20 U.S.C. § 1412
Section 1412 · State eligibility
Viewing 20 U.S.C. § 1412 as in effect on October 7, 1991. The text changed in 3 later editions (most recent December 10, 2015).
View current version →In order to qualify for assistance under this subchapter in any fiscal year, a State shall demonstrate to the Secretary that the following conditions are met:
(1) The State has in effect a policy that assures all children with disabilities the right to a free appropriate public education.
(2) The State has developed a plan pursuant to section 1413(b) of this title in effect prior to November 29, 1975, and submitted not later than August 21, 1975, which will be amended so as to comply with the provisions of this paragraph. Each such amended plan shall set forth in detail the policies and procedures which the State will undertake or has undertaken in order to assure that—
(A) there is established (i) a goal of providing full educational opportunity to all children with disabilities, (ii) a detailed timetable for accomplishing such a goal, and (iii) a description of the kind and number of facilities, personnel, and services necessary throughout the State to meet such a goal;
(B) a free appropriate public education will be available for all children with disabilities between the ages of three and eighteen within the State not later than September 1, 1978, and for all children with disabilities between the ages of three and twenty-one within the State not later than September 1, 1980, except that, with respect to children with disabilities aged three to five and aged eighteen to twenty-one, inclusive, the requirements of this clause shall not be applied in any State if the application of such requirements would be inconsistent with State law or practice, or the order of any court, respecting public education within such age groups in the State;
(C) all children residing in the State who are disabled, regardless of the severity of their disability, and who are in need of special education and related services are identified, located, and evaluated, and that a practical method is developed and implemented to determine which children are currently receiving needed special education and related services and which children are not currently receiving needed special education and related services;
(D) policies and procedures are established in accordance with detailed criteria prescribed under section 1417(c) of this title; and
(E) any amendment to the plan submitted by the State required by this section shall be available to parents, guardians, and other members of the general public at least thirty days prior to the date of submission of the amendment to the Secretary.
(3) The State has established priorities for providing a free appropriate public education to all children with disabilities, which priorities shall meet the timetables set forth in clause (B) of paragraph (2) of this section, first with respect to children with disabilities who are not receiving an education, and second with respect to children with disabilities, within each disability category, with the most severe disabilities who are receiving an inadequate education, and has made adequate progress in meeting the timetables set forth in clause (B) of paragraph (2) of this section.
(4) Each local educational agency in the State will maintain records of the individualized education program for each child with a disability, and such program shall be established, reviewed, and revised as provided in section 1414(a)(5) of this title.
(5) The State has established (A) procedural safeguards as required by section 1415 of this title, (B) procedures to assure that, to the maximum extent appropriate, children with disabilities, including children in public or private institutions or other care facilities, are educated with children who are not disabled, and that special classes, separate schooling, or other removal of children with disabilities from the regular educational environment occurs only when the nature or severity of the disability is such that education in regular classes with the use of supplementary aids and services cannot be achieved satisfactorily, and (C) procedures to assure that testing and evaluation materials and procedures utilized for the purposes of evaluation and placement of children with disabilities will be selected and administered so as not to be racially or culturally discriminatory. Such materials or procedures shall be provided and administered in the child's native language or mode of communication, unless it clearly is not feasible to do so, and no single procedure shall be the sole criterion for determining an appropriate educational program for a child.
(6) The State educational agency shall be responsible for assuring that the requirements of this subchapter are carried out and that all educational programs for children with disabilities within the State, including all such programs administered by any other State or local agency, will be under the general supervision of the persons responsible for educational programs for children with disabilities in the State educational agency and shall meet education standards of the State educational agency. This paragraph shall not be construed to limit the responsibility of agencies other than educational agencies in a State from providing or paying for some or all of the costs of a free appropriate public education to be provided children with disabilities in the State.
(7) The State shall assure that (A) in carrying out the requirements of this section procedures are established for consultation with individuals involved in or concerned with the education of children with disabilities, including individuals with disabilities and parents or guardians of children with disabilities, and (B) there are public hearings, adequate notice of such hearings, and an opportunity for comment available to the general public prior to adoption of the policies, programs, and procedures required pursuant to the provisions of this section and section 1413 of this title.
Editorial notes U.S. Code · Office of the Law Revision Counsel
Amendments
1991—Pub. L. 102 119, §25(b), amended directory language of Pub. L. 101 476, §901(b). See 1990 Amendment note below.
Par. (3). Pub. L. 102 119, §25(a)(5), substituted “first with respect to children with disabilities” for “first with respect to handicapped children”.
1990—Pub. L. 101 476, §901(b), was amended in its directory language by Pub. L. 102 119, §25(b), requiring no change in text.
Pars. (1), (2)(A), (B). Pub. L. 101 476, §901(b)(33), (34), substituted “children with disabilities” for “handicapped children” wherever appearing.
Par. (2)(C). Pub. L. 101 476, §901(b)(36), (37), substituted “disabled” for “handicapped” and “disability” for “handicap”.
Par. (3). Pub. L. 101 476, §901(b)(38), (39), (c), substituted “children with disabilities,” for “handicapped children,” in two places, substituted “disabilities” for “handicaps”, and inserted “category” after “disability”.
Par. (4). Pub. L. 101 476, §901(b)(40), substituted “child with a disability” for “handicapped child”.
Par. (5). Pub. L. 101 476, §901(b)(41) (43), substituted “children with disabilities” for “handicapped children” in three places, “disabled” for “handicapped”, and “disability” for “handicap”.
Par. (6). Pub. L. 101 476, §901(b)(44), substituted “children with disabilities” for “handicapped children” in three places.
