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(B) REVIEW OF ACTION- If a State educational agency is dissatisfied with the Secretary's final action after a proceeding under subparagraph (A), such agency may, not later than 60 days after notice of such action, file with the United States court of appeals for the circuit in which such State is located a petition for review of that action.
A copy of the petition shall be forthwith transmitted by the clerk of the court to the Secretary. | https://docs-lawep.s3.us-east-2.amazonaws.com/1696756508821.pdf | https://www.un.org/development/desa/disabilities/wp-content/uploads/sites/15/2019/11/United-States_Individuals-with-Disabilities-Education-Act.pdf |
The Secretary thereupon shall file in the court the record of the INDIVIDUALS WITH DISABILITIES EDUCATION ACT PAGE 42 proceedings on which the Secretary based the Secretary's action, as provided in section 2112 of title 28, United States Code. | https://docs-lawep.s3.us-east-2.amazonaws.com/1696756508821.pdf | https://www.un.org/development/desa/disabilities/wp-content/uploads/sites/15/2019/11/United-States_Individuals-with-Disabilities-Education-Act.pdf |
(C) REVIEW OF FINDINGS OF FACT- The findings of fact by the Secretary, if supported by substantial evidence, shall be conclusive, but the court, for good cause shown, may remand the case to the Secretary to take further evidence, and the Secretary may thereupon make new or modified findings of fact and may modify the Secretary's previous action, and shall file in the court the record of the further proceedings. | https://docs-lawep.s3.us-east-2.amazonaws.com/1696756508821.pdf | https://www.un.org/development/desa/disabilities/wp-content/uploads/sites/15/2019/11/United-States_Individuals-with-Disabilities-Education-Act.pdf |
Such new or modified findings of fact shall likewise be conclusive if supported by substantial evidence.
(D) JURISDICTION OF COURT OF APPEALS; REVIEW BY UNITED STATES SUPREME COURT- Upon the filing of a petition under subparagraph (B), the United States court of appeals shall have jurisdiction to affirm the action of the Secretary or to set it aside, in whole or in part. | https://docs-lawep.s3.us-east-2.amazonaws.com/1696756508821.pdf | https://www.un.org/development/desa/disabilities/wp-content/uploads/sites/15/2019/11/United-States_Individuals-with-Disabilities-Education-Act.pdf |
The judgment of the court shall be subject to review by the Supreme Court of the United States upon certiorari or certification as provided in section 1254 of title 28, United States Code.
SEC.
613.
LOCAL EDUCATIONAL AGENCY ELIGIBILITY. | https://docs-lawep.s3.us-east-2.amazonaws.com/1696756508821.pdf | https://www.un.org/development/desa/disabilities/wp-content/uploads/sites/15/2019/11/United-States_Individuals-with-Disabilities-Education-Act.pdf |
(a) IN GENERAL- A local educational agency is eligible for assistance under this part for a fiscal year if such agency demonstrates to the satisfaction of the State educational agency that it meets each of the following conditions: (1) CONSISTENCY WITH STATE POLICIES- The local educational agency, in providing for the education of children with disabilities within its jurisdiction, has in effect policies, procedures, and programs that are consistent with the State policies and procedures established under section 612. | https://docs-lawep.s3.us-east-2.amazonaws.com/1696756508821.pdf | https://www.un.org/development/desa/disabilities/wp-content/uploads/sites/15/2019/11/United-States_Individuals-with-Disabilities-Education-Act.pdf |
(2) USE OF AMOUNTS- (A) IN GENERAL- Amounts provided to the local educational agency under this part shall be expended in accordance with the applicable provisions of this part and -- (i) shall be used only to pay the excess costs of providing special education and related services to children with disabilities; (ii) shall be used to supplement State, local, and other Federal funds and not to supplant such funds; and (iii) shall not be used, except as provided in subparagraphs (B) and (C), to reduce the level of expenditures for the education of children with disabilities made by the local educational agency from local funds below the level of those expenditures for the preceding fiscal year. | https://docs-lawep.s3.us-east-2.amazonaws.com/1696756508821.pdf | https://www.un.org/development/desa/disabilities/wp-content/uploads/sites/15/2019/11/United-States_Individuals-with-Disabilities-Education-Act.pdf |
(B) EXCEPTION- Notwithstanding the restriction in subparagraph (A)(iii), a local educational agency may reduce the level of expenditures where such reduction is attributable to -- INDIVIDUALS WITH DISABILITIES EDUCATION ACT PAGE 43 (i) the voluntary departure, by retirement or otherwise, or departure for just cause, of special education personnel; (ii) a decrease in the enrollment of children with disabilities; (iii) the termination of the obligation of the agency, consistent with this part, to provide a program of special education to a particular child with a disability that is an exceptionally costly program, as determined by the State educational agency, because the child -- (I) has left the jurisdiction of the agency; (II) has reached the age at which the obligation of the agency to provide a free appropriate public education to the child has terminated; or (III) no longer needs such program of special education; or (iv) the termination of costly expenditures for long-term purchases, such as the acquisition of equipment or the construction of school facilities. | https://docs-lawep.s3.us-east-2.amazonaws.com/1696756508821.pdf | https://www.un.org/development/desa/disabilities/wp-content/uploads/sites/15/2019/11/United-States_Individuals-with-Disabilities-Education-Act.pdf |
(C) TREATMENT OF FEDERAL FUNDS IN CERTAIN FISCAL YEARS- (i) Notwithstanding clauses (ii) and (iii) of subparagraph (A), for any fiscal year for which amounts appropriated to carry out section 611 exceeds $4,100,000,000, a local educational agency may treat as local funds, for the purpose of such clauses, up to 20 percent of the amount of funds it receives under this part that exceeds the amount it received under this part for the previous fiscal year. | https://docs-lawep.s3.us-east-2.amazonaws.com/1696756508821.pdf | https://www.un.org/development/desa/disabilities/wp-content/uploads/sites/15/2019/11/United-States_Individuals-with-Disabilities-Education-Act.pdf |
(ii) Notwithstanding clause (i), if a State educational agency determines that a local educational agency is not meeting the requirements of this part, the State educational agency may prohibit the local educational agency from treating funds received under this part as local funds under clause (i) for any fiscal year, only if it is authorized to do so by the State constitution or a State statute. | https://docs-lawep.s3.us-east-2.amazonaws.com/1696756508821.pdf | https://www.un.org/development/desa/disabilities/wp-content/uploads/sites/15/2019/11/United-States_Individuals-with-Disabilities-Education-Act.pdf |
(D) SCHOOLWIDE PROGRAMS UNDER TITLE I OF THE ESEA- Notwithstanding subparagraph (A) or any other provision of this part, a local educational agency may use funds received under this part for any fiscal year to carry out a schoolwide program under section 1114 of the Elementary and Secondary Education Act of 1965, except that the amount so used in any such program shall not exceed -- (i) the number of children with disabilities participating in the schoolwide program; multiplied by (ii) (I) the amount received by the local educational agency under this part for that fiscal year; divided by (II) the number of children with disabilities in the jurisdiction of that agency. | https://docs-lawep.s3.us-east-2.amazonaws.com/1696756508821.pdf | https://www.un.org/development/desa/disabilities/wp-content/uploads/sites/15/2019/11/United-States_Individuals-with-Disabilities-Education-Act.pdf |
INDIVIDUALS WITH DISABILITIES EDUCATION ACT PAGE 44 (3) PERSONNEL DEVELOPMENT- The local educational agency -- (A) shall ensure that all personnel necessary to carry out this part are appropriately and adequately prepared, consistent with the requirements of section 653(c)(3)(D); and (B) to the extent such agency determines appropriate, shall contribute to and use the comprehensive system of personnel development of the State established under section 612(a)(14). | https://docs-lawep.s3.us-east-2.amazonaws.com/1696756508821.pdf | https://www.un.org/development/desa/disabilities/wp-content/uploads/sites/15/2019/11/United-States_Individuals-with-Disabilities-Education-Act.pdf |
(4) PERMISSIVE USE OF FUNDS- Notwithstanding paragraph (2)(A) or section 612(a)(18)(B) (relating to commingled funds), funds provided to the local educational agency under this part may be used for the following activities: (A) SERVICES AND AIDS THAT ALSO BENEFIT NONDISABLED CHILDREN- For the costs of special education and related services and supplementary aids and services provided in a regular class or other education-related setting to a child with a disability in accordance with the individualized education program of the child, even if one or more nondisabled children benefit from such services. | https://docs-lawep.s3.us-east-2.amazonaws.com/1696756508821.pdf | https://www.un.org/development/desa/disabilities/wp-content/uploads/sites/15/2019/11/United-States_Individuals-with-Disabilities-Education-Act.pdf |
(B) INTEGRATED AND COORDINATED SERVICES SYSTEM- To develop and implement a fully integrated and coordinated services system in accordance with subsection (f). | https://docs-lawep.s3.us-east-2.amazonaws.com/1696756508821.pdf | https://www.un.org/development/desa/disabilities/wp-content/uploads/sites/15/2019/11/United-States_Individuals-with-Disabilities-Education-Act.pdf |
(5) TREATMENT OF CHARTER SCHOOLS AND THEIR STUDENTS- In carrying out this part with respect to charter schools that are public schools of the local educational agency, the local educational agency -- (A) serves children with disabilities attending those schools in the same manner as it serves children with disabilities in its other schools; and (B) provides funds under this part to those schools in the same manner as it provides those funds to its other schools. | https://docs-lawep.s3.us-east-2.amazonaws.com/1696756508821.pdf | https://www.un.org/development/desa/disabilities/wp-content/uploads/sites/15/2019/11/United-States_Individuals-with-Disabilities-Education-Act.pdf |
