20 U.S.C. § 4355 — Monitoring, evaluation, and reporting

Page 1231 TITLE 20—EDUCATION § 4355 (4) For the preceding fiscal year, a state- ment showing the receipts of the University and NTID and from what Federal sources, and a statement showing the expenditures of each institution by function, activity, and adminis- trative and academic unit. (5) A statement showing the use of funds (both corpus and income) provided by the Fed- eral Endowment Program under section 4357 of this title. (6) A statement showing how such Endow- ment Program funds are invested, what the gains or losses (both realized and unrealized) on such investments were for the most recent fiscal year, and what changes were made in in- vestments during that year. (7) Such additional information as the Sec- retary may consider necessary. (Pub. L. 99–371, title II, § 204, formerly title IV, § 404, Aug. 4, 1986, 100 Stat. 790; renumbered title II, § 204, and amended Pub. L. 102–421, title I, §§ 101(b)(5), (6), 134, Oct. 16, 1992, 106 Stat. 2151, 2157; Pub. L. 103–73, title II, § 204(c), Aug. 11, 1993, 107 Stat. 735; Pub. L. 105–244, title IX, § 917, Oct. 7, 1998, 112 Stat. 1831; Pub. L. 110–315, title IX, § 906, Aug. 14, 2008, 122 Stat. 3453.) Editorial Notes PRIOR PROVISIONS Provisions similar to this section were contained in section 691f of this title prior to repeal by Pub. L. 99–371. AMENDMENTS 2008—Pub. L. 110–315, § 906(1), substituted ‘‘Committee on Health, Education, Labor, and Pensions of the Sen- ate’’ for ‘‘Committee on Labor and Human Resources of the Senate’’ in introductory provisions. Par. (1). Pub. L. 110–315, § 906(2), struck out ‘‘pre- paratory,’’ after ‘‘secondary,’’. Par. (2)(C). Pub. L. 110–315, § 906(3), substituted ‘‘on the date that is one year after the date of graduation or completion’’ for ‘‘upon graduation/completion’’. Par. (3)(B). Pub. L. 110–315, § 906(4), substituted ‘‘of NTID programs and activities’’ for ‘‘of the institution of higher education with which the Secretary has an agreement under section 4332 of this title, including specific schedules and analyses for all NTID funds, as required under section 4353 of this title’’. 1998—Par. (3). Pub. L. 105–244 substituted ‘‘A sum- mary of the annual’’ for ‘‘The annual’’ in subpar. (A) and substituted ‘‘a summary of the annual’’ for ‘‘the annual’’ in subpar. (B). 1993—Par. (1). Pub. L. 103–73, § 204(c)(1), substituted ‘‘first-time’’ for ‘‘first time’’. Par. (2)(G). Pub. L. 103–73, § 204(c)(2), substituted ‘‘in- dividualized education programs’’ for ‘‘Individualized Education Programs’’ and ‘‘children who are deaf or hard of hearing’’ for ‘‘children who are deaf’’. Par. (3). Pub. L. 103–73, § 204(c)(3), amended par. (3) generally. Prior to amendment, par. (3) read as follows: ‘‘The annual audited financial statements of the Uni- versity and NTID, respectively, together with the audi- tor’s report.’’ Par. (6). Pub. L. 103–73, § 204(c)(4), substituted ‘‘Pro- gram funds are’’ for ‘‘Program is’’. 1992—Pub. L. 102–421, § 134, amended section generally, substituting present provisions for provisions requiring annual reports from Board of Trustees of Gallaudet University and National Technical Institute for the Deaf and providing for an annual monitoring and eval- uation report. Statutory Notes and Related Subsidiaries CHANGE OF NAME Committee on Education and Labor of House of Rep- resentatives changed to Committee on Education and the Workforce of House of Representatives by House Resolution No. 5, One Hundred Eighteenth Congress, Jan. 9, 2023. EFFECTIVE DATE OF 1998 AMENDMENT Amendment by Pub. L. 105–244 effective Oct. 1, 1998, except as otherwise provided in Pub. L. 105–244, see sec- tion 3 of Pub. L. 105–244, set out as a note under section 1001 of this title. EFFECTIVE DATE OF 1992 AMENDMENT Amendment by Pub. L. 102–421 effective Oct. 1, 1992, see section 161 of Pub. L. 102–421, set out as a note under section 4301 of this title. § 4355. Monitoring, evaluation, and reporting (a) Activities The Secretary shall conduct monitoring and evaluation activities of the education