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20 U.S.C. § 1401 — Definitions
Federal law — U.S. Code and appendices · legal_authorities
Page 931
TITLE 20—EDUCATION
§ 1401
‘‘(2) compel States to change terminology in State
laws for individuals covered by a provision amended
by this Act.’’
TRANSITION
Pub. L. 108–446, title III, § 303, Dec. 3, 2004, 118 Stat.
2803, provided that:
‘‘(a) ORDERLY TRANSITION.—
‘‘(1) IN GENERAL.—The Secretary of Education (in
this section referred to as ‘the Secretary’) shall take
such steps as are necessary to provide for the orderly
transition from the Individuals with Disabilities Edu-
cation Act [this chapter], as such Act was in effect on
the day preceding the date of enactment of this Act
[Dec. 3, 2004], to the Individuals with Disabilities
Education Act [this chapter] and part E of the Edu-
cation Sciences Reform Act of 2002 [20 U.S.C. 9567 et
seq.], as amended by this Act.
‘‘(2) LIMITATION.—The Secretary’s authority in
paragraph (1) shall terminate 1 year after the date of
enactment of this Act.
‘‘(b)
MULTI-YEAR
AWARDS.—Notwithstanding
any
other provision of law, the Secretary may use funds ap-
propriated under part D of the Individuals with Disabil-
ities Education Act [subchapter IV of this chapter] to
make continuation awards for projects that were fund-
ed under section 618 [20 U.S.C. 1418], and part D, of the
Individuals with Disabilities Education Act (as such
section and part were in effect on September 30, 2004),
in accordance with the terms of the original awards.
‘‘(c) RESEARCH.—Notwithstanding section 302(b) [set
out as a note above] or any other provision of law, the
Secretary may award funds that are appropriated under
the Department of Education Appropriations Act, 2005
[Pub. L. 108–447, div. F, title III, 118 Stat. 3142, see Ta-
bles for classification] for special education research
under either of the headings ‘SPECIAL EDUCA
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Page 931
TITLE 20—EDUCATION
§ 1401
‘‘(2) compel States to change terminology in State
laws for individuals covered by a provision amended
by this Act.’’
TRANSITION
Pub. L. 108–446, title III, § 303, Dec. 3, 2004, 118 Stat.
2803, provided that:
‘‘(a) ORDERLY TRANSITION.—
‘‘(1) IN GENERAL.—The Secretary of Education (in
this section referred to as ‘the Secretary’) shall take
such steps as are necessary to provide for the orderly
transition from the Individuals with Disabilities Edu-
cation Act [this chapter], as such Act was in effect on
the day preceding the date of enactment of this Act
[Dec. 3, 2004], to the Individuals with Disabilities
Education Act [this chapter] and part E of the Edu-
cation Sciences Reform Act of 2002 [20 U.S.C. 9567 et
seq.], as amended by this Act.
‘‘(2) LIMITATION.—The Secretary’s authority in
paragraph (1) shall terminate 1 year after the date of
enactment of this Act.
‘‘(b)
MULTI-YEAR
AWARDS.—Notwithstanding
any
other provision of law, the Secretary may use funds ap-
propriated under part D of the Individuals with Disabil-
ities Education Act [subchapter IV of this chapter] to
make continuation awards for projects that were fund-
ed under section 618 [20 U.S.C. 1418], and part D, of the
Individuals with Disabilities Education Act (as such
section and part were in effect on September 30, 2004),
in accordance with the terms of the original awards.
‘‘(c) RESEARCH.—Notwithstanding section 302(b) [set
out as a note above] or any other provision of law, the
Secretary may award funds that are appropriated under
the Department of Education Appropriations Act, 2005
[Pub. L. 108–447, div. F, title III, 118 Stat. 3142, see Ta-
bles for classification] for special education research
under either of the headings ‘SPECIAL EDUCATION’ or
‘INSTITUTE OF EDUCATION SCIENCES’ in accordance with
sections 672 and 674 of the Individuals with Disabilities
Education Act [20 U.S.C. 1472, 1474], as such sections
were in effect on October 1, 2004.’’
REFERENCES TO EDUCATION OF THE HANDICAPPED ACT
Pub. L. 101–476, title IX, § 901(a)(3), Oct. 30, 1990, 104
Stat. 1142, provided that: ‘‘Any other Act and any regu-
lation which refers to the Education of the Handi-
capped Act shall be considered to refer to the Individ-
uals with Disabilities Education Act.’’
DEFINITIONS
Pub. L. 111–256, § 2(k), Oct. 5, 2010, 124 Stat. 2644, pro-
vided that: ‘‘For purposes of each provision amended by
this section [amending this section, sections 1140, 1401,
and 7512 of this title, sections 705, 764, and 791 of Title
29, Labor, and sections 217a–1, 247b–4, 285g, 285g–2, 291k,
294c, and 300d–52 of Title 42, The Public Health and Wel-
fare, and amending provisions set out as notes under
sections 280f, 285g, 300b–1, and 2000ff of Title 42]—
‘‘(1) a reference to ‘an intellectual disability’ shall
mean a condition previously referred to as ‘mental
retardation’, or a variation of this term, and shall
have the same meaning with respect to programs, or
qualifications for programs, for individuals with such
a condition; and
‘‘(2) a reference to individuals with intellectual dis-
abilities shall mean individuals who were previously
referred to as individuals who are ‘individuals with
mental retardation’ or ‘the mentally retarded’, or
variations of those terms.’’
