20 U.S.C. § 1464 — Studies and evaluations

Page 1012 TITLE 20—EDUCATION § 1464 (e) Linking States to information sources In carrying out this section, the Secretary shall support projects that link States to tech- nical assistance resources, including special edu- cation and general education resources, and shall make research and related products avail- able through libraries, electronic networks, par- ent training projects, and other information sources, including through the activities of the National Center for Education Evaluation and Regional Assistance established under part D of the Education Sciences Reform Act of 2002 [20 U.S.C. 9561 et seq.]. (f) Applications (1) In general An eligible entity that wishes to receive a grant, or enter into a contract or cooperative agreement, under this section shall submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary may require. (2) Standards To the maximum extent feasible, each eligi- ble entity shall demonstrate that the project described in the eligible entity’s application is supported by scientifically valid research that has been carried out in accordance with the standards for the conduct and evaluation of all relevant research and development established by the National Center for Education Re- search. (3) Priority As appropriate, the Secretary shall give pri- ority to applications that propose to serve teachers and school personnel directly in the school environment. (Pub. L. 91–230, title VI, § 663, as added Pub. L. 108–446, title I, § 101, Dec. 3, 2004, 118 Stat. 2781; amended Pub. L. 114–95, title IX, § 9215(ss)(10), Dec. 10, 2015, 129 Stat. 2183.) Editorial Notes REFERENCES IN TEXT The Education Sciences Reform Act of 2002, referred to in subsec. (e), is title I of Pub. L. 107–279, Nov. 5, 2002, 116 Stat. 1941. Part D of the Act is classified generally to part D (§ 9561 et seq.) of subchapter I of chapter 76 of this title. For complete classification of this Act to the Code, see Short Title note set out under section 9501 of this title and Tables. AMENDMENTS 2015—Subsec. (b)(2). Pub. L. 114–95, which directed amendment of subsec. (b)(2) by ‘‘striking and inserting the following:’’ followed by the text of a new par. (2), was executed by substituting the new par. (2) for the existing par. (2) to reflect the probable intent of Con- gress. Prior to amendment, par. (2) read as follows: ‘‘improving the alignment, compatibility, and develop- ment of valid and reliable assessments and alternate assessments for assessing adequate yearly progress, as described under section 6311(b)(2)(B) of this title;’’. 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. § 1464. Studies and evaluations (a) Studies and evaluations (1) Delegation The Secretary shall delegate to the Director of the Institute of Education Sciences respon- sibility to carry out this section, other than subsections (d) and (f). (2) Assessment The Secretary shall, directly or through grants, contracts, or cooperative agreements awarded to eligible entities on a competitive basis, assess the progress in the implementa- tion of this chapter, including the effective- ness of State and local efforts to provide— (A) a free appropriate public education to children with disabilities; and (B) early intervention services to infants and toddlers with disabilities, and infants and toddlers who would be at risk of having substantial developmental delays if early intervention services were not provided to the infants and toddlers. (b) Assessment of national activities (1) In general The Secretary shall carry out a national as- sessment of activities carried out with Federal funds under this chapter in order— (A) to determine the effectiveness of this chapter in achieving the purposes of this chapter; (B) to provide timely information to the President, Congress, the States, local edu- cational agencies, and the public on how to implement this chapter more effectively; and (C) to provide the President and Congress with information that will be useful in de- veloping legislation to achieve the purposes of this chapter more effectively. (2) Scope of assessment The national assessment shall assess activi- ties supported under this chapter, including— (A) the implementation of programs as- sisted under this chapter and the impact of such programs on addressing the develop- mental needs of, and improving the aca- demic achievement of, children with disabil- ities to enable the children to reach chal- lenging developmental goals and challenging State academic content standards based on State academic assessments; (B) the types of programs and services that have demonstrated the greatest likelihood of helping students reach the challenging State academic content standards and develop- mental goals; (C) the implementation of the professional development activities assisted under this chapter and the impact on instruction, stu- dent academic achievement, and teacher qualifications to enhance the ability of spe- cial education teachers and regular edu- cation teachers to improve results for chil- dren with disabilities; and (D) the effectiveness of schools, local edu- cational agencies, States, other recipients of Page 1013 TITLE 20—EDUCATION § 1464 assistance