20 U.S.C. § 1444 — Authorization of appropriations

Page 998 TITLE 20—EDUCATION § 1444 (2) Minimum allotments Except as provided in paragraph (3), no State shall receive an amount under this section for any fiscal year that is less than the greater of— (A) 1⁄2 of 1 percent of the remaining amount described in paragraph (1); or (B) $500,000. (3) Ratable reduction (A) In general If the sums made available under this sub- chapter 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 re- duce 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 the allotments were reduced. (4) Definitions In 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 (c), the Secretary shall reallot, among the remaining States, amounts from such State in accordance with such subsection. (e) Reservation for State incentive grants (1) In general For any fiscal year for which the amount ap- propriated pursuant to the authorization of appropriations under section 1444 of this title exceeds $460,000,000, the Secretary shall re- serve 15 percent of such appropriated amount to provide grants to States that are carrying out the policy described in section 1435(c) of this title in order to facilitate the implemen- tation of such policy. (2) Amount of grant (A) In general Notwithstanding paragraphs (2) and (3) of subsection (c), the Secretary shall provide a grant to each State under paragraph (1) in an amount that bears the same ratio to the amount reserved under such paragraph as the number of infants and toddlers in the State bears to the number of infants and toddlers in all States receiving grants under such paragraph. (B) Maximum amount No State shall receive a grant under para- graph (1) for any fiscal year in an amount that is greater than 20 percent of the amount reserved under such paragraph for the fiscal year. (3) Carryover of amounts (A) First succeeding fiscal year Pursuant to section 1225(b) of this title, amounts under a grant provided under para- graph (1) that are not obligated and ex- pended prior to the beginning of the first fis- cal year succeeding the fiscal year for which such amounts were appropriated shall re- main available for obligation and expendi- ture during such first succeeding fiscal year. (B) Second succeeding fiscal year Amounts under a grant provided under paragraph (1) that are not obligated and ex- pended prior to the beginning of the second fiscal year succeeding the fiscal year for which such amounts were appropriated shall be returned to the Secretary and used to make grants to States under section 1433 of this title (from their allotments under this section) during such second succeeding fiscal year. (Pub. L. 91–230, title VI, § 643, as added Pub. L. 108–446, title I, § 101, Dec. 3, 2004, 118 Stat. 2760.) Editorial Notes REFERENCES IN TEXT Public Law 95–134, referred to in subsec. (a)(2), is Pub. L. 95–134, Oct. 15, 1977, 91 Stat. 1159. 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. PRIOR PROVISIONS A prior section 1443, Pub. L. 91–230, title VI, § 643, as added Pub. L. 105–17, title I, § 101, June 4, 1997, 111 Stat. 118, related to allocation of funds, prior to the general amendment of subchapters I to IV of this chapter by Pub. L. 108–446. Another prior section 1443, Pub. L. 91–230, title VI, § 643, Apr. 13, 1970, 84 Stat. 185; Pub. L. 98–199, §§ 3(b), 12, Dec. 2, 1983, 97 Stat. 1358, 1373; Pub. L. 99–457, title III, § 313, Oct. 8, 1986, 100 Stat. 1170; Pub. L. 100–630, title I, § 105(c), Nov. 7, 1988, 102 Stat. 3299; Pub. L. 101–476, title IX, § 901(b)(145), (146), Oct. 30, 1990, 104 Stat. 1149; Pub. L. 102–119, § 25(b), Oct. 7, 1991, 105 Stat. 607, related to re- quirement of the Secretary to convene panels of ex- perts to evaluate proposals for projects, prior to repeal by Pub. L. 101–476, title V, §§ 503, 1001, Oct. 30, 1990, 104 Stat. 1138, 1151, effective Oct. 1, 1990. § 1444. Authorization of appropriations For the purpose of carrying out this sub- chapter, there are authorized to be appropriated such sums as may be necessary for each of the fiscal years 2005 through 2010. (Pub. L. 91–230, title VI, § 644, as added Pub. L. 108–446, title I, § 101, Dec. 3, 2004, 118 Stat. 2763.) Editorial Notes PRIOR PROVISIONS A prior section 1444, Pub. L. 91–230, title VI, § 644, as added Pub. L. 105–17, title I, § 101, June 4, 1997, 111 Stat. 121; amended Pub. L. 106–402, title IV, § 401(b)(1), Oct. 30, 2000, 114 Stat. 1737; Pub. L. 108–173, title IX, § 900(e)(6)(C), Dec. 8, 2003, 117 Stat. 2373, which related to the Federal Interagency Coordinating Council, was re- pealed, as such section was in effect on the day before Dec. 3, 2004, by Pub. L. 108–446, title III, § 304, Dec. 3, 2004, 118 Stat. 2804. Another prior section 1444, Pub. L. 91–230, title VI, § 643, formerly § 644, Apr. 13, 1970, 84 Stat. 186; Pub. L. 93–380, title VI, § 619, Aug. 21, 1974, 88 Stat. 585; Pub. L. 95–49, § 5, June 17, 1977, 91 Stat. 231; Pub. L. 98–199, § 12, Dec. 2, 1983, 97 Stat. 1374; Pub. L. 99–457, title III, § 314, Oct. 8, 1986, 100 Stat. 1171; renumbered § 643 and amend- Page 999 TITLE 20—EDUCATION § 1450 ed Pub. L. 101–476, title V, §§ 503, 504, title IX, § 901(b)(147), (148), Oct. 30, 1990, 104 Stat. 1138, 1149; Pub. L. 102–119, § 25(b), Oct. 7, 1991, 105 Stat. 607, authorized appropriations, prior to repeal by Pub. L. 105–17, title II, § 203(c), June 4, 