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

(a)

Comprehensive plan

(1)

In general

1 See References in Text note below.

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   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

December 3, 2004The 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 .

(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

section 553 of title 5The 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 , 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)

20 U.S.C. 7701 children with disabilities served by local educational agencies that receive payments under title VII of the Elementary and Secondary Education Act of 1965 [ 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

section 1419(b) of this titleNo 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 .

Pub. L. 91–230, title VI, § 681 Pub. L. 108–446, title I, § 101Dec. 3, 2004118 Stat. 2795 Pub. L. 114–95, title IX, § 9215(ss)(11)Dec. 10, 2015129 Stat. 2183(, as added , , ; amended , , .)

Editorial Notes

References in Text

Section 9567b(c) of this title section 178(c) of Pub. L. 107–279 section 177(c) of Pub. L. 107–279 Pub. L. 107–279, referred to in subsec. (a)(1), was in the original “section 178(c) of the Education Sciences Reform Act of 2002”, meaning , which was translated as reading , to reflect the probable intent of Congress, because does not contain a section 178 and section 177(c) of that Act requires development of a plan.

Pub. L. 89–10Apr. 11, 196579 Stat. 27 section 6301 of this titleThe Elementary and Secondary Education Act of 1965, referred to in subsec. (d)(3)(K), is , , . 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 and Tables.

Prior Provisions

Pub. L. 91–230, title VI, § 681 Pub. L. 105–17, title I, § 101June 4, 1997111 Stat. 146 Pub. L. 108–446A prior section 1481, , as added , , , 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. 91–230, title VI, § 681 Pub. L. 99–457, title I, § 101(a)Oct. 8, 1986100 Stat. 1152 Pub. L. 100–630, title I, § 108(j)Nov. 7, 1988102 Stat. 3302 Pub. L. 101–476, title IX, § 901(b)(181)Oct. 30, 1990104 Stat. 1150 Pub. L. 102–119, § 25(b)Oct. 7, 1991105 Stat. 607 Pub. L. 105–17, title II, § 203(b)June 4, 1997111 Stat. 157July 1, 1998Another prior section 1481, , as added , , ; amended , , ; , , ; , , , 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 , , , effective .

Amendments

Pub. L. 114–952015—Subsec. (d)(3)(K). 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 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 .