§ 1401. Definitions
Except as otherwise provided, in this chapter:
(1) Assistive technology device
(A) In general
The term ‘‘assistive technology device’’
means any item, piece of equipment, or
product system, whether acquired commer-
cially off the shelf, modified, or customized,
that is used to increase, maintain, or im-
prove functional capabilities of a child with
a disability.
(B) Exception
The term does not include a medical de-
vice that is surgically implanted, or the re-
placement of such device.
(2) Assistive technology service
The term ‘‘assistive technology service’’
means any service that directly assists a child
with a disability in the selection, acquisition,
or use of an assistive technology device. Such
term includes—
(A) the evaluation of the needs of such
child, including a functional evaluation of
the child in the child’s customary environ-
ment;
(B) purchasing, leasing, or otherwise pro-
viding for the acquisition of assistive tech-
nology devices by such child;
(C) selecting, designing, fitting, custom-
izing, adapting, applying, maintaining, re-
pairing, or replacing assistive technology de-
vices;
(D) coordinating and using other therapies,
interventions, or services with assistive
technology devices, such as those associated
with existing education and rehabilitation
plans and programs;
(E) training or technical assistance for
such child, or, where appropriate, the family
of such child; and
(F) training or technical assistance for
professionals
(including
individuals
pro-
viding education and rehabilitation serv-
ices), employers, or other individuals who
provide services to, employ, or are otherwise
substantially involved in the major life func-
tions of such child.
(3) Child with a disability
(A) In general
The term ‘‘child with a disability’’ means
a child—
(i) with intellectual disabilities, hearing
impairments (including deafness), speech
or language impairments, visual impair-
ments (including blindness), serious emo-
tional disturbance (referred to in this
chapter as ‘‘emotional disturbance’’), or-
thopedic impairments, autism, traumatic
brain injury, other health impairments, or
specific learning disabilities; and
(ii) who, by reason thereof, needs special
education and related services.
(B) Child aged 3 through 9
The term ‘‘child with a disability’’ for a
child aged 3 through 9 (or any subset of that
age range, including ages 3 through 5), may,
at the discretion of the State and the local
educational agency, include a child—
(i) experiencing developmental delays, as
defined by the State and as measured by
appropriate diagnostic instruments and
procedures, in 1 or more of the following
areas: physical development; cognitive de-
velopment; communication development;
social or emotional development; or adapt-
ive development; and
Page 932
TITLE 20—EDUCATION
§ 1401
(ii) who, by reason thereof, needs special
education and related services.
(4)
Repealed.
Pub.
L.
114–95,
title
IX,
§ 9215(ss)(1)(A), Dec. 10, 2015, 129 Stat. 2181
(5) Educational service agency
The term ‘‘educational service agency’’—
(A) means a regional public multiservice
agency—
(i) authorized by State law to develop,
manage, and provide services or programs
to local educational agencies; and
(ii) recognized as an administrative
agency for purposes of the provision of spe-
cial education and related services pro-
vided within public elementary schools
and secondary schools of the State; and
(B) includes any other public institution
or agency having administrative control and
direction over a public elementary school or
secondary school.
(6) Elementary school
The term ‘‘elementary school’’ means a non-
profit institutional day or residential school,
including a public elementary charter school,
that provides elementary education, as deter-
mined under State law.
(7) Equipment
The term ‘‘equipment’’ includes—
(A)
machinery,
utilities,
and
built-in
equipment, and any necessary enclosures or
structures to house such machinery, utili-
ties, or equipment; and
(B) all other items necessary for the func-
tioning of a particular facility as a facility
for the provision of educational services, in-
cluding items such as instructional equip-
ment and necessary furniture; printed, pub-
lished, and audio-visual instructional mate-
rials;
telecommunications,
sensory,
and
other technological aids and devices; and
books, periodicals, documents, and other re-
lated materials.
(8) Excess costs
The term ‘‘excess costs’’ means those costs
that are in excess of the average annual per-
student expenditure in a local educational
agency during the preceding school year for an
elementary school or secondary school stu-
dent, as may be appropriate, and which shall
be computed after deducting—
(A) amounts received—
(i) under subchapter II;
(ii) under part A of title I of the Elemen-
tary and Secondary Education Act of 1965
[20 U.S.C. 6311 et seq.]; and
(iii) under part A of title III of that Act
[20 U.S.C. 6811 et seq.]; and
(B) any State or local funds expended for
programs that would qualify for assistance
under any of those parts.
