US (United States) Code. Title 20. Chapter 55: Education of the deaf

Codificación normativa de EEUU (Estados Unidos) Legislación Federal estadounidense # Education

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20 USC CHAPTER 55 - EDUCATION OF THE DEAF 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 55 - EDUCATION OF THE DEAF

.

-HEAD-

CHAPTER 55 - EDUCATION OF THE DEAF

-MISC1-

SUBCHAPTER I - GALLAUDET UNIVERSITY; NATIONAL TECHNICAL INSTITUTE

FOR THE DEAF

PART A - GALLAUDET UNIVERSITY

Sec.

4301. Continuation of Gallaudet College as Gallaudet University.

(a) Gallaudet University.

(b) Purpose.

4302. Property rights.

(a) Property rights described.

(b) Disposal of real property.

4303. Board of Trustees.

(a) Composition of Board.

(b) Powers of Board.

4304. Elementary and secondary education programs.

(a) General authority.

(b) Administrative requirements.

4305. Agreement with Gallaudet University.

(a) General authority.

(b) Provisions of agreement.

4311. Repealed.

4321, 4322. Repealed.

PART B - NATIONAL TECHNICAL INSTITUTE FOR THE DEAF

4331. Authority.

4332. Agreement for National Technical Institute for the Deaf.

(a) General authority.

(b) Provisions of agreement.

(c) Limitation.

4341 to 4344. Repealed.

SUBCHAPTER II - GENERAL PROVISIONS

4351. Definitions.

4352. Gifts.

4353. Audit.

(a) General Accounting Office authority.

(b) Independent financial and compliance audit.

(c) Limitations regarding expenditure of funds.

4354. Reports.

4355. Monitoring, evaluation, and reporting.

(a) Activities.

(b) Report.

(c) Authorization of appropriations.

4356. Liaison for educational programs.

(a) Designation of liaison.

(b) Duties of liaison.

(c) Authority of Secretary.

4357. Federal endowment programs for Gallaudet University and the

National Technical Institute for the Deaf.

(a) Establishment of programs.

(b) Federal payments.

(c) Investments.

(d) Withdrawals and expenditures.

(e) Investment and expenditure flexibility.

(f) Recovery of payments.

(g) Definitions.

(h) Authorization of appropriations.

(i) Effective date.

4358. Repealed.

4359. Oversight and effect of agreements.

(a) Oversight activities.

(b) Construction of agreements.

4359a. International students.

(a) Enrollment.

(b) Tuition surcharge.

(c) Reduction of surcharge.

(d) ''Developing country'' defined.

4359b. Research priorities.

(a) Research priorities.

(b) Research reports.

4360. National study on the education of the deaf.

(a) Conduct of study.

(b) Public input and consultation.

(c) Report.

(d) Authorization of appropriations.

4360a. Authorization of appropriations.

(a) Gallaudet University.

(b) National Technical Institute for the Deaf.

4361. Supervision of public business of Gallaudet University.

4362. Purchases through General Services Administration.

4363. Financial and program audit by Secretary.

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20 USC SUBCHAPTER I - GALLAUDET UNIVERSITY; NATIONAL

TECHNICAL INSTITUTE FOR THE DEAF 01/06/03

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TITLE 20 - EDUCATION

CHAPTER 55 - EDUCATION OF THE DEAF

SUBCHAPTER I - GALLAUDET UNIVERSITY; NATIONAL TECHNICAL INSTITUTE

FOR THE DEAF

.

-HEAD-

SUBCHAPTER I - GALLAUDET UNIVERSITY; NATIONAL TECHNICAL INSTITUTE

FOR THE DEAF

-SECREF-

SUBCHAPTER REFERRED TO IN OTHER SECTIONS

This subchapter is referred to in section 4360a of this title.

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20 USC Part A - Gallaudet University 01/06/03

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TITLE 20 - EDUCATION

CHAPTER 55 - EDUCATION OF THE DEAF

SUBCHAPTER I - GALLAUDET UNIVERSITY; NATIONAL TECHNICAL INSTITUTE

FOR THE DEAF

Part A - Gallaudet University

.

-HEAD-

Part A - Gallaudet University

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20 USC Sec. 4301 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 55 - EDUCATION OF THE DEAF

SUBCHAPTER I - GALLAUDET UNIVERSITY; NATIONAL TECHNICAL INSTITUTE

FOR THE DEAF

Part A - Gallaudet University

-HEAD-

Sec. 4301. Continuation of Gallaudet College as Gallaudet

University

-STATUTE-

(a) Gallaudet University

The Gallaudet College created by an Act entitled ''An Act to

amend the charter of the Columbia Institution for the Deaf, change

its name, define its corporate powers, and provide for its

organization and administration, and for other purposes'', approved

June 18, 1954, is continued as a body corporate under the name of

Gallaudet University. On and after August 4, 1986, Gallaudet

College shall be known as Gallaudet University and have perpetual

succession and shall have the powers and be subject to the

limitations contained in this chapter.

(b) Purpose

The purpose of Gallaudet University shall be to provide education

and training to individuals who are deaf and otherwise to further

the education of individuals who are deaf.

-SOURCE-

(Pub. L. 99-371, title I, Sec. 101, Aug. 4, 1986, 100 Stat. 781;

Pub. L. 102-421, title I, Sec. 151(a)(1), (4), Oct. 16, 1992, 106

Stat. 2163, 2164; Pub. L. 103-73, title II, Sec. 203(a), Aug. 11,

1993, 107 Stat. 732.)

-REFTEXT-

REFERENCES IN TEXT

An Act to amend the charter of the Columbia Institution for the

Deaf, change its name, define its corporate powers, and provide for

its organization and administration, and for other purposes,

referred to in subsec. (a), is act June 18, 1954, ch. 324, 68 Stat.

265, as amended, which was classified generally to subchapter I

(Sec. 691 et seq.) of chapter 20B of this title, and was repealed

by Pub. L. 99-371, title IV, Sec. 410(a), Aug. 4, 1986, 100 Stat.

794.

This chapter, referred to in subsec. (a), was in the original

''this Act'', meaning Pub. L. 99-371, Aug. 4, 1986, 100 Stat. 781,

known as the Education of the Deaf Act of 1986, which is classified

generally to this chapter. For complete classification of this Act

to the Code, see Short Title note below and Tables.

-MISC2-

PRIOR PROVISIONS

Provisions similar to this section were contained in sections 691

and 691a of this title prior to repeal by Pub. L. 99-371.

AMENDMENTS

1993 - Subsec. (a). Pub. L. 103-73 inserted comma after

''Hereafter'' in original, which for purposes of codification had

been translated as ''On or after August 4, 1986,'', requiring no

change in text.

1992 - Subsec. (b). Pub. L. 102-421 substituted ''individuals who

are deaf'' for ''deaf individuals'' after ''training to'' and for

''the deaf'' after ''education of''.

EFFECTIVE DATE OF 1992 AMENDMENT

Section 161 of title I of Pub. L. 102-421 provided that: ''The

amendments described in this title (enacting sections 4304, 4305,

4357, 4358, and 4359a of this title, amending this section and

sections 4303, 4331, 4332, 4351 to 4356, and 4360 of this title,

and repealing sections 4311, 4321, 4322, 4341 to 4344, 4357, and

4358 of this title) are made upon October 1, 1992, and take effect

upon such date.''

SHORT TITLE OF 1998 AMENDMENT

Pub. L. 105-244, title IX, Sec. 911, Oct. 7, 1998, 112 Stat.

1829, provided that: ''This part (part B (Sec. 911-925) of title IX

of Pub. L. 105-244, enacting sections 4359b, 4360, and 4360a of

this title, amending sections 4304, 4305, 4332, 4351, 4353 to 4355,

4357, 4359, and 4359a of this title, and repealing sections 4358

and 4360 of this title) may be cited as the 'Education of the Deaf

Amendments of 1998'.''

SHORT TITLE OF 1993 AMENDMENT

Section 201(a) of title II of Pub. L. 103-73 provided that:

''This title (amending this section and sections 4302 to 4305,

4331, 4332, 4351, 4353 to 4357, 4359, 4359a, and 4360 of this

title) may be cited as the 'Education of the Deaf Act Amendments of

1993'.''

SHORT TITLE OF 1992 AMENDMENT

Section 1 of Pub. L. 102-421 provided that: ''This Act (enacting

sections 4304, 4305, 4357, 4358, and 4359a of this title, amending

this section and sections 1424a, 1431, 1441, 4303, 4331, 4332, 4351

to 4356, and 4360 of this title, repealing sections 4311, 4321,

4322, 4341 to 4344, 4357, and 4358 of this title, and enacting

provisions set out as notes under this section and section 1424a of

this title) may be cited as the 'Education of the Deaf Act

Amendments of 1992'.''

SHORT TITLE

Section 1 of Pub. L. 99-371 provided: ''That this Act (enacting

this chapter, repealing sections 681 to 685, 691 to 691g, 693 to

693b, and 695 to 695c of this title, and repealing provisions set

out as notes under sections 681 and 693 of this title) may be cited

as the 'Education of the Deaf Act of 1986'.''

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20 USC Sec. 4302 01/06/03

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TITLE 20 - EDUCATION

CHAPTER 55 - EDUCATION OF THE DEAF

SUBCHAPTER I - GALLAUDET UNIVERSITY; NATIONAL TECHNICAL INSTITUTE

FOR THE DEAF

Part A - Gallaudet University

-HEAD-

Sec. 4302. Property rights

-STATUTE-

(a) Property rights described

Gallaudet University is vested with all the property and the

rights of property, and shall have and be entitled to use all

authority, privileges, and possessions and all legal rights which

it has, or which it had or exercised under any former name,

including the right to sue and be sued and to own, acquire, sell,

mortgage, or otherwise dispose of property it may own now or

hereafter acquire. Gallaudet University shall also be subject to

all liabilities and obligations now outstanding against the

corporation under any former name.

(b) Disposal of real property

(1) With the approval of the Secretary, the Board of Trustees of

Gallaudet University may convey fee simple title by deed, convey by

quitclaim deed, mortgage, or otherwise dispose of any or all real

property title to which is vested in Gallaudet University,

Gallaudet College, the Columbia Institution for the Deaf, or any

predecessor corporation.

(2) The proceeds of any such disposition shall be considered a

part of the capital structure of the corporation, and may be used

solely for the acquisition of real estate for the use of the

corporation, for the construction, equipment, or improvement of

buildings for such use, or for investment purposes, but, if

invested, only the income from the investment may be used for

current expenses of the corporation.

-SOURCE-

(Pub. L. 99-371, title I, Sec. 102, Aug. 4, 1986, 100 Stat. 781;

Pub. L. 103-73, title II, Sec. 203(b), Aug. 11, 1993, 107 Stat.

733.)

-MISC1-

PRIOR PROVISIONS

Provisions similar to this section were contained in section 691b

of this title, prior to repeal by Pub. L. 99-371.

AMENDMENTS

1993 - Subsec. (b)(1). Pub. L. 103-73, Sec. 203(b)(1),

substituted ''Secretary'' for ''Secretary of Education''.

Subsec. (b)(2). Pub. L. 103-73, Sec. 203(b)(2), substituted

''but, if invested,'' for ''but if invested''.

REAL PROPERTY PROVISIONS

The following acts contained provisions relating to acquisition,

exchange, and adjustment of boundaries of properties of Gallaudet

University and its predecessors, Gallaudet College and Columbia

Institution for the Deaf:

July 1, 1916, ch. 209, 39 Stat. 310.

Aug. 3, 1939, ch. 414, 53 Stat. 1179.

Sept. 13, 1960, Pub. L. 86-776, Sec. 1, 2, 74 Stat. 916, 917.

Nov. 20, 1981, Pub. L. 97-80, title II, Sec. 202(a)(1), 95 Stat.

1082.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 4353 of this title.

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20 USC Sec. 4303 01/06/03

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TITLE 20 - EDUCATION

CHAPTER 55 - EDUCATION OF THE DEAF

SUBCHAPTER I - GALLAUDET UNIVERSITY; NATIONAL TECHNICAL INSTITUTE

FOR THE DEAF

Part A - Gallaudet University

-HEAD-

Sec. 4303. Board of Trustees

-STATUTE-

(a) Composition of Board

(1) Gallaudet University shall be under the direction and control

of a Board of Trustees, composed of twenty-one members who shall

include -

(A) three public members of whom (i) one shall be a United

States Senator appointed by the President of the Senate, and (ii)

two shall be Representatives appointed by the Speaker of the

House of Representatives; and

(B) eighteen other members, all of whom shall be elected by the

Board of Trustees and of whom one shall be elected pursuant to

regulations of the Board of Trustees, on nomination by the

Gallaudet University Alumni Association, for a term of three

years.

(2) The members appointed from the Senate and House of

Representatives shall be appointed for a term of two years at the

beginning of each Congress, shall be eligible for reappointment,

and shall serve until their successors are appointed.

(3) The Board of Trustees shall have the power to fill any

vacancy in the membership of the Board except for public members.

