1995 US Code
Title 20 - EDUCATION
CHAPTER 33 - EDUCATION OF INDIVIDUALS WITH DISABILITIES
SUBCHAPTER II - ASSISTANCE FOR EDUCATION OF ALL CHILDREN WITH DISABILITIES
Sec. 1418 - Evaluation and program information

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§1418. Evaluation and program information (a) Duties of Secretary

The Secretary shall, directly or by grant, contract, or cooperative agreement, collect data and conduct studies, investigations, analyses, and evaluations—

(1) to assess progress in the implementation of this chapter;

(2) to assess the impact and effectiveness of State and local efforts, and efforts by the Secretary of the Interior, to provide—

(A) free appropriate public education to children and youth with disabilities; and

(B) early intervention services to infants and toddlers with disabilities; and

(3) to provide—

(A) Congress with information relevant to policymaking; and

(B) State, local, and Federal agencies, including the Department of the Interior, with information relevant to program management, administration, delivery, and effectiveness with respect to such education and early intervention services.

(b) Collection of data

(1) In carrying out subsection (a) of this section, the Secretary, on at least an annual basis (except as provided in subparagraph (E)), shall obtain data concerning programs and projects assisted under this chapter and under other Federal laws relating to infants, toddlers, children, and youth with disabilities, and such additional information, from State and local educational agencies, the Secretary of the Interior, and other appropriate sources, including designated lead agencies under subchapter VIII of this chapter (except that during fiscal year 1992 such entities may not under this subsection be required to provide data regarding traumatic brain injury or autism), including—

(A) the number of infants, toddlers, children, and youth with disabilities in each State receiving a free appropriate public education or early intervention services—

(i) in age groups 0–2 and 3–5, and

(ii) in age groups 6–11, 12–17, and 18–21, by disability category;

(B) the number of children and youth with disabilities in each State, by disability category, who—

(i) are participating in regular educational programs (consistent with the requirements of section 1 1412(5)(B) and 1414(a)(1)(C)(iv) of this title);

(ii) are in separate classes, separate schools or facilities, or public or private residential facilities; or

(iii) have been otherwise removed from the regular education environment;

(C) the number of children and youth with disabilities exiting the educational system each year through program completion or otherwise, by disability category, for each year of age from age 14 through 21;

(D) the number and type of personnel that are employed in the provision of—

(i) special education and related services to children and youth with disabilities, by disability category served; and

(ii) early intervention services to infants and toddlers with disabilities; and

(E) at least every three years, using the data collection method the Secretary finds most appropriate, a description of the services expected to be needed, by disability category, for youth with disabilities in age groups 12–17 and 18–21 who have left the educational system.

(2) Beginning with fiscal year 1993, the Secretary shall obtain and report data from the States under section 1413(a)(3)(A) of this title, including data addressing current and projected special education and related services needs, and data on the number of personnel who are employed on an emergency, provisional, or other basis, who do not hold appropriate State certification or licensure, and other data for the purpose of meeting the requirements of this subsection pertaining to special education and related services personnel.

(3) The Secretary shall provide, directly or by grant, contract, or cooperative agreement, technical assistance to State agencies providing the data described in paragraphs (1) and (2) to achieve accurate and comparable information.

(c) Studies and investigations under grants, contracts, or cooperative agreements

(1) The Secretary shall make grants to, or enter into contracts or cooperative agreements with, State or local educational agencies, institutions of higher education, public agencies, and private nonprofit organizations, and, when necessary because of the unique nature of the study, private-for-profit organizations, for the purpose of conducting studies, analyses, syntheses, and investigations for improving program management, administration, delivery, and effectiveness necessary to provide full educational opportunities and early interventions for all children with disabilities from birth through age 21. Such studies and investigations shall gather information necessary for program and system improvements including—

(A) developing effective, appropriate criteria and procedures to identify, evaluate, and serve infants, toddlers, children, and youth with disabilities from minority backgrounds for purposes of program eligibility, program planning, delivery of services, program placement, and parental involvement;

(B) planning and developing effective early intervention services, special education, and related services to meet the complex and changing needs of infants, toddlers, children, and youth with disabilities;

