20 U.S.C. § 1481 — Comprehensive plan for parts B and C

Page 1020 TITLE 20—EDUCATION § 1481 1 See References in Text note below. Section 1479, Pub. L. 91–230, title VI, § 679, as added Pub. L. 99–457, title I, § 101(a), Oct. 8, 1986, 100 Stat. 1151; amended Pub. L. 100–630, title I, § 108(h), Nov. 7, 1988, 102 Stat. 3302; Pub. L. 101–476, title IX, § 901(b)(178), Oct. 30, 1990, 104 Stat. 1150; Pub. L. 102–119, §§ 16, 25(b), Oct. 7, 1991, 105 Stat. 598, 607, related to permissible uses of funds. Section 1480, Pub. L. 91–230, title VI, § 680, as added Pub. L. 99–457, title I, § 101(a), Oct. 8, 1986, 100 Stat. 1152; amended Pub. L. 100–630, title I, § 108(i), Nov. 7, 1988, 102 Stat. 3302; Pub. L. 101–476, title IX, § 901(b)(179), (180), Oct. 30, 1990, 104 Stat. 1150; Pub. L. 102–119, §§ 17, 25(b), Oct. 7, 1991, 105 Stat. 598, 607, related to procedural safe- guards. PART D—GENERAL PROVISIONS § 1481. Comprehensive plan for parts B and C (a) Comprehensive plan (1) In general After receiving input from interested indi- viduals with relevant expertise, the Secretary shall develop and implement a comprehensive plan for activities carried out under parts B and C in order to enhance the provision of early intervention services, educational serv- ices, related services, and transitional services to children with disabilities under subchapters II and III. To the extent practicable, the plan shall be coordinated with the plan developed pursuant to section 9567b(c) of this title 1 and shall include mechanisms to address early intervention, educational, related service and transitional needs identified by State edu- cational agencies in applications submitted for State personnel development grants under part A and for grants under parts B and C. (2) Public comment The Secretary shall provide a public com- ment period of not less than 45 days on the plan. (3) Distribution of funds In implementing the plan, the Secretary shall, to the extent appropriate, ensure that funds awarded under parts B and C are used to carry out activities that benefit, directly or indirectly, children with the full range of dis- abilities and of all ages. (4) Reports to Congress The Secretary shall annually report to Con- gress on the Secretary’s activities under parts B and C, including an initial report not later than 12 months after December 3, 2004. (b) Assistance authorized The Secretary is authorized to award grants to, or enter into contracts or cooperative agree- ments with, eligible entities to enable the eligi- ble entities to carry out the purposes of such parts in accordance with the comprehensive plan described in subsection (a). (c) Special populations (1) Application requirement In making an award of a grant, contract, or cooperative agreement under part B or C, the Secretary shall, as appropriate, require an eli- gible entity to demonstrate how the eligible entity will address the needs of children with disabilities from minority backgrounds. (2) Required outreach and technical assistance Notwithstanding any other provision of this chapter, the Secretary shall reserve not less than 2 percent of the total amount of funds ap- propriated to carry out parts B and C for ei- ther or both of the following activities: (A) Providing outreach and technical as- sistance to historically Black colleges and universities, and to institutions of higher education with minority enrollments of not less than 25 percent, to promote the partici- pation of such colleges, universities, and in- stitutions in activities under this part. (B) Enabling historically Black colleges and universities, and the institutions de- scribed in subparagraph (A), to assist other colleges, universities, institutions, and agen- cies in improving educational and transi- tional results for children with disabilities, if the historically Black colleges and univer- sities and the institutions of higher edu- cation described in subparagraph (A) meet the criteria established by the Secretary under this part. (d) Priorities The Secretary, in making an award of a grant, contract, or cooperative agreement under part B or C, may, without regard to the rulemaking procedures under section 553 of title 5, limit competitions to, or otherwise give priority to— (1) projects that address 1 or more— (A) age ranges; (B) disabilities; (C) school grades; (D) types of educational placements or early intervention environments; (E) types of services; (F) content areas, such as reading; or (G) effective strategies for helping children with disabilities learn appropriate behavior in the school and other community based educational settings; (2) projects that address the needs of chil- dren based on the severity or incidence of their disability; (3) projects that address the needs of— (A) low achieving students; (B) underserved populations; (C) children from low income families; (D) limited English proficient children; (E) unserved and underserved areas; (F) rural or urban areas; (G) children whose behavior interferes with their learning and socialization; (H) children with reading difficulties; (I) children in public charter schools; (J) children who are gifted and talented; or (K) children with disabilities served by local educational agencies that receive pay- ments under title VII of the Elementary and Secondary Education Act of 1965 [20 U.S.C. 7701 et seq.]; (4) projects to reduce inappropriate