PUBLIC LAW 109–148—DEC. 30, 2005
119 STAT. 2803
(4) PROVISION OF SPECIAL EDUCATION AND RELATED SERVICES.— (A) IN GENERAL.—In the case of a displaced student who is a child with a disability, any payment made on behalf of such student to an eligible local educational agency or any payment available in an account for such student, shall be used to pay for special education and related services consistent with the Individuals with Disabilities Education Act (20 U.S.C. 1400 et seq.). (B) SPECIAL RULE.— (i) RETENTION.—Notwithstanding any other provision of this section, if an eligible local educational agency provides services to a displaced student attending an eligible non-public school under section 612(a)(10) of the Individuals with Disabilities Education Act (20 U.S.C. 1412(a)(10)), the eligible local educational agency may retain a portion of the assistance received under this section on behalf of such student to pay for such services. (ii) DETERMINATION OF PORTION.— (I) GUIDELINES.—Each State shall issue guidelines, not later than 14 calendar days after the date of the publication of the notice described in subsection (a)(4), that specify the portion of the assistance that an eligible local educational agency in the State may retain under this subparagraph. Each State shall apply such guidelines in a consistent manner throughout the State. (II) DETERMINATION OF PORTION.—The portion specified in the guidelines shall be based on customary costs of providing services under such section 612(a)(10) for the local educational agency. (C) DEFINITIONS.—In this paragraph: (i) SPECIAL EDUCATION; RELATED SERVICES.—The terms ‘‘special education’’ and ‘‘related services’’ have the meaning given such terms in section 602 of the Individuals with Disabilities Education Act (20 U.S.C. 1401). (ii) INDIVIDUALIZED EDUCATION PROGRAM.—The term ‘‘individualized education program’’ has the meaning given the term in section 614(d)(2) of the Individuals with Disabilities Education Act (20 U.S.C. 1414(d)(2)). (f) RETURN OF AID.— (1) ELIGIBLE LOCAL EDUCATIONAL AGENCY OR ELIGIBLE BIAFUNDED SCHOOL.—An eligible local educational agency or eligible BIA-funded school that receives an emergency impact aid payment under this section shall return to the State educational agency any payment provided to the eligible local educational agency or school under this section that the eligible local educational agency or school has not obligated by the end of the 2005–2006 school year in accordance with this section. (2) STATE EDUCATIONAL AGENCY.—A State educational agency that receives emergency impact aid under this section, shall return to the Secretary of Education—
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