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20 U.S.C. § 1444 — Authorization of appropriations
Federal law — U.S. Code and appendices · legal_authorities
For the purpose of carrying out this subchapter, there are authorized to be appropriated such sums as may be necessary for each of the fiscal years 2005 through 2010.
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Source location: Title 20, Chapter 33, § 1444; chapter-033-education-of-individuals-with-disabilities.md
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For the purpose of carrying out this subchapter, there are authorized to be appropriated such sums as may be necessary for each of the fiscal years 2005 through 2010.
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Short title** This chapter may be cited as the “Individuals with Disabilities Education Act”.
**(b) Omitted**
**(c) Findings** Congress finds the following:
(1) Disability is a natural part of the human experience and in no way diminishes the right of individuals to participate in or contribute to society. Improving educational results for children with disabilities is an essential element of our national policy of ensuring equality of opportunity, full participation, independent living, and economic self-sufficiency for individuals with disabilities.
(2) Before the date of enactment of the Education for All Handicapped Children Act of 1975 (Public Law 94–142), the educational needs of millions of children with disabilities were not being fully met because—
(A) the children did not receive appropriate educational services;
(B) the children were excluded entirely from the public school system and from being educated with their peers;
(C) undiagnosed disabilities prevented the children from having a successful educational experience; or
(D) a lack of adequate resources within the public school system forced families to find services outside the public school system.
(3) Since the enactment and implementation of the Education for All Handicapped Children Act of 1975, this chapter has been successful in ensuring children with disabilities and the families of such children access to a free appropriate public education and in improving educational results for children with disabilities.
(4) However, the implementation of this chapter has been impeded by low expectations, and an insufficient focus on applying replicable research on proven methods of teaching and learning for children with disabilities.
(5) Almost 30 years of research and experience has
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Reservation of funds for outlying areas**
(1) **In general** — From the sums appropriated to carry out this subchapter for any fiscal year, the Secretary may reserve not more than 1 percent for payments to Guam, American Samoa, the United States Virgin Islands, and the Commonwealth of the Northern Mariana Islands in accordance with their respective needs for assistance under this subchapter.
(2) **Consolidation of funds** — The provisions of Public Law 95–134, permitting the consolidation of grants to the outlying areas, shall not apply to funds those areas receive under this subchapter.
**(b) Payments to Indians**
(1) **In general** — The Secretary shall, subject to this subsection, make payments to the Secretary of the Interior to be distributed to tribes, tribal organizations (as defined under [section 5304 of title 25](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title25-section5304&num=0&edition=prelim)), or consortia of the above entities for the coordination of assistance in the provision of early intervention services by the States to infants and toddlers with disabilities and their families on reservations served by elementary schools and secondary schools for Indian children operated or funded by the Department of the Interior. The amount of such payment for any fiscal year shall be 1.25 percent of the aggregate of the amount available to all States under this subchapter for such fiscal year.
(2) **Allocation** — For each fiscal year, the Secretary of the Interior shall distribute the entire payment received under paragraph (1) by providing to each tribe, tribal organization, or consortium an amount based on the number of infants and toddlers residing on the reservation, as determined annually, divided by the total of such children s
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Federal law — U.S. Code and appendices · legal_authorities
Page 998
TITLE 20—EDUCATION
§ 1444
(2) Minimum allotments
Except as provided in paragraph (3), no State
shall receive an amount under this section for
any fiscal year that is less than the greater
of—
(A)
1⁄2
of 1 percent of the remaining
amount described in paragraph (1); or
(B) $500,000.
(3) Ratable reduction
(A) In general
If the sums made available under this sub-
chapter for any fiscal year are insufficient
to pay the full amounts that all States are
eligible to receive under this subsection for
such year, the Secretary shall ratably re-
duce the allotments to such States for such
year.
(B) Additional funds
If additional funds become available for
making payments under this subsection for
a fiscal year, allotments that were reduced
under subparagraph (A) shall be increased on
the same basis the allotments were reduced.
(4) Definitions
In this subsection—
(A) the terms ‘‘infants’’ and ‘‘toddlers’’
mean children under 3 years of age; and
(B) the term ‘‘State’’ means each of the 50
States, the District of Columbia, and the
Commonwealth of Puerto Rico.
(d) Reallotment of funds
If a State elects not to receive its allotment
under subsection (c), the Secretary shall reallot,
among the remaining States, amounts from
such State in accordance with such subsection.
(e) Reservation for State incentive grants
(1) In general
For any fiscal year for which the amount ap-
propriated pursuant to the authorization of
appropriations under section 1444 of this title
exceeds $460,000,000, the Secretary shall re-
serve 15 percent of such appropriated amount
to provide grants to States that are carrying
out the policy described in section 1435(c) of
this title in order to facilitate the implemen-
tation of such policy.
(2) Amount of grant
(A) In g
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