20 U.S.C. § 1140q — National technical assistance center; co-

Page 820 TITLE 20—EDUCATION § 1140n graph (1) may be disseminated and imple- mented on a national basis. (g) Authorized approaches An eligible partnership that receives a grant or contract under this section may use the grant or contract funds to support the development and implementation of the following: (1) Approaches for the provision of instruc- tional materials in specialized formats limited to instructional materials used in smaller cat- egories of postsecondary courses, such as in- troductory, first-, and second-year courses. (2) Approaches supporting a unified search for instructional materials in specialized for- mats across multiple databases or lists of available materials. (3) Market-based approaches for making in- structional materials in specialized formats directly available to eligible students at prices comparable to standard instructional mate- rials. (h) Report Not later than three years after the date of the first grant or contract awarded under this section, the Secretary shall submit to the au- thorizing committees a report that includes— (1) the number of grants and contracts and the amount of funds distributed under this section; (2) a summary of the purposes for which the grants and contracts were provided and an evaluation of the progress made under such grants and contracts; (3) a summary of the activities implemented under subsection (f) and, as applicable, sub- section (g), including data on the number of postsecondary students with print disabilities served and the number of instructional mate- rial requests executed and delivered in special- ized formats; and (4) an evaluation of the effectiveness of pro- grams funded under this section. (i) Model expansion The Secretary may, on the basis of the reports under subsection (h) and section 1140l(b)(2) of this title and any evaluations of the projects funded under this section, expand the program under this section to additional grant or con- tract recipients that use other programmatic approaches and serve different geographic re- gions, if the Secretary finds that the models used under this section— (1) are effective in improving the timely de- livery and quality of materials in specialized formats; and (2) provide adequate protections against copyright infringement. (Pub. L. 89–329, title VII, § 773, as added Pub. L. 110–315, title VII, § 709(2), Aug. 14, 2008, 122 Stat. 3371.) Editorial Notes PRIOR PROVISIONS A prior section 773 of Pub. L. 89–329 was classified to section 1132h–2 of this title, prior to repeal by Pub. L. 102–325. § 1140n. Rule of construction Nothing in this subpart shall be construed to limit or preempt any State law requiring the production or distribution of postsecondary in- structional materials in accessible formats to students with disabilities. (Pub. L. 89–329, title VII, § 774, as added Pub. L. 110–315, title VII, § 709(2), Aug. 14, 2008, 122 Stat. 3373.) Editorial Notes PRIOR PROVISIONS A prior section 774 of Pub. L. 89–329 was classified to section 1132h–3 of this title, prior to repeal by Pub. L. 102–325. § 1140o. Authorization of appropriations (a) In general There are authorized to be appropriated to carry out this subpart such sums as may be nec- essary for fiscal year 2009 and each of the five succeeding fiscal years. (b) Priority For the first fiscal year for which funds are made available under this section, the Secretary shall give priority to allocating funding for the purposes of section 1140l of this title. (Pub. L. 89–329, title VII, § 775, as added Pub. L. 110–315, title VII, § 709(2), Aug. 14, 2008, 122 Stat. 3373.) Editorial Notes PRIOR PROVISIONS A prior section 775 of Pub. L. 89–329 was classified to section 1132h–4 of this title, prior to repeal by Pub. L. 102–325. SUBPART 4—NATIONAL TECHNICAL ASSISTANCE CENTER; COORDINATING CENTER § 1140p. Purpose It is the purpose of this subpart to provide technical assistance and information on best and promising practices to students with dis- abilities, the families of students with disabil- ities, and entities awarded grants, contracts, or cooperative agreements under subpart 1, 2, or 3 to improve the postsecondary recruitment, tran- sition, retention, and completion rates of stu- dents with disabilities. (Pub. L. 89–329, title VII, § 776, as added Pub. L. 110–315, title VII, § 709(2), Aug. 14, 2008, 122 Stat. 3373.) Editorial Notes PRIOR PROVISIONS A prior section 776 of Pub. L. 89–329 was classified to section 1132h–5 of this title, prior to repeal by Pub. L. 102–325. § 1140q. National technical assistance center; co- ordinating center (a) National Center (1) In general From amounts appropriated under section 1140r of this title, the Secretary shall award a grant to, or enter into a contract or coopera- tive agreement with, an eligible entity to pro- Page 821 TITLE 20—EDUCATION § 1140q vide for the establishment and support of a National Center for Information and Technical Support for Postsecondary Students with Dis- abilities (in this subsection referred to as the ‘‘National