programs and activities and the administrative operations of the University (including the elementary, sec- ondary, undergraduate, and graduate programs) and of NTID. The Secretary may also conduct studies related to the provision of preschool, ele- mentary, secondary, and postsecondary edu- cation and other related services to individuals who are deaf or hard of hearing. In carrying out the responsibilities described in this section, the Secretary is authorized to employ such consult- ants as may be necessary pursuant to section 3109 of title 5. (b) Report The Secretary shall annually transmit infor- mation to Congress on the monitoring and eval- uation activities pursuant to subsection (a), to- gether with such recommendations, including recommendations for legislation, as the Sec- retary may consider necessary. (c) Authorization of appropriations There are authorized to be appropriated such sums as may be necessary for each of the fiscal years 2009 through 2014 to carry out the moni- toring and evaluation activities authorized under this section. (Pub. L. 99–371, title II, § 205, formerly title IV, § 405, Aug. 4, 1986, 100 Stat. 790; renumbered title II, § 205, and amended Pub. L. 102–421, title I, §§ 101(b)(5), (6), 135(a), Oct. 16, 1992, 106 Stat. 2151, 2158; Pub. L. 103–73, title II, § 204(d), Aug. 11, 1993, 107 Stat. 735; Pub. L. 105–244, title IX, § 918, Oct. 7, 1998, 112 Stat. 1831; Pub. L. 110–315, title IX, § 907, Aug. 14, 2008, 122 Stat. 3453.) Editorial Notes AMENDMENTS 2008—Subsec. (a). Pub. L. 110–315, § 907(1), struck out ‘‘preparatory,’’ before ‘‘undergraduate’’. Subsec. (b). Pub. L. 110–315, § 907(2), substituted ‘‘The Secretary shall annually transmit information to Con- gress on’’ for ‘‘The Secretary, as part of the annual re- port required under section 3486 of this title, shall in- clude a description of’’. Subsec. (c). Pub. L. 110–315, § 907(3), substituted ‘‘fis- cal years 2009 through 2014’’ for ‘‘fiscal years 1998 through 2003’’. Page 1232 TITLE 20—EDUCATION § 4356 1998—Subsec. (c). Pub. L. 105–244 substituted ‘‘1998 through 2003’’ for ‘‘1993, 1994, 1995, 1996, and 1997’’. 1993—Subsec. (a). Pub. L. 103–73 substituted ‘‘individ- uals who are deaf or hard of hearing’’ for ‘‘individuals who are deaf’’ and struck out ‘‘the provisions of’’ after ‘‘pursuant to’’. 1992—Pub. L. 102–421, § 135(a), amended section gen- erally. Prior to amendment, section read as follows: ‘‘The Secretary shall conduct monitoring and evalua- tion activities of the education programs and activities and the administrative operations of Gallaudet Univer- sity and of the National Technical Institute for the Deaf. In carrying out the responsibilities described in this section, the Secretary is authorized to employ such consultants as may be necessary pursuant to the provisions of section 3109 of title 5.’’ Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1998 AMENDMENT Amendment by Pub. L. 105–244 effective Oct. 1, 1998, except as otherwise provided in Pub. L. 105–244, see sec- tion 3 of Pub. L. 105–244, set out as a note under section 1001 of this title. EFFECTIVE DATE OF 1992 AMENDMENT Amendment by Pub. L. 102–421 effective Oct. 1, 1992, see section 161 of Pub. L. 102–421, set out as a note under section 4301 of this title. § 4356. Liaison for educational programs (a) Designation of liaison The Secretary shall designate an individual in the Office of Special Education and Rehabilita- tive Services of the Department of Education from among individuals who have experience in the education of individuals who are deaf to serve as liaison between the Department and Gallaudet University, the National Technical Institute for the Deaf, and other postsecondary educational programs for individuals who are deaf under the Individuals with Disabilities Edu- cation Act [20 U.S.C. 1400 et seq.], the Rehabili- tation Act of 1973 [29 U.S.C. 701 et seq.], and other Federal or non-Federal agencies, institu- tions, or organizations involved with the edu- cation or rehabilitation of individuals who are deaf or hard of hearing. (b) Duties