20 U.S.C. § 1451 | Purpose; definition of personnel; program authority

(a)

Purpose

The purpose of this part is to assist State educational agencies in reforming and improving their systems for personnel preparation and professional development in early intervention, educational, and transition services in order to improve results for children with disabilities.

(b)

Definition of personnel

In this part the term “personnel” means special education teachers, regular education teachers, principals, administrators, related services personnel, paraprofessionals, and early intervention personnel serving infants, toddlers, preschoolers, or children with disabilities, except where a particular category of personnel, such as related services personnel, is identified.

(c)

Competitive grants

(1)

In general

section 1455 of this title section 1453 of this titleExcept as provided in subsection (d), for any fiscal year for which the amount appropriated under , that remains after the Secretary reserves funds under subsection (e) for the fiscal year, is less than $100,000,000, the Secretary shall award grants, on a competitive basis, to State educational agencies to carry out the activities described in the State plan submitted under .

(2)

Priority

In awarding grants under paragraph (1), the Secretary may give priority to State educational agencies that—

(A)

are in States with the greatest personnel shortages; or

(B)

section 1412(a)(14) of this title demonstrate the greatest difficulty meeting the requirements of .

(3)

Minimum amount

The Secretary shall make a grant to each State educational agency selected under paragraph (1) in an amount for each fiscal year that is—

(A)

not less than $500,000, nor more than $4,000,000, in the case of the 50 States, the District of Columbia, and the Commonwealth of Puerto Rico; and

(B)

not less than $80,000 in the case of an outlying area.

(4)

Increase in amount

The Secretary may increase the amounts of grants under paragraph (4) to account for inflation.

(5)

Factors

The Secretary shall determine the amount of a grant under paragraph (1) after considering—

(A)

the amount of funds available for making the grants;

(B)

the relative population of the State or outlying area;

(C)

the types of activities proposed by the State or outlying area;

(D)

section 1412(a)(14) of this title the alignment of proposed activities with ;

(E)

1 So in original. Probably should be followed by a comma.

the alignment of proposed activities with the State plans and applications submitted under sections 6311 and 6611(d)  respectively, of this title; and

(F)

the use, as appropriate, of scientifically based research activities.

(d)

Formula grants

(1)

In general

section 1455 of this title section 1411(d) of this title section 1411(d) of this titleExcept as provided in paragraphs (2) and (3), for the first fiscal year for which the amount appropriated under , that remains after the Secretary reserves funds under subsection (e) for the fiscal year, is equal to or greater than $100,000,000, and for each fiscal year thereafter, the Secretary shall allot to each State educational agency, whose application meets the requirements of this part, an amount that bears the same relation to the amount remaining as the amount the State received under for that fiscal year bears to the amount of funds received by all States (whose applications meet the requirements of this part) under for that fiscal year.

(2)

Minimum allotments for States that received competitive grants

(A)

In general

The amount allotted under this subsection to any State educational agency that received a competitive multi-year grant under subsection (c) for which the grant period has not expired shall be not less than the amount specified for that fiscal year in the State educational agency’s grant award document under that subsection.

(B)

Special rule

Each such State educational agency shall use the minimum amount described in subparagraph (A) for the activities described in the State educational agency’s competitive grant award document for that year, unless the Secretary approves a request from the State educational agency to spend the funds on other activities.

(3)

Minimum allotment

The amount of any State educational agency’s allotment under this subsection for any fiscal year shall not be less than—

(A)

the greater of $500,000 or ½ of 1 percent of the total amount available under this subsection for that year, in the case of each of the 50 States, the District of Columbia, and the Commonwealth of Puerto Rico; and

(B)

$80,000, in the case of an outlying area.

(4)

Direct benefit

In using grant funds allotted under paragraph (1), a State educational agency shall, through grants, contracts, or cooperative agreements, undertake activities that significantly and directly benefit the local educational agencies in the State.

(e)

Continuation awards

(1)

In general

section 1455 of this titleDecember 3, 2004Notwithstanding any other provision of this part, from funds appropriated under for each fiscal year, the Secretary shall reserve the amount that is necessary to make a continuation award to any State educational agency (at the request of the State educational agency) that received a multi-year award under this subchapter (as this subchapter was in effect on the day before ), to enable the State educational agency to carry out activities in accordance with the terms of the multi-year award.

(2)

Prohibition

A State educational agency that receives a continuation award under paragraph (1) for any fiscal year may not receive any other award under this part for that fiscal year.

Pub. L. 91–230, title VI, § 651 Pub. L. 108–446, title I, § 101Dec. 3, 2004118 Stat. 2765 Pub. L. 114–95, title IX, § 9215(ss)(6)Dec. 10, 2015129 Stat. 2183(, as added , , ; amended , , .)

Editorial Notes

Prior Provisions

Pub. L. 91–230, title VI, § 651 Pub. L. 105–17, title I, § 101June 4, 1997111 Stat. 123 Pub. L. 108–446A prior section 1451, , as added , , , related to the findings and purposes of part A of former subchapter IV of this chapter, prior to the general amendment of subchapters I to IV of this chapter by .

Pub. L. 91–230, title VI, § 651Apr. 13, 197084 Stat. 186 Pub. L. 100–630, title I, § 106(b)Nov. 7, 1988102 Stat. 3300 Pub. L. 101–476, title VI, § 601Oct. 30, 1990104 Stat. 1138 Pub. L. 102–119, § 25(b)Oct. 7, 1991105 Stat. 607 Pub. L. 105–17, title II, § 203(c)June 4, 1997111 Stat. 157Oct. 1, 1997Another prior section 1451, , , ; , , ; , title IX, § 901(b)(150), , , 1149; , , , related to the purposes of former subchapter VI of this chapter, which included promoting general welfare of deaf and hard of hearing individuals and visually impaired individuals and educational advancement of individuals with disabilities, prior to repeal by , , , effective .

Amendments

Pub. L. 114–952015—Subsec. (c)(5)(E). substituted “and 6611(d)” for “and 6612,”.

Statutory Notes and Related Subsidiaries

Effective Date of 2015 Amendment

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

Effective Date

July 1, 2005section 302(a) of Pub. L. 108–446 section 1400 of this titlePart effective , see , set out as a note under .