 
         CHAPTER 33--EDUCATION OF INDIVIDUALS WITH DISABILITIES
 
SUBCHAPTER IV--NATIONAL ACTIVITIES TO IMPROVE EDUCATION OF CHILDREN WITH 
                              DISABILITIES
 
     Part B--Coordinated Research, Personnel Preparation, Technical 
          Assistance, Support, and Dissemination of Information
 
Sec. 1461. Administrative provisions


(a) Comprehensive plan

                           (1) In general

        The Secretary shall develop and implement a comprehensive plan 
    for activities carried out under this part in order to enhance the 
    provision of educational, related, transitional, and early 
    intervention services to children with disabilities under 
    subchapters II and III of this chapter. The plan shall include 
    mechanisms to address educational, related services, transitional, 
    and early intervention needs identified by State educational 
    agencies in applications submitted for State program improvement 
    grants under part A of this subchapter.

                (2) Participants in plan development

        In developing the plan described in paragraph (1), the Secretary 
    shall consult with--
            (A) individuals with disabilities;
            (B) parents of children with disabilities;
            (C) appropriate professionals; and
            (D) representatives of State and local educational agencies, 
        private schools, institutions of higher education, other Federal 
        agencies, the National Council on Disability, and national 
        organizations with an interest in, and expertise in, providing 
        services to children with disabilities and their families.

                         (3) Public comment

        The Secretary shall take public comment on the plan.

                      (4) Distribution of funds

        In implementing the plan, the Secretary shall, to the extent 
    appropriate, ensure that funds are awarded to recipients under this 
    part to carry out activities that benefit, directly or indirectly, 
    children with disabilities of all ages.

                       (5) Reports to Congress

        The Secretary shall periodically report to the Congress on the 
    Secretary's activities under this subsection, including an initial 
    report not later than the date that is 18 months after June 4, 1997.

(b) Eligible applicants

                           (1) In general

        Except as otherwise provided in this part, the following 
    entities are eligible to apply for a grant, contract, or cooperative 
    agreement under this part:
            (A) A State educational agency.
            (B) A local educational agency.
            (C) An institution of higher education.
            (D) Any other public agency.
            (E) A private nonprofit organization.
            (F) An outlying area.
            (G) An Indian tribe or a tribal organization (as defined 
        under section 450b of title 25).
            (H) A for-profit organization, if the Secretary finds it 
        appropriate in light of the purposes of a particular competition 
        for a grant, contract, or cooperative agreement under this part.

                          (2) Special rule

        The Secretary may limit the entities eligible for an award of a 
    grant, contract, or cooperative agreement to one or more categories 
    of eligible entities described in paragraph (1).

(c) Use of funds by Secretary

    Notwithstanding any other provision of law, and in addition to any 
authority granted the Secretary under subpart 1 of this part or subpart 
2 of this part, the Secretary may use up to 20 percent of the funds 
available under either subpart 1 of this part or subpart 2 of this part 
for any fiscal year to carry out any activity, or combination of 
activities, subject to such conditions as the Secretary determines are 
appropriate effectively to carry out the purposes of such subparts, 
that--
        (1) is consistent with the purposes of subpart 1 of this part, 
    subpart 2 of this part, or both; and
        (2) involves--
            (A) research;
            (B) personnel preparation;
            (C) parent training and information;
            (D) technical assistance and dissemination;
            (E) technology development, demonstration, and utilization; 
        or
            (F) media services.

(d) Special populations

                     (1) Application requirement

        In making an award of a grant, contract, or cooperative 
    agreement under this part, the Secretary shall, as appropriate, 
    require an applicant to demonstrate how the applicant will address 
    the needs of children with disabilities from minority backgrounds.

                (2) Outreach and technical assistance

        (A) Requirement

            Notwithstanding any other provision of this chapter, the 
        Secretary shall ensure that at least one percent of the total 
        amount of funds appropriated to carry out this part is used for 
        either or both of the following activities:
                (i) To provide outreach and technical assistance to 
            Historically Black Colleges and Universities, and to 
            institutions of higher education with minority enrollments 
            of at least 25 percent, to promote the participation of such 
            colleges, universities, and institutions in activities under 
            this part.
                (ii) To enable Historically Black Colleges and 
            Universities, and the institutions described in clause (i), 
            to assist other colleges, universities, institutions, and 
            agencies in improving educational and transitional results 
            for children with disabilities.

        (B) Reservation of funds

            The Secretary may reserve funds appropriated under this part 
        to satisfy the requirement of subparagraph (A).

(e) Priorities

                           (1) In general

        Except as otherwise explicitly authorized in this part, the 
    Secretary shall ensure that a grant, contract, or cooperative 
    agreement under subpart 1 or 2 of this part is awarded only--
            (A) for activities that are designed to benefit children 
        with disabilities, their families, or the personnel employed to 
        work with such children or their families; or
            (B) to benefit other individuals with disabilities that such 
        subpart is intended to benefit.