Nine trustees shall constitute a quorum to transact business. The

Board of Trustees, by vote of a majority of its membership, is

authorized to remove any member of their body (except the public

members) who may refuse or neglect to discharge the duties of a

trustee, or whose removal would, in the judgment of said majority,

be to the interest and welfare of said corporation.

(b) Powers of Board

The Board of Trustees is authorized to -

(1) make such rules, policies, regulations, and bylaws, not

inconsistent with the Constitution and laws of the United States,

as may be necessary for the good government of Gallaudet

University, for the management of the property and funds of such

corporation (including the construction of buildings and other

facilities), and for the admission, instruction, care, and

discharge of students;

(2) provide for the adoption of a corporate seal and for its

use;

(3) fix the date of holding their annual and other meetings;

(4) appoint a president and establish policies, guidelines, and

procedures related to the appointments, the salaries, and the

dismissals of professors, instructors, and other employees of

Gallaudet University, including the adoption of a policy of

outreach and recruitment to employ and advance in employment

qualified individuals with disabilities, particularly individuals

who are deaf or hard of hearing;

(5) elect a chairperson and other officers and prescribe their

duties and terms of office, and appoint an executive committee to

consist of five members, and vest the committee with such of its

powers during periods between meetings of the Board as the Board

deems necessary;

(6) establish such schools, departments, and other units as the

Board of Trustees deems necessary to carry out the purpose of

Gallaudet University;

(7) confer such degrees and marks of honor as are conferred by

colleges and universities generally, and issue such diplomas and

certificates of graduation as, in its opinion, may be deemed

advisable, and consistent with academic standards;

(8) subject to section 4353 of this title, control expenditures

of all moneys appropriated by Congress for the benefit of

Gallaudet University; and

(9) control the expenditure and investment of any moneys or

funds or property which Gallaudet University may have or may

receive from sources other than appropriations by Congress.

-SOURCE-

(Pub. L. 99-371, title I, Sec. 103, Aug. 4, 1986, 100 Stat. 782;

Pub. L. 102-421, title I, Sec. 101(c), 111, Oct. 16, 1992, 106

Stat. 2152; Pub. L. 103-73, title II, Sec. 203(c), Aug. 11, 1993,

107 Stat. 733.)

-MISC1-

PRIOR PROVISIONS

Provisions similar to this section were contained in sections

691d and 691e of this title prior to repeal by Pub. L. 99-371.

AMENDMENTS

1993 - Subsec. (a). Pub. L. 103-73, Sec. 203(c)(1), in par. (1)

substituted ''members who shall include - '' for ''members selected

as follows:'' in introductory provisions and inserted comma after

''Association'' in subpar. (B), redesignated second sentence of

par. (1) as par. (2), and redesignated former par. (2) as (3).

Subsec. (b). Pub. L. 103-73, Sec. 203(c)(2), inserted comma after

''facilities)'' in par. (1), substituted ''or hard of hearing;''

for ''or individuals who are hard of hearing.'' in par. (4), and

struck out ''the provisions of'' before ''section 4353'' in par.

(8).

1992 - Subsec. (a)(1)(B). Pub. L. 102-421, Sec. 111(1), struck

out '', who on August 4, 1986, shall include those individuals

serving as nonpublic members of the Board of Trustees of Gallaudet

College immediately prior to August 4, 1986,'' after ''elected by

the Board of Trustees''.

Subsec. (b)(1). Pub. L. 102-421, Sec. 111(2)(A), inserted

''(including the construction of buildings and other facilities)''

after ''corporation''.

Subsec. (b)(4), (6). Pub. L. 102-421, Sec. 111(2)(B), (C),

amended pars. (4) and (6) generally. Prior to amendment, pars. (4)

and (6) read as follows:

''(4) appoint a president, professors, instructors, and other

necessary employees for Gallaudet University, delegate to them such

duties as it may deem advisable, fix their compensation, and remove

them when, in their judgment, the interest of Gallaudet University

shall require it;

''(6) establish such departments and other units, including a

department of higher learning for the deaf, a department of

elementary education for the instruction of deaf children, a

graduate department, and a research department, as the Board deems

necessary to carry out the purpose of Gallaudet University;''.

Subsec. (b)(8). Pub. L. 102-421, Sec. 101(c), made technical

amendment to reference to section 4353 of this title to reflect

change in reference to corresponding section of original act.

EFFECTIVE DATE OF 1992 AMENDMENT

Amendment by Pub. L. 102-421 effective Oct. 1, 1992, see section

161 of Pub. L. 102-421, set out as a note under section 4301 of

this title.

-CITE-

20 USC Sec. 4304 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 55 - EDUCATION OF THE DEAF

SUBCHAPTER I - GALLAUDET UNIVERSITY; NATIONAL TECHNICAL INSTITUTE

FOR THE DEAF

Part A - Gallaudet University

-HEAD-

Sec. 4304. Elementary and secondary education programs

-STATUTE-

(a) General authority

(1)(A) The Board of Trustees of Gallaudet University is

authorized, in accordance with the agreement under section 4305 of

this title, to maintain and operate exemplary elementary and

secondary education programs, projects, and activities for the

primary purpose of developing, evaluating, and disseminating

innovative curricula, instructional techniques and strategies, and

materials that can be used in various educational environments

serving individuals who are deaf or hard of hearing throughout the

Nation.

(B) The elementary and secondary education programs described in

subparagraph (A) shall serve students with a broad spectrum of

needs, including students who are lower achieving academically, who

come from non-English-speaking homes, who have secondary

disabilities, who are members of minority groups, or who are from

rural areas.

(C) The elementary and secondary education programs described in

subparagraph (A) shall include -

(i) the Kendall Demonstration Elementary School, to provide day

facilities for elementary education for students who are deaf

from the age of onset of deafness to age fifteen, inclusive, but

not beyond the eighth grade or its equivalent, to provide such

students with the vocational, transitional, independent living,

and related services they need to function independently, and to

prepare such students for high school and other secondary study;

and

(ii) the Model Secondary School for the Deaf, to provide day

and residential facilities for secondary education for students

who are deaf from grades nine through twelve, inclusive, to

provide such students with the vocational, transitional,

independent living, and related services they need to function

independently, and to prepare such students for college, other

postsecondary opportunities, or the workplace.

(2) The Model Secondary School for the Deaf may provide

residential facilities for students enrolled in the school -

(A) who live beyond a reasonable commuting distance from the

school; or

(B) for whom such residency is necessary for them to receive a

free appropriate public education within the meaning of part B of

the Individuals with Disabilities Education Act (20 U.S.C. 1411

et seq.).

(b) Administrative requirements

(1) The elementary and secondary education programs shall -

(A) provide technical assistance and outreach throughout the

Nation to meet the training and information needs of parents of

infants, children, and youth who are deaf or hard of hearing; and

(B) provide technical assistance and training to personnel for

use in teaching (i) students who are deaf or hard of hearing, in

various educational environments, and (ii) students who are deaf

or hard of hearing with a broad spectrum of needs as described in

subsection (a) of this section.

(2) To the extent possible, the elementary and secondary

education programs shall provide the services required under

paragraph (1)(B) in an equitable manner, based on the national

distribution of students who are deaf or hard of hearing in

educational environments as determined by the Secretary for

purposes of section 618(a)(1)(A) of the Individuals with

Disabilities Education Act (20 U.S.C. 1418(a)(1)(A)). Such

educational environments shall include -

(A) regular classes;

(B) resource rooms;

(C) separate classes;

(D) separate, public or private, nonresidential schools; and

(E) separate, public or private, residential schools and

homebound or hospital environments.

(3) If a local educational agency, educational service agency, or

State educational agency refers a child to, or places a child in,

one of the elementary or secondary education programs to meet its

obligation to make available a free appropriate public education

under part B of the Individuals with Disabilities Education Act (20

U.S.C. 1411 et seq.), the agency or unit shall be responsible for

ensuring that the special education and related services provided

to the child by the education program are in accordance with part B

of that Act and that the child is provided the rights and

procedural safeguards under section 615 of that Act (20 U.S.C.

1415).

(4) If the parents or guardian places a child in one of the

elementary or secondary education programs, the University shall -

(A) notify the appropriate local educational agency,

educational service agency, or State educational agency of that

child's attendance in the program;

(B) work with local educational agencies, educational service

agencies, and State educational agencies, where appropriate, to

ensure a smooth transfer of the child to and from that program;

and

(C) provide the child a free appropriate public education in

accordance with part B of the Individuals with Disabilities

Education Act (20 U.S.C. 1411 et seq.) and procedural safeguards

in accordance with the following provisions of section 615 of

such Act (20 U.S.C. 1415):

(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) (20 U.S.C. 1415(k)).

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

-SOURCE-

(Pub. L. 99-371, title I, Sec. 104, as added Pub. L. 102-421, title

I, Sec. 112, Oct. 16, 1992, 106 Stat. 2152; amended Pub. L. 103-73,

title II, Sec. 203(d), Aug. 11, 1993, 107 Stat. 733; Pub. L.

105-244, title IX, Sec. 912, Oct. 7, 1998, 112 Stat. 1829.)

-REFTEXT-

REFERENCES IN TEXT

The Individuals with Disabilities Education Act, referred to in

subsecs. (a)(2)(B) and (b)(3), (4)(C), is title VI of Pub. L.

91-230, Apr. 13, 1970, 84 Stat. 175, as amended. Part B of the Act

is classified generally to subchapter II (Sec. 1411 et seq.) of

chapter 33 of this title. For complete classification of this Act

to the Code, see section 1400 of this title and Tables.

-MISC2-

AMENDMENTS

1998 - Subsec. (b)(1). Pub. L. 105-244, Sec. 912(1), inserted

''and'' after semicolon in subpar. (A), substituted a period for

''; and'' at end of subpar. (B), and struck out subpar. (C) which

read as follows: ''establish and publish priorities for research,

development, and demonstration through a process that allows for

public input.''

Subsec. (b)(2). Pub. L. 105-244, Sec. 912(2), in introductory

provisions, substituted ''paragraph (1)(B)'' for ''paragraph (1)''

and ''section 618(a)(1)(A)'' for ''section 618(b)''.

Subsec. (b)(3). Pub. L. 105-244, Sec. 912(3), substituted

''educational service agency'' for ''intermediate educational

unit''.

Subsec. (b)(4)(A). Pub. L. 105-244, Sec. 912(4)(A), substituted

''educational service agency'' for ''intermediate educational

unit''.

Subsec. (b)(4)(B). Pub. L. 105-244, Sec. 912(4)(B), substituted

''educational service agencies'' for ''intermediate educational

units''.

Subsec. (b)(4)(C). Pub. L. 105-244, Sec. 912(5), amended subpar.

(C) generally. Prior to amendment, subpar. (C) read as follows:

''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) Subparagraphs (A), (C), (D), and (E) of paragraph (1) of

subsection (b), and paragraph (2) of such subsection.

''(ii) Subsection (d), except the portion of paragraph (4)

requiring that findings and decisions be transmitted to a State

advisory panel.

''(iii) Paragraphs (1) through (3) of subsection (e). Paragraph

(3) of such subsection is not applicable to a decision by the

University to refuse to admit or to dismiss a child, except that,

before dismissing any child, the University shall give at least

60 days notice to the child's parents and to the local

educational agency in which the child resides.

''(iv) Subsection (f).''

1993 - Pub. L. 103-73, Sec. 203(d)(1), substituted ''education''

for ''educational'' in section catchline.

Subsec. (a)(1). Pub. L. 103-73, Sec. 203(d)(2), in subpar. (A)

substituted ''deaf or hard'' for ''deaf and individuals who are

hard'', in subpar. (B) inserted ''education'' after ''elementary

and secondary'' and substituted ''non-English-speaking'' for

''non-English speaking'', and in subpar. (C), in introductory

provisions, inserted ''education'' after ''elementary and

secondary'', in cl. (i) substituted ''students'' for

''individuals'' wherever appearing and ''deaf from the age of onset

of deafness to age fifteen, inclusive, but not beyond the eighth

grade or its equivalent,'' for ''deaf,'', and in cl. (ii)

substituted ''students'' for ''individuals'' wherever appearing and

''deaf from grades nine through twelve, inclusive,'' for ''deaf,''.

Subsec. (b)(1). Pub. L. 103-73, Sec. 203(d)(3), substituted

''infants, children, and youth'' for ''infants and children'' in

subpar. (A) and a period for the semicolon at end of subpar. (C).

Subsec. (b)(4). Pub. L. 103-73, Sec. 203(d)(4), substituted

''program'' for ''programs'' in subpar. (A), ''the child to and

from that program'' for ''students to and from those programs'' in

subpar. (B), and ''a decision'' for ''decisions'' in subpar.

(C)(iii).

EFFECTIVE DATE OF 1998 AMENDMENT

Amendment by Pub. L. 105-244 effective Oct. 1, 1998, except as

otherwise provided in Pub. L. 105-244, see section 3 of Pub. L.

105-244, set out as a note under section 1001 of this title.