(6) INFORMATION FOR STATE EDUCATIONAL AGENCY- The local educational agency shall provide the State educational agency with information necessary to enable the State educational agency to carry out its duties under this part, including, with respect to paragraphs (16) and (17) of section 612(a), information relating to the performance of children with disabilities participating in programs carried out under this part. | https://docs-lawep.s3.us-east-2.amazonaws.com/1696756508821.pdf | https://www.un.org/development/desa/disabilities/wp-content/uploads/sites/15/2019/11/United-States_Individuals-with-Disabilities-Education-Act.pdf |
(7) PUBLIC INFORMATION- The local educational agency shall make available to parents of children with disabilities and to the general public all documents relating to the eligibility of such agency under this part. | https://docs-lawep.s3.us-east-2.amazonaws.com/1696756508821.pdf | https://www.un.org/development/desa/disabilities/wp-content/uploads/sites/15/2019/11/United-States_Individuals-with-Disabilities-Education-Act.pdf |
(b) EXCEPTION FOR PRIOR LOCAL PLANS- (1) IN GENERAL- If a local educational agency or State agency has on file with the State educational agency policies and procedures that demonstrate that such local educational agency, or such State agency, as the case may be, meets any requirement of subsection (a), including any policies and procedures filed INDIVIDUALS WITH DISABILITIES EDUCATION ACT PAGE 45 under this part as in effect before the effective date of the Individuals with Disabilities Education Act Amendments of 1997, the State educational agency shall consider such local educational agency or State agency, as the case may be, to have met such requirement for purposes of receiving assistance under this part. | https://docs-lawep.s3.us-east-2.amazonaws.com/1696756508821.pdf | https://www.un.org/development/desa/disabilities/wp-content/uploads/sites/15/2019/11/United-States_Individuals-with-Disabilities-Education-Act.pdf |
(2) MODIFICATION MADE BY LOCAL EDUCATIONAL AGENCY- Subject to paragraph (3), an application submitted by a local educational agency in accordance with this section shall remain in effect until it submits to the State educational agency such modifications as the local educational agency deems necessary. | https://docs-lawep.s3.us-east-2.amazonaws.com/1696756508821.pdf | https://www.un.org/development/desa/disabilities/wp-content/uploads/sites/15/2019/11/United-States_Individuals-with-Disabilities-Education-Act.pdf |
(3) MODIFICATIONS REQUIRED BY STATE EDUCATIONAL AGENCY- If, after the effective date of the Individuals with Disabilities Education Act Amendments of 1997, the provisions of this Act are amended (or the regulations developed to carry out this Act are amended), or there is a new interpretation of this Act by Federal or State courts, or there is an official finding of noncompliance with Federal or State law or regulations, the State educational agency may require a local educational agency to modify its application only to the extent necessary to ensure the local educational agency's compliance with this part or State law. | https://docs-lawep.s3.us-east-2.amazonaws.com/1696756508821.pdf | https://www.un.org/development/desa/disabilities/wp-content/uploads/sites/15/2019/11/United-States_Individuals-with-Disabilities-Education-Act.pdf |
(c) NOTIFICATION OF LOCAL EDUCATIONAL AGENCY OR STATE AGENCY IN CASE OF INELIGIBILITY- If the State educational agency determines that a local educational agency or State agency is not eligible under this section, the State educational agency shall notify the local educational agency or State agency, as the case may be, of that determination and shall provide such local educational agency or State agency with reasonable notice and an opportunity for a hearing. | https://docs-lawep.s3.us-east-2.amazonaws.com/1696756508821.pdf | https://www.un.org/development/desa/disabilities/wp-content/uploads/sites/15/2019/11/United-States_Individuals-with-Disabilities-Education-Act.pdf |
(d) LOCAL EDUCATIONAL AGENCY COMPLIANCE- (1) IN GENERAL- If the State educational agency, after reasonable notice and an opportunity for a hearing, finds that a local educational agency or State agency that has been determined to be eligible under this section is failing to comply with any requirement described in subsection (a), the State educational agency shall reduce or shall not provide any further payments to the local educational agency or State agency until the State educational agency is satisfied that the local educational agency or State agency, as the case may be, is complying with that requirement. | https://docs-lawep.s3.us-east-2.amazonaws.com/1696756508821.pdf | https://www.un.org/development/desa/disabilities/wp-content/uploads/sites/15/2019/11/United-States_Individuals-with-Disabilities-Education-Act.pdf |
(2) ADDITIONAL REQUIREMENT- Any State agency or local educational agency in receipt of a notice described in paragraph (1) shall, by means of public notice, take such measures as may be necessary to bring the pendency of an action pursuant to this subsection to the attention of the public within the jurisdiction of such agency. | https://docs-lawep.s3.us-east-2.amazonaws.com/1696756508821.pdf | https://www.un.org/development/desa/disabilities/wp-content/uploads/sites/15/2019/11/United-States_Individuals-with-Disabilities-Education-Act.pdf |
(3) CONSIDERATION- In carrying out its responsibilities under paragraph (1), the State educational agency shall consider any decision made in a hearing held under section 615 that is adverse to the local educational agency or State agency involved in that decision. | https://docs-lawep.s3.us-east-2.amazonaws.com/1696756508821.pdf | https://www.un.org/development/desa/disabilities/wp-content/uploads/sites/15/2019/11/United-States_Individuals-with-Disabilities-Education-Act.pdf |
(e) JOINT ESTABLISHMENT OF ELIGIBILITY- (1) JOINT ESTABLISHMENT- INDIVIDUALS WITH DISABILITIES EDUCATION ACT PAGE 46 (A) IN GENERAL- A State educational agency may require a local educational agency to establish its eligibility jointly with another local educational agency if the State educational agency determines that the local educational agency would be ineligible under this section because the local educational agency would not be able to establish and maintain programs of sufficient size and scope to effectively meet the needs of children with disabilities. | https://docs-lawep.s3.us-east-2.amazonaws.com/1696756508821.pdf | https://www.un.org/development/desa/disabilities/wp-content/uploads/sites/15/2019/11/United-States_Individuals-with-Disabilities-Education-Act.pdf |
(B) CHARTER SCHOOL EXCEPTION- A State educational agency may not require a charter school that is a local educational agency to jointly establish its eligibility under subparagraph (A) unless it is explicitly permitted to do so under the State's charter school statute. | https://docs-lawep.s3.us-east-2.amazonaws.com/1696756508821.pdf | https://www.un.org/development/desa/disabilities/wp-content/uploads/sites/15/2019/11/United-States_Individuals-with-Disabilities-Education-Act.pdf |
(2) AMOUNT OF PAYMENTS- If a State educational agency requires the joint establishment of eligibility under paragraph (1), the total amount of funds made available to the affected local educational agencies shall be equal to the sum of the payments that each such local educational agency would have received under section 611(g) if such agencies were eligible for such payments. | https://docs-lawep.s3.us-east-2.amazonaws.com/1696756508821.pdf | https://www.un.org/development/desa/disabilities/wp-content/uploads/sites/15/2019/11/United-States_Individuals-with-Disabilities-Education-Act.pdf |
(3) REQUIREMENTS- Local educational agencies that establish joint eligibility under this subsection shall -- (A) adopt policies and procedures that are consistent with the State's policies and procedures under section 612(a); and (B) be jointly responsible for implementing programs that receive assistance under this part. | https://docs-lawep.s3.us-east-2.amazonaws.com/1696756508821.pdf | https://www.un.org/development/desa/disabilities/wp-content/uploads/sites/15/2019/11/United-States_Individuals-with-Disabilities-Education-Act.pdf |
(4) REQUIREMENTS FOR EDUCATIONAL SERVICE AGENCIES- (A) IN GENERAL- If an educational service agency is required by State law to carry out programs under this part, the joint responsibilities given to local educational agencies under this subsection shall -- (i) not apply to the administration and disbursement of any payments received by that educational service agency; and (ii) be carried out only by that educational service agency. | https://docs-lawep.s3.us-east-2.amazonaws.com/1696756508821.pdf | https://www.un.org/development/desa/disabilities/wp-content/uploads/sites/15/2019/11/United-States_Individuals-with-Disabilities-Education-Act.pdf |
(B) ADDITIONAL REQUIREMENT- Notwithstanding any other provision of this subsection, an educational service agency shall provide for the education of children with disabilities in the least restrictive environment, as required by section 612(a)(5). | https://docs-lawep.s3.us-east-2.amazonaws.com/1696756508821.pdf | https://www.un.org/development/desa/disabilities/wp-content/uploads/sites/15/2019/11/United-States_Individuals-with-Disabilities-Education-Act.pdf |
(f) COORDINATED SERVICES SYSTEM- (1) IN GENERAL- A local educational agency may not use more than 5 percent of the amount such agency receives under this part for any fiscal year, in combination with other amounts (which shall include amounts other than education funds), to develop and implement a coordinated services system designed to improve results for children and families, including children with disabilities and their families. | https://docs-lawep.s3.us-east-2.amazonaws.com/1696756508821.pdf | https://www.un.org/development/desa/disabilities/wp-content/uploads/sites/15/2019/11/United-States_Individuals-with-Disabilities-Education-Act.pdf |
INDIVIDUALS WITH DISABILITIES EDUCATION ACT PAGE 47 (2) ACTIVITIES- In implementing a coordinated services system under this subsection, a local educational agency may carry out activities that include -- (A) improving the effectiveness and efficiency of service delivery, including developing strategies that promote accountability for results; (B) service coordination and case management that facilitates the linkage of individualized education programs under this part and individualized family service plans under part C with individualized service plans under multiple Federal and State programs, such as title I of the Rehabilitation Act of 1973 (vocational rehabilitation), title XIX of the Social Security Act (Medicaid), and title XVI of the Social Security Act (supplemental security income); (C) developing and implementing interagency financing strategies for the provision of education, health, mental health, and social services, including transition services and related services under this Act; and (D) interagency personnel development for individuals working on coordinated services. | https://docs-lawep.s3.us-east-2.amazonaws.com/1696756508821.pdf | https://www.un.org/development/desa/disabilities/wp-content/uploads/sites/15/2019/11/United-States_Individuals-with-Disabilities-Education-Act.pdf |
