20 U.S.C. § 1481: Comprehensive plan for parts…

Summary

The Secretary must make and carry out a single plan for work done under parts B and C to improve early intervention, school, related, and transition services for children with disabilities under subchapters II and III. The plan should, when possible, match up with the plan under section 9567b(c) and should respond to needs state education agencies identify in applications for State personnel development grants (part A) and for parts B and C grants. The public must get at least 45 days to comment on the plan. The Secretary must try to make sure funds from parts B and C help children of all ages and with the full range of disabilities. The Secretary must report each year to Congress about these activities, with the first report due within 12 months after December 3, 2004. The Secretary can give grants, contracts, or cooperative agreements to eligible groups so they can carry out the plan. When awarding money, the Secretary can require applicants to explain how they will serve children with disabilities from minority backgrounds. At least 2 percent of the total funds for parts B and C must be set aside to reach out to and help historically Black colleges and universities and to colleges with at least 25 percent minority enrollment, and to let those colleges help others if they meet the Secretary’s rules. The Secretary may give priority to projects that focus on certain ages, disabilities, grades, placements, services, subjects (like reading), behavior strategies, severity or incidence of disability, or groups such as low‑achieving, underserved, low‑income, limited English proficient, rural or urban, charter school, gifted, or Title VII students. Priority may also go to projects that cut down on wrongly labeling children as disabled (especially minority children), to projects that cover different parts of the country, and to projects that use universal design or assistive technology. No state or local education agency may get a grant that only covers children ages 3 through 5, inclusive, unless the State is eligible under section 1419(b).

Title 20, §1481

Education, Source: USLM XML via OLRC

(a)Comprehensive plan

(1)In general

After receiving input from interested individuals 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 services, 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 and shall include mechanisms to address early intervention, educational, related service and transitional needs identified by State educational 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 comment 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 disabilities and of all ages.

(4)Reports to Congress

The Secretary shall annually report to Congress 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 agreements with, eligible entities to enable the eligible 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 eligible 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 appropriated to carry out parts B and C for either or both of the following activities:

(A)Providing outreach and technical assistance to historically Black colleges and universities, and to institutions of higher education with minority enrollments of not less than 25 percent, to promote the participation of such colleges, universities, and institutions in activities under this part.

(B)Enabling historically Black colleges and universities, and the institutions described in subparagraph (A), to assist other colleges, universities, institutions, and agencies in improving educational and transitional results for children with disabilities, if the historically Black colleges and universities and the institutions of higher education 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 children 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 payments under title VII of the Elementary and Secondary Education Act of 1965 [20 U.S.C. 7701 et seq.];

(4)projects to reduce inappropriate identification of children as children with disabilities, particularly among minority children;

(5)projects that are carried out in particular areas of the country, to ensure broad geographic coverage;

(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 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.

Notes & Related Subsidiaries

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 Education Sciences Reform Act of 2002”, meaning section 178(c) of Pub. L. 107–279, which was translated as reading section 177(c) of Pub. L. 107–279, to reflect the probable 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 classified generally to subchapter VII (§ 7701 et seq.) 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.

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 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, § 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 Secondary 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 AmendmentAmendment by Pub. L. 114–95 effective Dec. 10, 2015, except with respect to certain noncompetitive programs and competitive programs, see section 5 of Pub. L. 114–95, set out as a note under section 6301 of this title.

§1481 Comprehensive Plan for Parts B and C