20 U.S.C. § 1475 — Authorization of appropriations

Page 1019 TITLE 20—EDUCATION § 1475 other persons with print disabilities in ele- mentary schools and secondary schools, in accordance with such terms and procedures as the National Instructional Materials Ac- cess Center may prescribe. (C) To develop, adopt and publish proce- dures to protect against copyright infringe- ment, with respect to the print instructional materials provided under sections 1412(a)(23) and 1413(a)(6) of this title. (3) Definitions In this subsection: (A) Blind or other persons with print disabil- ities The term ‘‘blind or other persons with print disabilities’’ means children served under this chapter and who may qualify in accordance with the Act entitled ‘‘An Act to provide books for the adult blind’’, approved March 3, 1931 (2 U.S.C. 135a; 46 Stat. 1487) to receive books and other publications pro- duced in specialized formats. (B) National Instructional Materials Accessi- bility Standard The term ‘‘National Instructional Mate- rials Accessibility Standard’’ means the standard established by the Secretary to be used in the preparation of electronic files suitable and used solely for efficient conver- sion into specialized formats. (C) Print instructional materials The term ‘‘print instructional materials’’ means printed textbooks and related printed core materials that are written and pub- lished primarily for use in elementary school and secondary school instruction and are required by a State educational agency or local educational agency for use by stu- dents in the classroom. (D) Specialized formats The term ‘‘specialized formats’’ has the meaning given the term in section 121(d)(3) of title 17. (4) Applicability This subsection shall apply to print instruc- tional materials published after the date on which the final rule establishing the National Instructional Materials Accessibility Standard was published in the Federal Register. (5) Liability of the Secretary Nothing in this subsection shall be con- strued to establish a private right of action against the Secretary for failure to provide in- structional materials directly, or for failure by the National Instructional Materials Ac- cess Center to perform the duties of such cen- ter, or to otherwise authorize a private right of action related to the performance by such center, including through the application of the rights of children and parents established under this chapter. (6) Inapplicability Subsections (a) through (d) shall not apply to this subsection. (Pub. L. 91–230, title VI, § 674, as added Pub. L. 108–446, title I, § 101, Dec. 3, 2004, 118 Stat. 2792.) Editorial Notes REFERENCES IN TEXT This chapter, referred to in subsec. (e)(3)(A), (5), was in the original ‘‘this Act’’ and was translated as read- ing ‘‘this title’’, meaning title VI of Pub. L. 91–230, which enacted this chapter, to reflect the probable in- tent of Congress. ‘‘An Act to provide books for the adult blind’’, ap- proved March 3, 1931, referred to in subsec. (e)(3)(A), is act Mar. 3, 1931, ch. 400, 46 Stat. 1487, which is classified generally to sections 135a and 135b of Title 2, The Con- gress. For complete classification of this Act to the Code, see Tables. Section 121(d) of title 17, referred to in subsec. (e)(3)(D), was amended by Pub. L. 115–261, § 2(a)(1)(D), Oct. 9, 2018, 132 Stat. 3667, and no longer defines the term ‘‘specialized formats’’. PRIOR PROVISIONS A prior section 1474, Pub. L. 91–230, title VI, § 674, as added Pub. L. 105–17, title I, § 101, June 4, 1997, 111 Stat. 143, related to studies and evaluations, prior to the gen- eral amendment of subchapters I to IV of this chapter by Pub. L. 108–446. Another prior section 1474, Pub. L. 91–230, title VI, § 674, as added Pub. L. 99–457, title I, § 101(a), Oct. 8, 1986, 100 Stat. 1147, related to general eligibility, prior to re- peal by Pub. L. 105–17, title II, § 203(b), June 4, 1997, 111 Stat. 157, effective July 1, 1998. § 1475. 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, § 675, as added Pub. L. 108–446, title I, § 101, Dec. 3, 2004, 118 Stat. 2795.) Editorial Notes PRIOR PROVISIONS Prior sections 1475 to 1480 were repealed by Pub. L. 105–17, title II, § 203(b), June 4, 1997, 111 Stat. 157, effec- tive July 1, 1998. Section 1475, Pub. L. 91–230, title VI, § 675, as added Pub. L. 99–457, title I, § 101(a), Oct. 8, 1986, 100 Stat. 1147; amended Pub. L. 100–630, title I, § 108(c), Nov. 7, 1988, 102 Stat. 3301; Pub. L. 101–476, title IX, § 901(b)(165), Oct. 30, 1990, 104 Stat. 1150; Pub. L. 102–52, § 10, June 6, 1991, 105 Stat. 263; Pub. L. 102–119, §§ 19(c), 25(b), Oct. 7, 1991, 105 Stat. 601, 607, related to continuing eligibility. Section 1476, Pub. L. 91–230, title VI, § 675, as added Pub. L. 99–457, title I, § 101(a), Oct. 8, 1986, 100 Stat. 1147; amended Pub. L. 100–630, title I, § 108(c), Nov. 7, 1988, 102 Stat. 3301; Pub. L. 101–476, title IX, § 901(b)(165), Oct. 30, 1990, 104 Stat. 1150; Pub. L. 102–52, § 10, June 6, 1991, 105 Stat. 263; Pub. L. 102–119, §§ 19(c), 25(b), Oct. 7, 1991, 105 Stat. 601, 607, related to the minimum components for a statewide system providing early intervention serv- ices to infants and toddlers with disabilities and their families. Section 1477, Pub. L. 91–230, title VI, § 677, as added Pub. L. 99–457, title I, § 101(a), Oct. 8, 1986, 100 Stat. 1149; amended Pub. L. 100–630, title I, § 108(f), Nov. 7, 1988, 102 Stat. 3301; Pub. L. 101–476, title IX, § 901(b)(174)–(176), Oct. 30, 1990, 104 Stat. 1150; Pub. L. 102–119, §§ 14, 25(b), Oct. 7, 1991, 105 Stat. 597, 607, related to the individual- ized family service plan. Section 1478, Pub. L. 91–230, title VI, § 678, as added Pub. L. 99–457, title I, § 101(a), Oct. 8, 1986, 100 Stat. 1150; amended Pub. L. 100–630, title I, § 108(g), Nov. 