20 U.S.C. § 1414
Section 1414 · Evaluations, eligibility determinations, individualized education programs, and educational placements
Showing the earliest text we hold (October 7, 1991). You asked for August 16, 1989, which predates our version history.
View current version →A local educational agency or an intermediate educational unit which desires to receive payments under section 1411(d) of this title for any fiscal year shall submit an application to the appropriate State educational agency. Such application shall—
(1) provide satisfactory assurance that payments under this subchapter will be used for excess costs directly attributable to programs which—
(A) provide that all children residing within the jurisdiction of the local educational agency or the intermediate educational unit who are disabled, regardless of the severity of their disability, and are in need of special education and related services will be identified, located, and evaluated, and provide for the inclusion of a practical method of determining which children are currently receiving needed special education and related services and which children are not currently receiving such education and services;
(B) establish policies and procedures in accordance with detailed criteria prescribed under section 1417(c) of this title;
(C) establish a goal of providing full educational opportunities to all children with disabilities, including—
(i) procedures for the implementation and use of the comprehensive system of personnel development established by the State educational agency under section 1413(a)(3) of this title;
(ii) the provision of, and the establishment of priorities for providing, a free appropriate public education to all children with disabilities, first with respect to children with disabilities who are not receiving an education, and second with respect to children with disabilities, within each disability, with the most severe disabilities who are receiving an inadequate education;
(iii) the participation and consultation of the parents or guardian of such children; and
(iv) to the maximum extent practicable and consistent with the provisions of section 1412(5)(B) of this title, the provision of special services to enable such children to participate in regular educational programs;
(D) establish a detailed timetable for accomplishing the goal described in subclause (C); and
(E) provide a description of the kind and number of facilities, personnel, and services necessary to meet the goal described in subclause (C);
(2) provide satisfactory assurance that—
(A) the control of funds provided under this subchapter, and title to property derived from such funds, shall be in a public agency for the uses and purposes provided in this subchapter, and that a public agency will administer such funds and property;
(B) Federal funds expended by local educational agencies and intermediate educational units for programs under this subchapter—
(i) shall be used to pay only the excess costs directly attributable to the education of children with disabilities; and
(ii) shall be used to supplement and, to the extent practicable, increase the level of State and local funds expended for the education of children with disabilities, and in no case to supplant such State and local funds; and
(C) State and local funds will be used in the jurisdiction of the local educational agency or intermediate educational unit to provide services in program areas that, taken as a whole, are at least comparable to services being provided in areas of such jurisdiction that are not receiving funds under this subchapter;
(3) provide for—
(A) furnishing such information (which, in the case of reports relating to performance, is in accordance with specific performance criteria related to program objectives), as may be necessary to enable the State educational agency to perform its duties under this subchapter, including information relating to the educational achievement of children with disabilities participating in programs carried out under this subchapter; and
(B) keeping such records, and affording such access to such records, as the State educational agency may find necessary to assure the correctness and verification of such information furnished under subparagraph (A);
(4) provide for making the application and all pertinent documents related to such application available to parents, guardians, and other members of the general public, and provide that all evaluations and reports required under clause (3) shall be public information;
(5) provide assurances that the local educational agency or intermediate educational unit will establish or revise, whichever is appropriate, an individualized education program for each child with a disability (or, if consistent with State policy and at the discretion of the local educational agency or intermediate educational unit, and with the concurrence of the parents or guardian, an individualized family service plan described in section 1477(d) of this title for each child with a disability aged 3 to 5, inclusive) at the beginning of each school year and will then review and, if appropriate, revise, its provisions periodically, but not less than annually;
(6) provide satisfactory assurance that policies and programs established and administered by the local educational agency or intermediate educational unit shall be consistent with the provisions of paragraph (1) through paragraph (7) of section 1412 and section 1413(a) of this title; and
(7) provide satisfactory assurance that the local educational agency or intermediate educational unit will establish and maintain procedural safeguards in accordance with the provisions of sections 1412(5)(B), 1412(5)(C), and 1415 of this title.
(1) A State educational agency shall approve any application submitted by a local educational agency or an intermediate educational unit under subsection (a) of this section if the State educational agency determines that such application meets the requirements of subsection (a) of this section, except that no such application may be approved until the State plan submitted by such State educational agency under subsection (a) of this section is approved by the Secretary under section 1413(c) of this title. A State educational agency shall disapprove any application submitted by a local educational agency or an intermediate educational unit under subsection (a) of this section if the State educational agency determines that such application does not meet the requirements of subsection (a) of this section.
