§1400. Congressional statements and declarations

(a) Short title

This chapter may be cited as the "Individuals with Disabilities Education Act".

(b) Findings

The Congress finds that-

(1) there are more than eight million children with disabilities in the United States today;

(2) the special educational needs of such children are not being fully met;

(3) more than half of the children with disabilities in the United States do not receive appropriate educational services which would enable them to have full equality of opportunity;

(4) one million of the children with disabilities in the United States are excluded entirely from the public school system and will not go through the educational process with their peers;

(5) there are many children with disabilities throughout the United States participating in regular school programs whose disabilities prevent them from having a successful educational experience because their disabilities are undetected;

(6) because of the lack of adequate services within the public school system, families are often forced to find services outside the public school system, often at great distance from their residence and at their own expense;

(7) developments in the training of teachers and in diagnostic and instructional procedures and methods have advanced to the point that, given appropriate funding, State and local educational agencies can and will provide effective special education and related services to meet the needs of children with disabilities;

(8) State and local educational agencies have a responsibility to provide education for all children with disabilities, but present financial resources are inadequate to meet the special educational needs of children with disabilities; and

(9) it is in the national interest that the Federal Government assist State and local efforts to provide programs to meet the educational needs of children with disabilities in order to assure equal protection of the law.

(c) Purpose

It is the purpose of this chapter to assure that all children with disabilities have available to them, within the time periods specified in section 1412(2)(B) of this title, a free appropriate public education which emphasizes special education and related services designed to meet their unique needs, to assure that the rights of children with disabilities and their parents or guardians are protected, to assist States and localities to provide for the education of all children with disabilities, and to assess and assure the effectiveness of efforts to educate children with disabilities.

( Pub. L. 91–230, title VI, §601, Apr. 13, 1970, 84 Stat. 175 ; Pub. L. 94–142, §3, Nov. 29, 1975, 89 Stat. 774 ; Pub. L. 101–476, title IX, §901(a)(1), (b)(1)–(9), Oct. 30, 1990, 104 Stat. 1141 , 1142; Pub. L. 102–119, §25(b), Oct. 7, 1991, 105 Stat. 607 .)

References in Text

This chapter, referred to in subsec. (c), was in the original "this Act" and has been translated throughout this chapter as reading "this title", meaning title VI of Pub. L. 91–230, as amended, popularly known as the "Individuals with Disabilities Education Act", to reflect the probable intent of Congress.

Codification

This section was formerly classified as a note under section 1401 of this title.

Prior Provisions

A prior Education of the Handicapped Act, Pub. L. 89–10, title VI, as added Pub. L. 89–750, title I, §161, Nov. 3, 1966, 80 Stat. 1204 , and amended, was classified generally to subchapter IV (§871 et seq.) of chapter 24 of this title, prior to repeal by Pub. L. 91–230, title VI, §662(3), Apr. 13, 1970, 84 Stat. 188 .

Amendments

1991-Pub. L. 102–119 amended directory language of Pub. L. 101–476, §901(b). See 1990 Amendment note below.

1990-Pub. L. 101–476, §901(b), was amended in its directory language by Pub. L. 102–119, requiring no change in text.

Subsec. (a). Pub. L. 101–476, §901(a)(1), substituted "Individuals with Disabilities Education Act" for "Education of the Handicapped Act".

Subsec. (b)(1), (3), (4). Pub. L. 101–476, §901(b)(1)–(3), substituted "children with disabilities" for "handicapped children".

Subsec. (b)(5). Pub. L. 101–476, §901(b)(4), (5), substituted "children with disabilities" for "handicapped children" and substituted "disabilities" for "handicaps" in two places.

Subsecs. (b)(7) to (9), (c). Pub. L. 101–476, §901(b)(6)–(9), substituted "children with disabilities" for "handicapped children" wherever appearing.

1975-Pub. L. 94–142 designated existing provisions as subsec. (a) and added subsecs. (b) and (c).

Effective Date of 1990 Amendment

Amendment by Pub. L. 101–476 effective Oct. 1, 1990, see section 1001 of Pub. L. 101–476, set out as a note under section 1087ee of this title.

Effective Date of 1975 Amendment

Amendment by Pub. L. 94–142 effective Nov. 29, 1975, see section 8(b) of Pub. L. 94–142, set out as a note under section 1411 of this title.

Short Title of 1991 Amendment

Section 1 of Pub. L. 102–119 provided that: "This Act [see Tables for classification] may be cited as the 'Individuals with Disabilities Education Act Amendments of 1991'."

