Page:United States Statutes at Large Volume 111 Part 1.djvu/95

 PUBLIC LAW 105-17^JUNE 4, 1997 111 STAT. 71 any requirement of subsection (a), including any policies and procedures filed under this part as in effect before the effective date of the Individuals with Disabilities Education Act Amendments of 1997, the Secretary shall consider such State to have met such requirement for purposes of receiving a grant under this part. "(2) MODIFICATIONS MADE BY STATE.—Subject to paragraph Applicabmty. (3), an application submitted by a State in accordance with this section shall remain in effect until the State submits to the Secretary such modifications as the State deems necessary. This section shall apply to a modification to an application to the same extent and in the same manner as this section applies to the original plan. "(3) MODIFICATIONS REQUIRED BY THE SECRETARY.— If, after the effective date of the Individuals with Disabilities Education Act Amendments of 1997, the provisions of this Act are amended (or the regulations developed to carry out this Act are amended), or there is a new interpretation of this Act by a Federal court or a State's highest court, or there is an official finding of noncompliance with Federal law or regulations, the Secretary may require a State to modify its application only to the extent necessary to ensure the State's compliance with this part. " (d) APPROVAL BY THE SECRETARY.— "(1) IN GENERAL. —If the Secretary determines that a State is eligible to receive a grant under this part, the Secretary shall notify the State of that determination. "(2) NOTICE AND HEARING. — The Secretary shall not make a final determination that a State is not eligible to receive a grant under this part until after providing the State— "(A) with reasonable notice; and "(B) with an opportunity for a hearing. " (e) ASSISTANCE UNDER OTHER FEDERAL PROGRAMS. —Nothing in this title permits a State to reduce medical and other assistance available, or to alter eligibility, under titles V and XIX of the Social Security Act with respect to the provision of a free appropriate public education for children with disabilities in the State. " (f) BY-PASS FOR CHILDREN IN PRIVATE SCHOOLS. — "(1) IN GENERAL. —I f, on the date of enactment of the Education of the Handicapped Act Amendments of 1983, a State educational agency is prohibited by law from providing for the participation in special programs of children with disabilities enrolled in private elementary and secondary schools as required by subsection (a)(10)(A), the Secretary shall, notwithstanding such provision of law, arrange for the provision of services to such children through arrangements which shall be subject to the requirements of such subsection. "(2) PAYMENTS.— "(A) DETERMINATION OF AMOUNTS. —If the Secretary arranges for services pursuant to this subsection, the Secretary, after consultation with the appropriate public and private school officials, shall pay to the provider of such services for a fiscal year an amount per child that does not exceed the amount determined by dividing— "(i) the total amount received by the State under this part for such fiscal year; by

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