20 USC 1474: Studies and evaluations
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20 USC 1474: Studies and evaluations 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 B-Coordinated Research, Personnel Preparation, Technical Assistance, Support, and Dissemination of Informationsubpart 1-improving early intervention, educational, and transitional services and results for children with disabilities through coordinated research and personnel preparation

§1474. Studies and evaluations

(a) Studies and evaluations

(1) In general

The Secretary shall, directly or through grants, contracts, or cooperative agreements, assess the progress in the implementation of this chapter, including the effectiveness of State and local efforts to provide-

(A) a free appropriate public education to children with disabilities; and

(B) early intervention services to infants and toddlers with disabilities and infants and toddlers who would be at risk of having substantial developmental delays if early intervention services were not provided to them.

(2) Authorized activities

In carrying out this subsection, the Secretary may support studies, evaluations, and assessments, including studies that-

(A) analyze measurable impact, outcomes, and results achieved by State educational agencies and local educational agencies through their activities to reform policies, procedures, and practices designed to improve educational and transitional services and results for children with disabilities;

(B) analyze State and local needs for professional development, parent training, and other appropriate activities that can reduce the need for disciplinary actions involving children with disabilities;

(C) assess educational and transitional services and results for children with disabilities from minority backgrounds, including-

(i) data on-

(I) the number of minority children who are referred for special education evaluation;

(II) the number of minority children who are receiving special education and related services and their educational or other service placement; and

(III) the number of minority children who graduated from secondary and postsecondary education programs; and


(ii) the performance of children with disabilities from minority backgrounds on State assessments and other performance indicators established for all students;


(D) measure educational and transitional services and results of children with disabilities under this chapter, including longitudinal studies that-

(i) examine educational and transitional services and results for children with disabilities who are 3 through 17 years of age and are receiving special education and related services under this chapter, using a national, representative sample of distinct age cohorts and disability categories; and

(ii) examine educational results, postsecondary placement, and employment status of individuals with disabilities, 18 through 21 years of age, who are receiving or have received special education and related services under this chapter; and


(E) identify and report on the placement of children with disabilities by disability category.

(b) National assessment

(1) In general

The Secretary shall carry out a national assessment of activities carried out with Federal funds under this chapter in order-

(A) to determine the effectiveness of this chapter in achieving its purposes;

(B) to provide information to the President, the Congress, the States, local educational agencies, and the public on how to implement the 1 chapter more effectively; and

(C) to provide the President and the Congress with information that will be useful in developing legislation to achieve the purposes of this chapter more effectively.

(2) Consultation

The Secretary shall plan, review, and conduct the national assessment under this subsection in consultation with researchers, State practitioners, local practitioners, parents of children with disabilities, individuals with disabilities, and other appropriate individuals.

(3) Scope of assessment

The national assessment shall examine how well schools, local educational agencies, States, other recipients of assistance under this chapter, and the Secretary are achieving the purposes of this chapter, including-

(A) improving the performance of children with disabilities in general scholastic activities and assessments as compared to nondisabled children;

(B) providing for the participation of children with disabilities in the general curriculum;

(C) helping children with disabilities make successful transitions from-

(i) early intervention services to preschool education;

(ii) preschool education to elementary school; and

(iii) secondary school to adult life;


(D) placing and serving children with disabilities, including minority children, in the least restrictive environment appropriate;

(E) preventing children with disabilities, especially children with emotional disturbances and specific learning disabilities, from dropping out of school;

(F) addressing behavioral problems of children with disabilities as compared to nondisabled children;

(G) coordinating services provided under this chapter with each other, with other educational and pupil services (including preschool services), and with health and social services funded from other sources;

(H) providing for the participation of parents of children with disabilities in the education of their children; and

(I) resolving disagreements between education personnel and parents through activities such as mediation.

(4) Interim and final reports

The Secretary shall submit to the President and the Congress-

(A) an interim report that summarizes the preliminary findings of the assessment not later than October 1, 1999; and

(B) a final report of the findings of the assessment not later than October 1, 2001.

(c) Annual report

The Secretary shall report annually to the Congress on-

(1) an analysis and summary of the data reported by the States and the Secretary of the Interior under section 1418 of this title;

(2) the results of activities conducted under subsection (a) of this section;

(3) the findings and determinations resulting from reviews of State implementation of this chapter.

(d) Technical assistance to LEA

The Secretary shall provide directly, or through grants, contracts, or cooperative agreements, technical assistance to local educational agencies to assist them in carrying out local capacity-building and improvement projects under section 1411(f)(4) of this title and other LEA systemic improvement activities under this chapter.

(e) Reservation for studies and technical assistance

(1) In general

Except as provided in paragraph (2) and notwithstanding any other provision of this chapter, the Secretary may reserve up to one-half of one percent of the amount appropriated under subchapters II and III of this chapter for each fiscal year to carry out this section.

