118 STAT. 2699 PUBLIC LAW 108–446—DEC. 3, 2004 subparagraph (A) unless the charter school is explicitly permitted to do so under the State’s charter school law. ‘‘(2) AMOUNT OF PAYMENTS.—If a State educational agency requires the joint establishment of eligibility under paragraph (1), the total amount of funds made available to the affected local educational agencies shall be equal to the sum of the payments that each such local educational agency would have received under section 611(f) if such agencies were eligible for such payments. ‘‘(3) REQUIREMENTS.—Local educational agencies that establish joint eligibility under this subsection shall— ‘‘(A) adopt policies and procedures that are consistent with the State’s policies and procedures under section 612(a); and ‘‘(B) be jointly responsible for implementing programs that receive assistance under this part. ‘‘(4) REQUIREMENTS FOR EDUCATIONAL SERVICE AGENCIES.— ‘‘(A) IN GENERAL.—If an educational service agency is required by State law to carry out programs under this part, the joint responsibilities given to local educational agencies under this subsection shall— ‘‘(i) not apply to the administration and disburse ment of any payments received by that educational service agency; and ‘‘(ii) be carried out only by that educational service agency. ‘‘(B) ADDITIONAL REQUIREMENT.—Notwithstanding any other provision of this subsection, an educational service agency shall provide for the education of children with disabilities in the least restrictive environment, as required by section 612(a)(5). ‘‘(f) EARLY INTERVENING SERVICES.— ‘‘(1) IN GENERAL.—A local educational agency may not use more than 15 percent of the amount such agency receives under this part for any fiscal year, less any amount reduced by the agency pursuant to subsection (a)(2)(C), if any, in com bination with other amounts (which may include amounts other than education funds), to develop and implement coordinated, early intervening services, which may include interagency financing structures, for students in kindergarten through grade 12 (with a particular emphasis on students in kinder garten through grade 3) who have not been identified as needing special education or related services but who need additional academic and behavioral support to succeed in a general education environment. ‘‘(2) ACTIVITIES.—In implementing coordinated, early inter vening services under this subsection, a local educational agency may carry out activities that include— ‘‘(A) professional development (which may be provided by entities other than local educational agencies) for teachers and other school staff to enable such personnel to deliver scientifically based academic instruction and behavioral interventions, including scientifically based lit eracy instruction, and, where appropriate, instruction on the use of adaptive and instructional software; and
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