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20 U.S.C. § 1419 — Preschool grants
Federal law — U.S. Code and appendices · legal_authorities
**(a) In general** The Secretary shall provide grants under this section to assist States to provide special education and related services, in accordance with this subchapter—
(1) to children with disabilities aged 3 through 5, inclusive; and
(2) at the State’s discretion, to 2-year-old children with disabilities who will turn 3 during the school year.
**(b) Eligibility** A State shall be eligible for a grant under this section if such State—
(1) is eligible under [section 1412 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section1412&num=0&edition=prelim) to receive a grant under this subchapter; and
(2) makes a free appropriate public education available to all children with disabilities, aged 3 through 5, residing in the State.
**(c) Allocations to States**
(1) **In general** — The Secretary shall allocate the amount made available to carry out this section for a fiscal year among the States in accordance with paragraph (2) or (3), as the case may be.
(2) **Increase in funds** — If the amount available for allocations to States under paragraph (1) for a fiscal year is equal to or greater than the amount allocated to the States under this section for the preceding fiscal year, those allocations shall be calculated as follows:
(A) *Allocation*
(i) *In general* — Except as provided in subparagraph (B), the Secretary shall—
(I) allocate to each State the amount the State received under this section for fiscal year 1997;
(II) allocate 85 percent of any remaining funds to States on the basis of the States’ relative populations of children aged 3 through 5; and
(III) allocate 15 percent of those remaining funds to States on the basis of the States’ relative populations of all children aged 3 through
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Stable record: federal_law:legal_authorities:record_usc_423fac0bd805766cf37ef02d
Source file: Laws/federal/codes/united-states-code/title-20/section-1419-preschool-grants--82cbf3eb78.md
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Source location: Title 20, Chapter 33, § 1419; chapter-033-education-of-individuals-with-disabilities.md
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**(a) In general** The Secretary shall provide grants under this section to assist States to provide special education and related services, in accordance with this subchapter—
(1) to children with disabilities aged 3 through 5, inclusive; and
(2) at the State’s discretion, to 2-year-old children with disabilities who will turn 3 during the school year.
**(b) Eligibility** A State shall be eligible for a grant under this section if such State—
(1) is eligible under [section 1412 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section1412&num=0&edition=prelim) to receive a grant under this subchapter; and
(2) makes a free appropriate public education available to all children with disabilities, aged 3 through 5, residing in the State.
**(c) Allocations to States**
(1) **In general** — The Secretary shall allocate the amount made available to carry out this section for a fiscal year among the States in accordance with paragraph (2) or (3), as the case may be.
(2) **Increase in funds** — If the amount available for allocations to States under paragraph (1) for a fiscal year is equal to or greater than the amount allocated to the States under this section for the preceding fiscal year, those allocations shall be calculated as follows:
(A) *Allocation*
(i) *In general* — Except as provided in subparagraph (B), the Secretary shall—
(I) allocate to each State the amount the State received under this section for fiscal year 1997;
(II) allocate 85 percent of any remaining funds to States on the basis of the States’ relative populations of children aged 3 through 5; and
(III) allocate 15 percent of those remaining funds to States on the basis of the States’ relative populations of all children aged 3 through 5 who are living in poverty.
(ii) *Data* — For the purpose of making grants under this paragraph, the Secretary shall use the most recent population data, including data on children living in poverty, that are available and satisfactory to the Secretary.
(B) *Limitations* — Notwithstanding subparagraph (A), allocations under this paragraph shall be subject to the following:
(i) *Preceding years* — No State’s allocation shall be less than its allocation under this section for the preceding fiscal year.
(ii) *Minimum* — No State’s allocation shall be less than the greatest of—
(I) the sum of—
(aa) the amount the State received under this section for fiscal year 1997; and
(bb) ⅓ of 1 percent of the amount by which the amount appropriated under subsection (j) for the fiscal year exceeds the amount appropriated for this section for fiscal year 1997;
(II) the sum of—
(aa) the amount the State received under this section for the preceding fiscal year; and
(bb) that amount multiplied by the percentage by which the increase in the funds appropriated under this section from the preceding fiscal year exceeds 1.5 percent; or
(III) the sum of—
(aa) the amount the State received under this section for the preceding fiscal year; and
(bb) that amount multiplied by 90 percent of the percentage increase in the amount appropriated under this section from the preceding fiscal year.
(iii) *Maximum* — Notwithstanding clause (ii), no State’s allocation under this paragraph shall exceed the sum of—
(I) the amount the State received under this section for the preceding fiscal year; and
(II) that amount multiplied by the sum of 1.5 percent and the percentage increase in the amount appropriated under this section from the preceding fiscal year.
