20 U.S.C. § 1417 | Administration

(a)

Responsibilities of Secretary

The Secretary shall—

(1)

cooperate with, and (directly or by grant or contract) furnish technical assistance necessary to, a State in matters relating to—

(A)

the education of children with disabilities; and

(B)

carrying out this subchapter; and

(2)

provide short-term training programs and institutes.

(b)

Prohibition against Federal mandates, direction, 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 specific instructional content, academic achievement standards and assessments, curriculum, or program of instruction.

(c)

Confidentiality

section 1232g of this titleThe Secretary shall take appropriate action, in accordance with , to ensure the protection of the confidentiality of any personally identifiable data, information, and records collected or maintained by the Secretary and by State educational agencies and local educational agencies pursuant to this subchapter.

(d)

Personnel

section 1418 of this titleThe Secretary is authorized to hire qualified personnel necessary to carry out the Secretary’s duties under subsection (a), under , and under part D of subchapter IV, without regard to the provisions of title 5 relating to appointments in the competitive service and without regard to chapter 51 and subchapter III of chapter 53 of such title relating to classification and general schedule pay rates, except that no more than 20 such personnel shall be employed 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 Individuals with Disabilities Education Improvement Act of 2004, the Secretary shall publish and disseminate 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)

section 1415(d) of this title a model form of the notice of procedural safeguards described in ; and

(4)

section 1415 of this title a model form of the prior written notice described in subsections (b)(3) and (c)(1) of that is consistent with the requirements of this subchapter and is sufficient to meet such requirements.

Pub. L. 91–230, title VI, § 617 Pub. L. 108–446, title I, § 101Dec. 3, 2004118 Stat. 2737(, as added , , .)

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.

Pub. L. 108–446Dec. 3, 2004118 Stat. 2647 section 1400 of this titleThe Individuals with Disabilities Education Improvement Act of 2004, referred to in subsec. (e), is , , . For complete classification of this Act to the Code, see Short Title of 2004 Amendment note set out under and Tables.

Prior Provisions

Pub. L. 91–230, title VI, § 617 Pub. L. 105–17, title I, § 101June 4, 1997111 Stat. 100 Pub. L. 108–446A prior section 1417, , as added , , , related to Secretary’s administrative duties, prior to the general amendment of subchapters I to IV of this chapter by .

Pub. L. 91–230, title VI, § 617 Pub. L. 94–142, § 5(a)Nov. 29, 197589 Stat. 791 Pub. L. 98–199, § 3(b)Dec. 2, 198397 Stat. 1358 Pub. L. 100–630, title I, § 102(g)Nov. 7, 1988102 Stat. 3295 Pub. L. 101–476, title IX, § 901(b)(77)Oct. 30, 1990104 Stat. 1145 Pub. L. 102–119, § 25(a)(7)Oct. 7, 1991105 Stat. 606 Pub. L. 105–17Another prior section 1417, , as added , , ; amended , , ; , , ; , (78), , ; , (b), , , 607, related to Secretary’s administrative duties, prior to the general amendment of subchapters I to IV of this chapter by .