20 U.S.C. § 1411 — Authorization; allotment; use of funds; au-

Page 938 TITLE 20—EDUCATION § 1409 (3) improving positive outcomes for children with disabilities; (4) promoting collaboration between IEP Team members; and (5) ensuring satisfaction of family members. (Pub. L. 91–230, title VI, § 609, as added Pub. L. 108–446, title I, § 101, Dec. 3, 2004, 118 Stat. 2661.) Editorial Notes PRIOR PROVISIONS A prior section 1408, Pub. L. 91–230, title VI, § 609, as added Pub. L. 99–457, title II, § 202, Oct. 8, 1986, 100 Stat. 1158, related to eligibility for financial assistance, prior to the general amendment of subchapters I to IV of this chapter by Pub. L. 105–17. § 1409. Freely associated States The Republic of the Marshall Islands, the Fed- erated States of Micronesia, and the Republic of Palau shall continue to be eligible for competi- tive grants administered by the Secretary under this chapter to the extent that such grants con- tinue to be available to States and local edu- cational agencies under this chapter. (Pub. L. 91–230, title VI, § 610, as added Pub. L. 108–446, title I, § 101, Dec. 3, 2004, 118 Stat. 2662.) Editorial Notes PRIOR PROVISIONS A prior section 1409, Pub. L. 91–230, title VI, § 610, as added Pub. L. 101–476, title I, § 104, Oct. 30, 1990, 104 Stat. 1106, provided administrative provisions applicable to former subchapters III to VII of this chapter and former section 1418 of this title, prior to the general amendment of subchapters I to IV of this chapter by Pub. L. 105–17. SUBCHAPTER II—ASSISTANCE FOR EDU- CATION OF ALL CHILDREN WITH DIS- ABILITIES § 1411. Authorization; allotment; use of funds; au- thorization of appropriations (a) Grants to States (1) Purpose of grants The Secretary shall make grants to States, outlying areas, and freely associated States, and provide funds to the Secretary of the Inte- rior, to assist them to provide special edu- cation and related services to children with disabilities in accordance with this sub- chapter. (2) Maximum amount The maximum amount of the grant a State may receive under this section— (A) for fiscal years 2005 and 2006 is— (i) the number of children with disabil- ities in the State who are receiving special education and related services— (I) aged 3 through 5 if the State is eli- gible for a grant under section 1419 of this title; and (II) aged 6 through 21; multiplied by (ii) 40 percent of the average per-pupil expenditure in public elementary schools and secondary schools in the United States; and (B) for fiscal year 2007 and subsequent fis- cal years is— (i) the number of children with disabil- ities in the 2004–2005 school year in the State who received special education and related services— (I) aged 3 through 5 if the State is eli- gible for a grant under section 1419 of this title; and (II) aged 6 through 21; multiplied by (ii) 40 percent of the average per-pupil expenditure in public elementary schools and secondary schools in the United States; adjusted by (iii) the rate of annual change in the sum of— (I) 85 percent of such State’s popu- lation described in subsection (d)(3)(A)(i)(II); and (II) 15 percent of such State’s popu- lation described in subsection (d)(3)(A)(i)(III). (b) Outlying areas and freely associated States; Secretary of the Interior (1) Outlying areas and freely associated States (A) Funds reserved From the amount appropriated for any fis- cal year under subsection (i), the Secretary shall reserve not more than 1 percent, which shall be used as follows: (i) To provide assistance to the outlying areas in accordance with their respective populations of individuals aged 3 through 21. (ii)(I) To provide each freely associated State a grant so that no freely associated State receives a lesser share of the total funds reserved for the freely associated State than the freely associated State re- ceived of those funds for fiscal year 2023. (II) Each freely associated State shall es- tablish its eligibility under this subpara- graph consistent with the requirements for a State under section 1412 of this title. (III) The funds provided to each freely associated State under this subchapter may be used to provide, to each infant or toddler with a disability (as defined in sec- tion 1432 of this title), either a free appro- priate public education, consistent with section 1412 of this title, or early interven- tion services consistent with subchapter III, notwithstanding the application and eligibility requirements of sections 1431(2), 1435, and 1437 of this title. (B) Special rule The provisions of Public Law 95–134, per- mitting the consolidation of grants by the outlying areas, shall not apply to funds pro- vided to the outlying areas or the freely as- sociated States under this section. (C) Definition In this paragraph, the term ‘‘freely associ- ated States’’ means the Republic of the Mar- shall Islands, the Federated States of Micro- nesia, and the Republic of Palau. (2) Secretary of the Interior From the amount appropriated for any fiscal year under subsection (i), the Secretary shall Page 939 TITLE 20—EDUCATION § 1411 reserve 1.226 percent to provide assistance to the Secretary of the Interior in accordance with subsection (h). (c) Technical assistance (1) In general The Secretary may reserve not more than 1⁄2 of 1 percent of the amounts appropriated under this subchapter for each fiscal year to provide technical assistance activities authorized under section 1416(i) of this title. (2) Maximum amount The maximum amount the Secretary may reserve under paragraph (1) for any fiscal year is $25,000,000, cumulatively adjusted by the rate of inflation as measured by the percent- age increase, if