118 STAT. 2689 PUBLIC LAW 108–446—DEC. 3, 2004 be the amount that would have been required in the absence of that failure and not the reduced level of the State’s support. ‘‘(19) PUBLIC PARTICIPATION.—Prior to the adoption of any policies and procedures needed to comply with this section (including any amendments to such policies and procedures), the State ensures that there are public hearings, adequate notice of the hearings, and an opportunity for comment avail able to the general public, including individuals with disabilities and parents of children with disabilities. ‘‘(20) RULE OF CONSTRUCTION.—In complying with para graphs (17) and (18), a State may not use funds paid to it under this part to satisfy State law mandated funding obliga tions to local educational agencies, including funding based on student attendance or enrollment, or inflation. ‘‘(21) STATE ADVISORY PANEL.— ‘‘(A) IN GENERAL.—The State has established and main tains an advisory panel for the purpose of providing policy guidance with respect to special education and related serv ices for children with disabilities in the State. ‘‘(B) MEMBERSHIP.—Such advisory panel shall consist of members appointed by the Governor, or any other official authorized under State law to make such appointments, be representative of the State population, and be composed of individuals involved in, or concerned with, the education of children with disabilities, including— ‘‘(i) parents of children with disabilities (ages birth through 26); ‘‘(ii) individuals with disabilities; ‘‘(iii) teachers; ‘‘(iv) representatives of institutions of higher edu cation that prepare special education and related serv ices personnel; ‘‘(v) State and local education officials, including officials who carry out activities under subtitle B of title VII of the McKinney Vento Homeless Assistance Act (42 U.S.C. 11431 et seq.); ‘‘(vi) administrators of programs for children with disabilities; ‘‘(vii) representatives of other State agencies involved in the financing or delivery of related services to children with disabilities; ‘‘(viii) representatives of private schools and public charter schools; ‘‘(ix) not less than 1 representative of a vocational, community, or business organization concerned with the provision of transition services to children with disabilities; ‘‘(x) a representative from the State child welfare agency responsible for foster care; and ‘‘(xi) representatives from the State juvenile and adult corrections agencies. ‘‘(C) SPECIAL RULE.—A majority of the members of the panel shall be individuals with disabilities or parents of children with disabilities (ages birth through 26). ‘‘(D) DUTIES.—The advisory panel shall—
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