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20
U.S.C. §1412.
State eligibility
(a) In general
A State is eligible for assistance under this subchapter for a
fiscal year if the State submits a plan that provides
assurances to the Secretary that the State has in
effect policies and procedures to ensure that the
State meets each of the following conditions:
(1)
Free appropriate public education
(A) In general
A
free appropriate public education is available to all
children with disabilities residing in the State
between the ages of 3 and 21, inclusive, including
children with disabilities who have been suspended or
expelled from school.
(B) Limitation
The
obligation to make a free appropriate public education
available to all children with disabilities does not
apply with respect to children--
(i) aged 3 through 5 and 18 through 21 in a State
to the extent that its application to those children
would be inconsistent with State law or practice, or
the order of any court, respecting the provision of
public education to children in those age ranges; and
(ii) aged 18 through 21 to the extent that State
law does not require that special education and
related services under this subchapter be provided to
children with disabilities who, in the educational
placement prior to their incarceration in an adult
correctional facility--
(I)
were not actually identified as being a child with a
disability under section
1401 of this title; or
(II)
did not have an individualized education program under
this subchapter.
(C) State flexibility
A
State that provides early intervention services in
accordance with subchapter III of this chapter [20
U.S.C.A. § 1431 et seq.] to a child who is
eligible for services under section
1419 of this title, is not required to
provide such child with a free appropriate public
education.
(2)
Full educational opportunity goal
The
State has established a goal of providing full
educational opportunity to all children with
disabilities and a detailed timetable for
accomplishing that goal.
(3)
Child find
(A) In general
All
children with disabilities residing in the State,
including children with disabilities who are homeless
children or are wards of the State and children with
disabilities attending private schools, regardless of
the severity of their disabilities, and who are in
need of special education and related services, are
identified, located, and evaluated and a practical
method is developed and implemented to determine which
children with disabilities are currently receiving
needed special education and related services.
(B) Construction
Nothing
in this chapter requires that children be classified
by their disability so long as each child who has a
disability listed in section
1401 of this title and who, by reason of
that disability, needs special education and related
services is regarded as a child with a disability
under this subchapter.
(4)
Individualized education program
An
individualized education program, or an individualized
family service plan that meets the requirements of section
1436(d) of this title, is developed, reviewed,
and revised for each child with a disability in
accordance with section
1414(d) of this title.
(5)
Least restrictive environment
(A) In general
To
the maximum extent appropriate, children with
disabilities, including children in public or private
institutions or other care facilities, are educated
with children who are not disabled, and special
classes, separate schooling, or other removal of
children with disabilities from the regular
educational environment occurs only when the nature or
severity of the disability of a child is such that
education in regular classes with the use of
supplementary aids and services cannot be achieved
satisfactorily.
(B) Additional requirement
(i) In general
A
State funding mechanism shall not result in placements
that violate the requirements of subparagraph (A), and
a State shall not use a funding mechanism by which the
State distributes funds on the basis of the type of
setting in which a child is served that will result in
the failure to provide a child with a disability a
free appropriate public education according to the
unique needs of the child as described in the child's
IEP.
(ii) Assurance
If
the State does not have policies and procedures to
ensure compliance with clause (i), the State shall
provide the Secretary an assurance that the State will
revise the funding mechanism as soon as feasible to
ensure that such mechanism does not result in such
placements.
(6)
Procedural safeguards
(A) In general
Children
with disabilities and their parents are afforded the
procedural safeguards required by section
1415 of this title.
(B) Additional procedural safeguards
Procedures
to ensure that testing and evaluation materials and
procedures utilized for the purposes of evaluation and
placement of children with disabilities for services
under this chapter will be selected and administered
so as not to be racially or culturally discriminatory.
Such materials or procedures shall be provided and
administered in the child's native language or mode of
communication, unless it clearly is not feasible to do
so, and no single procedure shall be the sole
criterion for determining an appropriate educational
program for a child.
(7)
Evaluation
Children
with disabilities are evaluated in accordance with subsections
(a) through (c) of section 1414 of this
title.
(8)
Confidentiality
Agencies
in the State comply with section
1417(c) of this title (relating to the
confidentiality of records and information).
(9)
Transition from subchapter III to preschool
programs
Children
participating in early intervention programs assisted
under subchapter III of this chapter [20
U.S.C.A. § 1431 et seq.], and who will
participate in preschool programs assisted under this
subchapter, experience a smooth and effective
transition to those preschool programs in a manner
consistent with section
1437(a)(9) of this title. By the third
birthday of such a child, an individualized education
program or, if consistent with sections
1414(d)(2)(B) and 1436(d)
of this title, an individualized family service plan,
has been developed and is being implemented for the
child. The local educational agency will participate
in transition planning conferences arranged by the
designated lead agency under section
1435(a)(10) of this title.
