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20 U.S.C. § 1455 — Use of funds

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

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Source location: Title 20, Chapter 33, § 1455; chapter-033-education-of-individuals-with-disabilities.md

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**(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 academic and developmental or functional needs of students with disabilities; or (ii) effective instructional strategies, methods, and skills, and the use of State academic content standards and student academic achievement and functional standards, and State assessments, to improve teaching practices and student academic achievement; (B) improve the knowledge of special education and regular education teachers and principals and, in appropriate cases, paraprofessionals, concerning effective instructional practices, and that— (i) provide training in how to teach and address the needs of children with different learning styles and children who are limited English proficient; (ii) involve collaborative groups of teachers, administrators, and, in appropriate cases, related services personnel; (iii) provide training in methods of— (I) positive behavioral interventions and supports to improve student behavior in the classroom; (II) scientifically based reading instruction, including early literacy instruction; (III) early and appropriate interventions to identify and help children with disabilities; (IV) effective instruction for children with low incidence disabilities; (V) successful transitioning to postsecondary opportunities; and (VI) using classroom-based techniques to assist children prior to referral for special education; (iv) provide training to enable personnel to work with and involve parents in their child’s education, including parents of low income and limited English proficient children with disabilities; (v) provide training for special education personnel and regular education personnel in planning, developing, and implementing effective and appropriate IEPs; and (vi) provide training to meet the needs of students with significant health, mobility, or behavioral needs prior to serving such students; (C) train administrators, principals, and other relevant school personnel in conducting effective IEP meetings; and (D) train early intervention, preschool, and related services providers, and other relevant school personnel, in conducting effective individualized family service plan (IFSP) meetings. (4) Developing and implementing initiatives to promote the recruitment and retention of special education teachers who meet the qualifications described in [section 1412(a)(14)(C) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section1412/a/14/C&num=0&edition=prelim), particularly initiatives that have been proven effective in recruiting and retaining teachers, including programs that provide— (A) teacher mentoring from exemplary special education teachers, principals, or superintendents; (B) induction and support for special education teachers during their first 3 years of employment as teachers; or (C) incentives, including financial incentives, to retain special education teachers who have a record of success in helping students with disabilities. (5) Carrying out programs and activities that are designed to improve the quality of personnel who serve children with disabilities, such as— (A) innovative professional development programs (which may be provided through partnerships that include institutions of higher education), including programs that train teachers and principals to integrate technology into curricula and instruction to improve teaching, learning, and technology literacy, which professional development shall be consistent with the definition of professional development in [section 7801 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section7801&num=0&edition=prelim); and (B) the development and use of proven, cost effective strategies for the implementation of professional development activities, such as through the use of technology and distance learning. (6) Carrying out programs and activities that are designed to improve the quality of early intervention personnel, including paraprofessionals and primary referral sources, such as— (A) professional development programs to improve the delivery of early intervention services; (B) initiatives to promote the recruitment and retention of early intervention personnel; and (C) interagency activities to ensure that early intervention personnel are adequately prepared and trained. **(b) Other 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) Reforming special education and regular education teacher certification (including recertification) or licensing requirements to ensure that— (A) special education and regular education teachers have— (i) the training and information necessary to address the full range of needs of children with disabilities across disability categories; and (ii) the necessary subject matter knowledge and teaching skills in the academic subjects that the teachers teach; (B) special education and regular education teacher certification (including recertification) or licensing requirements are aligned with challenging State academic content standards; and (C) special education and regular education teachers have the subject matter knowledge and teaching skills, including technology literacy, necessary to help students with disabilities meet challenging State student academic achievement and functional standards. (2) Programs that establish, expand, or improve alternative routes for State certification of special education teachers for individuals with a baccalaureate or master’s degree who meet the qualifications described in [section 1412(a)(14)(C) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section1412/a/14/C&num=0&edition=prelim), including mid-career professionals from other occupations, paraprofessionals, and recent college or university graduates with records of academic distinction who demonstrate the potential to become highly effective special education teachers. (3) Teacher advancement initiatives for special education teachers that promote professional growth and emphasize multiple career paths (such as paths to becoming a career teacher, mentor teacher, or exemplary teacher) and pay differentiation. (4) Developing and implementing mechanisms to assist local educational agencies and schools in effectively recruiting and retaining special education teachers who meet the qualifications described in [section 1412(a)(14)(C) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section1412/a/14/C&num=0&edition=prelim). (5) Reforming tenure systems, implementing teacher testing for subject matter knowledge, and implementing teacher testing for State certification or licensing, consistent with title II of the Higher Education Act of 1965 [[20 U.S.C. 1021](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section1021&num=0&edition=prelim) et seq.]. (6) Funding projects to promote reciprocity of teacher certification or licensing between or among States for special education teachers, except that no reciprocity agreement developed under this paragraph or developed using funds provided under this part may lead to the weakening of any State teaching certification or licensing requirement. (7) Assisting local educational agencies to serve children with disabilities through the development and use of proven, innovative strategies to deliver intensive professional development programs that are both cost effective and easily accessible, such as strategies that involve delivery through the use of technology, peer networks, and distance learning. (8) Developing, or assisting local educational agencies in developing, merit based performance systems, and strategies that provide differential and bonus pay for special education teachers. (9) Supporting activities that ensure that teachers are able to use challenging State academic content standards and student academic achievement and functional standards, and State assessments for all children with disabilities, to improve instructional practices and improve the academic achievement of children with disabilities. (10) When applicable, coordinating with, and expanding centers established under, [section 6613(c)(18) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section6613/c/18&num=0&edition=prelim) (as such section was in effect on the day before December 10, 2015) to benefit special education teachers. **(c) Contracts and subgrants** A State educational agency that receives a grant under this part— (1) shall award contracts or subgrants to local educational agencies, institutions of higher education, parent training and information centers, or community parent resource centers, as appropriate, to carry out its State plan under this part; and (2) may award contracts and subgrants to other public and private entities, including the lead agency under subchapter III, to carry out the State plan. **(d) Use of funds for professional development** A State educational agency that receives a grant under this part shall use— (1) not less than 90 percent of the funds the State educational agency receives under the grant for any fiscal year for activities under subsection (a); and (2) not more than 10 percent of the funds the State educational agency receives under the grant for any fiscal year for activities under subsection (b). **(e) Grants to outlying areas** Public Law 95–134, permitting the consolidation of grants to the outlying areas, shall not apply to funds received under this part.

