Page:United States Statutes at Large Volume 111 Part 1.djvu/99

 PUBLIC LAW 105-17-JUNE 4, 1997 111 STAT. 75 "(A) serves children with disabilities attending those schools in the same manner as it serves children with disabilities in its other schools; and "(B) provides funds under this part to those schools in the same manner as it provides those funds to its other schools. " (6) INFORMATION FOR STATE EDUCATIONAL AGENCY.—The local educational agency shall provide the State educational agency with information necessary to enable the State educational agency to carry out its duties under this part, including, with respect to paragraphs (16) and (17) of section 612(a), information relating to the performance of children with disabilities participating in programs carried out under this part. "(7) PUBLIC INFORMATION.— The local educational agency shall make available to parents of children with disabilities and to the general public all documents relating to the eligibility of such agency under this part. " (b) EXCEPTION FOR PRIOR LOCAL PLANS. — "(1) IN GENERAL. — If a local educational agency or State agency has on file with the State educational agency policies and procedures that demonstrate that such local educational agency, or such State agency, as the case may be, meets 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 State educational agency shall consider such local educational agency or State agency, as the case may be, to have met such requirement for purposes of receiving assistance under this part. " (2) MODIFICATION MADE BY LOCAL EDUCATIONAL AGENCY. — Subject to paragraph (3), an application submitted by a local educational agency in accordance with this section shall remain in effect until it submits to the State educational agency such modifications as the local educational agency deems necessary. " (3) MODIFICATIONS REQUIRED BY STATE EDUCATIONAL AGENCY. —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 Federal or State courts, or there is an official finding of noncompliance with Federal or State law or regulations, the State educational agency may require a local educational agency to modify its application only to the extent necessary to ensure the local educational agency's compliance with this part or State law. " (c) NOTIFICATION OF LOCAL EDUCATIONAL AGENCY OR STATE AGENCY IN CASE OF INELIGIBILITY.—I f the State educational agency determines that a local educational agency or State agency is not eligible under this section, the State educational agency shall notify the local educational agency or State agency, as the case may be, of that determination and shall provide such local educational agency or State agency with reasonable notice and an opportunity for a hearing. " (d) LOCAL EDUCATIONAL AGENCY COMPLIANCE.— "(1) IN GENERAL.— I f the State educational agency, after reasonable notice and an opportunity for a hearing, finds that

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