(10)
Children in private schools
(A) Children enrolled in private schools by
their parents
(i) In general
To
the extent consistent with the number and location of
children with disabilities in the State who are
enrolled by their parents in private elementary
schools and secondary schools in the school district
served by a local educational agency, provision is
made for the participation of those children in the
program assisted or carried out under this subchapter
by providing for such children special education and
related services in accordance with the following
requirements, unless the Secretary has arranged for
services to those children under subsection (f) of
this section:
(I)
Amounts to be expended for the provision of those
services (including direct services to parentally
placed private school children) by the local
educational agency shall be equal to a proportionate
amount of Federal funds made available under this
subchapter.
(II)
In calculating the proportionate amount of Federal
funds, the local educational agency, after timely and
meaningful consultation with representatives of
private schools as described in clause (iii), shall
conduct a thorough and complete
child find process to determine the number of
parentally placed children with disabilities attending
private schools located in the local educational
agency.
(III)
Such services to parentally placed private school
children with disabilities may be provided to the
children on the premises of private, including
religious, schools, to the extent consistent with law.
(IV) State and local funds may supplement and in no
case shall supplant the proportionate amount of
Federal funds required to be expended under this
subparagraph.
(V) Each local educational agency shall maintain
in its records and provide to the State educational
agency the number of children evaluated under this
subparagraph, the number of children determined to be
children with disabilities under this paragraph, and
the number of children served under this paragraph.
(ii) Child find requirement
(I) In general
The
requirements of paragraph (3) (relating to child find)
shall apply with respect to children with disabilities
in the State who are enrolled in private, including
religious, elementary schools and secondary schools.
(II) Equitable participation
The
child find process shall be designed to ensure the
equitable participation of parentally placed private
school children with disabilities and an accurate
count of such children.
(III) Activities
In
carrying out this clause, the local educational
agency, or where applicable, the State educational
agency, shall undertake activities similar to those
activities undertaken for the agency's public school
children.
(IV) Cost
The
cost of carrying out this clause, including individual
evaluations, may not be considered in determining
whether a local educational agency has met its obligations
under clause (i).
(V) Completion period
Such
child find process shall be completed in a time period
comparable to that for other students attending public
schools in the local educational agency.
(iii) Consultation
To
ensure timely and meaningful consultation, a local
educational agency, or where appropriate, a State
educational agency, shall consult with private school
representatives and representatives of parents of
parentally placed private school children with
disabilities during the design and development of
special education and related services for the
children, including regarding--
(I)
the child find process and how parentally placed
private school children suspected of having a
disability can participate equitably, including how
parents, teachers, and private school officials will
be informed of the process;
(II) the determination of the proportionate amount
of Federal funds available to serve parentally placed
private school children with disabilities under this subparagraph,
including the determination of how the amount was
calculated;
(III)
the consultation process among the local educational
agency, private school officials, and representatives
of parents of parentally placed private school
children with disabilities, including how such process
will operate throughout the school year to ensure that
parentally placed private school children with
disabilities identified through the child find process
can meaningfully participate in special education and
related services;
(IV)
how, where, and by whom special education and related
services will be provided for parentally placed
private school children with disabilities, including a
discussion of types of services, including direct
services and alternate service delivery mechanisms,
how such services will be apportioned if funds are
insufficient to serve all children, and how and when
these decisions will be made; and
(V) how, if the local educational agency disagrees
with the views of the private school officials on the provision of services or
the types of services, whether provided directly or
through a contract, the local educational agency shall
provide to the private school officials a written
explanation of the reasons why the local educational
agency chose not to provide services directly or
through a contract.
(iv) Written affirmation
When
timely and meaningful consultation as required by
clause (iii) has occurred, the local educational
agency shall obtain a written affirmation signed by
the representatives of participating private schools,
and if such representatives do not provide such
affirmation within a reasonable period of time, the
local educational agency shall forward the
documentation of the consultation process to the State
educational agency.
(v) Compliance
(I) In general
A
private school official shall have the right to submit
a complaint to the State educational agency that the
local educational agency did not engage in
consultation that was meaningful and timely, or did
not give due consideration to the views of the private
school official.