(3) COORDINATION WITH CERTAIN PROJECTS UNDER ELEMENTARY AND SECONDARY EDUCATION ACT OF 1965- If a local educational agency is carrying out a coordinated services project under title XI of the Elementary and Secondary Education Act of 1965 and a coordinated services project under this part in the same schools, such agency shall use amounts under this subsection in accordance with the requirements of that title. | https://docs-lawep.s3.us-east-2.amazonaws.com/1696756508821.pdf | https://www.un.org/development/desa/disabilities/wp-content/uploads/sites/15/2019/11/United-States_Individuals-with-Disabilities-Education-Act.pdf |
(g) SCHOOL-BASED IMPROVEMENT PLAN- (1) IN GENERAL- Each local educational agency may, in accordance with paragraph (2), use funds made available under this part to permit a public school within the jurisdiction of the local educational agency to design, implement, and evaluate a school-based improvement plan that is consistent with the purposes described in section 651(b) and that is designed to improve educational and transitional results for all children with disabilities and, as appropriate, for other children consistent with subparagraphs (A) and (B) of subsection (a)(4) in that public school. | https://docs-lawep.s3.us-east-2.amazonaws.com/1696756508821.pdf | https://www.un.org/development/desa/disabilities/wp-content/uploads/sites/15/2019/11/United-States_Individuals-with-Disabilities-Education-Act.pdf |
(2) AUTHORITY- (A) IN GENERAL- A State educational agency may grant authority to a local educational agency to permit a public school described in paragraph (1) (through a school-based standing panel established under paragraph (4)(B)) to design, implement, and evaluate a school-based improvement plan described in paragraph (1) for a period not to exceed 3 years. | https://docs-lawep.s3.us-east-2.amazonaws.com/1696756508821.pdf | https://www.un.org/development/desa/disabilities/wp-content/uploads/sites/15/2019/11/United-States_Individuals-with-Disabilities-Education-Act.pdf |
(B) RESPONSIBILITY OF LOCAL EDUCATIONAL AGENCY- If a State educational agency grants the authority described in subparagraph (A), a local educational agency that is granted such authority shall have the sole responsibility of oversight of all activities relating to the design, implementation, and evaluation of any school-based improvement plan that a public school is permitted to design under this subsection. | https://docs-lawep.s3.us-east-2.amazonaws.com/1696756508821.pdf | https://www.un.org/development/desa/disabilities/wp-content/uploads/sites/15/2019/11/United-States_Individuals-with-Disabilities-Education-Act.pdf |
INDIVIDUALS WITH DISABILITIES EDUCATION ACT PAGE 48 (3) PLAN REQUIREMENTS- A school-based improvement plan described in paragraph (1) shall -- (A) be designed to be consistent with the purposes described in section 651(b) and to improve educational and transitional results for all children with disabilities and, as appropriate, for other children consistent with subparagraphs (A) and (B) of subsection (a)(4), who attend the school for which the plan is designed and implemented; (B) be designed, evaluated, and, as appropriate, implemented by a school-based standing panel established in accordance with paragraph (4)(B); (C) include goals and measurable indicators to assess the progress of the public school in meeting such goals; and (D) ensure that all children with disabilities receive the services described in the individualized education programs of such children. | https://docs-lawep.s3.us-east-2.amazonaws.com/1696756508821.pdf | https://www.un.org/development/desa/disabilities/wp-content/uploads/sites/15/2019/11/United-States_Individuals-with-Disabilities-Education-Act.pdf |
(4) RESPONSIBILITIES OF THE LOCAL EDUCATIONAL AGENCY- A local educational agency that is granted authority under paragraph (2) to permit a public school to design, implement, and evaluate a school-based improvement plan shall -- (A) select each school under the jurisdiction of such agency that is eligible to design, implement, and evaluate such a plan; (B) require each school selected under subparagraph (A), in accordance with criteria established by such local educational agency under subparagraph (C), to establish a school-based standing panel to carry out the duties described in paragraph (3)(B); (C) establish -- (i) criteria that shall be used by such local educational agency in the selection of an eligible school under subparagraph (A); (ii) criteria that shall be used by a public school selected under subparagraph (A) in the establishment of a school-based standing panel to carry out the duties described in paragraph (3)(B) and that shall ensure that the membership of such panel reflects the diversity of the community in which the public school is located and includes, at a minimum -- (I) parents of children with disabilities who attend such public school, including parents of children with disabilities from unserved and underserved populations, as appropriate; (II) special education and general education teachers of such public school; (III) special education and general education administrators, or the designee of such administrators, of such public school; and INDIVIDUALS WITH DISABILITIES EDUCATION ACT PAGE 49 (IV) related services providers who are responsible for providing services to the children with disabilities who attend such public school; and (iii) criteria that shall be used by such local educational agency with respect to the distribution of funds under this part to carry out this subsection; (D) disseminate the criteria established under subparagraph (C) to local school district personnel and local parent organizations within the jurisdiction of such local educational agency; (E) require a public school that desires to design, implement, and evaluate a school-based improvement plan to submit an application at such time, in such manner, and accompanied by such information as such local educational agency shall reasonably require; and (F) establish procedures for approval by such local educational agency of a school-based improvement plan designed under this subsection. | https://docs-lawep.s3.us-east-2.amazonaws.com/1696756508821.pdf | https://www.un.org/development/desa/disabilities/wp-content/uploads/sites/15/2019/11/United-States_Individuals-with-Disabilities-Education-Act.pdf |
(5) LIMITATION- A school-based improvement plan described in paragraph (1) may be submitted to a local educational agency for approval only if a consensus with respect to any matter relating to the design, implementation, or evaluation of the goals of such plan is reached by the school-based standing panel that designed such plan. | https://docs-lawep.s3.us-east-2.amazonaws.com/1696756508821.pdf | https://www.un.org/development/desa/disabilities/wp-content/uploads/sites/15/2019/11/United-States_Individuals-with-Disabilities-Education-Act.pdf |
(6) ADDITIONAL REQUIREMENTS- (A) PARENTAL INVOLVEMENT- In carrying out the requirements of this subsection, a local educational agency shall ensure that the parents of children with disabilities are involved in the design, evaluation, and, where appropriate, implementation of school-based improvement plans in accordance with this subsection. | https://docs-lawep.s3.us-east-2.amazonaws.com/1696756508821.pdf | https://www.un.org/development/desa/disabilities/wp-content/uploads/sites/15/2019/11/United-States_Individuals-with-Disabilities-Education-Act.pdf |
(B) PLAN APPROVAL- A local educational agency may approve a school-based improvement plan of a public school within the jurisdiction of such agency for a period of 3 years, if -- (i) the approval is consistent with the policies, procedures, and practices established by such local educational agency and in accordance with this subsection; and (ii) a majority of parents of children who are members of the school-based standing panel, and a majority of other members of the school-based standing panel, that designed such plan agree in writing to such plan. | https://docs-lawep.s3.us-east-2.amazonaws.com/1696756508821.pdf | https://www.un.org/development/desa/disabilities/wp-content/uploads/sites/15/2019/11/United-States_Individuals-with-Disabilities-Education-Act.pdf |
(7) EXTENSION OF PLAN- If a public school within the jurisdiction of a local educational agency meets the applicable requirements and criteria described in paragraphs (3) and (4) at the expiration of the 3-year approval period described in paragraph (6)(B), such agency may approve a school-based improvement plan of such school for an additional 3-year period. | https://docs-lawep.s3.us-east-2.amazonaws.com/1696756508821.pdf | https://www.un.org/development/desa/disabilities/wp-content/uploads/sites/15/2019/11/United-States_Individuals-with-Disabilities-Education-Act.pdf |
(h) DIRECT SERVICES BY THE STATE EDUCATIONAL AGENCY- INDIVIDUALS WITH DISABILITIES EDUCATION ACT PAGE 50 (1) IN GENERAL- A State educational agency shall use the payments that would otherwise have been available to a local educational agency or to a State agency to provide special education and related services directly to children with disabilities residing in the area served by that local agency, or for whom that State agency is responsible, if the State educational agency determines that the local education agency or State agency, as the case may be -- (A) has not provided the information needed to establish the eligibility of such agency under this section; (B) is unable to establish and maintain programs of free appropriate public education that meet the requirements of subsection (a); (C) is unable or unwilling to be consolidated with one or more local educational agencies in order to establish and maintain such programs; or (D) has one or more children with disabilities who can best be served by a regional or State program or service-delivery system designed to meet the needs of such children. | https://docs-lawep.s3.us-east-2.amazonaws.com/1696756508821.pdf | https://www.un.org/development/desa/disabilities/wp-content/uploads/sites/15/2019/11/United-States_Individuals-with-Disabilities-Education-Act.pdf |
(2) MANNER AND LOCATION OF EDUCATION AND SERVICES- The State educational agency may provide special education and related services under paragraph (1) in such manner and at such locations (including regional or State centers) as the State agency considers appropriate.
