Page:United States Statutes at Large Volume 111 Part 1.djvu/87

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PUBLIC LAW 105-17 -JUNE 4, 1997 111 STAT. 63 "(i) IN GENERAL. —Children with disabihties 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 part 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 and local educational agencies and that children so served have all the rights they 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 part 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 PLACE- MENT.—I f 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 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 lEP meeting that the parents attended prior to removal of the child from the public school, the parents did not inform the lEP 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