any, from the preceding fiscal year in the Consumer Price Index For All Urban Consumers, published by the Bureau of Labor Statistics of the Department of Labor. (d) Allocations to States (1) In general After reserving funds for technical assist- ance, and for payments to the outlying areas, the freely associated States, and the Secretary of the Interior under subsections (b) and (c) for a fiscal year, the Secretary shall allocate the remaining amount among the States in ac- cordance with this subsection. (2) Special rule for use of fiscal year 1999 amount If a State received any funds under this sec- tion for fiscal year 1999 on the basis of chil- dren aged 3 through 5, but does not make a free appropriate public education available to all children with disabilities aged 3 through 5 in the State in any subsequent fiscal year, the Secretary shall compute the State’s amount for fiscal year 1999, solely for the purpose of calculating the State’s allocation in that sub- sequent year under paragraph (3) or (4), by subtracting the amount allocated to the State for fiscal year 1999 on the basis of those chil- dren. (3) 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 paragraph for the pre- ceding fiscal year, those allocations shall be calculated as follows: (A) Allocation of increase (i) In general Except as provided in subparagraph (B), the Secretary shall allocate for the fiscal year— (I) to each State the amount the State received under this section for fiscal year 1999; (II) 85 percent of any remaining funds to States on the basis of the States’ rel- ative populations of children aged 3 through 21 who are of the same age as children with disabilities for whom the State ensures the availability of a free appropriate public education under this subchapter; and (III) 15 percent of those remaining funds to States on the basis of the States’ relative populations of children described in subclause (II) 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 year allocation 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 1999; and (bb) 1⁄3 of 1 percent of the amount by which the amount appropriated under subsection (i) for the fiscal year ex- ceeds the amount appropriated for this section for fiscal year 1999; (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 for this section from the preceding fiscal year exceeds 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 for this sec- tion 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 reduction 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). Page 940 TITLE 20—EDUCATION § 1411 (4) 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) Amounts greater than fiscal year 1999 al- locations If the amount available for allocations is greater than the amount allocated to the States for fiscal year 1999, each State shall be allocated the sum of— (i) the amount the State received under this section for fiscal year 1999; 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 1999 bears to the total of all such increases for all States. (B) Amounts equal to or less than fiscal year 1999 allocations (i) In general If the amount available for allocations under this paragraph is equal to or less than the amount allocated to the States for fiscal year 1999, each State shall be al- located the amount the State received for fiscal year 1999. (ii) Ratable reduction If the amount available for allocations under this paragraph is insufficient to make the allocations described in clause (i), those allocations shall be ratably re- duced. (e) State-level activities (1) State administration (A) In general For the purpose of administering this sub- chapter, including paragraph (3), section 1419 of this title, and the coordination of activi- ties under this subchapter with, and pro- viding technical assistance to, other pro- grams that provide services to children with disabilities— (i) each State may reserve for each fiscal year not more than the maximum amount the State was eligible to reserve for State administration under this section for fis- cal year 2004 or $800,000 (adjusted in ac- cordance with subparagraph (B)), which- ever is greater; and (ii) each outlying area may reserve for each fiscal year not more than 5 percent of the amount the outlying area receives under subsection (b)(1) for the fiscal year or $35,000, whichever is greater. (B) Cumulative annual adjustments For each fiscal year beginning with fiscal year 2005, the Secretary shall cumulatively adjust— (i) the maximum amount the State was eligible to reserve for State administra- tion under this subchapter for fiscal year 2004; and (ii) $800,000, by the rate of inflation as measured by the percentage increase, if any, from the pre- ceding fiscal year in the Consumer Price Index For All Urban Consumers, published by the Bureau of Labor Statistics of the De- partment of Labor. (C) Certification Prior to expenditure of funds under this paragraph, the State shall certify to the Secretary that the arrangements to estab- lish responsibility for services pursuant to section 1412(a)(12)(A) of this title are cur- rent. (D) Subchapter III Funds reserved under subparagraph (A) may be used for the administration of sub- chapter III, if the State educational agency is the lead agency for the State under such subchapter. (2) Other State-level activities (A) State-level activities (i) In general Except as provided in clause (iii), for the purpose of carrying out State-level activi- ties, each State may reserve for each of the fiscal years 2005 and 2006 not more than 10 percent from the amount of the State’s allocation under subsection (d) for each of the fiscal years 2005 and 2006, re- spectively. For