(II) Procedure
If
the private school official wishes to submit a
complaint, the official shall provide the basis of the
noncompliance with this subparagraph by the local
educational agency to the State educational agency,
and the local educational agency shall forward the
appropriate documentation to the State educational
agency. If the private school official is dissatisfied
with the decision of the State educational agency,
such official may submit a complaint to the Secretary
by providing the basis of the noncompliance with this
subparagraph by the local educational agency to the
Secretary, and the State educational agency shall
forward the appropriate documentation to the
Secretary.
(vi) Provision of equitable services
(I) Directly or through contracts
The
provision of services pursuant to this subparagraph
shall be provided--
(aa)
by employees of a public agency; or
(bb)
through contract by the public agency with an
individual, association, agency, organization, or
other entity.
(II) Secular, neutral, nonideological
Special
education and related services provided to parentally
placed private school children with disabilities,
including materials and equipment, shall be secular,
neutral, and nonideological.
(vii) Public control of funds
The
control of funds used to provide special education and
related services under this subparagraph, and title to
materials, equipment, and property purchased with
those funds, shall be in a public agency for the uses
and purposes provided in this chapter, and a public
agency shall administer the funds and property.
(B)
Children placed in, or referred to, private schools by
public agencies
(i) In general
Children
with disabilities in private schools and facilities
are provided special education and related services,
in accordance with an individualized education
program, at no cost to their parents, if such children
are placed in, or referred to, such schools or
facilities by the State or appropriate local
educational agency as the means of carrying out the
requirements of this subchapter or any other
applicable law requiring the provision of special
education and related services to all children with
disabilities within such State.
(ii) Standards
In
all cases described in clause (i), the State
educational agency shall determine whether such
schools and facilities meet standards that apply to
State educational agencies and local educational
agencies and that children so served have all the
rights the children would have if served by such
agencies.
(C)
Payment for education of children enrolled in private
schools without consent of or referral by the public
agency
(i) In general
Subject
to subparagraph (A), this subchapter does not require
a local educational agency to pay for the cost of
education, including special education and related
services, of a child with a disability at a private
school or facility if that agency made a free
appropriate public education available to the child
and the parents elected to place the child in such
private school or facility.
(ii) Reimbursement for private school placement
If
the parents of a child with a disability, who
previously received special education and related
services under the authority of a public agency,
enroll the child in a private elementary school or
secondary school without the consent of or referral by
the public agency, a court or a hearing officer may
require the agency to reimburse the parents for the
cost of that enrollment if the court or hearing
officer finds that the agency had not made a free
appropriate public education available to the child in
a timely manner prior to that enrollment.
(iii) Limitation on reimbursement
The
cost of reimbursement described in clause (ii) may be
reduced or denied--
(I)
if--
(aa)
at the most recent IEP meeting that the parents
attended prior to removal of the child from the public
school, the parents did not inform the IEP Team that
they were rejecting the placement proposed by the
public agency to provide a free appropriate public
education to their child, including stating their
concerns and their intent to enroll their child in a
private school at public expense; or
(bb)
10 business days (including any holidays that occur on
a business day) prior to the removal of the child from
the public school, the parents did not give written
notice to the public agency of the information
described in item (aa);
(II)
if, prior to the parents' removal of the child from
the public school, the public agency informed the
parents, through the notice requirements described in section
1415(b)(3) of this title, of its intent to
evaluate the child (including a statement of the
purpose of the evaluation that was appropriate and
reasonable), but the parents did not make the child
available for such evaluation; or
(III)
upon a judicial finding of unreasonableness with
respect to actions taken by the parents.
(iv) Exception
Notwithstanding
the notice requirement in clause (iii)(I), the cost of
reimbursement--
(I)
shall not be reduced or denied for failure to provide
such notice if--
(aa)
the school prevented the parent from providing such
notice;
(bb)
the parents had not received notice, pursuant to section
1415 of this title, of the notice
requirement in clause (iii)(I); or
(cc)
compliance with clause (iii)(I) would likely result in
physical harm to the child; and
(II)
may, in the discretion of a court or a hearing
officer, not be reduced or denied for failure to
provide such notice if--
(aa)
the parent is illiterate or cannot write in English;
or
(bb) compliance with clause (iii)(I) would
likely result in serious emotional harm to the child.
