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Sec. 632. Definitions. Sec. 633. General authority. Sec. 634. Eligibility. Sec. 635. Requirements for statewide system. Sec. 636. Individualized family service plan. Sec. 637. State application and assurances. Sec. 638. Uses of funds. Sec. 639. Procedural safeguards. Sec. 640. Payor of last re...
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Federal Interagency Coordinating Council. Sec. 645. Authorization of appropriations. PART D -- NATIONAL ACTIVITIES TO IMPROVE EDUCATION OF CHILDREN WITH DISABILITIES SUBPART 1 -- STATE PROGRAM IMPROVEMENT GRANTS FOR CHILDREN WITH DISABILITIES Sec. 651. Findings and purpose. Sec. 652. Eligibility and collaborat...
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655. Minimum State grant amounts. Sec. 656. Authorization of appropriations. SUBPART 2 -- COORDINATED RESEARCH, PERSONNEL PREPARATION, TECHNICAL ASSISTANCE, SUPPORT, AND DISSEMINATION OF INFORMATION Sec. 661. Administrative provisions. CHAPTER 1 -- IMPROVING EARLY INTERVENTION, EDUCATIONAL, AND TRANSITIONAL SER...
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671. Findings and purpose. Sec. 672. Research and innovation to improve services and results for children with disabilities. Sec. 673. Personnel preparation to improve services and results for children with disabilities. Sec. 674. Studies and evaluations. CHAPTER 2 -- IMPROVING EARLY INTERVENTION, EDUCATIONA...
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681. Findings and purposes. Sec. 682. Parent training and information centers. Sec. 683. Community parent resource centers. Sec. 684. Technical assistance for parent training and information centers. Sec. 685. Coordinated technical assistance and dissemination. Sec. 686. Authorization of appropriations....
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(c) FINDINGS- The Congress finds the following: (1) Disability is a natural part of the human experience and in no way diminishes the right of individuals to participate in or contribute to society. Improving educational results for children with disabilities is an essential element of our national policy of ensuring ...
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INDIVIDUALS WITH DISABILITIES EDUCATION ACT PAGE 5 (2) Before the date of the enactment of the Education for All Handicapped Children Act of 1975 (Public Law 94-142) -- (A) the special educational needs of children with disabilities were not being fully met; (B) more than one-half of the children with disabilities in t...
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(3) Since the enactment and implementation of the Education for All Handicapped Children Act of 1975, this Act has been successful in ensuring children with disabilities and the families of such children access to a free appropriate public education and in improving educational results for children with disabilities.
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(4) However, the implementation of this Act has been impeded by low expectations, and an insufficient focus on applying replicable research on proven methods of teaching and learning for children with disabilities.
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(5) Over 20 years of research and experience has demonstrated that the education of children with disabilities can be made more effective by -- (A) having high expectations for such children and ensuring their access in the general curriculum to the maximum extent possible; (B) strengthening the role of parents and ens...
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(6) While States, local educational agencies, and educational service agencies are responsible for providing an education for all children with disabilities, it is in the national interest that the Federal Government have a role in assisting State and local efforts to educate children with disabilities in order to impr...
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A more equitable allocation of resources is essential for the Federal Government to meet its responsibility to provide an equal educational opportunity for all individuals. (B) America's racial profile is rapidly changing. Between 1980 and 1990, the rate of increase in the population for white Americans was 6 percent...
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(C) By the year 2000, this Nation will have 275,000,000 people, nearly one of every three of whom will be either African-American, Hispanic, Asian-American, or American Indian. (D) Taken together as a group, minority children are comprising an ever larger percentage of public school students.
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Large-city school populations are overwhelmingly minority, for example: for fall 1993, the figure for Miami was 84 percent; Chicago, 89 percent; Philadelphia, 78 percent; Baltimore, 84 percent; Houston, 88 percent; and Los Angeles, 88 percent.
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(E) Recruitment efforts within special education must focus on bringing larger numbers of minorities into the profession in order to provide appropriate practitioner knowledge, role models, and sufficient manpower to address the clearly changing demography of special education. (F) The limited English proficient popul...
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In the Nation's 2 largest school districts, limited English proficient students make up almost half of all students initially entering school at the kindergarten level. Studies have documented apparent discrepancies in the levels of referral and placement of limited English proficient children in special education. T...
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These trends pose special challenges for special education in the referral, assessment, and services for our Nation's students from non-English language backgrounds. INDIVIDUALS WITH DISABILITIES EDUCATION ACT PAGE 7 (8) (A) Greater efforts are needed to prevent the intensification of problems connected with mislabeli...