Center’’). The National Center shall carry out the duties set forth in paragraph (4). (2) Administration The program under this section shall be ad- ministered by the office in the Department that administers other postsecondary edu- cation programs. (3) Eligible entity In this subpart, the term ‘‘eligible entity’’ means an institution of higher education, a nonprofit organization, or partnership of two or more such institutions or organizations, with demonstrated expertise in— (A) supporting students with disabilities in postsecondary education; (B) technical knowledge necessary for the dissemination of information in accessible formats; (C) working with diverse types of institu- tions of higher education, including commu- nity colleges; and (D) the subjects supported by the grants, contracts, or cooperative agreements au- thorized in subparts 1, 2, and 3. (4) Duties The duties of the National Center shall in- clude the following: (A) Assistance to students and families The National Center shall provide infor- mation and technical assistance to students with disabilities and the families of students with disabilities to support students across the broad spectrum of disabilities, includ- ing— (i) information to assist individuals with disabilities who are prospective students of an institution of higher education in planning for postsecondary education while the students are in secondary school; (ii) information and technical assistance provided to individualized education pro- gram teams (as defined in section 1414(d)(1) of this title) for secondary school students with disabilities, and to early outreach and student services programs, including programs authorized under subparts 2, 4, and 5 of part A of subchapter IV, to sup- port students across a broad spectrum of disabilities with the successful transition to postsecondary education; (iii) research-based supports, services, and accommodations which are available in postsecondary settings, including serv- ices provided by other agencies such as vo- cational rehabilitation; (iv) information on student mentoring and networking opportunities for students with disabilities; and (v) effective recruitment and transition programs at postsecondary educational in- stitutions. (B) Assistance to institutions of higher edu- cation The National Center shall provide infor- mation and technical assistance to faculty, staff, and administrators of institutions of higher education to improve the services provided to, the accommodations for, the re- tention rates of, and the completion rates of, students with disabilities in higher edu- cation settings, which may include— (i) collection and dissemination of best and promising practices and materials for accommodating and supporting students with disabilities, including practices and materials supported by the grants, con- tracts, or cooperative agreements author- ized under subparts 1, 2, and 3; (ii) development and provision of train- ing modules for higher education faculty on exemplary practices for accommodating and supporting postsecondary students with disabilities across a range of aca- demic fields, which may include universal design for learning and practices supported by the grants, contracts, or cooperative agreements authorized under subparts 1, 2, and 3; and (iii) development of technology-based tu- torials for higher education faculty and staff, including new faculty and graduate students, on best and promising practices related to support and retention of stu- dents with disabilities in postsecondary education. (C) Information collection and dissemination The National Center shall be responsible for building, maintaining, and updating a database of disability support services infor- mation with respect to institutions of higher education, or for expanding and updating an existing database of disabilities support services information with respect to institu- tions of higher education. Such database shall be available to the general public through a website built to high technical standards of accessibility practicable for the broad spectrum of individuals with disabil- ities. Such database and website shall in- clude available information on— (i) disability documentation require- ments; (ii) support services available; (iii) links to financial aid; (iv) accommodations policies; (v) accessible instructional materials; (vi) other topics relevant to students with disabilities; and (vii) the information in the report de- scribed in subparagraph (E). (D) Disability support services The National Center shall work with orga- nizations and individuals with proven exper- tise related to disability support services for postsecondary students with disabilities to evaluate, improve, and disseminate informa- tion related to the delivery of high quality disability support services at institutions of higher education. (E) Review and report Not later than three years after the estab- lishment of the National Center, and every two years thereafter, the National Center shall prepare and disseminate a report to the Page 822 