Such education and services shall be provided in accordance with this part. | https://docs-lawep.s3.us-east-2.amazonaws.com/1696756508821.pdf | https://www.un.org/development/desa/disabilities/wp-content/uploads/sites/15/2019/11/United-States_Individuals-with-Disabilities-Education-Act.pdf |
(i) STATE AGENCY ELIGIBILITY- Any State agency that desires to receive a subgrant for any fiscal year under section 611(g) shall demonstrate to the satisfaction of the State educational agency that -- (1) all children with disabilities who are participating in programs and projects funded under this part receive a free appropriate public education, and that those children and their parents are provided all the rights and procedural safeguards described in this part; and (2) the agency meets such other conditions of this section as the Secretary determines to be appropriate. | https://docs-lawep.s3.us-east-2.amazonaws.com/1696756508821.pdf | https://www.un.org/development/desa/disabilities/wp-content/uploads/sites/15/2019/11/United-States_Individuals-with-Disabilities-Education-Act.pdf |
(j) DISCIPLINARY INFORMATION- The State may require that a local educational agency include in the records of a child with a disability a statement of any current or previous disciplinary action that has been taken against the child and transmit such statement to the same extent that such disciplinary information is included in, and transmitted with, the student records of nondisabled children. | https://docs-lawep.s3.us-east-2.amazonaws.com/1696756508821.pdf | https://www.un.org/development/desa/disabilities/wp-content/uploads/sites/15/2019/11/United-States_Individuals-with-Disabilities-Education-Act.pdf |
The statement may include a description of any behavior engaged in by the child that required disciplinary action, a description of the disciplinary action taken, and any other information that is relevant to the safety of the child and other individuals involved with the child. | https://docs-lawep.s3.us-east-2.amazonaws.com/1696756508821.pdf | https://www.un.org/development/desa/disabilities/wp-content/uploads/sites/15/2019/11/United-States_Individuals-with-Disabilities-Education-Act.pdf |
If the State adopts such a policy, and the child transfers from one school to another, the transmission of any of the child's records must include both the child's current individualized education program and any such statement of current or previous disciplinary action that has been taken against the child.
SEC.
614.
EVALUATIONS, ELIGIBILITY DETERMINATIONS, INDIVIDUALIZED EDUCATION PROGRAMS, AND EDUCATIONAL PLACEMENTS. | https://docs-lawep.s3.us-east-2.amazonaws.com/1696756508821.pdf | https://www.un.org/development/desa/disabilities/wp-content/uploads/sites/15/2019/11/United-States_Individuals-with-Disabilities-Education-Act.pdf |
INDIVIDUALS WITH DISABILITIES EDUCATION ACT PAGE 51 (a) EVALUATIONS AND REEVALUATIONS- (1) INITIAL EVALUATIONS- (A) IN GENERAL- A State educational agency, other State agency, or local educational agency shall conduct a full and individual initial evaluation, in accordance with this paragraph and subsection (b), before the initial provision of special education and related services to a child with a disability under this part. | https://docs-lawep.s3.us-east-2.amazonaws.com/1696756508821.pdf | https://www.un.org/development/desa/disabilities/wp-content/uploads/sites/15/2019/11/United-States_Individuals-with-Disabilities-Education-Act.pdf |
(B) PROCEDURES- Such initial evaluation shall consist of procedures -- (i) to determine whether a child is a child with a disability (as defined in section 602(3)); and (ii) to determine the educational needs of such child. | https://docs-lawep.s3.us-east-2.amazonaws.com/1696756508821.pdf | https://www.un.org/development/desa/disabilities/wp-content/uploads/sites/15/2019/11/United-States_Individuals-with-Disabilities-Education-Act.pdf |
(C) PARENTAL CONSENT- (i) IN GENERAL- The agency proposing to conduct an initial evaluation to determine if the child qualifies as a child with a disability as defined in section 602(3)(A) or 602(3)(B) shall obtain an informed consent from the parent of such child before the evaluation is conducted.
