118 STAT. 2731 PUBLIC LAW 108–446—DEC. 3, 2004 electronic mail (e mail) communication, if the agency makes such option available. ‘‘(o) SEPARATE COMPLAINT.—Nothing in this section shall be construed to preclude a parent from filing a separate due process complaint on an issue separate from a due process complaint already filed. ‘‘SEC. 616. MONITORING, TECHNICAL ASSISTANCE, AND ENFORCE MENT. ‘‘(a) FEDERAL AND STATE MONITORING.— ‘‘(1) IN GENERAL.—The Secretary shall— ‘‘(A) monitor implementation of this part through— ‘‘(i) oversight of the exercise of general supervision by the States, as required in section 612(a)(11); and ‘‘(ii) the State performance plans, described in sub section (b); ‘‘(B) enforce this part in accordance with subsection (e); and ‘‘(C) require States to— ‘‘(i) monitor implementation of this part by local educational agencies; and ‘‘(ii) enforce this part in accordance with paragraph (3) and subsection (e). ‘‘(2) FOCUSED MONITORING.—The primary focus of Federal and State monitoring activities described in paragraph (1) shall be on— ‘‘(A) improving educational results and functional out comes for all children with disabilities; and ‘‘(B) ensuring that States meet the program require ments under this part, with a particular emphasis on those requirements that are most closely related to improving educational results for children with disabilities. ‘‘(3) MONITORING PRIORITIES.—The Secretary shall monitor the States, and shall require each State to monitor the local educational agencies located in the State (except the State exercise of general supervisory responsibility), using quantifi able indicators in each of the following priority areas, and using such qualitative indicators as are needed to adequately measure performance in the following priority areas: ‘‘(A) Provision of a free appropriate public education in the least restrictive environment. ‘‘(B) State exercise of general supervisory authority, including child find, effective monitoring, the use of resolu tion sessions, mediation, voluntary binding arbitration, and a system of transition services as defined in sections 602(34) and 637(a)(9). ‘‘(C) Disproportionate representation of racial and ethnic groups in special education and related services, to the extent the representation is the result of inappro priate identification. ‘‘(4) PERMISSIVE AREAS OF REVIEW.—The Secretary shall consider other relevant information and data, including data provided by States under section 618. ‘‘(b) STATE PERFORMANCE PLANS.— ‘‘(1) PLAN.— 20 USC 1416.
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