Page:United States Statutes at Large Volume 118.djvu/2745

 118 STAT. 2715 PUBLIC LAW 108–446—DEC. 3, 2004 to middle or junior high school grades, from middle or junior high school grades to secondary school grades, and from secondary school grades to post secondary activities, but in no case a period longer than 3 years. ‘‘(6) FAILURE TO MEET TRANSITION OBJECTIVES.—If a partici pating agency, other than the local educational agency, fails to provide the transition services described in the IEP in accord ance with paragraph (1)(A)(i)(VIII), the local educational agency shall reconvene the IEP Team to identify alternative strategies to meet the transition objectives for the child set out in the IEP. ‘‘(7) CHILDREN WITH DISABILITIES IN ADULT PRISONS.— ‘‘(A) IN GENERAL.—The following requirements shall not apply to children with disabilities who are convicted as adults under State law and incarcerated in adult prisons: ‘‘(i) The requirements contained in section 612(a)(16) and paragraph (1)(A)(i)(VI) (relating to participation of children with disabilities in general assessments). ‘‘(ii) The requirements of items (aa) and (bb) of paragraph (1)(A)(i)(VIII) (relating to transition plan ning and transition services), do not apply with respect to such children whose eligibility under this part will end, because of such children’s age, before such chil dren will be released from prison. ‘‘(B) ADDITIONAL REQUIREMENT.—If a child with a dis ability is convicted as an adult under State law and incar cerated in an adult prison, the child’s IEP Team may modify the child’s IEP or placement notwithstanding the requirements of sections 612(a)(5)(A) and paragraph (1)(A) if the State has demonstrated a bona fide security or compelling penological interest that cannot otherwise be accommodated. ‘‘(e) EDUCATIONAL PLACEMENTS.—Each local educational agency or State educational agency shall ensure that the parents of each child with a disability are members of any group that makes decisions on the educational placement of their child. ‘‘(f) ALTERNATIVE MEANS OF MEETING PARTICIPATION.—When conducting IEP team meetings and placement meetings pursuant to this section, section 615(e), and section 615(f)(1)(B), and carrying out administrative matters under section 615 (such as scheduling, exchange of witness lists, and status conferences), the parent of a child with a disability and a local educational agency may agree to use alternative means of meeting participation, such as video conferences and conference calls. ‘‘SEC. 615. PROCEDURAL SAFEGUARDS. ‘‘(a) ESTABLISHMENT OF PROCEDURES.—Any State educational agency, State agency, or local educational agency that receives assistance under this part shall establish and maintain procedures in accordance with this section to ensure that children with disabil ities and their parents are guaranteed procedural safeguards with respect to the provision of a free appropriate public education by such agencies. ‘‘(b) TYPES OF PROCEDURES.—The procedures required by this section shall include the following: 20 USC 1415.

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