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20 U.S.C. § 1452 — Purpose; definition of personnel; program authority

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

20 U.S.C. § 1452 — Purpose; definition of personnel; program authority

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Stable record: federal_law:legal_authorities:record_usc_7a21475681a18647180edf28
Source file: Laws/federal/codes/united-states-code/title-20/section-1452-purpose-definition-of-personnel-program-authority--bf71f5c53e.md
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Source location: Title 20, Chapter 33, § 1452; chapter-033-education-of-individuals-with-disabilities.md

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**(a) Purpose** The purpose of this part is to assist State educational agencies in reforming and improving their systems for personnel preparation and professional development in early intervention, educational, and transition services in order to improve results for children with disabilities. **(b) Definition of personnel** In this part the term “personnel” means special education teachers, regular education teachers, principals, administrators, related services personnel, paraprofessionals, and early intervention personnel serving infants, toddlers, preschoolers, or children with disabilities, except where a particular category of personnel, such as related services personnel, is identified. **(c) Competitive grants** (1) **In general** — Except as provided in subsection (d), for any fiscal year for which the amount appropriated under [section 1455 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section1455&num=0&edition=prelim), that remains after the Secretary reserves funds under subsection (e) for the fiscal year, is less than $100,000,000, the Secretary shall award grants, on a competitive basis, to State educational agencies to carry out the activities described in the State plan submitted under [section 1453 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section1453&num=0&edition=prelim). (2) **Priority** — In awarding grants under paragraph (1), the Secretary may give priority to State educational agencies that— (A) are in States with the greatest personnel shortages; or (B) demonstrate the greatest difficulty meeting the requirements of [section 1412(a)(14) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section1412/a/14&num=0&edition=prelim). (3) **Minimum amount** — The Secretary shall make a grant to each State educational agency selected under paragraph (1) in an amount for each fiscal year that is— (A) not less than $500,000, nor more than $4,000,000, in the case of the 50 States, the District of Columbia, and the Commonwealth of Puerto Rico; and (B) not less than $80,000 in the case of an outlying area. (4) **Increase in amount** — The Secretary may increase the amounts of grants under paragraph (4) to account for inflation. (5) **Factors** — The Secretary shall determine the amount of a grant under paragraph (1) after considering— (A) the amount of funds available for making the grants; (B) the relative population of the State or outlying area; (C) the types of activities proposed by the State or outlying area; (D) the alignment of proposed activities with [section 1412(a)(14) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section1412/a/14&num=0&edition=prelim); (E) the alignment of proposed activities with the State plans and applications submitted under sections 6311 and 6611(d) 11 So in original. Probably should be followed by a comma. respectively, of this title; and (F) the use, as appropriate, of scientifically based research activities. **(d) Formula grants** (1) **In general** — Except as provided in paragraphs (2) and (3), for the first fiscal year for which the amount appropriated under [section 1455 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section1455&num=0&edition=prelim), that remains after the Secretary reserves funds under subsection (e) for the fiscal year, is equal to or greater than $100,000,000, and for each fiscal year thereafter, the Secretary shall allot to each State educational agency, whose application meets the requirements of this part, an amount that bears the same relation to the amount remaining as the amount the State received under [section 1411(d) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section1411/d&num=0&edition=prelim) for that fiscal year bears to the amount of funds received by all States (whose applications meet the requirements of this part) under [section 1411(d) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section1411/d&num=0&edition=prelim) for that fiscal year. (2) **Minimum allotments for States that received competitive grants** (A) *In general* — The amount allotted under this subsection to any State educational agency that received a competitive multi-year grant under subsection (c) for which the grant period has not expired shall be not less than the amount specified for that fiscal year in the State educational agency’s grant award document under that subsection. (B) *Special rule* — Each such State educational agency shall use the minimum amount described in subparagraph (A) for the activities described in the State educational agency’s competitive grant award document for that year, unless the Secretary approves a request from the State educational agency to spend the funds on other activities. (3) **Minimum allotment** — The amount of any State educational agency’s allotment under this subsection for any fiscal year shall not be less than— (A) the greater of $500,000 or ½ of 1 percent of the total amount available under this subsection for that year, in the case of each of the 50 States, the District of Columbia, and the Commonwealth of Puerto Rico; and (B) $80,000, in the case of an outlying area. (4) **Direct benefit** — In using grant funds allotted under paragraph (1), a State educational agency shall, through grants, contracts, or cooperative agreements, undertake activities that significantly and directly benefit the local educational agencies in the State. **(e) Continuation awards** (1) **In general** — Notwithstanding any other provision of this part, from funds appropriated under [section 1455 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section1455&num=0&edition=prelim) for each fiscal year, the Secretary shall reserve the amount that is necessary to make a continuation award to any State educational agency (at the request of the State educational agency) that received a multi-year award under this subchapter (as this subchapter was in effect on the day before December 3, 2004), to enable the State educational agency to carry out activities in accordance with the terms of the multi-year award. (2) **Prohibition** — A State educational agency that receives a continuation award under paragraph (1) for any fiscal year may not receive any other award under this part for that fiscal year.

