Page:United States Statutes at Large Volume 118.djvu/2710

 118 STAT. 2680 PUBLIC LAW 108–446—DEC. 3, 2004 ‘‘(V) COMPLETION PERIOD.—Such child find process shall be completed in a time period com parable to that for other students attending public schools in the local educational agency. ‘‘(iii) CONSULTATION.—To ensure timely and mean ingful consultation, a local educational agency, or where appropriate, a State educational agency, shall consult with private school representatives and rep resentatives of parents of parentally placed private school children with disabilities during the design and development of special education and related services for the children, including regarding— ‘‘(I) the child find process and how parentally placed private school children suspected of having a disability can participate equitably, including how parents, teachers, and private school officials will be informed of the process; ‘‘(II) the determination of the proportionate amount of Federal funds available to serve paren tally placed private school children with disabil ities under this subparagraph, including the deter mination of how the amount was calculated; ‘‘(III) the consultation process among the local educational agency, private school officials, and representatives of parents of parentally placed pri vate school children with disabilities, including how such process will operate throughout the school year to ensure that parentally placed pri vate school children with disabilities identified through the child find process can meaningfully participate in special education and related serv ices; ‘‘(IV) how, where, and by whom special edu cation and related services will be provided for parentally placed private school children with disabilities, including a discussion of types of serv ices, including direct services and alternate service delivery mechanisms, how such services will be apportioned if funds are insufficient to serve all children, and how and when these decisions will be made; and ‘‘(V) how, if the local educational agency dis agrees with the views of the private school officials on the provision of services or the types of services, whether provided directly or through a contract, the local educational agency shall provide to the private school officials a written explanation of the reasons why the local educational agency chose not to provide services directly or through a con tract. ‘‘(iv) WRITTEN AFFIRMATION.—When timely and meaningful consultation as required by clause (iii) has occurred, the local educational agency shall obtain a written affirmation signed by the representatives of participating private schools, and if such representa tives do not provide such affirmation within a reason able period of time, the local educational agency shall

