 
                    CHAPTER 55--EDUCATION OF THE DEAF
 
SUBCHAPTER I--GALLAUDET UNIVERSITY; NATIONAL TECHNICAL INSTITUTE FOR THE 
                                  DEAF
 
                      Part A--Gallaudet University
 
Sec. 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)(A) of the Individuals 
with Disabilities Education Act [20 U.S.C. 1418(a)(1)(A)]. 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).

(Pub. L. 99-371, title I, Sec. 104, as added Pub. L. 102-421, title I, 
Sec. 112, Oct. 16, 1992, 106 Stat. 2152; amended Pub. L. 103-73, title 
II, Sec. 203(d), Aug. 11, 1993, 107 Stat. 733; Pub. L. 105-244, title 
IX, Sec. 912, Oct. 7, 1998, 112 Stat. 1829.)

                       References in Text

    The Individuals with Disabilities Education Act, referred to in 
subsecs. (a)(2)(B) and (b)(3), (4)(C), is title VI of Pub. L. 91-230, 
Apr. 13, 1970, 84 Stat. 175, as amended. Part B of the Act is classified 
generally to subchapter II (Sec. 1411 et seq.) of chapter 33 of this 
title. For complete classification of this Act to the Code, see section 
1400 of this title and Tables.


                               Amendments

    1998--Subsec. (b)(1). Pub. L. 105-244, Sec. 912(1), inserted ``and'' 
after semicolon in subpar. (A), substituted a period for ``; and'' at 
end of subpar. (B), and struck out subpar. (C) which read as follows: 
``establish and publish priorities for research, development, and 
demonstration through a process that allows for public input.''
    Subsec. (b)(2). Pub. L. 105-244, Sec. 912(2), in introductory 
provisions, substituted ``paragraph (1)(B)'' for ``paragraph (1)'' and 
``section 618(a)(1)(A)'' for ``section 618(b)''.
    Subsec. (b)(3). Pub. L. 105-244, Sec. 912(3), substituted 
``educational service agency'' for ``intermediate educational unit''.
    Subsec. (b)(4)(A). Pub. L. 105-244, Sec. 912(4)(A), substituted 
``educational service agency'' for ``intermediate educational unit''.
    Subsec. (b)(4)(B). Pub. L. 105-244, Sec. 912(4)(B), substituted 
``educational service agencies'' for ``intermediate educational units''.
    Subsec. (b)(4)(C). Pub. L. 105-244, Sec. 912(5), amended subpar. (C) 
generally. Prior to amendment, subpar. (C) read as follows: ``provide 
the child a free appropriate public education in accordance with part B 
of the Individuals with Disabilities Education Act and procedural 
safeguards in accordance with the following provisions of section 615 of 
such Act:
        ``(i) Subparagraphs (A), (C), (D), and (E) of paragraph (1) of 
    subsection (b), and paragraph (2) of such subsection.
        ``(ii) Subsection (d), except the portion of paragraph (4) 
    requiring that findings and decisions be transmitted to a State 
    advisory panel.
        ``(iii) Paragraphs (1) through (3) of subsection (e). Paragraph 
    (3) of such subsection is not applicable to a decision by the 
    University to refuse to admit or to dismiss a child, except that, 
    before dismissing any child, the University shall give at least 60 
    days notice to the child's parents and to the local educational 
    agency in which the child resides.
        ``(iv) Subsection (f).''
    1993--Pub. L. 103-73, Sec. 203(d)(1), substituted ``education'' for 
``educational'' in section catchline.
    Subsec. (a)(1). Pub. L. 103-73, Sec. 203(d)(2), in subpar. (A) 
substituted ``deaf or hard'' for ``deaf and individuals who are hard'', 
in subpar. (B) inserted ``education'' after ``elementary and secondary'' 
and substituted ``non-English-speaking'' for ``non-English speaking'', 
and in subpar. (C), in introductory provisions, inserted ``education'' 
after ``elementary and secondary'', in cl. (i) substituted ``students'' 
for ``individuals'' wherever appearing and ``deaf from the age of onset 
of deafness to age fifteen, inclusive, but not beyond the eighth grade 
or its equivalent,'' for ``deaf,'', and in cl. (ii) substituted 
``students'' for ``individuals'' wherever appearing and ``deaf from 
grades nine through twelve, inclusive,'' for ``deaf,''.
    Subsec. (b)(1). Pub. L. 103-73, Sec. 203(d)(3), substituted 
``infants, children, and youth'' for ``infants and children'' in subpar. 
(A) and a period for the semicolon at end of subpar. (C).
    Subsec. (b)(4). Pub. L. 103-73, Sec. 203(d)(4), substituted 
``program'' for ``programs'' in subpar. (A), ``the child to and from 
that program'' for ``students to and from those programs'' in subpar. 
(B), and ``a decision'' for ``decisions'' in subpar. (C)(iii).


                    Effective Date of 1998 Amendment

    Amendment by Pub. L. 105-244 effective Oct. 1, 1998, except as 
otherwise provided in Pub. L. 105-244, see section 3 of Pub. L. 105-244, 
set out as a note under section 1001 of this title.


                             Effective Date

    Section effective Oct. 1, 1992, see section 161 of Pub. L. 102-421, 
set out as an Effective Date of 1992 Amendment note under section 4301 
of this title.

                  Section Referred to in Other Sections

    This section is referred to in section 4359b of this title.
