20 USC 1453: Applications
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20 USC 1453: Applications Text contains those laws in effect on January 2, 2001
From Title 20-EDUCATIONCHAPTER 33-EDUCATION OF INDIVIDUALS WITH DISABILITIESSUBCHAPTER IV-NATIONAL ACTIVITIES TO IMPROVE EDUCATION OF CHILDREN WITH DISABILITIESPart A-State Program Improvement Grants for Children with Disabilities

§1453. Applications

(a) In general

(1) Submission

A State educational agency that desires to receive a grant under this part shall submit to the Secretary an application at such time, in such manner, and including such information as the Secretary may require.

(2) State improvement plan

The application shall include a State improvement plan that-

(A) is integrated, to the maximum extent possible, with State plans under the Elementary and Secondary Education Act of 1965 [20 U.S.C. 6301 et seq.] and the Rehabilitation Act of 1973 [29 U.S.C. 701 et seq.], as appropriate; and

(B) meets the requirements of this section.

(b) Determining child and program needs

(1) In general

Each State improvement plan shall identify those critical aspects of early intervention, general education, and special education programs (including professional development, based on an assessment of State and local needs) that must be improved to enable children with disabilities to meet the goals established by the State under section 1412(a)(16) of this title.

(2) Required analyses

To meet the requirement of paragraph (1), the State improvement plan shall include at least-

(A) an analysis of all information, reasonably available to the State educational agency, on the performance of children with disabilities in the State, including-

(i) their performance on State assessments and other performance indicators established for all children, including drop-out rates and graduation rates;

(ii) their participation in postsecondary education and employment; and

(iii) how their performance on the assessments and indicators described in clause (i) compares to that of non-disabled children;


(B) an analysis of State and local needs for professional development for personnel to serve children with disabilities that includes, at a minimum-

(i) the number of personnel providing special education and related services; and

(ii) relevant information on current and anticipated personnel vacancies and shortages (including the number of individuals described in clause (i) with temporary certification), and on the extent of certification or retraining necessary to eliminate such shortages, that is based, to the maximum extent possible, on existing assessments of personnel needs;


(C) an analysis of the major findings of the Secretary's most recent reviews of State compliance, as they relate to improving results for children with disabilities; and

(D) an analysis of other information, reasonably available to the State, on the effectiveness of the State's systems of early intervention, special education, and general education in meeting the needs of children with disabilities.

(c) Improvement strategies

Each State improvement plan shall-

(1) describe a partnership agreement that-

(A) specifies-

(i) the nature and extent of the partnership among the State educational agency, local educational agencies, and other State agencies involved in, or concerned with, the education of children with disabilities, and the respective roles of each member of the partnership; and

(ii) how such agencies will work in partnership with other persons and organizations involved in, and concerned with, the education of children with disabilities, including the respective roles of each of these persons and organizations; and


(B) is in effect for the period of the grant;


(2) describe how grant funds will be used in undertaking the systemic-change activities, and the amount and nature of funds from any other sources, including part B [subchapter II] funds retained for use at the State level under sections 1411(f) and 1419(d) of this title, that will be committed to the systemic-change activities;

(3) describe the strategies the State will use to address the needs identified under subsection (b) of this section, including-

(A) how the State will change State policies and procedures to address systemic barriers to improving results for children with disabilities;

(B) how the State will hold local educational agencies and schools accountable for educational progress of children with disabilities;

(C) how the State will provide technical assistance to local educational agencies and schools to improve results for children with disabilities;

(D) how the State will address the identified needs for in-service and pre-service preparation to ensure that all personnel who work with children with disabilities (including both professional and paraprofessional personnel who provide special education, general education, related services, or early intervention services) have the skills and knowledge necessary to meet the needs of children with disabilities, including a description of how-

(i) the State will prepare general and special education personnel with the content knowledge and collaborative skills needed to meet the needs of children with disabilities, including how the State will work with other States on common certification criteria;

(ii) the State will prepare professionals and paraprofessionals in the area of early intervention with the content knowledge and collaborative skills needed to meet the needs of infants and toddlers with disabilities;

(iii) the State will work with institutions of higher education and other entities that (on both a pre-service and an in-service basis) prepare personnel who work with children with disabilities to ensure that those institutions and entities develop the capacity to support quality professional development programs that meet State and local needs;