EFFECTIVE DATE

Section effective Oct. 1, 1992, see section 161 of Pub. L.

102-421, set out as an Effective Date of 1992 Amendment note under

section 4301 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 4359b of this title.

-CITE-

20 USC Sec. 4305 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 55 - EDUCATION OF THE DEAF

SUBCHAPTER I - GALLAUDET UNIVERSITY; NATIONAL TECHNICAL INSTITUTE

FOR THE DEAF

Part A - Gallaudet University

-HEAD-

Sec. 4305. Agreement with Gallaudet University

-STATUTE-

(a) General authority

The Secretary and Gallaudet University shall establish, and

periodically update, an agreement governing the operation and

national mission activities, including construction and provision

of equipment, of the elementary and secondary education programs at

the University. The Secretary or the University shall determine the

necessity for the periodic update described in the preceding

sentence.

(b) Provisions of agreement

The agreement shall -

(1) provide that Federal funds appropriated for the benefit of

the Kendall Demonstration Elementary School and the Model

Secondary School for the Deaf will be used only for the purposes

for which appropriated and in accordance with the applicable

provisions of this chapter and such agreement;

(2) provide that the University will make an annual report, to

be part of the report required under section 4354 of this title,

to the Secretary on the operations and national mission

activities of the elementary and secondary education programs,

including such other information as the Secretary may consider

necessary;

(3) provide that in the design and construction of any

facilities, maximum attention will be given to innovative

auditory and visual devices and installations appropriate for the

educational functions of such facilities;

(4) provide that any laborer or mechanic employed by any

contractor or subcontractor in the performance of work on any

construction aided by Federal funds appropriated for the benefit

of the Kendall Demonstration Elementary School or the Model

Secondary School for the Deaf will be paid wages at rates not

less than those prevailing on similar construction in the

locality as determined by the Secretary of Labor in accordance

with sections 3141-3144, 3146, and 3147 of title 40; except that

the Secretary of Labor shall have, with respect to the labor

standards specified in this paragraph, the authority and

functions set forth in Reorganization Plan Numbered 14 of 1950 (5

U.S.C. App.) and section 3145 of title 40; and

(5) include such other conditions as the Secretary or the

University considers necessary to carry out the purposes of this

part.

-SOURCE-

(Pub. L. 99-371, title I, Sec. 105, as added Pub. L. 102-421, title

I, Sec. 113, Oct. 16, 1992, 106 Stat. 2154; amended Pub. L. 103-73,

title II, Sec. 203(e), Aug. 11, 1993, 107 Stat. 734; Pub. L.

105-244, title IX, Sec. 913, Oct. 7, 1998, 112 Stat. 1830.)

-REFTEXT-

REFERENCES IN TEXT

Reorganization Plan Numbered 14 of 1950, referred to in subsec.

(b)(4), is set out in the Appendix to Title 5, Government

Organization and Employees.

-COD-

CODIFICATION

In subsec. (b)(4), ''sections 3141-3144, 3146, and 3147 of title

40'' substituted for ''the Act of March 3, 1931 (40 U.S.C. 276a -

276a-5) commonly referred to as the Davis-Bacon Act'' and ''section

3145 of title 40'' substituted for ''section 2 of the Act of June

13, 1934 (40 U.S.C. 276c)'' on authority of Pub. L. 107-217, Sec.

5(c), Aug. 21, 2002, 116 Stat. 1303, the first section of which

enacted Title 40, Public Buildings, Property, and Works.

-MISC3-

AMENDMENTS

1998 - Subsec. (a). Pub. L. 105-244 substituted ''and

periodically update, an'' for ''within 1 year after October 16,

1992, a new'' and ''The Secretary or the University shall determine

the necessity for the periodic update described in the preceding

sentence.'' for ''The Secretary and the University shall

periodically update the agreement as determined to be necessary by

the Secretary or the University.''

1993 - Subsec. (b)(2). Pub. L. 103-73, Sec. 203(e)(1),

substituted ''will'' for ''shall''.

Subsec. (b)(4). Pub. L. 103-73, Sec. 203(e)(2), substituted

''Elementary School or the Model'' for ''Elementary School and the

Model'' and ''except that the Secretary'' for ''and the

Secretary''.

EFFECTIVE DATE OF 1998 AMENDMENT

Amendment by Pub. L. 105-244 effective Oct. 1, 1998, except as

otherwise provided in Pub. L. 105-244, see section 3 of Pub. L.

105-244, set out as a note under section 1001 of this title.

EFFECTIVE DATE

Section effective Oct. 1, 1992, see section 161 of Pub. L.

102-421, set out as an Effective Date of 1992 Amendment note under

section 4301 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 4304, 4353 of this title.

-CITE-

20 USC Sec. 4311, 4321, 4322 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 55 - EDUCATION OF THE DEAF

SUBCHAPTER I - GALLAUDET UNIVERSITY; NATIONAL TECHNICAL INSTITUTE

FOR THE DEAF

Part A - Gallaudet University

-HEAD-

Sec. 4311, 4321, 4322. Repealed. Pub. L. 102-421, title I, Sec.

101(a)(1), Oct. 16, 1992, 106 Stat. 2151

-MISC1-

Section 4311, Pub. L. 99-371, title I, Sec. 111, Aug. 4, 1986,

100 Stat. 783; Pub. L. 101-476, title IX, Sec. 901(a)(2), Oct. 30,

1990, 104 Stat. 1142, related to authority of Gallaudet University

to maintain and operate the Kendall Demonstration Elementary

School.

Section 4321, Pub. L. 99-371, title I, Sec. 121, Aug. 4, 1986,

100 Stat. 783; Pub. L. 101-476, title IX, Sec. 901(a)(2), Oct. 30,

1990, 104 Stat. 1142, related to authority of Gallaudet University

to maintain and operate a model secondary school for the deaf.

Section 4322, Pub. L. 99-371, title I, Sec. 122, Aug. 4, 1986,

100 Stat. 784, authorized continuation of agreement with Gallaudet

University for model secondary school.

EFFECTIVE DATE OF REPEAL

Repeal effective Oct. 1, 1992, see section 161 of Pub. L.

102-421, set out as an Effective Date of 1992 Amendment note under

section 4301 of this title.

-CITE-

20 USC Part B - National Technical Institute for the Deaf 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 55 - EDUCATION OF THE DEAF

SUBCHAPTER I - GALLAUDET UNIVERSITY; NATIONAL TECHNICAL INSTITUTE

FOR THE DEAF

Part B - National Technical Institute for the Deaf

.

-HEAD-

Part B - National Technical Institute for the Deaf

-MISC1-

PRIOR PROVISIONS

A prior part B of subchapter I of this chapter, consisted of

section 4311 of this title, prior to repeal by Pub. L. 102-421,

title I, Sec. 101(a)(1), Oct. 16, 1992, 106 Stat. 2151.

-SECREF-

PART REFERRED TO IN OTHER SECTIONS

This part is referred to in section 4359 of this title.

-CITE-

20 USC Sec. 4331 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 55 - EDUCATION OF THE DEAF

SUBCHAPTER I - GALLAUDET UNIVERSITY; NATIONAL TECHNICAL INSTITUTE

FOR THE DEAF

Part B - National Technical Institute for the Deaf

-HEAD-

Sec. 4331. Authority

-STATUTE-

For the purpose of providing a residential facility for

postsecondary technical training and education for individuals who

are deaf in order to prepare them for successful employment, the

institution of higher education with which the Secretary has an

agreement under this part is authorized to operate and maintain a

National Technical Institute for the Deaf.

-SOURCE-

(Pub. L. 99-371, title I, Sec. 111, formerly title II, Sec. 201,

Aug. 4, 1986, 100 Stat. 784; renumbered title I, Sec. 111, Pub. L.

102-421, title I, Sec. 101(b)(3), (4), Oct. 16, 1992, 106 Stat.

2151; Pub. L. 103-73, title II, Sec. 203(f), Aug. 11, 1993, 107

Stat. 734.)

-MISC1-

AMENDMENTS

1993 - Pub. L. 103-73 substituted ''part'' for ''subchapter''.

PRIOR PROVISIONS

A prior section 111 of Pub. L. 99-371, title I, Aug. 4, 1986, 100

Stat. 783, as amended, authorized Gallaudet University to operate

Kendall Demonstration Elementary School and was classified to

section 4311 of this title, prior to repeal by Pub. L. 102-421.

Provisions similar to this section were contained in section 681

of this title prior to repeal by Pub. L. 99-371.

-CITE-

20 USC Sec. 4332 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 55 - EDUCATION OF THE DEAF

SUBCHAPTER I - GALLAUDET UNIVERSITY; NATIONAL TECHNICAL INSTITUTE

FOR THE DEAF

Part B - National Technical Institute for the Deaf

-HEAD-

Sec. 4332. Agreement for National Technical Institute for the Deaf

-STATUTE-

(a) General authority

(1) The Secretary is authorized to establish or continue an

agreement with an institution of higher education for the

establishment and operation, including construction and equipment,

of a National Technical Institute for the Deaf. The Secretary, in

considering proposals from institutions of higher education to

enter into an agreement under this part, shall give preference to

institutions which are located in metropolitan industrial areas.

(2) The Secretary and the institution of higher education with

which the Secretary has an agreement under this section -

(A) shall periodically assess the need for modification of the

agreement; and

(B) shall periodically update the agreement as determined

necessary by the Secretary or the institution.

(b) Provisions of agreement

The agreement shall -

(1) provide that Federal funds appropriated for the benefit of

NTID will be used only for the purposes for which appropriated

and in accordance with the applicable provisions of this chapter

and the agreement made pursuant thereto;

(2) provide that the Board of Trustees or other governing body

of the institution, subject to the approval of the Secretary,

will appoint an advisory group to advise the Director of NTID in

formulating and carrying out the basic policies governing its

establishment and operation, which group shall include

individuals who are professionally concerned with education and

technical training at the postsecondary school level, persons who

are professionally concerned with activities relating to

education and training of individuals who are deaf, and members

of the public familiar with the need for services provided by

NTID;

(3) provide that the Board of Trustees or other governing body

of the institution will prepare and submit to the Secretary, not

later than June 1 following the fiscal year for which the report

is submitted, an annual report containing an accounting of all

indirect costs paid to the institution of higher education under

the agreement with the Secretary, which accounting the Secretary

shall transmit to the Committee on Education and Labor of the

House of Representatives and to the Committee on Labor and Human

Resources of the Senate, with such comments and recommendations

as the Secretary may deem appropriate;

(4) include such other conditions as the Secretary deems

necessary to carry out the purposes of this part;

(5) provide that any laborer or mechanic employed by any

contractor or subcontractor in the performance of work on any

construction aided by Federal funds appropriated for the benefit

of NTID will be paid wages at rates not less than those

prevailing on similar construction in the locality as determined

by the Secretary of Labor in accordance with sections 3141-3144,

3146, and 3147 of title 40; except that the Secretary of Labor

shall have, with respect to the labor standards specified in this

paragraph, the authority and functions set forth in

Reorganization Plan Numbered 14 of 1950 (5 U.S.C. App.) and

section 3145 of title 40; and

(6) establish a policy of outreach and recruitment to employ

and advance in employment qualified individuals with

disabilities, particularly individuals who are deaf or hard of

hearing.

(c) Limitation

If, within twenty years after the completion of any construction

(except minor remodeling or alteration) for which such funds have

been paid -

(1) the facility ceases to be used for the purposes for which

it was constructed or the agreement is terminated, unless the

Secretary determines that there is good cause for releasing the

institution from its obligation, or

(2) the institution ceases to be the owner of the facility,

the United States shall be entitled to recover from the applicant

or other owner of the facility an amount which has the same ratio

with respect to the current market value of the facility as the

amount of Federal funds expended for construction of such facility

bears to the total cost of construction of the facility. The

current market value of the facility shall be determined by

agreement of the parties or by action brought in the United States

district court for the district in which the facility is situated.

-SOURCE-

(Pub. L. 99-371, title I, Sec. 112, formerly title II, Sec. 202,

Aug. 4, 1986, 100 Stat. 785; renumbered title I, Sec. 112, and

amended Pub. L. 102-421, title I, Sec. 101(b)(3), (4), 121,

151(a)(4), Oct. 16, 1992, 106 Stat. 2151, 2155, 2164; Pub. L.

103-73, title II, Sec. 202, 203(g), Aug. 11, 1993, 107 Stat. 732,

734; Pub. L. 105-244, title IX, Sec. 914, Oct. 7, 1998, 112 Stat.

1830.)

-REFTEXT-

REFERENCES IN TEXT

Reorganization Plan Numbered 14 of 1950, referred to in subsec.

(b)(5), is set out in the Appendix to Title 5, Government

Organization and Employees.

-COD-

CODIFICATION

In subsec. (b)(5), ''sections 3141-3144, 3146, and 3147 of title

40'' substituted for ''the Act of March 3, 1931 (40 U.S.C. 276a -

276a-5) commonly referred to as the Davis-Bacon Act'' and ''section

3145 of title 40'' substituted for ''section 2 of the Act of June

13, 1934 (40 U.S.C. 276c)'' on authority of Pub. L. 107-217, Sec.

