Page:United States Statutes at Large Volume 118.djvu/2767

 118 STAT. 2737 PUBLIC LAW 108–446—DEC. 3, 2004 plan, the State educational agency shall prohibit the local edu cational agency from reducing the local educational agency’s mainte nance of effort under section 613(a)(2)(C) for any fiscal year. ‘‘(g) RULE OF CONSTRUCTION.—Nothing in this section shall be construed to restrict the Secretary from utilizing any authority under the General Education Provisions Act to monitor and enforce the requirements of this title. ‘‘(h) DIVIDED STATE AGENCY RESPONSIBILITY.—For purposes of this section, where responsibility for ensuring that the requirements of this part are met with respect to children with disabilities who are convicted as adults under State law and incarcerated in adult prisons is assigned to a public agency other than the State edu cational agency pursuant to section 612(a)(11)(C), the Secretary, in instances where the Secretary finds that the failure to comply substantially with the provisions of this part are related to a failure by the public agency, shall take appropriate corrective action to ensure compliance with this part, except that— ‘‘(1) any reduction or withholding of payments to the State shall be proportionate to the total funds allotted under section 611 to the State as the number of eligible children with disabil ities in adult prisons under the supervision of the other public agency is proportionate to the number of eligible individuals with disabilities in the State under the supervision of the State educational agency; and ‘‘(2) any withholding of funds under paragraph (1) shall be limited to the specific agency responsible for the failure to comply with this part. ‘‘(i) DATA CAPACITY AND TECHNICAL ASSISTANCE REVIEW.—The Secretary shall— ‘‘(1) review the data collection and analysis capacity of States to ensure that data and information determined nec essary for implementation of this section is collected, analyzed, and accurately reported to the Secretary; and ‘‘(2) provide technical assistance (from funds reserved under section 611(c)), where needed, to improve the capacity of States to meet the data collection requirements. ‘‘SEC. 617. ADMINISTRATION. ‘‘(a) RESPONSIBILITIES OF SECRETARY.—The Secretary shall— ‘‘(1) cooperate with, and (directly or by grant or contract) furnish technical assistance necessary to, a State in matters relating to— ‘‘(A) the education of children with disabilities; and ‘‘(B) carrying out this part; and ‘‘(2) provide short term training programs and institutes. ‘‘(b) PROHIBITION AGAINST FEDERAL MANDATES, DIRECTION, OR CONTROL.—Nothing in this title shall be construed to authorize an officer or employee of the Federal Government to mandate, direct, or control a State, local educational agency, or school’s spe cific instructional content, academic achievement standards and assessments, curriculum, or program of instruction. ‘‘(c) CONFIDENTIALITY.—The Secretary shall take appropriate action, in accordance with section 444 of the General Education Provisions Act, to ensure the protection of the confidentiality of any personally identifiable data, information, and records collected or maintained by the Secretary and by State educational agencies and local educational agencies pursuant to this part. 20 USC 1417.

