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20 U.S.C. § 1417 — Administration

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

20 U.S.C. § 1417 — Administration

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Stable record: federal_law:legal_authorities:record_usc_cdd7c0b0b9a26d6a74d3611d
Source file: Laws/federal/codes/united-states-code/title-20/section-1417-administration--1d4d63446c.md
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Source location: Title 20, Chapter 33, § 1417; chapter-033-education-of-individuals-with-disabilities.md

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**(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 employed at any time. **(e) Model forms** Not later than the date that the Secretary publishes final regulations under this chapter, to implement amendments made by the Individuals with Disabilities Education Improvement Act of 2004, the Secretary shall publish and disseminate widely to States, local educational agencies, and parent and community training and information centers— (1) a model IEP form; (2) a model individualized family service plan (IFSP) form; (3) a model form of the notice of procedural safeguards described in [section 1415(d) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section1415/d&num=0&edition=prelim); and (4) a model form of the prior written notice described in subsections (b)(3) and (c)(1) of [section 1415 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section1415&num=0&edition=prelim) that is consistent with the requirements of this subchapter and is sufficient to meet such requirements.

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

20 U.S.C. § 1232g — Labor standards

All laborers and mechanics employed by contractors or subcontractors on all construction and minor remodeling projects assisted under any applicable program shall be paid wages at rates not less than those prevailing on similar construction and minor remodeling in the locality as determined by the Secretary of Labor in accordance with sections 3141–3144, 3146, and 3147 of title 40. The Secretary of Labor shall have, with respect to the labor standards specified in this section, the authority and functions set forth in Reorganization Plan Numbered 14 of 1950 and [section 3145 of title 40](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title40-section3145&num=0&edition=prelim).

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

20 U.S.C. § 1415 — Procedural safeguards

**(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

20 U.S.C. § 1418 — Program information

**(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

Source: Supplied U.S. Code snapshot — release unconfirmed · 20 U.S.C. § 1418

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

20 U.S.C. § 1400 — Short title; findings; purposes

**(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

20 U.S.C. § 1417 — Administration

Page 982 TITLE 20—EDUCATION § 1417 prior to the general amendment of subchapters I to IV of this chapter by Pub. L. 105–17. § 1417. Administration (a) Responsibilities of Secretary The Secretary shall— (1) cooperate with, and (directly or by grant or contract) furnish technical assistance nec- essary to, a State in matters relating to— (A) the education of children with disabil- ities; and (B) carrying out this subchapter; and (2) provide short-term training programs and institutes. (b) Prohibition against Federal mandates, direc- tion, 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 spe- cific instructional content, academic achieve- ment standards and assessments, curriculum, or program of instruction. (c) Confidentiality The Secretary shall take appropriate action, in accordance with section 1232g of this title, to ensure the protection of the confidentiality of any personally identifiable data, information, and records collected or maintained by the Sec- retary and by State educational agencies and local educational agencies pursuant to this sub- chapter. (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, and under part D of subchapter IV, without regard to the provisions of title 5 relat- ing to appointments in the competitive service and without regard to chapter 51 and subchapter III of chapter 53 of such title relating to classi- fication and general schedule pay rates, except that no more than 20 such personnel shall be em- ployed at any time. (e) Model forms Not later

Source: Supplied 2024 U.S. Code historical extraction · 20 U.S.C. § 1417

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