§1461. Administrative provisions

(a) Comprehensive plan

(1) In general

The Secretary shall develop and implement a comprehensive plan for activities carried out under this part in order to enhance the provision of educational, related, transitional, and early intervention services to children with disabilities under subchapters II and III of this chapter. The plan shall include mechanisms to address educational, related services, transitional, and early intervention needs identified by State educational agencies in applications submitted for State program improvement grants under part A of this subchapter.

(2) Participants in plan development

In developing the plan described in paragraph (1), the Secretary shall consult with-

(A) individuals with disabilities;

(B) parents of children with disabilities;

(C) appropriate professionals; and

(D) representatives of State and local educational agencies, private schools, institutions of higher education, other Federal agencies, the National Council on Disability, and national organizations with an interest in, and expertise in, providing services to children with disabilities and their families.

(3) Public comment

The Secretary shall take public comment on the plan.

(4) Distribution of funds

In implementing the plan, the Secretary shall, to the extent appropriate, ensure that funds are awarded to recipients under this part to carry out activities that benefit, directly or indirectly, children with disabilities of all ages.

(5) Reports to Congress

The Secretary shall periodically report to the Congress on the Secretary's activities under this subsection, including an initial report not later than the date that is 18 months after June 4, 1997.

(b) Eligible applicants

(1) In general

Except as otherwise provided in this part, the following entities are eligible to apply for a grant, contract, or cooperative agreement under this part:

(A) A State educational agency.

(B) A local educational agency.

(C) An institution of higher education.

(D) Any other public agency.

(E) A private nonprofit organization.

(F) An outlying area.

(G) An Indian tribe or a tribal organization (as defined under section 450b of title 25).

(H) A for-profit organization, if the Secretary finds it appropriate in light of the purposes of a particular competition for a grant, contract, or cooperative agreement under this part.

(2) Special rule

The Secretary may limit the entities eligible for an award of a grant, contract, or cooperative agreement to one or more categories of eligible entities described in paragraph (1).

(c) Use of funds by Secretary

Notwithstanding any other provision of law, and in addition to any authority granted the Secretary under subpart 1 of this part or subpart 2 of this part, the Secretary may use up to 20 percent of the funds available under either subpart 1 of this part or subpart 2 of this part for any fiscal year to carry out any activity, or combination of activities, subject to such conditions as the Secretary determines are appropriate effectively to carry out the purposes of such subparts, that-

(1) is consistent with the purposes of subpart 1 of this part, subpart 2 of this part, or both; and

(2) involves-

(A) research;

(B) personnel preparation;

(C) parent training and information;

(D) technical assistance and dissemination;

(E) technology development, demonstration, and utilization; or

(F) media services.

(d) Special populations

(1) Application requirement

In making an award of a grant, contract, or cooperative agreement under this part, the Secretary shall, as appropriate, require an applicant to demonstrate how the applicant will address the needs of children with disabilities from minority backgrounds.

(2) Outreach and technical assistance

(A) Requirement

Notwithstanding any other provision of this chapter, the Secretary shall ensure that at least one percent of the total amount of funds appropriated to carry out this part is used for either or both of the following activities:

(i) To provide outreach and technical assistance to Historically Black Colleges and Universities, and to institutions of higher education with minority enrollments of at least 25 percent, to promote the participation of such colleges, universities, and institutions in activities under this part.

(ii) To enable Historically Black Colleges and Universities, and the institutions described in clause (i), to assist other colleges, universities, institutions, and agencies in improving educational and transitional results for children with disabilities.

(B) Reservation of funds

The Secretary may reserve funds appropriated under this part to satisfy the requirement of subparagraph (A).

(e) Priorities

(1) In general

Except as otherwise explicitly authorized in this part, the Secretary shall ensure that a grant, contract, or cooperative agreement under subpart 1 or 2 of this part is awarded only-

(A) for activities that are designed to benefit children with disabilities, their families, or the personnel employed to work with such children or their families; or

(B) to benefit other individuals with disabilities that such subpart is intended to benefit.