(2)(A) Whenever a State educational agency, after reasonable notice and opportunity for a hearing, finds that a local educational agency or an intermediate educational unit, in the administration of an application approved by the State educational agency under paragraph (1), has failed to comply with any requirement set forth in such application, the State educational agency, after giving appropriate notice to the local educational agency or the intermediate educational unit, shall—
(i) make no further payments to such local educational agency or such intermediate educational unit under section 1420 of this title until the State educational agency is satisfied that there is no longer any failure to comply with the requirement involved; or
(ii) take such finding into account in its review of any application made by such local educational agency or such intermediate educational unit under subsection (a) of this section.
(B) The provisions of the last sentence of section 1416(a) of this title shall apply to any local educational agency or any intermediate educational unit receiving any notification from a State educational agency under this paragraph.
(3) In carrying out its functions under paragraph (1), each State educational agency shall consider any decision made pursuant to a hearing held under section 1415 of this title which is adverse to the local educational agency or intermediate educational unit involved in such decision.
(1) A State educational agency may, for purposes of the consideration and approval of applications under this section, require local educational agencies to submit a consolidated application for payments if such State educational agency determines that any individual application submitted by any such local educational agency will be disapproved because such local educational agency is ineligible to receive payments because of the application of section 1411(c)(4)(A)(i) of this title or such local educational agency would be unable to establish and maintain programs of sufficient size and scope to effectively meet the educational needs of children with disabilities.
(2)(A) In any case in which a consolidated application of local educational agencies is approved by a State educational agency under paragraph (1), the payments which such local educational agencies may receive shall be equal to the sum of payments to which each such local educational agency would be entitled under section 1411(d) of this title if an individual application of any such local educational agency had been approved.
(B) The State educational agency shall prescribe rules and regulations with respect to consolidated applications submitted under this subsection which are consistent with the provisions of paragraph (1) through paragraph (7) of section 1412 and section 1413(a) of this title and which provide participating local educational agencies with joint responsibilities for implementing programs receiving payments under this subchapter.
(C) In any case in which an intermediate educational unit is required pursuant to State law to carry out the provisions of this subchapter, the joint responsibilities given to local educational agencies under subparagraph (B) shall not apply to the administration and disbursement of any payments received by such intermediate educational unit. Such responsibilities shall be carried out exclusively by such intermediate educational unit.
Whenever a State educational agency determines that a local educational agency—
(1) is unable or unwilling to establish and maintain programs of free appropriate public education which meet the requirements established in subsection (a) of this section;
(2) is unable or unwilling to be consolidated with other local educational agencies in order to establish and maintain such programs; or
(3) has one or more children with disabilities who can best be served by a regional or State center designed to meet the needs of such children;
the State educational agency shall use the payments which would have been available to such local educational agency to provide special education and related services directly to children with disabilities residing in the area served by such local educational agency. The State educational agency may provide such education and services in such manner, and at such locations (including regional or State centers), as it considers appropriate, except that the manner in which such education and services are provided shall be consistent with the requirements of this subchapter.
Whenever 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 such agency with State and local funds otherwise available to such agency, the State educational agency may reallocate funds (or such portion of those funds as may not be required to provide such education and services) made available to such agency, pursuant to section 1411(d) of this title, to such other local educational agencies within the State as are not adequately providing special education and related services to all children with disabilities residing in the areas served by such other local educational agencies.
Notwithstanding the provisions of subsection (a)(2)(B)(ii) of this section, any local educational agency which is required to carry out any program for the education of children with disabilities pursuant to a State law shall be entitled to receive payments under section 1411(d) of this title for use in carrying out such program, except that such payments may not be used to reduce the level of expenditures for such program made by such local educational agency from State or local funds below the level of such expenditures for the fiscal year prior to the fiscal year for which such local educational agency seeks such payments.
Editorial notes U.S. Code · Office of the Law Revision Counsel
Amendments
1991—Pub. L. 102 119, §25(b), amended directory language of Pub. L. 101 476, §901(b). See 1990 Amendment note below.
