Laws: Cases and Codes : U.S. Code : Title 20 : Section 1411


   
U.S. Code as of: 01/19/04
Section 1411. Authorization; allotment; use of funds; authorization of appropriations

    (a) Grants to States
      (1) Purpose of grants
        The Secretary shall make grants to States and the outlying
      areas, and provide funds to the Secretary of the Interior, to
      assist them to provide special education and related services to
      children with disabilities in accordance with this subchapter.
      (2) Maximum amounts
        The maximum amount of the grant a State may receive under this
      section for any fiscal year is - 
          (A) the number of children with disabilities in the State who
        are receiving special education and related services - 
            (i) aged 3 through 5 if the State is eligible for a grant
          under section 1419 of this title; and
            (ii) aged 6 through 21; multiplied by

          (B) 40 percent of the average per-pupil expenditure in public
        elementary and secondary schools in the United States.
    (b) Outlying areas and freely associated States
      (1) Funds reserved
        From the amount appropriated for any fiscal year under
      subsection (j) of this section, the Secretary shall reserve not
      more than one percent, which shall be used - 
          (A) to provide assistance to the outlying areas in accordance
        with their respective populations of individuals aged 3 through
        21; and
          (B) for fiscal years 1998 through 2001, to carry out the
        competition described in paragraph (2), except that the amount
        reserved to carry out that competition shall not exceed the
        amount reserved for fiscal year 1996 for the competition under
        this subchapter described under the heading "SPECIAL EDUCATION"
        in Public Law 104-134.
      (2) Limitation for freely associated States
        (A) Competitive grants
          The Secretary shall use funds described in paragraph (1)(B)
        to award grants, on a competitive basis, to Guam, American
        Samoa, the Commonwealth of the Northern Mariana Islands, and
        the freely associated States to carry out the purposes of this
        subchapter.
        (B) Award basis
          The Secretary shall award grants under subparagraph (A) on a
        competitive basis, pursuant to the recommendations of the
        Pacific Region Educational Laboratory in Honolulu, Hawaii.
        Those recommendations shall be made by experts in the field of
        special education and related services.
        (C) Assistance requirements
          Any freely associated State that wishes to receive funds
        under this subchapter shall include, in its application for
        assistance - 
            (i) information demonstrating that it will meet all
          conditions that apply to States under this subchapter;
            (ii) an assurance that, notwithstanding any other provision
          of this subchapter, it will use those funds only for the
          direct provision of special education and related services to
          children with disabilities and to enhance its capacity to
          make a free appropriate public education available to all
          children with disabilities;
            (iii) the identity of the source and amount of funds, in
          addition to funds under this subchapter, that it will make
          available to ensure that a free appropriate public education
          is available to all children with disabilities within its
          jurisdiction; and
            (iv) such other information and assurances as the Secretary
          may require.
        (D) Termination of eligibility
          Notwithstanding any other provision of law, the freely
        associated States shall not receive any funds under this
        subchapter for any program year that begins after September 30,
        2001.
        (E) Administrative costs
          The Secretary may provide not more than five percent of the
        amount reserved for grants under this paragraph to pay the
        administrative costs of the Pacific Region Educational
        Laboratory under subparagraph (B).
      (3) Limitation
        An outlying area is not eligible for a competitive award under
      paragraph (2) unless it receives assistance under paragraph
      (1)(A).
      (4) Special rule
        The provisions of Public Law 95-134, permitting the
      consolidation of grants by the outlying areas, shall not apply to
      funds provided to those areas or to the freely associated States
      under this section.
      (5) Eligibility for discretionary programs
        The freely associated States shall be eligible to receive
      assistance under part B of subchapter IV of this chapter until
      September 30, 2001.
      (6) "Freely associated States" defined
        As used in this subsection, the term "freely associated States"
      means the Republic of the Marshall Islands, the Federated States
      of Micronesia, and the Republic of Palau.
    (c) Secretary of the Interior
      From the amount appropriated for any fiscal year under subsection
    (j) of this section, the Secretary shall reserve 1.226 percent to
    provide assistance to the Secretary of the Interior in accordance
    with subsection (i) of this section.
    (d) Allocations to States
      (1) In general
        After reserving funds for studies and evaluations under section
      1474(e) of this title, and for payments to the outlying areas and
      the Secretary of the Interior under subsections (b) and (c) of
      this section, the Secretary shall allocate the remaining amount
      among the States in accordance with paragraph (2) or subsection
      (e) of this section, as the case may be.
      (2) Interim formula
        Except as provided in subsection (e) of this section, the
      Secretary shall allocate the amount described in paragraph (1)
      among the States in accordance with section 611(a)(3), (4), and
      (5) and (b)(1), (2), and (3) of this Act, as in effect prior to
      June 4, 1997, except that the determination of the number of
      children with disabilities receiving special education and
      related services under such section 611(a)(3) may, at the State's
      discretion, be calculated as of the last Friday in October or as
      of December 1 of the fiscal year for which the funds are
      appropriated.
    (e) Permanent formula
      (1) Establishment of base year
        The Secretary shall allocate the amount described in subsection
      (d)(1) of this section among the States in accordance with this
      subsection for each fiscal year beginning with the first fiscal
      year for which the amount appropriated under subsection (j) of
      this section is more than $4,924,672,200.
      (2) Use of base year
        (A) "Base year" defined
          As used in this subsection, the term "base year" means the
        fiscal year preceding the first fiscal year in which this
        subsection applies.
        (B) Special rule for use of base year amount
          If a State received any funds under this section for the base
        year on the basis of children aged 3 through 5, but does not
        make a free appropriate public education available to all
        children with disabilities aged 3 through 5 in the State in any
        subsequent fiscal year, the Secretary shall compute the State's
        base year amount, solely for the purpose of calculating the
        State's allocation in that subsequent year under paragraph (3)
        or (4), by subtracting the amount allocated to the State for
        the base year on the basis of those children.
      (3) Increase in funds
        If the amount available for allocations to States under
      paragraph (1) is equal to or greater than the amount allocated to
      the States under this paragraph for the preceding fiscal year,
      those allocations shall be calculated as follows:
          (A)(i) Except as provided in subparagraph (B), the Secretary
        shall - 
            (I) allocate to each State the amount it received for the
          base year;
            (II) allocate 85 percent of any remaining funds to States
          on the basis of their relative populations of children aged 3
          through 21 who are of the same age as children with
          disabilities for whom the State ensures the availability of a
          free appropriate public education under this subchapter; and
            (III) allocate 15 percent of those remaining funds to
          States on the basis of their relative populations of children
          described in subclause (II) who are living in poverty.