5(c), Aug. 21, 2002, 116 Stat. 1303, the first section of which

enacted Title 40, Public Buildings, Property, and Works.

-MISC3-

PRIOR PROVISIONS

Provisions similar to this section were contained in section 684

of this title prior to repeal by Pub. L. 99-371.

AMENDMENTS

1998 - Subsec. (a)(2). Pub. L. 105-244 amended par. (2)

generally. Prior to amendment, par. (2) read as follows: ''The

Secretary and the institution of higher education with which the

Secretary has an agreement under this section shall, within 1 year

after October 16, 1992, assess the need for modification of the

agreement. The Secretary and the institution of higher education

with which the Secretary has an agreement under this section shall

also periodically update the agreement as determined to be

necessary by the Secretary or the institution.''

1993 - Pub. L. 103-73, Sec. 203(g)(1), substituted ''National

Technical Institute for the Deaf'' for ''Institute'' in section

catchline.

Subsec. (a)(1). Pub. L. 103-73, Sec. 203(g)(2)(A), substituted

''part'' for ''chapter''.

Subsec. (a)(2). Pub. L. 103-73, Sec. 203(g)(2)(B), in first

sentence struck out comma after ''The Secretary'' and after ''this

section''.

Subsec. (b)(1), (2). Pub. L. 103-73, Sec. 202, substituted

''NTID'' for ''the Institute'' wherever appearing.

Subsec. (b)(3). Pub. L. 103-73, Sec. 203(g)(3)(A), substituted

''Secretary, not later than June 1 following the fiscal year for

which the report is submitted, an annual report containing'' for

''Secretary an annual report, including'', ''which accounting'' for

''which report'', and ''Representatives'' for ''Representatives,''.

Subsec. (b)(4). Pub. L. 103-73, Sec. 203(g)(3)(B), struck out

''and'' at end of par. (4).

Subsec. (b)(5). Pub. L. 103-73, Sec. 203(g)(3)(C), substituted

''except that the Secretary'' for ''and the Secretary'' and '';

and'' for period at end.

Pub. L. 103-73, Sec. 202, substituted ''NTID'' for ''the

Institute''.

Subsec. (b)(6). Pub. L. 103-73, Sec. 203(g)(3)(D), substituted

''or hard of hearing'' for ''or individuals who are hard of

hearing''.

Subsec. (c). Pub. L. 103-73, Sec. 203(g)(4), inserted a comma

after ''If''.

1992 - Subsec. (a). Pub. L. 102-421, Sec. 121(1), designated

existing provisions as par. (1) and added par. (2).

Subsec. (b)(2). Pub. L. 102-421, Sec. 151(a)(4), substituted

''individuals who are deaf'' for ''the deaf''.

Subsec. (b)(3). Pub. L. 102-421, Sec. 121(2), substituted ''will

prepare and submit to the Secretary an annual report, including an

accounting of all indirect costs paid to the institution of higher

education under the agreement with the Secretary, which report the

Secretary shall transmit to the Committee on Education and Labor of

the House of Representatives, and to the Committee on Labor and

Human Resources of the Senate,'' for ''will make an annual report

together with an accounting of all indirect costs paid to the

institution of higher education under the agreement to the

Secretary, which the Secretary shall transmit to the Congress''.

Subsec. (b)(6). Pub. L. 102-421, Sec. 121(3), added par. (6).

-CHANGE-

CHANGE OF NAME

Committee on Education and Labor of House of Representatives

treated as referring to Committee on Economic and Educational

Opportunities of House of Representatives by section 1(a) of Pub.

L. 104-14, set out as a note preceding section 21 of Title 2, The

Congress. Committee on Economic and Educational Opportunities of

House of Representatives changed to Committee on Education and the

Workforce of House of Representatives by House Resolution No. 5,

One Hundred Fifth Congress, Jan. 7, 1997.

-MISC4-

EFFECTIVE DATE OF 1998 AMENDMENT

Amendment by Pub. L. 105-244 effective Oct. 1, 1998, except as

otherwise provided in Pub. L. 105-244, see section 3 of Pub. L.

105-244, set out as a note under section 1001 of this title.

EFFECTIVE DATE OF 1992 AMENDMENT

Amendment by Pub. L. 102-421 effective Oct. 1, 1992, see section

161 of Pub. L. 102-421, set out as a note under section 4301 of

this title.

ESTABLISHMENT OF INSTITUTE

Pursuant to an agreement entered into between the Secretary and

the Rochester Institute of Technology on Dec. 20, 1966, the

National Technical Institute for the Deaf (N.T.I.D.) was

established and located at Rochester, New York.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 4353, 4354, 4357 of this

title.

-CITE-

20 USC Sec. 4341 to 4344 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 55 - EDUCATION OF THE DEAF

SUBCHAPTER I - GALLAUDET UNIVERSITY; NATIONAL TECHNICAL INSTITUTE

FOR THE DEAF

Part B - National Technical Institute for the Deaf

-HEAD-

Sec. 4341 to 4344. Repealed. Pub. L. 102-421, title I, Sec.

101(a)(2), Oct. 16, 1992, 106 Stat. 2151

-MISC1-

Section 4341, Pub. L. 99-371, title III, Sec. 301, Aug. 4, 1986,

100 Stat. 786, established Commission on Education of the Deaf.

Section 4342, Pub. L. 99-371, title III, Sec. 302, Aug. 4, 1986,

100 Stat. 786; Pub. L. 101-476, title IX, Sec. 901(a)(2), Oct. 30,

1990, 104 Stat. 1142, outlined duties of Commission and provided

for reports to Congress.

Section 4343, Pub. L. 99-371, title III, Sec. 303, Aug. 4, 1986,

100 Stat. 787, related to personnel of Commission, hearings,

quorums, consultation with other entities, information and

statistics, and agency cooperation.

Section 4344, Pub. L. 99-371, title III, Sec. 304, Aug. 4, 1986,

100 Stat. 788, provided for compensation of members of Commission.

EFFECTIVE DATE OF REPEAL

Repeal effective Oct. 1, 1992, see section 161 of Pub. L.

102-421, set out as an Effective Date of 1992 Amendment note under

section 4301 of this title.

-CITE-

20 USC SUBCHAPTER II - GENERAL PROVISIONS 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 55 - EDUCATION OF THE DEAF

SUBCHAPTER II - GENERAL PROVISIONS

.

-HEAD-

SUBCHAPTER II - GENERAL PROVISIONS

-MISC1-

PRIOR PROVISIONS

A prior subchapter II of this chapter, consisting of sections

4331 and 4332 of this title, was redesignated part B of subchapter

I of this chapter by Pub. L. 102-421, title I, Sec. 101(b)(3), Oct.

16, 1992, 106 Stat. 2151.

-CITE-

20 USC Sec. 4351 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 55 - EDUCATION OF THE DEAF

SUBCHAPTER II - GENERAL PROVISIONS

-HEAD-

Sec. 4351. Definitions

-STATUTE-

As used in this chapter -

(1) The term ''international student'' means an individual who

-

(A) is not a citizen or national of, or lawfully admitted for

permanent residence in, the United States;

(B) does not provide evidence from the Immigration and

Naturalization Service that he or she is in the United States

for other than temporary purposes with the intention of

becoming a citizen of, or lawfully admitted for permanent

residence in, the United States; and

(C) is not lawfully admitted for permanent residence in

American Samoa, Guam, the Commonwealth of the Northern Mariana

Islands, the Commonwealth of Puerto Rico, or the Virgin

Islands.

(2) The term ''construction'' includes construction and initial

equipment of new buildings, and expansion, remodeling, and

alteration of existing buildings and equipment therein, including

architect's services, but excluding off-site improvements.

(3) The term ''institution of higher education'' means an

educational institution in any State which (A) admits as regular

students only individuals having a certificate of graduation from

a school providing secondary education, or the recognized

equivalent of such a certificate; (B) is legally authorized

within such State to provide a program of education beyond

secondary education; (C) provides an educational program for

which it awards a bachelor's degree; (D) includes one or more

professional or graduate schools; (E) is a public or nonprofit

private institution; and (F) is accredited by a nationally

recognized accrediting agency or association. For the purpose of

subparagraph (F), the Secretary shall publish a list of

nationally recognized accrediting agencies or associations which

the Secretary determines to be reliable authority as to the

quality of training offered.

(4) The term ''Secretary'' means the Secretary of Education.

(5) The term ''State'' means each of the several States, the

District of Columbia, the Commonwealth of Puerto Rico, Guam,

American Samoa, the Virgin Islands, and the Commonwealth of the

Northern Mariana Islands.

(6) The term ''NTID'' means the National Technical Institute

for the Deaf.

(7) The term ''University'' means Gallaudet University.

-SOURCE-

(Pub. L. 99-371, title II, Sec. 201, formerly title IV, Sec. 401,

Aug. 4, 1986, 100 Stat. 789; renumbered title II, Sec. 201, and

amended Pub. L. 102-421, title I, Sec. 101(b)(5), (6), 131,

151(a)(3), (b), Oct. 16, 1992, 106 Stat. 2151, 2155, 2164; Pub. L.

103-73, title II, Sec. 204(a), Aug. 11, 1993, 107 Stat. 734; Pub.

L. 105-244, title IX, Sec. 915, Oct. 7, 1998, 112 Stat. 1830.)

-MISC1-

PRIOR PROVISIONS

A prior section 201 of Pub. L. 99-371 was renumbered section 111

and is classified to section 4331 of this title.

Provisions similar to this section were contained in sections

682, 693a, and 695a of this title prior to repeal by Pub. L.

99-371.

AMENDMENTS

1998 - Par. (1)(C). Pub. L. 105-244, Sec. 915(1), struck out

''Palau (but only until the Compact of Free Association with Palau

takes effect),'' after ''Guam,''.

Par. (5). Pub. L. 105-244, Sec. 915(2), inserted ''and'' after

''Virgin Islands,'' and struck out '', and Palau (but only until

the Compact of Free Association with Palau takes effect)'' after

''Mariana Islands''.

1993 - Pub. L. 103-73 substituted ''and'' for ''or'' at end of

par. (1)(B), redesignated pars. (4) and (6) to (9) as (3) to (7),

respectively, and struck out former pars. (3) and (5) which defined

''elementary school'' and ''secondary school'', respectively.

1992 - Par. (1). Pub. L. 102-421, Sec. 131(1), added par. (1) and

struck out former par. (1) which read as follows: ''The term 'Board

of Trustees' means (unless the context requires otherwise) the

Board of Trustees of Gallaudet University established under section

4303 of this title.''

Par. (2). Pub. L. 102-421, Sec. 151(b)(1), substituted

''therein'' for ''thereof''.

Par. (3). Pub. L. 102-421, Sec. 151(a)(3), (b)(2), substituted

''children who are deaf or hard-of-hearing'' for ''deaf children''.

Par. (4). Pub. L. 102-421, Sec. 151(b)(3), substituted a

semicolon for last comma in subpars. (A) to (E) of first sentence

and ''subparagraph'' for ''clause'' in second sentence.

Pub. L. 102-421, Sec. 131(2), redesignated par. (5) as (4) and

struck out former par. (4) which read as follows: ''The term

'Institute' means the National Technical Institute for the Deaf.''

Pars. (5), (6). Pub. L. 102-421, Sec. 131(2)(B), redesignated

pars. (6) and (7) as (5) and (6), respectively. Former par. (5)

redesignated (4).

Par. (7). Pub. L. 102-421, Sec. 131(2)(B), (3), redesignated par.

(8) as (7) and substituted ''the Commonwealth of the Northern

Mariana Islands, and Palau (but only until the Compact of Free

Association with Palau takes effect).'' for ''the Northern Mariana

Islands and the Trust Territory of the Pacific Islands.''. Former

par. (7) redesignated (6).

Pars. (8), (9). Pub. L. 102-421, Sec. 131(2)(B), (4), added pars.

(8) and (9) and redesignated former par. (8) as (7).

EFFECTIVE DATE OF 1998 AMENDMENT

Amendment by Pub. L. 105-244 effective Oct. 1, 1998, except as

otherwise provided in Pub. L. 105-244, see section 3 of Pub. L.

105-244, set out as a note under section 1001 of this title.

EFFECTIVE DATE OF 1992 AMENDMENT

Amendment by Pub. L. 102-421 effective Oct. 1, 1992, see section

161 of Pub. L. 102-421, set out as a note under section 4301 of

this title.

-TRANS-

ABOLITION OF IMMIGRATION AND NATURALIZATION SERVICE AND TRANSFER OF

FUNCTIONS

For abolition of Immigration and Naturalization Service, transfer

of functions, and treatment of related references, see note set out

under section 1551 of Title 8, Aliens and Nationality.