fiscal year 2007 and each subsequent fiscal year, the State may re- serve the maximum amount the State was eligible to reserve under the preceding sen- tence for fiscal year 2006 (cumulatively ad- justed by the rate of inflation as measured by 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). (ii) Small State adjustment Notwithstanding clause (i) and except as provided in clause (iii), in the case of a State for which the maximum amount re- served for State administration is not greater than $850,000, the State may re- serve for the purpose of carrying out State-level activities for each of the fiscal years 2005 and 2006, not more than 10.5 per- cent from the amount of the State’s allo- cation under subsection (d) for each of the fiscal years 2005 and 2006, respectively. For fiscal year 2007 and each subsequent fiscal year, such State may reserve the max- imum amount the State was eligible to re- serve under the preceding sentence for fis- cal year 2006 (cumulatively adjusted by the rate of inflation as measured by the per- centage increase, if any, from the pre- ceding fiscal year in the Consumer Price Index For All Urban Consumers, published by the Bureau of Labor Statistics of the Department of Labor). (iii) Exception If a State does not reserve funds under paragraph (3) for a fiscal year, then— Page 941 TITLE 20—EDUCATION § 1411 (I) in the case of a State that is not de- scribed in clause (ii), for fiscal year 2005 or 2006, clause (i) shall be applied by sub- stituting ‘‘9.0 percent’’ for ‘‘10 percent’’; and (II) in the case of a State that is de- scribed in clause (ii), for fiscal year 2005 or 2006, clause (ii) shall be applied by substituting ‘‘9.5 percent’’ for ‘‘10.5 per- cent’’. (B) Required activities Funds reserved under subparagraph (A) shall be used to carry out the following ac- tivities: (i) For monitoring, enforcement, and complaint investigation. (ii) To establish and implement the me- diation process required by section 1415(e) of this title, including providing for the cost of mediators and support personnel. (C) Authorized activities Funds reserved under subparagraph (A) may be used to carry out the following ac- tivities: (i) For support and direct services, in- cluding technical assistance, personnel preparation, and professional development and training. (ii) To support paperwork reduction ac- tivities, including expanding the use of technology in the IEP process. (iii) To assist local educational agencies in providing positive behavioral interven- tions and supports and appropriate mental health services for children with disabil- ities. (iv) To improve the use of technology in the classroom by children with disabilities to enhance learning. (v) To support the use of technology, in- cluding technology with universal design principles and assistive technology de- vices, to maximize accessibility to the general education curriculum for children with disabilities. (vi) Development and implementation of transition programs, including coordina- tion of services with agencies involved in supporting the transition of children with disabilities to postsecondary activities. (vii) To assist local educational agencies in meeting personnel shortages. (viii) To support capacity building ac- tivities and improve the delivery of serv- ices by local educational agencies to im- prove results for children with disabilities. (ix) Alternative programming for chil- dren with disabilities who have been ex- pelled from school, and services for chil- dren with disabilities in correctional fa- cilities, children enrolled in State-oper- ated or State-supported schools, and chil- dren with disabilities in charter schools. (x) To support the development and pro- vision of appropriate accommodations for children with disabilities, or the develop- ment and provision of alternate assess- ments that are valid and reliable for as- sessing the performance of children with disabilities, in accordance with sections 6311(b) and 6361 of this title. (xi) To provide technical assistance to schools and local educational agencies, and direct services, including direct stu- dent services described in section 6303b(c)(3) of this title to children with dis- abilities, to schools or local educational agencies implementing comprehensive support and improvement activities or tar- geted support and improvement activities under section 6311(d) of this title on the basis of consistent underperformance of the disaggregated subgroup of children with disabilities, including providing pro- fessional development to special and reg- ular education teachers, who teach chil- dren with disabilities, based on scientif- ically based research to improve edu- cational instruction, in order to improve academic achievement based on the chal- lenging academic standards described in section 6311(b)(1) of this title. (3) Local educational agency risk pool (A) In general (i) Reservation of funds For the purpose of assisting local edu- cational agencies (including a charter school that is a local educational agency or a consortium of local educational agen- cies) in addressing the needs of high need children with disabilities, each State shall have the option to reserve for each fiscal year 10 percent of the amount of funds the State reserves for State-level activities under paragraph (2)(A)— (I) to establish and make disburse- ments from the high cost fund to local educational agencies in accordance with this paragraph during the first and suc- ceeding fiscal years of the high cost fund; and (II) to support innovative and effective ways of cost sharing by the State, by a local educational agency, or among a consortium