§1419. Preschool grants
(a) In general
The Secretary shall provide grants under this section to assist States to provide special education and related services, in accordance with this subchapter-
(1) to children with disabilities aged 3 through 5, inclusive; and
(2) at the State's discretion, to 2-year-old children with disabilities who will turn 3 during the school year.
(b) Eligibility
A State shall be eligible for a grant under this section if such State-
(1) is eligible under section 1412 of this title to receive a grant under this subchapter; and
(2) makes a free appropriate public education available to all children with disabilities, aged 3 through 5, residing in the State.
(c) Allocations to States
(1) In general
After reserving funds for studies and evaluations under section 1474(e) of this title, the Secretary shall allocate the remaining amount among the States in accordance with paragraph (2) or (3), as the case may be.
(2) Increase in funds
If the amount available for allocations to States under paragraph (1) is equal to or greater than the amount allocated to the States under this section for the preceding fiscal year, those allocations shall be calculated as follows:
(A)(i) Except as provided in subparagraph (B), the Secretary shall-
(I) allocate to each State the amount it received for fiscal year 1997;
(II) allocate 85 percent of any remaining funds to States on the basis of their relative populations of children aged 3 through 5; and
(III) allocate 15 percent of those remaining funds to States on the basis of their relative populations of all children aged 3 through 5 who are living in poverty.
(ii) For the purpose of making grants under this paragraph, the Secretary shall use the most recent population data, including data on children living in poverty, that are available and satisfactory to the Secretary.
(B) Notwithstanding subparagraph (A), allocations under this paragraph shall be subject to the following:
(i) No State's allocation shall be less than its allocation for the preceding fiscal year.
(ii) No State's allocation shall be less than the greatest of-
(I) the sum of-
(aa) the amount it received for fiscal year 1997; and
(bb) one third of one percent of the amount by which the amount appropriated under subsection (j) of this section exceeds the amount appropriated under this section for fiscal year 1997;
(II) the sum of-
(aa) the amount it received for the preceding fiscal year; and
(bb) that amount multiplied by the percentage by which the increase in the funds appropriated from the preceding fiscal year exceeds 1.5 percent; or
(III) the sum of-
(aa) the amount it received for the preceding fiscal year; and
(bb) that amount multiplied by 90 percent of the percentage increase in the amount appropriated from the preceding fiscal year.
(iii) Notwithstanding clause (ii), no State's allocation under this paragraph shall exceed the sum of-
(I) the amount it received for the preceding fiscal year; and
(II) that amount multiplied by the sum of 1.5 percent and the percentage increase in the amount appropriated.
(C) If the amount available for allocations under this paragraph is insufficient to pay those allocations in full, those allocations shall be ratably reduced, subject to subparagraph (B)(i).
(3) Decrease in funds
If the amount available for allocations to States under paragraph (1) is less than the amount allocated to the States under this section for the preceding fiscal year, those allocations shall be calculated as follows:
(A) If the amount available for allocations is greater than the amount allocated to the States for fiscal year 1997, each State shall be allocated the sum of-
(i) the amount it received for fiscal year 1997; and
(ii) an amount that bears the same relation to any remaining funds as the increase the State received for the preceding fiscal year over fiscal year 1997 bears to the total of all such increases for all States.
(B) If the amount available for allocations is equal to or less than the amount allocated to the States for fiscal year 1997, each State shall be allocated the amount it received for that year, ratably reduced, if necessary.
(4) Outlying areas
The Secretary shall increase the fiscal year 1998 allotment of each outlying area under section 1411 of this title by at least the amount that that area received under this section for fiscal year 1997.
(d) Reservation for State activities
(1) In general
Each State may retain not more than the amount described in paragraph (2) for administration and other State-level activities in accordance with subsections (e) and (f) of this section.
(2) Amount described
For each fiscal year, the Secretary shall determine and report to the State educational agency an amount that is 25 percent of the amount the State received under this section for fiscal year 1997, cumulatively adjusted by the Secretary for each succeeding fiscal year by the lesser of-
(A) the percentage increase, if any, from the preceding fiscal year in the State's allocation under this section; or
(B) the percentage increase, if any, from the preceding fiscal year in the Consumer Price Index For All Urban Consumers published by the Bureau of Labor Statistics of the Department of Labor.
