Page:United States Statutes at Large Volume 118.djvu/2760

 118 STAT. 2730 PUBLIC LAW 108–446—DEC. 3, 2004 of the child are transmitted for consideration by the appro priate authorities to whom the agency reports the crime. ‘‘(7) DEFINITIONS.—In this subsection: ‘‘(A) CONTROLLED SUBSTANCE.—The term ‘controlled substance’ means a drug or other substance identified under schedule I, II, III, IV, or V in section 202(c) of the Controlled Substances Act (21 U.S.C. 812(c)). ‘‘(B) ILLEGAL DRUG.—The term ‘illegal drug’ means a controlled substance but does not include a controlled sub stance that is legally possessed or used under the super vision of a licensed health care professional or that is legally possessed or used under any other authority under that Act or under any other provision of Federal law. ‘‘(C) WEAPON.—The term ‘weapon’ has the meaning given the term ‘dangerous weapon’ under section 930(g)(2) of title 18, United States Code. ‘‘(D) SERIOUS BODILY INJURY.—The term ‘serious bodily injury’ has the meaning given the term ‘serious bodily injury’ under paragraph (3) of subsection (h) of section 1365 of title 18, United States Code. ‘‘(l) RULE OF CONSTRUCTION.—Nothing in this title shall be construed to restrict or limit the rights, procedures, and remedies available under the Constitution, the Americans with Disabilities Act of 1990, title V of the Rehabilitation Act of 1973, or other Federal laws protecting the rights of children with disabilities, except that before the filing of a civil action under such laws seeking relief that is also available under this part, the procedures under subsections (f) and (g) shall be exhausted to the same extent as would be required had the action been brought under this part. ‘‘(m) TRANSFER OF PARENTAL RIGHTS AT AGE OF MAJORITY.— ‘‘(1) IN GENERAL.—A State that receives amounts from a grant under this part may provide that, when a child with a disability reaches the age of majority under State law (except for a child with a disability who has been determined to be incompetent under State law)— ‘‘(A) the agency shall provide any notice required by this section to both the individual and the parents; ‘‘(B) all other rights accorded to parents under this part transfer to the child; ‘‘(C) the agency shall notify the individual and the parents of the transfer of rights; and ‘‘(D) all rights accorded to parents under this part transfer to children who are incarcerated in an adult or juvenile Federal, State, or local correctional institution. ‘‘(2) SPECIAL RULE.—If, under State law, a child with a disability who has reached the age of majority under State law, who has not been determined to be incompetent, but who is determined not to have the ability to provide informed consent with respect to the educational program of the child, the State shall establish procedures for appointing the parent of the child, or if the parent is not available, another appro priate individual, to represent the educational interests of the child throughout the period of eligibility of the child under this part. ‘‘(n) ELECTRONIC MAIL.—A parent of a child with a disability may elect to receive notices required under this section by an Notification.

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