20 U.S.C. § 1481 — Comprehensive plan for parts B and C

(a) Comprehensive plan

(1) In general

After getting input from interested people with relevant expertise, the Secretary^* must create and carry out a comprehensive plan for activities under parts B and C. The plan must be aimed at improving early intervention services, educational services, related services^*, and transitional services for children with disabilities under subchapters II and III.

As far as practical, the plan must be coordinated with the plan developed under section 9567b(c) of this title. It must also include ways to address early intervention, educational, related-service, and transitional needs that State^* educational agencies identify in applications for State personnel development grants under part A and for grants under parts B and C.

(2) Public comment

The Secretary must allow the public to comment on the plan for at least 45 days.

(3) Distribution of funds

When carrying out the plan, the Secretary must, when appropriate, make sure that money awarded under parts B and C is used for activities that directly or indirectly benefit children of all ages and children with the full range of disabilities.

(4) Reports to Congress

Every year, the Secretary must report to Congress on the Secretary’s activities under parts B and C. The first report must be submitted no later than 12 months after December 3, 2004.

(b) Assistance authorized

The Secretary may award grants to eligible entities, or make contracts or cooperative agreements with eligible entities, so that they can carry out the purposes of parts B and C under the comprehensive plan in subsection (a).

(c) Special populations

(1) Application requirement

When awarding a grant, contract, or cooperative agreement under part B or C, the Secretary must, when appropriate, require an eligible entity to show how it will address the needs of children with disabilities from minority backgrounds.

(2) Required outreach and technical assistance

Despite any other provision of this chapter, the Secretary must set aside at least 2 percent of all money appropriated to carry out parts B and C. The set-aside must be used for either or both of these activities:

(A) Providing outreach and technical assistance to historically Black colleges and universities and to institutions of higher education in which at least 25 percent of the students are from minority groups. The purpose is to encourage those colleges, universities, and institutions to participate in activities under this part.

(B) Allowing historically Black colleges and universities and the institutions described in subparagraph (A) to help other colleges, universities, institutions, and agencies improve educational and transitional results for children with disabilities. This applies only if the historically Black colleges and universities and the institutions of higher education described in subparagraph (A) meet the criteria that the Secretary establishes under this part.

(d) Priorities

When awarding a grant, contract, or cooperative agreement under part B or C, the Secretary may, without following the rulemaking procedures in section 553 of title 5, limit competitions to certain projects or otherwise give priority to them. The Secretary may give that treatment to:

(1) Projects that address one or more of the following:

(A) age ranges;

(B) disabilities;

(C) school grades;

(D) types of educational placements or early intervention environments;

(E) types of services;

(F) subject areas, such as reading; or

(G) effective strategies for helping children with disabilities learn appropriate behavior at school and in other community-based educational settings.

(2) Projects that address children’s needs based on how severe or how common their disability is.

(3) Projects that address the needs of:

(A) students who are achieving at a low level;

(B) populations that are underserved;

(C) children from low-income families;

(D) children with limited English proficiency;

(E) areas that are unserved or underserved;

(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 VII of the Elementary and Secondary Education Act of 1965 [20 U.S.C. 7701 et seq.].

(4) Projects that reduce the inappropriate identification of children as children with disabilities, especially minority children.

(5) Projects carried out in particular parts of the country to ensure broad geographic coverage.

(6) Projects that promote developing and using universal-design technologies, assistive technology devices, and assistive technology services. The goal is to maximize children with disabilities’ access to and participation in the general education curriculum.

(7) Any activity authorized in part B or C.

(e) Eligibility for financial assistance

A State educational agency^*, a local educational agency^*, or another public institution or agency may not receive a grant or enter into a contract or cooperative agreement under part B or C for programs, projects, and activities that relate only to children ages 3 through 5, inclusive, unless the State is eligible to receive a grant under section 1419(b) of this title.

This section uses the terms “parts B and C,” “eligible entities,” “State educational agencies,” “local educational agencies,” “minority backgrounds,” “limited English proficiency,” “unserved,” “underserved,” and “universal design^*,” but does not define them.