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 and Tables. PRIOR PROVISIONS A prior section 1481, Pub. L. 91–230, title VI, § 681, as added Pub. L. 105–17, title I, § 101, June 4, 1997, 111 Stat. 146, related to congressional findings and purposes for subpart 2 of part B of former subchapter IV of this chapter, prior to the general amendment of subchapters I to IV of this chapter by Pub. L. 108–446. Another prior section 1481, Pub. L. 91–230, title VI, § 681, as added Pub. L. 99–457, title I, § 101(a), Oct. 8, 1986, 100 Stat. 1152; amended Pub. L. 100–630, title I, § 108(j), Nov. 7, 1988, 102 Stat. 3302; Pub. L. 101–476, title IX, § 901(b)(181), Oct. 30, 1990, 104 Stat. 1150; Pub. L. 102–119, § 25(b), Oct. 7, 1991, 105 Stat. 607, related to nonsubsti- tution of funds to pay for services which would have been paid for from another source and construction of such provisions so as not to reduce other benefits, prior to repeal by Pub. L. 105–17, title II, § 203(b), June 4, 1997, 111 Stat. 157, effective July 1, 1998. AMENDMENTS 2015—Subsec. (d)(3)(K). Pub. L. 114–95 substituted ‘‘payments under title VII of the Elementary and Sec- ondary Education Act of 1965;’’ for ‘‘payments under title VIII of the Elementary and Secondary Education Act of 1965;’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2015 AMENDMENT Amendment by Pub. L. 114–95 effective Dec. 10, 2015, except with respect to certain noncompetitive pro- grams and competitive programs, see section 5 of Pub. L. 114–95, set out as a note under section 6301 of this title. § 1482. Administrative provisions (a) Applicant and recipient responsibilities (1) Development and assessment of projects The Secretary shall require that an appli- cant for, and a recipient of, a grant, contract, or cooperative agreement for a project under part B or C— (A) involve individuals with disabilities or parents of individuals with disabilities ages birth through 26 in planning, implementing, and evaluating the project; and (B) where appropriate, determine whether the project has any potential for replication and adoption by other entities. (2) Additional responsibilities The Secretary may require a recipient of a grant, contract, or cooperative agreement under part B or C to— (A) share in the cost of the project; (B) prepare any findings and products from the project in formats that are useful for specific audiences, including parents, admin- istrators, teachers, early intervention per- sonnel, related services personnel, and indi- viduals with disabilities; (C) disseminate such findings and prod- ucts; and (D) collaborate with other such recipients in carrying out subparagraphs (B) and (C). (b) Application management (1) Standing panel (A) In general The Secretary shall establish and use a standing panel of experts who are qualified, by virtue of their training, expertise, or ex- perience, to evaluate each application under part B or C that requests more than $75,000 per year in Federal financial assistance. (B) Membership The standing panel shall include, at a min- imum— (i) individuals who are representatives of institutions of higher education that plan, develop, and carry out high quality pro- grams of personnel preparation; (ii) individuals who design and carry out scientifically based research targeted to the improvement of special education pro- grams and services; (iii) individuals who have recognized ex- perience and knowledge necessary to inte- grate and apply scientifically based re- search findings to improve educational and transitional results for children