(C) developing and implementing a comprehensive system of personnel development needed to provide qualified personnel in sufficient number to deliver special education, related services, and early intervention services;

(D) developing the capacity to implement practices having the potential to integrate children with disabilities, to the maximum extent appropriate, with children who are not disabled;

(E) effectively allocating and using human and fiscal resources for providing early intervention, special education, and related services;

(F) strengthening programs and services to improve the progress of children and youth with disabilities while in special education, and to effect a successful transition when such children and youth leave special education;

(G) achieving interagency coordination to maximize resource utilization and continuity in services provided to infants, toddlers, children, and youth with disabilities;

(H) strengthening parent-school communication and coordination to improve the effectiveness of planning and delivery of interventions and instruction, thereby enhancing development and educational progress; and

(I) the identification of environmental, organizational, resource, and other conditions necessary for effective professional practice.

(2)(A) The studies and investigations authorized under this subsection may be conducted through surveys, interviews, case studies, program implementation studies, secondary data analyses and syntheses, and other appropriate methodologies.

(B) The studies and investigations conducted under this subsection shall address the information needs of State and local educational agencies for improving program management, administration, delivery, and effectiveness.

(3) The Secretary shall develop and implement a process for the on-going identification of national program information needed for improving the management, administration, delivery, and effectiveness of programs and services provided under this chapter. The process shall identify implementation issues, desired improvements, and information needed by State and local agencies to achieve such improvements, and shall be conducted in cooperation with State educational agencies that can ensure broad-based statewide input from each cooperating State. The Secretary shall publish for public comment in the Federal Register every 3 years a program information plan describing such information needs. Such program information plan shall be used to determine the priorities for, and activities carried out under, this subsection to produce, organize, and increase utilization of program information. Such program information plan shall be included in the annual report submitted under this section every 3 years.

(4) In providing funds under this subsection, the Secretary shall require recipients to prepare their procedures, findings, and other relevant information in a form that will maximize their dissemination and use, especially through dissemination networks and mechanisms authorized by this chapter, and in a form for inclusion in the annual report to Congress authorized under subsection (g) of this section.

(d) Cooperative agreements with State agencies

(1) The Secretary shall enter into cooperative agreements with State educational agencies and other State agencies to carry out studies to assess the impact and effectiveness of programs, policies, and procedures assisted under this chapter.

(2) The agreements referred to in paragraph (1) shall—

(A) provide for the payment of not more than 60 percent of the total cost of studies conducted by a participating State agency to assess the impact and effectiveness of this chapter; and

(B) be developed in consultation with the State Advisory Panel established under section 1413(a)(12) of this title, local educational agencies, and others involved in, or concerned with, the education of children and youth with disabilities and the provision of early intervention services to infants and toddlers with disabilities.

(3) The Secretary shall provide technical assistance to participating State agencies in the implementation of the study design, analysis, and reporting procedures.

(e) Studies to assess progress of program

(1) The Secretary shall by grant, contract, or cooperative agreement, provide for special studies to assess progress in the implementation of this chapter, and to assess the impact and effectiveness of State and local efforts and efforts by the Secretary of the Interior to provide free appropriate public education to children and youth with disabilities, and early intervention services to infants and toddlers with disabilities. Reports from such studies shall include recommendations for improving programs and services to such individuals. The Secretary shall, beginning in fiscal year 1993 and for every third year thereafter, submit to the appropriate committees of each House of the Congress and publish in the Federal Register proposed priorities for review and comment.

(2) In selecting priorities for fiscal years 1991 through 1994, the Secretary may give first consideration to—

(A) completing a longitudinal study of a sample of students with disabilities, examining—

(i) the full range of disabling conditions;

(ii) the educational progress of students with disabilities while in special education; and

(iii) the occupational, educational, and independent living status of students with disabilities after graduating from secondary school or otherwise leaving special education.

(B) conducting pursuant to this subsection a nationally representative study focusing on the types, number, and intensity of related services provided to children with disabilities by disability category.

