Page:United States Statutes at Large Volume 88 Part 1.djvu/626

 582

Ante, p. 580.

PUBLIC LAW 93-380-AUG. 21, 1974

[88 STAT.

"(12)(A) establish a goal of providing full educational opportunities to all handicapped children, and (B) provide for a procedure to assure that funds expended under this part are used to accomplish the goal set forth m (A) of this paragraph and priority in the utilization of funds under this part will be given to handicapped children who are not receiving an education; and "(13) provide procedures for insuring that handicapped children and their parents or guardians are guaranteed procedural safeguards in decisions regarding identification, evaluation and educational placement of handicapped children including, but not limited to (A)(i) prior notice to parents or guardians of the child when the local or State educational agency proposes to change the educational placement of the child, (ii) an opportunity for the parents or guardians to obtain an impartial due process hearing, examine all relevant records with respect to the classification or educational placement of the child, and obtain an independent educational evaluation of the child, (iii) procedures to protect the rights of the child when the parents or guardians are not known, unavailable, or the child is a ward of the State including the assignment of an individual (not to be an employee of the State or local educational agency involved in the education or care of children) to act as a surrogate for the parents or guardians, and (iv) provision to insure that the decisions rendered in the impartial due process hearing required by this paragraph shall be binding on all parties subject only to appropriate administrative or judicial appeal; and (B) procedures to insure that, to the maximum extent appropriate, handicapped children, including children in public or private institutions or other care facilities, are educated with children who are not handicapped, and that special classes, separate schooling, or other removal of handicapped children from the regular education environment occurs only when the nature or severity of the handicap is such that education in regular classes with the use of supplementary aids and services cannot be achieved satisfactorily; and (C) procedures to insure the testing and evaluation materials and procedures utilized for the purposes of classification and placement of handicapped children will be selected and administered so as not to be racially or culturally discriminatory.". (^^ (j) Section 611(a) of the Education of the Handicapped Act

is amended by inserting before the period the following: "in order to provide full educational opportunity to air handicapped children". (2) Subsection (b) of section 6 l i of the Education of the Handicapped Act is amended to read as follows: "(b) For the purpose of making grants under this part, there are authorized to be appropriated $100,000,000 for the fiscal year ending June 30, 1976, and $110,000,000 for the fiscal year ending June 30, 1977.". Effective date. ^3^ ^j^g amendment made by subsection (e) shall become effective note. and shall be deemed to have been enacted on July 1, 1975. 20 USC 1412. (f)(1) Section 612(a)(1)(B) of such Act is amended by striking out "1973" and inserting in lieu thereof "1977". Effective date. ^2) The amendment made by this subsection shall be effective on 20 USC 1412 note. and after July 1, 1973. ADDITIONAL STATE PLAN REQUIREMENT

Effective date. 20 USC 1412

and note

gj,c, 615. (a)(1) Effective on and after July 1, 1975, section 612(a) (2) of the Education of the Handicapped Act is amended by striking out "$200,000" and inserting in lieu thereof "$300,000".

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