-CITE-

20 USC Sec. 4352 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 55 - EDUCATION OF THE DEAF

SUBCHAPTER II - GENERAL PROVISIONS

-HEAD-

Sec. 4352. Gifts

-STATUTE-

The University and NTID are authorized to receive by gift,

devise, bequest, purchase, or otherwise, property, both real and

personal, for the use of the University or NTID, or for the use, as

appropriate, for any programs, departments, or other units as may

be designated in the conveyance or will, and to hold, invest, use,

or dispose of such property for the purpose stated in the

conveyance or will.

-SOURCE-

(Pub. L. 99-371, title II, Sec. 202, formerly title IV, Sec. 402,

Aug. 4, 1986, 100 Stat. 789; renumbered title II, Sec. 202, and

amended Pub. L. 102-421, title I, Sec. 101(b)(5), (6), 132, Oct.

16, 1992, 106 Stat. 2151, 2156.)

-MISC1-

PRIOR PROVISIONS

A prior section 202 of Pub. L. 99-371 was renumbered section 112

and is classified to section 4332 of this title.

Provisions similar to subsec. (a) of this section were contained

in section 691c of this title prior to repeal by Pub. L. 99-371.

AMENDMENTS

1992 - Pub. L. 102-421, Sec. 132, amended section generally.

Prior to amendment, section read as follows:

''(a) Gallaudet University. - Gallaudet University is authorized

to receive by gift, devise, bequest, purchase, or otherwise,

property, both real and personal, for the use of Gallaudet

University, or for the use of any of its departments or other units

as may be designated in the conveyance or will, and to hold,

invest, use, or dispose of such property for the purpose stated in

the conveyance or will.

''(b) National Technical Institute for the Deaf. - The National

Technical Institute for the Deaf is authorized to receive by gift,

devise, bequest, purchase, or otherwise, property, both real and

personal, for the use of the Institute, or for the use of any of

its programs as may be designated in the conveyance or will, and to

hold, invest, use, or dispose of such property for the purpose

stated in the conveyance or will.''

EFFECTIVE DATE OF 1992 AMENDMENT

Amendment by Pub. L. 102-421 effective Oct. 1, 1992, see section

161 of Pub. L. 102-421, set out as a note under section 4301 of

this title.

-CITE-

20 USC Sec. 4353 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 55 - EDUCATION OF THE DEAF

SUBCHAPTER II - GENERAL PROVISIONS

-HEAD-

Sec. 4353. Audit

-STATUTE-

(a) General Accounting Office authority

All financial transactions and accounts of the corporation or

institution of higher education, as the case may be, in connection

with the expenditure of any moneys appropriated by any law of the

United States -

(1) for the benefit of Gallaudet University or for the

construction of facilities for its use; or

(2) for the benefit of the National Technical Institute for the

Deaf or for the construction of facilities for its use,

shall be settled and adjusted in the General Accounting Office.

(b) Independent financial and compliance audit

(1) In general

Gallaudet University shall have an annual independent financial

and compliance audit made of the programs and activities of the

University, including the national mission and school operations

of the elementary and secondary education programs at Gallaudet.

The institution of higher education with which the Secretary has

an agreement under section 4332 of this title shall have an

annual independent financial and compliance audit made of the

programs and activities of such institution of higher education,

including NTID, and containing specific schedules and analyses

for all NTID funds, as determined by the Secretary.

(2) Compliance

As used in paragraph (1), compliance means compliance with

sections 4302(b), 4305(b)(4), 4332(b)(5) of this title, and

subsection (c) of this section, paragraphs (2) and (3) (FOOTNOTE

1) of section 4357(b) of this title, subsections (b)(2), (b)(3),

(FOOTNOTE 1) and (c) through (f), of section 4357 of this title,

and subsections (b) and (c) of section 4359a (FOOTNOTE 1) of this

title.

(FOOTNOTE 1) See References in Text note below.

(3) Submission of audits

A copy of each audit described in paragraph (1) shall be

provided to the Secretary within 15 days of acceptance of the

audit by the University or the institution authorized to

establish and operate the NTID under section 4332(a) of this

title, as the case may be, but not later than January 10 of each

year.

(c) Limitations regarding expenditure of funds

(1) In general

No funds appropriated under this chapter for Gallaudet

University, including the Kendall Demonstration Elementary School

and the Model Secondary School for the Deaf, or for the National

Technical Institute for the Deaf may be expended on the

following:

(A) Alcoholic beverages.

(B) Goods or services for personal use.

(C) Housing and personal living expenses (but only to the

extent such expenses are not required by written employment

agreement).

(D) Lobbying, except that nothing in this subparagraph shall

be construed to prohibit the University and NTID from educating

the Congress, the Secretary, and others regarding programs,

projects, and activities conducted at those institutions.

(E) Membership in country clubs and social or dining clubs

and organizations.

(2) Policies

(A) Not later than 180 days after October 16, 1992, the

University and NTID shall develop policies, to be applied

uniformly, for the allowability of expenditures for each

institution. These policies should reflect the unique nature of

these institutions. The principles established by the Office of

Management and Budget for costs of educational institutions may

be used as guidance in developing these policies. General

principles relating to allowability and reasonableness of all

costs associated with the operations of the institutions shall be

addressed. These policies shall be submitted to the Secretary

for review and comments, and to the Committee on Education and

Labor of the House of Representatives and the Committee on Labor

and Human Resources of the Senate.

(B) Policies under subparagraph (A) shall include the

following:

(i) Noninstitutional professional activities.

(ii) Fringe benefits.

(iii) Interest on loans.

(iv) Rental cost of buildings and equipment.

(v) Sabbatical leave.

(vi) Severance pay.

(vii) Travel.

(viii) Royalties and other costs for uses of patents.

(C) The Secretary is not authorized to add items to those

specified in subparagraph (B).

-SOURCE-

(Pub. L. 99-371, title II, Sec. 203, formerly title IV, Sec. 403,

Aug. 4, 1986, 100 Stat. 790; renumbered title II, Sec. 203, and

amended Pub. L. 102-421, title I, Sec. 101(b)(5), (6), 133, Oct.

16, 1992, 106 Stat. 2151, 2156; Pub. L. 103-73, title II, Sec. 202,

204(b), Aug. 11, 1993, 107 Stat. 732, 734; Pub. L. 105-244, title

IX, Sec. 916, Oct. 7, 1998, 112 Stat. 1830.)

-REFTEXT-

REFERENCES IN TEXT

Section 4357(b)(3) of this title, referred to in subsec. (b)(2),

was repealed by Pub. L. 105-244, title IX, Sec. 919(1)(B), Oct. 7,

1998, 112 Stat. 1831.

Section 4359a of this title, referred to in subsec. (b)(2), was

in the original ''section 210'', meaning section 210 of Pub. L.

99-371, and was translated as reading section 209 of Pub. L. 99-371

to reflect the probable intent of Congress, because Pub. L.

105-244, title IX, Sec. 922(b), 923, Oct. 7, 1998, 112 Stat. 1831,

renumbered section 210 of Pub. L. 99-371 as section 209, and added

a new section 210 which is classified to section 4359b of this

title and does not contain a subsec. (c).

-MISC2-

PRIOR PROVISIONS

Provisions similar to this section were contained in section 691f

of this title prior to repeal by Pub. L. 99-371.

AMENDMENTS

1998 - Subsec. (b). Pub. L. 105-244 amended heading and text of

subsec. (b) generally. Prior to amendment, text read as follows:

''Gallaudet University shall have an annual independent financial

audit made of the programs and activities of the University. The

institution of higher education with which the Secretary has an

agreement under section 4332 of this title shall have an annual

independent financial audit made of the programs and activities of

such institution of higher education, including NTID, and

containing specific schedules and analyses for all NTID funds, as

determined by the Secretary.''

1993 - Subsec. (b). Pub. L. 103-73, Sec. 204(b), amended subsec.

(b) generally. Prior to amendment, subsec. (b) read as follows:

''Gallaudet University and the institution of higher education

operating the National Technical Institute for the Deaf shall have

an annual independent audit made of the programs and activities of

the University and of NTID, respectively.''

Pub. L. 103-73, Sec. 202, substituted ''NTID'' for ''the

Institute''.

1992 - Subsec. (c). Pub. L. 102-421, Sec. 133, added subsec. (c).

-CHANGE-

CHANGE OF NAME

Committee on Education and Labor of House of Representatives

treated as referring to Committee on Economic and Educational

Opportunities of House of Representatives by section 1(a) of Pub.

L. 104-14, set out as a note preceding section 21 of Title 2, The

Congress. Committee on Economic and Educational Opportunities of

House of Representatives changed to Committee on Education and the

Workforce of House of Representatives by House Resolution No. 5,

One Hundred Fifth Congress, Jan. 7, 1997.

-MISC4-

EFFECTIVE DATE OF 1998 AMENDMENT

Amendment by Pub. L. 105-244 effective Oct. 1, 1998, except as

otherwise provided in Pub. L. 105-244, see section 3 of Pub. L.

105-244, set out as a note under section 1001 of this title.

EFFECTIVE DATE OF 1992 AMENDMENT

Amendment by Pub. L. 102-421 effective Oct. 1, 1992, see section

161 of Pub. L. 102-421, set out as a note under section 4301 of

this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 4303, 4354 of this title.

-CITE-

20 USC Sec. 4354 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 55 - EDUCATION OF THE DEAF

SUBCHAPTER II - GENERAL PROVISIONS

-HEAD-

Sec. 4354. Reports

-STATUTE-

The Board of Trustees of Gallaudet University and the Board of

Trustees or other governing body of the institution of higher

education with which the Secretary has an agreement under section

4332 of this title shall prepare and submit an annual report to the

Secretary, and to the Committee on Education and Labor of the House

of Representatives and the Committee on Labor and Human Resources

of the Senate, not later than 100 days after the end of each fiscal

year, which shall include the following:

(1) The number of students during the preceding academic year

who enrolled and whether these were first-time enrollments, who

graduated, who found employment, or who left without completing a

program of study, reported under each of the programs of the

University (elementary, secondary, preparatory, undergraduate,

and graduate) and of NTID.

(2) For the preceding academic year, and to the extent

possible, the following data on individuals who are deaf and from

minority backgrounds and who are students (at all educational

levels) or employees:

(A) The number of students enrolled full- and part-time.

(B) The number of these students who completed or graduated

from each of the educational programs.

(C) The disposition of these students upon

graduation/completion of programs at NTID and at the University

and its elementary and secondary schools in comparison to

students from non-minority backgrounds.

(D) The number of students needing and receiving support

services (such as tutoring and counseling) at all educational

levels.

(E) The number of recruitment activities by type and location

for all educational levels.

(F) Employment openings/vacancies and grade level/type of job

and number of these individuals that applied and that were

hired.

(G) Strategies (such as parent groups and training classes in

the development of individualized education programs) used by

the elementary and secondary programs and the extension centers

to reach and actively involve minority parents in the

educational programs of their children who are deaf or hard of

hearing and the number of parents who have been served as a

result of these activities.

(3)(A) A summary of the annual audited financial statements and

auditor's report of the University, as required under section

4353 of this title, and (B) a summary of the annual audited

financial statements and auditor's report of the institution of

higher education with which the Secretary has an agreement under

section 4332 of this title, including specific schedules and

analyses for all NTID funds, as required under section 4353 of

this title, and such supplementary schedules presenting financial

information for NTID for the end of the Federal fiscal year as

determined by the Secretary.

(4) For the preceding fiscal year, a statement showing the

receipts of the University and NTID and from what Federal

sources, and a statement showing the expenditures of each

institution by function, activity, and administrative and

academic unit.

(5) A statement showing the use of funds (both corpus and

income) provided by the Federal Endowment Program under section

4357 of this title.

(6) A statement showing how such Endowment Program funds are

invested, what the gains or losses (both realized and unrealized)

on such investments were for the most recent fiscal year, and

what changes were made in investments during that year.

(7) Such additional information as the Secretary may consider

necessary.

-SOURCE-

(Pub. L. 99-371, title II, Sec. 204, formerly title IV, Sec. 404,

Aug. 4, 1986, 100 Stat. 790; renumbered title II, Sec. 204, and

amended Pub. L. 102-421, title I, Sec. 101(b)(5), (6), 134, Oct.

16, 1992, 106 Stat. 2151, 2157; Pub. L. 103-73, title II, Sec.

204(c), Aug. 11, 1993, 107 Stat. 735; Pub. L. 105-244, title IX,

Sec. 917, Oct. 7, 1998, 112 Stat. 1831.)

-MISC1-

PRIOR PROVISIONS

Provisions similar to this section were contained in section 691f

of this title prior to repeal by Pub. L. 99-371.

AMENDMENTS

1998 - Par. (3). Pub. L. 105-244 substituted ''A summary of the

annual'' for ''The annual'' in subpar. (A) and substituted ''a

summary of the annual'' for ''the annual'' in subpar. (B).

1993 - Par. (1). Pub. L. 103-73, Sec. 204(c)(1), substituted

''first-time'' for ''first time''.