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(B) More minority children continue to be served in special education than would be expected from the percentage of minority students in the general school population. (C) Poor African-American children are 2.3 times more likely to be identified by their teacher as having mental retardation than their white counterpar...
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(E) The drop-out rate is 68 percent higher for minorities than for whites. (F) More than 50 percent of minority students in large cities drop out of school.
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(9) (A) The opportunity for full participation in awards for grants and contracts; boards of organizations receiving funds under this Act; and peer review panels; and training of professionals in the area of special education by minority individuals, organizations, and historically black colleges and universities is es...
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(B) In 1993, of the 915,000 college and university professors, 4.9 percent were African-American and 2.4 percent were Hispanic. Of the 2,940,000 teachers, prekindergarten through high school, 6.8 percent were African-American and 4.1 percent were Hispanic. (C) Students from minority groups comprise more than 50 perce...
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(D) As the number of African-American and Hispanic students in special education increases, the number of minority teachers and related service personnel produced in our colleges and universities continues to decrease. (E) Ten years ago, 12 percent of the United States teaching force in public elementary and secondary...
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Today, the elementary and secondary teaching force is 13 percent minority, while one-third of the students in public schools are minority children. (F) As recently as 1991, historically black colleges and universities enrolled 44 percent of the African-American teacher trainees in the Nation. However, in 1993, histor...
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INDIVIDUALS WITH DISABILITIES EDUCATION ACT PAGE 8 (G) While African-American students constitute 28 percent of total enrollment in special education, only 11.2 percent of individuals enrolled in preservice training programs for special education are African-American. (H) In 1986-87, of the degrees conferred in educat...
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(10) Minorities and underserved persons are socially disadvantaged because of the lack of opportunities in training and educational programs, undergirded by the practices in the private sector that impede their full participation in the mainstream of society.
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(d) PURPOSES- The purposes of this title are -- (1) (A) to ensure that all children with disabilities have available to them a free appropriate public education that emphasizes special education and related services designed to meet their unique needs and prepare them for employment and independent living; (B) to ensur...
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SEC. 602. DEFINITIONS. Except as otherwise provided, as used in this Act: (1) ASSISTIVE TECHNOLOGY DEVICE- The term 'assistive technology device' means any item, piece of equipment, or product system, whether acquired commercially off the shelf, modified, or customized, that is used to increase, maintain, or improve...
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(2) ASSISTIVE TECHNOLOGY SERVICE- The term 'assistive technology service' means any service that directly assists a child with a disability in the selection, acquisition, or use of an assistive technology device.
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Such term includes -- INDIVIDUALS WITH DISABILITIES EDUCATION ACT PAGE 9 (A) the evaluation of the needs of such child, including a functional evaluation of the child in the child's customary environment; (B) purchasing, leasing, or otherwise providing for the acquisition of assistive technology devices by such child; ...
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(3) CHILD WITH A DISABILITY- (A) IN GENERAL- The term 'child with a disability' means a child -- (i) with mental retardation, hearing impairments (including deafness), speech or language impairments, visual impairments (including blindness), serious emotional disturbance (hereinafter referred to as emotional disturbanc...
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(B) CHILD AGED 3 THROUGH 9- The term 'child with a disability' for a child aged 3 through 9 may, at the discretion of the State and the local educational agency, include a child -- (i) experiencing developmental delays, as defined by the State and as measured by appropriate diagnostic instruments and procedures, in one...
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(4) EDUCATIONAL SERVICE AGENCY- The term 'educational service agency' -- (A) means a regional public multiservice agency -- (i) authorized by State law to develop, manage, and provide services or programs to local educational agencies; and INDIVIDUALS WITH DISABILITIES EDUCATION ACT PAGE 10 (ii) recognized as an admini...
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(5) ELEMENTARY SCHOOL- The term 'elementary school' means a nonprofit institutional day or residential school that provides elementary education, as determined under State law.
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(6) EQUIPMENT- The term 'equipment' includes -- (A) machinery, utilities, and built-in equipment and any necessary enclosures or structures to house such machinery, utilities, or equipment; and (B) all other items necessary for the functioning of a particular facility as a facility for the provision of educational serv...
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(7) EXCESS COSTS- The term 'excess costs' means those costs that are in excess of the average annual per-student expenditure in a local educational agency during the preceding school year for an elementary or secondary school student, as may be appropriate, and which shall be computed after deducting -- (A) amounts rec...
