 
         CHAPTER 33--EDUCATION OF INDIVIDUALS WITH DISABILITIES
 
                    SUBCHAPTER I--GENERAL PROVISIONS
 
Sec. 1400. Congressional statements and declarations


(a) Short title

    This chapter may be cited as the ``Individuals with Disabilities 
Education Act''.

(b) Omitted

(c) Findings

    The 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 the enactment of the Education for All 
    Handicapped Children Act of 1975 (Public Law 94-142)--
            (A) the special educational needs of children with 
        disabilities were not being fully met;
            (B) more than one-half of the children with disabilities in 
        the United States did not receive appropriate educational 
        services that would enable such children to have full equality 
        of opportunity;
            (C) 1,000,000 of the children with disabilities in the 
        United States were excluded entirely from the public school 
        system and did not go through the educational process with their 
        peers;
            (D) there were many children with disabilities throughout 
        the United States participating in regular school programs whose 
        disabilities prevented such children from having a successful 
        educational experience because their disabilities were 
        undetected; and
            (E) because of the lack of adequate services within the 
        public school system, families were often forced to find 
        services outside the public school system, often at great 
        distance from their residence and at their own expense.

        (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) Over 20 years of research and experience has demonstrated 
    that the education of children with disabilities can be made more 
    effective by--
            (A) having high expectations for such children and ensuring 
        their access in the general curriculum to the maximum extent 
        possible;
            (B) strengthening the role of parents and ensuring that 
        families of such children have meaningful opportunities to 
        participate in the education of their children at school and at 
        home;
            (C) coordinating this chapter with other local, educational 
        service agency, State, and Federal school improvement efforts in 
        order to ensure that such children benefit from such efforts and 
        that special education can become a service for such children 
        rather than a place where they are sent;
            (D) providing appropriate special education and related 
        services and aids and supports in the regular classroom to such 
        children, whenever appropriate;
            (E) supporting high-quality, intensive professional 
        development for all personnel who work with such children in 
        order to ensure that they have the skills and knowledge 
        necessary to enable them--
                (i) to meet developmental goals and, to the maximum 
            extent possible, those challenging expectations that have 
            been established for all children; and
                (ii) to be prepared to lead productive, independent, 
            adult lives, to the maximum extent possible;

            (F) providing incentives for whole-school approaches and 
        pre-referral intervention to reduce the need to label children 
        as disabled in order to address their learning needs; and
            (G) focusing resources on teaching and learning while 
        reducing paperwork and requirements that do not assist in 
        improving educational results.

