 
         CHAPTER 33--EDUCATION OF INDIVIDUALS WITH DISABILITIES
 
SUBCHAPTER IV--NATIONAL ACTIVITIES TO IMPROVE EDUCATION OF CHILDREN WITH 
                              DISABILITIES
 
 Part A--State Program Improvement Grants for Children with Disabilities
 
Sec. 1453. Applications


(a) In general

                           (1) Submission

        A State educational agency that desires to receive a grant under 
    this part shall submit to the Secretary an application at such time, 
    in such manner, and including such information as the Secretary may 
    require.

                     (2) State improvement plan

        The application shall include a State improvement plan that--
            (A) is integrated, to the maximum extent possible, with 
        State plans under the Elementary and Secondary Education Act of 
        1965 [20 U.S.C. 6301 et seq.] and the Rehabilitation Act of 1973 
        [29 U.S.C. 701 et seq.], as appropriate; and
            (B) meets the requirements of this section.

(b) Determining child and program needs

                           (1) In general

        Each State improvement plan shall identify those critical 
    aspects of early intervention, general education, and special 
    education programs (including professional development, based on an 
    assessment of State and local needs) that must be improved to enable 
    children with disabilities to meet the goals established by the 
    State under section 1412(a)(16) of this title.

                        (2) Required analyses

        To meet the requirement of paragraph (1), the State improvement 
    plan shall include at least--
            (A) an analysis of all information, reasonably available to 
        the State educational agency, on the performance of children 
        with disabilities in the State, including--
                (i) their performance on State assessments and other 
            performance indicators established for all children, 
            including drop-out rates and graduation rates;
                (ii) their participation in postsecondary education and 
            employment; and
                (iii) how their performance on the assessments and 
            indicators described in clause (i) compares to that of non-
            disabled children;

            (B) an analysis of State and local needs for professional 
        development for personnel to serve children with disabilities 
        that includes, at a minimum--
                (i) the number of personnel providing special education 
            and related services; and
                (ii) relevant information on current and anticipated 
            personnel vacancies and shortages (including the number of 
            individuals described in clause (i) with temporary 
            certification), and on the extent of certification or 
            retraining necessary to eliminate such shortages, that is 
            based, to the maximum extent possible, on existing 
            assessments of personnel needs;

            (C) an analysis of the major findings of the Secretary's 
        most recent reviews of State compliance, as they relate to 
        improving results for children with disabilities; and
            (D) an analysis of other information, reasonably available 
        to the State, on the effectiveness of the State's systems of 
        early intervention, special education, and general education in 
        meeting the needs of children with disabilities.

(c) Improvement strategies

    Each State improvement plan shall--
        (1) describe a partnership agreement that--
            (A) specifies--
                (i) the nature and extent of the partnership among the 
            State educational agency, local educational agencies, and 
            other State agencies involved in, or concerned with, the 
            education of children with disabilities, and the respective 
            roles of each member of the partnership; and
                (ii) how such agencies will work in partnership with 
            other persons and organizations involved in, and concerned 
            with, the education of children with disabilities, including 
            the respective roles of each of these persons and 
            organizations; and

            (B) is in effect for the period of the grant;

        (2) describe how grant funds will be used in undertaking the 
    systemic-change activities, and the amount and nature of funds from 
    any other sources, including part B [subchapter II] funds retained 
    for use at the State level under sections 1411(f) and 1419(d) of 
    this title, that will be committed to the systemic-change 
    activities;
        (3) describe the strategies the State will use to address the 
    needs identified under subsection (b) of this section, including--
            (A) how the State will change State policies and procedures 
        to address systemic barriers to improving results for children 
        with disabilities;
            (B) how the State will hold local educational agencies and 
        schools accountable for educational progress of children with 
        disabilities;
            (C) how the State will provide technical assistance to local 
        educational agencies and schools to improve results for children 
        with disabilities;
            (D) how the State will address the identified needs for in-
        service and pre-service preparation to ensure that all personnel 
        who work with children with disabilities (including both 
        professional and paraprofessional personnel who provide special 
        education, general education, related services, or early 
        intervention services) have the skills and knowledge necessary 
        to meet the needs of children with disabilities, including a 
        description of how--
                (i) the State will prepare general and special education 
            personnel with the content knowledge and collaborative 
            skills needed to meet the needs of children with 
            disabilities, including how the State will work with other 
            States on common certification criteria;
                (ii) the State will prepare professionals and 
            paraprofessionals in the area of early intervention with the 
            content knowledge and collaborative skills needed to meet 
            the needs of infants and toddlers with disabilities;
                (iii) the State will work with institutions of higher 
            education and other entities that (on both a pre-service and 
            an in-service basis) prepare personnel who work with 
            children with disabilities to ensure that those institutions 
            and entities develop the capacity to support quality 
            professional development programs that meet State and local 
            needs;
                (iv) the State will work to develop collaborative 
            agreements with other States for the joint support and 
            development of programs to prepare personnel for which there 
            is not sufficient demand within a single State to justify 
            support or development of such a program of preparation;
                (v) the State will work in collaboration with other 
            States, particularly neighboring States, to address the lack 
            of uniformity and reciprocity in the credentialing of 
            teachers and other personnel;
                (vi) the State will enhance the ability of teachers and 
            others to use strategies, such as behavioral interventions, 
            to address the conduct of children with disabilities that 
            impedes the learning of children with disabilities and 
            others;
                (vii) the State will acquire and disseminate, to 
            teachers, administrators, school board members, and related 
            services personnel, significant knowledge derived from 
            educational research and other sources, and how the State 
            will, when appropriate, adopt promising practices, 
            materials, and technology;
                (viii) the State will recruit, prepare, and retain 
            qualified personnel, including personnel with disabilities 
            and personnel from groups that are underrepresented in the 
            fields of regular education, special education, and related 
            services;
                (ix) the plan is integrated, to the maximum extent 
            possible, with other professional development plans and 
            activities, including plans and activities developed and 
            carried out under other Federal and State laws that address 
            personnel recruitment and training; and
                (x) the State will provide for the joint training of 
            parents and special education, related services, and general 
            education personnel;