7, 1988, 102 Stat. 3302; Pub. L. 101–476, title IX, § 901(b)(177), Oct. 30, 1990, 104 Stat. 1150; Pub. L. 102–119, §§ 15, 25(b), Oct. 7, 1991, 105 Stat. 597, 607, related to contents of State ap- plication, statement of assurances, and approval proc- ess. Page 1020 TITLE 20—EDUCATION § 1481 1 See References in Text note below. Section 1479, Pub. L. 91–230, title VI, § 679, as added Pub. L. 99–457, title I, § 101(a), Oct. 8, 1986, 100 Stat. 1151; amended Pub. L. 100–630, title I, § 108(h), Nov. 7, 1988, 102 Stat. 3302; Pub. L. 101–476, title IX, § 901(b)(178), Oct. 30, 1990, 104 Stat. 1150; Pub. L. 102–119, §§ 16, 25(b), Oct. 7, 1991, 105 Stat. 598, 607, related to permissible uses of funds. Section 1480, Pub. L. 91–230, title VI, § 680, as added Pub. L. 99–457, title I, § 101(a), Oct. 8, 1986, 100 Stat. 1152; amended Pub. L. 100–630, title I, § 108(i), Nov. 7, 1988, 102 Stat. 3302; Pub. L. 101–476, title IX, § 901(b)(179), (180), Oct. 30, 1990, 104 Stat. 1150; Pub. L. 102–119, §§ 17, 25(b), Oct. 7, 1991, 105 Stat. 598, 607, related to procedural safe- guards. PART D—GENERAL PROVISIONS § 1481. Comprehensive plan for parts B and C (a) Comprehensive plan (1) In general After receiving input from interested indi- viduals with relevant expertise, the Secretary shall develop and implement a comprehensive plan for activities carried out under parts B and C in order to enhance the provision of early intervention services, educational serv- ices, related services, and transitional services to children with disabilities under subchapters II and III. To the extent practicable, the plan shall be coordinated with the plan developed pursuant to section 9567b(c) of this title 1 and shall include mechanisms to address early intervention, educational, related service and transitional needs identified by State edu- cational agencies in applications submitted for State personnel development grants under part A and for grants under parts B and C. (2) Public comment The Secretary shall provide a public com- ment period of not less than 45 days on the plan. (3) Distribution of funds In implementing the plan, the Secretary shall, to the extent appropriate, ensure that funds awarded under parts B and C are used to carry out activities that benefit, directly or indirectly, children with the full range of dis- abilities and of all ages. (4) Reports to Congress The Secretary shall annually report to Con- gress on the Secretary’s activities under parts B and C, including an initial report not later than 12 months after December 3, 2004. (b) Assistance authorized The Secretary is authorized to award grants to, or enter into contracts or cooperative agree- ments with, eligible entities to enable the eligi- ble entities to carry out the purposes of such parts in accordance with the comprehensive plan described in subsection (a). (c) Special populations (1) Application requirement In making an award of a grant, contract, or cooperative agreement under part B or C, the Secretary shall, as appropriate, require an eli- gible entity to demonstrate how the eligible entity will address the needs of children with disabilities from minority backgrounds. (2) Required outreach and technical assistance Notwithstanding any other provision of this chapter, the Secretary shall reserve not less than 2 percent of the total amount of funds ap- propriated to carry out parts B and C for ei- ther or both of the following activities: (A) Providing outreach and technical as- sistance to historically Black colleges and universities, and to institutions of higher education with minority enrollments of not less than 25 percent, to promote the partici- pation of such colleges, universities, and in- stitutions in activities under this part. (B) Enabling historically Black colleges and universities, and the institutions de- scribed in subparagraph (A), to assist other colleges, universities, institutions, and agen- cies in improving educational and transi- tional results for children with disabilities, if the historically Black colleges and univer- sities and the institutions of higher edu- cation described in subparagraph (A) meet the criteria established by the Secretary under this part. (d) Priorities The Secretary, in making an award of a grant, contract, or cooperative agreement under part B or C, may, without regard to the rulemaking procedures under section 553 of title 5, limit competitions to, or otherwise give priority to— (1) projects that address 1 or more— (A) age ranges; (B) disabilities; (C) school grades; (D) types of educational placements or early intervention environments; (E) types of services; (F) content areas, such as reading; or (G) effective strategies for helping children with disabilities learn appropriate behavior in the school and other community based educational settings; (2) projects that address the needs of chil- dren based on the severity or incidence of their disability; (3) projects that address the needs of— (A) low achieving students; (B) underserved populations; (C) children from low income families; (D) limited English proficient children; (E) unserved and underserved areas; (F) rural or urban areas; (G) children whose behavior interferes with their learning and socialization; (H) children with reading difficulties; (I) children in public charter schools; (J) children who are gifted and talented; or (K) children with disabilities served by local educational agencies that receive pay- ments under title VII of the Elementary and Secondary Education Act of 1965 [20 U.S.C. 7701 et seq.]; (4) projects to reduce inappropriate identi- fication of children as children with disabil- ities, particularly among minority children; (5) projects that are carried out in particular areas of the country, to ensure broad geo- graphic coverage;