Par. (7). Pub. L. 101 476, §901(b)(45), (46), substituted “children with disabilities” for “handicapped children” in two places and “individuals with disabilities” for “handicapped individuals”.
1988—Pub. L. 100 630, §102(b)(1), realigned margin of pars. (1) to (7).
Par. (2). Pub. L. 100 630, §102(b), realigned margins of subpars. (A) to (E) and, in subpar. (E), substituted “any amendment” for “the amendment”.
1986—Par. (6). Pub. L. 99 457 inserted provision that this paragraph not be construed to limit responsibilities of agencies other than educational agencies from providing for costs of education for handicapped children.
1983—Pub. L. 98 199 substituted “Secretary” for “Commissioner” in provision preceding par. (1) and in par. (2)(E).
1975—Pub. L. 94 142, §5(a), effective Oct. 1, 1977, completely revised section so as to incorporate within its provisions seven conditions which must be met by States in order to qualify for assistance. Pending the effective date of that revision, Pub. L. 94 142 amended this section as it applies through the end of the fiscal year ending Sept. 30, 1977, as described below.
Subsec. (a). Pub. L. 94 142, §2(a)(4), (c), effective for period from July 1, 1975, through end of fiscal year ending Sept. 30, 1977, substituted “years ending June 30, 1975, and 1976, for the period beginning July 1, 1976, and ending September 30, 1976, and for the fiscal year ending September 30, 1977” for “year ending June 30, 1975” and “preceding fiscal year” for “fiscal year 1974” and inserted “, or $300,000, whichever is greater” after “preceding fiscal year”.
Subsec. (d). Pub. L. 94 142, §2(d), effective for period from Nov. 29, 1975, through end of fiscal year ending Sept. 30, 1977, added subsec. (d).
1974—Pub. L. 93 380, §614(b), as amended by Pub. L. 94 142, §2(b)(2), amended section generally, effective for fiscal years ending June 30, 1975, and 1976, for period beginning July 1, 1976, and ending Sept. 30, 1976, and for fiscal year ending Sept. 30, 1977.
Subsec. (a)(1). Pub. L. 93 380, §843(b)(3), reduced rate from “3” to “1” per centum, effective after June 30, 1975.
Subsec. (a)(1)(A). Pub. L. 93 380, §843(b)(1), struck “Puerto Rico,” before “Guam”, effective after June 30, 1975.
Subsec. (a)(1)(B). Pub. L. 93 380, §614(f)(1), substituted “1977” for “1973”, effective on and after July 1, 1973.
Subsec. (a)(2). Pub. L. 93 380, §§615(a)(1), 843(b)(2), substituted $300,000 for $200,000, effective on and after July 1, 1975; and struck out “the Commonwealth of Puerto Rico,” before “Guam”, effective after June 30, 1975.
Subsec. (a)(3). Pub. L. 93 380, §615(a)(2), added par. (3), effective on and after July 1, 1975.
1972—Subsec. (a)(1)(B). Pub. L. 92 318 substituted “July 1, 1973” for “July 1, 1972”.
Effective Date of 1990 Amendment
Amendment by Pub. L. 101 476 effective Oct. 1, 1990, see section 1001 of Pub. L. 101 476, set out as a note under section 1087ee of this title.
Effective Date of 1983 Amendment
Amendment by Pub. L. 98 199 effective Dec. 2, 1983, see section 18 of Pub. L. 98 199, set out as a note under section 1401 of this title.
Effective Date of 1975 Amendment
Amendment of subsec. (a) as in effect through Sept. 30, 1977, by section 2(a)(4), (c) of Pub. L. 94 142 effective July 1, 1975, see section 8(a) of Pub. L. 94 142, set out as a note under section 1411 of this title.
Enactment of subsec. (d) as in effect through Sept. 30, 1977, by section 2(d) of Pub. L. 94 142 effective Nov. 29, 1975, see section 8(b) of Pub. L. 94 142, set out as a note under section 1411 of this title.
Complete revision of this section by section 5(a) of Pub. L. 94 142 effective Oct. 1, 1977, except for clauses (A), (C), (D), and (E) of par. (2) of this section as so revised which are effective Nov. 29, 1975, see section 8(c) of Pub. L. 94 142, set out as a note under section 1411 of this title.
Effective Date of 1974 Amendment
Section 614(b) of Pub. L. 93 380 which, as originally enacted, provided that the 1974 amendment of this section by section 614(b) of Pub. L. 93 380 was effective for fiscal year 1975 only, was amended by section 2(b)(2) of Pub. L. 94 142 to extend the life of the amendment of this section by section 614(b) of Pub. L. 93 380 by making it effective for the fiscal years ending June 30, 1975, and 1976, the period beginning July 1, 1976, and ending Sept. 30, 1976, and the fiscal year ending Sept. 30, 1977.
Section 614(f)(2) of Pub. L. 93 380 provided that: “The amendment made by this subsection [amending this section] shall be effective on and after July 1, 1973.”
Section 615(a) of Pub. L. 93 380 provided that the amendment made by that section is effective on and after July 1, 1975.
Section 615(d) of Pub. L. 93 380, as amended by Pub. L. 101 476, title IX, §901(a)(3), Oct. 30, 1990, 104 Stat. 1142, provided that: “The amendment made by subsections (a)(1) and (b) of this section [amending this section and section 1413 of this title] shall be effective in any fiscal year for which the aggregate of the amounts allotted to the States for that fiscal year for carrying out part B of the Individuals with Disabilities Education Act [this subchapter] is $45,000,000 or more.”
Section 843(b) of Pub. L. 93 380 provided that the amendment made by that section is effective after June 30, 1975.