118 STAT. 2697 PUBLIC LAW 108–446—DEC. 3, 2004 ‘‘(ii) at the same time as the agency distributes other Federal funds to the agency’s other public schools, consistent with the State’s charter school law. ‘‘(6) PURCHASE OF INSTRUCTIONAL MATERIALS.— ‘‘(A) IN GENERAL.—Not later than 2 years after the date of enactment of the Individuals with Disabilities Edu cation Improvement Act of 2004, a local educational agency that chooses to coordinate with the National Instructional Materials Access Center, when purchasing print instruc tional materials, shall acquire the print instructional mate rials in the same manner and subject to the same conditions as a State educational agency acquires print instructional materials under section 612(a)(23). ‘‘(B) RIGHTS OF LOCAL EDUCATIONAL AGENCY.—Nothing in this paragraph shall be construed to require a local educational agency to coordinate with the National Instruc tional Materials Access Center. If a local educational agency chooses not to coordinate with the National Instruc tional Materials Access Center, the local educational agency shall provide an assurance to the State educational agency that the local educational agency will provide instructional materials to blind persons or other persons with print disabilities in a timely manner. ‘‘(7) INFORMATION FOR STATE EDUCATIONAL AGENCY.—The local educational agency shall provide the State educational agency with information necessary to enable the State edu cational agency to carry out its duties under this part, including, with respect to paragraphs (15) and (16) of section 612(a), information relating to the performance of children with disabilities participating in programs carried out under this part. ‘‘(8) PUBLIC INFORMATION.—The local educational agency shall make available to parents of children with disabilities and to the general public all documents relating to the eligibility of such agency under this part. ‘‘(9) RECORDS REGARDING MIGRATORY CHILDREN WITH DISABILITIES.—The local educational agency shall cooperate in the Secretary’s efforts under section 1308 of the Elementary and Secondary Education Act of 1965 to ensure the linkage of records pertaining to migratory children with a disability for the purpose of electronically exchanging, among the States, health and educational information regarding such children. ‘‘(b) EXCEPTION FOR PRIOR LOCAL PLANS.— ‘‘(1) IN GENERAL.—If a local educational agency or State agency has on file with the State educational agency policies and procedures that demonstrate that such local educational agency, or such State agency, as the case may be, meets any requirement of subsection (a), including any policies and proce dures filed under this part as in effect before the effective date of the Individuals with Disabilities Education Improve ment Act of 2004, the State educational agency shall consider such local educational agency or State agency, as the case may be, to have met such requirement for purposes of receiving assistance under this part. ‘‘(2) MODIFICATION MADE BY LOCAL EDUCATIONAL AGENCY.— Subject to paragraph (3), an application submitted by a local educational agency in accordance with this section shall remain Deadline.
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