20 U.S.C. § 1411 : US Code - Section 1411: Authorization; allotment; use of funds; authorization of appropriations

Search 20 U.S.C. § 1411 : US Code - Section 1411: Authorization; allotment; use of funds; authorization 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 Interior, to assist them to provide special education and
related services to children with disabilities in accordance with
this subchapter.
(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 disabilities in the State
who are receiving special education and related services -
(I) aged 3 through 5 if the State is eligible 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 fiscal years is -
(i) the number of children with disabilities 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 eligible 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 population described in
subsection (d)(3)(A)(i)(II); and
(II) 15 percent of such State's population 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 fiscal year under
subsection (i), the Secretary shall reserve not more than 1
percent, which shall be used -
(i) to provide assistance to the outlying areas in
accordance with their respective populations of individuals
aged 3 through 21; and
(ii) to provide each freely associated State a grant in the
amount that such freely associated State received for fiscal
year 2003 under this subchapter, but only if the freely
associated State meets the applicable requirements of this
subchapter, as well as the requirements of section
1411(b)(2)(C) of this title as such section was in effect on
the day before December 3, 2004.
(B) Special rule
The provisions of Public Law 95-134, permitting the
consolidation of grants by the outlying areas, shall not apply
to funds provided to the outlying areas or the freely
associated States under this section.
(C) Definition
In this paragraph, the term "freely associated States" means
the Republic of the Marshall Islands, the Federated States of
Micronesia, and the Republic of Palau.
(2) Secretary of the Interior
From the amount appropriated for any fiscal year under
subsection (i), the Secretary shall 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 percentage 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 assistance, 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 accordance with this subsection.
(2) Special rule for use of fiscal year 1999 amount
If a State received any funds under this section for fiscal
year 1999 on the basis of children 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 subsequent year under
paragraph (3) or (4), by subtracting the amount allocated to the
State for fiscal year 1999 on the basis of those children.
(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
preceding 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' relative 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 Secretary.
(B) Limitations
Notwithstanding subparagraph (A), allocations 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 exceeds 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
section from the preceding fiscal year.
(iii) Maximum
Notwithstanding clause (ii), no State's allocation under
this paragraph shall exceed the sum of -
(I) the amount the State received under this section for
the preceding fiscal year; and
(II) that amount multiplied by the sum of 1.5 percent and
the percentage increase 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 subparagraph
(B)(i).
(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 allocations
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 relation to any
remaining funds as the increase the State received under this
section for the preceding fiscal year over fiscal 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
allocated 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 reduced.
(e) State-level activities
(1) State administration
(A) In general
For the purpose of administering this subchapter, including
paragraph (3), section 1419 of this title, and the coordination
of activities under this subchapter with, and providing
technical assistance to, other programs 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 fiscal year 2004
or $800,000 (adjusted in accordance with subparagraph (B)),
whichever 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 administration 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 preceding fiscal year in the
Consumer Price Index For All Urban Consumers, published by the
Bureau of Labor Statistics of the Department of Labor.
(C) Certification
Prior to expenditure of funds under this paragraph, the State
shall certify to the Secretary that the arrangements to
establish responsibility for services pursuant to section
1412(a)(12)(A) of this title are current.
(D) Subchapter III
Funds reserved under subparagraph (A) may be used for the
administration of subchapter 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 activities, 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,
respectively. For fiscal year 2007 and each subsequent fiscal
year, the State may reserve the maximum amount the State was
eligible to reserve under the preceding sentence for fiscal
year 2006 (cumulatively adjusted 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, published 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
reserved for State administration is not greater than
$850,000, the State may reserve for the purpose of carrying
out State-level activities for each of the fiscal years 2005
and 2006, not more than 10.5 percent from the amount of the
State's allocation 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 maximum amount the State was eligible to reserve under
the preceding sentence for fiscal year 2006 (cumulatively
adjusted 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,
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 -
(I) in the case of a State that is not described in
clause (ii), for fiscal year 2005 or 2006, clause (i) shall
be applied by substituting "9.0 percent" for "10 percent";
and
(II) in the case of a State that is described in clause
(ii), for fiscal year 2005 or 2006, clause (ii) shall be
applied by substituting "9.5 percent" for "10.5 percent".
