118 STAT. 2691 PUBLIC LAW 108–446—DEC. 3, 2004 agency, as part of any print instructional materials adop tion process, procurement contract, or other practice or instrument used for purchase of print instructional mate rials, shall enter into a written contract with the publisher of the print instructional materials to— ‘‘(i) require the publisher to prepare and, on or before delivery of the print instructional materials, provide to the National Instructional Materials Access Center electronic files containing the contents of the print instructional materials using the National Instructional Materials Accessibility Standard; or ‘‘(ii) purchase instructional materials from the pub lisher that are produced in, or may be rendered in, specialized formats. ‘‘(D) ASSISTIVE TECHNOLOGY.—In carrying out this paragraph, the State educational agency, to the maximum extent possible, shall work collaboratively with the State agency responsible for assistive technology programs. ‘‘(E) DEFINITIONS.—In this paragraph: ‘‘(i) NATIONAL INSTRUCTIONAL MATERIALS ACCESS CENTER.—The term ‘National Instructional Materials Access Center’ means the center established pursuant to section 674(e). ‘‘(ii) NATIONAL INSTRUCTIONAL MATERIALS ACCESSI BILITY STANDARD.—The term ‘National Instructional Materials Accessibility Standard’ has the meaning given the term in section 674(e)(3)(A). ‘‘(iii) SPECIALIZED FORMATS.—The term ‘specialized formats’ has the meaning given the term in section 674(e)(3)(D). ‘‘(24) OVERIDENTIFICATION AND DISPROPORTIONALITY.—The State has in effect, consistent with the purposes of this title and with section 618(d), policies and procedures designed to prevent the inappropriate overidentification or disproportionate representation by race and ethnicity of children as children with disabilities, including children with disabilities with a particular impairment described in section 602. ‘‘(25) PROHIBITION ON MANDATORY MEDICATION.— ‘‘(A) IN GENERAL.—The State educational agency shall prohibit State and local educational agency personnel from requiring a child to obtain a prescription for a substance covered by the Controlled Substances Act (21 U.S.C. 801 et seq.) as a condition of attending school, receiving an evaluation under subsection (a) or (c) of section 614, or receiving services under this title. ‘‘(B) RULE OF CONSTRUCTION.—Nothing in subpara graph (A) shall be construed to create a Federal prohibition against teachers and other school personnel consulting or sharing classroom based observations with parents or guardians regarding a student’s academic and functional performance, or behavior in the classroom or school, or regarding the need for evaluation for special education or related services under paragraph (3).
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