1995 U.S. Code
Title 20 - EDUCATION
CHAPTER 33 - EDUCATION OF INDIVIDUALS WITH DISABILITIES
SUBCHAPTER I - GENERAL PROVISIONS
Sec. 1401 - Definitions

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§1401. Definitions

(a) As used in this chapter—

(1)(A) The term “children with disabilities” means children—

(i) with mental retardation, hearing impairments including deafness, speech or language impairments, visual impairments including blindness, serious emotional disturbance, orthopedic impairments, autism, traumatic brain injury, other health impairments, or specific learning disabilities; and

(ii) who, by reason thereof, need special education and related services.

(B) The term “children with disabilities” for children aged 3 to 5, inclusive, may, at a State's discretion, include children—

(i) experiencing developmental delays, as defined by the State and as measured by appropriate diagnostic instruments and procedures, in one or more of the following areas: physical development, cognitive development, communication development, social or emotional development, or adaptive development; and

(ii) who, by reason thereof, need special education and related services.

(2) Repealed. Pub. L. 98–199, §2(2), Dec. 2, 1983, 97 Stat. 1357.

(3) Repealed. Pub. L. 100–630, title I, §101(a)(2), Nov. 7, 1988, 102 Stat. 3289.

(4) The term “construction”, except where otherwise specified, means (A) erection of new or expansion of existing structures, and the acquisition and installation of equipment therefor; or (B) acquisition of existing structures not owned by any agency or institution making application for assistance under this chapter; or (C) remodeling or alteration (including the acquisition, installation, modernization, or replacement of equipment) of existing structures; or (D) acquisition of land in connection with activities in clauses (A), (B), and (C); or (E) a combination of any two or more of the foregoing.

(5) The term “equipment” includes machinery, utilities, and built-in equipment and any necessary enclosures or structures to house them, and includes all other items necessary for the functioning of a particular facility as a facility for the provision of educational services, including items such as instructional equipment and necessary furniture, printed, published, and audio-visual instructional materials, telecommunications, sensory, and other technological aids and devices, and books, periodicals, documents, and other related materials.

(6) The term “State” means any of the several States, the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, Guam, American Samoa, the Commonwealth of the Northern Mariana Islands, or Palau (until the Compact of Free Association with Palau takes effect pursuant to section 1931(a) of title 48).

(7) 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 and secondary schools, or, if there is no such officer or agency, an officer or agency designated by the Governor or by State law.

(8) 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 direction of, or to perform a service function for, public elementary or secondary schools in a city, county, township, school district, or other political subdivision of a State, or such combination of school districts or counties as are recognized in a State as an administrative agency for its public elementary or secondary schools. Such term also includes any other public institution or agency having administrative control and direction of a public elementary or secondary school.

(9) The term “elementary school” means a day or residential school which provides elementary education, as determined under State law.

(10) The term “secondary school” means a day or residential school which provides secondary education, as determined under State law, except that it does not include any education provided beyond grade 12.

(11) The term “institution of higher education” means an educational institution in any State which—

(A) admits as regular students only individuals having a certificate of graduation from a high school, or the recognized equivalent of such a certificate;

(B) is legally authorized within such State to provide a program of education beyond high school;

(C) provides an educational program for which it awards a bachelor's degree, or provides not less than a two-year program which is acceptable for full credit toward such a degree, or offers a two-year program in engineering, mathematics, or the physical or biological sciences which is designed to prepare the student to work as a technician and at a semiprofessional level in engineering, scientific, or other technological fields which require the understanding and application of basic engineering, scientific, or mathematical principles or knowledge;

(D) is a public or other nonprofit institution; and

(E) is accredited by a nationally recognized accrediting agency or association listed by the Secretary pursuant to this paragraph or, if not so accredited, is an institution whose credits are accepted, on transfer, by not less than three institutions which are so accredited, for credit on the same basis as if transferred from an institution so accredited: Provided, however, That in the case of an institution offering a two-year program in engineering, mathematics, or the physical or biological sciences which is designed to prepare the student to work as a technician and at a semi-professional level in engineering, scientific, or technological fields which require the understanding and application of basic engineering, scientific, or mathematical principles or knowledge, if the Secretary determines that there is no nationally recognized accrediting agency or association qualified to accredit such institutions, the Secretary shall appoint an advisory committee, composed of persons specially qualified to evaluate training provided by such institutions, which shall prescribe the standards of content, scope, and quality which must be met in order to qualify such institutions to participate under this title and shall also determine whether particular institutions meet such standards. For the purposes of this paragraph the Secretary shall publish a list of nationally recognized accrediting agencies or associations which the Secretary determines to be reliable authority as to the quality of education or training offered.

