20 U.S.C. § 1413 : US Code - Section 1413: Local educational agency eligibility

Search 20 U.S.C. § 1413 : US Code - Section 1413: Local educational agency eligibility

(a) In general
A local educational agency is eligible for assistance under this
subchapter for a fiscal year if such agency submits a plan that
provides assurances to the State educational agency that the local
educational agency meets each of the following conditions:
(1) Consistency with State policies
The local educational agency, in providing for the education of
children with disabilities within its jurisdiction, has in effect
policies, procedures, and programs that are consistent with the
State policies and procedures established under section 1412 of
this title.
(2) Use of amounts
(A) In general
Amounts provided to the local educational agency under this
subchapter shall be expended in accordance with the applicable
provisions of this subchapter and -
(i) shall be used only to pay the excess costs of providing
special education and related services to children with
disabilities;
(ii) shall be used to supplement State, local, and other
Federal funds and not to supplant such funds; and
(iii) shall not be used, except as provided in
subparagraphs (B) and (C), to reduce the level of
expenditures for the education of children with disabilities
made by the local educational agency from local funds below
the level of those expenditures for the preceding fiscal
year.
(B) Exception
Notwithstanding the restriction in subparagraph (A)(iii), a
local educational agency may reduce the level of expenditures
where such reduction is attributable to -
(i) the voluntary departure, by retirement or otherwise, or
departure for just cause, of special education personnel;
(ii) a decrease in the enrollment of children with
disabilities;
(iii) the termination of the obligation of the agency,
consistent with this subchapter, to provide a program of
special education to a particular child with a disability
that is an exceptionally costly program, as determined by the
State educational agency, because the child -
(I) has left the jurisdiction of the agency;
(II) has reached the age at which the obligation of the
agency to provide a free appropriate public education to
the child has terminated; or
(III) no longer needs such program of special education;
or
(iv) the termination of costly expenditures for long-term
purchases, such as the acquisition of equipment or the
construction of school facilities.
(C) Adjustment to local fiscal effort in certain fiscal years
(i) Amounts in excess
Notwithstanding clauses (ii) and (iii) of subparagraph (A),
for any fiscal year for which the allocation received by a
local educational agency under section 1411(f) of this title
exceeds the amount the local educational agency received for
the previous fiscal year, the local educational agency may
reduce the level of expenditures otherwise required by
subparagraph (A)(iii) by not more than 50 percent of the
amount of such excess.
(ii) Use of amounts to carry out activities under ESEA
If a local educational agency exercises the authority under
clause (i), the agency shall use an amount of local funds
equal to the reduction in expenditures under clause (i) to
carry out activities authorized under the Elementary and
Secondary Education Act of 1965 [20 U.S.C. 6301 et seq.].
(iii) State prohibition
Notwithstanding clause (i), if a State educational agency
determines that a local educational agency is unable to
establish and maintain programs of free appropriate public
education that meet the requirements of subsection (a) or the
State educational agency has taken action against the local
educational agency under section 1416 of this title, the
State educational agency shall prohibit the local educational
agency from reducing the level of expenditures under clause
(i) for that fiscal year.
(iv) Special rule
The amount of funds expended by a local educational agency
under subsection (f) shall count toward the maximum amount of
expenditures such local educational agency may reduce under
clause (i).
(D) Schoolwide programs under title I of the ESEA
Notwithstanding subparagraph (A) or any other provision of
this subchapter, a local educational agency may use funds
received under this subchapter for any fiscal year to carry out
a schoolwide program under section 1114 of the Elementary and
Secondary Education Act of 1965 [20 U.S.C. 6314], except that
the amount so used in any such program shall not exceed -
(i) the number of children with disabilities participating
in the schoolwide program; multiplied by
(ii)(I) the amount received by the local educational agency
under this subchapter for that fiscal year; divided by
(II) the number of children with disabilities in the
jurisdiction of that agency.
(3) Personnel development
The local educational agency shall ensure that all personnel
necessary to carry out this subchapter are appropriately and
adequately prepared, subject to the requirements of section
1412(a)(14) of this title and section 2122 of the Elementary and
Secondary Education Act of 1965 [20 U.S.C. 6622].