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(8) FREE APPROPRIATE PUBLIC EDUCATION- The term 'free appropriate public education' means special education and related services that -- (A) have been provided at public expense, under public supervision and direction, and without charge; (B) meet the standards of the State educational agency; (C) include an appropriat...
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(9) INDIAN- The term 'Indian' means an individual who is a member of an Indian tribe. (10) INDIAN TRIBE- The term 'Indian tribe' means any Federal or State Indian tribe, band, rancheria, pueblo, colony, or community, including any Alaska Native village or regional village corporation (as defined in or established unde...
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(11) INDIVIDUALIZED EDUCATION PROGRAM- The term 'individualized education program' or 'IEP' means a written statement for each child with a disability that is developed, reviewed, and revised in accordance with section 614(d). (12) INDIVIDUALIZED FAMILY SERVICE PLAN- The term 'individualized family service plan' has t...
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(14) INSTITUTION OF HIGHER EDUCATION- The term 'institution of higher education' -- (A) has the meaning given that term in section 1201(a) of the Higher Education Act of 1965; and (B) also includes any community college receiving funding from the Secretary of the Interior under the Tribally Controlled Community College...
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(15) LOCAL EDUCATIONAL AGENCY- (A) The term 'local educational agency' means a public board of education or other public authority legally constituted within a State for either administrative control or direction of, or to perform a service function for, public elementary or secondary schools in a city, county, townshi...
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(B) The term includes -- (i) an educational service agency, as defined in paragraph (4); and (ii) any other public institution or agency having administrative control and direction of a public elementary or secondary school.
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(C) The term includes an elementary or secondary school funded by the Bureau of Indian Affairs, but only to the extent that such inclusion makes the school eligible for programs for which specific eligibility is not provided to the school in another provision of law and the school does not have a student population tha...
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(16) NATIVE LANGUAGE- The term 'native language', when used with reference to an individual of limited English proficiency, means the language normally used by the individual, or in the case of a child, the language normally used by the parents of the child.
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(17) NONPROFIT- The term 'nonprofit', as applied to a school, agency, organization, or institution, means a school, agency, organization, or institution owned and operated by one or more nonprofit corporations or associations no part of the net earnings of which inures, or may lawfully inure, to the benefit of any priv...
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(19) PARENT- The term 'parent' -- (A) includes a legal guardian; and (B) except as used in sections 615(b)(2) and 639(a)(5), includes an individual assigned under either of those sections to be a surrogate parent. (20) PARENT ORGANIZATION- The term 'parent organization' has the meaning given that term in section 682(g...
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(22) RELATED SERVICES- The term 'related services' means transportation, and such developmental, corrective, and other supportive services (including speech-language pathology and audiology services, psychological services, physical and occupational therapy, recreation, including therapeutic recreation, social work ser...
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(23) SECONDARY SCHOOL- The term 'secondary school' means a nonprofit institutional day or residential school that provides secondary education, as determined under State law, except that it does not include any education beyond grade 12. (24) SECRETARY- The term 'Secretary' means the Secretary of Education.
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(25) SPECIAL EDUCATION- The term 'special education' means specially designed instruction, at no cost to parents, to meet the unique needs of a child with a disability, including -- INDIVIDUALS WITH DISABILITIES EDUCATION ACT PAGE 13 (A) instruction conducted in the classroom, in the home, in hospitals and institutions...
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(26) SPECIFIC LEARNING DISABILITY- (A) IN GENERAL- The term 'specific learning disability' means a disorder in one or more of the basic psychological processes involved in understanding or in using language, spoken or written, which disorder may manifest itself in imperfect ability to listen, think, speak, read, write,...
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(B) DISORDERS INCLUDED- Such term includes such conditions as perceptual disabilities, brain injury, minimal brain dysfunction, dyslexia, and developmental aphasia. (C) DISORDERS NOT INCLUDED- Such term does not include a learning problem that is primarily the result of visual, hearing, or motor disabilities, of menta...
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(27) STATE- The term 'State' means each of the 50 States, the District of Columbia, the Commonwealth of Puerto Rico, and each of the outlying areas. (28) STATE EDUCATIONAL AGENCY- The term 'State educational agency' means the State board of education or other agency or officer primarily responsible for the State super...
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(29) SUPPLEMENTARY AIDS AND SERVICES- The term 'supplementary aids and services' means, aids, services, and other supports that are provided in regular education classes or other education-related settings to enable children with disabilities to be educated with nondisabled children to the maximum extent appropriate in...
