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20 U.S.C. § 1418 — Program information
Federal law — U.S. Code and appendices · legal_authorities
**(a) In general** Each State that receives assistance under this subchapter, and the Secretary of the Interior, shall provide data each year to the Secretary of Education and the public on the following:
(1)
(A) The number and percentage of children with disabilities, by race, ethnicity, limited English proficiency status, gender, and disability category, who are in each of the following separate categories:
(i) Receiving a free appropriate public education.
(ii) Participating in regular education.
(iii) In separate classes, separate schools or facilities, or public or private residential facilities.
(iv) For each year of age from age 14 through 21, stopped receiving special education and related services because of program completion (including graduation with a regular secondary school diploma), or other reasons, and the reasons why those children stopped receiving special education and related services.
(v)
(I) Removed to an interim alternative educational setting under [section 1415(k)(1) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section1415/k/1&num=0&edition=prelim).
(II) The acts or items precipitating those removals.
(III) The number of children with disabilities who are subject to long-term suspensions or expulsions.
(B) The number and percentage of children with disabilities, by race, gender, and ethnicity, who are receiving early intervention services.
(C) The number and percentage of children with disabilities, by race, gender, and ethnicity, who, from birth through age 2, stopped receiving early intervention services because of program completion or for other reasons.
(D) The incidence and duration of disciplinary actions by race, ethnicity, limited English
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Source file: Laws/federal/codes/united-states-code/title-20/section-1418-program-information--c15fe5c509.md
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Source location: Title 20, Chapter 33, § 1418; chapter-033-education-of-individuals-with-disabilities.md
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**(a) In general** Each State that receives assistance under this subchapter, and the Secretary of the Interior, shall provide data each year to the Secretary of Education and the public on the following:
(1)
(A) The number and percentage of children with disabilities, by race, ethnicity, limited English proficiency status, gender, and disability category, who are in each of the following separate categories:
(i) Receiving a free appropriate public education.
(ii) Participating in regular education.
(iii) In separate classes, separate schools or facilities, or public or private residential facilities.
(iv) For each year of age from age 14 through 21, stopped receiving special education and related services because of program completion (including graduation with a regular secondary school diploma), or other reasons, and the reasons why those children stopped receiving special education and related services.
(v)
(I) Removed to an interim alternative educational setting under [section 1415(k)(1) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section1415/k/1&num=0&edition=prelim).
(II) The acts or items precipitating those removals.
(III) The number of children with disabilities who are subject to long-term suspensions or expulsions.
(B) The number and percentage of children with disabilities, by race, gender, and ethnicity, who are receiving early intervention services.
(C) The number and percentage of children with disabilities, by race, gender, and ethnicity, who, from birth through age 2, stopped receiving early intervention services because of program completion or for other reasons.
(D) The incidence and duration of disciplinary actions by race, ethnicity, limited English proficiency status, gender, and disability category, of children with disabilities, including suspensions of 1 day or more.
(E) The number and percentage of children with disabilities who are removed to alternative educational settings or expelled as compared to children without disabilities who are removed to alternative educational settings or expelled.
(F) The number of due process complaints filed under [section 1415 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section1415&num=0&edition=prelim) and the number of hearings conducted.
(G) The number of hearings requested under [section 1415(k) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section1415/k&num=0&edition=prelim) and the number of changes in placements ordered as a result of those hearings.
(H) The number of mediations held and the number of settlement agreements reached through such mediations.
(2) The number and percentage of infants and toddlers, by race, and ethnicity, who are at risk of having substantial developmental delays (as defined in [section 1432 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section1432&num=0&edition=prelim)), and who are receiving early intervention services under subchapter III.
(3) Any other information that may be required by the Secretary.
**(b) Data reporting**
(1) **Protection of identifiable data** — The data described in subsection (a) shall be publicly reported by each State in a manner that does not result in the disclosure of data identifiable to individual children.
(2) **Sampling** — The Secretary may permit States and the Secretary of the Interior to obtain the data described in subsection (a) through sampling.
**(c) Technical assistance** The Secretary may provide technical assistance to States to ensure compliance with the data collection and reporting requirements under this chapter.
**(d) Disproportionality**
(1) **In general** — Each State that receives assistance under this subchapter, and the Secretary of the Interior, shall provide for the collection and examination of data to determine if significant disproportionality based on race and ethnicity is occurring in the State and the local educational agencies of the State with respect to—
(A) the identification of children as children with disabilities, including the identification of children as children with disabilities in accordance with a particular impairment described in [section 1401(3) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section1401/3&num=0&edition=prelim);
(B) the placement in particular educational settings of such children; and
(C) the incidence, duration, and type of disciplinary actions, including suspensions and expulsions.