(9) Free appropriate public education
The term ‘‘free appropriate public edu-
cation’’ means special education and related
services that—
(A) have been provided at public expense,
under public supervision and direction, and
without charge;
(B) meet the standards of the State edu-
cational agency;
(C) include an appropriate preschool, ele-
mentary school, or secondary school edu-
cation in the State involved; and
(D) are provided in conformity with the in-
dividualized education program required
under section 1414(d) of this title.
(10)
Repealed.
Pub.
L.
114–95,
title
IX,
§ 9214(d)(1), Dec. 10, 2015, 129 Stat. 2164
(11) Homeless children
The term ‘‘homeless children’’ has the mean-
ing given the term ‘‘homeless children and
youths’’ in section 11434a of title 42.
(12) Indian
The term ‘‘Indian’’ means an individual who
is a member of an Indian tribe.
(13) Indian tribe
The term ‘‘Indian tribe’’ means any Federal
or State Indian tribe, band, rancheria, pueblo,
colony, or community, including any Alaska
Native village or regional village corporation
(as defined in or established under the Alaska
Native Claims Settlement Act (43 U.S.C. 1601
et seq.)).
(14) Individualized education program; IEP
The term ‘‘individualized education pro-
gram’’ or ‘‘IEP’’ means a written statement
for each child with a disability that is devel-
oped, reviewed, and revised in accordance with
section 1414(d) of this title.
(15) Individualized family service plan
The term ‘‘individualized family service
plan’’ has the meaning given the term in sec-
tion 1436 of this title.
(16) Infant or toddler with a disability
The term ‘‘infant or toddler with a dis-
ability’’ has the meaning given the term in
section 1432 of this title.
(17) Institution of higher education
The
term
‘‘institution
of
higher
edu-
cation’’—
(A) has the meaning given the term in sec-
tion 1001 of this title; and
(B) also includes any college or university
receiving funding from the Secretary of the
Interior under the Tribally Controlled Col-
leges and Universities Assistance Act of 1978
[25 U.S.C. 1801 et seq.].
(18) Limited English proficient
The term ‘‘limited English proficient’’ has
the meaning given the term ‘‘English learner’’
in section 8101 of the Elementary and Sec-
ondary Education Act of 1965 [20 U.S.C. 7801].
(19) Local educational agency
(A) In general
The term ‘‘local educational agency’’
means a public board of education or other
public authority legally constituted within a
State for either administrative control or di-
rection of, or to perform a service function
for, public elementary schools or secondary
schools in a city, county, township, school
district, or other political subdivision of a
Page 933
TITLE 20—EDUCATION
§ 1401
State, or for such combination of school dis-
tricts or counties as are recognized in a
State as an administrative agency for its
public elementary schools or secondary
schools.
(B) Educational service agencies and other
public institutions or agencies
The term includes—
(i) an educational service agency; and
(ii) any other public institution or agen-
cy having administrative control and di-
rection of a public elementary school or
secondary school.
(C) BIA funded schools
The term includes an elementary school or
secondary school funded by the Bureau of In-
dian Affairs, but only to the extent that
such inclusion makes the school eligible for
programs for which specific eligibility is not
provided to the school in another provision
of law and the school does not have a stu-
dent population that is smaller than the stu-
dent population of the local educational
agency receiving assistance under this chap-
ter with the smallest student population, ex-
cept that the school shall not be subject to
the jurisdiction of any State educational
agency other than the Bureau of Indian Af-
fairs.
(20) Native language
The term ‘‘native language’’, when used with
respect to an individual who is limited English
proficient, means the language normally used
by the individual or, in the case of a child, the
language normally used by the parents of the
child.
(21) Nonprofit
The term ‘‘nonprofit’’, as applied to a school,
agency, organization, or institution, means a
school, agency, organization, or institution
owned and operated by 1 or more nonprofit
corporations or associations no part of the net
earnings of which inures, or may lawfully
inure, to the benefit of any private share-
holder or individual.
(22) Outlying area
The term ‘‘outlying area’’ means the United
States
Virgin
Islands,
Guam,
American
Samoa, and the Commonwealth of the North-
ern Mariana Islands.
(23) Parent
The term ‘‘parent’’ means—
(A) a natural, adoptive, or foster parent of
a child (unless a foster parent is prohibited
by State law from serving as a parent);
(B) a guardian (but not the State if the
child is a ward of the State);
(C) an individual acting in the place of a
natural or adoptive parent (including a
grandparent, stepparent, or other relative)
with whom the child lives, or an individual
who is legally responsible for the child’s wel-
fare; or
(D) except as used in sections 1415(b)(2) and
1439(a)(5) of this title, an individual assigned
under either of those sections to be a surro-
gate parent.
(24) Parent organization
The term ‘‘parent organization’’ has the
meaning given the term in section 1471(g) of
this title.
(25) Parent training and information center
The term ‘‘parent training and information
center’’ means a center assisted under section
1471 or 1472 of this title.