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(30) TRANSITION SERVICES- The term 'transition services' means a coordinated set of activities for a student with a disability that -- (A) is designed within an outcome-oriented process, which promotes movement from school to post-school activities, including post-secondary education, vocational training, integrated em...
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INDIVIDUALS WITH DISABILITIES EDUCATION ACT PAGE 14 SEC. 603. OFFICE OF SPECIAL EDUCATION PROGRAMS. (a) ESTABLISHMENT- There shall be, within the Office of Special Education and Rehabilitative Services in the Department of Education, an Office of Special Education Programs, which shall be the principal agency in suc...
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(b) DIRECTOR- The Office established under subsection (a) shall be headed by a Director who shall be selected by the Secretary and shall report directly to the Assistant Secretary for Special Education and Rehabilitative Services. (c) VOLUNTARY AND UNCOMPENSATED SERVICES- Notwithstanding section 1342 of title 31, Unit...
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604. ABROGATION OF STATE SOVEREIGN IMMUNITY. (a) IN GENERAL- A State shall not be immune under the eleventh amendment to the Constitution of the United States from suit in Federal court for a violation of this Act. (b) REMEDIES- In a suit against a State for a violation of this Act, remedies (including remedies both...
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(c) EFFECTIVE DATE- Subsections (a) and (b) apply with respect to violations that occur in whole or part after the date of the enactment of the Education of the Handicapped Act Amendments of 1990. SEC. 605. ACQUISITION OF EQUIPMENT; CONSTRUCTION OR ALTERATION OF FACILITIES.
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(a) IN GENERAL- If the Secretary determines that a program authorized under this Act would be improved by permitting program funds to be used to acquire appropriate equipment, or to construct new facilities or alter existing facilities, the Secretary is authorized to allow the use of those funds for those purposes.
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(b) COMPLIANCE WITH CERTAIN REGULATIONS- Any construction of new facilities or alteration of existing facilities under subsection (a) shall comply with the requirements of -- (1) appendix A of part 36 of title 28, Code of Federal Regulations (commonly known as the 'Americans with Disabilities Accessibility Guidelines f...
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INDIVIDUALS WITH DISABILITIES EDUCATION ACT PAGE 15 SEC. 606. EMPLOYMENT OF INDIVIDUALS WITH DISABILITIES. The Secretary shall ensure that each recipient of assistance under this Act makes positive efforts to employ and advance in employment qualified individuals with disabilities in programs assisted under this Act...
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607. REQUIREMENTS FOR PRESCRIBING REGULATIONS. (a) PUBLIC COMMENT PERIOD- The Secretary shall provide a public comment period of at least 90 days on any regulation proposed under part B or part C of this Act on which an opportunity for public comment is otherwise required by law.
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(b) PROTECTIONS PROVIDED TO CHILDREN- The Secretary may not implement, or publish in final form, any regulation prescribed pursuant to this Act that would procedurally or substantively lessen the protections provided to children with disabilities under this Act, as embodied in regulations in effect on July 20, 1983 (pa...
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(c) POLICY LETTERS AND STATEMENTS- The Secretary may not, through policy letters or other statements, establish a rule that is required for compliance with, and eligibility under, this part without following the requirements of section 553 of title 5, United States Code.
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(d) CORRESPONDENCE FROM DEPARTMENT OF EDUCATION DESCRIBING INTERPRETATIONS OF THIS PART- (1) IN GENERAL- The Secretary shall, on a quarterly basis, publish in the Federal Register, and widely disseminate to interested entities through various additional forms of communication, a list of correspondence from the Departme...
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(2) ADDITIONAL INFORMATION- For each item of correspondence published in a list under paragraph (1), the Secretary shall identify the topic addressed by the correspondence and shall include such other summary information as the Secretary determines to be appropriate.
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(e) ISSUES OF NATIONAL SIGNIFICANCE- If the Secretary receives a written request regarding a policy, question, or interpretation under part B of this Act, and determines that it raises an issue of general interest or applicability of national significance to the implementation of part B, the Secretary shall -- (1) incl...
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(f) EXPLANATION- Any written response by the Secretary under subsection (e) regarding a policy, question, or interpretation under part B of this Act shall include an explanation that the written response -- (1) is provided as informal guidance and is not legally binding; and (2) represents the interpretation by the Dep...
