The Secretary, on a competitive basis, shall award grants to, or enter into contracts or cooperative agreements with, eligible entities to carry out 1 or more of the following objectives:
In carrying out this section, the Secretary shall support activities-
In carrying out paragraph (1)(A), the Secretary shall support not less than 1 of the following activities:
In carrying out paragraph (1)(B), the Secretary shall support not less than 1 of the following activities:
In carrying out this section, the Secretary shall support activities, consistent with the objectives described in subsection (a), that benefit children with low incidence disabilities.
Activities that may be carried out under this subsection include activities such as the following:
In this section, the term "low incidence disability" means-
In selecting eligible entities for assistance under this subsection, the Secretary may give preference to eligible entities submitting applications that include 1 or more of the following:
The Secretary shall ensure that all recipients of awards under this subsection who will use that assistance to prepare personnel to provide services to visually impaired or blind children that can appropriately be provided in Braille, will prepare those individuals to provide those services in Braille.
In carrying out this section, the Secretary shall support leadership preparation activities that are consistent with the objectives described in subsection (a).
Activities that may be carried out under this subsection include activities such as the following:
An eligible entity that wishes to receive a grant, or enter into a contract or cooperative agreement, under this section shall submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary may require.
An application for assistance under subsection (b), (c), or (d) shall include information demonstrating to the satisfaction of the Secretary that the activities described in the application will address needs identified by the State or States the eligible entity proposes to serve.
An eligible entity that is not a local educational agency or a State educational agency shall include in the eligible entity's application information demonstrating to the satisfaction of the Secretary that the eligible entity and 1 or more State educational agencies or local educational agencies will cooperate in carrying out and monitoring the proposed project.
The Secretary may require eligible entities to provide in the eligible entities' applications assurances from 1 or more States that such States intend to accept successful completion of the proposed personnel preparation program as meeting State personnel standards or other requirements in State law or regulation for serving children with disabilities or serving infants and toddlers with disabilities.
In selecting eligible entities for assistance under this section, the Secretary shall consider the impact of the proposed project described in the application in meeting the need for personnel identified by the States.
The Secretary shall make grants and enter into contracts and cooperative agreements under this section only to eligible entities that meet State and professionally recognized qualifications for the preparation of special education and related services personnel, if the purpose of the project is to assist personnel in obtaining degrees.
In selecting eligible entities for assistance under this section, the Secretary may give preference to eligible entities that are institutions of higher education that are-
The Secretary may include funds for scholarships, with necessary stipends and allowances, in awards under subsections (b), (c), and (d).
Each application for assistance under subsections (b), (c), and (d) shall include an assurance that the eligible entity will ensure that individuals who receive a scholarship under the proposed project agree to subsequently provide special education and related services to children with disabilities, or in the case of leadership personnel to subsequently work in the appropriate field, for a period of 2 years for every year for which the scholarship was received or repay all or part of the amount of the scholarship, in accordance with regulations issued by the Secretary.
Notwithstanding paragraph (1), the Secretary may reduce or waive the service obligation requirement under paragraph (1) if the Secretary determines that the service obligation is acting as a deterrent to the recruitment of students into special education or a related field.
The Secretary-
There are authorized to be appropriated to carry out this section such sums as may be necessary for each of the fiscal years 2005 through 2010.
20 U.S.C. § 1462
EDITORIAL NOTES
REFERENCES IN TEXTThe Elementary and Secondary Education Act of 1965, referred to in subsec. (b)(2)(A)(vii), is Pub. L. 89-10, Apr. 11, 1965, 79 Stat. 27, which is classified generally to chapter 70 (§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.
PRIOR PROVISIONSA prior section 1462, Pub. L. 91-230, title VI, §662, as added Pub. L. 99-457, title III, §317, Oct. 8, 1986, 100 Stat. 1172; amended Pub. L. 101-476, §702, 104 Stat. 1141, authorized appropriations, prior to repeal by Pub. L. 105-17, §203, 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, §14, Dec. 2, 1983, 97 Stat. 1374.
AMENDMENTS2015-Subsec. (a)(1). Pub. L. 114-95, §9214(d)(4)(C)(i)(I), substituted "personnel, as defined in section 1451(b) of this title, who meet the applicable requirements described in section 1412(a)(14) of this title" for "highly qualified personnel, as defined in section 1451(b) of this title". Subsec. (a)(5). Pub. L. 114-95, §9214(d)(4)(C)(i) (II), substituted "special education teachers meet the qualifications described in section 1412(a)(14)(C) of this title" for "special education teachers are highly qualified".Subsec. (b)(2)(A)(viii). Pub. L. 114-95, §9215 (ss)(9), substituted "section 6113(d)(1)(A)(ii)" for "section 7113(d)(1)(A)(ii)".Subsec. (b)(2)(B). Pub. L. 114-95, §9214(d)(4)(C) (ii), substituted "special education teachers who meet the qualifications described in section 1412(a)(14)(C) of this title" for "highly qualified teachers".Subsec. (c)(4)(B). Pub. L. 114-95, §9214(d)(4)(C) (iii), substituted "personnel who meet the applicable requirements described in section 1412(a)(14) of this title" for "highly qualified personnel".
STATUTORY NOTES AND RELATED SUBSIDIARIES
EFFECTIVE DATE OF 2015 AMENDMENT Amendment by Pub. L. 114-95 effective Dec. 10, 2015, except with respect to certain noncompetitive programs and competitive programs, see section 5 of Pub. L. 114-95, set out as a note under section 6301 of this title.
- 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.
- transition services
- The term "transition services" means a coordinated set of activities for a child with a disability that-(A) is designed to be within a results-oriented process, that is focused on improving the academic and functional achievement of the child with a disability to facilitate the child's movement from school to post-school activities, including post-secondary education, vocational education, integrated employment (including supported employment), continuing and adult education, adult services, independent living, or community participation;(B) is based on the individual child's needs, taking into account the child's strengths, preferences, and interests; and(C) includes instruction, related services, community experiences, the development of employment and other post-school adult living objectives, and, when appropriate, acquisition of daily living skills and functional vocational evaluation.