Education of the Deaf Act Amendments 1992

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SEC.104. ELEMENTARY AND SECONDARY EDUCATIONAL PROGRAMS

(a) GENERAL AUTHORITY.
(1) The Board of Trustees of Gallaudet University is authorized, in accordance with the agreement under section 105, to maintain and operate facilities to provide exemplary elementary and secondary education programs for individuals who are deaf t o develop, evaluate, and disseminate innovative curricula, instructional techniques and strategies, and materials that can be used in various educational environments serving individuals who are deaf throughout the Nation. The elementary and secondary pr ograms 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 . These programs shall include-
(A) the Kendall Demonstration Elementary School, to provide day facilities for elementary education for individuals who are deaf, to provide them with the vocational, independent living, and related services they need to function independently, an d to prepare them for high school and other secondary study; and
(B) The Model Secondary School for the Deaf, to provide day and residential facilities for secondary education for individuals who are deaf, to provide them with the vocational, transitional, independent living, and related services they need to function independently and to prepare them 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.

(b) ADMINISTRATIVE REQUIREMENTS

(1) The elementary and secondary education programs shall-
(A) provide technical assistance and outreach throughout the Nation to meet the training and information needs of parents of infants and children who are deaf;
(B) provide technical assistance and training to personnel for use in teaching (i) students who are deaf in various educational environments, and (ii) students who are deaf with a broad spectrum of needs as described in subsection (a); and
(C) establish and publish priorities for research, development, and demonstration through a process that allows for public input;
(2) To the extent possible, the elementary and secondary education programs shall provide the services required under paragraph (1) in an equitable manner, based on the national distribution of students who are deaf in educational environments as determined by the Secretary for purposes of section 618(b) of the Individuals with Disabilities Education Act, Such as 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, intermediate educational unit, 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, 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 p art B of that Act and that the child is provided the rights and procedural safeguards under section 615 of that Act.

(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, intermediate educational unit, or State educational agency of that child's attendance in the programs,
(B) work with local educational agencies, intermediate educational units , where appropriate, to ensure a smooth transfer of students to and from those programs; and
(C) provide the child a free appropriate public education in accordance with part B of the Individuals with Disabilities Education Act and procedural safeguards in accordance with the following provisions of section 615 of such Act:
(i) Subparagraphs (A), (c), (D), and (E) of paragraph (I) of subsection (b), and paragraph (2) of such subsection.
(ii) Subsection (d), except the portion of paragraph (4) requiring that findings and decisions be transmitted to a State advisory panel.
(iii) (Paragraphs (1) through (3) of subsection (e). Paragraph (3) of such subsection is not applicable to decisions by the University to refuse to admit or to dismiss a child, except that, before dismissing any child, the University shall give at least 60 days notice to the child's parents and to the local educational agency in which the child resides.
(iv) Subsection (f).

(a) GENERAL AUTHORITY.
The Secretary and Gallaudet University shall establish, within 1 year after enactment of the Education of the Deaf Act Amendments of 1992, a new agreement governing the operation and national mission activities, including construction and provision of equ ipment, of the elementary and secondary education programs at the University. The Secretary and the University shall periodically update the agreement as determined to be necessary by the Secretary or the University

(b) PROVISIONS OF AGREEMENT.

The agreement shall-
(1) provide that Federal funds appropriated for the benefit of the Kendall Demonstration Elementary School and the Model Secondary School for the Deaf will be used only for the purposes for which appropriated and in accordance with the applicable provisions of this Act and such agreement;
(2) provide that the University shall make an annual report, to be part of the report required under section 204, to the Secretary on the operations and national mission activities of the elementary and secondary education programs, including such other information as the Secretary may consider necessary;
(3) provide that in the design and construction of any facilities, maximum attention will be given to innovative auditory and visual devices and installations appropriate for the educational functions of such facilities;
(4) provide that any laborer or mechanic employed by any contractor or subcontractor in the performance of work on any construction aided by Federal funds appropriated for the benefit of the Kendall Demonstration Elementary School and the Model Se condary School for the Deaf will be paid wages at rates not less than these prevailing on similar construction on the locality as determined by the Secretary of Labor in accordance with the Act of March 3, 1931 (40 U.S.C. 276a-276a-5) commonly referred to as the Davis-Bacon Act; and the Secretary of Labor shall have, with respect to the labor standards specified in this paragraph, the authority and functions set forth in Reorganization Plan Numbered 14 of 1950 (5 U.S.C. App.) and section 2 of the Act of J une 13, 1934 (40 U.S.C. 276c); and
(5) include such other conditions as the Secretary or the University considers necessary to carry out the purposes of this part.

