Title 20 — Education

Part A · Chapter 55 — Education of the Deaf

§ 4304. Laurent Clerc National Deaf Education Center

Statutory text

General authority

The Board of Trustees of Gallaudet University is authorized, in accordance with the agreement under section 4305 of this title, to maintain and operate the Laurent Clerc National Deaf Education Center (referred to in this section as the “Clerc Center”) to carry out exemplary elementary and secondary education programs, projects, and activities for the primary purpose of developing, evaluating, and disseminating innovative curricula, instructional techniques and strategies, and materials that can be used in various educational environments serving individuals who are deaf or hard of hearing throughout the Nation.

The elementary and secondary education programs described in subparagraph (A) shall serve students with a broad spectrum of needs, including students who are lower achieving academically, who come from non-English-speaking homes, who have secondary disabilities, who are members of minority groups, or who are from rural areas.

The elementary and secondary education programs described in subparagraph (A) shall include—

the Kendall Demonstration Elementary School, to provide day facilities for elementary education for students who are deaf from the age of onset of deafness to age fifteen, inclusive, but not beyond the eighth grade or its equivalent, to provide such students with the vocational, transitional, independent living, and related services they need to function independently, and to prepare such students for high school and other secondary study; and

the Model Secondary School for the Deaf, to provide day and residential facilities for secondary education for students who are deaf from grades nine through twelve, inclusive, to provide such students with the vocational, transitional, independent living, and related services they need to function independently, and to prepare such students for college, other postsecondary opportunities, or the workplace.

The Model Secondary School for the Deaf may provide residential facilities for students enrolled in the school—

who live beyond a reasonable commuting distance from the school; or

for whom such residency is necessary for them to receive a free appropriate public education within the meaning of part B of the Individuals with Disabilities Education Act [20 U.S.C. 1411 et seq.].

Administrative requirements

The Clerc Center shall—

provide technical assistance and outreach throughout the Nation to meet the training and information needs of parents of infants, children, and youth who are deaf or hard of hearing; and

provide technical assistance and training to personnel for use in teaching (i) students who are deaf or hard of hearing, in various educational environments, and (ii) students who are deaf or hard of hearing with a broad spectrum of needs as described in subsection (a).

To the extent possible, the Clerc Center shall provide the services required under paragraph (1)(B) in an equitable manner, based on the national distribution of students who are deaf or hard of hearing in educational environments as determined by the Secretary for purposes of section 618(a)(1) of the Individuals with Disabilities Education Act [20 U.S.C. 1418(a)(1)]. Such educational environments shall include—

regular classes;

resource rooms;

separate classes;

separate, public or private, nonresidential schools; and

separate, public or private, residential schools and homebound or hospital environments.

If a local educational agency, educational service agency, or State educational agency refers a child to, or places a child in, one of the elementary or secondary education programs to meet its obligation to make available a free appropriate public education under part B of the Individuals with Disabilities Education Act [20 U.S.C. 1411 et seq.], the agency or unit shall be responsible for ensuring that the special education and related services provided to the child by the education program are in accordance with part B of that Act and that the child is provided the rights and procedural safeguards under section 615 of that Act [20 U.S.C. 1415].

If the parents or guardian places a child in one of the elementary or secondary education programs, the University shall—

notify the appropriate local educational agency, educational service agency, or State educational agency of that child’s attendance in the program;

work with local educational agencies, educational service agencies, and State educational agencies, where appropriate, to ensure a smooth transfer of the child to and from that program; and

provide the child a free appropriate public education in accordance with part B of the Individuals with Disabilities Education Act [20 U.S.C. 1411 et seq.] and procedural safeguards in accordance with the following provisions of section 615 of such Act [20 U.S.C. 1415]:

Paragraphs (1), and (3) through (8) of subsection (b).

Subsections (c) through (g).

Subsection (h), except for the matter in paragraph (4) pertaining to transmission of findings and decisions to a State advisory panel.

Paragraphs (1) and (2) of subsection (i).

Subsection (j)—

except that such subsection shall not be applicable to a decision by the University to refuse to admit a child; or

to dismiss a child, except that, before dismissing any child, the University shall give at least 60 days written notice to the child’s parents and to the local educational agency in which the child resides, unless the dismissal involves a suspension, expulsion, or other change in placement covered under section 615(k) [20 U.S.C. 1415(k)].

Subsections (k) through (o).

The University, for purposes of the elementary and secondary education programs carried out at the Clerc Center, shall—

select challenging State academic content standards, aligned academic achievement standards, and State academic assessments of a State, adopted and implemented, as appropriate, pursuant to paragraphs (1) and (2) of section 6311(b) of this title and approved by the Secretary; and

implement such standards and assessments for such programs by not later than the beginning of the 2016–2017 academic year;

adopt the accountability system, consistent with section 6311(c) of this title, of the State from which standards and assessments are selected under subparagraph (A)(i); and

publicly report the results of the academic assessments implemented under subparagraph (A), except where such reporting would not yield statistically reliable information or would reveal personally identifiable information about an individual student, and the results of the annual evaluation of the programs at the Clerc Center, as determined under subparagraph (B).

