20 U.S.C. § 9567 — Establishment

Page 1722 TITLE 20—EDUCATION § 9567 (k) Rule of construction No regional educational laboratory receiving assistance under this section shall, by reason of the receipt of that assistance, be ineligible to re- ceive any other assistance from the Department of Education as authorized by law or be prohib- ited from engaging in activities involving inter- national projects or endeavors. (l) Advance payment system Each regional educational laboratory awarded a contract under this section shall participate in the advance payment system at the Department of Education. (m) Additional projects In addition to activities authorized under this section, the Director is authorized to enter into contracts or agreements with a regional edu- cational laboratory for the purpose of carrying out additional projects to enable such regional educational laboratory to assist in efforts to achieve State education goals and for other pur- poses. (n) Annual report and plan Not later than July 1 of each year, each re- gional educational laboratory awarded a con- tract under this section shall submit to the Evaluation and Regional Assistance Commis- sioner— (1) a plan covering the succeeding fiscal year, in which such laboratory’s mission, ac- tivities, and scope of work are described, in- cluding a general description of the plans such laboratory expects to submit in the remaining years of such laboratory’s contract; and (2) a report of how well such laboratory is meeting the needs of the region, including a summary of activities during the preceding year, a list of entities served, a list of prod- ucts, and any other information that the re- gional educational laboratory may consider relevant or the Evaluation and Regional As- sistance Commissioner may require. (o) Construction Nothing in this section shall be construed to require any modifications in a regional edu- cational laboratory contract in effect on the day before November 5, 2002. (Pub. L. 107–279, title I, § 174, Nov. 5, 2002, 116 Stat. 1965.) Editorial Notes REFERENCES IN TEXT The Educational Research, Development, Dissemina- tion, and Improvement Act of 1994 (as such Act existed on the day before November 5, 2002), referred to in sub- secs. (b) and (c), is title IX of Pub. L. 103–227, Mar. 31, 1994, 108 Stat. 212, as amended, which was classified principally to subchapter IX (§ 6001 et seq.) of chapter 68 of this title and was substantially repealed by Pub. L. 107–279, title IV, § 403(2), Nov. 5, 2002, 116 Stat. 1985. Sec- tion 941 of the Act was classified to section 6041 of this title prior to repeal. For complete classification of this Act to the Code, see section 6001 of this title and Ta- bles. Title XIII of the Elementary and Secondary Edu- cation Act of 1965 (as such title existed on the day be- fore January 8, 2002), referred to in subsec. (c), means title XIII of Pub. L. 89–10, as added by Pub. L. 103–382, title I, § 101, Oct. 20, 1994, 108 Stat. 3876, which was clas- sified generally to subchapter XIII (§ 8601 et seq.) of chapter 70 of this title, prior to amendment by Pub. L. 107–110. Parts A to D of title XIII of Pub. L. 89–10, were classified to parts A (§ 8621 et seq.), B (§ 8651 et seq.), C (§ 8671 et seq.), and D (§ 8701 et seq.), respectively, of subchapter XIII of chapter 70 of this title, and were re- designated as parts K to N of title IX of Pub. L. 103–227, by Pub. L. 107–110, title X, §§ 1021(a), 1022(a), 1023(a), 1024(a), Jan. 8, 2002, 115 Stat. 1987, transferred to parts G (§ 6053 et seq.), H (§ 6054 et seq.), I (§ 6055 et seq.), and J (§ 6056 et seq.), respectively, of subchapter IX of chap- ter 68 of this title, and subsequently repealed by Pub. L. 107–279, title IV, § 403(2), Nov. 5, 2002, 116 Stat. 1985. The Elementary and Secondary Education Act of 1965, referred to in subsec. (f)(1)(A), is Pub. L. 89–10, Apr. 11, 1965, 79 Stat. 27, which is classified generally to chapter 70 (§ 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. PART E—NATIONAL CENTER FOR SPECIAL EDUCATION RESEARCH Editorial Notes PRIOR PROVISIONS A prior part E, consisting of sections 9571 to 9584, was redesignated part F of this subchapter by Pub. L. 108–446, title II, § 201(a)(1), Dec. 3, 2004, 118 Stat 2799. § 9567. Establishment (a) Establishment There is established in the Institute a Na- tional Center for Special Education Research (in this part referred to as the ‘‘Special Education Research Center’’). (b) Mission The mission of the Special Education Re- search Center is— (1) to sponsor research to expand knowledge and understanding of the needs of infants, tod- dlers, and children with disabilities in order to improve the developmental, educational, and transitional results of such individuals; (2) to sponsor research to improve services provided under, and support the implementa- tion of, the Individuals with Disabilities Edu- cation Act (20 U.S.C. 1400 et seq.); and (3) to evaluate the implementation and ef- fectiveness of the Individuals with Disabilities Education Act in coordination with the Na- tional Center for Education Evaluation and Regional Assistance. (c) Applicability of this subchapter Parts A and F, and the standards for peer re- view of applications and for the conduct and evaluation of research under sections 9533(a) and 9534 of this title, respectively, shall apply to the Secretary, the Director, and the Commissioner in carrying out this part. (Pub. L. 107–279, title I, § 175, as added Pub. L. 108–446, title II, § 201(a)(2), Dec. 3, 2004, 118 Stat. 2799.) Editorial Notes REFERENCES IN TEXT The Individuals with