Notes on 20 U.S.C. § 1400 : US Code - Notes

Search Notes on 20 U.S.C. § 1400 : US Code - Notes

(Pub. L. 91-230, title VI, Sec. 601, as added Pub. L. 108-446,
title I, Sec. 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 (Sec. 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, Sec. 601, as
added Pub. L. 105-17, title I, Sec. 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, 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
Pub. L. 108-446, title III, Sec. 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, Sec. 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, Sec. 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, 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'."
TRANSITION
Pub. L. 108-446, title III, Sec. 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, 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."