118 STAT. 2670 PUBLIC LAW 108–446—DEC. 3, 2004 ‘‘(III) develop a funding mechanism that pro vides distributions each fiscal year to local edu cational agencies that meet the criteria developed by the State under subclause (II); and ‘‘(IV) establish an annual schedule by which the State educational agency shall make its dis tributions from the high cost fund each fiscal year. ‘‘(iii) PUBLIC AVAILABILITY.—The State shall make its final State plan publicly available not less than 30 days before the beginning of the school year, including dissemination of such information on the State website. ‘‘(D) DISBURSEMENTS FROM THE HIGH COST FUND.— ‘‘(i) IN GENERAL.—Each State educational agency shall make all annual disbursements from the high cost fund established under subparagraph (A)(i) in accordance with the State plan published pursuant to subparagraph (C). ‘‘(ii) USE OF DISBURSEMENTS.—Each State edu cational agency shall make annual disbursements to eligible local educational agencies in accordance with its State plan under subparagraph (C)(ii). ‘‘(iii) APPROPRIATE COSTS.—The costs associated with educating a high need child with a disability under subparagraph (C)(i) are only those costs associ ated with providing direct special education and related services to such child that are identified in such child’s IEP. ‘‘(E) LEGAL FEES.—The disbursements under subpara graph (D) shall not support legal fees, court costs, or other costs associated with a cause of action brought on behalf of a child with a disability to ensure a free appropriate public education for such child. ‘‘(F) ASSURANCE OF A FREE APPROPRIATE PUBLIC EDU CATION.—Nothing in this paragraph shall be construed— ‘‘(i) to limit or condition the right of a child with a disability who is assisted under this part to receive a free appropriate public education pursuant to section 612(a)(1) in the least restrictive environment pursuant to section 612(a)(5); or ‘‘(ii) to authorize a State educational agency or local educational agency to establish a limit on what may be spent on the education of a child with a dis ability. ‘‘(G) SPECIAL RULE FOR RISK POOL AND HIGH NEED ASSISTANCE PROGRAMS IN EFFECT AS OF JANUARY 1, 2004.— Notwithstanding the provisions of subparagraphs (A) through (F), a State may use funds reserved pursuant to this paragraph for implementing a placement neutral cost sharing and reimbursement program of high need, low incidence, catastrophic, or extraordinary aid to local educational agencies that provides services to high need students based on eligibility criteria for such programs that were created not later than January 1, 2004, and are currently in operation, if such program serves children that meet the requirement of the definition of a high need Deadline.
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