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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

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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

48 U.S.C. § 1469a — Congressional declaration of policy respecting “Insular Areas”

In order to minimize the burden caused by existing application and reporting procedures for certain grant-in-aid programs available to the Virgin Islands, Guam, American Samoa, the Trust Territory of the Pacific Islands, and the Government of the Northern Mariana Islands (hereafter referred to as “Insular Areas”) it is declared to be the policy of the Congress, notwithstanding any provision of law to the contrary, that: **(a)** Any department or agency of the Government of the United States which administers any Act of Congress which specifically provides for making grants to any Insular Area under which payments received may be used by such Insular Area only for certain specified purposes (other than direct payments to classes of individuals) may, acting through appropriate administrative authorities of such department or agency, consolidate any or all grants made to such area for any fiscal year or years. **(b)** Any consolidated grant for any insular area shall not be less than the sum of all grants which such area would otherwise be entitled to receive for such year. **(c)** The funds received under a consolidated grant shall be expended in furtherance of the programs and purposes authorized for any of the grants which are being consolidated, which are authorized under any of the Acts administered by the department or agency making the grant, and which would be applicable to grants for such programs and purposes in the absence of the consolidation, but the Insular Areas shall determine the proportion of the funds granted which shall be allocated to such programs and purposes. **(d)** Each department or agency making grants-in-aid shall, by regulations published in the Federal Register, provide the method by which any Insular Area may submit (i) a single applicat

