20 U.S.C. § 1443 — Allocation of funds

Page 997 TITLE 20—EDUCATION § 1443 cy, or a State agency shall be considered to be a reference to an early intervention service provider under this subchapter; and (3) any reference to the education of children with disabilities or the education of all chil- dren with disabilities shall be considered to be a reference to the provision of appropriate early intervention services to infants and tod- dlers with disabilities. (Pub. L. 91–230, title VI, § 642, as added Pub. L. 108–446, title I, § 101, Dec. 3, 2004, 118 Stat. 2760.) Editorial Notes PRIOR PROVISIONS A prior section 1442, Pub. L. 91–230, title VI, § 642, as added Pub. L. 105–17, title I, § 101, June 4, 1997, 111 Stat. 118, related to Federal administration, prior to the gen- eral amendment of subchapters I to IV of this chapter by Pub. L. 108–446. Another prior section 1442, Pub. L. 91–230, title VI, § 642, Apr. 13, 1970, 84 Stat. 185; Pub. L. 98–199, §§ 3(b), 12, Dec. 2, 1983, 97 Stat. 1358, 1373; Pub. L. 101–476, title V, § 502, Oct. 30, 1990, 104 Stat. 1138; Pub. L. 102–119, § 25(a)(14), Oct. 7, 1991, 105 Stat. 606, related to research and demonstration projects in physical education and recreation for children with disabilities, prior to repeal by Pub. L. 105–17, title II, § 203(c), June 4, 1997, 111 Stat. 157, effective Oct. 1, 1997. § 1443. Allocation of funds (a) Reservation of funds for outlying areas (1) In general From the sums appropriated to carry out this subchapter for any fiscal year, the Sec- retary may reserve not more than 1 percent for payments to Guam, American Samoa, the United States Virgin Islands, and the Com- monwealth of the Northern Mariana Islands in accordance with their respective needs for as- sistance under this subchapter. (2) Consolidation of funds The provisions of Public Law 95–134, permit- ting the consolidation of grants to the out- lying areas, shall not apply to funds those areas receive under this subchapter. (b) Payments to Indians (1) In general The Secretary shall, subject to this sub- section, make payments to the Secretary of the Interior to be distributed to tribes, tribal organizations (as defined under section 5304 of title 25), or consortia of the above entities for the coordination of assistance in the provision of early intervention services by the States to infants and toddlers with disabilities and their families on reservations served by elementary schools and secondary schools for Indian chil- dren operated or funded by the Department of the Interior. The amount of such payment for any fiscal year shall be 1.25 percent of the ag- gregate of the amount available to all States under this subchapter for such fiscal year. (2) Allocation For each fiscal year, the Secretary of the In- terior shall distribute the entire payment re- ceived under paragraph (1) by providing to each tribe, tribal organization, or consortium an amount based on the number of infants and toddlers residing on the reservation, as deter- mined annually, divided by the total of such children served by all tribes, tribal organiza- tions, or consortia. (3) Information To receive a payment under this subsection, the tribe, tribal organization, or consortium shall submit such information to the Sec- retary of the Interior as is needed to deter- mine the amounts to be distributed under paragraph (2). (4) Use of funds The funds received by a tribe, tribal organi- zation, or consortium shall be used to assist States in child find, screening, and other pro- cedures for the early identification of Indian children under 3 years of age and for parent training. Such funds may also be used to pro- vide early intervention services in accordance with this subchapter. Such activities may be carried out directly or through contracts or cooperative agreements with the Bureau of In- dian Affairs, local educational agencies, and other public or private nonprofit organiza- tions. The tribe, tribal organization, or con- sortium is encouraged to involve Indian par- ents in the development and implementation of these activities. The above entities shall, as appropriate, make referrals to local, State, or Federal entities for the provision of services or further diagnosis. (5) Reports To be eligible to receive a payment under paragraph (2), a tribe, tribal organization, or consortium shall make a biennial report to the Secretary of the Interior of activities un- dertaken under this subsection, including the number of contracts and cooperative agree- ments entered into, the number of infants and toddlers contacted and receiving services for each year, and the estimated number of in- fants and toddlers needing services during the 2 years following the year in which the report is made. The Secretary of the Interior shall in- clude a summary of this information on a bi- ennial basis to the Secretary of Education along with such other information as required under section 1411(h)(3)(E) of this title. The Secretary of Education may require any addi- tional information from the Secretary of the Interior. (6) Prohibited uses of funds None of the funds under this subsection may be used by the Secretary of the Interior for ad- ministrative purposes, including child count, and the provision of technical assistance. (c) State allotments (1) In general Except as provided in paragraphs (2) and (3), from the funds remaining for each fiscal year after the reservation and payments under sub- sections (a), (b), and (e), the Secretary shall first allot to each State an amount that bears the same ratio to the amount of such remain- der as the number of infants and toddlers in the State bears to the number of infants and toddlers