The term includes community colleges receiving funding from the Secretary of the Interior under the Tribally Controlled Community College Assistance Act of 1978 [20 U.S.C. 1801 et seq.].

(12) The term “nonprofit” as applied to a school, agency, organization, or institution means a school, agency, organization, or institution owned and operated by one 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 shareholder or individual.

(13) The term “research and related purposes” means research, research training (including the payment of stipends and allowances), surveys, or demonstrations in the field of education of children with disabilities, or the dissemination of information derived therefrom, including (but without limitation) experimental schools.

(14) The term “Secretary” means the Secretary of Education.

(15) The term “children with specific learning disabilities” means those children who have a disorder in one or more of the basic psychological processes involved in understanding or in using language, spoken or written, which disorder may manifest itself in imperfect ability to listen, think, speak, read, write, spell, or do mathematical calculations. Such disorders include such conditions as perceptual disabilities, brain injury, minimal brain dysfunction, dyslexia, and developmental aphasia. Such term does not include children who have learning problems which are primarily the result of visual, hearing, or motor disabilities, of mental retardation, of emotional disturbance, or of environmental, cultural, or economic disadvantage.

(16) The term “special education” means specially designed instruction, at no cost to parents or guardians, to meet the unique needs of a child with a disability, including—

(A) instruction conducted in the classroom, in the home, in hospitals and institutions, and in other settings; and

(B) instruction in physical education.

(17) The term “related services” means transportation, and such developmental, corrective, and other supportive services (including speech pathology and audiology, psychological services, physical and occupational therapy, recreation, including therapeutic recreation, social work services, counseling services, including rehabilitation counseling, and medical services, except that such medical services shall be for diagnostic and evaluation purposes only) as may be required to assist a child with a disability to benefit from special education, and includes the early identification and assessment of disabling conditions in children.

(18) The term “free appropriate public education” 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 educational agency,

(C) include an appropriate preschool, elementary, or secondary school education in the State involved, and

(D) are provided in conformity with the individualized education program required under section 1414(a)(5) of this title.

(19) The term “transition services” means a coordinated set of activities for a student, designed within an outcome-oriented process, which promotes movement from school to post-school activities, including post-secondary education, vocational training, integrated employment (including supported employment), continuing and adult education, adult services, independent living, or community participation. The coordinated set of activities shall be based upon the individual student's needs, taking into account the student's preferences and interests, and shall include instruction, community experiences, the development of employment and other post-school adult living objectives, and, when appropriate, acquisition of daily living skills and functional vocational evaluation.

(20) The term “individualized education program” means a written statement for each child with a disability developed in any meeting by a representative of the local educational agency or an intermediate educational unit who shall be qualified to provide, or supervise the provision of, specially designed instruction to meet the unique needs of children with disabilities, the teacher, the parents or guardian of such child, and, whenever appropriate, such child, which statement shall include—

(A) a statement of the present levels of educational performance of such child,

(B) a statement of annual goals, including short-term instructional objectives,

(C) a statement of the specific educational services to be provided to such child, and the extent to which such child will be able to participate in regular educational programs,

(D) a statement of the needed transition services for students beginning no later than age 16 and annually thereafter (and, when determined appropriate for the individual, beginning at age 14 or younger), including, when appropriate, a statement of the interagency reponsibilities 1 or linkages (or both) before the student leaves the school setting,

(E) the projected date for initiation and anticipated duration of such services, and

(F) appropriate objective criteria and evaluation procedures and schedules for determining, on at least an annual basis, whether instructional objectives are being achieved.

In the case where a participating agency, other than the educational agency, fails to provide agreed upon services, the educational agency shall reconvene the IEP team to identify alternative strategies to meet the transition objectives.

