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US (United States) Code. Title 20. Chapter 33: Education of individuals with disabilities

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-CITE-

20 USC CHAPTER 33 - EDUCATION OF INDIVIDUALS WITH

DISABILITIES 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 33 - EDUCATION OF INDIVIDUALS WITH DISABILITIES

-HEAD-

CHAPTER 33 - EDUCATION OF INDIVIDUALS WITH DISABILITIES

-MISC1-

SUBCHAPTER I - GENERAL PROVISIONS

Sec.

1400. Congressional statements and declarations.

(a) Short title.

(b) Omitted.

(d) Purposes.

1401. Definitions.

1402. Office of Special Education Programs.

(a) Establishment.

(b) Director.

1403. Abrogation of State sovereign immunity.

(a) In general.

(b) Remedies.

1404. Acquisition of equipment; construction or alteration of

facilities.

(a) In general.

(b) Compliance with certain regulations.

1405. Employment of individuals with disabilities.

1406. Requirements for prescribing regulations.

(a) Public comment period.

(b) Protections provided to children.

(d) Correspondence from Department of Education

describing interpretations of this chapter.

(e) Issues of national significance.

(f) Explanation.

SUBCHAPTER II - ASSISTANCE FOR EDUCATION OF ALL CHILDREN WITH

DISABILITIES

1411. Authorization; allotment; use of funds; authorization of

appropriations.

(a) Grants to States.

(b) Outlying areas and freely associated States.

(d) Allocations to States.

(e) Permanent formula.

(f) State-level activities.

(g) Subgrants to local educational agencies.

(h) Definitions.

(i) Use of amounts by Secretary of the Interior.

(j) Authorization of appropriations.

1412. State eligibility.

(a) In general.

(b) State educational agency as provider of free

appropriate public education or direct

services.

(d) Approval by Secretary.

(e) Assistance under other Federal programs.

(f) By-pass for children in private schools.

1413. Local educational agency eligibility.

(a) In general.

(b) Exception for prior local plans.

agency in case of ineligibility.

(d) Local educational agency compliance.

(e) Joint establishment of eligibility.

(f) Coordinated services system.

(g) School-based improvement plan.

(h) Direct services by State educational agency.

(i) State agency eligibility.

(j) Disciplinary information.

1414. Evaluations, eligibility determinations, individualized

education programs, and educational placements.

(a) Evaluations and reevaluations.

(b) Evaluation procedures.

reevaluations.

(d) Individualized education programs.

(e) Construction.

(f) Educational placements.

1415. Procedural safeguards.

(a) Establishment of procedures.

(b) Types of procedures.

(d) Procedural safeguards notice.

(e) Mediation.

(f) Impartial due process hearing.

(g) Appeal.

(h) Safeguards.

(i) Administrative procedures.

(j) Maintenance of current educational placement.

(k) Placement in alternative educational setting.

(l) Rule of construction.

(m) Transfer of parental rights at age of majority.

1416. Withholding and judicial review.

(a) Withholding of payments.

(b) Judicial review.

1417. Administration.

(a) Responsibilities of Secretary.

(b) Rules and regulations.

(d) Personnel.

1418. Program information.

(a) In general.

(b) Sampling.

1419. Preschool grants.

(a) In general.

(b) Eligibility.

(d) Reservation for State activities.

(e) State administration.

(f) Other State-level activities.

(g) Subgrants to local educational agencies.

(h) Subchapter III inapplicable.

(i) ''State'' defined.

(j) Authorization of appropriations.

SUBCHAPTER III - INFANTS AND TODDLERS WITH DISABILITIES

1431. Findings and policy.

(a) Findings.

(b) Policy.

1432. Definitions.

1433. General authority.

1434. Eligibility.

1435. Requirements for statewide system.

(a) In general.

(b) Policy.

1436. Individualized family service plan.

(a) Assessment and program development.

(b) Periodic review.

(d) Content of plan.

(e) Parental consent.

1437. State application and assurances.

(a) Application.

(b) Assurances.

(d) Subsequent State application.

(e) Modification of application.

(f) Modifications required by Secretary.

1438. Uses of funds.

1439. Procedural safeguards.

(a) Minimum procedures.

(b) Services during pendency of proceedings.

1440. Payor of last resort.

(a) Nonsubstitution.

(b) Reduction of other benefits.

1441. State interagency coordinating council.

(a) Establishment.

(b) Composition.

(d) Management authority.

(e) Functions of council.

(f) Conflict of interest.

1442. Federal administration.

1443. Allocation of funds.

(a) Reservation of funds for outlying areas.

(b) Payments to Indians.

(d) Reallotment of funds.

1444. Federal Interagency Coordinating Council.

(a) Establishment and purpose.

(b) Composition.

(d) Functions of Council.

(e) Conflict of interest.

(f) Federal Advisory Committee Act.

1445. Authorization of appropriations.

SUBCHAPTER IV - NATIONAL ACTIVITIES TO IMPROVE EDUCATION OF

CHILDREN WITH DISABILITIES

PART A - STATE PROGRAM IMPROVEMENT GRANTS FOR CHILDREN WITH

DISABILITIES

1451. Findings and purpose.

(a) Findings.

(b) Purpose.

1452. Eligibility and collaborative process.

(a) Eligible applicants.

(b) Partners.

1453. Applications.

(a) In general.

(b) Determining child and program needs.

(d) Competitive awards.

(e) Peer review.

(f) Reporting procedures.

1454. Use of funds.

(a) In general.

(b) Use of funds for professional development.

1455. Minimum State grant amounts.

(a) In general.

(b) Inflation adjustment.

1456. Authorization of appropriations.

PART B - COORDINATED RESEARCH, PERSONNEL PREPARATION, TECHNICAL

ASSISTANCE, SUPPORT, AND DISSEMINATION OF INFORMATION

1461. Administrative provisions.

(a) Comprehensive plan.

(b) Eligible applicants.

(d) Special populations.

(e) Priorities.

(f) Applicant and recipient responsibilities.

(g) Application management.

(h) Program evaluation.

(i) Minimum funding required.

(j) Eligibility for financial assistance.

SUBPART 1 - IMPROVING EARLY INTERVENTION, EDUCATIONAL, AND

TRANSITIONAL SERVICES AND RESULTS FOR CHILDREN WITH DISABILITIES

THROUGH COORDINATED RESEARCH AND PERSONNEL PREPARATION

1471. Findings and purpose.

(a) Findings.

(b) Purpose.

1472. Research and innovation to improve services and results for

children with disabilities.

(a) In general.

(b) New knowledge production; authorized activities.

activities.

(d) Improving use of professional knowledge;

authorized activities.

(e) Balance among activities and age ranges.

(f) Applications.

(g) Authorization of appropriations.

1473. Personnel preparation to improve services and results for

children with disabilities.

(a) In general.

(b) Low-incidence disabilities; authorized

activities.

(d) Projects of national significance; authorized

activities.

(e) High-incidence disabilities; authorized

activities.

(f) Applications.

(g) Selection of recipients.

(h) Service obligation.

(i) Scholarships.

(j) Authorization of appropriations.

1474. Studies and evaluations.

(a) Studies and evaluations.

(b) National assessment.

(d) Technical assistance to LEA.

(e) Reservation for studies and technical assistance.

SUBPART 2 - IMPROVING EARLY INTERVENTION, EDUCATIONAL, AND

TRANSITIONAL SERVICES AND RESULTS FOR CHILDREN WITH DISABILITIES

THROUGH COORDINATED TECHNICAL ASSISTANCE, SUPPORT, AND

DISSEMINATION OF INFORMATION

1481. Findings and purposes.

(a) In general.

(b) Purposes.

1482. Parent training and information centers.

(a) Program authorized.

(b) Required activities.

(d) Application requirements.

(e) Distribution of funds.

(f) Quarterly review.

(g) ''Parent organization'' defined.

1483. Community parent resource centers.

(a) In general.

(b) Required activities.

1484. Technical assistance for parent training and information

centers.

(a) In general.

(b) Authorized activities.

1485. Coordinated technical assistance and dissemination.

(a) In general.

(b) Systemic technical assistance; authorized

activities.

(d) National information dissemination; authorized

activities.

(e) Applications.

1486. Authorization of appropriations.

1487. Technology development, demonstration, and utilization; and

media services.

(a) In general.

(b) Technology development, demonstration, and

utilization; authorized activities.

activities.

(d) Applications.

(e) Authorization of appropriations.

-COD-

CODIFICATION

The Individuals with Disabilities Education Act, comprising this

chapter, was originally enacted as title VI of Pub. L. 91-230, Apr.

13, 1970, 84 Stat. 175, known as the Education of the Handicapped

Act, and amended by Pub. L. 92-318, June 23, 1972, 86 Stat. 235;

Pub. L. 93-380, Aug. 21, 1974, 88 Stat. 484; Pub. L. 94-142, Nov.

29, 1975, 89 Stat. 773; Pub. L. 95-49, June 17, 1977, 91 Stat. 230;

Pub. L. 95-561, Nov. 1, 1978, 92 Stat. 2143; Pub. L. 96-270, June

14, 1980, 94 Stat. 487; Pub. L. 98-199, Dec. 2, 1983, 97 Stat.

1357; Pub. L. 99-159, Nov. 22, 1985, 99 Stat. 887; Pub. L. 99-362,

July 9, 1986, 100 Stat. 769; Pub. L. 99-372, Aug. 5, 1986, 100

Stat. 796; Pub. L. 99-457, Oct. 8, 1986, 100 Stat. 1145; Pub. L.

100-630, Nov. 7, 1988, 102 Stat. 3289; Pub. L. 101-476, Oct. 30,

1990, 104 Stat. 1103; Pub. L. 102-73, July 25, 1991, 105 Stat. 333;

Pub. L. 102-119, Oct. 7, 1991, 105 Stat. 587; Pub. L. 102-421, Oct.

16, 1992, 106 Stat. 2151; Pub. L. 102-569, Oct. 29, 1992, 106 Stat.

4344; Pub. L. 103-73, Aug. 11, 1993, 107 Stat. 718; Pub. L.

103-218, Mar. 9, 1994, 108 Stat. 50; Pub. L. 103-382, Oct. 20,

1994, 108 Stat. 3518. Title VI is shown herein, however, as having

been added by Pub. L. 105-17, title I, Sec. 101, June 4, 1997, 111

Stat. 37, without reference to those intervening amendments because

of the extensive revision of title VI by Pub. L. 105-17.

-SECREF-

CHAPTER REFERRED TO IN OTHER SECTIONS

This chapter is referred to in sections 1232h, 3441, 4356, 6062,

6143, 6311, 6312, 6314, 6362, 6363, 6366, 6367, 6381d, 6398, 6914,

7151, 7221f, 7269, 7515, 7703, 7703a, 9252 of this title; title 5

section 5924; title 10 section 2164; title 25 section 2503; title

29 sections 721, 2618; title 42 sections 290ff-2, 290ff-4, 300x-1,

1320b-20, 1760, 9840a, 15025, 15043.

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

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TITLE 20 - EDUCATION

CHAPTER 33 - EDUCATION OF INDIVIDUALS WITH DISABILITIES

SUBCHAPTER I - GENERAL PROVISIONS

-HEAD-

SUBCHAPTER I - GENERAL PROVISIONS

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20 USC Sec. 1400 01/06/03

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TITLE 20 - EDUCATION

CHAPTER 33 - EDUCATION OF INDIVIDUALS WITH DISABILITIES

SUBCHAPTER I - GENERAL PROVISIONS

-HEAD-

Sec. 1400. Congressional statements and declarations

-STATUTE-

(a) Short title

This chapter may be cited as the ''Individuals with Disabilities

Education Act''.

(b) Omitted

The Congress finds the following:

(1) Disability is a natural part of the human experience and in

no way diminishes the right of individuals to participate in or

contribute to society. Improving educational results for

children with disabilities is an essential element of our

national policy of ensuring equality of opportunity, full

participation, independent living, and economic self-sufficiency

for individuals with disabilities.

(2) Before the date of the enactment of the Education for All

Handicapped Children Act of 1975 (Public Law 94-142) -

(A) the special educational needs of children with

disabilities were not being fully met;

(B) more than one-half of the children with disabilities in

the United States did not receive appropriate educational

services that would enable such children to have full equality

of opportunity;

States were excluded entirely from the public school system and

did not go through the educational process with their peers;

(D) there were many children with disabilities throughout the

United States participating in regular school programs whose

disabilities prevented such children from having a successful

educational experience because their disabilities were

undetected; and

(E) because of the lack of adequate services within the

public school system, families were often forced to find

services outside the public school system, often at great

distance from their residence and at their own expense.

(3) Since the enactment and implementation of the Education for

All Handicapped Children Act of 1975, this chapter has been

successful in ensuring children with disabilities and the

families of such children access to a free appropriate public

education and in improving educational results for children with

disabilities.

(4) However, the implementation of this chapter has been

impeded by low expectations, and an insufficient focus on

applying replicable research on proven methods of teaching and

learning for children with disabilities.

(5) Over 20 years of research and experience has demonstrated

that the education of children with disabilities can be made more

effective by -

(A) having high expectations for such children and ensuring

their access in the general curriculum to the maximum extent

possible;

(B) strengthening the role of parents and ensuring that

families of such children have meaningful opportunities to

participate in the education of their children at school and at

home;

service agency, State, and Federal school improvement efforts

in order to ensure that such children benefit from such efforts

and that special education can become a service for such

children rather than a place where they are sent;

(D) providing appropriate special education and related

services and aids and supports in the regular classroom to such

children, whenever appropriate;

(E) supporting high-quality, intensive professional

development for all personnel who work with such children in

order to ensure that they have the skills and knowledge

necessary to enable them -

(i) to meet developmental goals and, to the maximum extent

possible, those challenging expectations that have been

established for all children; and

(ii) to be prepared to lead productive, independent, adult

lives, to the maximum extent possible;

(F) providing incentives for whole-school approaches and

pre-referral intervention to reduce the need to label children

as disabled in order to address their learning needs; and

(G) focusing resources on teaching and learning while

reducing paperwork and requirements that do not assist in

improving educational results.

(6) While States, local educational agencies, and educational

service agencies are responsible for providing an education for

all children with disabilities, it is in the national interest

that the Federal Government have a role in assisting State and

local efforts to educate children with disabilities in order to

improve results for such children and to ensure equal protection

of the law.

(7)(A) The Federal Government must be responsive to the growing

needs of an increasingly more diverse society. A more equitable

allocation of resources is essential for the Federal Government

to meet its responsibility to provide an equal educational

opportunity for all individuals.

(B) America's racial profile is rapidly changing. Between 1980

and 1990, the rate of increase in the population for white

Americans was 6 percent, while the rate of increase for racial

and ethnic minorities was much higher: 53 percent for Hispanics,

13.2 percent for African-Americans, and 107.8 percent for Asians.

nearly one of every three of whom will be either

African-American, Hispanic, Asian-American, or American Indian.

(D) Taken together as a group, minority children are comprising

an ever larger percentage of public school students. Large-city

school populations are overwhelmingly minority, for example: for

fall 1993, the figure for Miami was 84 percent; Chicago, 89

percent; Philadelphia, 78 percent; Baltimore, 84 percent;

Houston, 88 percent; and Los Angeles, 88 percent.

(E) Recruitment efforts within special education must focus on

bringing larger numbers of minorities into the profession in

order to provide appropriate practitioner knowledge, role models,

and sufficient manpower to address the clearly changing

demography of special education.

(F) The limited English proficient population is the fastest

growing in our Nation, and the growth is occurring in many parts

of our Nation. In the Nation's 2 largest school districts,

limited English proficient students make up almost half of all

students initially entering school at the kindergarten level.

Studies have documented apparent discrepancies in the levels of

referral and placement of limited English proficient children in

special education. The Department of Education has found that

services provided to limited English proficient students often do

not respond primarily to the pupil's academic needs. These

trends pose special challenges for special education in the

referral, assessment, and services for our Nation's students from

non-English language backgrounds.

(8)(A) Greater efforts are needed to prevent the

intensification of problems connected with mislabeling and high

dropout rates among minority children with disabilities.

(B) More minority children continue to be served in special

education than would be expected from the percentage of minority

students in the general school population.

be identified by their teacher as having mental retardation than

their white counterpart.

(D) Although African-Americans represent 16 percent of

elementary and secondary enrollments, they constitute 21 percent

of total enrollments in special education.

(E) The drop-out rate is 68 percent higher for minorities than

for whites.

(F) More than 50 percent of minority students in large cities

drop out of school.

(9)(A) The opportunity for full participation in awards for

grants and contracts; boards of organizations receiving funds

under this chapter; and peer review panels; and training of

professionals in the area of special education by minority

individuals, organizations, and historically black colleges and

universities is essential if we are to obtain greater success in

the education of minority children with disabilities.

(B) In 1993, of the 915,000 college and university professors,

4.9 percent were African-American and 2.4 percent were Hispanic.

Of the 2,940,000 teachers, prekindergarten through high school,

6.8 percent were African-American and 4.1 percent were Hispanic.

of K-12 public school enrollment in seven States yet minority

enrollment in teacher training programs is less than 15 percent

in all but six States.

(D) As the number of African-American and Hispanic students in

special education increases, the number of minority teachers and

related service personnel produced in our colleges and

universities continues to decrease.

(E) Ten years ago, 12 percent of the United States teaching

force in public elementary and secondary schools were members of

a minority group. Minorities comprised 21 percent of the

national population at that time and were clearly

underrepresented then among employed teachers. Today, the

elementary and secondary teaching force is 13 percent minority,

while one-third of the students in public schools are minority

children.

(F) As recently as 1991, historically black colleges and

universities enrolled 44 percent of the African-American teacher

trainees in the Nation. However, in 1993, historically black

colleges and universities received only 4 percent of the

discretionary funds for special education and related services

personnel training under this chapter.

(G) While African-American students constitute 28 percent of

total enrollment in special education, only 11.2 percent of

individuals enrolled in preservice training programs for special

education are African-American.

(H) In 1986-87, of the degrees conferred in education at the

B.A., M.A., and Ph.D. levels, only 6, 8, and 8 percent,

respectively, were awarded to African-American or Hispanic

students.

(10) Minorities and underserved persons are socially

disadvantaged because of the lack of opportunities in training

and educational programs, undergirded by the practices in the

private sector that impede their full participation in the

mainstream of society.

(d) Purposes

The purposes of this chapter are -

(1)(A) to ensure that all children with disabilities have

available to them a free appropriate public education that

emphasizes special education and related services designed to

meet their unique needs and prepare them for employment and

independent living;

(B) to ensure that the rights of children with disabilities and

parents of such children are protected; and

and Federal agencies to provide for the education of all children

with disabilities;

(2) to assist States in the implementation of a statewide,

comprehensive, coordinated, multidisciplinary, interagency system

of early intervention services for infants and toddlers with

disabilities and their families;

(3) to ensure that educators and parents have the necessary

tools to improve educational results for children with

disabilities by supporting systemic-change activities;

coordinated research and personnel preparation; coordinated

technical assistance, dissemination, and support; and technology

development and media services; and

(4) to assess, and ensure the effectiveness of, efforts to

educate children with disabilities.

-SOURCE-

(Pub. L. 91-230, title VI, Sec. 601, as added Pub. L. 105-17, title

I, Sec. 101, June 4, 1997, 111 Stat. 37.)

-REFTEXT-

REFERENCES IN TEXT

This chapter, referred to in subsecs. (a) and (c), was in the

original ''this Act'' and has been translated throughout this

chapter as reading ''this title'', meaning title VI of Pub. L.

91-230, as amended, popularly known as the ''Individuals with

Disabilities Education Act'', to reflect the probable intent of

Congress.

The Education for All Handicapped Children Act of 1975, referred

to in subsec. (c)(2), (3), is Pub. L. 94-142, Nov. 29, 1975, 89

Stat. 773, as amended. For complete classification of this Act to

the Code, see Short Title of 1975 Amendment note set out below and

Tables.

-COD-

CODIFICATION

Section is comprised of section 601 of Pub. L. 91-230. Subsec.

(b) of section 601 of Pub. L. 91-230 set out the table of contents

for the Individuals with Disabilities Education Act.

-MISC3-

PRIOR PROVISIONS

A prior section 1400, Pub. L. 91-230, title VI, Sec. 601, Apr.

13, 1970, 84 Stat. 175; Pub. L. 94-142, Sec. 3, Nov. 29, 1975, 89

Stat. 774; Pub. L. 101-476, title IX, Sec. 901(a)(1), (b)(1)-(9),

Oct. 30, 1990, 104 Stat. 1141, 1142; Pub. L. 102-119, Sec. 25(b),

Oct. 7, 1991, 105 Stat. 607, contained short title for this chapter

and related to congressional statements and declarations, prior to

the general amendment of subchapters I to IV of this chapter by

Pub. L. 105-17. This section had been classified as a note under

former section 1401 of this title prior to being amended by Pub. L.

94-142.

EFFECTIVE DATE

Section 201(a) of Pub. L. 105-17 provided that:

''(1) In general. - Except as provided in paragraph (2), parts A

and B of the Individuals with Disabilities Education Act

(subchapters I and II of this chapter), as amended by title I,

shall take effect upon the enactment of this Act (June 4, 1997).

''(2) Exceptions. -

''(A) In general. - Sections 612(a)(4), 612(a)(14), 612(a)(16),

614(d) (except for paragraph (6)), and 618 of the Individuals

with Disabilities Education Act (20 U.S.C. 1412(a)(4), (14),

(16), 1414(d) (except for par. (6)), 1418), as amended by title

I, shall take effect on July 1, 1998.

''(B) Section 617. - Section 617 of the Individuals with

Disabilities Education Act (20 U.S.C. 1417), as amended by title

I, shall take effect on October 1, 1997.

''(C) Individualized education programs and comprehensive

system of personnel development. - Section 618 of the Individuals

with Disabilities Education Act (20 U.S.C. 1418), as in effect on

the day before the date of the enactment of this Act (June 4,

1997), and the provisions of parts A and B of the Individuals

with Disabilities Education Act (subchapters I and II of this

chapter) relating to individualized education programs and the

State's comprehensive system of personnel development, as so in

effect, shall remain in effect until July 1, 1998.

''(D) Sections 611 and 619. - Sections 611 and 619 (20 U.S.C.

1411, 1419), as amended by title I, shall take effect beginning

with funds appropriated for fiscal year 1998.''

SHORT TITLE OF 1997 AMENDMENT

Section 1 of Pub. L. 105-17 provided that: ''This Act (enacting

subchapters I to IV of this chapter, repealing former subchapters

III and V to IX of this chapter, and enacting provisions set out as

notes under this section and sections 1431 and 1451 of this title)

may be cited as the 'Individuals with Disabilities Education Act

Amendments of 1997'.''

SHORT TITLE OF 1991 AMENDMENT

Pub. L. 102-119, Sec. 1, Oct. 7, 1991, 105 Stat. 587, provided

that: ''This Act (see Tables for classification) may be cited as

the 'Individuals with Disabilities Education Act Amendments of

1991'.''

SHORT TITLE OF 1990 AMENDMENT

Pub. L. 101-476, Sec. 1(a), Oct. 30, 1990, 104 Stat. 1103,

provided that: ''This Act (see Tables for classification) may be

cited as the 'Education of the Handicapped Act Amendments of

1990'.''

SHORT TITLE OF 1988 AMENDMENT

Pub. L. 100-630, Sec. 1, Nov. 7, 1988, 102 Stat. 3289, provided

that: ''This Act (amending sections 101, 1401, 1404, 1406, 1407,

1411 to 1419, 1421 to 1425, 1431 to 1433, 1441, 1443, 1451, 1452,

1461, 1471, 1472, and 1475 to 1482 of this title, sections 702,

705, 706, 709, 711, 713, 717, 720 to 723, 731, 732, 740, 741, 750,

752, 761 to 762, 770, 772, 774 to 776, 777 to 777b, 777d, 777f,

780, 781 to 783, 791 to 794, 794b, 794d, 795a, 795g to 795i, 795l

to 795n, 795q, 796a to 796g, 796i, and 1904 of Title 29, Labor, and

section 155 of Title 36, Patriotic Societies and Observances,

enacting provisions set out as notes under sections 101, 1419, and

1432 of this title and sections 731 and 777c of Title 29, and

repealing provisions set out as a note under section 795m of Title

29) may be cited as the 'Handicapped Programs Technical Amendments

Act of 1988'.''

SHORT TITLE OF 1986 AMENDMENTS

Pub. L. 99-457, Sec. 1(a), Oct. 8, 1986, 100 Stat. 1145, provided

that: ''This Act (enacting sections 1408, 1461, 1462, and 1471 to

1485 of this title, amending sections 1401, 1406, 1411 to 1413,

1418, 1419, 1421 to 1424, 1424a, 1425, 1427, 1431 to 1433, 1435,

1441, 1443, 1444, 1452, and 1454 of this title, repealing sections

1403 and 1453 of this title, and enacting provisions set out as

notes under sections 1419 and 1485 of this title) may be cited as

the 'Education of the Handicapped Act Amendments of 1986'.''

Pub. L. 99-372, Sec. 1, Aug. 5, 1986, 100 Stat. 796, provided

that: ''This Act (amending section 1415 of this title and enacting

provisions set out as notes under section 1415 of this title) may

be cited as the 'Handicapped Children's Protection Act of 1986'.''

SHORT TITLE OF 1983 AMENDMENT

Pub. L. 98-199, Sec. 1, Dec. 2, 1983, 97 Stat. 1357, provided:

''That this Act (enacting sections 1407 and 1427 of this title,

amending sections 1401 to 1404, 1406, 1411 to 1414, 1416 to 1426,

1431 to 1435, 1441 to 1444, 1452, 1454, and 1461 of this title,

repealing section 1461 of this title, omitting section 1436 of this

title, enacting a provision set out as a note under section 1401 of

this title, and amending provisions set out as notes under sections

101, 681, and 1411 of this title) may be cited as the 'Education of

the Handicapped Act Amendments of 1983'.''

SHORT TITLE OF 1977 AMENDMENT

Pub. L. 95-49, Sec. 1, June 17, 1977, 91 Stat. 230, provided:

''That this Act (amending sections 1426, 1436, 1441, 1444, and 1454

of this title, and enacting provisions set out as a note under

section 1426 of this title) may be cited as the 'Education of the

Handicapped Amendments of 1977'.''

SHORT TITLE OF 1975 AMENDMENT

Pub. L. 94-142, Sec. 1, Nov. 29, 1975, 89 Stat. 773, provided:

''That this Act (enacting sections 1405, 1406, 1415, 1416, 1417,

1418, 1419, and 1420 of this title, amending this section and

sections 1232, 1401, 1411, 1411 notes, 1412, 1412 note, 1413, 1413

note, 1414, and 1453 of this title, and enacting provisions set out

as a note under section 1411 of this title) may be cited as the

'Education for All Handicapped Children Act of 1975'.''

SHORT TITLE OF 1974 AMENDMENT

Pub. L. 93-380, title VI, Sec. 611, Aug. 21, 1974, 88 Stat. 579,

provided that: ''This title (enacting section 1424a of this title,

amending sections 1402, 1403, 1411 to 1413, 1426, 1436, 1444, 1452,

1454, and 1461 of this title, and enacting provisions set out as

notes under sections 1402 and 1411 to 1413 of this title) may be

cited as the 'Education of the Handicapped Amendments of 1974'.''

REFERENCES TO EDUCATION OF THE HANDICAPPED ACT

Pub. L. 101-476, title IX, Sec. 901(a)(3), Oct. 30, 1990, 104

Stat. 1142, provided that: ''Any other Act and any regulation which

refers to the Education of the Handicapped Act shall be considered

to refer to the Individuals with Disabilities Education Act.''

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1411, 1412 of this title.

-CITE-

20 USC Sec. 1401 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 33 - EDUCATION OF INDIVIDUALS WITH DISABILITIES

SUBCHAPTER I - GENERAL PROVISIONS

-HEAD-

Sec. 1401. Definitions

-STATUTE-

Except as otherwise provided, as used in this chapter:

(1) Assistive technology device

The term ''assistive technology device'' means any item, piece

of equipment, or product system, whether acquired commercially

off the shelf, modified, or customized, that is used to increase,

maintain, or improve functional capabilities of a child with a

disability.

(2) Assistive technology service

The term ''assistive technology service'' means any service

that directly assists a child with a disability in the selection,

acquisition, or use of an assistive technology device. Such term

includes -

(A) the evaluation of the needs of such child, including a

functional evaluation of the child in the child's customary

environment;

(B) purchasing, leasing, or otherwise providing for the

acquisition of assistive technology devices by such child;

applying, maintaining, repairing, or replacing of assistive

technology devices;

(D) coordinating and using other therapies, interventions, or

services with assistive technology devices, such as those

associated with existing education and rehabilitation plans and

programs;

(E) training or technical assistance for such child, or,

where appropriate, the family of such child; and

(F) training or technical assistance for professionals

(including individuals providing education and rehabilitation

services), employers, or other individuals who provide services

to, employ, or are otherwise substantially involved in the

major life functions of such child.

(3) Child with a disability

(A) In general

The term ''child with a disability'' means a child -

(i) with mental retardation, hearing impairments (including

deafness), speech or language impairments, visual impairments

(including blindness), serious emotional disturbance

(hereinafter referred to as ''emotional disturbance''),

orthopedic impairments, autism, traumatic brain injury, other

health impairments, or specific learning disabilities; and

(ii) who, by reason thereof, needs special education and

related services.

(B) Child aged 3 through 9

The term ''child with a disability'' for a child aged 3

through 9 may, at the discretion of the State and the local

educational agency, include a child -

(i) experiencing developmental delays, as defined by the

State and as measured by appropriate diagnostic instruments

and procedures, in one or more of the following areas:

physical development, cognitive development, communication

development, social or emotional development, or adaptive

development; and

(ii) who, by reason thereof, needs special education and

related services.

(4) Educational service agency

The term ''educational service agency'' -

(A) means a regional public multiservice agency -

(i) authorized by State law to develop, manage, and provide

services or programs to local educational agencies; and

(ii) recognized as an administrative agency for purposes of

the provision of special education and related services

provided within public elementary and secondary schools of

the State; and

(B) includes any other public institution or agency having

administrative control and direction over a public elementary

or secondary school.

(5) Elementary school

The term ''elementary school'' means a nonprofit institutional

day or residential school that provides elementary education, as

determined under State law.

(6) Equipment

The term ''equipment'' includes -

(A) machinery, utilities, and built-in equipment and any

necessary enclosures or structures to house such machinery,

utilities, or equipment; and

(B) all other items necessary for the functioning of a

particular facility as a facility for the provision of

educational services, including items such as instructional

equipment and necessary furniture; printed, published, and

audio-visual instructional materials; telecommunications,

sensory, and other technological aids and devices; and books,

periodicals, documents, and other related materials.

(7) Excess costs

The term ''excess costs'' means those costs that are in excess

of the average annual per-student expenditure in a local

educational agency during the preceding school year for an

elementary or secondary school student, as may be appropriate,

and which shall be computed after deducting -

(A) amounts received -

(i) under subchapter II of this chapter;

(ii) under part A of title I of the Elementary and

Secondary Education Act of 1965 (20 U.S.C. 6311 et seq.); or

(iii) under part A of title VII of that Act (20 U.S.C. 7401

et seq.); and

(B) any State or local funds expended for programs that would

qualify for assistance under any of those parts.

(8) Free appropriate public education

The term ''free appropriate public education'' means special

education and related services that -

(A) have been provided at public expense, under public

supervision and direction, and without charge;

(B) meet the standards of the State educational agency;

secondary school education in the State involved; and

(D) are provided in conformity with the individualized

education program required under section 1414(d) of this title.

(9) Indian

The term ''Indian'' means an individual who is a member of an

Indian tribe.

(10) Indian tribe

The term ''Indian tribe'' means any Federal or State Indian

tribe, band, rancheria, pueblo, colony, or community, including

any Alaska Native village or regional village corporation (as

defined in or established under the Alaska Native Claims

Settlement Act (43 U.S.C. 1601 et seq.)).

(11) Individualized education program

The term ''individualized education program'' or ''IEP'' means

a written statement for each child with a disability that is

developed, reviewed, and revised in accordance with section

1414(d) of this title.

(12) Individualized family service plan

The term ''individualized family service plan'' has the meaning

given such term in section 1436 of this title.

(13) Infant or toddler with a disability

The term ''infant or toddler with a disability'' has the

meaning given such term in section 1432 of this title.

(14) Institution of higher education

The term ''institution of higher education'' -

(A) has the meaning given that term in section 1141(a)

(FOOTNOTE 1) of this title; and

(FOOTNOTE 1) See References in Text note below.

(B) also includes any community college receiving funding

from the Secretary of the Interior under the Tribally

Controlled College or University Assistance Act of 1978 (25

U.S.C. 1801 et seq.).

(15) Local educational agency

(A) The term ''local educational agency'' means a public board

of education or other public authority legally constituted within

a State for either administrative control or direction of, or to

perform a service function for, public elementary or secondary

schools in a city, county, township, school district, or other

political subdivision of a State, or for such combination of

school districts or counties as are recognized in a State as an

administrative agency for its public elementary or secondary

schools.

(B) The term includes -

(i) an educational service agency, as defined in paragraph

(4); and

(ii) any other public institution or agency having

administrative control and direction of a public elementary or

secondary school.

by the Bureau of Indian Affairs, but only to the extent that such

inclusion makes the school eligible for programs for which

specific eligibility is not provided to the school in another

provision of law and the school does not have a student

population that is smaller than the student population of the

local educational agency receiving assistance under this chapter

with the smallest student population, except that the school

shall not be subject to the jurisdiction of any State educational

agency other than the Bureau of Indian Affairs.

(16) Native language

The term ''native language'', when used with reference to an

individual of limited English proficiency, means the language

normally used by the individual, or in the case of a child, the

language normally used by the parents of the child.

(17) Nonprofit

The term ''nonprofit'', as applied to a school, agency,

organization, or institution, means a school, agency,

organization, or institution owned and operated by one or more

nonprofit corporations or associations no part of the net

earnings of which inures, or may lawfully inure, to the benefit

of any private shareholder or individual.

(18) Outlying area

The term ''outlying area'' means the United States Virgin

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

Northern Mariana Islands.

(19) Parent

The term ''parent'' -

(A) includes a legal guardian; and

(B) except as used in sections 1415(b)(2) and 1439(a)(5) of

this title, includes an individual assigned under either of

those sections to be a surrogate parent.

(20) Parent organization

The term ''parent organization'' has the meaning given that

term in section 1482(g) of this title.

(21) Parent training and information center

The term ''parent training and information center'' means a

center assisted under section 1482 or 1483 of this title.

(22) Related services

The term ''related services'' means transportation, and such

developmental, corrective, and other supportive services

(including speech-language pathology and audiology services,

psychological services, physical and occupational therapy,

recreation, including therapeutic recreation, social work

services, counseling services, including rehabilitation

counseling, orientation and mobility services, and medical

services, except that such medical services shall be for

diagnostic and evaluation purposes only) as may be required to

assist a child with a disability to benefit from special

education, and includes the early identification and assessment

of disabling conditions in children.

(23) Secondary school

The term ''secondary school'' means a nonprofit institutional

day or residential school that provides secondary education, as

determined under State law, except that it does not include any

education beyond grade 12.

(24) Secretary

The term ''Secretary'' means the Secretary of Education.

(25) Special education

The term ''special education'' means specially designed

instruction, at no cost to parents, to meet the unique needs of a

child with a disability, including -

(A) instruction conducted in the classroom, in the home, in

hospitals and institutions, and in other settings; and

(B) instruction in physical education.

(26) Specific learning disability

(A) In general

The term ''specific learning disability'' means a disorder in

one or more of the basic psychological processes involved in

understanding or in using language, spoken or written, which

disorder may manifest itself in imperfect ability to listen,

think, speak, read, write, spell, or do mathematical

calculations.

(B) Disorders included

Such term includes such conditions as perceptual

disabilities, brain injury, minimal brain dysfunction,

dyslexia, and developmental aphasia.

Such term does not include a learning problem that is

primarily the result of visual, hearing, or motor disabilities,

of mental retardation, of emotional disturbance, or of

environmental, cultural, or economic disadvantage.

(27) State

The term ''State'' means each of the 50 States, the District of

Columbia, the Commonwealth of Puerto Rico, and each of the

outlying areas.

(28) State educational agency

The term ''State educational agency'' means the State board of

education or other agency or officer primarily responsible for

the State supervision of public elementary and secondary schools,

or, if there is no such officer or agency, an officer or agency

designated by the Governor or by State law.

(29) Supplementary aids and services

The term ''supplementary aids and services'' means, (FOOTNOTE

2) aids, services, and other supports that are provided in

regular education classes or other education-related settings to

enable children with disabilities to be educated with nondisabled

children to the maximum extent appropriate in accordance with

section 1412(a)(5) of this title.

(FOOTNOTE 2) So in original. The comma probably should not

appear.

(30) Transition services

The term ''transition services'' means a coordinated set of

activities for a student with a disability that -

(A) is designed within an outcome-oriented process, which

promotes movement from school to post-school activities,

including post-secondary education, vocational training,

integrated employment (including supported employment),

continuing and adult education, adult services, independent

living, or community participation;

(B) is based upon the individual student's needs, taking into

account the student's preferences and interests; and

experiences, the development of employment and other

post-school adult living objectives, and, when appropriate,

acquisition of daily living skills and functional vocational

evaluation.

-SOURCE-

(Pub. L. 91-230, title VI, Sec. 602, as added Pub. L. 105-17, title

I, Sec. 101, June 4, 1997, 111 Stat. 42; amended Pub. L. 105-244,

title IX, Sec. 901(d), Oct. 7, 1998, 112 Stat. 1828.)

-REFTEXT-

REFERENCES IN TEXT

The Elementary and Secondary Education Act of 1965, referred to

in par. (7)(A)(ii), (iii), is Pub. L. 89-10, Apr. 11, 1965, 79

Stat. 27, as amended. Part A of title I and part A of title VII of

the Act are classified generally to part A (Sec. 6311 et seq.) of

subchapter I and part A (Sec. 7401 et seq.) of subchapter VII,

respectively, of chapter 70 of this title. For complete

classification of this Act to the Code, see Short Title note set

out under section 6301 of this title and Tables.

The Alaska Native Claims Settlement Act, referred to in par.

(10), is Pub. L. 92-203, Dec. 18, 1971, 85 Stat. 688, as amended,

which is classified generally to chapter 33 (Sec. 1601 et seq.) of

Title 43, Public Lands. For complete classification of this Act to

the Code, see Short Title note set out under section 1601 of Title

43 and Tables.

Section 1141(a) of this title, referred to in par. (14)(A), was

repealed by Pub. L. 105-244, Sec. 3, title I, Sec. 101(b), title

VII, Sec. 702, Oct. 7, 1998, 112 Stat. 1585, 1616, 1803, effective

Oct. 1, 1998. However, the term ''institution of higher education''

is defined in section 1001 of this title.

The Tribally Controlled College or University Assistance Act of

1978, referred to in par. (14)(B), is Pub. L. 95-471, Oct. 17,

1978, 92 Stat. 1325, as amended, which is classified principally to

chapter 20 (Sec. 1801 et seq.) of Title 25, Indians. For complete

classification of this Act to the Code, see Short Title note set

out under section 1801 of Title 25 and Tables.

-MISC2-

PRIOR PROVISIONS

A prior section 1401, Pub. L. 91-230, title VI, Sec. 602, Apr.

13, 1970, 84 Stat. 175; Pub. L. 94-142, Sec. 4(a), Nov. 29, 1975,

89 Stat. 775; Pub. L. 98-199, Sec. 2, 3(b), Dec. 2, 1983, 97 Stat.

1357, 1358; Pub. L. 99-457, title IV, Sec. 402, Oct. 8, 1986, 100

Stat. 1172; Pub. L. 100-630, title I, Sec. 101(a), Nov. 7, 1988,

102 Stat. 3289; Pub. L. 101-476, title I, Sec. 101, title IX, Sec.

901(b)(10)-(20), Oct. 30, 1990, 104 Stat. 1103, 1142, 1143; Pub. L.

102-73, title VIII, Sec. 802(d)(1), July 25, 1991, 105 Stat. 361;

Pub. L. 102-119, Sec. 3, 25(a)(1), (b), Oct. 7, 1991, 105 Stat.

587, 605, 607; Pub. L. 103-382, title III, Sec. 391(f)(1), Oct. 20,

1994, 108 Stat. 4023, related to definitions of terms used in this

chapter, prior to the general amendment of subchapters I to IV of

this chapter by Pub. L. 105-17.

AMENDMENTS

1998 - Par. (14)(B). Pub. L. 105-244 substituted ''Tribally

Controlled College or University Assistance Act of 1978'' for

''Tribally Controlled Community College Assistance Act of 1978''.

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 1003, 1087ee, 1087ii,

1412, 1414, 1418, 5802, 6063, 6103, 6311, 6362, 7221g, 7801 of this

title; title 10 section 2164; title 42 sections 290ff-2, 1396n,

9832, 9859, 12511.

-CITE-

20 USC Sec. 1402 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 33 - EDUCATION OF INDIVIDUALS WITH DISABILITIES

SUBCHAPTER I - GENERAL PROVISIONS

-HEAD-

Sec. 1402. Office of Special Education Programs

-STATUTE-

(a) Establishment

There shall be, within the Office of Special Education and

Rehabilitative Services in the Department of Education, an Office

of Special Education Programs, which shall be the principal agency

in such Department for administering and carrying out this chapter

and other programs and activities concerning the education of

children with disabilities.

(b) Director

The Office established under subsection (a) of this section shall

be headed by a Director who shall be selected by the Secretary and

shall report directly to the Assistant Secretary for Special

Education and Rehabilitative Services.

Notwithstanding section 1342 of title 31, the Secretary is

authorized to accept voluntary and uncompensated services in

furtherance of the purposes of this chapter.

-SOURCE-

(Pub. L. 91-230, title VI, Sec. 603, as added Pub. L. 105-17, title

I, Sec. 101, June 4, 1997, 111 Stat. 46.)

-MISC1-

PRIOR PROVISIONS

A prior section 1402, Pub. L. 91-230, title VI, Sec. 603, Apr.

13, 1970, 84 Stat. 177; Pub. L. 93-380, title VI, Sec. 612(a), Aug.

21, 1974, 88 Stat. 579; Pub. L. 98-199, Sec. 3(a), Dec. 2, 1983, 97

Stat. 1357; Pub. L. 101-476, title IX, Sec. 901(b)(21), Oct. 30,

1990, 104 Stat. 1143; Pub. L. 102-119, Sec. 25(b), Oct. 7, 1991,

105 Stat. 607, related to the Office of Special Education Programs,

prior to the general amendment of subchapters I to IV of this

chapter by Pub. L. 105-17.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in title 29 section 772.

-CITE-

20 USC Sec. 1403 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 33 - EDUCATION OF INDIVIDUALS WITH DISABILITIES

SUBCHAPTER I - GENERAL PROVISIONS

-HEAD-

Sec. 1403. Abrogation of State sovereign immunity

-STATUTE-

(a) In general

A State shall not be immune under the eleventh amendment to the

Constitution of the United States from suit in Federal court for a

violation of this chapter.

(b) Remedies

In a suit against a State for a violation of this chapter,

remedies (including remedies both at law and in equity) are

available for such a violation to the same extent as those remedies

are available for such a violation in the suit against any public

entity other than a State.

Subsections (a) and (b) of this section apply with respect to

violations that occur in whole or part after October 30, 1990.

-SOURCE-

(Pub. L. 91-230, title VI, Sec. 604, as added Pub. L. 105-17, title

I, Sec. 101, June 4, 1997, 111 Stat. 47.)

-MISC1-

PRIOR PROVISIONS

A prior section 1403, Pub. L. 91-230, title VI, Sec. 604, as

added Pub. L. 101-476, title I, Sec. 103, Oct. 30, 1990, 104 Stat.

1106, related to abrogation of State sovereign immunity, prior to

the general amendment of subchapters I to IV of this chapter by

Pub. L. 105-17.

Another prior section 1403, Pub. L. 91-230, title VI, Sec. 604,

Apr. 13, 1970, 84 Stat. 177; Pub. L. 93-380, title VI, Sec. 613,

Aug. 21, 1974, 88 Stat. 580; Pub. L. 94-273, Sec. 3(14), 13(2),

Apr. 21, 1976, 90 Stat. 376, 378; Pub. L. 98-199, Sec. 4, Dec. 2,

1983, 97 Stat. 1358, established the National Advisory Committee on

the Education of Handicapped Children and Youth, prior to repeal by

Pub. L. 99-457, title IV, Sec. 407, Oct. 8, 1986, 100 Stat. 1177.