Short Title of 1990 Amendment

Section 1(a) of Pub. L. 101–476 provided that: "This Act [see Tables for classification] may be cited as the 'Education of the Handicapped Act Amendments of 1990'."

Short Title of 1988 Amendment

Pub. L. 100–630, §1, Nov. 7, 1988, 102 Stat. 3289 , provided that: "This Act [amending sections 101, 1401, 1404, 1406, 1407, 1411 to 1419, 1421 to 1425, 1431 to 1433, 1441, 1443, 1451, 1452, 1461, 1471, 1472, and 1475 to 1482 of this title, sections 702, 705, 706, 709, 711, 713, 717, 720 to 723, 731, 732, 740, 741, 750, 752, 761 to 762, 770, 772, 774 to 776, 777 to 777b, 777d, 777f, 780, 781 to 783, 791 to 794, 794b, 794d, 795a, 795g to 795i, 795l to 795n, 795q, 796a to 796g, 796i, and 1904 of Title 29, Labor, and section 155 of Title 36, Patriotic Societies and Observances, enacting provisions set out as notes under sections 101, 1419, and 1432 of this title and sections 731 and 777c of Title 29, and repealing provisions set out as a note under section 795m of Title 29] may be cited as the 'Handicapped Programs Technical Amendments Act of 1988'."

Short Title of 1986 Amendments

Pub. L. 99–457, §1(a), Oct. 8, 1986, 100 Stat. 1145 , provided that: "This Act [enacting sections 1408, 1461, 1462, and 1471 to 1485 of this title, amending sections 1401, 1406, 1411 to 1413, 1418, 1419, 1421 to 1424, 1424a, 1425, 1427, 1431 to 1433, 1435, 1441, 1443, 1444, 1452, and 1454 of this title, repealing sections 1403 and 1453 of this title, and enacting provisions set out as notes under sections 1419 and 1485 of this title] may be cited as the 'Education of the Handicapped Act Amendments of 1986'."

Pub. L. 99–372, §1, Aug. 5, 1986, 100 Stat. 796 , provided that: "This Act [amending section 1415 of this title and enacting provisions set out as notes under section 1415 of this title] may be cited as the 'Handicapped Children's Protection Act of 1986'."

Short Title of 1983 Amendment

Pub. L. 98–199, §1, Dec. 2, 1983, 97 Stat. 1357 , provided: "That this Act [enacting sections 1407 and 1427 of this title, amending sections 1401 to 1404, 1406, 1411 to 1414, 1416 to 1426, 1431 to 1435, 1441 to 1444, 1452, 1454, and 1461 of this title, repealing section 1461 of this title, omitting section 1436 of this title, enacting a provision set out as a note under section 1401 of this title, and amending provisions set out as notes under sections 101, 681, and 1411 of this title] may be cited as the 'Education of the Handicapped Act Amendments of 1983'."

Short Title of 1977 Amendment

Pub. L. 95–49, §1, June 17, 1977, 91 Stat. 230 , provided: "That this Act [amending sections 1426, 1436, 1441, 1444, and 1454 of this title, and enacting provisions set out as a note under section 1426 of this title] may be cited as the 'Education of the Handicapped Amendments of 1977'."

Short Title of 1975 Amendment

Section 1 of Pub. L. 94–142 provided: "That this Act [enacting sections 1405, 1406, 1415, 1416, 1417, 1418, 1419, and 1420 of this title, amending this section and sections 1232, 1401, 1411, 1411 notes, 1412, 1412 note, 1413, 1413 note, 1414, and 1453 of this title, and enacting provisions set out as a note under section 1411 of this title] may be cited as the 'Education for All Handicapped Children Act of 1975'."

Short Title of 1974 Amendment

Pub. L. 93–380, title VI, §611, Aug. 21, 1974, 88 Stat. 579 , provided that: "This title [enacting section 1424a of this title, amending sections 1402, 1403, 1411 to 1413, 1426, 1436, 1444, 1452, 1454, and 1461 of this title, and enacting provisions set out as notes under sections 1402 and 1411 to 1413 of this title] may be cited as the 'Education of the Handicapped Amendments of 1974'."

References to Education of the Handicapped Act

Section 901(a)(3) of Pub. L. 101–476 provided that: "Any other Act and any regulation which refers to the Education of the Handicapped Act shall be considered to refer to the Individuals with Disabilities Education Act."

Section Referred to in Other Sections

This section is referred to in section 1411 of this title.