Page:United States Statutes at Large Volume 118.djvu/2720

 118 STAT. 2690 PUBLIC LAW 108–446—DEC. 3, 2004 ‘‘(i) advise the State educational agency of unmet needs within the State in the education of children with disabilities; ‘‘(ii) comment publicly on any rules or regulations proposed by the State regarding the education of chil dren with disabilities; ‘‘(iii) advise the State educational agency in devel oping evaluations and reporting on data to the Sec retary under section 618; ‘‘(iv) advise the State educational agency in devel oping corrective action plans to address findings identi fied in Federal monitoring reports under this part; and ‘‘(v) advise the State educational agency in devel oping and implementing policies relating to the coordination of services for children with disabilities. ‘‘(22) SUSPENSION AND EXPULSION RATES.— ‘‘(A) IN GENERAL.—The State educational agency exam ines data, including data disaggregated by race and eth nicity, to determine if significant discrepancies are occur ring in the rate of long term suspensions and expulsions of children with disabilities— ‘‘(i) among local educational agencies in the State; or ‘‘(ii) compared to such rates for nondisabled chil dren within such agencies. ‘‘(B) REVIEW AND REVISION OF POLICIES.—If such discrepancies are occurring, the State educational agency reviews and, if appropriate, revises (or requires the affected State or local educational agency to revise) its policies, procedures, and practices relating to the development and implementation of IEPs, the use of positive behavioral interventions and supports, and procedural safeguards, to ensure that such policies, procedures, and practices comply with this title. ‘‘(23) ACCESS TO INSTRUCTIONAL MATERIALS.— ‘‘(A) IN GENERAL.—The State adopts the National Instructional Materials Accessibility Standard for the pur poses of providing instructional materials to blind persons or other persons with print disabilities, in a timely manner after the publication of the National Instructional Materials Accessibility Standard in the Federal Register. ‘‘(B) RIGHTS OF STATE EDUCATIONAL AGENCY.—Nothing in this paragraph shall be construed to require any State educational agency to coordinate with the National Instruc tional Materials Access Center. If a State educational agency chooses not to coordinate with the National Instruc tional Materials Access Center, such agency shall provide an assurance to the Secretary that the agency will provide instructional materials to blind persons or other persons with print disabilities in a timely manner. ‘‘(C) PREPARATION AND DELIVERY OF FILES.—If a State educational agency chooses to coordinate with the National Instructional Materials Access Center, not later than 2 years after the date of enactment of the Individuals with Disabilities Education Improvement Act of 2004, the Deadline. Contracts.

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