§ 1400. — Congressional statements and declarations.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 20USC1400]
TITLE 20--EDUCATION
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.