-CITE-

20 USC Sec. 1404 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 33 - EDUCATION OF INDIVIDUALS WITH DISABILITIES

SUBCHAPTER I - GENERAL PROVISIONS

-HEAD-

Sec. 1404. Acquisition of equipment; construction or alteration of

facilities

-STATUTE-

(a) In general

If the Secretary determines that a program authorized under this

chapter would be improved by permitting program funds to be used to

acquire appropriate equipment, or to construct new facilities or

alter existing facilities, the Secretary is authorized to allow the

use of those funds for those purposes.

(b) Compliance with certain regulations

Any construction of new facilities or alteration of existing

facilities under subsection (a) of this section shall comply with

the requirements of -

(1) appendix A of part 36 of title 28, Code of Federal

Regulations (commonly known as the ''Americans with Disabilities

Accessibility Guidelines for Buildings and Facilities''); or

(2) appendix A of part 101-19.6 of title 41, Code of Federal

Regulations (commonly known as the ''Uniform Federal

Accessibility Standards'').

-SOURCE-

(Pub. L. 91-230, title VI, Sec. 605, as added Pub. L. 105-17, title

I, Sec. 101, June 4, 1997, 111 Stat. 47.)

-MISC1-

PRIOR PROVISIONS

A prior section 1404, Pub. L. 91-230, title VI, Sec. 605, Apr.

13, 1970, 84 Stat. 177; Pub. L. 98-199, Sec. 3(b), Dec. 2, 1983, 97

Stat. 1358; Pub. L. 100-630, title I, Sec. 101(b), Nov. 7, 1988,

102 Stat. 3290; Pub. L. 102-119, Sec. 25(a)(2), Oct. 7, 1991, 105

Stat. 605, related to acquisition of equipment and construction of

necessary facilities, prior to the general amendment of subchapters

I to IV of this chapter by Pub. L. 105-17.

-CITE-

20 USC Sec. 1405 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 33 - EDUCATION OF INDIVIDUALS WITH DISABILITIES

SUBCHAPTER I - GENERAL PROVISIONS

-HEAD-

Sec. 1405. Employment of individuals with disabilities

-STATUTE-

The Secretary shall ensure that each recipient of assistance

under this chapter makes positive efforts to employ and advance in

employment qualified individuals with disabilities in programs

assisted under this chapter.

-SOURCE-

(Pub. L. 91-230, title VI, Sec. 606, as added Pub. L. 105-17, title

I, Sec. 101, June 4, 1997, 111 Stat. 47.)

-MISC1-

PRIOR PROVISIONS

A prior section 1405, Pub. L. 91-230, title VI, Sec. 606, as

added Pub. L. 94-142, Sec. 6(a), Nov. 29, 1975, 89 Stat. 795;

amended Pub. L. 101-476, title IX, Sec. 901(b)(22), (23), Oct. 30,

1990, 104 Stat. 1143; Pub. L. 102-119, Sec. 25(b), Oct. 7, 1991,

105 Stat. 607, related to employment of individuals with

disabilities by recipients of assistance under this chapter, prior

to the general amendment of subchapters I to IV of this chapter by

Pub. L. 105-17.

-CITE-

20 USC Sec. 1406 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 33 - EDUCATION OF INDIVIDUALS WITH DISABILITIES

SUBCHAPTER I - GENERAL PROVISIONS

-HEAD-

Sec. 1406. Requirements for prescribing regulations

-STATUTE-

(a) Public comment period

The Secretary shall provide a public comment period of at least

90 days on any regulation proposed under subchapter II or

subchapter III of this chapter on which an opportunity for public

comment is otherwise required by law.

(b) Protections provided to children

The Secretary may not implement, or publish in final form, any

regulation prescribed pursuant to this chapter that would

procedurally or substantively lessen the protections provided to

children with disabilities under this chapter, as embodied in

regulations in effect on July 20, 1983 (particularly as such

protections relate to parental consent to initial evaluation or

initial placement in special education, least restrictive

environment, related services, timelines, attendance of evaluation

personnel at individualized education program meetings, or

qualifications of personnel), except to the extent that such

regulation reflects the clear and unequivocal intent of the

Congress in legislation.

The Secretary may not, through policy letters or other

statements, establish a rule that is required for compliance with,

and eligibility under, this subchapter without following the

requirements of section 553 of title 5.

(d) Correspondence from Department of Education describing

interpretations of this chapter

(1) In general

The Secretary shall, on a quarterly basis, publish in the

Federal Register, and widely disseminate to interested entities

through various additional forms of communication, a list of

correspondence from the Department of Education received by

individuals during the previous quarter that describes the

interpretations of the Department of Education of this chapter or

the regulations implemented pursuant to this chapter.

(2) Additional information

For each item of correspondence published in a list under

paragraph (1), the Secretary shall identify the topic addressed

by the correspondence and shall include such other summary

information as the Secretary determines to be appropriate.

(e) Issues of national significance

If the Secretary receives a written request regarding a policy,

question, or interpretation under subchapter II of this chapter,

and determines that it raises an issue of general interest or

applicability of national significance to the implementation of

subchapter II of this chapter, the Secretary shall -

(1) include a statement to that effect in any written response;

(2) widely disseminate that response to State educational

agencies, local educational agencies, parent and advocacy

organizations, and other interested organizations, subject to

applicable laws relating to confidentiality of information; and

(3) not later than one year after the date on which the

Secretary responds to the written request, issue written guidance

on such policy, question, or interpretation through such means as

the Secretary determines to be appropriate and consistent with

law, such as a policy memorandum, notice of interpretation, or

notice of proposed rulemaking.

(f) Explanation

Any written response by the Secretary under subsection (e) of

this section regarding a policy, question, or interpretation under

subchapter II of this chapter shall include an explanation that the

written response -

(1) is provided as informal guidance and is not legally

binding; and

(2) represents the interpretation by the Department of

Education of the applicable statutory or regulatory requirements

in the context of the specific facts presented.

-SOURCE-

(Pub. L. 91-230, title VI, Sec. 607, as added Pub. L. 105-17, title

I, Sec. 101, June 4, 1997, 111 Stat. 47.)

-MISC1-

PRIOR PROVISIONS

Prior sections 1406 to 1409 were omitted in the general amendment

of subchapters I to IV of this chapter by Pub. L. 105-17.

Section 1406, Pub. L. 91-230, title VI, Sec. 607, as added Pub.

L. 94-142, Sec. 6(a), Nov. 29, 1975, 89 Stat. 795; amended Pub. L.

98-199, Sec. 3(b), 5, Dec. 2, 1983, 97 Stat. 1358; Pub. L. 99-457,

title IV, Sec. 401, Oct. 8, 1986, 100 Stat. 1172; Pub. L. 100-630,

title I, Sec. 101(c), Nov. 7, 1988, 102 Stat. 3290, related to

grants for removal of architectural barriers.

Section 1407, Pub. L. 91-230, title VI, Sec. 608, as added Pub.

L. 98-199, Sec. 6, Dec. 2, 1983, 97 Stat. 1359; amended Pub. L.

100-630, title I, Sec. 101(d), Nov. 7, 1988, 102 Stat. 3290; Pub.

L. 101-476, title IX, Sec. 901(b)(24), Oct. 30, 1990, 104 Stat.

1143; Pub. L. 102-119, Sec. 25(b), Oct. 7, 1991, 105 Stat. 607,

related to regulation requirements.

Section 1408, Pub. L. 91-230, title VI, Sec. 609, as added Pub.

L. 99-457, title II, Sec. 202, Oct. 8, 1986, 100 Stat. 1158,

related to eligibility for financial assistance.

Section 1409, Pub. L. 91-230, title VI, Sec. 610, as added Pub.

L. 101-476, title I, Sec. 104, Oct. 30, 1990, 104 Stat. 1106,

provided administrative provisions applicable to former subchapters

III to VII of this chapter and former section 1418 of this title.

-CITE-

20 USC SUBCHAPTER II - ASSISTANCE FOR EDUCATION OF ALL

CHILDREN WITH DISABILITIES 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 33 - EDUCATION OF INDIVIDUALS WITH DISABILITIES

SUBCHAPTER II - ASSISTANCE FOR EDUCATION OF ALL CHILDREN WITH

DISABILITIES

-HEAD-

SUBCHAPTER II - ASSISTANCE FOR EDUCATION OF ALL CHILDREN WITH

DISABILITIES

-SECREF-

SUBCHAPTER REFERRED TO IN OTHER SECTIONS

This subchapter is referred to in sections 927, 1401, 1406, 1435,

1437, 1438, 1444, 1453, 1461, 1473, 1474, 1481, 1482, 4304, 6455,

6674, 7221i of this title; title 10 section 2164; title 29 sections

725; title 42 sections 290ff-1, 290ff-2, 1396b, 12511.

-CITE-

20 USC Sec. 1411 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 33 - EDUCATION OF INDIVIDUALS WITH DISABILITIES

SUBCHAPTER II - ASSISTANCE FOR EDUCATION OF ALL CHILDREN WITH

DISABILITIES

-HEAD-

Sec. 1411. Authorization; allotment; use of funds; authorization of

appropriations

-STATUTE-

(a) Grants to States

(1) Purpose of grants

The Secretary shall make grants to States and the outlying

areas, and provide funds to the Secretary of the Interior, to

assist them to provide special education and related services to

children with disabilities in accordance with this subchapter.

(2) Maximum amounts

The maximum amount of the grant a State may receive under this

section for any fiscal year is -

(A) the number of children with disabilities in the State who

are receiving special education and related services -

(i) aged 3 through 5 if the State is eligible for a grant

under section 1419 of this title; and

(ii) aged 6 through 21; multiplied by

(B) 40 percent of the average per-pupil expenditure in public

elementary and secondary schools in the United States.

(b) Outlying areas and freely associated States

(1) Funds reserved

From the amount appropriated for any fiscal year under

subsection (j) of this section, the Secretary shall reserve not

more than one percent, which shall be used -

(A) to provide assistance to the outlying areas in accordance

with their respective populations of individuals aged 3 through

21; and

(B) for fiscal years 1998 through 2001, to carry out the

competition described in paragraph (2), except that the amount

reserved to carry out that competition shall not exceed the

amount reserved for fiscal year 1996 for the competition under

this subchapter described under the heading ''SPECIAL

EDUCATION'' in Public Law 104-134.

(2) Limitation for freely associated States

(A) Competitive grants

The Secretary shall use funds described in paragraph (1)(B)

to award grants, on a competitive basis, to Guam, American

Samoa, the Commonwealth of the Northern Mariana Islands, and

the freely associated States to carry out the purposes of this

subchapter.

(B) Award basis

The Secretary shall award grants under subparagraph (A) on a

competitive basis, pursuant to the recommendations of the

Pacific Region Educational Laboratory in Honolulu, Hawaii.

Those recommendations shall be made by experts in the field of

special education and related services.

Any freely associated State that wishes to receive funds

under this subchapter shall include, in its application for

assistance -

(i) information demonstrating that it will meet all

conditions that apply to States under this subchapter;

(ii) an assurance that, notwithstanding any other provision

of this subchapter, it will use those funds only for the

direct provision of special education and related services to

children with disabilities and to enhance its capacity to

make a free appropriate public education available to all

children with disabilities;

(iii) the identity of the source and amount of funds, in

addition to funds under this subchapter, that it will make

available to ensure that a free appropriate public education

is available to all children with disabilities within its

jurisdiction; and

(iv) such other information and assurances as the Secretary

may require.

(D) Termination of eligibility

Notwithstanding any other provision of law, the freely

associated States shall not receive any funds under this

subchapter for any program year that begins after September 30,

2001.

(E) Administrative costs

The Secretary may provide not more than five percent of the

amount reserved for grants under this paragraph to pay the

administrative costs of the Pacific Region Educational

Laboratory under subparagraph (B).

(3) Limitation

An outlying area is not eligible for a competitive award under

paragraph (2) unless it receives assistance under paragraph

(1)(A).

(4) Special rule

The provisions of Public Law 95-134, permitting the

consolidation of grants by the outlying areas, shall not apply to

funds provided to those areas or to the freely associated States

under this section.

(5) Eligibility for discretionary programs

The freely associated States shall be eligible to receive

assistance under part B of subchapter IV of this chapter until

September 30, 2001.

(6) ''Freely associated States'' defined

As used in this subsection, the term ''freely associated

States'' means the Republic of the Marshall Islands, the

Federated States of Micronesia, and the Republic of Palau.

From the amount appropriated for any fiscal year under subsection

(j) of this section, the Secretary shall reserve 1.226 percent to

provide assistance to the Secretary of the Interior in accordance

with subsection (i) of this section.

(d) Allocations to States

(1) In general

After reserving funds for studies and evaluations under section

1474(e) of this title, and for payments to the outlying areas and

the Secretary of the Interior under subsections (b) and (c) of

this section, the Secretary shall allocate the remaining amount

among the States in accordance with paragraph (2) or subsection

(e) of this section, as the case may be.

(2) Interim formula

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

Secretary shall allocate the amount described in paragraph (1)

among the States in accordance with section 611(a)(3), (4), and

(5) and (b)(1), (2), and (3) of this Act, as in effect prior to

June 4, 1997, except that the determination of the number of

children with disabilities receiving special education and

related services under such section 611(a)(3) may, at the State's

discretion, be calculated as of the last Friday in October or as

of December 1 of the fiscal year for which the funds are

appropriated.

(e) Permanent formula

(1) Establishment of base year

The Secretary shall allocate the amount described in subsection

(d)(1) of this section among the States in accordance with this

subsection for each fiscal year beginning with the first fiscal

year for which the amount appropriated under subsection (j) of

this section is more than $4,924,672,200.

(2) Use of base year

(A) ''Base year'' defined

As used in this subsection, the term ''base year'' means the

fiscal year preceding the first fiscal year in which this

subsection applies.

(B) Special rule for use of base year amount

If a State received any funds under this section for the base

year on the basis of children aged 3 through 5, but does not

make a free appropriate public education available to all

children with disabilities aged 3 through 5 in the State in any

subsequent fiscal year, the Secretary shall compute the State's

base year amount, solely for the purpose of calculating the

State's allocation in that subsequent year under paragraph (3)

or (4), by subtracting the amount allocated to the State for

the base year on the basis of those children.

(3) Increase in funds

If the amount available for allocations to States under

paragraph (1) is equal to or greater than the amount allocated to

the States under this paragraph for the preceding fiscal year,

those allocations shall be calculated as follows:

(A)(i) Except as provided in subparagraph (B), the Secretary

shall -

(I) allocate to each State the amount it received for the

base year;

(II) allocate 85 percent of any remaining funds to States

on the basis of their relative populations of children aged 3

through 21 who are of the same age as children with

disabilities for whom the State ensures the availability of a

free appropriate public education under this subchapter; and

(III) allocate 15 percent of those remaining funds to

States on the basis of their relative populations of children

described in subclause (II) who are living in poverty.

(ii) For the purpose of making grants under this paragraph,

the Secretary shall use the most recent population data,

including data on children living in poverty, that are

available and satisfactory to the Secretary.

(B) Notwithstanding subparagraph (A), allocations under this

paragraph shall be subject to the following:

(i) No State's allocation shall be less than its allocation

for the preceding fiscal year.

(ii) No State's allocation shall be less than the greatest

of -

(I) the sum of -

(aa) the amount it received for the base year; and

(bb) one third of one percent of the amount by which

the amount appropriated under subsection (j) of this

section exceeds the amount appropriated under this

section for the base year;

(II) the sum of -

(aa) the amount it received for the preceding fiscal

year; and

(bb) that amount multiplied by the percentage by which

the increase in the funds appropriated from the preceding

fiscal year exceeds 1.5 percent; or

(III) the sum of -

(aa) the amount it received for the preceding fiscal

year; and

(bb) that amount multiplied by 90 percent of the

percentage increase in the amount appropriated from the

preceding fiscal year.

(iii) Notwithstanding clause (ii), no State's allocation

under this paragraph shall exceed the sum of -

(I) the amount it received for the preceding fiscal year;

and

(II) that amount multiplied by the sum of 1.5 percent and

the percentage increase in the amount appropriated.

paragraph is insufficient to pay those allocations in full,

those allocations shall be ratably reduced, subject to

subparagraph (B)(i).

(4) Decrease in funds

If the amount available for allocations to States under

paragraph (1) is less than the amount allocated to the States

under this section for the preceding fiscal year, those

allocations shall be calculated as follows:

(A) If the amount available for allocations is greater than

the amount allocated to the States for the base year, each

State shall be allocated the sum of -

(i) the amount it received for the base year; and

(ii) an amount that bears the same relation to any

remaining funds as the increase the State received for the

preceding fiscal year over the base year bears to the total

of all such increases for all States.

(B)(i) If the amount available for allocations is equal to or

less than the amount allocated to the States for the base year,

each State shall be allocated the amount it received for the

base year.

(ii) If the amount available is insufficient to make the

allocations described in clause (i), those allocations shall be

ratably reduced.

(f) State-level activities

(1) General

(A) Each State may retain not more than the amount described in

subparagraph (B) for administration and other State-level

activities in accordance with paragraphs (2) and (3).

(B) For each fiscal year, the Secretary shall determine and

report to the State educational agency an amount that is 25

percent of the amount the State received under this section for

fiscal year 1997, cumulatively adjusted by the Secretary for each

succeeding fiscal year by the lesser of -

(i) the percentage increase, if any, from the preceding

fiscal year in the State's allocation under this section; or

(ii) the rate of inflation, as measured by the percentage

increase, if any, from the preceding fiscal year in the

Consumer Price Index For All Urban Consumers, published by the

Bureau of Labor Statistics of the Department of Labor.

without regard to -

(i) the prohibition on commingling of funds in section

1412(a)(18)(B) of this title; and

(ii) the prohibition on supplanting other funds in section

1412(a)(18)(C) of this title.

(2) State administration

(A) For the purpose of administering this subchapter, including

section 1419 of this title (including the coordination of

activities under this subchapter with, and providing technical

assistance to, other programs that provide services to children

with disabilities) -

(i) each State may use not more than twenty percent of the

maximum amount it may retain under paragraph (1)(A) for any

fiscal year or $500,000 (adjusted by the cumulative rate of

inflation since fiscal year 1998, as measured by the percentage

increase, if any, in the Consumer Price Index For All Urban

Consumers, published by the Bureau of Labor Statistics of the

Department of Labor), whichever is greater; and

(ii) each outlying area may use up to five percent of the

amount it receives under this section for any fiscal year or

$35,000, whichever is greater.

(B) Funds described in subparagraph (A) may also be used for

the administration of subchapter III of this chapter, if the

State educational agency is the lead agency for the State under

that subchapter.

(3) Other State-level activities

Each State shall use any funds it retains under paragraph (1)

and does not use for administration under paragraph (2) for any

of the following:

(A) Support and direct services, including technical

assistance and personnel development and training.

(B) Administrative costs of monitoring and complaint

investigation, but only to the extent that those costs exceed

the costs incurred for those activities during fiscal year

1985.

by section 1415(e) of this title, including providing for the

costs of mediators and support personnel.

(D) To assist local educational agencies in meeting personnel

shortages.

(E) To develop a State Improvement Plan under part A of

subchapter IV of this chapter.

(F) Activities at the State and local levels to meet the

performance goals established by the State under section

1412(a)(16) of this title and to support implementation of the

State Improvement Plan under part A of subchapter IV of this

chapter if the State receives funds under that part.

(G) To supplement other amounts used to develop and implement

a Statewide coordinated services system designed to improve

results for children and families, including children with

disabilities and their families, but not to exceed one percent

of the amount received by the State under this section. This

system shall be coordinated with and, to the extent

appropriate, build on the system of coordinated services

developed by the State under subchapter III of this chapter.

(H) For subgrants to local educational agencies for the

purposes described in paragraph (4)(A).

(4)(A) Subgrants to local educational agencies for

capacity-building and improvement

In any fiscal year in which the percentage increase in the

State's allocation under this section exceeds the rate of

inflation (as measured by the percentage increase, if any, from

the preceding fiscal year in the Consumer Price Index For All

Urban Consumers, published by the Bureau of Labor Statistics of

the Department of Labor), each State shall reserve, from its

allocation under this section, the amount described in

subparagraph (B) to make subgrants to local educational agencies,

unless that amount is less than $100,000, to assist them in

providing direct services and in making systemic change to

improve results for children with disabilities through one or

more of the following:

(i) Direct services, including alternative programming for

children who have been expelled from school, and services for

children in correctional facilities, children enrolled in

State-operated or State-supported schools, and children in

charter schools.

(ii) Addressing needs or carrying out improvement strategies

identified in the State's Improvement Plan under part A of

subchapter IV of this chapter.

(iii) Adopting promising practices, materials, and

technology, based on knowledge derived from education research

and other sources.

(iv) Establishing, expanding, or implementing interagency

agreements and arrangements between local educational agencies

and other agencies or organizations concerning the provision of

services to children with disabilities and their families.

(v) Increasing cooperative problem-solving between parents

and school personnel and promoting the use of alternative

dispute resolution.

(B) Maximum subgrant

For each fiscal year, the amount referred to in subparagraph

(A) is -

(i) the maximum amount the State was allowed to retain under

paragraph (1)(A) for the prior fiscal year, or for fiscal year

1998, 25 percent of the State's allocation for fiscal year 1997

under this section; multiplied by

(ii) the difference between the percentage increase in the

State's allocation under this section and the rate of

inflation, as measured by the percentage increase, if any, from

the preceding fiscal year in the Consumer Price Index For All

Urban Consumers, published by the Bureau of Labor Statistics of

the Department of Labor.

(5) Report on use of funds

As part of the information required to be submitted to the

Secretary under section 1412 of this title, each State shall

annually describe -

(A) how amounts retained under paragraph (1) will be used to

meet the requirements of this subchapter;

(B) how those amounts will be allocated among the activities

described in paragraphs (2) and (3) to meet State priorities

based on input from local educational agencies; and

distributed to local educational agencies by formula.

(g) Subgrants to local educational agencies

(1) Subgrants required

Each State that receives a grant under this section for any

fiscal year shall distribute any funds it does not retain under

subsection (f) of this section (at least 75 percent of the grant

funds) to local educational agencies in the State that have

established their eligibility under section 1413 of this title,

and to State agencies that received funds under section 614A(a)

of this Act for fiscal year 1997, as then in effect, and have

established their eligibility under section 1413 of this title,

for use in accordance with this subchapter.

(2) Allocations to local educational agencies

(A) Interim procedure

For each fiscal year for which funds are allocated to States

under subsection (d)(2) of this section, each State shall

allocate funds under paragraph (1) in accordance with section

611(d) of this Act, as in effect prior to June 4, 1997.

(B) Permanent procedure

For each fiscal year for which funds are allocated to States

under subsection (e) of this section, each State shall allocate

funds under paragraph (1) as follows:

(i) Base payments

The State shall first award each agency described in

paragraph (1) the amount that agency would have received

under this section for the base year, as defined in

subsection (e)(2)(A) of this section, if the State had

distributed 75 percent of its grant for that year under

section 611(d), as then in effect.

(ii) Allocation of remaining funds

After making allocations under clause (i), the State shall

(I) allocate 85 percent of any remaining funds to those

agencies on the basis of the relative numbers of children

enrolled in public and private elementary and secondary

schools within the agency's jurisdiction; and

(II) allocate 15 percent of those remaining funds to

those agencies in accordance with their relative numbers of

children living in poverty, as determined by the State

educational agency.

(3) Former chapter 1 State agencies

(A) To the extent necessary, the State -

(i) shall use funds that are available under subsection

(f)(1)(A) of this section to ensure that each State agency that

received fiscal year 1994 funds under subpart 2 of part D of

chapter 1 of title I of the Elementary and Secondary Education

Act of 1965 receives, from the combination of funds under

subsection (f)(1)(A) of this section and funds provided under

paragraph (1) of this subsection, an amount equal to -

(I) the number of children with disabilities, aged 6

through 21, to whom the agency was providing special

education and related services on December 1 of the fiscal

year for which the funds were appropriated, subject to the

limitation in subparagraph (B); multiplied by

(II) the per-child amount provided under such subpart for

fiscal year 1994; and

(ii) may use those funds to ensure that each local

educational agency that received fiscal year 1994 funds under

that subpart for children who had transferred from a

State-operated or State-supported school or program assisted

under that subpart receives, from the combination of funds

available under subsection (f)(1)(A) of this section and funds

provided under paragraph (1) of this subsection, an amount for

each such child, aged 3 through 21 to whom the agency was

providing special education and related services on December 1

of the fiscal year for which the funds were appropriated, equal

to the per-child amount the agency received under that subpart

for fiscal year 1994.

(B) The number of children counted under subparagraph (A)(i)(I)

shall not exceed the number of children aged 3 through 21 for

whom the agency received fiscal year 1994 funds under subpart 2

of part D of chapter 1 of title I of the Elementary and Secondary

Education Act of 1965.

(4) Reallocation of funds

If a State educational agency determines that a local

educational agency is adequately providing a free appropriate

public education to all children with disabilities residing in

the area served by that agency with State and local funds, the

State educational agency may reallocate any portion of the funds

under this subchapter that are not needed by that local agency to

provide a free appropriate public education to other local

educational agencies in the State that are not adequately

providing special education and related services to all children

with disabilities residing in the areas they serve.

(h) Definitions

For the purpose of this section -

(1) the term ''average per-pupil expenditure in public

elementary and secondary schools in the United States'' means -

(A) without regard to the source of funds -

(i) the aggregate current expenditures, during the second

fiscal year preceding the fiscal year for which the

determination is made (or, if satisfactory data for that year

are not available, during the most recent preceding fiscal

year for which satisfactory data are available) of all local

educational agencies in the 50 States and the District of

Columbia); plus

(ii) any direct expenditures by the State for the operation

of those agencies; divided by

(B) the aggregate number of children in average daily

attendance to whom those agencies provided free public

education during that preceding year; and

(2) the term ''State'' means each of the 50 States, the

District of Columbia, and the Commonwealth of Puerto Rico.

(i) Use of amounts by Secretary of the Interior

(1) Provision of amounts for assistance

(A) In general

The Secretary of Education shall provide amounts to the

Secretary of the Interior to meet the need for assistance for

the education of children with disabilities on reservations

aged 5 to 21, inclusive, enrolled in elementary and secondary

schools for Indian children operated or funded by the Secretary

of the Interior. The amount of such payment for any fiscal year

shall be equal to 80 percent of the amount allotted under

subsection (c) of this section for that fiscal year.

(B) Calculation of number of children

In the case of Indian students aged 3 to 5, inclusive, who

are enrolled in programs affiliated with the Bureau of Indian

Affairs (hereafter in this subsection referred to as ''BIA'')

schools and that are required by the States in which such

schools are located to attain or maintain State accreditation,

and which schools have such accreditation prior to October 7,

1991, the school shall be allowed to count those children for

the purpose of distribution of the funds provided under this

paragraph to the Secretary of the Interior. The Secretary of

the Interior shall be responsible for meeting all of the

requirements of this subchapter for these children, in

accordance with paragraph (2).

With respect to all other children aged 3 to 21, inclusive,

on reservations, the State educational agency shall be

responsible for ensuring that all of the requirements of this

subchapter are implemented.

(2) Submission of information

The Secretary of Education may provide the Secretary of the

Interior amounts under paragraph (1) for a fiscal year only if

the Secretary of the Interior submits to the Secretary of

Education information that -

(A) demonstrates that the Department of the Interior meets

the appropriate requirements, as determined by the Secretary of

Education, of sections 1412 (including monitoring and

evaluation activities) and 1413 of this title;

(B) includes a description of how the Secretary of the

Interior will coordinate the provision of services under this

subchapter with local educational agencies, tribes and tribal

organizations, and other private and Federal service providers;

adequate notice of such hearings, and an opportunity for

comment afforded to members of tribes, tribal governing bodies,

and affected local school boards before the adoption of the

policies, programs, and procedures described in subparagraph

(A);

(D) includes an assurance that the Secretary of the Interior

will provide such information as the Secretary of Education may

require to comply with section 1418 of this title;

(E) includes an assurance that the Secretary of the Interior

and the Secretary of Health and Human Services have entered

into a memorandum of agreement, to be provided to the Secretary

of Education, for the coordination of services, resources, and

personnel between their respective Federal, State, and local

offices and with State and local educational agencies and other

entities to facilitate the provision of services to Indian

children with disabilities residing on or near reservations

(such agreement shall provide for the apportionment of

responsibilities and costs including, but not limited to, child

find, evaluation, diagnosis, remediation or therapeutic

measures, and (where appropriate) equipment and medical or

personal supplies as needed for a child to remain in school or

a program); and

(F) includes an assurance that the Department of the Interior

will cooperate with the Department of Education in its exercise

of monitoring and oversight of this application, and any

agreements entered into between the Secretary of the Interior

and other entities under this subchapter, and will fulfill its

duties under this subchapter.

Section 1416(a) of this title shall apply to the information

described in this paragraph.

(3) Payments for education and services for Indian children with

disabilities aged 3 through 5

(A) In general

With funds appropriated under subsection (j) of this section,

the Secretary of Education shall make payments to the Secretary

of the Interior to be distributed to tribes or tribal

organizations (as defined under section 450b of title 25) or

consortia of the above to provide for the coordination of

assistance for special education and related services for

children with disabilities aged 3 through 5 on reservations

served by elementary and secondary schools for Indian children

operated or funded by the Department of the Interior. The

amount of such payments under subparagraph (B) for any fiscal

year shall be equal to 20 percent of the amount allotted under

subsection (c) of this section.

(B) Distribution of funds

The Secretary of the Interior shall distribute the total

amount of the payment under subparagraph (A) by allocating to

each tribe or tribal organization an amount based on the number

of children with disabilities ages 3 through 5 residing on

reservations as reported annually, divided by the total of

those children served by all tribes or tribal organizations.

To receive a payment under this paragraph, the tribe or

tribal organization shall submit such figures to the Secretary

of the Interior as required to determine the amounts to be

allocated under subparagraph (B). This information shall be

compiled and submitted to the Secretary of Education.

(D) Use of funds

The funds received by a tribe or tribal organization shall be

used to assist in child find, screening, and other procedures

for the early identification of children aged 3 through 5,

parent training, and the provision of direct services. These

activities may be carried out directly or through contracts or

cooperative agreements with the BIA, local educational

agencies, and other public or private nonprofit organizations.

The tribe or tribal organization is encouraged to involve

Indian parents in the development and implementation of these

activities. The above entities shall, as appropriate, make

referrals to local, State, or Federal entities for the

provision of services or further diagnosis.

(E) Biennial report

To be eligible to receive a grant pursuant to subparagraph

(A), the tribe or tribal organization shall provide to the

Secretary of the Interior a biennial report of activities

undertaken under this paragraph, including the number of

contracts and cooperative agreements entered into, the number

of children contacted and receiving services for each year, and

the estimated number of children needing services during the 2

years following the one in which the report is made. The

Secretary of the Interior shall include a summary of this

information on a biennial basis in the report to the Secretary

of Education required under this subsection. The Secretary of

Education may require any additional information from the

Secretary of the Interior.

(F) Prohibitions

None of the funds allocated under this paragraph may be used

by the Secretary of the Interior for administrative purposes,

including child count and the provision of technical

assistance.

(4) Plan for coordination of services

The Secretary of the Interior shall develop and implement a

plan for the coordination of services for all Indian children

with disabilities residing on reservations covered under this

chapter. Such plan shall provide for the coordination of

services benefiting these children from whatever source,

including tribes, the Indian Health Service, other BIA divisions,

and other Federal agencies. In developing the plan, the

Secretary of the Interior shall consult with all interested and

involved parties. It shall be based on the needs of the children

and the system best suited for meeting those needs, and may

involve the establishment of cooperative agreements between the

BIA, other Federal agencies, and other entities. The plan shall

also be distributed upon request to States, State and local

educational agencies, and other agencies providing services to

infants, toddlers, and children with disabilities, to tribes, and

to other interested parties.

(5) Establishment of advisory board

To meet the requirements of section 1412(a)(21) of this title,

the Secretary of the Interior shall establish, not later than 6

months after June 4, 1997, under the BIA, an advisory board

composed of individuals involved in or concerned with the

education and provision of services to Indian infants, toddlers,

children, and youth with disabilities, including Indians with

disabilities, Indian parents or guardians of such children,

teachers, service providers, State and local educational

officials, representatives of tribes or tribal organizations,

representatives from State Interagency Coordinating Councils

under section 1441 of this title in States having reservations,

and other members representing the various divisions and entities

of the BIA. The chairperson shall be selected by the Secretary of

the Interior. The advisory board shall -

(A) assist in the coordination of services within the BIA and

with other local, State, and Federal agencies in the provision

of education for infants, toddlers, and children with

disabilities;

(B) advise and assist the Secretary of the Interior in the

performance of the Secretary's responsibilities described in

this subsection;

inter- and intra-agency collaboration, including modifications

to regulations, and the elimination of barriers to inter- and

intra-agency programs and activities;

(D) provide assistance and disseminate information on best

practices, effective program coordination strategies, and

recommendations for improved educational programming for Indian

infants, toddlers, and children with disabilities; and

(E) provide assistance in the preparation of information

required under paragraph (2)(D).

(6) Annual reports

(A) In general

The advisory board established under paragraph (5) shall

prepare and submit to the Secretary of the Interior and to the

Congress an annual report containing a description of the

activities of the advisory board for the preceding year.

(B) Availability

The Secretary of the Interior shall make available to the

Secretary of Education the report described in subparagraph

(A).

(j) Authorization of appropriations

For the purpose of carrying out this subchapter, other than

section 1419 of this title, there are authorized to be appropriated

such sums as may be necessary.

-SOURCE-

(Pub. L. 91-230, title VI, Sec. 611, as added Pub. L. 105-17, title

I, Sec. 101, June 4, 1997, 111 Stat. 49.)

-REFTEXT-

REFERENCES IN TEXT

Provisions under the heading ''SPECIAL EDUCATION'' in Public Law

104-134, referred to in subsec. (b)(1)(B), are provisions of Pub.

L. 104-134, title I, Sec. 101(d) (title III), Apr. 26, 1996, 110

Stat. 1321-211, 1321-231, which are not classified to the Code.

Public Law 95-134, referred to in subsec. (b)(4), is Pub. L.

95-134, Oct. 15, 1977, 91 Stat. 1159, as amended. Provisions

relating to consolidation of grants are contained in section 501 of

Pub. L. 95-134 which is classified to section 1469a of Title 48,

Territories and Insular Possessions.

Section 611 of this Act, as in effect prior to June 4, 1997,

referred to in subsecs. (d)(2) and (g)(2)(A), (B)(i), means section

611 of Pub. L. 91-230, title VI, Apr. 13, 1970, 84 Stat. 178, as

amended, which was classified to section 1411 of this title prior

to the general amendment of subchapters I to IV of this chapter by

Pub. L. 105-17, title I, Sec. 101, June 4, 1997, 111 Stat. 37.

Section 614A of this Act for fiscal year 1997, as then in effect,

referred to in subsec. (g)(1), means section 614A of Pub. L.

91-230, title VI, as added by Pub. L. 103-382, title III, Sec. 312,

Oct. 20, 1994, 108 Stat. 3934, which was classified to section

1414a of this title prior to the general amendment of subchapters I

to IV of this chapter by Pub. L. 105-17, title I, Sec. 101, June 4,

1997, 111 Stat. 37.

Subpart 2 of part D of chapter 1 of title I of the Elementary and

Secondary Education Act of 1965, referred to in subsec. (g)(3), is

subpart 2 of part D of chapter 1 of title I of Pub. L. 89-10, as

added by Pub. L. 100-297, title I, Sec. 1001, Apr. 28, 1988, 102

Stat. 179, as amended, which was classified generally to subpart 2

(Sec. 2791 et seq.) of part D of div. I of subchapter I of chapter

47 of this title prior to being omitted in the general amendment of

Pub. L. 89-10 by Pub. L. 103-382, title I, Sec. 101, Oct. 20, 1994,

108 Stat. 3519.

-MISC2-

PRIOR PROVISIONS

A prior section 1411, Pub. L. 91-230, title VI, Sec. 611, Apr.

13, 1970, 84 Stat. 178; Pub. L. 93-380, title VI, Sec. 614(a),

(e)(1), (2), Aug. 21, 1974, 88 Stat. 580, 582; Pub. L. 94-142, Sec.

2(a)(1)-(3), 5(a), (c), Nov. 29, 1975, 89 Stat. 773, 776, 794; Pub.

L. 95-561, title XIII, Sec. 1341(a), Nov. 1, 1978, 92 Stat. 2364;

Pub. L. 96-270, Sec. 13, June 14, 1980, 94 Stat. 498; Pub. L.

98-199, Sec. 3(b), 15, Dec. 2, 1983, 97 Stat. 1358, 1374; Pub. L.

99-159, title VI, Sec. 601, Nov. 22, 1985, 99 Stat. 904; Pub. L.

99-362, Sec. 2, July 9, 1986, 100 Stat. 769; Pub. L. 99-457, title

II, Sec. 201(b), title IV, Sec. 403, 404, Oct. 8, 1986, 100 Stat.

1158, 1173; Pub. L. 100-630, title I, Sec. 102(a), Nov. 7, 1988,

102 Stat. 3290; Pub. L. 101-476, title II, Sec. 201, title IX, Sec.

901(b)(25)-(32), Oct. 30, 1990, 104 Stat. 1111, 1143; Pub. L.

102-73, title VIII, Sec. 802(d)(2), (3), July 25, 1991, 105 Stat.

361; Pub. L. 102-119, Sec. 4, 25(a)(4), (19), (b), Oct. 7, 1991,

105 Stat. 587, 606, 607; Pub. L. 103-382, title III, Sec. 311, Oct.

20, 1994, 108 Stat. 3931, related to entitlements and allocations,

prior to the general amendment of subchapters I to IV of this

chapter by Pub. L. 105-17.

EFFECTIVE DATE

Section effective beginning with funds appropriated for fiscal

year 1998, see section 201(a)(2)(D) of Pub. L. 105-17, set out as a

note under section 1400 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1412, 1413, 1416, 1419,

1443, 1453, 1474 of this title.

-CITE-

20 USC Sec. 1412 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 33 - EDUCATION OF INDIVIDUALS WITH DISABILITIES

SUBCHAPTER II - ASSISTANCE FOR EDUCATION OF ALL CHILDREN WITH

DISABILITIES

-HEAD-

Sec. 1412. State eligibility

-STATUTE-

(a) In general

A State is eligible for assistance under this subchapter for a

fiscal year if the State demonstrates to the satisfaction of the

Secretary that the State has in effect policies and procedures to

ensure that it meets each of the following conditions:

(1) Free appropriate public education

(A) In general

A free appropriate public education is available to all

children with disabilities residing in the State between the

ages of 3 and 21, inclusive, including children with

disabilities who have been suspended or expelled from school.

(B) Limitation

The obligation to make a free appropriate public education

available to all children with disabilities does not apply with

respect to children:

(i) aged 3 through 5 and 18 through 21 in a State to the

extent that its application to those children would be

inconsistent with State law or practice, or the order of any

court, respecting the provision of public education to

children in those age ranges; and

(ii) aged 18 through 21 to the extent that State law does

not require that special education and related services under

this subchapter be provided to children with disabilities

who, in the educational placement prior to their

incarceration in an adult correctional facility:

(I) were not actually identified as being a child with a

disability under section 1401(3) of this title; or

(II) did not have an individualized education program

under this subchapter.

(2) Full educational opportunity goal

The State has established a goal of providing full educational

opportunity to all children with disabilities and a detailed

timetable for accomplishing that goal.

(3) Child find

(A) In general

All children with disabilities residing in the State,

including children with disabilities attending private schools,

regardless of the severity of their disabilities, and who are

in need of special education and related services, are

identified, located, and evaluated and a practical method is

developed and implemented to determine which children with

disabilities are currently receiving needed special education

and related services.

(B) Construction

Nothing in this chapter requires that children be classified

by their disability so long as each child who has a disability

listed in section 1401 of this title and who, by reason of that

disability, needs special education and related services is

regarded as a child with a disability under this subchapter.

(4) Individualized education program

An individualized education program, or an individualized

family service plan that meets the requirements of section

1436(d) of this title, is developed, reviewed, and revised for

each child with a disability in accordance with section 1414(d)

of this title.

(5) Least restrictive environment

(A) In general

To the maximum extent appropriate, children with

disabilities, including children in public or private

institutions or other care facilities, are educated with

children who are not disabled, and special classes, separate

schooling, or other removal of children with disabilities from

the regular educational environment occurs only when the nature

or severity of the disability of a child is such that education

in regular classes with the use of supplementary aids and

services cannot be achieved satisfactorily.

(B) Additional requirement

(i) In general

If the State uses a funding mechanism by which the State

distributes State funds on the basis of the type of setting

in which a child is served, the funding mechanism does not

result in placements that violate the requirements of

subparagraph (A).

(ii) Assurance

If the State does not have policies and procedures to

ensure compliance with clause (i), the State shall provide

the Secretary an assurance that it will revise the funding

mechanism as soon as feasible to ensure that such mechanism

does not result in such placements.

(6) Procedural safeguards

(A) In general

Children with disabilities and their parents are afforded the

procedural safeguards required by section 1415 of this title.

(B) Additional procedural safeguards

Procedures to ensure that testing and evaluation materials

and procedures utilized for the purposes of evaluation and

placement of children with disabilities will be selected and

administered so as not to be racially or culturally

discriminatory. Such materials or procedures shall be provided

and administered in the child's native language or mode of

communication, unless it clearly is not feasible to do so, and

no single procedure shall be the sole criterion for determining

an appropriate educational program for a child.

(7) Evaluation

Children with disabilities are evaluated in accordance with

subsections (a) through (c) of section 1414 of this title.

(8) Confidentiality

Agencies in the State comply with section 1417(c) of this title

(relating to the confidentiality of records and information).

(9) Transition from subchapter III to preschool programs

Children participating in early-intervention programs assisted

under subchapter III of this chapter, and who will participate in

preschool programs assisted under this subchapter, experience a

smooth and effective transition to those preschool programs in a

manner consistent with section 1437(a)(8) of this title. By the

third birthday of such a child, an individualized education

program or, if consistent with sections 1414(d)(2)(B) and 1436(d)

of this title, an individualized family service plan, has been

developed and is being implemented for the child. The local

educational agency will participate in transition planning

conferences arranged by the designated lead agency under section

1437(a)(8) of this title.

(10) Children in private schools

(A) Children enrolled in private schools by their parents

(i) In general

To the extent consistent with the number and location of

children with disabilities in the State who are enrolled by

their parents in private elementary and secondary schools,

provision is made for the participation of those children in

the program assisted or carried out under this subchapter by

providing for such children special education and related

services in accordance with the following requirements,

unless the Secretary has arranged for services to those

children under subsection (f) of this section:

(I) Amounts expended for the provision of those services

by a local educational agency shall be equal to a

proportionate amount of Federal funds made available under

this subchapter.

(II) Such services may be provided to children with

disabilities on the premises of private, including

parochial, schools, to the extent consistent with law.

(ii) Child-find requirement

The requirements of paragraph (3) of this subsection

(relating to child find) shall apply with respect to children

with disabilities in the State who are enrolled in private,

including parochial, elementary and secondary schools.

(B) Children placed in, or referred to, private schools by

public agencies

(i) In general

Children with disabilities in private schools and

facilities are provided special education and related

services, in accordance with an individualized education

program, at no cost to their parents, if such children are

placed in, or referred to, such schools or facilities by the

State or appropriate local educational agency as the means of

carrying out the requirements of this subchapter or any other

applicable law requiring the provision of special education

and related services to all children with disabilities within

such State.

(ii) Standards

In all cases described in clause (i), the State educational

agency shall determine whether such schools and facilities

meet standards that apply to State and local educational

agencies and that children so served have all the rights they

would have if served by such agencies.

schools without consent of or referral by the public agency

(i) In general

Subject to subparagraph (A), this subchapter does not

require a local educational agency to pay for the cost of

education, including special education and related services,

of a child with a disability at a private school or facility

if that agency made a free appropriate public education

available to the child and the parents elected to place the

child in such private school or facility.

(ii) Reimbursement for private school placement

If the parents of a child with a disability, who previously

received special education and related services under the

authority of a public agency, enroll the child in a private

elementary or secondary school without the consent of or

referral by the public agency, a court or a hearing officer

may require the agency to reimburse the parents for the cost

of that enrollment if the court or hearing officer finds that

the agency had not made a free appropriate public education

available to the child in a timely manner prior to that

enrollment.

(iii) Limitation on reimbursement

The cost of reimbursement described in clause (ii) may be

reduced or denied -

(I) if -

(aa) at the most recent IEP meeting that the parents

attended prior to removal of the child from the public

school, the parents did not inform the IEP Team that they

were rejecting the placement proposed by the public

agency to provide a free appropriate public education to

their child, including stating their concerns and their

intent to enroll their child in a private school at

public expense; or

(bb) 10 business days (including any holidays that

occur on a business day) prior to the removal of the

child from the public school, the parents did not give

written notice to the public agency of the information

described in division (aa);

(II) if, prior to the parents' removal of the child from

the public school, the public agency informed the parents,

through the notice requirements described in section

1415(b)(7) of this title, of its intent to evaluate the

child (including a statement of the purpose of the

evaluation that was appropriate and reasonable), but the

parents did not make the child available for such

evaluation; or

(III) upon a judicial finding of unreasonableness with

respect to actions taken by the parents.