          (ii) For the purpose of making grants under this paragraph,
        the Secretary shall use the most recent population data,
        including data on children living in poverty, that are
        available and satisfactory to the Secretary.
          (B) Notwithstanding subparagraph (A), allocations under this
        paragraph shall be subject to the following:
            (i) No State's allocation shall be less than its allocation
          for the preceding fiscal year.
            (ii) No State's allocation shall be less than the greatest
          of - 
              (I) the sum of - 
                (aa) the amount it received for the base year; and
                (bb) one third of one percent of the amount by which
              the amount appropriated under subsection (j) of this
              section exceeds the amount appropriated under this
              section for the base year;

              (II) the sum of - 
                (aa) the amount it received for the preceding fiscal
              year; and
                (bb) that amount multiplied by the percentage by which
              the increase in the funds appropriated from the preceding
              fiscal year exceeds 1.5 percent; or

              (III) the sum of - 
                (aa) the amount it received for the preceding fiscal
              year; and
                (bb) that amount multiplied by 90 percent of the
              percentage increase in the amount appropriated from the
              preceding fiscal year.

            (iii) Notwithstanding clause (ii), no State's allocation
          under this paragraph shall exceed the sum of - 
              (I) the amount it received for the preceding fiscal year;
            and
              (II) that amount multiplied by the sum of 1.5 percent and
            the percentage increase in the amount appropriated.

