§ 1443. — Allocation of funds.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 20USC1443]
TITLE 20--EDUCATION
CHAPTER 33--EDUCATION OF INDIVIDUALS WITH DISABILITIES
SUBCHAPTER III--INFANTS AND TODDLERS WITH DISABILITIES
Sec. 1443. Allocation of funds
(a) Reservation of funds for outlying areas
(1) In general
From the sums appropriated to carry out this subchapter for any
fiscal year, the Secretary may reserve up to one percent for
payments to Guam, American Samoa, the Virgin Islands, and the
Commonwealth of the Northern Mariana Islands in accordance with
their respective needs.
(2) Consolidation of funds
The provisions of Public Law 95-134, permitting the
consolidation of grants to the outlying areas, shall not apply to
funds those areas receive under this subchapter.
(b) Payments to Indians
(1) In general
The Secretary shall, subject to this subsection, make payments
to the Secretary of the Interior to be distributed to tribes, tribal
organizations (as defined under section 450b of title 25), or
consortia of the above entities for the coordination of assistance
in the provision of early intervention services by the States to
infants and toddlers with disabilities and their families on
reservations served by elementary and secondary schools for Indian
children operated or funded by the Department of the Interior. The
amount of such payment for any fiscal year shall be 1.25 percent of
the aggregate of the amount available to all States under this
subchapter for such fiscal year.
(2) Allocation
For each fiscal year, the Secretary of the Interior shall
distribute the entire payment received under paragraph (1) by
providing to each tribe, tribal organization, or consortium an
amount based on the number of infants and toddlers residing on the
reservation, as determined annually, divided by the total of such
children served by all tribes, tribal organizations, or consortia.
(3) Information
To receive a payment under this subsection, the tribe, tribal
organization, or consortium shall submit such information to the
Secretary of the Interior as is needed to determine the amounts to
be distributed under paragraph (2).
(4) Use of funds
The funds received by a tribe, tribal organization, or
consortium shall be used to assist States in child find, screening,
and other procedures for the early identification of Indian children
under 3 years of age and for parent training. Such funds may also be
used to provide early intervention services in accordance with this
subchapter. Such activities may be carried out directly or through
contracts or cooperative agreements with the BIA, local educational
agencies, and other public or private nonprofit organizations. The
tribe, tribal organization, or consortium is encouraged to involve
Indian parents in the development and implementation of these
activities. The above entities shall, as appropriate, make referrals
to local, State, or Federal entities for the provision of services
or further diagnosis.
(5) Reports
To be eligible to receive a grant under paragraph (2), a tribe,
tribal organization, or consortium shall make a biennial report to
the Secretary of the Interior of activities undertaken under this
subsection, including the number of contracts and cooperative
agreements entered into, the number of children contacted and
receiving services for each year, and the estimated number of
children needing services during the 2 years following the year in
which the report is made. The Secretary of the Interior shall
include a summary of this information on a biennial basis to the
Secretary of Education along with such other information as required
under section 1411(i)(3)(E) of this title. The Secretary of
Education may require any additional information from the Secretary
of the Interior.
(6) Prohibited uses of funds
None of the funds under this subsection may be used by the
Secretary of the Interior for administrative purposes, including
child count, and the provision of technical assistance.
(c) State allotments
(1) In general
Except as provided in paragraphs (2), (3), and (4), from the
funds remaining for each fiscal year after the reservation and
payments under subsections (a) and (b) of this section, the
Secretary shall first allot to each State an amount that bears the
same ratio to the amount of such remainder as the number of infants
and toddlers in the State bears to the number of infants and
toddlers in all States.
(2) Minimum allotments
Except as provided in paragraphs (3) and (4), no State shall
receive an amount under this section for any fiscal year that is
less than the greatest of--
(A) one-half of one percent of the remaining amount
described in paragraph (1); or
(B) $500,000.
(3) Special rule for 1998 and 1999
(A) In general
Except as provided in paragraph (4), no State may receive an
amount under this section for either fiscal year 1998 or 1999
that is less than the sum of the amounts such State received for
fiscal year 1994 under--
(i) part H (as in effect for such fiscal year); and
(ii) subpart 2 of part D of chapter 1 of title I of the
Elementary and Secondary Education Act of 1965 (as in effect
on the day before the date of the enactment of the Improving
America's Schools Act of 1994) for children with
disabilities under 3 years of age.