(11)
State educational agency responsible for general
supervision
(A) In general
The
State educational agency is responsible for ensuring
that--
(i)
the requirements of this subchapter are met;
(ii)
all educational programs for children with
disabilities in the State, including all such programs
administered by any other State agency or local
agency--
(I) are under the general supervision of individuals in the
State who are responsible for educational programs for
children with disabilities; and
(II)
meet the educational standards of the State
educational agency; and
(iii)
in carrying out this subchapter with respect to
homeless children, the requirements of subtitle B of
title VII of the McKinney-Vento Homeless Assistance
Act (42
U.S.C. 11431 et seq.) are met.
(B) Limitation
Subparagraph
(A) shall not limit the responsibility of agencies in
the State other than the State educational agency to
provide, or pay for some or all of the
costs of, a free appropriate public education for any
child with a disability in the State.
(C) Exception
Notwithstanding
subparagraphs (A) and (B), the Governor (or another
individual pursuant to State law), consistent with
State law, may assign to any public agency in the
State the responsibility of ensuring that the
requirements of this subchapter are met with respect
to children with disabilities who are convicted as
adults under State law and incarcerated in adult
prisons.
(12)
Obligations related to and methods of ensuring
services
(A) Establishing responsibility for services
The
Chief Executive Officer of a State or designee of the
officer shall ensure that an interagency agreement or
other mechanism for interagency coordination is in
effect between each public agency described in
subparagraph (B) and the State educational agency, in
order to ensure that all services described in subparagraph
(B)(i) that are needed to ensure a free appropriate
public education are provided, including the provision
of such services during the pendency of any dispute
under clause (iii). Such agreement or mechanism shall
include the following:
(i) Agency financial responsibility
An
identification of, or a method for defining, the
financial responsibility of each agency for providing
services described in subparagraph (B)(i) to ensure a
free appropriate public education to children with
disabilities, provided that the financial
responsibility of each public agency described in
subparagraph (B), including the State medicaid agency
and other public insurers of children with
disabilities, shall precede the financial
responsibility of the local educational agency (or the
State agency responsible for developing the child's
IEP).
(ii) Conditions and terms of reimbursement
The
conditions, terms, and procedures under which a local
educational agency shall be reimbursed by other
agencies.
(iii) Interagency disputes
Procedures
for resolving interagency disputes (including
procedures under which local educational agencies may
initiate proceedings) under the agreement or other
mechanism to secure reimbursement from other agencies
or otherwise implement the provisions of the agreement
or mechanism.
(iv) Coordination of services procedures
Policies
and procedures for agencies to determine and identify
the interagency coordination responsibilities of each
agency to promote the coordination and timely and
appropriate delivery of services described in
subparagraph (B)(i).
(B) Obligation of public agency
(i) In general
If
any public agency other than an educational agency is
otherwise obligated under Federal
or State law, or assigned responsibility under State
policy pursuant to subparagraph (A), to provide or pay
for any services that are also considered special
education or related services (such as, but not
limited to, services described in section
1401(1) of this title relating to assistive
technology devices, 1401(2) of this title relating to
assistive technology services, 1401(26) of this title
relating to related services, 1401(33) of this title
relating to supplementary aids and services, and
1401(34) of this title relating to transition
services) that are necessary for ensuring a free
appropriate public education to children with
disabilities within the State, such public agency
shall fulfill that obligation or responsibility,
either directly or through contract or other
arrangement pursuant to subparagraph (A) or an
agreement pursuant to subparagraph (C).
(ii) Reimbursement for services by public
agency
If
a public agency other than an educational agency fails
to provide or pay for the special education and
related services described in clause (i), the local
educational agency (or State agency responsible for
developing the child's IEP) shall provide or pay for
such services to the child. Such local educational
agency or State agency is authorized to claim
reimbursement for the services from
the public agency that failed to provide or pay for
such services and such public agency shall reimburse
the local educational agency or State agency pursuant
to the terms of the interagency agreement or other
mechanism described in subparagraph (A)(i) according
to the procedures established in such agreement
pursuant to subparagraph (A)(ii).
(C) Special rule
The
requirements of subparagraph (A) may be met through--
(i) State statute or regulation;
(ii) signed agreements between respective
agency officials that clearly identify the
responsibilities of each agency relating to the
provision of services; or
(iii) other appropriate written methods as
determined by the Chief Executive Officer of the State
or designee of the officer and approved by the
Secretary.
(13)
Procedural requirements relating to local
educational agency eligibility
The
State educational agency will not make a final
determination that a local educational agency is not
eligible for assistance under this subchapter without first
affording that agency reasonable notice and an
opportunity for a hearing.
