Page:United States Statutes at Large Volume 88 Part 1.djvu/627

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[88 STAT. 583]
PUBLIC LAW 93-000—MMMM. DD, 1975
[88 STAT. 583]

88 STAT. ]

PUBLIC LAW 93-380-AUG. 21, 1974

583

(2) Effective on and after July 1, 1975, section 612(a) of such Act ^olVcU^T' is amended by inserting at the end thereof the following new para- and note. graph: " (3) No State shall, in any fiscal year, be required to expend amounts allotted pursuant to this section to carry out the provisions of paragraph (1) of section 613(b) unless that State receives an amount 20 USC 1413. greater than the amount allotted to that State for the fiscal year ending June 30, 1973.". (b) Section 613(a)(1) of such Act is amended by striking out "$100,000" and inserting in lieu thereof "$200,000". (c)(1) Section 613 of such Act is amended by redesignating subsections (b), (c), and (d) of such section, and all references thereto, as subsections (c), (d), and (e), respectively, and by inserting after subsection (a) the following: "(b)(1) Any State which desires to receive a grant under this part for any fiscal year beginning after June 30, 1975, shall submit to the Commissioner for approval not later than one year after the enactment of the Education of the Handicapped Amendments of 1974, through ^"'e» P- 579. its State educational agency an amendment to the State plan required under subsection (a), setting forth in detail the policies and procedures which the State will undertake in order to assure that ^ " (A) all children residing in the State who are handicapped regardless of the severity of their handicap and who are in need of special education and related services are identified, located, and evaluated, including a practical method of determining which children are currently receiving needed special education and related services and which children are not currently receiving. needed special education and related services; " (B) policies and procedures will be established in accordance with detailed criteria prescribed by the Commissioner to protect the confidentiality of such data and information by the State; " (C) there is established (i) a goal of providing full educational opportunities to all handicapped children, (ii) a detailed timetable for accomplishing such a goal, and (iii) a description of the kind and number of facilities, personnel, and services necessary throughout the State to meet such a goal; and " (D) the amendment submitted by the State pursuant to this subsection shall be available to parents and other members of the general public at least thirty days prior to the date of submission of the amendment to the Commissioner. For the purpose of this part, any amendment to the State plan required by this subsection and approved by the Commissioner shall be considered, after June 30, 1975, as a required portion of the State plan. "(2) The requirement of paragraph (1) of this subsection shall not be effective with respect to any fiscal year in which the aggregate of the amounts allotted to the States for this part for that fiscal year is less than $45,000,000.". (2) Section 613(e)(1) of such Act (as redesignated by this section) is amended by striking out "subsection (c) " and inserting in lieu thereof "subsection (d) ". da (d) The amendment made by subsections (a)(1) and (b) of this Effective1412 t e. 20 USC section shall be effective in any fiscal year for which the aggregate of note. the amounts allotted to the States for that fiscal year for carrying out part B of the Education of the Handicapped Act is $45,000,000 or 20 USC 14n more.