1995 US Code
Title 20 - EDUCATION
CHAPTER 33 - EDUCATION OF INDIVIDUALS WITH DISABILITIES
SUBCHAPTER II - ASSISTANCE FOR EDUCATION OF ALL CHILDREN WITH DISABILITIES
Sec. 1419 - Preschool grants

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§1419. Preschool grants (a) Grants for fiscal years 1987 through 1989; amount of grants

(1) For fiscal years 1987 through 1989 (or fiscal year 1990 if the Secretary makes a grant under this paragraph for such fiscal year) the Secretary shall make a grant to any State which—

(A) has met the eligibility requirements of section 1412 of this title,

(B) has a State plan approved under section 1413 of this title, and

(C) provides special education and related services to children with disabilities aged three to five, inclusive.

(2)(A) For fiscal year 1987 the amount of a grant to a State under paragraph (1) may not exceed—

(i) 0 per child with a disability aged three to five, inclusive, who received special education and related services in such State as determined under section 1411(a)(3) of this title, or

(ii) if the amount appropriated under subsection (e) of this section exceeds the product of 0 and the total number of children with disabilities aged three to five, inclusive, who received special education and related services as determined under section 1411(a)(3) of this title—

(I) 0 per child with a disability aged three to five, inclusive, who received special education and related services in such State as determined under section 1411(a)(3) of this title, plus

(II) an amount equal to the portion of the appropriation available after allocating funds to all States under subclause (I) (the excess appropriation) divided by the estimated increase, from the preceding fiscal year, in the number of children with disabilities aged three to five, inclusive, who will be receiving special education and related services in all States multiplied by the estimated increase in the number of such children in such State.

(B) For fiscal year 1988, funds shall be distributed in accordance with clause (i) or (ii) of paragraph (2)(A), except that the amount specified therein shall be 0 instead of 0.

(C) For fiscal year 1989, funds shall be distributed in accordance with clause (i) or (ii) of paragraph (2)(A), except that the amount specified therein shall be 0 instead of 0.

(D) If the Secretary makes a grant under paragraph (1) for fiscal year 1990, the amount of a grant to a State under such paragraph may not exceed ,000 per child with a disability aged three to five, inclusive, who received special education and related services in such State as determined under section 1411(a)(3) of this title.

(E) If the actual number of additional children served in a fiscal year differs from the estimate made under subparagraph (A)(ii)(II), the Secretary shall adjust (upwards or downwards) a State's allotment in the subsequent fiscal year.

(F)(i) The amount of a grant under subparagraph (A), (B), or (C) to any State for a fiscal year may not exceed ,800 per estimated child with a disability aged three to five, inclusive, who will be receiving or child with a disability, age three to five, inclusive, who is receiving special education and related services in such State.

(ii) If the amount appropriated under subsection (e) of this section for any fiscal year exceeds the amount of grants which may be made to the States for such fiscal year, the excess amount appropriated shall remain available for obligation under this section for 2 succeeding fiscal years.

(3) To receive a grant under paragraph (1) a State shall make an application to the Secretary at such time, in such manner, and containing or accompanied by such information as the Secretary may reasonably require.

(b) Grants for fiscal year 1990 and thereafter; amount of grants

(1) For fiscal year 1990 (or fiscal year 1991 if required by paragraph (2)) and fiscal years thereafter the Secretary shall make a grant to any State which—

(A) has met the eligibility requirements of section 1412 of this title, and

(B) has a State plan approved under section 1413 of this title which includes policies and procedures that assure the availability under the State law and practice of such State of a free appropriate public education for all children with disabilities aged three to five, inclusive, and for any two-year-old children provided services by the State under subsection (c)(2)(B)(iii) of this section or by a local educational agency or intermediate educational unit under subsection (f)(2) of this section.

(2) The Secretary may make a grant under paragraph (1) only for fiscal year 1990 and fiscal years thereafter, except that if—

(A) the aggregate amount that was appropriated under subsection (e) of this section for fiscal years 1987, 1988, and 1989 was less than 6,000,000, or

(B) the amount appropriated for fiscal year 1990 under subsection (e) of this section is less than 6,000,000,

the Secretary may not make a grant under paragraph (1) until fiscal year 1991 and shall make a grant under subsection (a)(1) of this section for fiscal year 1990.

(3) The amount of any grant to any State under paragraph (1) for any fiscal year may not exceed ,500 for each child with a disability in such State aged three to five, inclusive.

(4) To receive a grant under paragraph (1) a State shall make an application to the Secretary at such time, in such manner, and containing or accompanied by such information as the Secretary may reasonably require.