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.

1992
Pub. L. 99–371 title I § 104 · 100 Stat. 781
Enacted · 20 U.S.C. § 4304
Pub. L. 99–371, title I, § 104, as added Pub. L. 102–421, title I, § 112, Oct. 16, 1992, 106 Stat. 2152
Source evidence
Code source credit
Pub. L. 99–371, title I, § 104, as added Pub. L. 102–421, title I, § 112, Oct. 16, 1992, 106 Stat. 2152
1993
Education of the Deaf Act Amendments of 1993
Pub. L. 103–73 § 203(d)(1) · 107 Stat. 718
Substituted · 20 U.S.C. § 4304
Pub. L. 103–73, § 203(d)(1), substituted “education” for “educational” in section catchline
Source evidence
Code amendment note
Pub. L. 103–73, § 203(d)(1), substituted “education” for “educational” in section catchline.
Enacted provision · exact public law section
(1) in the section heading, by striking “EDUCATIONAL” and inserting “EDUCATION”;
1993
Education of the Deaf Act Amendments of 1993
Pub. L. 103–73 § 203(d)(2) · 107 Stat. 718
1. Substituted · 20 U.S.C. § 4304(a)(1)
  Pub. L. 103–73, § 203(d)(2), in subpar. (A) substituted “deaf or hard” for “deaf and individuals who are hard”, in subpar. (B) inserted “education” after “elementary and secondary”
2. Substituted · 20 U.S.C. § 4304(a)(1)
  Pub. L. 103–73, § 203(d)(2), in subpar. (A) substituted “non-English-speaking” for “non-English speaking”, and in subpar. (C), in introductory provisions
3. Substituted · 20 U.S.C. § 4304(a)(1)
  Pub. L. 103–73, § 203(d)(2), in subpar. (A) inserted “education” after “elementary and secondary”, in cl. (i) substituted “students” for “individuals”
4. Substituted · 20 U.S.C. § 4304(a)(1)
  Pub. L. 103–73, § 203(d)(2), in subpar. (A) inserted “education” after “elementary and secondary”, in cl. (i) substituted “deaf from the age of onset of deafness to age fifteen, inclusive, but not beyond the eighth grade or its equivalent,” for “deaf,”
5. Substituted · 20 U.S.C. § 4304(a)(1)
  Pub. L. 103–73, § 203(d)(2), in subpar. (A) inserted “education” after “elementary and secondary”, in cl. (i) substituted “deaf from grades nine through twelve, inclusive,” for “deaf,”
Source evidence
Code amendment note
Subsec. (a)(1). Pub. L. 103–73, § 203(d)(2), in subpar. (A) substituted “deaf or hard” for “deaf and individuals who are hard”, in subpar. (B) inserted “education” after “elementary and secondary” and substituted “non-English-speaking” for “non-English speaking”, and in subpar. (C), in introductory provisions, inserted “education” after “elementary and secondary”, in cl. (i) substituted “students” for “individuals” wherever appearing and “deaf from the age of onset of deafness to age fifteen, inclusive, but not beyond the eighth grade or its equivalent,” for “deaf,”, and in cl. (ii) substituted “students” for “individuals” wherever appearing and “deaf from grades nine through twelve, inclusive,” for “deaf,”.
Enacted provision · exact public law section
(2) in subsection (a)(1)— (A) by striking “elementary and secondary programs” each place that such appears and inserting “elementary and secondary education programs”; (B) by striking “and individuals who are” in subparagraph (A) and inserting “or”; (C) by striking “non-English speaking” in subparagraph (B) and inserting “non-English-speaking”; and (D) in subparagraph (C)— (i) by striking “individuals” each place that such appears and inserting “students”; (ii) in clause (i), by striking “deaf,” and inserting “deaf from the age of onset of deafness to age fifteen, inclusive, but not beyond the eighth grade or its equivalent,”; and (iii) in clause (ii), by striking “deaf,” and inserting “deaf from grades nine through twelve, inclusive”;
1993
Education of the Deaf Act Amendments of 1993
Pub. L. 103–73 § 203(d)(3) · 107 Stat. 718
Substituted · 20 U.S.C. § 4304(b)(1)
Pub. L. 103–73, § 203(d)(3), substituted “infants, children, and youth” for “infants and children” in subpar. (A) and a period for the semicolon at end of subpar. (C)
Source evidence
Code amendment note
Subsec. (b)(1). Pub. L. 103–73, § 203(d)(3), substituted “infants, children, and youth” for “infants and children” in subpar. (A) and a period for the semicolon at end of subpar. (C).
Enacted provision · exact public law section
(3) in subsection (b)(1)— (A) by striking “infants and children” in subparagraph (A) and inserting “infants, children, and youth”; and (B) by striking the semicolon at the end of subparagraph (C) and inserting a period; and
1993
Education of the Deaf Act Amendments of 1993
Pub. L. 103–73 § 203(d)(4) · 107 Stat. 718
1. Substituted · 20 U.S.C. § 4304(b)(4)
  Pub. L. 103–73, § 203(d)(4), substituted “program” for “programs” in subpar. (C)(iii)
2. Substituted · 20 U.S.C. § 4304(b)(4)
  Pub. L. 103–73, § 203(d)(4), substituted “the child to and from that program” for “students to and from those programs” in subpar. (C)(iii)