Disabilities Education Act, re- ferred to in subsec. (b)(2), (3), is title VI of Pub. L. 91–230, Apr. 13, 1970, 84 Stat. 175, which is classified gen- erally to chapter 33 (§ 1400 et seq.) of this title. For Page 1723 TITLE 20—EDUCATION § 9567b complete classification of this Act to the Code, see sec- tion 1400 of this title and Tables. § 9567a. Commissioner for Special Education Re- search The Special Education Research Center shall be headed by a Commissioner for Special Edu- cation Research (in this part referred to as the ‘‘Special Education Research Commissioner’’) who shall have substantial knowledge of the Special Education Research Center’s activities, including a high level of expertise in the fields of research, research management, and the edu- cation of children with disabilities. (Pub. L. 107–279, title I, § 176, as added Pub. L. 108–446, title II, § 201(a)(2), Dec. 3, 2004, 118 Stat. 2799.) § 9567b. Duties (a) General duties The Special Education Research Center shall carry out research activities under this part consistent with the mission described in section 9567(b) of this title, such as activities that— (1) improve services provided under the Indi- viduals with Disabilities Education Act [20 U.S.C. 1400 et seq.] in order to improve— (A) academic achievement, functional out- comes, and educational results for children with disabilities; and (B) developmental outcomes for infants or toddlers with disabilities; (2) identify scientifically based educational practices that support learning and improve academic achievement, functional outcomes, and educational results for all students with disabilities; (3) examine the special needs of preschool aged children, infants, and toddlers with dis- abilities, including factors that may result in developmental delays; (4) identify scientifically based related serv- ices and interventions that promote participa- tion and progress in the general education cur- riculum and general education settings; (5) improve the alignment, compatibility, and development of valid and reliable assess- ments, including alternate assessments, as re- quired by section 6311(b) of this title; (6) examine State content standards and al- ternate assessments for students with signifi- cant cognitive impairment in terms of aca- demic achievement, individualized instruc- tional need, appropriate education settings, and improved post-school results; (7) examine the educational, developmental, and transitional needs of children with high incidence and low incidence disabilities; (8) examine the extent to which overidenti- fication and underidentification of children with disabilities occurs, and the causes there- of; (9) improve reading and literacy skills of children with disabilities; (10) examine and improve secondary and postsecondary education and transitional out- comes and results for children with disabil- ities; (11) examine methods of early intervention for children with disabilities, including chil- dren with multiple or complex developmental delays; (12) examine and incorporate universal de- sign concepts in the development of standards, assessments, curricula, and instructional methods to improve educational and transi- tional results for children with disabilities; (13) improve the preparation of personnel, including early intervention personnel, who provide educational and related services to children with disabilities to increase the aca- demic achievement and functional perform- ance of students with disabilities; (14) examine the excess costs of educating a child with a disability and expenses associated with high cost special education and related services; (15) help parents improve educational results for their children, particularly related to tran- sition issues; (16) address the unique needs of children with significant cognitive disabilities; and (17) examine the special needs of limited English proficient children with disabilities. (b) Standards The Special Education Research Commis- sioner shall ensure that activities assisted under this section— (1) conform to high standards of quality, in- tegrity, accuracy, validity, and reliability; (2) are carried out in accordance with the standards for the conduct and evaluation of all research and development established by the National Center for Education Research; and (3) are objective, secular, neutral, and non- ideological, and are free of partisan political influence, and racial, cultural, gender, re- gional, or disability bias. (c) Plan The Special Education Research Commis- sioner shall propose to the Director a research plan, developed in collaboration with the Assist- ant Secretary for Special Education and Reha- bilitative Services, that— (1) is consistent with the priorities and mis- sion of the Institute and the mission of the Special Education Research Center; (2) is carried out, updated, and modified, as appropriate; (3) is consistent with the purposes of the In- dividuals with Disabilities Education Act [20 U.S.C. 1400 et seq.]; (4) contains an appropriate balance across all age ranges and types of children with dis- abilities; (5) provides for research that is objective and uses measurable indicators to assess its progress and results; and (6) is coordinated with the comprehensive plan developed under section 681 of the Indi- viduals with Disabilities Education Act [20 U.S.C. 1481]. (d) Grants, contracts, and cooperative agree- ments (1) In general In carrying out the duties under this sec- tion, the Director may award grants to, or enter into contracts or cooperative agree- ments with, eligible applicants.