(26) Related services
(A) In general
The term ‘‘related services’’ means trans-
portation, and such developmental, correc-
tive, and other supportive services (includ-
ing speech-language pathology and audi-
ology services, interpreting services, psycho-
logical services, physical and occupational
therapy, recreation, including therapeutic
recreation, social work services, school
nurse services designed to enable a child
with a disability to receive a free appro-
priate public education as described in the
individualized education program of the
child, counseling services, including reha-
bilitation counseling, orientation and mobil-
ity services, and medical services, except
that such medical services shall be for diag-
nostic and evaluation purposes only) as may
be required to assist a child with a disability
to benefit from special education, and in-
cludes the early identification and assess-
ment of disabling conditions in children.
(B) Exception
The term does not include a medical de-
vice that is surgically implanted, or the re-
placement of such device.
(27) Secondary school
The term ‘‘secondary school’’ means a non-
profit institutional day or residential school,
including a public secondary charter school,
that provides secondary education, as deter-
mined under State law, except that it does not
include any education beyond grade 12.
(28) Secretary
The term ‘‘Secretary’’ means the Secretary
of Education.
(29) Special education
The term ‘‘special education’’ means spe-
cially designed instruction, at no cost to par-
ents, to meet the unique needs of a child with
a disability, including—
(A) instruction conducted in the class-
room, in the home, in hospitals and institu-
tions, and in other settings; and
(B) instruction in physical education.
(30) Specific learning disability
(A) In general
The term ‘‘specific learning disability’’
means a disorder in 1 or more of the basic
psychological processes involved in under-
standing or in using language, spoken or
written, which disorder may manifest itself
in the imperfect ability to listen, think,
speak, read, write, spell, or do mathematical
calculations.
(B) Disorders included
Such term includes such conditions as per-
ceptual disabilities, brain injury, minimal
Page 934
TITLE 20—EDUCATION
§ 1401
brain dysfunction, dyslexia, and develop-
mental aphasia.
(C) Disorders not included
Such term does not include a learning
problem that is primarily the result of vis-
ual, hearing, or motor disabilities, of intel-
lectual disabilities, of emotional disturb-
ance, or of environmental, cultural, or eco-
nomic disadvantage.
(31) State
The term ‘‘State’’ means each of the 50
States, the District of Columbia, the Common-
wealth of Puerto Rico, and each of the out-
lying areas.
(32) State educational agency
The term ‘‘State educational agency’’ means
the State board of education or other agency
or officer primarily responsible for the State
supervision of public elementary schools and
secondary schools, or, if there is no such offi-
cer or agency, an officer or agency designated
by the Governor or by State law.
(33) Supplementary aids and services
The term ‘‘supplementary aids and services’’
means aids, services, and other supports that
are provided in regular education classes or
other education-related settings to enable
children with disabilities to be educated with
nondisabled children to the maximum extent
appropriate
in
accordance
with
section
1412(a)(5) of this title.
(34) Transition services
The term ‘‘transition services’’ means a co-
ordinated set of activities for a child with a
disability that—
(A) is designed to be within a results-ori-
ented process, that is focused on improving
the academic and functional achievement of
the child with a disability to facilitate the
child’s movement from school to post-school
activities, including post-secondary edu-
cation, vocational education, integrated em-
ployment
(including
supported
employ-
ment), continuing and adult education,
adult services, independent living, or com-
munity participation;
(B) is based on the individual child’s needs,
taking into account the child’s strengths,
preferences, and interests; and
(C) includes instruction, related services,
community experiences, the development of
employment and other post-school adult liv-
ing objectives, and, when appropriate, acqui-
sition of daily living skills and functional
vocational evaluation.
(35) Universal design
The term ‘‘universal design’’ has the mean-
ing given the term in section 3002 of title 29.
(36) Ward of the State
(A) In general
The term ‘‘ward of the State’’ means a
child who, as determined by the State where
the child resides, is a foster child, is a ward
of the State, or is in the custody of a public
child welfare agency.
(B) Exception
The term does not include a foster child
who has a foster parent who meets the defi-
nition of a parent in paragraph (23).
(Pub. L. 91–230, title VI, § 602, as added Pub. L.
108–446, title I, § 101, Dec. 3, 2004, 118 Stat. 2652;
amended Pub. L. 110–315, title IX, § 941(k)(2)(C),
Aug. 14, 2008, 122 Stat. 3466; Pub. L. 111–256,
§ 2(b)(2), Oct. 5, 2010, 124 Stat. 2643; Pub. L. 114–95,
title IX, §§ 9214(d)(1), 9215(ss)(1), Dec. 10, 2015, 129
Stat. 2164, 2181.)
Editorial Notes
REFERENCES IN TEXT
The Elementary and Secondary Education Act of
1965, referred to in par. (8)(A)(ii), (iii), is Pub. L. 89–10,
Apr. 11, 1965, 79 Stat. 27. Part A of title I of the Act is
classified generally to part A (§ 6311 et seq.) of sub-
chapter I of chapter 70 of this title. Part A of title III
of the Act is classified generally to part A (§ 6811 et
seq.) of subchapter III of chapter 70 of this title. For
complete classification of this Act to the Code, see
Short Title note set out under section 6301 of this title
and Tables.
