Page:United States Statutes at Large Volume 118.djvu/2718

 118 STAT. 2688 PUBLIC LAW 108–446—DEC. 3, 2004 ‘‘(E) UNIVERSAL DESIGN.—The State educational agency (or, in the case of a districtwide assessment, the local educational agency) shall, to the extent feasible, use uni versal design principles in developing and administering any assessments under this paragraph. ‘‘(17) SUPPLEMENTATION OF STATE, LOCAL, AND OTHER FED ERAL FUNDS.— ‘‘(A) EXPENDITURES.—Funds paid to a State under this part will be expended in accordance with all the provisions of this part. ‘‘(B) PROHIBITION AGAINST COMMINGLING.—Funds paid to a State under this part will not be commingled with State funds. ‘‘(C) PROHIBITION AGAINST SUPPLANTATION AND CONDI TIONS FOR WAIVER BY SECRETARY.—Except as provided in section 613, funds paid to a State under this part will be used to supplement the level of Federal, State, and local funds (including funds that are not under the direct control of State or local educational agencies) expended for special education and related services provided to chil dren with disabilities under this part and in no case to supplant such Federal, State, and local funds, except that, where the State provides clear and convincing evidence that all children with disabilities have available to them a free appropriate public education, the Secretary may waive, in whole or in part, the requirements of this subparagraph if the Secretary concurs with the evidence provided by the State. ‘‘(18) MAINTENANCE OF STATE FINANCIAL SUPPORT.— ‘‘(A) IN GENERAL.—The State does not reduce the amount of State financial support for special education and related services for children with disabilities, or other wise made available because of the excess costs of educating those children, below the amount of that support for the preceding fiscal year. ‘‘(B) REDUCTION OF FUNDS FOR FAILURE TO MAINTAIN SUPPORT.—The Secretary shall reduce the allocation of funds under section 611 for any fiscal year following the fiscal year in which the State fails to comply with the requirement of subparagraph (A) by the same amount by which the State fails to meet the requirement. ‘‘(C) WAIVERS FOR EXCEPTIONAL OR UNCONTROLLABLE CIRCUMSTANCES.—The Secretary may waive the require ment of subparagraph (A) for a State, for 1 fiscal year at a time, if the Secretary determines that— ‘‘(i) granting a waiver would be equitable due to exceptional or uncontrollable circumstances such as a natural disaster or a precipitous and unforeseen decline in the financial resources of the State; or ‘‘(ii) the State meets the standard in paragraph (17)(C) for a waiver of the requirement to supplement, and not to supplant, funds received under this part. ‘‘(D) SUBSEQUENT YEARS.—If, for any year, a State fails to meet the requirement of subparagraph (A), including any year for which the State is granted a waiver under subparagraph (C), the financial support required of the State in future years under subparagraph (A) shall

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