3. Substituted · 20 U.S.C. § 4304(b)(4)
  Pub. L. 103–73, § 203(d)(4), substituted “a decision” for “decisions” in subpar. (C)(iii)
Source evidence
Code amendment note
Subsec. (b)(4). Pub. L. 103–73, § 203(d)(4), substituted “program” for “programs” in subpar. (A), “the child to and from that program” for “students to and from those programs” in subpar. (B), and “a decision” for “decisions” in subpar. (C)(iii).
Enacted provision · exact public law section
(4) in subsection (b)(4)— (A) by striking “programs” in subparagraph (A) and inserting “program”, (B) by striking “students to and from those programs” in subparagraph (B) and inserting “the child to and from that program”; and (C) by striking “decisions” in subparagraph (C)(iii) and inserting “a decision”.
1998
Higher Education Amendments of 1998
Pub. L. 105–244 § 912(1) · 112 Stat. 1581
1. Inserted · 20 U.S.C. § 4304(b)(1)
  Pub. L. 105–244, § 912(1), inserted “and” after semicolon in subpar. (A)
2. Substituted · 20 U.S.C. § 4304(b)(1)
  Pub. L. 105–244, § 912(1), substituted a period for “; and” at end of subpar. (B)
3. Struck · 20 U.S.C. § 4304(b)(1)
  Pub. L. 105–244, § 912(1), struck out subpar. (C) which read as follows: “establish and publish priorities for research, development, and demonstration through a process that allows for public input.”
Source evidence
Code amendment note
Subsec. (b)(1). Pub. L. 105–244, § 912(1), inserted “and” after semicolon in subpar. (A), substituted a period for “; and” at end of subpar. (B), and struck out subpar. (C) which read as follows: “establish and publish priorities for research, development, and demonstration through a process that allows for public input.”
Enacted provision · exact public law section
(1) in paragraph (1)— (A) in subparagraph (A), by inserting “and” after the semicolon; (B) in subparagraph (B), by striking “and” and inserting a period; and (C) by striking subparagraph (C);
1998
Higher Education Amendments of 1998
Pub. L. 105–244 § 912(2) · 112 Stat. 1581
1. Substituted · 20 U.S.C. § 4304(b)(2)
  Pub. L. 105–244, § 912(2), in introductory provisions, substituted “paragraph (1)(B)” for “paragraph (1)”
2. Substituted · 20 U.S.C. § 4304(b)(2)
  Pub. L. 105–244, § 912(2), in introductory provisions, substituted “section 618(a)(1)(A)” for “section 618(b)”
Source evidence
Code amendment note
Subsec. (b)(2). Pub. L. 105–244, § 912(2), in introductory provisions, substituted “paragraph (1)(B)” for “paragraph (1)” and “section 618(a)(1)(A)” for “section 618(b)”.
Enacted provision · exact public law section
(2) in the matter preceding subparagraph (A) of paragraph(2)— (A) by striking “paragraph (1)” and inserting “paragraph (1)(B)”; and (B) by striking “section 618(b)” and inserting “section618(a)(1)(A)”;
1998
Higher Education Amendments of 1998
Pub. L. 105–244 § 912(3) · 112 Stat. 1581
Substituted · 20 U.S.C. § 4304(b)(3)
Pub. L. 105–244, § 912(3), substituted “educational service agency” for “intermediate educational unit”
Source evidence
Code amendment note
Subsec. (b)(3). Pub. L. 105–244, § 912(3), substituted “educational service agency” for “intermediate educational unit”.
Enacted provision · exact public law section
(3) in paragraph (3), by striking “intermediate educational unit” and inserting “educational service agency”;
1998
Higher Education Amendments of 1998
Pub. L. 105–244 § 912(4)(A) · 112 Stat. 1581
Substituted · 20 U.S.C. § 4304(b)(4)(A)
Pub. L. 105–244, § 912(4)(A), substituted “educational service agency” for “intermediate educational unit”
Source evidence
Code amendment note
Subsec. (b)(4)(A). Pub. L. 105–244, § 912(4)(A), substituted “educational service agency” for “intermediate educational unit”.
Enacted provision · exact public law section
(A) in subparagraph (A), by striking “intermediate educational unit” and inserting “educational service agency”; and
1998
Higher Education Amendments of 1998
Pub. L. 105–244 § 912(4)(B) · 112 Stat. 1581
Substituted · 20 U.S.C. § 4304(b)(4)(B)
Pub. L. 105–244, § 912(4)(B), substituted “educational service agencies” for “intermediate educational units”
Source evidence
Code amendment note
Subsec. (b)(4)(B). Pub. L. 105–244, § 912(4)(B), substituted “educational service agencies” for “intermediate educational units”.
Enacted provision · exact public law section
(B) in subparagraph (B), by striking “intermediate educational units” and inserting “educational service agencies”; and
1998
Higher Education Amendments of 1998
Pub. L. 105–244 § 912(5) · 112 Stat. 1581
Amended · 20 U.S.C. § 4304(b)(4)(C)
Pub. L. 105–244, § 912(5), amended subpar. (C) generally. Prior to amendment, subpar. (C) read as follows: “provide the child a free appropriate public education in accordance with part B of the Individuals with Disabilities Education Act and procedural safeguards in accordance with the following provisions of section 615 of such Act:
