Page:United States Statutes at Large Volume 118.djvu/2726

 118 STAT. 2696 PUBLIC LAW 108–446—DEC. 3, 2004 ‘‘(3) PERSONNEL DEVELOPMENT.—The local educational agency shall ensure that all personnel necessary to carry out this part are appropriately and adequately prepared, subject to the requirements of section 612(a)(14) and section 2122 of the Elementary and Secondary Education Act of 1965. ‘‘(4) PERMISSIVE USE OF FUNDS.— ‘‘(A) USES.—Notwithstanding paragraph (2)(A) or sec tion 612(a)(17)(B) (relating to commingled funds), funds provided to the local educational agency under this part may be used for the following activities: ‘‘(i) SERVICES AND AIDS THAT ALSO BENEFIT NON DISABLED CHILDREN.—For the costs of special education and related services, and supplementary aids and serv ices, provided in a regular class or other education related setting to a child with a disability in accordance with the individualized education program of the child, even if 1 or more nondisabled children benefit from such services. ‘‘(ii) EARLY INTERVENING SERVICES.—To develop and implement coordinated, early intervening edu cational services in accordance with subsection (f). ‘‘(iii) HIGH COST EDUCATION AND RELATED SERV ICES.—To establish and implement cost or risk sharing funds, consortia, or cooperatives for the local edu cational agency itself, or for local educational agencies working in a consortium of which the local educational agency is a part, to pay for high cost special education and related services. ‘‘(B) ADMINISTRATIVE CASE MANAGEMENT.—A local edu cational agency may use funds received under this part to purchase appropriate technology for recordkeeping, data collection, and related case management activities of teachers and related services personnel providing services described in the individualized education program of chil dren with disabilities, that is needed for the implementa tion of such case management activities. ‘‘(5) TREATMENT OF CHARTER SCHOOLS AND THEIR STU DENTS.—In carrying out this part with respect to charter schools that are public schools of the local educational agency, the local educational agency— ‘‘(A) serves children with disabilities attending those charter schools in the same manner as the local educational agency serves children with disabilities in its other schools, including providing supplementary and related services on site at the charter school to the same extent to which the local educational agency has a policy or practice of providing such services on the site to its other public schools; and ‘‘(B) provides funds under this part to those charter schools— ‘‘(i) on the same basis as the local educational agency provides funds to the local educational agency’s other public schools, including proportional distribution based on relative enrollment of children with disabil ities; and

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