          (C) If the amount available for allocations under this
        paragraph is insufficient to pay those allocations in full,
        those allocations shall be ratably reduced, subject to
        subparagraph (B)(i).
      (4) Decrease in funds
        If the amount available for allocations to States under
      paragraph (1) is less than the amount allocated to the States
      under this section for the preceding fiscal year, those
      allocations shall be calculated as follows:
          (A) If the amount available for allocations is greater than
        the amount allocated to the States for the base year, each
        State shall be allocated the sum of - 
            (i) the amount it received for the base year; and
            (ii) an amount that bears the same relation to any
          remaining funds as the increase the State received for the
          preceding fiscal year over the base year bears to the total
          of all such increases for all States.

          (B)(i) If the amount available for allocations is equal to or
        less than the amount allocated to the States for the base year,
        each State shall be allocated the amount it received for the
        base year.
          (ii) If the amount available is insufficient to make the
        allocations described in clause (i), those allocations shall be
        ratably reduced.
    (f) State-level activities
      (1) General
        (A) Each State may retain not more than the amount described in
      subparagraph (B) for administration and other State-level
      activities in accordance with paragraphs (2) and (3).
        (B) For each fiscal year, the Secretary shall determine and
      report to the State educational agency an amount that is 25
      percent of the amount the State received under this section for
      fiscal year 1997, cumulatively adjusted by the Secretary for each
      succeeding fiscal year by the lesser of - 
          (i) the percentage increase, if any, from the preceding
        fiscal year in the State's allocation under this section; or
          (ii) the rate of inflation, as measured by the percentage
        increase, if any, from the preceding fiscal year in the
        Consumer Price Index For All Urban Consumers, published by the
        Bureau of Labor Statistics of the Department of Labor.

        (C) A State may use funds it retains under subparagraph (A)
      without regard to - 
          (i) the prohibition on commingling of funds in section
        1412(a)(18)(B) of this title; and
          (ii) the prohibition on supplanting other funds in section
        1412(a)(18)(C) of this title.
      (2) State administration
        (A) For the purpose of administering this subchapter, including
      section 1419 of this title (including the coordination of
      activities under this subchapter with, and providing technical
      assistance to, other programs that provide services to children
      with disabilities) - 
          (i) each State may use not more than twenty percent of the
        maximum amount it may retain under paragraph (1)(A) for any
        fiscal year or $500,000 (adjusted by the cumulative rate of
        inflation since fiscal year 1998, as measured by the percentage
        increase, if any, in the Consumer Price Index For All Urban
        Consumers, published by the Bureau of Labor Statistics of the
        Department of Labor), whichever is greater; and
          (ii) each outlying area may use up to five percent of the
        amount it receives under this section for any fiscal year or
        $35,000, whichever is greater.