Source evidence
Code amendment note
Subsec. (b)(4)(C). Pub. L. 105–244, § 912(5), amended subpar. (C) generally. Prior to amendment, subpar. (C) read as follows: “provide the child a free appropriate public education in accordance with part B of the Individuals with Disabilities Education Act and procedural safeguards in accordance with the following provisions of section 615 of such Act:
“(i) Subparagraphs (A), (C), (D), and (E) of paragraph (1) of subsection (b), and paragraph (2) of such subsection. “(ii) Subsection (d), except the portion of paragraph (4) requiring that findings and decisions be transmitted to a State advisory panel. “(iii) Paragraphs (1) through (3) of subsection (e). Paragraph (3) of such subsection is not applicable to a decision by the University to refuse to admit or to dismiss a child, except that, before dismissing any child, the University shall give at least 60 days notice to the child’s parents and to the local educational agency in which the child resides. “(iv) Subsection (f).”
Enacted provision · exact public law section
(5) by amending subparagraph (C) to read as follows: “(C) provide the child a free appropriate public education in accordance with part B of the Individuals with Disabilities Education Act and procedural safeguards in accordance with the following provisions of section 615of such Act: “(i) Paragraphs (1), and (3) through (6) of subsection (b). “(ii) subsections (c) through (g). “(iii) subsection (h), except for the matter in paragraph (4) pertaining to transmission of findings and decisions to a State advisory panel. “(iv) Paragraphs (1) and (2) of subsection (i). “(v) subsection (j)— “(I) except that such subsection shall not be applicable to a decision by the University to refuse to admit a child; or “(II) to dismiss a child, except that, before dismissing any child, the University shall give at least 60 days written notice to the child’s parents and to the local educational agency in which the child resides, unless the dismissal involves a suspension, expulsion, or other change in placement covered under section 615(k). “(vi) subsections (k) through (m).” .
2004
Individuals with Disabilities Education Improvement Act of 2004
Pub. L. 108–446 title III § 305(d) · 118 Stat. 2647
Substituted · 20 U.S.C. § 4304(b)(2)
Pub. L. 108–446, which directed amendment of “section 104(b)(2) of the Education of the Deaf Act” by substituting “618(a)(1)” for “618(a)(1)(A)” in introductory provisions, was not executed to this section, which is section 104 of the Education of the Deaf Act of 1986. See 2008 Amendment note above
Source evidence
Code amendment note
Subsec. (b)(2). Pub. L. 108–446, which directed amendment of “section 104(b)(2) of the Education of the Deaf Act” by substituting “618(a)(1)” for “618(a)(1)(A)” in introductory provisions, was not executed to this section, which is section 104 of the Education of the Deaf Act of 1986. See 2008 Amendment note above.
Enacted provision · exact public law section
(d) Education of the Deaf Act.— The matter preceding subparagraph (A) of section 104(b)(2) of the Education of the Deaf Act (20 U.S.C. 4304(b)(2)) is amended by striking “618(a)(1)(A)” and inserting “618(a)(1)”.
2008
Higher Education Opportunity Act
Pub. L. 110–315 § 901(1) · 122 Stat. 3078
Substituted · 20 U.S.C. § 4304
Pub. L. 110–315, § 901(1), substituted “Laurent Clerc National Deaf Education Center” for “Elementary and secondary education programs” in section catchline
Source evidence
Code amendment note
Pub. L. 110–315, § 901(1), substituted “Laurent Clerc National Deaf Education Center” for “Elementary and secondary education programs” in section catchline.
Enacted provision · exact public law section
(1) by striking the section heading and inserting “laurent clerc national deaf education center”;
2008
Higher Education Opportunity Act
Pub. L. 110–315 § 901(2) · 122 Stat. 3078
Inserted · 20 U.S.C. § 4304(a)(1)(A)
Pub. L. 110–315, § 901(2), inserted “the Laurent Clerc National Deaf Education Center (referred to in this section as the ‘Clerc Center’) to carry out” after “maintain and operate”
Source evidence
Code amendment note
Subsec. (a)(1)(A). Pub. L. 110–315, § 901(2), inserted “the Laurent Clerc National Deaf Education Center (referred to in this section as the ‘Clerc Center’) to carry out” after “maintain and operate”.
Enacted provision · exact public law section
(2) in subsection (a)(1)(A), by inserting “the Laurent Clerc National Deaf Education Center (referred to in this section as the ‘Clerc Center’) to carry out” after “maintain and operate”; and
2008
Higher Education Opportunity Act