of local educational agen- cies, as determined by the State in co- ordination with representatives from local educational agencies, subject to subparagraph (B)(ii). (ii) Definition of local educational agency In this paragraph the term ‘‘local edu- cational agency’’ includes a charter school that is a local educational agency, or a consortium of local educational agencies. (B) Limitation on uses of funds (i) Establishment of high cost fund A State shall not use any of the funds the State reserves pursuant to subpara- graph (A)(i), but may use the funds the State reserves under paragraph (1), to es- tablish and support the high cost fund. (ii) Innovative and effective cost sharing A State shall not use more than 5 per- cent of the funds the State reserves pursu- ant to subparagraph (A)(i) for each fiscal year to support innovative and effective ways of cost sharing among consortia of local educational agencies. Page 942 TITLE 20—EDUCATION § 1411 (C) State plan for high cost fund (i) Definition The State educational agency shall es- tablish the State’s definition of a high need child with a disability, which defini- tion shall be developed in consultation with local educational agencies. (ii) State plan The State educational agency shall de- velop, not later than 90 days after the State reserves funds under this paragraph, annually review, and amend as necessary, a State plan for the high cost fund. Such State plan shall— (I) establish, in coordination with rep- resentatives from local educational agencies, a definition of a high need child with a disability that, at a min- imum— (aa) addresses the financial impact a high need child with a disability has on the budget of the child’s local edu- cational agency; and (bb) ensures that the cost of the high need child with a disability is greater than 3 times the average per pupil ex- penditure (as defined in section 7801 of this title) in that State; (II) establish eligibility criteria for the participation of a local educational agency that, at a minimum, takes into account the number and percentage of high need children with disabilities served by a local educational agency; (III) develop a funding mechanism that provides distributions each fiscal year to local educational agencies that meet the criteria developed by the State under subclause (II); and (IV) establish an annual schedule by which the State educational agency shall make its distributions from the high cost fund each fiscal year. (iii) Public availability The State shall make its final State plan publicly available not less than 30 days be- fore the beginning of the school year, in- cluding dissemination of such information on the State website. (D) Disbursements from the high cost fund (i) In general Each State educational agency shall make all annual disbursements from the high cost fund established under subpara- graph (A)(i) in accordance with the State plan published pursuant to subparagraph (C). (ii) Use of disbursements Each State educational agency shall make annual disbursements to eligible local educational agencies in accordance with its State plan under subparagraph (C)(ii). (iii) Appropriate costs The costs associated with educating a high need child with a disability under subparagraph (C)(i) are only those costs associated with providing direct special education and related services to such child that are identified in such child’s IEP. (E) Legal fees The disbursements under subparagraph (D) shall not support legal fees, court costs, or other costs associated with a cause of action brought on behalf of a child with a disability to ensure a free appropriate public education for such child. (F) Assurance of a free appropriate public education Nothing in this paragraph shall be con- strued— (i) to limit or condition the right of a child with a disability who is assisted under this subchapter to receive a free ap- propriate public education pursuant to section 1412(a)(1) of this title in the least restrictive environment pursuant to sec- tion 1412(a)(5) of this title; or (ii) to authorize a State educational agency or local educational agency to es- tablish a limit on what may be spent on the education of a child with a disability. (G) Special rule for risk pool and high need assistance programs in effect as of Janu- ary 1, 2004 Notwithstanding the provisions of sub- paragraphs (A) through (F), a State may use funds reserved pursuant to this paragraph for implementing a placement neutral cost sharing and reimbursement program of high need, low incidence, catastrophic, or ex- traordinary aid to local educational agencies that provides services to high need students based on eligibility criteria for such pro- grams that were created not later than Jan- uary 1, 2004, and are currently in operation, if such program serves children that meet the requirement of the definition of a high need child with a disability as described in subparagraph (C)(ii)(I). (H) Medicaid services not affected Disbursements provided under this para- graph shall not be used to pay costs that otherwise would be reimbursed as medical assistance for a child with a disability under the State medicaid program under title XIX of the Social Security Act [42 U.S.C. 1396 et seq.]