20 U.S.C. § 1461 — Purpose; definition of eligible entity

Page 1006 TITLE 20—EDUCATION § 1455 tained in section 501 of Pub. L. 95–134 which is classified to section 1469a of Title 48, Territories and Insular Pos- sessions. PRIOR PROVISIONS A prior section 1454, Pub. L. 91–230, title VI, § 654, as added Pub. L. 105–17, title I, § 101, June 4, 1997, 111 Stat. 128, related to use of funds, prior to the general amend- ment of subchapters I to IV of this chapter by Pub. L. 108–446. Another prior section 1454, Pub. L. 91–230, title VI, § 653, formerly § 654, Apr. 13, 1970, 84 Stat. 187; Pub. L. 93–380, title VI, § 620(2), Aug. 21, 1974, 88 Stat. 585; Pub. L. 95–49, § 6, June 17, 1977, 91 Stat. 231; Pub. L. 98–199, § 13, Dec. 2, 1983, 97 Stat. 1374; renumbered § 653 and amended Pub. L. 99–457, title III, § 316, Oct. 8, 1986, 100 Stat. 1171; Pub. L. 101–476, title VI, § 603, Oct. 30, 1990, 104 Stat. 1140, authorized appropriations, prior to repeal by Pub. L. 105–17, title II, § 203(c), June 4, 1997, 111 Stat. 157, effective Oct. 1, 1997. AMENDMENTS 2015—Subsec. (a)(1)(B). Pub. L. 114–95, § 9215(ss)(8)(A)(i), substituted ‘‘challenging State aca- demic achievement standards and with the require- ments for professional development, as defined in sec- tion 7801 of this title’’ for ‘‘challenging State student academic achievement and functional standards and with the requirements for professional development, as defined in section 7801 of this title’’. Subsec. (a)(4). Pub. L. 114–95, § 9214(d)(4)(A), sub- stituted ‘‘special education teachers who meet the qualifications described in section 1412(a)(14)(C) of this title, particularly initiatives that have been proven ef- fective in recruiting and retaining teachers’’ for ‘‘high- ly qualified special education teachers, particularly initiatives that have been proven effective in recruiting and retaining highly qualified teachers’’ in introduc- tory provisions. Subsec. (a)(5)(A). Pub. L. 114–95, § 9215(ss)(8)(A)(ii), made technical amendment to reference in original act which appears in text as reference to section 7801 of this title. Subsec. (b)(2). Pub. L. 114–95, § 9214(d)(4)(B)(i), sub- stituted ‘‘certification of special education teachers for individuals with a baccalaureate or master’s degree who meet the qualifications described in section 1412(a)(14)(C) of this title’’ for ‘‘certification of special education teachers for highly qualified individuals with a baccalaureate or master’s degree’’. Subsec. (b)(4). Pub. L. 114–95, § 9214(d)(4)(B)(ii), sub- stituted ‘‘special education teachers who meet the qualifications described in section 1412(a)(14)(C) of this title’’ for ‘‘highly qualified special education teachers’’. Subsec. (b)(10). Pub. L. 114–95, § 9215(ss)(8)(B), inserted ‘‘(as such section was in effect on the day before De- cember 10, 2015)’’ after ‘‘of this title’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2015 AMENDMENT Amendment by Pub. L. 114–95 effective Dec. 10, 2015, except with respect to certain noncompetitive pro- grams and competitive programs, see section 5 of Pub. L. 114–95, set out as a note under section 6301 of this title. § 1455. Authorization of appropriations There are authorized to be appropriated to carry out this part such sums as may be nec- essary for each of the fiscal years 2005 through 2010. (Pub. L. 91–230, title VI, § 655, as added Pub. L. 108–446, title I, § 101, Dec. 3, 2004, 118 Stat. 2774.) Editorial Notes PRIOR PROVISIONS A prior section 1455, Pub. L. 91–230, title VI, § 655, as added Pub. L. 105–17, title I, § 101, June 4, 1997, 111 Stat. 129, set out minimum State grant amounts, prior to the general amendment of subchapters I to IV of this chap- ter by Pub. L. 108–446. A prior section 1456, Pub. L. 91–230, title VI, § 656, as added Pub. L. 105–17, title I, § 101, June 4, 1997, 111 Stat. 129, which authorized appropriations, was omitted in the general amendment of subchapters I to IV of this chapter by Pub. L. 108–446. PART B—PERSONNEL PREPARATION, TECHNICAL ASSISTANCE, MODEL DEMONSTRATION PROJECTS, AND DISSEMINATION OF INFORMA- TION § 1461. Purpose; definition of eligible entity (a) Purpose The purpose of this part is— (1) to provide Federal funding for personnel preparation, technical assistance, model dem- onstration projects, information dissemina- tion, and studies and evaluations, in order to improve early intervention, educational, and transitional results for children with disabil- ities; and (2) to assist State educational agencies and local educational agencies in improving their education systems for children with disabil- ities. (b) Definition of eligible entity (1) In general In this part, the term ‘‘eligible entity’’ means— (A) a State educational agency; (B) a local educational agency; (C) a public charter school that is a local educational agency under State law; (D) an institution of higher education; (E) a public agency not described in sub- paragraphs (A) through (D); (F) a private nonprofit organization; (G) an outlying area; (H) an Indian tribe or a tribal organization (as defined under section 5304 of title 25); or (I) a for-profit organization, if the Sec- retary finds it appropriate in light of the purposes of a particular competition for a grant, contract, or cooperative agreement under this part. (2) Special rule The Secretary may limit which eligible enti- ties described in paragraph (1) are eligible for a grant, contract, or cooperative agreement under this part to 1 or more of the categories of eligible entities described in paragraph (1). (Pub. L. 91–230, title VI, § 661, as added Pub. L. 108–446, title I, § 101, Dec. 3, 2004, 118 Stat. 2774.) Editorial Notes PRIOR PROVISIONS A prior section 1461, Pub. L. 91–230, title VI, § 661, as added Pub. L. 105–17, title I, § 101, June 4, 1997, 111 Stat. 130, related to administrative provisions, prior to the general amendment of subchapters I to IV of this chap- ter by Pub. L. 108–446. Page 1007 TITLE 20—EDUCATION § 1462 Another prior