        (B) Funds described in subparagraph (A) may also be used for
      the administration of subchapter III of this chapter, if the
      State educational agency is the lead agency for the State under
      that subchapter.
      (3) Other State-level activities
        Each State shall use any funds it retains under paragraph (1)
      and does not use for administration under paragraph (2) for any
      of the following:
          (A) Support and direct services, including technical
        assistance and personnel development and training.
          (B) Administrative costs of monitoring and complaint
        investigation, but only to the extent that those costs exceed
        the costs incurred for those activities during fiscal year
        1985.
          (C) To establish and implement the mediation process required
        by section 1415(e) of this title, including providing for the
        costs of mediators and support personnel.
          (D) To assist local educational agencies in meeting personnel
        shortages.
          (E) To develop a State Improvement Plan under part A of
        subchapter IV of this chapter.
          (F) Activities at the State and local levels to meet the
        performance goals established by the State under section
        1412(a)(16) of this title and to support implementation of the
        State Improvement Plan under part A of subchapter IV of this
        chapter if the State receives funds under that part.
          (G) To supplement other amounts used to develop and implement
        a Statewide coordinated services system designed to improve
        results for children and families, including children with
        disabilities and their families, but not to exceed one percent
        of the amount received by the State under this section. This
        system shall be coordinated with and, to the extent
        appropriate, build on the system of coordinated services
        developed by the State under subchapter III of this chapter.
          (H) For subgrants to local educational agencies for the
        purposes described in paragraph (4)(A).
      (4)(A) Subgrants to local educational agencies for
        capacity-building and improvement
        In any fiscal year in which the percentage increase in the
      State's allocation under this section exceeds the rate of
      inflation (as measured by the percentage increase, if any, from
      the preceding fiscal year in the Consumer Price Index For All
      Urban Consumers, published by the Bureau of Labor Statistics of
      the Department of Labor), each State shall reserve, from its
      allocation under this section, the amount described in
      subparagraph (B) to make subgrants to local educational agencies,
      unless that amount is less than $100,000, to assist them in
      providing direct services and in making systemic change to
      improve results for children with disabilities through one or
      more of the following:
          (i) Direct services, including alternative programming for
        children who have been expelled from school, and services for
        children in correctional facilities, children enrolled in
        State-operated or State-supported schools, and children in
        charter schools.
          (ii) Addressing needs or carrying out improvement strategies
        identified in the State's Improvement Plan under part A of
        subchapter IV of this chapter.
          (iii) Adopting promising practices, materials, and
        technology, based on knowledge derived from education research
        and other sources.
          (iv) Establishing, expanding, or implementing interagency
        agreements and arrangements between local educational agencies
        and other agencies or organizations concerning the provision of
        services to children with disabilities and their families.
          (v) Increasing cooperative problem-solving between parents
        and school personnel and promoting the use of alternative
        dispute resolution.
      (B) Maximum subgrant
        For each fiscal year, the amount referred to in subparagraph
      (A) is - 
          (i) the maximum amount the State was allowed to retain under
        paragraph (1)(A) for the prior fiscal year, or for fiscal year
        1998, 25 percent of the State's allocation for fiscal year 1997
        under this section; multiplied by
          (ii) the difference between the percentage increase in the
        State's allocation under this section and the rate of
        inflation, as measured by the percentage increase, if any, from
        the preceding fiscal year in the Consumer Price Index For All
        Urban Consumers, published by the Bureau of Labor Statistics of
        the Department of Labor.
      (5) Report on use of funds
        As part of the information required to be submitted to the
      Secretary under section 1412 of this title, each State shall
      annually describe - 
          (A) how amounts retained under paragraph (1) will be used to
        meet the requirements of this subchapter;
          (B) how those amounts will be allocated among the activities
        described in paragraphs (2) and (3) to meet State priorities
        based on input from local educational agencies; and
          (C) the percentage of those amounts, if any, that will be
        distributed to local educational agencies by formula.
    (g) Subgrants to local educational agencies
      (1) Subgrants required
        Each State that receives a grant under this section for any
      fiscal year shall distribute any funds it does not retain under
      subsection (f) of this section (at least 75 percent of the grant
      funds) to local educational agencies in the State that have
      established their eligibility under section 1413 of this title,
      and to State agencies that received funds under section 614A(a)
      of this Act for fiscal year 1997, as then in effect, and have
      established their eligibility under section 1413 of this title,
      for use in accordance with this subchapter.
      (2) Allocations to local educational agencies
        (A) Interim procedure
          For each fiscal year for which funds are allocated to States
        under subsection (d)(2) of this section, each State shall
        allocate funds under paragraph (1) in accordance with section
        611(d) of this Act, as in effect prior to June 4, 1997.
        (B) Permanent procedure
          For each fiscal year for which funds are allocated to States
        under subsection (e) of this section, each State shall allocate
        funds under paragraph (1) as follows:
          (i) Base payments
            The State shall first award each agency described in
          paragraph (1) the amount that agency would have received
          under this section for the base year, as defined in
          subsection (e)(2)(A) of this section, if the State had
          distributed 75 percent of its grant for that year under
          section 611(d), as then in effect.
          (ii) Allocation of remaining funds
            After making allocations under clause (i), the State shall
          - 
              (I) allocate 85 percent of any remaining funds to those
            agencies on the basis of the relative numbers of children
            enrolled in public and private elementary and secondary
            schools within the agency's jurisdiction; and
              (II) allocate 15 percent of those remaining funds to
            those agencies in accordance with their relative numbers of
            children living in poverty, as determined by the State
            educational agency.
      (3) Former chapter 1 State agencies
        (A) To the extent necessary, the State - 
          (i) shall use funds that are available under subsection
        (f)(1)(A) of this section to ensure that each State agency that
        received fiscal year 1994 funds under subpart 2 of part D of
        chapter 1 of title I of the Elementary and Secondary Education
        Act of 1965 receives, from the combination of funds under
        subsection (f)(1)(A) of this section and funds provided under
        paragraph (1) of this subsection, an amount equal to - 
            (I) the number of children with disabilities, aged 6
          through 21, to whom the agency was providing special
          education and related services on December 1 of the fiscal
          year for which the funds were appropriated, subject to the
          limitation in subparagraph (B); multiplied by
            (II) the per-child amount provided under such subpart for
          fiscal year 1994; and