Pub. L. 110–315 § 901(3)(A) · 122 Stat. 3078
Substituted · 20 U.S.C. § 4304(b)(1)
Pub. L. 110–315, § 901(3)(A), substituted “Clerc Center” for “elementary and secondary education programs” in introductory provisions
Source evidence
Code amendment note
Subsec. (b)(1). Pub. L. 110–315, § 901(3)(A), substituted “Clerc Center” for “elementary and secondary education programs” in introductory provisions.
Enacted provision · exact public law section
(A) in the matter preceding subparagraph (A) of paragraph (1), by striking “elementary and secondary education programs” and inserting “Clerc Center”;
2008
Higher Education Opportunity Act
Pub. L. 110–315 § 901(3)(B)(ii) · 122 Stat. 3078
Substituted · 20 U.S.C. § 4304(b)(2)
Pub. L. 110–315, § 901(3)(B)(ii), substituted “618(a)(1)” for “618(a)(1)(A)” in introductory provisions. See 2004 Amendment note below
Source evidence
Code amendment note
Subsec. (b)(2). Pub. L. 110–315, § 901(3)(B)(ii), substituted “618(a)(1)” for “618(a)(1)(A)” in introductory provisions. See 2004 Amendment note below.
Enacted provision · exact public law section
(ii) by striking “section 618(a)(1)(A)” and inserting “section 618(a)(1)”;
2008
Higher Education Opportunity Act
Pub. L. 110–315 § 901(3)(B)(i) · 122 Stat. 3078
Substituted · 20 U.S.C. § 4304(b)(2)
Pub. L. 110–315, § 901(3)(B)(i), substituted “Clerc Center” for “elementary and secondary education programs” in introductory provisions
Target inherited from the preceding amendment note.
Source evidence
Code amendment note
Pub. L. 110–315, § 901(3)(B)(i), substituted “Clerc Center” for “elementary and secondary education programs” in introductory provisions.
Enacted provision · exact public law section
(i) by striking “elementary and secondary education programs” and inserting “Clerc Center”; and
2008
Higher Education Opportunity Act
Pub. L. 110–315 § 901(3)(C)(i) · 122 Stat. 3078
Changed · 20 U.S.C. § 4304(b)(4)(C)
Pub. L. 110–315, § 901(3)(C)(i), realigned margins
Source evidence
Code amendment note
Subsec. (b)(4)(C). Pub. L. 110–315, § 901(3)(C)(i), realigned margins.
Enacted provision · exact public law section
(i) by moving the margins 2 ems to the left;
2008
Higher Education Opportunity Act
Pub. L. 110–315 § 901(3)(C)(ii) · 122 Stat. 3078
Substituted · 20 U.S.C. § 4304(b)(4)(C)(i)
Pub. L. 110–315, § 901(3)(C)(ii), substituted “(8)” for “(6)”
Source evidence
Code amendment note
Subsec. (b)(4)(C)(i). Pub. L. 110–315, § 901(3)(C)(ii), substituted “(8)” for “(6)”.
Enacted provision · exact public law section
(ii) in clause (i), by striking “(6)” and inserting “(8)”; and
2008
Higher Education Opportunity Act
Pub. L. 110–315 § 901(3)(C)(iii) · 122 Stat. 3078
Substituted · 20 U.S.C. § 4304(b)(4)(C)(vi)
Pub. L. 110–315, § 901(3)(C)(iii), substituted “(o)” for “(m)”
Source evidence
Code amendment note
Subsec. (b)(4)(C)(vi). Pub. L. 110–315, § 901(3)(C)(iii), substituted “(o)” for “(m)”.
Enacted provision · exact public law section
(iii) in clause (vi), by striking “(m)” and inserting “(o)”; and
2008
Higher Education Opportunity Act
Pub. L. 110–315 § 901(3)(D) · 122 Stat. 3078
Added · 20 U.S.C. § 4304(b)(5)
Pub. L. 110–315, § 901(3)(D), added par. (5)
Source evidence
Code amendment note
Subsec. (b)(5). Pub. L. 110–315, § 901(3)(D), added par. (5).
Enacted provision · exact public law section
(D) by adding at the end the following: “(5) The University, for purposes of the elementary and secondary education programs carried out at the Clerc Center, shall— “(A) (i) select Standards. challenging academic content standards, challenging student academic achievement standards, and academic assessments of a State, adopted and implemented, as appropriate, pursuant to paragraphs (1) and (3) of section 1111(b) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6311(b)(1) and (3)) and approved by the Secretary; and “(ii) implement such Deadline. standards and assessments for such programs by not later than the beginning of the 2009–2010 academic year; “(B) annually Deadline. determine whether such programs at the Clerc Center are making adequate yearly progress, as determined according to the definition of adequate yearly progress defined (pursuant to section 1111(b)(2)(C) of such Act (20 U.S.C. 6311(b)(2)(C))) by the State that has adopted and implemented the standards and assessments selected under subparagraph (A)(i); and “(C) publicly report Reports. the results of the academic assessments implemented under subparagraph (A), except where such reporting would not yield statistically reliable information or would reveal personally identifiable information about an individual student, and whether the programs at the Clerc Center are making adequate yearly progress, as determined under subparagraph (B).” .
2015
Every Student Succeeds Act
