20 U.S.C. § 1418 — Program information

Page 982 TITLE 20—EDUCATION § 1417 prior to the general amendment of subchapters I to IV of this chapter by Pub. L. 105–17. § 1417. Administration (a) Responsibilities of Secretary The Secretary shall— (1) cooperate with, and (directly or by grant or contract) furnish technical assistance nec- essary to, a State in matters relating to— (A) the education of children with disabil- ities; and (B) carrying out this subchapter; and (2) provide short-term training programs and institutes. (b) Prohibition against Federal mandates, direc- tion, or control Nothing in this chapter shall be construed to authorize an officer or employee of the Federal Government to mandate, direct, or control a State, local educational agency, or school’s spe- cific instructional content, academic achieve- ment standards and assessments, curriculum, or program of instruction. (c) Confidentiality The Secretary shall take appropriate action, in accordance with section 1232g of this title, to ensure the protection of the confidentiality of any personally identifiable data, information, and records collected or maintained by the Sec- retary and by State educational agencies and local educational agencies pursuant to this sub- chapter. (d) Personnel The Secretary is authorized to hire qualified personnel necessary to carry out the Secretary’s duties under subsection (a), under section 1418 of this title, and under part D of subchapter IV, without regard to the provisions of title 5 relat- ing to appointments in the competitive service and without regard to chapter 51 and subchapter III of chapter 53 of such title relating to classi- fication and general schedule pay rates, except that no more than 20 such personnel shall be em- ployed at any time. (e) Model forms Not later than the date that the Secretary publishes final regulations under this chapter, to implement amendments made by the Individ- uals with Disabilities Education Improvement Act of 2004, the Secretary shall publish and dis- seminate widely to States, local educational agencies, and parent and community training and information centers— (1) a model IEP form; (2) a model individualized family service plan (IFSP) form; (3) a model form of the notice of procedural safeguards described in section 1415(d) of this title; and (4) a model form of the prior written notice described in subsections (b)(3) and (c)(1) of sec- tion 1415 of this title that is consistent with the requirements of this subchapter and is suf- ficient to meet such requirements. (Pub. L. 91–230, title VI, § 617, as added Pub. L. 108–446, title I, § 101, Dec. 3, 2004, 118 Stat. 2737.) Editorial Notes 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. The Individuals with Disabilities Education Improve- ment Act of 2004, referred to in subsec. (e), is Pub. L. 108–446, Dec. 3, 2004, 118 Stat. 2647. For complete classi- fication of this Act to the Code, see Short Title of 2004 Amendment note set out under section 1400 of this title and Tables. PRIOR PROVISIONS A prior section 1417, Pub. L. 91–230, title VI, § 617, as added Pub. L. 105–17, title I, § 101, June 4, 1997, 111 Stat. 100, related to Secretary’s administrative duties, prior to the general amendment of subchapters I to IV of this chapter by Pub. L. 108–446. Another prior section 1417, Pub. L. 91–230, title VI, § 617, as added Pub. L. 94–142, § 5(a), Nov. 29, 1975, 89 Stat. 791; amended Pub. L. 98–199, § 3(b), Dec. 2, 1983, 97 Stat. 1358; Pub. L. 100–630, title I, § 102(g), Nov. 7, 1988, 102 Stat. 3295; Pub. L. 101–476, title IX, § 901(b)(77), (78), Oct. 30, 1990, 104 Stat. 1145; Pub. L. 102–119, § 25(a)(7), (b), Oct. 7, 1991, 105 Stat. 606, 607, related to Secretary’s ad- ministrative duties, prior to the general amendment of subchapters I to IV of this chapter by Pub. L. 105–17. § 1418. Program information (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 of Education and the public on the following: (1)(A) The number and percentage of chil- dren with disabilities, by race, ethnicity, lim- ited English proficiency status, gender, and disability category, who are in each of the fol- lowing separate categories: (i) Receiving a free appropriate public edu- cation. (ii) Participating in regular education. (iii) In separate classes, separate schools or facilities, or public or private residential facilities. (iv) For each year of age from age 14 through 21, stopped receiving special edu- cation and related services because of pro- gram completion (including graduation with a regular secondary school diploma), or other reasons, and the reasons why those children stopped receiving special education and related services. (v)(I) Removed to an interim alternative educational setting under section 1415(k)(1) of this title. (II) The acts or items precipitating those removals. (III) The number of children with disabil- ities who are subject to long-term suspen- sions or expulsions. (B) The number and percentage of children with disabilities, by race, gender, and eth- nicity, who are receiving early intervention services. (C) The number and percentage of children with disabilities, by race, gender, and eth- nicity, who, from birth through age 2, stopped receiving