The Alaska Native Claims Settlement Act, referred
to in par. (13), is Pub. L. 92–203, Dec. 18, 1971, 85 Stat.
688, which is classified generally to chapter 33 (§ 1601 et
seq.) of Title 43, Public Lands. For complete classifica-
tion of this Act to the Code, see Short Title note set
out under section 1601 of Title 43 and Tables.
The Tribally Controlled Colleges and Universities As-
sistance Act of 1978, referred to in par. (17)(B), is Pub.
L. 95–471, Oct. 17, 1978, 92 Stat. 1325, which is classified
principally to chapter 20 (§ 1801 et seq.) of Title 25, Indi-
ans. For complete classification of this Act to the Code,
see Short Title note set out under section 1801 of Title
25 and Tables.
PRIOR PROVISIONS
A prior section 1401, Pub. L. 91–230, title VI, § 602, as
added Pub. L. 105–17, title I, § 101, June 4, 1997, 111 Stat.
42; amended Pub. L. 105–244, title IX, § 901(d), Oct. 7,
1998, 112 Stat. 1828, related to definitions of terms used
in this chapter, prior to the general amendment of sub-
chapters I to IV of this chapter by Pub. L. 108–446.
Another prior section 1401, Pub. L. 91–230, title VI,
§ 602, Apr. 13, 1970, 84 Stat. 175; Pub. L. 94–142, § 4(a),
Nov. 29, 1975, 89 Stat. 775; Pub. L. 98–199, §§ 2, 3(b), Dec.
2, 1983, 97 Stat. 1357, 1358; Pub. L. 99–457, title IV, § 402,
Oct. 8, 1986, 100 Stat. 1172; Pub. L. 100–630, title I,
§ 101(a), Nov. 7, 1988, 102 Stat. 3289; Pub. L. 101–476, title
I, § 101, title IX, § 901(b)(10)–(20), Oct. 30, 1990, 104 Stat.
1103, 1142, 1143; Pub. L. 102–73, title VIII, § 802(d)(1), July
25, 1991, 105 Stat. 361; Pub. L. 102–119, §§ 3, 25(a)(1), (b),
Oct. 7, 1991, 105 Stat. 587, 605, 607; Pub. L. 103–382, title
III, § 391(f)(1), Oct. 20, 1994, 108 Stat. 4023, related to defi-
nitions of terms used in this chapter, prior to the gen-
eral amendment of subchapters I to IV of this chapter
by Pub. L. 105–17.
AMENDMENTS
2015—Par. (4). Pub. L. 114–95, § 9215(ss)(1)(A), struck
out par. (4). Text read as follows: ‘‘The term ‘core aca-
demic subjects’ has the meaning given the term in sec-
tion 9101 of the Elementary and Secondary Education
Act of 1965.’’
Par. (8)(A)(iii). Pub. L. 114–95, § 9215(ss)(1)(B), which
directed substitution of ‘‘under part A of title III of
that Act’’ for ‘‘under parts A and B of title III of that
Act’’ in ‘‘paragraph (8)(a)(3)’’, was executed to par.
(8)(A)(iii) to reflect the probable intent of Congress.
Par. (10). Pub. L. 114–95, § 9214(d)(1), struck out par.
(10) which related to definition of highly qualified.
Par. (18). Pub. L. 114–95, § 9215(ss)(1)(C), added par. (18)
and struck out former par. (18). Prior to amendment,
text read as follows: ‘‘The term ‘limited English pro-
Page 935
TITLE 20—EDUCATION
§ 1404
ficient’ has the meaning given the term in section 9101
of the Elementary and Secondary Education Act of
1965.’’
2010—Par. (3)(A)(i). Pub. L. 111–256, § 2(b)(2)(A), sub-
stituted ‘‘with intellectual disabilities’’ for ‘‘with men-
tal retardation’’.
Par. (30)(C). Pub. L. 111–256, § 2(b)(2)(B), substituted
‘‘of intellectual disabilities’’ for ‘‘of mental retarda-
tion’’.
2008—Par. (17)(B). Pub. L. 110–315 substituted ‘‘college
or university’’ for ‘‘community college’’ and ‘‘the Trib-
ally Controlled Colleges and Universities Assistance
Act of 1978’’ for ‘‘the Tribally Controlled College or
University Assistance Act of 1978’’.
Statutory Notes and Related Subsidiaries
EFFECTIVE DATE OF 2015 AMENDMENT
Amendment by Pub. L. 114–95 effective Dec. 10, 2015,
except with respect to certain noncompetitive pro-
grams and competitive programs, see section 5 of Pub.
L. 114–95, set out as a note under section 6301 of this
title.
EFFECTIVE DATE
Section effective July 1, 2005, see section 302(a) of
Pub. L. 108–446, set out as a note under section 1400 of
this title.
DEFINITIONS
For meaning of references to an intellectual dis-
ability and to individuals with intellectual disabilities
in provisions amended by section 2 of Pub. L. 111–256,
see section 2(k) of Pub. L. 111–256, set out as a note
under section 1400 of this title.
