20 U.S.C. § 1419 — Preschool grants

Page 983 TITLE 20—EDUCATION § 1419 English proficiency status, gender, and dis- ability category, of children with disabilities, including suspensions of 1 day or more. (E) The number and percentage of children with disabilities who are removed to alter- native educational settings or expelled as compared to children without disabilities who are removed to alternative educational set- tings or expelled. (F) The number of due process complaints filed under section 1415 of this title and the number of hearings conducted. (G) The number of hearings requested under section 1415(k) of this title and the number of changes in placements ordered as a result of those hearings. (H) The number of mediations held and the number of settlement agreements reached through such mediations. (2) The number and percentage of infants and toddlers, by race, and ethnicity, who are at risk of having substantial developmental delays (as defined in section 1432 of this title), and who are receiving early intervention serv- ices under subchapter III. (3) Any other information that may be re- quired by the Secretary. (b) Data reporting (1) Protection of identifiable data The data described in subsection (a) shall be publicly reported by each State in a manner that does not result in the disclosure of data identifiable to individual children. (2) Sampling The Secretary may permit States and the Secretary of the Interior to obtain the data described in subsection (a) through sampling. (c) Technical assistance The Secretary may provide technical assist- ance to States to ensure compliance with the data collection and reporting requirements under this chapter. (d) Disproportionality (1) In general Each State that receives assistance under this subchapter, and the Secretary of the Inte- rior, shall provide for the collection and exam- ination of data to determine if significant disproportionality based on race and ethnicity is occurring in the State and the local edu- cational agencies of the State with respect to— (A) the identification of children as chil- dren with disabilities, including the identi- fication of children as children with disabil- ities in accordance with a particular impair- ment described in section 1401(3) of this title; (B) the placement in particular edu- cational settings of such children; and (C) the incidence, duration, and type of disciplinary actions, including suspensions and expulsions. (2) Review and revision of policies, practices, and procedures In the case of a determination of significant disproportionality with respect to the identi- fication of children as children with disabil- ities, or the placement in particular edu- cational settings of such children, in accord- ance with paragraph (1), the State or the Sec- retary of the Interior, as the case may be, shall— (A) provide for the review and, if appro- priate, revision of the policies, procedures, and practices used in such identification or placement to ensure that such policies, pro- cedures, and practices comply with the re- quirements of this chapter; (B) require any local educational agency identified under paragraph (1) to reserve the maximum amount of funds under section 1413(f) of this title to provide comprehensive coordinated early intervening services to serve children in the local educational agen- cy, particularly children in those groups that were significantly overidentified under paragraph (1); and (C) require the local educational agency to publicly report on the revision of policies, practices, and procedures described under subparagraph (A). (Pub. L. 91–230, title VI, § 618, as added Pub. L. 108–446, title I, § 101, Dec. 3, 2004, 118 Stat. 2738.) Editorial Notes PRIOR PROVISIONS A prior section 1418, Pub. L. 91–230, title VI, § 618, as added Pub. L. 105–17, title I, § 101, June 4, 1997, 111 Stat. 101, related to program information, prior to the gen- eral amendment of subchapters I to IV of this chapter by Pub. L. 108–446. Another prior section 1418, Pub. L. 91–230, title VI, § 618, as added Pub. L. 94–142, § 5(a), Nov. 29, 1975, 89 Stat. 791; amended Pub. L. 98–199, §§ 3(b), 8, Dec. 2, 1983, 97 Stat. 1358, 1360; Pub. L. 99–457, title IV, § 406, Oct. 8, 1986, 100 Stat. 1174; Pub. L. 100–630, title I, § 102(h), Nov. 7, 1988, 102 Stat. 3295; Pub. L. 101–476, title II, § 203, Oct. 30, 1990, 104 Stat. 1112, related to evaluation and pro- gram information, prior to the general amendment of subchapters I to IV of this chapter by Pub. L. 105–17. § 1419. Preschool grants (a) In general The Secretary shall provide grants under this section to