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20 U.S.C. § 1482 — Comprehensive plan for parts B and C

Federal law — U.S. Code and appendices · legal_authorities

20 U.S.C. § 1482 — Comprehensive plan for parts B and C

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Stable record: federal_law:legal_authorities:record_usc_09c5f7595418980cdebe2a7a
Source file: Laws/federal/codes/united-states-code/title-20/section-1482-comprehensive-plan-for-parts-b-and-c--ddf4dfd67a.md
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Source location: Title 20, Chapter 33, § 1482; chapter-033-education-of-individuals-with-disabilities.md

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**(a) Comprehensive plan** (1) **In general** — 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 [section 9567b(c) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section9567b/c&num=0&edition=prelim) 11 See References in Text note below. 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** — The 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 December 3, 2004. **(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** The 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 [section 553 of title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section553&num=0&edition=prelim), 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) children with disabilities served by local educational agencies that receive payments under title VII of the Elementary and Secondary Education Act of 1965 [[20 U.S.C. 7701](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section7701&num=0&edition=prelim) 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** No 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 [section 1419(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section1419/b&num=0&edition=prelim).

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Federal law — U.S. Code and appendices · legal_authorities

20 U.S.C. § 6301 — Agreements and records

**(a) Agreements** In any case in which a negotiated rulemaking process is established under [section 6571(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section6571/b&num=0&edition=prelim), all published proposed regulations shall conform to agreements that result from the rulemaking described in [section 6571 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section6571&num=0&edition=prelim) unless the Secretary reopens the negotiated rulemaking process. **(b) Records** The Secretary shall ensure that an accurate and reliable record of agreements reached during the negotiations process is maintained.

Source: Supplied U.S. Code snapshot — release unconfirmed · 20 U.S.C. § 6301

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Federal law — U.S. Code and appendices · legal_authorities

20 U.S.C. § 7701 — Purpose

In order to fulfill the Federal responsibility to assist with the provision of educational services to federally connected children in a manner that promotes control by local educational agencies with little or no Federal or State involvement, because certain activities of the Federal Government, such as activities to fulfill the responsibilities of the Federal Government with respect to Indian tribes and activities under [section 4001 of title 50](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title50-section4001&num=0&edition=prelim), place a financial burden on the local educational agencies serving areas where such activities are carried out, and to help such children meet the same challenging State academic standards, it is the purpose of this subchapter to provide financial assistance to local educational agencies that— (1) experience a substantial and continuing financial burden due to the acquisition of real property by the United States; (2) educate children who reside on Federal property and whose parents are employed on Federal property; (3) educate children of parents who are in the military services and children who live in low-rent housing; (4) educate heavy concentrations of children whose parents are civilian employees of the Federal Government and do not reside on Federal property; or (5) need special assistance with capital expenditures for construction activities because of the enrollments of substantial numbers of children who reside on Federal lands and because of the difficulty of raising local revenue through bond referendums for capital projects due to the inability to tax Federal property.

Source: Supplied U.S. Code snapshot — release unconfirmed · 20 U.S.C. § 7701

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Federal law — U.S. Code and appendices · legal_authorities

5 U.S.C. § 553 — Rule making

**(a)** This section applies, according to the provisions thereof, except to the extent that there is involved— (1) a military or foreign affairs function of the United States; or (2) a matter relating to agency management or personnel or to public property, loans, grants, benefits, or contracts. **(b)** General notice of proposed rule making shall be published in the Federal Register, unless persons subject thereto are named and either personally served or otherwise have actual notice thereof in accordance with law. The notice shall include— (1) a statement of the time, place, and nature of public rule making proceedings; (2) reference to the legal authority under which the rule is proposed; (3) either the terms or substance of the proposed rule or a description of the subjects and issues involved; and (4) the Internet address of a summary of not more than 100 words in length of the proposed rule, in plain language, that shall be posted on the Internet website under section 206(d) of the E-Government Act of 2002 ([44 U.S.C. 3501](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title44-section3501&num=0&edition=prelim) note) (commonly known as regulations.gov). Except when notice or hearing is required by statute, this subsection does not apply— (A) to interpretative rules, general statements of policy, or rules of agency organization, procedure, or practice; or (B) when the agency for good cause finds (and incorporates the finding and a brief statement of reasons therefor in the rules issued) that notice and public procedure thereon are impracticable, unnecessary, or contrary to the public interest. **(c)** After notice required by this section, the agency shall give interested persons an opportunity to participate in the rule making through subm