(C) *Ratable reductions* — If the amount available for allocations under this paragraph is insufficient to pay those allocations in full, those allocations shall be ratably reduced, subject to subparagraph (B)(i).
(3) **Decrease in funds** — If the amount available for allocations to States under paragraph (1) for a fiscal year is less than the amount allocated to the States under this section for the preceding fiscal year, those allocations shall be calculated as follows:
(A) *Allocations* — If the amount available for allocations is greater than the amount allocated to the States for fiscal year 1997, each State shall be allocated the sum of—
(i) the amount the State received under this section for fiscal year 1997; and
(ii) an amount that bears the same relation to any remaining funds as the increase the State received under this section for the preceding fiscal year over fiscal year 1997 bears to the total of all such increases for all States.
(B) *Ratable reductions* — If the amount available for allocations is equal to or less than the amount allocated to the States for fiscal year 1997, each State shall be allocated the amount the State received for fiscal year 1997, ratably reduced, if necessary.
**(d) Reservation for State activities**
(1) **In general** — Each State may reserve not more than the amount described in paragraph (2) for administration and other State-level activities in accordance with subsections (e) and (f).
(2) **Amount described** — For each fiscal year, the Secretary shall determine and report to the State educational agency an amount that is 25 percent of the amount the State received under this section for fiscal year 1997, cumulatively adjusted by the Secretary for each succeeding fiscal year by the lesser of—
(A) the percentage increase, if any, from the preceding fiscal year in the State’s allocation under this section; or
(B) the percentage increase, if any, from the preceding fiscal year in the Consumer Price Index For All Urban Consumers published by the Bureau of Labor Statistics of the Department of Labor.
**(e) State administration**
(1) **In general** — For the purpose of administering this section (including the coordination of activities under this subchapter with, and providing technical assistance to, other programs that provide services to children with disabilities) a State may use not more than 20 percent of the maximum amount the State may reserve under subsection (d) for any fiscal year.
(2) **Administration of subchapter III** — Funds described in paragraph (1) may also be used for the administration of subchapter III.
**(f) Other State-level activities** Each State shall use any funds the State reserves under subsection (d) and does not use for administration under subsection (e)—
(1) for support services (including establishing and implementing the mediation process required by [section 1415(e) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section1415/e&num=0&edition=prelim)), which may benefit children with disabilities younger than 3 or older than 5 as long as those services also benefit children with disabilities aged 3 through 5;
(2) for direct services for children eligible for services under this section;
(3) for activities at the State and local levels to meet the performance goals established by the State under [section 1412(a)(15) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section1412/a/15&num=0&edition=prelim);
(4) to supplement other funds used to develop and implement a statewide coordinated services system designed to improve results for children and families, including children with disabilities and their families, but not more than 1 percent of the amount received by the State under this section for a fiscal year;
(5) to provide early intervention services (which shall include an educational component that promotes school readiness and incorporates preliteracy, language, and numeracy skills) in accordance with subchapter III to children with disabilities who are eligible for services under this section and who previously received services under subchapter III until such children enter, or are eligible under State law to enter, kindergarten; or
(6) at the State’s discretion, to continue service coordination or case management for families who receive services under subchapter III.
**(g) Subgrants to local educational agencies**
(1) **Subgrants required** — Each State that receives a grant under this section for any fiscal year shall distribute all of the grant funds that the State does not reserve under subsection (d) to local educational agencies in the State that have established their eligibility under [section 1413 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section1413&num=0&edition=prelim), as follows:
(A) *Base payments* — The State shall first award each local educational agency described in paragraph (1) the amount that agency would have received under this section for fiscal year 1997 if the State had distributed 75 percent of its grant for that year under [section 1419(c)(3) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section1419/c/3&num=0&edition=prelim), as such section was then in effect.
(B) *Allocation of remaining funds* — After making allocations under subparagraph (A), the State shall—
(i) allocate 85 percent of any remaining funds to those local educational agencies on the basis of the relative numbers of children enrolled in public and private elementary schools and secondary schools within the local educational agency’s jurisdiction; and
(ii) allocate 15 percent of those remaining funds to those local educational agencies in accordance with their relative numbers of children living in poverty, as determined by the State educational agency.
(2) **Reallocation of funds** — If a State educational agency determines that a local educational agency is adequately providing a free appropriate public education to all children with disabilities aged 3 through 5 residing in the area served by the local educational agency with State and local funds, the State educational agency may reallocate any portion of the funds under this section that are not needed by that local educational agency to provide a free appropriate public education to other local educational agencies in the State that are not adequately providing special education and related services to all children with disabilities aged 3 through 5 residing in the areas the other local educational agencies serve.