(2) **Review and revision of policies, practices, and procedures** — In the case of a determination of significant disproportionality with respect to the identification of children as children with disabilities, or the placement in particular educational settings of such children, in accordance with paragraph (1), the State or the Secretary of the Interior, as the case may be, shall—
(A) provide for the review and, if appropriate, revision of the policies, procedures, and practices used in such identification or placement to ensure that such policies, procedures, and practices comply with the requirements of this chapter;
(B) require any local educational agency identified under paragraph (1) to reserve the maximum amount of funds under [section 1413(f) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section1413/f&num=0&edition=prelim) to provide comprehensive coordinated early intervening services to serve children in the local educational agency, particularly children in those groups that were significantly overidentified under paragraph (1); and
(C) require the local educational agency to publicly report on the revision of policies, practices, and procedures described under subparagraph (A).
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Establishment of procedures** Any State educational agency, State agency, or local educational agency that receives assistance under this subchapter shall establish and maintain procedures in accordance with this section to ensure that children with disabilities and their parents are guaranteed procedural safeguards with respect to the provision of a free appropriate public education by such agencies.
**(b) Types of procedures** The procedures required by this section shall include the following:
(1) An opportunity for the parents of a child with a disability to examine all records relating to such child and to participate in meetings with respect to the identification, evaluation, and educational placement of the child, and the provision of a free appropriate public education to such child, and to obtain an independent educational evaluation of the child.
(2)
(A) Procedures to protect the rights of the child whenever the parents of the child are not known, the agency cannot, after reasonable efforts, locate the parents, or the child is a ward of the State, including the assignment of an individual to act as a surrogate for the parents, which surrogate shall not be an employee of the State educational agency, the local educational agency, or any other agency that is involved in the education or care of the child. In the case of—
(i) a child who is a ward of the State, such surrogate may alternatively be appointed by the judge overseeing the child’s care provided that the surrogate meets the requirements of this paragraph; and
(ii) an unaccompanied homeless youth as defined in [section 11434a(6) of title 42](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section11434a/6&num=0&edition=prelim), the local educational agency shall
Source: Supplied U.S. Code snapshot — release unconfirmed · 20 U.S.C. § 1415
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Federal law — U.S. Code and appendices · legal_authorities
In this subchapter:
(1) **At-risk infant or toddler** — The term “at-risk infant or toddler” means an individual under 3 years of age who would be at risk of experiencing a substantial developmental delay if early intervention services were not provided to the individual.
(2) **Council** — The term “council” means a State interagency coordinating council established under [section 1441 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section1441&num=0&edition=prelim).
(3) **Developmental delay** — The term “developmental delay”, when used with respect to an individual residing in a State, has the meaning given such term by the State under [section 1435(a)(1) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section1435/a/1&num=0&edition=prelim).
(4) **Early intervention services** — The term “early intervention services” means developmental services that—
(A) are provided under public supervision;
(B) are provided at no cost except where Federal or State law provides for a system of payments by families, including a schedule of sliding fees;
(C) are designed to meet the developmental needs of an infant or toddler with a disability, as identified by the individualized family service plan team, in any 1 or more of the following areas:
(i) physical development;
(ii) cognitive development;
(iii) communication development;
(iv) social or emotional development; or
(v) adaptive development;
(D) meet the standards of the State in which the services are provided, including the requirements of this subchapter;
(E) include—
(i) family training, counseling, and home visits;
(ii) special instruction;
(iii) speech-language pathology and audiology services, a
Source: Supplied U.S. Code snapshot — release unconfirmed · 20 U.S.C. § 1432
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Short title** This chapter may be cited as the “Individuals with Disabilities Education Act”.
**(b) Omitted**
**(c) Findings** Congress finds the following:
(1) Disability is a natural part of the human experience and in no way diminishes the right of individuals to participate in or contribute to society. Improving educational results for children with disabilities is an essential element of our national policy of ensuring equality of opportunity, full participation, independent living, and economic self-sufficiency for individuals with disabilities.
(2) Before the date of enactment of the Education for All Handicapped Children Act of 1975 (Public Law 94–142), the educational needs of millions of children with disabilities were not being fully met because—
(A) the children did not receive appropriate educational services;
(B) the children were excluded entirely from the public school system and from being educated with their peers;
(C) undiagnosed disabilities prevented the children from having a successful educational experience; or
(D) a lack of adequate resources within the public school system forced families to find services outside the public school system.
