20 USC Ch. 33: Front Matter
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20 USC Ch. 33: Front Matter
From Title 20-EDUCATIONCHAPTER 33-EDUCATION OF INDIVIDUALS WITH DISABILITIES
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CHAPTER 33-EDUCATION OF INDIVIDUALS WITH DISABILITIES

SUBCHAPTER I-GENERAL PROVISIONS

Sec.
1400.
Congressional statements and declarations.
(a)
Short title.
(b)
Omitted.
(c)
Findings.
(d)
Purposes.
1401.
Definitions.
1402.
Office of Special Education Programs.
(a)
Establishment.
(b)
Director.
(c)
Voluntary and uncompensated services.
1403.
Abrogation of State sovereign immunity.
(a)
In general.
(b)
Remedies.
(c)
Effective date.
1404.
Acquisition of equipment; construction or alteration of facilities.
(a)
In general.
(b)
Compliance with certain regulations.
1405.
Employment of individuals with disabilities.
1406.
Requirements for prescribing regulations.
(a)
Public comment period.
(b)
Protections provided to children.
(c)
Policy letters and statements.
(d)
Correspondence from Department of Education describing interpretations of this chapter.
(e)
Issues of national significance.
(f)
Explanation.

        

SUBCHAPTER II-ASSISTANCE FOR EDUCATION OF ALL CHILDREN WITH DISABILITIES

1411.
Authorization; allotment; use of funds; authorization of appropriations.
(a)
Grants to States.
(b)
Outlying areas and freely associated States.
(c)
Secretary of the Interior.
(d)
Allocations to States.
(e)
Permanent formula.
(f)
State-level activities.
(g)
Subgrants to local educational agencies.
(h)
Definitions.
(i)
Use of amounts by Secretary of the Interior.
(j)
Authorization of appropriations.
1412.
State eligibility.
(a)
In general.
(b)
State educational agency as provider of free appropriate public education or direct services.
(c)
Exception for prior State plans.
(d)
Approval by Secretary.
(e)
Assistance under other Federal programs.
(f)
By-pass for children in private schools.
1413.
Local educational agency eligibility.
(a)
In general.
(b)
Exception for prior local plans.
(c)
Notification of local educational agency or State agency in case of ineligibility.
(d)
Local educational agency compliance.
(e)
Joint establishment of eligibility.
(f)
Coordinated services system.
(g)
School-based improvement plan.
(h)
Direct services by State educational agency.
(i)
State agency eligibility.
(j)
Disciplinary information.
1414.
Evaluations, eligibility determinations, individualized education programs, and educational placements.
(a)
Evaluations and reevaluations.
(b)
Evaluation procedures.
(c)
Additional requirements for evaluation and reevaluations.
(d)
Individualized education programs.
(e)
Construction.
(f)
Educational placements.
1415.
Procedural safeguards.
(a)
Establishment of procedures.
(b)
Types of procedures.
(c)
Content of prior written notice.
(d)
Procedural safeguards notice.
(e)
Mediation.
(f)
Impartial due process hearing.
(g)
Appeal.
(h)
Safeguards.
(i)
Administrative procedures.
(j)
Maintenance of current educational placement.
(k)
Placement in alternative educational setting.
(l)
Rule of construction.
(m)
Transfer of parental rights at age of majority.
1416.
Withholding and judicial review.
(a)
Withholding of payments.
(b)
Judicial review.
(c)
Divided State agency responsibility.
1417.
Administration.
(a)
Responsibilities of Secretary.
(b)
Rules and regulations.
(c)
Confidentiality.
(d)
Personnel.
1418.
Program information.
(a)
In general.
(b)
Sampling.
(c)
Disproportionality.
1419.
Preschool grants.
(a)
In general.
(b)
Eligibility.
(c)
Allocations to States.
(d)
Reservation for State activities.
(e)
State administration.
(f)
Other State-level activities.
(g)
Subgrants to local educational agencies.
(h)
Subchapter III inapplicable.
(i)
"State" defined.
(j)
Authorization of appropriations.

