20 U.S.C. § 1452 — Eligibility and collaborative process

Page 1001 TITLE 20—EDUCATION § 1452 State educational agency to spend the funds on other activities. (3) Minimum allotment The amount of any State educational agen- cy’s allotment under this subsection for any fiscal year shall not be less than— (A) the greater of $500,000 or 1⁄2 of 1 percent of the total amount available under this sub- section for that year, in the case of each of the 50 States, the District of Columbia, and the Commonwealth of Puerto Rico; and (B) $80,000, in the case of an outlying area. (4) Direct benefit In using grant funds allotted under para- graph (1), a State educational agency shall, through grants, contracts, or cooperative agreements, undertake activities that signifi- cantly and directly benefit the local edu- cational agencies in the State. (e) Continuation awards (1) In general Notwithstanding any other provision of this part, from funds appropriated under section 1455 of this title for each fiscal year, the Sec- retary shall reserve the amount that is nec- essary to make a continuation award to any State educational agency (at the request of the State educational agency) that received a multi-year award under this subchapter (as this subchapter was in effect on the day before December 3, 2004), to enable the State edu- cational agency to carry out activities in ac- cordance with the terms of the multi-year award. (2) Prohibition A State educational agency that receives a continuation award under paragraph (1) for any fiscal year may not receive any other award under this part for that fiscal year. (Pub. L. 91–230, title VI, § 651, as added Pub. L. 108–446, title I, § 101, Dec. 3, 2004, 118 Stat. 2765; amended Pub. L. 114–95, title IX, § 9215(ss)(6), Dec. 10, 2015, 129 Stat. 2183.) Editorial Notes PRIOR PROVISIONS A prior section 1451, Pub. L. 91–230, title VI, § 651, as added Pub. L. 105–17, title I, § 101, June 4, 1997, 111 Stat. 123, related to the findings and purposes of part A of former subchapter IV of this chapter, prior to the gen- eral amendment of subchapters I to IV of this chapter by Pub. L. 108–446. Another prior section 1451, Pub. L. 91–230, title VI, § 651, Apr. 13, 1970, 84 Stat. 186; Pub. L. 100–630, title I, § 106(b), Nov. 7, 1988, 102 Stat. 3300; Pub. L. 101–476, title VI, § 601, title IX, § 901(b)(150), Oct. 30, 1990, 104 Stat. 1138, 1149; Pub. L. 102–119, § 25(b), Oct. 7, 1991, 105 Stat. 607, related to the purposes of former subchapter VI of this chapter, which included promoting general welfare of deaf and hard of hearing individuals and visually im- paired individuals and educational advancement of in- dividuals with disabilities, prior to repeal by Pub. L. 105–17, title II, § 203(c), June 4, 1997, 111 Stat. 157, effec- tive Oct. 1, 1997. AMENDMENTS 2015—Subsec. (c)(5)(E). Pub. L. 114–95 substituted ‘‘and 6611(d)’’ for ‘‘and 6612,’’. 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. EFFECTIVE DATE Part effective July 1, 2005, see section 302(a) of Pub. L. 108–446, set out as a note under section 1400 of this title. § 1452. Eligibility and collaborative process (a) Eligible applicants A State educational agency may apply for a grant under this part for a grant period of not less than 1 year and not more than 5 years. (b) Partners (1) In general In order to be considered for a grant under this part, a State educational agency shall es- tablish a partnership with local educational agencies and other State agencies involved in, or concerned with, the education of children with disabilities, including— (A) not less than 1 institution of higher education; and (B) the State agencies responsible for ad- ministering subchapter III, early education, child care, and vocational rehabilitation programs. (2) Other partners In order to be considered for a grant under this part, a State educational agency shall work in partnership with other persons and or- ganizations involved in, and concerned with, the education of children with disabilities, which may include— (A) the Governor; (B) parents of children with disabilities ages birth through 26; (C) parents of nondisabled children ages birth through 26; (D) individuals with disabilities; (E) parent training and information cen- ters or community parent resource centers funded under sections 1471 and 1472 of this title, respectively; (F) community based and other nonprofit organizations involved in the education and employment of individuals with disabilities; (G) personnel as defined in section 1451(b) of this title; (H) the State advisory panel established under subchapter II; (I) the State interagency coordinating council established under subchapter III; (J) individuals knowledgeable about voca- tional education; (K) the State agency for higher education; (L) public agencies with jurisdiction in the areas of health, mental health, social serv- ices, and juvenile justice; (M) other providers of professional devel- opment that work with infants, toddlers, preschoolers, and children with disabilities; and (N) other individuals. Page 1002 TITLE 20—EDUCATION § 1453 (3) Required partner If State law assigns responsibility for teach- er preparation and certification to an indi- vidual, entity, or agency other than the State educational agency, the State educational agency shall— (A) include that individual, entity, or agency as a partner