with dis- abilities; (iv) individuals who administer programs at the State or local level in which chil- dren with disabilities participate; (v) individuals who prepare parents of children with disabilities to participate in making decisions about the education of their children; (vi) individuals who establish policies that affect the delivery of services to chil- dren with disabilities; (vii) individuals who are parents of chil- dren with disabilities ages birth through 26 Page 1022 TITLE 20—EDUCATION § 1482 who are benefiting, or have benefited, from coordinated research, personnel prepara- tion, and technical assistance; and (viii) individuals with disabilities. (C) Term No individual shall serve on the standing panel for more than 3 consecutive years. (2) Peer-review panels for particular competi- tions (A) Composition The Secretary shall ensure that each subpanel selected from the standing panel that reviews an application under part B or C includes— (i) individuals with knowledge and exper- tise on the issues addressed by the activi- ties described in the application; and (ii) to the extent practicable, parents of children with disabilities ages birth through 26, individuals with disabilities, and persons from diverse backgrounds. (B) Federal employment limitation A majority of the individuals on each subpanel that reviews an application under part B or C shall be individuals who are not employees of the Federal Government. (3) Use of discretionary funds for administra- tive purposes (A) Expenses and fees of non-Federal panel members The Secretary may use funds available under part B or C to pay the expenses and fees of the panel members who are not offi- cers or employees of the Federal Govern- ment. (B) Administrative support The Secretary may use not more than 1 percent of the funds appropriated to carry out part B or C to pay non-Federal entities for administrative support related to man- agement of applications submitted under part B or C, respectively. (c) Program evaluation The Secretary may use funds made available to carry out part B or C to evaluate activities carried out under part B or C, respectively. (d) Minimum funding required (1) In general Subject to paragraph (2), the Secretary shall ensure that, for each fiscal year, not less than the following amounts are provided under parts B and C to address the following needs: (A) $12,832,000 to address the educational, related services, transitional, and early intervention needs of children with deaf- blindness. (B) $4,000,000 to address the postsecondary, vocational, technical, continuing, and adult education needs of individuals with deafness. (C) $4,000,000 to address the educational, related services, and transitional needs of children with an emotional disturbance and those who are at risk of developing an emo- tional disturbance. (2) Ratable reduction If the sum of the amount appropriated to carry out parts B and C, and part E of the Edu- cation Sciences Reform Act of 2002 [20 U.S.C. 9567 et seq.] for any fiscal year is less than $130,000,000, the amounts listed in paragraph (1) shall be ratably reduced for the fiscal year. (Pub. L. 91–230, title VI, § 682, as added Pub. L. 108–446, title I, § 101, Dec. 3, 2004, 118 Stat. 2797.) Editorial Notes REFERENCES IN TEXT The Education Sciences Reform Act of 2002, referred to in subsec. (d)(2), is title I of Pub. L. 107–279, Nov. 5, 2002, 116 Stat. 1941. Part E of the Act is classified gen- erally to part E (§ 9567 et seq.) of subchapter I of chap- ter 76 of this title. For complete classification of this