Laws & Guidance HIGHER EDUCATION
1998 Amendments to the Higher Education Act of 1965
P.L. 105-244

TITLE IX--AMENDMENTS TO OTHER LAWS

PART B--EDUCATION OF THE DEAF

SEC. 912. ELEMENTARY AND SECONDARY EDUCATION PROGRAMS

Section 104(b) of the Education of the Deaf Act of 1986 (20 U.S.C. 4304(b)) is amended--

(1) in paragraph (1)--

(A) in subparagraph (A), by inserting `and' after the semicolon;

(B) in subparagraph (B), by striking `; and' and inserting a period; and

(C) by striking subparagraph (C);

(2) in the matter preceding subparagraph (A) of paragraph (2)--

(A) by striking `paragraph (1)' and inserting `paragraph (1)(B)'; and

(B) by striking `section 618(b)' and inserting `section 618(a)(1)(A)';

(3) in paragraph (3), by striking `intermediate educational unit' and inserting `educational service agency';

(4) in paragraph (4)--

(A) in subparagraph (A), by striking `intermediate educational unit' and inserting `educational service agency'; and

(B) in subparagraph (B), by striking `intermediate educational units' and inserting `educational service agencies'; and

(5) by amending subparagraph (C) to read as follows:

`(C) provide the child a free appropriate public education in accordance with part B of the Individuals with Disabilities Education Act and procedural safeguards in accordance with the following provisions of section 615 of such Act:

`(i) Paragraphs (1), and (3) through (6) of subsection (b).

`(ii) Subsections (c) through (g).

`(iii) Subsection (h), except for the matter in paragraph (4) pertaining to transmission of findings and decisions to a State advisory panel.

`(iv) Paragraphs (1) and (2) of subsection (i).

`(v) Subsection (j)--

`(I) except that such subsection shall not be applicable to a decision by the University to refuse to admit a child; or

`(II) to dismiss a child, except that, before dismissing any child, the University shall give at least 60 days written notice to the child's parents and to the local educational agency in which the child resides, unless the dismissal involves a suspension, expulsion, or other change in placement covered under section 615(k).

`(vi) Subsections (k) through (m).'.

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Last Modified: 09/26/2003