in the partnership under this subsection; and (B) ensure that any activities the State educational agency will carry out under this part that are within that partner’s jurisdic- tion (which may include activities described in section 1454(b) of this title) are carried out by that partner. (Pub. L. 91–230, title VI, § 652, as added Pub. L. 108–446, title I, § 101, Dec. 3, 2004, 118 Stat. 2767.) Editorial Notes PRIOR PROVISIONS A prior section 1452, Pub. L. 91–230, title VI, § 652, as added Pub. L. 105–17, title I, § 101, June 4, 1997, 111 Stat. 124, related to eligibility and collaborative process, prior to the general amendment of subchapters I to IV of this chapter by Pub. L. 108–446. Another prior section 1452, Pub. L. 91–230, title VI, § 652, Apr. 13, 1970, 84 Stat. 186; Pub. L. 93–380, title VI, § 620(1), Aug. 21, 1974, 88 Stat. 585; Pub. L. 94–482, title V, § 501(h), Oct. 12, 1976, 90 Stat. 2237; Pub. L. 98–199, § 3(b), Dec. 2, 1983, 97 Stat. 1358; Pub. L. 99–457, title III, § 315, Oct. 8, 1986, 100 Stat. 1171; Pub. L. 100–630, title I, § 106(c), Nov. 7, 1988, 102 Stat. 3300; Pub. L. 101–476, title VI, § 602, title IX, § 901(b)(151), (152), Oct. 30, 1990, 104 Stat. 1139, 1149; Pub. L. 102–119, § 25(b), Oct. 7, 1991, 105 Stat. 607, related to establishment of a loan service of captioned films, television, descriptive video, and edu- cational media for individuals with disabilities, prior to repeal by Pub. L. 105–17, title II, § 203(c), June 4, 1997, 111 Stat. 157, effective Oct. 1, 1997. § 1453. Applications (a) In general (1) Submission A State educational agency that desires to receive a grant under this part shall submit to the Secretary an application at such time, in such manner, and including such information as the Secretary may require. (2) State plan The application shall include a plan that identifies and addresses the State and local needs for the personnel preparation and pro- fessional development of personnel, as well as individuals who provide direct supplementary aids and services to children with disabilities, and that— (A) is designed to enable the State to meet the requirements of section 1412(a)(14) of this title and section 1435(a)(8) and (9) of this title; (B) is based on an assessment of State and local needs that identifies critical aspects and areas in need of improvement related to the preparation, ongoing training, and pro- fessional development of personnel who serve infants, toddlers, preschoolers, and children with disabilities within the State, including— (i) current and anticipated personnel va- cancies and shortages; and (ii) the number of preservice and inserv- ice programs; and (C) is integrated and aligned, to the max- imum extent possible, with State plans and activities under the Elementary and Sec- ondary Education Act of 1965 [20 U.S.C. 6301 et seq.], the Rehabilitation Act of 1973 [29 U.S.C. 701 et seq.], and the Higher Education Act of 1965 [20 U.S.C. 1001 et seq.]. (3) Requirement The State application shall contain an as- surance that the State educational agency will carry out each of the strategies described in subsection (b)(4). (b) Elements of State personnel development plan Each State personnel development plan under subsection (a)(2) shall— (1) describe a partnership agreement that is in effect for the period of the grant, which agreement shall specify— (A) the nature and extent of the partner- ship described in section 1452(b) of this title and the respective roles of each member of the partnership, including the partner de- scribed in section 1452(b)(3) of this title if ap- plicable; and (B) how the State educational agency will work with other persons and organizations involved in, and concerned with, the edu- cation of children with disabilities, includ- ing the respective roles of each of the per- sons and organizations; (2) describe how the strategies and activities described in paragraph (4) will be coordinated with activities supported with other public re- sources (including part B [subchapter II] and part C [subchapter III] funds retained for use at the State level for personnel and profes- sional development purposes) and private re- sources; (3) describe how the State educational agen- cy will align its personnel development plan under this part with the plan and application submitted under sections 1111 and 2101(d), re- spectively, of the Elementary and Secondary Education Act of 1965 [20 U.S.C. 6311, 6611(d)]; (4) describe those strategies the State edu- cational agency will use to address the profes- sional development and personnel needs iden- tified under subsection (a)(2) and how such strategies will be implemented, including— (A) a description of the programs and ac- tivities to be supported under this part that will provide personnel with the knowledge and skills to meet the needs of, and improve the performance and achievement of, in- fants, toddlers, preschoolers, and children with disabilities; and (B) how such strategies will be integrated, to the maximum extent possible, with other activities supported by grants funded under section 1462 of this title; (5) provide an assurance that the State edu- cational agency will provide technical assist- ance to local educational agencies to improve the quality of professional development avail- able to meet the needs of personnel who serve children with disabilities;