§ 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, § 601, as added Pub. L. 105–17, title I, § 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.

     A 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.

     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."

     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’."

     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’."

     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’."

     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’."

     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’."

     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’."

     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’."

     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’."

     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’."

     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."

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