        (6) While States, local educational agencies, and educational 
    service agencies are responsible for providing an education for all 
    children with disabilities, it is in the national interest that the 
    Federal Government have a role in assisting State and local efforts 
    to educate children with disabilities in order to improve results 
    for such children and to ensure equal protection of the law.
        (7)(A) The Federal Government must be responsive to the growing 
    needs of an increasingly more diverse society. A more equitable 
    allocation of resources is essential for the Federal Government to 
    meet its responsibility to provide an equal educational opportunity 
    for all individuals.
        (B) America's racial profile is rapidly changing. Between 1980 
    and 1990, the rate of increase in the population for white Americans 
    was 6 percent, while the rate of increase for racial and ethnic 
    minorities was much higher: 53 percent for Hispanics, 13.2 percent 
    for African-Americans, and 107.8 percent for Asians.
        (C) By the year 2000, this Nation will have 275,000,000 people, 
    nearly one of every three of whom will be either African-American, 
    Hispanic, Asian-American, or American Indian.
        (D) Taken together as a group, minority children are comprising 
    an ever larger percentage of public school students. Large-city 
    school populations are overwhelmingly minority, for example: for 
    fall 1993, the figure for Miami was 84 percent; Chicago, 89 percent; 
    Philadelphia, 78 percent; Baltimore, 84 percent; Houston, 88 
    percent; and Los Angeles, 88 percent.
        (E) Recruitment efforts within special education must focus on 
    bringing larger numbers of minorities into the profession in order 
    to provide appropriate practitioner knowledge, role models, and 
    sufficient manpower to address the clearly changing demography of 
    special education.
        (F) The limited English proficient population is the fastest 
    growing in our Nation, and the growth is occurring in many parts of 
    our Nation. In the Nation's 2 largest school districts, limited 
    English proficient students make up almost half of all students 
    initially entering school at the kindergarten level. Studies have 
    documented apparent discrepancies in the levels of referral and 
    placement of limited English proficient children in special 
    education. The Department of Education has found that services 
    provided to limited English proficient students often do not respond 
    primarily to the pupil's academic needs. These trends pose special 
    challenges for special education in the referral, assessment, and 
    services for our Nation's students from non-English language 
    backgrounds.
        (8)(A) Greater efforts are needed to prevent the intensification 
    of problems connected with mislabeling and high dropout rates among 
    minority children with disabilities.
        (B) More minority children continue to be served in special 
    education than would be expected from the percentage of minority 
    students in the general school population.
        (C) Poor African-American children are 2.3 times more likely to 
    be identified by their teacher as having mental retardation than 
    their white counterpart.
        (D) Although African-Americans represent 16 percent of 
    elementary and secondary enrollments, they constitute 21 percent of 
    total enrollments in special education.
        (E) The drop-out rate is 68 percent higher for minorities than 
    for whites.
        (F) More than 50 percent of minority students in large cities 
    drop out of school.
        (9)(A) The opportunity for full participation in awards for 
    grants and contracts; boards of organizations receiving funds under 
    this chapter; and peer review panels; and training of professionals 
    in the area of special education by minority individuals, 
    organizations, and historically black colleges and universities is 
    essential if we are to obtain greater success in the education of 
    minority children with disabilities.
        (B) In 1993, of the 915,000 college and university professors, 
    4.9 percent were African-American and 2.4 percent were Hispanic. Of 
    the 2,940,000 teachers, prekindergarten through high school, 6.8 
    percent were African-American and 4.1 percent were Hispanic.
        (C) Students from minority groups comprise more than 50 percent 
    of K-12 public school enrollment in seven States yet minority 
    enrollment in teacher training programs is less than 15 percent in 
    all but six States.
        (D) As the number of African-American and Hispanic students in 
    special education increases, the number of minority teachers and 
    related service personnel produced in our colleges and universities 
    continues to decrease.
        (E) Ten years ago, 12 percent of the United States teaching 
    force in public elementary and secondary schools were members of a 
    minority group. Minorities comprised 21 percent of the national 
    population at that time and were clearly underrepresented then among 
    employed teachers. Today, the elementary and secondary teaching 
    force is 13 percent minority, while one-third of the students in 
    public schools are minority children.
        (F) As recently as 1991, historically black colleges and 
    universities enrolled 44 percent of the African-American teacher 
    trainees in the Nation. However, in 1993, historically black 
    colleges and universities received only 4 percent of the 
    discretionary funds for special education and related services 
    personnel training under this chapter.
        (G) While African-American students constitute 28 percent of 
    total enrollment in special education, only 11.2 percent of 
    individuals enrolled in preservice training programs for special 
    education are African-American.
        (H) In 1986-87, of the degrees conferred in education at the 
    B.A., M.A., and Ph.D. levels, only 6, 8, and 8 percent, 
    respectively, were awarded to African-American or Hispanic students.
        (10) Minorities and underserved persons are socially 
    disadvantaged because of the lack of opportunities in training and 
    educational programs, undergirded by the practices in the private 
    sector that impede their full participation in the mainstream of 
    society.

(d) Purposes

    The purposes of this chapter are--
        (1)(A) to ensure that all children with disabilities have 
    available to them a free appropriate public education that 
    emphasizes special education and related services designed to meet 
    their unique needs and prepare them for employment and independent 
    living;
        (B) to ensure that the rights of children with disabilities and 
    parents of such children are protected; and
        (C) to assist States, localities, educational service agencies, 
    and Federal agencies to provide for the education of all children 
    with disabilities;
        (2) to assist States in the implementation of a statewide, 
    comprehensive, coordinated, multidisciplinary, interagency system of 
    early intervention services for infants and toddlers with 
    disabilities and their families;
        (3) to ensure that educators and parents have the necessary 
    tools to improve educational results for children with disabilities 
    by supporting systemic-change activities; coordinated research and 
    personnel preparation; coordinated technical assistance, 
    dissemination, and support; and technology development and media 
    services; and
        (4) to assess, and ensure the effectiveness of, efforts to 
    educate children with disabilities.

(Pub. L. 91-230, title VI, Sec. 601, as added Pub. L. 105-17, title I, 
Sec. 101, June 4, 1997, 111 Stat. 37.)