            (E) strategies that will address systemic problems 
        identified in Federal compliance reviews, including shortages of 
        qualified personnel;
            (F) how the State will disseminate results of the local 
        capacity-building and improvement projects funded under section 
        1411(f)(4) of this title;
            (G) how the State will address improving results for 
        children with disabilities in the geographic areas of greatest 
        need; and
            (H) how the State will assess, on a regular basis, the 
        extent to which the strategies implemented under this part have 
        been effective; and

        (4) describe how the improvement strategies described in 
    paragraph (3) will be coordinated with public and private sector 
    resources.

(d) Competitive awards

                           (1) In general

        The Secretary shall make grants under this part on a competitive 
    basis.

                            (2) Priority

        The Secretary may give priority to applications on the basis of 
    need, as indicated by such information as the findings of Federal 
    compliance reviews.

(e) Peer review

                           (1) In general

        The Secretary shall use a panel of experts who are competent, by 
    virtue of their training, expertise, or experience, to evaluate 
    applications under this part.

                      (2) Composition of panel

        A majority of a panel described in paragraph (1) shall be 
    composed of individuals who are not employees of the Federal 
    Government.

         (3) Payment of fees and expenses of certain members

        The Secretary may use available funds appropriated to carry out 
    this part to pay the expenses and fees of panel members who are not 
    employees of the Federal Government.

(f) Reporting procedures

    Each State educational agency that receives a grant under this part 
shall submit performance reports to the Secretary pursuant to a schedule 
to be determined by the Secretary, but not more frequently than 
annually. The reports shall describe the progress of the State in 
meeting the performance goals established under section 1412(a)(16) of 
this title, analyze the effectiveness of the State's strategies in 
meeting those goals, and identify any changes in the strategies needed 
to improve its performance.

(Pub. L. 91-230, title VI, Sec. 653, as added Pub. L. 105-17, title I, 
Sec. 101, June 4, 1997, 111 Stat. 125.)

                       References in Text

    The Elementary and Secondary Education Act of 1965, referred to in 
subsec. (a)(2)(A), is Pub. L. 89-10, Apr. 11, 1965, 79 Stat. 27, as 
amended generally by Pub. L. 103-382, title I, Sec. 101, Oct. 20, 1994, 
108 Stat. 3519, which is classified generally to chapter 70 (Sec. 6301 
et seq.) of this title. For complete classification of this Act to the 
Code, see Short Title note set out under section 6301 of this title and 
Tables.
    The Rehabilitation Act of 1973, referred to in subsec. (a)(2)(A), is 
Pub. L. 93-112, Sept. 26, 1973, 87 Stat. 355, as amended, which is 
classified generally to chapter 16 (Sec. 701 et seq.) of Title 29, 
Labor. For complete classification of this Act to the Code, see Short 
Title note set out under section 701 of Title 29 and Tables.


                            Prior Provisions

    A prior section 1453, Pub. L. 91-230, title VI, Sec. 653, Apr. 13, 
1970, 84 Stat. 187; Pub. L. 94-142, Sec. 6(b), Nov. 29, 1975, 89 Stat. 
795; Pub. L. 99-386, title II, Sec. 204, Aug. 22, 1986, 100 Stat. 823, 
related to establishment and operation of centers on educational media 
and materials for handicapped, prior to repeal by Pub. L. 99-457, title 
III, Sec. 316, Oct. 8, 1986, 100 Stat. 1171.

                  Section Referred to in Other Sections

    This section is referred to in sections 1412, 1413 of this title.