(21) The term “excess costs” means those costs which are in excess of the average annual per student expenditure in a local educational agency during the preceding school year for an elementary or secondary school student, as may be appropriate, and which shall be computed after deducting—

(A) amounts received—

(i) under this subchapter,

(ii) under title I of the Elementary and Secondary Education Act of 1965 [20 U.S.C. 6301 et seq.], or

(iii) under title VII of the Elementary and Secondary Education Act of 1965 [20 U.S.C. 7401 et seq.], and

(B) any State or local funds expended for programs that would qualify for assistance under such subchapter, chapter, or title.

(22) The term “native language” has the meaning given that term by section 7003(a)(2) 2 of the Bilingual Education Act.

(23) The term “intermediate educational unit” means any public authority, other than a local educational agency, which is under the general supervision of a State educational agency, which is established by State law for the purpose of providing free public education on a regional basis, and which provides special education and related services to children with disabilities within that State.

(24)(A) The term “public or private nonprofit agency or organization” includes an Indian tribe and the Bureau of Indian Affairs of the Department of the Interior (when acting on behalf of schools operated by the Bureau for children and students on Indian reservations) and tribally controlled schools funded by the Department of the Interior.

(B) The terms “Indian”, “American Indian”, and “Indian American” mean an individual who is a member of an Indian tribe.

(C) The term “Indian tribe” means any Federal or State Indian tribe, band, rancheria, pueblo, colony, or community, including any Alaskan 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.]).

(25) 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 individuals with disabilities.

(26) The term “assistive technology service” means any service that directly assists an individual with a disability in the selection, acquisition, or use of an assistive technology device. Such term includes—

(A) the evaluation of the needs of an individual with a disability, including a functional evaluation of the individual in the individual's customary environment;

(B) purchasing, leasing, or otherwise providing for the acquisition of assistive technology devices by individuals with disabilities;

(C) selecting, designing, fitting, customizing, adapting, applying, maintaining, repairing, or replacing of 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 an individual with disabilities, or, where appropriate, the family of an individual with disabilities; 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 individuals with disabilities.

(27) The term “underrepresented” means populations such as minorities, the poor, the limited English proficient, and individuals with disabilities.

(b) For purposes of subchapter III of this chapter, “youth with a disability” means any child with a disability (as defined in subsection (a)(1) of this section) who—

(1) is twelve years of age or older; or

(2) is enrolled in the seventh or higher grade in school.

(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.)

References in Text

For Oct. 1, 1994, as the date the Compact of Free Association with Palau takes effect, referred to in subsec. (a)(6), see Proc. No. 6726, Sept. 27, 1994, 59 F.R. 49777, set out as a note under section 1931 of Title 48, Territories and Insular Possessions.

The Tribally Controlled Community College Assistance Act of 1978, referred to in subsec. (a)(11), is Pub. L. 95–471, Oct. 17, 1978, 92 Stat. 1325, as amended, which is classified principally to chapter 20 (§1801 et seq.) of Title 25, Indians. For complete classification of this Act to the Code, see Short Title note set out under section 1801 of Title 25 and Tables.

The Elementary and Secondary Education Act of 1965, referred to in subsec. (a)(21)(A)(ii) and (iii), is Pub. L. 89–10, Apr. 11, 1965, 79 Stat. 27, as amended generally by Pub. L. 103–382, title I, §101, Oct. 20, 1994, 108 Stat. 3519. Titles I and VII of the Act are classified generally to subchapters I (§6301 et seq.) and VII (§7401 et seq.), respectively, 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.

Section 7003(a)(2) of the Bilingual Education Act, referred to in subsec. (a)(22), is section 7003(a)(2) of Pub. L. 89–10, title VII, as added by Pub. L. 100–297, title I, §1001, Apr. 28, 1988, 102 Stat. 276, as amended, which was classified to section 3283(a)(2) of this title prior to the general amendment of Pub. L. 89–10 by Pub. L. 103–382, title I, §101, Oct. 20, 1994, 108 Stat. 3519. For provisions defining “native language”, see section 7601(11) of this title.

