Notes on 20 U.S.C. § 4304 : US Code - Notes

Search Notes on 20 U.S.C. § 4304 : US Code - Notes

(Pub. L. 99-371, title I, Sec. 104, as added Pub. L. 102-421, title
I, Sec. 112, Oct. 16, 1992, 106 Stat. 2152; amended Pub. L. 103-73,
title II, Sec. 203(d), Aug. 11, 1993, 107 Stat. 733; Pub. L. 105-
244, title IX, Sec. 912, Oct. 7, 1998, 112 Stat. 1829; Pub. L. 108-
446, title III, Sec. 305(d), Dec. 3, 2004, 118 Stat. 2805.)
REFERENCES IN TEXT
The Individuals with Disabilities Education Act, referred to in
subsecs. (a)(2)(B) and (b)(3), (4)(C), is title VI of Pub. L. 91-
230, Apr. 13, 1970, 84 Stat. 175, as amended. Part B of the Act is
classified generally to subchapter II (Sec. 1411 et seq.) of
chapter 33 of this title. For complete classification of this Act
to the Code, see section 1400 of this title and Tables.
AMENDMENTS
2004 - Subsec. (b)(2). Pub. L. 108-446, which directed amendment
of "section 104(b)(2) of the Education of the Deaf Act" by
substituting "618(a)(1)" for "618(a)(1)(A)" in introductory
provisions, was executed to this section, which is section 104 of
the Education of the Deaf Act of 1986, to reflect the probable
intent of Congress.
1998 - Subsec. (b)(1). Pub. L. 105-244, Sec. 912(1), inserted
"and" after semicolon in subpar. (A), substituted a period for ";
and" at end of subpar. (B), and struck out subpar. (C) which read
as follows: "establish and publish priorities for research,
development, and demonstration through a process that allows for
public input."
Subsec. (b)(2). Pub. L. 105-244, Sec. 912(2), in introductory
provisions, substituted "paragraph (1)(B)" for "paragraph (1)" and
"section 618(a)(1)(A)" for "section 618(b)".
Subsec. (b)(3). Pub. L. 105-244, Sec. 912(3), substituted
"educational service agency" for "intermediate educational unit".
Subsec. (b)(4)(A). Pub. L. 105-244, Sec. 912(4)(A), substituted
"educational service agency" for "intermediate educational unit".
Subsec. (b)(4)(B). Pub. L. 105-244, Sec. 912(4)(B), substituted
"educational service agencies" for "intermediate educational
units".
Subsec. (b)(4)(C). Pub. L. 105-244, Sec. 912(5), amended subpar.
(C) generally. Prior to amendment, subpar. (C) read as follows:
"provide the child a free appropriate public education in
accordance with part B of the Individuals with Disabilities
Education Act and procedural safeguards in accordance with the
following provisions of section 615 of such Act:
"(i) Subparagraphs (A), (C), (D), and (E) of paragraph (1) of
subsection (b), and paragraph (2) of such subsection.
"(ii) Subsection (d), except the portion of paragraph (4)
requiring that findings and decisions be transmitted to a State
advisory panel.
"(iii) Paragraphs (1) through (3) of subsection (e). Paragraph
(3) of such subsection is not applicable to a decision by the
University to refuse to admit or to dismiss a child, except that,
before dismissing any child, the University shall give at least
60 days notice to the child's parents and to the local
educational agency in which the child resides.
"(iv) Subsection (f)."
1993 - Pub. L. 103-73, Sec. 203(d)(1), substituted "education"
for "educational" in section catchline.
Subsec. (a)(1). Pub. L. 103-73, Sec. 203(d)(2), in subpar. (A)
substituted "deaf or hard" for "deaf and individuals who are hard",
in subpar. (B) inserted "education" after "elementary and
secondary" and substituted "non-English-speaking" for "non-English
speaking", and in subpar. (C), in introductory provisions, inserted
"education" after "elementary and secondary", in cl. (i)
substituted "students" for "individuals" wherever appearing and
"deaf from the age of onset of deafness to age fifteen, inclusive,
but not beyond the eighth grade or its equivalent," for "deaf,",
and in cl. (ii) substituted "students" for "individuals" wherever
appearing and "deaf from grades nine through twelve, inclusive,"
for "deaf,".
Subsec. (b)(1). Pub. L. 103-73, Sec. 203(d)(3), substituted
"infants, children, and youth" for "infants and children" in
subpar. (A) and a period for the semicolon at end of subpar. (C).
Subsec. (b)(4). Pub. L. 103-73, Sec. 203(d)(4), substituted
"program" for "programs" in subpar. (A), "the child to and from
that program" for "students to and from those programs" in subpar.
(B), and "a decision" for "decisions" in subpar. (C)(iii).
EFFECTIVE DATE OF 1998 AMENDMENT
Amendment by Pub. L. 105-244 effective Oct. 1, 1998, except as
otherwise provided in Pub. L. 105-244, see section 3 of Pub. L. 105-
244, set out as a note under section 1001 of this title.
EFFECTIVE DATE
Section effective Oct. 1, 1992, see section 161 of Pub. L. 102-
421, set out as an Effective Date of 1992 Amendment note under
section 4301 of this title.