(iv) Exception

Notwithstanding the notice requirement in clause (iii)(I),

the cost of reimbursement may not be reduced or denied for

failure to provide such notice if -

(I) the parent is illiterate and cannot write in English;

(II) compliance with clause (iii)(I) would likely result

in physical or serious emotional harm to the child;

(III) the school prevented the parent from providing such

notice; or

(IV) the parents had not received notice, pursuant to

section 1415 of this title, of the notice requirement in

clause (iii)(I).

(11) State educational agency responsible for general supervision

(A) In general

The State educational agency is responsible for ensuring that

(i) the requirements of this subchapter are met; and

(ii) all educational programs for children with

disabilities in the State, including all such programs

administered by any other State or local agency -

(I) are under the general supervision of individuals in

the State who are responsible for educational programs for

children with disabilities; and

(II) meet the educational standards of the State

educational agency.

(B) Limitation

Subparagraph (A) shall not limit the responsibility of

agencies in the State other than the State educational agency

to provide, or pay for some or all of the costs of, a free

appropriate public education for any child with a disability in

the State.

Notwithstanding subparagraphs (A) and (B), the Governor (or

another individual pursuant to State law), consistent with

State law, may assign to any public agency in the State the

responsibility of ensuring that the requirements of this

subchapter are met with respect to children with disabilities

who are convicted as adults under State law and incarcerated in

adult prisons.

(12) Obligations related to and methods of ensuring services

(A) Establishing responsibility for services

The Chief Executive Officer or designee of the officer shall

ensure that an interagency agreement or other mechanism for

interagency coordination is in effect between each public

agency described in subparagraph (B) and the State educational

agency, in order to ensure that all services described in

subparagraph (B)(i) that are needed to ensure a free

appropriate public education are provided, including the

provision of such services during the pendency of any dispute

under clause (iii). Such agreement or mechanism shall include

the following:

(i) Agency financial responsibility

An identification of, or a method for defining, the

financial responsibility of each agency for providing

services described in subparagraph (B)(i) to ensure a free

appropriate public education to children with disabilities,

provided that the financial responsibility of each public

agency described in subparagraph (B), including the State

Medicaid agency and other public insurers of children with

disabilities, shall precede the financial responsibility of

the local educational agency (or the State agency responsible

for developing the child's IEP).

(ii) Conditions and terms of reimbursement

The conditions, terms, and procedures under which a local

educational agency shall be reimbursed by other agencies.

(iii) Interagency disputes

Procedures for resolving interagency disputes (including

procedures under which local educational agencies may

initiate proceedings) under the agreement or other mechanism

to secure reimbursement from other agencies or otherwise

implement the provisions of the agreement or mechanism.

(iv) Coordination of services procedures

Policies and procedures for agencies to determine and

identify the interagency coordination responsibilities of

each agency to promote the coordination and timely and

appropriate delivery of services described in subparagraph

(B)(i).

(B) Obligation of public agency

(i) In general

If any public agency other than an educational agency is

otherwise obligated under Federal or State law, or assigned

responsibility under State policy or pursuant to subparagraph

(A), to provide or pay for any services that are also

considered special education or related services (such as,

but not limited to, services described in sections 1401(1)

relating to assistive technology devices, 1401(2) relating to

assistive technology services, 1401(22) relating to related

services, 1401(29) relating to supplementary aids and

services, and 1401(30) of this title relating to transition

services) that are necessary for ensuring a free appropriate

public education to children with disabilities within the

State, such public agency shall fulfill that obligation or

responsibility, either directly or through contract or other

arrangement.

(ii) Reimbursement for services by public agency

If a public agency other than an educational agency fails

to provide or pay for the special education and related

services described in clause (i), the local educational

agency (or State agency responsible for developing the

child's IEP) shall provide or pay for such services to the

child. Such local educational agency or State agency may

then claim reimbursement for the services from the public

agency that failed to provide or pay for such services and

such public agency shall reimburse the local educational

agency or State agency pursuant to the terms of the

interagency agreement or other mechanism described in

subparagraph (A)(i) according to the procedures established

in such agreement pursuant to subparagraph (A)(ii).

The requirements of subparagraph (A) may be met through -

(i) state (FOOTNOTE 1) statute or regulation;

(FOOTNOTE 1) So in original. Probably should be capitalized.

(ii) signed agreements between respective agency officials

that clearly identify the responsibilities of each agency

relating to the provision of services; or

(iii) other appropriate written methods as determined by

the Chief Executive Officer of the State or designee of the

officer.

(13) Procedural requirements relating to local educational agency

eligibility

The State educational agency will not make a final

determination that a local educational agency is not eligible for

assistance under this subchapter without first affording that

agency reasonable notice and an opportunity for a hearing.

(14) Comprehensive system of personnel development

The State has in effect, consistent with the purposes of this

chapter and with section 1435(a)(8) of this title, a

comprehensive system of personnel development that is designed to

ensure an adequate supply of qualified special education, regular

education, and related services personnel that meets the

requirements for a State improvement plan relating to personnel

development in subsections (b)(2)(B) and (c)(3)(D) of section

1453 of this title.

(15) Personnel standards

(A) In general

The State educational agency has established and maintains

standards to ensure that personnel necessary to carry out this

subchapter are appropriately and adequately prepared and

trained.

(B) Standards described

Such standards shall -

(i) be consistent with any State-approved or

State-recognized certification, licensing, registration, or

other comparable requirements that apply to the professional

discipline in which those personnel are providing special

education or related services;

(ii) to the extent the standards described in subparagraph

(A) are not based on the highest requirements in the State

applicable to a specific profession or discipline, the State

is taking steps to require retraining or hiring of personnel

that meet appropriate professional requirements in the State;

and

(iii) allow paraprofessionals and assistants who are

appropriately trained and supervised, in accordance with

State law, regulations, or written policy, in meeting the

requirements of this subchapter to be used to assist in the

provision of special education and related services to

children with disabilities under this subchapter.

In implementing this paragraph, a State may adopt a policy

that includes a requirement that local educational agencies in

the State make an ongoing good-faith effort to recruit and hire

appropriately and adequately trained personnel to provide

special education and related services to children with

disabilities, including, in a geographic area of the State

where there is a shortage of such personnel, the most qualified

individuals available who are making satisfactory progress

toward completing applicable course work necessary to meet the

standards described in subparagraph (B)(i), consistent with

State law, and the steps described in subparagraph (B)(ii)

within three years.

(16) Performance goals and indicators

The State -

(A) has established goals for the performance of children

with disabilities in the State that -

(i) will promote the purposes of this chapter, as stated in

section 1400(d) of this title; and

(ii) are consistent, to the maximum extent appropriate,

with other goals and standards for children established by

the State;

(B) has established performance indicators the State will use

to assess progress toward achieving those goals that, at a

minimum, address the performance of children with disabilities

on assessments, drop-out rates, and graduation rates;

public on the progress of the State, and of children with

disabilities in the State, toward meeting the goals established

under subparagraph (A); and

(D) based on its assessment of that progress, will revise its

State improvement plan under part A of subchapter IV of this

chapter as may be needed to improve its performance, if the

State receives assistance under that part.

(17) Participation in assessments

(A) In general

Children with disabilities are included in general State and

district-wide assessment programs, with appropriate

accommodations, where necessary. As appropriate, the State or

local educational agency -

(i) develops guidelines for the participation of children

with disabilities in alternate assessments for those children

who cannot participate in State and district-wide assessment

programs; and

(ii) develops and, beginning not later than July 1, 2000,

conducts those alternate assessments.

(B) Reports

The State educational agency makes available to the public,

and reports to the public with the same frequency and in the

same detail as it reports on the assessment of nondisabled

children, the following:

(i) The number of children with disabilities participating

in regular assessments.

(ii) The number of those children participating in

alternate assessments.

(iii)(I) The performance of those children on regular

assessments (beginning not later than July 1, 1998) and on

alternate assessments (not later than July 1, 2000), if doing

so would be statistically sound and would not result in the

disclosure of performance results identifiable to individual

children.

(II) Data relating to the performance of children described

under subclause (I) shall be disaggregated -

(aa) for assessments conducted after July 1, 1998; and

(bb) for assessments conducted before July 1, 1998, if

the State is required to disaggregate such data prior to

July 1, 1998.

(18) Supplementation of State, local, and other Federal funds

(A) Expenditures

Funds paid to a State under this subchapter will be expended

in accordance with all the provisions of this subchapter.

(B) Prohibition against commingling

Funds paid to a State under this subchapter will not be

commingled with State funds.

by Secretary

Except as provided in section 1413 of this title, funds paid

to a State under this subchapter will be used to supplement the

level of Federal, State, and local funds (including funds that

are not under the direct control of State or local educational

agencies) expended for special education and related services

provided to children with disabilities under this subchapter

and in no case to supplant such Federal, State, and local

funds, except that, where the State provides clear and

convincing evidence that all children with disabilities have

available to them a free appropriate public education, the

Secretary may waive, in whole or in part, the requirements of

this subparagraph if the Secretary concurs with the evidence

provided by the State.

(19) Maintenance of State financial support

(A) In general

The State does not reduce the amount of State financial

support for special education and related services for children

with disabilities, or otherwise made available because of the

excess costs of educating those children, below the amount of

that support for the preceding fiscal year.

(B) Reduction of funds for failure to maintain support

The Secretary shall reduce the allocation of funds under

section 1411 of this title for any fiscal year following the

fiscal year in which the State fails to comply with the

requirement of subparagraph (A) by the same amount by which the

State fails to meet the requirement.

The Secretary may waive the requirement of subparagraph (A)

for a State, for one fiscal year at a time, if the Secretary

determines that -

(i) granting a waiver would be equitable due to exceptional

or uncontrollable circumstances such as a natural disaster or

a precipitous and unforeseen decline in the financial

resources of the State; or

(ii) the State meets the standard in paragraph (18)(C) of

this section for a waiver of the requirement to supplement,

and not to supplant, funds received under this subchapter.

(D) Subsequent years

If, for any year, a State fails to meet the requirement of

subparagraph (A), including any year for which the State is

granted a waiver under subparagraph (C), the financial support

required of the State in future years under subparagraph (A)

shall be the amount that would have been required in the

absence of that failure and not the reduced level of the

State's support.

(E) Regulations

(i) The Secretary shall, by regulation, establish procedures

(including objective criteria and consideration of the results

of compliance reviews of the State conducted by the Secretary)

for determining whether to grant a waiver under subparagraph

(C)(ii).

(ii) The Secretary shall publish proposed regulations under

clause (i) not later than 6 months after June 4, 1997, and

shall issue final regulations under clause (i) not later than 1

year after June 4, 1997.

(20) Public participation

Prior to the adoption of any policies and procedures needed to

comply with this section (including any amendments to such

policies and procedures), the State ensures that there are public

hearings, adequate notice of the hearings, and an opportunity for

comment available to the general public, including individuals

with disabilities and parents of children with disabilities.

(21) State advisory panel

(A) In general

The State has established and maintains an advisory panel for

the purpose of providing policy guidance with respect to

special education and related services for children with

disabilities in the State.

(B) Membership

Such advisory panel shall consist of members appointed by the

Governor, or any other official authorized under State law to

make such appointments, that is representative of the State

population and that is composed of individuals involved in, or

concerned with, the education of children with disabilities,

including -

(i) parents of children with disabilities;

(ii) individuals with disabilities;

(iii) teachers;

(iv) representatives of institutions of higher education

that prepare special education and related services

personnel;

(v) State and local education officials;

(vi) administrators of programs for children with

disabilities;

(vii) representatives of other State agencies involved in

the financing or delivery of related services to children

with disabilities;

(viii) representatives of private schools and public

charter schools;

(ix) at least one representative of a vocational,

community, or business organization concerned with the

provision of transition services to children with

disabilities; and

(x) representatives from the State juvenile and adult

corrections agencies.

A majority of the members of the panel shall be individuals

with disabilities or parents of children with disabilities.

(D) Duties

The advisory panel shall -

(i) advise the State educational agency of unmet needs

within the State in the education of children with

disabilities;

(ii) comment publicly on any rules or regulations proposed

by the State regarding the education of children with

disabilities;

(iii) advise the State educational agency in developing

evaluations and reporting on data to the Secretary under

section 1418 of this title;

(iv) advise the State educational agency in developing

corrective action plans to address findings identified in

Federal monitoring reports under this subchapter; and

(v) advise the State educational agency in developing and

implementing policies relating to the coordination of

services for children with disabilities.

(22) Suspension and expulsion rates

(A) In general

The State educational agency examines data to determine if

significant discrepancies are occurring in the rate of

long-term suspensions and expulsions of children with

disabilities -

(i) among local educational agencies in the State; or

(ii) compared to such rates for nondisabled children within

such agencies.

(B) Review and revision of policies

If such discrepancies are occurring, the State educational

agency reviews and, if appropriate, revises (or requires the

affected State or local educational agency to revise) its

policies, procedures, and practices relating to the development

and implementation of IEPs, the use of behavioral

interventions, and procedural safeguards, to ensure that such

policies, procedures, and practices comply with this chapter.

(b) State educational agency as provider of free appropriate public

education or direct services

If the State educational agency provides free appropriate public

education to children with disabilities, or provides direct

services to such children, such agency -

(1) shall comply with any additional requirements of section

1413(a) of this title, as if such agency were a local educational

agency; and

(2) may use amounts that are otherwise available to such agency

under this subchapter to serve those children without regard to

section 1413(a)(2)(A)(i) of this title (relating to excess

costs).

(1) In general

If a State has on file with the Secretary policies and

procedures that demonstrate that such State meets any requirement

of subsection (a) of this section, including any policies and

procedures filed under this subchapter as in effect before the

effective date of the Individuals with Disabilities Education Act

Amendments of 1997, the Secretary shall consider such State to

have met such requirement for purposes of receiving a grant under

this subchapter.

(2) Modifications made by State

Subject to paragraph (3), an application submitted by a State

in accordance with this section shall remain in effect until the

State submits to the Secretary such modifications as the State

deems necessary. This section shall apply to a modification to

an application to the same extent and in the same manner as this

section applies to the original plan.

(3) Modifications required by Secretary

If, after the effective date of the Individuals with

Disabilities Education Act Amendments of 1997, the provisions of

this chapter are amended (or the regulations developed to carry

out this chapter are amended), or there is a new interpretation

of this chapter by a Federal court or a State's highest court, or

there is an official finding of noncompliance with Federal law or

regulations, the Secretary may require a State to modify its

application only to the extent necessary to ensure the State's

compliance with this subchapter.

(d) Approval by Secretary

(1) In general

If the Secretary determines that a State is eligible to receive

a grant under this subchapter, the Secretary shall notify the

State of that determination.

(2) Notice and hearing

The Secretary shall not make a final determination that a State

is not eligible to receive a grant under this subchapter until

after providing the State -

(A) with reasonable notice; and

(B) with an opportunity for a hearing.

(e) Assistance under other Federal programs

Nothing in this chapter permits a State to reduce medical and

other assistance available, or to alter eligibility, under titles V

and XIX of the Social Security Act (42 U.S.C. 701 et seq., 1396 et

seq.) with respect to the provision of a free appropriate public

education for children with disabilities in the State.

(f) By-pass for children in private schools

(1) In general

If, on December 2, 1983, a State educational agency is

prohibited by law from providing for the participation in special

programs of children with disabilities enrolled in private

elementary and secondary schools as required by subsection

(a)(10)(A) of this section, the Secretary shall, notwithstanding

such provision of law, arrange for the provision of services to

such children through arrangements which shall be subject to the

requirements of such subsection.

(2) Payments

(A) Determination of amounts

If the Secretary arranges for services pursuant to this

subsection, the Secretary, after consultation with the

appropriate public and private school officials, shall pay to

the provider of such services for a fiscal year an amount per

child that does not exceed the amount determined by dividing -

(i) the total amount received by the State under this

subchapter for such fiscal year; by

(ii) the number of children with disabilities served in the

prior year, as reported to the Secretary by the State under

section 1418 of this title.

(B) Withholding of certain amounts

Pending final resolution of any investigation or complaint

that could result in a determination under this subsection, the

Secretary may withhold from the allocation of the affected

State educational agency the amount the Secretary estimates

would be necessary to pay the cost of services described in

subparagraph (A).

The period under which payments are made under subparagraph

(A) shall continue until the Secretary determines that there

will no longer be any failure or inability on the part of the

State educational agency to meet the requirements of subsection

(a)(10)(A) of this section.

(3) Notice and hearing

(A) In general

The Secretary shall not take any final action under this

subsection until the State educational agency affected by such

action has had an opportunity, for at least 45 days after

receiving written notice thereof, to submit written objections

and to appear before the Secretary or the Secretary's designee

to show cause why such action should not be taken.

(B) Review of action

If a State educational agency is dissatisfied with the

Secretary's final action after a proceeding under subparagraph

(A), such agency may, not later than 60 days after notice of

such action, file with the United States court of appeals for

the circuit in which such State is located a petition for

review of that action. A copy of the petition shall be

forthwith transmitted by the clerk of the court to the

Secretary. The Secretary thereupon shall file in the court the

record of the proceedings on which the Secretary based the

Secretary's action, as provided in section 2112 of title 28.

The findings of fact by the Secretary, if supported by

substantial evidence, shall be conclusive, but the court, for

good cause shown, may remand the case to the Secretary to take

further evidence, and the Secretary may thereupon make new or

modified findings of fact and may modify the Secretary's

previous action, and shall file in the court the record of the

further proceedings. Such new or modified findings of fact

shall likewise be conclusive if supported by substantial

evidence.

(D) Jurisdiction of court of appeals; review by United States

Supreme Court

Upon the filing of a petition under subparagraph (B), the

United States court of appeals shall have jurisdiction to

affirm the action of the Secretary or to set it aside, in whole

or in part. The judgment of the court shall be subject to

review by the Supreme Court of the United States upon

certiorari or certification as provided in section 1254 of

title 28.

-SOURCE-

(Pub. L. 91-230, title VI, Sec. 612, as added Pub. L. 105-17, title

I, Sec. 101, June 4, 1997, 111 Stat. 60.)

-REFTEXT-

REFERENCES IN TEXT

For the effective date of the Individuals with Disabilities

Education Act Amendments of 1997, referred to in subsec. (c)(1),

(3), see section 201 of Pub. L. 105-17, set out as an Effective

Date note under section 1400 of this title.

The Social Security Act, referred to in subsec. (e), is act Aug.

14, 1935, ch. 531, 49 Stat. 620, as amended. Titles V and XIX of

the Act are classified generally to subchapters V (Sec. 701 et

seq.) and XIX (Sec. 1396 et seq.), respectively, of chapter 7 of

Title 42, The Public Health and Welfare. For complete

classification of this Act to the Code, see section 1305 of Title

42 and Tables.

-MISC2-

PRIOR PROVISIONS

A prior section 1412, Pub. L. 91-230, title VI, Sec. 612, Apr.

13, 1970, 84 Stat. 178; Pub. L. 92-318, title IV, Sec.

421(b)(1)(C), June 23, 1972, 86 Stat. 341; Pub. L. 93-380, title

VI, Sec. 614(b), (f)(1), 615(a), title VIII, Sec. 843(b), Aug. 21,

1974, 88 Stat. 581, 582, 611; Pub. L. 94-142, Sec. 2(a)(4), (c),

(d), 5(a), Nov. 29, 1975, 89 Stat. 773, 774, 780; Pub. L. 98-199,

Sec. 3(b), Dec. 2, 1983, 97 Stat. 1358; Pub. L. 99-457, title II,

Sec. 203(a), Oct. 8, 1986, 100 Stat. 1158; Pub. L. 100-630, title

I, Sec. 102(b), Nov. 7, 1988, 102 Stat. 3291; Pub. L. 101-476,

title IX, Sec. 901(b)(33)-(46), (c), Oct. 30, 1990, 104 Stat. 1143,

1144, 1151; Pub. L. 102-119, Sec. 25(a)(5), (b), Oct. 7, 1991, 105

Stat. 606, 607, related to eligibility requirements, prior to the

general amendment of subchapters I to IV of this chapter by Pub. L.

105-17.

EFFECTIVE DATE

Section effective June 4, 1997, except subsec. (a)(4), (14),

(16), effective July 1, 1998, see section 201(a)(1), (2)(A), of

Pub. L. 105-17, set out as a note under section 1400 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1401, 1411, 1413, 1414,

1415, 1416, 1419, 1435, 1453, 6311 of this title; title 29 section

725.

-CITE-

20 USC Sec. 1413 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 33 - EDUCATION OF INDIVIDUALS WITH DISABILITIES

SUBCHAPTER II - ASSISTANCE FOR EDUCATION OF ALL CHILDREN WITH

DISABILITIES

-HEAD-

Sec. 1413. Local educational agency eligibility

-STATUTE-

(a) In general

A local educational agency is eligible for assistance under this

subchapter for a fiscal year if such agency demonstrates to the

satisfaction of the State educational agency that it meets each of

the following conditions:

(1) Consistency with State policies

The local educational agency, in providing for the education of

children with disabilities within its jurisdiction, has in effect

policies, procedures, and programs that are consistent with the

State policies and procedures established under section 1412 of

this title.

(2) Use of amounts

(A) In general

Amounts provided to the local educational agency under this

subchapter shall be expended in accordance with the applicable

provisions of this subchapter and -

(i) shall be used only to pay the excess costs of providing

special education and related services to children with

disabilities;

(ii) shall be used to supplement State, local, and other

Federal funds and not to supplant such funds; and

(iii) shall not be used, except as provided in

subparagraphs (B) and (C), to reduce the level of

expenditures for the education of children with disabilities

made by the local educational agency from local funds below

the level of those expenditures for the preceding fiscal

year.

(B) Exception

Notwithstanding the restriction in subparagraph (A)(iii), a

local educational agency may reduce the level of expenditures

where such reduction is attributable to -

(i) the voluntary departure, by retirement or otherwise, or

departure for just cause, of special education personnel;

(ii) a decrease in the enrollment of children with

disabilities;

(iii) the termination of the obligation of the agency,

consistent with this subchapter, to provide a program of

special education to a particular child with a disability

that is an exceptionally costly program, as determined by the

State educational agency, because the child -

(I) has left the jurisdiction of the agency;

(II) has reached the age at which the obligation of the

agency to provide a free appropriate public education to

the child has terminated; or

(III) no longer needs such program of special education;

(iv) the termination of costly expenditures for long-term

purchases, such as the acquisition of equipment or the

construction of school facilities.

(i) Notwithstanding clauses (ii) and (iii) of subparagraph

(A), for any fiscal year for which amounts appropriated to

carry out section 1411 of this title exceeds $4,100,000,000, a

local educational agency may treat as local funds, for the

purpose of such clauses, up to 20 percent of the amount of

funds it receives under this subchapter that exceeds the amount

it received under this subchapter for the previous fiscal year.

(ii) Notwithstanding clause (i), if a State educational

agency determines that a local educational agency is not

meeting the requirements of this subchapter, the State

educational agency may prohibit the local educational agency

from treating funds received under this subchapter as local

funds under clause (i) for any fiscal year, only if it is

authorized to do so by the State constitution or a State

statute.

(D) Schoolwide programs under title I of the ESEA

Notwithstanding subparagraph (A) or any other provision of

this subchapter, a local educational agency may use funds

received under this subchapter for any fiscal year to carry out

a schoolwide program under section 1114 of the Elementary and

Secondary Education Act of 1965 (20 U.S.C. 6314), except that

the amount so used in any such program shall not exceed -

(i) the number of children with disabilities participating

in the schoolwide program; multiplied by

(ii)(I) the amount received by the local educational agency

under this subchapter for that fiscal year; divided by

(II) the number of children with disabilities in the

jurisdiction of that agency.

(3) Personnel development

The local educational agency -

(A) shall ensure that all personnel necessary to carry out

this subchapter are appropriately and adequately prepared,

consistent with the requirements of section 1453(c)(3)(D) of

this title; and

(B) to the extent such agency determines appropriate, shall

contribute to and use the comprehensive system of personnel

development of the State established under section 1412(a)(14)

of this title.

(4) Permissive use of funds

Notwithstanding paragraph (2)(A) or section 1412(a)(18)(B) of

this title (relating to commingled funds), funds provided to the

local educational agency under this subchapter may be used for

the following activities:

(A) Services and aids that also benefit nondisabled children

For the costs of special education and related services and

supplementary aids and services provided in a regular class or

other education-related setting to a child with a disability in

accordance with the individualized education program of the

child, even if one or more nondisabled children benefit from

such services.

(B) Integrated and coordinated services system

To develop and implement a fully integrated and coordinated

services system in accordance with subsection (f) of this

section.

(5) Treatment of charter schools and their students

In carrying out this subchapter with respect to charter schools

that are public schools of the local educational agency, the

local educational agency -

(A) serves children with disabilities attending those schools

in the same manner as it serves children with disabilities in

its other schools; and

(B) provides funds under this subchapter to those schools in

the same manner as it provides those funds to its other

schools.

(6) Information for State educational agency

The local educational agency shall provide the State

educational agency with information necessary to enable the State

educational agency to carry out its duties under this subchapter,

including, with respect to paragraphs (16) and (17) of section

1412(a) of this title, information relating to the performance of

children with disabilities participating in programs carried out

under this subchapter.

(7) Public information

The local educational agency shall make available to parents of

children with disabilities and to the general public all

documents relating to the eligibility of such agency under this

subchapter.

(b) Exception for prior local plans

(1) In general

If a local educational agency or State agency has on file with

the State educational agency policies and procedures that

demonstrate that such local educational agency, or such State

agency, as the case may be, meets any requirement of subsection

(a) of this section, including any policies and procedures filed

under this subchapter as in effect before the effective date of

the Individuals with Disabilities Education Act Amendments of

1997, the State educational agency shall consider such local

educational agency or State agency, as the case may be, to have

met such requirement for purposes of receiving assistance under

this subchapter.

(2) Modification made by local educational agency

Subject to paragraph (3), an application submitted by a local

educational agency in accordance with this section shall remain

in effect until it submits to the State educational agency such

modifications as the local educational agency deems necessary.

(3) Modifications required by State educational agency

If, after the effective date of the Individuals with

Disabilities Education Act Amendments of 1997, the provisions of

this chapter are amended (or the regulations developed to carry

out this chapter are amended), or there is a new interpretation

of this chapter by Federal or State courts, or there is an

official finding of noncompliance with Federal or State law or

regulations, the State educational agency may require a local

educational agency to modify its application only to the extent

necessary to ensure the local educational agency's compliance

with this subchapter or State law.

case of ineligibility

If the State educational agency determines that a local

educational agency or State agency is not eligible under this

section, the State educational agency shall notify the local

educational agency or State agency, as the case may be, of that

determination and shall provide such local educational agency or

State agency with reasonable notice and an opportunity for a

hearing.

(d) Local educational agency compliance

(1) In general

If the State educational agency, after reasonable notice and an

opportunity for a hearing, finds that a local educational agency

or State agency that has been determined to be eligible under

this section is failing to comply with any requirement described

in subsection (a) of this section, the State educational agency

shall reduce or shall not provide any further payments to the

local educational agency or State agency until the State

educational agency is satisfied that the local educational agency

or State agency, as the case may be, is complying with that

requirement.

(2) Additional requirement

Any State agency or local educational agency in receipt of a

notice described in paragraph (1) shall, by means of public

notice, take such measures as may be necessary to bring the

pendency of an action pursuant to this subsection to the

attention of the public within the jurisdiction of such agency.

(3) Consideration

In carrying out its responsibilities under paragraph (1), the

State educational agency shall consider any decision made in a

hearing held under section 1415 of this title that is adverse to

the local educational agency or State agency involved in that

decision.

(e) Joint establishment of eligibility

(1) Joint establishment

(A) In general

A State educational agency may require a local educational

agency to establish its eligibility jointly with another local

educational agency if the State educational agency determines

that the local educational agency would be ineligible under

this section because the local educational agency would not be

able to establish and maintain programs of sufficient size and

scope to effectively meet the needs of children with

disabilities.

(B) Charter school exception

A State educational agency may not require a charter school

that is a local educational agency to jointly establish its

eligibility under subparagraph (A) unless it is explicitly

permitted to do so under the State's charter school statute.

(2) Amount of payments

If a State educational agency requires the joint establishment

of eligibility under paragraph (1), the total amount of funds

made available to the affected local educational agencies shall

be equal to the sum of the payments that each such local

educational agency would have received under section 1411(g) of

this title if such agencies were eligible for such payments.

(3) Requirements

Local educational agencies that establish joint eligibility

under this subsection shall -

(A) adopt policies and procedures that are consistent with

the State's policies and procedures under section 1412(a) of

this title; and

(B) be jointly responsible for implementing programs that

receive assistance under this subchapter.

(4) Requirements for educational service agencies

(A) In general

If an educational service agency is required by State law to

carry out programs under this subchapter, the joint

responsibilities given to local educational agencies under this

subsection shall -

(i) not apply to the administration and disbursement of any

payments received by that educational service agency; and

(ii) be carried out only by that educational service

agency.

(B) Additional requirement

Notwithstanding any other provision of this subsection, an

educational service agency shall provide for the education of

children with disabilities in the least restrictive

environment, as required by section 1412(a)(5) of this title.

(f) Coordinated services system

(1) In general

A local educational agency may not use more than 5 percent of

the amount such agency receives under this subchapter for any

fiscal year, in combination with other amounts (which shall

include amounts other than education funds), to develop and

implement a coordinated services system designed to improve

results for children and families, including children with

disabilities and their families.

(2) Activities

In implementing a coordinated services system under this

subsection, a local educational agency may carry out activities

that include -

(A) improving the effectiveness and efficiency of service

delivery, including developing strategies that promote

accountability for results;

(B) service coordination and case management that facilitates

the linkage of individualized education programs under this

subchapter and individualized family service plans under

subchapter III of this chapter with individualized service

plans under multiple Federal and State programs, such as title

I of the Rehabilitation Act of 1973 (29 U.S.C. 720 et seq.)

(vocational rehabilitation), title XIX of the Social Security

Act (42 U.S.C. 1396 et seq.) (Medicaid), and title XVI of the

Social Security Act (42 U.S.C. 1381 et seq.) (supplemental

security income);

strategies for the provision of education, health, mental

health, and social services, including transition services and

related services under this chapter; and

(D) interagency personnel development for individuals working

on coordinated services.

(g) School-based improvement plan

(1) In general

Each local educational agency may, in accordance with paragraph

(2), use funds made available under this subchapter to permit a

public school within the jurisdiction of the local educational

agency to design, implement, and evaluate a school-based

improvement plan that is consistent with the purposes described

in section 1451(b) of this title and that is designed to improve

educational and transitional results for all children with

disabilities and, as appropriate, for other children consistent

with subparagraphs (A) and (B) of subsection (a)(4) of this

section in that public school.

(2) Authority

(A) In general

A State educational agency may grant authority to a local

educational agency to permit a public school described in

paragraph (1) (through a school-based standing panel

established under paragraph (4)(B)) to design, implement, and

evaluate a school-based improvement plan described in paragraph

(1) for a period not to exceed 3 years.

(B) Responsibility of local educational agency

If a State educational agency grants the authority described

in subparagraph (A), a local educational agency that is granted

such authority shall have the sole responsibility of oversight

of all activities relating to the design, implementation, and

evaluation of any school-based improvement plan that a public

school is permitted to design under this subsection.

(3) Plan requirements

A school-based improvement plan described in paragraph (1)

shall -

(A) be designed to be consistent with the purposes described

in section 1451(b) of this title and to improve educational and

transitional results for all children with disabilities and, as

appropriate, for other children consistent with subparagraphs

(A) and (B) of subsection (a)(4) of this section, who attend

the school for which the plan is designed and implemented;

(B) be designed, evaluated, and, as appropriate, implemented

by a school-based standing panel established in accordance with

paragraph (4)(B);

progress of the public school in meeting such goals; and

(D) ensure that all children with disabilities receive the

services described in the individualized education programs of

such children.

(4) Responsibilities of the local educational agency

A local educational agency that is granted authority under

paragraph (2) to permit a public school to design, implement, and

evaluate a school-based improvement plan shall -

(A) select each school under the jurisdiction of such agency

that is eligible to design, implement, and evaluate such a

plan;

(B) require each school selected under subparagraph (A), in

accordance with criteria established by such local educational

agency under subparagraph (C), to establish a school-based

standing panel to carry out the duties described in paragraph

(3)(B);

(i) criteria that shall be used by such local educational

agency in the selection of an eligible school under

subparagraph (A);

(ii) criteria that shall be used by a public school

selected under subparagraph (A) in the establishment of a

school-based standing panel to carry out the duties described

in paragraph (3)(B) and that shall ensure that the membership

of such panel reflects the diversity of the community in

which the public school is located and includes, at a minimum

(I) parents of children with disabilities who attend such

public school, including parents of children with

disabilities from unserved and underserved populations, as

appropriate;

(II) special education and general education teachers of

such public school;

(III) special education and general education

administrators, or the designee of such administrators, of

such public school; and

(IV) related services providers who are responsible for

providing services to the children with disabilities who

attend such public school; and

(iii) criteria that shall be used by such local educational

agency with respect to the distribution of funds under this

subchapter to carry out this subsection;

(D) disseminate the criteria established under subparagraph

organizations within the jurisdiction of such local educational

agency;

(E) require a public school that desires to design,

implement, and evaluate a school-based improvement plan to

submit an application at such time, in such manner, and

accompanied by such information as such local educational

agency shall reasonably require; and

(F) establish procedures for approval by such local

educational agency of a school-based improvement plan designed

under this subsection.

(5) Limitation

A school-based improvement plan described in paragraph (1) may

be submitted to a local educational agency for approval only if a

consensus with respect to any matter relating to the design,

implementation, or evaluation of the goals of such plan is

reached by the school-based standing panel that designed such

plan.

(6) Additional requirements

(A) Parental involvement

In carrying out the requirements of this subsection, a local

educational agency shall ensure that the parents of children

with disabilities are involved in the design, evaluation, and,

where appropriate, implementation of school-based improvement

plans in accordance with this subsection.

(B) Plan approval

A local educational agency may approve a school-based

improvement plan of a public school within the jurisdiction of

such agency for a period of 3 years, if -

(i) the approval is consistent with the policies,

procedures, and practices established by such local

educational agency and in accordance with this subsection;

and

(ii) a majority of parents of children who are members of

the school-based standing panel, and a majority of other

members of the school-based standing panel, that designed

such plan agree in writing to such plan.

(7) Extension of plan

If a public school within the jurisdiction of a local

educational agency meets the applicable requirements and criteria

described in paragraphs (3) and (4) at the expiration of the

3-year approval period described in paragraph (6)(B), such agency

may approve a school-based improvement plan of such school for an

additional 3-year period.

(h) Direct services by State educational agency

(1) In general

A State educational agency shall use the payments that would

otherwise have been available to a local educational agency or to

a State agency to provide special education and related services

directly to children with disabilities residing in the area

served by that local agency, or for whom that State agency is

responsible, if the State educational agency determines that the

local education (FOOTNOTE 1) agency or State agency, as the case

may be -

(FOOTNOTE 1) So in original. Probably should be

''educational''.

(A) has not provided the information needed to establish the

eligibility of such agency under this section;

(B) is unable to establish and maintain programs of free

appropriate public education that meet the requirements of

subsection (a) of this section;

more local educational agencies in order to establish and

maintain such programs; or

(D) has one or more children with disabilities who can best

be served by a regional or State program or service-delivery

system designed to meet the needs of such children.

(2) Manner and location of education and services

The State educational agency may provide special education and

related services under paragraph (1) in such manner and at such

locations (including regional or State centers) as the State

agency considers appropriate. Such education and services shall

be provided in accordance with this subchapter.

(i) State agency eligibility

Any State agency that desires to receive a subgrant for any

fiscal year under section 1411(g) of this title shall demonstrate

to the satisfaction of the State educational agency that -

(1) all children with disabilities who are participating in

programs and projects funded under this subchapter receive a free

appropriate public education, and that those children and their

parents are provided all the rights and procedural safeguards

described in this subchapter; and

(2) the agency meets such other conditions of this section as

the Secretary determines to be appropriate.

(j) Disciplinary information

The State may require that a local educational agency include in

the records of a child with a disability a statement of any current

or previous disciplinary action that has been taken against the

child and transmit such statement to the same extent that such

disciplinary information is included in, and transmitted with, the

student records of nondisabled children. The statement may include

a description of any behavior engaged in by the child that required

disciplinary action, a description of the disciplinary action

taken, and any other information that is relevant to the safety of

the child and other individuals involved with the child. If the

State adopts such a policy, and the child transfers from one school

to another, the transmission of any of the child's records must

include both the child's current individualized education program

and any such statement of current or previous disciplinary action

that has been taken against the child.

-SOURCE-

(Pub. L. 91-230, title VI, Sec. 613, as added Pub. L. 105-17, title

I, Sec. 101, June 4, 1997, 111 Stat. 73; amended Pub. L. 107-110,

title X, Sec. 1076(i), Jan. 8, 2002, 115 Stat. 2091.)

-REFTEXT-

REFERENCES IN TEXT

For the effective date of the Individuals with Disabilities

Education Act Amendments of 1997, referred to in subsec. (b)(1),

(3), see section 201 of Pub. L. 105-17, set out as an Effective

Date note under section 1400 of this title.

The Rehabilitation Act of 1973, referred to in subsec. (f)(2)(B),

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

I of the Rehabilitation Act of 1973 is classified generally to

subchapter I (Sec. 720 et seq.) of chapter 16 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.

The Social Security Act, referred to in subsec. (f)(2)(B), is act

Aug. 14, 1935, ch. 531, 49 Stat. 620, as amended. Titles XVI and

XIX of the Act are classified generally to subchapters XVI (Sec.

1381 et seq.) and XIX (Sec. 1396 et seq.), respectively, of chapter

7 of Title 42, The Public Health and Welfare. For complete

classification of this Act to the Code, see section 1305 of Title

42 and Tables.

-MISC2-

PRIOR PROVISIONS

A prior section 1413, Pub. L. 91-230, title VI, Sec. 613, Apr.

13, 1970, 84 Stat. 179; Pub. L. 93-380, title VI, Sec. 614(c), (d),

615(b), (c), title VIII, Sec. 843(b)(2), Aug. 21, 1974, 88 Stat.

581, 583, 611; Pub. L. 94-142, Sec. 5(a), Nov. 29, 1975, 89 Stat.

782; Pub. L. 98-199, Sec. 3(b), 7, Dec. 2, 1983, 97 Stat. 1358,

1359; Pub. L. 99-457, title II, Sec. 203(b), title IV, Sec. 405,

Oct. 8, 1986, 100 Stat. 1159, 1174; Pub. L. 100-630, title I, Sec.

102(c), Nov. 7, 1988, 102 Stat. 3291; Pub. L. 101-476, title II,

Sec. 202, title IX, Sec. 901(b)(47)-(58), Oct. 30, 1990, 104 Stat.

1111, 1144; Pub. L. 102-119, Sec. 5, 25(a)(6), (b), Oct. 7, 1991,

105 Stat. 591, 606, 607; Pub. L. 103-382, title III, Sec.

391(f)(2), Oct. 20, 1994, 108 Stat. 4023, related to requisite

features of a State plan, approval of State plan by Secretary, and

participation of children with disabilities enrolled in private

schools, prior to the general amendment of subchapters I to IV of

this chapter by Pub. L. 105-17.

AMENDMENTS

2002 - Subsec. (f)(3). Pub. L. 107-110 struck out heading and

text of par. (3). Text read as follows: ''If a local educational

agency is carrying out a coordinated services project under title

XI of the Elementary and Secondary Education Act of 1965 and a

coordinated services project under this subchapter in the same

schools, such agency shall use amounts under this subsection in

accordance with the requirements of that title.''

EFFECTIVE DATE OF 2002 AMENDMENT

Amendment by Pub. L. 107-110 effective Jan. 8, 2002, except with

respect to certain noncompetitive programs and competitive

programs, see section 5 of Pub. L. 107-110, set out as an Effective

Date note under section 6301 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1411, 1412, 1419, 6314,

7221b of this title.

-CITE-

20 USC Sec. 1414 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 33 - EDUCATION OF INDIVIDUALS WITH DISABILITIES

SUBCHAPTER II - ASSISTANCE FOR EDUCATION OF ALL CHILDREN WITH

DISABILITIES

-HEAD-

Sec. 1414. Evaluations, eligibility determinations, individualized

education programs, and educational placements

-STATUTE-

(a) Evaluations and reevaluations

(1) Initial evaluations

(A) In general

A State educational agency, other State agency, or local

educational agency shall conduct a full and individual initial

evaluation, in accordance with this paragraph and subsection

(b) of this section, before the initial provision of special

education and related services to a child with a disability

under this subchapter.

(B) Procedures

Such initial evaluation shall consist of procedures -

(i) to determine whether a child is a child with a

disability (as defined in section 1401(3) of this title); and

(ii) to determine the educational needs of such child.

(i) In general

The agency proposing to conduct an initial evaluation to

determine if the child qualifies as a child with a disability

as defined in section 1401(3)(A) or 1401(3)(B) of this title

shall obtain an informed consent from the parent of such

child before the evaluation is conducted. Parental consent

for evaluation shall not be construed as consent for

placement for receipt of special education and related

services.

(ii) Refusal

If the parents of such child refuse consent for the

evaluation, the agency may continue to pursue an evaluation

by utilizing the mediation and due process procedures under

section 1415 of this title, except to the extent inconsistent

with State law relating to parental consent.

(2) Reevaluations

A local educational agency shall ensure that a reevaluation of

each child with a disability is conducted -

(A) if conditions warrant a reevaluation or if the child's

parent or teacher requests a reevaluation, but at least once

every 3 years; and

(B) in accordance with subsections (b) and (c) of this

section.

(b) Evaluation procedures

(1) Notice

The local educational agency shall provide notice to the

parents of a child with a disability, in accordance with

subsections (b)(3), (b)(4), and (c) of section 1415 of this

title, that describes any evaluation procedures such agency

proposes to conduct.

(2) Conduct of evaluation

In conducting the evaluation, the local educational agency

shall -

(A) use a variety of assessment tools and strategies to

gather relevant functional and developmental information,

including information provided by the parent, that may assist

in determining whether the child is a child with a disability

and the content of the child's individualized education

program, including information related to enabling the child to

be involved in and progress in the general curriculum or, for

preschool children, to participate in appropriate activities;

(B) not use any single procedure as the sole criterion for

determining whether a child is a child with a disability or

determining an appropriate educational program for the child;

and

relative contribution of cognitive and behavioral factors, in

addition to physical or developmental factors.

(3) Additional requirements

Each local educational agency shall ensure that -

(A) tests and other evaluation materials used to assess a

child under this section -

(i) are selected and administered so as not to be

discriminatory on a racial or cultural basis; and

(ii) are provided and administered in the child's native

language or other mode of communication, unless it is clearly

not feasible to do so; and

(B) any standardized tests that are given to the child -

(i) have been validated for the specific purpose for which

they are used;

(ii) are administered by trained and knowledgeable

personnel; and

(iii) are administered in accordance with any instructions

provided by the producer of such tests;

disability; and

(D) assessment tools and strategies that provide relevant

information that directly assists persons in determining the

educational needs of the child are provided.

(4) Determination of eligibility

Upon completion of administration of tests and other evaluation

materials -

(A) the determination of whether the child is a child with a

disability as defined in section 1401(3) of this title shall be

made by a team of qualified professionals and the parent of the

child in accordance with paragraph (5); and

(B) a copy of the evaluation report and the documentation of

determination of eligibility will be given to the parent.

(5) Special rule for eligibility determination

In making a determination of eligibility under paragraph

(4)(A), a child shall not be determined to be a child with a

disability if the determinant factor for such determination is

lack of instruction in reading or math or limited English

proficiency.

(1) Review of existing evaluation data

As part of an initial evaluation (if appropriate) and as part

of any reevaluation under this section, the IEP Team described in

subsection (d)(1)(B) of this section and other qualified

professionals, as appropriate, shall -

(A) review existing evaluation data on the child, including

evaluations and information provided by the parents of the

child, current classroom-based assessments and observations,

and teacher and related services providers observation; and

(B) on the basis of that review, and input from the child's

parents, identify what additional data, if any, are needed to

determine -

(i) whether the child has a particular category of

disability, as described in section 1401(3) of this title,

or, in case of a reevaluation of a child, whether the child

continues to have such a disability;

(ii) the present levels of performance and educational

needs of the child;

(iii) whether the child needs special education and related

services, or in the case of a reevaluation of a child,

whether the child continues to need special education and

related services; and

(iv) whether any additions or modifications to the special

education and related services are needed to enable the child

to meet the measurable annual goals set out in the

individualized education program of the child and to

participate, as appropriate, in the general curriculum.

