20 U.S.C. § 1419 : US Code - Section 1419: Preschool grants

Search 20 U.S.C. § 1419 : US Code - Section 1419: Preschool grants

(a) In general
The Secretary shall provide grants under this section to assist
States to provide special education and related services, in
accordance with this subchapter -
(1) to children with disabilities aged 3 through 5, inclusive;
and
(2) at the State's discretion, to 2-year-old children with
disabilities who will turn 3 during the school year.
(b) Eligibility
A State shall be eligible for a grant under this section if such
State -
(1) is eligible under section 1412 of this title to receive a
grant under this subchapter; and
(2) makes a free appropriate public education available to all
children with disabilities, aged 3 through 5, residing in the
State.
(c) Allocations to States
(1) In general
The Secretary shall allocate the amount made available to carry
out this section for a fiscal year among the States in accordance
with paragraph (2) or (3), as the case may be.
(2) Increase in funds
If the amount available for allocations to States under
paragraph (1) for a fiscal year is equal to or greater than the
amount allocated to the States under this section for the
preceding fiscal year, those allocations shall be calculated as
follows:
(A) Allocation
(i) In general
Except as provided in subparagraph (B), the Secretary shall
-
(I) allocate to each State the amount the State received
under this section for fiscal year 1997;
(II) allocate 85 percent of any remaining funds to States
on the basis of the States' relative populations of
children aged 3 through 5; and
(III) allocate 15 percent of those remaining funds to
States on the basis of the States' relative populations of
all children aged 3 through 5 who are living in poverty.
(ii) Data
For the purpose of making grants under this paragraph, the
Secretary shall use the most recent population data,
including data on children living in poverty, that are
available and satisfactory to the Secretary.
(B) Limitations
Notwithstanding subparagraph (A), allocations under this
paragraph shall be subject to the following:
(i) Preceding years
No State's allocation shall be less than its allocation
under this section for the preceding fiscal year.
(ii) Minimum
No State's allocation shall be less than the greatest of -
(I) the sum of -
(aa) the amount the State received under this section
for fiscal year 1997; and
(bb) 1/3 of 1 percent of the amount by which the
amount appropriated under subsection (j) for the fiscal
year exceeds the amount appropriated for this section for
fiscal year 1997;
(II) the sum of -
(aa) the amount the State received under this section
for the preceding fiscal year; and
(bb) that amount multiplied by the percentage by which
the increase in the funds appropriated under this 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 under 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 reductions
If the amount available for allocations under this paragraph
is insufficient to pay those allocations in full, those
allocations shall be ratably reduced, subject to subparagraph
(B)(i).
(3) Decrease in funds
If the amount available for allocations to States under
paragraph (1) for a fiscal year is less than the amount allocated
to the States under this section for the preceding fiscal year,
those allocations shall be calculated as follows:
(A) Allocations
If the amount available for allocations is greater than the
amount allocated to the States for fiscal year 1997, each State
shall be allocated the sum of -
(i) the amount the State received under this section for
fiscal year 1997; and
(ii) an amount that bears the same relation to any
remaining funds as the increase the State received under this
section for the preceding fiscal year over fiscal year 1997
bears to the total of all such increases for all States.
(B) Ratable reductions
If the amount available for allocations is equal to or less
than the amount allocated to the States for fiscal year 1997,
each State shall be allocated the amount the State received for
fiscal year 1997, ratably reduced, if necessary.
(d) Reservation for State activities
(1) In general
Each State may reserve not more than the amount described in
paragraph (2) for administration and other State-level activities
in accordance with subsections (e) and (f).
(2) Amount described
For each fiscal year, the Secretary shall determine and report
to the State educational agency an amount that is 25 percent of
the amount the State received under this section for fiscal year
1997, cumulatively adjusted by the Secretary for each succeeding
fiscal year by the lesser of -
(A) the percentage increase, if any, from the preceding
fiscal year in the State's allocation under this section; or
(B) 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.
(e) State administration
(1) In general
For the purpose of administering this section (including the
coordination of activities under this subchapter with, and
providing technical assistance to, other programs that provide
services to children with disabilities) a State may use not more
than 20 percent of the maximum amount the State may reserve under
subsection (d) for any fiscal year.
(2) Administration of subchapter III
Funds described in paragraph (1) may also be used for the
administration of subchapter III.
(f) Other State-level activities
Each State shall use any funds the State reserves under
subsection (d) and does not use for administration under subsection
(e) -
(1) for support services (including establishing and
implementing the mediation process required by section 1415(e) of
this title), which may benefit children with disabilities younger
than 3 or older than 5 as long as those services also benefit
children with disabilities aged 3 through 5;
(2) for direct services for children eligible for services
under this section;
(3) for activities at the State and local levels to meet the
performance goals established by the State under section
1412(a)(15) of this title;
(4) to supplement other funds used to develop and implement a
statewide coordinated services system designed to improve results
for children and families, including children with disabilities
and their families, but not more than 1 percent of the amount
received by the State under this section for a fiscal year;
(5) to provide early intervention services (which shall include
an educational 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 this section and who previously
received services under subchapter III until such children enter,
or are eligible under State law to enter, kindergarten; or
(6) at the State's discretion, to continue service coordination
or case management for families who receive services under
subchapter III.
(g) Subgrants to local educational agencies
(1) Subgrants required
Each State that receives a grant under this section for any
fiscal year shall distribute all of the grant funds that the
State does not reserve under subsection (d) to local educational
agencies in the State that have established their eligibility
under section 1413 of this title, as follows:
(A) Base payments
The State shall first award each local educational agency
described in paragraph (1) the amount that agency would have
received under this section for fiscal year 1997 if the State
had distributed 75 percent of its grant for that year under
section 1419(c)(3) of this title, as such section was then in
effect.
(B) Allocation of remaining funds
After making allocations under 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.
(2) Reallocation of funds
If a State educational agency determines that a local
educational agency is adequately providing a free appropriate
public education to all children with disabilities aged 3 through
5 residing in the area served by the local educational agency
with State and local funds, the State educational agency may
reallocate any portion of the funds under this section that are
not needed by that local educational agency to provide a free
appropriate public education to other local educational agencies
in the State that are not adequately providing special education
and related services to all children with disabilities aged 3
through 5 residing in the areas the other local educational
agencies serve.
(h) Subchapter III inapplicable
Subchapter III does not apply to any child with a disability
receiving a free appropriate public education, in accordance with
this subchapter, with funds received under this section.
(i) State defined
In this section, the term "State" means each of the 50 States,
the District of Columbia, and the Commonwealth of Puerto Rico.
(j) Authorization of appropriations
There are authorized to be appropriated to carry out this section
such sums as may be necessary.