§ 1402. Office of Special Education Programs
(a) Establishment
There shall be, within the Office of Special
Education and Rehabilitative Services in the
Department of Education, an Office of Special
Education Programs, which shall be the prin-
cipal agency in the Department for admin-
istering and carrying out this chapter and other
programs and activities concerning the edu-
cation of children with disabilities.
(b) Director
The Office established under subsection (a)
shall be headed by a Director who shall be se-
lected by the Secretary and shall report directly
to the Assistant Secretary for Special Education
and Rehabilitative Services.
(c) Voluntary and uncompensated services
Notwithstanding section 1342 of title 31, the
Secretary is authorized to accept voluntary and
uncompensated services in furtherance of the
purposes of this chapter.
(Pub. L. 91–230, title VI, § 603, as added Pub. L.
108–446, title I, § 101, Dec. 3, 2004, 118 Stat. 2659.)
Editorial Notes
PRIOR PROVISIONS
A prior section 1402, Pub. L. 91–230, title VI, § 603, as
added Pub. L. 105–17, title I, § 101, June 4, 1997, 111 Stat.
46, related to the Office of Special Education Programs,
prior to the general amendment of subchapters I to IV
of this chapter by Pub. L. 108–446.
Another prior section 1402, Pub. L. 91–230, title VI,
§ 603, Apr. 13, 1970, 84 Stat. 177; Pub. L. 93–380, title VI,
§ 612(a), Aug. 21, 1974, 88 Stat. 579; Pub. L. 98–199, § 3(a),
Dec. 2, 1983, 97 Stat. 1357; Pub. L. 101–476, title IX,
§ 901(b)(21), Oct. 30, 1990, 104 Stat. 1143; Pub. L. 102–119,
§ 25(b), Oct. 7, 1991, 105 Stat. 607, related to the Office of
Special Education Programs, prior to the general
amendment of subchapters I to IV of this chapter by
Pub. L. 105–17.
§ 1403. Abrogation of State sovereign immunity
(a) In general
A State shall not be immune under the 11th
amendment to the Constitution of the United
States from suit in Federal court for a violation
of this chapter.
(b) Remedies
In a suit against a State for a violation of this
chapter, remedies (including remedies both at
law and in equity) are available for such a viola-
tion to the same extent as those remedies are
available for such a violation in the suit against
any public entity other than a State.
(c) Effective date
Subsections (a) and (b) apply with respect to
violations that occur in whole or part after Oc-
tober 30, 1990.
(Pub. L. 91–230, title VI, § 604, as added Pub. L.
108–446, title I, § 101, Dec. 3, 2004, 118 Stat. 2659.)
Editorial Notes
PRIOR PROVISIONS
A prior section 1403, Pub. L. 91–230, title VI, § 604, as
added Pub. L. 105–17, title I, § 101, June 4, 1997, 111 Stat.
47, related to abrogation of State sovereign immunity,
prior to the general amendment of subchapters I to IV
of this chapter by Pub. L. 108–446.
Another prior section 1403, Pub. L. 91–230, title VI,
§ 604, as added Pub. L. 101–476, title I, § 103, Oct. 30, 1990,
104 Stat. 1106, related to abrogation of State sovereign
immunity, prior to the general amendment of sub-
chapters I to IV of this chapter by Pub. L. 105–17.
Another prior section 1403, Pub. L. 91–230, title VI,
§ 604, Apr. 13, 1970, 84 Stat. 177; Pub. L. 93–380, title VI,
§ 613, Aug. 21, 1974, 88 Stat. 580; Pub. L. 94–273, §§ 3(14),
13(2), Apr. 21, 1976, 90 Stat. 376, 378; Pub. L. 98–199, § 4,
Dec. 2, 1983, 97 Stat. 1358, established the National Advi-
sory Committee on the Education of Handicapped Chil-
dren and Youth, prior to repeal by Pub. L. 99–457, title
IV, § 407, Oct. 8, 1986, 100 Stat. 1177.
§ 1404. Acquisition of equipment; construction or
alteration of facilities
(a) In general
If the Secretary determines that a program
authorized under this chapter will be improved
by permitting program funds to be used to ac-
quire appropriate equipment, or to construct
new facilities or alter existing facilities, the
Secretary is authorized to allow the use of those
funds for those purposes.
(b) Compliance with certain regulations
Any construction of new facilities or alter-
ation of existing facilities under subsection (a)
shall comply with the requirements of—
(1) appendix A of part 36 of title 28, Code of
Federal Regulations (commonly known as the
‘‘Americans with Disabilities Accessibility
Guidelines for Buildings and Facilities’’); or
(2) appendix A of subpart 101–19.6 of title 41,
Code
of
Federal
Regulations
(commonly
known as the ‘‘Uniform Federal Accessibility
Standards’’).
(Pub. L. 91–230, title VI, § 605, as added Pub. L.
108–446, title I, § 101, Dec. 3, 2004, 118 Stat. 2659.)