under this chapter, and the Sec- retary in achieving the purposes of this chapter by— (i) improving the academic achievement of children with disabilities and their per- formance on regular statewide assess- ments as compared to nondisabled chil- dren, and the performance of children with disabilities on alternate assessments; (ii) improving the participation of chil- dren with disabilities in the general edu- cation curriculum; (iii) improving the transitions of chil- dren with disabilities at natural transition points; (iv) placing and serving children with disabilities, including minority children, in the least restrictive environment appro- priate; (v) preventing children with disabilities, especially children with emotional dis- turbances and specific learning disabil- ities, from dropping out of school; (vi) addressing the reading and literacy needs of children with disabilities; (vii) reducing the inappropriate over- identification of children, especially mi- nority and limited English proficient chil- dren, as having a disability; (viii) improving the participation of par- ents of children with disabilities in the education of their children; and (ix) resolving disagreements between education personnel and parents through alternate dispute resolution activities, in- cluding mediation. (3) Interim and final reports The Secretary shall submit to the President and Congress— (A) an interim report that summarizes the preliminary findings of the assessment not later than 3 years after December 3, 2004; and (B) a final report of the findings of the as- sessment not later than 5 years after Decem- ber 3, 2004. (c) Study on ensuring accountability for students who are held to alternative achievement standards The Secretary shall carry out a national study or studies to examine— (1) the criteria that States use to deter- mine— (A) eligibility for alternate assessments; and (B) the number and type of children who take those assessments and are held ac- countable to alternative achievement stand- ards; (2) the validity and reliability of alternate assessment instruments and procedures; (3) the alignment of alternate assessments and alternative achievement standards to State academic content standards in reading, mathematics, and science; and (4) the use and effectiveness of alternate as- sessments in appropriately measuring student progress and outcomes specific to individual- ized instructional need. (d) Annual report The Secretary shall provide an annual report to Congress that— (1) summarizes the research conducted under part E of the Education Sciences Reform Act of 2002 [20 U.S.C. 9567 et seq.]; (2) analyzes and summarizes the data re- ported by the States and the Secretary of the Interior under section 1418 of this title; (3) summarizes the studies and evaluations conducted under this section and the timeline for their completion; (4) describes the extent and progress of the assessment of national activities; and (5) describes the findings and determinations resulting from reviews of State implementa- tion of this chapter. (e) Authorized activities In carrying out this section, the Secretary may support objective studies, evaluations, and assessments, including studies that— (1) analyze measurable impact, outcomes, and results achieved by State educational agencies and local educational agencies through their activities to reform policies, procedures, and practices designed to improve educational and transitional services and re- sults for children with disabilities; (2) analyze State and local needs for profes- sional development, parent training, and other appropriate activities that can reduce the need for disciplinary actions involving chil- dren with disabilities; (3) assess educational and transitional serv- ices and results for children with disabilities from minority backgrounds, including— (A) data on— (i) the number of minority children who are referred for special education evalua- tion; (ii) the number of minority children who are receiving special education and related services and their educational or other service placement; (iii) the number of minority children who graduated from secondary programs with a regular diploma in the standard number of years; and (iv) the number of minority children who drop out of the educational system; and (B) the performance of children with dis- abilities from minority backgrounds on State assessments and other performance in- dicators established for all students; (4) measure educational and transitional services and results for children with disabil- ities served under this chapter, including lon- gitudinal studies that— (A) examine educational and transitional services and results for children with dis- abilities who are 3 through 17 years of age and are receiving special education and re- lated services under this chapter, using a na- tional, representative sample of distinct age cohorts and disability categories; and (B) examine educational results, transition services, postsecondary placement, and em- ployment status for individuals with disabil- ities, 18 through 21 years of age, who are re- ceiving or have received special education and related services under this chapter; and (5) identify