Parental consent for evaluation shall not be construed as consent for placement for receipt of special education and related services. | https://docs-lawep.s3.us-east-2.amazonaws.com/1696756508821.pdf | https://www.un.org/development/desa/disabilities/wp-content/uploads/sites/15/2019/11/United-States_Individuals-with-Disabilities-Education-Act.pdf |
(ii) REFUSAL- If the parents of such child refuse consent for the evaluation, the agency may continue to pursue an evaluation by utilizing the mediation and due process procedures under section 615, except to the extent inconsistent with State law relating to parental consent. | https://docs-lawep.s3.us-east-2.amazonaws.com/1696756508821.pdf | https://www.un.org/development/desa/disabilities/wp-content/uploads/sites/15/2019/11/United-States_Individuals-with-Disabilities-Education-Act.pdf |
(2) REEVALUATIONS- A local educational agency shall ensure that a reevaluation of each child with a disability is conducted -- (A) if conditions warrant a reevaluation or if the child's parent or teacher requests a reevaluation, but at least once every 3 years; and (B) in accordance with subsections (b) and (c). | https://docs-lawep.s3.us-east-2.amazonaws.com/1696756508821.pdf | https://www.un.org/development/desa/disabilities/wp-content/uploads/sites/15/2019/11/United-States_Individuals-with-Disabilities-Education-Act.pdf |
(b) EVALUATION PROCEDURES- (1) NOTICE- The local educational agency shall provide notice to the parents of a child with a disability, in accordance with subsections (b)(3), (b)(4), and (c) of section 615, that describes any evaluation procedures such agency proposes to conduct. | https://docs-lawep.s3.us-east-2.amazonaws.com/1696756508821.pdf | https://www.un.org/development/desa/disabilities/wp-content/uploads/sites/15/2019/11/United-States_Individuals-with-Disabilities-Education-Act.pdf |
(2) CONDUCT OF EVALUATION- In conducting the evaluation, the local educational agency shall -- (A) use a variety of assessment tools and strategies to gather relevant functional and developmental information, including information provided by the parent, that may assist in determining whether the child is a child with a disability and the content of the child's individualized education program, INDIVIDUALS WITH DISABILITIES EDUCATION ACT PAGE 52 including information related to enabling the child to be involved in and progress in the general curriculum or, for preschool children, to participate in appropriate activities; (B) not use any single procedure as the sole criterion for determining whether a child is a child with a disability or determining an appropriate educational program for the child; and (C) use technically sound instruments that may assess the relative contribution of cognitive and behavioral factors, in addition to physical or developmental factors. | https://docs-lawep.s3.us-east-2.amazonaws.com/1696756508821.pdf | https://www.un.org/development/desa/disabilities/wp-content/uploads/sites/15/2019/11/United-States_Individuals-with-Disabilities-Education-Act.pdf |
(3) ADDITIONAL REQUIREMENTS- Each local educational agency shall ensure that -- (A) tests and other evaluation materials used to assess a child under this section -- (i) are selected and administered so as not to be discriminatory on a racial or cultural basis; and (ii) are provided and administered in the child's native language or other mode of communication, unless it is clearly not feasible to do so; and (B) any standardized tests that are given to the child -- (i) have been validated for the specific purpose for which they are used; (ii) are administered by trained and knowledgeable personnel; and (iii) are administered in accordance with any instructions provided by the producer of such tests; (C) the child is assessed in all areas of suspected disability; and (D) assessment tools and strategies that provide relevant information that directly assists persons in determining the educational needs of the child are provided. | https://docs-lawep.s3.us-east-2.amazonaws.com/1696756508821.pdf | https://www.un.org/development/desa/disabilities/wp-content/uploads/sites/15/2019/11/United-States_Individuals-with-Disabilities-Education-Act.pdf |
(4) DETERMINATION OF ELIGIBILITY- Upon completion of administration of tests and other evaluation materials -- (A) the determination of whether the child is a child with a disability as defined in section 602(3) shall be made by a team of qualified professionals and the parent of the child in accordance with paragraph (5); and (B) a copy of the evaluation report and the documentation of determination of eligibility will be given to the parent. | https://docs-lawep.s3.us-east-2.amazonaws.com/1696756508821.pdf | https://www.un.org/development/desa/disabilities/wp-content/uploads/sites/15/2019/11/United-States_Individuals-with-Disabilities-Education-Act.pdf |
(5) SPECIAL RULE FOR ELIGIBILITY DETERMINATION- In making a determination of eligibility under paragraph (4)(A), a child shall not be determined to be a child with a disability if the determinant factor for such determination is lack of instruction in reading or math or limited English proficiency. | https://docs-lawep.s3.us-east-2.amazonaws.com/1696756508821.pdf | https://www.un.org/development/desa/disabilities/wp-content/uploads/sites/15/2019/11/United-States_Individuals-with-Disabilities-Education-Act.pdf |
(c) ADDITIONAL REQUIREMENTS FOR EVALUATION AND REEVALUATIONS- INDIVIDUALS WITH DISABILITIES EDUCATION ACT PAGE 53 (1) REVIEW OF EXISTING EVALUATION DATA- As part of an initial evaluation (if appropriate) and as part of any reevaluation under this section, the IEP Team described in subsection (d)(1)(B) and other qualified professionals, as appropriate, shall -- (A) review existing evaluation data on the child, including evaluations and information provided by the parents of the child, current classroom-based assessments and observations, and teacher and related services providers observation; and (B) on the basis of that review, and input from the child's parents, identify what additional data, if any, are needed to determine -- (i) whether the child has a particular category of disability, as described in section 602(3), or, in case of a reevaluation of a child, whether the child continues to have such a disability; (ii) the present levels of performance and educational needs of the child; (iii) whether the child needs special education and related services, or in the case of a reevaluation of a child, whether the child continues to need special education and related services; and (iv) whether any additions or modifications to the special education and related services are needed to enable the child to meet the measurable annual goals set out in the individualized education program of the child and to participate, as appropriate, in the general curriculum. | https://docs-lawep.s3.us-east-2.amazonaws.com/1696756508821.pdf | https://www.un.org/development/desa/disabilities/wp-content/uploads/sites/15/2019/11/United-States_Individuals-with-Disabilities-Education-Act.pdf |
(2) SOURCE OF DATA- The local educational agency shall administer such tests and other evaluation materials as may be needed to produce the data identified by the IEP Team under paragraph (1)(B). | https://docs-lawep.s3.us-east-2.amazonaws.com/1696756508821.pdf | https://www.un.org/development/desa/disabilities/wp-content/uploads/sites/15/2019/11/United-States_Individuals-with-Disabilities-Education-Act.pdf |
(3) PARENTAL CONSENT- Each local educational agency shall obtain informed parental consent, in accordance with subsection (a)(1)(C), prior to conducting any reevaluation of a child with a disability, except that such informed parent consent need not be obtained if the local educational agency can demonstrate that it had taken reasonable measures to obtain such consent and the child's parent has failed to respond. | https://docs-lawep.s3.us-east-2.amazonaws.com/1696756508821.pdf | https://www.un.org/development/desa/disabilities/wp-content/uploads/sites/15/2019/11/United-States_Individuals-with-Disabilities-Education-Act.pdf |
(4) REQUIREMENTS IF ADDITIONAL DATA ARE NOT NEEDED- If the IEP Team and other qualified professionals, as appropriate, determine that no additional data are needed to determine whether the child continues to be a child with a disability, the local educational agency -- (A) shall notify the child's parents of -- (i) that determination and the reasons for it; and (ii) the right of such parents to request an assessment to determine whether the child continues to be a child with a disability; and (B) shall not be required to conduct such an assessment unless requested to by the child's parents. | https://docs-lawep.s3.us-east-2.amazonaws.com/1696756508821.pdf | https://www.un.org/development/desa/disabilities/wp-content/uploads/sites/15/2019/11/United-States_Individuals-with-Disabilities-Education-Act.pdf |
INDIVIDUALS WITH DISABILITIES EDUCATION ACT PAGE 54 (5) EVALUATIONS BEFORE CHANGE IN ELIGIBILITY- A local educational agency shall evaluate a child with a disability in accordance with this section before determining that the child is no longer a child with a disability. | https://docs-lawep.s3.us-east-2.amazonaws.com/1696756508821.pdf | https://www.un.org/development/desa/disabilities/wp-content/uploads/sites/15/2019/11/United-States_Individuals-with-Disabilities-Education-Act.pdf |
(d) INDIVIDUALIZED EDUCATION PROGRAMS- (1) DEFINITIONS- As used in this title: (A) INDIVIDUALIZED EDUCATION PROGRAM- The term 'individualized education program' or 'IEP' means a written statement for each child with a disability that is developed, reviewed, and revised in accordance with this section and that includes -- (i) a statement of the child's present levels of educational performance, including -- (I) how the child's disability affects the child's involvement and progress in the general curriculum; or (II) for preschool children, as appropriate, how the disability affects the child's participation in appropriate activities; (ii) a statement of measurable annual goals, including benchmarks or short-term objectives, related to -- (I) meeting the child's needs that result from the child's disability to enable the child to be involved in and progress in the general curriculum; and (II) meeting each of the child's other educational needs that result from the child's disability; (iii) a statement of the special education and related services and supplementary aids and services to be provided to the child, or on behalf of the child, and a statement of the program modifications or supports for school personnel that will be provided for the child -- (I) to advance appropriately toward attaining the annual goals; (II) to be involved and progress in the general curriculum in accordance with clause (i) and to participate in extracurricular and other nonacademic activities; and (III) to be educated and participate with other children with disabilities and nondisabled children in the activities described in this paragraph; (iv) an explanation of the extent, if any, to which the child will not participate with nondisabled children in the regular class and in the activities described in clause (iii); (v) (I) a statement of any individual modifications in the administration of State or districtwide assessments of student achievement that are needed in order for the child to participate in such assessment; and INDIVIDUALS | https://docs-lawep.s3.us-east-2.amazonaws.com/1696756508821.pdf | https://www.un.org/development/desa/disabilities/wp-content/uploads/sites/15/2019/11/United-States_Individuals-with-Disabilities-Education-Act.pdf |
