20 U.S.C. § 1431 — Findings and policy

Page 986 TITLE 20—EDUCATION § 1431 by States to local educational agencies and inter- mediate educational units, was omitted in the general amendment of subchapters I to IV of this chapter by Pub. L. 105–17. Prior sections 1421 to 1427, which comprised former subchapter III of this chapter, were repealed by Pub. L. 105–17, title II, § 203(c), June 4, 1997, 111 Stat. 157, effec- tive Oct. 1, 1997. Section 1421, Pub. L. 91–230, title VI, § 621, Apr. 13, 1970, 84 Stat. 181; Pub. L. 98–199, §§ 3(b), 10, Dec. 2, 1983, 97 Stat. 1358, 1363; Pub. L. 99–457, title III, § 301, Oct. 8, 1986, 100 Stat. 1159; Pub. L. 100–630, title I, § 103(b), Nov. 7, 1988, 102 Stat. 3296; Pub. L. 101–476, title III, § 301, title IX, § 901(b)(95)–(99), Oct. 30, 1990, 104 Stat. 1117, 1146; Pub. L. 102–119, § 25(b), Oct. 7, 1991, 105 Stat. 607, related to establishment and operation of regional and Federal resource centers. Section 1422, Pub. L. 91–230, title VI, § 622, Apr. 13, 1970, 84 Stat. 182; Pub. L. 98–199, §§ 3(b), 10, Dec. 2, 1983, 97 Stat. 1358, 1364; Pub. L. 99–457, title III, § 302, Oct. 8, 1986, 100 Stat. 1160; Pub. L. 100–630, title I, § 103(c), Nov. 7, 1988, 102 Stat. 3297; Pub. L. 101–476, title III, § 302, Oct. 30, 1990, 104 Stat. 1118; Pub. L. 102–119, § 25(a)(8), Oct. 7, 1991, 105 Stat. 606; Pub. L. 103–382, title III, § 391(f)(3), Oct. 20, 1994, 108 Stat. 4023, related to services for deaf- blind children and youth. Section 1423, Pub. L. 91–230, title VI, § 623, Apr. 13, 1970, 84 Stat. 183; Pub. L. 98–199, §§ 3(b), 10, Dec. 2, 1983, 97 Stat. 1358, 1365; Pub. L. 99–457, title III, § 303, Oct. 8, 1986, 100 Stat. 1161; Pub. L. 100–630, title I, § 103(d), Nov. 7, 1988, 102 Stat. 3297; Pub. L. 101–476, title III, § 303, title IX, § 901(b)(100)–(106), Oct. 30, 1990, 104 Stat. 1121, 1146, 1147; Pub. L. 102–119, §§ 8, 25(a)(9), (b), Oct. 7, 1991, 105 Stat. 592, 606, 607, related to early education for chil- dren with disabilities. Section 1424, Pub. L. 91–230, title VI, § 624, Apr. 13, 1970, 84 Stat. 183; Pub. L. 98–199, §§ 3(b), 10, Dec. 2, 1983, 97 Stat. 1358, 1366; Pub. L. 99–457, title III, § 304, Oct. 8, 1986, 100 Stat. 1162; Pub. L. 100–630, title I, § 103(e), Nov. 7, 1988, 102 Stat. 3297; Pub. L. 101–476, title III, § 304, title IX, § 901(b)(107)–(110), Oct. 30, 1990, 104 Stat. 1122, 1147; Pub. L. 102–119, § 25(a)(10), (b), Oct. 7, 1991, 105 Stat. 606, 607, related to programs for children with severe dis- abilities. Section 1424a, Pub. L. 91–230, title VI, § 625, as added Pub. L. 93–380, title VI, § 616, Aug. 21, 1974, 88 Stat. 584; amended Pub. L. 98–199, §§ 3(b), 10, Dec. 2, 1983, 97 Stat. 1358, 1367; Pub. L. 99–457, title III, § 305, Oct. 8, 1986, 100 Stat. 1162; Pub. L. 100–630, title I, § 103(f), Nov. 7, 1988, 102 Stat. 3297; Pub. L. 101–476, title III, § 305, title IX, § 901(b)(111)–(118), Oct. 30, 1990, 104 Stat. 1123, 1147; Pub. L. 102–119, § 25(b), Oct. 7, 1991, 105 Stat. 607; Pub. L. 102–421, title II, § 201(a), Oct. 16, 1992, 106 Stat. 2164, re- lated to programs of postsecondary, vocational, tech- nical, continuing, or adult education for individuals with disabilities. Section 1425, Pub. L. 91–230, title VI, § 626, formerly § 625, Apr. 13, 1970, 84 Stat. 183, renumbered § 626, Pub. L. 93–380, title VI, § 616, Aug. 21, 1974, 88 Stat. 584; amended Pub. L. 98–199, §§ 3(b), 10, Dec. 2, 1983, 97 Stat. 1358, 1367; Pub. L. 99–457, title III, § 306, Oct. 8, 1986, 100 Stat. 1163; Pub. L. 100–630, title I, § 103(g), Nov. 7, 1988, 102 Stat. 3298; Pub. L. 101–476, title III, § 306, title IX, § 901(b)(119)–(127), Oct. 30, 1990, 104 Stat. 1124, 1147, 1148; Pub. L. 102–119, § 25(a)(11), (b), Oct. 7, 1991, 105 Stat. 606, 607, related to secondary education and transitional services for youth with