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20 U.S.C. § 1464Studies and evaluations

submitted 22 years ago by Pub. L. 91-230 to r/title-20-EDUCATION · 1,136 words · no verdicts yet

in plain englishAI-generated · not legal advice

The Secretary assigns most duties under this section to the Director of the Institute of Education Sciences and must assess how this chapter is being implemented. The section requires national assessments and studies, reports to the President and Congress, and authorized studies about educational services and results for children with disabilities.

(a) Studies and evaluations. (1) Delegation. The Secretary must assign the Director of the Institute of Education Sciences responsibility for carrying out this section, except for subsections (d) and (f). (2) Assessment. The Secretary, either directly or through competitively awarded grants, contracts, or cooperative agreements with eligible entities, must assess progress in carrying out this chapter. The assessment must include how effective State and local efforts are to provide: (A) a free appropriate public education to children with disabilities; and (B) early-intervention services to infants and toddlers with disabilities and to infants and toddlers who would risk substantial developmental delays without those services. (b) Assessment of national activities. (1) In general. The Secretary must conduct a national assessment of activities carried out with Federal money under this chapter in order to: (A) determine how effective this chapter is in achieving its purposes; (B) give the President, Congress, the States, local educational agencies, and the public timely information about implementing this chapter more effectively; and (C) give the President and Congress information useful for developing legislation that achieves this chapter's purposes more effectively. (2) Scope of assessment. The national assessment must assess activities supported under this chapter, including: (A) how programs assisted under this chapter are carried out and how they affect meeting developmental needs and improving academic achievement of children with disabilities, so those children can reach challenging developmental goals and challenging State academic content standards based on State academic assessments; (B) which types of programs and services have shown the greatest likelihood of helping students reach those challenging State standards and developmental goals; (C) how professional-development activities assisted under this chapter are carried out and how they affect instruction, student academic achievement, and teacher qualifications, so special-education and regular-education teachers can improve results for children with disabilities; and (D) how effective schools, local educational agencies, States, other recipients of assistance under this chapter, and the Secretary are in achieving this chapter's purposes by: (i) improving academic achievement of children with disabilities and their performance on regular statewide assessments compared with children without disabilities, and improving their performance on alternate assessments; (ii) increasing their participation in the general-education curriculum; (iii) improving their transitions at natural transition points; (iv) placing and serving them, including minority children, in the appropriate least restrictive environment; (v) preventing them, especially children with emotional disturbances and specific learning disabilities, from leaving school before completion; (vi) addressing their reading and literacy needs; (vii) reducing inappropriate identification of children, especially minority children and children with limited English proficiency, as having disabilities; (viii) improving parents' participation in their children's education; and (ix) resolving disagreements between education personnel and parents through alternative dispute-resolution activities, including mediation. (3) Interim and final reports. The Secretary must submit reports to the President and Congress: (A) an interim report summarizing preliminary assessment findings no later than three years after December 3, 2004; and (B) a final report of the assessment findings no later than five years after December 3, 2004. (c) Study on ensuring accountability for students who are held to alternative achievement standards. The Secretary must conduct one or more national studies examining: (1) the criteria States use to decide: (A) who may take alternate assessments; and (B) how many and what kinds of children take those assessments and are held to alternative achievement standards; (2) whether alternate assessment tools and procedures are valid and reliable; (3) how well alternate assessments and alternative achievement standards match State academic content standards in reading, mathematics, and science; and (4) how alternate assessments are used and how effective they are at properly measuring student progress and outcomes specific to individual instructional needs. (d) Annual report. The Secretary must give Congress an annual report that: (1) summarizes research conducted under part E of the Education Sciences Reform Act of 2002 [20 U.S.C. 9567 et seq.]; (2) analyzes and summarizes data reported by the States and the Secretary of the Interior under section 1418; (3) summarizes studies and evaluations conducted under this section and the schedule for completing them; (4) describes the extent and progress of assessing national activities; and (5) describes findings and decisions resulting from reviews of how States carry out this chapter. (e) Authorized activities. In carrying out this section, the Secretary may support objective studies, evaluations, and assessments, including studies that: (1) analyze measurable effects, outcomes, and results achieved by State and local educational agencies through activities reforming policies, procedures, and practices intended to improve educational and transition services and results for children with disabilities; (2) analyze State and local needs for professional development, parent training, and other suitable activities that can reduce the need for disciplinary actions involving children with disabilities; (3) assess educational and transition services and results for children with disabilities from minority backgrounds, including: (A) data on: (i) the number referred for special-education evaluation; (ii) the number receiving special education and related services and their educational or other service placement; (iii) the number who graduated from secondary programs with a regular diploma in the standard number of years; and (iv) the number who leave the educational system before completion; and (B) the performance of children with disabilities from minority backgrounds on State assessments and other performance measures established for all students; (4) measure educational and transition services and results for children with disabilities served under this chapter, including longitudinal studies that: (A) examine services and results for children ages 3 through 17 who receive special education and related services under this chapter, using a national representative sample of separate age groups and disability categories; and (B) examine educational results, transition services, postsecondary placement, and employment status for people with disabilities ages 18 through 21 who receive or have received special education and related services under this chapter; and (5) identify and report where children with disabilities are placed, organized by disability category. (f) Study. The Secretary must study and report to Congress on how much States adopt the policies described in section 1435(c)(1) and on the effects of those policies.
the actual law source: uscode.house.gov ↗public domain
(a) Studies and evaluations
(1) Delegation

The Secretary shall delegate to the Director of the Institute of Education Sciences responsibility to carry out this section, other than subsections (d) and (f).