(2) Source of data

The local educational agency shall administer such tests and

other evaluation materials as may be needed to produce the data

identified by the IEP Team under paragraph (1)(B).

(3) Parental consent

Each local educational agency shall obtain informed parental

consent, in accordance with subsection (a)(1)(C) of this section,

prior to conducting any reevaluation of a child with a

disability, except that such informed parent consent need not be

obtained if the local educational agency can demonstrate that it

had taken reasonable measures to obtain such consent and the

child's parent has failed to respond.

(4) Requirements if additional data are not needed

If the IEP Team and other qualified professionals, as

appropriate, determine that no additional data are needed to

determine whether the child continues to be a child with a

disability, the local educational agency -

(A) shall notify the child's parents of -

(i) that determination and the reasons for it; and

(ii) the right of such parents to request an assessment to

determine whether the child continues to be a child with a

disability; and

(B) shall not be required to conduct such an assessment

unless requested to by the child's parents.

(5) Evaluations before change in eligibility

A local educational agency shall evaluate a child with a

disability in accordance with this section before determining

that the child is no longer a child with a disability.

(d) Individualized education programs

(1) Definitions

As used in this chapter:

(A) Individualized education program

The term ''individualized education program'' or ''IEP''

means a written statement for each child with a disability that

is developed, reviewed, and revised in accordance with this

section and that includes -

(i) a statement of the child's present levels of

educational performance, including -

(I) how the child's disability affects the child's

involvement and progress in the general curriculum; or

(II) for preschool children, as appropriate, how the

disability affects the child's participation in appropriate

activities;

(ii) a statement of measurable annual goals, including

benchmarks or short-term objectives, related to -

(I) meeting the child's needs that result from the

child's disability to enable the child to be involved in

and progress in the general curriculum; and

(II) meeting each of the child's other educational needs

that result from the child's disability;

(iii) a statement of the special education and related

services and supplementary aids and services to be provided

to the child, or on behalf of the child, and a statement of

the program modifications or supports for school personnel

that will be provided for the child -

(I) to advance appropriately toward attaining the annual

goals;

(II) to be involved and progress in the general

curriculum in accordance with clause (i) and to participate

in extracurricular and other nonacademic activities; and

(III) to be educated and participate with other children

with disabilities and nondisabled children in the

activities described in this paragraph;

(iv) an explanation of the extent, if any, to which the

child will not participate with nondisabled children in the

regular class and in the activities described in clause

(iii);

(v)(I) a statement of any individual modifications in the

administration of State or districtwide assessments of

student achievement that are needed in order for the child to

participate in such assessment; and

(II) if the IEP Team determines that the child will not

participate in a particular State or districtwide assessment

of student achievement (or part of such an assessment), a

statement of -

(aa) why that assessment is not appropriate for the

child; and

(bb) how the child will be assessed;

(vi) the projected date for the beginning of the services

and modifications described in clause (iii), and the

anticipated frequency, location, and duration of those

services and modifications;

(vii)(I) beginning at age 14, and updated annually, a

statement of the transition service needs of the child under

the applicable components of the child's IEP that focuses on

the child's courses of study (such as participation in

advanced-placement courses or a vocational education

program);

(II) beginning at age 16 (or younger, if determined

appropriate by the IEP Team), a statement of needed

transition services for the child, including, when

appropriate, a statement of the interagency responsibilities

or any needed linkages; and

(III) beginning at least one year before the child reaches

the age of majority under State law, a statement that the

child has been informed of his or her rights under this

chapter, if any, that will transfer to the child on reaching

the age of majority under section 1415(m) of this title; and

(viii) a statement of -

(I) how the child's progress toward the annual goals

described in clause (ii) will be measured; and

(II) how the child's parents will be regularly informed

(by such means as periodic report cards), at least as often

as parents are informed of their nondisabled children's

progress, of -

(aa) their child's progress toward the annual goals

described in clause (ii); and

(bb) the extent to which that progress is sufficient to

enable the child to achieve the goals by the end of the

year.

(B) Individualized education program team

The term ''individualized education program team'' or ''IEP

Team'' means a group of individuals composed of -

(i) the parents of a child with a disability;

(ii) at least one regular education teacher of such child

(if the child is, or may be, participating in the regular

education environment);

(iii) at least one special education teacher, or where

appropriate, at least one special education provider of such

child;

(iv) a representative of the local educational agency who -

(I) is qualified to provide, or supervise the provision

of, specially designed instruction to meet the unique needs

of children with disabilities;

(II) is knowledgeable about the general curriculum; and

(III) is knowledgeable about the availability of

resources of the local educational agency;

(v) an individual who can interpret the instructional

implications of evaluation results, who may be a member of

the team described in clauses (ii) through (vi);

(vi) at the discretion of the parent or the agency, other

individuals who have knowledge or special expertise regarding

the child, including related services personnel as

appropriate; and

(vii) whenever appropriate, the child with a disability.

(2) Requirement that program be in effect

(A) In general

At the beginning of each school year, each local educational

agency, State educational agency, or other State agency, as the

case may be, shall have in effect, for each child with a

disability in its jurisdiction, an individualized education

program, as defined in paragraph (1)(A).

(B) Program for child aged 3 through 5

In the case of a child with a disability aged 3 through 5

(or, at the discretion of the State educational agency, a 2

year-old (FOOTNOTE 1) child with a disability who will turn age

3 during the school year), an individualized family service

plan that contains the material described in section 1436 of

this title, and that is developed in accordance with this

section, may serve as the IEP of the child if using that plan

as the IEP is -

(FOOTNOTE 1) So in original. Probably should be ''2-year-old''.

(i) consistent with State policy; and

(ii) agreed to by the agency and the child's parents.

(3) Development of IEP

(A) In general

In developing each child's IEP, the IEP Team, subject to

subparagraph (C), shall consider -

(i) the strengths of the child and the concerns of the

parents for enhancing the education of their child; and

(ii) the results of the initial evaluation or most recent

evaluation of the child.

(B) Consideration of special factors

The IEP Team shall -

(i) in the case of a child whose behavior impedes his or

her learning or that of others, consider, when appropriate,

strategies, including positive behavioral interventions,

strategies, and supports to address that behavior;

(ii) in the case of a child with limited English

proficiency, consider the language needs of the child as such

needs relate to the child's IEP;

(iii) in the case of a child who is blind or visually

impaired, provide for instruction in Braille and the use of

Braille unless the IEP Team determines, after an evaluation

of the child's reading and writing skills, needs, and

appropriate reading and writing media (including an

evaluation of the child's future needs for instruction in

Braille or the use of Braille), that instruction in Braille

or the use of Braille is not appropriate for the child;

(iv) consider the communication needs of the child, and in

the case of a child who is deaf or hard of hearing, consider

the child's language and communication needs, opportunities

for direct communications with peers and professional

personnel in the child's language and communication mode,

academic level, and full range of needs, including

opportunities for direct instruction in the child's language

and communication mode; and

(v) consider whether the child requires assistive

technology devices and services.

The regular education teacher of the child, as a member of

the IEP Team, shall, to the extent appropriate, participate in

the development of the IEP of the child, including the

determination of appropriate positive behavioral interventions

and strategies and the determination of supplementary aids and

services, program modifications, and support for school

personnel consistent with paragraph (1)(A)(iii).

(4) Review and revision of IEP

(A) In general

The local educational agency shall ensure that, subject to

subparagraph (B), the IEP Team -

(i) reviews the child's IEP periodically, but not less than

annually to determine whether the annual goals for the child

are being achieved; and

(ii) revises the IEP as appropriate to address -

(I) any lack of expected progress toward the annual goals

and in the general curriculum, where appropriate;

(II) the results of any reevaluation conducted under this

section;

(III) information about the child provided to, or by, the

parents, as described in subsection (c)(1)(B) of this

section;

(IV) the child's anticipated needs; or

(V) other matters.

(B) Requirement with respect to regular education teacher

The regular education teacher of the child, as a member of

the IEP Team, shall, to the extent appropriate, participate in

the review and revision of the IEP of the child.

(5) Failure to meet transition objectives

If a participating agency, other than the local educational

agency, fails to provide the transition services described in the

IEP in accordance with paragraph (1)(A)(vii), the local

educational agency shall reconvene the IEP Team to identify

alternative strategies to meet the transition objectives for the

child set out in that program.

(6) Children with disabilities in adult prisons

(A) In general

The following requirements do not apply to children with

disabilities who are convicted as adults under State law and

incarcerated in adult prisons:

(i) The requirements contained in section 1412(a)(17) of

this title and paragraph (1)(A)(v) of this subsection

(relating to participation of children with disabilities in

general assessments).

(ii) The requirements of subclauses (I) and (II) of

paragraph (1)(A)(vii) of this subsection (relating to

transition planning and transition services), do not apply

with respect to such children whose eligibility under this

subchapter will end, because of their age, before they will

be released from prison.

(B) Additional requirement

If a child with a disability is convicted as an adult under

State law and incarcerated in an adult prison, the child's IEP

Team may modify the child's IEP or placement notwithstanding

the requirements of section 1412(a)(5)(A) of this title and

subsection (d)(1)(A) of this section if the State has

demonstrated a bona fide security or compelling penological

interest that cannot otherwise be accommodated.

(e) Construction

Nothing in this section shall be construed to require the IEP

Team to include information under one component of a child's IEP

that is already contained under another component of such IEP.

(f) Educational placements

Each local educational agency or State educational agency shall

ensure that the parents of each child with a disability are members

of any group that makes decisions on the educational placement of

their child.

-SOURCE-

(Pub. L. 91-230, title VI, Sec. 614, as added Pub. L. 105-17, title

I, Sec. 101, June 4, 1997, 111 Stat. 81.)

-MISC1-

PRIOR PROVISIONS

A prior section 1414, Pub. L. 91-230, title VI, Sec. 614, Apr.

13, 1970, 84 Stat. 181; Pub. L. 94-142, Sec. 5(a), Nov. 29, 1975,

89 Stat. 784; Pub. L. 98-199, Sec. 3(b), Dec. 2, 1983, 97 Stat.

1358; Pub. L. 100-630, title I, Sec. 102(d), Nov. 7, 1988, 102

Stat. 3293; Pub. L. 101-476, title IX, Sec. 901(b)(59)-(70), Oct.

30, 1990, 104 Stat. 1144, 1145; Pub. L. 102-119, Sec. 6, 25(b),

Oct. 7, 1991, 105 Stat. 591, 607, related to requisite features of

an application, approval of application by State educational

agency, consolidated applications of local educational agencies,

and provision of special education and related services directly to

children with disabilities in areas not served by local educational

agency, prior to the general amendment of subchapters I to IV of

this chapter by Pub. L. 105-17.

A prior section 1414a, Pub. L. 91-230, title VI, Sec. 614A, as

added Pub. L. 103-382, title III, Sec. 312, Oct. 20, 1994, 108

Stat. 3934, which related to treatment of State agencies that

received funds for fiscal year 1994 under subpart 2 of part D of

chapter 1 of title I of the Elementary and Secondary Education Act

of 1965 (as in existence on the day preceding Oct. 20, 1994), was

omitted in the general amendment of subchapters I to IV of this

chapter by Pub. L. 105-17.

EFFECTIVE DATE

Section effective June 4, 1997, except subsec. (d)(1) to (5),

effective July 1, 1998, see section 201(a)(1), (2)(A), of Pub. L.

105-17, set out as a note under section 1400 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1401, 1412, 1415, 1473,

2351, 2415, 6316, 6362 of this title; title 29 section 721.

-CITE-

20 USC Sec. 1415 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 33 - EDUCATION OF INDIVIDUALS WITH DISABILITIES

SUBCHAPTER II - ASSISTANCE FOR EDUCATION OF ALL CHILDREN WITH

DISABILITIES

-HEAD-

Sec. 1415. Procedural safeguards

-STATUTE-

(a) Establishment of procedures

Any State educational agency, State agency, or local educational

agency that receives assistance under this subchapter shall

establish and maintain procedures in accordance with this section

to ensure that children with disabilities and their parents are

guaranteed procedural safeguards with respect to the provision of

free appropriate public education by such agencies.

(b) Types of procedures

The procedures required by this section shall include -

(1) an opportunity for the parents of a child with a disability

to examine all records relating to such child and to participate

in meetings with respect to the identification, evaluation, and

educational placement of the child, and the provision of a free

appropriate public education to such child, and to obtain an

independent educational evaluation of the child;

(2) procedures to protect the rights of the child whenever the

parents of the child are not known, the agency cannot, after

reasonable efforts, locate the parents, or the child is a ward of

the State, including the assignment of an individual (who shall

not be an employee of the State educational agency, the local

educational agency, or any other agency that is involved in the

education or care of the child) to act as a surrogate for the

parents;

(3) written prior notice to the parents of the child whenever

such agency -

(A) proposes to initiate or change; or

(B) refuses to initiate or change;

the identification, evaluation, or educational placement of the

child, in accordance with subsection (c) of this section, or the

provision of a free appropriate public education to the child;

(4) procedures designed to ensure that the notice required by

paragraph (3) is in the native language of the parents, unless it

clearly is not feasible to do so;

(5) an opportunity for mediation in accordance with subsection

(e) of this section;

(6) an opportunity to present complaints with respect to any

matter relating to the identification, evaluation, or educational

placement of the child, or the provision of a free appropriate

public education to such child;

(7) procedures that require the parent of a child with a

disability, or the attorney representing the child, to provide

notice (which shall remain confidential) -

(A) to the State educational agency or local educational

agency, as the case may be, in the complaint filed under

paragraph (6); and

(B) that shall include -

(i) the name of the child, the address of the residence of

the child, and the name of the school the child is attending;

(ii) a description of the nature of the problem of the

child relating to such proposed initiation or change,

including facts relating to such problem; and

(iii) a proposed resolution of the problem to the extent

known and available to the parents at the time; and

(8) procedures that require the State educational agency to

develop a model form to assist parents in filing a complaint in

accordance with paragraph (7).

The notice required by subsection (b)(3) of this section shall

include -

(1) a description of the action proposed or refused by the

agency;

(2) an explanation of why the agency proposes or refuses to

take the action;

(3) a description of any other options that the agency

considered and the reasons why those options were rejected;

(4) a description of each evaluation procedure, test, record,

or report the agency used as a basis for the proposed or refused

action;

(5) a description of any other factors that are relevant to the

agency's proposal or refusal;

(6) a statement that the parents of a child with a disability

have protection under the procedural safeguards of this

subchapter and, if this notice is not an initial referral for

evaluation, the means by which a copy of a description of the

procedural safeguards can be obtained; and

(7) sources for parents to contact to obtain assistance in

understanding the provisions of this subchapter.

(d) Procedural safeguards notice

(1) In general

A copy of the procedural safeguards available to the parents of

a child with a disability shall be given to the parents, at a

minimum -

(A) upon initial referral for evaluation;

(B) upon each notification of an individualized education

program meeting and upon reevaluation of the child; and

of this section.

(2) Contents

The procedural safeguards notice shall include a full

explanation of the procedural safeguards, written in the native

language of the parents, unless it clearly is not feasible to do

so, and written in an easily understandable manner, available

under this section and under regulations promulgated by the

Secretary relating to -

(A) independent educational evaluation;

(B) prior written notice;

(D) access to educational records;

(E) opportunity to present complaints;

(F) the child's placement during pendency of due process

proceedings;

(G) procedures for students who are subject to placement in

an interim alternative educational setting;

(H) requirements for unilateral placement by parents of

children in private schools at public expense;

(I) mediation;

(J) due process hearings, including requirements for

disclosure of evaluation results and recommendations;

(K) State-level appeals (if applicable in that State);

(L) civil actions; and

(M) attorneys' fees.

(e) Mediation

(1) In general

Any State educational agency or local educational agency that

receives assistance under this subchapter shall ensure that

procedures are established and implemented to allow parties to

disputes involving any matter described in subsection (b)(6) of

this section to resolve such disputes through a mediation process

which, at a minimum, shall be available whenever a hearing is

requested under subsection (f ) or (k) of this section.

(2) Requirements

Such procedures shall meet the following requirements:

(A) The procedures shall ensure that the mediation process -

(i) is voluntary on the part of the parties;

(ii) is not used to deny or delay a parent's right to a due

process hearing under subsection (f) of this section, or to

deny any other rights afforded under this subchapter; and

(iii) is conducted by a qualified and impartial mediator

who is trained in effective mediation techniques.

(B) A local educational agency or a State agency may

establish procedures to require parents who choose not to use

the mediation process to meet, at a time and location

convenient to the parents, with a disinterested party who is

under contract with -

(i) a parent training and information center or community

parent resource center in the State established under section

1482 or 1483 of this title; or

(ii) an appropriate alternative dispute resolution entity;

to encourage the use, and explain the benefits, of the

mediation process to the parents.

qualified mediators and knowledgeable in laws and regulations

relating to the provision of special education and related

services.

(D) The State shall bear the cost of the mediation process,

including the costs of meetings described in subparagraph (B).

(E) Each session in the mediation process shall be scheduled

in a timely manner and shall be held in a location that is

convenient to the parties to the dispute.

(F) An agreement reached by the parties to the dispute in the

mediation process shall be set forth in a written mediation

agreement.

(G) Discussions that occur during the mediation process shall

be confidential and may not be used as evidence in any

subsequent due process hearings or civil proceedings and the

parties to the mediation process may be required to sign a

confidentiality pledge prior to the commencement of such

process.

(f) Impartial due process hearing

(1) In general

Whenever a complaint has been received under subsection (b)(6)

or (k) of this section, the parents involved in such complaint

shall have an opportunity for an impartial due process hearing,

which shall be conducted by the State educational agency or by

the local educational agency, as determined by State law or by

the State educational agency.

(2) Disclosure of evaluations and recommendations

(A) In general

At least 5 business days prior to a hearing conducted

pursuant to paragraph (1), each party shall disclose to all

other parties all evaluations completed by that date and

recommendations based on the offering party's evaluations that

the party intends to use at the hearing.

(B) Failure to disclose

A hearing officer may bar any party that fails to comply with

subparagraph (A) from introducing the relevant evaluation or

recommendation at the hearing without the consent of the other

party.

(3) Limitation on conduct of hearing

A hearing conducted pursuant to paragraph (1) may not be

conducted by an employee of the State educational agency or the

local educational agency involved in the education or care of the

child.

(g) Appeal

If the hearing required by subsection (f) of this section is

conducted by a local educational agency, any party aggrieved by the

findings and decision rendered in such a hearing may appeal such

findings and decision to the State educational agency. Such agency

shall conduct an impartial review of such decision. The officer

conducting such review shall make an independent decision upon

completion of such review.

(h) Safeguards

Any party to a hearing conducted pursuant to subsection (f) or

(k) of this section, or an appeal conducted pursuant to subsection

(g) of this section, shall be accorded -

(1) the right to be accompanied and advised by counsel and by

individuals with special knowledge or training with respect to

the problems of children with disabilities;

(2) the right to present evidence and confront, cross-examine,

and compel the attendance of witnesses;

(3) the right to a written, or, at the option of the parents,

electronic verbatim record of such hearing; and

(4) the right to written, or, at the option of the parents,

electronic findings of fact and decisions (which findings and

decisions shall be made available to the public consistent with

the requirements of section 1417(c) of this title (relating to

the confidentiality of data, information, and records) and shall

also be transmitted to the advisory panel established pursuant to

section 1412(a)(21) of this title).

(i) Administrative procedures

(1) In general

(A) Decision made in hearing

A decision made in a hearing conducted pursuant to subsection

(f) or (k) of this section shall be final, except that any

party involved in such hearing may appeal such decision under

the provisions of subsection (g) of this section and paragraph

(2) of this subsection.

(B) Decision made at appeal

A decision made under subsection (g) of this section shall be

final, except that any party may bring an action under

paragraph (2) of this subsection.

(2) Right to bring civil action

(A) In general

Any party aggrieved by the findings and decision made under

subsection (f) or (k) of this section who does not have the

right to an appeal under subsection (g) of this section, and

any party aggrieved by the findings and decision under this

subsection, shall have the right to bring a civil action with

respect to the complaint presented pursuant to this section,

which action may be brought in any State court of competent

jurisdiction or in a district court of the United States

without regard to the amount in controversy.

(B) Additional requirements

In any action brought under this paragraph, the court -

(i) shall receive the records of the administrative

proceedings;

(ii) shall hear additional evidence at the request of a

party; and

(iii) basing its decision on the preponderance of the

evidence, shall grant such relief as the court determines is

appropriate.

(3) Jurisdiction of district courts; attorneys' fees

(A) In general

The district courts of the United States shall have

jurisdiction of actions brought under this section without

regard to the amount in controversy.

(B) Award of attorneys' fees

In any action or proceeding brought under this section, the

court, in its discretion, may award reasonable attorneys' fees

as part of the costs to the parents of a child with a

disability who is the prevailing party.

Fees awarded under this paragraph shall be based on rates

prevailing in the community in which the action or proceeding

arose for the kind and quality of services furnished. No bonus

or multiplier may be used in calculating the fees awarded under

this subsection.

(D) Prohibition of attorneys' fees and related costs for

certain services

(i) Attorneys' fees may not be awarded and related costs may

not be reimbursed in any action or proceeding under this

section for services performed subsequent to the time of a

written offer of settlement to a parent if -

(I) the offer is made within the time prescribed by Rule 68

of the Federal Rules of Civil Procedure or, in the case of an

administrative proceeding, at any time more than 10 days

before the proceeding begins;

(II) the offer is not accepted within 10 days; and

(III) the court or administrative hearing officer finds

that the relief finally obtained by the parents is not more

favorable to the parents than the offer of settlement.

(ii) Attorneys' fees may not be awarded relating to any

meeting of the IEP Team unless such meeting is convened as a

result of an administrative proceeding or judicial action, or,

at the discretion of the State, for a mediation described in

subsection (e) of this section that is conducted prior to the

filing of a complaint under subsection (b)(6) or (k) of this

section.

(E) Exception to prohibition on attorneys' fees and related

costs

Notwithstanding subparagraph (D), an award of attorneys' fees

and related costs may be made to a parent who is the prevailing

party and who was substantially justified in rejecting the

settlement offer.

(F) Reduction in amount of attorneys' fees

Except as provided in subparagraph (G), whenever the court

finds that -

(i) the parent, during the course of the action or

proceeding, unreasonably protracted the final resolution of

the controversy;

(ii) the amount of the attorneys' fees otherwise authorized

to be awarded unreasonably exceeds the hourly rate prevailing

in the community for similar services by attorneys of

reasonably comparable skill, reputation, and experience;

(iii) the time spent and legal services furnished were

excessive considering the nature of the action or proceeding;

(iv) the attorney representing the parent did not provide

to the school district the appropriate information in the due

process complaint in accordance with subsection (b)(7) of

this section;

the court shall reduce, accordingly, the amount of the

attorneys' fees awarded under this section.

(G) Exception to reduction in amount of attorneys' fees

The provisions of subparagraph (F) shall not apply in any

action or proceeding if the court finds that the State or local

educational agency unreasonably protracted the final resolution

of the action or proceeding or there was a violation of this

section.

(j) Maintenance of current educational placement

Except as provided in subsection (k)(7) of this section, during

the pendency of any proceedings conducted pursuant to this section,

unless the State or local educational agency and the parents

otherwise agree, the child shall remain in the then-current

educational placement of such child, or, if applying for initial

admission to a public school, shall, with the consent of the

parents, be placed in the public school program until all such

proceedings have been completed.

(k) Placement in alternative educational setting

(1) Authority of school personnel

(A) School personnel under this section may order a change in

the placement of a child with a disability -

(i) to an appropriate interim alternative educational

setting, another setting, or suspension, for not more than 10

school days (to the extent such alternatives would be applied

to children without disabilities); and

(ii) to an appropriate interim alternative educational

setting for the same amount of time that a child without a

disability would be subject to discipline, but for not more

than 45 days if -

(I) the child carries or possesses a weapon to or at

school, on school premises, or to or at a school function

under the jurisdiction of a State or a local educational

agency; or

(II) the child knowingly possesses or uses illegal drugs or

sells or solicits the sale of a controlled substance while at

school or a school function under the jurisdiction of a State

or local educational agency.

(B) Either before or not later than 10 days after taking a

disciplinary action described in subparagraph (A) -

(i) if the local educational agency did not conduct a

functional behavioral assessment and implement a behavioral

intervention plan for such child before the behavior that

resulted in the suspension described in subparagraph (A), the

agency shall convene an IEP meeting to develop an assessment

plan to address that behavior; or

(ii) if the child already has a behavioral intervention plan,

the IEP Team shall review the plan and modify it, as necessary,

to address the behavior.

(2) Authority of hearing officer

A hearing officer under this section may order a change in the

placement of a child with a disability to an appropriate interim

alternative educational setting for not more than 45 days if the

hearing officer -

(A) determines that the public agency has demonstrated by

substantial evidence that maintaining the current placement of

such child is substantially likely to result in injury to the

child or to others;

(B) considers the appropriateness of the child's current

placement;

efforts to minimize the risk of harm in the child's current

placement, including the use of supplementary aids and

services; and

(D) determines that the interim alternative educational

setting meets the requirements of paragraph (3)(B).

(3) Determination of setting

(A) In general

The alternative educational setting described in paragraph

(1)(A)(ii) shall be determined by the IEP Team.

(B) Additional requirements

Any interim alternative educational setting in which a child

is placed under paragraph (1) or (2) shall -

(i) be selected so as to enable the child to continue to

participate in the general curriculum, although in another

setting, and to continue to receive those services and

modifications, including those described in the child's

current IEP, that will enable the child to meet the goals set

out in that IEP; and

(ii) include services and modifications designed to address

the behavior described in paragraph (1) or paragraph (2) so

that it does not recur.

(4) Manifestation determination review

(A) In general

If a disciplinary action is contemplated as described in

paragraph (1) or paragraph (2) for a behavior of a child with a

disability described in either of those paragraphs, or if a

disciplinary action involving a change of placement for more

than 10 days is contemplated for a child with a disability who

has engaged in other behavior that violated any rule or code of

conduct of the local educational agency that applies to all

children -

(i) not later than the date on which the decision to take

that action is made, the parents shall be notified of that

decision and of all procedural safeguards accorded under this

section; and

(ii) immediately, if possible, but in no case later than 10

school days after the date on which the decision to take that

action is made, a review shall be conducted of the

relationship between the child's disability and the behavior

subject to the disciplinary action.

(B) Individuals to carry out review

A review described in subparagraph (A) shall be conducted by

the IEP Team and other qualified personnel.

In carrying out a review described in subparagraph (A), the

IEP Team may determine that the behavior of the child was not a

manifestation of such child's disability only if the IEP Team -

(i) first considers, in terms of the behavior subject to

disciplinary action, all relevant information, including -

(I) evaluation and diagnostic results, including such

results or other relevant information supplied by the

parents of the child;

(II) observations of the child; and

(III) the child's IEP and placement; and

(ii) then determines that -

(I) in relationship to the behavior subject to

disciplinary action, the child's IEP and placement were

appropriate and the special education services,

supplementary aids and services, and behavior intervention

strategies were provided consistent with the child's IEP

and placement;

(II) the child's disability did not impair the ability of

the child to understand the impact and consequences of the

behavior subject to disciplinary action; and

(III) the child's disability did not impair the ability

of the child to control the behavior subject to

disciplinary action.

(5) Determination that behavior was not manifestation of

disability

(A) In general

If the result of the review described in paragraph (4) is a

determination, consistent with paragraph (4)(C), that the

behavior of the child with a disability was not a manifestation

of the child's disability, the relevant disciplinary procedures

applicable to children without disabilities may be applied to

the child in the same manner in which they would be applied to

children without disabilities, except as provided in section

1412(a)(1) of this title.

(B) Additional requirement

If the public agency initiates disciplinary procedures

applicable to all children, the agency shall ensure that the

special education and disciplinary records of the child with a

disability are transmitted for consideration by the person or

persons making the final determination regarding the

disciplinary action.

(6) Parent appeal

(A) In general

(i) If the child's parent disagrees with a determination that

the child's behavior was not a manifestation of the child's

disability or with any decision regarding placement, the parent

may request a hearing.

(ii) The State or local educational agency shall arrange for

an expedited hearing in any case described in this subsection

when requested by a parent.

(B) Review of decision

(i) In reviewing a decision with respect to the manifestation

determination, the hearing officer shall determine whether the

public agency has demonstrated that the child's behavior was

not a manifestation of such child's disability consistent with

the requirements of paragraph (4)(C).

(ii) In reviewing a decision under paragraph (1)(A)(ii) to

place the child in an interim alternative educational setting,

the hearing officer shall apply the standards set out in

paragraph (2).

(7) Placement during appeals

(A) In general

When a parent requests a hearing regarding a disciplinary

action described in paragraph (1)(A)(ii) or paragraph (2) to

challenge the interim alternative educational setting or the

manifestation determination, the child shall remain in the

interim alternative educational setting pending the decision of

the hearing officer or until the expiration of the time period

provided for in paragraph (1)(A)(ii) or paragraph (2),

whichever occurs first, unless the parent and the State or

local educational agency agree otherwise.

(B) Current placement

If a child is placed in an interim alternative educational

setting pursuant to paragraph (1)(A)(ii) or paragraph (2) and

school personnel propose to change the child's placement after

expiration of the interim alternative placement, during the

pendency of any proceeding to challenge the proposed change in

placement, the child shall remain in the current placement (the

child's placement prior to the interim alternative educational

setting), except as provided in subparagraph (C).

(i) If school personnel maintain that it is dangerous for the

child to be in the current placement (placement prior to

removal to the interim alternative education setting) during

the pendency of the due process proceedings, the local

educational agency may request an expedited hearing.

(ii) In determining whether the child may be placed in the

alternative educational setting or in another appropriate

placement ordered by the hearing officer, the hearing officer

shall apply the standards set out in paragraph (2).

(8) Protections for children not yet eligible for special

education and related services

(A) In general

A child who has not been determined to be eligible for

special education and related services under this subchapter

and who has engaged in behavior that violated any rule or code

of conduct of the local educational agency, including any

behavior described in paragraph (1), may assert any of the

protections provided for in this subchapter if the local

educational agency had knowledge (as determined in accordance

with this paragraph) that the child was a child with a

disability before the behavior that precipitated the

disciplinary action occurred.

(B) Basis of knowledge

A local educational agency shall be deemed to have knowledge

that a child is a child with a disability if -

(i) the parent of the child has expressed concern in

writing (unless the parent is illiterate or has a disability

that prevents compliance with the requirements contained in

this clause) to personnel of the appropriate educational

agency that the child is in need of special education and

related services;

(ii) the behavior or performance of the child demonstrates

the need for such services;

(iii) the parent of the child has requested an evaluation

of the child pursuant to section 1414 of this title; or

(iv) the teacher of the child, or other personnel of the

local educational agency, has expressed concern about the

behavior or performance of the child to the director of

special education of such agency or to other personnel of the

agency.

(i) In general

If a local educational agency does not have knowledge that

a child is a child with a disability (in accordance with

subparagraph (B)) prior to taking disciplinary measures

against the child, the child may be subjected to the same

disciplinary measures as measures applied to children without

disabilities who engaged in comparable behaviors consistent

with clause (ii).

(ii) Limitations

If a request is made for an evaluation of a child during

the time period in which the child is subjected to

disciplinary measures under paragraph (1) or (2), the

evaluation shall be conducted in an expedited manner. If the

child is determined to be a child with a disability, taking

into consideration information from the evaluation conducted

by the agency and information provided by the parents, the

agency shall provide special education and related services

in accordance with the provisions of this subchapter, except

that, pending the results of the evaluation, the child shall

remain in the educational placement determined by school

authorities.

(9) Referral to and action by law enforcement and judicial

authorities

(A) Nothing in this subchapter shall be construed to prohibit

an agency from reporting a crime committed by a child with a

disability to appropriate authorities or to prevent State law

enforcement and judicial authorities from exercising their

responsibilities with regard to the application of Federal and

State law to crimes committed by a child with a disability.

(B) An agency reporting a crime committed by a child with a

disability shall ensure that copies of the special education and

disciplinary records of the child are transmitted for

consideration by the appropriate authorities to whom it reports

the crime.

(10) Definitions

For purposes of this subsection, the following definitions

apply:

(A) Controlled substance

The term ''controlled substance'' means a drug or other

substance identified under schedules I, II, III, IV, or V in

section 202(c) of the Controlled Substances Act (21 U.S.C.

812(c)).

(B) Illegal drug

The term ''illegal drug'' -

(i) means a controlled substance; but

(ii) does not include such a substance that is legally

possessed or used under the supervision of a licensed

health-care professional or that is legally possessed or used

under any other authority under that Act (21 U.S.C. 801 et

seq.) or under any other provision of Federal law.

The term ''substantial evidence'' means beyond a

preponderance of the evidence.

(D) Weapon

The term ''weapon'' has the meaning given the term

''dangerous weapon'' under paragraph (2) of the first

subsection (g) of section 930 of title 18.

(l) Rule of construction

Nothing in this chapter shall be construed to restrict or limit

the rights, procedures, and remedies available under the

Constitution, the Americans with Disabilities Act of 1990 (42

U.S.C. 12101 et seq.), title V of the Rehabilitation Act of 1973

(29 U.S.C. 790 et seq.), or other Federal laws protecting the

rights of children with disabilities, except that before the filing

of a civil action under such laws seeking relief that is also

available under this subchapter, the procedures under subsections

(f) and (g) of this section shall be exhausted to the same extent

as would be required had the action been brought under this

subchapter.

(m) Transfer of parental rights at age of majority

(1) In general

A State that receives amounts from a grant under this

subchapter may provide that, when a child with a disability

reaches the age of majority under State law (except for a child

with a disability who has been determined to be incompetent under

State law) -

(A) the public agency shall provide any notice required by

this section to both the individual and the parents;

(B) all other rights accorded to parents under this

subchapter transfer to the child;

the transfer of rights; and

(D) all rights accorded to parents under this subchapter

transfer to children who are incarcerated in an adult or

juvenile Federal, State, or local correctional institution.

(2) Special rule

If, under State law, a child with a disability who has reached

the age of majority under State law, who has not been determined

to be incompetent, but who is determined not to have the ability

to provide informed consent with respect to the educational

program of the child, the State shall establish procedures for

appointing the parent of the child, or if the parent is not

available, another appropriate individual, to represent the

educational interests of the child throughout the period of

eligibility of the child under this subchapter.

-SOURCE-

(Pub. L. 91-230, title VI, Sec. 615, as added Pub. L. 105-17, title

I, Sec. 101, June 4, 1997, 111 Stat. 88; amended Pub. L. 106-25,

Sec. 6(a), Apr. 29, 1999, 113 Stat. 49.)

-REFTEXT-

REFERENCES IN TEXT

The Federal Rules of Civil Procedure, referred to in subsec.

(i)(3)(D)(i)(I), are set out in the Appendix to Title 28, Judiciary

and Judicial Procedure.

The Controlled Substances Act, referred to in subsec.

(k)(10)(B)(ii), is title II of Pub. L. 91-513, Oct. 27, 1970, 84

Stat. 1242, as amended, which is classified principally to

subchapter I (Sec. 801 et seq.) of chapter 13 of Title 21, Food and

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

Short Title note set out under section 801 of Title 21 and Tables.

The Americans with Disabilities Act of 1990, referred to in

subsec. (l), is Pub. L. 101-336, July 26, 1990, 104 Stat. 327, as

amended, which is classified principally to chapter 126 (Sec. 12101

et seq.) of Title 42, The Public Health and Welfare. For complete

classification of this Act to the Code, see Short Title note set

out under section 12101 of Title 42 and Tables.

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

Pub. L. 93-112, Sept. 26, 1973, 87 Stat. 355, as amended. Title V

of the Act is classified generally to subchapter V (Sec. 790 et

seq.) of chapter 16 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-

PRIOR PROVISIONS

A prior section 1415, Pub. L. 91-230, title VI, Sec. 615, as

added Pub. L. 94-142, Sec. 5(a), Nov. 29, 1975, 89 Stat. 788;

amended Pub. L. 99-372, Sec. 2, 3, Aug. 5, 1986, 100 Stat. 796,

797; Pub. L. 100-630, title I, Sec. 102(e), Nov. 7, 1988, 102 Stat.

3294; Pub. L. 101-476, title IX, Sec. 901(b)(71)-(75), Oct. 30,

1990, 104 Stat. 1145; Pub. L. 102-119, Sec. 25(b), Oct. 7, 1991,

105 Stat. 607; Pub. L. 103-382, title III, Sec. 314(a)(1), Oct. 20,

1994, 108 Stat. 3936, related to procedural safeguards, prior to

the general amendment of subchapters I to IV of this chapter by

Pub. L. 105-17.

AMENDMENTS

1999 - Subsec. (k)(1)(A)(ii)(I). Pub. L. 106-25 amended subcl.

(I) generally. Prior to amendment, subcl. (I) read as follows:

''the child carries a weapon to school or to a school function

under the jurisdiction of a State or a local educational agency;

or''.

EFFECTIVE DATE OF 1999 AMENDMENT

Pub. L. 106-25, Sec. 6(b), Apr. 29, 1999, 113 Stat. 49, provided

that: ''The amendment made by subsection (a) (amending this

section) shall apply to conduct occurring not earlier than the date

of the enactment of this Act (Apr. 29, 1999).''

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1401, 1411, 1412, 1413,

1414, 1418, 1419, 1439, 1481, 1482, 4304 of this title.

-CITE-

20 USC Sec. 1416 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 33 - EDUCATION OF INDIVIDUALS WITH DISABILITIES

SUBCHAPTER II - ASSISTANCE FOR EDUCATION OF ALL CHILDREN WITH

DISABILITIES

-HEAD-

Sec. 1416. Withholding and judicial review

-STATUTE-

(a) Withholding of payments

(1) In general

Whenever the Secretary, after reasonable notice and opportunity

for hearing to the State educational agency involved (and to any

local educational agency or State agency affected by any failure

described in subparagraph (B)), finds -

(A) that there has been a failure by the State to comply

substantially with any provision of this subchapter; or

(B) that there is a failure to comply with any condition of a

local educational agency's or State agency's eligibility under

this subchapter, including the terms of any agreement to

achieve compliance with this subchapter within the timelines

specified in the agreement;

the Secretary shall, after notifying the State educational

agency, withhold, in whole or in part, any further payments to

the State under this subchapter, or refer the matter for

appropriate enforcement action, which may include referral to the

Department of Justice.

(2) Nature of withholding

If the Secretary withholds further payments under paragraph

(1), the Secretary may determine that such withholding will be

limited to programs or projects, or portions thereof, affected by

the failure, or that the State educational agency shall not make

further payments under this subchapter to specified local

educational agencies or State agencies affected by the failure.

Until the Secretary is satisfied that there is no longer any

failure to comply with the provisions of this subchapter, as

specified in subparagraph (A) or (B) of paragraph (1), payments

to the State under this subchapter shall be withheld in whole or

in part, or payments by the State educational agency under this

subchapter shall be limited to local educational agencies and

State agencies whose actions did not cause or were not involved

in the failure, as the case may be. Any State educational

agency, State agency, or local educational agency that has

received notice under paragraph (1) shall, by means of a public

notice, take such measures as may be necessary to bring the

pendency of an action pursuant to this subsection to the

attention of the public within the jurisdiction of such agency.

(b) Judicial review

(1) In general

If any State is dissatisfied with the Secretary's final action

with respect to the eligibility of the State under section 1412

of this title, such State may, not later than 60 days after

notice of such action, file with the United States court of

appeals for the circuit in which such State is located a petition

for review of that action. A copy of the petition shall be

forthwith transmitted by the clerk of the court to the Secretary.

The Secretary thereupon shall file in the court the record of the

proceedings upon which the Secretary's action was based, as

provided in section 2112 of title 28.

(2) Jurisdiction; review by United States Supreme Court

Upon the filing of such petition, the court shall have

jurisdiction to affirm the action of the Secretary or to set it

aside, in whole or in part. The judgment of the court shall be

subject to review by the Supreme Court of the United States upon

certiorari or certification as provided in section 1254 of title

28.

(3) Standard of review

The findings of fact by the Secretary, if supported by

substantial evidence, shall be conclusive, but the court, for

good cause shown, may remand the case to the Secretary to take

further evidence, and the Secretary may thereupon make new or

modified findings of fact and may modify the Secretary's previous

action, and shall file in the court the record of the further

proceedings. Such new or modified findings of fact shall

likewise be conclusive if supported by substantial evidence.

For purposes of this section, where responsibility for ensuring

that the requirements of this subchapter are met with respect to

children with disabilities who are convicted as adults under State

law and incarcerated in adult prisons is assigned to a public

agency other than the State educational agency pursuant to section

1412(a)(11)(C) of this title, the Secretary, in instances where the

Secretary finds that the failure to comply substantially with the

provisions of this subchapter are related to a failure by the

public agency, shall take appropriate corrective action to ensure

compliance with this subchapter, except -

(1) any reduction or withholding of payments to the State is

proportionate to the total funds allotted under section 1411 of

this title to the State as the number of eligible children with

disabilities in adult prisons under the supervision of the other

public agency is proportionate to the number of eligible

individuals with disabilities in the State under the supervision

of the State educational agency; and

(2) any withholding of funds under paragraph (1) shall be

limited to the specific agency responsible for the failure to

comply with this subchapter.

-SOURCE-

(Pub. L. 91-230, title VI, Sec. 616, as added Pub. L. 105-17, title

I, Sec. 101, June 4, 1997, 111 Stat. 99.)

-MISC1-

PRIOR PROVISIONS

A prior section 1416, Pub. L. 91-230, title VI, Sec. 616, as

added Pub. L. 94-142, Sec. 5(a), Nov. 29, 1975, 89 Stat. 789;

amended Pub. L. 98-199, Sec. 3(b), Dec. 2, 1983, 97 Stat. 1358;

Pub. L. 100-630, title I, Sec. 102(f), Nov. 7, 1988, 102 Stat.

3294; Pub. L. 101-476, title IX, Sec. 901(b)(76), Oct. 30, 1990,

104 Stat. 1145; Pub. L. 102-119, Sec. 25(b), Oct. 7, 1991, 105

Stat. 607, related to withholding of payments, prior to the general

amendment of subchapters I to IV of this chapter by Pub. L. 105-17.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1411, 1442 of this title.

-CITE-

20 USC Sec. 1417 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 33 - EDUCATION OF INDIVIDUALS WITH DISABILITIES

SUBCHAPTER II - ASSISTANCE FOR EDUCATION OF ALL CHILDREN WITH

DISABILITIES

-HEAD-

Sec. 1417. Administration

-STATUTE-

(a) Responsibilities of Secretary

In carrying out this subchapter, the Secretary shall -

(1) cooperate with, and (directly or by grant or contract)

furnish technical assistance necessary to, the State in matters

relating to -

(A) the education of children with disabilities; and

(B) carrying out this subchapter; and

(2) provide short-term training programs and institutes.

(b) Rules and regulations

In carrying out the provisions of this subchapter, the Secretary

shall issue regulations under this chapter only to the extent that

such regulations are necessary to ensure that there is compliance

with the specific requirements of this chapter.

The Secretary shall take appropriate action, in accordance with

the provisions of section 1232g of this title, to assure the

protection of the confidentiality of any personally identifiable

data, information, and records collected or maintained by the

Secretary and by State and local educational agencies pursuant to

the provisions of this subchapter.

(d) Personnel

The Secretary is authorized to hire qualified personnel necessary

to carry out the Secretary's duties under subsection (a) of this

section and under sections 1418, 1461, and 1473 of this title (or

their predecessor authorities through October 1, 1997) without

regard to the provisions of title 5 relating to appointments in the

competitive service and without regard to chapter 51 and subchapter

III of chapter 53 of such title relating to classification and

general schedule pay rates, except that no more than twenty such

personnel shall be employed at any time.

-SOURCE-

(Pub. L. 91-230, title VI, Sec. 617, as added Pub. L. 105-17, title

I, Sec. 101, June 4, 1997, 111 Stat. 100.)

-REFTEXT-

REFERENCES IN TEXT

The provisions of title 5 relating to appointments in the

competitive service, referred to in subsec. (d), are classified

generally to section 3301 et seq. of Title 5, Government

Organization and Employees.

-MISC2-

PRIOR PROVISIONS

A prior section 1417, Pub. L. 91-230, title VI, Sec. 617, as

added Pub. L. 94-142, Sec. 5(a), Nov. 29, 1975, 89 Stat. 791;

amended Pub. L. 98-199, Sec. 3(b), Dec. 2, 1983, 97 Stat. 1358;

Pub. L. 100-630, title I, Sec. 102(g), Nov. 7, 1988, 102 Stat.

3295; Pub. L. 101-476, title IX, Sec. 901(b)(77), (78), Oct. 30,

1990, 104 Stat. 1145; Pub. L. 102-119, Sec. 25(a)(7), (b), Oct. 7,

1991, 105 Stat. 606, 607, related to Secretary's administrative

duties, prior to the general amendment of subchapters I to IV of

this chapter by Pub. L. 105-17.