(14)
Personnel qualifications
(A) In general
The
State educational agency has established and maintains
qualifications to ensure that personnel necessary to
carry out this subchapter are appropriately and
adequately prepared and trained, including that those
personnel have the content knowledge and skills to
serve children with disabilities.
(B) Related services personnel and
paraprofessionals
The
qualifications under subparagraph (A) include
qualifications for related services personnel and
paraprofessionals that--
(i) are consistent with any State-approved or
State-recognized certification, licensing,
registration, or other comparable requirements that
apply to the professional discipline in which those
personnel are providing special education or related
services;
(ii)
ensure that related services personnel who deliver
services in their discipline or profession meet the
requirements of clause (i) and have not had
certification or licensure requirements waived on an
emergency, temporary, or provisional basis; and
(iii) allow paraprofessionals and assistants who are
appropriately trained and supervised, in accordance
with State law, regulation, or written policy, in
meeting the requirements of this subchapter to be used
to assist in the provision of special education and
related services under this subchapter to children
with disabilities.
(C) Qualifications for special education
teachers
The
qualifications described in subparagraph (A) shall
ensure that each person employed as a special
education teacher in the State who teaches elementary
school, middle school, or secondary school is highly
qualified by the deadline established in section
6319(a)(2) of this title.
(D) Policy
In
implementing this section, a State shall adopt a
policy that includes a requirement
that local educational agencies in the State take
measurable steps to recruit, hire, train, and retain
highly qualified personnel to provide special
education and related services under this subchapter
to children with disabilities.
(E) Rule of construction
Notwithstanding
any other individual right of action that a parent or
student may maintain under this subchapter, nothing in
this paragraph shall be construed to create a right of
action on behalf of an individual student for the
failure of a particular State educational agency or
local educational agency staff person to be highly
qualified, or to prevent a parent from filing a
complaint about staff qualifications with the State
educational agency as provided for under this
subchapter.
(15) Performance goals and indicators
The
State--
(A) has established goals for the performance of
children with disabilities in the State that--
(i)
promote the purposes of this chapter, as stated in section
1400(d) of this title;
(ii) are the same as the State's definition of
adequate yearly progress, including the State's
objectives for progress by children with disabilities,
under section
6311(b)(2)(C) of this title;
(iii) address graduation rates and dropout rates, as
well as such other factors as the State may determine;
and
(iv) are consistent, to the extent appropriate,
with any other goals and standards for children
established by the State;
(B) has established performance indicators the
State will use to assess progress toward achieving the
goals described in subparagraph (A), including
measurable annual objectives for progress by children
with disabilities under section
6311(b)(2)(C)(v)(II)(cc) of this title; and
(C) will annually report to the Secretary and the
public on the progress of the State, and of children
with disabilities in the State, toward meeting the
goals established under subparagraph (A), which may
include elements of the reports required under section
6311(h) of this title.
(16)
Participation in assessments
(A) In general
All
children with disabilities are included in all general
State and districtwide assessment programs, including
assessments described under section
6311 of this title, with appropriate
accommodations and alternate assessments where
necessary and as indicated in their respective
individualized education programs.
(B) Accommodation guidelines
The
State (or, in the case of a districtwide assessment,
the local educational agency) has developed guidelines
for the provision of appropriate accommodations.
(C) Alternate assessments
(i) In general
The
State (or, in the case of a districtwide assessment,
the local educational agency) has developed and
implemented guidelines for the participation of
children with disabilities in alternate assessments
for those children who cannot participate in regular
assessments under subparagraph (A) with accommodations
as indicated in their respective individualized
education programs.
(ii) Requirements for alternate assessments
The
guidelines under clause (i) shall provide for
alternate assessments that--
(I)
are aligned with the State's challenging academic
content standards and challenging student academic
achievement standards; and
(II) if the State has adopted alternate
academic achievement standards permitted under the
regulations promulgated to carry out section
6311(b)(1) of this title, measure the
achievement of children with disabilities against
those standards.
(iii) Conduct of alternate assessments
The
State conducts the alternate assessments described in
this subparagraph.
(D) Reports
The
State educational agency (or, in the case of a
districtwide assessment, the local educational agency)
makes available to the public, and reports to the
public with the same frequency and in the same detail
as it reports on the assessment of nondisabled
children, the following:
(i) The number of children with disabilities
participating in regular assessments, and the number
of those children who were provided accommodations in
order to participate in those assessments.
(ii) The number of children with disabilities
participating in alternate assessments described in
subparagraph (C)(ii)(I).