(C) conducting pursuant to this subsection a study that examines the degree of disparity among States with regard to the placement in various educational settings of children and youth with similar disabilities, especially those with mental retardation, and, to the extent that such disparity exists, the factors that lead such children and youth to be educated in significantly different educational settings.

(D) conducting pursuant to this subsection a study that examines the factors that have contributed to the decline in the number of children classified as mentally retarded since the implementation of this chapter, and examines the current disparity among States in the percentage of children so classified.

(E) conducting pursuant to this subsection a study that examines the extent to which out-of-community residential programs are used for children and youth who are seriously emotionally disturbed, the factors that influence the selection of such placements, the degree to which such individuals transition back to education programs in their communities, and the factors that facilitate or impede such transition.

(F) conducting pursuant to this subsection a study that examines (i) the factors that influence the referral and placement decisions and types of placements, by disability category and English language proficiency, of minority children relative to other children, (ii) the extent to which these children are placed in regular education environments, (iii) the extent to which the parents of these children are involved in placement decisions and in the development and implementation of the individualized education program and the results of such participation, and (iv) the type of support provided to parents of these children that enable these parents to understand and participate in the educational process.

(f) Integration of information

The Secretary shall make grants to, or enter into contracts or cooperative agreements with, State or local educational agencies, institutions of higher education, other public agencies, and private nonprofit organizations to support activities that organize, synthesize, interpret, and integrate information obtained under subsections (c) and (e) of this section with relevant knowledge obtained from other sources. Such activities shall include the selection and design of content, formats, and means for communicating such information effectively to specific or general audiences, in order to promote the use of such information in improving program administration and management, and service delivery and effectiveness.

(g) Annual report

(1)(A) The Secretary is authorized to conduct activities, directly or by grant, contract, or cooperative agreement, to prepare an annual report on the progress being made toward the provision of—

(i) a free appropriate public education to all children and youth with disabilities; and

(ii) early intervention services for infants and toddlers with disabilities.

(B) Not later than 120 days after the close of each fiscal year, the Secretary shall transmit a copy of the report authorized under subparagraph (A) to the appropriate committees of each House of Congress. The annual report shall be published and disseminated in sufficient quantities to the education and disability communities and to other interested parties.

(2) The Secretary shall include in each annual report under paragraph (1)—

(A) a compilation and analysis of data gathered under subsection (b) of this section and under subchapter VIII of this chapter; and

(B) a description of findings and determinations resulting from monitoring reviews of State implementation of this subchapter.

(3) In the annual report under paragraph (1) for fiscal year 1991 (which is published in 1992) and for every third year thereafter, the Secretary shall include in the annual report—

(A) an index of all current projects funded under subchapters III through VII of this chapter; and

(B) data reported under sections 1422 and 1434 of this title.

(4) The Secretary shall include in each annual report under paragraph (1) the results of research and related activities conducted under subchapter V of this chapter that the Secretary determines are relevant to the effective implementation of this chapter.

(5) The Secretary shall, in consultation with the National Council on Disability and the Bureau of Indian Affairs Advisory Committee for Exceptional Children, include a description of the status of early intervention services for infants and toddlers with disabilities from birth through age 2, and special education and related services to children with disabilities from 3 through 5 years of age (including those receiving services through Head Start, developmental disabilities programs, crippled children's services, mental health/mental retardation agencies, and State child-development centers and private agencies under contract with local schools).

(h) Authorization of appropriations

There are authorized to be appropriated ,000,000 for fiscal year 1991 and such sums as may be necessary for fiscal years 1992 through 1994 to carry out the purposes of this section and not more than 30 percent may be used to carry out the purposes of subsection (e) of this section.

(Pub. L. 91–230, title VI, §618, as added Pub. L. 94–142, §5(a), Nov. 29, 1975, 89 Stat. 791; amended Pub. L. 98–199, §§3(b), 8, Dec. 2, 1983, 97 Stat. 1358, 1360; Pub. L. 99–457, title IV, §406, Oct. 8, 1986, 100 Stat. 1174; Pub. L. 100–630, title I, §102(h), Nov. 7, 1988, 102 Stat. 3295; Pub. L. 101–476, title II, §203, Oct. 30, 1990, 104 Stat. 1112.)

