Source
(Pub. L. 91–230, title VI, § 601, as added Pub. L. 108–446, title I, § 101, Dec. 3, 2004, 118 Stat. 2647.)
References in Text
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.
The Elementary and Secondary Education Act of 1965, referred to in subsec. (c)(5)(C), is
Pub. L. 89–10, Apr. 11, 1965,
79 Stat. 27, as amended, which is classified generally to chapter 70 (§ 6301 et seq.) 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.
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, § 601, as added
Pub. L. 105–17, title I, § 101, June 4, 1997,
111 Stat. 37, contained short title for this chapter and related to congressional findings and purposes, prior to the general amendment of subchapters I to IV of this chapter by
Pub. L. 108–446.
Another prior section
1400,
Pub. L. 91–230, title VI, § 601, Apr. 13, 1970,
84 Stat. 175;
Pub. L. 94–142, § 3, Nov. 29, 1975,
89 Stat. 774;
Pub. L. 101–476, title IX, § 901(a)(1), (b)(1)–(9), Oct. 30, 1990,
104 Stat. 1141, 1142;
Pub. L. 102–119, § 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
Pub. L. 108–446, title III, § 302(a), (b), Dec. 3, 2004,
118 Stat. 2803, provided that:
“(a) Parts A, B, and C, and subpart 1 of part D.—
“(1) In general.—Except as provided in paragraph (2), parts A, B, and C, and subpart 1 of part D, of the Individuals with Disabilities Education Act [subchapters I, II, and III and part A of subchapter IV of this chapter], as amended by title I, shall take effect on July 1, 2005.
“(2) Highly qualified definition.—Subparagraph (A), and subparagraphs (C) through (F), of section 602(10) of the Individuals with Disabilities Education Act [
20 U.S.C.
1401
(10)], as amended by title I, shall take effect on the date of enactment of this Act [Dec. 3, 2004] for purposes of the Elementary and Secondary Education Act of 1965 [
20 U.S.C.
6301 et seq.].
“(b) Subparts 2, 3, and 4 of part D.—Subparts 2, 3, and 4 of part D of the Individuals with Disabilities Education Act [parts B, C, and D of subchapter IV of this chapter], as amended by title I, shall take effect on the date of enactment of this Act [Dec. 3, 2004].”
Short Title of 2004 Amendment
Pub. L. 108–446, § 1, Dec. 3, 2004,
118 Stat. 2647, provided that: “This Act [enacting subchapters I to IV of this chapter, part
E of subchapter
I of chapter
76 of this title, and sections
9567 to
9567b of this title, amending sections
927,
1087ee,
1087ii,
4304,
5802,
6103,
6311,
6317,
7221g,
7273b,
9511,
9515,
9516, and
9605 of this title, section
2164 of Title
10, Armed Forces, section
121 of Title
17, Copyrights, sections
721,
725,
772, and
773 of Title
29, Labor, and sections
280c–6,
290bb–25,
290ff–1,
290ff–2,
1396b,
1396n,
5011,
9835,
9836,
9837,
12511,
15025, and
15064 of Title
42, The Public Health and Welfare, repealing section
1444 of this title, redesignating former part
E of subchapter
I of chapter
76 of this title as part F, omitting sections
1445,
1456, and
1483 to
1487 of this title, enacting provisions set out as notes under this section and section
9567b of this title, and amending provisions set out as a note under section
285g of Title
42] may be cited as the ‘Individuals with Disabilities Education Improvement Act of 2004’.”
Short Title of 1997 Amendment
Pub. L. 105–17, § 1, June 4, 1997,
111 Stat. 37, 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, § 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, § 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, § 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, § 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, § 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, § 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, § 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, § 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, § 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’.”
Transition
Pub. L. 108–446, title III, § 303, Dec. 3, 2004,
118 Stat. 2803, provided that:
“(a) Orderly Transition.—
“(1) In general.—The Secretary of Education (in this section referred to as ‘the Secretary’) shall take such steps as are necessary to provide for the orderly transition from the Individuals with Disabilities Education Act [this chapter], as such Act was in effect on the day preceding the date of enactment of this Act [Dec. 3, 2004], to the Individuals with Disabilities Education Act [this chapter] and part E of the Education Sciences Reform Act of 2002 [
20 U.S.C.
9567 et seq.], as amended by this Act.
“(2) Limitation.—The Secretary’s authority in paragraph (1) shall terminate 1 year after the date of enactment of this Act.
“(b) Multi-year Awards.—Notwithstanding any other provision of law, the Secretary may use funds appropriated under part D of the Individuals with Disabilities Education Act [subchapter IV of this chapter] to make continuation awards for projects that were funded under section
618 [
20 U.S.C.
1418], and part D, of the Individuals with Disabilities Education Act (as such section and part were in effect on September 30, 2004), in accordance with the terms of the original awards.
“(c) Research.—Notwithstanding section
302
(b) [set out as a note above] or any other provision of law, the Secretary may award funds that are appropriated under the Department of Education Appropriations Act, 2005 [
Pub. L. 108–447, div. F, title III,
118 Stat. 3142, see Tables for classification] for special education research under either of the headings ‘Special Education’ or ‘Institute of Education Sciences’ in accordance with sections 672 and 674 of the Individuals with Disabilities Education Act [
20 U.S.C.
1472,
1474], as such sections were in effect on October 1, 2004.”
References to Education of the Handicapped Act
Pub. L. 101–476, title IX, § 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.”