participate in such assessment; and INDIVIDUALS WITH DISABILITIES EDUCATION ACT PAGE 55 (II) if the IEP Team determines that the child will not participate in a particular State or districtwide assessment of student achievement (or part of such an assessment), a statement of -- (aa) why that assessment is not appropriate for the child; and (bb) how the child will be assessed; (vi) the projected date for the beginning of the services and modifications described in clause (iii), and the anticipated frequency, location, and duration of those services and modifications; (vii) (I) beginning at age 14, and updated annually, a statement of the transition service needs of the child under the applicable components of the child's IEP that focuses on the child's courses of study (such as participation in advanced-placement courses or a vocational education program); (II) beginning at age 16 (or younger, if determined appropriate by the IEP Team), a statement of needed transition services for the child, including, when appropriate, a statement of the interagency responsibilities or any needed linkages; and (III) beginning at least one year before the child reaches the age of majority under State law, a statement that the child has been informed of his or her rights under this title, if any, that will transfer to the child on reaching the age of majority under section 615(m); and (viii) a statement of -- (I) how the child's progress toward the annual goals described in clause (ii) will be measured; and (II) how the child's parents will be regularly informed (by such means as periodic report cards), at least as often as parents are informed of their nondisabled children's progress, of -- (aa) their child's progress toward the annual goals described in clause (ii); and (bb) the extent to which that progress is sufficient to enable the child to achieve the goals by the end of the year. | https://docs-lawep.s3.us-east-2.amazonaws.com/1696756508821.pdf | https://www.un.org/development/desa/disabilities/wp-content/uploads/sites/15/2019/11/United-States_Individuals-with-Disabilities-Education-Act.pdf |
(B) INDIVIDUALIZED EDUCATION PROGRAM TEAM- The term 'individualized education program team' or 'IEP Team' means a group of individuals composed of -- (i) the parents of a child with a disability; (ii) at least one regular education teacher of such child (if the child is, or may be, participating in the regular education environment); INDIVIDUALS WITH DISABILITIES EDUCATION ACT PAGE 56 (iii) at least one special education teacher, or where appropriate, at least one special education provider of such child; (iv) a representative of the local educational agency who -- (I) is qualified to provide, or supervise the provision of, specially designed instruction to meet the unique needs of children with disabilities; (II) is knowledgeable about the general curriculum; and (III) is knowledgeable about the availability of resources of the local educational agency; (v) an individual who can interpret the instructional implications of evaluation results, who may be a member of the team described in clauses (ii) through (vi); (vi) at the discretion of the parent or the agency, other individuals who have knowledge or special expertise regarding the child, including related services personnel as appropriate; and (vii) whenever appropriate, the child with a disability. | https://docs-lawep.s3.us-east-2.amazonaws.com/1696756508821.pdf | https://www.un.org/development/desa/disabilities/wp-content/uploads/sites/15/2019/11/United-States_Individuals-with-Disabilities-Education-Act.pdf |
(2) REQUIREMENT THAT PROGRAM BE IN EFFECT- (A) IN GENERAL- At the beginning of each school year, each local educational agency, State educational agency, or other State agency, as the case may be, shall have in effect, for each child with a disability in its jurisdiction, an individualized education program, as defined in paragraph (1)(A). | https://docs-lawep.s3.us-east-2.amazonaws.com/1696756508821.pdf | https://www.un.org/development/desa/disabilities/wp-content/uploads/sites/15/2019/11/United-States_Individuals-with-Disabilities-Education-Act.pdf |
(B) PROGRAM FOR CHILD AGED 3 THROUGH 5- In the case of a child with a disability aged 3 through 5 (or, at the discretion of the State educational agency, a 2 year-old child with a disability who will turn age 3 during the school year), an individualized family service plan that contains the material described in section 636, and that is developed in accordance with this section, may serve as the IEP of the child if using that plan as the IEP is -- (i) consistent with State policy; and (ii) agreed to by the agency and the child's parents. | https://docs-lawep.s3.us-east-2.amazonaws.com/1696756508821.pdf | https://www.un.org/development/desa/disabilities/wp-content/uploads/sites/15/2019/11/United-States_Individuals-with-Disabilities-Education-Act.pdf |
(3) DEVELOPMENT OF IEP- (A) IN GENERAL- In developing each child's IEP, the IEP Team, subject to subparagraph (C), shall consider -- (i) the strengths of the child and the concerns of the parents for enhancing the education of their child; and (ii) the results of the initial evaluation or most recent evaluation of the child. | https://docs-lawep.s3.us-east-2.amazonaws.com/1696756508821.pdf | https://www.un.org/development/desa/disabilities/wp-content/uploads/sites/15/2019/11/United-States_Individuals-with-Disabilities-Education-Act.pdf |
INDIVIDUALS WITH DISABILITIES EDUCATION ACT PAGE 57 (B) CONSIDERATION OF SPECIAL FACTORS- The IEP Team shall -- (i) in the case of a child whose behavior impedes his or her learning or that of others, consider, when appropriate, strategies, including positive behavioral interventions, strategies, and supports to address that behavior; (ii) in the case of a child with limited English proficiency, consider the language needs of the child as such needs relate to the child's IEP; (iii) in the case of a child who is blind or visually impaired, provide for instruction in Braille and the use of Braille unless the IEP Team determines, after an evaluation of the child's reading and writing skills, needs, and appropriate reading and writing media (including an evaluation of the child's future needs for instruction in Braille or the use of Braille), that instruction in Braille or the use of Braille is not appropriate for the child; (iv) consider the communication needs of the child, and in the case of a child who is deaf or hard of hearing, consider the child's language and communication needs, opportunities for direct communications with peers and professional personnel in the child's language and communication mode, academic level, and full range of needs, including opportunities for direct instruction in the child's language and communication mode; and (v) consider whether the child requires assistive technology devices and services. | https://docs-lawep.s3.us-east-2.amazonaws.com/1696756508821.pdf | https://www.un.org/development/desa/disabilities/wp-content/uploads/sites/15/2019/11/United-States_Individuals-with-Disabilities-Education-Act.pdf |
(C) REQUIREMENT WITH RESPECT TO REGULAR EDUCATION TEACHER- The regular education teacher of the child, as a member of the IEP Team, shall, to the extent appropriate, participate in the development of the IEP of the child, including the determination of appropriate positive behavioral interventions and strategies and the determination of supplementary aids and services, program modifications, and support for school personnel consistent with paragraph (1)(A)(iii). | https://docs-lawep.s3.us-east-2.amazonaws.com/1696756508821.pdf | https://www.un.org/development/desa/disabilities/wp-content/uploads/sites/15/2019/11/United-States_Individuals-with-Disabilities-Education-Act.pdf |
(4) REVIEW AND REVISION OF IEP- (A) IN GENERAL- The local educational agency shall ensure that, subject to subparagraph (B), the IEP Team -- (i) reviews the child's IEP periodically, but not less than annually to determine whether the annual goals for the child are being achieved; and (ii) revises the IEP as appropriate to address -- (I) any lack of expected progress toward the annual goals and in the general curriculum, where appropriate; (II) the results of any reevaluation conducted under this section; INDIVIDUALS WITH DISABILITIES EDUCATION ACT PAGE 58 (III) information about the child provided to, or by, the parents, as described in subsection (c)(1)(B); (IV) the child's anticipated needs; or (V) other matters. | https://docs-lawep.s3.us-east-2.amazonaws.com/1696756508821.pdf | https://www.un.org/development/desa/disabilities/wp-content/uploads/sites/15/2019/11/United-States_Individuals-with-Disabilities-Education-Act.pdf |
(B) REQUIREMENT WITH RESPECT TO REGULAR EDUCATION TEACHER- The regular education teacher of the child, as a member of the IEP Team, shall, to the extent appropriate, participate in the review and revision of the IEP of the child. | https://docs-lawep.s3.us-east-2.amazonaws.com/1696756508821.pdf | https://www.un.org/development/desa/disabilities/wp-content/uploads/sites/15/2019/11/United-States_Individuals-with-Disabilities-Education-Act.pdf |
(5) FAILURE TO MEET TRANSITION OBJECTIVES- If a participating agency, other than the local educational agency, fails to provide the transition services described in the IEP in accordance with paragraph (1)(A)(vii), the local educational agency shall reconvene the IEP Team to identify alternative strategies to meet the transition objectives for the child set out in that program. | https://docs-lawep.s3.us-east-2.amazonaws.com/1696756508821.pdf | https://www.un.org/development/desa/disabilities/wp-content/uploads/sites/15/2019/11/United-States_Individuals-with-Disabilities-Education-Act.pdf |
(6) CHILDREN WITH DISABILITIES IN ADULT PRISONS- (A) IN GENERAL- The following requirements do not apply to children with disabilities who are convicted as adults under State law and incarcerated in adult prisons: (i) The requirements contained in section 612(a)(17) and paragraph (1)(A)(v) of this subsection (relating to participation of children with disabilities in general assessments). | https://docs-lawep.s3.us-east-2.amazonaws.com/1696756508821.pdf | https://www.un.org/development/desa/disabilities/wp-content/uploads/sites/15/2019/11/United-States_Individuals-with-Disabilities-Education-Act.pdf |
(ii) The requirements of subclauses (I) and (II) of paragraph (1)(A)(vii) of this subsection (relating to transition planning and transition services), do not apply with respect to such children whose eligibility under this part will end, because of their age, before they will be released from prison. | https://docs-lawep.s3.us-east-2.amazonaws.com/1696756508821.pdf | https://www.un.org/development/desa/disabilities/wp-content/uploads/sites/15/2019/11/United-States_Individuals-with-Disabilities-Education-Act.pdf |
(B) ADDITIONAL REQUIREMENT- If a child with a disability is convicted as an adult under State law and incarcerated in an adult prison, the child's IEP Team may modify the child's IEP or placement notwithstanding the requirements of sections 612(a)(5)(A) and 614(d)(1)(A) if the State has demonstrated a bona fide security or compelling penological interest that cannot otherwise be accommodated. | https://docs-lawep.s3.us-east-2.amazonaws.com/1696756508821.pdf | https://www.un.org/development/desa/disabilities/wp-content/uploads/sites/15/2019/11/United-States_Individuals-with-Disabilities-Education-Act.pdf |
(e) CONSTRUCTION- Nothing in this section shall be construed to require the IEP Team to include information under one component of a child's IEP that is already contained under another component of such IEP.