(iii) The number of children with disabilities
participating in alternate assessments described in
subparagraph (C)(ii)(II).
(iv) The performance of children with disabilities
on regular assessments and on alternate assessments
(if the number of children with disabilities
participating in those assessments is sufficient to
yield statistically reliable information and reporting
that information will not reveal personally
identifiable information about an individual student),
compared with the achievement of all children,
including children with disabilities, on those assessments.
(E) Universal design
The
State educational agency (or, in the case of a
districtwide assessment, the local educational agency)
shall, to the extent feasible, use universal design
principles in developing and administering any
assessments under this paragraph.
(17)
Supplementation of state, local, and other Federal
funds
(A) Expenditures
Funds
paid to a State under this subchapter will be expended
in accordance with all the provisions of this
subchapter.
(B) Prohibition against commingling
Funds
paid to a State under this subchapter will not be
commingled with State funds.
(C) Prohibition against supplantation and
conditions for waiver by Secretary
Except
as provided in section
1413 of this title, funds paid to a State
under this subchapter will be used to supplement the
level of Federal, State, and local funds (including
funds that are not under the direct control of State
or local educational agencies) expended for special
education and related services provided to children
with disabilities under this subchapter and in no case
to supplant such Federal, State, and local funds,
except that, where the State provides clear and
convincing evidence that all children with
disabilities have available to them a free appropriate
public education, the Secretary may waive, in whole or
in part, the requirements of this subparagraph if the
Secretary concurs with the evidence provided by the
State.
(18)
Maintenance of State financial support
(A)
In general
The
State does not reduce the amount of State financial
support for special education and related services for
children with disabilities, or otherwise made
available because of the excess costs of educating
those children, below the amount of that support for
the preceding fiscal year.
(B)
Reduction of funds for failure to maintain support
The
Secretary shall reduce the allocation of funds under section
1411 of this title for any fiscal year
following the fiscal year in which the State fails to
comply with the requirement of subparagraph (A) by the
same amount by which the State fails to meet the
requirement.
(C)
Waivers for exceptional or uncontrollable
circumstances
The
Secretary may waive the requirement of subparagraph
(A) for a State, for 1 fiscal year at a time, if the
Secretary determines that--
(i) granting a waiver would be equitable due to
exceptional or uncontrollable circumstances such as a
natural disaster or a precipitous and unforeseen
decline in the financial resources of the State; or
(ii) the State meets the standard in paragraph
(17)(C) for a waiver of the requirement
to supplement, and not to supplant, funds received
under this subchapter.
(D) Subsequent years
If,
for any year, a State fails to meet the requirement of
subparagraph (A), including any year for which the
State is granted a waiver under subparagraph (C), the
financial support required of the State in future
years under subparagraph (A) shall be the amount that
would have been required in the absence of that
failure and not the reduced level of the State's
support.
(19)
Public participation
Prior
to the adoption of any policies and procedures needed
to comply with this section (including any amendments
to such policies and procedures), the State ensures
that there are public hearings, adequate notice of the
hearings, and an opportunity for comment available to
the general public, including individuals with
disabilities and parents of children with
disabilities.
(20)
Rule of construction
In
complying with paragraphs (17) and (18), a State may
not use funds paid to it under this subchapter to
satisfy State-law mandated funding obligations to
local educational agencies, including funding based on
student attendance or enrollment, or inflation.
(21)
State advisory panel
(A) In general
The
State has established and maintains an advisory panel
for the purpose of providing policy guidance with
respect to special education and related services for
children with disabilities in the State.
(B) Membership
Such
advisory panel shall consist of members appointed by
the Governor, or any other official authorized under
State law to make such appointments, be representative
of the State population, and be composed of
individuals involved in, or
concerned with, the education of children with
disabilities, including--
(i) parents of children with disabilities (ages
birth through 26);
(ii) individuals with disabilities;
(iii) teachers;
(iv) representatives of institutions of higher
education that prepare special education and related
services personnel;
(v) State and local education officials, including
officials who carry out activities under subtitle B of
title VII of the McKinney-Vento Homeless Assistance
Act (42
U.S.C. 11431 et seq.);
(vi) administrators of programs for children with
disabilities;
(vii) representatives of other State agencies
involved in the financing or delivery of related
services to children with disabilities;
(viii) representatives of private schools and
public charter schools;
(ix) not less than 1 representative of a
vocational, community, or business organization
concerned with the provision of transition services to
children with disabilities;
(x) a representative from the State child welfare
agency responsible for foster care; and
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