20 U.S. Code § 1400 - Short title; findings; purposes (original) (raw)
Editorial Notes
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. 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, 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.
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.
Amendments
2010—Subsec. (c)(12)(C). Pub. L. 111–256 substituted “having intellectual disabilities” for “having mental retardation”.
Statutory Notes and Related Subsidiaries
Effective Date
Pub. L. 108–446, title III, § 302(a), (b), Dec. 3, 2004, 118 Stat. 2803, as amended by Pub. L. 114–95, title IX, § 9214(e), Dec. 10, 2015, 129 Stat. 2166, provided that:
“(a) Parts A, B, and C, and subpart 1 of Part D.—
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.
“(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 2010 Amendment
Pub. L. 111–256, § 1, Oct. 5, 2010, 124 Stat. 2643, provided that:
“This Act [amending this section, sections 1140, 1401, and 7512 of this title, sections 705, 764, and 791 of Title 29, Labor, and sections 217a–1, 247b–4, 285g, 285g–2, 291k, 294c, and 300d–52 of Title 42, The Public Health and Welfare, enacting provisions set out as notes under this section, and amending provisions set out as notes under sections 280f, 285g, 300b–1, and 2000ff of Title 42] may be cited as ‘Rosa’s Law’.”
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 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, 795_l_ 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’.”
Regulations
Pub. L. 111–256, § 3, Oct. 5, 2010, 124 Stat. 2645, provided that:
“For purposes of regulations issued to carry out a provision amended by this Act [see Short Title of 2010 Amendment note above]—
“(1) before the regulations are amended to carry out this Act—
“(A)
a reference in the regulations to mental retardation shall be considered to be a reference to an intellectual disability; and
“(B)
a reference in the regulations to the mentally retarded, or individuals who are mentally retarded, shall be considered to be a reference to individuals with intellectual disabilities; and
“(2) in amending the regulations to carry out this Act, a Federal agency shall ensure that the regulations clearly state—
“(A)
that an intellectual disability was formerly termed mental retardation; and
“(B)
that individuals with intellectual disabilities were formerly termed individuals who are mentally retarded.”
Construction of 2010 Amendment
Pub. L. 111–256, § 4, Oct. 5, 2010, 124 Stat. 2645, provided that:
“This Act [see Short Title of 2010 Amendment note above] shall be construed to make amendments to provisions of Federal law to substitute the term ‘an intellectual disability’ for ‘mental retardation’, and ‘individuals with intellectual disabilities’ for ‘the mentally retarded’ or ‘individuals who are mentally retarded’, without any intent to—
“(1)
change the coverage, eligibility, rights, responsibilities, or definitions referred to in the amended provisions; or
“(2)
compel States to change terminology in State laws for individuals covered by a provision amended by this Act.”
Definitions
Pub. L. 111–256, § 2(k), Oct. 5, 2010, 124 Stat. 2644, provided that:
“For purposes of each provision amended by this section [amending this section, sections 1140, 1401, and 7512 of this title, sections 705, 764, and 791 of Title 29, Labor, and sections 217a–1, 247b–4, 285g, 285g–2, 291k, 294c, and 300d–52 of Title 42, The Public Health and Welfare, and amending provisions set out as notes under sections 280f, 285g, 300b–1, and 2000ff of Title 42]—
“(1)
a reference to ‘an intellectual disability’ shall mean a condition previously referred to as ‘mental retardation’, or a variation of this term, and shall have the same meaning with respect to programs, or qualifications for programs, for individuals with such a condition; and
“(2)
a reference to individuals with intellectual disabilities shall mean individuals who were previously referred to as individuals who are ‘individuals with mental retardation’ or ‘the mentally retarded’, or variations of those terms.”