Pub. L. 114–95 § 9215(ee)(1)(A) · 129 Stat. 1802
Substituted · 20 U.S.C. § 4304(b)(5)(A)(i)
Pub. L. 114–95, § 9215(ee)(1)(A), substituted “select challenging State academic content standards, aligned academic achievement standards, and State academic assessments of a State, adopted and implemented, as appropriate, pursuant to paragraphs (1) and (2) of section 6311(b) of this title” for “select challenging academic content standards, challenging student academic achievement standards, and academic assessments of a State, adopted and implemented, as appropriate, pursuant to paragraphs (1) and (3) of section 6311(b) of this title”
Source evidence
Code amendment note
Subsec. (b)(5)(A)(i). Pub. L. 114–95, § 9215(ee)(1)(A), substituted “select challenging State academic content standards, aligned academic achievement standards, and State academic assessments of a State, adopted and implemented, as appropriate, pursuant to paragraphs (1) and (2) of section 6311(b) of this title” for “select challenging academic content standards, challenging student academic achievement standards, and academic assessments of a State, adopted and implemented, as appropriate, pursuant to paragraphs (1) and (3) of section 6311(b) of this title”.
Enacted provision · exact public law section
(A) in clause (i), by striking “select challenging academic content standards, challenging student academic achievement standards, and academic assessments of a State, adopted and implemented, as appropriate, pursuant to paragraphs (1) and (3) of section 1111(b) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6311(b)(1) and (3))” and inserting “select challenging State academic content standards, aligned academic achievement standards, and State academic assessments of a State, adopted and implemented, as appropriate, pursuant to paragraphs (1) and (2) of section 1111(b) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6311(b)(1) and (2))”; 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 § 9215(ee)(1)(B) · 129 Stat. 1802
Substituted · 20 U.S.C. § 4304(b)(5)(A)(ii)
Pub. L. 114–95, § 9215(ee)(1)(B), substituted “2016–2017 academic year” for “2009–2010 academic year”
Source evidence
Code amendment note
Subsec. (b)(5)(A)(ii). Pub. L. 114–95, § 9215(ee)(1)(B), substituted “2016–2017 academic year” for “2009–2010 academic year”.
Enacted provision · exact public law section
(B) in clause (ii), by striking “2009–2010 academic year” and inserting “2016–2017 academic year”;
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 § 9215(ee)(2) · 129 Stat. 1802
1. Added · 20 U.S.C. § 4304(b)(5)(B)
  Pub. L. 114–95, § 9215(ee)(2), added subpar. (B)
2. Struck · 20 U.S.C. § 4304(b)(5)(B)
  Pub. L. 114–95, § 9215(ee)(2), struck out former subpar. (B) which read as follows: “annually determine whether such programs at the Clerc Center are making adequate yearly progress, as determined according to the definition of adequate yearly progress defined (pursuant to section 6311(b)(2)(C) of this title) by the State that has adopted and implemented the standards and assessments selected under subparagraph (A)(i); and”
Source evidence
Code amendment note
Subsec. (b)(5)(B). Pub. L. 114–95, § 9215(ee)(2), added subpar. (B) and struck out former subpar. (B) which read as follows: “annually determine whether such programs at the Clerc Center are making adequate yearly progress, as determined according to the definition of adequate yearly progress defined (pursuant to section 6311(b)(2)(C) of this title) by the State that has adopted and implemented the standards and assessments selected under subparagraph (A)(i); and”.
Enacted provision · exact public law section
(2) by striking subparagraph (B) and inserting the following: “(B) adopt the accountability system, consistent with section 1111(c) of such Act, of the State from which standards and assessments are selected under subparagraph (A)(i); and” ; 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 § 9215(ee)(3) · 129 Stat. 1802
Substituted · 20 U.S.C. § 4304(b)(5)(C)
Pub. L. 114–95, § 9215(ee)(3), substituted “the results of the annual evaluation of the programs at the Clerc Center” for “whether the programs at the Clerc Center are making adequate yearly progress”
Source evidence
Code amendment note
Subsec. (b)(5)(C). Pub. L. 114–95, § 9215(ee)(3), substituted “the results of the annual evaluation of the programs at the Clerc Center” for “whether the programs at the Clerc Center are making adequate yearly progress”.
Enacted provision · exact public law section
(3) in subparagraph (C), by striking “whether the programs at the Clerc Center are making adequate yearly progress” and inserting “the results of the annual evaluation of the programs at the Clerc Center”.
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.

