Page:United States Statutes at Large Volume 97.djvu/1391

 PUBLIC LAW 98-199—DEC. 2, 1983 97 STAT. 1359 to assist such agencies in making grants to local educational agen- cies or intermediate educational units to pay part or all of the cost of altering existing buildings and equipment in accordance with stand- ards promulgated under the Act approved August 12, 1968 (Public Law 90-480), relating to architectural barriers. "(b) For the purposes of carrying out the provisions of this section, there are authorized to be appropriated such sums as may be necessary.". 42 USC 4151-4157. Appropriation authorization. REQUIREMENTS FOR PRESCRIBED REGULATIONS SEC. 6. The Act is amended by inserting after section 607 following new section: the REQUIREMENTS FOR PRESCRIBING REGULATIONS "SEC. 608. (a) For purposes of complying with section 431(b) of the General Education Provisions Act with respect to regulations pro- mulgated under part B of this Act, the thirty-day period under such section shall be ninety days. "(b) The Secretary may not implement, or publish in final form, any regulation prescribed pursuant to this Act which would proce- durally or substantively lessen the protections provided to handi- capped children under this Act, as embodied in regulations in effect on July 20, 1983 (particularly as such protections relate to parental consent to initial evaluation or initial placement in special educa- tion, least restrictive environment, related services, timelines, at- tendance of evaluation personnel at lEP meetings, or qualifications of personnel), except to the extent that such regulation reflects the clear and unequivocal intent of the Congress in legislation. "(c) The Secretary shall transmit a copy of any regulations pro- mulgated under this Act to the National Advisory Committee on the Education of the Handicapped concurrently with publication in the Federal Register.". 20 USC 1407. 20 USC 1232. 20 USC 1411. Transmittal to Committee. Publication in Federal Register. PARTICIPATION OF HANDICAPPED CHILDREN IN PRIVATE SCHOOLS SEC. 7. Section 613 of the Act is amended by inserting at the end of 20 USC 1413. such section the following new subsection: "(d)(1) If, on the date of enactment of the Education of the Waiver. Handicapped Act Amendments of 1983, a State educational agency ^"^^^ P 1357. is prohibited by law from providing for the participation in special programs of handicapped children enrolled in private elementary and secondary schools as required by subsection (a)(4), the Secretary shall waive such requirement, and shall arrange for the provision of services to such children through arrangements which shall be subject to the requirements of subsection (a)(4). "(2)(A) When the Secretary arranges for services pursuant to this Payments, subsection, the Secretary, after consultation with the appropriate public and private school officials, shall pay to the provider of such services an amount per child which may not exceed the Federal amount provided per child under this part to all handicapped children enrolled in the State for services for the fiscal year preced- ing the fiscal year for which the determination is made. '(B) Pending final resolution of any investigation or complaint Withholding of that could result in a determination under this subsection, the avocation. Secretary may withhold from the allocation of the affected State

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