TREATMENT OF CHAPTER 1 STATE AGENCIES.

SEC. 312. TREATMENT OF CHAPTER 1 STATE AGENCIES. Part B of the Act (20 U.S.C. 1411 et seq.) is further amended by inserting after section 614 the following new section: 108 STAT. 3935 “treatment of chapter 1 state agencies “Sec. 614A. (a) For the purpose of making payments under sections 611 and 619 of this Act, any State agency that received funds for fiscal year 1994 under subpart 2 of part D of chapter 1 of title I of the Elementary and Secondary Education Act of 1965 (as such subpart was in existence on the day preceding the date of enactment of the Improving America’s Schools Act of 1994) shall be treated as if the State agency were a local educational agency. “(b) Any State agency which desires to receive payments under section 611(d) and section 619(c)(3) for any fiscal year shall submit an application to the State educational agency. Such application shall— “(1) include an assurance that all children with disabilities who are participating in programs and projects funded under this part receive a free appropriate public education, and that such children and their parents are provided all the rights and procedural safeguards described in this part; and “(2) meet those requirements of section 614 that the Secretary finds appropriate. “(c) Section 611(c)(4) shall not apply with respect to a State agency that is eligible for a payment under this part by application of this section.”.