1. U.S. Code
  2. title 20
  3. chapter 55
  4. subchapter I
  5. part A
  6. § 4304

Collapse to view only § 4304. Laurent Clerc National Deaf Education Center

§ 4301. Continuation of Gallaudet College as Gallaudet University
(a) Gallaudet University
(b) Purpose
(Pub. L. 99–371, title I, § 101, Aug. 4, 1986, 100 Stat. 781; Pub. L. 102–421, title I, § 151(a)(1), (4), Oct. 16, 1992, 106 Stat. 2163, 2164; Pub. L. 103–73, title II, § 203(a), Aug. 11, 1993, 107 Stat. 732.)

CITE AS: 20 USC 4301

§ 4302. Property rights
(a) Property rights described
(b) Disposal of real property
(1) With the approval of the Secretary, the Board of Trustees of Gallaudet University may convey fee simple title by deed, convey by quitclaim deed, mortgage, or otherwise dispose of any or all real property title to which is vested in Gallaudet University, Gallaudet College, the Columbia Institution for the Deaf, or any predecessor corporation.
(2) The proceeds of any such disposition shall be considered a part of the capital structure of the corporation, and may be used solely for the acquisition of real estate for the use of the corporation, for the construction, equipment, or improvement of buildings for such use, or for investment purposes, but, if invested, only the income from the investment may be used for current expenses of the corporation.
(Pub. L. 99–371, title I, § 102, Aug. 4, 1986, 100 Stat. 781; Pub. L. 103–73, title II, § 203(b), Aug. 11, 1993, 107 Stat. 733.)

CITE AS: 20 USC 4302

§ 4303. Board of Trustees
(a) Composition of Board
(1) Gallaudet University shall be under the direction and control of a Board of Trustees, composed of twenty-one members who shall include—
(A) three public members of whom (i) one shall be a United States Senator appointed by the President of the Senate, and (ii) two shall be Representatives appointed by the Speaker of the House of Representatives; and
(B) eighteen other members, all of whom shall be elected by the Board of Trustees and of whom one shall be elected pursuant to regulations of the Board of Trustees, on nomination by the Gallaudet University Alumni Association, for a term of three years.
(2) The members appointed from the Senate and House of Representatives shall be appointed for a term of two years at the beginning of each Congress, shall be eligible for reappointment, and shall serve until their successors are appointed.
(3) The Board of Trustees shall have the power to fill any vacancy in the membership of the Board except for public members. Nine trustees shall constitute a quorum to transact business. The Board of Trustees, by vote of a majority of its membership, is authorized to remove any member of their body (except the public members) who may refuse or neglect to discharge the duties of a trustee, or whose removal would, in the judgment of said majority, be to the interest and welfare of said corporation.
(b) Powers of BoardThe Board of Trustees is authorized to—
(1) make such rules, policies, regulations, and bylaws, not inconsistent with the Constitution and laws of the United States, as may be necessary for the good government of Gallaudet University, for the management of the property and funds of such corporation (including the construction of buildings and other facilities), and for the admission, instruction, care, and discharge of students;
(2) provide for the adoption of a corporate seal and for its use;
(3) fix the date of holding their annual and other meetings;
(4) appoint a president and establish policies, guidelines, and procedures related to the appointments, the salaries, and the dismissals of professors, instructors, and other employees of Gallaudet University, including the adoption of a policy of outreach and recruitment to employ and advance in employment qualified individuals with disabilities, particularly individuals who are deaf or hard of hearing;
(5) elect a chairperson and other officers and prescribe their duties and terms of office, and appoint an executive committee to consist of five members, and vest the committee with such of its powers during periods between meetings of the Board as the Board deems necessary;
(6) establish such schools, departments, and other units as the Board of Trustees deems necessary to carry out the purpose of Gallaudet University;
(7) confer such degrees and marks of honor as are conferred by colleges and universities generally, and issue such diplomas and certificates of graduation as, in its opinion, may be deemed advisable, and consistent with academic standards;
(8) subject to section 4353 of this title, control expenditures of all moneys appropriated by Congress for the benefit of Gallaudet University; and
(9) control the expenditure and investment of any moneys or funds or property which Gallaudet University may have or may receive from sources other than appropriations by Congress.
(Pub. L. 99–371, title I, § 103, Aug. 4, 1986, 100 Stat. 782; Pub. L. 102–421, title I, §§ 101(c), 111, Oct. 16, 1992, 106 Stat. 2152; Pub. L. 103–73, title II, § 203(c), Aug. 11, 1993, 107 Stat. 733.)

CITE AS: 20 USC 4303

§ 4304. Laurent Clerc National Deaf Education Center
(a) General authority
(1)
(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—
(A)
(i) select challenging State academic span 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.)

CITE AS: 20 USC 4304

§ 4305. Agreement with Gallaudet University
(a) General authority
(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 chapter and such agreement;
(2) provide that the University will make an annual report, to be part of the report required under section 4354 of this title, 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 or the Model Secondary School for the Deaf 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 subchapter IV of chapter 31 of title 40, commonly referred to as the Davis-Bacon Act; except that 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 3145 of title 40; and
(5) include such other conditions as the Secretary or the University considers necessary to carry out the purposes of this part.
(Pub. L. 99–371, title I, § 105, as added Pub. L. 102–421, title I, § 113, Oct. 16, 1992, 106 Stat. 2154; amended Pub. L. 103–73, title II, § 203(e), Aug. 11, 1993, 107 Stat. 734; Pub. L. 105–244, title IX, § 913, Oct. 7, 1998, 112 Stat. 1830; Pub. L. 110–315, title IX, § 902, Aug. 14, 2008, 122 Stat. 3451.)

CITE AS: 20 USC 4305

§§ 4311, 4321, 4322. Repealed. Pub. L. 102–421, title I, § 101(a)(1), Oct. 16, 1992, 106 Stat. 2151

CITE AS: 20 USC 4311, 4321, 4322