section 1461, Pub. L. 91–230, title VI, § 661, as added Pub. L. 99–457, title III, § 317, Oct. 8, 1986, 100 Stat. 1172; amended Pub. L. 100–630, title I, § 107(b), Nov. 7, 1988, 102 Stat. 3301; Pub. L. 101–476, title VII, § 701, title IX, § 901(b)(154)–(156), Oct. 30, 1990, 104 Stat. 1140, 1149; Pub. L. 102–119, § 25(a)(15), (b), Oct. 7, 1991, 105 Stat. 606, 607, related to financial assistance for the purpose of advancing use of new technology, media, and materials in education of students with disabilities and provision of related services and early intervention services to infants and toddlers with disabilities, prior to repeal by Pub. L. 105–17, title II, § 203(c), June 4, 1997, 111 Stat. 157, effective Oct. 1, 1997. Another prior section 1461, Pub. L. 91–230, title VI, § 661, Apr. 13, 1970, 84 Stat. 187; Pub. L. 93–380, title VI, § 621, Aug. 21, 1974, 88 Stat. 585; Pub. L. 98–199, § 3(b), Dec. 2, 1983, 97 Stat. 1358, related to research, training, and model centers respecting special programs for chil- dren with specific learning disabilities, providing in subsec. (a), Secretary’s grant and contract authority, functions of model centers, and considerations gov- erning making of contracts and grants; subsec. (b), other considerations in making awards, geographical distribution of training programs and trained per- sonnel, and a model center in each State; and subsec. (c), appropriations authorization of $10, $20, and $20 million dollars for fiscal years ending June 30, 1975 through 1977, respectively, prior to repeal by Pub. L. 98–199, § 14, Dec. 2, 1983, 97 Stat. 1374. § 1462. Personnel development to improve serv- ices and results for children with disabilities (a) In general The Secretary, on a competitive basis, shall award grants to, or enter into contracts or coop- erative agreements with, eligible entities to carry out 1 or more of the following objectives: (1) To help address the needs identified in the State plan described in section 1453(a)(2) of this title for personnel, as defined in section 1451(b) of this title, who meet the applicable requirements described in section 1412(a)(14) of this title, to work with infants or toddlers with disabilities, or children with disabilities, consistent with the qualifications described in section 1412(a)(14) of this title. (2) To ensure that those personnel have the necessary skills and knowledge, derived from practices that have been determined, through scientifically based research, to be successful in serving those children. (3) To encourage increased focus on aca- demics and core content areas in special edu- cation personnel preparation programs. (4) To ensure that regular education teach- ers have the necessary skills and knowledge to provide instruction to students with disabil- ities in the regular education classroom. (5) To ensure that all special education teachers meet the qualifications described in section 1412(a)(14)(C) of this title. (6) To ensure that preservice and in-service personnel preparation programs include train- ing in— (A) the use of new technologies; (B) the area of early intervention, edu- cational, and transition services; (C) effectively involving parents; and (D) positive behavioral supports. (7) To provide high-quality professional de- velopment for principals, superintendents, and other administrators, including training in— (A) instructional leadership; (B) behavioral supports in the school and classroom; (C) paperwork reduction; (D) promoting improved collaboration be- tween special education and general edu- cation teachers; (E) assessment and accountability; (F) ensuring effective learning environ- ments; and (G) fostering positive relationships with parents. (b) Personnel development; enhanced support for beginning special educators (1) In general In carrying out this section, the Secretary shall support activities— (A) for personnel development, including activities for the preparation of personnel who will serve children with high incidence and low incidence disabilities, to prepare special education and general education teachers, principals, administrators, and re- lated services personnel (and school board members, when appropriate) to meet the di- verse and individualized instructional needs of children with disabilities and improve early intervention, educational, and transi- tional services and results for children with disabilities, consistent with the objectives described in subsection (a); and (B) for enhanced support for beginning spe- cial educators, consistent with the objec- tives described in subsection (a). (2) Personnel development In carrying out paragraph (1)(A), the Sec- retary shall support not less than 1 of the fol- lowing activities: (A) Assisting effective existing, improving existing, or developing new, collaborative personnel preparation activities undertaken by institutions of higher education, local educational agencies, and other local enti- ties that incorporate best practices and sci- entifically based research, where applicable, in providing special education and general education teachers, principals, administra- tors, and related services personnel with the knowledge and skills to effectively support students with disabilities, including— (i) working collaboratively in regular classroom settings; (ii) using appropriate supports, accom- modations, and curriculum modifications; (iii) implementing effective teaching strategies, classroom-based techniques, and interventions to ensure appropriate identification of students who may be eli- gible for special education services, and to prevent the misidentification, inappro- priate overidentification, or underidenti- fication of children as having a disability, especially minority and limited English proficient children; (iv) effectively working with and involv- ing parents in the education of their chil- dren; (v) utilizing strategies, including posi- tive behavioral interventions, for address- ing the conduct of children with disabil-