TITLE 20—EDUCATION § 1140q Secretary and the authorizing committees analyzing the condition of postsecondary success for students with disabilities. Such report shall include— (i) a review of the activities and the ef- fectiveness of the programs authorized under this part; (ii) annual enrollment and graduation rates of students with disabilities in insti- tutions of higher education from publicly reported data; (iii) recommendations for effective post- secondary supports and services for stu- dents with disabilities, and how such sup- ports and services may be widely imple- mented at institutions of higher edu- cation; (iv) recommendations on reducing bar- riers to full participation for students with disabilities in higher education; and (v) a description of strategies with a demonstrated record of effectiveness in improving the success of such students in postsecondary education. (F) Staffing of the Center In hiring employees of the National Cen- ter, the National Center shall consider the expertise and experience of prospective em- ployees in providing training and technical assistance to practitioners. (b) Coordinating center (1) Definition of eligible entity In this subsection, the term ‘‘eligible enti- ty’’ means an entity, or a partnership of enti- ties, that has demonstrated expertise in the fields of— (A) higher education; (B) the education of students with intellec- tual disabilities; (C) the development of comprehensive transition and postsecondary programs for students with intellectual disabilities; and (D) evaluation and technical assistance. (2) In general From amounts appropriated under section 1140r of this title, the Secretary shall enter into a cooperative agreement, on a competi- tive basis, with an eligible entity for the pur- pose of establishing a coordinating center for institutions of higher education that offer in- clusive comprehensive transition and postsec- ondary programs for students with intellec- tual disabilities, including institutions par- ticipating in grants authorized under subpart 2, to provide— (A) recommendations related to the devel- opment of standards for such programs; (B) technical assistance for such programs; and (C) evaluations for such programs. (3) Administration The program under this subsection shall be administered by the office in the Department that administers other postsecondary edu- cation programs. (4) Duration The Secretary shall enter into a cooperative agreement under this subsection for a period of five years. (5) Requirements of cooperative agreement The eligible entity entering into a coopera- tive agreement under this subsection shall es- tablish and maintain a coordinating center that shall— (A) serve as the technical assistance entity for all comprehensive transition and post- secondary programs for students with intel- lectual disabilities; (B) provide technical assistance regarding the development, evaluation, and continuous improvement of such programs; (C) develop an evaluation protocol for such programs that includes qualitative and quantitative methodologies for measuring student outcomes and program strengths in the areas of academic enrichment, socializa- tion, independent living, and competitive or supported employment; (D) assist recipients of grants under sub- part 2 in efforts to award a meaningful cre- dential to students with intellectual disabil- ities upon the completion of such programs, which credential shall take into consider- ation unique State factors; (E) develop recommendations for the nec- essary components of such programs, such as— (i) academic, vocational, social, and independent living skills; (ii) evaluation of student progress; (iii) program administration and evalua- tion; (iv) student eligibility; and (v) issues regarding the equivalency of a student’s participation in such programs to semester, trimester, quarter, credit, or clock hours at an institution of higher education, as the case may be; (F) analyze possible funding streams for such programs and provide recommenda- tions regarding the funding streams; (G) develop model memoranda of agree- ment for use between or among institutions of higher education and State and local agencies providing funding for such pro- grams; (H) develop mechanisms for regular com- munication, outreach and dissemination of information about comprehensive transition and postsecondary programs for students with intellectual disabilities under subpart 2 between or among such programs and to families and prospective students; (I) host a meeting of all recipients of grants under subpart 2 not less often than once each year; and (J) convene a workgroup to develop and recommend model criteria, standards, and components of such programs as described in subparagraph (E), that are appropriate for the development of accreditation standards, which workgroup shall include— (i) an expert in higher education; (ii) an expert in special education; (iii) a disability organization that rep- resents students with intellectual disabil- ities; (iv) a representative from the National Advisory Committee