(c) Distribution by State of funds

(1) For fiscal year 1987, a State which receives a grant under subsection (a)(1) of this section shall—

(A) distribute at least 70 percent of such grant to local educational agencies and intermediate educational units in such State in accordance with paragraph (3), except that in applying such section only children with disabilities aged three to five, inclusive, shall be considered,

(B) use not more than 25 percent of such grant for the planning and development of a comprehensive delivery system for which a grant could have been made under section 1423(b) 1 of this title in effect through fiscal year 1987 and for direct and support services for children with disabilities, and

(C) use not more than 5 percent of such grant for administrative expenses related to the grant.

(2) For fiscal years beginning after fiscal year 1987, a State which receives a grant under subsection (a)(1) or (b)(1) of this section shall—

(A) distribute at least 75 percent of such grant to local educational agencies and intermediate educational units in such State in accordance with paragraph (3), except that in applying such section only children with disabilities aged three to five, inclusive, shall be considered,

(B) use not more than 20 percent of such grant—

(i) for planning and development of a comprehensive delivery system,

(ii) for direct and support services for children with disabilities, aged 3 to 5, inclusive, and

(iii) at the State's discretion, to provide a free appropriate public education, in accordance with this chapter, to 2-year-old children with disabilities who will reach age 3 during the school year, whether or not such children are receiving, or have received, services under subchapter VIII of this chapter, and

(C) use not more than 5 percent of such grant for administrative expenses related to the grant.

(3) From the amount of funds available to local educational agencies and intermediate educational units in any State under this section, each local educational agency or intermediate educational unit shall be entitled to—

(A) an amount which bears the same ratio to the amount available under subsection (a)(2)(A)(i) of this section or subsection (a)(2)(A)(ii)(I) of this section, as the case may be, as the number of children with disabilities aged three to five, inclusive, who received special education and related services as determined under section 1411(a)(3) of this title in such local educational agency or intermediate educational unit bears to the aggregate number of children with disabilities aged three to five, inclusive, who received special education and related services in all local educational agencies and intermediate educational units in the State entitled to funds under this section, and

(B) to the extent funds are available under subsection (a)(2)(A)(ii)(II) of this section, an amount which bears the same ratio to the amount of such funds as the estimated number of additional children with disabilities aged three to five, inclusive, who will be receiving special education and related services in such local educational agency or intermediate educational unit bears to the aggregate number of such children in all local educational agencies and intermediate educational units in the State entitled to funds under this section.

(d) Insufficiency of appropriated amounts; reduction of maximum amounts receivable by States

If the sums appropriated under subsection (e) of this section for any fiscal year for making payments to States under subsection (a)(1) or (b)(1) of this section are not sufficient to pay in full the maximum amounts which all States may receive under such subsection for such fiscal year, the maximum amounts which all States may receive under such subsection for such fiscal year shall be ratably reduced by first ratably reducing amounts computed under the excess appropriation provision of subsection (a)(2)(A)(ii)(II) of this section. If additional funds become available for making such payments for any fiscal year during which the preceding sentence is applicable, the reduced maximum amounts shall be increased on the same basis as they were reduced.

(e) Authorization of appropriations

For grants under subsections (a)(1) and (b)(1) of this section there are authorized to be appropriated such sums as may be necessary.

(f) Use of appropriated funds

Each local educational agency or intermediate educational unit receiving funds under this section—

(1) shall use such funds to provide special education and related services to children with disabilities aged 3 to 5, inclusive, and

(2) may, if consistent with State policy, use such funds to provide a free appropriate public education, in accordance with this subchapter, to 2-year-old children with disabilities who will reach age 3 during the school year, whether or not such children are receiving, or have received, services under subchapter VIII of this chapter.

(g) Applicability of subchapter VIII

Subchapter VIII of this chapter does not apply to any child with disabilities receiving a free appropriate public education, in accordance with this subchapter, with funds received under this section.

(Pub. L. 91–230, title VI, §619, as added Pub. L. 94–142, §5(a), Nov. 29, 1975, 89 Stat. 793; amended Pub. L. 98–199, §§3(b), 9, Dec. 2, 1983, 97 Stat. 1358, 1363; Pub. L. 99–457, title II, §201(a), Oct. 8, 1986, 100 Stat. 1155; Pub. L. 100–630, title I, §102(i), Nov. 7, 1988, 102 Stat. 3296; Pub. L. 101–476, title IX, §901(b)(79)–(93), Oct. 30, 1990, 104 Stat. 1145, 1146; Pub. L. 102–119, §§7, 25(b), Oct. 7, 1991, 105 Stat. 591, 607.)

References in Text

Section 1423(b) of this title, referred to in subsec. (c)(1)(B), was redesignated section 1423(c) of this title by Pub. L. 102–119, §8(b)(1)(A), Oct. 7, 1991, 105 Stat. 592.

Amendments

1991—Pub. L. 102–119, §25(b), amended directory language of Pub. L. 101–476, §901(b). See 1990 Amendment note below.

Pub. L. 102–119, §7(1), substituted “Preschool” for “Pre-school” in section catchline.

