20 U.S.C. § 1417 — Administration
submitted 22 years ago by Pub. L. 91-230 to r/title-20-EDUCATION · 357 words · no verdicts yet
The Secretary provides States with cooperation, technical assistance, and short-term training for educating children with disabilities. The section limits Federal control, protects records, authorizes limited personnel, and requires model special-education forms.
(a) The Secretary* must (1) cooperate with States and provide needed technical assistance, directly or through grants or contracts, about (A) educating children with disabilities and (B) carrying out this subchapter, and (2) provide short-term training programs and institutes.
(b) This chapter does not authorize a Federal officer or employee to mandate, direct, or control a State’s, local educational agency’s, or school’s specific instructional content, academic standards or assessments, curriculum, or instructional program.
(c) Under section 1232g, the Secretary must take appropriate action to protect personally identifiable data, information, and records collected or maintained by the Secretary, State* educational agencies, and local educational agencies under this subchapter.
(d) The Secretary may hire qualified personnel needed for duties under subsection (a), section 1418, and part D of subchapter IV without applying title 5 competitive-service appointment rules or its classification and general-schedule pay rules. No more than 20 such people may be employed at one time.
(e) By the date the Secretary publishes final regulations implementing the 2004 amendments, the Secretary must widely publish and distribute to States, local educational agencies, and parent* and community training and information centers: (1) a model IEP* form; (2) a model individualized family service plan* form; (3) a model procedural-safeguards notice under section 1415(d); and (4) a model prior-written-notice form under section 1415(b)(3) and (c)(1) that meets this subchapter’s requirements.
The Secretary shall—
cooperate with, and (directly or by grant or contract) furnish technical assistance necessary to, a State* in matters relating to—
the education of children with disabilities; and
carrying out this subchapter; and
provide short-term training programs and institutes.
Nothing in this chapter shall be construed to authorize an officer or employee of the Federal Government to mandate, direct, or control a State, local educational agency*, or school’s specific instructional content, academic achievement standards and assessments, curriculum, or program of instruction.
The Secretary shall take appropriate action, in accordance with section 1232g of this title, to ensure the protection of the confidentiality of any personally identifiable data, information, and records collected or maintained by the Secretary and by State educational agencies and local educational agencies pursuant to this subchapter.
The Secretary is authorized to hire qualified personnel necessary to carry out the Secretary’s duties under subsection (a), under section 1418 of this title, and under part D of subchapter IV, without regard to the provisions of title 5 relating to appointments in the competitive service and without regard to chapter 51 and subchapter III of chapter 53 of such title relating to classification and general schedule pay rates, except that no more than 20 such personnel shall be employed at any time.
Not later than the date that the Secretary publishes final regulations under this chapter, to implement amendments made by the Individuals with Disabilities Education Improvement Act of 2004, the Secretary shall publish and disseminate widely to States, local educational agencies, and parent* and community training and information centers—
a model IEP* form;
a model individualized family service plan* (IFSP) form;
a model form of the notice of procedural safeguards described in section 1415(d) of this title; and
a model form of the prior written notice described in subsections (b)(3) and (c)(1) of section 1415 of this title that is consistent with the requirements of this subchapter and is sufficient to meet such requirements.
Source credit: (Pub. L. 91–230, title VI, § 617, as added Pub. L. 108–446, title I, § 101, Dec. 3, 2004, 118 Stat. 2737.)
- 2004Enacted · Pub. L. 91-230 · 118 Stat. 2737
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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