The Secretary shall provide grants under this section to assist States to provide special education and related services, in accordance with this subchapter-
A State shall be eligible for a grant under this section if such State-
The Secretary shall allocate the amount made available to carry out this section for a fiscal year among the States in accordance with paragraph (2) or (3), as the case may be.
If the amount available for allocations to States under paragraph (1) for a fiscal year is equal to or greater than the amount allocated to the States under this section for the preceding fiscal year, those allocations shall be calculated as follows:
Except as provided in subparagraph (B), the Secretary shall-
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.
Notwithstanding subparagraph (A), allocations under this paragraph shall be subject to the following:
No State's allocation shall be less than its allocation under this section for the preceding fiscal year.
No State's allocation shall be less than the greatest of-
Notwithstanding clause (ii), no State's allocation under this paragraph shall exceed the sum of-
If the amount available for allocations under this paragraph is insufficient to pay those allocations in full, those allocations shall be ratably reduced, subject to subparagraph (B)(i).
If the amount available for allocations to States under paragraph (1) for a fiscal year is less than the amount allocated to the States under this section for the preceding fiscal year, those allocations shall be calculated as follows:
If the amount available for allocations is greater than the amount allocated to the States for fiscal year 1997, each State shall be allocated the sum of-
If the amount available for allocations is equal to or less than the amount allocated to the States for fiscal year 1997, each State shall be allocated the amount the State received for fiscal year 1997, ratably reduced, if necessary.
Each State may reserve not more than the amount described in paragraph (2) for administration and other State-level activities in accordance with subsections (e) and (f).
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-
For the purpose of administering this section (including the coordination of activities under this subchapter with, and providing technical assistance to, other programs that provide services to children with disabilities) a State may use not more than 20 percent of the maximum amount the State may reserve under subsection (d) for any fiscal year.
Funds described in paragraph (1) may also be used for the administration of subchapter III.
Each State shall use any funds the State reserves under subsection (d) and does not use for administration under subsection (e)-
Each State that receives a grant under this section for any fiscal year shall distribute all of the grant funds that the State does not reserve under subsection (d) to local educational agencies in the State that have established their eligibility under section 1413 of this title, as follows:
The State shall first award each local educational agency described in paragraph (1) the amount that agency would have received under this section for fiscal year 1997 if the State had distributed 75 percent of its grant for that year under section 1419(c)(3) of this title, as such section was then in effect.
After making allocations under subparagraph (A), the State shall-
If a State educational agency determines that a local educational agency is adequately providing a free appropriate public education to all children with disabilities aged 3 through 5 residing in the area served by the local educational agency with State and local funds, the State educational agency may reallocate any portion of the funds under this section that are not needed by that local educational agency to provide a free appropriate public education to other local educational agencies in the State that are not adequately providing special education and related services to all children with disabilities aged 3 through 5 residing in the areas the other local educational agencies serve.
Subchapter III does not apply to any child with a disability receiving a free appropriate public education, in accordance with this subchapter, with funds received under this section.
In this section, the term "State" means each of the 50 States, the District of Columbia, and the Commonwealth of Puerto Rico.
There are authorized to be appropriated to carry out this section such sums as may be necessary.