identi- fication of children as children with disabil- ities, particularly among minority children; (5) projects that are carried out in particular areas of the country, to ensure broad geo- graphic coverage; Page 1021 TITLE 20—EDUCATION § 1482 (6) projects that promote the development and use of technologies with universal design, assistive technology devices, and assistive technology services to maximize children with disabilities’ access to and participation in the general education curriculum; and (7) any activity that is authorized in part B or C. (e) Eligibility for financial assistance No State or local educational agency, or other public institution or agency, may receive a grant or enter into a contract or cooperative agreement under part B or C that relates exclu- sively to programs, projects, and activities per- taining to children aged 3 through 5, inclusive, unless the State is eligible to receive a grant under section 1419(b) of this title. (Pub. L. 91–230, title VI, § 681, as added Pub. L. 108–446, title I, § 101, Dec. 3, 2004, 118 Stat. 2795; amended Pub. L. 114–95, title IX, § 9215(ss)(11), Dec. 10, 2015, 129 Stat. 2183.) Editorial Notes REFERENCES IN TEXT Section 9567b(c) of this title, referred to in subsec. (a)(1), was in the original ‘‘section 178(c) of the Edu- cation Sciences Reform Act of 2002’’, meaning section 178(c) of Pub. L. 107–279, which was translated as read- ing section 177(c) of Pub. L. 107–279, to reflect the prob- able intent of Congress, because Pub. L. 107–279 does not contain a section 178 and section 177(c) of that Act requires development of a plan. The Elementary and Secondary Education Act of 1965, referred to in subsec. (d)(3)(K), is Pub. L. 89–10, Apr. 11, 1965, 79 Stat. 27. Title VII of the Act is classi- fied generally to subchapter VII (§ 7701 et seq.) of chap- ter 70 of this title. For complete classification of this Act to the Code, see Short Title note set out under sec- tion 6301 of this title and Tables. PRIOR PROVISIONS A prior section 1481, Pub. L. 91–230, title VI, § 681, as added Pub. L. 105–17, title I, § 101, June 4, 1997, 111 Stat. 146, related to congressional findings and purposes for subpart 2 of part B of former subchapter IV of this chapter, prior to the general amendment of subchapters I to IV of this chapter by Pub. L. 108–446. Another prior section 1481, Pub. L. 91–230, title VI, § 681, as added Pub. L. 99–457, title I, § 101(a), Oct. 8, 1986, 100 Stat. 1152; amended Pub. L. 100–630, title I, § 108(j), Nov. 7, 1988, 102 Stat. 3302; Pub. L. 101–476, title IX, § 901(b)(181), Oct. 30, 1990, 104 Stat. 1150; Pub. L. 102–119, § 25(b), Oct. 7, 1991, 105 Stat. 607, related to nonsubsti- tution 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, § 203(b), June 4, 1997, 111 Stat. 157, effective July 1, 1998. AMENDMENTS 2015—Subsec. (d)(3)(K). Pub. L. 114–95 substituted ‘‘payments under title VII of the Elementary and Sec- ondary Education Act of 1965;’’ for ‘‘payments under title VIII of the Elementary and Secondary Education Act of 1965;’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2015 AMENDMENT Amendment by Pub. L. 114–95 effective Dec. 10, 2015, except with respect to certain noncompetitive pro- grams and competitive programs, see section 5 of Pub. L. 114–95, set out as a note under section 6301 of this title. § 1482. Administrative provisions (a) Applicant and recipient responsibilities (1) Development and assessment of projects The Secretary shall require that an appli- cant for, and a recipient of, a grant, contract, or cooperative agreement for a project under part B or C— (A) involve individuals with disabilities or parents of individuals with disabilities ages birth through 26 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 under part B or C to— (A) share in the cost of the project; (B) prepare any findings and products from the project in formats that are useful for specific audiences, including parents, admin- istrators, teachers, early intervention per- sonnel, related services personnel, and indi- viduals with disabilities; (C) disseminate such findings and prod- ucts; and (D) collaborate with other such recipients in carrying out subparagraphs (B) and (C). (b) Application management (1) Standing panel (A) In general The Secretary shall establish and use a standing panel of experts who are qualified, by virtue of their training, expertise, or ex- perience, to evaluate each application under part B or C that requests more than $75,000 per year in Federal financial assistance. (B) Membership The standing panel shall include, at a min- imum— (i) individuals who are representatives of institutions of higher education that plan, develop, and carry out high quality pro- grams of personnel preparation; (ii) individuals who design and carry out scientifically based research targeted to the improvement of special education pro- grams and services; (iii) individuals who have recognized ex- perience and knowledge necessary to inte- grate and apply scientifically based re- search findings to improve educational and transitional results for children with dis- abilities; (iv) individuals who administer programs at the State or local level in which chil- dren 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 chil- dren with disabilities; (vii) individuals who are parents of chil- dren with disabilities ages birth through 26