1995 US Code
Title 20 - EDUCATION
CHAPTER 33 - EDUCATION OF INDIVIDUALS WITH DISABILITIES
SUBCHAPTER I - GENERAL PROVISIONS
Sec. 1407 - Regulation requirements

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§1407. Regulation requirements (a) Minimum period for comment before effective date

For purposes of complying with section 1232(b) 1 of this title with respect to regulations promulgated under subchapter II of this chapter, the thirty-day period under such section shall be ninety days.

(b) Lessening of procedural or substantive protections as in effect on July 20, 1983, prohibited

The Secretary may not implement, or publish in final form, any regulation prescribed pursuant to this chapter which would procedurally or substantively lessen the protections provided to children with disabilities under this chapter, as embodied in regulations in effect on July 20, 1983 (particularly as such protections relate to parental consent to initial evaluation or initial placement in special education, least restrictive environment, related services, timelines,2 attendance of evaluation personnel at individualized education program meetings, or qualifications of personnel), except to the extent that such regulation reflects the clear and unequivocal intent of the Congress in legislation.

(Pub. L. 91–230, title VI, §608, as added Pub. L. 98–199, §6, Dec. 2, 1983, 97 Stat. 1359; amended Pub. L. 100–630, title I, §101(d), Nov. 7, 1988, 102 Stat. 3290; Pub. L. 101–476, title IX, §901(b)(24), Oct. 30, 1990, 104 Stat. 1143; Pub. L. 102–119, §25(b), Oct. 7, 1991, 105 Stat. 607.)

References in Text

Section 1232(b) of this title, referred to in subsec. (a), was in the original a reference to section 431(b) of the General Education Provisions Act. Sections 422 and 431 of that Act were renumbered as sections 431 and 437, respectively, by Pub. L. 103–382, title II, §212(b)(1), Oct. 20, 1994, 108 Stat. 3913, and are classified to sections 1231a and 1232, respectively, of this title.

Amendments

1991—Pub. L. 102–119 amended directory language of Pub. L. 101–476. See 1990 Amendment note below.

1990—Subsec. (b). Pub. L. 101–476, as amended by Pub. L. 102–119, substituted “children with disabilities” for “handicapped children”.

1988—Subsec. (b). Pub. L. 100–630, §101(d)(1), substituted “individualized education program” for “IEP”.

Subsec. (c). Pub. L. 100–630, §101(d)(2), struck out subsec. (c) which read as follows: “The Secretary shall transmit a copy of any regulations promulgated under this chapter to the National Advisory Committee on the Education of the Handicapped concurrently with publication in the Federal Register.”

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

Section effective Dec. 2, 1983, see section 18 of Pub. L. 98–199, set out as an Effective Date of 1983 Amendment note under section 1401 of this title.

1 See References in Text note below.

2 So in original. Probably should be “timeliness,”.