Act to the Code, see Short Title note set out under sec- tion 9501 of this title and Tables. PRIOR PROVISIONS A prior section 1482, Pub. L. 91–230, title VI, § 682, as added Pub. L. 105–17, title I, § 101, June 4, 1997, 111 Stat. 149, related to parent training and information centers, prior to the general amendment of subchapters I to IV of this chapter by Pub. L. 108–446. Another prior section 1482, Pub. L. 91–230, title VI, § 682, as added Pub. L. 99–457, title I, § 101(a), Oct. 8, 1986, 100 Stat. 1153; amended Pub. L. 100–630, title I, § 108(k), Nov. 7, 1988, 102 Stat. 3302; Pub. L. 101–476, title IX, § 901(b)(182), Oct. 30, 1990, 104 Stat. 1150; Pub. L. 102–119, §§ 18, 25(a)(18), (b), Oct. 7, 1991, 105 Stat. 599, 606, 607, re- lated to establishment of State Interagency Coordi- nating Councils, prior to repeal by Pub. L. 105–17, title II, § 203(b), June 4, 1997, 111 Stat. 157, effective July 1, 1998. A prior section 1483, Pub. L. 91–230, title VI, § 683, as added Pub. L. 105–17, title I, § 101, June 4, 1997, 111 Stat. 151, which related to community parent resource cen- ters, was omitted in the general amendment of sub- chapters I to IV of this chapter by Pub. L. 108–446. Another prior section 1483, Pub. L. 91–230, title VI, § 683, as added Pub. L. 99–457, title I, § 101(a), Oct. 8, 1986, 100 Stat. 1154; amended Pub. L. 101–476, title IX, § 901(b)(183), (184), Oct. 30, 1990, 104 Stat. 1151; Pub. L. 102–119, § 25(b), Oct. 7, 1991, 105 Stat. 607, related to Fed- eral administration, prior to repeal by Pub. L. 105–17, title II, § 203(b), June 4, 1997, 111 Stat. 157, effective July 1, 1998. A prior section 1484, Pub. L. 91–230, title VI, § 684, as added Pub. L. 105–17, title I, § 101, June 4, 1997, 111 Stat. 152, which related to technical assistance for parent training and information centers, was omitted in the general amendment of subchapters I to IV of this chap- ter by Pub. L. 108–446. Another prior section 1484, Pub. L. 91–230, title VI, § 684, as added Pub. L. 99–457, title I, § 101(a), Oct. 8, 1986, 100 Stat. 1154; amended Pub. L. 101–476, title IX, § 901(b)(185), Oct. 30, 1990, 104 Stat. 1151; Pub. L. 102–119, §§ 19(a)(1), (b), 25(b), Oct. 7, 1991, 105 Stat. 600, 601, 607; Pub. L. 103–382, title III, § 313(a), Oct. 20, 1994, 108 Stat. 3935, related to allocation of funds, prior to repeal by Pub. L. 105–17, title II, § 203(b), June 4, 1997, 111 Stat. 157, effective July 1, 1998. A prior section 1484a, Pub. L. 91–230, title VI, § 685, as added Pub. L. 102–119, § 21(2), Oct. 7, 1991, 105 Stat. 602; amended Pub. L. 102–321, title I, § 161, July 10, 1992, 106 Stat. 375; Pub. L. 103–448, title II, § 204(w)(2)(B), Nov. 2, 1994, 108 Stat. 4746, related to establishment, composi- tion, functions, etc., of the Federal Interagency Coordi- nating Council, prior to repeal by Pub. L. 105–17, title II, § 203(b), June 4, 1997, 111 Stat. 157, effective July 1, 1998. A prior section 1485, Pub. L. 91–230, title VI, § 685, as added Pub. L. 105–17, title I, § 101, June 4, 1997, 111 Stat. 152; amended Pub. L. 106–402, title IV, § 401(b)(1), Oct. 30, 2000, 114 Stat. 1737, which related to coordinated tech- nical assistance and dissemination, was omitted in the general amendment of subchapters I to IV of this chap- ter by Pub. L. 108–446. Page 1023 TITLE 20—EDUCATION §§ 1531 to 1536 Another prior section 1485, Pub. L. 91–230, title VI, § 686, formerly § 685, as added Pub. L. 99–457, title I, § 101(a), Oct. 8, 1986, 100 Stat. 1155; renumbered § 686 and amended Pub. L. 102–119, §§ 20, 21(1), Oct. 7, 1991, 105 Stat. 602, related