USC Subpart 2

20 U.S.C. § 1140f Purpose

It is the purpose of this subpart to support model demonstration programs that promote the successful transition of students with intellectual disabilities into higher education.

20 U.S.C. § 1140g Model comprehensive transition and postsecondary programs for students with intellectual disabilities

(a) Grants authorized(1) In generalFrom amounts appropriated under section 1140i(a) of this title, the Secretary shall annually award grants, on a competitive basis, to institutions of higher education (or consortia of institutions of higher education), to enable the institutions or consortia to create or expand high quality, inclusive model comprehensive transition and postsecondary programs for students with intellectual disabilities. (2) AdministrationThe program under this section shall be administered by the office in the Department that administers other postsecondary education programs. (3) Duration of grantsA grant under this section shall be awarded for a period of 5 years. (b) ApplicationAn institution of higher education (or a consortium) desiring a grant under this section shall submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary may require. (c) Award basisIn awarding grants under this section, the Secretary shall—(1) provide for an equitable geographic distribution of such grants; (2) provide grant funds for model comprehensive transition and postsecondary programs for students with intellectual disabilities that will serve areas that are underserved by programs of this type; and (3) give preference to applications submitted under subsection (b) that agree to incorporate into the model comprehensive transition and postsecondary program for students with intellectual disabilities carried out under the grant one or more of the following elements:(A) The formation of a partnership with any relevant agency serving students with intellectual disabilities, such as a vocational rehabilitation agency. (B) In the case of an institution of higher education that provides institutionally owned or operated housing for students attending the institution, the integration of students with intellectual disabilities into the housing offered to nondisabled students. (C) The involvement of students attending the institution of higher education who are studying special education, general education, vocational rehabilitation, assistive technology, or related fields in the model program. (d) Use of fundsAn institution of higher education (or consortium) receiving a grant under this section shall use the grant funds to establish a model comprehensive transition and postsecondary program for students with intellectual disabilities that—(1) serves students with intellectual disabilities; (2) provides individual supports and services for the academic and social inclusion of students with intellectual disabilities in academic courses, extracurricular activities, and other aspects of the institution of higher education’s regular postsecondary program; (3) with respect to the students with intellectual disabilities participating in the model program, provides a focus on—(A) academic enrichment; (B) socialization; (C) independent living skills, including self-advocacy skills; and (D) integrated work experiences and career skills that lead to gainful employment; (4) integrates person-centered planning in the development of the course of study for each student with an intellectual disability participating in the model program; (5) participates with the coordinating center established under section 1140q(b) of this title in the evaluation of the model program; (6) partners with one or more local educational agencies to support students with intellectual disabilities participating in the model program who are still eligible for special education and related services under the Individuals with Disabilities Education Act [20 U.S.C. 1400 et seq.], including the use of funds available under part B of such Act [20 U.S.C. 1411 et seq.] to support the participation of such students in the model program; (7) plans for the sustainability of the model program after the end of the grant period; and (8) creates and offers a meaningful credential for students with intellectual disabilities upon the completion of the model program. (e) Matching requirementAn institution of higher education (or consortium) that receives a grant under this section shall provide matching funds toward the cost of the model comprehensive transition and postsecondary program for students with intellectual disabilities carried out under the grant. Such matching funds may be provided in cash or in-kind, and shall be in an amount of not less than 25 percent of the amount of such costs. (f) ReportNot later than five years after the date of the first grant awarded under this section, the Secretary shall prepare and disseminate a report to the authorizing committees and to the public that—(1) reviews the activities of the model comprehensive transition and postsecondary programs for students with intellectual disabilities funded under this section; and (2) provides guidance and recommendations on how effective model programs can be replicated.

20 U.S.C. § 1140h Rule of construction

Nothing in this subpart shall be construed to reduce or expand— (1) the obligation of a State or local educational agency to provide a free appropriate public education, as defined in section 1401 of this title; or (2) eligibility requirements under any Federal, State, or local disability law, including the Americans with Disabilities Act of 1990 (42 U.S.C. 12101 et seq.), the Rehabilitation Act of 1973 (29 U.S.C. 701 et seq.), or the Developmental Disabilities Assistance and Bill of Rights Act of 2000 (42 U.S.C. 15001 et seq.).

20 U.S.C. § 1140i Authorization of appropriations and reservation

(a) Authorization of appropriationsThere are authorized to be appropriated to carry out this subpart such sums as may be necessary for fiscal year 2009 and each of the five succeeding fiscal years. (b) Reservation of fundsFor any fiscal year for which appropriations are made for this subpart, the Secretary shall reserve funds to enter into a cooperative agreement to establish the coordinating center under section 1140q(b) of this title, in an amount that is—(1) not less than $240,000 for any year in which the amount appropriated to carry out this subpart is $8,000,000 or less; or (2) equal to 3 percent of the amount appropriated to carry out this subpart for any year in which such amount appropriated is greater than $8,000,000.