Cross-references
Connections may be documented source relationships, shared citations or nearby passages. Each explains its basis; a connection alone does not establish applicability to your situation.
Federal law — U.S. Code and appendices · legal_authorities
Except as otherwise provided, in this chapter:
(1) **Assistive technology device**
(A) *In general* — The term “assistive technology device” means any item, piece of equipment, or product system, whether acquired commercially off the shelf, modified, or customized, that is used to increase, maintain, or improve functional capabilities of a child with a disability.
(B) *Exception* — The term does not include a medical device that is surgically implanted, or the replacement of such device.
(2) **Assistive technology service** — The term “assistive technology service” means any service that directly assists a child with a disability in the selection, acquisition, or use of an assistive technology device. Such term includes—
(A) the evaluation of the needs of such child, including a functional evaluation of the child in the child’s customary environment;
(B) purchasing, leasing, or otherwise providing for the acquisition of assistive technology devices by such child;
(C) selecting, designing, fitting, customizing, adapting, applying, maintaining, repairing, or replacing assistive technology devices;
(D) coordinating and using other therapies, interventions, or services with assistive technology devices, such as those associated with existing education and rehabilitation plans and programs;
(E) training or technical assistance for such child, or, where appropriate, the family of such child; and
(F) training or technical assistance for professionals (including individuals providing education and rehabilitation services), employers, or other individuals who provide services to, employ, or are otherwise substantially involved in the major life functions of such child.
(3) **Child with a disability**
(A) *In general* — The term “child with a disabil
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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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Federal law — U.S. Code and appendices · legal_authorities
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. § 1418
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Program authorized**
(1) **In general** — The Secretary may award grants to, and enter into contracts and cooperative agreements with, parent organizations to support parent training and information centers to carry out activities under this section.
(2) **Definition of parent organization** — In this section, the term “parent organization” means a private nonprofit organization (other than an institution of higher education) that—
(A) has a board of directors—
(i) the majority of whom are parents of children with disabilities ages birth through 26;
(ii) that includes—
(I) individuals working in the fields of special education, related services, and early intervention; and
(II) individuals with disabilities; and
(iii) the parent and professional members of which are broadly representative of the population to be served, including low-income parents and parents of limited English proficient children; and
(B) has as its mission serving families of children with disabilities who—
(i) are ages birth through 26; and
(ii) have the full range of disabilities 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) Required activities** Each parent training and information center that receives assistance under this section shall—
(1) provide training and information that meets the needs of parents of children with disabilities living in the area served by the center, particularly underserved parents and parents of children who may be inappropriately identified, to enable their children with disabilities to—
(A) meet developmental and functional goals, and challenging academic achievement goals that have been established fo
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Federal law — U.S. Code and appendices · legal_authorities
Page 1016
TITLE 20—EDUCATION
§ 1472
(G) participate in school reform activities;
(5) in States where the State elects to con-
tract with the parent training and information
center, contract with State educational agen-
cies to provide, consistent with subparagraphs
(B) and (D) of section 1415(e)(2) of this title, in-
dividuals who meet with parents to explain
the mediation process to the parents;
(6) assist parents in resolving disputes in the
most expeditious and effective way possible,
including encouraging the use, and explaining
the benefits, of alternative methods of dispute
resolution, such as the mediation process de-
scribed in section 1415(e) of this title;
(7) assist parents and students with disabil-
ities to understand their rights and respon-
sibilities under this chapter, including those
under section 1415(m) of this title upon the
student’s reaching the age of majority (as ap-
propriate under State law);
(8) assist parents to understand the avail-
ability of, and how to effectively use, proce-
dural safeguards under this chapter, including
the resolution session described in section
1415(e) of this title;
(9) assist parents in understanding, pre-
paring for, and participating in, the process
described in section 1415(f)(1)(B) of this title;
(10) establish cooperative partnerships with
community parent resource centers funded
under section 1472 of this title;
(11) network with appropriate clearing-
houses, including organizations conducting
national dissemination activities under sec-
tion 1463 of this title and the Institute of Edu-
cation Sciences, and with other national,
State, and local organizations and agencies,
such as protection and advocacy agencies,
that serve parents and families of children
with the full range of disab
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Federal law — U.S. Code and appendices · legal_authorities
The purpose of this subchapter is to provide all children significant opportunity to receive a fair, equitable, and high-quality education, and to close educational achievement gaps.
Source: Supplied U.S. Code snapshot — release unconfirmed · 20 U.S.C. § 6311
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Federal law — U.S. Code and appendices · legal_authorities
Page 1329
TITLE 20—EDUCATION
§ 6311
1 So in original. Probably should be ‘‘(29 U.S.C. 701 et seq.),’’.
tion, ensure sufficient availability of seats in
the public schools the local educational agen-
cy will make available for public school choice
options;
(4) prioritize services to students who are
lowest-achieving;
(5) select providers of direct student serv-
ices, which may include one or more of—
(A) the local educational agency or other
local educational agencies;
(B) community colleges or other institu-
tions of higher education;
(C) non-public entities;
(D) community-based organizations; or
(E) in the case of high-quality academic
tutoring, a variety of providers of such tu-
toring that are selected and approved by the
State and appear on the State’s list of such
providers required under subsection (e)(2);
(6) monitor the provision of direct student
services; and
(7) publicly report the results of direct stu-
dent service providers in improving relevant
student outcomes in a manner that is acces-
sible to parents.