early intervention services because of program completion or for other reasons. (D) The incidence and duration of discipli- nary actions by race, ethnicity, limited Page 983 TITLE 20—EDUCATION § 1419 English proficiency status, gender, and dis- ability category, of children with disabilities, including suspensions of 1 day or more. (E) The number and percentage of children with disabilities who are removed to alter- native educational settings or expelled as compared to children without disabilities who are removed to alternative educational set- tings or expelled. (F) The number of due process complaints filed under section 1415 of this title and the number of hearings conducted. (G) The number of hearings requested under section 1415(k) of this title and the number of changes in placements ordered as a result of those hearings. (H) The number of mediations held and the number of settlement agreements reached through such mediations. (2) The number and percentage of infants and toddlers, by race, and ethnicity, who are at risk of having substantial developmental delays (as defined in section 1432 of this title), and who are receiving early intervention serv- ices under subchapter III. (3) Any other information that may be re- quired by the Secretary. (b) Data reporting (1) Protection of identifiable data The data described in subsection (a) shall be publicly reported by each State in a manner that does not result in the disclosure of data identifiable to individual children. (2) Sampling The Secretary may permit States and the Secretary of the Interior to obtain the data described in subsection (a) through sampling. (c) Technical assistance The Secretary may provide technical assist- ance to States to ensure compliance with the data collection and reporting requirements under this chapter. (d) Disproportionality (1) In general Each State that receives assistance under this subchapter, and the Secretary of the Inte- rior, shall provide for the collection and exam- ination of data to determine if significant disproportionality based on race and ethnicity is occurring in the State and the local edu- cational agencies of the State with respect to— (A) the identification of children as chil- dren with disabilities, including the identi- fication of children as children with disabil- ities in accordance with a particular impair- ment described in section 1401(3) of this title; (B) the placement in particular edu- cational settings of such children; and (C) the incidence, duration, and type of disciplinary actions, including suspensions and expulsions. (2) Review and revision of policies, practices, and procedures In the case of a determination of significant disproportionality with respect to the identi- fication of children as children with disabil- ities, or the placement in particular edu- cational settings of such children, in accord- ance with paragraph (1), the State or the Sec- retary of the Interior, as the case may be, shall— (A) provide for the review and, if appro- priate, revision of the policies, procedures, and practices used in such identification or placement to ensure that such policies, pro- cedures, and practices comply with the re- quirements of this chapter; (B) require any local educational agency identified under paragraph (1) to reserve the maximum amount of funds under section 1413(f) of this title to provide comprehensive coordinated early intervening services to serve children in the local educational agen- cy, particularly children in those groups that were significantly overidentified under paragraph (1); and (C) require the local educational agency to publicly report on the revision of policies, practices, and procedures described under subparagraph (A). (Pub. L. 91–230, title VI, § 618, as added Pub. L. 108–446, title I, § 101, Dec. 3, 2004, 118 Stat. 2738.) Editorial Notes PRIOR PROVISIONS A prior section 1418, Pub. L. 91–230, title VI, § 618, as added Pub. L. 105–17, title I, § 101, June 4, 1997, 111 Stat. 101, related to program information, prior to the gen- eral amendment of subchapters I to IV of this chapter by Pub. L. 108–446. Another prior section 1418, Pub. L. 91–230, title VI, § 618, as added Pub. L. 94–142, § 5(a), Nov. 29, 1975, 89 Stat. 791; amended Pub. L. 98–199, §§ 3(b), 8, Dec. 2, 1983, 97 Stat. 1358, 1360; Pub. L. 99–457, title IV, § 406, Oct. 8, 1986, 100 Stat. 1174; Pub. L. 100–630, title I, § 102(h), Nov. 7, 1988, 102 Stat. 3295; Pub. L. 101–476, title II, § 203, Oct. 30, 1990, 104 Stat. 1112, related to evaluation and pro- gram information, prior to the general amendment of subchapters I to IV of this chapter by Pub. L. 105–17. § 1419. Preschool grants (a) In general The Secretary shall provide grants under this section to assist States to provide special edu- cation 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 dur- ing 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 edu- cation available to all children with disabil- ities, aged 3 through 5, residing in the State. (c) Allocations to States (1) In general The Secretary shall allocate the amount made available to carry out this section for a fiscal year among the States in accordance with paragraph (2) or (3), as the case may be.