§1451. Findings and purpose

(a) Findings

The Congress finds the following:

(1) States are responding with some success to multiple pressures to improve educational and transitional services and results for children with disabilities in response to growing demands imposed by ever-changing factors, such as demographics, social policies, and labor and economic markets.

(2) In order for States to address such demands and to facilitate lasting systemic change that is of benefit to all students, including children with disabilities, States must involve local educational agencies, parents, individuals with disabilities and their families, teachers and other service providers, and other interested individuals and organizations in carrying out comprehensive strategies to improve educational results for children with disabilities.

(3) Targeted Federal financial resources are needed to assist States, working in partnership with others, to identify and make needed changes to address the needs of children with disabilities into the next century.

(4) State educational agencies, in partnership with local educational agencies and other individuals and organizations, are in the best position to identify and design ways to meet emerging and expanding demands to improve education for children with disabilities and to address their special needs.

(5) Research, demonstration, and practice over the past 20 years in special education and related disciplines have built a foundation of knowledge on which State and local systemic-change activities can now be based.

(6) Such research, demonstration, and practice in special education and related disciplines have demonstrated that an effective educational system now and in the future must-

(A) maintain high academic standards and clear performance goals for children with disabilities, consistent with the standards and expectations for all students in the educational system, and provide for appropriate and effective strategies and methods to ensure that students who are children with disabilities have maximum opportunities to achieve those standards and goals;

(B) create a system that fully addresses the needs of all students, including children with disabilities, by addressing the needs of children with disabilities in carrying out educational reform activities;

(C) clearly define, in measurable terms, the school and post-school results that children with disabilities are expected to achieve;

(D) promote service integration, and the coordination of State and local education, social, health, mental health, and other services, in addressing the full range of student needs, particularly the needs of children with disabilities who require significant levels of support to maximize their participation and learning in school and the community;

(E) ensure that children with disabilities are provided assistance and support in making transitions as described in section 1474(b)(3)(C) of this title;

(F) promote comprehensive programs of professional development to ensure that the persons responsible for the education or a transition of children with disabilities possess the skills and knowledge necessary to address the educational and related needs of those children;

(G) disseminate to teachers and other personnel serving children with disabilities research-based knowledge about successful teaching practices and models and provide technical assistance to local educational agencies and schools on how to improve results for children with disabilities;

(H) create school-based disciplinary strategies that will be used to reduce or eliminate the need to use suspension and expulsion as disciplinary options for children with disabilities;

(I) establish placement-neutral funding formulas and cost-effective strategies for meeting the needs of children with disabilities; and

(J) involve individuals with disabilities and parents of children with disabilities in planning, implementing, and evaluating systemic-change activities and educational reforms.

(b) Purpose

The purpose of this part is to assist State educational agencies, and their partners referred to in section 1452(b) of this title, in reforming and improving their systems for providing educational, early intervention, and transitional services, including their systems for professional development, technical assistance, and dissemination of knowledge about best practices, to improve results for children with disabilities.

(Pub. L. 91–230, title VI, §651, as added Pub. L. 105–17, title I, §101, June 4, 1997, 111 Stat. 123 .)

Prior Provisions

A prior section 1451, Pub. L. 91–230, title VI, §651, Apr. 13, 1970, 84 Stat. 186 ; Pub. L. 100–630, title I, §106(b), Nov. 7, 1988, 102 Stat. 3300 ; Pub. L. 101–476, title VI, §601, title IX, §901(b)(150), Oct. 30, 1990, 104 Stat. 1138 , 1149; Pub. L. 102–119, §25(b), Oct. 7, 1991, 105 Stat. 607 , related to the purposes of former subchapter VI of this chapter, which included promoting general welfare of deaf and hard of hearing individuals and visually impaired individuals and educational advancement of individuals with disabilities, prior to repeal by Pub. L. 105–17, title II, §203(c), June 4, 1997, 111 Stat. 157 , effective Oct. 1, 1997.

Effective Date

Section 201(c) of Pub. L. 105–17 provided that:

"(1) In general.-Except as provided in paragraph (2), part D of the Individuals with Disabilities Education Act [20 U.S.C. 1451 et seq.], as amended by title I, shall take effect on October 1, 1997.

"(2) Exception.-Paragraphs (1) and (2) of section 661(g) of the Individuals with Disabilities Education Act [20 U.S.C. 1461(g)(1), (2)], as amended by title I, shall take effect on January 1, 1998."

Transition Provisions

Section 202 of Pub. L. 105–17 provided that: "Notwithstanding any other provision of law, beginning on October 1, 1997, the Secretary of Education may use funds appropriated under part D of the Individuals with Disabilities Education Act [this subchapter] to make continuation awards for projects that were funded under section 618 [20 U.S.C. 1418] and parts C through G of such Act [former subchapters III to VII of this chapter] (as in effect on September 30, 1997)."

Section Referred to in Other Sections

This section is referred to in section 1413 of this title.