20 U.S.C. § 4303 — Board of Trustees

Page 1221 TITLE 20—EDUCATION § 4303 have and be entitled to use all authority, privi- leges, and possessions and all legal rights which it has, or which it had or exercised under any former name, including the right to sue and be sued and to own, acquire, sell, mortgage, or oth- erwise dispose of property it may own now or hereafter acquire. Gallaudet University shall also be subject to all liabilities and obligations now outstanding against the corporation under any former name. (b) Disposal of real property (1) With the approval of the Secretary, the Board of Trustees of Gallaudet University may convey fee simple title by deed, convey by quit- claim deed, mortgage, or otherwise dispose of any or all real property title to which is vested in Gallaudet University, Gallaudet College, the Columbia Institution for the Deaf, or any prede- cessor corporation. (2) The proceeds of any such disposition shall be considered a part of the capital structure of the corporation, and may be used solely for the acquisition of real estate for the use of the cor- poration, for the construction, equipment, or improvement of buildings for such use, or for in- vestment purposes, but, if invested, only the in- come from the investment may be used for cur- rent expenses of the corporation. (Pub. L. 99–371, title I, § 102, Aug. 4, 1986, 100 Stat. 781; Pub. L. 103–73, title II, § 203(b), Aug. 11, 1993, 107 Stat. 733.) Editorial Notes PRIOR PROVISIONS Provisions similar to this section were contained in section 691b of this title, prior to repeal by Pub. L. 99–371. AMENDMENTS 1993—Subsec. (b)(1). Pub. L. 103–73, § 203(b)(1), sub- stituted ‘‘Secretary’’ for ‘‘Secretary of Education’’. Subsec. (b)(2). Pub. L. 103–73, § 203(b)(2), substituted ‘‘but, if invested,’’ for ‘‘but if invested’’. Statutory Notes and Related Subsidiaries REAL PROPERTY PROVISIONS The following acts contained provisions relating to acquisition, exchange, and adjustment of boundaries of properties of Gallaudet University and its predecessors, Gallaudet College and Columbia Institution for the Deaf: July 1, 1916, ch. 209, 39 Stat. 310. Aug. 3, 1939, ch. 414, 53 Stat. 1179. Sept. 13, 1960, Pub. L. 86–776, §§ 1, 2, 74 Stat. 916, 917. Nov. 20, 1981, Pub. L. 97–80, title II, § 202(a)(1), 95 Stat. 1082. § 4303. Board of Trustees (a) Composition of Board (1) Gallaudet University shall be under the di- rection and control of a Board of Trustees, com- posed of twenty-one members who shall in- clude— (A) three public members of whom (i) one shall be a United States Senator appointed by the President of the Senate, and (ii) two shall be Representatives appointed by the Speaker of the House of Representatives; and (B) eighteen other members, all of whom shall be elected by the Board of Trustees and of whom one shall be elected pursuant to regu- lations of the Board of Trustees, on nomina- tion by the Gallaudet University Alumni Asso- ciation, for a term of three years. (2) The members appointed from the Senate and House of Representatives shall be appointed for a term of two years at the beginning of each Congress, shall be eligible for reappointment, and shall serve until their successors are ap- pointed. (3) The Board of Trustees shall have the power to fill any vacancy in the membership of the Board except for public members. Nine trustees shall constitute a quorum to transact business. The Board of Trustees, by vote of a majority of its membership, is authorized to remove any member of their body (except the public mem- bers) who may refuse or neglect to discharge the duties of a trustee, or whose removal would, in the judgment of said majority, be to the interest and welfare of said corporation. (b) Powers of Board The Board of Trustees is authorized to— (1) make such rules, policies, regulations, and bylaws, not inconsistent with the Con- stitution and laws of the United States, as may be necessary for the good government of Gallaudet University, for the management of the property and funds of such corporation (in- cluding the construction of buildings and other facilities), and for the admission, in- struction, care, and discharge of students; (2) provide for the adoption of a corporate seal and for its use; (3) fix the date of holding their annual and other meetings; (4) appoint a president and establish policies, guidelines, and procedures related to the ap- pointments, the salaries, and the dismissals of professors, instructors, and other employees of Gallaudet University, including the adoption of a policy of outreach and recruitment to em- ploy and advance in employment qualified in- dividuals with disabilities, particularly indi- viduals who are deaf or hard of hearing; (5) elect a chairperson and other officers and prescribe their duties and terms of office, and appoint an executive committee to consist of five members, and vest the committee with such of its powers during periods between meetings of the Board as the Board deems nec- essary; (6) establish such schools, departments, and other units as the Board of Trustees deems necessary to carry out the purpose of Gal- laudet University; (7) confer such degrees and marks of honor as are conferred by colleges and universities generally, and issue such diplomas and certifi- cates of graduation as, in its opinion, may be deemed advisable, and consistent with aca- demic standards; (8) subject to section 4353 of this title, con- trol expenditures of all moneys appropriated by Congress for the benefit of Gallaudet Uni- versity; and (9) control the expenditure and investment of any moneys or funds or property which Gal- laudet University may have or may receive from sources other than appropriations by Congress. Page 1222 TITLE 20—EDUCATION § 4304 (Pub. L. 99–371, title I, § 103, Aug. 4, 1986, 100 Stat. 782; Pub. L. 102–421, title I, §§ 101(c), 111, Oct. 16, 1992, 106 Stat. 2152; Pub. L. 103–73, title II, § 203(c), Aug. 11, 1993, 107 Stat. 733.) Editorial Notes PRIOR PROVISIONS Provisions similar to this section were contained in sections 691d and 691e of this title prior to repeal by Pub. L. 99–371. AMENDMENTS 1993—Subsec. (a). Pub. L. 103–73, § 203(c)(1), in par. (1) substituted ‘‘members who shall include—’’ for ‘‘mem- bers selected as follows:’’ in introductory provisions and inserted comma after ‘‘Association’’ in subpar. (B), redesignated second sentence of par. (1) as par. (2), and redesignated former par. (2) as (3). Subsec. (b). Pub. L. 103–73, § 203(c)(2), inserted comma after ‘‘facilities)’’ in par. (1), substituted ‘‘or hard of hearing;’’ for ‘‘or individuals who are hard of hearing.’’ in par. (4), and struck out ‘‘the provisions of’’ before ‘‘section 4353’’ in par. (8). 1992—Subsec. (a)(1)(B). Pub. L. 102–421, § 111(1), struck out ‘‘, who on August 4, 1986, shall include those indi- viduals serving as nonpublic members of the Board of Trustees of Gallaudet College immediately prior to Au- gust 4, 1986,’’ after ‘‘elected by the Board of Trustees’’. Subsec. (b)(1). Pub. L. 102–421, § 111(2)(A), inserted ‘‘(including the construction of buildings and other fa- cilities)’’ after ‘‘corporation’’. Subsec. (b)(4), (6). Pub. L. 102–421, § 111(2)(B), (C), amended pars. (4) and (6) generally. Prior to amend- ment, pars. (4) and (6) read as follows: ‘‘(4) appoint a president, professors, instructors, and other necessary employees for Gallaudet University, delegate to them such duties as it may deem advisable, fix their compensation, and remove them when, in their judgment, the interest of Gallaudet University shall re- quire it; ‘‘(6) establish such departments and other units, in- cluding a department of higher learning for the deaf, a department of elementary education for the instruc- tion of deaf children, a graduate department, and a re- search department, as the Board deems necessary to carry out the purpose of Gallaudet University;’’. Subsec. (b)(8). Pub. L. 102–421, § 101(c), made technical amendment to reference to section 4353 of this title to reflect change in reference to corresponding section of original act. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1992 AMENDMENT Amendment by Pub. L. 102–421 effective Oct. 1, 1992, see section 161 of Pub. L. 102–421, set out as a note under section 4301 of this title. § 4304. Laurent Clerc National Deaf Education Center (a) General authority (1)(A) The Board of Trustees of Gallaudet Uni- versity is authorized, in accordance with the agreement under section 4305 of this title, to maintain and operate the Laurent Clerc Na- tional Deaf Education Center (referred to in this section as the ‘‘Clerc Center’’) to carry out ex- emplary elementary and secondary education programs, projects, and activities for the pri- mary purpose of developing, evaluating, and dis- seminating innovative curricula, instructional techniques and strategies, and materials that can be used in various educational environments serving individuals who are deaf or hard of hear- ing throughout the Nation. (B) The elementary and secondary education programs described in subparagraph (A) shall serve students with a broad spectrum of needs, including students who are lower achieving aca- demically, who come from non-English-speaking homes, who have secondary disabilities, who are members of minority groups, or who are from rural areas. (C) The elementary and secondary education programs described in subparagraph (A) shall in- clude— (i) the Kendall Demonstration Elementary School, to provide day facilities for elemen- tary education for students who are deaf from the age of onset of deafness to age fifteen, in- clusive, but not beyond the eighth grade or its equivalent, to provide such students with the vocational, transitional, independent living, and related services they need to function independently, and to prepare such students for high school and other secondary study; and (ii) the Model Secondary School for the Deaf, to provide day and residential facilities for secondary education for students who are deaf from grades nine through twelve, inclu- sive, to provide such students with the voca- tional, transitional, independent living, and related services they need to function inde- pendently, and to prepare such students for college, other postsecondary opportunities, or the workplace. (2) The Model Secondary School for the Deaf may provide residential facilities for students enrolled in the school— (A) who live beyond a reasonable commuting distance from the school; or (B) for whom such residency is necessary for them to receive a free appropriate public edu- cation within the meaning of part B of the In- dividuals with Disabilities Education Act [20 U.S.C. 1411 et seq.]. (b) Administrative requirements (1) The Clerc Center shall— (A) provide technical assistance and out- reach throughout the Nation to meet the training and information needs of parents of infants, children, and youth who are deaf or hard of hearing; and (B) provide technical assistance and training to personnel for use in teaching (i) students who are deaf or hard of hearing, in various educational environments, and (ii) students who are deaf or hard of hearing with a broad spectrum of needs as described in subsection (a). (2) To the extent possible, the Clerc Center shall provide the services required under para- graph (1)(B) in an equitable manner, based on the national distribution of students who are deaf or hard of hearing in educational environ- ments as determined by the Secretary for pur- poses of section 618(a)(1) of the Individuals with Disabilities Education Act [20 U.S.C. 1418(a)(1)]. Such educational environments shall include— (A) regular classes; (B) resource rooms; (C) separate classes; (D) separate, public or private, nonresiden- tial schools; and