assist States to provide special edu- cation and related services, in accordance with this subchapter— (1) to children with disabilities aged 3 through 5, inclusive; and (2) at the State’s discretion, to 2-year-old children with disabilities who will turn 3 dur- ing the school year. (b) Eligibility A State shall be eligible for a grant under this section if such State— (1) is eligible under section 1412 of this title to receive a grant under this subchapter; and (2) makes a free appropriate public edu- cation available to all children with disabil- ities, aged 3 through 5, residing in the State. (c) Allocations to States (1) In general The Secretary shall allocate the amount made available to carry out this section for a fiscal year among the States in accordance with paragraph (2) or (3), as the case may be. Page 984 TITLE 20—EDUCATION § 1419 (2) Increase in funds If the amount available for allocations to States under paragraph (1) for a fiscal year is equal to or greater than the amount allocated to the States under this section for the pre- ceding fiscal year, those allocations shall be calculated as follows: (A) Allocation (i) In general Except as provided in subparagraph (B), the Secretary shall— (I) allocate to each State the amount the State received under this section for fiscal year 1997; (II) allocate 85 percent of any remain- ing funds to States on the basis of the States’ relative populations of children aged 3 through 5; and (III) allocate 15 percent of those re- maining funds to States on the basis of the States’ relative populations of all children aged 3 through 5 who are living in poverty. (ii) Data For the purpose of making grants under this paragraph, the Secretary shall use the most recent population data, including data on children living in poverty, that are available and satisfactory to the Sec- retary. (B) Limitations Notwithstanding subparagraph (A), alloca- tions under this paragraph shall be subject to the following: (i) Preceding years No State’s allocation shall be less than its allocation under this section for the preceding fiscal year. (ii) Minimum No State’s allocation shall be less than the greatest of— (I) the sum of— (aa) the amount the State received under this section for fiscal year 1997; and (bb) 1⁄3 of 1 percent of the amount by which the amount appropriated under subsection (j) for the fiscal year ex- ceeds the amount appropriated for this section for fiscal year 1997; (II) the sum of— (aa) the amount the State received under this section for the preceding fiscal year; and (bb) that amount multiplied by the percentage by which the increase in the funds appropriated under this sec- tion from the preceding fiscal year ex- ceeds 1.5 percent; or (III) the sum of— (aa) the amount the State received under this section for the preceding fiscal year; and (bb) that amount multiplied by 90 percent of the percentage increase in the amount appropriated under this section from the preceding fiscal year. (iii) Maximum Notwithstanding clause (ii), no State’s allocation under this paragraph shall ex- ceed the sum of— (I) the amount the State received under this section for the preceding fis- cal year; and (II) that amount multiplied by the sum of 1.5 percent and the percentage in- crease in the amount appropriated under this section from the preceding fiscal year. (C) Ratable reductions If the amount available for allocations under this paragraph is insufficient to pay those allocations in full, those allocations shall be ratably reduced, subject to subpara- graph (B)(i). (3) Decrease in funds If the amount available for allocations to States under paragraph (1) for a fiscal year is less than the amount allocated to the States under this section for the preceding fiscal year, those allocations shall be calculated as follows: (A) Allocations If the amount available for allocations is greater than the amount allocated to the States for fiscal year 1997, each State shall be allocated the sum of— (i) the amount the State received under this section for fiscal year 1997; and (ii) an amount that bears the same rela- tion to any remaining funds as the in- crease the State received under this sec- tion for the preceding fiscal year over fis- cal year 1997 bears to the total of all such increases for all States. (B) Ratable reductions If the amount available for allocations is equal to or less than the amount allocated to the States for fiscal year 1997, each State shall be allocated the amount the State re- ceived for fiscal year 1997, ratably reduced, if necessary. (d) Reservation for State activities (1) In general Each State