               (2) Priority for particular activities

        Subject to paragraph (1), the Secretary, in making an award of a 
    grant, contract, or cooperative agreement under this part, may, 
    without regard to the rule making procedures under section 553 of 
    title 5, limit competitions to, or otherwise give priority to--
            (A) projects that address one or more--
                (i) age ranges;
                (ii) disabilities;
                (iii) school grades;
                (iv) types of educational placements or early 
            intervention environments;
                (v) types of services;
                (vi) content areas, such as reading; or
                (vii) effective strategies for helping children with 
            disabilities learn appropriate behavior in the school and 
            other community-based educational settings;

            (B) projects that address the needs of children based on the 
        severity of their disability;
            (C) projects that address the needs of--
                (i) low-achieving students;
                (ii) underserved populations;
                (iii) children from low-income families;
                (iv) children with limited English proficiency;
                (v) unserved and underserved areas;
                (vi) particular types of geographic areas; or
                (vii) children whose behavior interferes with their 
            learning and socialization;

            (D) projects to reduce inappropriate identification of 
        children as children with disabilities, particularly among 
        minority children;
            (E) projects that are carried out in particular areas of the 
        country, to ensure broad geographic coverage; and
            (F) any activity that is expressly authorized in subpart 1 
        or 2 of this part.

(f) Applicant and recipient responsibilities

             (1) Development and assessment of projects

        The Secretary shall require that an applicant for, and a 
    recipient of, a grant, contract, or cooperative agreement for a 
    project under this part--
            (A) involve individuals with disabilities or parents of 
        individuals with disabilities in planning, implementing, and 
        evaluating the project; and
            (B) where appropriate, determine whether the project has any 
        potential for replication and adoption by other entities.

                   (2) Additional responsibilities

        The Secretary may require a recipient of a grant, contract, or 
    cooperative agreement for a project under this part--
            (A) to share in the cost of the project;
            (B) to prepare the research and evaluation findings and 
        products from the project in formats that are useful for 
        specific audiences, including parents, administrators, teachers, 
        early intervention personnel, related services personnel, and 
        individuals with disabilities;
            (C) to disseminate such findings and products; and
            (D) to collaborate with other such recipients in carrying 
        out subparagraphs (B) and (C).

(g) Application management

                         (1) Standing panel

        (A) In general

            The Secretary shall establish and use a standing panel of 
        experts who are competent, by virtue of their training, 
        expertise, or experience, to evaluate applications under this 
        part that, individually, request more than $75,000 per year in 
        Federal financial assistance.

        (B) Membership

            The standing panel shall include, at a minimum--
                (i) individuals who are representatives of institutions 
            of higher education that plan, develop, and carry out 
            programs of personnel preparation;
                (ii) individuals who design and carry out programs of 
            research targeted to the improvement of special education 
            programs and services;
                (iii) individuals who have recognized experience and 
            knowledge necessary to integrate and apply research findings 
            to improve educational and transitional results for children 
            with disabilities;
                (iv) individuals who administer programs at the State or 
            local level in which children with disabilities participate;
                (v) individuals who prepare parents of children with 
            disabilities to participate in making decisions about the 
            education of their children;
                (vi) individuals who establish policies that affect the 
            delivery of services to children with disabilities;
                (vii) individuals who are parents of children with 
            disabilities who are benefiting, or have benefited, from 
            coordinated research, personnel preparation, and technical 
            assistance; and
                (viii) individuals with disabilities.

        (C) Training

            The Secretary shall provide training to the individuals who 
        are selected as members of the standing panel under this 
        paragraph.

        (D) Term

            No individual shall serve on the standing panel for more 
        than 3 consecutive years, unless the Secretary determines that 
        the individual's continued participation is necessary for the 
        sound administration of this part.

         (2) Peer-review panels for particular competitions

        (A) Composition

            The Secretary shall ensure that each sub-panel selected from 
        the standing panel that reviews applications under this part 
        includes--
                (i) individuals with knowledge and expertise on the 
            issues addressed by the activities authorized by the \1\ 
            part; and
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                (ii) to the extent practicable, parents of children with 
            disabilities, individuals with disabilities, and persons 
            from diverse backgrounds.

        (B) Federal employment limitation

            A majority of the individuals on each sub-panel that reviews 
        an application under this part shall be individuals who are not 
        employees of the Federal Government.

     (3) Use of discretionary funds for administrative purposes

        (A) Expenses and fees of non-Federal panel members

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

        (B) Administrative support

            The Secretary may use not more than 1 percent of the funds 
        appropriated to carry out this part to pay non-Federal entities 
        for administrative support related to management of applications 
        submitted under this part.

        (C) Monitoring

            The Secretary may use funds available under this part to pay 
        the expenses of Federal employees to conduct on-site monitoring 
        of projects receiving $500,000 or more for any fiscal year under 
        this part.