The Alaska Native Claims Settlement Act, referred to in subsec. (a)(24)(C), is Pub. L. 92–203, Dec. 18, 1971, 85 Stat. 688, as amended, which is classified generally to chapter 33 (§1601 et seq.) of Title 43, Public Lands. For complete classification of this Act to the Code, see Short Title note set out under section 1601 of Title 43 and Tables.

Amendments

1994—Subsec. (a)(21)(A)(ii). Pub. L. 103–382 substituted “title I” for “chapter 1 of title I”.

1991—Pub. L. 102–119, §25(b), amended directory language of Pub. L. 101–476, §901(b). See 1990 Amendment note below.

Subsec. (a)(1). Pub. L. 102–119, §25(a)(1)(A), inserted comma after “thereof” in subpar. (A)(ii).

Pub. L. 102–119, §3, designated existing provisions as subpar. (A), redesignated former subpars. (A) and (B) as cls. (i) and (ii), respectively, and added subpar. (B).

Subsec. (a)(6). Pub. L. 102–73, which directed the substitution of “or Palau (until the Compact of Free Association with Palau takes effect pursuant to section 1931(a) of title 48)” for “or the Trust Territory of the Pacific Islands” in section 602(a)(6) of the “Education of the Handicapped Act”, was executed to this section, which is section 602 of the Individuals with Disabilities Education Act, to reflect the probable intent of Congress, and the corresponding change in the Short Title of that Act. See section 1400(a) of this title.

Subsec. (a)(17). Pub. L. 102–119, §25(a)(1)(B), substituted “, social work services, counseling services, including rehabilitation counseling, and medical services,” for “and social work services, and medical and counseling services, including rehabilitation counseling,” and was executed by making the substitution for the quoted words which in the original contained two commas after “counseling services”, to reflect the probable intent of Congress.

Subsec. (a)(22). Pub. L. 102–119, §25(a)(1)(C), substituted “section 7003(a)(2)” for “section 703(a)(2)”.

1990—Pub. L. 101–476, §901(b), was amended in its directory language by Pub. L. 102–119, §25(b), requiring no change in text.

Subsec. (a)(1). Pub. L. 101–476, §901(b)(10), which directed substitution of “children with disabilities” for “handicapped children”, could not be executed because “handicapped children” did not appear following general amendment by Pub. L. 101–476, §101(a). See below.

Pub. L. 101–476, §101(a), amended par. (1) generally. Prior to amendment, par. (1) read as follows: “The term ‘handicapped children’ means mentally retarded, hard of hearing, deaf, speech or language impaired, visually handicapped, seriously emotionally disturbed, orthopedically impaired, or other health impaired children, or children with specific learning disabilities, who by reason thereof require special education and related services.”

Subsec. (a)(13). Pub. L. 101–476, §901(b)(11), substituted “children with disabilities” for “handicapped children”.

Subsec. (a)(15). Pub. L. 101–476, §901(b)(12), substituted “perceptual disabilities” for “perceptual handicaps” and “motor disabilities” for “motor handicaps”.

Subsec. (a)(16). Pub. L. 101–476, §901(b)(13), substituted “child with a disability” for “handicapped child”.

Pub. L. 101–476, §101(b), substituted “including—

“(A) instruction conducted in the classroom, in the home, in hospitals and institutions, and in other settings; and

“(B) instruction in physical education”

for “including classroom instruction, instruction in physical education, home instruction, and instruction in hospitals and institutions”.

Subsec. (a)(17). Pub. L. 101–476, §901(b)(14), (15), substituted “child with a disability” for “handicapped child” and “disabling” for “handicapping”.

Pub. L. 101–476, §101(c), inserted “including therapeutic recreation and social work services,” after “recreation,” and “, including rehabilitation counseling,” after “counseling services,”.

Subsec. (a)(19). Pub. L. 101–476, §101(d), added par. (19). Former par. (19) redesignated (20).

Subsec. (a)(20). Pub. L. 101–476, §901(b)(16), (17), which directed the substitution of “child with a disability” for “handicapped child” and “children with disabilities” for “handicapped children” in par. (19), was executed by making the substitutions in par. (20) to reflect the probable intent of Congress and the intervening redesignation of par. (19) as (20) by Pub. L. 101–476, §101(d). See below.