in all States. Page 998 TITLE 20—EDUCATION § 1444 (2) Minimum allotments Except as provided in paragraph (3), no State shall receive an amount under this section for any fiscal year that is less than the greater of— (A) 1⁄2 of 1 percent of the remaining amount described in paragraph (1); or (B) $500,000. (3) Ratable reduction (A) In general If the sums made available under this sub- chapter for any fiscal year are insufficient to pay the full amounts that all States are eligible to receive under this subsection for such year, the Secretary shall ratably re- duce the allotments to such States for such year. (B) Additional funds If additional funds become available for making payments under this subsection for a fiscal year, allotments that were reduced under subparagraph (A) shall be increased on the same basis the allotments were reduced. (4) Definitions In this subsection— (A) the terms ‘‘infants’’ and ‘‘toddlers’’ mean children under 3 years of age; and (B) the term ‘‘State’’ means each of the 50 States, the District of Columbia, and the Commonwealth of Puerto Rico. (d) Reallotment of funds If a State elects not to receive its allotment under subsection (c), the Secretary shall reallot, among the remaining States, amounts from such State in accordance with such subsection. (e) Reservation for State incentive grants (1) In general For any fiscal year for which the amount ap- propriated pursuant to the authorization of appropriations under section 1444 of this title exceeds $460,000,000, the Secretary shall re- serve 15 percent of such appropriated amount to provide grants to States that are carrying out the policy described in section 1435(c) of this title in order to facilitate the implemen- tation of such policy. (2) Amount of grant (A) In general Notwithstanding paragraphs (2) and (3) of subsection (c), the Secretary shall provide a grant to each State under paragraph (1) in an amount that bears the same ratio to the amount reserved under such paragraph as the number of infants and toddlers in the State bears to the number of infants and toddlers in all States receiving grants under such paragraph. (B) Maximum amount No State shall receive a grant under para- graph (1) for any fiscal year in an amount that is greater than 20 percent of the amount reserved under such paragraph for the fiscal year. (3) Carryover of amounts (A) First succeeding fiscal year Pursuant to section 1225(b) of this title, amounts under a grant provided under para- graph (1) that are not obligated and ex- pended prior to the beginning of the first fis- cal year succeeding the fiscal year for which such amounts were appropriated shall re- main available for obligation and expendi- ture during such first succeeding fiscal year. (B) Second succeeding fiscal year Amounts under a grant provided under paragraph (1) that are not obligated and ex- pended prior to the beginning of the second fiscal year succeeding the fiscal year for which such amounts were appropriated shall be returned to the Secretary and used to make grants to States under section 1433 of this title (from their allotments under this section) during such second succeeding fiscal year. (Pub. L. 91–230, title VI, § 643, as added Pub. L. 108–446, title I, § 101, Dec. 3, 2004, 118 Stat. 2760.) Editorial Notes REFERENCES IN TEXT Public Law 95–134, referred to in subsec. (a)(2), is Pub. L. 95–134, Oct. 15, 1977, 91 Stat. 1159. Provisions relating to consolidation of grants are contained in section 501 of Pub. L. 95–134 which is classified to section 1469a of Title 48, Territories and Insular Possessions. PRIOR PROVISIONS A prior section 1443, Pub. L. 91–230, title VI, § 643, as added Pub. L. 105–17, title I, § 101, June 4, 1997, 111 Stat. 118, related to allocation of funds, prior to the general amendment of subchapters I to IV of this chapter by Pub. L. 108–446. Another prior section 1443, Pub. L. 91–230, title VI, § 643, Apr. 13, 1970, 84 Stat. 185; Pub. L. 98–199, §§ 3(b), 12, Dec. 2, 1983, 97 Stat. 1358, 1373; Pub. L. 99–457, title III, § 313, Oct. 8, 1986, 100 Stat. 1170; Pub. L. 100–630, title I, § 105(c), Nov. 7, 1988, 102 Stat. 3299; Pub. L. 101–476, title IX, § 901(b)(145), (146), Oct. 30, 1990, 104 Stat. 1149; Pub. L. 102–119, § 25(b), Oct. 7, 1991, 105 Stat. 607, related to re- quirement of the Secretary to convene panels of ex- perts to evaluate proposals for projects, prior to repeal by Pub. L. 101–476, title V, §§ 503, 1001, Oct. 30, 1990, 104 Stat. 1138, 1151, effective Oct. 1, 1990. § 1444. Authorization of appropriations For the purpose of carrying out this sub- chapter, there are authorized to be appropriated such sums as may be necessary for each of the fiscal years 2005 through 2010. (Pub. L. 91–230, title VI, § 644, as added Pub. L. 108–446, title I, § 101, Dec. 3, 2004, 118 Stat. 2763.) Editorial Notes PRIOR PROVISIONS A prior section 1444, Pub. L. 91–230, title VI, § 644, as added Pub. L. 105–17, title I, § 101, June 4, 1997, 111 Stat. 121; amended Pub. L. 106–402, title IV, § 401(b)(1), Oct. 30, 2000, 114 Stat. 1737; Pub. L. 108–173, title IX, § 900(e)(6)(C), Dec. 8, 2003, 117 Stat. 2373, which related to the Federal Interagency Coordinating Council, was re- pealed, as such section was in effect on the day before Dec. 3, 2004, by Pub. L. 108–446, title III, § 304, Dec. 3, 2004, 118 Stat. 2804. Another prior section 1444, Pub. L. 91–230, title VI, § 643, formerly § 644, Apr. 13, 1970, 84 Stat. 186; Pub. L. 93–380, title VI, § 619, Aug. 21, 1974, 88 Stat. 585; Pub. L. 95–49, § 5, June 17, 1977, 91 Stat. 231; Pub. L. 98–199, § 12, Dec. 2, 1983, 97 Stat. 1374; Pub. L. 99–457, title III, § 314, Oct. 8, 1986, 100 Stat. 1171; renumbered § 643 and amend-