(2) Priority for particular activities

Subject to paragraph (1), the Secretary, in making an award of a grant, contract, or cooperative agreement under this part, may, without regard to the rule making procedures under section 553 of title 5, limit competitions to, or otherwise give priority to-

(A) projects that address one or more-

(i) age ranges;

(ii) disabilities;

(iii) school grades;

(iv) types of educational placements or early intervention environments;

(v) types of services;

(vi) content areas, such as reading; or

(vii) effective strategies for helping children with disabilities learn appropriate behavior in the school and other community-based educational settings;

(B) projects that address the needs of children based on the severity of their disability;

(C) projects that address the needs of-

(i) low-achieving students;

(ii) underserved populations;

(iii) children from low-income families;

(iv) children with limited English proficiency;

(v) unserved and underserved areas;

(vi) particular types of geographic areas; or

(vii) children whose behavior interferes with their learning and socialization;

(D) projects to reduce inappropriate identification of children as children with disabilities, particularly among minority children;

(E) projects that are carried out in particular areas of the country, to ensure broad geographic coverage; and

(F) any activity that is expressly authorized in subpart 1 or 2 of this part.

(f) Applicant and recipient responsibilities

(1) Development and assessment of projects

The Secretary shall require that an applicant for, and a recipient of, a grant, contract, or cooperative agreement for a project under this part-

(A) involve individuals with disabilities or parents of individuals with disabilities in planning, implementing, and evaluating the project; and

(B) where appropriate, determine whether the project has any potential for replication and adoption by other entities.

(2) Additional responsibilities

The Secretary may require a recipient of a grant, contract, or cooperative agreement for a project under this part-

(A) to share in the cost of the project;

(B) to prepare the research and evaluation findings and products from the project in formats that are useful for specific audiences, including parents, administrators, teachers, early intervention personnel, related services personnel, and individuals with disabilities;

(C) to disseminate such findings and products; and

(D) to collaborate with other such recipients in carrying out subparagraphs (B) and (C).

(g) Application management

(1) Standing panel

(A) In general

The Secretary shall establish and use a standing panel of experts who are competent, by virtue of their training, expertise, or experience, to evaluate applications under this part that, individually, request more than $75,000 per year in Federal financial assistance.

(B) Membership

The standing panel shall include, at a minimum-

(i) individuals who are representatives of institutions of higher education that plan, develop, and carry out programs of personnel preparation;

(ii) individuals who design and carry out programs of research targeted to the improvement of special education programs and services;

(iii) individuals who have recognized experience and knowledge necessary to integrate and apply research findings to improve educational and transitional results for children with disabilities;

(iv) individuals who administer programs at the State or local level in which children with disabilities participate;

(v) individuals who prepare parents of children with disabilities to participate in making decisions about the education of their children;

(vi) individuals who establish policies that affect the delivery of services to children with disabilities;

(vii) individuals who are parents of children with disabilities who are benefiting, or have benefited, from coordinated research, personnel preparation, and technical assistance; and

(viii) individuals with disabilities.

(C) Training

The Secretary shall provide training to the individuals who are selected as members of the standing panel under this paragraph.

(D) Term

No individual shall serve on the standing panel for more than 3 consecutive years, unless the Secretary determines that the individual's continued participation is necessary for the sound administration of this part.

(2) Peer-review panels for particular competitions

(A) Composition

The Secretary shall ensure that each sub-panel selected from the standing panel that reviews applications under this part includes-

(i) individuals with knowledge and expertise on the issues addressed by the activities authorized by the ¹ part; and

(ii) to the extent practicable, parents of children with disabilities, individuals with disabilities, and persons from diverse backgrounds.

(B) Federal employment limitation

A majority of the individuals on each sub-panel that reviews an application under this part shall be individuals who are not employees of the Federal Government.

(3) Use of discretionary funds for administrative purposes

(A) Expenses and fees of non-Federal panel members

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

(B) Administrative support

The Secretary may use not more than 1 percent of the funds appropriated to carry out this part to pay non-Federal entities for administrative support related to management of applications submitted under this part.

(C) Monitoring

The Secretary may use funds available under this part to pay the expenses of Federal employees to conduct on-site monitoring of projects receiving $500,000 or more for any fiscal year under this part.

(h) Program evaluation

The Secretary may use funds appropriated to carry out this part to evaluate activities carried out under the ¹ part.