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INDIVIDUALS WITH DISABILITIES EDUCATION ACT PAGE 17 PART B -- ASSISTANCE FOR EDUCATION OF ALL CHILDREN WITH DISABILITIES SEC. 611. AUTHORIZATION; ALLOTMENT; USE OF FUNDS; AUTHORIZATION OF APPROPRIATIONS. (a) GRANTS TO STATES- (1) PURPOSE OF GRANTS- The Secretary shall make grants to States and the outlying areas, an...
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(2) MAXIMUM AMOUNTS- The maximum amount of the grant a State may receive under this section for any fiscal year is -- (A) the number of children with disabilities in the State who are receiving special education and related services -- (i) aged 3 through 5 if the State is eligible for a grant under section 619; and (ii...
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(b) OUTLYING AREAS AND FREELY ASSOCIATED STATES- (1) FUNDS RESERVED- From the amount appropriated for any fiscal year under subsection (j), the Secretary shall reserve not more than one percent, which shall be used -- (A) to provide assistance to the outlying areas in accordance with their respective populations of ind...
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(2) LIMITATION FOR FREELY ASSOCIATED STATES- (A) COMPETITIVE GRANTS- The Secretary shall use funds described in paragraph (1)(B) to award grants, on a competitive basis, to Guam, American Samoa, the Commonwealth of the Northern Mariana Islands, and the freely associated States to carry out the purposes of this part.
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(B) AWARD BASIS- The Secretary shall award grants under subparagraph (A) on a competitive basis, pursuant to the recommendations of the Pacific Region Educational Laboratory in Honolulu, INDIVIDUALS WITH DISABILITIES EDUCATION ACT PAGE 18 Hawaii. Those recommendations shall be made by experts in the field of special e...
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(C) ASSISTANCE REQUIREMENTS- Any freely associated State that wishes to receive funds under this part shall include, in its application for assistance -- (i) information demonstrating that it will meet all conditions that apply to States under this part; (ii) an assurance that, notwithstanding any other provision of th...
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(D) TERMINATION OF ELIGIBILITY- Notwithstanding any other provision of law, the freely associated States shall not receive any funds under this part for any program year that begins after September 30, 2001. (E) ADMINISTRATIVE COSTS- The Secretary may provide not more than five percent of the amount reserved for grant...
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(3) LIMITATION- An outlying area is not eligible for a competitive award under paragraph (2) unless it receives assistance under paragraph (1)(A). (4) SPECIAL RULE- The provisions of Public Law 95-134, permitting the consolidation of grants by the outlying areas, shall not apply to funds provided to those areas or to ...
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(5) ELIGIBILITY FOR DISCRETIONARY PROGRAMS- The freely associated States shall be eligible to receive assistance under subpart 2 of part D of this Act until September 30, 2001. (6) DEFINITION- As used in this subsection, the term 'freely associated States' means the Republic of the Marshall Islands, the Federated Stat...
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(c) SECRETARY OF THE INTERIOR- From the amount appropriated for any fiscal year under subsection (j), the Secretary shall reserve 1.226 percent to provide assistance to the Secretary of the Interior in accordance with subsection (i).
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(d) ALLOCATIONS TO STATES- INDIVIDUALS WITH DISABILITIES EDUCATION ACT PAGE 19 (1) IN GENERAL- After reserving funds for studies and evaluations under section 674(e), and for payments to the outlying areas and the Secretary of the Interior under subsections (b) and (c), the Secretary shall allocate the remaining amount...
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(2) INTERIM FORMULA- Except as provided in subsection (e), the Secretary shall allocate the amount described in paragraph (1) among the States in accordance with section 611(a)(3), (4), and (5) and (b)(1), (2), and (3) of this Act, as in effect prior to the enactment of the Individuals with Disabilities Education Act A...
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(e) PERMANENT FORMULA- (1) ESTABLISHMENT OF BASE YEAR- The Secretary shall allocate the amount described in subsection (d)(1) among the States in accordance with this subsection for each fiscal year beginning with the first fiscal year for which the amount appropriated under subsection (j) is more than $4,924,672,200. ...
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(B) SPECIAL RULE FOR USE OF BASE YEAR AMOUNT- If a State received any funds under this section for the base year on the basis of children aged 3 through 5, but does not make a free appropriate public education available to all children with disabilities aged 3 through 5 in the State in any subsequent fiscal year, the S...
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(3) INCREASE IN FUNDS- If the amount available for allocations to States under paragraph (1) is equal to or greater than the amount allocated to the States under this paragraph for the preceding fiscal year, those allocations shall be calculated as follows: (A) (i) Except as provided in subparagraph (B), the Secretary ...
