118 STAT. 2796 PUBLIC LAW 108–446—DEC. 3, 2004 entity to demonstrate how the eligible entity will address the needs of children with disabilities from minority backgrounds. ‘‘(2) REQUIRED OUTREACH AND TECHNICAL ASSISTANCE.— Notwithstanding any other provision of this title, the Secretary shall reserve not less than 2 percent of the total amount of funds appropriated to carry out subparts 2 and 3 for either or both of the following activities: ‘‘(A) Providing outreach and technical assistance to historically Black colleges and universities, and to institu tions of higher education with minority enrollments of not less than 25 percent, to promote the participation of such colleges, universities, and institutions in activities under this subpart. ‘‘(B) Enabling historically Black colleges and univer sities, and the institutions described in subparagraph (A), to assist other colleges, universities, institutions, and agen cies in improving educational and transitional results for children with disabilities, if the historically Black colleges and universities and the institutions of higher education described in subparagraph (A) meet the criteria established by the Secretary under this subpart. ‘‘(d) PRIORITIES.—The Secretary, in making an award of a grant, contract, or cooperative agreement under subpart 2 or 3, may, without regard to the rulemaking procedures under section 553 of title 5, United States Code, limit competitions to, or otherwise give priority to— ‘‘(1) projects that address 1 or more— ‘‘(A) age ranges; ‘‘(B) disabilities; ‘‘(C) school grades; ‘‘(D) types of educational placements or early interven tion environments; ‘‘(E) types of services; ‘‘(F) content areas, such as reading; or ‘‘(G) effective strategies for helping children with disabilities learn appropriate behavior in the school and other community based educational settings; ‘‘(2) projects that address the needs of children based on the severity or incidence of their disability; ‘‘(3) projects that address the needs of— ‘‘(A) low achieving students; ‘‘(B) underserved populations; ‘‘(C) children from low income families; ‘‘(D) limited English proficient children; ‘‘(E) unserved and underserved areas; ‘‘(F) rural or urban areas; ‘‘(G) children whose behavior interferes with their learning and socialization; ‘‘(H) children with reading difficulties; ‘‘(I) children in public charter schools; ‘‘(J) children who are gifted and talented; or ‘‘(K) children with disabilities served by local edu cational agencies that receive payments under title VIII of the Elementary and Secondary Education Act of 1965; ‘‘(4) projects to reduce inappropriate identification of chil dren as children with disabilities, particularly among minority children; Historically Black colleges and universities.
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