(f) EDUCATIONAL PLACEMENTS- Each local educational agency or State educational agency shall ensure that the parents of each child with a disability are members of any group that makes decisions on the educational placement of their child.
SEC.
615.
PROCEDURAL SAFEGUARDS. | https://docs-lawep.s3.us-east-2.amazonaws.com/1696756508821.pdf | https://www.un.org/development/desa/disabilities/wp-content/uploads/sites/15/2019/11/United-States_Individuals-with-Disabilities-Education-Act.pdf |
SEC.
615.
PROCEDURAL SAFEGUARDS.
INDIVIDUALS WITH DISABILITIES EDUCATION ACT PAGE 59 (a) ESTABLISHMENT OF PROCEDURES- Any State educational agency, State agency, or local educational agency that receives assistance under this part shall establish and maintain procedures in accordance with this section to ensure that children with disabilities and their parents are guaranteed procedural safeguards with respect to the provision of free appropriate public education by such agencies. | https://docs-lawep.s3.us-east-2.amazonaws.com/1696756508821.pdf | https://www.un.org/development/desa/disabilities/wp-content/uploads/sites/15/2019/11/United-States_Individuals-with-Disabilities-Education-Act.pdf |
(b) TYPES OF PROCEDURES- The procedures required by this section shall include -- (1) an opportunity for the parents of a child with a disability to examine all records relating to such child and to participate in meetings with respect to the identification, evaluation, and educational placement of the child, and the provision of a free appropriate public education to such child, and to obtain an independent educational evaluation of the child; (2) procedures to protect the rights of the child whenever the parents of the child are not known, the agency cannot, after reasonable efforts, locate the parents, or the child is a ward of the State, including the assignment of an individual (who shall not be an employee of the State educational agency, the local educational agency, or any other agency that is involved in the education or care of the child) to act as a surrogate for the parents; (3) written prior notice to the parents of the child whenever such agency -- (A) proposes to initiate or change; or (B) refuses to initiate or change; the identification, evaluation, or educational placement of the child, in accordance with subsection (c), or the provision of a free appropriate public education to the child; (4) procedures designed to ensure that the notice required by paragraph (3) is in the native language of the parents, unless it clearly is not feasible to do so; (5) an opportunity for mediation in accordance with subsection (e); (6) an opportunity to present complaints with respect to any matter relating to the identification, evaluation, or educational placement of the child, or the provision of a free appropriate public education to such child; (7) procedures that require the parent of a child with a disability, or the attorney representing the child, to provide notice (which shall remain confidential) -- (A) to the State educational agency or local educational agency, as the case may be, in the complaint filed under paragraph (6); and (B) that shall include -- (i) the name of the child, the address of the | https://docs-lawep.s3.us-east-2.amazonaws.com/1696756508821.pdf | https://www.un.org/development/desa/disabilities/wp-content/uploads/sites/15/2019/11/United-States_Individuals-with-Disabilities-Education-Act.pdf |
-- (i) the name of the child, the address of the residence of the child, and the name of the school the child is attending; INDIVIDUALS WITH DISABILITIES EDUCATION ACT PAGE 60 (ii) a description of the nature of the problem of the child relating to such proposed initiation or change, including facts relating to such problem; and (iii) a proposed resolution of the problem to the extent known and available to the parents at the time; and (8) procedures that require the State educational agency to develop a model form to assist parents in filing a complaint in accordance with paragraph (7). | https://docs-lawep.s3.us-east-2.amazonaws.com/1696756508821.pdf | https://www.un.org/development/desa/disabilities/wp-content/uploads/sites/15/2019/11/United-States_Individuals-with-Disabilities-Education-Act.pdf |
(c) CONTENT OF PRIOR WRITTEN NOTICE- The notice required by subsection (b)(3) shall include -- (1) a description of the action proposed or refused by the agency; (2) an explanation of why the agency proposes or refuses to take the action; (3) a description of any other options that the agency considered and the reasons why those options were rejected; (4) a description of each evaluation procedure, test, record, or report the agency used as a basis for the proposed or refused action; (5) a description of any other factors that are relevant to the agency's proposal or refusal; (6) a statement that the parents of a child with a disability have protection under the procedural safeguards of this part and, if this notice is not an initial referral for evaluation, the means by which a copy of a description of the procedural safeguards can be obtained; and (7) sources for parents to contact to obtain assistance in understanding the provisions of this part. | https://docs-lawep.s3.us-east-2.amazonaws.com/1696756508821.pdf | https://www.un.org/development/desa/disabilities/wp-content/uploads/sites/15/2019/11/United-States_Individuals-with-Disabilities-Education-Act.pdf |
(d) PROCEDURAL SAFEGUARDS NOTICE- (1) IN GENERAL- A copy of the procedural safeguards available to the parents of a child with a disability shall be given to the parents, at a minimum -- (A) upon initial referral for evaluation; (B) upon each notification of an individualized education program meeting and upon reevaluation of the child; and (C) upon registration of a complaint under subsection (b)(6). | https://docs-lawep.s3.us-east-2.amazonaws.com/1696756508821.pdf | https://www.un.org/development/desa/disabilities/wp-content/uploads/sites/15/2019/11/United-States_Individuals-with-Disabilities-Education-Act.pdf |
(2) CONTENTS- The procedural safeguards notice shall include a full explanation of the procedural safeguards, written in the native language of the parents, unless it clearly is not feasible to do so, and written in an easily understandable manner, available under this section and under regulations promulgated by the Secretary relating to -- INDIVIDUALS WITH DISABILITIES EDUCATION ACT PAGE 61 (A) independent educational evaluation; (B) prior written notice; (C) parental consent; (D) access to educational records; (E) opportunity to present complaints; (F) the child's placement during pendency of due process proceedings; (G) procedures for students who are subject to placement in an interim alternative educational setting; (H) requirements for unilateral placement by parents of children in private schools at public expense; (I) mediation; (J) due process hearings, including requirements for disclosure of evaluation results and recommendations; (K) State-level appeals (if applicable in that State); (L) civil actions; and (M) attorneys' fees. | https://docs-lawep.s3.us-east-2.amazonaws.com/1696756508821.pdf | https://www.un.org/development/desa/disabilities/wp-content/uploads/sites/15/2019/11/United-States_Individuals-with-Disabilities-Education-Act.pdf |
(e) MEDIATION- (1) IN GENERAL- Any State educational agency or local educational agency that receives assistance under this part shall ensure that procedures are established and implemented to allow parties to disputes involving any matter described in subsection (b)(6) to resolve such disputes through a mediation process which, at a minimum, shall be available whenever a hearing is requested under subsection (f) or (k). | https://docs-lawep.s3.us-east-2.amazonaws.com/1696756508821.pdf | https://www.un.org/development/desa/disabilities/wp-content/uploads/sites/15/2019/11/United-States_Individuals-with-Disabilities-Education-Act.pdf |
(2) REQUIREMENTS- Such procedures shall meet the following requirements: (A) The procedures shall ensure that the mediation process -- (i) is voluntary on the part of the parties; (ii) is not used to deny or delay a parent's right to a due process hearing under subsection (f), or to deny any other rights afforded under this part; and (iii) is conducted by a qualified and impartial mediator who is trained in effective mediation techniques. | https://docs-lawep.s3.us-east-2.amazonaws.com/1696756508821.pdf | https://www.un.org/development/desa/disabilities/wp-content/uploads/sites/15/2019/11/United-States_Individuals-with-Disabilities-Education-Act.pdf |
INDIVIDUALS WITH DISABILITIES EDUCATION ACT PAGE 62 (B) A local educational agency or a State agency may establish procedures to require parents who choose not to use the mediation process to meet, at a time and location convenient to the parents, with a disinterested party who is under contract with -- (i) a parent training and information center or community parent resource center in the State established under section 682 or 683; or (ii) an appropriate alternative dispute resolution entity; to encourage the use, and explain the benefits, of the mediation process to the parents. | https://docs-lawep.s3.us-east-2.amazonaws.com/1696756508821.pdf | https://www.un.org/development/desa/disabilities/wp-content/uploads/sites/15/2019/11/United-States_Individuals-with-Disabilities-Education-Act.pdf |
(C) The State shall maintain a list of individuals who are qualified mediators and knowledgeable in laws and regulations relating to the provision of special education and related services.