          (ii) may use those funds to ensure that each local
        educational agency that received fiscal year 1994 funds under
        that subpart for children who had transferred from a
        State-operated or State-supported school or program assisted
        under that subpart receives, from the combination of funds
        available under subsection (f)(1)(A) of this section and funds
        provided under paragraph (1) of this subsection, an amount for
        each such child, aged 3 through 21 to whom the agency was
        providing special education and related services on December 1
        of the fiscal year for which the funds were appropriated, equal
        to the per-child amount the agency received under that subpart
        for fiscal year 1994.

        (B) The number of children counted under subparagraph (A)(i)(I)
      shall not exceed the number of children aged 3 through 21 for
      whom the agency received fiscal year 1994 funds under subpart 2
      of part D of chapter 1 of title I of the Elementary and Secondary
      Education Act of 1965.
      (4) Reallocation of funds
        If a State educational agency determines that a local
      educational agency is adequately providing a free appropriate
      public education to all children with disabilities residing in
      the area served by that agency with State and local funds, the
      State educational agency may reallocate any portion of the funds
      under this subchapter that are not needed by that local agency to
      provide a free appropriate public education to other local
      educational agencies in the State that are not adequately
      providing special education and related services to all children
      with disabilities residing in the areas they serve.
    (h) Definitions
      For the purpose of this section - 
        (1) the term "average per-pupil expenditure in public
      elementary and secondary schools in the United States" means - 
          (A) without regard to the source of funds - 
            (i) the aggregate current expenditures, during the second
          fiscal year preceding the fiscal year for which the
          determination is made (or, if satisfactory data for that year
          are not available, during the most recent preceding fiscal
          year for which satisfactory data are available) of all local
          educational agencies in the 50 States and the District of
          Columbia); plus
            (ii) any direct expenditures by the State for the operation
          of those agencies; divided by

          (B) the aggregate number of children in average daily
        attendance to whom those agencies provided free public
        education during that preceding year; and