(2) Maximum amount

For the first fiscal year in which the amount described in paragraph (1) is at least $20,000,000, the maximum amount the Secretary may reserve under paragraph (1) is $20,000,000. For each subsequent fiscal year, the maximum amount the Secretary may reserve under paragraph (1) is $20,000,000, increased by the cumulative rate of inflation since the fiscal year described in the previous sentence.

(3) Use of maximum amount

In any fiscal year described in paragraph (2) for which the Secretary reserves the maximum amount described in that paragraph, the Secretary shall use at least half of the reserved amount for activities under subsection (d) of this section.

(Pub. L. 91–230, title VI, §674, as added Pub. L. 105–17, title I, §101, June 4, 1997, 111 Stat. 143 .)

Prior Provisions

Prior sections 1474 to 1480 were repealed by Pub. L. 105–17, title II, §203(b), June 4, 1997, 111 Stat. 157 , effective July 1, 1998.

Section 1474, Pub. L. 91–230, title VI, §674, as added Pub. L. 99–457, title I, §101(a), Oct. 8, 1986, 100 Stat. 1147 , related to general eligibility.

Section 1475, Pub. L. 91–230, title VI, §675, as added Pub. L. 99–457, title I, §101(a), Oct. 8, 1986, 100 Stat. 1147 ; amended Pub. L. 100–630, title I, §108(c), Nov. 7, 1988, 102 Stat. 3301 ; Pub. L. 101–476, title IX, §901(b)(165), Oct. 30, 1990, 104 Stat. 1150 ; Pub. L. 102–52, §10, June 6, 1991, 105 Stat. 263 ; Pub. L. 102–119, §§19(c), 25(b), Oct. 7, 1991, 105 Stat. 601 , 607, related to continuing eligibility.

Section 1476, Pub. L. 91–230, title VI, §675, as added Pub. L. 99–457, title I, §101(a), Oct. 8, 1986, 100 Stat. 1147 ; amended Pub. L. 100–630, title I, §108(c), Nov. 7, 1988, 102 Stat. 3301 ; Pub. L. 101–476, title IX, §901(b)(165), Oct. 30, 1990, 104 Stat. 1150 ; Pub. L. 102–52, §10, June 6, 1991, 105 Stat. 263 ; Pub. L. 102–119, §§19(c), 25(b), Oct. 7, 1991, 105 Stat. 601 , 607, related to the minimum components for a statewide system providing early intervention services to infants and toddlers with disabilities and their families.

Section 1477, Pub. L. 91–230, title VI, §677, as added Pub. L. 99–457, title I, §101(a), Oct. 8, 1986, 100 Stat. 1149 ; amended Pub. L. 100–630, title I, §108(f), Nov. 7, 1988, 102 Stat. 3301 ; Pub. L. 101–476, title IX, §901(b)(174)–(176), Oct. 30, 1990, 104 Stat. 1150 ; Pub. L. 102–119, §§14, 25(b), Oct. 7, 1991, 105 Stat. 597 , 607, related to the individualized family service plan.

Section 1478, Pub. L. 91–230, title VI, §678, as added Pub. L. 99–457, title I, §101(a), Oct. 8, 1986, 100 Stat. 1150 ; amended Pub. L. 100–630, title I, §108(g), Nov. 7, 1988, 102 Stat. 3302 ; Pub. L. 101–476, title IX, §901(b)(177), Oct. 30, 1990, 104 Stat. 1150 ; Pub. L. 102–119, §§15, 25(b), Oct. 7, 1991, 105 Stat. 597 , 607, related to contents of State application, statement of assurances, and approval process.

Section 1479, Pub. L. 91–230, title VI, §679, as added Pub. L. 99–457, title I, §101(a), Oct. 8, 1986, 100 Stat. 1151 ; amended Pub. L. 100–630, title I, §108(h), Nov. 7, 1988, 102 Stat. 3302 ; Pub. L. 101–476, title IX, §901(b)(178), Oct. 30, 1990, 104 Stat. 1150 ; Pub. L. 102–119, §§16, 25(b), Oct. 7, 1991, 105 Stat. 598 , 607, related to permissible uses of funds.

Section 1480, Pub. L. 91–230, title VI, §680, as added Pub. L. 99–457, title I, §101(a), Oct. 8, 1986, 100 Stat. 1152 ; amended Pub. L. 100–630, title I, §108(i), Nov. 7, 1988, 102 Stat. 3302 ; Pub. L. 101–476, title IX, §901(b)(179), (180), Oct. 30, 1990, 104 Stat. 1150 ; Pub. L. 102–119, §§17, 25(b), Oct. 7, 1991, 105 Stat. 598 , 607, related to procedural safeguards.

Section Referred to in Other Sections

This section is referred to in sections 1411, 1419, 1451, 1471, 1472, 1481 of this title.

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