on Institutional Quality and Integrity; and Page 823 TITLE 20—EDUCATION § 1141 1 So in original. Probably should be ‘‘organizations,’’. (v) a representative of a regional or na- tional accreditation agency or association. (6) Report Not later than five years after the date of the establishment of the coordinating center under this subsection, the coordinating center shall report to the Secretary, the authorizing committees, and the National Advisory Com- mittee on Institutional Quality and Integrity on the recommendations of the workgroup de- scribed in paragraph (5)(J). (Pub. L. 89–329, title VII, § 777, as added Pub. L. 110–315, title VII, § 709(2), Aug. 14, 2008, 122 Stat. 3373.) Editorial Notes PRIOR PROVISIONS A prior section 777 of Pub. L. 89–329 was classified to section 1132h–6 of this title, prior to repeal by Pub. L. 102–325. § 1140r. Authorization of appropriations There are authorized to be appropriated to carry out this subpart such sums as may be nec- essary for fiscal year 2009 and each of the five succeeding fiscal years. (Pub. L. 89–329, title VII, § 778, as added Pub. L. 110–315, title VII, § 709(2), Aug. 14, 2008, 122 Stat. 3377.) PART E—COLLEGE ACCESS CHALLENGE GRANT PROGRAM § 1141. College access challenge grant program (a) Authorization and appropriation There are authorized to be appropriated, and there are appropriated, to carry out this section $150,000,000 for each of the fiscal years 2010 through 2014. The authority to award grants under this section shall expire at the end of fis- cal year 2014. In addition to the amount author- ized and appropriated under the preceding sen- tence, there are authorized to be appropriated to carry out this section such sums as may be nec- essary for fiscal year 2009 and each of the five succeeding fiscal years. (b) Program authorized (1) Grants authorized From amounts appropriated under sub- section (a), the Secretary shall, subject to the availability of appropriations, award grants, from allotments under subsection (c), to States (and to philanthropic organization,1 as appropriate under paragraph (3)) having appli- cations approved under subsection (d), to en- able the State (or philanthropic organization) to pay the Federal share of the costs of car- rying out the activities and services described in subsection (f). (2) Federal share; non-Federal share (A) Federal share The amount of the Federal share under this section for a fiscal year shall be equal to 2⁄3 of the costs of the activities and serv- ices described in subsection (f) that are car- ried out under the grant. (B) Non-Federal share The amount of the non-Federal share under this section shall be equal to 1⁄3 of the costs of the activities and services described in subsection (f). The non-Federal share may be in cash or in-kind, and may be provided from State resources, contributions from private organizations, or both. (3) Reduction for failure to pay non-Federal share If a State fails to provide the full non-Fed- eral share required under this subsection, the Secretary shall reduce the amount of the grant payment under this section proportion- ately, and may award the proportionate reduc- tion amount of the grant directly to a philan- thropic organization, as defined in subsection (i), to carry out this section. (4) Temporary ineligibility for subsequent pay- ments (A) In general The Secretary shall determine a grantee to be temporarily ineligible to receive a grant payment under this section for a fiscal year if— (i) the grantee fails to submit an annual report pursuant to subsection (h) for the preceding fiscal year; or (ii) the Secretary determines, based on information in such annual report, that the grantee is not effectively meeting the conditions described under subsection (g) and the goals of the application under sub- section (d). (B) Reinstatement If the Secretary determines that a grantee is ineligible under subparagraph (A), the Secretary may enter into an agreement with the grantee setting forth the terms and con- ditions under which the grantee may regain eligibility to receive payments under this section. (c) Determination of allotment (1) Amount of allotment Subject to paragraph (2), in making grant payments to grantees under this section, the allotment to each grantee for a fiscal year shall be equal to the sum of— (A) the amount that bears the same rela- tion to 50 percent of the amount appro- priated under subsection (a) for such fiscal year as the number of residents in the State aged 5 through 17 who are living below the poverty line applicable to the resident’s fam- ily size (as determined under section 9902(2) of title 42) bears to the total number of such residents in all States; and (B) the amount that bears the same rela- tion to 50 percent of the amount appro- priated under subsection (a) for such fiscal year as the number of residents in the State aged 15 through 44 who are living below the poverty line applicable to the individual’s family size (as determined under section 9902(2) of title 42) bears to the total number of such residents in all States.