(B) Required activities
Funds reserved under subparagraph (A) shall be used to carry
out the following activities:
(i) For monitoring, enforcement, and complaint
investigation.
(ii) To establish and implement the mediation 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 activities:
(i) For support and direct services, including technical
assistance, personnel preparation, and professional
development and training.
(ii) To support paperwork reduction activities, including
expanding the use of technology in the IEP process.
(iii) To assist local educational agencies in providing
positive behavioral interventions and supports and
appropriate mental health services for children with
disabilities.
(iv) To improve the use of technology in the classroom by
children with disabilities to enhance learning.
(v) To support the use of technology, including technology
with universal design principles and assistive technology
devices, to maximize accessibility to the general education
curriculum for children with disabilities.
(vi) Development and implementation of transition programs,
including coordination 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 activities and improve
the delivery of services by local educational agencies to
improve results for children with disabilities.
(ix) Alternative programming for children with disabilities
who have been expelled from school, and services for children
with disabilities in correctional facilities, children
enrolled in State-operated or State-supported schools, and
children with disabilities in charter schools.
(x) To support the development and provision of appropriate
accommodations for children with disabilities, or the
development and provision of alternate assessments that are
valid and reliable for assessing the performance of children
with disabilities, in accordance with sections 6311(b) and
7301 of this title.
(xi) To provide technical assistance to schools and local
educational agencies, and direct services, 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, including providing professional development to
special and regular education teachers, who teach children
with disabilities, based on scientifically based research to
improve educational instruction, in order to improve academic
achievement to meet or exceed the objectives established by
the State under section 6311(b)(2)(G) of this title.
(3) Local educational agency risk pool
(A) In general
(i) Reservation of funds
For the purpose of assisting local educational agencies
(including a charter school that is a local educational
agency or a consortium of local educational agencies) 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 disbursements from the high
cost fund to local educational agencies in accordance with
this paragraph during the first and succeeding 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 agencies, as
determined by the State in coordination with
representatives from local educational agencies, subject to
subparagraph (B)(ii).
(ii) Definition of local educational agency
In this paragraph the term "local educational 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 subparagraph (A)(i), but may use the funds the
State reserves under paragraph (1), to establish and support
the high cost fund.
(ii) Innovative and effective cost sharing
A State shall not use more than 5 percent of the funds the
State reserves pursuant to subparagraph (A)(i) for each
fiscal year to support innovative and effective ways of cost
sharing among consortia of local educational agencies.
(C) State plan for high cost fund
(i) Definition
The State educational agency shall establish the State's
definition of a high need child with a disability, which
definition shall be developed in consultation with local
educational agencies.
(ii) State plan
The State educational agency shall develop, 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 representatives from
local educational agencies, a definition of a high need
child with a disability that, at a minimum -
(aa) addresses the financial impact a high need child
with a disability has on the budget of the child's local
educational agency; and
(bb) ensures that the cost of the high need child with
a disability is greater than 3 times the average per
pupil expenditure (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 before the beginning of the
school year, including 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
subparagraph (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 construed -
(i) to limit or condition the right of a child with a
disability who is assisted under this subchapter to receive a
free appropriate public education pursuant to section
1412(a)(1) of this title in the least restrictive environment
pursuant to section 1412(a)(5) of this title; or
(ii) to authorize a State educational agency or local
educational agency to establish 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 January 1, 2004
Notwithstanding the provisions of subparagraphs (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 extraordinary aid to local educational
agencies that provides services to high need students based on
eligibility criteria for such programs that were created not
later than January 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 paragraph 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 fiscal 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 educational 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
(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 describe 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 priorities 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 inflationary 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 develop
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, language, and numeracy skills) in accordance with
subchapter III to children with disabilities who are eligible for
services under section 1419 of this title and who previously
received 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 subsection (e) to local educational agencies (including
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 educational agencies
For each fiscal year for which funds are allocated 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 educational 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 subparagraph (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 elementary
schools and secondary schools within the local educational
agency's jurisdiction; and
(ii) allocate 15 percent of those remaining funds to those
local educational agencies in accordance with their relative
numbers of children living in poverty, as determined 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 educational 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 education 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 elementary 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 satisfactory data are available) of all local
educational 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 during that preceding year.
