Page:United States Statutes at Large Volume 118.djvu/2709

 118 STAT. 2679 PUBLIC LAW 108–446—DEC. 3, 2004 by providing for such children special education and related services in accordance with the following requirements, unless the Secretary has arranged for services to those children under subsection (f): ‘‘(I) Amounts to be expended for the provision of those services (including direct services to paren tally placed private school children) by the local educational agency shall be equal to a propor tionate amount of Federal funds made available under this part. ‘‘(II) In calculating the proportionate amount of Federal funds, the local educational agency, after timely and meaningful consultation with rep resentatives of private schools as described in clause (iii), shall conduct a thorough and complete child find process to determine the number of parentally placed children with disabilities attending private schools located in the local edu cational agency. ‘‘(III) Such services to parentally placed pri vate school children with disabilities may be pro vided to the children on the premises of private, including religious, schools, to the extent con sistent with law. ‘‘(IV) State and local funds may supplement and in no case shall supplant the proportionate amount of Federal funds required to be expended under this subparagraph. ‘‘(V) Each local educational agency shall main tain in its records and provide to the State edu cational agency the number of children evaluated under this subparagraph, the number of children determined to be children with disabilities under this paragraph, and the number of children served under this paragraph. ‘‘(ii) CHILD FIND REQUIREMENT.— ‘‘(I) IN GENERAL.—The requirements of para graph (3) (relating to child find) shall apply with respect to children with disabilities in the State who are enrolled in private, including religious, elementary schools and secondary schools. ‘‘(II) EQUITABLE PARTICIPATION.—The child find process shall be designed to ensure the equi table participation of parentally placed private school children with disabilities and an accurate count of such children. ‘‘(III) ACTIVITIES.—In carrying out this clause, the local educational agency, or where applicable, the State educational agency, shall undertake activities similar to those activities undertaken for the agency’s public school children. ‘‘(IV) COST.—The cost of carrying out this clause, including individual evaluations, may not be considered in determining whether a local edu cational agency has met its obligations under clause (i).

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