                       References in Text

    This chapter, referred to in subsecs. (a) and (c), was in the 
original ``this Act'' and has been translated throughout this chapter as 
reading ``this title'', meaning title VI of Pub. L. 91-230, as amended, 
popularly known as the ``Individuals with Disabilities Education Act'', 
to reflect the probable intent of Congress.
    The Education for All Handicapped Children Act of 1975, referred to 
in subsec. (c)(2), (3), is Pub. L. 94-142, Nov. 29, 1975, 89 Stat. 773, 
as amended. For complete classification of this Act to the Code, see 
Short Title of 1975 Amendment note set out below and Tables.

                          Codification

    Section is comprised of section 601 of Pub. L. 91-230. Subsec. (b) 
of section 601 of Pub. L. 91-230 set out the table of contents for the 
Individuals with Disabilities Education Act.


                            Prior Provisions

    A prior section 1400, Pub. L. 91-230, title VI, Sec. 601, Apr. 13, 
1970, 84 Stat. 175; Pub. L. 94-142, Sec. 3, Nov. 29, 1975, 89 Stat. 774; 
Pub. L. 101-476, title IX, Sec. 901(a)(1), (b)(1)-(9), Oct. 30, 1990, 
104 Stat. 1141, 1142; Pub. L. 102-119, Sec. 25(b), Oct. 7, 1991, 105 
Stat. 607, contained short title for this chapter and related to 
congressional statements and declarations, prior to the general 
amendment of subchapters I to IV of this chapter by Pub. L. 105-17. This 
section had been classified as a note under former section 1401 of this 
title prior to being amended by Pub. L. 94-142.


                             Effective Date

    Section 201(a) of Pub. L. 105-17 provided that:
    ``(1) In general.--Except as provided in paragraph (2), parts A and 
B of the Individuals with Disabilities Education Act [subchapters I and 
II of this chapter], as amended by title I, shall take effect upon the 
enactment of this Act [June 4, 1997].
    ``(2) Exceptions.--
        ``(A) In general.--Sections 612(a)(4), 612(a)(14), 612(a)(16), 
    614(d) (except for paragraph (6)), and 618 of the Individuals with 
    Disabilities Education Act [20 U.S.C. 1412(a)(4), (14), (16), 
    1414(d) (except for par. (6)), 1418], as amended by title I, shall 
    take effect on July 1, 1998.
        ``(B) Section 617.--Section 617 of the Individuals with 
    Disabilities Education Act [20 U.S.C. 1417], as amended by title I, 
    shall take effect on October 1, 1997.
        ``(C) Individualized education programs and comprehensive system 
    of personnel development.--Section 618 of the Individuals with 
    Disabilities Education Act [20 U.S.C. 1418], as in effect on the day 
    before the date of the enactment of this Act [June 4, 1997], and the 
    provisions of parts A and B of the Individuals with Disabilities 
    Education Act [subchapters I and II of this chapter] relating to 
    individualized education programs and the State's comprehensive 
    system of personnel development, as so in effect, shall remain in 
    effect until July 1, 1998.
        ``(D) Sections 611 and 619.--Sections 611 and 619 [20 U.S.C. 
    1411, 1419], as amended by title I, shall take effect beginning with 
    funds appropriated for fiscal year 1998.''


                      Short Title of 1997 Amendment

    Section 1 of Pub. L. 105-17 provided that: ``This Act [enacting 
subchapters I to IV of this chapter, repealing former subchapters III 
and V to IX of this chapter, and enacting provisions set out as notes 
under this section and sections 1431 and 1451 of this title] may be 
cited as the `Individuals with Disabilities Education Act Amendments of 
1997'.''


                      Short Title of 1991 Amendment

    Pub. L. 102-119, Sec. 1, Oct. 7, 1991, 105 Stat. 587, provided that: 
``This Act [see Tables for classification] may be cited as the 
`Individuals with Disabilities Education Act Amendments of 1991'.''


                      Short Title of 1990 Amendment

    Pub. L. 101-476, Sec. 1(a), Oct. 30, 1990, 104 Stat. 1103, provided 
that: ``This Act [see Tables for classification] may be cited as the 
`Education of the Handicapped Act Amendments of 1990'.''