Subsec. (b)(1)(B). Pub. L. 102–119, §7(2)(A), inserted before period at end “, and for any two-year-old children provided services by the State under subsection (c)(2)(B)(iii) of this section or by a local educational agency or intermediate educational unit under subsection (f)(2) of this section”.

Subsec. (b)(3). Pub. L. 102–119, §7(2)(B), substituted “,500” for “,000”.

Subsec. (c)(2)(B). Pub. L. 102–119, §7(3), amended subpar. (B) generally. Prior to amendment, subpar. (B) read as follows: “use not more than 20 percent of such grant for the planning and development of a comprehensive delivery system for which a grant could have been made under section 1423(b) of this title in effect through fiscal year 1987 and for direct and support services for children with disabilities, and”.

Subsec. (f). Pub. L. 102–119, §7(4), amended subsec. (f) generally. Prior to amendment, subsec. (f) read as follows: “Notwithstanding any other provision of law, unless enacted in express limitation of this subsection, amounts appropriated under this section for fiscal years 1987 and 1988 and received by a State whose allotment for the succeeding fiscal year is adjusted downwards under subsection (a)(2)(E) of this section shall remain available for obligation by such State, and by local educational agencies and intermediate educational units in such State, during the 2 fiscal years succeeding the fiscal year for which such amounts were appropriated.”

Subsec. (g). Pub. L. 102–119, §7(5), added subsec. (g).

1990—Pub. L. 101–476, §901(b), was amended in its directory language by Pub. L. 102–119, §25(b), requiring no change in text.

Subsec. (a)(1)(C). Pub. L. 101–476, §901(b)(79), substituted “children with disabilities” for “handicapped children”.

Subsec. (a)(2)(A)(i). Pub. L. 101–476, §901(b)(80), substituted “child with a disability” for “handicapped child”.

Subsec. (a)(2)(A)(ii). Pub. L. 101–476, §901(b)(81)–(83), substituted in introductory provisions and in subcl. (II) “children with disabilities” for “handicapped children” and in subcl. (I) “child with a disability” for “handicapped child”.

Subsec. (a)(2)(D), (F)(i). Pub. L. 101–476, §901(b)(84), (85), substituted “child with a disability” for “handicapped child” wherever appearing.

Subsec. (b). Pub. L. 101–476, §901(b)(86), (87), substituted “children with disabilities” for “handicapped children” in par. (1)(B) and “child with a disability” for “handicapped child” in par. (3).

Subsec. (c). Pub. L. 101–476, §901(b)(88)–(93), substituted “children with disabilities” for “handicapped children” in pars. (1)(A), (B), (2)(A), (B), and (3)(B) and in two places in par. (3)(A).

1988—Subsec. (a)(2)(A)(ii)(II). Pub. L. 100–630, §102(i)(1), inserted “increase in the” after “multiplied by the estimated”.

Subsec. (a)(2)(E). Pub. L. 100–630, §102(i)(2), struck out “clause (ii)(II) of the applicable subparagraph,” after “estimate made under”.

Subsec. (b)(2)(A). Pub. L. 100–630, §102(i)(3), substituted “or” for “and” at end.

Subsec. (c)(3)(B). Pub. L. 100–630, §102(i)(4), substituted “amount of such funds” for “amount available under subsection (a)(2)(A)(ii)(II) of this section”, and “aggregate number of such children” for “aggregate number of handicapped children aged three to five, inclusive, who will be receiving special education and related services”.

Subsec. (f). Pub. L. 100–630, §102(i)(5), added subsec. (f).

1986—Pub. L. 99–457 amended section generally, substituting provisions relating to pre-school grants, including provisions for grants for fiscal years 1987 and thereafter and the amount of such grants, distribution by State of funds, insufficiency of appropriated amounts, reduction of maximum amounts receivable by States, and authorization of appropriations for provisions relating to incentive grants, including provisions for authority to make grants, application, payment, ratable reduction or increase of payments, and authorization of appropriations.

1983—Subsecs. (a), (b). Pub. L. 98–199, §3(b), substituted “Secretary” for “Commissioner”.

Subsec. (c). Pub. L. 98–199, §§3(b), 9, authorized use of payments for providing special education and related services for handicapped children from birth to three years of age and substituted “Secretary” for “Commissioner”.

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 1986 Amendment

Section 201(c) of Pub. L. 99–457 provided that: “The amendment made by subsection (a) [amending this section] shall take effect with respect to the school year 1987–1988.”

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, see section 8 of Pub. L. 94–142, set out as an Effective Date of 1975 Amendment note under section 1411 of this title.

Preschool Grants

Section 110 of Pub. L. 100–630, as amended by Pub. L. 101–476, title IX, §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 1408, 1411, 1414a, 1476 of this title.

1 See References in Text note below.