disabilities. Section 1426, Pub. L. 91–230, title VI, § 627, formerly § 626, Apr. 13, 1970, 84 Stat. 184, renumbered § 627 and amended Pub. L. 93–380, title VI, §§ 616, 617, Aug. 21, 1974, 88 Stat. 584; Pub. L. 95–49, § 2, June 17, 1977, 91 Stat. 230; Pub. L. 98–199, § 10, Dec. 2, 1983, 97 Stat. 1368; Pub. L. 101–476, title III, § 307, Oct. 30, 1990, 104 Stat. 1127, re- lated to programs for children and youth with serious emotional disturbance. Section 1427, Pub. L. 91–230, title VI, § 628, as added Pub. L. 98–199, § 10, Dec. 2, 1983, 97 Stat. 1368; amended Pub. L. 99–457, title III, § 307, Oct. 8, 1986, 100 Stat. 1165; Pub. L. 101–476, title III, § 308, Oct. 30, 1990, 104 Stat. 1128, authorized appropriations. Statutory Notes and Related Subsidiaries PRESCHOOL GRANTS Pub. L. 100–630, title I, § 110, Nov. 7, 1988, 102 Stat. 3303, as amended by Pub. L. 101–476, title IX, § 901(a)(3), Oct. 30, 1990, 104 Stat. 1142, provided that: ‘‘The provi- sions of section 300.300(b)(3) of title 34, Code of Federal Regulations, shall not apply with respect to children aged 3 through 5, inclusive, in any State for any fiscal year for which the State receives a grant under section 619(a)(1) of the Individuals with Disabilities Education Act [20 U.S.C. 1419(a)(1)].’’ SUBCHAPTER III—INFANTS AND TODDLERS WITH DISABILITIES § 1431. Findings and policy (a) Findings Congress finds that there is an urgent and sub- stantial need— (1) to enhance the development of infants and toddlers with disabilities, to minimize their potential for developmental delay, and to recognize the significant brain development that occurs during a child’s first 3 years of life; (2) to reduce the educational costs to our so- ciety, including our Nation’s schools, by mini- mizing the need for special education and re- lated services after infants and toddlers with disabilities reach school age; (3) to maximize the potential for individuals with disabilities to live independently in soci- ety; (4) to enhance the capacity of families to meet the special needs of their infants and toddlers with disabilities; and (5) to enhance the capacity of State and local agencies and service providers to iden- tify, evaluate, and meet the needs of all chil- dren, particularly minority, low-income, inner city, and rural children, and infants and tod- dlers in foster care. (b) Policy It is the policy of the United States to provide financial assistance to States— (1) to develop and implement a statewide, comprehensive, coordinated, multidisci- plinary, interagency system that provides early intervention services for infants and tod- dlers with disabilities and their families; (2) to facilitate the coordination of payment for early intervention services from Federal, State, local, and private sources (including public and private insurance coverage); (3) to enhance State capacity to provide quality early intervention services and expand and improve existing early intervention serv- ices being provided to infants and toddlers with disabilities and their families; and (4) to encourage States to expand opportuni- ties for children under 3 years of age who would be at risk of having substantial develop- mental delay if they did not receive early intervention services. (Pub. L. 91–230, title VI, § 631, as added Pub. L. 108–446, title I, § 101, Dec. 3, 2004, 118 Stat. 2744.) Editorial Notes PRIOR PROVISIONS A prior section 1431, Pub. L. 91–230, title VI, § 631, as added Pub. L. 105–17, title I, § 101, June 4, 1997, 111 Stat. Page 987 TITLE 20—EDUCATION § 1432 106, set out findings and policy, prior to the general amendment of subchapters I to IV of this chapter by Pub. L. 108–446. Another prior section 1431, Pub. L. 91–230, title VI, § 631, Apr. 13, 1970, 84 Stat. 184; Pub. L. 98–199, §§ 3(b), 11, Dec. 2, 1983, 