Page:United States Statutes at Large Volume 118.djvu/2707

 118 STAT. 2677 PUBLIC LAW 108–446—DEC. 3, 2004 ‘‘(i) aged 3 through 5 and 18 through 21 in a State to the extent that its application to those children would be inconsistent with State law or practice, or the order of any court, respecting the provision of public education to children in those age ranges; and ‘‘(ii) aged 18 through 21 to the extent that State law does not require that special education and related services under this part be provided to children with disabilities who, in the educational placement prior to their incarceration in an adult correctional facility— ‘‘(I) were not actually identified as being a child with a disability under section 602; or ‘‘(II) did not have an individualized education program under this part. ‘‘(C) STATE FLEXIBILITY.—A State that provides early intervention services in accordance with part C to a child who is eligible for services under section 619, is not required to provide such child with a free appropriate public education. ‘‘(2) FULL EDUCATIONAL OPPORTUNITY GOAL.—The State has established a goal of providing full educational opportunity to all children with disabilities and a detailed timetable for accomplishing that goal. ‘‘(3) CHILD FIND.— ‘‘(A) IN GENERAL.—All children with disabilities residing in the State, including children with disabilities who are homeless children or are wards of the State and children with disabilities attending private schools, regard less of the severity of their disabilities, and who are in need of special education and related services, are identi fied, located, and evaluated and a practical method is devel oped and implemented to determine which children with disabilities are currently receiving needed special education and related services. ‘‘(B) CONSTRUCTION.—Nothing in this title requires that children be classified by their disability so long as each child who has a disability listed in section 602 and who, by reason of that disability, needs special education and related services is regarded as a child with a disability under this part. ‘‘(4) INDIVIDUALIZED EDUCATION PROGRAM.—An individual ized education program, or an individualized family service plan that meets the requirements of section 636(d), is developed, reviewed, and revised for each child with a disability in accord ance with section 614(d). ‘‘(5) LEAST RESTRICTIVE ENVIRONMENT.— ‘‘(A) IN GENERAL.—To the maximum extent appro priate, children with disabilities, including children in public or private institutions or other care facilities, are educated with children who are not disabled, and special classes, separate schooling, or other removal of children with disabilities from the regular educational environment occurs only when the nature or severity of the disability of a child is such that education in regular classes with the use of supplementary aids and services cannot be achieved satisfactorily. ‘‘(B) ADDITIONAL REQUIREMENT.—

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