(3) Since the enactment and implementation of the Education for All Handicapped Children Act of 1975, this chapter has been successful in ensuring children with disabilities and the families of such children access to a free appropriate public education and in improving educational results for children with disabilities.
(4) However, the implementation of this chapter has been impeded by low expectations, and an insufficient focus on applying replicable research on proven methods of teaching and learning for children with disabilities.
(5) Almost 30 years of research and experience has
Source: Supplied U.S. Code snapshot — release unconfirmed · 20 U.S.C. § 1400
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Federal law — U.S. Code and appendices · legal_authorities
The Republic of the Marshall Islands, the Federated States of Micronesia, and the Republic of Palau shall continue to be eligible for competitive grants administered by the Secretary under this chapter to the extent that such grants continue to be available to States and local educational agencies under this chapter.
Source: Supplied U.S. Code snapshot — release unconfirmed · 20 U.S.C. § 1409
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Grants to States**
(1) **Purpose of grants** — The Secretary shall make grants to States, outlying areas, and freely associated States, and provide funds to the Secretary of the Interior, to assist them to provide special education and related services to children with disabilities in accordance with this subchapter.
(2) **Maximum amount** — The maximum amount of the grant a State may receive under this section—
(A) for fiscal years 2005 and 2006 is—
(i) the number of children with disabilities in the State who are receiving special education and related services—
(I) aged 3 through 5 if the State is eligible for a grant under [section 1419 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section1419&num=0&edition=prelim); and
(II) aged 6 through 21; multiplied by
(ii) 40 percent of the average per-pupil expenditure in public elementary schools and secondary schools in the United States; and
(B) for fiscal year 2007 and subsequent fiscal years is—
(i) the number of children with disabilities in the 2004–2005 school year in the State who received special education and related services—
(I) aged 3 through 5 if the State is eligible for a grant under [section 1419 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section1419&num=0&edition=prelim); and
(II) aged 6 through 21; multiplied by
(ii) 40 percent of the average per-pupil expenditure in public elementary schools and secondary schools in the United States; adjusted by
(iii) the rate of annual change in the sum of—
(I) 85 percent of such State’s population described in subsection (d)(3)(A)(i)(II); and
(II) 15 percent of such State’s population described in subsection (d)
Source: Supplied U.S. Code snapshot — release unconfirmed · 20 U.S.C. § 1411
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Federal law — U.S. Code and appendices · legal_authorities
**(a) In general** A State is eligible for assistance under this subchapter for a fiscal year if the State submits a plan that provides assurances to the Secretary that the State has in effect policies and procedures to ensure that the State meets each of the following conditions:
(1) **Free appropriate public education**
(A) *In general* — A free appropriate public education is available to all children with disabilities residing in the State between the ages of 3 and 21, inclusive, including children with disabilities who have been suspended or expelled from school.
(B) *Limitation* — The obligation to make a free appropriate public education available to all children with disabilities does not apply with respect to children—
(i) aged 3 through 5 and 18 through 21 in a State to the extent that its application to those children would be inconsistent with State law or practice, or the order of any court, respecting the provision of public education to children in those age ranges; and
(ii) aged 18 through 21 to the extent that State law does not require that special education and related services under this subchapter be provided to children with disabilities who, in the educational placement prior to their incarceration in an adult correctional facility—
(I) were not actually identified as being a child with a disability under [section 1401 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section1401&num=0&edition=prelim); or
(II) did not have an individualized education program under this subchapter.
(C) *State flexibility* — A State that provides early intervention services in accordance with subchapter III to a child who is eligible for services under [section 1419 of this title](https://uscode.hou
Source: Supplied U.S. Code snapshot — release unconfirmed · 20 U.S.C. § 1412
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Federal and State monitoring**
(1) **In general** — The Secretary shall—
(A) monitor implementation of this subchapter through—
(i) oversight of the exercise of general supervision by the States, as required in [section 1412(a)(11) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section1412/a/11&num=0&edition=prelim); and
(ii) the State performance plans, described in subsection (b);
(B) enforce this subchapter in accordance with subsection (e); and
(C) require States to—
(i) monitor implementation of this subchapter by local educational agencies; and
(ii) enforce this subchapter in accordance with paragraph (3) and subsection (e).