may reserve not more than the amount described in paragraph (2) for adminis- tration and other State-level activities in ac- cordance with subsections (e) and (f). (2) Amount described For each fiscal year, the Secretary shall de- termine and report to the State educational agency an amount that is 25 percent of the amount the State received under this section for fiscal year 1997, cumulatively adjusted by the Secretary for each succeeding fiscal year by the lesser of— (A) the percentage increase, if any, from the preceding fiscal year in the State’s allo- cation under this section; or (B) the percentage increase, if any, from the preceding fiscal year in the Consumer Price Index For All Urban Consumers pub- lished by the Bureau of Labor Statistics of the Department of Labor. Page 985 TITLE 20—EDUCATION § 1419 (e) State administration (1) In general For the purpose of administering this sec- tion (including the coordination of activities under this subchapter with, and providing technical assistance to, other programs that provide services to children with disabilities) a State may use not more than 20 percent of the maximum amount the State may reserve under subsection (d) for any fiscal year. (2) Administration of subchapter III Funds described in paragraph (1) may also be used for the administration of subchapter III. (f) Other State-level activities Each State shall use any funds the State re- serves under subsection (d) and does not use for administration under subsection (e)— (1) for support services (including estab- lishing and implementing the mediation proc- ess required by section 1415(e) of this title), which may benefit children with disabilities younger than 3 or older than 5 as long as those services also benefit children with disabilities aged 3 through 5; (2) for direct services for children eligible for services under this section; (3) for activities at the State and local levels to meet the performance goals established by the State under section 1412(a)(15) of this title; (4) to supplement other funds used to de- velop and implement a statewide coordinated services system designed to improve results for children and families, including children with disabilities and their families, but not more than 1 percent of the amount received by the State under this section for a fiscal year; (5) to provide early intervention services (which shall include an educational compo- nent that promotes school readiness and incor- porates preliteracy, language, and numeracy skills) in accordance with subchapter III to children with disabilities who are eligible for services under this section and who previously received services under subchapter III until such children enter, or are eligible under State law to enter, kindergarten; or (6) at the State’s discretion, to continue service coordination or case management for families who receive services under subchapter III. (g) Subgrants to local educational agencies (1) Subgrants required Each State that receives a grant under this section for any fiscal year shall distribute all of the grant funds that the State does not re- serve under subsection (d) to local educational agencies in the State that have established their eligibility under section 1413 of this title, as follows: (A) Base payments The State shall first award each local edu- cational agency described in paragraph (1) the amount that agency would have received under this section for fiscal year 1997 if the State had distributed 75 percent of its grant for that year under section 1419(c)(3) of this title, as such section was then in effect. (B) Allocation of remaining funds After making allocations under subpara- graph (A), the State shall— (i) allocate 85 percent of any remaining funds to those local educational agencies on the basis of the relative numbers of children enrolled in public and private ele- mentary schools and secondary schools within the local educational agency’s ju- risdiction; and (ii) allocate 15 percent of those remain- ing funds to those local educational agen- cies in accordance with their relative num- bers of children living in poverty, as deter- mined by the State educational agency. (2) Reallocation of funds If a State educational agency determines that a local educational agency is adequately providing a free appropriate public education to all children with disabilities aged 3 through 5 residing in the area served by the local edu- cational agency with State and local funds, the State educational agency may reallocate any portion of the funds under this section that are not needed by that local educational