**(h) Subchapter III inapplicable** Subchapter III does not apply to any child with a disability receiving a free appropriate public education, in accordance with this subchapter, with funds received under this section.
**(i) State defined** In this section, the term “State” means each of the 50 States, the District of Columbia, and the Commonwealth of Puerto Rico.
**(j) Authorization of appropriations** There are authorized to be appropriated to carry out this section such sums as may be necessary.
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Federal law — U.S. Code and appendices · legal_authorities
**(a) In general** A State is eligible for assistance under this subchapter for a fiscal year if the State submits a plan that provides assurances to the Secretary that the State has in effect policies and procedures to ensure that the State meets each of the following conditions:
(1) **Free appropriate public education**
(A) *In general* — A free appropriate public education is available to all children with disabilities residing in the State between the ages of 3 and 21, inclusive, including children with disabilities who have been suspended or expelled from school.
(B) *Limitation* — The obligation to make a free appropriate public education available to all children with disabilities does not apply with respect to children—
(i) aged 3 through 5 and 18 through 21 in a State to the extent that its application to those children would be inconsistent with State law or practice, or the order of any court, respecting the provision of public education to children in those age ranges; and
(ii) aged 18 through 21 to the extent that State law does not require that special education and related services under this subchapter be provided to children with disabilities who, in the educational placement prior to their incarceration in an adult correctional facility—
(I) were not actually identified as being a child with a disability under [section 1401 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section1401&num=0&edition=prelim); or
(II) did not have an individualized education program under this subchapter.
(C) *State flexibility* — A State that provides early intervention services in accordance with subchapter III to a child who is eligible for services under [section 1419 of this title](https://uscode.hou
Source: Supplied U.S. Code snapshot — release unconfirmed · 20 U.S.C. § 1412
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Federal law — U.S. Code and appendices · legal_authorities
**(a) In general** A local educational agency is eligible for assistance under this subchapter for a fiscal year if such agency submits a plan that provides assurances to the State educational agency that the local educational agency meets each of the following conditions:
(1) **Consistency with State policies** — The local educational agency, in providing for the education of children with disabilities within its jurisdiction, has in effect policies, procedures, and programs that are consistent with the State policies and procedures established under [section 1412 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section1412&num=0&edition=prelim).
(2) **Use of amounts**
(A) *In general* — Amounts provided to the local educational agency under this subchapter shall be expended in accordance with the applicable provisions of this subchapter and—
(i) shall be used only to pay the excess costs of providing special education and related services to children with disabilities;
(ii) shall be used to supplement State, local, and other Federal funds and not to supplant such funds; and
(iii) shall not be used, except as provided in subparagraphs (B) and (C), to reduce the level of expenditures for the education of children with disabilities made by the local educational agency from local funds below the level of those expenditures for the preceding fiscal year.
(B) *Exception* — Notwithstanding the restriction in subparagraph (A)(iii), a local educational agency may reduce the level of expenditures where such reduction is attributable to—
(i) the voluntary departure, by retirement or otherwise, or departure for just cause, of special education personnel;
(ii) a decrease in the enrollment of children with disabili
Source: Supplied U.S. Code snapshot — release unconfirmed · 20 U.S.C. § 1413
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Federal law — U.S. Code and appendices · legal_authorities
In this chapter:
(1) **Authorizing committees** — The term “authorizing committees” means the Committee on Health, Education, Labor, and Pensions of the Senate and the Committee on Education and Labor of the House of Representatives.
(2) **Combination of institutions of higher education** — The term “combination of institutions of higher education” means a group of institutions of higher education that have entered into a cooperative arrangement for the purpose of carrying out a common objective, or a public or private nonprofit agency, organization, or institution designated or created by a group of institutions of higher education for the purpose of carrying out a common objective on the group’s behalf.
(3) **Critical foreign language** — Except as otherwise provided, the term “critical foreign language” means each of the languages contained in the list of critical languages designated by the Secretary in the Federal Register on August 2, 1985 (50 Fed. Reg. 31412; promulgated under the authority of section 212(d) of the Education for Economic Security Act (repealed by section 2303 of the Augustus F. Hawkins-Robert T. Stafford Elementary and Secondary School Improvement Amendments of 1988)), as updated by the Secretary from time to time and published in the Federal Register, except that in the implementation of this definition with respect to a specific title, the Secretary may set priorities according to the purposes of such title and the national security, economic competitiveness, and educational needs of the United States.
(4) **Department** — The term “Department” means the Department of Education.