1997, 111 Stat. 157, effective Oct. 1, 1997. A prior section 1445, Pub. L. 91–230, title VI, § 645, as added Pub. L. 105–17, title I, § 101, June 4, 1997, 111 Stat. 123, which authorized appropriations, was omitted in the general amendment of subchapters I to IV of this chapter by Pub. L. 108–446. SUBCHAPTER IV—NATIONAL ACTIVITIES TO IMPROVE EDUCATION OF CHILDREN WITH DISABILITIES § 1450. Findings Congress finds the following: (1) The Federal Government has an ongoing obligation to support activities that con- tribute to positive results for children with disabilities, enabling those children to lead productive and independent adult lives. (2) Systemic change benefiting all students, including children with disabilities, requires the involvement of States, local educational agencies, parents, individuals with disabilities and their families, teachers and other service providers, and other interested individuals and organizations to develop and implement com- prehensive strategies that improve edu- cational results for children with disabilities. (3) State educational agencies, in partner- ship with local educational agencies, parents of children with disabilities, and other individ- uals and organizations, are in the best position to improve education for children with disabil- ities and to address their special needs. (4) An effective educational system serving students with disabilities should— (A) maintain high academic achievement standards and clear performance goals for children with disabilities, consistent with the standards and expectations for all stu- dents in the educational system, and provide for appropriate and effective strategies and methods to ensure that all children with dis- abilities have the opportunity to achieve those standards and goals; (B) clearly define, in objective, measurable terms, the school and post-school results that children with disabilities are expected to achieve; and (C) promote transition services and coordi- nate 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 dis- abilities who need significant levels of sup- port to participate and learn in school and the community. (5) The availability of an adequate number of qualified personnel is critical— (A) to serve effectively children with dis- abilities; (B) to assume leadership positions in ad- ministration and direct services; (C) to provide teacher training; and (D) to conduct high quality research to im- prove special education. (6) High quality, comprehensive professional development programs are essential to ensure that the persons responsible for the education or transition of children with disabilities pos- sess the skills and knowledge necessary to ad- dress the educational and related needs of those children. (7) Models of professional development should be scientifically based and reflect suc- cessful practices, including strategies for re- cruiting, preparing, and retaining personnel. (8) Continued support is essential for the de- velopment and maintenance of a coordinated and high quality program of research to in- form successful teaching practices and model curricula for educating children with disabil- ities. (9) Training, technical assistance, support, and dissemination activities are necessary to ensure that subchapters II and III are fully im- plemented and achieve high quality early intervention, educational, and transitional re- sults for children with disabilities and their families. (10) Parents, teachers, administrators, and related services personnel need technical as- sistance and information in a timely, coordi- nated, and accessible manner in order to im- prove early intervention, educational, and transitional services and results at the State and local levels for children with disabilities and their families. (11) Parent training and information activi- ties assist parents of a child with a disability in dealing with the multiple pressures of par- enting such a child and are of particular im- portance in— (A) playing a vital role in creating and preserving constructive relationships be- tween parents of children with disabilities and schools by facilitating open communica- tion between the parents and schools; en- couraging dispute resolution at the earliest possible point in time; and discouraging the escalation of an adversarial process between the parents and schools; (B) ensuring the involvement of parents in planning and decisionmaking with respect to early intervention, educational, and transi- tional services; (C) achieving high quality early interven- tion, educational, and transitional results for children with disabilities; (D) providing such parents information on their rights, protections, and responsibilities under this chapter to ensure improved early intervention, educational, and transitional results for children with disabilities; (E) assisting such parents in the develop- ment of skills to participate effectively in the education and development of their chil- dren and in the transitions described in sec- tion 1473(b)(6) of this title; (F) 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; and (G) supporting such parents who may have limited access to services and supports, due to economic, cultural, or linguistic barriers. (12) Support is needed to improve techno- logical resources and integrate technology, in-