34 of 35 references resolved to an enrolled provision · 1 partial

Editorial Notes

References in Text

The Individuals with Disabilities Education Act, referred to in subsecs. (a)(2)(B) and (b)(3), (4)(C), is title VI of Pub. L. 91–230, Apr. 13, 1970, 84 Stat. 175. Part B of the Act is classified generally to subchapter II (§ 1411 et seq.) of chapter 33 of this title. For complete classification of this Act to the Code, see section 1400 of this title and Tables.

Amendments1993–2015 · 5 rounds

2015

Subsec. (b)(5)(A)(i). Pub. L. 114–95, § 9215(ee)(1)(A), substituted “select challenging State academic content standards, aligned academic achievement standards, and State academic assessments of a State, adopted and implemented, as appropriate, pursuant to paragraphs (1) and (2) of section 6311(b) of this title” for “select challenging academic content standards, challenging student academic achievement standards, and academic assessments of a State, adopted and implemented, as appropriate, pursuant to paragraphs (1) and (3) of section 6311(b) of this title”.

Subsec. (b)(5)(A)(ii). Pub. L. 114–95, § 9215(ee)(1)(B), substituted “2016–2017 academic year” for “2009–2010 academic year”.

Subsec. (b)(5)(B). Pub. L. 114–95, § 9215(ee)(2), added subpar. (B) and struck out former subpar. (B) which read as follows: “annually determine whether such programs at the Clerc Center are making adequate yearly progress, as determined according to the definition of adequate yearly progress defined (pursuant to section 6311(b)(2)(C) of this title) by the State that has adopted and implemented the standards and assessments selected under subparagraph (A)(i); and”.

Subsec. (b)(5)(C). Pub. L. 114–95, § 9215(ee)(3), substituted “the results of the annual evaluation of the programs at the Clerc Center” for “whether the programs at the Clerc Center are making adequate yearly progress”.

2008

Pub. L. 110–315, § 901(1), substituted “Laurent Clerc National Deaf Education Center” for “Elementary and secondary education programs” in section catchline.

Subsec. (a)(1)(A). Pub. L. 110–315, § 901(2), inserted “the Laurent Clerc National Deaf Education Center (referred to in this section as the ‘Clerc Center’) to carry out” after “maintain and operate”.

Subsec. (b)(1). Pub. L. 110–315, § 901(3)(A), substituted “Clerc Center” for “elementary and secondary education programs” in introductory provisions.

Subsec. (b)(2). Pub. L. 110–315, § 901(3)(B)(ii), substituted “618(a)(1)” for “618(a)(1)(A)” in introductory provisions. See 2004 Amendment note below.

Pub. L. 110–315, § 901(3)(B)(i), substituted “Clerc Center” for “elementary and secondary education programs” in introductory provisions.

Subsec. (b)(4)(C). Pub. L. 110–315, § 901(3)(C)(i), realigned margins.

Subsec. (b)(4)(C)(i). Pub. L. 110–315, § 901(3)(C)(ii), substituted “(8)” for “(6)”.

Subsec. (b)(4)(C)(vi). Pub. L. 110–315, § 901(3)(C)(iii), substituted “(o)” for “(m)”.

Subsec. (b)(5). Pub. L. 110–315, § 901(3)(D), added par. (5).

2004

Subsec. (b)(2). Pub. L. 108–446, which directed amendment of “section 104(b)(2) of the Education of the Deaf Act” by substituting “618(a)(1)” for “618(a)(1)(A)” in introductory provisions, was not executed to this section, which is section 104 of the Education of the Deaf Act of 1986. See 2008 Amendment note above.

1998

Subsec. (b)(1). Pub. L. 105–244, § 912(1), inserted “and” after semicolon in subpar. (A), substituted a period for “; and” at end of subpar. (B), and struck out subpar. (C) which read as follows: “establish and publish priorities for research, development, and demonstration through a process that allows for public input.”

