After receiving input from interested individuals with relevant expertise, the Secretary shall develop and implement a comprehensive plan for activities carried out under parts B and C in order to enhance the provision of early intervention services, educational services, related services, and transitional services to children with disabilities under subchapters II and III. To the extent practicable, the plan shall be coordinated with the plan developed pursuant to section
9567b(c) of this title  and shall include mechanisms to address early intervention, educational, related service and transitional needs identified by State educational agencies in applications submitted for State personnel development grants under part A and for grants under parts B and C.
(2) Public comment
The Secretary shall provide a public comment period of not less than 45 days on the plan.
(3) Distribution of funds
In implementing the plan, the Secretary shall, to the extent appropriate, ensure that funds awarded under parts B and C are used to carry out activities that benefit, directly or indirectly, children with the full range of disabilities and of all ages.
(4) Reports to Congress
The Secretary shall annually report to Congress on the Secretary’s activities under parts B and C, including an initial report not later than 12 months after December 3, 2004.
(b) Assistance authorized
The Secretary is authorized to award grants to, or enter into contracts or cooperative agreements with, eligible entities to enable the eligible entities to carry out the purposes of such parts in accordance with the comprehensive plan described in subsection (a).
(c) Special populations
(1) Application requirement
In making an award of a grant, contract, or cooperative agreement under part B or C, the Secretary shall, as appropriate, require an eligible entity to demonstrate how the eligible entity will address the needs of children with disabilities from minority backgrounds.
(2) Required outreach and technical assistance
Notwithstanding any other provision of this chapter, the Secretary shall reserve not less than 2 percent of the total amount of funds appropriated to carry out parts B and C for either or both of the following activities:
(A)Providing outreach and technical assistance to historically Black colleges and universities, and to institutions of higher education with minority enrollments of not less than 25 percent, to promote the participation of such colleges, universities, and institutions in activities under this part.
(B)Enabling historically Black colleges and universities, and the institutions described in subparagraph (A), to assist other colleges, universities, institutions, and agencies in improving educational and transitional results for children with disabilities, if the historically Black colleges and universities and the institutions of higher education described in subparagraph (A) meet the criteria established by the Secretary under this part.
The Secretary, in making an award of a grant, contract, or cooperative agreement under part B or C, may, without regard to the rulemaking procedures under section
553 of title
5, limit competitions to, or otherwise give priority to—
(1)projects that address 1 or more—
(D)types of educational placements or early intervention environments;
(E)types of services;
(F)content areas, such as reading; or
(G)effective strategies for helping children with disabilities learn appropriate behavior in the school and other community based educational settings;
(2)projects that address the needs of children based on the severity or incidence of their disability;
(3)projects that address the needs of—
(A)low achieving students;
(C)children from low income families;
(D)limited English proficient children;
(E)unserved and underserved areas;
(F)rural or urban areas;
(G)children whose behavior interferes with their learning and socialization;
(H)children with reading difficulties;
(I)children in public charter schools;
(J)children who are gifted and talented; or
(K)children with disabilities served by local educational agencies that receive payments under title VIII of the Elementary and Secondary Education Act of 1965 [20 U.S.C. 7701 et seq.];
(4)projects to reduce inappropriate identification of children as children with disabilities, particularly among minority children;
(5)projects that are carried out in particular areas of the country, to ensure broad geographic coverage;
(6)projects that promote the development and use of technologies with universal design, assistive technology devices, and assistive technology services to maximize children with disabilities’ access to and participation in the general education curriculum; and
(7)any activity that is authorized in part B or C.
(e) Eligibility for financial assistance
No State or local educational agency, or other public institution or agency, may receive a grant or enter into a contract or cooperative agreement under part B or C that 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.
9567b(c) of this title, referred to in subsec. (a)(1), was in the original “section 178(c) of the Education Sciences Reform Act of 2002”, meaning section 178(c) ofPub. L. 107–279, which was translated as reading section 177(c) ofPub. L. 107–279, to reflect the probable intent of Congress, because Pub. L. 107–279does not contain a section
178 andsection 177(c) of that Act requires development of a plan.
The Elementary and Secondary Education Act of 1965, referred to in subsec. (d)(3)(K), is Pub. L. 89–10, Apr. 11, 1965, 79 Stat. 27, as amended. Title VIII of the Act is classified generally to subchapter VIII (§ 7701 et seq.) of chapter
70 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.
A prior section
1481,Pub. L. 91–230, title VI, § 681, as added Pub. L. 105–17, title I, § 101,June 4, 1997, 111 Stat. 146, related to congressional findings and purposes for subpart 2 of part B of former subchapter IV of this chapter, prior to the general amendment of subchapters I to IV of this chapter by Pub. L. 108–446.
The table below lists the classification updates, since Jan. 3, 2012, for this section. Updates to a broader range of sections may be found at the update page for containing chapter, title, etc.
The most recent Classification Table update that we have noticed was Tuesday, August 13, 2013
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Description of Change
Statutes at Large
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