agency to provide a free appropriate public education to other local educational agencies in the State that are not adequately providing special education and related services to all children with disabilities aged 3 through 5 re- siding in the areas the other local educational agencies serve. (h) Subchapter III inapplicable Subchapter III does not apply to any child with a disability receiving a free appropriate public education, in accordance with this sub- chapter, with funds received under this section. (i) State defined In this section, the term ‘‘State’’ means each of the 50 States, the District of Columbia, and the Commonwealth of Puerto Rico. (j) Authorization of appropriations There are authorized to be appropriated to carry out this section such sums as may be nec- essary. (Pub. L. 91–230, title VI, § 619, as added Pub. L. 108–446, title I, § 101, Dec. 3, 2004, 118 Stat. 2740.) Editorial Notes PRIOR PROVISIONS A prior section 1419, Pub. L. 91–230, title VI, § 619, as added Pub. L. 105–17, title I, § 101, June 4, 1997, 111 Stat. 102, related to preschool grants, prior to the general amendment of subchapters I to IV of this chapter by Pub. L. 108–446. Another prior section 1419, Pub. L. 91–230, title VI, § 619, as added Pub. L. 94–142, § 5(a), Nov. 29, 1975, 89 Stat. 793; amended Pub. L. 98–199, §§ 3(b), 9, Dec. 2, 1983, 97 Stat. 1358, 1363; Pub. L. 99–457, title II, § 201(a), Oct. 8, 1986, 100 Stat. 1155; Pub. L. 100–630, title I, § 102(i), Nov. 7, 1988, 102 Stat. 3296; Pub. L. 101–476, title IX, § 901(b)(79)–(93), Oct. 30, 1990, 104 Stat. 1145, 1146; Pub. L. 102–119, §§ 7, 25(b), Oct. 7, 1991, 105 Stat. 591, 607, related to preschool grants, prior to the general amendment of subchapters I to IV of this chapter by Pub. L. 105–17. A prior section 1420, Pub. L. 91–230, title VI, § 620, as added Pub. L. 94–142, § 5(a), Nov. 29, 1975, 89 Stat. 793; amended Pub. L. 98–199, § 3(b), Dec. 2, 1983, 97 Stat. 1358, which related to payments to States and distribution Page 986 TITLE 20—EDUCATION § 1431 by States to local educational agencies and inter- mediate educational units, was omitted in the general amendment of subchapters I to IV of this chapter by Pub. L. 105–17. Prior sections 1421 to 1427, which comprised former subchapter III of this chapter, were repealed by Pub. L. 105–17, title II, § 203(c), June 4, 1997, 111 Stat. 157, effec- tive Oct. 1, 1997. Section 1421, Pub. L. 91–230, title VI, § 621, Apr. 13, 1970, 84 Stat. 181; Pub. L. 98–199, §§ 3(b), 10, Dec. 2, 1983, 97 Stat. 1358, 1363; Pub. L. 99–457, title III, § 301, Oct. 8, 1986, 100 Stat. 1159; Pub. L. 100–630, title I, § 103(b), Nov. 7, 1988, 102 Stat. 3296; Pub. L. 101–476, title III, § 301, title IX, § 901(b)(95)–(99), Oct. 30, 1990, 104 Stat. 1117, 1146; Pub. L. 102–119, § 25(b), Oct. 7, 1991, 105 Stat. 607, related to establishment and operation of regional and Federal resource centers. Section 1422, Pub. L. 91–230, title VI, § 622, Apr. 13, 1970, 84 Stat. 182; Pub. L. 98–199, §§ 3(b), 10, Dec. 2, 1983, 97 Stat. 1358, 1364; Pub. L. 99–457, title III, § 302, Oct. 8, 1986, 100 Stat. 1160; Pub. L. 100–630, title I, § 103(c), Nov. 7, 1988, 102 Stat. 3297; Pub. L. 101–476, title III, § 302, Oct. 30, 1990, 104 Stat. 1118; Pub. L. 102–119, § 25(a)(8), Oct. 7, 1991, 105 Stat. 606; Pub. L. 103–382, title III, § 391(f)(3), Oct. 20, 1994, 108 Stat. 4023, related to services for deaf- blind children and youth. Section 1423, Pub. L. 91–230, title VI, § 623, Apr. 13, 1970, 84 Stat. 183; Pub. L. 98–199, §§ 3(b), 10, Dec. 2, 1983, 97 Stat. 1358, 1365; Pub. L. 99–457, title III, § 303, Oct. 8, 1986, 100 Stat. 1161; Pub. L. 100–630, title I, § 103(d), Nov. 7, 1988, 102 Stat. 3297; Pub. L. 101–476, title III, § 303, title IX, § 901(b)(100)–(106), Oct. 30, 1990, 104 Stat. 1121, 1146, 1147; Pub. L. 102–119, §§ 8, 25(a)(9), (b), Oct. 7, 1991, 105 Stat. 592, 606, 607, related to early education for chil- dren with disabilities. Section 1424, Pub. L. 91–230, title VI, § 624, Apr. 13, 1970, 84 Stat. 183; Pub. L. 98–199, §§ 3(b), 10, Dec. 2, 1983, 97 Stat. 1358, 1366; Pub. L. 99–457, title III, § 304, Oct. 8, 1986, 100 Stat. 1162; Pub. L. 100–630, title I, § 103(e), Nov. 7, 1988, 102 Stat. 3297; Pub. L. 101–476, title III, § 304, title IX, § 901(b)(107)–(110), Oct. 30, 1990, 104 Stat. 1122, 1147; Pub. L. 102–119, § 25(a)(10), (b), Oct. 7, 1991, 105 Stat. 606, 607, related to programs for children with severe dis- abilities. Section 1424a, Pub. L. 91–230, title VI, § 625, as added Pub. L. 93–380, title VI, § 616, Aug. 21, 1974, 88 Stat. 584; amended Pub. L. 98–199, §§ 3(b), 10, Dec. 2, 1983, 97 Stat. 1358, 