Amendments

1990—Pub. L. 101–476, in amending section generally, made the following changes: in section catchline, inserted “and program information” after “Evaluation”; in text, substituted provisions relating to infants, toddlers, etc., with disabilities for provisions relating to handicapped infants, toddlers, etc.; in subsec. (b), redesignated existing provisions as par. (1) and added pars. (2) and (3); in subsec. (c), substituted provisions relating to studies of means of providing full educational opportunities for children with disabilities for provisions relating to study of need for improvements in Elementary and Secondary Education Amendments of 1970; in subsec. (d), struck out former par. (4), which related to dissemination of study results by Secretary; in subsec. (e), substituted provisions relating to studies to assess progress of programs and need for improvements in Elementary and Secondary Education Amendments of 1970 for provisions relating to longitudinal study and study of State and local expenditures on educational services for handicapped students; added subsec. (f); redesignated former subsec. (f) as (g), and in par. (3) substituted provisions relating to annual report for fiscal year 1991 and for every third year thereafter for provisions relating to annual report for fiscal year 1985 and for every third year thereafter, and in par. (4) substituted provisions relating to subchapter V of this chapter for provisions relating to special sections in fiscal year 1988 annual report; redesignated former subsec. (g) as (h), and substituted provisions authorizing appropriations for fiscal years 1991 through 1994 for provisions authorizing appropriations for fiscal years 1987 through 1989.

1988—Subsec. (a). Pub. L. 100–630, §102(h)(1), amended subsec. (a) generally. Prior to amendment, subsec. (a) read as follows: “The Secretary shall directly or by grant, contract, or cooperative agreement, collect data and conduct studies, investigations, and evaluations—

“(1) to assess progress in the implementation of this chapter, the impact, and the effectiveness of State and local efforts and efforts by the Secretary of Interior to provide free appropriate public education to all handicapped children and youth and early intervention services to handicapped infants and toddlers, and

“(2) to provide—

“(A) Congress with information relevant to policymaking, and

“(B) Federal, State, and local agencies and the Secretary of Interior with information relevant to program management, administration, and effectiveness with respect to such education and early intervention services.”

Subsec. (b)(1). Pub. L. 100–630, §102(h)(2), substituted “intervention services—

“(A) in age groups 0–2 and 3–5, and

“(B) in age groups 6–11, 12–17, and 18–21,

by disability category,” for “intervention services (A) in age groups 0–2 and 3–5, and (B) in age groups 6–11, 12–17, and 18–21 by disability category,”.

Subsec. (b)(3). Pub. L. 100–630, §102(h)(3), substituted “or otherwise—

“(A) in age group 3–5, and

“(B) in age groups 6–11, 12–17, and 18–21,

by disability category and anticipated services for the next year,” for “or otherwise (A) in age group 3–5, and (B) in age groups 6–11, 12–17, and 18–21 by disability category and anticipated services for the next year,”.

Subsec. (b)(6). Pub. L. 100–630, §102(h)(4), substituted “handicapped children and youth—

“(A) in age group 3–5, and

“(B) in age groups 6–11, 12–17, and 18–21,

and by disability category.” for “handicapped children and youth (A) in age group 3–5 and (B) in age groups 6–11, 12–17, and 18–21 and by disability category.”

Subsec. (d)(4). Pub. L. 100–630, §102(h)(5), substituted “resource” for “resources”.

Subsec. (f)(4). Pub. L. 100–630, §102(h)(6), substituted “a free appropriate public education to—

“(A) handicapped infants, toddlers, children, and youth in rural areas,

“(B) handicapped migrants,

“(C) handicapped Indians (particularly programs operated under section 1411(f) of this title),

“(D) handicapped Native Hawaiian (and other native Pacific basin) children and youth, and

“(E) handicapped infants, toddlers, children, and youth with limited English proficiency.”

for “a free appropriate public education to handicapped infants, toddlers, children, and youth in rural areas and to handicapped migrants, handicapped Indians (particularly programs operated under section 1411(f) of this title), handicapped Native Hawaiian, and other native Pacific basin children and youth, handicapped infants, toddlers, children and youth of limited English proficiency.”