. (I) Remaining funds Funds reserved under subparagraph (A) in any fiscal year but not expended in that fis- cal year pursuant to subparagraph (D) shall be allocated to local educational agencies for the succeeding fiscal year in the same manner as funds are allocated to local edu- cational agencies under subsection (f) for the succeeding fiscal year. (4) Inapplicability of certain prohibitions A State may use funds the State reserves under paragraphs (1) and (2) without regard to— (A) the prohibition on commingling of funds in section 1412(a)(17)(B) of this title; and Page 943 TITLE 20—EDUCATION § 1411 (B) the prohibition on supplanting other funds in section 1412(a)(17)(C) of this title. (5) Report on use of funds As part of the information required to be submitted to the Secretary under section 1412 of this title, each State shall annually de- scribe how amounts under this section— (A) will be used to meet the requirements of this chapter; and (B) will be allocated among the activities described in this section to meet State prior- ities based on input from local educational agencies. (6) Special rule for increased funds A State may use funds the State reserves under paragraph (1)(A) as a result of infla- tionary increases under paragraph (1)(B) to carry out activities authorized under clause (i), (iii), (vii), or (viii) of paragraph (2)(C). (7) Flexibility in using funds for subchapter III Any State eligible to receive a grant under section 1419 of this title may use funds made available under paragraph (1)(A), subsection (f)(3), or section 1419(f)(5) of this title to de- velop and implement a State policy jointly with the lead agency under subchapter III and the State educational agency to provide early intervention services (which shall include an educational component that promotes school readiness and incorporates preliteracy, lan- guage, and numeracy skills) in accordance with subchapter III to children with disabil- ities who are eligible for services under sec- tion 1419 of this title and who previously re- ceived services under subchapter III until such children enter, or are eligible under State law to enter, kindergarten, or elementary school as appropriate. (f) Subgrants to local educational agencies (1) Subgrants required Each State that receives a grant under this section for any fiscal year shall distribute any funds the State does not reserve under sub- section (e) to local educational agencies (in- cluding public charter schools that operate as local educational agencies) in the State that have established their eligibility under section 1413 of this title for use in accordance with this subchapter. (2) Procedure for allocations to local edu- cational agencies For each fiscal year for which funds are allo- cated to States under subsection (d), each State shall allocate funds under paragraph (1) as follows: (A) Base payments The State shall first award each local edu- cational agency described in paragraph (1) the amount the local educational agency would have received under this section for fiscal year 1999, if the State had distributed 75 percent of its grant for that year under section 1411(d) of this title as section 1411(d) 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. (3) 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 residing in the area served by that local educational agency with State and local funds, the State edu- cational agency may reallocate any portion of the funds under this subchapter 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 edu- cation and related services to all children with disabilities residing in the areas served by those other local educational agencies. (g) Definitions In this section: (1) Average per-pupil expenditure in public el- ementary schools and secondary schools in the United States The term ‘‘average per-pupil expenditure in public elementary schools and secondary schools in the United States’’ means— (A) without regard to the source of funds— (i) the aggregate current expenditures, during the second fiscal year preceding the fiscal year for which the determination is made (or, if satisfactory data for that year are not available, during the most recent preceding fiscal year for which satisfac- tory data are available) of all local edu- cational agencies in the 50 States and the District of Columbia; plus (ii) any direct expenditures by the State for the operation of those agencies; divided by (B) the aggregate number of children in average daily attendance to whom those agencies provided free public education dur- ing that preceding year. (2) State The term ‘‘State’’ means each of the 50 States, the District of Columbia, and the Com- monwealth of Puerto Rico. (h) Use of amounts by Secretary of the Interior (1) Provision of amounts for assistance (A) In general The Secretary of Education shall provide amounts to the Secretary of the Interior to meet the need for assistance for the edu- cation of children with disabilities on res- ervations aged 5 to 21, inclusive, enrolled in elementary schools and secondary schools for Indian children operated or funded by the Page 944 TITLE 20—EDUCATION § 1411 Secretary of the Interior. The amount of such payment for any fiscal year shall be equal to 80 percent of the amount allotted under subsection (b)(2) for that fiscal year. Of the amount described in the preceding sentence— (i) 80 percent shall be allocated to such schools by July 1 of that fiscal year; and (ii) 20 percent shall be allocated to such schools by September 30 of that fiscal year. (B) Calculation of number of children In the case of Indian students aged 3 to 5, inclusive, who are enrolled in programs af- filiated with the Bureau of Indian Affairs (referred to in this subsection as the ‘‘BIA’’) schools and that are required by the States in which such schools are located to attain or maintain State accreditation, and which schools have such accreditation prior to Oc- tober 7, 1991, the school shall be allowed to count those children for the purpose of dis- tribution of the funds provided under this paragraph to the Secretary of