Page:United States Statutes at Large Volume 111 Part 1.djvu/88

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Ill STAT. 64 PUBLIC LAW 105-17—JUNE 4, 1997 public agency of the information described in division (aa); "(II) if, prior to the parents' removal of the child from the public school, the public agency informed the parents, through the notice requirements described in section 615(b)(7), of its intent to evaluate the child (including a statement of the purpose of the evaluation that was appropriate and reasonable), but the parents did not make the child available for such evaluation; or "(III) upon a judicial finding of unreasonableness with respect to actions taken by the parents. " (iv) EXCEPTION. — Notwithstanding the notice requirement in clause (iii)(I), the cost of reimbursement may not be reduced or denied for failure to provide such notice if— "(I) the parent is illiterate and cannot write in English; "(II) compliance with clause (iii)(I) would likely result in physical or serious emotional harm to the child; "(III) the school prevented the parent from providing such notice; or "(IV) the parents had not received notice, pursuant to section 615, of the notice requirement in clause (iii)(I). "(11) STATE EDUCATIONAL AGENCY RESPONSIBLE FOR GENERAL SUPERVISION.— "(A) IN GENERAL.—The State educational agency is responsible for ensuring that— "(i) the requirements of this part are met; and "(ii) all educational programs for children with disabilities in the State, including all such programs administered by any other State or local agency— "(I) are under the general supervision of individuals in the State who are responsible for educational programs for children with disabilities; and "(II) meet the educational standards of the State educational agency. "(B) LIMITATION.— Subparagraph (A) shall not limit the responsibility of agencies in the State other than the State educational agency to provide, or pay for some or all of the costs of, a free appropriate public education for any child with a disability in the State. "(C) EXCEPTION.— Notwithstanding subparagraphs (A) and (B), the Governor (or another individual pursuant to State law), consistent with State law, may assign to any public agency in the State the responsibility of ensuring that the requirements of this part are met with respect to children with disabilities who are convicted as adults under State law and incarcerated in adult prisons. "(12) OBLIGATIONS RELATED TO AND METHODS OF ENSURING SERVICES.— "(A) ESTABLISHING RESPONSIBILITY FOR SERVICES.— The Chief Executive Officer or designee of the officer shall