20 U.S.C. § 4304 : US Code - Section 4304: Elementary and secondary education programs

Search 20 U.S.C. § 4304 : US Code - Section 4304: Elementary and secondary education programs

(a) General authority
(1)(A) The Board of Trustees of Gallaudet University is
authorized, in accordance with the agreement under section 4305 of
this title, to maintain and operate exemplary elementary and
secondary education programs, projects, and activities for the
primary purpose of developing, evaluating, and disseminating
innovative curricula, instructional techniques and strategies, and
materials that can be used in various educational environments
serving individuals who are deaf or hard of hearing throughout the
Nation.
(B) The elementary and secondary education programs described in
subparagraph (A) shall serve students with a broad spectrum of
needs, including students who are lower achieving academically, who
come from non-English-speaking homes, who have secondary
disabilities, who are members of minority groups, or who are from
rural areas.
(C) The elementary and secondary education programs described in
subparagraph (A) shall include -
(i) the Kendall Demonstration Elementary School, to provide day
facilities for elementary education for students who are deaf
from the age of onset of deafness to age fifteen, inclusive, but
not beyond the eighth grade or its equivalent, to provide such
students with the vocational, transitional, independent living,
and related services they need to function independently, and to
prepare such students for high school and other secondary study;
and
(ii) the Model Secondary School for the Deaf, to provide day
and residential facilities for secondary education for students
who are deaf from grades nine through twelve, inclusive, to
provide such students with the vocational, transitional,
independent living, and related services they need to function
independently, and to prepare such students for college, other
postsecondary opportunities, or the workplace.
(2) The Model Secondary School for the Deaf may provide
residential facilities for students enrolled in the school -
(A) who live beyond a reasonable commuting distance from the
school; or
(B) for whom such residency is necessary for them to receive a
free appropriate public education within the meaning of part B of
the Individuals with Disabilities Education Act [20 U.S.C. 1411
et seq.].
(b) Administrative requirements
(1) The elementary and secondary education programs shall -
(A) provide technical assistance and outreach throughout the
Nation to meet the training and information needs of parents of
infants, children, and youth who are deaf or hard of hearing; and
(B) provide technical assistance and training to personnel for
use in teaching (i) students who are deaf or hard of hearing, in
various educational environments, and (ii) students who are deaf
or hard of hearing with a broad spectrum of needs as described in
subsection (a) of this section.
(2) To the extent possible, the elementary and secondary
education programs shall provide the services required under
paragraph (1)(B) in an equitable manner, based on the national
distribution of students who are deaf or hard of hearing in
educational environments as determined by the Secretary for
purposes of section 618(a)(1) of the Individuals with Disabilities
Education Act [20 U.S.C. 1418(a)(1)]. Such educational environments
shall include -
(A) regular classes;
(B) resource rooms;
(C) separate classes;
(D) separate, public or private, nonresidential schools; and
(E) separate, public or private, residential schools and
homebound or hospital environments.
(3) If a local educational agency, educational service agency, or
State educational agency refers a child to, or places a child in,
one of the elementary or secondary education programs to meet its
obligation to make available a free appropriate public education
under part B of the Individuals with Disabilities Education Act [20
U.S.C. 1411 et seq.], the agency or unit shall be responsible for
ensuring that the special education and related services provided
to the child by the education program are in accordance with part B
of that Act and that the child is provided the rights and
procedural safeguards under section 615 of that Act [20 U.S.C.
1415].
(4) If the parents or guardian places a child in one of the
elementary or secondary education programs, the University shall -
(A) notify the appropriate local educational agency,
educational service agency, or State educational agency of that
child's attendance in the program;
(B) work with local educational agencies, educational service
agencies, and State educational agencies, where appropriate, to
ensure a smooth transfer of the child to and from that program;
and
(C) provide the child a free appropriate public education in
accordance with part B of the Individuals with Disabilities
Education Act [20 U.S.C. 1411 et seq.] and procedural safeguards
in accordance with the following provisions of section 615 of
such Act [20 U.S.C. 1415]:
(i) Paragraphs (1), and (3) through (6) of subsection (b).
(ii) Subsections (c) through (g).
(iii) Subsection (h), except for the matter in paragraph (4)
pertaining to transmission of findings and decisions to a State
advisory panel.
(iv) Paragraphs (1) and (2) of subsection (i).
(v) Subsection (j) -
(I) except that such subsection shall not be applicable to
a decision by the University to refuse to admit a child; or
(II) to dismiss a child, except that, before dismissing any
child, the University shall give at least 60 days written
notice to the child's parents and to the local educational
agency in which the child resides, unless the dismissal
involves a suspension, expulsion, or other change in
placement covered under section 615(k) [20 U.S.C. 1415(k)].
(vi) Subsections (k) through (m).