of liaison The individual serving as liaison for edu- cational programs for individuals who are deaf or hard of hearing shall: (1) provide information to institutions re- garding the Department’s efforts directly af- fecting the operation of such programs by such institutions; (2) review research and other activities car- ried out by the University, NTID, and other Federal or non-Federal agencies, institutions, or organizations involved with the education or rehabilitation of individuals who are deaf or hard of hearing for the purpose of determining overlap and opportunities for coordination among such entities; and (3) provide such support and assistance as such institutions may request and the Sec- retary considers appropriate. (c) Authority of Secretary Nothing in this section may be construed to affect the authority of the Secretary under this chapter or any other Act with respect to Gal- laudet University or the National Technical In- stitute for the Deaf. (Pub. L. 99–371, title II, § 206, formerly title IV, § 406, Aug. 4, 1986, 100 Stat. 790; Pub. L. 101–476, title IX, § 901(a)(2), Oct. 30, 1990, 104 Stat. 1142; renumbered title II, § 206, and amended Pub. L. 102–421, title I, §§ 101(b)(5), (6), 136, 151(a)(4), (5), Oct. 16, 1992, 106 Stat. 2151, 2159, 2164; Pub. L. 103–73, title II, § 204(e), Aug. 11, 1993, 107 Stat. 735; Pub. L. 110–315, title IX, § 908, Aug. 14, 2008, 122 Stat. 3453.) Editorial Notes REFERENCES IN TEXT The Individuals with Disabilities Education Act, re- ferred to in subsec. (a), is title VI of Pub. L. 91–230, Apr. 13, 1970, 84 Stat. 175, which is classified generally to chapter 33 (§ 1400 et seq.) of this title. For complete classification of this Act to the Code, see section 1400 of this title and Tables. The Rehabilitation Act of 1973, referred to in subsec. (a), is Pub. L. 93–112, Sept. 26, 1973, 87 Stat. 355, which is classified generally to chapter 16 (§ 701 et seq.) of Title 29, Labor. For complete classification of this Act to the Code, see Short Title note set out under section 701 of Title 29 and Tables. AMENDMENTS 2008—Subsec. (a). Pub. L. 110–315 substituted ‘‘The’’ for ‘‘Not later than 30 days after August 4, 1986, the’’. 1993—Subsec. (b). Pub. L. 103–73, which directed amendment of subsec. (b) by inserting ‘‘or hard of hear- ing’’ after ‘‘individuals who are deaf’’, was executed by making the insertion in introductory provisions but not in par. (2) to reflect the probable intent of Con- gress. 1992—Pub. L. 102–421, § 151(a)(5), struck out ‘‘for the deaf’’ after ‘‘educational programs’’ in section catch- line. Subsec. (a). Pub. L. 102–421, § 151(a)(4), substituted ‘‘individuals who are deaf’’ for ‘‘the deaf’’ in two places. Pub. L. 102–421, § 136(1), substituted ‘‘, the Rehabilita- tion Act of 1973, and other Federal or non-Federal agen- cies, institutions, or organizations involved with the education or rehabilitation of individuals who are deaf or hard of hearing.’’ for ‘‘and the Rehabilitation Act of 1973.’’ Subsec. (b). Pub. L. 102–421, § 151(a)(4), substituted ‘‘individuals who are deaf’’ for ‘‘the deaf’’ in introduc- tory provisions. Subsec. (b)(1) to (3). Pub. L. 102–421, § 136(2), struck out ‘‘and’’ at end of par. (1), added par. (2), and redesig- nated former par. (2) as (3). 1990—Subsec. (a). Pub. L. 101–476 substituted ‘‘Individ- uals with Disabilities Education Act’’ for ‘‘Education of the Handicapped Act’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1992 AMENDMENT Amendment by Pub. L. 102–421 effective Oct. 1, 1992, see section 161 of Pub. L. 102–421, set out as a note under section 4301 of this title. EFFECTIVE DATE OF 1990 AMENDMENT Amendment by Pub. L. 101–476 effective Oct. 1, 1990, see section 1001 of Pub. L. 101–476, set out as a note under section 1087ee of this title. § 4357. Federal endowment programs for Gal- laudet University and the National Technical Institute for the Deaf (a) Establishment of programs (1) The Secretary and the Board of Trustees of Gallaudet University are authorized to establish the Gallaudet University Federal Endowment