Section 1482

§1482. Administrative provisions

(a) Applicant and recipient responsibilities

    (1) Development and assessment of projects

  • The Secretary shall require that an applicant for, and a recipient of, a grant, contract, or cooperative agreement for a project under part B or C—
    • (A) involve individuals with disabilities or parents of individuals with disabilities ages birth through 26 in planning, implementing, and evaluating the project; and
    • (B) where appropriate, determine whether the project has any potential for replication and adoption by other entities.

    (2) Additional responsibilities

  • The Secretary may require a recipient of a grant, contract, or cooperative agreement under part B or C to—
    • (A) share in the cost of the project;
    • (B) prepare any findings and products from the project in formats that are useful for specific audiences, including parents, administrators, teachers, early intervention personnel, related services personnel, and individuals with disabilities;
    • (C) disseminate such findings and products; and
    • (D) collaborate with other such recipients in carrying out subparagraphs (B) and (C).

(b) Application management

    (1) Standing panel

      (A) In general

    • The Secretary shall establish and use a standing panel of experts who are qualified, by virtue of their training, expertise, or experience, to evaluate each application under part B or C that requests more than $75,000 per year in Federal financial assistance.
    • (B) Membership

    • The standing panel shall include, at a minimum—
      • (i) individuals who are representatives of institutions of higher education that plan, develop, and carry out high quality programs of personnel preparation;
      • (ii) individuals who design and carry out scientifically based research targeted to the improvement of special education programs and services;
      • (iii) individuals who have recognized experience and knowledge necessary to integrate and apply scientifically based research findings to improve educational and transitional results for children with disabilities;
      • (iv) individuals who administer programs at the State or local level in which children with disabilities participate;
      • (v) individuals who prepare parents of children with disabilities to participate in making decisions about the education of their children;
      • (vi) individuals who establish policies that affect the delivery of services to children with disabilities;
      • (vii) individuals who are parents of children with disabilities ages birth through 26 who are benefiting, or have benefited, from coordinated research, personnel preparation, and technical assistance; and
      • (viii) individuals with disabilities.

      (C) Term

    • No individual shall serve on the standing panel for more than 3 consecutive years.

    (2) Peer-review panels for particular competitions

      (A) Composition

    • The Secretary shall ensure that each subpanel selected from the standing panel that reviews an application under part B or C includes—
      • (i) individuals with knowledge and expertise on the issues addressed by the activities described in the application; and
      • (ii) to the extent practicable, parents of children with disabilities ages birth through 26, individuals with disabilities, and persons from diverse backgrounds.

      (B) Federal employment limitation

    • A majority of the individuals on each subpanel that reviews an application under part B or C shall be individuals who are not employees of the Federal Government.

    (3) Use of discretionary funds for administrative purposes

      (A) Expenses and fees of non-Federal panel members

    • The Secretary may use funds available under part B or C to pay the expenses and fees of the panel members who are not officers or employees of the Federal Government.
    • (B) Administrative support

    • The Secretary may use not more than 1 percent of the funds appropriated to carry out part B or C to pay non-Federal entities for administrative support related to management of applications submitted under part B or C, respectively.

(c) Program evaluation

The Secretary may use funds made available to carry out part B or C to evaluate activities carried out under part B or C, respectively.

(d) Minimum funding required

    (1) In general

  • Subject to paragraph (2), the Secretary shall ensure that, for each fiscal year, not less than the following amounts are provided under parts B and C to address the following needs:
    • (A) $12,832,000 to address the educational, related services, transitional, and early intervention needs of children with deaf-blindness.
    • (B) $4,000,000 to address the postsecondary, vocational, technical, continuing, and adult education needs of individuals with deafness.
    • (C) $4,000,000 to address the educational, related services, and transitional needs of children with an emotional disturbance and those who are at risk of developing an emotional disturbance.

    (2) Ratable reduction

  • If the sum of the amount appropriated to carry out parts B and C, and part E of the Education Sciences Reform Act of 2002 [20 U.S.C. 9567 et seq.] for any fiscal year is less than $130,000,000, the amounts listed in paragraph (1) shall be ratably reduced for the fiscal year.
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Last modified on November 7, 2019