Section 1411 (e) (1)

    (1) State administration

      (A) In general

    • For the purpose of administering this subchapter, including paragraph (3), section 1419 of this title, and 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 reserve for each fiscal year not more than the maximum amount the State was eligible to reserve for State administration under this section for fiscal year 2004 or $800,000 (adjusted in accordance with subparagraph (B)), whichever is greater; and
      • (ii) each outlying area may reserve for each fiscal year not more than 5 percent of the amount the outlying area receives under subsection (b)(1) for the fiscal year or $35,000, whichever is greater.

      (B) Cumulative annual adjustments

    • For each fiscal year beginning with fiscal year 2005, the Secretary shall cumulatively adjust—
      • (i) the maximum amount the State was eligible to reserve for State administration under this subchapter for fiscal year 2004; and
      • (ii) $800,000,

      • by 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) Certification

    • Prior to expenditure of funds under this paragraph, the State shall certify to the Secretary that the arrangements to establish responsibility for services pursuant to section 1412(a)(12)(A) of this title are current.
    • (D) Subchapter III

    • Funds reserved under subparagraph (A) may be used for the administration of subchapter III, if the State educational agency is the lead agency for the State under such subchapter.
    • Severe Discrepancy
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      Last modified on November 7, 2019