Subsec. (f)(5). Pub. L. 100–630, §102(h)(7), substituted “on Disability” for “for the Handicapped” and inserted “the Secretary shall include” before “a description”.

1986—Pub. L. 99–457, in amending section generally, made the following changes: in subsec. (a), in par. (1), inserted “and efforts by the Secretary of Interior” and “and early intervention services to handicapped infants and toddlers”, and in par. (2), designated existing provisions as subpars. (A) and (B), and in subpar. (B) struck out “educational” after “and local” and inserted “and the Secretary of Interior” and “and early intervention services”; in subsec. (b), in introductory provision, substituted “In carrying out subsection (a) of this section” for “In carrying out the responsibilities under this section” and “relating to handicapped infants, toddlers, children, and youth” for “relating to the education of handicapped children and youth” and inserted “the Secretary of Interior” in par. (1), inserted reference to infants and toddlers and substituted “or early intervention services (A) in age groups 0–2 and 3–5, and (B) in age groups 6–11, 12–17, and 18–21 by disability category” for “(special education and related services) by disability category and by age group (3–5, 6–11, 12–17, and 18–21)”, in par. (2), struck out “, by disability category” after “regular educational programs” and inserted “by disability category” before “and the number of handicapped children”, in par. (3), inserted “(A) in age group 3–5, and (B) in age groups 6–11, 12–17, and 18–21” and struck out “and age” after “disability category”, in par. (4), inserted “and for early intervention services”, in par. (5), inserted “and early intervention services to handicapped infants and toddlers”, and in par. (6), inserted “and early intervention services” and substituted “infants and toddlers in the 0–2 age group and estimates of the number of handicapped children and youth (A) in age group 3–5 and (B) in age groups 6–11, 12–17, and 18–21 and by disability category” for “children and youth within each disability by age group (3–5, 6–11, 12–17, and 18–21) in need of improved services and the type of programs and services in need of improvement”; in subsec. (d), in par. (1), substituted “may enter into” for “is authorized to enter into” and inserted “and other State agencies”, in par. (2), in introductory provision, substituted “An agreement under paragraph (1)” for “Such agreements”, in subpar. (A), substituted “percent” for “per centum” and struck out “educational” after “participating State”, and in subpar. (B), inserted “and the provision of early intervention services to handicapped infants and toddlers”, in par. (3), struck out “educational” after “participating State”, and in par. (4), struck out “educational” after “studies to State”, inserted “regional resources centers, and clearinghouses established by this chapter”, and inserted “and the provision of early intervention services to handicapped infants and toddlers”; in subsec. (e)(2), inserted “shall” before “gather information needed”; in subsec. (f), in par. (1), inserted “and early intervention services for handicapped infants and toddlers”, substituted “The annual report shall be” for “The annual report is to be”, and struck out “and the National Advisory Committee on the Education of Handicapped Children and Youth,” after “Congress”, in par. (2), in introductory provision, inserted “under paragraph (1)”, and, in lettered subparagraphs, reversed the subject matter of subpars. (A) and (B) and in subpar. (F) substituted “recommendation” for “recommendations”, in par. (3), in introductory provisions, inserted “under paragraph (1)” and substituted “which is published in 1986” for “(published in 1986)”, in subpar. (A), inserted the reference to chapter VII, and in subpar. (B), substituted section 1461 for 1453, and added pars. (4) and (5); and in subsec. (g), substituted provisions authorizing appropriations for fiscal years 1987, 1988, and 1989 for provisions authorizing appropriations for fiscal years 1984, 1985, and 1986.

