Page:United States Statutes at Large Volume 89.djvu/836

 89 STAT. 776

20 USC 241a note, 881.

20 USC 1401.

PUBLIC LAW 94-142—NOV. 29, 1975 " ( 1 9) The term 'individualized education program ' means a written statement for each handicapped child developed in any meeting by a representative of the local educational agency or an intermediate educational unit who shall be qualified to provide, or supervise the provision of, specially designed instruction to meet the unique needs of handicapped children, the teacher, the parents or guardian of such child, and, whenever appropriate, such child, which statement shall include (A) a statement of the present levels of educational performance of such child, (B) a statement of annual goals, including short-term instructional objectives, (C) a statement of the specific educational services to be provided to such child, and the extent to which such child will be able to participate in regular educational programs, (D) the projected date for initiation and anticipated duration of such services, and (E) appropriate objective criteria and evaluation procedures and schedules for determining, on at least an annual basis, whether instructional objectives are being achieved. "(20) The term 'excess costs' means those costs which are in excess of the average annual per student expenditure in a local educational agency during the preceding school year for an elementary or secondary school student, as may be appropriate, and which shall be computed after deducting (A) amounts received under this part or under title I or title VII of the Elementary and Secondary Education Act of 1965, and (B) any State or local funds expended for programs which would qualify for assistance under this part or under such titles. "(21) The term 'native language' has the meaning given that term by section 7 0 3 (a)(2) of the Bilingual Education Act (20 U.S.C. 880b-l(a)(2)). "(22) The term 'intermediate educational unit' means any public authority, other than a local educational agency, which is under the general supervision of a State educational agency, which is established by State law for the purpose of providing free public education on a regional basis, and which provides special education and related services to handicapped children within that State,". (b) The heading for section 602 of the Act (20 U.S.C. 1402) is amended to read as follows: "DEFINITIONS", ASSISTANCE FOR EDUCATION OF ALL HANDICAPPED CHILDREN

SEC. 5. (a) Part B of the Act (20 U.S.C. 1411 et seq.) is amended to read as follows: " P A R T B—^ASSISTANCE FOR EDUCATION OF A L L HANDICAPPED CHILDREN "ENTITLEMENTS AND ALLOCATIONS

20 USC 1411. Post, p. 793.

" SEC. 611. (a)(1) E x c e p t as provided in paragraph (3) and in section 619, the maximum amount of the g r a n t to which a State is entitled under this part for any fiscal year shall be equal to— " (A) the number of handicapped children aged three to twentyone, inclusive, in such State who are receiving special education and related services; multiplied by— " (B)(i) 5 per centum, for the fiscal year ending September 30, 1978, of the average per pupil expenditure in public elementary and secondary schools in the United States;

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