        

SUBCHAPTER III-INFANTS AND TODDLERS WITH DISABILITIES

1431.
Findings and policy.
(a)
Findings.
(b)
Policy.
1432.
Definitions.
1433.
General authority.
1434.
Eligibility.
1435.
Requirements for statewide system.
(a)
In general.
(b)
Policy.
1436.
Individualized family service plan.
(a)
Assessment and program development.
(b)
Periodic review.
(c)
Promptness after assessment.
(d)
Content of plan.
(e)
Parental consent.
1437.
State application and assurances.
(a)
Application.
(b)
Assurances.
(c)
Standard for disapproval of application.
(d)
Subsequent State application.
(e)
Modification of application.
(f)
Modifications required by Secretary.
1438.
Uses of funds.
1439.
Procedural safeguards.
(a)
Minimum procedures.
(b)
Services during pendency of proceedings.
1440.
Payor of last resort.
(a)
Nonsubstitution.
(b)
Reduction of other benefits.
1441.
State interagency coordinating council.
(a)
Establishment.
(b)
Composition.
(c)
Meetings.
(d)
Management authority.
(e)
Functions of council.
(f)
Conflict of interest.
1442.
Federal administration.
1443.
Allocation of funds.
(a)
Reservation of funds for outlying areas.
(b)
Payments to Indians.
(c)
State allotments.
(d)
Reallotment of funds.
1444.
Federal Interagency Coordinating Council.
(a)
Establishment and purpose.
(b)
Composition.
(c)
Meetings.
(d)
Functions of Council.
(e)
Conflict of interest.
(f)
Federal Advisory Committee Act.
1445.
Authorization of appropriations.

        

SUBCHAPTER IV-NATIONAL ACTIVITIES TO IMPROVE EDUCATION OF CHILDREN WITH DISABILITIES

Part A-State Program Improvement Grants for Children with Disabilities

1451.
Findings and purpose.
(a)
Findings.
(b)
Purpose.
1452.
Eligibility and collaborative process.
(a)
Eligible applicants.
(b)
Partners.
1453.
Applications.
(a)
In general.
(b)
Determining child and program needs.
(c)
Improvement strategies.
(d)
Competitive awards.
(e)
Peer review.
(f)
Reporting procedures.
1454.
Use of funds.
(a)
In general.
(b)
Use of funds for professional development.
(c)
Grants to outlying areas.
1455.
Minimum State grant amounts.
(a)
In general.
(b)
Inflation adjustment.
(c)
Factors.
1456.
Authorization of appropriations.

        

Part B-Coordinated Research, Personnel Preparation, Technical Assistance, Support, and Dissemination of Information

1461.
Administrative provisions.
(a)
Comprehensive plan.
(b)
Eligible applicants.
(c)
Use of funds by Secretary.
(d)
Special populations.
(e)
Priorities.
(f)
Applicant and recipient responsibilities.
(g)
Application management.
(h)
Program evaluation.
(i)
Minimum funding required.
(j)
Eligibility for financial assistance.

        

subpart 1-improving early intervention, educational, and transitional services and results for children with disabilities through coordinated research and personnel preparation

1471.
Findings and purpose.
(a)
Findings.
(b)
Purpose.
1472.
Research and innovation to improve services and results for children with disabilities.
(a)
In general.
(b)
New knowledge production; authorized activities.
(c)
Integration of research and practice; authorized activities.
(d)
Improving use of professional knowledge; authorized activities.
(e)
Balance among activities and age ranges.
(f)
Applications.
(g)
Authorization of appropriations.
1473.
Personnel preparation to improve services and results for children with disabilities.
(a)
In general.
(b)
Low-incidence disabilities; authorized activities.
(c)
Leadership preparation; authorized activities.
(d)
Projects of national significance; authorized activities.
(e)
High-incidence disabilities; authorized activities.
(f)
Applications.
(g)
Selection of recipients.
(h)
Service obligation.
(i)
Scholarships.
(j)
Authorization of appropriations.
1474.
Studies and evaluations.
(a)
Studies and evaluations.
(b)
National assessment.
(c)
Annual report.
(d)
Technical assistance to LEA.
(e)
Reservation for studies and technical assistance.

