Page:United States Statutes at Large Volume 119.djvu/2828

 119 STAT. 2810

PUBLIC LAW 109–148—DEC. 30, 2005

education and related services, including early intervention services, to individuals adversely affected by a Gulf hurricane disaster. (b) TERMS OF AGREEMENTS.—An agreement referred to in subsection (a) is an agreement with an eligible entity made in accordance with subsection (e) that may extend the applicable deadlines under one or more of the following sections: (1) Section 611(e)(3)(C)(ii) of such Act, by extending up to an additional 60 days the 90 day deadline for developing a State plan for the high cost fund. (2) Section 612(a)(15)(C) of such Act, by extending up to an additional 60 days the deadline for submission of the annual report to the Secretary of Education and the public regarding the progress of the State and of children with disabilities in the State. (3) Section 612(a)(16)(D) of such Act, by extending up to an additional 60 days the deadline for making available reports regarding the participation in assessments and the performance on such assessments of children with disabilities. (4) Section 614(a)(1)(C)(i)(I) of such Act, by extending up to an additional 30 days the 60 day deadline for the initial evaluation to determine whether a child is a child with a disability for purposes of the provision of special education and related services to such child. (5) Section 616(b)(1)(A) of such Act, by extending up to an additional 60 days the deadline for finalization of the State performance plan. (6) Section 641(e)(1)(D) of such Act, by extending up to an additional 60 days the deadline for submission to the Governor of a State and the Secretary of Education of the report on the status of early intervention programs for infants and toddlers with disabilities and their families operated within the State. (c) RULE OF CONSTRUCTION.—Nothing in this section shall be construed— (1) as permitting the waiver of— (A) any applicable Federal civil rights law; (B) any student or family privacy protections, including provisions requiring parental consent for evaluations and services; (C) any procedural safeguards required under section 615 or section 639 of the Individuals with Disabilities Education Act; or (D) any requirements not specified in subsection (b) of this section; or (2) as removing the obligation of the eligible entity to provide a child with a disability or an infant or toddler with a disability and their families— (A) a free appropriate public education under part B of the Individuals with Disabilities Education Act; or (B) early intervention services under part C of such Act. (d) DURATION OF AGREEMENT.—An agreement under this section shall terminate at the conclusion of the 2005–2006 academic year. (e) REQUEST TO ENTER INTO AGREEMENT.—To enter into an agreement under this section, an eligible entity shall submit a

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