20 U.S.C. § 1409 — Freely associated States

Page 938 TITLE 20—EDUCATION § 1409 (3) improving positive outcomes for children with disabilities; (4) promoting collaboration between IEP Team members; and (5) ensuring satisfaction of family members. (Pub. L. 91–230, title VI, § 609, as added Pub. L. 108–446, title I, § 101, Dec. 3, 2004, 118 Stat. 2661.) Editorial Notes PRIOR PROVISIONS A prior section 1408, Pub. L. 91–230, title VI, § 609, as added Pub. L. 99–457, title II, § 202, Oct. 8, 1986, 100 Stat. 1158, related to eligibility for financial assistance, prior to the general amendment of subchapters I to IV of this chapter by Pub. L. 105–17. § 1409. Freely associated States The Republic of the Marshall Islands, the Fed- erated States of Micronesia, and the Republic of Palau shall continue to be eligible for competi- tive grants administered by the Secretary under this chapter to the extent that such grants con- tinue to be available to States and local edu- cational agencies under this chapter. (Pub. L. 91–230, title VI, § 610, as added Pub. L. 108–446, title I, § 101, Dec. 3, 2004, 118 Stat. 2662.) Editorial Notes PRIOR PROVISIONS A prior section 1409, Pub. L. 91–230, title VI, § 610, as added Pub. L. 101–476, title I, § 104, Oct. 30, 1990, 104 Stat. 1106, provided administrative provisions applicable to former subchapters III to VII of this chapter and former section 1418 of this title, prior to the general amendment of subchapters I to IV of this chapter by Pub. L. 105–17. SUBCHAPTER II—ASSISTANCE FOR EDU- CATION OF ALL CHILDREN WITH DIS- ABILITIES § 1411. Authorization; allotment; use of funds; au- thorization of appropriations (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 Inte- rior, to assist them to provide special edu- cation and related services to children with disabilities in accordance with this sub- chapter. (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 disabil- ities in the State who are receiving special education and related services— (I) aged 3 through 5 if the State is eli- gible for a grant under section 1419 of this title; 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 fis- cal years is— (i) the number of children with disabil- ities 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 eli- gible for a grant under section 1419 of this title; 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 popu- lation described in subsection (d)(3)(A)(i)(II); and (II) 15 percent of such State’s popu- lation described in subsection (d)(3)(A)(i)(III). (b) Outlying areas and freely associated States; Secretary of the Interior (1) Outlying areas and freely associated States (A) Funds reserved From the amount appropriated for any fis- cal year under subsection (i), the Secretary shall reserve not more than 1 percent, which shall be used as follows: (i) To provide assistance to the outlying areas in accordance with their respective populations of individuals aged 3 through 21. (ii)(I) To provide each freely associated State a grant so that no freely associated State receives a lesser share of the total funds reserved for the freely associated State than the freely associated State re- ceived of those funds for fiscal year 2023. (II) Each freely associated State shall es- tablish its eligibility under this subpara- graph consistent with the requirements for a State under section 1412 of this title. (III) The funds provided to each freely associated State under this subchapter may be used to provide, to each infant or toddler with a disability (as defined in sec- tion 1432 of this title), either a free appro- priate public education, consistent with section 1412 of this title, or early interven- tion services consistent with subchapter III, notwithstanding the application and eligibility requirements of sections 1431(2), 1435, and 1437 of this title. (B) Special rule The provisions of Public Law 95–134, per- mitting the consolidation of grants by the outlying areas, shall not apply to funds pro- vided to the outlying areas or the freely as- sociated States under this section. (C) Definition In this paragraph, the term ‘‘freely associ- ated States’’ means the Republic of the Mar- shall Islands, the Federated States of Micro- nesia, and the Republic of Palau. (2) Secretary of the Interior From the amount appropriated for any fiscal year under subsection (i), the Secretary shall