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U.S. Code as of:
01/19/04
Section 1419. Preschool grants
(a) In general
The Secretary shall provide grants under this section to assist
States to provide special education and related services, in
accordance with this subchapter -
(1) to children with disabilities aged 3 through 5, inclusive;
and
(2) at the State's discretion, to 2-year-old children with
disabilities who will turn 3 during the school year.
(b) Eligibility
A State shall be eligible for a grant under this section if such
State -
(1) is eligible under section 1412 of this title to receive a
grant under this subchapter; and
(2) makes a free appropriate public education available to all
children with disabilities, aged 3 through 5, residing in the
State.
(c) Allocations to States
(1) In general
After reserving funds for studies and evaluations under section
1474(e) of this title, the Secretary shall allocate the remaining
amount among the States in accordance with paragraph (2) or (3),
as the case may be.
(2) 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 section 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
fiscal year 1997;
(II) allocate 85 percent of any remaining funds to States
on the basis of their relative populations of children aged 3
through 5; and
(III) allocate 15 percent of those remaining funds to
States on the basis of their relative populations of all
children aged 3 through 5 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 fiscal year 1997; 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 fiscal year 1997;
(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).
(3) 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 fiscal year 1997, each
State shall be allocated the sum of -
(i) the amount it received for fiscal year 1997; 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 fiscal year 1997 bears to the
total of all such increases for all States.
(B) If the amount available for allocations is equal to or
less than the amount allocated to the States for fiscal year
1997, each State shall be allocated the amount it received for
that year, ratably reduced, if necessary.
(4) Outlying areas
The Secretary shall increase the fiscal year 1998 allotment of
each outlying area under section 1411 of this title by at least
the amount that that area received under this section for fiscal
year 1997.
(d) Reservation for State activities
(1) In general
Each State may retain not more than the amount described in
paragraph (2) for administration and other State-level activities
in accordance with subsections (e) and (f) of this section.
(2) Amount described
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 -
(A) the percentage increase, if any, from the preceding
fiscal year in the State's allocation under this section; or
(B) 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.
(e) State administration
(1) In general
For the purpose of administering this section (including the
coordination of activities under this subchapter with, and
providing technical assistance to, other programs that provide
services to children with disabilities) a State may use not more
than 20 percent of the maximum amount it may retain under
subsection (d) of this section for any fiscal year.
(2) Administration of subchapter III
Funds described in paragraph (1) 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.
(f) Other State-level activities
Each State shall use any funds it retains under subsection (d) of
this section and does not use for administration under subsection
(e) of this section -
(1) for support services (including establishing and
implementing the mediation process required by section 1415(e) of
this title), which may benefit children with disabilities younger
than 3 or older than 5 as long as those services also benefit
children with disabilities aged 3 through 5;
(2) for direct services for children eligible for services
under this section;
(3) to develop a State improvement plan under part A of
subchapter IV of this chapter;
(4) for 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; or
(5) to supplement other funds 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 for a fiscal year.
(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 of the grant funds that it does
not reserve under subsection (d) of this section to local
educational agencies in the State that have established their
eligibility under section 1413 of this title, as follows:
(A) Base payments
The State shall first award each agency described in
paragraph (1) the amount that agency would have received under
this section for fiscal year 1997 if the State had distributed
75 percent of its grant for that year under section 619(c)(3),
as then in effect.
(B) Allocation of remaining funds
After making allocations under subparagraph (A), 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.
(2) 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 aged 3 through
5 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 section 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 aged 3 through 5 residing in the areas they
serve.
(h) Subchapter III inapplicable
Subchapter III of this chapter does not apply to any child with a
disability receiving a free appropriate public education, in
accordance with this subchapter, with funds received under this
section.
(i) "State" defined
For the purpose of this section, the term "State" means each of
the 50 States, the District of Columbia, and the Commonwealth of
Puerto Rico.
(j) Authorization of appropriations
For the purpose of carrying out this section, there are
authorized to be appropriated to the Secretary $500,000,000 for
fiscal year 1998 and such sums as may be necessary for each
subsequent fiscal year.
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