20 U.S.C. § 1140 — Definitions

Page 812 TITLE 20—EDUCATION § 1140 Another prior section 1139, Pub. L. 89–329, title XI, § 1131, as added Pub. L. 99–498, title XI, § 1101, Oct. 17, 1986, 100 Stat. 1572, stated purpose of providing assist- ance to establish Robert F. Wagner, Sr., Institute of Urban Public Policy, prior to the general amendment of subchapter XI of this chapter by Pub. L. 102–325. Section 1139a, Pub. L. 89–329, title VII, § 752, as added Pub. L. 105–244, title VII, § 701, Oct. 7, 1998, 112 Stat. 1798, related to the purpose of this part and program authorization. A prior section 1139a, Pub. L. 89–329, title XI, § 1132, as added Pub. L. 99–498, title XI, § 1101, Oct. 17, 1986, 100 Stat. 1572, related to application for and use of funds, prior to the general amendment of subchapter XI of this chapter by Pub. L. 102–325. Section 1139b, Pub. L. 89–329, title VII, § 753, as added Pub. L. 105–244, title VII, § 701, Oct. 7, 1998, 112 Stat. 1799, related to application for urban community serv- ice grants. A prior section 1139b, Pub. L. 89–329, title XI, § 1133, as added Pub. L. 99–498, title XI, § 1101, Oct. 17, 1986, 100 Stat. 1573, authorized appropriations, prior to the gen- eral amendment of subchapter XI of this chapter by Pub. L. 102–325. Section 1139c, Pub. L. 89–329, title VII, § 754, as added Pub. L. 105–244, title VII, § 701, Oct. 7, 1998, 112 Stat. 1799, set out allowable activities. Section 1139d, Pub. L. 89–329, title VII, § 755, as added Pub. L. 105–244, title VII, § 701, Oct. 7, 1998, 112 Stat. 1800, related to peer review. Section 1139e, Pub. L. 89–329, title VII, § 756, as added Pub. L. 105–244, title VII, § 701, Oct. 7, 1998, 112 Stat. 1800, related to disbursement of funds. Section 1139f, Pub. L. 89–329, title VII, § 757, as added Pub. L. 105–244, title VII, § 701, Oct. 7, 1998, 112 Stat. 1800, related to designation of ‘‘Urban Grant Institu- tions’’. Section 1139g, Pub. L. 89–329, title VII, § 758, as added Pub. L. 105–244, title VII, § 701, Oct. 7, 1998, 112 Stat. 1801, set out definitions. Section 1139h, Pub. L. 89–329, title VII, § 759, as added Pub. L. 105–244, title VII, § 701, Oct. 7, 1998, 112 Stat. 1801, authorized appropriations for fiscal year 1999 and each of the 4 succeeding fiscal years to carry out this part. PART D—PROGRAMS TO PROVIDE STUDENTS WITH DISABILITIES WITH A QUALITY HIGHER EDUCATION Editorial Notes PRIOR PROVISIONS A prior part D consisted of sections 1140 to 1140d and related to demonstration projects to ensure that stu- dents with disabilities receive a quality higher edu- cation, prior to repeal by Pub. L. 110–315, title VII, § 709(2), Aug. 14, 2008, 122 Stat. 3361. § 1140. Definitions In this part: (1) Comprehensive transition and postsec- ondary program for students with intellec- tual disabilities The term ‘‘comprehensive transition and postsecondary program for students with in- tellectual disabilities’’ means a degree, certifi- cate, or nondegree program that meets each of the following: (A) Is offered by an institution of higher education. (B) Is designed to support students with in- tellectual disabilities who are seeking to continue academic, career and technical, and independent living instruction at an in- stitution of higher education in order to pre- pare for gainful employment. (C) Includes an advising and curriculum structure. (D) Requires students with intellectual disabilities to participate on not less than a half-time basis as determined by the institu- tion, with such participation focusing on academic components, and occurring through 1 or more of the following activi- ties: (i) Regular enrollment in credit-bearing courses with nondisabled students offered by the institution. (ii) Auditing or participating in courses with nondisabled students offered by the institution for which the student does not receive regular academic credit. (iii) Enrollment in noncredit-bearing, nondegree courses with nondisabled stu- dents. (iv) Participation in internships or work- based training in settings with nondisabled individuals. (E) Requires students with intellectual disabilities to be socially and academically integrated with non-disabled students to the maximum extent possible. (2) Student with an intellectual disability The term ‘‘student with an intellectual dis- ability’’ means a student— (A) with a cognitive impairment, charac- terized by significant limitations in— (i) intellectual and cognitive func- tioning; and (ii) adaptive behavior as expressed in conceptual, social, and practical adaptive skills; and (B) who is currently, or was formerly, eli- gible for a free appropriate public education under the Individuals with Disabilities Edu- cation Act [20 U.S.C. 1400 et seq.]. (Pub. L. 89–329, title VII, § 760, as added Pub. L. 110–315, title VII, § 709(2), Aug. 14, 2008, 122 Stat. 3361; amended Pub. L. 111–39, title VII, § 701(4), July 1, 2009, 123 Stat. 1954; Pub. L. 111–256, § 2(a), Oct. 5, 2010, 124 Stat. 2643.) Editorial Notes REFERENCES IN TEXT The Individuals with Disabilities Education Act, re- ferred to in par. (2)(B), is title VI of Pub. L. 91–230, Apr. 13, 1970, 84 Stat. 175, which is classified generally to chapter 33 (§ 1400 et seq.) of this title. For complete classification of this Act to the Code, see section 1400 of this title and Tables. PRIOR PROVISIONS A prior section 1140, Pub. L. 89–329, title VII, § 761, as added Pub. L. 105–244, title VII, § 701, Oct. 7, 1998, 112 Stat. 1801, stated the purpose of former part D, prior to repeal by Pub. L. 110–315, title VII, § 709(2), Aug. 14, 2008, 122 Stat. 3361. AMENDMENTS 2010—Par. (2)(A). Pub. L. 111–256 struck out ‘‘mental retardation or’’ before ‘‘a cognitive impairment’’. 