Page:United States Statutes at Large Volume 111 Part 1.djvu/86

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Ill STAT. 62 PUBLIC LAW 105-17—JUNE 4, 1997 "(B) ADDITIONAL PROCEDURAL SAFEGUARDS.— Procedures to ensure that testing and evaluation materials and procedures utilized for the purposes of evaluation and placement of children with disabilities will be selected and administered so as not to be racially or culturally discriminatory. Such materials or procedures shall be provided and administered in the child's native language or mode of communication, unless it clearly is not feasible to do so, and no single procedure shall be the sole criterion for determining an appropriate educational program for a child. "(7) EVALUATION.— Children with disabilities are evaluated in accordance with subsections (a) through (c) of section 614. "(8) CONFIDENTIALITY. —Agencies in the State comply with section 617(c) (relating to the confidentiality of records and information). "(9) TRANSITION FROM PART C TO PRESCHOOL PROGRAMS. — Children participating in early-intervention programs assisted under part C, and who will participate in preschool programs assisted under this part, experience a smooth and effective transition to those preschool programs in a manner consistent with section 637(a)(8). By the third birthday of such a child, an individualized education program or, if consistent with sections 614(d)(2)(B) and 636(d), an individualized family service plan, has been developed and is being implemented for the child. The local educational agency will participate in transition planning conferences arranged by the designated lead agency under section 637(a)(8). "(10) CHILDREN IN PRIVATE SCHOOLS.— "(A) CHILDREN ENROLLED IN PRIVATE SCHOOLS BY THEIR PARENTS.— "(i) IN GENERAL.—To the extent consistent with the number and location of children with disabilities in the State who are enrolled by their parents in private elementary and secondary schools, provision is made for the participation of those children in the program assisted or carried out under this part by providing for such children special education and related services in accordance with the following requirements, unless the Secretary has arranged for services to those children under subsection (f): "(I) Amounts expended for the provision of those services by a local educational agency shall be equal to a proportionate amount of Federal funds made available under this part. "(II) Such services may be provided to children with disabilities on the premises of private, including parochial, schools, to the extent consistent with law. "(ii) CHILD-FIND REQUIREMENT. —The requirements of paragraph (3) of this subsection (relating to child find) shall apply with respect to children with disabilities in the State who are enrolled in private, including parochial, elementary and secondary schools. "(B) CHILDREN PLACED IN, OR REFERRED TO, PRIVATE SCHOOLS BY PUBLIC AGENCIES.—