Subsec. (a)(5). Pub. L. 102 119, §6, inserted “(or, if consistent with State policy and at the discretion of the local educational agency or intermediate educational unit, and with the concurrence of the parents or guardian, an individualized family service plan described in section 1477(d) of this title for each child with a disability aged 3 to 5, inclusive)” after “disability”.
1990—Pub. L. 101 476, §901(b), was amended in its directory language by Pub. L. 102 119, §25(b), requiring no change in text.
Subsec. (a)(1)(A). Pub. L. 101 476, §901(b)(59), (60), substituted “disabled” and “disability” for “handicapped” and “handicap”, respectively.
Subsec. (a)(1)(C). Pub. L. 101 476, §901(b)(61) (63), in introductory provisions substituted “children with disabilities” for “handicapped children” and in cl. (ii) substituted “children with disabilities” for “handicapped children” in three places and “disabilities” for “handicaps”.
Subsec. (a)(2)(B)(i), (ii), (3). Pub. L. 101 476, §901(b)(64), (65), substituted “children with disabilities” for “handicapped children”.
Subsec. (a)(5). Pub. L. 101 476, §901(b)(66), substituted “child with a disability” for “handicapped child”.
Subsecs. (c)(1), (d) to (f). Pub. L. 101 476, §901(b)(67) (70), substituted “children with disabilities” for “handicapped children” wherever appearing.
1988—Subsec. (a)(2). Pub. L. 100 630, §102(d)(1), amended par. (2) generally. Prior to amendment, par. (2) read as follows: “provide satisfactory assurance that (A) the control of funds provided under this subchapter, and title to property derived from such funds, shall be in a public agency for the uses and purposes provided in this subchapter, and that a public agency will administer such funds and property, (B) Federal funds expended by local educational agencies and intermediate educational units for programs under this subchapter (i) shall be used to pay only the excess costs directly attributable to the education of handicapped children, and (ii) shall be used to supplement and, to the extent practicable, increase the level of State and local funds expended for the education of handicapped children, and in no case to supplant such State and local funds, and (C) State and local funds will be used in the jurisdiction of the local educational agency or intermediate educational unit to provide services in program areas which, taken as a whole, are at least comparable to services being provided in areas of such jurisdiction which are not receiving funds under this subchapter;”.
Subsec. (a)(3). Pub. L. 100 630, §102(d)(2), amended par. (3) generally. Prior to amendment, par. (3) read as follows:
“(A) provide for furnishing such information (which, in the case of reports relating to performance, is in accordance with specific performance criteria related to program objectives), as may be necessary to enable the State educational agency to perform its duties under this subchapter, including information relating to the educational achievement of handicapped children participating in programs carried out under this subchapter; and
“(B) provide for keeping such records, and provide for affording such access to such records, as the State educational agency may find necessary to assure the correctness and verification of such information furnished under subclause (A);”.
Subsec. (a)(5). Pub. L. 100 630, §102(d)(3), struck out comma after “establish” and inserted a comma after “if appropriate”.
1983—Subsec. (b)(1). Pub. L. 98 199 substituted “Secretary” for “Commissioner”.
1975—Pub. L. 94 142, effective Oct. 1, 1977, completely revised section so as to incorporate within its provisions the process through which local educational agencies and intermediate educational units desiring to receive payments submit applications to the appropriate State educational agency and so as to strike out former provisions covering State matching funds.
Effective Date of 1990 Amendment
Amendment by Pub. L. 101 476 effective Oct. 1, 1990, see section 1001 of Pub. L. 101 476, set out as a note under section 1087ee of this title.
Effective Date of 1983 Amendment
Amendment by Pub. L. 98 199 effective Dec. 2, 1983, see section 18 of Pub. L. 98 199, set out as a note under section 1401 of this title.
Effective Date of 1975 Amendment
Complete revision of this section by section 5(a) of Pub. L. 94 142 effective Oct. 1, 1977, see section 8(c) of Pub. L. 94 142, set out as a note under section 1411 of this title.
Maintenance of Effort
Pub. L. 99 506, title X, §1005, Oct. 21, 1986, 100 Stat. 1845, directed that Secretary and State educational agency, in the case of subsec. (a)(2)(B)(ii) of this section, not include expenditures made from an accrued fund reserve surplus after July 1, 1983, and prior to Oct. 1, 1985, which were used for services for handicapped children.