20 U.S.C. § 1417 — Administration

Page 982 TITLE 20—EDUCATION § 1417 prior to the general amendment of subchapters I to IV of this chapter by Pub. L. 105–17. § 1417. Administration (a) Responsibilities of Secretary The Secretary shall— (1) cooperate with, and (directly or by grant or contract) furnish technical assistance nec- essary to, a State in matters relating to— (A) the education of children with disabil- ities; and (B) carrying out this subchapter; and (2) provide short-term training programs and institutes. (b) Prohibition against Federal mandates, direc- tion, or control Nothing in this chapter shall be construed to authorize an officer or employee of the Federal Government to mandate, direct, or control a State, local educational agency, or school’s spe- cific instructional content, academic achieve- ment standards and assessments, curriculum, or program of instruction. (c) Confidentiality The Secretary shall take appropriate action, in accordance with section 1232g of this title, to ensure the protection of the confidentiality of any personally identifiable data, information, and records collected or maintained by the Sec- retary and by State educational agencies and local educational agencies pursuant to this sub- chapter. (d) Personnel The Secretary is authorized to hire qualified personnel necessary to carry out the Secretary’s duties under subsection (a), under section 1418 of this title, and under part D of subchapter IV, without regard to the provisions of title 5 relat- ing to appointments in the competitive service and without regard to chapter 51 and subchapter III of chapter 53 of such title relating to classi- fication and general schedule pay rates, except that no more than 20 such personnel shall be em- ployed at any time. (e) Model forms Not later than the date that the Secretary publishes final regulations under this chapter, to implement amendments made by the Individ- uals with Disabilities Education Improvement Act of 2004, the Secretary shall publish and dis- seminate widely to States, local educational agencies, and parent and community training and information centers— (1) a model IEP form; (2) a model individualized family service plan (IFSP) form; (3) a model form of the notice of procedural safeguards described in section 1415(d) of this title; and (4) a model form of the prior written notice described in subsections (b)(3) and (c)(1) of sec- tion 1415 of this title that is consistent with the requirements of this subchapter and is suf- ficient to meet such requirements. (Pub. L. 91–230, title VI, § 617, as added Pub. L. 108–446, title I, § 101, Dec. 3, 2004, 118 Stat. 2737.) Editorial Notes REFERENCES IN TEXT The provisions of title 5 relating to appointments in the competitive service, referred to in subsec. (d), are classified generally to section 3301 et seq. of Title 5, Government Organization and Employees. The Individuals with Disabilities Education Improve- ment Act of 2004, referred to in subsec. (e), is Pub. L. 108–446, Dec. 3, 2004, 118 Stat. 2647. For complete classi- fication of this Act to the Code, see Short Title of 2004 Amendment note set out under section 1400 of this title and Tables. PRIOR PROVISIONS A prior section 1417, Pub. L. 91–230, title VI, § 617, as added Pub. L. 105–17, title I, § 101, June 4, 1997, 111 Stat. 100, related to Secretary’s administrative duties, prior to the general amendment of subchapters I to IV of this chapter by Pub. L. 108–446. Another prior section 1417, Pub. L. 91–230, title VI, § 617, as added Pub. L. 94–142, § 5(a), Nov. 29, 1975, 89 Stat. 791; amended Pub. L. 98–199, § 3(b), Dec. 2, 1983, 97 Stat. 1358; Pub. L. 100–630, title I, § 102(g), Nov. 7, 1988, 102 Stat. 3295; Pub. L. 101–476, title IX, § 901(b)(77), (78), Oct. 30, 1990, 104 Stat. 1145; Pub. L. 102–119, § 25(a)(7), (b), Oct. 7, 1991, 105 Stat. 606, 607, related to Secretary’s ad- ministrative duties, prior to the general amendment of subchapters I to IV of this chapter by Pub. L. 105–17. § 1418. Program information (a) In general Each State that receives assistance under this subchapter, and the Secretary of the Interior, shall provide data each year to the Secretary of Education and the public on the following: (1)(A) The number and percentage of chil- dren with disabilities, by race, ethnicity, lim- ited English proficiency status, gender, and disability category, who are in each of the fol- lowing separate categories: (i) Receiving a free appropriate public edu- cation. (ii) Participating in regular education. (iii) In separate classes, separate schools or facilities, or public or private residential facilities. (iv) For each year of age from age 14 through 21, stopped receiving special edu- cation and related services because of pro- gram completion (including graduation with a regular secondary school diploma), or other reasons, and the reasons why those children stopped receiving special education and related services. (v)(I) Removed to an interim alternative educational setting under section 1415(k)(1) of this title. (II) The acts or items precipitating those removals. (III) The number of children with disabil- ities who are subject to long-term suspen- sions or expulsions. (B) The number and percentage of children with disabilities, by race, gender, and eth- nicity, who are receiving early intervention services. (C) The number and percentage of children with disabilities, by race, gender, and eth- nicity, who, from birth through age 2, stopped receiving early intervention services because of program completion or for other reasons. (D) The incidence and duration of discipli- nary actions by race, ethnicity, limited