EFFECTIVE DATE

Section effective Oct. 1, 1997, see section 201(a)(2)(B) of Pub.

L. 105-17, set out as a note under section 1400 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1412, 1415, 1442 of this

title.

-CITE-

20 USC Sec. 1418 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 33 - EDUCATION OF INDIVIDUALS WITH DISABILITIES

SUBCHAPTER II - ASSISTANCE FOR EDUCATION OF ALL CHILDREN WITH

DISABILITIES

-HEAD-

Sec. 1418. Program information

-STATUTE-

(a) In general

Each State that receives assistance under this subchapter, and

the Secretary of the Interior, shall provide data each year to the

Secretary -

(1)(A) on -

(i) the number of children with disabilities, by race,

ethnicity, and disability category, who are receiving a free

appropriate public education;

(ii) the number of children with disabilities, by race and

ethnicity, who are receiving early intervention services;

(iii) the number of children with disabilities, by race,

ethnicity, and disability category, who are participating in

regular education;

(iv) the number of children with disabilities, by race,

ethnicity, and disability category, who are in separate

classes, separate schools or facilities, or public or private

residential facilities;

(v) the number of children with disabilities, by race,

ethnicity, and disability category, who, for each year of age

from age 14 to 21, stopped receiving special education and

related services because of program completion or other reasons

and the reasons why those children stopped receiving special

education and related services;

(vi) the number of children with disabilities, by race and

ethnicity, who, from birth through age 2, stopped receiving

early intervention services because of program completion or

for other reasons; and

(vii)(I) the number of children with disabilities, by race,

ethnicity, and disability category, who under subparagraphs

(A)(ii) and (B) of section 1415(k)(1) of this title, are

removed to an interim alternative educational setting;

(II) the acts or items precipitating those removals; and

(III) the number of children with disabilities who are

subject to long-term suspensions or expulsions; and

(B) on the number of infants and toddlers, by race and

ethnicity, who are at risk of having substantial developmental

delays (as described in section 1432 of this title), and who are

receiving early intervention services under subchapter III of

this chapter; and

(2) on any other information that may be required by the

Secretary.

(b) Sampling

The Secretary may permit States and the Secretary of the Interior

to obtain the data described in subsection (a) of this section

through sampling.

(1) In general

Each State that receives assistance under this subchapter, and

the Secretary of the Interior, shall provide for the collection

and examination of data to determine if significant

disproportionality based on race is occurring in the State with

respect to -

(A) the identification of children as children with

disabilities, including the identification of children as

children with disabilities in accordance with a particular

impairment described in section 1401(3) of this title; and

(B) the placement in particular educational settings of such

children.

(2) Review and revision of policies, practices, and procedures

In the case of a determination of significant

disproportionality with respect to the identification of children

as children with disabilities, or the placement in particular

educational settings of such children, in accordance with

paragraph (1), the State or the Secretary of the Interior, as the

case may be, shall provide for the review and, if appropriate,

revision of the policies, procedures, and practices used in such

identification or placement to ensure that such policies,

procedures, and practices comply with the requirements of this

chapter.

-SOURCE-

(Pub. L. 91-230, title VI, Sec. 618, as added Pub. L. 105-17, title

I, Sec. 101, June 4, 1997, 111 Stat. 101.)

-MISC1-

PRIOR PROVISIONS

A prior section 1418, Pub. L. 91-230, title VI, Sec. 618, as

added Pub. L. 94-142, Sec. 5(a), Nov. 29, 1975, 89 Stat. 791;

amended Pub. L. 98-199, Sec. 3(b), 8, Dec. 2, 1983, 97 Stat. 1358,

1360; Pub. L. 99-457, title IV, Sec. 406, Oct. 8, 1986, 100 Stat.

1174; Pub. L. 100-630, title I, Sec. 102(h), Nov. 7, 1988, 102

Stat. 3295; Pub. L. 101-476, title II, Sec. 203, Oct. 30, 1990, 104

Stat. 1112, related to evaluation and program information, prior to

the general amendment of subchapters I to IV of this chapter by

Pub. L. 105-17.

EFFECTIVE DATE

Section effective July 1, 1998, see section 201(a)(2)(A) of Pub.

L. 105-17, set out as a note under section 1400 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1411, 1412, 1417, 1435,

1442, 1474, 4304 of this title; title 42 section 6022.

-CITE-

20 USC Sec. 1419 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 33 - EDUCATION OF INDIVIDUALS WITH DISABILITIES

SUBCHAPTER II - ASSISTANCE FOR EDUCATION OF ALL CHILDREN WITH

DISABILITIES

-HEAD-

Sec. 1419. Preschool grants

-STATUTE-

(a) In general

The Secretary shall provide grants under this section to assist

States to provide special education and related services, in

accordance with this subchapter -

(1) to children with disabilities aged 3 through 5, inclusive;

and

(2) at the State's discretion, to 2-year-old children with

disabilities who will turn 3 during the school year.

(b) Eligibility

A State shall be eligible for a grant under this section if such

State -

(1) is eligible under section 1412 of this title to receive a

grant under this subchapter; and

(2) makes a free appropriate public education available to all

children with disabilities, aged 3 through 5, residing in the

State.

(1) In general

After reserving funds for studies and evaluations under section

1474(e) of this title, the Secretary shall allocate the remaining

amount among the States in accordance with paragraph (2) or (3),

as the case may be.

(2) Increase in funds

If the amount available for allocations to States under

paragraph (1) is equal to or greater than the amount allocated to

the States under this section for the preceding fiscal year,

those allocations shall be calculated as follows:

(A)(i) Except as provided in subparagraph (B), the Secretary

shall -

(I) allocate to each State the amount it received for

fiscal year 1997;

(II) allocate 85 percent of any remaining funds to States

on the basis of their relative populations of children aged 3

through 5; and

(III) allocate 15 percent of those remaining funds to

States on the basis of their relative populations of all

children aged 3 through 5 who are living in poverty.

(ii) For the purpose of making grants under this paragraph,

the Secretary shall use the most recent population data,

including data on children living in poverty, that are

available and satisfactory to the Secretary.

(B) Notwithstanding subparagraph (A), allocations under this

paragraph shall be subject to the following:

(i) No State's allocation shall be less than its allocation

for the preceding fiscal year.

(ii) No State's allocation shall be less than the greatest

of -

(I) the sum of -

(aa) the amount it received for fiscal year 1997; and

(bb) one third of one percent of the amount by which

the amount appropriated under subsection (j) of this

section exceeds the amount appropriated under this

section for fiscal year 1997;

(II) the sum of -

(aa) the amount it received for the preceding fiscal

year; and

(bb) that amount multiplied by the percentage by which

the increase in the funds appropriated from the preceding

fiscal year exceeds 1.5 percent; or

(III) the sum of -

(aa) the amount it received for the preceding fiscal

year; and

(bb) that amount multiplied by 90 percent of the

percentage increase in the amount appropriated from the

preceding fiscal year.

(iii) Notwithstanding clause (ii), no State's allocation

under this paragraph shall exceed the sum of -

(I) the amount it received for the preceding fiscal year;

and

(II) that amount multiplied by the sum of 1.5 percent and

the percentage increase in the amount appropriated.

paragraph is insufficient to pay those allocations in full,

those allocations shall be ratably reduced, subject to

subparagraph (B)(i).

(3) Decrease in funds

If the amount available for allocations to States under

paragraph (1) is less than the amount allocated to the States

under this section for the preceding fiscal year, those

allocations shall be calculated as follows:

(A) If the amount available for allocations is greater than

the amount allocated to the States for fiscal year 1997, each

State shall be allocated the sum of -

(i) the amount it received for fiscal year 1997; and

(ii) an amount that bears the same relation to any

remaining funds as the increase the State received for the

preceding fiscal year over fiscal year 1997 bears to the

total of all such increases for all States.

(B) If the amount available for allocations is equal to or

less than the amount allocated to the States for fiscal year

1997, each State shall be allocated the amount it received for

that year, ratably reduced, if necessary.

(4) Outlying areas

The Secretary shall increase the fiscal year 1998 allotment of

each outlying area under section 1411 of this title by at least

the amount that that area received under this section for fiscal

year 1997.

(d) Reservation for State activities

(1) In general

Each State may retain not more than the amount described in

paragraph (2) for administration and other State-level activities

in accordance with subsections (e) and (f) of this section.

(2) Amount described

For each fiscal year, the Secretary shall determine and report

to the State educational agency an amount that is 25 percent of

the amount the State received under this section for fiscal year

1997, cumulatively adjusted by the Secretary for each succeeding

fiscal year by the lesser of -

(A) the percentage increase, if any, from the preceding

fiscal year in the State's allocation under this section; or

(B) the percentage increase, if any, from the preceding

fiscal year in the Consumer Price Index For All Urban Consumers

published by the Bureau of Labor Statistics of the Department

of Labor.

(e) State administration

(1) In general

For the purpose of administering this section (including the

coordination of activities under this subchapter with, and

providing technical assistance to, other programs that provide

services to children with disabilities) a State may use not more

than 20 percent of the maximum amount it may retain under

subsection (d) of this section for any fiscal year.

(2) Administration of subchapter III

Funds described in paragraph (1) may also be used for the

administration of subchapter III of this chapter, if the State

educational agency is the lead agency for the State under that

subchapter.

(f) Other State-level activities

Each State shall use any funds it retains under subsection (d) of

this section and does not use for administration under subsection

(e) of this section -

(1) for support services (including establishing and

implementing the mediation process required by section 1415(e) of

this title), which may benefit children with disabilities younger

than 3 or older than 5 as long as those services also benefit

children with disabilities aged 3 through 5;

(2) for direct services for children eligible for services

under this section;

(3) to develop a State improvement plan under part A of

subchapter IV of this chapter;

(4) for activities at the State and local levels to meet the

performance goals established by the State under section

1412(a)(16) of this title and to support implementation of the

State improvement plan under part A of subchapter IV of this

chapter if the State receives funds under that part; or

(5) to supplement other funds used to develop and implement a

Statewide coordinated services system designed to improve results

for children and families, including children with disabilities

and their families, but not to exceed one percent of the amount

received by the State under this section for a fiscal year.

(g) Subgrants to local educational agencies

(1) Subgrants required

Each State that receives a grant under this section for any

fiscal year shall distribute any of the grant funds that it does

not reserve under subsection (d) of this section to local

educational agencies in the State that have established their

eligibility under section 1413 of this title, as follows:

(A) Base payments

The State shall first award each agency described in

paragraph (1) the amount that agency would have received under

this section for fiscal year 1997 if the State had distributed

75 percent of its grant for that year under section 619(c)(3),

as then in effect.

(B) Allocation of remaining funds

After making allocations under subparagraph (A), the State

shall -

(i) allocate 85 percent of any remaining funds to those

agencies on the basis of the relative numbers of children

enrolled in public and private elementary and secondary

schools within the agency's jurisdiction; and

(ii) allocate 15 percent of those remaining funds to those

agencies in accordance with their relative numbers of

children living in poverty, as determined by the State

educational agency.

(2) Reallocation of funds

If a State educational agency determines that a local

educational agency is adequately providing a free appropriate

public education to all children with disabilities aged 3 through

5 residing in the area served by that agency with State and local

funds, the State educational agency may reallocate any portion of

the funds under this section that are not needed by that local

agency to provide a free appropriate public education to other

local educational agencies in the State that are not adequately

providing special education and related services to all children

with disabilities aged 3 through 5 residing in the areas they

serve.

(h) Subchapter III inapplicable

Subchapter III of this chapter does not apply to any child with a

disability receiving a free appropriate public education, in

accordance with this subchapter, with funds received under this

section.

(i) ''State'' defined

For the purpose of this section, the term ''State'' means each of

the 50 States, the District of Columbia, and the Commonwealth of

Puerto Rico.

(j) Authorization of appropriations

For the purpose of carrying out this section, there are

authorized to be appropriated to the Secretary $500,000,000 for

fiscal year 1998 and such sums as may be necessary for each

subsequent fiscal year.

-SOURCE-

(Pub. L. 91-230, title VI, Sec. 619, as added Pub. L. 105-17, title

I, Sec. 101, June 4, 1997, 111 Stat. 102.)

-REFTEXT-

REFERENCES IN TEXT

Section 619(c)(3), as then in effect, referred to in subsec.

(g)(1)(A), means section 619 of Pub. L. 91-230, title VI, as added

by Pub. L. 94-142, Sec. 5(a), Nov. 29, 1975, 89 Stat. 793, as

amended, which was classified to this section prior to the general

amendment of subchapters I to IV of this chapter by Pub. L. 105-17,

title I, Sec. 101, June 4, 1997, 111 Stat. 37.

-MISC2-

PRIOR PROVISIONS

A prior section 1419, Pub. L. 91-230, title VI, Sec. 619, as

added Pub. L. 94-142, Sec. 5(a), Nov. 29, 1975, 89 Stat. 793;

amended Pub. L. 98-199, Sec. 3(b), 9, Dec. 2, 1983, 97 Stat. 1358,

1363; Pub. L. 99-457, title II, Sec. 201(a), Oct. 8, 1986, 100

Stat. 1155; Pub. L. 100-630, title I, Sec. 102(i), Nov. 7, 1988,

102 Stat. 3296; Pub. L. 101-476, title IX, Sec. 901(b)(79)-(93),

Oct. 30, 1990, 104 Stat. 1145, 1146; Pub. L. 102-119, Sec. 7,

25(b), Oct. 7, 1991, 105 Stat. 591, 607, related to preschool

grants, prior to the general amendment of subchapters I to IV of

this chapter by Pub. L. 105-17.

A prior section 1420, Pub. L. 91-230, title VI, Sec. 620, as

added Pub. L. 94-142, Sec. 5(a), Nov. 29, 1975, 89 Stat. 793;

amended Pub. L. 98-199, Sec. 3(b), Dec. 2, 1983, 97 Stat. 1358,

which related to payments to States and distribution by States to

local educational agencies and intermediate educational units, was

omitted in the general amendment of subchapters I to IV of this

chapter by Pub. L. 105-17.

Prior sections 1421 to 1427, which comprised former subchapter

III of this chapter, were repealed by Pub. L. 105-17, title II,

Sec. 203(c), June 4, 1997, 111 Stat. 157, effective Oct. 1, 1997.

Section 1421, Pub. L. 91-230, title VI, Sec. 621, Apr. 13, 1970,

84 Stat. 181; Pub. L. 98-199, Sec. 3(b), 10, Dec. 2, 1983, 97 Stat.

1358, 1363; Pub. L. 99-457, title III, Sec. 301, Oct. 8, 1986, 100

Stat. 1159; Pub. L. 100-630, title I, Sec. 103(b), Nov. 7, 1988,

102 Stat. 3296; Pub. L. 101-476, title III, Sec. 301, title IX,

Sec. 901(b)(95)-(99), Oct. 30, 1990, 104 Stat. 1117, 1146; Pub. L.

102-119, Sec. 25(b), Oct. 7, 1991, 105 Stat. 607, related to

establishment and operation of regional and Federal resource

centers.

Section 1422, Pub. L. 91-230, title VI, Sec. 622, Apr. 13, 1970,

84 Stat. 182; Pub. L. 98-199, Sec. 3(b), 10, Dec. 2, 1983, 97 Stat.

1358, 1364; Pub. L. 99-457, title III, Sec. 302, Oct. 8, 1986, 100

Stat. 1160; Pub. L. 100-630, title I, Sec. 103(c), Nov. 7, 1988,

102 Stat. 3297; Pub. L. 101-476, title III, Sec. 302, Oct. 30,

1990, 104 Stat. 1118; Pub. L. 102-119, Sec. 25(a)(8), Oct. 7, 1991,

105 Stat. 606; Pub. L. 103-382, title III, Sec. 391(f)(3), Oct. 20,

1994, 108 Stat. 4023, related to services for deaf-blind children

and youth.

Section 1423, Pub. L. 91-230, title VI, Sec. 623, Apr. 13, 1970,

84 Stat. 183; Pub. L. 98-199, Sec. 3(b), 10, Dec. 2, 1983, 97 Stat.

1358, 1365; Pub. L. 99-457, title III, Sec. 303, Oct. 8, 1986, 100

Stat. 1161; Pub. L. 100-630, title I, Sec. 103(d), Nov. 7, 1988,

102 Stat. 3297; Pub. L. 101-476, title III, Sec. 303, title IX,

Sec. 901(b)(100)-(106), Oct. 30, 1990, 104 Stat. 1121, 1146, 1147;

Pub. L. 102-119, Sec. 8, 25(a)(9), (b), Oct. 7, 1991, 105 Stat.

592, 606, 607, related to early education for children with

disabilities.

Section 1424, Pub. L. 91-230, title VI, Sec. 624, Apr. 13, 1970,

84 Stat. 183; Pub. L. 98-199, Sec. 3(b), 10, Dec. 2, 1983, 97 Stat.

1358, 1366; Pub. L. 99-457, title III, Sec. 304, Oct. 8, 1986, 100

Stat. 1162; Pub. L. 100-630, title I, Sec. 103(e), Nov. 7, 1988,

102 Stat. 3297; Pub. L. 101-476, title III, Sec. 304, title IX,

Sec. 901(b)(107)-(110), Oct. 30, 1990, 104 Stat. 1122, 1147; Pub.

L. 102-119, Sec. 25(a)(10), (b), Oct. 7, 1991, 105 Stat. 606, 607,

related to programs for children with severe disabilities.

Section 1424a, Pub. L. 91-230, title VI, Sec. 625, as added Pub.

L. 93-380, title VI, Sec. 616, Aug. 21, 1974, 88 Stat. 584; amended

Pub. L. 98-199, Sec. 3(b), 10, Dec. 2, 1983, 97 Stat. 1358, 1367;

Pub. L. 99-457, title III, Sec. 305, Oct. 8, 1986, 100 Stat. 1162;

Pub. L. 100-630, title I, Sec. 103(f), Nov. 7, 1988, 102 Stat.

3297; Pub. L. 101-476, title III, Sec. 305, title IX, Sec.

901(b)(111)-(118), Oct. 30, 1990, 104 Stat. 1123, 1147; Pub. L.

102-119, Sec. 25(b), Oct. 7, 1991, 105 Stat. 607; Pub. L. 102-421,

title II, Sec. 201(a), Oct. 16, 1992, 106 Stat. 2164, related to

programs of postsecondary, vocational, technical, continuing, or

adult education for individuals with disabilities.

Section 1425, Pub. L. 91-230, title VI, Sec. 626, formerly Sec.

625, Apr. 13, 1970, 84 Stat. 183, renumbered Sec. 626, Pub. L.

93-380, title VI, Sec. 616, Aug. 21, 1974, 88 Stat. 584; amended

Pub. L. 98-199, Sec. 3(b), 10, Dec. 2, 1983, 97 Stat. 1358, 1367;

Pub. L. 99-457, title III, Sec. 306, Oct. 8, 1986, 100 Stat. 1163;

Pub. L. 100-630, title I, Sec. 103(g), Nov. 7, 1988, 102 Stat.

3298; Pub. L. 101-476, title III, Sec. 306, title IX, Sec.

901(b)(119)-(127), Oct. 30, 1990, 104 Stat. 1124, 1147, 1148; Pub.

L. 102-119, Sec. 25(a)(11), (b), Oct. 7, 1991, 105 Stat. 606, 607,

related to secondary education and transitional services for youth

with disabilities.

Section 1426, Pub. L. 91-230, title VI, Sec. 627, formerly Sec.

626, Apr. 13, 1970, 84 Stat. 184, renumbered Sec. 627 and amended

Pub. L. 93-380, title VI, Sec. 616, 617, Aug. 21, 1974, 88 Stat.

584; Pub. L. 95-49, Sec. 2, June 17, 1977, 91 Stat. 230; Pub. L.

98-199, Sec. 10, Dec. 2, 1983, 97 Stat. 1368; Pub. L. 101-476,

title III, Sec. 307, Oct. 30, 1990, 104 Stat. 1127, related to

programs for children and youth with serious emotional disturbance.

Section 1427, Pub. L. 91-230, title VI, Sec. 628, as added Pub.

L. 98-199, Sec. 10, Dec. 2, 1983, 97 Stat. 1368; amended Pub. L.

99-457, title III, Sec. 307, Oct. 8, 1986, 100 Stat. 1165; Pub. L.

101-476, title III, Sec. 308, Oct. 30, 1990, 104 Stat. 1128,

authorized appropriations.

EFFECTIVE DATE

Section effective beginning with funds appropriated for fiscal

year 1998, see section 201(a)(2)(D) of Pub. L. 105-17, set out as a

note under section 1400 of this title.

PRESCHOOL GRANTS

Section 110 of Pub. L. 100-630, as amended by Pub. L. 101-476,

title IX, Sec. 901(a)(3), Oct. 30, 1990, 104 Stat. 1142, provided

that: ''The provisions of section 300.300(b)(3) of title 34, Code

of Federal Regulations, shall not apply with respect to children

aged 3 through 5, inclusive, in any State for any fiscal year for

which the State receives a grant under section 619(a)(1) of the

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

1419(a)(1)).''

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1411, 1453, 1461 of this

title; title 42 sections 9835, 9836, 9837.

-CITE-

20 USC SUBCHAPTER III - INFANTS AND TODDLERS WITH

DISABILITIES 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 33 - EDUCATION OF INDIVIDUALS WITH DISABILITIES

SUBCHAPTER III - INFANTS AND TODDLERS WITH DISABILITIES

-HEAD-

SUBCHAPTER III - INFANTS AND TODDLERS WITH DISABILITIES

-SECREF-

SUBCHAPTER REFERRED TO IN OTHER SECTIONS

This subchapter is referred to in sections 1406, 1411, 1412,

1418, 1419, 1452, 1454, 1461, 1473, 1474, 1481, 1482 of this title;

title 42 sections 247b-4a, 280g-1, 9835, 9836, 9837, 15025.

-CITE-

20 USC Sec. 1431 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 33 - EDUCATION OF INDIVIDUALS WITH DISABILITIES

SUBCHAPTER III - INFANTS AND TODDLERS WITH DISABILITIES

-HEAD-

Sec. 1431. Findings and policy

-STATUTE-

(a) Findings

The Congress finds that there is an urgent and substantial need -

(1) to enhance the development of infants and toddlers with

disabilities and to minimize their potential for developmental

delay;

(2) to reduce the educational costs to our society, including

our Nation's schools, by minimizing the need for special

education and related services after infants and toddlers with

disabilities reach school age;

(3) to minimize the likelihood of institutionalization of

individuals with disabilities and maximize the potential for

their independently living in society;

(4) to enhance the capacity of families to meet the special

needs of their infants and toddlers with disabilities; and

(5) to enhance the capacity of State and local agencies and

service providers to identify, evaluate, and meet the needs of

historically underrepresented populations, particularly minority,

low-income, inner-city, and rural populations.

(b) Policy

It is therefore the policy of the United States to provide

financial assistance to States -

(1) to develop and implement a statewide, comprehensive,

coordinated, multidisciplinary, interagency system that provides

early intervention services for infants and toddlers with

disabilities and their families;

(2) to facilitate the coordination of payment for early

intervention services from Federal, State, local, and private

sources (including public and private insurance coverage);

(3) to enhance their capacity to provide quality early

intervention services and expand and improve existing early

intervention services being provided to infants and toddlers with

disabilities and their families; and

(4) to encourage States to expand opportunities for children

under 3 years of age who would be at risk of having substantial

developmental delay if they did not receive early intervention

services.

-SOURCE-

(Pub. L. 91-230, title VI, Sec. 631, as added Pub. L. 105-17, title

I, Sec. 101, June 4, 1997, 111 Stat. 106.)

-MISC1-

PRIOR PROVISIONS

A prior section 1431, Pub. L. 91-230, title VI, Sec. 631, Apr.

13, 1970, 84 Stat. 184; Pub. L. 98-199, Sec. 3(b), 11, Dec. 2,

1983, 97 Stat. 1358, 1369; Pub. L. 99-457, title III, Sec. 308,

Oct. 8, 1986, 100 Stat. 1165; Pub. L. 100-630, title I, Sec.

104(b), Nov. 7, 1988, 102 Stat. 3298; Pub. L. 101-476, title IV,

Sec. 401, title IX, Sec. 901(b)(129)-(142), Oct. 30, 1990, 104

Stat. 1129, 1148; Pub. L. 102-119, Sec. 9(a), (b), 25(a)(12), (b),

Oct. 7, 1991, 105 Stat. 593, 594, 606, 607; Pub. L. 102-421, title

II, Sec. 202, Oct. 16, 1992, 106 Stat. 2165; Pub. L. 102-569, title

IX, Sec. 912(a), Oct. 29, 1992, 106 Stat. 4486; Pub. L. 103-73,

title III, Sec. 302, Aug. 11, 1993, 107 Stat. 736; Pub. L. 103-218,

title IV, Sec. 401, Mar. 9, 1994, 108 Stat. 95, related to grants

for personnel training, prior to the general amendment of

subchapters I to IV of this chapter by Pub. L. 105-17.

EFFECTIVE DATE

Section 201(b) of Pub. L. 105-17 provided that: ''Part C of the

Individuals with Disabilities Education Act (20 U.S.C. 1431-1445),

as amended by title I, shall take effect on July 1, 1998.''

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in title 42 section 9859.

-CITE-

20 USC Sec. 1432 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 33 - EDUCATION OF INDIVIDUALS WITH DISABILITIES

SUBCHAPTER III - INFANTS AND TODDLERS WITH DISABILITIES

-HEAD-

Sec. 1432. Definitions

-STATUTE-

As used in this subchapter:

(1) At-risk infant or toddler

The term ''at-risk infant or toddler'' means an individual

under 3 years of age who would be at risk of experiencing a

substantial developmental delay if early intervention services

were not provided to the individual.

(2) Council

The term ''council'' means a State interagency coordinating

council established under section 1441 of this title.

(3) Developmental delay

The term ''developmental delay'', when used with respect to an

individual residing in a State, has the meaning given such term

by the State under section 1435(a)(1) of this title.

(4) Early intervention services

The term ''early intervention services'' means developmental

services that -

(A) are provided under public supervision;

(B) are provided at no cost except where Federal or State law

provides for a system of payments by families, including a

schedule of sliding fees;

or toddler with a disability in any one or more of the

following areas -

(i) physical development;

(ii) cognitive development;

(iii) communication development;

(iv) social or emotional development; or

(v) adaptive development;

(D) meet the standards of the State in which they are

provided, including the requirements of this subchapter;

(E) include -

(i) family training, counseling, and home visits;

(ii) special instruction;

(iii) speech-language pathology and audiology services;

(iv) occupational therapy;

(v) physical therapy;

(vi) psychological services;

(vii) service coordination services;

(viii) medical services only for diagnostic or evaluation

purposes;

(ix) early identification, screening, and assessment

services;

(x) health services necessary to enable the infant or

toddler to benefit from the other early intervention

services;

(xi) social work services;

(xii) vision services;

(xiii) assistive technology devices and assistive

technology services; and

(xiv) transportation and related costs that are necessary

to enable an infant or toddler and the infant's or toddler's

family to receive another service described in this

paragraph;

(F) are provided by qualified personnel, including -

(i) special educators;

(ii) speech-language pathologists and audiologists;

(iii) occupational therapists;

(iv) physical therapists;

(v) psychologists;

(vi) social workers;

(vii) nurses;

(viii) nutritionists;

(ix) family therapists;

(x) orientation and mobility specialists; and

(xi) pediatricians and other physicians;

(G) to the maximum extent appropriate, are provided in

natural environments, including the home, and community

settings in which children without disabilities participate;

and

(H) are provided in conformity with an individualized family

service plan adopted in accordance with section 1436 of this

title.

(5) Infant or toddler with a disability

The term ''infant or toddler with a disability'' -

(A) means an individual under 3 years of age who needs early

intervention services because the individual -

(i) is experiencing developmental delays, as measured by

appropriate diagnostic instruments and procedures in one or

more of the areas of cognitive development, physical

development, communication development, social or emotional

development, and adaptive development; or

(ii) has a diagnosed physical or mental condition which has

a high probability of resulting in developmental delay; and

(B) may also include, at a State's discretion, at-risk

infants and toddlers.

-SOURCE-

(Pub. L. 91-230, title VI, Sec. 632, as added Pub. L. 105-17, title

I, Sec. 101, June 4, 1997, 111 Stat. 106.)

-MISC1-

PRIOR PROVISIONS

A prior section 1432, Pub. L. 91-230, title VI, Sec. 632, Apr.

13, 1970, 84 Stat. 184; Pub. L. 98-199, Sec. 3(b), 11, Dec. 2,

1983, 97 Stat. 1358, 1371; Pub. L. 99-457, title III, Sec. 309,

Oct. 8, 1986, 100 Stat. 1168; Pub. L. 100-630, title I, Sec.

104(c), Nov. 7, 1988, 102 Stat. 3298; Pub. L. 101-476, title IV,

Sec. 402, title IX, Sec. 901(b)(143), Oct. 30, 1990, 104 Stat.

1132, 1148; Pub. L. 102-119, Sec. 25(b), Oct. 7, 1991, 105 Stat.

607, related to grants to State educational agencies and

institutions for traineeships, prior to the general amendment of

subchapters I to IV of this chapter by Pub. L. 105-17.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1401, 1418 of this title;

title 42 section 9832.

-CITE-

20 USC Sec. 1433 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 33 - EDUCATION OF INDIVIDUALS WITH DISABILITIES

SUBCHAPTER III - INFANTS AND TODDLERS WITH DISABILITIES

-HEAD-

Sec. 1433. General authority

-STATUTE-

The Secretary shall, in accordance with this subchapter, make

grants to States (from their allotments under section 1443 of this

title) to assist each State to maintain and implement a statewide,

comprehensive, coordinated, multidisciplinary, interagency system

to provide early intervention services for infants and toddlers

with disabilities and their families.

-SOURCE-

(Pub. L. 91-230, title VI, Sec. 633, as added Pub. L. 105-17, title

I, Sec. 101, June 4, 1997, 111 Stat. 108.)

-MISC1-

PRIOR PROVISIONS

A prior section 1433, Pub. L. 91-230, title VI, Sec. 633, Apr.

13, 1970, 84 Stat. 184; Pub. L. 98-199, Sec. 3(b), 11, Dec. 2,

1983, 97 Stat. 1358, 1371; Pub. L. 99-457, title III, Sec. 310,

Oct. 8, 1986, 100 Stat. 1168; Pub. L. 100-630, title I, Sec.

104(e), Nov. 7, 1988, 102 Stat. 3299; Pub. L. 101-476, title IV,

Sec. 403, title IX, Sec. 901(b)(144), Oct. 30, 1990, 104 Stat.

1133, 1149; Pub. L. 102-119, Sec. 25(b), Oct. 7, 1991, 105 Stat.

607, related to establishment of national clearinghouses, prior to

the general amendment of subchapters I to IV of this chapter by

Pub. L. 105-17.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1434, 1435, 1436, 1437,

1438 of this title.

-CITE-

20 USC Sec. 1434 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 33 - EDUCATION OF INDIVIDUALS WITH DISABILITIES

SUBCHAPTER III - INFANTS AND TODDLERS WITH DISABILITIES

-HEAD-

Sec. 1434. Eligibility

-STATUTE-

In order to be eligible for a grant under section 1433 of this

title, a State shall demonstrate to the Secretary that the State -

(1) has adopted a policy that appropriate early intervention

services are available to all infants and toddlers with

disabilities in the State and their families, including Indian

infants and toddlers with disabilities and their families

residing on a reservation geographically located in the State;

and

(2) has in effect a statewide system that meets the

requirements of section 1435 of this title.

-SOURCE-

(Pub. L. 91-230, title VI, Sec. 634, as added Pub. L. 105-17, title

I, Sec. 101, June 4, 1997, 111 Stat. 108.)

-MISC1-

PRIOR PROVISIONS

A prior section 1434, Pub. L. 91-230, title VI, Sec. 634, Apr.

13, 1970, 84 Stat. 185; Pub. L. 98-199, Sec. 3(b), 11, Dec. 2,

1983, 97 Stat. 1358, 1372; Pub. L. 101-476, title IV, Sec. 404,

Oct. 30, 1990, 104 Stat. 1135; Pub. L. 102-119, Sec. 9(c)(1), Oct.

7, 1991, 105 Stat. 595, related to reports to Secretary by

recipients of grants and contracts, prior to the general amendment

of subchapters I to IV of this chapter by Pub. L. 105-17.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 1437 of this title.

-CITE-

20 USC Sec. 1435 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 33 - EDUCATION OF INDIVIDUALS WITH DISABILITIES

SUBCHAPTER III - INFANTS AND TODDLERS WITH DISABILITIES

-HEAD-

Sec. 1435. Requirements for statewide system

-STATUTE-

(a) In general

A statewide system described in section 1433 of this title shall

include, at a minimum, the following components:

(1) A definition of the term ''developmental delay'' that will

be used by the State in carrying out programs under this

subchapter.

(2) A State policy that is in effect and that ensures that

appropriate early intervention services are available to all

infants and toddlers with disabilities and their families,

including Indian infants and toddlers and their families residing

on a reservation geographically located in the State.

(3) A timely, comprehensive, multidisciplinary evaluation of

the functioning of each infant or toddler with a disability in

the State, and a family-directed identification of the needs of

each family of such an infant or toddler, to appropriately assist

in the development of the infant or toddler.

(4) For each infant or toddler with a disability in the State,

an individualized family service plan in accordance with section

1436 of this title, including service coordination services in

accordance with such service plan.

(5) A comprehensive child find system, consistent with

subchapter II of this chapter, including a system for making

referrals to service providers that includes timelines and

provides for participation by primary referral sources.

(6) A public awareness program focusing on early identification

of infants and toddlers with disabilities, including the

preparation and dissemination by the lead agency designated or

established under paragraph (10) to all primary referral sources,

especially hospitals and physicians, of information for parents

on the availability of early intervention services, and

procedures for determining the extent to which such sources

disseminate such information to parents of infants and toddlers.

(7) A central directory which includes information on early

intervention services, resources, and experts available in the

State and research and demonstration projects being conducted in

the State.

(8) A comprehensive system of personnel development, including

the training of paraprofessionals and the training of primary

referral sources respecting the basic components of early

intervention services available in the State, that is consistent

with the comprehensive system of personnel development described

in section 1412(a)(14) of this title and may include -

(A) implementing innovative strategies and activities for the

recruitment and retention of early education service providers;

(B) promoting the preparation of early intervention providers

who are fully and appropriately qualified to provide early

intervention services under this subchapter;

and

(D) training personnel to coordinate transition services for

infants and toddlers served under this subchapter from an early

intervention program under this subchapter to preschool or

other appropriate services.

(9) Subject to subsection (b) of this section, policies and

procedures relating to the establishment and maintenance of

standards to ensure that personnel necessary to carry out this

subchapter are appropriately and adequately prepared and trained,

including -

(A) the establishment and maintenance of standards which are

consistent with any State-approved or recognized certification,

licensing, registration, or other comparable requirements which

apply to the area in which such personnel are providing early

intervention services; and

(B) to the extent such standards are not based on the highest

requirements in the State applicable to a specific profession

or discipline, the steps the State is taking to require the

retraining or hiring of personnel that meet appropriate

professional requirements in the State;

except that nothing in this subchapter, including this paragraph,

prohibits the use of paraprofessionals and assistants who are

appropriately trained and supervised, in accordance with State

law, regulations, or written policy, to assist in the provision

of early intervention services to infants and toddlers with

disabilities under this subchapter.

(10) A single line of responsibility in a lead agency

designated or established by the Governor for carrying out -

(A) the general administration and supervision of programs

and activities receiving assistance under section 1433 of this

title, and the monitoring of programs and activities used by

the State to carry out this subchapter, whether or not such

programs or activities are receiving assistance made available

under section 1433 of this title, to ensure that the State

complies with this subchapter;

(B) the identification and coordination of all available

resources within the State from Federal, State, local, and

private sources;

with section 1437(a)(2) of this title to the appropriate

agencies;

(D) the development of procedures to ensure that services are

provided to infants and toddlers with disabilities and their

families under this subchapter in a timely manner pending the

resolution of any disputes among public agencies or service

providers;

(E) the resolution of intra- and interagency disputes; and

(F) the entry into formal interagency agreements that define

the financial responsibility of each agency for paying for

early intervention services (consistent with State law) and

procedures for resolving disputes and that include all

additional components necessary to ensure meaningful

cooperation and coordination.

(11) A policy pertaining to the contracting or making of other

arrangements with service providers to provide early intervention

services in the State, consistent with the provisions of this

subchapter, including the contents of the application used and

the conditions of the contract or other arrangements.

(12) A procedure for securing timely reimbursements of funds

used under this subchapter in accordance with section 1440(a) of

this title.

(13) Procedural safeguards with respect to programs under this

subchapter, as required by section 1439 of this title.

(14) A system for compiling data requested by the Secretary

under section 1418 of this title that relates to this subchapter.

(15) A State interagency coordinating council that meets the

requirements of section 1441 of this title.

(16) Policies and procedures to ensure that, consistent with

section 1436(d)(5) of this title -

(A) to the maximum extent appropriate, early intervention

services are provided in natural environments; and

(B) the provision of early intervention services for any

infant or toddler occurs in a setting other than a natural

environment only when early intervention cannot be achieved

satisfactorily for the infant or toddler in a natural

environment.

(b) Policy

In implementing subsection (a)(9) of this section, a State may

adopt a policy that includes making ongoing good-faith efforts to

recruit and hire appropriately and adequately trained personnel to

provide early intervention services to infants and toddlers with

disabilities, including, in a geographic area of the State where

there is a shortage of such personnel, the most qualified

individuals available who are making satisfactory progress toward

completing applicable course work necessary to meet the standards

described in subsection (a)(9) of this section, consistent with

State law within 3 years.

-SOURCE-

(Pub. L. 91-230, title VI, Sec. 635, as added Pub. L. 105-17, title

I, Sec. 101, June 4, 1997, 111 Stat. 108.)

-MISC1-

PRIOR PROVISIONS

A prior section 1435, Pub. L. 91-230, title VI, Sec. 635, Apr.

13, 1970, 84 Stat. 185; Pub. L. 98-199, Sec. 3(b), 11, Dec. 2,

1983, 97 Stat. 1358, 1372; Pub. L. 99-457, title III, Sec. 311,

Oct. 8, 1986, 100 Stat. 1169; Pub. L. 101-476, title IV, Sec. 405,

Oct. 30, 1990, 104 Stat. 1135; Pub. L. 102-119, Sec. 9(c)(2), 10,

25(a)(13), Oct. 7, 1991, 105 Stat. 595, 606, authorized

appropriations, prior to the general amendment of subchapters I to

IV of this chapter by Pub. L. 105-17.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1087ee, 1412, 1432, 1434,

1437, 1439, 1441, 1442 of this title.

-CITE-

20 USC Sec. 1436 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 33 - EDUCATION OF INDIVIDUALS WITH DISABILITIES

SUBCHAPTER III - INFANTS AND TODDLERS WITH DISABILITIES

-HEAD-

Sec. 1436. Individualized family service plan

-STATUTE-

(a) Assessment and program development

A statewide system described in section 1433 of this title shall

provide, at a minimum, for each infant or toddler with a

disability, and the infant's or toddler's family, to receive -

(1) a multidisciplinary assessment of the unique strengths and

needs of the infant or toddler and the identification of services

appropriate to meet such needs;

(2) a family-directed assessment of the resources, priorities,

and concerns of the family and the identification of the supports

and services necessary to enhance the family's capacity to meet

the developmental needs of the infant or toddler; and

(3) a written individualized family service plan developed by a

multidisciplinary team, including the parents, as required by

subsection (e) of this section.

(b) Periodic review

The individualized family service plan shall be evaluated once a

year and the family shall be provided a review of the plan at

6-month intervals (or more often where appropriate based on infant

or toddler and family needs).

The individualized family service plan shall be developed within

a reasonable time after the assessment required by subsection

(a)(1) of this section is completed. With the parents' consent,

early intervention services may commence prior to the completion of

the assessment.

(d) Content of plan

The individualized family service plan shall be in writing and

contain -

(1) a statement of the infant's or toddler's present levels of

physical development, cognitive development, communication

development, social or emotional development, and adaptive

development, based on objective criteria;

(2) a statement of the family's resources, priorities, and

concerns relating to enhancing the development of the family's

infant or toddler with a disability;

(3) a statement of the major outcomes expected to be achieved

for the infant or toddler and the family, and the criteria,

procedures, and timelines used to determine the degree to which

progress toward achieving the outcomes is being made and whether

modifications or revisions of the outcomes or services are

necessary;

(4) a statement of specific early intervention services

necessary to meet the unique needs of the infant or toddler and

the family, including the frequency, intensity, and method of

delivering services;

(5) a statement of the natural environments in which early

intervention services shall appropriately be provided, including

a justification of the extent, if any, to which the services will

not be provided in a natural environment;

(6) the projected dates for initiation of services and the

anticipated duration of the services;

(7) the identification of the service coordinator from the

profession most immediately relevant to the infant's or toddler's

or family's needs (or who is otherwise qualified to carry out all

applicable responsibilities under this subchapter) who will be

responsible for the implementation of the plan and coordination

with other agencies and persons; and

(8) the steps to be taken to support the transition of the

toddler with a disability to preschool or other appropriate

services.

(e) Parental consent

The contents of the individualized family service plan shall be

fully explained to the parents and informed written consent from

the parents shall be obtained prior to the provision of early

intervention services described in such plan. If the parents do

not provide consent with respect to a particular early intervention

service, then the early intervention services to which consent is

obtained shall be provided.

-SOURCE-

(Pub. L. 91-230, title VI, Sec. 636, as added Pub. L. 105-17, title

I, Sec. 101, June 4, 1997, 111 Stat. 111.)

-MISC1-

PRIOR PROVISIONS

A prior section 1436, Pub. L. 91-230, title VI, Sec. 636, Apr.

13, 1970, 84 Stat. 185; Pub. L. 93-380, title VI, Sec. 618, Aug.

21, 1974, 88 Stat. 584; Pub. L. 95-49, Sec. 3, June 17, 1977, 91

Stat. 230, authorized appropriations, prior to the general

amendment of this subchapter by Pub. L. 98-199, Sec. 11, Dec. 2,

1983, 97 Stat. 1369.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1401, 1412, 1414, 1432,

1435, 1473 of this title.

-CITE-

20 USC Sec. 1437 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 33 - EDUCATION OF INDIVIDUALS WITH DISABILITIES

SUBCHAPTER III - INFANTS AND TODDLERS WITH DISABILITIES

-HEAD-

Sec. 1437. State application and assurances

-STATUTE-

(a) Application

A State desiring to receive a grant under section 1433 of this

title shall submit an application to the Secretary at such time and

in such manner as the Secretary may reasonably require. The

application shall contain -

(1) a designation of the lead agency in the State that will be

responsible for the administration of funds provided under

section 1433 of this title;

(2) a designation of an individual or entity responsible for

assigning financial responsibility among appropriate agencies;

(3) information demonstrating eligibility of the State under

section 1434 of this title, including -

(A) information demonstrating to the Secretary's satisfaction

that the State has in effect the statewide system required by

section 1433 of this title; and

(B) a description of services to be provided to infants and

toddlers with disabilities and their families through the

system;

(4) if the State provides services to at-risk infants and

toddlers through the system, a description of such services;

(5) a description of the uses for which funds will be expended

in accordance with this subchapter;

(6) a description of the procedure used to ensure that

resources are made available under this subchapter for all

geographic areas within the State;

(7) a description of State policies and procedures that ensure

that, prior to the adoption by the State of any other policy or

procedure necessary to meet the requirements of this subchapter,

there are public hearings, adequate notice of the hearings, and

an opportunity for comment available to the general public,

including individuals with disabilities and parents of infants

and toddlers with disabilities;

(8) a description of the policies and procedures to be used -

(A) to ensure a smooth transition for toddlers receiving

early intervention services under this subchapter to preschool

or other appropriate services, including a description of how -

(i) the families of such toddlers will be included in the

transition plans required by subparagraph (C); and

(ii) the lead agency designated or established under

section 1435(a)(10) of this title will -

(I) notify the local educational agency for the area in

which such a child resides that the child will shortly

reach the age of eligibility for preschool services under

subchapter II of this chapter, as determined in accordance

with State law;

(II) in the case of a child who may be eligible for such

preschool services, with the approval of the family of the

child, convene a conference among the lead agency, the

family, and the local educational agency at least 90 days

(and at the discretion of all such parties, up to 6 months)

before the child is eligible for the preschool services, to

discuss any such services that the child may receive; and

(III) in the case of a child who may not be eligible for

such preschool services, with the approval of the family,

make reasonable efforts to convene a conference among the

lead agency, the family, and providers of other appropriate

services for children who are not eligible for preschool

services under subchapter II of this chapter, to discuss

the appropriate services that the child may receive;

(B) to review the child's program options for the period from

the child's third birthday through the remainder of the school

year; and

(9) such other information and assurances as the Secretary may

reasonably require.