the Interior. The Secretary of the Interior shall be re- sponsible for meeting all of the requirements of this subchapter for those children, in ac- cordance with paragraph (2). (C) Additional requirement With respect to all other children aged 3 to 21, inclusive, on reservations, the State edu- cational agency shall be responsible for en- suring that all of the requirements of this subchapter are implemented. (2) Submission of information The Secretary of Education may provide the Secretary of the Interior amounts under para- graph (1) for a fiscal year only if the Secretary of the Interior submits to the Secretary of Education information that— (A) demonstrates that the Department of the Interior meets the appropriate require- ments, as determined by the Secretary of Education, of sections 1412 of this title (in- cluding monitoring and evaluation activi- ties) and 1413 of this title; (B) includes a description of how the Sec- retary of the Interior will coordinate the provision of services under this subchapter with local educational agencies, tribes and tribal organizations, and other private and Federal service providers; (C) includes an assurance that there are public hearings, adequate notice of such hearings, and an opportunity for comment afforded to members of tribes, tribal gov- erning bodies, and affected local school boards before the adoption of the policies, programs, and procedures related to the re- quirements described in subparagraph (A); (D) includes an assurance that the Sec- retary of the Interior will provide such in- formation as the Secretary of Education may require to comply with section 1418 of this title; (E) includes an assurance that the Sec- retary of the Interior and the Secretary of Health and Human Services have entered into a memorandum of agreement, to be pro- vided to the Secretary of Education, for the coordination of services, resources, and per- sonnel between their respective Federal, State, and local offices and with State and local educational agencies and other entities to facilitate the provision of services to In- dian children with disabilities residing on or near reservations (such agreement shall pro- vide for the apportionment of responsibil- ities and costs, including child find, evalua- tion, diagnosis, remediation or therapeutic measures, and (where appropriate) equip- ment and medical or personal supplies as needed for a child to remain in school or a program); and (F) includes an assurance that the Depart- ment of the Interior will cooperate with the Department of Education in its exercise of monitoring and oversight of this applica- tion, and any agreements entered into be- tween the Secretary of the Interior and other entities under this subchapter, and will fulfill its duties under this subchapter. (3) Applicability The Secretary shall withhold payments under this subsection with respect to the in- formation described in paragraph (2) in the same manner as the Secretary withholds pay- ments under section 1416(e)(6) of this title. (4) Payments for education and services for In- dian children with disabilities aged 3 through 5 (A) In general With funds appropriated under subsection (i), the Secretary of Education shall make payments to the Secretary of the Interior to be distributed to tribes or tribal organiza- tions (as defined under section 5304 of title 25) or consortia of tribes or tribal organiza- tions to provide for the coordination of as- sistance for special education and related services for children with disabilities aged 3 through 5 on reservations served by elemen- tary schools and secondary schools for In- dian children operated or funded by the De- partment of the Interior. The amount of such payments under subparagraph (B) for any fiscal year shall be equal to 20 percent of the amount allotted under subsection (b)(2). (B) Distribution of funds The Secretary of the Interior shall dis- tribute the total amount of the payment under subparagraph (A) by allocating to each tribe, tribal organization, or consor- tium an amount based on the number of children with disabilities aged 3 through 5 residing on reservations as reported annu- ally, divided by the total of those children served by all tribes or tribal organizations. (C) Submission of information To receive a payment under this para- graph, the tribe or tribal organization shall submit such figures to the Secretary of the Interior as required to determine the amounts to be allocated under subparagraph (B). This information shall be compiled and submitted to the Secretary of Education. Page 945 TITLE 20—EDUCATION § 1411 (D) Use of funds The funds received by a tribe or tribal or- ganization shall be used to assist in child find, screening, and other procedures for the early identification of children aged 3 through 5, parent training, and the provision of direct services. These activities may be carried out directly or through contracts or cooperative agreements with the BIA, local educational agencies, and other public or private nonprofit organizations. The tribe or tribal organization is encouraged to involve Indian parents in the development and im- plementation of these activities. The tribe or tribal organization shall, as appropriate, make referrals to local, State, or Federal en- tities for the provision of services or further diagnosis. (E) Biennial report To be eligible to receive a grant pursuant to subparagraph (A), the tribe or tribal orga- nization shall provide to the Secretary of the Interior a biennial report of activities undertaken under this paragraph, including the number of contracts and cooperative agreements entered into, the number of