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

20 U.S.C. § 1453 — Eligibility and collaborative process

**(a) Eligible applicants** A State educational agency may apply for a grant under this part for a grant period of not less than 1 year and not more than 5 years. **(b) Partners** (1) **In general** — In order to be considered for a grant under this part, a State educational agency shall establish a partnership with local educational agencies and other State agencies involved in, or concerned with, the education of children with disabilities, including— (A) not less than 1 institution of higher education; and (B) the State agencies responsible for administering subchapter III, early education, child care, and vocational rehabilitation programs. (2) **Other partners** — In order to be considered for a grant under this part, a State educational agency shall work in partnership with other persons and organizations involved in, and concerned with, the education of children with disabilities, which may include— (A) the Governor; (B) parents of children with disabilities ages birth through 26; (C) parents of nondisabled children ages birth through 26; (D) individuals with disabilities; (E) parent training and information centers or community parent resource centers funded under sections 1471 and 1472 of this title, respectively; (F) community based and other nonprofit organizations involved in the education and employment of individuals with disabilities; (G) personnel as defined in [section 1451(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section1451/b&num=0&edition=prelim); (H) the State advisory panel established under subchapter II; (I) the State interagency coordinating council established under subchapter III; (J) individuals knowledgeable about vocational education; (K) the State agenc

Source: Supplied U.S. Code snapshot — release unconfirmed · 20 U.S.C. § 1453

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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.

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

20 U.S.C. § 1400 — Short title; findings; purposes

**(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

Source: Supplied U.S. Code snapshot — release unconfirmed · 20 U.S.C. § 1400

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

20 U.S.C. § 1455 — Use of funds

**(a) Professional development activities** A State educational agency that receives a grant under this part shall use the grant funds to support activities in accordance with the State’s plan described in [section 1453 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section1453&num=0&edition=prelim), including 1 or more of the following: (1) Carrying out programs that provide support to both special education and regular education teachers of children with disabilities and principals, such as programs that— (A) provide teacher mentoring, team teaching, reduced class schedules and case loads, and intensive professional development; (B) use standards or assessments for guiding beginning teachers that are consistent with challenging State academic achievement standards and with the requirements for professional development, as defined in [section 7801 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section7801&num=0&edition=prelim); and (C) encourage collaborative and consultative models of providing early intervention, special education, and related services. (2) Encouraging and supporting the training of special education and regular education teachers and administrators to effectively use and integrate technology— (A) into curricula and instruction, including training to improve the ability to collect, manage, and analyze data to improve teaching, decisionmaking, school improvement efforts, and accountability; (B) to enhance learning by children with disabilities; and (C) to effectively communicate with parents. (3) Providing professional development activities that— (A) improve the knowledge of special education and regular education teachers concerning— (i) the academ

Source: Supplied U.S. Code snapshot — release unconfirmed · 20 U.S.C. § 1455

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

20 U.S.C. § 1452 — Eligibility and collaborative process

Page 1001 TITLE 20—EDUCATION § 1452 State educational agency to spend the funds on other activities. (3) Minimum allotment The amount of any State educational agen- cy’s allotment under this subsection for any fiscal year shall not be less than— (A) the greater of $500,000 or 1⁄2 of 1 percent of the total amount available under this sub- section for that year, in the case of each of the 50 States, the District of Columbia, and the Commonwealth of Puerto Rico; and (B) $80,000, in the case of an outlying area. (4) Direct benefit In using grant funds allotted under para- graph (1), a State educational agency shall, through grants, contracts, or cooperative agreements, undertake activities that signifi- cantly and directly benefit the local edu- cational agencies in the State. (e) Continuation awards (1) In general Notwithstanding any other provision of this part, from funds appropriated under section 1455 of this title for each fiscal year, the Sec- retary shall reserve the amount that is nec- essary to make a continuation award to any State educational agency (at the request of the State educational agency) that received a multi-year award under this subchapter (as this subchapter was in effect on the day before December 3, 2004), to enable the State edu- cational agency to carry out activities in ac- cordance with the terms of the multi-year award. (2) Prohibition A State educational agency that receives a continuation award under paragraph (1) for any fiscal year may not receive any other award under this part for that fiscal year. (Pub. L. 91–230, title VI, § 651, as added Pub. L. 108–446, title I, § 101, Dec. 3, 2004, 118 Stat. 2765; amended Pub. L. 114–95, title IX, § 9215(ss)(6), Dec. 10, 2015, 129 Stat. 2183.) Editorial Notes PRIOR

Source: Supplied 2024 U.S. Code historical extraction · 20 U.S.C. § 1452

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