Par. (2)(G). Pub. L. 103-73, Sec. 204(c)(2), substituted

''individualized education programs'' for ''Individualized

Education Programs'' and ''children who are deaf or hard of

hearing'' for ''children who are deaf''.

Par. (3). Pub. L. 103-73, Sec. 204(c)(3), amended par. (3)

generally. Prior to amendment, par. (3) read as follows: ''The

annual audited financial statements of the University and NTID,

respectively, together with the auditor's report.''

Par. (6). Pub. L. 103-73, Sec. 204(c)(4), substituted ''Program

funds are'' for ''Program is''.

1992 - Pub. L. 102-421, Sec. 134, amended section generally,

substituting present provisions for provisions requiring annual

reports from Board of Trustees of Gallaudet University and National

Technical Institute for the Deaf and providing for an annual

monitoring and evaluation report.

-CHANGE-

CHANGE OF NAME

Committee on Education and Labor of House of Representatives

treated as referring to Committee on Economic and Educational

Opportunities of House of Representatives by section 1(a) of Pub.

L. 104-14, set out as a note preceding section 21 of Title 2, The

Congress. Committee on Economic and Educational Opportunities of

House of Representatives changed to Committee on Education and the

Workforce of House of Representatives by House Resolution No. 5,

One Hundred Fifth Congress, Jan. 7, 1997.

-MISC4-

EFFECTIVE DATE OF 1998 AMENDMENT

Amendment by Pub. L. 105-244 effective Oct. 1, 1998, except as

otherwise provided in Pub. L. 105-244, see section 3 of Pub. L.

105-244, set out as a note under section 1001 of this title.

EFFECTIVE DATE OF 1992 AMENDMENT

Amendment by Pub. L. 102-421 effective Oct. 1, 1992, see section

161 of Pub. L. 102-421, set out as a note under section 4301 of

this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 4305 of this title.

-CITE-

20 USC Sec. 4355 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 55 - EDUCATION OF THE DEAF

SUBCHAPTER II - GENERAL PROVISIONS

-HEAD-

Sec. 4355. Monitoring, evaluation, and reporting

-STATUTE-

(a) Activities

The Secretary shall conduct monitoring and evaluation activities

of the education programs and activities and the administrative

operations of the University (including the elementary, secondary,

preparatory, undergraduate, and graduate programs) and of NTID. The

Secretary may also conduct studies related to the provision of

preschool, elementary, secondary, and postsecondary education and

other related services to individuals who are deaf or hard of

hearing. In carrying out the responsibilities described in this

section, the Secretary is authorized to employ such consultants as

may be necessary pursuant to section 3109 of title 5.

(b) Report

The Secretary, as part of the annual report required under

section 3486 of this title, shall include a description of the

monitoring and evaluation activities pursuant to subsection (a) of

this section, together with such recommendations, including

recommendations for legislation, as the Secretary may consider

necessary.

(c) Authorization of appropriations

There are authorized to be appropriated such sums as may be

necessary for each of the fiscal years 1998 through 2003 to carry

out the monitoring and evaluation activities authorized under this

section.

-SOURCE-

(Pub. L. 99-371, title II, Sec. 205, formerly title IV, Sec. 405,

Aug. 4, 1986, 100 Stat. 790; renumbered title II, Sec. 205, and

amended Pub. L. 102-421, title I, Sec. 101(b)(5), (6), 135(a), Oct.

16, 1992, 106 Stat. 2151, 2158; Pub. L. 103-73, title II, Sec.

204(d), Aug. 11, 1993, 107 Stat. 735; Pub. L. 105-244, title IX,

Sec. 918, Oct. 7, 1998, 112 Stat. 1831.)

-MISC1-

AMENDMENTS

1998 - Subsec. (c). Pub. L. 105-244 substituted ''1998 through

2003'' for ''1993, 1994, 1995, 1996, and 1997''.

1993 - Subsec. (a). Pub. L. 103-73 substituted ''individuals who

are deaf or hard of hearing'' for ''individuals who are deaf'' and

struck out ''the provisions of'' after ''pursuant to''.

1992 - Pub. L. 102-421, Sec. 135(a), amended section generally.

Prior to amendment, section read as follows: ''The Secretary shall

conduct monitoring and evaluation activities of the education

programs and activities and the administrative operations of

Gallaudet University and of the National Technical Institute for

the Deaf. In carrying out the responsibilities described in this

section, the Secretary is authorized to employ such consultants as

may be necessary pursuant to the provisions of section 3109 of

title 5.''

EFFECTIVE DATE OF 1998 AMENDMENT

Amendment by Pub. L. 105-244 effective Oct. 1, 1998, except as

otherwise provided in Pub. L. 105-244, see section 3 of Pub. L.

105-244, set out as a note under section 1001 of this title.

EFFECTIVE DATE OF 1992 AMENDMENT

Amendment by Pub. L. 102-421 effective Oct. 1, 1992, see section

161 of Pub. L. 102-421, set out as a note under section 4301 of

this title.

-CITE-

20 USC Sec. 4356 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 55 - EDUCATION OF THE DEAF

SUBCHAPTER II - GENERAL PROVISIONS

-HEAD-

Sec. 4356. Liaison for educational programs

-STATUTE-

(a) Designation of liaison

Not later than 30 days after August 4, 1986, the Secretary shall

designate an individual in the Office of Special Education and

Rehabilitative Services of the Department of Education from among

individuals who have experience in the education of individuals who

are deaf to serve as liaison between the Department and Gallaudet

University, the National Technical Institute for the Deaf, and

other postsecondary educational programs for individuals who are

deaf under the Individuals with Disabilities Education Act (20

U.S.C. 1400 et seq.), the Rehabilitation Act of 1973 (29 U.S.C. 701

et seq.), and other Federal or non-Federal agencies, institutions,

or organizations involved with the education or rehabilitation of

individuals who are deaf or hard of hearing.

(b) Duties of liaison

The individual serving as liaison for educational programs for

individuals who are deaf or hard of hearing shall:

(1) provide information to institutions regarding the

Department's efforts directly affecting the operation of such

programs by such institutions;

(2) review research and other activities carried out by the

University, NTID, and other Federal or non-Federal agencies,

institutions, or organizations involved with the education or

rehabilitation of individuals who are deaf or hard of hearing for

the purpose of determining overlap and opportunities for

coordination among such entities; and

(3) provide such support and assistance as such institutions

may request and the Secretary considers appropriate.

(c) Authority of Secretary

Nothing in this section may be construed to affect the authority

of the Secretary under this chapter or any other Act with respect

to Gallaudet University or the National Technical Institute for the

Deaf.

-SOURCE-

(Pub. L. 99-371, title II, Sec. 206, formerly title IV, Sec. 406,

Aug. 4, 1986, 100 Stat. 790; Pub. L. 101-476, title IX, Sec.

901(a)(2), Oct. 30, 1990, 104 Stat. 1142; renumbered title II, Sec.

206, and amended Pub. L. 102-421, title I, Sec. 101(b)(5), (6),

136, 151(a)(4), (5), Oct. 16, 1992, 106 Stat. 2151, 2159, 2164;

Pub. L. 103-73, title II, Sec. 204(e), Aug. 11, 1993, 107 Stat.

735.)

-REFTEXT-

REFERENCES IN TEXT

The Individuals with Disabilities Education Act, referred to in

subsec. (a), is title VI of Pub. L. 91-230, Apr. 13, 1970, 84 Stat.

175, as amended, which is classified generally to chapter 33 (Sec.

1400 et seq.) of this title. For complete classification of this

Act to the Code, see section 1400 of this title and Tables.

The Rehabilitation Act of 1973, referred to in subsec. (a), is

Pub. L. 93-112, Sept. 26, 1973, 87 Stat. 355, as amended, which is

classified generally to chapter 16 (Sec. 701 et seq.) of Title 29,

Labor. For complete classification of this Act to the Code, see

Short Title note set out under section 701 of Title 29 and Tables.

-MISC2-

AMENDMENTS

1993 - Subsec. (b). Pub. L. 103-73, which directed amendment of

subsec. (b) by inserting ''or hard of hearing'' after ''individuals

who are deaf'', was executed by making the insertion in

introductory provisions but not in par. (2) to reflect the probable

intent of Congress.

1992 - Pub. L. 102-421, Sec. 151(a)(5), struck out ''for the

deaf'' after ''educational programs'' in section catchline.

Subsec. (a). Pub. L. 102-421, Sec. 151(a)(4), substituted

''individuals who are deaf'' for ''the deaf'' in two places.

Pub. L. 102-421, Sec. 136(1), substituted '', the Rehabilitation

Act of 1973, and other Federal or non-Federal agencies,

institutions, or organizations involved with the education or

rehabilitation of individuals who are deaf or hard of hearing.''

for ''and the Rehabilitation Act of 1973.''

Subsec. (b). Pub. L. 102-421, Sec. 151(a)(4), substituted

''individuals who are deaf'' for ''the deaf'' in introductory

provisions.

Subsec. (b)(1) to (3). Pub. L. 102-421, Sec. 136(2), struck out

''and'' at end of par. (1), added par. (2), and redesignated former

par. (2) as (3).

1990 - Subsec. (a). Pub. L. 101-476 substituted ''Individuals

with Disabilities Education Act'' for ''Education of the

Handicapped Act''.

EFFECTIVE DATE OF 1992 AMENDMENT

Amendment by Pub. L. 102-421 effective Oct. 1, 1992, see section

161 of Pub. L. 102-421, set out as a note under section 4301 of

this title.

EFFECTIVE DATE OF 1990 AMENDMENT

Amendment by Pub. L. 101-476 effective Oct. 1, 1990, see section

1001 of Pub. L. 101-476, set out as a note under section 1087ee of

this title.

-CITE-

20 USC Sec. 4357 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 55 - EDUCATION OF THE DEAF

SUBCHAPTER II - GENERAL PROVISIONS

-HEAD-

Sec. 4357. Federal endowment programs for Gallaudet University and

the National Technical Institute for the Deaf

-STATUTE-

(a) Establishment of programs

(1) The Secretary and the Board of Trustees of Gallaudet

University are authorized to establish the Gallaudet University

Federal Endowment Fund as a permanent endowment fund, in accordance

with this section, for the purpose of promoting the financial

independence of the University. The Secretary and the Board of

Trustees may enter into such agreements as may be necessary to

carry out the purposes of this section with respect to the

University.

(2) The Secretary and the Board of Trustees or other governing

body of the institution of higher education with which the

Secretary has an agreement under section 4332 of this title are

authorized to establish the National Technical Institute for the

Deaf Federal Endowment Fund as a permanent endowment fund, in

accordance with this section, for the purpose of promoting the

financial independence of NTID. The Secretary and the Board or

other governing body may enter into such agreements as may be

necessary to carry out the purposes of this section with respect to

NTID.

(b) Federal payments

(1) The Secretary shall, consistent with this section, make

payments to the Federal endowment funds established under

subsection (a) of this section from amounts appropriated under

subsection (h) of this section for the fund involved.

(2) Subject to the availability of appropriations, the Secretary

shall make payments to each Federal endowment fund in amounts equal

to sums contributed to the fund from non-Federal sources during the

fiscal year in which the appropriations are made available

(excluding transfers from other endowment funds of the institution

involved).

(c) Investments

(1) Except as provided in subsection (e) of this section, the

University and NTID, respectively, shall invest the Federal

contribution of its Federal endowment fund corpus and income in

instruments and securities offered through one or more cooperative

service organizations of operating educational organizations under

section 501(f) of title 26, or in low-risk instruments and

securities in which a regulated insurance company may invest under

the laws of the State in which the institution involved is located.

(2) In managing the investment of its Federal endowment fund, the

University or NTID shall exercise the judgment and care, under the

prevailing circumstances, that a person of prudence, discretion,

and intelligence would exercise in the management of that person's

own business affairs.

(3) Neither the University nor NTID may invest its Federal

endowment fund corpus or income in real estate, or in instruments

or securities issued by an organization in which an executive

officer, a member of the Board of Trustees of the University or of

the host institution, or a member of the advisory group established

under section 4332 of this title is a controlling shareholder,

director, or owner within the meaning of Federal securities laws

and other applicable laws. Neither the University nor NTID may

assign, hypothocate, (FOOTNOTE 1) encumber, or create a lien on the

Federal endowment fund corpus without specific written

authorization of the Secretary.

(FOOTNOTE 1) So in original. Probably should be

''hypothecate,''

(d) Withdrawals and expenditures

(1) Except as provided in paragraph (3)(B), neither the

University nor NTID may withdraw or expend any of the corpus of its

Federal endowment fund.

(2)(A) The University and NTID, respectively, may withdraw or

expend the income of its Federal endowment fund only for expenses

necessary to the operation of that institution, including expenses

of operations and maintenance, administration, academic and support

personnel, construction and renovation, community and student

services programs, technical assistance, and research.

(B) Neither the University nor NTID may withdraw or expend the

income of its Federal endowment fund for any commercial purpose.

(C) The University and NTID shall maintain records of the income

generated from its respective Federal endowment fund for the prior

fiscal year.