20 U.S.C. § 1419
EDITORIAL NOTES
PRIOR PROVISIONSA prior section 1419, Pub. L. 91-230, title VI, §619, as added Pub. L. 105-17, §101, 111 Stat. 102, related to preschool grants, prior to the general amendment of subchapters I to IV of this chapter by Pub. L. 108-446. Another prior section 1419, Pub. L. 91-230, title VI, §619, as added Pub. L. 94-142, §5(a), Nov. 29, 1975, 89 Stat. 793; amended Pub. L. 98-199, §§3(b), 9, Dec. 2, 1983, 97 Stat. 1358, 1363; Pub. L. 99-457, title II, §201(a), Oct. 8, 1986, 100 Stat. 1155; Pub. L. 100-630, title I, §102(i), Nov. 7, 1988, 102 Stat. 3296; Pub. L. 101-476, §901, 104 Stat. 1145, 1146; Pub. L. 102-119, §§7, Oct. 7, 1991, 25, Oct. 7, 1991, 105 Stat. 591, 607, related to preschool grants, prior to the general amendment of subchapters I to IV of this chapter by Pub. L. 105-17.A prior section 1420, Pub. L. 91-230, title VI, §620, as added Pub. L. 94-142, §5(a), Nov. 29, 1975, 89 Stat. 793; amended Pub. L. 98-199, §3(b), Dec. 2, 1983, 97 Stat. 1358, which related to payments to States and distribution by States to local educational agencies and intermediate educational units, was omitted in the general amendment of subchapters I to IV of this chapter by Pub. L. 105-17.Prior sections 1421 to 1427, which comprised former subchapter III of this chapter, were repealed by Pub. L. 105-17, §203, 111 Stat. 157, effective Oct. 1, 1997. Section 1421, Pub. L. 91-230, title VI, §621, Apr. 13, 1970, 84 Stat. 181; Pub. L. 98-199, §§3(b), 10, Dec. 2, 1983, 97 Stat. 1358, 1363; Pub. L. 99-457, title III, §301, Oct. 8, 1986, 100 Stat. 1159; Pub. L. 100-630, title I, §103(b), Nov. 7, 1988, 102 Stat. 3296; Pub. L. 101-476, §301, title IX, §901(b) (95)-(99), Oct. 30, 1990, 104 Stat. 1117, 1146; Pub. L. 102-119, §25(b), Oct. 7, 1991, 105 Stat. 607, related to establishment and operation of regional and Federal resource centers.Section 1422, Pub. L. 91-230, title VI, §622, Apr. 13, 1970, 84 Stat. 182; Pub. L. 98-199, §§3(b), 10, Dec. 2, 1983, 97 Stat. 1358, 1364; Pub. L. 99-457, title III, §302, Oct. 8, 1986, 100 Stat. 1160; Pub. L. 100-630, title I, §103(c), Nov. 7, 1988, 102 Stat. 3297; Pub. L. 101-476, §302, 104 Stat. 1118; Pub. L. 102-119, §25(a)(8), Oct. 7, 1991, 105 Stat. 606; Pub. L. 103-382, §391, 108 Stat. 4023, related to services for deaf-blind children and youth.Section 1423, Pub. L. 91-230, title VI, §623, Apr. 13, 1970, 84 Stat. 183; Pub. L. 98-199, §§3(b), 10, Dec. 2, 1983, 97 Stat. 1358, 1365; Pub. L. 99-457, title III, §303, Oct. 8, 1986, 100 Stat. 1161; Pub. L. 100-630, title I, §103(d), Nov. 7, 1988, 102 Stat. 3297; Pub. L. 101-476, §303, title IX, §901(b) (100)-(106), Oct. 30, 1990, 104 Stat. 1121, 1146, 1147; Pub. L. 102-119, §§8, Oct. 7, 1991, 25, Oct. 7, 1991, 105 Stat. 592, 606, 607, related to early education for children with disabilities.Section 1424, Pub. L. 91-230, title VI, §624, Apr. 13, 1970, 84 Stat. 183; Pub. L. 98-199, §§3(b), 10, Dec. 2, 1983, 97 Stat. 1358, 1366; Pub. L. 99-457, title III, §304, Oct. 8, 1986, 100 Stat. 1162; Pub. L. 100-630, title I, §103(e), Nov. 7, 1988, 102 Stat. 3297; Pub. L. 101-476, §304, title IX, §901(b) (107)-(110), Oct. 30, 1990, 104 Stat. 1122, 1147; Pub. L. 102-119, §25(a)(10), (b), Oct. 7, 1991, 105 Stat. 606, 607, related to programs for children with severe disabilities. Section 