(i) Minimum funding required

(1) In general

Subject to paragraph (2), the Secretary shall ensure that, for each fiscal year, at least the following amounts are provided under this part to address the following needs:

(A) $12,832,000 to address the educational, related services, transitional, and early intervention needs of children with deaf-blindness.

(B) $4,000,000 to address the postsecondary, vocational, technical, continuing, and adult education needs of individuals with deafness.

(C) $4,000,000 to address the educational, related services, and transitional needs of children with an emotional disturbance and those who are at risk of developing an emotional disturbance.

(2) Ratable reduction

If the total amount appropriated to carry out sections 1472, 1473, and 1485 of this title for any fiscal year is less than $130,000,000, the amounts listed in paragraph (1) shall be ratably reduced.

(j) Eligibility for financial assistance

Effective for fiscal years for which the Secretary may make grants under section 1419(b) of this title, no State or local educational agency or educational service agency or other public institution or agency may receive a grant under this part which 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 section 1419(b) of this title.

(Pub. L. 91–230, title VI, §661, as added Pub. L. 105–17, title I, §101, June 4, 1997, 111 Stat. 130 .)

Prior Provisions

A prior section 1461, Pub. L. 91–230, title VI, §661, as added Pub. L. 99–457, title III, §317, Oct. 8, 1986, 100 Stat. 1172 ; amended Pub. L. 100–630, title I, §107(b), Nov. 7, 1988, 102 Stat. 3301 ; Pub. L. 101–476, title VII, §701, title IX, §901(b)(154)–(156), Oct. 30, 1990, 104 Stat. 1140 , 1149; Pub. L. 102–119, §25(a)(15), (b), Oct. 7, 1991, 105 Stat. 606 , 607, related to financial assistance for the purpose of advancing use of new technology, media, and materials in education of students with disabilities and provision of related services and early intervention services to infants and toddlers with disabilities, prior to repeal by Pub. L. 105–17, title II, §203(c), June 4, 1997, 111 Stat. 157 , effective Oct. 1, 1997.

Another prior section 1461, Pub. L. 91–230, title VI, §661, Apr. 13, 1970, 84 Stat. 187 ; Pub. L. 93–380, title VI, §621, Aug. 21, 1974, 88 Stat. 585 ; Pub. L. 98–199, §3(b), Dec. 2, 1983, 97 Stat. 1358 , related to research, training, and model centers respecting special programs for children with specific learning disabilities, providing in subsec. (a), Secretary's grant and contract authority, functions of model centers, and considerations governing making of contracts and grants; subsec. (b), other considerations in making awards, geographical distribution of training programs and trained personnel, and a model center in each State; and subsec. (c), appropriations authorization of $10, $20, and $20 million dollars for fiscal years ending June 30, 1975 through 1977, respectively, prior to repeal by Pub. L. 98–199, §14, Dec. 2, 1983, 97 Stat. 1374 .

A prior section 1462, Pub. L. 91–230, title VI, §662, as added Pub. L. 99–457, title III, §317, Oct. 8, 1986, 100 Stat. 1172 ; amended Pub. L. 101–476, title VII, §702, Oct. 30, 1990, 104 Stat. 1141 , authorized appropriations, prior to repeal by Pub. L. 105–17, title II, §203(c), June 4, 1997, 111 Stat. 157 , effective Oct. 1, 1997.

A prior section 662 of Pub. L. 91–230, title VI, Apr. 13, 1970, 84 Stat. 188 , eff. July 1, 1971, repealed sections 611 to 618, 621 to 624, and 871 to 880a of this title, and sections 2491 to 2494 and 2698 to 2698b of Title 42, The Public Health and Welfare, and amended section 676 of this title, prior to repeal by Pub. L. 98–199, §14, Dec. 2, 1983, 97 Stat. 1374 .

Effective Date

Section effective Oct. 1, 1997, except subsec. (g)(1), (2) effective Jan. 1, 1998, see section 201(c) of Pub. L. 105–17, set out as a note under section 1451 of this title.

Section Referred to in Other Sections

This section is referred to in section 1417 of this title.

¹ So in original. Probably should be "this".