        (2) the term "State" means each of the 50 States, the District
      of Columbia, and the Commonwealth of Puerto Rico.
    (i) Use of amounts by Secretary of the Interior
      (1) Provision of amounts for assistance
        (A) In general
          The Secretary of Education shall provide amounts to the
        Secretary of the Interior to meet the need for assistance for
        the education of children with disabilities on reservations
        aged 5 to 21, inclusive, enrolled in elementary and secondary
        schools for Indian children operated or funded by the Secretary
        of the Interior. The amount of such payment for any fiscal year
        shall be equal to 80 percent of the amount allotted under
        subsection (c) of this section for that fiscal year.
        (B) Calculation of number of children
          In the case of Indian students aged 3 to 5, inclusive, who
        are enrolled in programs affiliated with the Bureau of Indian
        Affairs (hereafter in this subsection referred to as "BIA")
        schools and that are required by the States in which such
        schools are located to attain or maintain State accreditation,
        and which schools have such accreditation prior to October 7,
        1991, the school shall be allowed to count those children for
        the purpose of distribution of the funds provided under this
        paragraph to the Secretary of the Interior. The Secretary of
        the Interior shall be responsible for meeting all of the
        requirements of this subchapter for these children, in
        accordance with paragraph (2).
        (C) Additional requirement
          With respect to all other children aged 3 to 21, inclusive,
        on reservations, the State educational agency shall be
        responsible for ensuring that all of the requirements of this
        subchapter are implemented.
      (2) Submission of information
        The Secretary of Education may provide the Secretary of the
      Interior amounts under paragraph (1) for a fiscal year only if
      the Secretary of the Interior submits to the Secretary of
      Education information that - 
          (A) demonstrates that the Department of the Interior meets
        the appropriate requirements, as determined by the Secretary of
        Education, of sections 1412 (including monitoring and
        evaluation activities) and 1413 of this title;
          (B) includes a description of how the Secretary of the
        Interior will coordinate the provision of services under this
        subchapter with local educational agencies, tribes and tribal
        organizations, and other private and Federal service providers;
          (C) includes an assurance that there are public hearings,
        adequate notice of such hearings, and an opportunity for
        comment afforded to members of tribes, tribal governing bodies,
        and affected local school boards before the adoption of the
        policies, programs, and procedures described in subparagraph
        (A);
          (D) includes an assurance that the Secretary of the Interior
        will provide such information as the Secretary of Education may
        require to comply with section 1418 of this title;
          (E) includes an assurance that the Secretary of the Interior
        and the Secretary of Health and Human Services have entered
        into a memorandum of agreement, to be provided to the Secretary
        of Education, for the coordination of services, resources, and
        personnel between their respective Federal, State, and local
        offices and with State and local educational agencies and other
        entities to facilitate the provision of services to Indian
        children with disabilities residing on or near reservations
        (such agreement shall provide for the apportionment of
        responsibilities and costs including, but not limited to, child
        find, evaluation, diagnosis, remediation or therapeutic
        measures, and (where appropriate) equipment and medical or
        personal supplies as needed for a child to remain in school or
        a program); and
          (F) includes an assurance that the Department of the Interior
        will cooperate with the Department of Education in its exercise
        of monitoring and oversight of this application, and any
        agreements entered into between the Secretary of the Interior
        and other entities under this subchapter, and will fulfill its
        duties under this subchapter.

