20 U.S.C. § 1453 — Applications

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; Page 1003 TITLE 20—EDUCATION § 1454 (6) provide an assurance that the State edu- cational agency will provide technical assist- ance to entities that provide services to in- fants and toddlers with disabilities to improve the quality of professional development avail- able to meet the needs of personnel serving such children; (7) describe how the State educational agen- cy will recruit and retain teachers who meet the qualifications described in section 1412(a)(14)(C) of this title and other qualified personnel in geographic areas of greatest need; (8) describe the steps the State educational agency will take to ensure that poor and mi- nority children are not taught at higher rates by teachers who do not meet the qualifica- tions described in section 1412(a)(14)(C) of this title; and (9) describe how the State educational agen- cy will assess, on a regular basis, the extent to which the strategies implemented under this part have been effective in meeting the per- formance goals described in section 1412(a)(15) of this title. (c) Peer review (1) In general The Secretary shall use a panel of experts who are competent, by virtue of their training, expertise, or experience, to evaluate applica- tions for grants under section 1451(c)(1) of this title. (2) Composition of panel A majority of a panel described in paragraph (1) shall be composed of individuals who are not employees of the Federal Government. (3) Payment of fees and expenses of certain members The Secretary may use available funds ap- propriated to carry out this part to pay the ex- penses and fees of panel members who are not employees of the Federal Government. (d) Reporting procedures Each State educational agency that receives a grant under this part shall submit annual per- formance reports to the Secretary. The reports shall— (1) describe the progress of the State edu- cational agency in implementing its plan; (2) analyze the effectiveness of the State educational agency’s activities under this part and of the State educational agency’s strate- gies for meeting its goals under section 1412(a)(15) of this title; and (3) identify changes in the strategies used by the State educational agency and described in subsection (b)(4), if any, to improve the State educational agency’s performance. (Pub. L. 91–230, title VI, § 653, as added Pub. L. 108–446, title I, § 101, Dec. 3, 2004, 118 Stat. 2768; amended Pub. L. 114–95, title IX, §§ 9214(d)(3), 9215(ss)(7), Dec. 10, 2015, 129 Stat. 2165, 2183.) Editorial Notes REFERENCES IN TEXT The Elementary and Secondary Education Act of 1965, referred to in subsec. (a)(2)(C), is Pub. L. 89–10, Apr. 11, 1965, 79 Stat. 27, which is classified generally to chapter 70 (§ 6301 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under section 6301 of this title and Tables. The Rehabilitation Act of 1973, referred to in subsec. (a)(2)(C), 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 sec- tion 701 of Title 29 and Tables. The Higher Education Act of 1965, referred to in sub- sec. (a)(2)(C), is Pub. L. 89–329, Nov. 8, 1965, 79 Stat. 1219, which is classified generally to chapter 28 (§ 1001 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under section 1001 of this title and Tables. PRIOR PROVISIONS A prior section 1453, Pub. L. 91–230, title VI, § 653, as added Pub. L. 105–17, title I, § 101, June 4, 1997, 111 Stat. 125, related to grant applications, prior to the general amendment of subchapters I to IV of this chapter by Pub. L. 108–446. Another prior section 1453, Pub. L. 91–230, title VI, § 653, Apr. 13, 1970, 84 Stat. 187; Pub. L. 94–142, § 6(b), Nov. 29, 1975, 89 Stat. 795; Pub. L. 99–386, title II, § 204, Aug. 22, 1986, 100 Stat. 823, related to establishment and operation of centers on educational media and mate- rials for handicapped, prior to repeal by Pub. L. 99–457, title III, § 316, Oct. 8, 1986, 100 Stat. 1171. AMENDMENTS 2015—Subsec. (b)(3). Pub. L. 114–95, § 9215(ss)(7), sub- stituted ‘‘and 2101(d),’’ for ‘‘and 2112,’’. Subsec. (b)(7). Pub. L. 114–95, § 9214(d)(3)(A), sub- stituted ‘‘teachers who meet the qualifications de- scribed in section 1412(a)(14)(C) of this title’’ for ‘‘high- ly qualified teachers’’. Subsec. (b)(8). Pub. L. 114–95, § 9214(d)(3)(B), sub- stituted ‘‘teachers who do not meet the qualifications described in section 1412(a)(14)(C) of this title’’ for ‘‘teachers who are not highly qualified’’. 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. § 1454. Use of funds (a) Professional development activities A State educational agency that receives a grant under this part shall use the grant funds to support activities in accordance with the State’s plan described in section 1453 of this title, including 1 or more of the following: (1) Carrying out programs that provide sup- port to both special education and regular education teachers of children with disabil- ities and principals, such as programs that— (A) provide teacher mentoring, team teaching, reduced class schedules and case loads, and intensive professional develop- ment; (B) use standards or assessments for guid- ing beginning teachers that are consistent with challenging State academic achieve- ment standards and with the requirements for professional development, as defined in section 7801 of this title; and (C) encourage collaborative and consult- ative models of providing early intervention, special education, and related services.