(2) Assessment

The Secretary shall, directly or through grants, contracts, or cooperative agreements awarded to eligible entities on a competitive basis, assess the progress in the implementation of this chapter, including the effectiveness of State and local efforts to provide—

(A)

a free appropriate public education to children with disabilities; and

(B)

early intervention services to infants and toddlers with disabilities, and infants and toddlers who would be at risk of having substantial developmental delays if early intervention services were not provided to the infants and toddlers.

(b) Assessment of national activities
(1) In general

The Secretary shall carry out a national assessment of activities carried out with Federal funds under this chapter in order—

(A)

to determine the effectiveness of this chapter in achieving the purposes of this chapter;

(B)

to provide timely information to the President, Congress, the States, local educational agencies, and the public on how to implement this chapter more effectively; and

(C)

to provide the President and Congress with information that will be useful in developing legislation to achieve the purposes of this chapter more effectively.

(2) Scope of assessment

The national assessment shall assess activities supported under this chapter, including—

(A)

the implementation of programs assisted under this chapter and the impact of such programs on addressing the developmental needs of, and improving the academic achievement of, children with disabilities to enable the children to reach challenging developmental goals and challenging State academic content standards based on State academic assessments;

(B)

the types of programs and services that have demonstrated the greatest likelihood of helping students reach the challenging State academic content standards and developmental goals;

(C)

the implementation of the professional development activities assisted under this chapter and the impact on instruction, student academic achievement, and teacher qualifications to enhance the ability of special education teachers and regular education teachers to improve results for children with disabilities; and

(D)

the effectiveness of schools, local educational agencies, States, other recipients of assistance under this chapter, and the Secretary in achieving the purposes of this chapter by—

(i)

improving the academic achievement of children with disabilities and their performance on regular statewide assessments as compared to nondisabled children, and the performance of children with disabilities on alternate assessments;

(ii)

improving the participation of children with disabilities in the general education curriculum;

(iii)

improving the transitions of children with disabilities at natural transition points;

(iv)

placing and serving children with disabilities, including minority children, in the least restrictive environment appropriate;

(v)

preventing children with disabilities, especially children with emotional disturbances and specific learning disabilities, from dropping out of school;

(vi)

addressing the reading and literacy needs of children with disabilities;

(vii)

reducing the inappropriate overidentification of children, especially minority and limited English proficient children, as having a disability;

(viii)

improving the participation of parents of children with disabilities in the education of their children; and

(ix)

resolving disagreements between education personnel and parents through alternate dispute resolution activities, including mediation.

(3) Interim and final reports

The Secretary shall submit to the President and Congress—

(A)

an interim report that summarizes the preliminary findings of the assessment not later than 3 years after December 3, 2004; and

(B)

a final report of the findings of the assessment not later than 5 years after December 3, 2004.

(c) Study on ensuring accountability for students who are held to alternative achievement standards

The Secretary shall carry out a national study or studies to examine—

(1)

the criteria that States use to determine—

(A)

eligibility for alternate assessments; and

(B)

the number and type of children who take those assessments and are held accountable to alternative achievement standards;

(2)

the validity and reliability of alternate assessment instruments and procedures;

(3)

the alignment of alternate assessments and alternative achievement standards to State academic content standards in reading, mathematics, and science; and

(4)

the use and effectiveness of alternate assessments in appropriately measuring student progress and outcomes specific to individualized instructional need.

(d) Annual report

The Secretary shall provide an annual report to Congress that—

(1)

summarizes the research conducted under part E of the Education Sciences Reform Act of 2002 [20 U.S.C. 9567 et seq.];

(2)

analyzes and summarizes the data reported by the States and the Secretary of the Interior under section 1418 of this title;

(3)

summarizes the studies and evaluations conducted under this section and the timeline for their completion;

(4)

describes the extent and progress of the assessment of national activities; and

(5)

describes the findings and determinations resulting from reviews of State implementation of this chapter.

(e) Authorized activities

In carrying out this section, the Secretary may support objective studies, evaluations, and assessments, including studies that—

(1)

analyze measurable impact, outcomes, and results achieved by State educational agencies and local educational agencies through their activities to reform policies, procedures, and practices designed to improve educational and transitional services and results for children with disabilities;

(2)

analyze State and local needs for professional development, parent training, and other appropriate activities that can reduce the need for disciplinary actions involving children with disabilities;

(3)

assess educational and transitional services and results for children with disabilities from minority backgrounds, including—

(A)

data on—

(i)

the number of minority children who are referred for special education evaluation;

(ii)

the number of minority children who are receiving special education and related services and their educational or other service placement;

(iii)

the number of minority children who graduated from secondary programs with a regular diploma in the standard number of years; and

(iv)

the number of minority children who drop out of the educational system; and

(B)

the performance of children with disabilities from minority backgrounds on State assessments and other performance indicators established for all students;

(4)

measure educational and transitional services and results for children with disabilities served under this chapter, including longitudinal studies that—

(A)

examine educational and transitional services and results for children with disabilities who are 3 through 17 years of age and are receiving special education and related services under this chapter, using a national, representative sample of distinct age cohorts and disability categories; and

(B)

examine educational results, transition services, postsecondary placement, and employment status for individuals with disabilities, 18 through 21 years of age, who are receiving or have received special education and related services under this chapter; and

(5)

identify and report on the placement of children with disabilities by disability category.

(f) Study

The Secretary shall study, and report to Congress regarding, the extent to which States adopt policies described in section 1435(c)(1) of this title and on the effects of those policies.

Source credit: (Pub. L. 91–230, title VI, § 664, as added Pub. L. 108–446, title I, § 101, Dec. 3, 2004, 118 Stat. 2783.)

history & why it existsrecord from the source credit
  • 2004Enacted · Pub. L. 91-230 · 118 Stat. 2783

A history note hasn’t been published yet. The record shows enactment by Pub. L. 91-230 on 2004-12-03.

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