§ 4304. Laurent Clerc National Deaf Education Center

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(a)General authority

(A)The Board of Trustees of Gallaudet University is authorized, in accordance with the agreement under section 4305 of this title, to maintain and operate the Laurent Clerc National Deaf Education Center (referred to in this section as the “Clerc Center”) to carry out exemplary elementary and secondary education programs, projects, and activities for the primary purpose of developing, evaluating, and disseminating innovative curricula, instructional techniques and strategies, and materials that can be used in various educational environments serving individuals who are deaf or hard of hearing throughout the Nation.

(B)The elementary and secondary education programs described in subparagraph

(A)shall serve students with a broad spectrum of needs, including students who are lower achieving academically, who come from non-English-speaking homes, who have secondary disabilities, who are members of minority groups, or who are from rural areas.

(C)The elementary and secondary education programs described in subparagraph

(A)shall include—

(i)the Kendall Demonstration Elementary School, to provide day facilities for elementary education for students who are deaf from the age of onset of deafness to age fifteen, inclusive, but not beyond the eighth grade or its equivalent, to provide such students with the vocational, transitional, independent living, and related services they need to function independently, and to prepare such students for high school and other secondary study; and

(ii)the Model Secondary School for the Deaf, to provide day and residential facilities for secondary education for students who are deaf from grades nine through twelve, inclusive, to provide such students with the vocational, transitional, independent living, and related services they need to function independently, and to prepare such students for college, other postsecondary opportunities, or the workplace.

(2)The Model Secondary School for the Deaf may provide residential facilities for students enrolled in the school—

(A)who live beyond a reasonable commuting distance from the school; or

(B)for whom such residency is necessary for them to receive a free appropriate public education within the meaning of part B of the Individuals with Disabilities Education Act [20 U.S.C. 1411 et seq.].

(b)Administrative requirements

(1)The Clerc Center shall—

(A)provide technical assistance and outreach throughout the Nation to meet the training and information needs of parents of infants, children, and youth who are deaf or hard of hearing; and

(B)provide technical assistance and training to personnel for use in teaching

(i)students who are deaf or hard of hearing, in various educational environments, and

(ii)students who are deaf or hard of hearing with a broad spectrum of needs as described in subsection (a).

(2)To the extent possible, the Clerc Center shall provide the services required under paragraph (1)(B) in an equitable manner, based on the national distribution of students who are deaf or hard of hearing in educational environments as determined by the Secretary for purposes of section 618(a)(1) of the Individuals with Disabilities Education Act [20 U.S.C. 1418(a)(1)]. Such educational environments shall include—

(A)regular classes;

(B)resource rooms;

(C)separate classes;

(D)separate, public or private, nonresidential schools; and

(E)separate, public or private, residential schools and homebound or hospital environments.

(3)If a local educational agency, educational service agency, or State educational agency refers a child to, or places a child in, one of the elementary or secondary education programs to meet its obligation to make available a free appropriate public education under part B of the Individuals with Disabilities Education Act [20 U.S.C. 1411 et seq.], the agency or unit shall be responsible for ensuring that the special education and related services provided to the child by the education program are in accordance with part B of that Act and that the child is provided the rights and procedural safeguards under section 615 of that Act [20 U.S.C. 1415].

(4)If the parents or guardian places a child in one of the elementary or secondary education programs, the University shall—

(A)notify the appropriate local educational agency, educational service agency, or State educational agency of that child’s attendance in the program;

(B)work with local educational agencies, educational service agencies, and State educational agencies, where appropriate, to ensure a smooth transfer of the child to and from that program; and

(C)provide the child a free appropriate public education in accordance with part B of the Individuals with Disabilities Education Act [20 U.S.C. 1411 et seq.] and procedural safeguards in accordance with the following provisions of section 615 of such Act [20 U.S.C. 1415]:

(i)Paragraphs (1), and

(3)through

(8)of subsection (b).

(ii)Subsections

(c)through (g).

(iii)Subsection (h), except for the matter in paragraph

(4)pertaining to transmission of findings and decisions to a State advisory panel.

(iv)Paragraphs

(1)and

(2)of subsection (i).

(v)Subsection (j)—

(I)except that such subsection shall not be applicable to a decision by the University to refuse to admit a child; or

(II)to dismiss a child, except that, before dismissing any child, the University shall give at least 60 days written notice to the child’s parents and to the local educational agency in which the child resides, unless the dismissal involves a suspension, expulsion, or other change in placement covered under section 615(k) [20 U.S.C. 1415(k)].

(vi)Subsections

(k)through (o).

(5)The University, for purposes of the elementary and secondary education programs carried out at the Clerc Center, shall—

(i)select challenging State academic content standards, aligned academic achievement standards, and State academic assessments of a State, adopted and implemented, as appropriate, pursuant to paragraphs

(1)and

(2)of section 6311(b) of this title and approved by the Secretary; and

(ii)implement such standards and assessments for such programs by not later than the beginning of the 2016–2017 academic year;

(B)adopt the accountability system, consistent with section 6311(c) of this title, of the State from which standards and assessments are selected under subparagraph (A)(i); and

(C)publicly report the results of the academic assessments implemented under subparagraph (A), except where such reporting would not yield statistically reliable information or would reveal personally identifiable information about an individual student, and the results of the annual evaluation of the programs at the Clerc Center, as determined under subparagraph (B).

(Pub. L. 99–371, title I, § 104, as added Pub. L. 102–421, title I, § 112, Oct. 16, 1992, 106 Stat. 2152; amended Pub. L. 103–73, title II, § 203(d), Aug. 11, 1993, 107 Stat. 733; Pub. L. 105–244, title IX, § 912, Oct. 7, 1998, 112 Stat. 1829; Pub. L. 108–446, title III, § 305(d), Dec. 3, 2004, 118 Stat. 2805; Pub. L. 110–315, title IX, § 901, Aug. 14, 2008, 122 Stat. 3450; Pub. L. 114–95, title IX, § 9215(ee), Dec. 10, 2015, 129 Stat. 2173.)

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