Page:United States Statutes at Large Volume 111 Part 1.djvu/85

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PUBLIC LAW 105-17—JUNE 4, 1997 111 STAT. 61 "(I) were not actually identified as being a child with a disability under section 602(3) of this Act; or "(11) did not have an individualized education program under this part. "(2) FULL EDUCATIONAL OPPORTUNITY GOAL.— The State has established a goal of providing full educational opportunity to all children with disabilities and a detailed timetable for accomplishing that goal. "(3) CHILD FIND.— "(A) IN GENERAL.—All children with disabilities residing in the State, including children with disabilities attending private schools, regardless of the severity of their disabilities, and who are in need of special education and related services, are identified, located, and evaluated and a practical method is developed and implemented to determine which children with disabilities are currently receiving needed special education and related services. "(B) CONSTRUCTION.— Nothing in this Act requires that children be classified by their disability so long as each child who has a disability listed in section 602 and who, by reason of that disability, needs special education and related services is regarded as a child with a disability under this part. "(4) INDIVIDUALIZED EDUCATION PROGRAM.— An individualized education program, or an individualized family service plan that meets the requirements of section 636(d), is developed, reviewed, and revised for each child with a disability in accordance with section 614(d). " (5) LEAST RESTRICTIVE ENVIRONMENT.— "(A) IN GENERAL.—To the maximum extent appropriate, children with disabilities, including children in public or private institutions or other care facilities, are educated with children who are not disabled, and special classes, separate schooling, or other removal of children with disabilities from the regular educational environment occurs only when the nature or severity of the disability of a child is such that education in regular classes with the use of supplementary aids and services cannot be achieved satisfactorily. "(B) ADDITIONAL REQUIREMENT.— "(i) IN GENERAL.— I f the State uses a funding mechanism by which the State distributes State funds on the basis of the t3T)e of setting in which a child is served, the funding mechanism does not result in placements that violate the requirements of subparagraph (A). "(ii) ASSURANCE.—I f the State does not have policies and procedures to ensure compliance with clause (i), the State shall provide the Secretary an assurance that it will revise the funding mechanism as soon as feasible to ensure that such mechanism does not result in such placements. " (6) PROCEDURAL SAFEGUARDS. — " (A) IN GENERAL. —Children with disabilities and their parents are afforded the procedural safeguards required by section 615.