(D) The State shall bear the cost of the mediation process, including the costs of meetings described in subparagraph (B).
(E) Each session in the mediation process shall be scheduled in a timely manner and shall be held in a location that is convenient to the parties to the dispute. | https://docs-lawep.s3.us-east-2.amazonaws.com/1696756508821.pdf | https://www.un.org/development/desa/disabilities/wp-content/uploads/sites/15/2019/11/United-States_Individuals-with-Disabilities-Education-Act.pdf |
(F) An agreement reached by the parties to the dispute in the mediation process shall be set forth in a written mediation agreement.
(G) Discussions that occur during the mediation process shall be confidential and may not be used as evidence in any subsequent due process hearings or civil proceedings and the parties to the mediation process may be required to sign a confidentiality pledge prior to the commencement of such process. | https://docs-lawep.s3.us-east-2.amazonaws.com/1696756508821.pdf | https://www.un.org/development/desa/disabilities/wp-content/uploads/sites/15/2019/11/United-States_Individuals-with-Disabilities-Education-Act.pdf |
(f) IMPARTIAL DUE PROCESS HEARING- (1) IN GENERAL- Whenever a complaint has been received under subsection (b)(6) or (k) of this section, the parents involved in such complaint shall have an opportunity for an impartial due process hearing, which shall be conducted by the State educational agency or by the local educational agency, as determined by State law or by the State educational agency. | https://docs-lawep.s3.us-east-2.amazonaws.com/1696756508821.pdf | https://www.un.org/development/desa/disabilities/wp-content/uploads/sites/15/2019/11/United-States_Individuals-with-Disabilities-Education-Act.pdf |
(2) DISCLOSURE OF EVALUATIONS AND RECOMMENDATIONS- (A) IN GENERAL- At least 5 business days prior to a hearing conducted pursuant to paragraph (1), each party shall disclose to all other parties all evaluations completed by that date and recommendations based on the offering party's evaluations that the party intends to use at the hearing. | https://docs-lawep.s3.us-east-2.amazonaws.com/1696756508821.pdf | https://www.un.org/development/desa/disabilities/wp-content/uploads/sites/15/2019/11/United-States_Individuals-with-Disabilities-Education-Act.pdf |
(B) FAILURE TO DISCLOSE- A hearing officer may bar any party that fails to comply with subparagraph (A) from introducing the relevant evaluation or recommendation at the hearing without the consent of the other party.
INDIVIDUALS WITH DISABILITIES EDUCATION ACT PAGE 63 (3) LIMITATION ON CONDUCT OF HEARING- A hearing conducted pursuant to paragraph (1) may not be conducted by an employee of the State educational agency or the local educational agency involved in the education or care of the child. | https://docs-lawep.s3.us-east-2.amazonaws.com/1696756508821.pdf | https://www.un.org/development/desa/disabilities/wp-content/uploads/sites/15/2019/11/United-States_Individuals-with-Disabilities-Education-Act.pdf |
(g) APPEAL- If the hearing required by subsection (f) is conducted by a local educational agency, any party aggrieved by the findings and decision rendered in such a hearing may appeal such findings and decision to the State educational agency.
Such agency shall conduct an impartial review of such decision.
The officer conducting such review shall make an independent decision upon completion of such review. | https://docs-lawep.s3.us-east-2.amazonaws.com/1696756508821.pdf | https://www.un.org/development/desa/disabilities/wp-content/uploads/sites/15/2019/11/United-States_Individuals-with-Disabilities-Education-Act.pdf |
(h) SAFEGUARDS- Any party to a hearing conducted pursuant to subsection (f) or (k), or an appeal conducted pursuant to subsection (g), shall be accorded -- (1) the right to be accompanied and advised by counsel and by individuals with special knowledge or training with respect to the problems of children with disabilities; (2) the right to present evidence and confront, cross-examine, and compel the attendance of witnesses; (3) the right to a written, or, at the option of the parents, electronic verbatim record of such hearing; and (4) the right to written, or, at the option of the parents, electronic findings of fact and decisions (which findings and decisions shall be made available to the public consistent with the requirements of section 617(c) (relating to the confidentiality of data, information, and records) and shall also be transmitted to the advisory panel established pursuant to section 612(a)(21)). | https://docs-lawep.s3.us-east-2.amazonaws.com/1696756508821.pdf | https://www.un.org/development/desa/disabilities/wp-content/uploads/sites/15/2019/11/United-States_Individuals-with-Disabilities-Education-Act.pdf |
(i) ADMINISTRATIVE PROCEDURES- (1) IN GENERAL- (A) DECISION MADE IN HEARING- A decision made in a hearing conducted pursuant to subsection (f) or (k) shall be final, except that any party involved in such hearing may appeal such decision under the provisions of subsection (g) and paragraph (2) of this subsection.
(B) DECISION MADE AT APPEAL- A decision made under subsection (g) shall be final, except that any party may bring an action under paragraph (2) of this subsection. | https://docs-lawep.s3.us-east-2.amazonaws.com/1696756508821.pdf | https://www.un.org/development/desa/disabilities/wp-content/uploads/sites/15/2019/11/United-States_Individuals-with-Disabilities-Education-Act.pdf |
(2) RIGHT TO BRING CIVIL ACTION- (A) IN GENERAL- Any party aggrieved by the findings and decision made under subsection (f) or (k) who does not have the right to an appeal under subsection (g), and any party aggrieved by the findings and decision under this subsection, shall have the right to bring a civil action with respect to the complaint presented pursuant to this section, which action may be brought in any State court of competent jurisdiction or in a district court of the United States without regard to the amount in controversy. | https://docs-lawep.s3.us-east-2.amazonaws.com/1696756508821.pdf | https://www.un.org/development/desa/disabilities/wp-content/uploads/sites/15/2019/11/United-States_Individuals-with-Disabilities-Education-Act.pdf |
(B) ADDITIONAL REQUIREMENTS- In any action brought under this paragraph, the court -- INDIVIDUALS WITH DISABILITIES EDUCATION ACT PAGE 64 (i) shall receive the records of the administrative proceedings; (ii) shall hear additional evidence at the request of a party; and (iii) basing its decision on the preponderance of the evidence, shall grant such relief as the court determines is appropriate. | https://docs-lawep.s3.us-east-2.amazonaws.com/1696756508821.pdf | https://www.un.org/development/desa/disabilities/wp-content/uploads/sites/15/2019/11/United-States_Individuals-with-Disabilities-Education-Act.pdf |
(3) JURISDICTION OF DISTRICT COURTS; ATTORNEYS' FEES- (A) IN GENERAL- The district courts of the United States shall have jurisdiction of actions brought under this section without regard to the amount in controversy.
(B) AWARD OF ATTORNEYS' FEES- In any action or proceeding brought under this section, the court, in its discretion, may award reasonable attorneys' fees as part of the costs to the parents of a child with a disability who is the prevailing party. | https://docs-lawep.s3.us-east-2.amazonaws.com/1696756508821.pdf | https://www.un.org/development/desa/disabilities/wp-content/uploads/sites/15/2019/11/United-States_Individuals-with-Disabilities-Education-Act.pdf |
(C) DETERMINATION OF AMOUNT OF ATTORNEYS' FEES- Fees awarded under this paragraph shall be based on rates prevailing in the community in which the action or proceeding arose for the kind and quality of services furnished.
No bonus or multiplier may be used in calculating the fees awarded under this subsection. | https://docs-lawep.s3.us-east-2.amazonaws.com/1696756508821.pdf | https://www.un.org/development/desa/disabilities/wp-content/uploads/sites/15/2019/11/United-States_Individuals-with-Disabilities-Education-Act.pdf |
(D) PROHIBITION OF ATTORNEYS' FEES AND RELATED COSTS FOR CERTAIN SERVICES- (i) Attorneys' fees may not be awarded and related costs may not be reimbursed in any action or proceeding under this section for services performed subsequent to the time of a written offer of settlement to a parent if -- (I) the offer is made within the time prescribed by Rule 68 of the Federal Rules of Civil Procedure or, in the case of an administrative proceeding, at any time more than 10 days before the proceeding begins; (II) the offer is not accepted within 10 days; and (III) the court or administrative hearing officer finds that the relief finally obtained by the parents is not more favorable to the parents than the offer of settlement. | https://docs-lawep.s3.us-east-2.amazonaws.com/1696756508821.pdf | https://www.un.org/development/desa/disabilities/wp-content/uploads/sites/15/2019/11/United-States_Individuals-with-Disabilities-Education-Act.pdf |