118 STAT. 2692 PUBLIC LAW 108–446—DEC. 3, 2004 ‘‘(b) STATE EDUCATIONAL AGENCY AS PROVIDER OF FREE APPRO PRIATE PUBLIC EDUCATION OR DIRECT SERVICES.—If the State edu cational agency provides free appropriate public education to chil dren with disabilities, or provides direct services to such children, such agency— ‘‘(1) shall comply with any additional requirements of sec tion 613(a), as if such agency were a local educational agency; and ‘‘(2) may use amounts that are otherwise available to such agency under this part to serve those children without regard to section 613(a)(2)(A)(i) (relating to excess costs). ‘‘(c) EXCEPTION FOR PRIOR STATE PLANS.— ‘‘(1) IN GENERAL.—If a State has on file with the Secretary policies and procedures that demonstrate that such State meets any requirement of subsection (a), including any policies and procedures filed under this part as in effect before the effective date of the Individuals with Disabilities Education Improve ment Act of 2004, the Secretary shall consider such State to have met such requirement for purposes of receiving a grant under this part. ‘‘(2) MODIFICATIONS MADE BY STATE.—Subject to paragraph (3), an application submitted by a State in accordance with this section shall remain in effect until the State submits to the Secretary such modifications as the State determines necessary. This section shall apply to a modification to an application to the same extent and in the same manner as this section applies to the original plan. ‘‘(3) MODIFICATIONS REQUIRED BY THE SECRETARY.—If, after the effective date of the Individuals with Disabilities Education Improvement Act of 2004, the provisions of this title are amended (or the regulations developed to carry out this title are amended), there is a new interpretation of this title by a Federal court or a State’s highest court, or there is an official finding of noncompliance with Federal law or regula tions, then the Secretary may require a State to modify its application only to the extent necessary to ensure the State’s compliance with this part. ‘‘(d) APPROVAL BY THE SECRETARY.— ‘‘(1) IN GENERAL.—If the Secretary determines that a State is eligible to receive a grant under this part, the Secretary shall notify the State of that determination. ‘‘(2) NOTICE AND HEARING.—The Secretary shall not make a final determination that a State is not eligible to receive a grant under this part until after providing the State— ‘‘(A) with reasonable notice; and ‘‘(B) with an opportunity for a hearing. ‘‘(e) ASSISTANCE UNDER OTHER FEDERAL PROGRAMS.—Nothing in this title permits a State to reduce medical and other assistance available, or to alter eligibility, under titles V and XIX of the Social Security Act with respect to the provision of a free appro priate public education for children with disabilities in the State. ‘‘(f) BY PASS FOR CHILDREN IN PRIVATE SCHOOLS.— ‘‘(1) IN GENERAL.—If, on the date of enactment of the Edu cation of the Handicapped Act Amendments of 1983, a State educational agency was prohibited by law from providing for the equitable participation in special programs of children with Notification. Applicability. Termination date.
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