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

20 U.S.C. § 1001 — General definition of institution of higher education

**(a) Institution of higher education** For purposes of this chapter, other than subchapter IV, the term “institution of higher education” means an educational institution in any State that— (1) admits as regular students only persons having a certificate of graduation from a school providing secondary education, or the recognized equivalent of such a certificate, or persons who meet the requirements of [section 1091(d) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section1091/d&num=0&edition=prelim); (2) is legally authorized within such State to provide a program of education beyond secondary education; (3) provides an educational program for which the institution awards a bachelor’s degree or provides not less than a 2-year program that is acceptable for full credit toward such a degree, or awards a degree that is acceptable for admission to a graduate or professional degree program, subject to review and approval by the Secretary; (4) is a public or other nonprofit institution; and (5) is accredited by a nationally recognized accrediting agency or association, or if not so accredited, is an institution that has been granted preaccreditation status by such an agency or association that has been recognized by the Secretary for the granting of preaccreditation status, and the Secretary has determined that there is satisfactory assurance that the institution will meet the accreditation standards of such an agency or association within a reasonable time. **(b) Additional institutions included** For purposes of this chapter, other than subchapter IV, the term “institution of higher education” also includes— (1) any school that provides not less than a 1-year program of training to prepare students for gainful employment in a re

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

20 U.S.C. § 1021 — Limitations

**(a) Federal control prohibited** Nothing in this subchapter shall be construed to permit, allow, encourage, or authorize any Federal control over any aspect of any private, religious, or home school, whether or not a home school is treated as a private school or home school under State law. This section shall not be construed to prohibit private, religious, or home schools from participation in programs or services under this subchapter. **(b) No change in State control encouraged or required** Nothing in this subchapter shall be construed to encourage or require any change in a State’s treatment of any private, religious, or home school, whether or not a home school is treated as a private school or home school under State law. **(c) National system of teacher certification or licensure prohibited** Nothing in this subchapter shall be construed to permit, allow, encourage, or authorize the Secretary to establish or support any national system of teacher certification or licensure. **(d) Rule of construction** Nothing in this subchapter shall be construed to alter or otherwise affect the rights, remedies, and procedures afforded to the employees of local educational agencies under Federal, State, or local laws (including applicable regulations or court orders) or under the terms of collective bargaining agreements, memoranda of understanding, or other agreements between such employees and their employers.

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

20 U.S.C. § 7801 — Definitions

Except as otherwise provided, in this chapter: (1) **Average daily attendance** (A) *In general* — Except as provided otherwise by State law or this paragraph, the term “average daily attendance” means— (i) the aggregate number of days of attendance of all students during a school year; divided by (ii) the number of days school is in session during that year. (B) *Conversion* — The Secretary shall permit the conversion of average daily membership (or other similar data) to average daily attendance for local educational agencies in States that provide State aid to local educational agencies on the basis of average daily membership (or other similar data). (C) *Special rule* — If the local educational agency in which a child resides makes a tuition or other payment for the free public education of the child in a school located in another school district, the Secretary shall, for the purpose of this chapter— (i) consider the child to be in attendance at a school of the agency making the payment; and (ii) not consider the child to be in attendance at a school of the agency receiving the payment. (D) *Children with disabilities* — If a local educational agency makes a tuition payment to a private school or to a public school of another local educational agency for a child with a disability, as defined in [section 1401 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section1401&num=0&edition=prelim), the Secretary shall, for the purpose of this chapter, consider the child to be in attendance at a school of the agency making the payment. (2) **Average per-pupil expenditure** — The term “average per-pupil expenditure” means, in the case of a State or of the United States— (A) without regard to the source o

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

20 U.S.C. § 6613 — Authorization of appropriations

**(a) Grants to States and local educational agencies** For the purpose of carrying out part A, there are authorized to be appropriated $2,295,830,000 for each of fiscal years 2017 through 2020. **(b) National activities** For the purpose of carrying out part B, there are authorized to be appropriated— (1) $468,880,575 for each of fiscal years 2017 and 2018; (2) $469,168,000 for fiscal year 2019; and (3) $489,168,000 for fiscal year 2020.