(b) Assurances

The application described in subsection (a) of this section -

(1) shall provide satisfactory assurance that Federal funds

made available under section 1443 of this title to the State will

be expended in accordance with this subchapter;

(2) shall contain an assurance that the State will comply with

the requirements of section 1440 of this title;

(3) shall provide satisfactory assurance that the control of

funds provided under section 1443 of this title, and title to

property derived from those funds, will be in a public agency for

the uses and purposes provided in this subchapter and that a

public agency will administer such funds and property;

(4) shall provide for -

(A) making such reports in such form and containing such

information as the Secretary may require to carry out the

Secretary's functions under this subchapter; and

(B) keeping such records and affording such access to them as

the Secretary may find necessary to ensure the correctness and

verification of those reports and proper disbursement of

Federal funds under this subchapter;

(5) provide satisfactory assurance that Federal funds made

available under section 1443 of this title to the State -

(A) will not be commingled with State funds; and

(B) will be used so as to supplement the level of State and

local funds expended for infants and toddlers with disabilities

and their families and in no case to supplant those State and

local funds;

(6) shall provide satisfactory assurance that such fiscal

control and fund accounting procedures will be adopted as may be

necessary to ensure proper disbursement of, and accounting for,

Federal funds paid under section 1443 of this title to the State;

(7) shall provide satisfactory assurance that policies and

procedures have been adopted to ensure meaningful involvement of

underserved groups, including minority, low-income, and rural

families, in the planning and implementation of all the

requirements of this subchapter; and

(8) shall contain such other information and assurances as the

Secretary may reasonably require by regulation.

The Secretary may not disapprove such an application unless the

Secretary determines, after notice and opportunity for a hearing,

that the application fails to comply with the requirements of this

section.

(d) Subsequent State application

If a State has on file with the Secretary a policy, procedure, or

assurance that demonstrates that the State meets a requirement of

this section, including any policy or procedure filed under part H

(as in effect before July 1, 1998), the Secretary shall consider

the State to have met the requirement for purposes of receiving a

grant under this subchapter.

(e) Modification of application

An application submitted by a State in accordance with this

section shall remain in effect until the State submits to the

Secretary such modifications as the State determines necessary.

This section shall apply to a modification of an application to the

same extent and in the same manner as this section applies to the

original application.

(f) Modifications required by Secretary

The Secretary may require a State to modify its application under

this section, but only to the extent necessary to ensure the

State's compliance with this subchapter, if -

(1) an amendment is made to this chapter, or a Federal

regulation issued under this chapter;

(2) a new interpretation of this chapter is made by a Federal

court or the State's highest court; or

(3) an official finding of noncompliance with Federal law or

regulations is made with respect to the State.

-SOURCE-

(Pub. L. 91-230, title VI, Sec. 637, as added Pub. L. 105-17, title

I, Sec. 101, June 4, 1997, 111 Stat. 112.)

-REFTEXT-

REFERENCES IN TEXT

Part H (as in effect before July 1, 1998), referred to in subsec.

(d), means part H of Pub. L. 91-230, title VI, as added by Pub. L.

99-457, title I, Sec. 101(a), Oct. 8, 1986, 100 Stat. 1145, which

was classified generally to subchapter VIII (Sec. 1471 et seq.) of

this chapter prior to repeal by Pub. L. 105-17, title II, Sec.

203(b), June 4, 1997, 111 Stat. 157, effective July 1, 1998.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1412, 1435, 1438 of this

title.

-CITE-

20 USC Sec. 1438 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 33 - EDUCATION OF INDIVIDUALS WITH DISABILITIES

SUBCHAPTER III - INFANTS AND TODDLERS WITH DISABILITIES

-HEAD-

Sec. 1438. Uses of funds

-STATUTE-

In addition to using funds provided under section 1433 of this

title to maintain and implement the statewide system required by

such section, a State may use such funds -

(1) for direct early intervention services for infants and

toddlers with disabilities, and their families, under this

subchapter that are not otherwise funded through other public or

private sources;

(2) to expand and improve on services for infants and toddlers

and their families under this subchapter that are otherwise

available;

(3) to provide a free appropriate public education, in

accordance with subchapter II of this chapter, to children with

disabilities from their third birthday to the beginning of the

following school year; and

(4) in any State that does not provide services for at-risk

infants and toddlers under section 1437(a)(4) of this title, to

strengthen the statewide system by initiating, expanding, or

improving collaborative efforts related to at-risk infants and

toddlers, including establishing linkages with appropriate public

or private community-based organizations, services, and personnel

for the purposes of -

(A) identifying and evaluating at-risk infants and toddlers;

(B) making referrals of the infants and toddlers identified

and evaluated under subparagraph (A); and

determine if the status of the infant or toddler involved has

changed with respect to the eligibility of the infant or

toddler for services under this subchapter.

-SOURCE-

(Pub. L. 91-230, title VI, Sec. 638, as added Pub. L. 105-17, title

I, Sec. 101, June 4, 1997, 111 Stat. 114.)

-CITE-

20 USC Sec. 1439 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 33 - EDUCATION OF INDIVIDUALS WITH DISABILITIES

SUBCHAPTER III - INFANTS AND TODDLERS WITH DISABILITIES

-HEAD-

Sec. 1439. Procedural safeguards

-STATUTE-

(a) Minimum procedures

The procedural safeguards required to be included in a statewide

system under section 1435(a)(13) of this title shall provide, at a

minimum, the following:

(1) The timely administrative resolution of complaints by

parents. Any party aggrieved by the findings and decision

regarding an administrative complaint shall have the right to

bring a civil action with respect to the complaint in any State

court of competent jurisdiction or in a district court of the

United States without regard to the amount in controversy. In

any action brought under this paragraph, the court shall receive

the records of the administrative proceedings, shall hear

additional evidence at the request of a party, and, basing its

decision on the preponderance of the evidence, shall grant such

relief as the court determines is appropriate.

(2) The right to confidentiality of personally identifiable

information, including the right of parents to written notice of

and written consent to the exchange of such information among

agencies consistent with Federal and State law.

(3) The right of the parents to determine whether they, their

infant or toddler, or other family members will accept or decline

any early intervention service under this subchapter in

accordance with State law without jeopardizing other early

intervention services under this subchapter.

(4) The opportunity for parents to examine records relating to

assessment, screening, eligibility determinations, and the

development and implementation of the individualized family

service plan.

(5) Procedures to protect the rights of the infant or toddler

whenever the parents of the infant or toddler are not known or

cannot be found or the infant or toddler is a ward of the State,

including the assignment of an individual (who shall not be an

employee of the State lead agency, or other State agency, and who

shall not be any person, or any employee of a person, providing

early intervention services to the infant or toddler or any

family member of the infant or toddler) to act as a surrogate for

the parents.

(6) Written prior notice to the parents of the infant or

toddler with a disability whenever the State agency or service

provider proposes to initiate or change or refuses to initiate or

change the identification, evaluation, or placement of the infant

or toddler with a disability, or the provision of appropriate

early intervention services to the infant or toddler.

(7) Procedures designed to ensure that the notice required by

paragraph (6) fully informs the parents, in the parents' native

language, unless it clearly is not feasible to do so, of all

procedures available pursuant to this section.

(8) The right of parents to use mediation in accordance with

section 1415(e) of this title, except that -

(A) any reference in the section to a State educational

agency shall be considered to be a reference to a State's lead

agency established or designated under section 1435(a)(10) of

this title;

(B) any reference in the section to a local educational

agency shall be considered to be a reference to a local service

provider or the State's lead agency under this subchapter, as

the case may be; and

appropriate public education to children with disabilities

shall be considered to be a reference to the provision of

appropriate early intervention services to infants and toddlers

with disabilities.

(b) Services during pendency of proceedings

During the pendency of any proceeding or action involving a

complaint by the parents of an infant or toddler with a disability,

unless the State agency and the parents otherwise agree, the infant

or toddler shall continue to receive the appropriate early

intervention services currently being provided or, if applying for

initial services, shall receive the services not in dispute.

-SOURCE-

(Pub. L. 91-230, title VI, Sec. 639, as added Pub. L. 105-17, title

I, Sec. 101, June 4, 1997, 111 Stat. 115.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1401, 1435 of this title.

-CITE-

20 USC Sec. 1440 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 33 - EDUCATION OF INDIVIDUALS WITH DISABILITIES

SUBCHAPTER III - INFANTS AND TODDLERS WITH DISABILITIES

-HEAD-

Sec. 1440. Payor of last resort

-STATUTE-

(a) Nonsubstitution

Funds provided under section 1443 of this title may not be used

to satisfy a financial commitment for services that would have been

paid for from another public or private source, including any

medical program administered by the Secretary of Defense, but for

the enactment of this subchapter, except that whenever considered

necessary to prevent a delay in the receipt of appropriate early

intervention services by an infant, toddler, or family in a timely

fashion, funds provided under section 1443 of this title may be

used to pay the provider of services pending reimbursement from the

agency that has ultimate responsibility for the payment.

(b) Reduction of other benefits

Nothing in this subchapter shall be construed to permit the State

to reduce medical or other assistance available or to alter

eligibility under title V of the Social Security Act (42 U.S.C. 701

et seq.) (relating to maternal and child health) or title XIX of

the Social Security Act (42 U.S.C. 1396 et seq.) (relating to

Medicaid for infants or toddlers with disabilities) within the

State.

-SOURCE-

(Pub. L. 91-230, title VI, Sec. 640, as added Pub. L. 105-17, title

I, Sec. 101, June 4, 1997, 111 Stat. 116.)

-REFTEXT-

REFERENCES IN TEXT

The Social Security Act, referred to in subsec. (b), is act Aug.

14, 1935, ch. 531, 49 Stat. 620, as amended. Titles V and XIX of

the Act are classified generally to subchapters V (Sec. 701 et

seq.) and XIX (Sec. 1396 et seq.), respectively, of chapter 7 of

Title 42, The Public Health and Welfare. For complete

classification of this Act to the Code, see section 1305 of Title

42 and Tables.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1435, 1437 of this title.

-CITE-

20 USC Sec. 1441 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 33 - EDUCATION OF INDIVIDUALS WITH DISABILITIES

SUBCHAPTER III - INFANTS AND TODDLERS WITH DISABILITIES

-HEAD-

Sec. 1441. State interagency coordinating council

-STATUTE-

(a) Establishment

(1) In general

A State that desires to receive financial assistance under this

subchapter shall establish a State interagency coordinating

council.

(2) Appointment

The council shall be appointed by the Governor. In making

appointments to the council, the Governor shall ensure that the

membership of the council reasonably represents the population of

the State.

(3) Chairperson

The Governor shall designate a member of the council to serve

as the chairperson of the council, or shall require the council

to so designate such a member. Any member of the council who is

a representative of the lead agency designated under section

1435(a)(10) of this title may not serve as the chairperson of the

council.

(b) Composition

(1) In general

The council shall be composed as follows:

(A) Parents

At least 20 percent of the members shall be parents of

infants or toddlers with disabilities or children with

disabilities aged 12 or younger, with knowledge of, or

experience with, programs for infants and toddlers with

disabilities. At least one such member shall be a parent of an

infant or toddler with a disability or a child with a

disability aged 6 or younger.

(B) Service providers

At least 20 percent of the members shall be public or private

providers of early intervention services.

At least one member shall be from the State legislature.

(D) Personnel preparation

At least one member shall be involved in personnel

preparation.

(E) Agency for early intervention services

At least one member shall be from each of the State agencies

involved in the provision of, or payment for, early

intervention services to infants and toddlers with disabilities

and their families and shall have sufficient authority to

engage in policy planning and implementation on behalf of such

agencies.

(F) Agency for preschool services

At least one member shall be from the State educational

agency responsible for preschool services to children with

disabilities and shall have sufficient authority to engage in

policy planning and implementation on behalf of such agency.

(G) Agency for health insurance

At least one member shall be from the agency responsible for

the State governance of health insurance.

(H) Head Start agency

At least one representative from a Head Start agency or

program in the State.

(I) Child care agency

At least one representative from a State agency responsible

for child care.

(2) Other members

The council may include other members selected by the Governor,

including a representative from the Bureau of Indian Affairs, or

where there is no BIA-operated or BIA-funded school, from the

Indian Health Service or the tribe or tribal council.

The council shall meet at least quarterly and in such places as

it deems necessary. The meetings shall be publicly announced, and,

to the extent appropriate, open and accessible to the general

public.

(d) Management authority

Subject to the approval of the Governor, the council may prepare

and approve a budget using funds under this subchapter to conduct

hearings and forums, to reimburse members of the council for

reasonable and necessary expenses for attending council meetings

and performing council duties (including child care for parent

representatives), to pay compensation to a member of the council if

the member is not employed or must forfeit wages from other

employment when performing official council business, to hire

staff, and to obtain the services of such professional, technical,

and clerical personnel as may be necessary to carry out its

functions under this subchapter.

(e) Functions of council

(1) Duties

The council shall -

(A) advise and assist the lead agency designated or

established under section 1435(a)(10) of this title in the

performance of the responsibilities set forth in such section,

particularly the identification of the sources of fiscal and

other support for services for early intervention programs,

assignment of financial responsibility to the appropriate

agency, and the promotion of the interagency agreements;

(B) advise and assist the lead agency in the preparation of

applications and amendments thereto;

the transition of toddlers with disabilities to preschool and

other appropriate services; and

(D) prepare and submit an annual report to the Governor and

to the Secretary on the status of early intervention programs

for infants and toddlers with disabilities and their families

operated within the State.

(2) Authorized activity

The council may advise and assist the lead agency and the State

educational agency regarding the provision of appropriate

services for children from birth through age 5. The council may

advise appropriate agencies in the State with respect to the

integration of services for infants and toddlers with

disabilities and at-risk infants and toddlers and their families,

regardless of whether at-risk infants and toddlers are eligible

for early intervention services in the State.

(f) Conflict of interest

No member of the council shall cast a vote on any matter that

would provide direct financial benefit to that member or otherwise

give the appearance of a conflict of interest under State law.

-SOURCE-

(Pub. L. 91-230, title VI, Sec. 641, as added Pub. L. 105-17, title

I, Sec. 101, June 4, 1997, 111 Stat. 116.)

-MISC1-

PRIOR PROVISIONS

A prior section 1441, Pub. L. 91-230, title VI, Sec. 641, Apr.

13, 1970, 84 Stat. 185; Pub. L. 95-49, Sec. 4, June 17, 1977, 91

Stat. 230; Pub. L. 98-199, Sec. 3(b), 12, Dec. 2, 1983, 97 Stat.

1358, 1372; Pub. L. 99-457, title III, Sec. 312, Oct. 8, 1986, 100

Stat. 1169; Pub. L. 100-630, title I, Sec. 105(b), Nov. 7, 1988,

102 Stat. 3299; Pub. L. 101-476, title V, Sec. 501, Oct. 30, 1990,

104 Stat. 1135; Pub. L. 102-421, title II, Sec. 203, Oct. 16, 1992,

106 Stat. 2165, related to grants, contracts, and cooperative

agreements for research and related activities, attention deficit

disorder centers, and model demonstration programs, prior to repeal

by Pub. L. 105-17, title II, Sec. 203(c), June 4, 1997, 111 Stat.

157, effective Oct. 1, 1997.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1411, 1432, 1435 of this

title.

-CITE-

20 USC Sec. 1442 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 33 - EDUCATION OF INDIVIDUALS WITH DISABILITIES

SUBCHAPTER III - INFANTS AND TODDLERS WITH DISABILITIES

-HEAD-

Sec. 1442. Federal administration

-STATUTE-

Sections 1416, 1417, and 1418 of this title shall, to the extent

not inconsistent with this subchapter, apply to the program

authorized by this subchapter, except that -

(1) any reference in such sections to a State educational

agency shall be considered to be a reference to a State's lead

agency established or designated under section 1435(a)(10) of

this title;

(2) any reference in such sections to a local educational

agency, educational service agency, or a State agency shall be

considered to be a reference to an early intervention service

provider under this subchapter; and

(3) any reference to the education of children with

disabilities or the education of all children with disabilities

shall be considered to be a reference to the provision of

appropriate early intervention services to infants and toddlers

with disabilities.

-SOURCE-

(Pub. L. 91-230, title VI, Sec. 642, as added Pub. L. 105-17, title

I, Sec. 101, June 4, 1997, 111 Stat. 118.)

-MISC1-

PRIOR PROVISIONS

A prior section 1442, Pub. L. 91-230, title VI, Sec. 642, Apr.

13, 1970, 84 Stat. 185; Pub. L. 98-199, Sec. 3(b), 12, Dec. 2,

1983, 97 Stat. 1358, 1373; Pub. L. 101-476, title V, Sec. 502, Oct.

30, 1990, 104 Stat. 1138; Pub. L. 102-119, Sec. 25(a)(14), Oct. 7,

1991, 105 Stat. 606, related to research and demonstration projects

in physical education and recreation for children with

disabilities, prior to repeal by Pub. L. 105-17, title II, Sec.

203(c), June 4, 1997, 111 Stat. 157, effective Oct. 1, 1997.

-CITE-

20 USC Sec. 1443 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 33 - EDUCATION OF INDIVIDUALS WITH DISABILITIES

SUBCHAPTER III - INFANTS AND TODDLERS WITH DISABILITIES

-HEAD-

Sec. 1443. Allocation of funds

-STATUTE-

(a) Reservation of funds for outlying areas

(1) In general

From the sums appropriated to carry out this subchapter for any

fiscal year, the Secretary may reserve up to one percent for

payments to Guam, American Samoa, the Virgin Islands, and the

Commonwealth of the Northern Mariana Islands in accordance with

their respective needs.

(2) Consolidation of funds

The provisions of Public Law 95-134, permitting the

consolidation of grants to the outlying areas, shall not apply to

funds those areas receive under this subchapter.

(b) Payments to Indians

(1) In general

The Secretary shall, subject to this subsection, make payments

to the Secretary of the Interior to be distributed to tribes,

tribal organizations (as defined under section 450b of title 25),

or consortia of the above entities for the coordination of

assistance in the provision of early intervention services by the

States to infants and toddlers with disabilities and their

families on reservations served by elementary and secondary

schools for Indian children operated or funded by the Department

of the Interior. The amount of such payment for any fiscal year

shall be 1.25 percent of the aggregate of the amount available to

all States under this subchapter for such fiscal year.

(2) Allocation

For each fiscal year, the Secretary of the Interior shall

distribute the entire payment received under paragraph (1) by

providing to each tribe, tribal organization, or consortium an

amount based on the number of infants and toddlers residing on

the reservation, as determined annually, divided by the total of

such children served by all tribes, tribal organizations, or

consortia.

(3) Information

To receive a payment under this subsection, the tribe, tribal

organization, or consortium shall submit such information to the

Secretary of the Interior as is needed to determine the amounts

to be distributed under paragraph (2).

(4) Use of funds

The funds received by a tribe, tribal organization, or

consortium shall be used to assist States in child find,

screening, and other procedures for the early identification of

Indian children under 3 years of age and for parent training.

Such funds may also be used to provide early intervention

services in accordance with this subchapter. Such activities may

be carried out directly or through contracts or cooperative

agreements with the BIA, local educational agencies, and other

public or private nonprofit organizations. The tribe, tribal

organization, or consortium is encouraged to involve Indian

parents in the development and implementation of these

activities. The above entities shall, as appropriate, make

referrals to local, State, or Federal entities for the provision

of services or further diagnosis.

(5) Reports

To be eligible to receive a grant under paragraph (2), a tribe,

tribal organization, or consortium shall make a biennial report

to the Secretary of the Interior of activities undertaken under

this subsection, including the number of contracts and

cooperative agreements entered into, the number of children

contacted and receiving services for each year, and the estimated

number of children needing services during the 2 years following

the year in which the report is made. The Secretary of the

Interior shall include a summary of this information on a

biennial basis to the Secretary of Education along with such

other information as required under section 1411(i)(3)(E) of this

title. The Secretary of Education may require any additional

information from the Secretary of the Interior.

(6) Prohibited uses of funds

None of the funds under this subsection may be used by the

Secretary of the Interior for administrative purposes, including

child count, and the provision of technical assistance.

(1) In general

Except as provided in paragraphs (2), (3), and (4), from the

funds remaining for each fiscal year after the reservation and

payments under subsections (a) and (b) of this section, the

Secretary shall first allot to each State an amount that bears

the same ratio to the amount of such remainder as the number of

infants and toddlers in the State bears to the number of infants

and toddlers in all States.

(2) Minimum allotments

Except as provided in paragraphs (3) and (4), no State shall

receive an amount under this section for any fiscal year that is

less than the greatest of -

(A) one-half of one percent of the remaining amount described

in paragraph (1); or

(B) $500,000.

(3) Special rule for 1998 and 1999

(A) In general

Except as provided in paragraph (4), no State may receive an

amount under this section for either fiscal year 1998 or 1999

that is less than the sum of the amounts such State received

for fiscal year 1994 under -

(i) part H (as in effect for such fiscal year); and

(ii) subpart 2 of part D of chapter 1 of title I of the

Elementary and Secondary Education Act of 1965 (as in effect

on the day before the date of the enactment of the Improving

America's Schools Act of 1994) for children with disabilities

under 3 years of age.

(B) Exception

If, for fiscal year 1998 or 1999, the number of infants and

toddlers in a State, as determined under paragraph (1), is less

than the number of infants and toddlers so determined for

fiscal year 1994, the amount determined under subparagraph (A)

for the State shall be reduced by the same percentage by which

the number of such infants and toddlers so declined.

(4) Ratable reduction

(A) In general

If the sums made available under this subchapter for any

fiscal year are insufficient to pay the full amounts that all

States are eligible to receive under this subsection for such

year, the Secretary shall ratably reduce the allotments to such

States for such year.

(B) Additional funds

If additional funds become available for making payments

under this subsection for a fiscal year, allotments that were

reduced under subparagraph (A) shall be increased on the same

basis they were reduced.

(5) Definitions

For the purpose of this subsection -

(A) the terms ''infants'' and ''toddlers'' mean children

under 3 years of age; and

(B) the term ''State'' means each of the 50 States, the

District of Columbia, and the Commonwealth of Puerto Rico.

(d) Reallotment of funds

If a State elects not to receive its allotment under subsection

remaining States, amounts from such State in accordance with such

subsection.

-SOURCE-

(Pub. L. 91-230, title VI, Sec. 643, as added Pub. L. 105-17, title

I, Sec. 101, June 4, 1997, 111 Stat. 118.)

-REFTEXT-

REFERENCES IN TEXT

Public Law 95-134, referred to in subsec. (a)(2), is Pub. L.

95-134, Oct. 15, 1977, 91 Stat. 1159, as amended. Provisions

relating to consolidation of grants are contained in section 501 of

Pub. L. 95-134 which is classified to section 1469a of Title 48,

Territories and Insular Possessions.

Part H (as in effect for such fiscal year (1994)), referred to in

subsec. (c)(3)(A)(i), means part H of Pub. L. 91-230, title VI, as

added by Pub. L. 99-457, title I, Sec. 101(a), Oct. 8, 1986, 100

Stat. 1145, which was classified generally to subchapter VIII (Sec.

1471 et seq.) of this chapter prior to repeal by Pub. L. 105-17,

title II, Sec. 203(b), June 4, 1997, 111 Stat. 157, effective July

1, 1998.

Subpart 2 of part D of chapter 1 of title I of the Elementary and

Secondary Education Act of 1965 (as in effect on the day before the

date of enactment of the Improving America's Schools Act of 1994),

referred to in subsec. (c)(3)(A)(ii), means subpart 2 of part D of

chapter 1 of title I of Pub. L. 89-10, as added by Pub. L. 100-297,

title I, Sec. 1001, Apr. 28, 1988, 102 Stat. 179, as amended, which

was classified generally to subpart 2 (Sec. 2791 et seq.) of part D

of div. I of subchapter I of chapter 47 of this title prior to

being omitted in the general amendment of Pub. L. 89-10 by Pub. L.

103-382, title I, Sec. 101, Oct. 20, 1994, 108 Stat. 3519. The date

of enactment of the Improving America's Schools Act of 1994 is the

date of enactment of Pub. L. 103-382, which was approved Oct. 20,

1994.

-MISC2-

PRIOR PROVISIONS

A prior section 1443, Pub. L. 91-230, title VI, Sec. 643, Apr.

13, 1970, 84 Stat. 185; Pub. L. 98-199, Sec. 3(b), 12, Dec. 2,

1983, 97 Stat. 1358, 1373; Pub. L. 99-457, title III, Sec. 313,

Oct. 8, 1986, 100 Stat. 1170; Pub. L. 100-630, title I, Sec.

105(c), Nov. 7, 1988, 102 Stat. 3299; Pub. L. 101-476, title IX,

Sec. 901(b)(145), (146), Oct. 30, 1990, 104 Stat. 1149; Pub. L.

102-119, Sec. 25(b), Oct. 7, 1991, 105 Stat. 607, related to

requirement of the Secretary to convene panels of experts to

evaluate proposals for projects, prior to repeal by Pub. L.

101-476, title V, Sec. 503, 1001, Oct. 30, 1990, 104 Stat. 1138,

1151, effective Oct. 1, 1990.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1433, 1437, 1440 of this

title.

-CITE-

20 USC Sec. 1444 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 33 - EDUCATION OF INDIVIDUALS WITH DISABILITIES

SUBCHAPTER III - INFANTS AND TODDLERS WITH DISABILITIES

-HEAD-

Sec. 1444. Federal Interagency Coordinating Council

-STATUTE-

(a) Establishment and purpose

(1) In general

The Secretary shall establish a Federal Interagency

Coordinating Council in order to -

(A) minimize duplication of programs and activities across

Federal, State, and local agencies, relating to -

(i) early intervention services for infants and toddlers

with disabilities (including at-risk infants and toddlers)

and their families; and

(ii) preschool or other appropriate services for children

with disabilities;

(B) ensure the effective coordination of Federal early

intervention and preschool programs and policies across Federal

agencies;

and support activities to States;

(D) identify gaps in Federal agency programs and services;

and

(E) identify barriers to Federal interagency cooperation.

(2) Appointments

The council established under paragraph (1) (hereafter in this

section referred to as the ''Council'') and the chairperson of

the Council shall be appointed by the Secretary in consultation

with other appropriate Federal agencies. In making the

appointments, the Secretary shall ensure that each member has

sufficient authority to engage in policy planning and

implementation on behalf of the department, agency, or program

that the member represents.

(b) Composition

The Council shall be composed of -

(1) a representative of the Office of Special Education

Programs;

(2) a representative of the National Institute on Disability

and Rehabilitation Research and a representative of the Office of

Educational Research and Improvement;

(3) a representative of the Maternal and Child Health Services

Block Grant Program;

(4) a representative of programs administered under the

Developmental Disabilities Assistance and Bill of Rights Act of

2000 (42 U.S.C. 15001 et seq.);

(5) a representative of the Health Care Financing

Administration;

(6) a representative of the Division of Birth Defects and

Developmental Disabilities of the Centers for Disease Control;

(7) a representative of the Social Security Administration;

(8) a representative of the special supplemental nutrition

program for women, infants, and children of the Department of

Agriculture;

(9) a representative of the National Institute of Mental

Health;

(10) a representative of the National Institute of Child Health

and Human Development;

(11) a representative of the Bureau of Indian Affairs of the

Department of the Interior;

(12) a representative of the Indian Health Service;

(13) a representative of the Surgeon General;

(14) a representative of the Department of Defense;

(15) a representative of the Children's Bureau, and a

representative of the Head Start Bureau, of the Administration

for Children and Families;

(16) a representative of the Substance Abuse and Mental Health

Services Administration;

(17) a representative of the Pediatric AIDS Health Care

Demonstration Program in the Public Health Service;

(18) parents of children with disabilities age 12 or under (who

shall constitute at least 20 percent of the members of the

Council), of whom at least one must have a child with a

disability under the age of 6;

(19) at least two representatives of State lead agencies for

early intervention services to infants and toddlers, one of whom

must be a representative of a State educational agency and the

other a representative of a non-educational agency;

(20) other members representing appropriate agencies involved

in the provision of, or payment for, early intervention services

and special education and related services to infants and

toddlers with disabilities and their families and preschool

children with disabilities; and

(21) other persons appointed by the Secretary.

The Council shall meet at least quarterly and in such places as

the Council deems necessary. The meetings shall be publicly

announced, and, to the extent appropriate, open and accessible to

the general public.

(d) Functions of Council

The Council shall -

(1) advise and assist the Secretary of Education, the Secretary

of Health and Human Services, the Secretary of Defense, the

Secretary of the Interior, the Secretary of Agriculture, and the

Commissioner of Social Security in the performance of their

responsibilities related to serving children from birth through

age 5 who are eligible for services under this subchapter or

under subchapter II of this chapter;

(2) conduct policy analyses of Federal programs related to the

provision of early intervention services and special educational

and related services to infants and toddlers with disabilities

and their families, and preschool children with disabilities, in

order to determine areas of conflict, overlap, duplication, or

inappropriate omission;

(3) identify strategies to address issues described in

paragraph (2);

(4) develop and recommend joint policy memoranda concerning

effective interagency collaboration, including modifications to

regulations, and the elimination of barriers to interagency

programs and activities;

(5) coordinate technical assistance and disseminate information

on best practices, effective program coordination strategies, and

recommendations for improved early intervention programming for

infants and toddlers with disabilities and their families and

preschool children with disabilities; and

(6) facilitate activities in support of States' interagency

coordination efforts.

(e) Conflict of interest

No member of the Council shall cast a vote on any matter that

would provide direct financial benefit to that member or otherwise

give the appearance of a conflict of interest under Federal law.

(f) Federal Advisory Committee Act

The Federal Advisory Committee Act (5 U.S.C. App.) shall not

apply to the establishment or operation of the Council.

-SOURCE-

(Pub. L. 91-230, title VI, Sec. 644, as added Pub. L. 105-17, title

I, Sec. 101, June 4, 1997, 111 Stat. 121; amended Pub. L. 106-402,

title IV, Sec. 401(b)(1), Oct. 30, 2000, 114 Stat. 1737.)

-REFTEXT-

REFERENCES IN TEXT

The Developmental Disabilities Assistance and Bill of Rights Act

of 2000, referred to in subsec. (b)(4), is Pub. L. 106-402, Oct.

30, 2000, 114 Stat. 1677, which is classified principally to

chapter 144 (Sec. 15001 et seq.) of Title 42, The Public Health and

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

Short Title note set out under section 15001 of Title 42 and

Tables.

The Federal Advisory Committee Act, referred to in subsec. (f),

is Pub. L. 92-463, Oct. 6, 1972, 86 Stat. 770, as amended, which is

set out in the Appendix to Title 5, Government Organization and

Employees.

-MISC2-

PRIOR PROVISIONS

A prior section 1444, Pub. L. 91-230, title VI, Sec. 643,

formerly Sec. 644, Apr. 13, 1970, 84 Stat. 186; Pub. L. 93-380,

title VI, Sec. 619, Aug. 21, 1974, 88 Stat. 585; Pub. L. 95-49,

Sec. 5, June 17, 1977, 91 Stat. 231; Pub. L. 98-199, Sec. 12, Dec.

2, 1983, 97 Stat. 1374; Pub. L. 99-457, title III, Sec. 314, Oct.

8, 1986, 100 Stat. 1171; renumbered Sec. 643 and amended Pub. L.

101-476, title V, Sec. 503, 504, title IX, Sec. 901(b)(147), (148),

Oct. 30, 1990, 104 Stat. 1138, 1149; Pub. L. 102-119, Sec. 25(b),

Oct. 7, 1991, 105 Stat. 607, authorized appropriations, prior to

repeal by Pub. L. 105-17, title II, Sec. 203(c), June 4, 1997, 111

Stat. 157, effective Oct. 1, 1997.

AMENDMENTS

2000 - Subsec. (b)(4). Pub. L. 106-402 substituted ''the

Developmental Disabilities Assistance and Bill of Rights Act of

2000'' for ''the Developmental Disabilities Assistance and Bill of

Rights Act''.

OFFICE OF EDUCATIONAL RESEARCH AND IMPROVEMENT

The Office of Educational Research and Improvement was

established by section 3419 of this title. Section 3419 was

repealed and a new section 3419 establishing the Institute of

Educational Sciences was enacted by Pub. L. 107-279, title IV, Sec.

402(2), Nov. 5, 2002, 116 Stat. 1985.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in title 42 section 9840a.

-CITE-

20 USC Sec. 1445 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 33 - EDUCATION OF INDIVIDUALS WITH DISABILITIES

SUBCHAPTER III - INFANTS AND TODDLERS WITH DISABILITIES

-HEAD-

Sec. 1445. Authorization of appropriations

-STATUTE-

For the purpose of carrying out this subchapter, there are

authorized to be appropriated $400,000,000 for fiscal year 1998 and

such sums as may be necessary for each of the fiscal years 1999

through 2002.

-SOURCE-

(Pub. L. 91-230, title VI, Sec. 645, as added Pub. L. 105-17, title

I, Sec. 101, June 4, 1997, 111 Stat. 123.)

-CITE-

20 USC SUBCHAPTER IV - NATIONAL ACTIVITIES TO IMPROVE

EDUCATION OF CHILDREN WITH DISABILITIES 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 33 - EDUCATION OF INDIVIDUALS WITH DISABILITIES

SUBCHAPTER IV - NATIONAL ACTIVITIES TO IMPROVE EDUCATION OF

CHILDREN WITH DISABILITIES

-HEAD-

SUBCHAPTER IV - NATIONAL ACTIVITIES TO IMPROVE EDUCATION OF

CHILDREN WITH DISABILITIES

-SECREF-

SUBCHAPTER REFERRED TO IN OTHER SECTIONS

This subchapter is referred to in title 42 sections 15025, 15114.

-CITE-

20 USC Part A - State Program Improvement Grants for

Children with Disabilities 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 33 - EDUCATION OF INDIVIDUALS WITH DISABILITIES

SUBCHAPTER IV - NATIONAL ACTIVITIES TO IMPROVE EDUCATION OF

CHILDREN WITH DISABILITIES

Part A - State Program Improvement Grants for Children with

Disabilities

-HEAD-

Part A - State Program Improvement Grants for Children with

Disabilities

-SECREF-

PART REFERRED TO IN OTHER SECTIONS

This part is referred to in sections 1411, 1412, 1419, 1461,

1482, 1485 of this title.

-CITE-

20 USC Sec. 1451 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 33 - EDUCATION OF INDIVIDUALS WITH DISABILITIES

SUBCHAPTER IV - NATIONAL ACTIVITIES TO IMPROVE EDUCATION OF

CHILDREN WITH DISABILITIES

Part A - State Program Improvement Grants for Children with

Disabilities

-HEAD-

Sec. 1451. Findings and purpose

-STATUTE-

(a) Findings

The Congress finds the following:

(1) States are responding with some success to multiple

pressures to improve educational and transitional services and

results for children with disabilities in response to growing

demands imposed by ever-changing factors, such as demographics,

social policies, and labor and economic markets.

(2) In order for States to address such demands and to

facilitate lasting systemic change that is of benefit to all

students, including children with disabilities, States must

involve local educational agencies, parents, individuals with

disabilities and their families, teachers and other service

providers, and other interested individuals and organizations in

carrying out comprehensive strategies to improve educational

results for children with disabilities.

(3) Targeted Federal financial resources are needed to assist

States, working in partnership with others, to identify and make

needed changes to address the needs of children with disabilities

into the next century.

(4) State educational agencies, in partnership with local

educational agencies and other individuals and organizations, are

in the best position to identify and design ways to meet emerging

and expanding demands to improve education for children with

disabilities and to address their special needs.

(5) Research, demonstration, and practice over the past 20

years in special education and related disciplines have built a

foundation of knowledge on which State and local systemic-change

activities can now be based.

(6) Such research, demonstration, and practice in special

education and related disciplines have demonstrated that an

effective educational system now and in the future must -

(A) maintain high academic standards and clear performance

goals for children with disabilities, consistent with the

standards and expectations for all students in the educational

system, and provide for appropriate and effective strategies

and methods to ensure that students who are children with

disabilities have maximum opportunities to achieve those

standards and goals;

(B) create a system that fully addresses the needs of all

students, including children with disabilities, by addressing

the needs of children with disabilities in carrying out

educational reform activities;

post-school results that children with disabilities are

expected to achieve;

(D) promote service integration, and the coordination of

State and local education, social, health, mental health, and

other services, in addressing the full range of student needs,

particularly the needs of children with disabilities who

require significant levels of support to maximize their

participation and learning in school and the community;

(E) ensure that children with disabilities are provided

assistance and support in making transitions as described in

section 1474(b)(3)(C) of this title;

(F) promote comprehensive programs of professional

development to ensure that the persons responsible for the

education or a transition of children with disabilities possess

the skills and knowledge necessary to address the educational

and related needs of those children;

(G) disseminate to teachers and other personnel serving

children with disabilities research-based knowledge about

successful teaching practices and models and provide technical

assistance to local educational agencies and schools on how to

improve results for children with disabilities;

(H) create school-based disciplinary strategies that will be

used to reduce or eliminate the need to use suspension and

expulsion as disciplinary options for children with

disabilities;

(I) establish placement-neutral funding formulas and

cost-effective strategies for meeting the needs of children

with disabilities; and

(J) involve individuals with disabilities and parents of

children with disabilities in planning, implementing, and

evaluating systemic-change activities and educational reforms.

(b) Purpose

The purpose of this part is to assist State educational agencies,

and their partners referred to in section 1452(b) of this title, in

reforming and improving their systems for providing educational,

early intervention, and transitional services, including their

systems for professional development, technical assistance, and

dissemination of knowledge about best practices, to improve results

for children with disabilities.

-SOURCE-

(Pub. L. 91-230, title VI, Sec. 651, as added Pub. L. 105-17, title

I, Sec. 101, June 4, 1997, 111 Stat. 123.)

-MISC1-

PRIOR PROVISIONS

A prior section 1451, Pub. L. 91-230, title VI, Sec. 651, Apr.

13, 1970, 84 Stat. 186; Pub. L. 100-630, title I, Sec. 106(b), Nov.

7, 1988, 102 Stat. 3300; Pub. L. 101-476, title VI, Sec. 601, title

IX, Sec. 901(b)(150), Oct. 30, 1990, 104 Stat. 1138, 1149; Pub. L.

102-119, Sec. 25(b), Oct. 7, 1991, 105 Stat. 607, related to the

purposes of former subchapter VI of this chapter, which included

promoting general welfare of deaf and hard of hearing individuals

and visually impaired individuals and educational advancement of

individuals with disabilities, prior to repeal by Pub. L. 105-17,

title II, Sec. 203(c), June 4, 1997, 111 Stat. 157, effective Oct.

1, 1997.

EFFECTIVE DATE

Section 201(c) of Pub. L. 105-17 provided that:

''(1) In general. - Except as provided in paragraph (2), part D

of the Individuals with Disabilities Education Act (20 U.S.C. 1451

et seq.), as amended by title I, shall take effect on October 1,

1997.

''(2) Exception. - Paragraphs (1) and (2) of section 661(g) of

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

1461(g)(1), (2)), as amended by title I, shall take effect on

January 1, 1998.''

TRANSITION PROVISIONS

Section 202 of Pub. L. 105-17 provided that: ''Notwithstanding

any other provision of law, beginning on October 1, 1997, the

Secretary of Education may use funds appropriated under part D of

the Individuals with Disabilities Education Act (this subchapter)

to make continuation awards for projects that were funded under

section 618 (20 U.S.C. 1418) and parts C through G of such Act

(former subchapters III to VII of this chapter) (as in effect on

September 30, 1997).''

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 1413 of this title.

-CITE-

20 USC Sec. 1452 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 33 - EDUCATION OF INDIVIDUALS WITH DISABILITIES

SUBCHAPTER IV - NATIONAL ACTIVITIES TO IMPROVE EDUCATION OF

CHILDREN WITH DISABILITIES

Part A - State Program Improvement Grants for Children with

Disabilities

-HEAD-

Sec. 1452. Eligibility and collaborative process

-STATUTE-

(a) Eligible applicants

A State educational agency may apply for a grant under this part

for a grant period of not less than 1 year and not more than 5

years.

(b) Partners

(1) Required partners

(A) Contractual partners

In order to be considered for a grant under this part, a

State educational agency shall establish a partnership with

local educational agencies and other State agencies involved

in, or concerned with, the education of children with

disabilities.

(B) Other partners

In order to be considered for a grant under this part, a

State educational agency shall work in partnership with other

persons and organizations involved in, and concerned with, the

education of children with disabilities, including -

(i) the Governor;

(ii) parents of children with disabilities;

(iii) parents of nondisabled children;

(iv) individuals with disabilities;

(v) organizations representing individuals with

disabilities and their parents, such as parent training and

information centers;

(vi) community-based and other nonprofit organizations

involved in the education and employment of individuals with

disabilities;

(vii) the lead State agency for subchapter III of this

chapter;

(viii) general and special education teachers, and early

intervention personnel;

(ix) the State advisory panel established under subchapter

III of this chapter;

(x) the State interagency coordinating council established

under subchapter III of this chapter; and

(xi) institutions of higher education within the State.

(2) Optional partners

A partnership under subparagraph (A) or (B) of paragraph (1)

may also include -

(A) individuals knowledgeable about vocational education;

(B) the State agency for higher education;

(D) public agencies with jurisdiction in the areas of health,

mental health, social services, and juvenile justice; and

(E) other individuals.

-SOURCE-

(Pub. L. 91-230, title VI, Sec. 652, as added Pub. L. 105-17, title

I, Sec. 101, June 4, 1997, 111 Stat. 124.)

-MISC1-

PRIOR PROVISIONS

A prior section 1452, Pub. L. 91-230, title VI, Sec. 652, Apr.

13, 1970, 84 Stat. 186; Pub. L. 93-380, title VI, Sec. 620(1), Aug.

21, 1974, 88 Stat. 585; Pub. L. 94-482, title V, Sec. 501(h), Oct.

12, 1976, 90 Stat. 2237; Pub. L. 98-199, Sec. 3(b), Dec. 2, 1983,

97 Stat. 1358; Pub. L. 99-457, title III, Sec. 315, Oct. 8, 1986,

100 Stat. 1171; Pub. L. 100-630, title I, Sec. 106(c), Nov. 7,

1988, 102 Stat. 3300; Pub. L. 101-476, title VI, Sec. 602, title

IX, Sec. 901(b)(151), (152), Oct. 30, 1990, 104 Stat. 1139, 1149;

Pub. L. 102-119, Sec. 25(b), Oct. 7, 1991, 105 Stat. 607, related

to establishment of a loan service of captioned films, television,

descriptive video, and educational media for individuals with

disabilities, prior to repeal by Pub. L. 105-17, title II, Sec.

203(c), June 4, 1997, 111 Stat. 157, effective Oct. 1, 1997.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1451, 1454 of this title.

-CITE-

20 USC Sec. 1453 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 33 - EDUCATION OF INDIVIDUALS WITH DISABILITIES

SUBCHAPTER IV - NATIONAL ACTIVITIES TO IMPROVE EDUCATION OF

CHILDREN WITH DISABILITIES

Part A - State Program Improvement Grants for Children with

Disabilities

-HEAD-

Sec. 1453. Applications

-STATUTE-

(a) In general

(1) Submission

A State educational agency that desires to receive a grant

under this part shall submit to the Secretary an application at

such time, in such manner, and including such information as the

Secretary may require.

(2) State improvement plan

The application shall include a State improvement plan that -

(A) is integrated, to the maximum extent possible, with State

plans under the Elementary and Secondary Education Act of 1965

(20 U.S.C. 6301 et seq.) and the Rehabilitation Act of 1973 (29

U.S.C. 701 et seq.), as appropriate; and

(B) meets the requirements of this section.

(b) Determining child and program needs

(1) In general

Each State improvement plan shall identify those critical

aspects of early intervention, general education, and special

education programs (including professional development, based on

an assessment of State and local needs) that must be improved to

enable children with disabilities to meet the goals established

by the State under section 1412(a)(16) of this title.

(2) Required analyses

To meet the requirement of paragraph (1), the State improvement

plan shall include at least -

(A) an analysis of all information, reasonably available to

the State educational agency, on the performance of children

with disabilities in the State, including -

(i) their performance on State assessments and other

performance indicators established for all children,

including drop-out rates and graduation rates;

(ii) their participation in postsecondary education and

employment; and

(iii) how their performance on the assessments and

indicators described in clause (i) compares to that of

non-disabled children;

(B) an analysis of State and local needs for professional

development for personnel to serve children with disabilities

that includes, at a minimum -

(i) the number of personnel providing special education and

related services; and

(ii) relevant information on current and anticipated

personnel vacancies and shortages (including the number of

individuals described in clause (i) with temporary

certification), and on the extent of certification or

retraining necessary to eliminate such shortages, that is

based, to the maximum extent possible, on existing

assessments of personnel needs;

recent reviews of State compliance, as they relate to improving

results for children with disabilities; and

(D) an analysis of other information, reasonably available to

the State, on the effectiveness of the State's systems of early

intervention, special education, and general education in

meeting the needs of children with disabilities.