chil- dren contacted and receiving services for each year, and the estimated number of chil- dren needing services during the 2 years fol- lowing the year in which the report is made. The Secretary of the Interior shall include a summary of this information on a biennial basis in the report to the Secretary of Edu- cation required under this subsection. The Secretary of Education may require any ad- ditional information from the Secretary of the Interior. (F) Prohibitions None of the funds allocated under this paragraph may be used by the Secretary of the Interior for administrative purposes, in- cluding child count and the provision of technical assistance. (5) Plan for coordination of services The Secretary of the Interior shall develop and implement a plan for the coordination of services for all Indian children with disabil- ities residing on reservations covered under this chapter. Such plan shall provide for the coordination of services benefiting those chil- dren from whatever source, including tribes, the Indian Health Service, other BIA divi- sions, and other Federal agencies. In devel- oping the plan, the Secretary of the Interior shall consult with all interested and involved parties. The plan shall be based on the needs of the children and the system best suited for meeting those needs, and may involve the es- tablishment of cooperative agreements be- tween the BIA, other Federal agencies, and other entities. The plan shall also be distrib- uted upon request to States, State educational agencies and local educational agencies, and other agencies providing services to infants, toddlers, and children with disabilities, to tribes, and to other interested parties. (6) Establishment of advisory board To meet the requirements of section 1412(a)(21) of this title, the Secretary of the In- terior shall establish, under the BIA, an advi- sory board composed of individuals involved in or concerned with the education and provision of services to Indian infants, toddlers, chil- dren, and youth with disabilities, including In- dians with disabilities, Indian parents or guardians of such children, teachers, service providers, State and local educational offi- cials, representatives of tribes or tribal orga- nizations, representatives from State Inter- agency Coordinating Councils under section 1441 of this title in States having reservations, and other members representing the various divisions and entities of the BIA. The chair- person shall be selected by the Secretary of the Interior. The advisory board shall— (A) assist in the coordination of services within the BIA and with other local, State, and Federal agencies in the provision of edu- cation for infants, toddlers, and children with disabilities; (B) advise and assist the Secretary of the Interior in the performance of the Secretary of the Interior’s responsibilities described in this subsection; (C) develop and recommend policies con- cerning effective inter- and intra-agency col- laboration, including modifications to regu- lations, and the elimination of barriers to inter- and intra-agency programs and activi- ties; (D) provide assistance and disseminate in- formation on best practices, effective pro- gram coordination strategies, and rec- ommendations for improved early interven- tion services or educational programming for Indian infants, toddlers, and children with disabilities; and (E) provide assistance in the preparation of information required under paragraph (2)(D). (7) Annual reports (A) In general The advisory board established under para- graph (6) shall prepare and submit to the Secretary of the Interior and to Congress an annual report containing a description of the activities of the advisory board for the preceding year. (B) Availability The Secretary of the Interior shall make available to the Secretary of Education the report described in subparagraph (A). (i) Authorization of appropriations For the purpose of carrying out this sub- chapter, other than section 1419 of this title, there are authorized to be appropriated— (1) $12,358,376,571 for fiscal year 2005; (2) $14,648,647,143 for fiscal year 2006; (3) $16,938,917,714 for fiscal year 2007; (4) $19,229,188,286 for fiscal year 2008; (5) $21,519,458,857 for fiscal year 2009; (6) $23,809,729,429 for fiscal year 2010; (7) $26,100,000,000 for fiscal year 2011; and (8) such sums as may be necessary for fiscal year 2012 and each succeeding fiscal year. (Pub. L. 91–230, title VI, § 611, as added Pub. L. 108–446, title I, § 101, Dec. 3, 2004, 118 Stat. 2662; Page 946 TITLE 20—EDUCATION § 1412 amended Pub. L. 114–95, title IX, § 9215(ss)(2), Dec. 10, 2015, 129 Stat. 2181; Pub. L. 118–42, div. G, title II, § 209(b)(3), Mar. 9, 2024, 138 Stat. 442.) Editorial Notes REFERENCES IN TEXT Public Law 95–134, referred to in subsec. (b)(1)(B), is Pub. L. 95–134, Oct. 15, 1977, 91 Stat. 1159. Provisions re- lating to consolidation of grants are contained in sec- tion 501 of Pub. L. 95–134 which is classified to section 1469a of Title 48, Territories and Insular Possessions. The Social Security Act, referred to in subsec. (e)(3)(H), is act Aug. 14, 1935, ch. 531, 49 Stat. 620. Title XIX of the Act is classified generally to subchapter XIX (§ 1396 et seq.) of chapter 7 of Title 42, The Public Health and Welfare. For complete classification of this Act to the Code, see section 1305 of Title 42 and Tables. PRIOR PROVISIONS A prior section 1411, Pub. L. 91–230, title VI, § 611, as added Pub. L. 105–17, title I, § 101, June 4, 1997, 111 Stat. 49, related to authorization, allotment, use of funds, and authorization of appropriations, prior to the gen- eral amendment of subchapters I to IV