to authorization of appropriations, prior to repeal by Pub. L. 105–17, title II, § 203(b), June 4, 1997, 111 Stat. 157, effective July 1, 1998. A prior section 1486, Pub. L. 91–230, title VI, § 686, as added Pub. L. 105–17, title I, § 101, June 4, 1997, 111 Stat. 154, which authorized appropriations, was omitted in the general amendment of subchapters I to IV of this chapter by Pub. L. 108–446. A prior section 1487, Pub. L. 91–230, title VI, § 687, as added Pub. L. 105–17, title I, § 101, June 4, 1997, 111 Stat. 154, which related to technology development, dem- onstration, and utilization and media services, was omitted in the general amendment of subchapters I to IV of this chapter by Pub. L. 108–446. Prior sections 1491 to 1491o, which comprised former subchapter IX of this chapter, were repealed by Pub. L. 105–17, title II, § 203(a), June 4, 1997, 111 Stat. 157, effec- tive Oct. 1, 1998. Section 1491, Pub. L. 91–230, title VI, § 701, as added Pub. L. 103–382, title III, § 315, Oct. 20, 1994, 108 Stat. 3937, provided that former subchapter IX of this chapter could be cited as the ‘‘Families of Children With Dis- abilities Support Act of 1994’’. Section 1491a, Pub. L. 91–230, title VI, § 702, as added Pub. L. 103–382, title III, § 315, Oct. 20, 1994, 108 Stat. 3937, related to findings, purposes, and policy. Section 1491b, Pub. L. 91–230, title VI, § 703, as added Pub. L. 103–382, title III, § 315, Oct. 20, 1994, 108 Stat. 3939, related to definitions. Section 1491c, Pub. L. 91–230, title VI, § 704, as added Pub. L. 103–382, title III, § 315, Oct. 20, 1994, 108 Stat. 3943, related to grants to States. Section 1491d, Pub. L. 91–230, title VI, § 705, as added Pub. L. 103–382, title III, § 315, Oct. 20, 1994, 108 Stat. 3944, related to information and assurances required in application for grant. Section 1491e, Pub. L. 91–230, title VI, § 706, as added Pub. L. 103–382, title III, § 315, Oct. 20, 1994, 108 Stat. 3946, related to designation of lead entity by State de- siring to receive grant. Section 1491f, Pub. L. 91–230, title VI, § 707, as added Pub. L. 103–382, title III, § 315, Oct. 20, 1994, 108 Stat. 3946, related to designation or establishment by State of a State Policy Council for Families of Children with Disabilities and its composition, functions, etc. Section 1491g, Pub. L. 91–230, title VI, § 708, as added Pub. L. 103–382, title III, § 315, Oct. 20, 1994, 108 Stat. 3949, related to activities authorized for use of grant funds. Section 1491h, Pub. L. 91–230, title VI, § 709, as added Pub. L. 103–382, title III, § 315, Oct. 20, 1994, 108 Stat. 3951, related to creation and submission of strategic plan by lead entity of State in conjunction with State Policy Council. Section 1491i, Pub. L. 91–230, title VI, § 710, as added Pub. L. 103–382, title III, § 315, Oct. 20, 1994, 108 Stat. 3952, related to progress criteria and reports. Section 1491j, Pub. L. 91–230, title VI, § 711, as added Pub. L. 103–382, title III, § 315, Oct. 20, 1994, 108 Stat. 3952, related to administrative provisions. Section 1491k, Pub. L. 91–230, title VI, § 712, as added Pub. L. 103–382, title III, § 315, Oct. 20, 1994, 108 Stat. 3953, related to technical assistance. Section 1491l, Pub. L. 91–230, title VI, § 713, as added Pub. L. 103–382, title III, § 315, Oct. 20, 1994, 108 Stat. 3954, related to program evaluation by Secretary. Section 1491m, Pub. L. 91–230, title VI, § 714, as added Pub. L. 103–382, title III, § 315, Oct. 20, 1994, 108 Stat. 3955, related to projects of national significance. Section 1491n, Pub. L. 91–230, title