                      Short Title of 1988 Amendment

    Pub. L. 100-630, Sec. 1, Nov. 7, 1988, 102 Stat. 3289, provided 
that: ``This Act [amending sections 101, 1401, 1404, 1406, 1407, 1411 to 
1419, 1421 to 1425, 1431 to 1433, 1441, 1443, 1451, 1452, 1461, 1471, 
1472, and 1475 to 1482 of this title, sections 702, 705, 706, 709, 711, 
713, 717, 720 to 723, 731, 732, 740, 741, 750, 752, 761 to 762, 770, 
772, 774 to 776, 777 to 777b, 777d, 777f, 780, 781 to 783, 791 to 794, 
794b, 794d, 795a, 795g to 795i, 795l to 795n, 795q, 796a to 796g, 796i, 
and 1904 of Title 29, Labor, and section 155 of Title 36, Patriotic 
Societies and Observances, enacting provisions set out as notes under 
sections 101, 1419, and 1432 of this title and sections 731 and 777c of 
Title 29, and repealing provisions set out as a note under section 795m 
of Title 29] may be cited as the `Handicapped Programs Technical 
Amendments Act of 1988'.''


                     Short Title of 1986 Amendments

    Pub. L. 99-457, Sec. 1(a), Oct. 8, 1986, 100 Stat. 1145, provided 
that: ``This Act [enacting sections 1408, 1461, 1462, and 1471 to 1485 
of this title, amending sections 1401, 1406, 1411 to 1413, 1418, 1419, 
1421 to 1424, 1424a, 1425, 1427, 1431 to 1433, 1435, 1441, 1443, 1444, 
1452, and 1454 of this title, repealing sections 1403 and 1453 of this 
title, and enacting provisions set out as notes under sections 1419 and 
1485 of this title] may be cited as the `Education of the Handicapped 
Act Amendments of 1986'.''
    Pub. L. 99-372, Sec. 1, Aug. 5, 1986, 100 Stat. 796, provided that: 
``This Act [amending section 1415 of this title and enacting provisions 
set out as notes under section 1415 of this title] may be cited as the 
`Handicapped Children's Protection Act of 1986'.''


                      Short Title of 1983 Amendment

    Pub. L. 98-199, Sec. 1, Dec. 2, 1983, 97 Stat. 1357, provided: 
``That this Act [enacting sections 1407 and 1427 of this title, amending 
sections 1401 to 1404, 1406, 1411 to 1414, 1416 to 1426, 1431 to 1435, 
1441 to 1444, 1452, 1454, and 1461 of this title, repealing section 1461 
of this title, omitting section 1436 of this title, enacting a provision 
set out as a note under section 1401 of this title, and amending 
provisions set out as notes under sections 101, 681, and 1411 of this 
title] may be cited as the `Education of the Handicapped Act Amendments 
of 1983'.''


                      Short Title of 1977 Amendment

    Pub. L. 95-49, Sec. 1, June 17, 1977, 91 Stat. 230, provided: ``That 
this Act [amending sections 1426, 1436, 1441, 1444, and 1454 of this 
title, and enacting provisions set out as a note under section 1426 of 
this title] may be cited as the `Education of the Handicapped Amendments 
of 1977'.''


                      Short Title of 1975 Amendment

    Pub. L. 94-142, Sec. 1, Nov. 29, 1975, 89 Stat. 773, provided: 
``That this Act [enacting sections 1405, 1406, 1415, 1416, 1417, 1418, 
1419, and 1420 of this title, amending this section and sections 1232, 
1401, 1411, 1411 notes, 1412, 1412 note, 1413, 1413 note, 1414, and 1453 
of this title, and enacting provisions set out as a note under section 
1411 of this title] may be cited as the `Education for All Handicapped 
Children Act of 1975'.''


                      Short Title of 1974 Amendment

    Pub. L. 93-380, title VI, Sec. 611, Aug. 21, 1974, 88 Stat. 579, 
provided that: ``This title [enacting section 1424a of this title, 
amending sections 1402, 1403, 1411 to 1413, 1426, 1436, 1444, 1452, 
1454, and 1461 of this title, and enacting provisions set out as notes 
under sections 1402 and 1411 to 1413 of this title] may be cited as the 
`Education of the Handicapped Amendments of 1974'.''


             References to Education of the Handicapped Act

    Pub. L. 101-476, title IX, Sec. 901(a)(3), Oct. 30, 1990, 104 Stat. 
1142, provided that: ``Any other Act and any regulation which refers to 
the Education of the Handicapped Act shall be considered to refer to the 
Individuals with Disabilities Education Act.''

                  Section Referred to in Other Sections

    This section is referred to in sections 1411, 1412 of this title.