(5) **Diploma mill** — The term “diploma mill” means an entity that—
(A)
(i) offers, for a fee, degrees, diplomas, or certificates, that may be used to rep
Source: Supplied U.S. Code snapshot — release unconfirmed · 20 U.S.C. § 1003
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Federal law — U.S. Code and appendices · legal_authorities
In this part, the term “early childhood education program” means—
(1) a Head Start program or an Early Head Start program carried out under the Head Start Act ([42 U.S.C. 9831](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section9831&num=0&edition=prelim) et seq.), including a migrant or seasonal Head Start program or an Indian Head Start program;
(2) a State licensed or regulated child care program; or
(3) a State prekindergarten program or a program authorized under section 619 [[20 U.S.C. 1419](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section1419&num=0&edition=prelim)] or part C [[20 U.S.C. 1431](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section1431&num=0&edition=prelim) et seq.] of the Individuals with Disabilities Education Act, that serves children from birth through age six and that addresses the children’s cognitive (including language, early literacy, and pre-numeracy), social, emotional, and physical development.
Source: Supplied U.S. Code snapshot — release unconfirmed · 20 U.S.C. § 1161i–1
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Grants to States**
(1) **Purpose of grants** — The Secretary shall make grants to States, outlying areas, and freely associated States, and provide funds to the Secretary of the Interior, to assist them to provide special education and related services to children with disabilities in accordance with this subchapter.
(2) **Maximum amount** — The maximum amount of the grant a State may receive under this section—
(A) for fiscal years 2005 and 2006 is—
(i) the number of children with disabilities in the State who are receiving special education and related services—
(I) aged 3 through 5 if the State is eligible for a grant under [section 1419 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section1419&num=0&edition=prelim); and
(II) aged 6 through 21; multiplied by
(ii) 40 percent of the average per-pupil expenditure in public elementary schools and secondary schools in the United States; and
(B) for fiscal year 2007 and subsequent fiscal years is—
(i) the number of children with disabilities in the 2004–2005 school year in the State who received special education and related services—
(I) aged 3 through 5 if the State is eligible for a grant under [section 1419 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section1419&num=0&edition=prelim); and
(II) aged 6 through 21; multiplied by
(ii) 40 percent of the average per-pupil expenditure in public elementary schools and secondary schools in the United States; adjusted by
(iii) the rate of annual change in the sum of—
(I) 85 percent of such State’s population described in subsection (d)(3)(A)(i)(II); and
(II) 15 percent of such State’s population described in subsection (d)
Source: Supplied U.S. Code snapshot — release unconfirmed · 20 U.S.C. § 1411
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Federal law — U.S. Code and appendices · legal_authorities
In this subchapter:
(1) **At-risk infant or toddler** — The term “at-risk infant or toddler” means an individual under 3 years of age who would be at risk of experiencing a substantial developmental delay if early intervention services were not provided to the individual.
(2) **Council** — The term “council” means a State interagency coordinating council established under [section 1441 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section1441&num=0&edition=prelim).
(3) **Developmental delay** — The term “developmental delay”, when used with respect to an individual residing in a State, has the meaning given such term by the State under [section 1435(a)(1) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section1435/a/1&num=0&edition=prelim).
(4) **Early intervention services** — The term “early intervention services” means developmental services that—
(A) are provided under public supervision;
(B) are provided at no cost except where Federal or State law provides for a system of payments by families, including a schedule of sliding fees;
(C) are designed to meet the developmental needs of an infant or toddler with a disability, as identified by the individualized family service plan team, in any 1 or more of the following areas:
(i) physical development;
(ii) cognitive development;
(iii) communication development;
(iv) social or emotional development; or
(v) adaptive development;
(D) meet the standards of the State in which the services are provided, including the requirements of this subchapter;
(E) include—
(i) family training, counseling, and home visits;
(ii) special instruction;
(iii) speech-language pathology and audiology services, a
Source: Supplied U.S. Code snapshot — release unconfirmed · 20 U.S.C. § 1432
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Federal law — U.S. Code and appendices · legal_authorities
**(a) In general** A statewide system described in [section 1433 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section1433&num=0&edition=prelim) shall include, at a minimum, the following components:
(1) A rigorous definition of the term “developmental delay” that will be used by the State in carrying out programs under this subchapter in order to appropriately identify infants and toddlers with disabilities that are in need of services under this subchapter.
(2) A State policy that is in effect and that ensures that appropriate early intervention services based on scientifically based research, to the extent practicable, are available to all infants and toddlers with disabilities and their families, including Indian infants and toddlers with disabilities and their families residing on a reservation geographically located in the State and infants and toddlers with disabilities who are homeless children and their families.
