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20 U.S.C. § 1433 — General authority

Federal law — U.S. Code and appendices · legal_authorities

20 U.S.C. § 1433 — General authority

The Secretary shall, in accordance with this subchapter, make grants to States (from their allotments under [section 1443 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section1443&num=0&edition=prelim)) to assist each State to maintain and implement a statewide, comprehensive, coordinated, multidisciplinary, interagency system to provide early intervention services for infants and toddlers with disabilities and their families.

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Stable record: federal_law:legal_authorities:record_usc_b673c86bb091704ee2748bd7
Source file: Laws/federal/codes/united-states-code/title-20/section-1433-general-authority--5f90fd6637.md
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Source location: Title 20, Chapter 33, § 1433; chapter-033-education-of-individuals-with-disabilities.md

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The Secretary shall, in accordance with this subchapter, make grants to States (from their allotments under [section 1443 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section1443&num=0&edition=prelim)) to assist each State to maintain and implement a statewide, comprehensive, coordinated, multidisciplinary, interagency system to provide early intervention services for infants and toddlers with disabilities and their families.

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Federal law — U.S. Code and appendices · legal_authorities

20 U.S.C. § 1443 — Allocation of funds

**(a) Reservation of funds for outlying areas** (1) **In general** — From the sums appropriated to carry out this subchapter for any fiscal year, the Secretary may reserve not more than 1 percent for payments to Guam, American Samoa, the United States Virgin Islands, and the Commonwealth of the Northern Mariana Islands in accordance with their respective needs for assistance under this subchapter. (2) **Consolidation of funds** — The provisions of Public Law 95–134, permitting the consolidation of grants to the outlying areas, shall not apply to funds those areas receive under this subchapter. **(b) Payments to Indians** (1) **In general** — The Secretary shall, subject to this subsection, make payments to the Secretary of the Interior to be distributed to tribes, tribal organizations (as defined under [section 5304 of title 25](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title25-section5304&num=0&edition=prelim)), or consortia of the above entities for the coordination of assistance in the provision of early intervention services by the States to infants and toddlers with disabilities and their families on reservations served by elementary schools and secondary schools for Indian children operated or funded by the Department of the Interior. The amount of such payment for any fiscal year shall be 1.25 percent of the aggregate of the amount available to all States under this subchapter for such fiscal year. (2) **Allocation** — For each fiscal year, the Secretary of the Interior shall distribute the entire payment received under paragraph (1) by providing to each tribe, tribal organization, or consortium an amount based on the number of infants and toddlers residing on the reservation, as determined annually, divided by the total of such children s

Source: Supplied U.S. Code snapshot — release unconfirmed · 20 U.S.C. § 1443

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Federal law — U.S. Code and appendices · legal_authorities

20 U.S.C. § 1434 — Eligibility

In order to be eligible for a grant under [section 1433 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section1433&num=0&edition=prelim), a State shall provide assurances to the Secretary that the State— (1) has adopted a policy that appropriate early intervention services are available to all infants and toddlers with disabilities in the State and their families, including Indian infants and toddlers with disabilities and their families residing on a reservation geographically located in the State, infants and toddlers with disabilities who are homeless children and their families, and infants and toddlers with disabilities who are wards of the State; and (2) has in effect a statewide system that meets the requirements of [section 1435 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section1435&num=0&edition=prelim).

Source: Supplied U.S. Code snapshot — release unconfirmed · 20 U.S.C. § 1434

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Federal law — U.S. Code and appendices · legal_authorities

20 U.S.C. § 1435 — Requirements for statewide system

**(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

20 U.S.C. § 1436 — Individualized family service plan

**(a) Assessment and program development** 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 provide, at a minimum, for each infant or toddler with a disability, and the infant’s or toddler’s family, to receive— (1) a multidisciplinary assessment of the unique strengths and needs of the infant or toddler and the identification of services appropriate to meet such needs; (2) a family-directed assessment of the resources, priorities, and concerns of the family and the identification of the supports and services necessary to enhance the family’s capacity to meet the developmental needs of the infant or toddler; and (3) a written individualized family service plan developed by a multidisciplinary team, including the parents, as required by subsection (e), including a description of the appropriate transition services for the infant or toddler. **(b) Periodic review** The individualized family service plan shall be evaluated once a year and the family shall be provided a review of the plan at 6-month intervals (or more often where appropriate based on infant or toddler and family needs). **(c) Promptness after assessment** The individualized family service plan shall be developed within a reasonable time after the assessment required by subsection (a)(1) is completed. With the parents’ consent, early intervention services may commence prior to the completion of the assessment. **(d) Content of plan** The individualized family service plan shall be in writing and contain— (1) a statement of the infant’s or toddler’s present levels of physical development, cognitive development, communication development, social or emotional development, and adaptive d