(3)(A) Except as provided in subparagraph (B), the University and

NTID, respectively, may, on an annual basis, withdraw or expend not

more than 50 percent of the income generated from its Federal

endowment fund from the current fiscal year.

(B) The Secretary may permit the University or NTID to withdraw

or expend a portion of its Federal endowment fund corpus or more

than 50 percent of the income generated from its Federal endowment

fund from the prior fiscal year if the institution involved

demonstrates, to the Secretary's satisfaction, that such withdrawal

or expenditure is necessary because of -

(i) a financial emergency, such as a pending insolvency or

temporary liquidity problem;

(ii) a life-threatening situation occasioned by natural

disaster or arson; or

(iii) another unusual occurrence or exigent circumstance.

(e) Investment and expenditure flexibility

The corpus associated with a Federal payment (and its non-Federal

match) made to the Federal endowment fund of the University or NTID

shall not be subject to the investment limitations of subsection

(c)(1) of this section after 10 fiscal years following the fiscal

year in which the funds are matched, and the income generated from

such corpus after the tenth fiscal year described in this

subsection shall not be subject to such investment limitations or

to the withdrawal and expenditure limitations of subsection (d)(3)

of this section.

(f) Recovery of payments

After notice and an opportunity for a hearing, the Secretary is

authorized to recover any Federal payments under this section if

the University or NTID -

(1) makes a withdrawal or expenditure of the corpus or income

of its Federal endowment fund that is not consistent with this

section;

(2) fails to comply with the investment standards and

limitations under this section; or

(3) fails to account properly to the Secretary concerning the

investment of or expenditures from the Federal endowment fund

corpus or income.

(g) Definitions

As used in this section:

(1) The term ''corpus'', with respect to a Federal endowment

fund under this section, means an amount equal to the Federal

payments to such fund, amounts contributed to the fund from

non-Federal sources, and appreciation from capital gains and

reinvestment of income.

(2) The term ''Federal endowment fund'' means a fund, or a

tax-exempt foundation, established and maintained pursuant to

this section by the University or NTID, as the case may be, for

the purpose of generating income for the support of the

institution involved.

(3) The term ''income'', with respect to a Federal endowment

fund under this section, means an amount equal to the dividends

and interest accruing from investments of the corpus of such

fund.

(4) The term ''institution involved'' means the University or

NTID, as the case may be.

(h) Authorization of appropriations

(1) In the case of the University, there are authorized to be

appropriated for the purposes of this section such sums as may be

necessary for each of the fiscal years 1998 through 2003.

(2) In the case of NTID, there are authorized to be appropriated

for the purposes of this section such sums as may be necessary for

each of the fiscal years 1998 through 2003.

(3) Amounts appropriated under paragraph (1) or (2) shall remain

available until expended.

(i) Effective date

The provisions of this section shall take effect as if included

in this chapter as enacted on August 4, 1986.

-SOURCE-

(Pub. L. 99-371, title II, Sec. 207, as added Pub. L. 102-421,

title I, Sec. 137(2), Oct. 16, 1992, 106 Stat. 2159; amended Pub.

L. 103-73, title II, Sec. 204(f), Aug. 11, 1993, 107 Stat. 735;

Pub. L. 105-244, title IX, Sec. 919, Oct. 7, 1998, 112 Stat. 1831.)

-MISC1-

PRIOR PROVISIONS

A prior section 4357, Pub. L. 99-371, title II, Sec. 207,

formerly title IV, Sec. 407, Aug. 4, 1986, 100 Stat. 791;

renumbered title II, Sec. 207, Pub. L. 102-421, title I, Sec.

101(b)(5), (6), Oct. 16, 1992, 106 Stat. 2151, provided for

Gallaudet University Federal endowment program, prior to repeal

effective Oct. 1, 1992, by Pub. L. 102-421, title I, Sec. 137(1),

161, Oct. 16, 1992, 106 Stat. 2159, 2164.

AMENDMENTS

1998 - Subsec. (b)(2). Pub. L. 105-244, Sec. 919(1)(A), amended

par. (2) generally. Prior to amendment, par. (2) read as follows:

''Subject to the availability of appropriations and the non-Federal

matching requirements of paragraph (3), the Secretary shall make

payments to each Federal endowment fund in amounts equal to sums

contributed to the fund from non-Federal sources (excluding

transfers from other endowment funds of the institution

involved).''

Subsec. (b)(3). Pub. L. 105-244, Sec. 919(1)(B), struck out par.

(3) which read as follows: ''Effective for fiscal year 1993 and

each succeeding fiscal year, for any fiscal year in which the sums

contributed to the Federal endowment fund of the institution

involved from non-Federal sources exceed $1,000,000, the

non-Federal contribution to the Federal endowment fund shall be $2

for each Federal dollar provided in excess of $1,000,000 (excluding

transfers from other endowment funds of the institution

involved).''

Subsec. (c)(1). Pub. L. 105-244, Sec. 919(2), inserted ''the

Federal contribution of'' after ''shall invest''.

Subsec. (d)(2)(C). Pub. L. 105-244, Sec. 919(3)(A), substituted

''The University'' for ''Beginning on October 1, 1992, the

University''.

Subsec. (d)(3)(A). Pub. L. 105-244, Sec. 919(3)(B), substituted

''current'' for ''prior''.

Subsec. (h)(1), (2). Pub. L. 105-244, Sec. 919(4), substituted

''1998 through 2003'' for ''1993 through 1997''.

1993 - Subsec. (c)(3). Pub. L. 103-73, Sec. 204(f)(1),

substituted ''advisory group established under section 4332 of this

title'' for ''Advisory Board of NTID''.

Subsec. (e). Pub. L. 103-73, Sec. 204(f)(2), substituted ''such

investment limitations or'' for ''such investment limitations

and''.

Subsec. (i). Pub. L. 103-73, Sec. 204(f)(3), substituted ''this

chapter as enacted on August 4, 1986'' for ''the provisions of the

Education of the Deaf Act of 1986''.

EFFECTIVE DATE OF 1998 AMENDMENT

Amendment by Pub. L. 105-244 effective Oct. 1, 1998, except as

otherwise provided in Pub. L. 105-244, see section 3 of Pub. L.

105-244, set out as a note under section 1001 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 4353, 4354 of this title.

-CITE-

20 USC Sec. 4358 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 55 - EDUCATION OF THE DEAF

SUBCHAPTER II - GENERAL PROVISIONS

-HEAD-

Sec. 4358. Repealed. Pub. L. 105-244, title IX, Sec. 920, Oct. 7,

1998, 112 Stat. 1831

-MISC1-

Section, Pub. L. 99-371, title II, Sec. 208, as added Pub. L.

102-421, title I, Sec. 138, Oct. 16, 1992, 106 Stat. 2162, related

to scholarship program for deaf education or special education

careers.

A prior section 4358, Pub. L. 99-371, title II, Sec. 208,

formerly title IV, Sec. 408, Aug. 4, 1986, 100 Stat. 792;

renumbered title II, Sec. 208, Pub. L. 102-421, title I, Sec.

101(b)(5), (6), Oct. 16, 1992, 106 Stat. 2151, provided for a

National Technical Institute for the Deaf endowment program, prior

to repeal effective Oct. 1, 1992, by Pub. L. 102-421, title I, Sec.

137(1), 161, Oct. 16, 1992, 106 Stat. 2159, 2164. See section 4357

of this title.

EFFECTIVE DATE OF REPEAL

Repeal effective Oct. 1, 1998, except as otherwise provided in

Pub. L. 105-244, see section 3 of Pub. L. 105-244, set out as an

Effective Date of 1998 Amendment note under section 1001 of this

title.

-CITE-

20 USC Sec. 4359 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 55 - EDUCATION OF THE DEAF

SUBCHAPTER II - GENERAL PROVISIONS

-HEAD-

Sec. 4359. Oversight and effect of agreements

-STATUTE-

(a) Oversight activities

Nothing in this chapter shall be construed to diminish the

oversight activities of the Committee on Labor and Human Resources

of the Senate and the Committee on Education and the Workforce of

the House of Representatives with respect to any agreement entered

into between the Secretary of Education and Gallaudet University,

and the institution of higher education with which the Secretary

has an agreement under part B of subchapter I of this chapter.

(b) Construction of agreements

The agreements described in subsection (a) of this section shall

continue in effect, to the extent that such agreements are not

inconsistent with this chapter.

-SOURCE-

(Pub. L. 99-371, title II, Sec. 208, formerly title IV, Sec. 409,

Aug. 4, 1986, 100 Stat. 794; renumbered title II, Sec. 209, Pub. L.

102-421, title I, Sec. 101(b)(5), (6), Oct. 16, 1992, 106 Stat.

2151; amended Pub. L. 103-73, title II, Sec. 204(g), Aug. 11, 1993,

107 Stat. 735; renumbered Sec. 208 and amended Pub. L. 105-244,

title IX, Sec. 921, Oct. 7, 1998, 112 Stat. 1831.)

-MISC1-

PRIOR PROVISIONS

A prior section 208 of Pub. L. 99-371 was classified to section

4358 of this title, prior to repeal by Pub. L. 105-244.

Another prior section 208 of Pub. L. 99-371 was classified to

section 4358 of this title, prior to repeal by Pub. L. 102-421.

AMENDMENTS

1998 - Subsec. (a). Pub. L. 105-244, Sec. 921(1), substituted

''Committee on Education and the Workforce'' for ''Committee on

Education and Labor''.

1993 - Subsec. (a). Pub. L. 103-73, Sec. 204(g)(1), substituted

''an agreement under part B of subchapter I of this chapter'' for

''an agreement under title II''.

Subsec. (b). Pub. L. 103-73, Sec. 204(g)(2), struck out ''the

provisions of'' after ''inconsistent with''.

EFFECTIVE DATE OF 1998 AMENDMENT

Amendment by Pub. L. 105-244 effective Oct. 1, 1998, except as

otherwise provided in Pub. L. 105-244, see section 3 of Pub. L.

105-244, set out as a note under section 1001 of this title.

-CITE-

20 USC Sec. 4359a 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 55 - EDUCATION OF THE DEAF

SUBCHAPTER II - GENERAL PROVISIONS

-HEAD-

Sec. 4359a. International students

-STATUTE-

(a) Enrollment

Effective with new admissions for academic year 1993-1994 and

each succeeding academic year, the University (including

preparatory, undergraduate, and graduate students) and NTID shall

limit the enrollment of international students to approximately 15

percent of the total postsecondary student population enrolled

respectively at the University or NTID, except that in any school

year no United States citizen who is qualified to be admitted to

the University or NTID and applies for admission to the University

or NTID shall be denied admission because of the admission of an

international student.

(b) Tuition surcharge

Effective with new admissions, the tuition for postsecondary

international students enrolled in the University (including

preparatory, undergraduate, and graduate students) or NTID shall

include a surcharge of 100 percent for the academic year 1999-2000

and any succeeding academic year.

(c) Reduction of surcharge

Beginning with the academic year 1993-1994, the University or

NTID may reduce the surcharge under subsection (b) of this section

to 50 percent if -

(1) a student described under subsection (b) of this section is

from a developing country;

(2) such student is unable to pay the tuition surcharge under

subsection (b) of this section; and

(3) such student has made a good faith effort to secure aid

through such student's government or other sources.

(d) ''Developing country'' defined

For purposes of subsection (c) of this section, the term

''developing country'' means a country that has a 1990 per capita

income not in excess of $4,000 in 1990 United States dollars.

-SOURCE-

(Pub. L. 99-371, title II, Sec. 209, formerly Sec. 210, as added

Pub. L. 102-421, title I, Sec. 139, Oct. 16, 1992, 106 Stat. 2163;

amended Pub. L. 103-73, title II, Sec. 204(h), Aug. 11, 1993, 107

Stat. 735; renumbered Sec. 209 and amended Pub. L. 105-244, title

IX, Sec. 922, Oct. 7, 1998, 112 Stat. 1832.)

-MISC1-

PRIOR PROVISIONS

A prior section 209 of Pub. L. 99-371 was renumbered section 208

and is classified to section 4359 of this title.

AMENDMENTS

1998 - Subsec. (a). Pub. L. 105-244, Sec. 922(a)(1), substituted

''15 percent'' for ''10 percent'' and inserted before period '',

except that in any school year no United States citizen who is

qualified to be admitted to the University or NTID and applies for

admission to the University or NTID shall be denied admission

because of the admission of an international student''.

Subsec. (b). Pub. L. 105-244, Sec. 922(a)(2), substituted

''surcharge of 100 percent for the academic year 1999-2000 and any

succeeding academic year'' for ''surcharge of 75 percent for the

academic year 1993-1994 and 90 percent beginning with the academic

year 1994-1995''.

1993 - Subsec. (b). Pub. L. 103-73, Sec. 204(h)(1), substituted

''75 percent for the academic year 1993-1994 and 90 percent

beginning with the academic year 1994-1995'' for ''75 percent

beginning the academic year 1993-1994, and 90 percent beginning the

academic year 1994-1995''.