(h) Program evaluation

    The Secretary may use funds appropriated to carry out this part to 
evaluate activities carried out under the \1\ part.

(i) Minimum funding required

                           (1) In general

        Subject to paragraph (2), the Secretary shall ensure that, for 
    each fiscal year, at least the following amounts are provided under 
    this part to address the following needs:
            (A) $12,832,000 to address the educational, related 
        services, transitional, and early intervention needs of children 
        with deaf-blindness.
            (B) $4,000,000 to address the postsecondary, vocational, 
        technical, continuing, and adult education needs of individuals 
        with deafness.
            (C) $4,000,000 to address the educational, related services, 
        and transitional needs of children with an emotional disturbance 
        and those who are at risk of developing an emotional 
        disturbance.

                        (2) Ratable reduction

        If the total amount appropriated to carry out sections 1472, 
    1473, and 1485 of this title for any fiscal year is less than 
    $130,000,000, the amounts listed in paragraph (1) shall be ratably 
    reduced.

(j) Eligibility for financial assistance

    Effective for fiscal years for which the Secretary may make grants 
under section 1419(b) of this title, no State or local educational 
agency or educational service agency or other public institution or 
agency may receive a grant under this part which relates exclusively to 
programs, projects, and activities pertaining to children aged 3 through 
5, inclusive, unless the State is eligible to receive a grant under 
section 1419(b) of this title.

(Pub. L. 91-230, title VI, Sec. 661, as added Pub. L. 105-17, title I, 
Sec. 101, June 4, 1997, 111 Stat. 130.)


                            Prior Provisions

    A prior section 1461, Pub. L. 91-230, title VI, Sec. 661, as added 
Pub. L. 99-457, title III, Sec. 317, Oct. 8, 1986, 100 Stat. 1172; 
amended Pub. L. 100-630, title I, Sec. 107(b), Nov. 7, 1988, 102 Stat. 
3301; Pub. L. 101-476, title VII, Sec. 701, title IX, Sec. 901(b)(154)-
(156), Oct. 30, 1990, 104 Stat. 1140, 1149; Pub. L. 102-119, 
Sec. 25(a)(15), (b), Oct. 7, 1991, 105 Stat. 606, 607, related to 
financial assistance for the purpose of advancing use of new technology, 
media, and materials in education of students with disabilities and 
provision of related services and early intervention services to infants 
and toddlers with disabilities, prior to repeal by Pub. L. 105-17, title 
II, Sec. 203(c), June 4, 1997, 111 Stat. 157, effective Oct. 1, 1997.
    Another prior section 1461, Pub. L. 91-230, title VI, Sec. 661, Apr. 
13, 1970, 84 Stat. 187; Pub. L. 93-380, title VI, Sec. 621, Aug. 21, 
1974, 88 Stat. 585; Pub. L. 98-199, Sec. 3(b), Dec. 2, 1983, 97 Stat. 
1358, related to research, training, and model centers respecting 
special programs for children with specific learning disabilities, 
providing in subsec. (a), Secretary's grant and contract authority, 
functions of model centers, and considerations governing making of 
contracts and grants; subsec. (b), other considerations in making 
awards, geographical distribution of training programs and trained 
personnel, and a model center in each State; and subsec. (c), 
appropriations authorization of $10, $20, and $20 million dollars for 
fiscal years ending June 30, 1975 through 1977, respectively, prior to 
repeal by Pub. L. 98-199, Sec. 14, Dec. 2, 1983, 97 Stat. 1374.
    A prior section 1462, Pub. L. 91-230, title VI, Sec. 662, as added 
Pub. L. 99-457, title III, Sec. 317, Oct. 8, 1986, 100 Stat. 1172; 
amended Pub. L. 101-476, title VII, Sec. 702, Oct. 30, 1990, 104 Stat. 
1141, authorized appropriations, prior to repeal by Pub. L. 105-17, 
title II, Sec. 203(c), June 4, 1997, 111 Stat. 157, effective Oct. 1, 
1997.
    A prior section 662 of Pub. L. 91-230, title VI, Apr. 13, 1970, 84 
Stat. 188, eff. July 1, 1971, repealed sections 611 to 618, 621 to 624, 
and 871 to 880a of this title, and sections 2491 to 2494 and 2698 to 
2698b of Title 42, The Public Health and Welfare, and amended section 
676 of this title, prior to repeal by Pub. L. 98-199, Sec. 14, Dec. 2, 
1983, 97 Stat. 1374.


                             Effective Date

    Section effective Oct. 1, 1997, except subsec. (g)(1), (2) effective 
Jan. 1, 1998, see section 201(c) of Pub. L. 105-17, set out as a note 
under section 1451 of this title.

                  Section Referred to in Other Sections

    This section is referred to in section 1417 of this title.
