Title 20 — Education

Part A · Chapter 33 — Education of Individuals with Disabilities

§ 1453. Applications

Statutory text

In general

Submission

A State educational agency that desires to receive a grant under this part shall submit to the Secretary an application at such time, in such manner, and including such information as the Secretary may require.

State plan

The application shall include a plan that identifies and addresses the State and local needs for the personnel preparation and professional development of personnel, as well as individuals who provide direct supplementary aids and services to children with disabilities, and that—

is designed to enable the State to meet the requirements of section 1412(a)(14) of this title and section 1435(a)(8) and (9) of this title;

is based on an assessment of State and local needs that identifies critical aspects and areas in need of improvement related to the preparation, ongoing training, and professional development of personnel who serve infants, toddlers, preschoolers, and children with disabilities within the State, including—

current and anticipated personnel vacancies and shortages; and

the number of preservice and inservice programs; and

is integrated and aligned, to the maximum extent possible, with State plans and activities under the Elementary and Secondary Education Act of 1965 [20 U.S.C. 6301 et seq.], the Rehabilitation Act of 1973 [29 U.S.C. 701 et seq.], and the Higher Education Act of 1965 [20 U.S.C. 1001 et seq.].

Requirement

The State application shall contain an assurance that the State educational agency will carry out each of the strategies described in subsection (b)(4).

Elements of State personnel development plan

Each State personnel development plan under subsection (a)(2) shall—

describe a partnership agreement that is in effect for the period of the grant, which agreement shall specify—

the nature and extent of the partnership described in section 1452(b) of this title and the respective roles of each member of the partnership, including the partner described in section 1452(b)(3) of this title if applicable; and

how the State educational agency will work with other persons and organizations involved in, and concerned with, the education of children with disabilities, including the respective roles of each of the persons and organizations;

describe how the strategies and activities described in paragraph (4) will be coordinated with activities supported with other public resources (including part B [subchapter II] and part C [subchapter III] funds retained for use at the State level for personnel and professional development purposes) and private resources;

describe how the State educational agency will align its personnel development plan under this part with the plan and application submitted under sections 1111 and 2101(d), respectively, of the Elementary and Secondary Education Act of 1965 [20 U.S.C. 6311, 6611(d)];

describe those strategies the State educational agency will use to address the professional development and personnel needs identified under subsection (a)(2) and how such strategies will be implemented, including—

a description of the programs and activities to be supported under this part that will provide personnel with the knowledge and skills to meet the needs of, and improve the performance and achievement of, infants, toddlers, preschoolers, and children with disabilities; and

how such strategies will be integrated, to the maximum extent possible, with other activities supported by grants funded under section 1462 of this title;

provide an assurance that the State educational agency will provide technical assistance to local educational agencies to improve the quality of professional development available to meet the needs of personnel who serve children with disabilities;

provide an assurance that the State educational agency will provide technical assistance to entities that provide services to infants and toddlers with disabilities to improve the quality of professional development available to meet the needs of personnel serving such children;

describe how the State educational agency will recruit and retain teachers who meet the qualifications described in section 1412(a)(14)(C) of this title and other qualified personnel in geographic areas of greatest need;

describe the steps the State educational agency will take to ensure that poor and minority children are not taught at higher rates by teachers who do not meet the qualifications described in section 1412(a)(14)(C) of this title; and

describe how the State educational agency will assess, on a regular basis, the extent to which the strategies implemented under this part have been effective in meeting the performance goals described in section 1412(a)(15) of this title.

Peer review

In general

The Secretary shall use a panel of experts who are competent, by virtue of their training, expertise, or experience, to evaluate applications for grants under section 1451(c)(1) of this title.

Composition of panel

A majority of a panel described in paragraph (1) shall be composed of individuals who are not employees of the Federal Government.

Payment of fees and expenses of certain members

The Secretary may use available funds appropriated to carry out this part to pay the expenses and fees of panel members who are not employees of the Federal Government.

Reporting procedures

Each State educational agency that receives a grant under this part shall submit annual performance reports to the Secretary. The reports shall—

describe the progress of the State educational agency in implementing its plan;

analyze the effectiveness of the State educational agency’s activities under this part and of the State educational agency’s strategies for meeting its goals under section 1412(a)(15) of this title; and

identify changes in the strategies used by the State educational agency and described in subsection (b)(4), if any, to improve the State educational agency’s performance.