      Section 1416(a) of this title shall apply to the information
      described in this paragraph.
      (3) Payments for education and services for Indian children with
        disabilities aged 3 through 5
        (A) In general
          With funds appropriated under subsection (j) of this section,
        the Secretary of Education shall make payments to the Secretary
        of the Interior to be distributed to tribes or tribal
        organizations (as defined under section 450b of title 25) or
        consortia of the above to provide for the coordination of
        assistance for special education and related services for
        children with disabilities aged 3 through 5 on reservations
        served by elementary and secondary schools for Indian children
        operated or funded by the Department of the Interior. The
        amount of such payments under subparagraph (B) for any fiscal
        year shall be equal to 20 percent of the amount allotted under
        subsection (c) of this section.
        (B) Distribution of funds
          The Secretary of the Interior shall distribute the total
        amount of the payment under subparagraph (A) by allocating to
        each tribe or tribal organization an amount based on the number
        of children with disabilities ages 3 through 5 residing on
        reservations as reported annually, divided by the total of
        those children served by all tribes or tribal organizations.
        (C) Submission of information
          To receive a payment under this paragraph, the tribe or
        tribal organization shall submit such figures to the Secretary
        of the Interior as required to determine the amounts to be
        allocated under subparagraph (B). This information shall be
        compiled and submitted to the Secretary of Education.
        (D) Use of funds
          The funds received by a tribe or tribal organization shall be
        used to assist in child find, screening, and other procedures
        for the early identification of children aged 3 through 5,
        parent training, and the provision of direct services. These
        activities may be carried out directly or through contracts or
        cooperative agreements with the BIA, local educational
        agencies, and other public or private nonprofit organizations.
        The tribe or tribal organization is encouraged to involve
        Indian parents in the development and implementation of these
        activities. The above entities shall, as appropriate, make
        referrals to local, State, or Federal entities for the
        provision of services or further diagnosis.
        (E) Biennial report
          To be eligible to receive a grant pursuant to subparagraph
        (A), the tribe or tribal organization shall provide to the
        Secretary of the Interior a biennial report of activities
        undertaken under this paragraph, including the number of
        contracts and cooperative agreements entered into, the number
        of children contacted and receiving services for each year, and
        the estimated number of children needing services during the 2
        years following the one in which the report is made. The
        Secretary of the Interior shall include a summary of this
        information on a biennial basis in the report to the Secretary
        of Education required under this subsection. The Secretary of
        Education may require any additional information from the
        Secretary of the Interior.
        (F) Prohibitions
          None of the funds allocated under this paragraph may be used
        by the Secretary of the Interior for administrative purposes,
        including child count and the provision of technical
        assistance.
      (4) Plan for coordination of services
        The Secretary of the Interior shall develop and implement a
      plan for the coordination of services for all Indian children
      with disabilities residing on reservations covered under this
      chapter. Such plan shall provide for the coordination of services
      benefiting these children from whatever source, including tribes,
      the Indian Health Service, other BIA divisions, and other Federal
      agencies. In developing the plan, the Secretary of the Interior
      shall consult with all interested and involved parties. It shall
      be based on the needs of the children and the system best suited
      for meeting those needs, and may involve the establishment of
      cooperative agreements between the BIA, other Federal agencies,
      and other entities. The plan shall also be distributed upon
      request to States, State and local educational agencies, and
      other agencies providing services to infants, toddlers, and
      children with disabilities, to tribes, and to other interested
      parties.
      (5) Establishment of advisory board
        To meet the requirements of section 1412(a)(21) of this title,
      the Secretary of the Interior shall establish, not later than 6
      months after June 4, 1997, under the BIA, an advisory board
      composed of individuals involved in or concerned with the
      education and provision of services to Indian infants, toddlers,
      children, and youth with disabilities, including Indians with
      disabilities, Indian parents or guardians of such children,
      teachers, service providers, State and local educational
      officials, representatives of tribes or tribal organizations,
      representatives from State Interagency Coordinating Councils
      under section 1441 of this title in States having reservations,
      and other members representing the various divisions and entities
      of the BIA. The chairperson shall be selected by the Secretary of
      the Interior. The advisory board shall - 
          (A) assist in the coordination of services within the BIA and
        with other local, State, and Federal agencies in the provision
        of education for infants, toddlers, and children with
        disabilities;
          (B) advise and assist the Secretary of the Interior in the
        performance of the Secretary's responsibilities described in
        this subsection;
          (C) develop and recommend policies concerning effective
        inter- and intra-agency collaboration, including modifications
        to regulations, and the elimination of barriers to inter- and
        intra-agency programs and activities;
          (D) provide assistance and disseminate information on best
        practices, effective program coordination strategies, and
        recommendations for improved educational programming for Indian
        infants, toddlers, and children with disabilities; and
          (E) provide assistance in the preparation of information
        required under paragraph (2)(D).
      (6) Annual reports
        (A) In general
          The advisory board established under paragraph (5) shall
        prepare and submit to the Secretary of the Interior and to the
        Congress an annual report containing a description of the
        activities of the advisory board for the preceding year.
        (B) Availability
          The Secretary of the Interior shall make available to the
        Secretary of Education the report described in subparagraph
        (A).
    (j) Authorization of appropriations
      For the purpose of carrying out this subchapter, other than
    section 1419 of this title, there are authorized to be appropriated
    such sums as may be necessary.



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