20 U.S.C. § 1450 — Findings

Page 999 TITLE 20—EDUCATION § 1450 ed Pub. L. 101–476, title V, §§ 503, 504, title IX, § 901(b)(147), (148), Oct. 30, 1990, 104 Stat. 1138, 1149; Pub. L. 102–119, § 25(b), Oct. 7, 1991, 105 Stat. 607, authorized appropriations, prior to repeal by Pub. L. 105–17, title II, § 203(c), June 4, 1997, 111 Stat. 157, effective Oct. 1, 1997. A prior section 1445, Pub. L. 91–230, title VI, § 645, as added Pub. L. 105–17, title I, § 101, June 4, 1997, 111 Stat. 123, which authorized appropriations, was omitted in the general amendment of subchapters I to IV of this chapter by Pub. L. 108–446. SUBCHAPTER IV—NATIONAL ACTIVITIES TO IMPROVE EDUCATION OF CHILDREN WITH DISABILITIES § 1450. Findings Congress finds the following: (1) The Federal Government has an ongoing obligation to support activities that con- tribute to positive results for children with disabilities, enabling those children to lead productive and independent adult lives. (2) Systemic change benefiting all students, including children with disabilities, requires the involvement of States, local educational agencies, parents, individuals with disabilities and their families, teachers and other service providers, and other interested individuals and organizations to develop and implement com- prehensive strategies that improve edu- cational results for children with disabilities. (3) State educational agencies, in partner- ship with local educational agencies, parents of children with disabilities, and other individ- uals and organizations, are in the best position to improve education for children with disabil- ities and to address their special needs. (4) An effective educational system serving students with disabilities should— (A) maintain high academic achievement standards and clear performance goals for children with disabilities, consistent with the standards and expectations for all stu- dents in the educational system, and provide for appropriate and effective strategies and methods to ensure that all children with dis- abilities have the opportunity to achieve those standards and goals; (B) clearly define, in objective, measurable terms, the school and post-school results that children with disabilities are expected to achieve; and (C) promote transition services and coordi- nate State and local education, social, health, mental health, and other services, in addressing the full range of student needs, particularly the needs of children with dis- abilities who need significant levels of sup- port to participate and learn in school and the community. (5) The availability of an adequate number of qualified personnel is critical— (A) to serve effectively children with dis- abilities; (B) to assume leadership positions in ad- ministration and direct services; (C) to provide teacher training; and (D) to conduct high quality research to im- prove special education. (6) High quality, comprehensive professional development programs are essential to ensure that the persons responsible for the education or transition of children with disabilities pos- sess the skills and knowledge necessary to ad- dress the educational and related needs of those children. (7) Models of professional development should be scientifically based and reflect suc- cessful practices, including strategies for re- cruiting, preparing, and retaining personnel. (8) Continued support is essential for the de- velopment and maintenance of a coordinated and high quality program of research to in- form successful teaching practices and model curricula for educating children with disabil- ities. (9) Training, technical assistance, support, and dissemination activities are necessary to ensure that subchapters II and III are fully im- plemented and achieve high quality early intervention, educational, and transitional re- sults for children with disabilities and their families. (10) Parents, teachers, administrators, and related services personnel need technical as- sistance and information in a timely, coordi- nated, and accessible manner in order to im- prove early intervention, educational, and transitional services and results at the State and local levels for children with disabilities and their families. (11) Parent training and information activi- ties assist parents of a child with a disability in dealing with the multiple pressures of par- enting such a child and are of particular im- portance in— (A) playing a vital role in creating and preserving constructive relationships be- tween parents of children with disabilities and schools by facilitating open communica- tion between the parents and schools; en- couraging dispute resolution at the earliest possible point in time; and discouraging the escalation of an adversarial process between the parents and schools; (B) ensuring the involvement of parents in planning and decisionmaking with respect to early intervention, educational, and transi- tional services; (C) achieving high quality early interven- tion, educational, and transitional results for children with disabilities; (D) providing such parents information on their rights, protections, and responsibilities under this chapter to ensure improved early intervention, educational, and transitional results for children with disabilities; (E) assisting such parents in the develop- ment of skills to participate effectively in the education and development of their chil- dren and in the transitions described in sec- tion 1473(b)(6) of this title; (F) supporting the roles of such parents as participants within partnerships seeking to improve early intervention, educational, and transitional services and results for children with disabilities and their families; and (G) supporting such parents who may have limited access to services and supports, due to economic, cultural, or linguistic barriers. (12) Support is needed to improve techno- logical resources and integrate technology, in- Page 1000 TITLE 20—EDUCATION § 1451 1 So in original. Probably should be followed by a comma. cluding universally designed technologies, into the lives of children with disabilities, par- ents of children with disabilities, school per- sonnel, and others through curricula, services, and assistive technologies. (Pub. L. 91–230, title VI, § 650, as added Pub. L. 108–446, title I, § 101, Dec. 3, 2004, 118 Stat. 2763.) Statutory Notes and Related Subsidiaries TRANSITION PROVISIONS Pub. L. 105–17, title II, § 202, June 4, 1997, 111 Stat. 156, provided that: ‘‘Notwithstanding any other provision of law, beginning on October 1, 1997, the Secretary of Edu- cation may use funds appropriated under part D of the Individuals with Disabilities Education Act [this sub- chapter] to make continuation awards for projects that were funded under section 618 [former 20 U.S.C. 1418] and parts C through G of such Act [former subchapters III to VII of this chapter] (as in effect on September 30, 1997).’’ PART A—STATE PERSONNEL DEVELOPMENT GRANTS § 1451. Purpose; definition of personnel; program authority (a) Purpose The purpose of this part is to assist State edu- cational agencies in reforming and improving their systems for personnel preparation and pro- fessional 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 spe- cial education teachers, regular education teachers, principals, administrators, related services personnel, paraprofessionals, and early intervention personnel serving infants, toddlers, preschoolers, or children with disabilities, ex- cept 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, that remains after the Secretary reserves funds under sub- section (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. (2) Priority In awarding grants under paragraph (1), the Secretary may give priority to State edu- cational agencies that— (A) are in States with the greatest per- sonnel shortages; or (B) demonstrate the greatest difficulty meeting the requirements of section 1412(a)(14) of this title. (3) Minimum amount The Secretary shall make a grant to each State educational agency selected under para- graph (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 Common- wealth 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 in- flation. (5) Factors The Secretary shall determine the amount of a grant under paragraph (1) after consid- ering— (A) the amount of funds available for mak- ing 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; (E) the alignment of proposed activities with the State plans and applications sub- mitted under sections 6311 and 6611(d) 1 re- spectively, of this title; and (F) the use, as appropriate, of scientif- ically 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, 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 for that fiscal year bears to the amount of funds received by all States (whose applica- tions meet the requirements of this part) under section 1411(d) of this title for that fis- cal year. (2) Minimum allotments for States that re- ceived competitive grants (A) In general The amount allotted under this subsection to any State educational agency that re- ceived 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 doc- ument under that subsection. (B) Special rule Each such State educational agency shall use the minimum amount described in sub- paragraph (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