(2) **Focused monitoring** — The primary focus of Federal and State monitoring activities described in paragraph (1) shall be on—
(A) improving educational results and functional outcomes for all children with disabilities; and
(B) ensuring that States meet the program requirements under this subchapter, with a particular emphasis on those requirements that are most closely related to improving educational results for children with disabilities.
(3) **Monitoring priorities** — The Secretary shall monitor the States, and shall require each State to monitor the local educational agencies located in the State (except the State exercise of general supervisory responsibility), using quantifiable indicators in each of the following priority areas, and using such qualitative indicators as are needed to adequately measure performance in the following priority areas:
(A) Provision of a free appropriate public education in the least restrictive environment.
(B) State exercise of general supervisory authority, including child find, effective monitoring, the use of reso
Source: Supplied U.S. Code snapshot — release unconfirmed · 20 U.S.C. § 1416
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Responsibilities of Secretary** The Secretary shall—
(1) cooperate with, and (directly or by grant or contract) furnish technical assistance necessary to, a State in matters relating to—
(A) the education of children with disabilities; and
(B) carrying out this subchapter; and
(2) provide short-term training programs and institutes.
**(b) Prohibition against Federal mandates, direction, or control** Nothing in this chapter shall be construed to authorize an officer or employee of the Federal Government to mandate, direct, or control a State, local educational agency, or school’s specific instructional content, academic achievement standards and assessments, curriculum, or program of instruction.
**(c) Confidentiality** The Secretary shall take appropriate action, in accordance with [section 1232g of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section1232g&num=0&edition=prelim), to ensure the protection of the confidentiality of any personally identifiable data, information, and records collected or maintained by the Secretary and by State educational agencies and local educational agencies pursuant to this subchapter.
**(d) Personnel** The Secretary is authorized to hire qualified personnel necessary to carry out the Secretary’s duties under subsection (a), under [section 1418 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section1418&num=0&edition=prelim), and under part D of subchapter IV, without regard to the provisions of title 5 relating to appointments in the competitive service and without regard to chapter 51 and subchapter III of chapter 53 of such title relating to classification and general schedule pay rates, except that no more than 20 such personnel shall be employe
Source: Supplied U.S. Code snapshot — release unconfirmed · 20 U.S.C. § 1417
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Federal law — U.S. Code and appendices · legal_authorities
**(a) In general** A statewide system described in [section 1433 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section1433&num=0&edition=prelim) shall include, at a minimum, the following components:
(1) A rigorous definition of the term “developmental delay” that will be used by the State in carrying out programs under this subchapter in order to appropriately identify infants and toddlers with disabilities that are in need of services under this subchapter.
(2) A State policy that is in effect and that ensures that appropriate early intervention services based on scientifically based research, to the extent practicable, are available to all infants and toddlers with disabilities and their families, including Indian infants and toddlers with disabilities and their families residing on a reservation geographically located in the State and infants and toddlers with disabilities who are homeless children and their families.
(3) A timely, comprehensive, multidisciplinary evaluation of the functioning of each infant or toddler with a disability in the State, and a family-directed identification of the needs of each family of such an infant or toddler, to assist appropriately in the development of the infant or toddler.
(4) For each infant or toddler with a disability in the State, an individualized family service plan in accordance with [section 1436 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section1436&num=0&edition=prelim), including service coordination services in accordance with such service plan.
(5) A comprehensive child find system, consistent with subchapter II, including a system for making referrals to service providers that includes timelines and provides for participation by pr
Source: Supplied U.S. Code snapshot — release unconfirmed · 20 U.S.C. § 1435
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Federal law — U.S. Code and appendices · legal_authorities
Congress finds the following:
(1) The Federal Government has an ongoing obligation to support activities that contribute to positive results for children with disabilities, enabling those children to lead productive and independent adult lives.
(2) Systemic change benefiting all students, including children with disabilities, requires the involvement of States, local educational agencies, parents, individuals with disabilities and their families, teachers and other service providers, and other interested individuals and organizations to develop and implement comprehensive strategies that improve educational results for children with disabilities.
(3) State educational agencies, in partnership with local educational agencies, parents of children with disabilities, and other individuals and organizations, are in the best position to improve education for children with disabilities and to address their special needs.
(4) An effective educational system serving students with disabilities should—
(A) maintain high academic achievement 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 all children with disabilities have the opportunity to achieve those standards and goals;
(B) clearly define, in objective, measurable terms, the school and post-school results that children with disabilities are expected to achieve; and
(C) promote transition services and coordinate 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 need significant levels of suppor
Source: Supplied U.S. Code snapshot — release unconfirmed · 20 U.S.C. § 1451
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