Subsec. (c). Pub. L. 103-73, Sec. 204(h)(2), substituted

''Beginning with the academic year 1993-1994'' for ''Beginning the

academic year 1993-1994 and thereafter'' in introductory provisions

and redesignated subpars. (A) to (C) as pars. (1) to (3),

respectively.

EFFECTIVE DATE OF 1998 AMENDMENT

Amendment by Pub. L. 105-244 effective Oct. 1, 1998, except as

otherwise provided in Pub. L. 105-244, see section 3 of Pub. L.

105-244, set out as a note under section 1001 of this title.

EFFECTIVE DATE

Section effective Oct. 1, 1992, see section 161 of Pub. L.

102-421, set out as an Effective Date of 1992 Amendment note under

section 4301 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 4353, 6715 of this title.

-CITE-

20 USC Sec. 4359b 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 55 - EDUCATION OF THE DEAF

SUBCHAPTER II - GENERAL PROVISIONS

-HEAD-

Sec. 4359b. Research priorities

-STATUTE-

(a) Research priorities

Gallaudet University and the National Technical Institute for the

Deaf shall each establish and disseminate priorities for their

national mission with respect to deafness related research,

development, and demonstration activities, that reflect public

input, through a process that includes consumers, constituent

groups, and the heads of other federally funded programs. The

priorities for the University shall include activities conducted as

part of the University's elementary and secondary education

programs under section 4304 of this title.

(b) Research reports

The University and NTID shall each prepare and submit an annual

research report, to the Secretary, the Committee on Education and

the Workforce of the House of Representatives, and the Committee on

Labor and Human Resources of the Senate, not later than January 10

of each year, that shall include -

(1) a summary of the public input received as part of the

establishment and dissemination of priorities required by

subsection (a) of this section, and the University's and NTID's

response to the input; and

(2) a summary description of the research undertaken by the

University and NTID, the start and projected end dates for each

research project, the projected cost and source or sources of

funding for each project, and any products resulting from

research completed in the prior fiscal year.

-SOURCE-

(Pub. L. 99-371, title II, Sec. 210, as added Pub. L. 105-244,

title IX, Sec. 923, Oct. 7, 1998, 112 Stat. 1832.)

-MISC1-

PRIOR PROVISIONS

A prior section 210 of Pub. L. 99-371 was renumbered section 209

and is classified to section 4359a of this title.

Another prior section 210 of title II of Pub. L. 99-371, formerly

title IV, Sec. 410, Aug. 4, 1986, 100 Stat. 794; renumbered title

II, Sec. 210, Pub. L. 102-241, title I, Sec. 101(b)(5), (6), Oct.

16, 1992, 106 Stat. 2151, repealed sections 681 to 685, 691 to

691g, 693 to 693b, and 695 to 695c of this title and provisions set

out as notes under sections 681 and 693 of this title, prior to

repeal by Pub. L. 102-421, title I, Sec. 139, Oct. 16, 1992, 106

Stat. 2163.

EFFECTIVE DATE

Section effective Oct. 1, 1998, except as otherwise provided in

Pub. L. 105-244, see section 3 of Pub. L. 105-244, set out as an

Effective Date of 1998 Amendment note under section 1001 of this

title.

-CITE-

20 USC Sec. 4360 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 55 - EDUCATION OF THE DEAF

SUBCHAPTER II - GENERAL PROVISIONS

-HEAD-

Sec. 4360. National study on the education of the deaf

-STATUTE-

(a) Conduct of study

(1) In general

The Secretary shall conduct a national study on the education

of the deaf, to identify education-related barriers to successful

postsecondary education experiences and employment for

individuals who are deaf, and those education-related factors

that contribute to successful postsecondary education experiences

and employment for individuals who are deaf.

(2) Definition

In this section the term ''deaf'', when used with respect to an

individual, means an individual with a hearing impairment,

including an individual who is hard of hearing, an individual

deafened later in life, and an individual who is profoundly deaf.

(b) Public input and consultation

(1) In general

In conducting such study, the Secretary shall obtain input from

the public. To obtain such input, the Secretary shall -

(A) publish a notice with an opportunity for comment in the

Federal Register;

(B) consult with individuals and organizations representing a

wide range of perspectives on deafness-related issues,

including organizations representing individuals who are deaf,

parents of children who are deaf, educators, and researchers;

and

(C) take such other action as the Secretary deems

appropriate, which may include holding public meetings.

(2) Structured opportunities

The Secretary shall provide structured opportunities to receive

and respond to the viewpoints of the individuals and

organizations described in paragraph (1)(B).

(c) Report

The Secretary shall report to Congress not later than 18 months

after October 7, 1998, regarding the results of the study. The

report shall contain -

(1) recommendations, including recommendations for legislation,

that the Secretary deems appropriate; and

(2) a detailed summary of the input received under subsection

(b) of this section and the ways in which the report addresses

such input.

(d) Authorization of appropriations

There are authorized to be appropriated $1,000,000 for each of

the fiscal years 1999 and 2000 to carry out the provisions of this

section.

-SOURCE-

(Pub. L. 99-371, title II, Sec. 211, as added Pub. L. 105-244,

title IX, Sec. 924, Oct. 7, 1998, 112 Stat. 1832.)

-MISC1-

PRIOR PROVISIONS

A prior section 4360, Pub. L. 99-371, title II, Sec. 211,

formerly title IV, Sec. 411, Aug. 4, 1986, 100 Stat. 794;

renumbered title II, Sec. 211, and amended Pub. L. 102-421, title

I, Sec. 101(b)(5), (6), 140, 151(a)(4), Oct. 16, 1992, 106 Stat.

2151, 2163, 2164; Pub. L. 103-73, title II, Sec. 204(i), Aug. 11,

1993, 107 Stat. 735, authorized appropriations for this chapter,

prior to repeal by Pub. L. 105-244, Sec. 3, title IX, Sec. 923,

Oct. 7, 1998, 112 Stat. 1585, 1832, effective Oct. 1, 1998. See

section 4360a of this title.

EFFECTIVE DATE

Section effective Oct. 1, 1998, except as otherwise provided in

Pub. L. 105-244, see section 3 of Pub. L. 105-244, set out as an

Effective Date of 1998 Amendment note under section 1001 of this

title.

-CITE-

20 USC Sec. 4360a 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 55 - EDUCATION OF THE DEAF

SUBCHAPTER II - GENERAL PROVISIONS

-HEAD-

Sec. 4360a. Authorization of appropriations

-STATUTE-

(a) Gallaudet University

There are authorized to be appropriated such sums as may be

necessary for each of the fiscal years 1998 through 2003 to carry

out the provisions of subchapter I of this chapter and this

subchapter, relating to -

(1) Gallaudet University;

(2) Kendall Demonstration Elementary School; and

(3) the Model Secondary School for the Deaf.

(b) National Technical Institute for the Deaf

There are authorized to be appropriated such sums as may be

necessary for each of the fiscal years 1998 through 2003 to carry

out the provisions of subchapter I of this chapter and this

subchapter relating to the National Technical Institute for the

Deaf.

-SOURCE-

(Pub. L. 99-371, title II, Sec. 212, as added Pub. L. 105-244,

title IX, Sec. 925, Oct. 7, 1998, 112 Stat. 1833.)

-MISC1-

PRIOR PROVISIONS

Provisions similar to this section were contained in section 4360

of this title, prior to repeal by Pub. L. 105-244.

EFFECTIVE DATE

Section effective Oct. 1, 1998, except as otherwise provided in

Pub. L. 105-244, see section 3 of Pub. L. 105-244, set out as an

Effective Date of 1998 Amendment note under section 1001 of this

title.

-CITE-

20 USC Sec. 4361 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 55 - EDUCATION OF THE DEAF

SUBCHAPTER II - GENERAL PROVISIONS

-HEAD-

Sec. 4361. Supervision of public business of Gallaudet University

-STATUTE-

The Secretary of Education is charged with the supervision of

public business relating to Gallaudet University.

-SOURCE-

(R.S. Sec. 441; Mar. 4, 1911, ch. 285, Sec. 1, 36 Stat. 1422; 1940

Reorg. Plan No. IV, Sec. 11, eff. June 30, 1940, 5 F.R. 2421, 54

Stat. 1234; 1953 Reorg. Plan No. 1, eff. Apr. 11, 1953, 18 F.R.

2053, 67 Stat. 631; June 18, 1954, ch. 324, Sec. 1, 68 Stat. 265;

Oct. 17, 1979, Pub. L. 96-88, title III, Sec. 301(a)(2)(M), title

V, Sec. 507, 93 Stat. 677, 692; Aug. 4, 1986, Pub. L. 99-371, title

I, Sec. 101(a), 100 Stat. 781.)

-COD-

CODIFICATION

Section was not enacted as part of the Education of the Deaf Act

of 1986, which comprises this chapter.

Section was formerly classified to section 691h of this title.

-CHANGE-

CHANGE OF NAME

Pursuant to section 101(a) of Pub. L. 99-371, which is classified

to section 4301(a) of this title, ''Gallaudet University'' was

substituted in text for ''Gallaudet College'' which had been

substituted in text for ''Columbia Institution for the Deaf''

pursuant to section 1 of act June 18, 1954, which was formerly

classified to section 691 of this title. Previously, act Mar. 4,

1911, ch. 285, 36 Stat. 1422, had redesignated the ''Columbia

Institution for the Deaf and Dumb'' as the ''Columbia Institution

for the Deaf''.

-TRANS-

TRANSFER OF FUNCTIONS

''Secretary of Education'' substituted in text for ''Secretary of

Health, Education, and Welfare'' pursuant to sections 301(a)(2)(M)

and 507 of Pub. L. 96-88, which are classified to sections

3441(a)(2)(M) and 3507 of this title and which transferred to

Secretary of Education functions of Secretary of Health, Education,

and Welfare under laws relating to relationship between Gallaudet

College (now Gallaudet University) and Department of Health,

Education, and Welfare.

Functions of Federal Security Administrator transferred to

Secretary of Health, Education, and Welfare and all agencies of

Federal Security Agency transferred to Department of Health,

Education, and Welfare by section 5 of Reorg. Plan No. 1 of 1953,

set out in the Appendix to Title 5, Government Organization and

Employees. Federal Security Agency and office of Administrator

abolished by section 8 of Reorg. Plan No. 1 of 1953.

Functions of Department of the Interior relating to

administration of Columbia Institution for the Deaf transferred to

Federal Security Agency to be administered under direction and

supervision of Federal Security Administrator by Sec. 11(d) of 1940

Reorg. Plan No. IV, set out in the Appendix to Title 5.

-CITE-

20 USC Sec. 4362 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 55 - EDUCATION OF THE DEAF

SUBCHAPTER II - GENERAL PROVISIONS

-HEAD-

Sec. 4362. Purchases through General Services Administration

-STATUTE-

On and after September 8, 1978, Gallaudet University and the

National Technical Institute for the Deaf are authorized to make

purchases through the General Services Administration.

-SOURCE-

(Pub. L. 95-355, title I, Sec. 100, Sept. 8, 1978, 92 Stat. 531;

Pub. L. 99-371, title I, Sec. 101(a), Aug. 4, 1986, 100 Stat. 781.)

-COD-

CODIFICATION

Section is from the Second Supplemental Appropriations Act, 1978,

and not enacted as part of the Education of the Deaf Act of 1986,

which comprises this chapter, and contained additional provisions

relating to purchases by the American Printing House for the Blind

and Howard University which are set out as sections 106 and 130 of

this title, respectively.

Section, as it relates to Gallaudet University, was formerly

classified to section 691i of this title, and as it relates to the

National Technical Institute for the Deaf, was formerly classified

to section 686 of this title.

-CHANGE-

CHANGE OF NAME

''Gallaudet University'' substituted in text for ''Gallaudet

College'' pursuant to section 101(a) of Pub. L. 99-371, which is

classified to section 4301(a) of this title.

-CITE-

20 USC Sec. 4363 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 55 - EDUCATION OF THE DEAF

SUBCHAPTER II - GENERAL PROVISIONS

-HEAD-

Sec. 4363. Financial and program audit by Secretary

-STATUTE-

Funds appropriated in this Act or subsequent Departments of

Labor, Health and Human Services, and Education, and Related

Agencies Appropriations Acts to the National Technical Institute

for the Deaf, and Gallaudet University shall be subject to

financial and program audit by the Secretary of Education and the

Secretary may withhold all or any portion of these appropriations

if he determines that an institution has not cooperated fully in

the conduct of such audits.

-SOURCE-

(Pub. L. 102-394, title III, Sec. 301, Oct. 6, 1992, 106 Stat.

1819.)

-COD-

CODIFICATION

Section is from the Departments of Labor, Health and Human

Services, and Education, and Related Agencies Appropriations Act,

1993, and was not enacted as part of the Education of the Deaf Act

of 1986 which comprises this chapter, and contained additional

provisions relating to the American Printing House for the Blind

and Howard University, which are set out as sections 106a and 130a

of this title, respectively.

-CITE-