(e) State administration
(1) In general
For the purpose of administering this section (including the coordination of activities under this subchapter with, and providing technical assistance to, other programs that provide services to children with disabilities) a State may use not more than 20 percent of the maximum amount it may retain under subsection (d) of this section for any fiscal year.
(2) Administration of subchapter III
Funds described in paragraph (1) may also be used for the administration of subchapter III of this chapter, if the State educational agency is the lead agency for the State under that subchapter.
(f) Other State-level activities
Each State shall use any funds it retains under subsection (d) of this section and does not use for administration under subsection (e) of this section-
(1) for support services (including establishing and implementing the mediation process required by section 1415(e) of this title), which may benefit children with disabilities younger than 3 or older than 5 as long as those services also benefit children with disabilities aged 3 through 5;
(2) for direct services for children eligible for services under this section;
(3) to develop a State improvement plan under part A of subchapter IV of this chapter;
(4) for activities at the State and local levels to meet the performance goals established by the State under section 1412(a)(16) of this title and to support implementation of the State improvement plan under part A of subchapter IV of this chapter if the State receives funds under that part; or
(5) to supplement other funds used to develop and implement a Statewide coordinated services system designed to improve results for children and families, including children with disabilities and their families, but not to exceed one percent of the amount received by the State under this section for a fiscal year.
(g) Subgrants to local educational agencies
(1) Subgrants required
Each State that receives a grant under this section for any fiscal year shall distribute any of the grant funds that it does not reserve under subsection (d) of this section to local educational agencies in the State that have established their eligibility under section 1413 of this title, as follows:
(A) Base payments
The State shall first award each agency described in paragraph (1) the amount that agency would have received under this section for fiscal year 1997 if the State had distributed 75 percent of its grant for that year under section 619(c)(3), as then in effect.
(B) Allocation of remaining funds
After making allocations under subparagraph (A), the State shall-
(i) allocate 85 percent of any remaining funds to those agencies on the basis of the relative numbers of children enrolled in public and private elementary and secondary schools within the agency's jurisdiction; and
(ii) allocate 15 percent of those remaining funds to those agencies in accordance with their relative numbers of children living in poverty, as determined by the State educational agency.
(2) Reallocation of funds
If a State educational agency determines that a local educational agency is adequately providing a free appropriate public education to all children with disabilities aged 3 through 5 residing in the area served by that agency with State and local funds, the State educational agency may reallocate any portion of the funds under this section that are not needed by that local agency to provide a free appropriate public education to other local educational agencies in the State that are not adequately providing special education and related services to all children with disabilities aged 3 through 5 residing in the areas they serve.
(h) Subchapter III inapplicable
Subchapter III of this chapter does not apply to any child with a disability receiving a free appropriate public education, in accordance with this subchapter, with funds received under this section.
(i) "State" defined
For the purpose of this section, the term "State" means each of the 50 States, the District of Columbia, and the Commonwealth of Puerto Rico.
(j) Authorization of appropriations
For the purpose of carrying out this section, there are authorized to be appropriated to the Secretary $500,000,000 for fiscal year 1998 and such sums as may be necessary for each subsequent fiscal year.
(
References in Text
Section 619(c)(3), as then in effect, referred to in subsec. (g)(1)(A), means section 619 of
Prior Provisions
A prior section 1419,
A prior section 1420,
Prior sections 1421 to 1427, which comprised former subchapter III of this chapter, were repealed by
Section 1421,
Section 1422,
Section 1423,
Section 1424,
Section 1424a,
Section 1425,
Section 1426,
Section 1427,
Effective Date
Section effective beginning with funds appropriated for fiscal year 1998, see section 201(a)(2)(D) of
Preschool Grants
Section 110 of
Section Referred to in Other Sections
This section is referred to in sections 1411, 1453, 1461 of this title; title 42 sections 9835, 9836, 9837.