§ 1419. — Preschool grants.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 20USC1419]
TITLE 20--EDUCATION
CHAPTER 33--EDUCATION OF INDIVIDUALS WITH DISABILITIES
SUBCHAPTER II--ASSISTANCE FOR EDUCATION OF ALL CHILDREN WITH
DISABILITIES
Sec. 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.
(Pub. L. 91-230, title VI, Sec. 619, as added Pub. L. 105-17, title I,
Sec. 101, June 4, 1997, 111 Stat. 102.)
References in Text
Section 619(c)(3), as then in effect, referred to in subsec.
(g)(1)(A), means section 619 of Pub. L. 91-230, title VI, as added by
Pub. L. 94-142, Sec. 5(a), Nov. 29, 1975, 89 Stat. 793, as amended,
which was classified to this section prior to the general amendment of
subchapters I to IV of this chapter by Pub. L. 105-17, title I,
Sec. 101, June 4, 1997, 111 Stat. 37.
Prior Provisions
A prior section 1419, Pub. L. 91-230, title VI, Sec. 619, as added
Pub. L. 94-142, Sec. 5(a), Nov. 29, 1975, 89 Stat. 793; amended Pub. L.
98-199, Secs. 3(b), 9, Dec. 2, 1983, 97 Stat. 1358, 1363; Pub. L. 99-
457, title II, Sec. 201(a), Oct. 8, 1986, 100 Stat. 1155; Pub. L. 100-
630, title I, Sec. 102(i), Nov. 7, 1988, 102 Stat. 3296; Pub. L. 101-
476, title IX, Sec. 901(b)(79)-(93), Oct. 30, 1990, 104 Stat. 1145,
1146; Pub. L. 102-119, Secs. 7, 25(b), Oct. 7, 1991, 105 Stat. 591, 607,
related to preschool grants, prior to the general amendment of
subchapters I to IV of this chapter by Pub. L. 105-17.
A prior section 1420, Pub. L. 91-230, title VI, Sec. 620, as added
Pub. L. 94-142, Sec. 5(a), Nov. 29, 1975, 89 Stat. 793; amended Pub. L.
98-199, Sec. 3(b), Dec. 2, 1983, 97 Stat. 1358, which related to
payments to States and distribution by States to local educational
agencies and intermediate educational units, was omitted in the general
amendment of subchapters I to IV of this chapter by Pub. L. 105-17.
Prior sections 1421 to 1427, which comprised former subchapter III
of this chapter, were repealed by Pub. L. 105-17, title II, Sec. 203(c),
June 4, 1997, 111 Stat. 157, effective Oct. 1, 1997.
Section 1421, Pub. L. 91-230, title VI, Sec. 621, Apr. 13, 1970, 84
Stat. 181; Pub. L. 98-199, Secs. 3(b), 10, Dec. 2, 1983, 97 Stat. 1358,
1363; Pub. L. 99-457, title III, Sec. 301, Oct. 8, 1986, 100 Stat. 1159;
Pub. L. 100-630, title I, Sec. 103(b), Nov. 7, 1988, 102 Stat. 3296;
Pub. L. 101-476, title III, Sec. 301, title IX, Sec. 901(b)(95)-(99),
Oct. 30, 1990, 104 Stat. 1117, 1146; Pub. L. 102-119, Sec. 25(b), Oct.
7, 1991, 105 Stat. 607, related to establishment and operation of
regional and Federal resource centers.
Section 1422, Pub. L. 91-230, title VI, Sec. 622, Apr. 13, 1970, 84
Stat. 182; Pub. L. 98-199, Secs. 3(b), 10, Dec. 2, 1983, 97 Stat. 1358,
1364; Pub. L. 99-457, title III, Sec. 302, Oct. 8, 1986, 100 Stat. 1160;
Pub. L. 100-630, title I, Sec. 103(c), Nov. 7, 1988, 102 Stat. 3297;
Pub. L. 101-476, title III, Sec. 302, Oct. 30, 1990, 104 Stat. 1118;
Pub. L. 102-119, Sec. 25(a)(8), Oct. 7, 1991, 105 Stat. 606; Pub. L.
103-382, title III, Sec. 391(f)(3), Oct. 20, 1994, 108 Stat. 4023,
related to services for deaf-blind children and youth.
Section 1423, Pub. L. 91-230, title VI, Sec. 623, Apr. 13, 1970, 84
Stat. 183; Pub. L. 98-199, Secs. 3(b), 10, Dec. 2, 1983, 97 Stat. 1358,
1365; Pub. L. 99-457, title III, Sec. 303, Oct. 8, 1986, 100 Stat. 1161;
Pub. L. 100-630, title I, Sec. 103(d), Nov. 7, 1988, 102 Stat. 3297;
Pub. L. 101-476, title III, Sec. 303, title IX, Sec. 901(b)(100)-(106),
Oct. 30, 1990, 104 Stat. 1121, 1146, 1147; Pub. L. 102-119, Secs. 8,
25(a)(9), (b), Oct. 7, 1991, 105 Stat. 592, 606, 607, related to early
education for children with disabilities.
