Page:United States Statutes at Large Volume 118.djvu/2732

 118 STAT. 2702 PUBLIC LAW 108–446—DEC. 3, 2004 and the activities that were funded pursuant to paragraph (3). ‘‘(5) LIMITATION.—Notwithstanding paragraph (1), a State educational agency may not reduce the level of expenditures described in paragraph (1) if any local educational agency in the State would, as a result of such reduction, receive less than 100 percent of the amount necessary to ensure that all children with disabilities served by the local educational agency receive a free appropriate public education from the combina tion of Federal funds received under this title and State funds received from the State educational agency. ‘‘SEC. 614. EVALUATIONS, ELIGIBILITY DETERMINATIONS, INDIVIDUAL IZED EDUCATION PROGRAMS, AND EDUCATIONAL PLACEMENTS. ‘‘(a) EVALUATIONS, PARENTAL CONSENT, AND REEVALUATIONS.— ‘‘(1) INITIAL EVALUATIONS.— ‘‘(A) IN GENERAL.—A State educational agency, other State agency, or local educational agency shall conduct a full and individual initial evaluation in accordance with this paragraph and subsection (b), before the initial provi sion of special education and related services to a child with a disability under this part. ‘‘(B) REQUEST FOR INITIAL EVALUATION.—Consistent with subparagraph (D), either a parent of a child, or a State educational agency, other State agency, or local edu cational agency may initiate a request for an initial evalua tion to determine if the child is a child with a disability. ‘‘(C) PROCEDURES.— ‘‘(i) IN GENERAL.—Such initial evaluation shall con sist of procedures— ‘‘(I) to determine whether a child is a child with a disability (as defined in section 602) within 60 days of receiving parental consent for the evaluation, or, if the State establishes a timeframe within which the evaluation must be conducted, within such timeframe; and ‘‘(II) to determine the educational needs of such child. ‘‘(ii) EXCEPTION.—The relevant timeframe in clause (i)(I) shall not apply to a local educational agency if— ‘‘(I) a child enrolls in a school served by the local educational agency after the relevant time frame in clause (i)(I) has begun and prior to a determination by the child’s previous local edu cational agency as to whether the child is a child with a disability (as defined in section 602), but only if the subsequent local educational agency is making sufficient progress to ensure a prompt completion of the evaluation, and the parent and subsequent local educational agency agree to a specific time when the evaluation will be com pleted; or ‘‘(II) the parent of a child repeatedly fails or refuses to produce the child for the evaluation. ‘‘(D) PARENTAL CONSENT.— ‘‘(i) IN GENERAL.— Deadline. 20 USC 1414.

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