(B) Exception
If, for fiscal year 1998 or 1999, the number of infants and
toddlers in a State, as determined under paragraph (1), is less
than the number of infants and toddlers so determined for fiscal
year 1994, the amount determined under subparagraph (A) for the
State shall be reduced by the same percentage by which the
number of such infants and toddlers so declined.
(4) Ratable reduction
(A) In general
If the sums made available under this subchapter for any
fiscal year are insufficient to pay the full amounts that all
States are eligible to receive under this subsection for such
year, the Secretary shall ratably reduce the allotments to such
States for such year.
(B) Additional funds
If additional funds become available for making payments
under this subsection for a fiscal year, allotments that were
reduced under subparagraph (A) shall be increased on the same
basis they were reduced.
(5) Definitions
For the purpose of this subsection--
(A) the terms ``infants'' and ``toddlers'' mean children
under 3 years of age; and
(B) the term ``State'' means each of the 50 States, the
District of Columbia, and the Commonwealth of Puerto Rico.
(d) Reallotment of funds
If a State elects not to receive its allotment under subsection (c)
of this section, the Secretary shall reallot, among the remaining
States, amounts from such State in accordance with such subsection.
(Pub. L. 91-230, title VI, Sec. 643, as added Pub. L. 105-17, title I,
Sec. 101, June 4, 1997, 111 Stat. 118.)
References in Text
Public Law 95-134, referred to in subsec. (a)(2), is Pub. L. 95-134,
Oct. 15, 1977, 91 Stat. 1159, as amended. Provisions relating to
consolidation of grants are contained in section 501 of Pub. L. 95-134
which is classified to section 1469a of Title 48, Territories and
Insular Possessions.
Part H (as in effect for such fiscal year [1994]), referred to in
subsec. (c)(3)(A)(i), means part H of Pub. L. 91-230, title VI, as added
by Pub. L. 99-457, title I, Sec. 101(a), Oct. 8, 1986, 100 Stat. 1145,
which was classified generally to subchapter VIII (Sec. 1471 et seq.) of
this chapter prior to repeal by Pub. L. 105-17, title II, Sec. 203(b),
June 4, 1997, 111 Stat. 157, effective July 1, 1998.
Subpart 2 of part D of chapter 1 of title I of the Elementary and
Secondary Education Act of 1965 (as in effect on the day before the date
of enactment of the Improving America's Schools Act of 1994), referred
to in subsec. (c)(3)(A)(ii), means subpart 2 of part D of chapter 1 of
title I of Pub. L. 89-10, as added by Pub. L. 100-297, title I,
Sec. 1001, Apr. 28, 1988, 102 Stat. 179, as amended, which was
classified generally to subpart 2 (Sec. 2791 et seq.) of part D of div.
I of subchapter I of chapter 47 of this title prior to being omitted in
the general amendment of Pub. L. 89-10 by Pub. L. 103-382, title I,
Sec. 101, Oct. 20, 1994, 108 Stat. 3519. The date of enactment of the
Improving America's Schools Act of 1994 is the date of enactment of Pub.
L. 103-382, which was approved Oct. 20, 1994.
Prior Provisions
A prior section 1443, Pub. L. 91-230, title VI, Sec. 643, Apr. 13,
1970, 84 Stat. 185; Pub. L. 98-199, Secs. 3(b), 12, Dec. 2, 1983, 97
Stat. 1358, 1373; Pub. L. 99-457, title III, Sec. 313, Oct. 8, 1986, 100
Stat. 1170; Pub. L. 100-630, title I, Sec. 105(c), Nov. 7, 1988, 102
Stat. 3299; Pub. L. 101-476, title IX, Sec. 901(b)(145), (146), Oct. 30,
1990, 104 Stat. 1149; Pub. L. 102-119, Sec. 25(b), Oct. 7, 1991, 105
Stat. 607, related to requirement of the Secretary to convene panels of
experts to evaluate proposals for projects, prior to repeal by Pub. L.
101-476, title V, Secs. 503, 1001, Oct. 30, 1990, 104 Stat. 1138, 1151,
effective Oct. 1, 1990.
Section Referred to in Other Sections
This section is referred to in sections 1433, 1437, 1440 of this
title.
