20 U.S.C. § 1443 : US Code - Section 1443: Allocation of funds

Search 20 U.S.C. § 1443 : US Code - Section 1443: Allocation of funds

(a) Reservation of funds for outlying areas
(1) In general
From the sums appropriated to carry out this subchapter for any
fiscal year, the Secretary may reserve not more than 1 percent
for payments to Guam, American Samoa, the United States Virgin
Islands, and the Commonwealth of the Northern Mariana Islands in
accordance with their respective needs for assistance under this
subchapter.
(2) Consolidation of funds
The provisions of Public Law 95-134, permitting the
consolidation of grants to the outlying areas, shall not apply to
funds those areas receive under this subchapter.
(b) Payments to Indians
(1) In general
The Secretary shall, subject to this subsection, make payments
to the Secretary of the Interior to be distributed to tribes,
tribal organizations (as defined under section 450b of title 25),
or consortia of the above entities for the coordination of
assistance in the provision of early intervention services by the
States to infants and toddlers with disabilities and their
families 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 payment for any
fiscal year shall be 1.25 percent of the aggregate of the amount
available to all States under this subchapter for such fiscal
year.
(2) Allocation
For each fiscal year, the Secretary of the Interior shall
distribute the entire payment received under paragraph (1) by
providing to each tribe, tribal organization, or consortium an
amount based on the number of infants and toddlers residing on
the reservation, as determined annually, divided by the total of
such children served by all tribes, tribal organizations, or
consortia.
(3) Information
To receive a payment under this subsection, the tribe, tribal
organization, or consortium shall submit such information to the
Secretary of the Interior as is needed to determine the amounts
to be distributed under paragraph (2).
(4) Use of funds
The funds received by a tribe, tribal organization, or
consortium shall be used to assist States in child find,
screening, and other procedures for the early identification of
Indian children under 3 years of age and for parent training.
Such funds may also be used to provide early intervention
services in accordance with this subchapter. Such activities may
be carried out directly or through contracts or cooperative
agreements with the Bureau of Indian Affairs, local educational
agencies, and other public or private nonprofit organizations.
The tribe, tribal organization, or consortium is encouraged to
involve Indian parents in the development and implementation of
these activities. The above entities shall, as appropriate, make
referrals to local, State, or Federal entities for the provision
of services or further diagnosis.
(5) Reports
To be eligible to receive a payment under paragraph (2), a
tribe, tribal organization, or consortium shall make a biennial
report to the Secretary of the Interior of activities undertaken
under this subsection, including the number of contracts and
cooperative agreements entered into, the number of infants and
toddlers contacted and receiving services for each year, and the
estimated number of infants and toddlers 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 to the Secretary of Education
along with such other information as required under section
1411(h)(3)(E) of this title. The Secretary of Education may
require any additional information from the Secretary of the
Interior.
(6) Prohibited uses of funds
None of the funds under this subsection may be used by the
Secretary of the Interior for administrative purposes, including
child count, and the provision of technical assistance.
(c) State allotments
(1) In general
Except as provided in paragraphs (2) and (3), from the funds
remaining for each fiscal year after the reservation and payments
under subsections (a), (b), and (e), the Secretary shall first
allot to each State an amount that bears the same ratio to the
amount of such remainder as the number of infants and toddlers in
the State bears to the number of infants and toddlers in all
States.
(2) Minimum allotments
Except as provided in paragraph (3), no State shall receive an
amount under this section for any fiscal year that is less than
the greater of -
(A) 1/2 of 1 percent of the remaining amount described in
paragraph (1); or
(B) $500,000.
(3) Ratable reduction
(A) In general
If the sums made available under this subchapter for any
fiscal year are insufficient to pay the full amounts that all
States are eligible to receive under this subsection for such
year, the Secretary shall ratably reduce the allotments to such
States for such year.
(B) Additional funds
If additional funds become available for making payments
under this subsection for a fiscal year, allotments that were
reduced under subparagraph (A) shall be increased on the same
basis the allotments were reduced.
(4) Definitions
In this subsection -
(A) the terms "infants" and "toddlers" mean children under 3
years of age; and
(B) the term "State" means each of the 50 States, the
District of Columbia, and the Commonwealth of Puerto Rico.
(d) Reallotment of funds
If a State elects not to receive its allotment under subsection
(c), the Secretary shall reallot, among the remaining States,
amounts from such State in accordance with such subsection.
(e) Reservation for State incentive grants
(1) In general
For any fiscal year for which the amount appropriated pursuant
to the authorization of appropriations under section 1444 of this
title exceeds $460,000,000, the Secretary shall reserve 15
percent of such appropriated amount to provide grants to States
that are carrying out the policy described in section 1435(c) of
this title in order to facilitate the implementation of such
policy.
(2) Amount of grant
(A) In general
Notwithstanding paragraphs (2) and (3) of subsection (c), the
Secretary shall provide a grant to each State under paragraph
(1) in an amount that bears the same ratio to the amount
reserved under such paragraph as the number of infants and
toddlers in the State bears to the number of infants and
toddlers in all States receiving grants under such paragraph.
(B) Maximum amount
No State shall receive a grant under paragraph (1) for any
fiscal year in an amount that is greater than 20 percent of the
amount reserved under such paragraph for the fiscal year.
(3) Carryover of amounts
(A) First succeeding fiscal year
Pursuant to section 1225(b) of this title, amounts under a
grant provided under paragraph (1) that are not obligated and
expended prior to the beginning of the first fiscal year
succeeding the fiscal year for which such amounts were
appropriated shall remain available for obligation and
expenditure during such first succeeding fiscal year.
(B) Second succeeding fiscal year
Amounts under a grant provided under paragraph (1) that are
not obligated and expended prior to the beginning of the second
fiscal year succeeding the fiscal year for which such amounts
were appropriated shall be returned to the Secretary and used
to make grants to States under section 1433 of this title (from
their allotments under this section) during such second
succeeding fiscal year.