102 STAT. 3292	PUBLIC LAW 100-630—NOV. 7, 1988
(4)	by amending subsection (a)(4)(B) to read as follows:
"(B) that-
'll) handicapped children in private schools and
facilities will be provided special education and related
services (in conformance with an individualized edu-
cation program as required by this part) at no cost to
their parents or guardian, if such children are placed in
or referred to such schools or facilities by the State or
appropriate local educational agency as the means of
carrying out the requirements of this part or any other
applicable law requiring the provision of special edu-
cation and related services to all handicapped children
within such State; and
"(ii) in all such instances, the State educational
agency shall determine whether such schools and facili-
ties meet standards that apply to State and local edu-
cational agencies and that children so served have all
the rights they would have if served by such agencies;";
(5)	by amending subsection (a)(7) to read as follows:
"(7) provide for—
"(A) making such reports in such form and containing
such information as the Secretary may require to carry out
the Secretary's functions under this part, and
"(B) keeping such records and affording such access
thereto as the Secretary may find necessary to assure the
correctness and verification of such reports and proper
disbursement of Federal funds under this part;";
(6)	in subsection (a)(9), by striking "under this part" the first
place it appears and all that follows through the semicolon at
the end and inserting the following: "under this part—
"(A) will not be commingled with State funds, and
"(B) will be so used as to supplement and increase the
level of Federal, State, and local funds (including funds that
are not under the direct control of State or local edu-
cational agencies) expended for special education and re-
lated services provided to handicapped children under this
part and in no case to supplant such Federal, State, and
local funds, except that, where the State provides clear and
convincing evidence that all handicapped children have
available to them a free appropriate public education, the
Secretary may waive in part the requirement of this
subparagraph if the Secretary concurs with the evidence
provided by the State;";
(7)	in subsection (a)(12), by striking "administrators of pro-
grams" and all that follows through the semicolon at the end
and inserting the following: "administrators of programs for
handicapped children, which—
"(A) advises the State educational agency of unmet needs
within the State in the education of handicapped children,
Public	"(B) comments publicly on any rules or regulations pro-
information,	posed for issuance by the State regarding the education of
handicapped children and the procedures for distribution of
funds under this part, and
"(C) assists the State in developing and reporting such
data and evaluations as may assist the Secretary in the
performance of the responsibilities of the Secretary under
section 618;";