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INDIVIDUALS WITH DISABILITIES EDUCATION ACT PAGE 20 (ii) For the purpose of making grants under this paragraph, the Secretary shall use the most recent population data, including data on children living in poverty, that are available and satisfactory to the Secretary. (B) Notwithstanding subparagraph (A), allocations ...
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(ii) No State's allocation shall be less than the greatest of -- (I) the sum of -- (aa) the amount it received for the base year; and (bb) one third of one percent of the amount by which the amount appropriated under subsection (j) exceeds the amount appropriated under this section for the base year; (II) the sum of --...
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(iii) Notwithstanding clause (ii), no State's allocation under this paragraph shall exceed the sum of -- (I) the amount it received for the preceding fiscal year; and (II) that amount multiplied by the sum of 1.5 percent and the percentage increase in the amount appropriated. (C) If the amount available for allocation...
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(4) DECREASE IN FUNDS- If the amount available for allocations to States under paragraph (1) is less than the amount allocated to the States under this section for the preceding fiscal year, those allocations shall be calculated as follows: INDIVIDUALS WITH DISABILITIES EDUCATION ACT PAGE 21 (A) If the amount available...
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(B) (i) If the amount available for allocations is equal to or less than the amount allocated to the States for the base year, each State shall be allocated the amount it received for the base year. (ii) If the amount available is insufficient to make the allocations described in clause (i), those allocations shall be...
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(f) STATE-LEVEL ACTIVITIES- (1) GENERAL- (A) Each State may retain not more than the amount described in subparagraph (B) for administration and other State-level activities in accordance with paragraphs (2) and (3).
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(B) For each fiscal year, the Secretary shall determine and report to the State educational agency an amount that is 25 percent of the amount the State received under this section for fiscal year 1997, cumulatively adjusted by the Secretary for each succeeding fiscal year by the lesser of -- (i) the percentage increase...
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(C) A State may use funds it retains under subparagraph (A) without regard to -- (i) the prohibition on commingling of funds in section 612(a)(18)(B); and (ii) the prohibition on supplanting other funds in section 612(a)(18)(C).
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(2) STATE ADMINISTRATION- (A) For the purpose of administering this part, including section 619 (including the coordination of activities under this part with, and providing technical assistance to, other programs that provide services to children with disabilities) -- INDIVIDUALS WITH DISABILITIES EDUCATION ACT PAGE 2...
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(B) Funds described in subparagraph (A) may also be used for the administration of part C of this Act, if the State educational agency is the lead agency for the State under that part. (3) OTHER STATE-LEVEL ACTIVITIES- Each State shall use any funds it retains under paragraph (1) and does not use for administration un...
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(B) Administrative costs of monitoring and complaint investigation, but only to the extent that those costs exceed the costs incurred for those activities during fiscal year 1985. (C) To establish and implement the mediation process required by section 615(e), including providing for the costs of mediators and support...
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(E) To develop a State Improvement Plan under subpart 1 of part D. (F) Activities at the State and local levels to meet the performance goals established by the State under section 612(a)(16) and to support implementation of the State Improvement Plan under subpart 1 of part D if the State receives funds under that sub...
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(G) To supplement other amounts used to develop and implement a Statewide coordinated services system designed to improve results for children and families, including children with disabilities and their families, but not to exceed one percent of the amount received by the State under this section. This system shall b...
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(H) For subgrants to local educational agencies for the purposes described in paragraph (4)(A).
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(4) (A) SUBGRANTS TO LOCAL EDUCATIONAL AGENCIES FOR CAPACITY-BUILDING AND IMPROVEMENT- In any fiscal year in which the percentage increase in the State's allocation under this section exceeds the rate of inflation (as measured by the percentage increase, if any, from the preceding fiscal year in the Consumer Price Inde...
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(ii) Addressing needs or carrying out improvement strategies identified in the State's Improvement Plan under subpart 1 of part D. (iii) Adopting promising practices, materials, and technology, based on knowledge derived from education research and other sources. (iv) Establishing, expanding, or implementing interagen...
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(v) Increasing cooperative problem-solving between parents and school personnel and promoting the use of alternative dispute resolution.
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(B) MAXIMUM SUBGRANT- For each fiscal year, the amount referred to in subparagraph (A) is -- (i) the maximum amount the State was allowed to retain under paragraph (1)(A) for the prior fiscal year, or for fiscal year 1998, 25 percent of the State's allocation for fiscal year 1997 under this section; multiplied by (ii) ...
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