(iv) the State will work to develop collaborative agreements with other States for the joint support and development of programs to prepare personnel for which there is not sufficient demand within a single State to justify support or development of such a program of preparation;

(v) the State will work in collaboration with other States, particularly neighboring States, to address the lack of uniformity and reciprocity in the credentialing of teachers and other personnel;

(vi) the State will enhance the ability of teachers and others to use strategies, such as behavioral interventions, to address the conduct of children with disabilities that impedes the learning of children with disabilities and others;

(vii) the State will acquire and disseminate, to teachers, administrators, school board members, and related services personnel, significant knowledge derived from educational research and other sources, and how the State will, when appropriate, adopt promising practices, materials, and technology;

(viii) the State will recruit, prepare, and retain qualified personnel, including personnel with disabilities and personnel from groups that are underrepresented in the fields of regular education, special education, and related services;

(ix) the plan is integrated, to the maximum extent possible, with other professional development plans and activities, including plans and activities developed and carried out under other Federal and State laws that address personnel recruitment and training; and

(x) the State will provide for the joint training of parents and special education, related services, and general education personnel;


(E) strategies that will address systemic problems identified in Federal compliance reviews, including shortages of qualified personnel;

(F) how the State will disseminate results of the local capacity-building and improvement projects funded under section 1411(f)(4) of this title;

(G) how the State will address improving results for children with disabilities in the geographic areas of greatest need; and

(H) how the State will assess, on a regular basis, the extent to which the strategies implemented under this part have been effective; and


(4) describe how the improvement strategies described in paragraph (3) will be coordinated with public and private sector resources.

(d) Competitive awards

(1) In general

The Secretary shall make grants under this part on a competitive basis.

(2) Priority

The Secretary may give priority to applications on the basis of need, as indicated by such information as the findings of Federal compliance reviews.

(e) Peer review

(1) In general

The Secretary shall use a panel of experts who are competent, by virtue of their training, expertise, or experience, to evaluate applications under this part.

(2) Composition of panel

A majority of a panel described in paragraph (1) shall be composed of individuals who are not employees of the Federal Government.

(3) Payment of fees and expenses of certain members

The Secretary may use available funds appropriated to carry out this part to pay the expenses and fees of panel members who are not employees of the Federal Government.

(f) Reporting procedures

Each State educational agency that receives a grant under this part shall submit performance reports to the Secretary pursuant to a schedule to be determined by the Secretary, but not more frequently than annually. The reports shall describe the progress of the State in meeting the performance goals established under section 1412(a)(16) of this title, analyze the effectiveness of the State's strategies in meeting those goals, and identify any changes in the strategies needed to improve its performance.

(Pub. L. 91–230, title VI, §653, as added Pub. L. 105–17, title I, §101, June 4, 1997, 111 Stat. 125 .)

References in Text

The Elementary and Secondary Education Act of 1965, referred to in subsec. (a)(2)(A), is Pub. L. 89–10, Apr. 11, 1965, 79 Stat. 27 , as amended generally by Pub. L. 103–382, title I, §101, Oct. 20, 1994, 108 Stat. 3519 , which is classified generally to chapter 70 (§6301 et seq.) 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.

The Rehabilitation Act of 1973, referred to in subsec. (a)(2)(A), is Pub. L. 93–112, Sept. 26, 1973, 87 Stat. 355 , as amended, which is classified generally to chapter 16 (§701 et seq.) of Title 29, Labor. For complete classification of this Act to the Code, see Short Title note set out under section 701 of Title 29 and Tables.

Prior Provisions

A prior section 1453, Pub. L. 91–230, title VI, §653, Apr. 13, 1970, 84 Stat. 187 ; Pub. L. 94–142, §6(b), Nov. 29, 1975, 89 Stat. 795 ; Pub. L. 99–386, title II, §204, Aug. 22, 1986, 100 Stat. 823 , related to establishment and operation of centers on educational media and materials for handicapped, prior to repeal by Pub. L. 99–457, title III, §316, Oct. 8, 1986, 100 Stat. 1171 .

Section Referred to in Other Sections

This section is referred to in sections 1412, 1413 of this title.