(4) Permissive use of funds
(A) Uses
Notwithstanding paragraph (2)(A) or section 1412(a)(17)(B) of
this title (relating to commingled funds), funds provided to
the local educational agency under this subchapter may be used
for the following activities:
(i) Services and aids that also benefit nondisabled children
For the costs of special education and related services,
and supplementary aids and services, provided in a regular
class or other education-related setting to a child with a
disability in accordance with the individualized education
program of the child, even if 1 or more nondisabled children
benefit from such services.
(ii) Early intervening services
To develop and implement coordinated, early intervening
educational services in accordance with subsection (f).
(iii) High cost education and related services
To establish and implement cost or risk sharing funds,
consortia, or cooperatives for the local educational agency
itself, or for local educational agencies working in a
consortium of which the local educational agency is a part,
to pay for high cost special education and related services.
(B) Administrative case management
A local educational agency may use funds received under this
subchapter to purchase appropriate technology for
recordkeeping, data collection, and related case management
activities of teachers and related services personnel providing
services described in the individualized education program of
children with disabilities, that is needed for the
implementation of such case management activities.
(5) Treatment of charter schools and their students
In carrying out this subchapter with respect to charter schools
that are public schools of the local educational agency, the
local educational agency -
(A) serves children with disabilities attending those charter
schools in the same manner as the local educational agency
serves children with disabilities in its other schools,
including providing supplementary and related services on site
at the charter school to the same extent to which the local
educational agency has a policy or practice of providing such
services on the site to its other public schools; and
(B) provides funds under this subchapter to those charter
schools -
(i) on the same basis as the local educational agency
provides funds to the local educational agency's other public
schools, including proportional distribution based on
relative enrollment of children with disabilities; and
(ii) at the same time as the agency distributes other
Federal funds to the agency's other public schools,
consistent with the State's charter school law.
(6) Purchase of instructional materials
(A) In general
Not later than 2 years after December 3, 2004, a local
educational agency that chooses to coordinate with the National
Instructional Materials Access Center, when purchasing print
instructional materials, shall acquire the print instructional
materials in the same manner and subject to the same conditions
as a State educational agency acquires print instructional
materials under section 1412(a)(23) of this title.
(B) Rights of local educational agency
Nothing in this paragraph shall be construed to require a
local educational agency to coordinate with the National
Instructional Materials Access Center. If a local educational
agency chooses not to coordinate with the National
Instructional Materials Access Center, the local educational
agency shall provide an assurance to the State educational
agency that the local educational agency will provide
instructional materials to blind persons or other persons with
print disabilities in a timely manner.
(7) Information for State educational agency
The local educational agency shall provide the State
educational agency with information necessary to enable the State
educational agency to carry out its duties under this subchapter,
including, with respect to paragraphs (15) and (16) of section
1412(a) of this title, information relating to the performance of
children with disabilities participating in programs carried out
under this subchapter.
(8) Public information
The local educational agency shall make available to parents of
children with disabilities and to the general public all
documents relating to the eligibility of such agency under this
subchapter.
(9) Records regarding migratory children with disabilities
The local educational agency shall cooperate in the Secretary's
efforts under section 1308 of the Elementary and Secondary
Education Act of 1965 [20 U.S.C. 6398] to ensure the linkage of
records pertaining to migratory children with a disability for
the purpose of electronically exchanging, among the States,
health and educational information regarding such children.
(b) Exception for prior local plans
(1) In general
If a local educational agency or State agency has on file with
the State educational agency policies and procedures that
demonstrate that such local educational agency, or such State
agency, as the case may be, meets any requirement of subsection
(a), including any policies and procedures filed under this
subchapter as in effect before the effective date of the
Individuals with Disabilities Education Improvement Act of 2004,
the State educational agency shall consider such local
educational agency or State agency, as the case may be, to have
met such requirement for purposes of receiving assistance under
this subchapter.
(2) Modification made by local educational agency
Subject to paragraph (3), an application submitted by a local
educational agency in accordance with this section shall remain
in effect until the local educational agency submits to the State
educational agency such modifications as the local educational
agency determines necessary.
(3) Modifications required by State educational agency
If, after the effective date of the Individuals with
Disabilities Education Improvement Act of 2004, the provisions of
this chapter are amended (or the regulations developed to carry
out this chapter are amended), there is a new interpretation of
this chapter by Federal or State courts, or there is an official
finding of noncompliance with Federal or State law or
regulations, then the State educational agency may require a
local educational agency to modify its application only to the
extent necessary to ensure the local educational agency's
compliance with this subchapter or State law.