and report on the placement of children with disabilities by disability cat- egory. Page 1014 TITLE 20—EDUCATION § 1465 (f) Study The Secretary shall study, and report to Con- gress regarding, the extent to which States adopt policies described in section 1435(c)(1) of this title and on the effects of those policies. (Pub. L. 91–230, title VI, § 664, as added Pub. L. 108–446, title I, § 101, Dec. 3, 2004, 118 Stat. 2783.) Editorial Notes REFERENCES IN TEXT The Education Sciences Reform Act of 2002, referred to in subsec. (d)(1), is title I of Pub. L. 107–279, Nov. 5, 2002, 116 Stat. 1941. Part E of the Act is classified gen- erally to part E (§ 9567 et seq.) of subchapter I of chap- ter 76 of this title. For complete classification of this Act to the Code, see Short Title note set out under sec- tion 9501 of this title and Tables. § 1465. Interim alternative educational settings, behavioral supports, and systemic school interventions (a) Program authorized The Secretary may award grants, and enter into contracts and cooperative agreements, to support safe learning environments that support academic achievement for all students by— (1) improving the quality of interim alter- native educational settings; and (2) providing increased behavioral supports and research-based, systemic interventions in schools. (b) Authorized activities In carrying out this section, the Secretary may support activities to— (1) establish, expand, or increase the scope of behavioral supports and systemic interven- tions by providing for effective, research-based practices, including— (A) training for school staff on early iden- tification, prereferral, and referral proce- dures; (B) training for administrators, teachers, related services personnel, behavioral spe- cialists, and other school staff in positive be- havioral interventions and supports, behav- ioral intervention planning, and classroom and student management techniques; (C) joint training for administrators, par- ents, teachers, related services personnel, behavioral specialists, and other school staff on effective strategies for positive behav- ioral interventions and behavior manage- ment strategies that focus on the prevention of behavior problems; (D) developing or implementing specific curricula, programs, or interventions aimed at addressing behavioral problems; (E) stronger linkages between school-based services and community-based resources, such as community mental health and pri- mary care providers; or (F) using behavioral specialists, related services personnel, and other staff necessary to implement behavioral supports; or (2) improve interim alternative educational settings by— (A) improving the training of administra- tors, teachers, related services personnel, be- havioral specialists, and other school staff (including ongoing mentoring of new teach- ers) in behavioral supports and interven- tions; (B) attracting and retaining a high qual- ity, diverse staff; (C) providing for referral to counseling services; (D) utilizing research-based interventions, curriculum, and practices; (E) allowing students to use instructional technology that provides individualized in- struction; (F) ensuring that the services are fully consistent with the goals of the individual student’s IEP; (G) promoting effective case management and collaboration among parents, teachers, physicians, related services personnel, be- havioral specialists, principals, administra- tors, and other school staff; (H) promoting interagency coordination and coordinated service delivery among schools, juvenile courts, child welfare agen- cies, community mental health providers, primary care providers, public recreation agencies, and community-based organiza- tions; or (I) providing for behavioral specialists to help students transitioning from interim al- ternative educational settings reintegrate into their regular classrooms. (c) Definition of eligible entity In this section, the term ‘‘eligible entity’’ means— (1) a local educational agency; or (2) a consortium consisting of a local edu- cational agency and 1 or more of the following entities: (A) Another local educational agency. (B) A community-based organization with a demonstrated record of effectiveness in helping children with disabilities who have behavioral challenges succeed. (C) An institution of higher education. (D) A community mental health provider. (E) An educational service agency. (d) Applications Any eligible entity that wishes to receive a grant, or enter into a contract or cooperative agreement, under this section shall— (1) submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary may re- quire; and (2) involve parents of participating students in the design and implementation of the ac- tivities funded under this section. (e) Report and evaluation Each eligible entity receiving a grant under this section shall prepare and submit annually to the Secretary a report on the outcomes of the activities assisted under the grant. (Pub. L. 91–230, title VI, § 665, as added Pub. L. 108–446, title I, § 101, Dec. 3, 2004, 118 Stat. 2786.) § 1466. Authorization of appropriations (a) In general There are authorized to be appropriated to carry out this part (other than section 1462 of