        

subpart 2-improving early intervention, educational, and transitional services and results for children with disabilities through coordinated technical assistance, support, and dissemination of information

1481.
Findings and purposes.
(a)
In general.
(b)
Purposes.
1482.
Parent training and information centers.
(a)
Program authorized.
(b)
Required activities.
(c)
Optional activities.
(d)
Application requirements.
(e)
Distribution of funds.
(f)
Quarterly review.
(g)
"Parent organization" defined.
1483.
Community parent resource centers.
(a)
In general.
(b)
Required activities.
(c)
"Local parent organization" defined.
1484.
Technical assistance for parent training and information centers.
(a)
In general.
(b)
Authorized activities.
1485.
Coordinated technical assistance and dissemination.
(a)
In general.
(b)
Systemic technical assistance; authorized activities.
(c)
Specialized technical assistance; authorized activities.
(d)
National information dissemination; authorized activities.
(e)
Applications.
1486.
Authorization of appropriations.
1487.
Technology development, demonstration, and utilization; and media services.
(a)
In general.
(b)
Technology development, demonstration, and utilization; authorized activities.
(c)
Educational media services; authorized activities.
(d)
Applications.
(e)
Authorization of appropriations.

        

Codification

The Individuals with Disabilities Education Act, comprising this chapter, was originally enacted as title VI of Pub. L. 91–230, Apr. 13, 1970, 84 Stat. 175 , known as the Education of the Handicapped Act, and amended by Pub. L. 92–318, June 23, 1972, 86 Stat. 235 ; Pub. L. 93–380, Aug. 21, 1974, 88 Stat. 484 ; Pub. L. 94–142, Nov. 29, 1975, 89 Stat. 773 ; Pub. L. 95–49, June 17, 1977, 91 Stat. 230 ; Pub. L. 95–561, Nov. 1, 1978, 92 Stat. 2143 ; Pub. L. 96–270, June 14, 1980, 94 Stat. 487 ; Pub. L. 98–199, Dec. 2, 1983, 97 Stat. 1357 ; Pub. L. 99–159, Nov. 22, 1985, 99 Stat. 887 ; Pub. L. 99–362, July 9, 1986, 100 Stat. 769 ; Pub. L. 99–372, Aug. 5, 1986, 100 Stat. 796 ; Pub. L. 99–457, Oct. 8, 1986, 100 Stat. 1145 ; Pub. L. 100–630, Nov. 7, 1988, 102 Stat. 3289 ; Pub. L. 101–476, Oct. 30, 1990, 104 Stat. 1103 ; Pub. L. 102–73, July 25, 1991, 105 Stat. 333 ; Pub. L. 102–119, Oct. 7, 1991, 105 Stat. 587 ; Pub. L. 102–421, Oct. 16, 1992, 106 Stat. 2151 ; Pub. L. 102–569, Oct. 29, 1992, 106 Stat. 4344 ; Pub. L. 103–73, Aug. 11, 1993, 107 Stat. 718 ; Pub. L. 103–218, Mar. 9, 1994, 108 Stat. 50 ; Pub. L. 103–382, Oct. 20, 1994, 108 Stat. 3518 . Title VI is shown herein, however, as having been added by Pub. L. 105–17, title I, §101, June 4, 1997, 111 Stat. 37 , without reference to those intervening amendments because of the extensive revision of title VI by Pub. L. 105–17.

Chapter Referred to in Other Sections

This chapter is referred to in sections 3441, 4356, 6062, 6143, 6314, 6365, 6645, 6648, 6649, 6661b, 6661g, 7426, 7703, 7703a, 8065b, 8921, 9252 of this title; title 5 section 5924; title 10 section 2164; title 25 sections 2503, 2504; title 29 sections 721, 2618; title 42 sections 290ff–2, 290ff–4, 300x–1, 1320b–20, 1760, 6024, 9840a.