Each State improvement plan shall -

(1) describe a partnership agreement that -

(A) specifies -

(i) the nature and extent of the partnership among the

State educational agency, local educational agencies, and

other State agencies involved in, or concerned with, the

education of children with disabilities, and the respective

roles of each member of the partnership; and

(ii) how such agencies will work in partnership with other

persons and organizations involved in, and concerned with,

the education of children with disabilities, including the

respective roles of each of these persons and organizations;

and

(B) is in effect for the period of the grant;

(2) describe how grant funds will be used in undertaking the

systemic-change activities, and the amount and nature of funds

from any other sources, including part B (subchapter II) funds

retained for use at the State level under sections 1411(f) and

1419(d) of this title, that will be committed to the

systemic-change activities;

(3) describe the strategies the State will use to address the

needs identified under subsection (b) of this section, including

(A) how the State will change State policies and procedures

to address systemic barriers to improving results for children

with disabilities;

(B) how the State will hold local educational agencies and

schools accountable for educational progress of children with

disabilities;

educational agencies and schools to improve results for

children with disabilities;

(D) how the State will address the identified needs for

in-service and pre-service preparation to ensure that all

personnel who work with children with disabilities (including

both professional and paraprofessional personnel who provide

special education, general education, related services, or

early intervention services) have the skills and knowledge

necessary to meet the needs of children with disabilities,

including a description of how -

(i) the State will prepare general and special education

personnel with the content knowledge and collaborative skills

needed to meet the needs of children with disabilities,

including how the State will work with other States on common

certification criteria;

(ii) the State will prepare professionals and

paraprofessionals in the area of early intervention with the

content knowledge and collaborative skills needed to meet the

needs of infants and toddlers with disabilities;

(iii) the State will work with institutions of higher

education and other entities that (on both a pre-service and

an in-service basis) prepare personnel who work with children

with disabilities to ensure that those institutions and

entities develop the capacity to support quality professional

development programs that meet State and local needs;

(iv) the State will work to develop collaborative

agreements with other States for the joint support and

development of programs to prepare personnel for which there

is not sufficient demand within a single State to justify

support or development of such a program of preparation;

(v) the State will work in collaboration with other States,

particularly neighboring States, to address the lack of

uniformity and reciprocity in the credentialing of teachers

and other personnel;

(vi) the State will enhance the ability of teachers and

others to use strategies, such as behavioral interventions,

to address the conduct of children with disabilities that

impedes the learning of children with disabilities and

others;

(vii) the State will acquire and disseminate, to teachers,

administrators, school board members, and related services

personnel, significant knowledge derived from educational

research and other sources, and how the State will, when

appropriate, adopt promising practices, materials, and

technology;

(viii) the State will recruit, prepare, and retain

qualified personnel, including personnel with disabilities

and personnel from groups that are underrepresented in the

fields of regular education, special education, and related

services;

(ix) the plan is integrated, to the maximum extent

possible, with other professional development plans and

activities, including plans and activities developed and

carried out under other Federal and State laws that address

personnel recruitment and training; and

(x) the State will provide for the joint training of

parents and special education, related services, and general

education personnel;

(E) strategies that will address systemic problems identified

in Federal compliance reviews, including shortages of qualified

personnel;

(F) how the State will disseminate results of the local

capacity-building and improvement projects funded under section

1411(f)(4) of this title;

(G) how the State will address improving results for children

with disabilities in the geographic areas of greatest need; and

(H) how the State will assess, on a regular basis, the extent

to which the strategies implemented under this part have been

effective; and

(4) describe how the improvement strategies described in

paragraph (3) will be coordinated with public and private sector

resources.

(d) Competitive awards

(1) In general

The Secretary shall make grants under this part on a

competitive basis.

(2) Priority

The Secretary may give priority to applications on the basis of

need, as indicated by such information as the findings of Federal

compliance reviews.

(e) Peer review

(1) In general

The Secretary shall use a panel of experts who are competent,

by virtue of their training, expertise, or experience, to

evaluate applications under this part.

(2) Composition of panel

A majority of a panel described in paragraph (1) shall be

composed of individuals who are not employees of the Federal

Government.

(3) Payment of fees and expenses of certain members

The Secretary may use available funds appropriated to carry out

this part to pay the expenses and fees of panel members who are

not employees of the Federal Government.

(f) Reporting procedures

Each State educational agency that receives a grant under this

part shall submit performance reports to the Secretary pursuant to

a schedule to be determined by the Secretary, but not more

frequently than annually. The reports shall describe the progress

of the State in meeting the performance goals established under

section 1412(a)(16) of this title, analyze the effectiveness of the

State's strategies in meeting those goals, and identify any changes

in the strategies needed to improve its performance.

-SOURCE-

(Pub. L. 91-230, title VI, Sec. 653, as added Pub. L. 105-17, title

I, Sec. 101, June 4, 1997, 111 Stat. 125.)

-REFTEXT-

REFERENCES IN TEXT

The Elementary and Secondary Education Act of 1965, referred to

in subsec. (a)(2)(A), is Pub. L. 89-10, Apr. 11, 1965, 79 Stat. 27,

as amended, which is classified generally to chapter 70 (Sec. 6301

et seq.) of this title. For complete classification of this Act to

the Code, see Short Title note set out under section 6301 of this

title and Tables.

The Rehabilitation Act of 1973, referred to in subsec. (a)(2)(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-

PRIOR PROVISIONS

A prior section 1453, Pub. L. 91-230, title VI, Sec. 653, Apr.

13, 1970, 84 Stat. 187; Pub. L. 94-142, Sec. 6(b), Nov. 29, 1975,

89 Stat. 795; Pub. L. 99-386, title II, Sec. 204, Aug. 22, 1986,

100 Stat. 823, related to establishment and operation of centers on

educational media and materials for handicapped, prior to repeal by

Pub. L. 99-457, title III, Sec. 316, Oct. 8, 1986, 100 Stat. 1171.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1412, 1413 of this title.

-CITE-

20 USC Sec. 1454 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 33 - EDUCATION OF INDIVIDUALS WITH DISABILITIES

SUBCHAPTER IV - NATIONAL ACTIVITIES TO IMPROVE EDUCATION OF

CHILDREN WITH DISABILITIES

Part A - State Program Improvement Grants for Children with

Disabilities

-HEAD-

Sec. 1454. Use of funds

-STATUTE-

(a) In general

(1) Activities

A State educational agency that receives a grant under this

part may use the grant to carry out any activities that are

described in the State's application and that are consistent with

the purpose of this part.

(2) Contracts and subgrants

Each such State educational agency -

(A) shall, consistent with its partnership agreement under

section 1452(b) of this title, award contracts or subgrants to

local educational agencies, institutions of higher education,

and parent training and information centers, as appropriate, to

carry out its State improvement plan under this part; and

(B) may award contracts and subgrants to other public and

private entities, including the lead agency under subchapter

III of this chapter, to carry out such plan.

(b) Use of funds for professional development

A State educational agency that receives a grant under this part

(1) shall use not less than 75 percent of the funds it receives

under the grant for any fiscal year -

(A) to ensure that there are sufficient regular education,

special education, and related services personnel who have the

skills and knowledge necessary to meet the needs of children

with disabilities and developmental goals of young children; or

(B) to work with other States on common certification

criteria; or

(2) shall use not less than 50 percent of such funds for such

purposes, if the State demonstrates to the Secretary's

satisfaction that it has the personnel described in paragraph

(1)(A).

Public Law 95-134, permitting the consolidation of grants to the

outlying areas, shall not apply to funds received under this part.

-SOURCE-

(Pub. L. 91-230, title VI, Sec. 654, as added Pub. L. 105-17, title

I, Sec. 101, June 4, 1997, 111 Stat. 128.)

-REFTEXT-

REFERENCES IN TEXT

Public Law 95-134, referred to in subsec. (c), is Pub. L. 95-134,

Oct. 15, 1977, 91 Stat. 1159, as amended. Provisions relating to

consolidation of grants to the outlying areas are contained in

section 501 of Pub. L. 95-134 which is classified to section 1469a

of Title 48, Territories and Insular Possessions.

-MISC2-

PRIOR PROVISIONS

A prior section 1454, Pub. L. 91-230, title VI, Sec. 653,

formerly Sec. 654, Apr. 13, 1970, 84 Stat. 187; Pub. L. 93-380,

title VI, Sec. 620(2), Aug. 21, 1974, 88 Stat. 585; Pub. L. 95-49,

Sec. 6, June 17, 1977, 91 Stat. 231; Pub. L. 98-199, Sec. 13, Dec.

2, 1983, 97 Stat. 1374; renumbered Sec. 653 and amended Pub. L.

99-457, title III, Sec. 316, Oct. 8, 1986, 100 Stat. 1171; Pub. L.

101-476, title VI, Sec. 603, Oct. 30, 1990, 104 Stat. 1140,

authorized appropriations, prior to repeal by Pub. L. 105-17, title

II, Sec. 203(c), June 4, 1997, 111 Stat. 157, effective Oct. 1,

1997.

-CITE-

20 USC Sec. 1455 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 33 - EDUCATION OF INDIVIDUALS WITH DISABILITIES

SUBCHAPTER IV - NATIONAL ACTIVITIES TO IMPROVE EDUCATION OF

CHILDREN WITH DISABILITIES

Part A - State Program Improvement Grants for Children with

Disabilities

-HEAD-

Sec. 1455. Minimum State grant amounts

-STATUTE-

(a) In general

The Secretary shall make a grant to each State educational agency

whose application the Secretary has selected for funding under this

part in an amount for each fiscal year that is -

(1) not less than $500,000, nor more than $2,000,000, in the

case of the 50 States, the District of Columbia, and the

Commonwealth of Puerto Rico; and

(2) not less than $80,000, in the case of an outlying area.

(b) Inflation adjustment

Beginning with fiscal year 1999, the Secretary may increase the

maximum amount described in subsection (a)(1) of this section to

account for inflation.

The Secretary shall set the amount of each grant under subsection

(a) of this section after considering -

(1) the amount of funds available for making the grants;

(2) the relative population of the State or outlying area; and

(3) the types of activities proposed by the State or outlying

area.

-SOURCE-

(Pub. L. 91-230, title VI, Sec. 655, as added Pub. L. 105-17, title

I, Sec. 101, June 4, 1997, 111 Stat. 129.)

-CITE-

20 USC Sec. 1456 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 33 - EDUCATION OF INDIVIDUALS WITH DISABILITIES

SUBCHAPTER IV - NATIONAL ACTIVITIES TO IMPROVE EDUCATION OF

CHILDREN WITH DISABILITIES

Part A - State Program Improvement Grants for Children with

Disabilities

-HEAD-

Sec. 1456. Authorization of appropriations

-STATUTE-

There are authorized to be appropriated to carry out this part

such sums as may be necessary for each of the fiscal years 1998

through 2002.

-SOURCE-

(Pub. L. 91-230, title VI, Sec. 656, as added Pub. L. 105-17, title

I, Sec. 101, June 4, 1997, 111 Stat. 129.)

-CITE-

20 USC Part B - Coordinated Research, Personnel

Preparation, Technical Assistance, Support,

and Dissemination of Information 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 33 - EDUCATION OF INDIVIDUALS WITH DISABILITIES

SUBCHAPTER IV - NATIONAL ACTIVITIES TO IMPROVE EDUCATION OF

CHILDREN WITH DISABILITIES

Part B - Coordinated Research, Personnel Preparation, Technical

Assistance, Support, and Dissemination of Information

-HEAD-

Part B - Coordinated Research, Personnel Preparation, Technical

Assistance, Support, and Dissemination of Information

-SECREF-

PART REFERRED TO IN OTHER SECTIONS

This part is referred to in section 1411 of this title.

-CITE-

20 USC Sec. 1461 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 33 - EDUCATION OF INDIVIDUALS WITH DISABILITIES

SUBCHAPTER IV - NATIONAL ACTIVITIES TO IMPROVE EDUCATION OF

CHILDREN WITH DISABILITIES

Part B - Coordinated Research, Personnel Preparation, Technical

Assistance, Support, and Dissemination of Information

-HEAD-

Sec. 1461. Administrative provisions

-STATUTE-

(a) Comprehensive plan

(1) In general

The Secretary shall develop and implement a comprehensive plan

for activities carried out under this part in order to enhance

the provision of educational, related, transitional, and early

intervention services to children with disabilities under

subchapters II and III of this chapter. The plan shall include

mechanisms to address educational, related services,

transitional, and early intervention needs identified by State

educational agencies in applications submitted for State program

improvement grants under part A of this subchapter.

(2) Participants in plan development

In developing the plan described in paragraph (1), the

Secretary shall consult with -

(A) individuals with disabilities;

(B) parents of children with disabilities;

(D) representatives of State and local educational agencies,

private schools, institutions of higher education, other

Federal agencies, the National Council on Disability, and

national organizations with an interest in, and expertise in,

providing services to children with disabilities and their

families.

(3) Public comment

The Secretary shall take public comment on the plan.

(4) Distribution of funds

In implementing the plan, the Secretary shall, to the extent

appropriate, ensure that funds are awarded to recipients under

this part to carry out activities that benefit, directly or

indirectly, children with disabilities of all ages.

(5) Reports to Congress

The Secretary shall periodically report to the Congress on the

Secretary's activities under this subsection, including an

initial report not later than the date that is 18 months after

June 4, 1997.

(b) Eligible applicants

(1) In general

Except as otherwise provided in this part, the following

entities are eligible to apply for a grant, contract, or

cooperative agreement under this part:

(A) A State educational agency.

(B) A local educational agency.

(D) Any other public agency.

(E) A private nonprofit organization.

(F) An outlying area.

(G) An Indian tribe or a tribal organization (as defined

under section 450b of title 25).

(H) A for-profit organization, if the Secretary finds it

appropriate in light of the purposes of a particular

competition for a grant, contract, or cooperative agreement

under this part.

(2) Special rule

The Secretary may limit the entities eligible for an award of a

grant, contract, or cooperative agreement to one or more

categories of eligible entities described in paragraph (1).

Notwithstanding any other provision of law, and in addition to

any authority granted the Secretary under subpart 1 of this part or

subpart 2 of this part, the Secretary may use up to 20 percent of

the funds available under either subpart 1 of this part or subpart

2 of this part for any fiscal year to carry out any activity, or

combination of activities, subject to such conditions as the

Secretary determines are appropriate effectively to carry out the

purposes of such subparts, that -

(1) is consistent with the purposes of subpart 1 of this part,

subpart 2 of this part, or both; and

(2) involves -

(A) research;

(B) personnel preparation;

(D) technical assistance and dissemination;

(E) technology development, demonstration, and utilization;

(F) media services.

(d) Special populations

(1) Application requirement

In making an award of a grant, contract, or cooperative

agreement under this part, the Secretary shall, as appropriate,

require an applicant to demonstrate how the applicant will

address the needs of children with disabilities from minority

backgrounds.

(2) Outreach and technical assistance

(A) Requirement

Notwithstanding any other provision of this chapter, the

Secretary shall ensure that at least one percent of the total

amount of funds appropriated to carry out this part is used for

either or both of the following activities:

(i) To provide outreach and technical assistance to

Historically Black Colleges and Universities, and to

institutions of higher education with minority enrollments of

at least 25 percent, to promote the participation of such

colleges, universities, and institutions in activities under

this part.

(ii) To enable Historically Black Colleges and

Universities, and the institutions described in clause (i),

to assist other colleges, universities, institutions, and

agencies in improving educational and transitional results

for children with disabilities.

(B) Reservation of funds

The Secretary may reserve funds appropriated under this part

to satisfy the requirement of subparagraph (A).

(e) Priorities

(1) In general

Except as otherwise explicitly authorized in this part, the

Secretary shall ensure that a grant, contract, or cooperative

agreement under subpart 1 or 2 of this part is awarded only -

(A) for activities that are designed to benefit children with

disabilities, their families, or the personnel employed to work

with such children or their families; or

(B) to benefit other individuals with disabilities that such

subpart is intended to benefit.

(2) Priority for particular activities

Subject to paragraph (1), the Secretary, in making an award of

a grant, contract, or cooperative agreement under this part, may,

without regard to the rule making procedures under section 553 of

title 5, limit competitions to, or otherwise give priority to -

(A) projects that address one or more -

(i) age ranges;

(ii) disabilities;

(iii) school grades;

(iv) types of educational placements or early intervention

environments;

(v) types of services;

(vi) content areas, such as reading; or

(vii) effective strategies for helping children with

disabilities learn appropriate behavior in the school and

other community-based educational settings;

(B) projects that address the needs of children based on the

severity of their disability;

(i) low-achieving students;

(ii) underserved populations;

(iii) children from low-income families;

(iv) children with limited English proficiency;

(v) unserved and underserved areas;

(vi) particular types of geographic areas; or

(vii) children whose behavior interferes with their

learning and socialization;

(D) projects to reduce inappropriate identification of

children as children with disabilities, particularly among

minority children;

(E) projects that are carried out in particular areas of the

country, to ensure broad geographic coverage; and

(F) any activity that is expressly authorized in subpart 1 or

2 of this part.

(f) Applicant and recipient responsibilities

(1) Development and assessment of projects

The Secretary shall require that an applicant for, and a

recipient of, a grant, contract, or cooperative agreement for a

project under this part -

(A) involve individuals with disabilities or parents of

individuals with disabilities in planning, implementing, and

evaluating the project; and

(B) where appropriate, determine whether the project has any

potential for replication and adoption by other entities.

(2) Additional responsibilities

The Secretary may require a recipient of a grant, contract, or

cooperative agreement for a project under this part -

(A) to share in the cost of the project;

(B) to prepare the research and evaluation findings and

products from the project in formats that are useful for

specific audiences, including parents, administrators,

teachers, early intervention personnel, related services

personnel, and individuals with disabilities;

(D) to collaborate with other such recipients in carrying out

subparagraphs (B) and (C).

(g) Application management

(1) Standing panel

(A) In general

The Secretary shall establish and use a standing panel of

experts who are competent, by virtue of their training,

expertise, or experience, to evaluate applications under this

part that, individually, request more than $75,000 per year in

Federal financial assistance.

(B) Membership

The standing panel shall include, at a minimum -

(i) individuals who are representatives of institutions of

higher education that plan, develop, and carry out programs

of personnel preparation;

(ii) individuals who design and carry out programs of

research targeted to the improvement of special education

programs and services;

(iii) individuals who have recognized experience and

knowledge necessary to integrate and apply research findings

to improve educational and transitional results for children

with disabilities;

(iv) individuals who administer programs at the State or

local level in which children with disabilities participate;

(v) individuals who prepare parents of children with

disabilities to participate in making decisions about the

education of their children;

(vi) individuals who establish policies that affect the

delivery of services to children with disabilities;

(vii) individuals who are parents of children with

disabilities who are benefiting, or have benefited, from

coordinated research, personnel preparation, and technical

assistance; and

(viii) individuals with disabilities.

The Secretary shall provide training to the individuals who

are selected as members of the standing panel under this

paragraph.

(D) Term

No individual shall serve on the standing panel for more than

3 consecutive years, unless the Secretary determines that the

individual's continued participation is necessary for the sound

administration of this part.

(2) Peer-review panels for particular competitions

(A) Composition

The Secretary shall ensure that each sub-panel selected from

the standing panel that reviews applications under this part

includes -

(i) individuals with knowledge and expertise on the issues

addressed by the activities authorized by the (FOOTNOTE 1)

part; and

(FOOTNOTE 1) So in original. Probably should be ''this''.

(ii) to the extent practicable, parents of children with

disabilities, individuals with disabilities, and persons from

diverse backgrounds.

(B) Federal employment limitation

A majority of the individuals on each sub-panel that reviews

an application under this part shall be individuals who are not

employees of the Federal Government.

(3) Use of discretionary funds for administrative purposes

(A) Expenses and fees of non-Federal panel members

The Secretary may use funds available under this part to pay

the expenses and fees of the panel members who are not officers

or employees of the Federal Government.

(B) Administrative support

The Secretary may use not more than 1 percent of the funds

appropriated to carry out this part to pay non-Federal entities

for administrative support related to management of

applications submitted under this part.

The Secretary may use funds available under this part to pay

the expenses of Federal employees to conduct on-site monitoring

of projects receiving $500,000 or more for any fiscal year

under this part.

(h) Program evaluation

The Secretary may use funds appropriated to carry out this part

to evaluate activities carried out under the (FOOTNOTE 1) part.

(i) Minimum funding required

(1) In general

Subject to paragraph (2), the Secretary shall ensure that, for

each fiscal year, at least the following amounts are provided

under this part to address the following needs:

(A) $12,832,000 to address the educational, related services,

transitional, and early intervention needs of children with

deaf-blindness.

(B) $4,000,000 to address the postsecondary, vocational,

technical, continuing, and adult education needs of individuals

with deafness.

and transitional needs of children with an emotional

disturbance and those who are at risk of developing an

emotional disturbance.

(2) Ratable reduction

If the total amount appropriated to carry out sections 1472,

1473, and 1485 of this title for any fiscal year is less than

$130,000,000, the amounts listed in paragraph (1) shall be

ratably reduced.

(j) Eligibility for financial assistance

Effective for fiscal years for which the Secretary may make

grants under section 1419(b) of this title, no State or local

educational agency or educational service agency or other public

institution or agency may receive a grant under this part which

relates exclusively to programs, projects, and activities

pertaining to children aged 3 through 5, inclusive, unless the

State is eligible to receive a grant under section 1419(b) of this

title.

-SOURCE-

(Pub. L. 91-230, title VI, Sec. 661, as added Pub. L. 105-17, title

I, Sec. 101, June 4, 1997, 111 Stat. 130.)

-MISC1-

PRIOR PROVISIONS

A prior section 1461, Pub. L. 91-230, title VI, Sec. 661, as

added Pub. L. 99-457, title III, Sec. 317, Oct. 8, 1986, 100 Stat.

1172; amended Pub. L. 100-630, title I, Sec. 107(b), Nov. 7, 1988,

102 Stat. 3301; Pub. L. 101-476, title VII, Sec. 701, title IX,

Sec. 901(b)(154)-(156), Oct. 30, 1990, 104 Stat. 1140, 1149; Pub.

L. 102-119, Sec. 25(a)(15), (b), Oct. 7, 1991, 105 Stat. 606, 607,

related to financial assistance for the purpose of advancing use of

new technology, media, and materials in education of students with

disabilities and provision of related services and early

intervention services to infants and toddlers with disabilities,

prior to repeal by Pub. L. 105-17, title II, Sec. 203(c), June 4,

1997, 111 Stat. 157, effective Oct. 1, 1997.

Another prior section 1461, Pub. L. 91-230, title VI, Sec. 661,

Apr. 13, 1970, 84 Stat. 187; Pub. L. 93-380, title VI, Sec. 621,

Aug. 21, 1974, 88 Stat. 585; Pub. L. 98-199, Sec. 3(b), Dec. 2,

1983, 97 Stat. 1358, related to research, training, and model

centers respecting special programs for children with specific

learning disabilities, providing in subsec. (a), Secretary's grant

and contract authority, functions of model centers, and

considerations governing making of contracts and grants; subsec.

(b), other considerations in making awards, geographical

distribution of training programs and trained personnel, and a

model center in each State; and subsec. (c), appropriations

authorization of $10, $20, and $20 million dollars for fiscal years

ending June 30, 1975 through 1977, respectively, prior to repeal by

Pub. L. 98-199, Sec. 14, Dec. 2, 1983, 97 Stat. 1374.

A prior section 1462, Pub. L. 91-230, title VI, Sec. 662, as

added Pub. L. 99-457, title III, Sec. 317, Oct. 8, 1986, 100 Stat.

1172; amended Pub. L. 101-476, title VII, Sec. 702, Oct. 30, 1990,

104 Stat. 1141, authorized appropriations, prior to repeal by Pub.

L. 105-17, title II, Sec. 203(c), June 4, 1997, 111 Stat. 157,

effective Oct. 1, 1997.

A prior section 662 of Pub. L. 91-230, title VI, Apr. 13, 1970,

84 Stat. 188, eff. July 1, 1971, repealed sections 611 to 618, 621

to 624, and 871 to 880a of this title, and sections 2491 to 2494

and 2698 to 2698b of Title 42, The Public Health and Welfare, and

amended section 676 of this title, prior to repeal by Pub. L.

98-199, Sec. 14, Dec. 2, 1983, 97 Stat. 1374.

EFFECTIVE DATE

Section effective Oct. 1, 1997, except subsec. (g)(1), (2)

effective Jan. 1, 1998, see section 201(c) of Pub. L. 105-17, set

out as a note under section 1451 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 1417 of this title.

-CITE-

20 USC subpart 1 - improving early intervention,

educational, and transitional services and

results for children with disabilities

through coordinated resear 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 33 - EDUCATION OF INDIVIDUALS WITH DISABILITIES

SUBCHAPTER IV - NATIONAL ACTIVITIES TO IMPROVE EDUCATION OF

CHILDREN WITH DISABILITIES

Part B - Coordinated Research, Personnel Preparation, Technical

Assistance, Support, and Dissemination of Information

subpart 1 - improving early intervention, educational, and

transitional services and results for children with

disabilities through coordinated resear

-HEAD-

subpart 1 - improving early intervention, educational, and

transitional services and results for children with disabilities

through coordinated research and personnel preparation

-SECREF-

SUBPART REFERRED TO IN OTHER SECTIONS

This subpart is referred to in section 1461 of this title.

-CITE-

20 USC Sec. 1471 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 33 - EDUCATION OF INDIVIDUALS WITH DISABILITIES

SUBCHAPTER IV - NATIONAL ACTIVITIES TO IMPROVE EDUCATION OF

CHILDREN WITH DISABILITIES

Part B - Coordinated Research, Personnel Preparation, Technical

Assistance, Support, and Dissemination of Information

subpart 1 - improving early intervention, educational, and

transitional services and results for children with

disabilities through coordinated resear

-HEAD-

Sec. 1471. Findings and purpose

-STATUTE-

(a) Findings

The Congress finds the following:

(1) The Federal Government has an ongoing obligation to support

programs, projects, and activities that contribute to positive

results for children with disabilities, enabling them -

(A) to meet their early intervention, educational, and

transitional goals and, to the maximum extent possible,

educational standards that have been established for all

children; and

(B) to acquire the skills that will empower them to lead

productive and independent adult lives.

(2)(A) As a result of more than 20 years of Federal support for

research, demonstration projects, and personnel preparation,

there is an important knowledge base for improving results for

children with disabilities.

(B) Such knowledge should be used by States and local

educational agencies to design and implement state-of-the-art

educational systems that consider the needs of, and include,

children with disabilities, especially in environments in which

they can learn along with their peers and achieve results

measured by the same standards as the results of their peers.

(3)(A) Continued Federal support is essential for the

development and maintenance of a coordinated and high-quality

program of research, demonstration projects, dissemination of

information, and personnel preparation.

(B) Such support -

(i) enables State educational agencies and local educational

agencies to improve their educational systems and results for

children with disabilities;

(ii) enables State and local agencies to improve early

intervention services and results for infants and toddlers with

disabilities and their families; and

(iii) enhances the opportunities for general and special

education personnel, related services personnel, parents, and

paraprofessionals to participate in pre-service and in-service

training, to collaborate, and to improve results for children

with disabilities and their families.

(4) The Federal Government plays a critical role in

facilitating the availability of an adequate number of qualified

personnel -

(A) to serve effectively the over 5,000,000 children with

disabilities;

(B) to assume leadership positions in administrative and

direct-service capacities related to teacher training and

research concerning the provision of early intervention

services, special education, and related services; and

their families.

(5) The Federal Government performs the role described in

paragraph (4) -

(A) by supporting models of personnel development that

reflect successful practice, including strategies for

recruiting, preparing, and retaining personnel;

(B) by promoting the coordination and integration of -

(i) personnel-development activities for teachers of

children with disabilities; and

(ii) other personnel-development activities supported under

Federal law, including this subpart;

information about teaching standards; and

(D) by promoting the coordination and integration of

personnel-development activities through linkage with

systemic-change activities within States and nationally.

(b) Purpose

The purpose of this subpart is to provide Federal funding for

coordinated research, demonstration projects, outreach, and

personnel-preparation activities that -

(1) are described in sections 1472 through 1474 of this title;

(2) are linked with, and promote, systemic change; and

(3) improve early intervention, educational, and transitional

results for children with disabilities.

-SOURCE-

(Pub. L. 91-230, title VI, Sec. 671, as added Pub. L. 105-17, title

I, Sec. 101, June 4, 1997, 111 Stat. 135.)

-MISC1-

PRIOR PROVISIONS

A prior section 1471, Pub. L. 91-230, title VI, Sec. 671, as

added Pub. L. 99-457, title I, Sec. 101(a), Oct. 8, 1986, 100 Stat.

1145; amended Pub. L. 100-630, title I, Sec. 108(a), Nov. 7, 1988,

102 Stat. 3301; Pub. L. 101-476, title IX, Sec. 901(b)(158)-(161),

Oct. 30, 1990, 104 Stat. 1149; Pub. L. 102-119, Sec. 11, 25(a)(16),

(b), Oct. 7, 1991, 105 Stat. 595, 606, 607, related to

congressional findings and policy with regard to early intervention

services for infants and toddlers with disabilities and their

families, prior to repeal by Pub. L. 105-17, title II, Sec. 203(b),

June 4, 1997, 111 Stat. 157, effective July 1, 1998.

-CITE-

20 USC Sec. 1472 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 33 - EDUCATION OF INDIVIDUALS WITH DISABILITIES

SUBCHAPTER IV - NATIONAL ACTIVITIES TO IMPROVE EDUCATION OF

CHILDREN WITH DISABILITIES

Part B - Coordinated Research, Personnel Preparation, Technical

Assistance, Support, and Dissemination of Information

subpart 1 - improving early intervention, educational, and

transitional services and results for children with

disabilities through coordinated resear

-HEAD-

Sec. 1472. Research and innovation to improve services and results

for children with disabilities

-STATUTE-

(a) In general

The Secretary shall make competitive grants to, or enter into

contracts or cooperative agreements with, eligible entities to

produce, and advance the use of, knowledge -

(1) to improve -

(A) services provided under this chapter, including the

practices of professionals and others involved in providing

such services to children with disabilities; and

(B) educational results for children with disabilities;

(2) to address the special needs of preschool-aged children and

infants and toddlers with disabilities, including infants and

toddlers who would be at risk of having substantial developmental

delays if early intervention services were not provided to them;

(3) to address the specific problems of over-identification and

under-identification of children with disabilities;

(4) to develop and implement effective strategies for

addressing inappropriate behavior of students with disabilities

in schools, including strategies to prevent children with

emotional and behavioral problems from developing emotional

disturbances that require the provision of special education and

related services;

(5) to improve secondary and postsecondary education and

transitional services for children with disabilities; and

(6) to address the range of special education, related

services, and early intervention needs of children with

disabilities who need significant levels of support to maximize

their participation and learning in school and in the community.

(b) New knowledge production; authorized activities

(1) In general

In carrying out this section, the Secretary shall support

activities, consistent with the objectives described in

subsection (a) of this section, that lead to the production of

new knowledge.

(2) Authorized activities

Activities that may be carried out under this subsection

include activities such as the following:

(A) Expanding understanding of the relationships between

learning characteristics of children with disabilities and the

diverse ethnic, cultural, linguistic, social, and economic

backgrounds of children with disabilities and their families.

(B) Developing or identifying innovative, effective, and

efficient curricula designs, instructional approaches, and

strategies, and developing or identifying positive academic and

social learning opportunities, that -

(i) enable children with disabilities to make effective

transitions described in section 1474(b)(3)(C) of this title

or transitions between educational settings; and

(ii) improve educational and transitional results for

children with disabilities at all levels of the educational

system in which the activities are carried out and, in

particular, that improve the progress of the children, as

measured by assessments within the general education

curriculum involved.

that will accurately and efficiently determine the special

instructional, learning, and behavioral needs of children with

disabilities, especially within the context of general

education.

(D) Studying and promoting improved alignment and

compatibility of general and special education reforms

concerned with curricular and instructional reform, evaluation

and accountability of such reforms, and administrative

procedures.

(E) Advancing the design, development, and integration of

technology, assistive technology devices, media, and materials,

to improve early intervention, educational, and transitional

services and results for children with disabilities.

(F) Improving designs, processes, and results of personnel

preparation for personnel who provide services to children with

disabilities through the acquisition of information on, and

implementation of, research-based practices.

(G) Advancing knowledge about the coordination of education

with health and social services.

(H) Producing information on the long-term impact of early

intervention and education on results for individuals with

disabilities through large-scale longitudinal studies.

(1) In general

In carrying out this section, the Secretary shall support

activities, consistent with the objectives described in

subsection (a) of this section, that integrate research and

practice, including activities that support State systemic-change

and local capacity-building and improvement efforts.

(2) Authorized activities

Activities that may be carried out under this subsection

include activities such as the following:

(A) Model demonstration projects to apply and test research

findings in typical service settings to determine the

usability, effectiveness, and general applicability of such

research findings in such areas as improving instructional

methods, curricula, and tools, such as textbooks and media.

(B) Demonstrating and applying research-based findings to

facilitate systemic changes, related to the provision of

services to children with disabilities, in policy, procedure,

practice, and the training and use of personnel.

intervention and educational services for children with

disabilities with services provided by health, rehabilitation,

and social service agencies.

(D) Identifying and disseminating solutions that overcome

systemic barriers to the effective and efficient delivery of

early intervention, educational, and transitional services to

children with disabilities.

(d) Improving use of professional knowledge; authorized activities

(1) In general

In carrying out this section, the Secretary shall support

activities, consistent with the objectives described in

subsection (a) of this section, that improve the use of

professional knowledge, including activities that support State

systemic-change and local capacity-building and improvement

efforts.

(2) Authorized activities

Activities that may be carried out under this subsection

include activities such as the following:

(A) Synthesizing useful research and other information

relating to the provision of services to children with

disabilities, including effective practices.

(B) Analyzing professional knowledge bases to advance an

understanding of the relationships, and the effectiveness of

practices, relating to the provision of services to children

with disabilities.

appropriate formats for distribution to teachers, parents, and

individuals with disabilities.

(D) Enabling professionals, parents of children with

disabilities, and other persons, to learn about, and implement,

the findings of research, and successful practices developed in

model demonstration projects, relating to the provision of

services to children with disabilities.

(E) Conducting outreach, and disseminating information

relating to successful approaches to overcoming systemic

barriers to the effective and efficient delivery of early

intervention, educational, and transitional services, to

personnel who provide services to children with disabilities.

(e) Balance among activities and age ranges

In carrying out this section, the Secretary shall ensure that

there is an appropriate balance -

(1) among knowledge production, integration of research and

practice, and use of professional knowledge; and

(2) across all age ranges of children with disabilities.

(f) Applications

An eligible entity that wishes to receive a grant, or enter into

a contract or cooperative agreement, under this section shall

submit an application to the Secretary at such time, in such

manner, and containing such information as the Secretary may

require.

(g) Authorization of appropriations

There are authorized to be appropriated to carry out this section

such sums as may be necessary for each of the fiscal years 1998

through 2002.

-SOURCE-

(Pub. L. 91-230, title VI, Sec. 672, as added Pub. L. 105-17, title

I, Sec. 101, June 4, 1997, 111 Stat. 136.)

-MISC1-

PRIOR PROVISIONS

A prior section 1472, Pub. L. 91-230, title VI, Sec. 672, as

added Pub. L. 99-457, title I, Sec. 101(a), Oct. 8, 1986, 100 Stat.

1146; amended Pub. L. 100-630, title I, Sec. 108(b), Nov. 7, 1988,

102 Stat. 3301; Pub. L. 101-476, title VIII, Sec. 801, title IX,

Sec. 901(b)(162), (163), Oct. 30, 1990, 104 Stat. 1141, 1149; Pub.

L. 102-119, Sec. 12, 25(b), Oct. 7, 1991, 105 Stat. 595, 607,

related to definitions, prior to repeal by Pub. L. 105-17, title

II, Sec. 203(b), June 4, 1997, 111 Stat. 157, effective July 1,

1998.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1461, 1471 of this title.

-CITE-

20 USC Sec. 1473 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 33 - EDUCATION OF INDIVIDUALS WITH DISABILITIES

SUBCHAPTER IV - NATIONAL ACTIVITIES TO IMPROVE EDUCATION OF

CHILDREN WITH DISABILITIES

Part B - Coordinated Research, Personnel Preparation, Technical

Assistance, Support, and Dissemination of Information

subpart 1 - improving early intervention, educational, and

transitional services and results for children with

disabilities through coordinated resear

-HEAD-

Sec. 1473. Personnel preparation to improve services and results

for children with disabilities

-STATUTE-

(a) In general

The Secretary shall, on a competitive basis, make grants to, or

enter into contracts or cooperative agreements with, eligible

entities -

(1) to help address State-identified needs for qualified

personnel in special education, related services, early

intervention, and regular education, to work with children with

disabilities; and

(2) to ensure that those personnel have the skills and

knowledge, derived from practices that have been determined,

through research and experience, to be successful, that are

needed to serve those children.

(b) Low-incidence disabilities; authorized activities

(1) In general

In carrying out this section, the Secretary shall support

activities, consistent with the objectives described in

subsection (a) of this section, that benefit children with

low-incidence disabilities.

(2) Authorized activities

Activities that may be carried out under this subsection

include activities such as the following:

(A) Preparing persons who -

(i) have prior training in educational and other related

service fields; and

(ii) are studying to obtain degrees, certificates, or

licensure that will enable them to assist children with

disabilities to achieve the objectives set out in their

individualized education programs described in section

1414(d) of this title, or to assist infants and toddlers with

disabilities to achieve the outcomes described in their

individualized family service plans described in section 1436

of this title.

(B) Providing personnel from various disciplines with

interdisciplinary training that will contribute to improvement

in early intervention, educational, and transitional results

for children with disabilities.

application of technology to enhance learning by children with

disabilities through early intervention, educational, and

transitional services.

(D) Preparing personnel who provide services to visually

impaired or blind children to teach and use Braille in the

provision of services to such children.

(E) Preparing personnel to be qualified educational

interpreters, to assist children with disabilities,

particularly deaf and hard-of-hearing children in school and

school-related activities and deaf and hard-of-hearing infants

and toddlers and preschool children in early intervention and

preschool programs.

(F) Preparing personnel who provide services to children with

significant cognitive disabilities and children with multiple

disabilities.

(3) ''Low-incidence disability'' defined

As used in this section, the term ''low-incidence disability''

means -

(A) a visual or hearing impairment, or simultaneous visual

and hearing impairments;

(B) a significant cognitive impairment; or

highly specialized skills and knowledge are needed in order for

children with that impairment to receive early intervention

services or a free appropriate public education.

(4) Selection of recipients

In selecting recipients under this subsection, the Secretary

may give preference to applications that propose to prepare

personnel in more than one low-incidence disability, such as

deafness and blindness.

(5) Preparation in use of Braille

The Secretary shall ensure that all recipients of assistance

under this subsection who will use that assistance to prepare

personnel to provide services to visually impaired or blind

children that can appropriately be provided in Braille will

prepare those individuals to provide those services in Braille.

(1) In general

In carrying out this section, the Secretary shall support

leadership preparation activities that are consistent with the

objectives described in subsection (a) of this section.

(2) Authorized activities

Activities that may be carried out under this subsection

include activities such as the following:

(A) Preparing personnel at the advanced graduate, doctoral,

and postdoctoral levels of training to administer, enhance, or

provide services for children with disabilities.

(B) Providing interdisciplinary training for various types of

leadership personnel, including teacher preparation faculty,

administrators, researchers, supervisors, principals, and other

persons whose work affects early intervention, educational, and

transitional services for children with disabilities.

(d) Projects of national significance; authorized activities

(1) In general

In carrying out this section, the Secretary shall support

activities, consistent with the objectives described in

subsection (a) of this section, that are of national significance

and have broad applicability.

(2) Authorized activities

Activities that may be carried out under this subsection

include activities such as the following:

(A) Developing and demonstrating effective and efficient

practices for preparing personnel to provide services to

children with disabilities, including practices that address

any needs identified in the State's improvement plan under

subchapter III of this chapter;

(B) Demonstrating the application of significant knowledge

derived from research and other sources in the development of

programs to prepare personnel to provide services to children

with disabilities.

interdisciplinary training of, early intervention, special

education, and general education personnel, to enable the

personnel -

(i) to acquire the collaboration skills necessary to work

within teams to assist children with disabilities; and

(ii) to achieve results that meet challenging standards,

particularly within the general education curriculum.

(D) Demonstrating models that reduce shortages of teachers,

and personnel from other relevant disciplines, who serve

children with disabilities, through reciprocity arrangements

between States that are related to licensure and certification.

(E) Developing, evaluating, and disseminating model teaching

standards for persons working with children with disabilities.

(F) Promoting the transferability, across State and local

jurisdictions, of licensure and certification of teachers and

administrators working with such children.

(G) Developing and disseminating models that prepare teachers

with strategies, including behavioral interventions, for

addressing the conduct of children with disabilities that

impedes their learning and that of others in the classroom.

(H) Institutes that provide professional development that

addresses the needs of children with disabilities to teachers

or teams of teachers, and where appropriate, to school board

members, administrators, principals, pupil-service personnel,

and other staff from individual schools.

(I) Projects to improve the ability of general education

teachers, principals, and other administrators to meet the

needs of children with disabilities.

(J) Developing, evaluating, and disseminating innovative

models for the recruitment, induction, retention, and

assessment of new, qualified teachers, especially from groups

that are underrepresented in the teaching profession, including

individuals with disabilities.

(K) Supporting institutions of higher education with minority

enrollments of at least 25 percent for the purpose of preparing

personnel to work with children with disabilities.

(e) High-incidence disabilities; authorized activities

(1) In general

In carrying out this section, the Secretary shall support

activities, consistent with the objectives described in

subsection (a) of this section, to benefit children with

high-incidence disabilities, such as children with specific

learning disabilities, speech or language impairment, or mental

retardation.

(2) Authorized activities

Activities that may be carried out under this subsection

include the following:

(A) Activities undertaken by institutions of higher

education, local educational agencies, and other local entities

(i) to improve and reform their existing programs to

prepare teachers and related services personnel -

(I) to meet the diverse needs of children with

disabilities for early intervention, educational, and

transitional services; and

(II) to work collaboratively in regular classroom

settings; and

(ii) to incorporate best practices and research-based

knowledge about preparing personnel so they will have the

knowledge and skills to improve educational results for

children with disabilities.

(B) Activities incorporating innovative strategies to recruit

and prepare teachers and other personnel to meet the needs of

areas in which there are acute and persistent shortages of

personnel.

receive training as special education teachers, related

services personnel, and early intervention personnel, including

interdisciplinary training to enable them to improve early

intervention, educational, and transitional results for

children with disabilities.

(f) Applications

(1) In general

Any eligible entity that wishes to receive a grant, or enter

into a contract or cooperative agreement, under this section

shall submit an application to the Secretary at such time, in

such manner, and containing such information as the Secretary may

require.

(2) Identified State needs

(A) Requirement to address identified needs

Any application under subsection (b), (c), or (e) of this

section shall include information demonstrating to the

satisfaction of the Secretary that the activities described in

the application will address needs identified by the State or

States the applicant proposes to serve.

(B) Cooperation with State educational agencies

Any applicant that is not a local educational agency or a

State educational agency shall include information

demonstrating to the satisfaction of the Secretary that the

applicant and one or more State educational agencies have

engaged in a cooperative effort to plan the project to which

the application pertains, and will cooperate in carrying out

and monitoring the project.

(3) Acceptance by States of personnel preparation requirements

The Secretary may require applicants to provide letters from

one or more States stating that the States -

(A) intend to accept successful completion of the proposed

personnel preparation program as meeting State personnel

standards for serving children with disabilities or serving

infants and toddlers with disabilities; and

(B) need personnel in the area or areas in which the

applicant proposes to provide preparation, as identified in the

States' comprehensive systems of personnel development under

subchapters II and III of this chapter.

(g) Selection of recipients

(1) Impact of project

In selecting recipients under this section, the Secretary may

consider the impact of the project proposed in the application in

meeting the need for personnel identified by the States.

(2) Requirement on applicants to meet State and professional

standards

The Secretary shall make grants under this section only to

eligible applicants that meet State and professionally-recognized

standards for the preparation of special education and related

services personnel, if the purpose of the project is to assist

personnel in obtaining degrees.

(3) Preferences

In selecting recipients under this section, the Secretary may -

(A) give preference to institutions of higher education that

are educating regular education personnel to meet the needs of

children with disabilities in integrated settings and educating

special education personnel to work in collaboration with

regular educators in integrated settings; and

(B) give preference to institutions of higher education that

are successfully recruiting and preparing individuals with

disabilities and individuals from groups that are

underrepresented in the profession for which they are preparing

individuals.