Pub. L. 101–476, §101(d), (e), redesignated par. (19) as (20), added subpar. (D), redesignated former subpars. (D) and (E) as (E) and (F), respectively, and inserted after subpar. (F) “In the case where a participating agency, other than the educational agency, fails to provide agreed upon services, the educational agency shall reconvene the IEP team to identify alternative strategies to meet the transition objectives.” Former par. (20) redesignated (21).

Subsec. (a)(21), (22). Pub. L. 101–476, §101(d), redesignated pars. (20) and (21) as (21) and (22), respectively. Former par. (22) redesignated (23).

Subsec. (a)(23). Pub. L. 101–476, §901(b)(18), which directed the substitution of “children with disabilities” for “handicapped children” in par. (22), was executed by making the substitution in par. (23) to reflect the probable intent of Congress and the intervening redesignation of par. (22) as (23) by Pub. L. 101–476, §101(d). See below.

Pub. L. 101–476, §101(d), redesignated par. (22) as (23). Former par. (23) redesignated (24).

Subsec. (a)(24). Pub. L. 101–476, §101(d), (f), redesignated par. (23) as (24) and inserted before period at end of subpar. (A) “and the Bureau of Indian Affairs of the Department of the Interior (when acting on behalf of schools operated by the Bureau for children and students on Indian reservations) and tribally controlled schools funded by the Department of the Interior”.

Subsec. (a)(25) to (27). Pub. L. 101–476, §101(g)–(i), added pars. (25) to (27).

Subsec. (b). Pub. L. 101–476, §901(b)(19), (20), substituted “youth with a disability” for “handicapped youth” and “child with a disability” for “handicapped child”.

1988—Subsec. (a). Pub. L. 100–630, §101(a)(1), realigned margins of all pars.

Subsec. (a)(3). Pub. L. 100–630, §101(a)(2), struck out par. (3) which read as follows: “The term ‘Advisory Committee’ means the National Advisory Committee on the Education of Handicapped Children.”

Subsec. (a)(6). Pub. L. 100–630, §101(a)(3), substituted “Commonwealth of the Northern Mariana Islands” for “Northern Mariana Islands”.

Subsec. (a)(11). Pub. L. 100–630, §101(a)(4), (5), realigned margins of subpars. (A) to (E), in subpar. (D) inserted “and” after “other nonprofit institution;”, in subpar. (E) substituted “the Secretary shall appoint” for “he shall appoint”, “which the Secretary determines” for “which he determines”, and a period for “; and”, struck out subpar. (F) which related to community colleges receiving funding from Secretary of the Interior under Public Law 95–471, and inserted at end “The term includes community colleges receiving funding from the Secretary of the Interior under the Tribally Controlled Community College Assistance Act of 1978.”

Subsec. (a)(18). Pub. L. 100–630, §101(a)(6), substituted “services that—” for “services which”, added subpars. (A) to (D), and struck out cls. (A) to (D) which read as follows: “(A) have been provided at public expense, under public supervision and direction, and without charge, (B) meet the standards of the State educational agency, (C) include an appropriate preschool, elementary, or secondary school education in the State involved, and (D) are provided in conformity with the individualized education program required under section 1414(a)(5) of this title.”

Subsec. (a)(19). Pub. L. 100–630, §101(a)(7), substituted “statement shall include—” for “statement shall include”, added subpars. (A) to (E), and struck out cls. (A) to (E) which read as follows: “(A) a statement of the present levels of educational performance of such child, (B) a statement of annual goals, including short-term instructional objectives, (C) a statement of the specific educational services to be provided to such child, and the extent to which such child will be able to participate in regular educational programs, (D) the projected date for initiation and anticipated duration of such services, and (E) appropriate objective criteria and evaluation procedures and schedules for determining, on at least an annual basis, whether instructional objectives are being achieved.”

Subsec. (a)(20). Pub. L. 100–630, §101(a)(8), substituted “after deducting—” for “after deducting”, added subpars. (A) and (B), and struck out former subpars. (A) and (B) which read as follows: “(A) amounts received under this subchapter or under title I or title VII of the Elementary and Secondary Education Act of 1965, and (B) any State or local funds expended for programs which would qualify for assistance under this subchapter or under such titles.”