Source: Supplied U.S. Code snapshot — release unconfirmed · 20 U.S.C. § 1436

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Federal law — U.S. Code and appendices · legal_authorities

20 U.S.C. § 1437 — State application and assurances

**(a) Application** A State desiring to receive a grant under [section 1433 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section1433&num=0&edition=prelim) shall submit an application to the Secretary at such time and in such manner as the Secretary may reasonably require. The application shall contain— (1) a designation of the lead agency in the State that will be responsible for the administration of funds provided under [section 1433 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section1433&num=0&edition=prelim); (2) a certification to the Secretary that the arrangements to establish financial responsibility for services provided under this subchapter pursuant to [section 1440(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section1440/b&num=0&edition=prelim) are current as of the date of submission of the certification; (3) information demonstrating eligibility of the State under [section 1434 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section1434&num=0&edition=prelim), including— (A) information demonstrating to the Secretary’s satisfaction that the State has in effect the statewide system required by [section 1433 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section1433&num=0&edition=prelim); and (B) a description of services to be provided to infants and toddlers with disabilities and their families through the system; (4) if the State provides services to at-risk infants and toddlers through the statewide system, a description of such services; (5) a description of the uses for which funds will be expended in accordance with this subchapter; (6) a description

Source: Supplied U.S. Code snapshot — release unconfirmed · 20 U.S.C. § 1437

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Federal law — U.S. Code and appendices · legal_authorities

20 U.S.C. § 1438 — Uses of funds

In addition to using funds provided under [section 1433 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section1433&num=0&edition=prelim) to maintain and implement the statewide system required by such section, a State may use such funds— (1) for direct early intervention services for infants and toddlers with disabilities, and their families, under this subchapter that are not otherwise funded through other public or private sources; (2) to expand and improve on services for infants and toddlers and their families under this subchapter that are otherwise available; (3) to provide a free appropriate public education, in accordance with subchapter II, to children with disabilities from their third birthday to the beginning of the following school year; (4) with the written consent of the parents, to continue to provide early intervention services under this subchapter to children with disabilities from their 3rd birthday until such children enter, or are eligible under State law to enter, kindergarten, in lieu of a free appropriate public education provided in accordance with subchapter II; and (5) in any State that does not provide services for at-risk infants and toddlers under [section 1437(a)(4) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section1437/a/4&num=0&edition=prelim), to strengthen the statewide system by initiating, expanding, or improving collaborative efforts related to at-risk infants and toddlers, including establishing linkages with appropriate public or private community-based organizations, services, and personnel for the purposes of— (A) identifying and evaluating at-risk infants and toddlers; (B) making referrals of the infants and toddlers identified and evaluat

Source: Supplied U.S. Code snapshot — release unconfirmed · 20 U.S.C. § 1438

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Federal law — U.S. Code and appendices · legal_authorities

20 U.S.C. § 1433 — General authority

Page 988 TITLE 20—EDUCATION § 1433 enter, kindergarten or elementary school, as appropriate, provided that any pro- grams under this subchapter serving such children shall include— (I) an educational component that pro- motes school readiness and incorporates pre-literacy, language, and numeracy skills; and (II) a written notification to parents of their rights and responsibilities in deter- mining whether their child will continue to receive services under this subchapter or participate in preschool programs under section 1419 of this title. (Pub. L. 91–230, title VI, § 632, as added Pub. L. 108–446, title I, § 101, Dec. 3, 2004, 118 Stat. 2744.) Editorial Notes PRIOR PROVISIONS A prior section 1432, Pub. L. 91–230, title VI, § 632, as added Pub. L. 105–17, title I, § 101, June 4, 1997, 111 Stat. 106, set out definitions for this subchapter, prior to the general amendment of subchapters I to IV of this chap- ter by Pub. L. 108–446. Another prior section 1432, Pub. L. 91–230, title VI, § 632, Apr. 13, 1970, 84 Stat. 184; Pub. L. 98–199, §§ 3(b), 11, Dec. 2, 1983, 97 Stat. 1358, 1371; Pub. L. 99–457, title III, § 309, Oct. 8, 1986, 100 Stat. 1168; Pub. L. 100–630, title I, § 104(c), Nov. 7, 1988, 102 Stat. 3298; Pub. L. 101–476, title IV, § 402, title IX, § 901(b)(143), Oct. 30, 1990, 104 Stat. 1132, 1148; Pub. L. 102–119, § 25(b), Oct. 7, 1991, 105 Stat. 607, related to grants to State educational agencies and institutions for traineeships, prior to the general amendment of subchapters I to IV of this chapter by Pub. L. 105–17. § 1433. General authority The Secretary shall, in accordance with this subchapter, make grants to States (from their allotments under section 1443 of this title) to as- sist each State to maintain and implement a s

Source: Supplied 2024 U.S. Code historical extraction · 20 U.S.C. § 1433

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