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

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

**(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=preli

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

20 U.S.C. § 1021 — Definitions

Page 243 TITLE 20—EDUCATION § 1021 (A) the applicant may qualify for Federal student financial assistance through a pro- gram under subchapter IV of this chapter, or State or institutional student financial as- sistance, in place of, or in addition to, a pri- vate education loan; (B) the applicant is encouraged to discuss the availability of Federal, State, and insti- tutional student financial assistance with fi- nancial aid officials at the applicant’s insti- tution of higher education; (C) a private education loan may affect the applicant’s eligibility for free or low-cost Federal, State or institutional student fi- nancial assistance; and (D) the information that the applicant is required to provide on the form is available from officials at the financial aid office of the institution of higher education; (4) include a place to provide information on— (A) the applicant’s cost of attendance at the institution of higher education, as deter- mined by the institution under part F of subchapter IV; (B) the applicant’s estimated financial as- sistance, including amounts of financial as- sistance used to replace the student aid index, as determined by the institution, in accordance with subchapter IV, for students who have completed the Free Application for Federal Student Aid; and (C) the difference between the amounts under subparagraphs (A) and (B), as applica- ble; and (5) include a place for the applicant’s signa- ture, in written or electronic form. (b) Limit on liability Nothing in this section shall be construed to create a private right of action against an insti- tution of higher education with respect to the form developed under subsection (a). (Pub. L. 89–329, title I, § 155, as added Pub. L. 110–315, title X, § 1021(b), Aug. 14, 2008

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

20 U.S.C. § 1455 — Authorization of appropriations

Page 1006 TITLE 20—EDUCATION § 1455 tained in section 501 of Pub. L. 95–134 which is classified to section 1469a of Title 48, Territories and Insular Pos- sessions. PRIOR PROVISIONS A prior section 1454, Pub. L. 91–230, title VI, § 654, as added Pub. L. 105–17, title I, § 101, June 4, 1997, 111 Stat. 128, related to use of funds, prior to the general amend- ment of subchapters I to IV of this chapter by Pub. L. 108–446. Another prior section 1454, Pub. L. 91–230, title VI, § 653, formerly § 654, Apr. 13, 1970, 84 Stat. 187; Pub. L. 93–380, title VI, § 620(2), Aug. 21, 1974, 88 Stat. 585; Pub. L. 95–49, § 6, June 17, 1977, 91 Stat. 231; Pub. L. 98–199, § 13, Dec. 2, 1983, 97 Stat. 1374; renumbered § 653 and amended Pub. L. 99–457, title III, § 316, Oct. 8, 1986, 100 Stat. 1171; Pub. L. 101–476, title VI, § 603, Oct. 30, 1990, 104 Stat. 1140, authorized appropriations, prior to repeal by Pub. L. 105–17, title II, § 203(c), June 4, 1997, 111 Stat. 157, effective Oct. 1, 1997. AMENDMENTS 2015—Subsec. (a)(1)(B). Pub. L. 114–95, § 9215(ss)(8)(A)(i), substituted ‘‘challenging State aca- demic achievement standards and with the require- ments for professional development, as defined in sec- tion 7801 of this title’’ for ‘‘challenging State student academic achievement and functional standards and with the requirements for professional development, as defined in section 7801 of this title’’. Subsec. (a)(4). Pub. L. 114–95, § 9214(d)(4)(A), sub- stituted ‘‘special education teachers who meet the qualifications described in section 1412(a)(14)(C) of this title, particularly initiatives that have been proven ef- fective in recruiting and retaining teachers’’ for ‘‘high- ly qualified special education teachers, particularly initiatives that have been pr

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