of this chapter by Pub. L. 108–446. Another prior section 1411, Pub. L. 91–230, title VI, § 611, Apr. 13, 1970, 84 Stat. 178; Pub. L. 93–380, title VI, § 614(a), (e)(1), (2), Aug. 21, 1974, 88 Stat. 580, 582; Pub. L. 94–142, §§ 2(a)(1)–(3), 5(a), (c), Nov. 29, 1975, 89 Stat. 773, 776, 794; Pub. L. 95–561, title XIII, § 1341(a), Nov. 1, 1978, 92 Stat. 2364; Pub. L. 96–270, § 13, June 14, 1980, 94 Stat. 498; Pub. L. 98–199, §§ 3(b), 15, Dec. 2, 1983, 97 Stat. 1358, 1374; Pub. L. 99–159, title VI, § 601, Nov. 22, 1985, 99 Stat. 904; Pub. L. 99–362, § 2, July 9, 1986, 100 Stat. 769; Pub. L. 99–457, title II, § 201(b), title IV, §§ 403, 404, Oct. 8, 1986, 100 Stat. 1158, 1173; Pub. L. 100–630, title I, § 102(a), Nov. 7, 1988, 102 Stat. 3290; Pub. L. 101–476, title II, § 201, title IX, § 901(b)(25)–(32), Oct. 30, 1990, 104 Stat. 1111, 1143; Pub. L. 102–73, title VIII, § 802(d)(2), (3), July 25, 1991, 105 Stat. 361; Pub. L. 102–119, §§ 4, 25(a)(4), (19), (b), Oct. 7, 1991, 105 Stat. 587, 606, 607; Pub. L. 103–382, title III, § 311, Oct. 20, 1994, 108 Stat. 3931, related to entitlements and allocations, prior to the general amendment of sub- chapters I to IV of this chapter by Pub. L. 105–17. AMENDMENTS 2024—Subsec. (b)(1)(A). Pub. L. 118–42 added subpar. (A) and struck out former subpar. (A) which related to reserving appropriated funds to provide assistance to outlying areas and grants to freely associated States. 2015—Subsec. (e)(2)(C)(x). Pub. L. 114–95, § 9215(ss)(2)(A)(i), substituted ‘‘6361 of this title’’ for ‘‘7301 of this title’’. Subsec. (e)(2)(C)(xi). Pub. L. 114–95, § 9215(ss)(2)(A)(ii), substituted ‘‘including direct student services de- scribed in section 6303b(c)(3) of this title to children with disabilities, to schools or local educational agen- cies implementing comprehensive support and improve- ment activities or targeted support and improvement activities under section 6311(d) of this title on the basis of consistent underperformance of the disaggregated subgroup of children with disabilities’’ for ‘‘including supplemental educational services as defined in 6316(e) of this title to children with disabilities, in schools or local educational agencies identified for improvement under section 6316 of this title on the sole basis of the assessment results of the disaggregated subgroup of children with disabilities’’ and ‘‘based on the chal- lenging academic standards described in section 6311(b)(1) of this title’’ for ‘‘to meet or exceed the objec- tives established by the State under section 6311(b)(2)(G) of this title’’. Subsec. (e)(3)(C)(ii)(I)(bb). Pub. L. 114–95, § 9215(ss)(2)(B), made technical amendment to reference in original act which appears in text as reference to section 7801 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. EFFECTIVE DATE Subchapter effective July 1, 2005, see section 302(a) of Pub. L. 108–446, set out as a note under section 1400 of this title. EFFECT OF REDUCTION Pub. L. 118–47, div. D, title III, Mar. 23, 2024, 138 Stat. 685, provided in part: ‘‘That the Secretary [of Edu- cation] may, in any fiscal year in which a State’s allo- cation under section 611 [20 U.S.C. 1411] is reduced in accordance with section 612(a)(18)(B) [20 U.S.C. 1412(a)(18)(B)], reduce the amount a State may reserve under section 611(e)(1) [20 U.S.C. 1411(e)(1)] by an amount that bears the same relation to the maximum amount described in that paragraph as the reduction under section 612(a)(18)(B) bears to the total allocation the State would have received in that fiscal year under section 611(d) [20 U.S.C. 1411(d)] in the absence of the re- duction: Provided further, That the Secretary shall ei- ther reduce the allocation of funds under section 611 for any fiscal year following the fiscal year for which the State fails to comply with the requirement of section 612(a)(18)(A) [20 U.S.C. 1412(a)(18)(A)] as authorized by section 612(a)(18)(B), or seek to recover funds under sec- tion 452 of the General Education Provisions Act (20 U.S.C. 1234a)’’. Similar provisions were contained in the following prior appropriation act: Pub. L. 117–328, div. H, title III, Dec. 29, 2022, 136 Stat. 4890. Pub. L. 118–47, div. D, title III, Mar. 23, 2024, 138 Stat. 685, provided in part: ‘‘That the amount by which a State’s allocation under section 611(d) of the IDEA [In- dividuals with Disabilities Education Act, 20 U.S.C. 1411(d)] is reduced under section 612(a)(18)(B) [20 U.S.C. 1412(a)(18)(B)] and the amounts distributed to States under the previous provisos in fiscal year 2012 or any subsequent year shall not be considered in calculating the awards under section 611(d) for fiscal year 2013 or for any subsequent fiscal years’’. Similar provisions were contained in the following prior appropriation acts: Pub. L. 117–328, div. H, title III, Dec. 29, 2022, 136 Stat. 4890. Pub. L. 117–103, div. H, title III, Mar. 15, 2022, 136 Stat. 478. Pub. L. 116–260, div. H, title III, Dec. 27, 2020, 134 Stat. 1601. Pub. L. 116–94, div. A, title III, Dec. 20, 2019, 133 Stat. 2589, 2590. Pub. L. 115–245, div. B, title III, Sept. 28, 2018, 132 Stat. 3100. Pub. L. 115–141, div. H, title III, Mar. 23, 2018, 132 Stat. 744. Pub. L. 115–31, div. H, title III, May 5, 2017, 131 Stat. 547. Pub. L. 114–113, div. H, title III, Dec. 18, 2015, 129 Stat. 2633. Pub. L. 113–235, div. G, title III, Dec. 16, 2014, 128 Stat. 2499. Pub. L. 113–76, div. H, title III, Jan. 17, 2014, 128 Stat. 394. § 1412. State eligibility (a) In general A State is eligible for assistance under this subchapter for a fiscal year if the State submits a plan that provides assurances to the Secretary that the State has in effect policies and proce-