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 statewide, comprehensive, coordinated, multi- disciplinary, interagency system to provide early intervention services for infants and tod- dlers with disabilities and their families. (Pub. L. 91–230, title VI, § 633, as added Pub. L. 108–446, title I, § 101, Dec. 3, 2004, 118 Stat. 2746.) Editorial Notes PRIOR PROVISIONS A prior section 1433, Pub. L. 91–230, title VI, § 633, as added Pub. L. 105–17, title I, § 101, June 4, 1997, 111 Stat. 108, related to the general authority of the Secretary, prior to the general amendment of subchapters I to IV of this chapter by Pub. L. 108–446. Another prior section 1433, Pub. L. 91–230, title VI, § 633, 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, § 310, Oct. 8, 1986, 100 Stat. 1168; Pub. L. 100–630, title I, § 104(e), Nov. 7, 1988, 102 Stat. 3299; Pub. L. 101–476, title IV, § 403, title IX, § 901(b)(144), Oct. 30, 1990, 104 Stat. 1133, 1149; Pub. L. 102–119, § 25(b), Oct. 7, 1991, 105 Stat. 607, related to establishment of national clearing- houses, prior to the general amendment of subchapters I to IV of this chapter by Pub. L. 105–17. § 1434. Eligibility In order to be eligible for a grant under sec- tion 1433 of this title, a State shall provide as- surances 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 in- fants and toddlers with disabilities and their families residing on a reservation geographi- cally 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. (Pub. L. 91–230, title VI, § 634, as added Pub. L. 108–446, title I, § 101, Dec. 3, 2004, 118 Stat. 2746.) Editorial Notes PRIOR PROVISIONS A prior section 1434, Pub. L. 91–230, title VI, § 634, as added Pub. L. 105–17, title I, § 101, June 4, 1997, 111 Stat. 108, related to grant eligibility, prior to the general amendment of subchapters I to IV of this chapter by Pub. L. 108–446. Another prior section 1434, Pub. L. 91–230, title VI, § 634, Apr. 13, 1970, 84 Stat. 185; Pub. L. 98–199, §§ 3(b), 11, Dec. 2, 1983, 97 Stat. 1358, 1372; Pub. L. 101–476, title IV, § 404, Oct. 30, 1990, 104 Stat. 1135; Pub. L. 102–119, § 9(c)(1), Oct. 7, 1991, 105 Stat. 595, related to reports to Sec- retary by recipients of grants and contracts, prior to the general amendment of subchapters I to IV of this chapter by Pub. L. 105–17. § 1435. Requirements for statewide system (a) In general A statewide system described in section 1433 of this title shall include, at a minimum, the fol- lowing components: (1) A rigorous definition of the term ‘‘devel- opmental delay’’ that will be used by the State in carrying out programs under this sub- chapter in order to appropriately identify in- fants 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 disabil- ities who are homeless children and their fam- ilies. (3) A timely, comprehensive, multidisci- plinary 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 develop- ment of the infant or toddler. (4) For each infant or toddler with a dis- ability in the State, an individualized family service plan in accordance with section 1436 of this title, including service coordination serv- ices in accordance with such service plan. (5) A comprehensive child find system, con- sistent with subchapter II, including a system for making referrals to service providers that includes timelines and provides for participa- tion by primary referral sources and that en-