(c) Notification of local educational agency or State agency in
case of ineligibility
If the State educational agency determines that a local
educational agency or State agency is not eligible under this
section, then the State educational agency shall notify the local
educational agency or State agency, as the case may be, of that
determination and shall provide such local educational agency or
State agency with reasonable notice and an opportunity for a
hearing.
(d) Local educational agency compliance
(1) In general
If the State educational agency, after reasonable notice and an
opportunity for a hearing, finds that a local educational agency
or State agency that has been determined to be eligible under
this section is failing to comply with any requirement described
in subsection (a), the State educational agency shall reduce or
shall not provide any further payments to the local educational
agency or State agency until the State educational agency is
satisfied that the local educational agency or State agency, as
the case may be, is complying with that requirement.
(2) Additional requirement
Any State agency or local educational agency in receipt of a
notice described in paragraph (1) shall, by means of public
notice, take such measures as may be necessary to bring the
pendency of an action pursuant to this subsection to the
attention of the public within the jurisdiction of such agency.
(3) Consideration
In carrying out its responsibilities under paragraph (1), the
State educational agency shall consider any decision made in a
hearing held under section 1415 of this title that is adverse to
the local educational agency or State agency involved in that
decision.
(e) Joint establishment of eligibility
(1) Joint establishment
(A) In general
A State educational agency may require a local educational
agency to establish its eligibility jointly with another local
educational agency if the State educational agency determines
that the local educational agency will be ineligible under this
section because the local educational agency will not be able
to establish and maintain programs of sufficient size and scope
to effectively meet the needs of children with disabilities.
(B) Charter school exception
A State educational agency may not require a charter school
that is a local educational agency to jointly establish its
eligibility under subparagraph (A) unless the charter school is
explicitly permitted to do so under the State's charter school
law.
(2) Amount of payments
If a State educational agency requires the joint establishment
of eligibility under paragraph (1), the total amount of funds
made available to the affected local educational agencies shall
be equal to the sum of the payments that each such local
educational agency would have received under section 1411(f) of
this title if such agencies were eligible for such payments.
(3) Requirements
Local educational agencies that establish joint eligibility
under this subsection shall -
(A) adopt policies and procedures that are consistent with
the State's policies and procedures under section 1412(a) of
this title; and
(B) be jointly responsible for implementing programs that
receive assistance under this subchapter.
(4) Requirements for educational service agencies
(A) In general
If an educational service agency is required by State law to
carry out programs under this subchapter, the joint
responsibilities given to local educational agencies under this
subsection shall -
(i) not apply to the administration and disbursement of any
payments received by that educational service agency; and
(ii) be carried out only by that educational service
agency.
(B) Additional requirement
Notwithstanding any other provision of this subsection, an
educational service agency shall provide for the education of
children with disabilities in the least restrictive
environment, as required by section 1412(a)(5) of this title.
(f) Early intervening services
(1) In general
A local educational agency may not use more than 15 percent of
the amount such agency receives under this subchapter for any
fiscal year, less any amount reduced by the agency pursuant to
subsection (a)(2)(C), if any, in combination with other amounts
(which may include amounts other than education funds), to
develop and implement coordinated, early intervening services,
which may include interagency financing structures, for students
in kindergarten through grade 12 (with a particular emphasis on
students in kindergarten through grade 3) who have not been
identified as needing special education or related services but
who need additional academic and behavioral support to succeed in
a general education environment.
(2) Activities
In implementing coordinated, early intervening services under
this subsection, a local educational agency may carry out
activities that include -
(A) professional development (which may be provided by
entities other than local educational agencies) for teachers
and other school staff to enable such personnel to deliver
scientifically based academic instruction and behavioral
interventions, including scientifically based literacy
instruction, and, where appropriate, instruction on the use of
adaptive and instructional software; and
(B) providing educational and behavioral evaluations,
services, and supports, including scientifically based literacy
instruction.
(3) Construction
Nothing in this subsection shall be construed to limit or
create a right to a free appropriate public education under this
subchapter.
(4) Reporting
Each local educational agency that develops and maintains
coordinated, early intervening services under this subsection
shall annually report to the State educational agency on -
(A) the number of students served under this subsection; and
(B) the number of students served under this subsection who
subsequently receive special education and related services
under this chapter during the preceding 2-year period.
