§ 1419. Preschool grants
(a)
In general
The Secretary shall provide grants under this section to assist States to provide special education and related services, in accordance with this subchapter—
(c)
Allocations to States
(1)
In general
The Secretary shall allocate the amount made available to carry out this section for a fiscal year among the States in accordance with paragraph (2) or (3), as the case may be.
(2)
Increase in funds
If the amount available for allocations to States under paragraph (1) for a fiscal year is equal to or greater than the amount allocated to the States under this section for the preceding fiscal year, those allocations shall be calculated as follows:
(A)
Allocation
(B)
Limitations
Notwithstanding subparagraph (A), allocations under this paragraph shall be subject to the following:
(i)
Preceding years
No State’s allocation shall be less than its allocation under this section for the preceding fiscal year.
(ii)
Minimum
No State’s allocation shall be less than the greatest of—
(3)
Decrease in funds
If the amount available for allocations to States under paragraph (1) for a fiscal year is less than the amount allocated to the States under this section for the preceding fiscal year, those allocations shall be calculated as follows:
(d)
Reservation for State activities
(1)
In general
Each State may reserve not more than the amount described in paragraph (2) for administration and other State-level activities in accordance with subsections (e) and (f).
(2)
Amount described
For each fiscal year, the Secretary shall determine and report to the State educational agency an amount that is 25 percent of the amount the State received under this section for fiscal year 1997, cumulatively adjusted by the Secretary for each succeeding fiscal year by the lesser of—
(e)
State administration
(1)
In general
For the purpose of administering this section (including the coordination of activities under this subchapter with, and providing technical assistance to, other programs that provide services to children with disabilities) a State may use not more than 20 percent of the maximum amount the State may reserve under subsection (d) for any fiscal year.
(f)
Other State-level activities
Each State shall use any funds the State reserves under subsection (d) and does not use for administration under subsection (e)—
(1)
for support services (including establishing and implementing the mediation process required by section
1415
(e) of this title), which may benefit children with disabilities younger than 3 or older than 5 as long as those services also benefit children with disabilities aged 3 through 5;
(3)
for activities at the State and local levels to meet the performance goals established by the State under section
1412
(a)(15) of this title;
(4)
to supplement other funds used to develop and implement a statewide coordinated services system designed to improve results for children and families, including children with disabilities and their families, but not more than 1 percent of the amount received by the State under this section for a fiscal year;
(5)
to provide early intervention services (which shall include an educational component that promotes school readiness and incorporates preliteracy, language, and numeracy skills) in accordance with subchapter III to children with disabilities who are eligible for services under this section and who previously received services under subchapter III until such children enter, or are eligible under State law to enter, kindergarten; or
(g)
Subgrants to local educational agencies
(1)
Subgrants required
Each State that receives a grant under this section for any fiscal year shall distribute all of the grant funds that the State does not reserve under subsection (d) to local educational agencies in the State that have established their eligibility under section
1413 of this title, as follows:
(A)
Base payments
The State shall first award each local educational agency described in paragraph (1) the amount that agency would have received under this section for fiscal year 1997 if the State had distributed 75 percent of its grant for that year under section
1419
(c)(3) of this title, as such section was then in effect.
(B)
Allocation of remaining funds
After making allocations under subparagraph (A), the State shall—
(2)
Reallocation of funds
If a State educational agency determines that a local educational agency is adequately providing a free appropriate public education to all children with disabilities aged 3 through 5 residing in the area served by the local educational agency with State and local funds, the State educational agency may reallocate any portion of the funds under this section that are not needed by that local educational agency to provide a free appropriate public education to other local educational agencies in the State that are not adequately providing special education and related services to all children with disabilities aged 3 through 5 residing in the areas the other local educational agencies serve.
(h)
Subchapter III inapplicable
Subchapter III does not apply to any child with a disability receiving a free appropriate public education, in accordance with this subchapter, with funds received under this section.
(i)
State defined
In this section, the term “State” means each of the 50 States, the District of Columbia, and the Commonwealth of Puerto Rico.
(j)
Authorization of appropriations
There are authorized to be appropriated to carry out this section such sums as may be necessary.