Source: Supplied U.S. Code snapshot — release unconfirmed · 5 U.S.C. § 553

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Federal law — U.S. Code and appendices · legal_authorities

20 U.S.C. § 1482 — Administrative provisions

Page 1021 TITLE 20—EDUCATION § 1482 (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 No 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 exclu- sively to programs, projects, and activities per- taining 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, § 681, as added Pub. L. 108–446, title I, § 101, Dec. 3, 2004, 118 Stat. 2795; amended Pub. L. 114–95, title IX, § 9215(ss)(11), Dec. 10, 2015, 129 Stat. 2183.) Editorial Notes REFERENCES IN TEXT Section 9567b(c) of this title, referred to in subsec. (a)(1), was in the original ‘‘section 178(c) of the Edu- cation Sciences Reform Act of 2002’’, meaning section 178(c) of Pub. L. 107–279, which was translated as read- ing section 177(c) of Pub. L. 107–279, to reflect the prob- able intent of Congress, because Pub. L. 107–279 does not contain a section 178 and section 177(c) of that Act requires development of a plan. The Elementary and Secondary Education Act of 1965, referred to in subsec. (d)(3)(K), is Pub. L. 89–10, Apr. 11, 1965, 79 Stat. 27. Title VII of the Act is classi- fied generally to subchapter VII (§ 7701 et seq.) of chap- ter 70 of this title. For complete classification of this Act to the Code, see Short Title note set out under sec- tion 6301 of this title a

Source: Supplied 2024 U.S. Code historical extraction · 20 U.S.C. § 1482

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Federal law — U.S. Code and appendices · legal_authorities

20 U.S.C. § 7701 — Purpose

Page 1572 TITLE 20—EDUCATION § 7701 general amendment of former subchapter VII of this chapter by Pub. L. 107–110. Prior sections 7547 to 7602 were omitted in the general amendment of former subchapter VII of this chapter by Pub. L. 107–110. Section 7547, Pub. L. 89–10, title VII, § 7307, as added Pub. L. 103–382, title I, § 101, Oct. 20, 1994, 108 Stat. 3743, related to uses of funds. Section 7548, Pub. L. 89–10, title VII, § 7308, as added Pub. L. 103–382, title I, § 101, Oct. 20, 1994, 108 Stat. 3744, related to reports. Section 7549, Pub. L. 89–10, title VII, § 7309, as added Pub. L. 103–382, title I, § 101, Oct. 20, 1994, 108 Stat. 3744, authorized appropriations. Section 7571, Pub. L. 89–10, title VII, § 7401, as added Pub. L. 103–382, title I, § 101, Oct. 20, 1994, 108 Stat. 3744, related to release time. Section 7572, Pub. L. 89–10, title VII, § 7402, as added Pub. L. 103–382, title I, § 101, Oct. 20, 1994, 108 Stat. 3744, related to acquisition or development of education technology. Section 7573, Pub. L. 89–10, title VII, § 7403, as added Pub. L. 103–382, title I, § 101, Oct. 20, 1994, 108 Stat. 3744, related to notification of awards. Section 7574, Pub. L. 89–10, title VII, § 7404, as added Pub. L. 103–382, title I, § 101, Oct. 20, 1994, 108 Stat. 3744, related to continued eligibility for grants. Section 7575, Pub. L. 89–10, title VII, § 7405, as added Pub. L. 103–382, title I, § 101, Oct. 20, 1994, 108 Stat. 3744, related to coordination and reporting requirements. Section 7601, Pub. L. 89–10, title VII, § 7501, as added Pub. L. 103–382, title I, § 101, Oct. 20, 1994, 108 Stat. 3745; amended Pub. L. 105–244, title I, § 102(a)(6)(J), title IX, § 901(d), Oct. 7, 1998, 112 Stat. 1619, 1828, defined terms. Section 7602, Pub. L.

Source: Supplied 2024 U.S. Code historical extraction · 20 U.S.C. § 7701

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