(2) State
The term "State" means each of the 50 States, the District of
Columbia, and the Commonwealth 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 education of children with disabilities on reservations
aged 5 to 21, inclusive, enrolled in elementary schools and
secondary schools for Indian children operated or funded by the
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 affiliated 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 October 7, 1991, the
school shall be allowed to count those children for the purpose
of distribution of the funds provided under this paragraph to
the Secretary of the Interior. The Secretary of the Interior
shall be responsible for meeting all of the requirements of
this subchapter for those children, in accordance with
paragraph (2).
(C) Additional requirement
With respect to all other children aged 3 to 21, inclusive,
on reservations, the State educational agency shall be
responsible for ensuring 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 paragraph (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 requirements, as determined by the Secretary of
Education, of sections 1412 of this title (including monitoring
and evaluation activities) and 1413 of this title;
(B) includes a description of how the Secretary 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 governing bodies,
and affected local school boards before the adoption of the
policies, programs, and procedures related to the requirements
described in subparagraph (A);
(D) includes an assurance that the Secretary of the Interior
will provide such information as the Secretary of Education may
require to comply with section 1418 of this title;
(E) includes an assurance that the Secretary of the Interior
and the Secretary of Health and Human Services have entered
into a memorandum of agreement, to be provided to the Secretary
of Education, for the coordination of services, resources, and
personnel 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 Indian
children with disabilities residing on or near reservations
(such agreement shall provide for the apportionment of
responsibilities and costs, including child find, evaluation,
diagnosis, remediation or therapeutic measures, and (where
appropriate) equipment and medical or personal supplies as
needed for a child to remain in school or a program); and
(F) includes an assurance that the Department of the Interior
will cooperate with the Department of Education in its exercise
of monitoring and oversight of this application, and any
agreements entered into between 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 information described in paragraph (2) in the
same manner as the Secretary withholds payments under section
1416(e)(6) of this title.
(4) Payments for education and services for Indian 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 organizations
(as defined under section 450b of title 25) or consortia of
tribes or tribal organizations to provide for the coordination
of assistance for special education and related services for
children with disabilities aged 3 through 5 on reservations
served by elementary schools and secondary schools for Indian
children operated or funded by the Department 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 distribute the total
amount of the payment under subparagraph (A) by allocating to
each tribe, tribal organization, or consortium an amount based
on the number of children with disabilities aged 3 through 5
residing on reservations as reported annually, divided by the
total of those children served by all tribes or tribal
organizations.
(C) Submission of information
To receive a payment under this paragraph, 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.
(D) Use of funds
The funds received by a tribe or tribal organization 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 implementation of these
activities. The tribe or tribal organization shall, as
appropriate, make referrals to local, State, or Federal
entities 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 organization 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 children contacted and receiving services for each year, and
the estimated number of children needing services during the 2
years following 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 Education required under this subsection. The Secretary of
Education may require any additional 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,
including 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 disabilities residing on reservations covered under this
chapter. Such plan shall provide for the coordination of services
benefiting those children from whatever source, including tribes,
the Indian Health Service, other BIA divisions, and other Federal
agencies. In developing 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 establishment
of cooperative agreements between the BIA, other Federal
agencies, and other entities. The plan shall also be distributed
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 Interior shall establish, under the BIA, an
advisory board composed of individuals involved in or concerned
with the education and provision of services to Indian infants,
toddlers, children, and youth with disabilities, including
Indians with disabilities, Indian parents or guardians of such
children, teachers, service providers, State and local
educational officials, representatives of tribes or tribal
organizations, representatives from State Interagency
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 chairperson 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 education 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 concerning effective inter-
and intra-agency collaboration, including modifications to
regulations, and the elimination of barriers to inter- and
intra-agency programs and activities;
(D) provide assistance and disseminate information on best
practices, effective program coordination strategies, and
recommendations for improved early intervention 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 paragraph (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 subchapter, 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.