(h) Service obligation

(1) In general

Each application for funds under subsections (b) and (e) of

this section, and to the extent appropriate subsection (d) of

this section, shall include an assurance that the applicant will

ensure that individuals who receive a scholarship under the

proposed project will subsequently provide special education and

related services to children with disabilities for a period of 2

years for every year for which assistance was received or repay

all or part of the cost of that assistance, in accordance with

regulations issued by the Secretary.

(2) Leadership preparation

Each application for funds under subsection (c) of this section

shall include an assurance that the applicant will ensure that

individuals who receive a scholarship under the proposed project

will subsequently perform work related to their preparation for a

period of 2 years for every year for which assistance was

received or repay all or part of such costs, in accordance with

regulations issued by the Secretary.

(i) Scholarships

The Secretary may include funds for scholarships, with necessary

stipends and allowances, in awards under subsections (b), (c), (d),

and (e) of this section.

(j) Authorization of appropriations

There are authorized to be appropriated to carry out this section

such sums as may be necessary for each of the fiscal years 1998

through 2002.

-SOURCE-

(Pub. L. 91-230, title VI, Sec. 673, as added Pub. L. 105-17, title

I, Sec. 101, June 4, 1997, 111 Stat. 139.)

-MISC1-

PRIOR PROVISIONS

A prior section 1473, Pub. L. 91-230, title VI, Sec. 673, as

added Pub. L. 99-457, title I, Sec. 101(a), Oct. 8, 1986, 100 Stat.

1147; amended Pub. L. 101-476, title IX, Sec. 901(b)(164), Oct. 30,

1990, 104 Stat. 1150; Pub. L. 102-119, Sec. 25(b), Oct. 7, 1991,

105 Stat. 607, related to general authority of Secretary to make

grants to States for development of system to provide early

intervention services for infants and toddlers with disabilities

and their families, prior to repeal by Pub. L. 105-17, title II,

Sec. 203(b), June 4, 1997, 111 Stat. 157, effective July 1, 1998.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1417, 1461, 1471 of this

title.

-CITE-

20 USC Sec. 1474 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 33 - EDUCATION OF INDIVIDUALS WITH DISABILITIES

SUBCHAPTER IV - NATIONAL ACTIVITIES TO IMPROVE EDUCATION OF

CHILDREN WITH DISABILITIES

Part B - Coordinated Research, Personnel Preparation, Technical

Assistance, Support, and Dissemination of Information

subpart 1 - improving early intervention, educational, and

transitional services and results for children with

disabilities through coordinated resear

-HEAD-

Sec. 1474. Studies and evaluations

-STATUTE-

(a) Studies and evaluations

(1) In general

The Secretary shall, directly or through grants, contracts, or

cooperative agreements, assess the progress in the implementation

of this chapter, including the effectiveness of State and local

efforts to provide -

(A) a free appropriate public education to children with

disabilities; and

(B) early intervention services to infants and toddlers with

disabilities and infants and toddlers who would be at risk of

having substantial developmental delays if early intervention

services were not provided to them.

(2) Authorized activities

In carrying out this subsection, the Secretary may support

studies, evaluations, and assessments, including studies that -

(A) analyze measurable impact, outcomes, and results achieved

by State educational agencies and local educational agencies

through their activities to reform policies, procedures, and

practices designed to improve educational and transitional

services and results for children with disabilities;

(B) analyze State and local needs for professional

development, parent training, and other appropriate activities

that can reduce the need for disciplinary actions involving

children with disabilities;

for children with disabilities from minority backgrounds,

including -

(i) data on -

(I) the number of minority children who are referred for

special education evaluation;

(II) the number of minority children who are receiving

special education and related services and their

educational or other service placement; and

(III) the number of minority children who graduated from

secondary and postsecondary education programs; and

(ii) the performance of children with disabilities from

minority backgrounds on State assessments and other

performance indicators established for all students;

(D) measure educational and transitional services and results

of children with disabilities under this chapter, including

longitudinal studies that -

(i) examine educational and transitional services and

results for children with disabilities who are 3 through 17

years of age and are receiving special education and related

services under this chapter, using a national, representative

sample of distinct age cohorts and disability categories; and

(ii) examine educational results, postsecondary placement,

and employment status of individuals with disabilities, 18

through 21 years of age, who are receiving or have received

special education and related services under this chapter;

and

(E) identify and report on the placement of children with

disabilities by disability category.

(b) National assessment

(1) In general

The Secretary shall carry out a national assessment of

activities carried out with Federal funds under this chapter in

order -

(A) to determine the effectiveness of this chapter in

achieving its purposes;

(B) to provide information to the President, the Congress,

the States, local educational agencies, and the public on how

to implement the (FOOTNOTE 1) chapter more effectively; and

(FOOTNOTE 1) So in original. Probably should be ''this''.

information that will be useful in developing legislation to

achieve the purposes of this chapter more effectively.

(2) Consultation

The Secretary shall plan, review, and conduct the national

assessment under this subsection in consultation with

researchers, State practitioners, local practitioners, parents of

children with disabilities, individuals with disabilities, and

other appropriate individuals.

(3) Scope of assessment

The national assessment shall examine how well schools, local

educational agencies, States, other recipients of assistance

under this chapter, and the Secretary are achieving the purposes

of this chapter, including -

(A) improving the performance of children with disabilities

in general scholastic activities and assessments as compared to

nondisabled children;

(B) providing for the participation of children with

disabilities in the general curriculum;

transitions from -

(i) early intervention services to preschool education;

(ii) preschool education to elementary school; and

(iii) secondary school to adult life;

(D) placing and serving children with disabilities, including

minority children, in the least restrictive environment

appropriate;

(E) preventing children with disabilities, especially

children with emotional disturbances and specific learning

disabilities, from dropping out of school;

(F) addressing behavioral problems of children with

disabilities as compared to nondisabled children;

(G) coordinating services provided under this chapter with

each other, with other educational and pupil services

(including preschool services), and with health and social

services funded from other sources;

(H) providing for the participation of parents of children

with disabilities in the education of their children; and

(I) resolving disagreements between education personnel and

parents through activities such as mediation.

(4) Interim and final reports

The Secretary shall submit to the President and the Congress -

(A) an interim report that summarizes the preliminary

findings of the assessment not later than October 1, 1999; and

(B) a final report of the findings of the assessment not

later than October 1, 2001.

The Secretary shall report annually to the Congress on -

(1) an analysis and summary of the data reported by the States

and the Secretary of the Interior under section 1418 of this

title;

(2) the results of activities conducted under subsection (a) of

this section;

(3) the findings and determinations resulting from reviews of

State implementation of this chapter.

(d) Technical assistance to LEA

The Secretary shall provide directly, or through grants,

contracts, or cooperative agreements, technical assistance to local

educational agencies to assist them in carrying out local

capacity-building and improvement projects under section 1411(f)(4)

of this title and other LEA systemic improvement activities under

this chapter.

(e) Reservation for studies and technical assistance

(1) In general

Except as provided in paragraph (2) and notwithstanding any

other provision of this chapter, the Secretary may reserve up to

one-half of one percent of the amount appropriated under

subchapters II and III of this chapter for each fiscal year to

carry out this section.

(2) Maximum amount

For the first fiscal year in which the amount described in

paragraph (1) is at least $20,000,000, the maximum amount the

Secretary may reserve under paragraph (1) is $20,000,000. For

each subsequent fiscal year, the maximum amount the Secretary may

reserve under paragraph (1) is $20,000,000, increased by the

cumulative rate of inflation since the fiscal year described in

the previous sentence.

(3) Use of maximum amount

In any fiscal year described in paragraph (2) for which the

Secretary reserves the maximum amount described in that

paragraph, the Secretary shall use at least half of the reserved

amount for activities under subsection (d) of this section.

-SOURCE-

(Pub. L. 91-230, title VI, Sec. 674, as added Pub. L. 105-17, title

I, Sec. 101, June 4, 1997, 111 Stat. 143.)

-MISC1-

PRIOR PROVISIONS

Prior sections 1474 to 1480 were repealed by Pub. L. 105-17,

title II, Sec. 203(b), June 4, 1997, 111 Stat. 157, effective July

1, 1998.

Section 1474, Pub. L. 91-230, title VI, Sec. 674, as added Pub.

L. 99-457, title I, Sec. 101(a), Oct. 8, 1986, 100 Stat. 1147,

related to general eligibility.

Section 1475, Pub. L. 91-230, title VI, Sec. 675, as added Pub.

L. 99-457, title I, Sec. 101(a), Oct. 8, 1986, 100 Stat. 1147;

amended Pub. L. 100-630, title I, Sec. 108(c), Nov. 7, 1988, 102

Stat. 3301; Pub. L. 101-476, title IX, Sec. 901(b)(165), Oct. 30,

1990, 104 Stat. 1150; Pub. L. 102-52, Sec. 10, June 6, 1991, 105

Stat. 263; Pub. L. 102-119, Sec. 19(c), 25(b), Oct. 7, 1991, 105

Stat. 601, 607, related to continuing eligibility.

Section 1476, Pub. L. 91-230, title VI, Sec. 675, as added Pub.

L. 99-457, title I, Sec. 101(a), Oct. 8, 1986, 100 Stat. 1147;

amended Pub. L. 100-630, title I, Sec. 108(c), Nov. 7, 1988, 102

Stat. 3301; Pub. L. 101-476, title IX, Sec. 901(b)(165), Oct. 30,

1990, 104 Stat. 1150; Pub. L. 102-52, Sec. 10, June 6, 1991, 105

Stat. 263; Pub. L. 102-119, Sec. 19(c), 25(b), Oct. 7, 1991, 105

Stat. 601, 607, related to the minimum components for a statewide

system providing early intervention services to infants and

toddlers with disabilities and their families.

Section 1477, Pub. L. 91-230, title VI, Sec. 677, as added Pub.

L. 99-457, title I, Sec. 101(a), Oct. 8, 1986, 100 Stat. 1149;

amended Pub. L. 100-630, title I, Sec. 108(f), Nov. 7, 1988, 102

Stat. 3301; Pub. L. 101-476, title IX, Sec. 901(b)(174)-(176), Oct.

30, 1990, 104 Stat. 1150; Pub. L. 102-119, Sec. 14, 25(b), Oct. 7,

1991, 105 Stat. 597, 607, related to the individualized family

service plan.

Section 1478, Pub. L. 91-230, title VI, Sec. 678, as added Pub.

L. 99-457, title I, Sec. 101(a), Oct. 8, 1986, 100 Stat. 1150;

amended Pub. L. 100-630, title I, Sec. 108(g), Nov. 7, 1988, 102

Stat. 3302; Pub. L. 101-476, title IX, Sec. 901(b)(177), Oct. 30,

1990, 104 Stat. 1150; Pub. L. 102-119, Sec. 15, 25(b), Oct. 7,

1991, 105 Stat. 597, 607, related to contents of State application,

statement of assurances, and approval process.

Section 1479, Pub. L. 91-230, title VI, Sec. 679, as added Pub.

L. 99-457, title I, Sec. 101(a), Oct. 8, 1986, 100 Stat. 1151;

amended Pub. L. 100-630, title I, Sec. 108(h), Nov. 7, 1988, 102

Stat. 3302; Pub. L. 101-476, title IX, Sec. 901(b)(178), Oct. 30,

1990, 104 Stat. 1150; Pub. L. 102-119, Sec. 16, 25(b), Oct. 7,

1991, 105 Stat. 598, 607, related to permissible uses of funds.

Section 1480, Pub. L. 91-230, title VI, Sec. 680, as added Pub.

L. 99-457, title I, Sec. 101(a), Oct. 8, 1986, 100 Stat. 1152;

amended Pub. L. 100-630, title I, Sec. 108(i), Nov. 7, 1988, 102

Stat. 3302; Pub. L. 101-476, title IX, Sec. 901(b)(179), (180),

Oct. 30, 1990, 104 Stat. 1150; Pub. L. 102-119, Sec. 17, 25(b),

Oct. 7, 1991, 105 Stat. 598, 607, related to procedural safeguards.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1411, 1419, 1451, 1471,

1472, 1481 of this title.

-CITE-

20 USC subpart 2 - improving early intervention,

educational, and transitional services and

results for children with disabilities

through coordinated techni 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 33 - EDUCATION OF INDIVIDUALS WITH DISABILITIES

SUBCHAPTER IV - NATIONAL ACTIVITIES TO IMPROVE EDUCATION OF

CHILDREN WITH DISABILITIES

Part B - Coordinated Research, Personnel Preparation, Technical

Assistance, Support, and Dissemination of Information

subpart 2 - improving early intervention, educational, and

transitional services and results for children with

disabilities through coordinated techni

-HEAD-

subpart 2 - improving early intervention, educational, and

transitional services and results for children with disabilities

through coordinated technical assistance, support, and

dissemination of information

-SECREF-

SUBPART REFERRED TO IN OTHER SECTIONS

This subpart is referred to in section 1461 of this title.

-CITE-

20 USC Sec. 1481 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 33 - EDUCATION OF INDIVIDUALS WITH DISABILITIES

SUBCHAPTER IV - NATIONAL ACTIVITIES TO IMPROVE EDUCATION OF

CHILDREN WITH DISABILITIES

Part B - Coordinated Research, Personnel Preparation, Technical

Assistance, Support, and Dissemination of Information

subpart 2 - improving early intervention, educational, and

transitional services and results for children with

disabilities through coordinated techni

-HEAD-

Sec. 1481. Findings and purposes

-STATUTE-

(a) In general

The Congress finds as follows:

(1) National technical assistance, support, and dissemination

activities are necessary to ensure that subchapters II and III of

this chapter are fully implemented and achieve quality early

intervention, educational, and transitional results for children

with disabilities and their families.

(2) Parents, teachers, administrators, and related services

personnel need technical assistance and information in a timely,

coordinated, and accessible manner in order to improve early

intervention, educational, and transitional services and results

at the State and local levels for children with disabilities and

their families.

(3) Parent training and information activities have taken on

increased importance in efforts to assist parents of a child with

a disability in dealing with the multiple pressures of rearing

such a child and are of particular importance in -

(A) ensuring the involvement of such parents in planning and

decisionmaking with respect to early intervention, educational,

and transitional services;

(B) achieving quality early intervention, educational, and

transitional results for children with disabilities;

protections under this chapter to ensure improved early

intervention, educational, and transitional results for

children with disabilities;

(D) assisting such parents in the development of skills to

participate effectively in the education and development of

their children and in the transitions described in section

1474(b)(3)(C) of this title; and

(E) supporting the roles of such parents as participants

within partnerships seeking to improve early intervention,

educational, and transitional services and results for children

with disabilities and their families.

(4) Providers of parent training and information activities

need to ensure that such parents who have limited access to

services and supports, due to economic, cultural, or linguistic

barriers, are provided with access to appropriate parent training

and information activities.

(5) Parents of children with disabilities need information that

helps the parents to understand the rights and responsibilities

of their children under subchapter II of this chapter.

(6) The provision of coordinated technical assistance and

dissemination of information to State and local agencies,

institutions of higher education, and other providers of services

to children with disabilities is essential in -

(A) supporting the process of achieving systemic change;

(B) supporting actions in areas of priority specific to the

improvement of early intervention, educational, and

transitional results for children with disabilities;

(i) based on current research (as of the date the

information and assistance are conveyed);

(ii) accessible and meaningful for use in supporting

systemic-change activities of State and local partnerships;

and

(iii) linked directly to improving early intervention,

educational, and transitional services and results for

children with disabilities and their families; and

(D) organizing systems and information networks for such

information, based on modern technology related to -

(i) storing and gaining access to information; and

(ii) distributing information in a systematic manner to

parents, students, professionals, and policymakers.

(7) Federal support for carrying out technology research,

technology development, and educational media services and

activities has resulted in major innovations that have

significantly improved early intervention, educational, and

transitional services and results for children with disabilities

and their families.

(8) Such Federal support is needed -

(A) to stimulate the development of software, interactive

learning tools, and devices to address early intervention,

educational, and transitional needs of children with

disabilities who have certain disabilities;

(B) to make information available on technology research,

technology development, and educational media services and

activities to individuals involved in the provision of early

intervention, educational, and transitional services to

children with disabilities;

to improve early intervention, educational, and transitional

results for children with disabilities;

(D) to provide incentives for the development of technology

and media devices and tools that are not readily found or

available because of the small size of potential markets;

(E) to make resources available to pay for such devices and

tools and educational media services and activities;

(F) to promote the training of personnel -

(i) to provide such devices, tools, services, and

activities in a competent manner; and

(ii) to assist children with disabilities and their

families in using such devices, tools, services, and

activities; and

(G) to coordinate the provision of such devices, tools,

services, and activities -

(i) among State human services programs; and

(ii) between such programs and private agencies.

(b) Purposes

The purposes of this subpart are to ensure that -

(1) children with disabilities, and their parents, receive

training and information on their rights and protections under

this chapter, in order to develop the skills necessary to

effectively participate in planning and decisionmaking relating

to early intervention, educational, and transitional services and

in systemic-change activities;

(2) parents, teachers, administrators, early intervention

personnel, related services personnel, and transition personnel

receive coordinated and accessible technical assistance and

information to assist such persons, through systemic-change

activities and other efforts, to improve early intervention,

educational, and transitional services and results for children

with disabilities and their families;

(3) appropriate technology and media are researched, developed,

demonstrated, and made available in timely and accessible formats

to parents, teachers, and all types of personnel providing

services to children with disabilities to support their roles as

partners in the improvement and implementation of early

intervention, educational, and transitional services and results

for children with disabilities and their families;

(4) on reaching the age of majority under State law, children

with disabilities understand their rights and responsibilities

under subchapter II of this chapter, if the State provides for

the transfer of parental rights under section 1415(m) of this

title; and

(5) the general welfare of deaf and hard-of-hearing individuals

is promoted by -

(A) bringing to such individuals understanding and

appreciation of the films and television programs that play an

important part in the general and cultural advancement of

hearing individuals;

(B) providing, through those films and television programs,

enriched educational and cultural experiences through which

deaf and hard-of-hearing individuals can better understand the

realities of their environment; and

and hard-of-hearing individuals may share.

-SOURCE-

(Pub. L. 91-230, title VI, Sec. 681, as added Pub. L. 105-17, title

I, Sec. 101, June 4, 1997, 111 Stat. 146.)

-MISC1-

PRIOR PROVISIONS

A prior section 1481, Pub. L. 91-230, title VI, Sec. 681, as

added Pub. L. 99-457, title I, Sec. 101(a), Oct. 8, 1986, 100 Stat.

1152; amended Pub. L. 100-630, title I, Sec. 108(j), Nov. 7, 1988,

102 Stat. 3302; Pub. L. 101-476, title IX, Sec. 901(b)(181), Oct.

30, 1990, 104 Stat. 1150; Pub. L. 102-119, Sec. 25(b), Oct. 7,

1991, 105 Stat. 607, related to nonsubstitution of funds to pay for

services which would have been paid for from another source and

construction of such provisions so as not to reduce other benefits,

prior to repeal by Pub. L. 105-17, title II, Sec. 203(b), June 4,

1997, 111 Stat. 157, effective July 1, 1998.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 1486 of this title.

-CITE-

20 USC Sec. 1482 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 33 - EDUCATION OF INDIVIDUALS WITH DISABILITIES

SUBCHAPTER IV - NATIONAL ACTIVITIES TO IMPROVE EDUCATION OF

CHILDREN WITH DISABILITIES

Part B - Coordinated Research, Personnel Preparation, Technical

Assistance, Support, and Dissemination of Information

subpart 2 - improving early intervention, educational, and

transitional services and results for children with

disabilities through coordinated techni

-HEAD-

Sec. 1482. Parent training and information centers

-STATUTE-

(a) Program authorized

The Secretary may make grants to, and enter into contracts and

cooperative agreements with, parent organizations to support parent

training and information centers to carry out activities under this

section.

(b) Required activities

Each parent training and information center that receives

assistance under this section shall -

(1) provide training and information that meets the training

and information needs of parents of children with disabilities

living in the area served by the center, particularly underserved

parents and parents of children who may be inappropriately

identified;

(2) assist parents to understand the availability of, and how

to effectively use, procedural safeguards under this chapter,

including encouraging the use, and explaining the benefits, of

alternative methods of dispute resolution, such as the mediation

process described in section 1415(e) of this title;

(3) serve the parents of infants, toddlers, and children with

the full range of disabilities;

(4) assist parents to -

(A) better understand the nature of their children's

disabilities and their educational and developmental needs;

(B) communicate effectively with personnel responsible for

providing special education, early intervention, and related

services;

development of individualized education programs under

subchapter II of this chapter and individualized family service

plans under subchapter III of this chapter;

(D) obtain appropriate information about the range of

options, programs, services, and resources available to assist

children with disabilities and their families;

(E) understand the provisions of this chapter for the

education of, and the provision of early intervention services

to, children with disabilities; and

(F) participate in school reform activities;

(5) in States where the State elects to contract with the

parent training and information center, contract with State

educational agencies to provide, consistent with subparagraphs

(B) and (D) of section 1415(e)(2) of this title, individuals who

meet with parents to explain the mediation process to them;

(6) network with appropriate clearinghouses, including

organizations conducting national dissemination activities under

section 1485(d) of this title, and with other national, State,

and local organizations and agencies, such as protection and

advocacy agencies, that serve parents and families of children

with the full range of disabilities; and

(7) annually report to the Secretary on -

(A) the number of parents to whom it provided information and

training in the most recently concluded fiscal year; and

(B) the effectiveness of strategies used to reach and serve

parents, including underserved parents of children with

disabilities.

A parent training and information center that receives assistance

under this section may -

(1) provide information to teachers and other professionals who

provide special education and related services to children with

disabilities;

(2) assist students with disabilities to understand their

rights and responsibilities under section 1415(m) of this title

on reaching the age of majority; and

(3) assist parents of children with disabilities to be informed

participants in the development and implementation of the State's

State improvement plan under part A of this subchapter.

(d) Application requirements

Each application for assistance under this section shall identify

with specificity the special efforts that the applicant will

undertake -

(1) to ensure that the needs for training and information of

underserved parents of children with disabilities in the area to

be served are effectively met; and

(2) to work with community-based organizations.

(e) Distribution of funds

(1) In general

The Secretary shall make at least 1 award to a parent

organization in each State, unless the Secretary does not receive

an application from such an organization in each State of

sufficient quality to warrant approval.

(2) Selection requirement

The Secretary shall select among applications submitted by

parent organizations in a State in a manner that ensures the most

effective assistance to parents, including parents in urban and

rural areas, in the State.

(f) Quarterly review

(1) Requirements

(A) Meetings

The board of directors or special governing committee of each

organization that receives an award under this section shall

meet at least once in each calendar quarter to review the

activities for which the award was made.

(B) Advising board

Each special governing committee shall directly advise the

organization's governing board of its views and

recommendations.

(2) Continuation award

When an organization requests a continuation award under this

section, the board of directors or special governing committee

shall submit to the Secretary a written review of the parent

training and information program conducted by the organization

during the preceding fiscal year.

(g) ''Parent organization'' defined

As used in this section, the term ''parent organization'' means a

private nonprofit organization (other than an institution of higher

education) that -

(1) has a board of directors -

(A) the majority of whom are parents of children with

disabilities;

(B) that includes -

(i) individuals working in the fields of special education,

related services, and early intervention; and

(ii) individuals with disabilities; and

representative of the population to be served; or

(2) has -

(A) a membership that represents the interests of individuals

with disabilities and has established a special governing

committee that meets the requirements of paragraph (1); and

(B) a memorandum of understanding between the special

governing committee and the board of directors of the

organization that clearly outlines the relationship between the

board and the committee and the decisionmaking responsibilities

and authority of each.

-SOURCE-

(Pub. L. 91-230, title VI, Sec. 682, as added Pub. L. 105-17, title

I, Sec. 101, June 4, 1997, 111 Stat. 149.)

-MISC1-

PRIOR PROVISIONS

A prior section 1482, Pub. L. 91-230, title VI, Sec. 682, as

added Pub. L. 99-457, title I, Sec. 101(a), Oct. 8, 1986, 100 Stat.

1153; amended Pub. L. 100-630, title I, Sec. 108(k), Nov. 7, 1988,

102 Stat. 3302; Pub. L. 101-476, title IX, Sec. 901(b)(182), Oct.

30, 1990, 104 Stat. 1150; Pub. L. 102-119, Sec. 18, 25(a)(18), (b),

Oct. 7, 1991, 105 Stat. 599, 606, 607, related to establishment of

State Interagency Coordinating Councils, prior to repeal by Pub. L.

105-17, title II, Sec. 203(b), June 4, 1997, 111 Stat. 157,

effective July 1, 1998.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1401, 1415, 1483, 1484,

1486, 7273b of this title; title 29 sections 725, 773; title 42

section 15064.

-CITE-

20 USC Sec. 1483 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 33 - EDUCATION OF INDIVIDUALS WITH DISABILITIES

SUBCHAPTER IV - NATIONAL ACTIVITIES TO IMPROVE EDUCATION OF

CHILDREN WITH DISABILITIES

Part B - Coordinated Research, Personnel Preparation, Technical

Assistance, Support, and Dissemination of Information

subpart 2 - improving early intervention, educational, and

transitional services and results for children with

disabilities through coordinated techni

-HEAD-

Sec. 1483. Community parent resource centers

-STATUTE-

(a) In general

The Secretary may make grants to, and enter into contracts and

cooperative agreements with, local parent organizations to support

parent training and information centers that will help ensure that

underserved parents of children with disabilities, including

low-income parents, parents of children with limited English

proficiency, and parents with disabilities, have the training and

information they need to enable them to participate effectively in

helping their children with disabilities -

(1) to meet developmental goals and, to the maximum extent

possible, those challenging standards that have been established

for all children; and

(2) to be prepared to lead productive independent adult lives,

to the maximum extent possible.

(b) Required activities

Each parent training and information center assisted under this

section shall -

(1) provide training and information that meets the training

and information needs of parents of children with disabilities

proposed to be served by the grant, contract, or cooperative

agreement;

(2) carry out the activities required of parent training and

information centers under paragraphs (2) through (7) of section

1482(b) of this title;

(3) establish cooperative partnerships with the parent training

and information centers funded under section 1482 of this title;

and

(4) be designed to meet the specific needs of families who

experience significant isolation from available sources of

information and support.

As used is this section, the term ''local parent organization''

means a parent organization, as defined in section 1482(g) of this

title, that either -

(1) has a board of directors the majority of whom are from the

community to be served; or

(2) has -

(A) as a part of its mission, serving the interests of

individuals with disabilities from such community; and

(B) a special governing committee to administer the grant,

contract, or cooperative agreement, a majority of the members

of which are individuals from such community.

-SOURCE-

(Pub. L. 91-230, title VI, Sec. 683, as added Pub. L. 105-17, title

I, Sec. 101, June 4, 1997, 111 Stat. 151.)

-MISC1-

PRIOR PROVISIONS

A prior section 1483, Pub. L. 91-230, title VI, Sec. 683, as

added Pub. L. 99-457, title I, Sec. 101(a), Oct. 8, 1986, 100 Stat.

1154; amended Pub. L. 101-476, title IX, Sec. 901(b)(183), (184),

Oct. 30, 1990, 104 Stat. 1151; Pub. L. 102-119, Sec. 25(b), Oct. 7,

1991, 105 Stat. 607, related to Federal administration, prior to

repeal by Pub. L. 105-17, title II, Sec. 203(b), June 4, 1997, 111

Stat. 157, effective July 1, 1998.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1401, 1415, 1484, 1486 of

this title; title 42 section 15064.

-CITE-

20 USC Sec. 1484 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 33 - EDUCATION OF INDIVIDUALS WITH DISABILITIES

SUBCHAPTER IV - NATIONAL ACTIVITIES TO IMPROVE EDUCATION OF

CHILDREN WITH DISABILITIES

Part B - Coordinated Research, Personnel Preparation, Technical

Assistance, Support, and Dissemination of Information

subpart 2 - improving early intervention, educational, and

transitional services and results for children with

disabilities through coordinated techni

-HEAD-

Sec. 1484. Technical assistance for parent training and information

centers

-STATUTE-

(a) In general

The Secretary may, directly or through awards to eligible

entities, provide technical assistance for developing, assisting,

and coordinating parent training and information programs carried

out by parent training and information centers receiving assistance

under sections 1482 and 1483 of this title.

(b) Authorized activities

The Secretary may provide technical assistance to a parent

training and information center under this section in areas such as

(1) effective coordination of parent training efforts;

(2) dissemination of information;

(3) evaluation by the center of itself;

(4) promotion of the use of technology, including assistive

technology devices and assistive technology services;

(5) reaching underserved populations;

(6) including children with disabilities in general education

programs;

(7) facilitation of transitions from -

(A) early intervention services to preschool;

(B) preschool to school; and

(8) promotion of alternative methods of dispute resolution.

-SOURCE-

(Pub. L. 91-230, title VI, Sec. 684, as added Pub. L. 105-17, title

I, Sec. 101, June 4, 1997, 111 Stat. 152.)

-MISC1-

PRIOR PROVISIONS

Prior sections 1484 and 1484a were repealed by Pub. L. 105-17,

title II, Sec. 203(b), June 4, 1997, 111 Stat. 157, effective July

1, 1998.

Section 1484, Pub. L. 91-230, title VI, Sec. 684, as added Pub.

L. 99-457, title I, Sec. 101(a), Oct. 8, 1986, 100 Stat. 1154;

amended Pub. L. 101-476, title IX, Sec. 901(b)(185), Oct. 30, 1990,

104 Stat. 1151; Pub. L. 102-119, Sec. 19(a)(1), (b), 25(b), Oct. 7,

1991, 105 Stat. 600, 601, 607; Pub. L. 103-382, title III, Sec.

313(a), Oct. 20, 1994, 108 Stat. 3935, related to allocation of

funds.

Section 1484a, Pub. L. 91-230, title VI, Sec. 685, as added Pub.

L. 102-119, Sec. 21(2), Oct. 7, 1991, 105 Stat. 602; amended Pub.

L. 102-321, title I, Sec. 161, July 10, 1992, 106 Stat. 375; Pub.

L. 103-448, title II, Sec. 204(w)(2)(B), Nov. 2, 1994, 108 Stat.

4746, related to establishment, composition, functions, etc., of

the Federal Interagency Coordinating Council.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 1486 of this title.

-CITE-

20 USC Sec. 1485 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 33 - EDUCATION OF INDIVIDUALS WITH DISABILITIES

SUBCHAPTER IV - NATIONAL ACTIVITIES TO IMPROVE EDUCATION OF

CHILDREN WITH DISABILITIES

Part B - Coordinated Research, Personnel Preparation, Technical

Assistance, Support, and Dissemination of Information

subpart 2 - improving early intervention, educational, and

transitional services and results for children with

disabilities through coordinated techni

-HEAD-

Sec. 1485. Coordinated technical assistance and dissemination

-STATUTE-

(a) In general

The Secretary shall, by competitively making grants or entering

into contracts and cooperative agreements with eligible entities,

provide technical assistance and information, through such

mechanisms as institutes, Regional Resource Centers,

clearinghouses, and programs that support States and local entities

in building capacity, to improve early intervention, educational,

and transitional services and results for children with

disabilities and their families, and address systemic-change goals

and priorities.

(b) Systemic technical assistance; authorized activities

(1) In general

In carrying out this section, the Secretary shall carry out or

support technical assistance activities, consistent with the

objectives described in subsection (a) of this section, relating

to systemic change.

(2) Authorized activities

Activities that may be carried out under this subsection

include activities such as the following:

(A) Assisting States, local educational agencies, and other

participants in partnerships established under part A of this

subchapter with the process of planning systemic changes that

will promote improved early intervention, educational, and

transitional results for children with disabilities.

(B) Promoting change through a multistate or regional

framework that benefits States, local educational agencies, and

other participants in partnerships that are in the process of

achieving systemic-change outcomes.

ongoing and emerging areas of priority need identified by

States, local educational agencies, and other participants in

partnerships that are in the process of achieving

systemic-change outcomes.

(D) Promoting communication and information exchange among

States, local educational agencies, and other participants in

partnerships, based on the needs and concerns identified by the

participants in the partnerships, rather than on externally

imposed criteria or topics, regarding -

(i) the practices, procedures, and policies of the States,

local educational agencies, and other participants in

partnerships; and

(ii) accountability of the States, local educational

agencies, and other participants in partnerships for improved

early intervention, educational, and transitional results for

children with disabilities.

(1) In general

In carrying out this section, the Secretary shall carry out or

support activities, consistent with the objectives described in

subsection (a) of this section, relating to areas of priority or

specific populations.

(2) Authorized activities

Examples of activities that may be carried out under this

subsection include activities that -

(A) focus on specific areas of high-priority need that -

(i) are identified by States, local educational agencies,

and other participants in partnerships;

(ii) require the development of new knowledge, or the

analysis and synthesis of substantial bodies of information

not readily available to the States, agencies, and other

participants in partnerships; and

(iii) will contribute significantly to the improvement of

early intervention, educational, and transitional services

and results for children with disabilities and their

families;

(B) focus on needs and issues that are specific to a

population of children with disabilities, such as the provision

of single-State and multi-State technical assistance and

in-service training -

(i) to schools and agencies serving deaf-blind children and

their families; and

(ii) to programs and agencies serving other groups of

children with low-incidence disabilities and their families;

who are deaf or hard-of-hearing.

(d) National information dissemination; authorized activities

(1) In general

In carrying out this section, the Secretary shall carry out or

support information dissemination activities that are consistent

with the objectives described in subsection (a) of this section,

including activities that address national needs for the

preparation and dissemination of information relating to

eliminating barriers to systemic-change and improving early

intervention, educational, and transitional results for children

with disabilities.

(2) Authorized activities

Examples of activities that may be carried out under this

subsection include activities relating to -

(A) infants and toddlers with disabilities and their

families, and children with disabilities and their families;

(B) services for populations of children with low-incidence

disabilities, including deaf-blind children, and targeted age

groupings;

with disabilities;

(D) the need for and use of personnel to provide services to

children with disabilities, and personnel recruitment,

retention, and preparation;

(E) issues that are of critical interest to State educational

agencies and local educational agencies, other agency

personnel, parents of children with disabilities, and

individuals with disabilities;

(F) educational reform and systemic change within States; and

(G) promoting schools that are safe and conducive to

learning.

(3) Linking States to information sources

In carrying out this subsection, the Secretary may support

projects that link States to technical assistance resources,

including special education and general education resources, and

may make research and related products available through

libraries, electronic networks, parent training projects, and

other information sources.

(e) Applications

An eligible entity that wishes to receive a grant, or enter into

a contract or cooperative agreement, under this section shall

submit an application to the Secretary at such time, in such

manner, and containing such information as the Secretary may

require.

-SOURCE-

(Pub. L. 91-230, title VI, Sec. 685, as added Pub. L. 105-17, title

I, Sec. 101, June 4, 1997, 111 Stat. 152; amended Pub. L. 106-402,

title IV, Sec. 401(b)(1), Oct. 30, 2000, 114 Stat. 1737.)

-MISC1-

PRIOR PROVISIONS

A prior section 1485, Pub. L. 91-230, title VI, Sec. 686,

formerly Sec. 685, as added Pub. L. 99-457, title I, Sec. 101(a),

Oct. 8, 1986, 100 Stat. 1155; renumbered Sec. 686 and amended Pub.

L. 102-119, Sec. 20, 21(1), Oct. 7, 1991, 105 Stat. 602, related to

authorization of appropriations, prior to repeal by Pub. L. 105-17,

title II, Sec. 203(b), June 4, 1997, 111 Stat. 157, effective July

1, 1998.

A prior section 685 of Pub. L. 91-230 was classified to section

1484a of this title, prior to repeal by Pub. L. 105-17, title II,

Sec. 203(b), June 4, 1997, 111 Stat. 157, effective July 1, 1998.

AMENDMENTS

2000 - Subsec. (b)(4). Pub. L. 106-402, which directed the

substitution of ''the Developmental Disabilities Assistance and

Bill of Rights Act of 2000'' for ''the Developmental Disabilities

Assistance and Bill of Rights Act'' in section 685(b)(4) of Pub. L.

91-230 (this section), could not be executed because the language

to be struck does not appear and this section does not contain a

subsec. (b)(4). Amendment was probably intended for prior section

685 of Pub. L. 91-230, which was classified to section 1484a of

this title prior to repeal by Pub. L. 105-17. See Prior Provisions

note above.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1090, 1461, 1482, 1486 of

this title.

-CITE-

20 USC Sec. 1486 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 33 - EDUCATION OF INDIVIDUALS WITH DISABILITIES

SUBCHAPTER IV - NATIONAL ACTIVITIES TO IMPROVE EDUCATION OF

CHILDREN WITH DISABILITIES

Part B - Coordinated Research, Personnel Preparation, Technical

Assistance, Support, and Dissemination of Information

subpart 2 - improving early intervention, educational, and

transitional services and results for children with

disabilities through coordinated techni

-HEAD-

Sec. 1486. Authorization of appropriations

-STATUTE-

There are authorized to be appropriated to carry out sections

1481 through 1485 of this title such sums as may be necessary for

each of the fiscal years 1998 through 2002.

-SOURCE-

(Pub. L. 91-230, title VI, Sec. 686, as added Pub. L. 105-17, title

I, Sec. 101, June 4, 1997, 111 Stat. 154.)

-MISC1-

PRIOR PROVISIONS

A prior section 686 of Pub. L. 91-230 was classified to section

1485 of this title, prior to repeal by Pub. L. 105-17, title II,

Sec. 203(b), June 4, 1997, 111 Stat. 157, effective July 1, 1998.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in title 29 section 772.

-CITE-

20 USC Sec. 1487 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 33 - EDUCATION OF INDIVIDUALS WITH DISABILITIES

SUBCHAPTER IV - NATIONAL ACTIVITIES TO IMPROVE EDUCATION OF

CHILDREN WITH DISABILITIES

Part B - Coordinated Research, Personnel Preparation, Technical

Assistance, Support, and Dissemination of Information

subpart 2 - improving early intervention, educational, and

transitional services and results for children with

disabilities through coordinated techni

-HEAD-

Sec. 1487. Technology development, demonstration, and utilization;

and media services

-STATUTE-

(a) In general

The Secretary shall competitively make grants to, and enter into

contracts and cooperative agreements with, eligible entities to

support activities described in subsections (b) and (c) of this

section.

(b) Technology development, demonstration, and utilization;

authorized activities

(1) In general

In carrying out this section, the Secretary shall support

activities to promote the development, demonstration, and

utilization of technology.

(2) Authorized activities

Activities that may be carried out under this subsection

include activities such as the following:

(A) Conducting research and development activities on the use

of innovative and emerging technologies for children with

disabilities.

(B) Promoting the demonstration and use of innovative and

emerging technologies for children with disabilities by

improving and expanding the transfer of technology from

research and development to practice.

assistance under this section, concerning the development of

accessible, effective, and usable products.

(D) Communicating information on available technology and the

uses of such technology to assist children with disabilities.

(E) Supporting the implementation of research programs on

captioning or video description.

(F) Supporting research, development, and dissemination of

technology with universal-design features, so that the

technology is accessible to individuals with disabilities

without further modification or adaptation.

(G) Demonstrating the use of publicly-funded

telecommunications systems to provide parents and teachers with

information and training concerning early diagnosis of,

intervention for, and effective teaching strategies for, young

children with reading disabilities.

In carrying out this section, the Secretary shall support -

(1) educational media activities that are designed to be of

educational value to children with disabilities;

(2) providing video description, open captioning, or closed

captioning of television programs, videos, or educational

materials through September 30, 2001; and after fiscal year 2001,

providing video description, open captioning, or closed

captioning of educational, news, and informational television,

videos, or materials;

(3) distributing captioned and described videos or educational

materials through such mechanisms as a loan service;

(4) providing free educational materials, including textbooks,

in accessible media for visually impaired and print-disabled

students in elementary, secondary, postsecondary, and graduate

schools;

(5) providing cultural experiences through appropriate

nonprofit organizations, such as the National Theater of the

Deaf, that -

(A) enrich the lives of deaf and hard-of-hearing children and

adults;

(B) increase public awareness and understanding of deafness

and of the artistic and intellectual achievements of deaf and

hard-of-hearing persons; or

hard-of-hearing persons through shared cultural, educational,

and social experiences; and

(6) compiling and analyzing appropriate data relating to the

activities described in paragraphs (1) through (5).

(d) Applications

Any eligible entity that wishes to receive a grant, or enter into

a contract or cooperative agreement, under this section shall

submit an application to the Secretary at such time, in such

manner, and containing such information as the Secretary may

require.

(e) Authorization of appropriations

There are authorized to be appropriated to carry out this section

such sums as may be necessary for each of the fiscal years 1998

through 2002.

-SOURCE-

(Pub. L. 91-230, title VI, Sec. 687, as added Pub. L. 105-17, title

I, Sec. 101, June 4, 1997, 111 Stat. 154.)

-MISC1-

PRIOR PROVISIONS

Prior sections 1491 to 1491o, which comprised former subchapter

IX of this chapter, were repealed by Pub. L. 105-17, title II, Sec.

203(a), June 4, 1997, 111 Stat. 157, effective Oct. 1, 1998.

Section 1491, Pub. L. 91-230, title VI, Sec. 701, as added Pub.

L. 103-382, title III, Sec. 315, Oct. 20, 1994, 108 Stat. 3937,

provided that former subchapter IX of this chapter could be cited

as the ''Families of Children With Disabilities Support Act of

1994''.

Section 1491a, Pub. L. 91-230, title VI, Sec. 702, as added Pub.

L. 103-382, title III, Sec. 315, Oct. 20, 1994, 108 Stat. 3937,

related to findings, purposes, and policy.

Section 1491b, Pub. L. 91-230, title VI, Sec. 703, as added Pub.

L. 103-382, title III, Sec. 315, Oct. 20, 1994, 108 Stat. 3939,

related to definitions.

Section 1491c, Pub. L. 91-230, title VI, Sec. 704, as added Pub.

L. 103-382, title III, Sec. 315, Oct. 20, 1994, 108 Stat. 3943,

related to grants to States.

Section 1491d, Pub. L. 91-230, title VI, Sec. 705, as added Pub.

L. 103-382, title III, Sec. 315, Oct. 20, 1994, 108 Stat. 3944,

related to information and assurances required in application for

grant.

Section 1491e, Pub. L. 91-230, title VI, Sec. 706, as added Pub.

L. 103-382, title III, Sec. 315, Oct. 20, 1994, 108 Stat. 3946,

related to designation of lead entity by State desiring to receive

grant.

Section 1491f, Pub. L. 91-230, title VI, Sec. 707, as added Pub.

L. 103-382, title III, Sec. 315, Oct. 20, 1994, 108 Stat. 3946,

related to designation or establishment by State of a State Policy

Council for Families of Children with Disabilities and its

composition, functions, etc.

Section 1491g, Pub. L. 91-230, title VI, Sec. 708, as added Pub.

L. 103-382, title III, Sec. 315, Oct. 20, 1994, 108 Stat. 3949,

related to activities authorized for use of grant funds.

Section 1491h, Pub. L. 91-230, title VI, Sec. 709, as added Pub.

L. 103-382, title III, Sec. 315, Oct. 20, 1994, 108 Stat. 3951,

related to creation and submission of strategic plan by lead entity

of State in conjunction with State Policy Council.

Section 1491i, Pub. L. 91-230, title VI, Sec. 710, as added Pub.

L. 103-382, title III, Sec. 315, Oct. 20, 1994, 108 Stat. 3952,

related to progress criteria and reports.

Section 1491j, Pub. L. 91-230, title VI, Sec. 711, as added Pub.

L. 103-382, title III, Sec. 315, Oct. 20, 1994, 108 Stat. 3952,

related to administrative provisions.

Section 1491k, Pub. L. 91-230, title VI, Sec. 712, as added Pub.

L. 103-382, title III, Sec. 315, Oct. 20, 1994, 108 Stat. 3953,

related to technical assistance.

Section 1491l, Pub. L. 91-230, title VI, Sec. 713, as added Pub.

L. 103-382, title III, Sec. 315, Oct. 20, 1994, 108 Stat. 3954,

related to program evaluation by Secretary.

Section 1491m, Pub. L. 91-230, title VI, Sec. 714, as added Pub.

L. 103-382, title III, Sec. 315, Oct. 20, 1994, 108 Stat. 3955,

related to projects of national significance.

Section 1491n, Pub. L. 91-230, title VI, Sec. 715, as added Pub.

L. 103-382, title III, Sec. 315, Oct. 20, 1994, 108 Stat. 3955,

related to construction of provisions of subchapters I through VIII

of this chapter as being inapplicable to subchapter IX of this

chapter.

Section 1491o, Pub. L. 91-230, title VI, Sec. 716, as added Pub.

L. 103-382, title III, Sec. 315, Oct. 20, 1994, 108 Stat. 3955,

related to authorization of appropriations.

-CITE-

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