Page:United States Statutes at Large Volume 118.djvu/2713

 118 STAT. 2683 PUBLIC LAW 108–446—DEC. 3, 2004 ‘‘(III) upon a judicial finding of unreasonableness with respect to actions taken by the parents. ‘‘(iv) EXCEPTION.—Notwithstanding the notice requirement in clause (iii)(I), the cost of reimbursement— ‘‘(I) shall not be reduced or denied for failure to provide such notice if— ‘‘(aa) the school prevented the parent from providing such notice; ‘‘(bb) the parents had not received notice, pursuant to section 615, of the notice require ment in clause (iii)(I); or ‘‘(cc) compliance with clause (iii)(I) would likely result in physical harm to the child; and ‘‘(II) may, in the discretion of a court or a hearing officer, not be reduced or denied for failure to provide such notice if— ‘‘(aa) the parent is illiterate or cannot write in English; or ‘‘(bb) compliance with clause (iii)(I) would likely result in serious emotional harm to the child. ‘‘(11) STATE EDUCATIONAL AGENCY RESPONSIBLE FOR GEN ERAL SUPERVISION.— ‘‘(A) IN GENERAL.—The State educational agency is responsible for ensuring that— ‘‘(i) the requirements of this part are met; ‘‘(ii) all educational programs for children with disabilities in the State, including all such programs administered by any other State agency or local agency— ‘‘(I) are under the general supervision of individuals in the State who are responsible for educational programs for children with disabilities; and ‘‘(II) meet the educational standards of the State educational agency; and ‘‘(iii) in carrying out this part with respect to home less children, the requirements of subtitle B of title VII of the McKinney Vento Homeless Assistance Act (42 U.S.C. 11431 et seq.) are met. ‘‘(B) LIMITATION.—Subparagraph (A) shall not limit the responsibility of agencies in the State other than the State educational agency to provide, or pay for some or all of the costs of, a free appropriate public education for any child with a disability in the State. ‘‘(C) EXCEPTION.—Notwithstanding subparagraphs (A) and (B), the Governor (or another individual pursuant to State law), consistent with State law, may assign to any public agency in the State the responsibility of ensuring that the requirements of this part are met with respect to children with disabilities who are convicted as adults under State law and incarcerated in adult prisons. ‘‘(12) OBLIGATIONS RELATED TO AND METHODS OF ENSURING SERVICES.—

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