2009—Par. (1). Pub. L. 111–39 added par. (1) and struck out former par. (1) which contained provisions substan- tially similar to new subpars. (A) to (D), defining ‘‘com- prehensive transition and postsecondary program for students with intellectual disabilities’’. Page 813 TITLE 20—EDUCATION § 1140b Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2009 AMENDMENT Amendment by Pub. L. 111–39 effective as if enacted on the date of enactment of Pub. L. 110–315 (Aug. 14, 2008), see section 3 of Pub. L. 111–39, set out as a note under section 1001 of this title. DEFINITIONS For meaning of references to an intellectual dis- ability and to individuals with intellectual disabilities in provisions amended by section 2 of Pub. L. 111–256, see section 2(k) of Pub. L. 111–256, set out as a note under section 1400 of this title. SUBPART 1—DEMONSTRATION PROJECTS TO SUP- PORT POSTSECONDARY FACULTY, STAFF, AND ADMINISTRATORS IN EDUCATING STUDENTS WITH DISABILITIES § 1140a. Purpose It is the purpose of this subpart to support model demonstration projects to provide tech- nical assistance or professional development for postsecondary faculty, staff, and administrators in institutions of higher education to enable such faculty, staff, and administrators to pro- vide students with disabilities with a quality postsecondary education. (Pub. L. 89–329, title VII, § 761, as added Pub. L. 110–315, title VII, § 709(2), Aug. 14, 2008, 122 Stat. 3362.) Editorial Notes PRIOR PROVISIONS A prior section 1140a, Pub. L. 89–329, title VII, § 762, as added Pub. L. 105–244, title VII, § 701, Oct. 7, 1998, 112 Stat. 1801, related to authorization of competitive grants, prior to repeal by Pub. L. 110–315, title VII, § 709(2), Aug. 14, 2008, 122 Stat. 3361. A prior section 761 of Pub. L. 89–329 was classified to section 1140 of this title, prior to repeal by Pub. L. 110–315. Another prior section 761 of Pub. L. 89–329 was classi- fied to section 1132g of this title, prior to repeal by Pub. L. 102–325. Another prior section 761 of Pub. L. 89–329 was classi- fied to section 1132d of this title, prior to the general amendment of this subchapter by Pub. L. 96–374. § 1140b. Grants, contracts, and cooperative agree- ments authorized (a) Competitive grants, contracts, and coopera- tive agreements authorized (1) In general From amounts appropriated under section 1140e of this title, the Secretary may award grants, contracts, and cooperative agree- ments, on a competitive basis, to institutions of higher education to enable the institutions to carry out the activities under subsection (b). (2) Awards for professional development and technical assistance Not less than two grants, contracts, coopera- tive agreements, or a combination of such awards shall be awarded to institutions of higher education that provide professional de- velopment and technical assistance in order for students with learning disabilities to re- ceive a quality postsecondary education. (b) Duration; activities (1) Duration A grant, contract, or cooperative agreement under this subpart shall be awarded for a pe- riod of three years. (2) Authorized activities A grant, contract, or cooperative agreement awarded under this subpart shall be used to carry out one or more of the following activi- ties: (A) Teaching methods and strategies The development of innovative, effective, and efficient teaching methods and strate- gies, consistent with the principles of uni- versal design for learning, to provide post- secondary faculty, staff, and administrators with the skills and supports necessary to teach and meet the academic and pro- grammatic needs of students with disabil- ities, in order to improve the retention of such students in, and the completion by such students of, postsecondary education. Such methods and strategies may include in-serv- ice training, professional development, cus- tomized and general technical assistance, workshops, summer institutes, distance learning, and training in the use of assistive and educational technology. (B) Effective transition practices The development of innovative and effec- tive teaching methods and strategies to pro- vide postsecondary faculty, staff, and admin- istrators with the skill and supports nec- essary to ensure the successful and smooth transition of students with disabilities from secondary school to postsecondary edu- cation. (C) Synthesizing research and information The synthesis of research and other infor- mation related to the provision of postsec- ondary educational services to students with disabilities, including data on the impact of a postsecondary education on subsequent employment of students with disabilities. Such research, information, and data shall be made publicly available and accessible. (D) Distance learning The development of innovative and effec- tive teaching methods and strategies to pro- vide postsecondary faculty, staff, and admin- istrators with the ability to provide acces- sible distance education programs or classes that would enhance the access of students with disabilities to postsecondary education, including the use of accessible curricula and electronic communication for instruction and advising. (E) Disability career pathways (i) In general The provision of information, training, and technical assistance to secondary and postsecondary faculty, staff, and adminis- trators with respect to disability-related fields that would enable such faculty, staff, and administrators to— (I) encourage interest and participa- tion in such fields, among students with disabilities and other students;