Subsec. (b)(2). Pub. L. 105–244, § 912(2), in introductory provisions, substituted “paragraph (1)(B)” for “paragraph (1)” and “section 618(a)(1)(A)” for “section 618(b)”.

Subsec. (b)(3). Pub. L. 105–244, § 912(3), substituted “educational service agency” for “intermediate educational unit”.

Subsec. (b)(4)(A). Pub. L. 105–244, § 912(4)(A), substituted “educational service agency” for “intermediate educational unit”.

Subsec. (b)(4)(B). Pub. L. 105–244, § 912(4)(B), substituted “educational service agencies” for “intermediate educational units”.

Subsec. (b)(4)(C). Pub. L. 105–244, § 912(5), amended subpar. (C) generally. Prior to amendment, subpar. (C) read as follows: “provide the child a free appropriate public education in accordance with part B of the Individuals with Disabilities Education Act and procedural safeguards in accordance with the following provisions of section 615 of such Act:

“(i) Subparagraphs (A), (C), (D), and (E) of paragraph (1) of subsection (b), and paragraph (2) of such subsection.

“(ii) Subsection (d), except the portion of paragraph (4) requiring that findings and decisions be transmitted to a State advisory panel.

“(iii) Paragraphs (1) through (3) of subsection (e). Paragraph (3) of such subsection is not applicable to a decision by the University to refuse to admit or to dismiss a child, except that, before dismissing any child, the University shall give at least 60 days notice to the child’s parents and to the local educational agency in which the child resides.

“(iv) Subsection (f).”

1993

Pub. L. 103–73, § 203(d)(1), substituted “education” for “educational” in section catchline.

Subsec. (a)(1). Pub. L. 103–73, § 203(d)(2), in subpar. (A) substituted “deaf or hard” for “deaf and individuals who are hard”, in subpar. (B) inserted “education” after “elementary and secondary” and substituted “non-English-speaking” for “non-English speaking”, and in subpar. (C), in introductory provisions, inserted “education” after “elementary and secondary”, in cl. (i) substituted “students” for “individuals” wherever appearing and “deaf from the age of onset of deafness to age fifteen, inclusive, but not beyond the eighth grade or its equivalent,” for “deaf,”, and in cl. (ii) substituted “students” for “individuals” wherever appearing and “deaf from grades nine through twelve, inclusive,” for “deaf,”.

Subsec. (b)(1). Pub. L. 103–73, § 203(d)(3), substituted “infants, children, and youth” for “infants and children” in subpar. (A) and a period for the semicolon at end of subpar. (C).

Subsec. (b)(4). Pub. L. 103–73, § 203(d)(4), substituted “program” for “programs” in subpar. (A), “the child to and from that program” for “students to and from those programs” in subpar. (B), and “a decision” for “decisions” in subpar. (C)(iii).

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.

Effective Date of 1998 Amendment

Amendment by Pub. L. 105–244 effective Oct. 1, 1998, except as otherwise provided in Pub. L. 105–244, see section 3 of Pub. L. 105–244, set out as a note under section 1001 of this title.

Effective Date

Section effective Oct. 1, 1992, see section 161 of Pub. L. 102–421, set out as an Effective Date of 1992 Amendment note under section 4301 of this title.

Credits

1992–2015 · 6 acts

1992Pub. L. 99–371, title I, § 104, as added Pub. L. 102–421, title I, § 112, Oct. 16, 1992, 106 Stat. 2152
1993amended Pub. L. 103–73, title II, § 203(d), Aug. 11, 1993, 107 Stat. 733
1998Pub. L. 105–244, title IX, § 912, Oct. 7, 1998, 112 Stat. 1829
2004Pub. L. 108–446, title III, § 305(d), Dec. 3, 2004, 118 Stat. 2805
2008Pub. L. 110–315, title IX, § 901, Aug. 14, 2008, 122 Stat. 3450
2015Pub. L. 114–95, title IX, § 9215(ee), Dec. 10, 2015, 129 Stat. 2173.

Show as published

(Pub. L. 99–371, title I, § 104, as added Pub. L. 102–421, title I, § 112, Oct. 16, 1992, 106 Stat. 2152; amended Pub. L. 103–73, title II, § 203(d), Aug. 11, 1993, 107 Stat. 733; Pub. L. 105–244, title IX, § 912, Oct. 7, 1998, 112 Stat. 1829; Pub. L. 108–446, title III, § 305(d), Dec. 3, 2004, 118 Stat. 2805; Pub. L. 110–315, title IX, § 901, Aug. 14, 2008, 122 Stat. 3450; Pub. L. 114–95, title IX, § 9215(ee), Dec. 10, 2015, 129 Stat. 2173.)