20 U.S.C. § 1451 — Purpose; definition of personnel; program

Page 1000 TITLE 20—EDUCATION § 1451 1 So in original. Probably should be followed by a comma. cluding universally designed technologies, into the lives of children with disabilities, par- ents of children with disabilities, school per- sonnel, and others through curricula, services, and assistive technologies. (Pub. L. 91–230, title VI, § 650, as added Pub. L. 108–446, title I, § 101, Dec. 3, 2004, 118 Stat. 2763.) Statutory Notes and Related Subsidiaries TRANSITION PROVISIONS Pub. L. 105–17, title II, § 202, June 4, 1997, 111 Stat. 156, provided that: ‘‘Notwithstanding any other provision of law, beginning on October 1, 1997, the Secretary of Edu- cation may use funds appropriated under part D of the Individuals with Disabilities Education Act [this sub- chapter] to make continuation awards for projects that were funded under section 618 [former 20 U.S.C. 1418] and parts C through G of such Act [former subchapters III to VII of this chapter] (as in effect on September 30, 1997).’’ PART A—STATE PERSONNEL DEVELOPMENT GRANTS § 1451. Purpose; definition of personnel; program authority (a) Purpose The purpose of this part is to assist State edu- cational agencies in reforming and improving their systems for personnel preparation and pro- fessional development in early intervention, educational, and transition services in order to improve results for children with disabilities. (b) Definition of personnel In this part the term ‘‘personnel’’ means spe- cial education teachers, regular education teachers, principals, administrators, related services personnel, paraprofessionals, and early intervention personnel serving infants, toddlers, preschoolers, or children with disabilities, ex- cept where a particular category of personnel, such as related services personnel, is identified. (c) Competitive grants (1) In general Except as provided in subsection (d), for any fiscal year for which the amount appropriated under section 1455 of this title, that remains after the Secretary reserves funds under sub- section (e) for the fiscal year, is less than $100,000,000, the Secretary shall award grants, on a competitive basis, to State educational agencies to carry out the activities described in the State plan submitted under section 1453 of this title. (2) Priority In awarding grants under paragraph (1), the Secretary may give priority to State edu- cational agencies that— (A) are in States with the greatest per- sonnel shortages; or (B) demonstrate the greatest difficulty meeting the requirements of section 1412(a)(14) of this title. (3) Minimum amount The Secretary shall make a grant to each State educational agency selected under para- graph (1) in an amount for each fiscal year that is— (A) not less than $500,000, nor more than $4,000,000, in the case of the 50 States, the District of Columbia, and the Common- wealth of Puerto Rico; and (B) not less than $80,000 in the case of an outlying area. (4) Increase in amount The Secretary may increase the amounts of grants under paragraph (4) to account for in- flation. (5) Factors The Secretary shall determine the amount of a grant under paragraph (1) after consid- ering— (A) the amount of funds available for mak- ing the grants; (B) the relative population of the State or outlying area; (C) the types of activities proposed by the State or outlying area; (D) the alignment of proposed activities with section 1412(a)(14) of this title; (E) the alignment of proposed activities with the State plans and applications sub- mitted under sections 6311 and 6611(d) 1 re- spectively, of this title; and (F) the use, as appropriate, of scientif- ically based research activities. (d) Formula grants (1) In general Except as provided in paragraphs (2) and (3), for the first fiscal year for which the amount appropriated under section 1455 of this title, that remains after the Secretary reserves funds under subsection (e) for the fiscal year, is equal to or greater than $100,000,000, and for each fiscal year thereafter, the Secretary shall allot to each State educational agency, whose application meets the requirements of this part, an amount that bears the same relation to the amount remaining as the amount the State received under section 1411(d) of this title for that fiscal year bears to the amount of funds received by all States (whose applica- tions meet the requirements of this part) under section 1411(d) of this title for that fis- cal year. (2) Minimum allotments for States that re- ceived competitive grants (A) In general The amount allotted under this subsection to any State educational agency that re- ceived a competitive multi-year grant under subsection (c) for which the grant period has not expired shall be not less than the amount specified for that fiscal year in the State educational agency’s grant award doc- ument under that subsection. (B) Special rule Each such State educational agency shall use the minimum amount described in sub- paragraph (A) for the activities described in the State educational agency’s competitive grant award document for that year, unless the Secretary approves a request from the 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.