(3) A timely, comprehensive, multidisciplinary evaluation of the functioning of each infant or toddler with a disability in the State, and a family-directed identification of the needs of each family of such an infant or toddler, to assist appropriately in the development of the infant or toddler.
(4) For each infant or toddler with a disability in the State, an individualized family service plan in accordance with [section 1436 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section1436&num=0&edition=prelim), including service coordination services in accordance with such service plan.
(5) A comprehensive child find system, consistent with subchapter II, including a system for making referrals to service providers that includes timelines and provides for participation by pr
Source: Supplied U.S. Code snapshot — release unconfirmed · 20 U.S.C. § 1435
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Federal law — U.S. Code and appendices · legal_authorities
**(a) In general** In this part:
(1) **Caregiver assessment** — The term “caregiver assessment” means a defined process of gathering information to identify the specific needs, barriers to carrying out caregiving responsibilities, and existing supports of a family caregiver or older relative caregiver, as identified by the caregiver involved, to appropriately target recommendations for support services described in [section 3030s–1(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section3030s–1/b&num=0&edition=prelim). Such assessment shall be administered through direct contact with the caregiver, which may include contact through a home visit, the Internet, telephone or teleconference, or in-person interaction.
(2) **Child** — The term “child” means an individual who is not more than 18 years of age.
(3) **Individual with a disability** — The term “individual with a disability” means an individual with a disability, as defined in [section 12102 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section12102&num=0&edition=prelim), who is not less than age 18 and not more than age 59.
(4) **Older relative caregiver** — The term “older relative caregiver” means a caregiver who—
(A)
(i) is age 55 or older; and
(ii) lives with, is the informal provider of in-home and community care to, and is the primary caregiver for, a child or an individual with a disability;
(B) in the case of a caregiver for a child—
(i) is the grandparent, stepgrandparent, or other relative (other than the parent) by blood, marriage, or adoption, of the child;
(ii) is the primary caregiver of the child because the biological or adoptive parents are unable or unwilling to serve as the primary caregiver
Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 3030s
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Distribution of appropriations; priorities, etc.**
(1) Using the sums appropriated pursuant to [section 9834 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section9834&num=0&edition=prelim) for a fiscal year, the Secretary shall allocate such sums in accordance with paragraphs (2) through (5).
(2)
(A) The Secretary shall determine an amount for each fiscal year for each State that is equal to the amount received through base grants for the prior fiscal year by the Head Start agencies (including Early Head Start agencies) in the State that are not described in clause (ii) or (iii) of subparagraph (B).
(B) The Secretary shall reserve for each fiscal year such sums as are necessary—
(i) to provide each amount determined for a State under subparagraph (A) to the Head Start agencies (including Early Head Start agencies) in the State that are not described in clause (ii) or (iii), by allotting to each agency described in this clause an amount equal to that agency’s base grant for the prior fiscal year;
(ii) to provide an amount for the Indian Head Start programs that is equal to the amount provided for base grants for such programs under this subchapter for the prior fiscal year, by allotting to each Head Start agency (including each Early Head Start agency) administering an Indian Head Start program an amount equal to that agency’s base grant for the prior fiscal year;
(iii) to provide an amount for the migrant and seasonal Head Start programs, on a nationwide basis, that is equal to the amount provided nationwide for base grants for such programs under this subchapter for the prior fiscal year, by allotting to each Head Start agency administering a migrant or seasonal Head Start program an amount equal to tha
Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 9835
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Authority to designate**
(1) **In general** — The Secretary is authorized to designate as a Head Start agency any local public or private nonprofit agency, including community-based and faith-based organizations, or for-profit agency, within a community, pursuant to the requirements of this section.
(2) **Interim policy** — Notwithstanding paragraph (1), until such time as the Secretary develops and implements the system for designation renewal under this section, the Secretary is authorized to designate as a Head Start agency, any local public or private nonprofit agency, including community-based and faith-based organizations, or for-profit agency, within a community, in the manner and process utilized by the Secretary prior to December 12, 2007.
**(b) Application for designation renewal** To be considered for designation renewal, an entity shall submit an application to the Secretary, at such time and in such manner as the Secretary may require.
**(c) System for designation renewal**
(1) **In general** — The Secretary shall develop a system for designation renewal that integrates the recommendations of the expert panel convened under paragraph (2) to determine if a Head Start agency is delivering a high-quality and comprehensive Head Start program that meets the educational, health, nutritional, and social needs of the children and families it serves, and meets program and financial management requirements and standards described in [section 9836a(a)(1) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section9836a/a/1&num=0&edition=prelim), based on—
(A) annual budget and fiscal management data;
(B) program reviews conducted under [section 9836a(c) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC
Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 9836
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