1424a, Pub. L. 91-230, title VI, §625, as added Pub. L. 93-380, title VI, §616, Aug. 21, 1974, 88 Stat. 584; amended Pub. L. 98-199, §§3(b), 10, Dec. 2, 1983, 97 Stat. 1358, 1367; Pub. L. 99-457, title III, §305, Oct. 8, 1986, 100 Stat. 1162; Pub. L. 100-630, title I, §103(f), Nov. 7, 1988, 102 Stat. 3297; Pub. L. 101-476, §305, title IX, §901(b) (111)-(118), Oct. 30, 1990, 104 Stat. 1123, 1147; Pub. L. 102-119, §25(b), Oct. 7, 1991, 105 Stat. 607; Pub. L. 102-421, §201, 106 Stat. 2164, related to programs of postsecondary, vocational, technical, continuing, or adult education for individuals with disabilities. Section 1425, Pub. L. 91-230, title VI, §626, formerly §625, Apr. 13, 1970, 84 Stat. 183, renumbered §626, Pub. L. 93-380, title VI, §616, Aug. 21, 1974, 88 Stat. 584; amended Pub. L. 98-199, §§3(b), 10, Dec. 2, 1983, 97 Stat. 1358, 1367; Pub. L. 99-457, title III, §306, Oct. 8, 1986, 100 Stat. 1163; Pub. L. 100-630, title I, §103(g), Nov. 7, 1988, 102 Stat. 3298; Pub. L. 101-476, §306, title IX, §901(b) (119)-(127), Oct. 30, 1990, 104 Stat. 1124, 1147, 1148; Pub. L. 102-119, §25(a)(11), (b), Oct. 7, 1991, 105 Stat. 606, 607, related to secondary education and transitional services for youth with disabilities.Section 1426, Pub. L. 91-230, title VI, §627, formerly §626, Apr. 13, 1970, 84 Stat. 184, renumbered §627 and amended Pub. L. 93-380, title VI, §§616, 617, Aug. 21, 1974, 88 Stat. 584; Pub. L. 95-49, §2, June 17, 1977, 91 Stat. 230; Pub. L. 98-199, §10, Dec. 2, 1983, 97 Stat. 1368; Pub. L. 101-476, §307, 104 Stat. 1127, related to programs for children and youth with serious emotional disturbance. Section 1427, Pub. L. 91-230, title VI, §628, as added Pub. L. 98-199, §10, Dec. 2, 1983, 97 Stat. 1368; amended Pub. L. 99-457, title III, §307, Oct. 8, 1986, 100 Stat. 1165; Pub. L. 101-476, §308, 104 Stat. 1128, authorized appropriations.
STATUTORY NOTES AND RELATED SUBSIDIARIES
PRESCHOOL GRANTSPub. L. 100-630, title I, §110, Nov. 7, 1988, 102 Stat. 3303, as amended by Pub. L. 101-476, §901, 104 Stat. 1142, provided that: "The provisions of section 300.300(b)(3) of title 34, Code of Federal Regulations, shall not apply with respect to children aged 3 through 5, inclusive, in any State for any fiscal year for which the State receives a grant under section 619(a)(1) of the Individuals with Disabilities Education Act [20 U.S.C. 1419(a)(1)] ."
- Secretary
- The term "Secretary" means the Secretary of Education.
- State educational agency
- The term "State educational agency" means the State board of education or other agency or officer primarily responsible for the State supervision of public elementary schools and secondary schools, or, if there is no such officer or agency, an officer or agency designated by the Governor or by State law.
- 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.
- 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 appropriate preschool, elementary school, or secondary school education in the State involved; and(D) are provided in conformity with the individualized education program required under section 1414(d) of this title.
- 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-(A) instruction conducted in the classroom, in the home, in hospitals and institutions, and in other settings; and(B) instruction in physical education.