1367; Pub. L. 99–457, title III, § 305, Oct. 8, 1986, 100 Stat. 1162; Pub. L. 100–630, title I, § 103(f), Nov. 7, 1988, 102 Stat. 3297; Pub. L. 101–476, title III, § 305, title IX, § 901(b)(111)–(118), Oct. 30, 1990, 104 Stat. 1123, 1147; Pub. L. 102–119, § 25(b), Oct. 7, 1991, 105 Stat. 607; Pub. L. 102–421, title II, § 201(a), Oct. 16, 1992, 106 Stat. 2164, re- lated to programs of postsecondary, vocational, tech- nical, continuing, or adult education for individuals with disabilities. Section 1425, Pub. L. 91–230, title VI, § 626, formerly § 625, Apr. 13, 1970, 84 Stat. 183, renumbered § 626, Pub. L. 93–380, title VI, § 616, Aug. 21, 1974, 88 Stat. 584; amended Pub. L. 98–199, §§ 3(b), 10, Dec. 2, 1983, 97 Stat. 1358, 1367; Pub. L. 99–457, title III, § 306, Oct. 8, 1986, 100 Stat. 1163; Pub. L. 100–630, title I, § 103(g), Nov. 7, 1988, 102 Stat. 3298; Pub. L. 101–476, title III, § 306, title IX, § 901(b)(119)–(127), Oct. 30, 1990, 104 Stat. 1124, 1147, 1148; Pub. L. 102–119, § 25(a)(11), (b), Oct. 7, 1991, 105 Stat. 606, 607, related to secondary education and transitional services for youth with disabilities. Section 1426, Pub. L. 91–230, title VI, § 627, formerly § 626, Apr. 13, 1970, 84 Stat. 184, renumbered § 627 and amended Pub. L. 93–380, title VI, §§ 616, 617, Aug. 21, 1974, 88 Stat. 584; Pub. L. 95–49, § 2, June 17, 1977, 91 Stat. 230; Pub. L. 98–199, § 10, Dec. 2, 1983, 97 Stat. 1368; Pub. L. 101–476, title III, § 307, Oct. 30, 1990, 104 Stat. 1127, re- lated to programs for children and youth with serious emotional disturbance. Section 1427, Pub. L. 91–230, title VI, § 628, as added Pub. L. 98–199, § 10, Dec. 2, 1983, 97 Stat. 1368; amended Pub. L. 99–457, title III, § 307, Oct. 8, 1986, 100 Stat. 1165; Pub. L. 101–476, title III, § 308, Oct. 30, 1990, 104 Stat. 1128, authorized appropriations. Statutory Notes and Related Subsidiaries PRESCHOOL GRANTS Pub. L. 100–630, title I, § 110, Nov. 7, 1988, 102 Stat. 3303, as amended by Pub. L. 101–476, title IX, § 901(a)(3), Oct. 30, 1990, 104 Stat. 1142, provided that: ‘‘The provi- sions of section 300.300(b)(3) of title 34, Code of Federal Regulations, shall not apply with respect to children aged 3 through 5, inclusive, in any State for any fiscal year for which the State receives a grant under section 619(a)(1) of the Individuals with Disabilities Education Act [20 U.S.C. 1419(a)(1)].’’ SUBCHAPTER III—INFANTS AND TODDLERS WITH DISABILITIES § 1431. Findings and policy (a) Findings Congress finds that there is an urgent and sub- stantial need— (1) to enhance the development of infants and toddlers with disabilities, to minimize their potential for developmental delay, and to recognize the significant brain development that occurs during a child’s first 3 years of life; (2) to reduce the educational costs to our so- ciety, including our Nation’s schools, by mini- mizing the need for special education and re- lated services after infants and toddlers with disabilities reach school age; (3) to maximize the potential for individuals with disabilities to live independently in soci- ety; (4) to enhance the capacity of families to meet the special needs of their infants and toddlers with disabilities; and (5) to enhance the capacity of State and local agencies and service providers to iden- tify, evaluate, and meet the needs of all chil- dren, particularly minority, low-income, inner city, and rural children, and infants and tod- dlers in foster care. (b) Policy It is the policy of the United States to provide financial assistance to States— (1) to develop and implement a statewide, comprehensive, coordinated, multidisci- plinary, interagency system that provides early intervention services for infants and tod- dlers with disabilities and their families; (2) to facilitate the coordination of payment for early intervention services from Federal, State, local, and private sources (including public and private insurance coverage); (3) to enhance State capacity to provide quality early intervention services and expand and improve existing early intervention serv- ices being provided to infants and toddlers with disabilities and their families; and (4) to encourage States to expand opportuni- ties for children under 3 years of age who would be at risk of having substantial develop- mental delay if they did not receive early intervention services. (Pub. L. 91–230, title VI, § 631, as added Pub. L. 108–446, title I, § 101, Dec. 3, 2004, 118 Stat. 2744.) Editorial Notes PRIOR PROVISIONS A prior section 1431, Pub. L. 91–230, title VI, § 631, as added Pub. L. 105–17, title I, § 101, June 4, 1997, 111 Stat.