§ 300.712 Payments for education and services for Indian children with disabilities aged three through five.

Plain English summary

This section establishes a payment mechanism from the Secretary of Education to the Secretary of the Interior, who then distributes funds to tribes, tribal organizations, or consortia to coordinate special education and related services for children with disabilities aged three through five on reservations. Payments equal 20 percent of the amount allotted under § 300.701(b) and must be allocated based on the proportional number of children with disabilities aged three through five residing on each reservation. Tribes and tribal organizations must submit annual figures, use funds for specific early childhood activities, and file biennial reports to remain eligible.

Key requirements

• The Secretary makes payments to the Secretary of the Interior to be distributed to tribes or tribal organizations or consortia to provide for the coordination of assistance for special education and related services for children with disabilities aged three through five on reservations.
• The amount of the payments for any fiscal year is equal to 20 percent of the amount allotted under § 300.701(b).
• The Secretary of the Interior must distribute the total amount by allocating to each tribe, tribal organization, or consortium an amount based on the number of children with disabilities aged three through five residing on reservations as reported annually, divided by the total of those children served by all tribes or tribal organizations.
• To receive a payment under this section, the tribe or tribal organization must submit the figures to the Secretary of the Interior as required to determine the amounts to be allocated under paragraph (b) of this section.
• The funds received by a tribe or tribal organization must be used to assist in child find, screening, and other procedures for the early identification of children aged three through five, parent training, and the provision of direct services.
• The tribe or tribal organization, as appropriate, must make referrals to local, State, or Federal entities for the provision of services or further diagnosis.
• To be eligible to receive a grant pursuant to paragraph (a) of this section, the tribe or tribal organization must provide to the Secretary of the Interior a biennial report of activities undertaken under this section, including the number of contracts and cooperative agreements entered into, the number of children contacted and receiving services for each year, and the estimated number of children needing services during the two years following the year in which the report is made.
• The Secretary of the Interior must include a summary of this information on a biennial basis in the report to the Secretary required under section 611(h) of the Act.
• None of the funds allocated under this section may be used by the Secretary of the Interior for administrative purposes, including child count and the provision of technical assistance.

Affected parties

• Secretary of Education
• Secretary of the Interior
• tribes and tribal organizations
• consortia of tribes or tribal organizations
• children with disabilities aged three through five on reservations
• Indian parents
• Bureau of Indian Affairs (BIA)
• local educational agencies (LEAs)
• public and private nonprofit organizations

Official source

https://www.ecfr.gov/current/title-34/part-300/section-300.712