Subsec. (a)(21). Pub. L. 100–630, §101(a)(9), made technical amendment to reference to section 703(a)(2) of the Bilingual Education Act to delete an obsolete United States Code citation, requiring no change in text.

Subsec. (a)(23). Pub. L. 100–630, §101(a)(10), realigned margins of subpars. (A) to (C).

Subsec. (b). Pub. L. 100–630, §101(a)(11), made technical amendment to reference to subsection (a)(1) of this section, requiring no change in text.

1986—Subsec. (a)(11)(F). Pub. L. 99–457, §402(1), added subpar. (F).

Subsec. (a)(23). Pub. L. 99–457, §402(2), added par. (23).

1983—Subsec. (a). Pub. L. 98–199, §2(6), designated existing provisions as subsec. (a).

Subsec. (a)(1). Pub. L. 98–199, §2(1), included language impaired children within term “handicapped children”.

Subsec. (a)(2). Pub. L. 98–199, §2(2), struck out definition of “Commissioner” as meaning the Commissioner of Education.

Subsec. (a)(3). Pub. L. 98–199, §2(3), inserted “the Education of” after “Committee on”.

Subsec. (a)(6). Pub. L. 98–199, §2(4), included the Northern Mariana Islands within term “State”.

Subsec. (a)(11)(E). Pub. L. 98–199, §3(b), substituted “Secretary” for “Commissioner” wherever appearing.

Subsec. (a)(14). Pub. L. 98–199, §2(5), substituted “Secretary of Education” for “Secretary of Health, Education, and Welfare”.

Subsec. (b). Pub. L. 98–199, §2(7), added subsec. (b).

1975—Par. (1). Pub. L. 94–142, §4(a)(1), substituted “orthopedically impaired” for “crippled” and inserted reference to children with specific learning disabilities.

Par. (5). Pub. L. 94–142, §4(a)(2), inserted reference to telecommunications, sensory, and other technological aids and devices.

Par. (15). Pub. L. 94–142, §4(a)(3), added children with learning problems which are primarily the result of cultural or economic disadvantage to the enumeration of children not to be included within term “children with specific learning disabilities”.

Pars. (16) to (22). Pub. L. 94–142, §4(a)(4), added pars. (16) to (22).

Effective Date of 1990 Amendment

Amendment by Pub. L. 101–476 effective Oct. 1, 1990, see section 1001 of Pub. L. 101–476, set out as a note under section 1087ee of this title.

Effective Date of 1983 Amendment

Section 18 of Pub. L. 98–199, as amended by Pub. L. 101–476, title IX, §901(a)(3), Oct. 30, 1990, 104 Stat. 1142, provided that:

“(a) Except as provided in subsection (b), the provisions of this Act [enacting sections 1407 and 1427 of this title, amending this section and sections 1402 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 1400 of this title; and amending provisions set out as notes under sections 101, 681, and 1411 of this title] shall take effect on the date of enactment of this Act [Dec. 2, 1983].

“(b)(1) To the extent that the amendments made by this Act to parts C, D, E, and G of the Individuals with Disabilities Education Act [subchapters III, IV, V and VII of this chapter] prohibit or limit the use of funds, such amendments shall apply only to funds obligated after the date of enactment of this Act [Dec. 2, 1983].

“(2) As determined necessary by the Secretary of Education for purposes of providing services under the Individuals with Disabilities Education Act [this chapter] pending the issuance of regulations implementing the amendments made by this Act, the Secretary shall provide financial assistance under parts C, D, E, and G of the Act as in effect on the day before the date of enactment of this Act until issuance of such regulations or March 1, 1984, whichever is earlier.”

Effective Date of 1975 Amendment

Amendment by Pub. L. 94–142 effective Oct. 1, 1977, see section 8(c) of Pub. L. 94–142, set out as a note under section 1411 of this title.

Section Referred to in Other Sections

This section is referred to in sections 1087ee, 1087ii, 1415, 1425, 5802, 6063, 6103, 8801, 8923 of this title; title 10 section 2164; title 42 sections 290ff–2, 1396n, 5116, 5117c, 9835, 12511.

1 So in original. Probably should be “responsibilities”.

2 See References in Text note below.