PART B - KENDALL DEMONSTRATION AND ELEMENTARY SCHOOL

(a) GENERAL AUTHORITY.
(l) For the purpose of providing day and residential facilities for elementary education for individuals who are deaf in order to prepare them for high school and other secondary study and to provide an exemplary educational program to stimulate th e development of similar excellent programs throughout the Nation, the Board of Trustees of Gallaudet University is authorized to maintain and operate Kendall Demonstration Elementary School as a demonstration elementary school for individuals who are [th e] deaf, to serve primarily residents of the National Capital region.
(2) The Kendall Demonstration Elementary School shall also-
(A) provide technical assistance and outreach throughout the National to train parents of deaf infants and children in specialized learning skills; and
(B) develop curricula, instructional techniques, materials, and programs for teaching hearing impaired and deaf students in classroom situations with non-hearing impaired students.

(b) RESPONSIBILITY FOR COMPLIANCE WITH INDIVIDUALS WITH DISABILITIES EDUCATION ACT.

Where a local educational agency, State educational agency, or intermediate educational unit refers a child to or places a child at the Kendall Demonstration Elementary School, such agency or unit shall be responsible for ensuring that the special educati on and related services provided to such child is consistent with part B of the Education of the Handicapped Act.

PART C - Model Secondary School for the Deaf

(a) GENERAL AUTHORITY
For the purpose of providing day and residential facilities for secondary education for individuals who are deaf in order to prepare them for college and other advanced study, and to provide an exemplary secondary school program to stimulate the develop ment of similarly excellent programs throughout the Nation, the Board of Trustees of Gallaudet University is authorized, in accordance with the agreement under section 122, to maintain and operate a model secondary school for the deaf to serve primarily r esidents of the District of Columbia and of nearby States.


(b) RESPONSIBILITY FOR COMPLIANCE WITH INDIVIDUALS WITH DISABILITIES EDUCATION ACT.

Where a local educational agency, State educational agency, or intermediate educational unit refers a child to or places a child at the model secondary school, such agency or unit shall be responsible for ensuring that the special education and related se rvices provided to such child is consistent with part B of the Individuals with Disabilities Education.

Sec. 122. AGREEMENT WITH GALLAUDET UNIVERSITY FOR THE MODEL SECONDARY SCHOOL

(a) GENERAL AUTHORITY.
The Secretary is authorized to continue an agreement with Gallaudet University for the establishment and operation, including construction and equipment of a model secondary school for the deaf to serve primarily residents of the District of Columbia and of nearby States.

(b) PROVISIONS OF AGREEMENT.

The agreement shall-
(1) provide that Federal funds appropriated for the benefit of the model secondary school will be used only for the purposes for which appropriated and in accordance with the applicable provisions of this Act and the agreement made pursuant theret o;
(2) provide that the University will make an annual report to the Secretary;
(3) provide that in the design and construction of any facilities, maximum attention will be given to excellence of architecture and design, works of art, and innovative auditory and visual devices and installations appropriate for the educational functions of such facilities;
(4) provide that the model secondary school will develop curricula, instructional techniques, materials and programs for teaching hearing impaired and deaf students in classroom situations with nonhearing impaired students;
(5) Include such other conditions as the Secretary considers necessary to carry out the purposes of this part; and
(6) provide that any laborer or mechanic employed by any contractor or subcontractor in the performance of work on any construction aided by Federal funds appropriated for the benefit of the model secondary school will be paid wages at rates not less than those prevailing on similar construction in the locality as determined by the Secretary of Labor in accordance with the Act of March 3, 1931 (40 U.S.C. 276a-276a-5) commonly referred to as the Davis-Bacon Act; and the Secretary of Labor shall have, with respect to the labor standards specified in this paragraph, the authority and functions set forth in Re organization Plan Numbered 14 of 1950 (5 U.S.C. App.) and section 2 of the Act of June 13, 1934 (40 U.S.C. 276c).

(c) SUBMISSION OF REPORT

The Secretary shall submit the annual report of the University (required under subsection (b)(3)) to the Congress with such comments and recommendations as the Secretary may deem appropriate.

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