(e) Providers and schools
A State educational agency that reserves an
amount under subsection (a) shall—
(1) ensure that each local educational agen-
cy that receives an award under this section
and intends to provide public school choice
under subsection (c)(3)(E) can provide a suffi-
cient number of options to provide a meaning-
ful choice for parents;
(2) compile and maintain an updated list of
State-approved high-quality academic tutor-
ing providers that—
(A) is developed using a fair negotiation
and rigorous selection and approval process;
(B) provides parents with meaningful
choices;
(C) offers a range of tutoring models, in-
cluding online and on campus; and
(D) includes only providers that—
(i) have a demonstrated re
Source: Supplied 2024 U.S. Code historical extraction · 20 U.S.C. § 6311
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Federal law — U.S. Code and appendices · legal_authorities
In carrying out this part, the Secretary shall neither mandate nor preclude the use of a particular curricular or pedagogical approach to educating English learners.
Source: Supplied U.S. Code snapshot — release unconfirmed · 20 U.S.C. § 6811
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Federal law — U.S. Code and appendices · legal_authorities
Page 1447
TITLE 20—EDUCATION
§ 6811
Stat. 1670, which related to allocation of responsibility
for noneconomic loss, was renumbered section 8557 of
title VIII of Pub. L. 89–10 by Pub. L. 114–95, title II,
§ 2001(a)(3)(A), (B), (D), title VIII, § 8001(a)(7), Dec. 10,
2015, 129 Stat. 1913, 2088, 2089, and transferred to section
7947 of this title.
A prior section 6738, Pub. L. 89–10, title II, § 2368, as
added Pub. L. 107–110, title II, § 201, Jan. 8, 2002, 115
Stat. 1670, which set out effective date, was renumbered
section 8558 of title VIII of Pub. L. 89–10 by Pub. L.
114–95, title II, § 2001(a)(3)(A), (B), (D), title VIII,
§ 8001(a)(7), Dec. 10, 2015, 129 Stat. 1913, 2088, 2089, and
transferred to section 7948 of this title.
Prior sections 6751 to 6754, 6761 to 6766, 6771, 6672, and
6775 were repealed by Pub. L. 114–95, § 5, title II, § 2002,
Dec. 10, 2015, 129 Stat. 1806, 1913, effective Dec. 10, 2015,
except with respect to certain noncompetitive pro-
grams and competitive programs.
Section 6751, Pub. L. 89–10, title II, § 2401, as added
Pub. L. 107–110, title II, § 201, Jan. 8, 2002, 115 Stat. 1671,
provided that part D of former subchapter II of this
chapter could be cited as the ‘‘Enhancing Education
Through Technology Act of 2001’’.
A prior section 2401 of Pub. L. 89–10 was classified to
section 6701 of this title, prior to the general amend-
ment of this subchapter by Pub. L. 107–110.
Section 6752, Pub. L. 89–10, title II, § 2402, as added
Pub. L. 107–110, title II, § 201, Jan. 8, 2002, 115 Stat. 1671,
set forth purposes and goals of part D of former sub-
chapter II of this chapter.
A prior section 2402 of Pub. L. 89–10 was classified to
section 6702 of this title, prior to the general amend-
ment of this subchapter by Pub. L. 107–110
Source: Supplied 2024 U.S. Code historical extraction · 20 U.S.C. § 6811
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Federal law — U.S. Code and appendices · legal_authorities
Except as otherwise provided, in this chapter:
(1) **Average daily attendance**
(A) *In general* — Except as provided otherwise by State law or this paragraph, the term “average daily attendance” means—
(i) the aggregate number of days of attendance of all students during a school year; divided by
(ii) the number of days school is in session during that year.
(B) *Conversion* — The Secretary shall permit the conversion of average daily membership (or other similar data) to average daily attendance for local educational agencies in States that provide State aid to local educational agencies on the basis of average daily membership (or other similar data).
(C) *Special rule* — If the local educational agency in which a child resides makes a tuition or other payment for the free public education of the child in a school located in another school district, the Secretary shall, for the purpose of this chapter—
(i) consider the child to be in attendance at a school of the agency making the payment; and
(ii) not consider the child to be in attendance at a school of the agency receiving the payment.
(D) *Children with disabilities* — If a local educational agency makes a tuition payment to a private school or to a public school of another local educational agency for a child with a disability, as defined in [section 1401 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section1401&num=0&edition=prelim), the Secretary shall, for the purpose of this chapter, consider the child to be in attendance at a school of the agency making the payment.
(2) **Average per-pupil expenditure** — The term “average per-pupil expenditure” means, in the case of a State or of the United States—
(A) without regard to the source o
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