1983—Pub. L. 98–199, §8, amended section generally. Prior to the amendment, subsec. (a) required the Secretary to measure and evaluate the impact of the program authorized under this subchapter and the effectiveness of State efforts to assure the free appropriate public education of all handicapped children; subsec. (b) required the Secretary to conduct, directly or by grant or contract, such studies, investigations, and evaluations as are necessary to assure effective implementation of this subchapter, and in carrying out his responsibilities under this section, to (1), through the National Center for Education Statistics, provide to the appropriate committees of each House of the Congress and to the general public at least annually, and shall update at least annually, programmatic information concerning programs and projects assisted under this subchapter and other Federal programs supporting the education of handicapped children, and such information from State and local educational agencies and other appropriate sources necessary for the implementation of this subchapter, including—(A) the number of handicapped children in each State, within each disability, who require special education and related services; (B) the number of handicapped children in each State, within each disability, receiving a free appropriate public education and the number of handicapped children who need and are not receiving a free appropriate public education in each such State; (C) the number of handicapped children in each State, within each disability, who are participating in regular educational programs, consistent with the requirements of section 1412(5)(B) and section 1414(a)(1)(C)(iv) of this title, and the number of handicapped children who have been placed in separate classes or separate school facilities, or who have been otherwise removed from the regular education environment; (D) the number of handicapped children who are enrolled in public or private institutions in each State and who are receiving a free appropriate public education, and the number of handicapped children who are in such institutions and who are not receiving a free appropriate public education; (E) the amount of Federal, State, and local expenditures in each State specifically available for special education and related services; and (F) the number of personnel, by disability category, employed in the education of handicapped children, and the estimated number of additional personnel needed to adequately carry out the policy established by this chapter; and (2) provide for the evaluation of programs and projects assisted under this subchapter through (A) the development of effective methods and procedures for evaluation; (B) the testing and validation of such evaluation methods and procedures; and (C) conducting actual evaluation studies designed to test the effectiveness of such programs and projects; subsec. (c) required the Secretary in developing and furnishing information under subclause (E) of clause (1) of subsection (b) of this section, to base such information upon a sampling of data available from State agencies, including the State educational agencies, and local educational agencies; subsec. (d) required the Secretary (1), not later than one hundred twenty days after the close of each fiscal year, to transmit to the appropriate committees of each House of the Congress a report on the progress being made toward the provision of free appropriate public education to all handicapped children, including a detailed description of all evaluation activities conducted under subsection (b) of this section, and (2) to include in each such report (A) an analysis and evaluation of the effectiveness of procedures undertaken by each State educational agency, local educational agency, and intermediate educational unit to assure that handicapped children receive special education and related services in the least restrictive environment commensurate with their needs and to improve programs of instruction for handicapped children in day or residential facilities; (B) any recommendations for change in the provisions of this subchapter, or any other Federal law providing support for the education of handicapped children; and (C) an evaluation of the effectiveness of the procedures undertaken by each such agency or unit to prevent erroneous classification of children as eligible to be counted under section 1411 of this title, including actions undertaken by the Secretary to carry out provisions of this chapter relating to such erroneous classification, and, in order to carry out such analyses and evaluations, to conduct a statistically valid survey for assessing the effectiveness of individualized educational programs; and subsec. (e) authorized to be appropriated for each fiscal year such sums as may be necessary to carry out the provisions of this section.

Subsecs. (a) to (d). Pub. L. 98–199, §3(b), substituted “Secretary” for “Commissioner” wherever appearing.

Effective Date of 1990 Amendment

Amendment by Pub. L. 101–476 effective Oct. 1, 1990, see section 1001 of Pub. L. 101–476, set out as a note under section 1087ee of this title.

Effective Date of 1983 Amendment

Amendment by Pub. L. 98–199 effective Dec. 2, 1983, see section 18 of Pub. L. 98–199, set out as a note under section 1401 of this title.

Effective Date

Section effective Oct. 1, 1977, except for subsec. (a), which is effective Nov. 29, 1975, see section 8 of Pub. L. 94–142, set out as an Effective Date of 1975 Amendment note under section 1411 of this title.

Section Referred to in Other Sections

This section is referred to in sections 1409, 1411, 1413, 1417, 1421, 1422, 1425, 1431, 1433, 1434, 1441, 4304 of this title; title 29 section 795n; title 42 section 6022.

1 So in original. Probably should be “sections”.