VI, § 715, as added Pub. L. 103–382, title III, § 315, Oct. 20, 1994, 108 Stat. 3955, related to construction of provisions of sub- chapters I through VIII of this chapter as being inappli- cable to subchapter IX of this chapter. Section 1491o, Pub. L. 91–230, title VI, § 716, as added Pub. L. 103–382, title III, § 315, Oct. 20, 1994, 108 Stat. 3955, related to authorization of appropriations. CHAPTER 34—NATIONAL COMMISSION ON LIBRARIES AND INFORMATION SCIENCE §§ 1501 to 1506. Repealed. Pub. L. 111–340, title IV, § 401(a), Dec. 22, 2010, 124 Stat. 3604 Section 1501, Pub. L. 91–345, § 2, July 20, 1970, 84 Stat. 440, related to Congressional statement of policy. Section 1502, Pub. L. 91–345, § 3, July 20, 1970, 84 Stat. 440; Pub. L. 102–95, § 2, Aug. 14, 1991, 105 Stat. 479, re- lated to establishment of National Commission on Li- braries and Information Science. Section 1503, Pub. L. 91–345, § 4, July 20, 1970, 84 Stat. 441; Pub. L. 102–95, § 3, Aug. 14, 1991, 105 Stat. 479; Pub. L. 108–81, title IV, § 401, Sept. 25, 2003, 117 Stat. 1002, re- lated to contributions. Section 1504, Pub. L. 91–345, § 5, July 20, 1970, 84 Stat. 441; Pub. L. 93–29, title VIII, § 802(a), May 3, 1973, 87 Stat. 59; Pub. L. 102–95, § 4, Aug. 14, 1991, 105 Stat. 479; Pub. L. 104–208, div. A, title I, § 101(e) [title VII, § 703(a)], Sept. 30, 1996, 110 Stat. 3009–233, 3009–306; Pub. L. 108–81, title V, § 505(a), Sept. 25, 2003, 117 Stat. 1004, related to functions and powers. Section 1505, Pub. L. 91–345, § 6, July 20, 1970, 84 Stat. 442; Pub. L. 93–29, title VIII, § 802(b), May 3, 1973, 87 Stat. 59; Pub. L. 102–95, § 5, Aug. 14, 1991, 105 Stat. 479; Pub. L. 104–208, div. A, title I, § 101(e) [title VII, § 703(b)], Sept. 30, 1996, 110 Stat. 3009–233, 3009–307; Pub. L. 108–81, title IV, § 402, Sept. 25, 2003, 117 Stat. 1002, related to membership. Section 1506, Pub. L. 91–345, § 7, July 20, 1970, 84 Stat. 442; Pub. L. 102–95, § 6, Aug. 14, 1991, 105 Stat. 479, re- lated to authorization of appropriations. Statutory Notes and Related Subsidiaries SHORT TITLE OF 1991 AMENDMENT Pub. L. 102–95, § 1, Aug. 14, 1991, 105 Stat. 479, provided that: ‘‘This Act [amending sections 1502 to 1506 of this title] may be cited as the ‘National Commission on Li- braries and Information Science Act Amendments of 1991’.’’ SHORT TITLE Pub. L. 91–345, § 1, July 20, 1970, 84 Stat. 440, which provided that Pub. L. 91–345, enacting this chapter, could be cited as the ‘‘National Commission on Librar- ies and Information Science Act’’, was repealed by Pub. L. 111–340, title IV, § 401(a), Dec. 22, 2010, 124 Stat. 3604. TRANSFER OF FUNCTIONS For provisions relating to the transfer of functions, personnel, and property of the National Commission on Libraries and Information Science, and treatment of references thereto, see section 401(b), (c), (d) of Pub. L. 111–340 set out as notes under section 9102 of this title. CHAPTER 35—ENVIRONMENTAL EDUCATION Editorial Notes CODIFICATION The Environmental Education Act, which comprised this chapter, contained appropriation authorizations for fiscal years 1971 to 1977. The Act was superseded by part H of title III of Pub. L. 89–10, as added by Pub. L. 95–561, title III, § 301(a), Nov. 1, 1978, 92 Stat. 2217, known as the Environmental Education Act of 1978, which was classified to section 3011 et seq. of this title, prior to re- peal by Pub. L. 97–35, § 587(a)(1). §§ 1531 to 1536. Omitted Editorial Notes CODIFICATION Section 1531, Pub. L. 91–516, § 2, Oct. 30, 1970, 84 Stat. 1312; Pub. L. 93–278, § 4, May 10, 1974, 88 Stat. 121, set