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

2004
Education of the Handicapped Act
Pub. L. 91–230 title VI § 653 · 84 Stat. 121
Enacted · 20 U.S.C. § 1453
Pub. L. 91–230, title VI, § 653, as added Pub. L. 108–446, title I, § 101, Dec. 3, 2004, 118 Stat. 2768
Source evidence
Code source credit
Pub. L. 91–230, title VI, § 653, as added Pub. L. 108–446, title I, § 101, Dec. 3, 2004, 118 Stat. 2768
Enacted provision · exact public law section
Sec. 653. national center on educational media and materials for the handicapped (a) The Secretary is authorized to enter into an agreement Establishment. with an institution of higher education for the establishment and operation of a National Center on Educational Media and Materials for the Handicapped, which will provide a comprehensive program of activities to facilitate the use of new educational technology in education programs for handicapped persons, including designing and developing, and adapting instructional materials, and such other activities consistent with the purposes of this part as the Secretary may prescribe in the agreement. Such agreement shall— (1) provide that Federal funds paid to the Center will be used solely for such purposes as are set forth in the agreement; (2) authorize the Center, subject to the Secretary’s prior approval, to contract with public and private agencies and organizations for demonstration projects; and (3) provide for an annual report on the activities of the Center Report to Congress. which will lie transmitted to the Congress. (b) In considering proposals from institutions of higher education to enter into an agreement under this subsection, the Secretary shall give preference to institutions— (1) which have demonstrated the capabilities necessary for the development and evaluation of educational media for the handicapped; and (2) which can serve the educational technology needs of the Model High School for the Deaf (established under Public Law 89–694). 80 Stat. 1027. D.C. Code 31–1051 note.
2015
Every Student Succeeds Act
Pub. L. 114–95 § 9215(ss)(7) · 129 Stat. 1802
Substituted · 20 U.S.C. § 1453(b)(3)
Pub. L. 114–95, § 9215(ss)(7), substituted “and 2101(d),” for “and 2112,”
Source evidence
Code amendment note
Subsec. (b)(3). Pub. L. 114–95, § 9215(ss)(7), substituted “and 2101(d),” for “and 2112,”.
Enacted provision · exact public law section
(7) Section 653(b)(3) (20 U.S.C. 1453(b)(3)) is amended by striking “and 2112,” and inserting “and 2101(d),”.
Effective date note
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.
2015
Every Student Succeeds Act
Pub. L. 114–95 § 9214(d)(3)(A) · 129 Stat. 1802
Substituted · 20 U.S.C. § 1453(b)(7)
Pub. L. 114–95, § 9214(d)(3)(A), substituted “teachers who meet the qualifications described in section 1412(a)(14)(C) of this title” for “highly qualified teachers”
Source evidence
Code amendment note
Subsec. (b)(7). Pub. L. 114–95, § 9214(d)(3)(A), substituted “teachers who meet the qualifications described in section 1412(a)(14)(C) of this title” for “highly qualified teachers”.
Enacted provision · exact public law section
(A) in paragraph (7), by striking “highly qualified teachers” and inserting “teachers who meet the qualifications described in section 612(a)(14)(C)”; and
Effective date note
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.
2015
Every Student Succeeds Act
Pub. L. 114–95 § 9214(d)(3)(B) · 129 Stat. 1802
Substituted · 20 U.S.C. § 1453(b)(8)
Pub. L. 114–95, § 9214(d)(3)(B), substituted “teachers who do not meet the qualifications described in section 1412(a)(14)(C) of this title” for “teachers who are not highly qualified”
Source evidence
Code amendment note
Subsec. (b)(8). Pub. L. 114–95, § 9214(d)(3)(B), substituted “teachers who do not meet the qualifications described in section 1412(a)(14)(C) of this title” for “teachers who are not highly qualified”.
Enacted provision · exact public law section
(B) in paragraph (8), by striking “teachers who are not highly qualified” and inserting “teachers who do not meet the qualifications described in section 612(a)(14)(C)”; and
Effective date note
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.

4 of 4 references resolved to an enrolled provision

Editorial Notes

References in Text

The Elementary and Secondary Education Act of 1965, referred to in subsec. (a)(2)(C), 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.

The Rehabilitation Act of 1973, referred to in subsec. (a)(2)(C), is Pub. L. 93–112, Sept. 26, 1973, 87 Stat. 355, which is classified generally to chapter 16 (§ 701 et seq.) of Title 29, Labor. For complete classification of this Act to the Code, see Short Title note set out under section 701 of Title 29 and Tables.

The Higher Education Act of 1965, referred to in subsec. (a)(2)(C), is Pub. L. 89–329, Nov. 8, 1965, 79 Stat. 1219, which is classified generally to chapter 28 (§ 1001 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under section 1001 of this title and Tables.

Prior Provisions

A prior section 1453, Pub. L. 91–230, title VI, § 653, as added Pub. L. 105–17, title I, § 101, June 4, 1997, 111 Stat. 125, related to grant applications, prior to the general amendment of subchapters I to IV of this chapter by Pub. L. 108–446.

Another prior section 1453, Pub. L. 91–230, title VI, § 653, Apr. 13, 1970, 84 Stat. 187; Pub. L. 94–142, § 6(b), Nov. 29, 1975, 89 Stat. 795; Pub. L. 99–386, title II, § 204, Aug. 22, 1986, 100 Stat. 823, related to establishment and operation of centers on educational media and materials for handicapped, prior to repeal by Pub. L. 99–457, title III, § 316, Oct. 8, 1986, 100 Stat. 1171.

Amendments

2015—Subsec. (b)(3). Pub. L. 114–95, § 9215(ss)(7), substituted “and 2101(d),” for “and 2112,”.

Subsec. (b)(7). Pub. L. 114–95, § 9214(d)(3)(A), substituted “teachers who meet the qualifications described in section 1412(a)(14)(C) of this title” for “highly qualified teachers”.

Subsec. (b)(8). Pub. L. 114–95, § 9214(d)(3)(B), substituted “teachers who do not meet the qualifications described in section 1412(a)(14)(C) of this title” for “teachers who are not highly qualified”.

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.

Credits

2004–2015 · 2 acts

2004Pub. L. 91–230, title VI, § 653, as added Pub. L. 108–446, title I, § 101, Dec. 3, 2004, 118 Stat. 2768
2015amended Pub. L. 114–95, title IX, §§ 9214(d)(3), 9215(ss)(7), Dec. 10, 2015, 129 Stat. 2165, 2183.

Show as published

(Pub. L. 91–230, title VI, § 653, as added Pub. L. 108–446, title I, § 101, Dec. 3, 2004, 118 Stat. 2768; amended Pub. L. 114–95, title IX, §§ 9214(d)(3), 9215(ss)(7), Dec. 10, 2015, 129 Stat. 2165, 2183.)