(5) Coordination with Elementary and Secondary Education Act of
1965
Funds made available to carry out this subsection may be used
to carry out coordinated, early intervening services aligned with
activities funded by, and carried out under, the Elementary and
Secondary Education Act of 1965 [20 U.S.C. 6301 et seq.] if such
funds are used to supplement, and not supplant, funds made
available under the Elementary and Secondary Education Act of
1965 for the activities and services assisted under this
subsection.
(g) Direct services by the State educational agency
(1) In general
A State educational agency shall use the payments that would
otherwise have been available to a local educational agency or to
a State agency to provide special education and related services
directly to children with disabilities residing in the area
served by that local educational agency, or for whom that State
agency is responsible, if the State educational agency determines
that the local educational agency or State agency, as the case
may be -
(A) has not provided the information needed to establish the
eligibility of such local educational agency or State agency
under this section;
(B) is unable to establish and maintain programs of free
appropriate public education that meet the requirements of
subsection (a);
(C) is unable or unwilling to be consolidated with 1 or more
local educational agencies in order to establish and maintain
such programs; or
(D) has 1 or more children with disabilities who can best be
served by a regional or State program or service delivery
system designed to meet the needs of such children.
(2) Manner and location of education and services
The State educational agency may provide special education and
related services under paragraph (1) in such manner and at such
locations (including regional or State centers) as the State
educational agency considers appropriate. Such education and
services shall be provided in accordance with this subchapter.
(h) State agency eligibility
Any State agency that desires to receive a subgrant for any
fiscal year under section 1411(f) of this title shall demonstrate
to the satisfaction of the State educational agency that -
(1) all children with disabilities who are participating in
programs and projects funded under this subchapter receive a free
appropriate public education, and that those children and their
parents are provided all the rights and procedural safeguards
described in this subchapter; and
(2) the agency meets such other conditions of this section as
the Secretary determines to be appropriate.
(i) Disciplinary information
The State may require that a local educational agency include in
the records of a child with a disability a statement of any current
or previous disciplinary action that has been taken against the
child and transmit such statement to the same extent that such
disciplinary information is included in, and transmitted with, the
student records of nondisabled children. The statement may include
a description of any behavior engaged in by the child that required
disciplinary action, a description of the disciplinary action
taken, and any other information that is relevant to the safety of
the child and other individuals involved with the child. If the
State adopts such a policy, and the child transfers from 1 school
to another, the transmission of any of the child's records shall
include both the child's current individualized education program
and any such statement of current or previous disciplinary action
that has been taken against the child.
(j) State agency flexibility
(1) Adjustment to State fiscal effort in certain fiscal years
For any fiscal year for which the allotment received by a State
under section 1411 of this title exceeds the amount the State
received for the previous fiscal year and if the State in school
year 2003-2004 or any subsequent school year pays or reimburses
all local educational agencies within the State from State
revenue 100 percent of the non-Federal share of the costs of
special education and related services, the State educational
agency, notwithstanding paragraphs (17) and (18) of section
1412(a) of this title and section 1412(b) of this title, may
reduce the level of expenditures from State sources for the
education of children with disabilities by not more than 50
percent of the amount of such excess.
(2) Prohibition
Notwithstanding paragraph (1), if the Secretary determines that
a State educational agency is unable to establish, maintain, or
oversee programs of free appropriate public education that meet
the requirements of this subchapter, or that the State needs
assistance, intervention, or substantial intervention under
section 1416(d)(2)(A) of this title, the Secretary shall prohibit
the State educational agency from exercising the authority in
paragraph (1).
(3) Education activities
If a State educational agency exercises the authority under
paragraph (1), the agency shall use funds from State sources, in
an amount equal to the amount of the reduction under paragraph
(1), to support activities authorized under the Elementary and
Secondary Education Act of 1965 [20 U.S.C. 6301 et seq.] or to
support need based student or teacher higher education programs.
(4) Report
For each fiscal year for which a State educational agency
exercises the authority under paragraph (1), the State
educational agency shall report to the Secretary the amount of
expenditures reduced pursuant to such paragraph and the
activities that were funded pursuant to paragraph (3).
(5) Limitation
Notwithstanding paragraph (1), a State educational agency may
not reduce the level of expenditures described in paragraph (1)
if any local educational agency in the State would, as a result
of such reduction, receive less than 100 percent of the amount
necessary to ensure that all children with disabilities served by
the local educational agency receive a free appropriate public
education from the combination of Federal funds received under
this chapter and State funds received from the State educational
agency.