97 Stat. 1358, 1369; Pub. L. 99–457, title III, § 308, Oct. 8, 1986, 100 Stat. 1165; Pub. L. 100–630, title I, § 104(b), Nov. 7, 1988, 102 Stat. 3298; Pub. L. 101–476, title IV, § 401, title IX, § 901(b)(129)–(142), Oct. 30, 1990, 104 Stat. 1129, 1148; Pub. L. 102–119, §§ 9(a), (b), 25(a)(12), (b), Oct. 7, 1991, 105 Stat. 593, 594, 606, 607; Pub. L. 102–421, title II, § 202, Oct. 16, 1992, 106 Stat. 2165; Pub. L. 102–569, title IX, § 912(a), Oct. 29, 1992, 106 Stat. 4486; Pub. L. 103–73, title III, § 302, Aug. 11, 1993, 107 Stat. 736; Pub. L. 103–218, title IV, § 401, Mar. 9, 1994, 108 Stat. 95, related to grants for personnel training, prior to the general amendment of subchapters I to IV of this chapter by Pub. L. 105–17. Statutory Notes and Related Subsidiaries EFFECTIVE DATE Subchapter effective July 1, 2005, see section 302(a) of Pub. L. 108–446, set out as a note under section 1400 of this title. § 1432. Definitions 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 devel- opmental delay if early intervention services were not provided to the individual. (2) Council The term ‘‘council’’ means a State inter- agency coordinating council established under section 1441 of this title. (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. (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 develop- mental 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 audi- ology services, and sign language and cued language services; (iv) occupational therapy; (v) physical therapy; (vi) psychological services; (vii) service coordination services; (viii) medical services only for diag- nostic or evaluation purposes; (ix) early identification, screening, and assessment services; (x) health services necessary to enable the infant or toddler to benefit from the other early intervention services; (xi) social work services; (xii) vision services; (xiii) assistive technology devices and assistive technology services; and (xiv) transportation and related costs that are necessary to enable an infant or toddler and the infant’s or toddler’s family to receive another service described in this paragraph; (F) are provided by qualified personnel, in- cluding— (i) special educators; (ii) speech-language pathologists and au- diologists; (iii) occupational therapists; (iv) physical therapists; (v) psychologists; (vi) social workers; (vii) nurses; (viii) registered dietitians; (ix) family therapists; (x) vision specialists, including ophthal- mologists and optometrists; (xi) orientation and mobility specialists; and (xii) pediatricians and other physicians; (G) to the maximum extent appropriate, are provided in natural environments, in- cluding the home, and community settings in which children without disabilities par- ticipate; and (H) are provided in conformity with an in- dividualized family service plan adopted in accordance with section 1436 of this title. (5) Infant or toddler with a disability The term ‘‘infant or toddler with a dis- ability’’— (A) means an individual under 3 years of age who needs early intervention services because the individual— (i) is experiencing developmental delays, as measured by appropriate diagnostic in- struments and procedures in 1 or more of the areas of cognitive development, phys- ical development, communication develop- ment, social or emotional development, and adaptive development; or (ii) has a diagnosed physical or mental condition that has a high probability of re- sulting in developmental delay; and (B) may also include, at a State’s discre- tion— (i) at-risk infants and toddlers; and (ii) children with disabilities who are eli- gible for services under section 1419 of this title and who previously received services under this subchapter until such children enter, or are eligible under State law to