Section 1424, Pub. L. 91-230, title VI, Sec. 624, Apr. 13, 1970, 84
Stat. 183; Pub. L. 98-199, Secs. 3(b), 10, Dec. 2, 1983, 97 Stat. 1358,
1366; Pub. L. 99-457, title III, Sec. 304, Oct. 8, 1986, 100 Stat. 1162;
Pub. L. 100-630, title I, Sec. 103(e), Nov. 7, 1988, 102 Stat. 3297;
Pub. L. 101-476, title III, Sec. 304, title IX, Sec. 901(b)(107)-(110),
Oct. 30, 1990, 104 Stat. 1122, 1147; Pub. L. 102-119, Sec. 25(a)(10),
(b), Oct. 7, 1991, 105 Stat. 606, 607, related to programs for children
with severe disabilities.
Section 1424a, Pub. L. 91-230, title VI, Sec. 625, as added Pub. L.
93-380, title VI, Sec. 616, Aug. 21, 1974, 88 Stat. 584; amended Pub. L.
98-199, Secs. 3(b), 10, Dec. 2, 1983, 97 Stat. 1358, 1367; Pub. L. 99-
457, title III, Sec. 305, Oct. 8, 1986, 100 Stat. 1162; Pub. L. 100-630,
title I, Sec. 103(f), Nov. 7, 1988, 102 Stat. 3297; Pub. L. 101-476,
title III, Sec. 305, title IX, Sec. 901(b)(111)-(118), Oct. 30, 1990,
104 Stat. 1123, 1147; Pub. L. 102-119, Sec. 25(b), Oct. 7, 1991, 105
Stat. 607; Pub. L. 102-421, title II, Sec. 201(a), Oct. 16, 1992, 106
Stat. 2164, related to programs of postsecondary, vocational, technical,
continuing, or adult education for individuals with disabilities.
Section 1425, Pub. L. 91-230, title VI, Sec. 626, formerly Sec. 625,
Apr. 13, 1970, 84 Stat. 183, renumbered Sec. 626, Pub. L. 93-380, title
VI, Sec. 616, Aug. 21, 1974, 88 Stat. 584; amended Pub. L. 98-199,
Secs. 3(b), 10, Dec. 2, 1983, 97 Stat. 1358, 1367; Pub. L. 99-457, title
III, Sec. 306, Oct. 8, 1986, 100 Stat. 1163; Pub. L. 100-630, title I,
Sec. 103(g), Nov. 7, 1988, 102 Stat. 3298; Pub. L. 101-476, title III,
Sec. 306, title IX, Sec. 901(b)(119)-(127), Oct. 30, 1990, 104 Stat.
1124, 1147, 1148; Pub. L. 102-119, Sec. 25(a)(11), (b), Oct. 7, 1991,
105 Stat. 606, 607, related to secondary education and transitional
services for youth with disabilities.
Section 1426, Pub. L. 91-230, title VI, Sec. 627, formerly Sec. 626,
Apr. 13, 1970, 84 Stat. 184, renumbered Sec. 627 and amended Pub. L. 93-
380, title VI, Secs. 616, 617, Aug. 21, 1974, 88 Stat. 584; Pub. L. 95-
49, Sec. 2, June 17, 1977, 91 Stat. 230; Pub. L. 98-199, Sec. 10, Dec.
2, 1983, 97 Stat. 1368; Pub. L. 101-476, title III, Sec. 307, Oct. 30,
1990, 104 Stat. 1127, related to programs for children and youth with
serious emotional disturbance.
Section 1427, Pub. L. 91-230, title VI, Sec. 628, as added Pub. L.
98-199, Sec. 10, Dec. 2, 1983, 97 Stat. 1368; amended Pub. L. 99-457,
title III, Sec. 307, Oct. 8, 1986, 100 Stat. 1165; Pub. L. 101-476,
title III, Sec. 308, Oct. 30, 1990, 104 Stat. 1128, authorized
appropriations.
Effective Date
Section effective beginning with funds appropriated for fiscal year
1998, see section 201(a)(2)(D) of Pub. L. 105-17, set out as a note
under section 1400 of this title.
Preschool Grants
Section 110 of Pub. L. 100-630, as amended by Pub. L. 101-476, title
IX, Sec. 901(a)(3), Oct. 30, 1990, 104 Stat. 1142, provided that: ``The
provisions of section 300.300(b)(3) of title 34, Code of Federal
Regulations, shall not apply with respect to children aged 3 through 5,
inclusive, in any State for any fiscal year for which the State receives
a grant under section 619(a)(1) of the Individuals with Disabilities
Education Act [20 U.S.C. 1419(a)(1)].''
Section Referred to in Other Sections
This section is referred to in sections 1411, 1453, 1461 of this
title; title 42 sections 9835, 9836, 9837.
