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Legal Resources | United States Code, Title 20 |  6301 |    1482  

Administrative Provisions   

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(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 subpart 2 or 3--

(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 subpart 2 or 3 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 subpart 2 or 3 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 subpart 2 or 3 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 subpart 2 or 3 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 subpart 2 or 3 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 subpart 2 or 3 to pay non-Federal entities for administrative support related to management of applications submitted under subpart 2 or 3, respectively.

(c) Program Evaluation.--The Secretary may use funds made available to carry out subpart 2 or 3 to evaluate activities carried out under subpart 2 or 3, 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 subparts 2 and 3 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 subparts 2 and 3, and part E of the Education Sciences Reform Act of 2002 for any fiscal year is less than $130,000,000, the amounts listed in paragraph (1) shall be ratably reduced for the fiscal year..

(Amended by P.L. 108-446, Sec. 682.)