Page:United States Statutes at Large Volume 118.djvu/2703

 118 STAT. 2673 PUBLIC LAW 108–446—DEC. 3, 2004 ‘‘(A) IN GENERAL.—The Secretary of Education shall provide amounts to the Secretary of the Interior to meet the need for assistance for the education of children with disabilities on reservations aged 5 to 21, inclusive, enrolled in elementary schools and secondary schools for Indian children operated or funded by the Secretary of the Interior. The amount of such payment for any fiscal year shall be equal to 80 percent of the amount allotted under sub section (b)(2) for that fiscal year. Of the amount described in the preceding sentence— ‘‘(i) 80 percent shall be allocated to such schools by July 1 of that fiscal year; and ‘‘(ii) 20 percent shall be allocated to such schools by September 30 of that fiscal year. ‘‘(B) CALCULATION OF NUMBER OF CHILDREN.—In the case of Indian students aged 3 to 5, inclusive, who are enrolled in programs affiliated with the Bureau of Indian Affairs (referred to in this subsection as the ‘BIA’) schools and that are required by the States in which such schools are located to attain or maintain State accreditation, and which schools have such accreditation prior to the date of enactment of the Individuals with Disabilities Education Act Amendments of 1991, the school shall be allowed to count those children for the purpose of distribution of the funds provided under this paragraph to the Secretary of the Interior. The Secretary of the Interior shall be respon sible for meeting all of the requirements of this part for those children, in accordance with paragraph (2). ‘‘(C) ADDITIONAL REQUIREMENT.—With respect to all other children aged 3 to 21, inclusive, on reservations, the State educational agency shall be responsible for ensuring that all of the requirements of this part are imple mented. ‘‘(2) SUBMISSION OF INFORMATION.—The Secretary of Edu cation may provide the Secretary of the Interior amounts under paragraph (1) for a fiscal year only if the Secretary of the Interior submits to the Secretary of Education information that— ‘‘(A) demonstrates that the Department of the Interior meets the appropriate requirements, as determined by the Secretary of Education, of sections 612 (including moni toring and evaluation activities) and 613; ‘‘(B) includes a description of how the Secretary of the Interior will coordinate the provision of services under this part with local educational agencies, tribes and tribal organizations, and other private and Federal service pro viders; ‘‘(C) includes an assurance that there are public hearings, adequate notice of such hearings, and an oppor tunity for comment afforded to members of tribes, tribal governing bodies, and affected local school boards before the adoption of the policies, programs, and procedures related to the requirements described in subparagraph (A); ‘‘(D) includes an assurance that the Secretary of the Interior will provide such information as the Secretary of Education may require to comply with section 618;

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