20 U.S.C. § 1400 — Short title; findings; purposes

Page 927 TITLE 20—EDUCATION § 1400 Section 1393e, Pub. L. 88–210, title I, § 196, as added Pub. L. 93–380, title VIII, § 841(a)(7), Aug. 21, 1974, 88 Stat. 609, set forth application requirements for grants and contracts for bilingual vocational training pro- grams. Section 1393f, Pub. L. 88–210, title I, § 197, as added Pub. L. 93–380, title VIII, § 841(a)(7), Aug. 21, 1974, 88 Stat. 609; amended Pub. L. 94–482, title V, § 501(j)(2), Oct. 12, 1976, 90 Stat. 2237, set forth criteria for approval by Commissioner of applications for grants and contracts for bilingual vocational training programs. CHAPTER 33—EDUCATION OF INDIVIDUALS WITH DISABILITIES SUBCHAPTER I—GENERAL PROVISIONS Sec. 1400. Short title; findings; purposes. 1401. Definitions. 1402. Office of Special Education Programs. 1403. Abrogation of State sovereign immunity. 1404. Acquisition of equipment; construction or al- teration of facilities. 1405. Employment of individuals with disabilities. 1406. Requirements for prescribing regulations. 1407. State administration. 1408. Paperwork reduction. 1409. Freely associated States. SUBCHAPTER II—ASSISTANCE FOR EDUCATION OF ALL CHILDREN WITH DISABILITIES 1411. Authorization; allotment; use of funds; au- thorization of appropriations. 1412. State eligibility. 1413. Local educational agency eligibility. 1414. Evaluations, eligibility determinations, indi- vidualized education programs, and edu- cational placements. 1415. Procedural safeguards. 1416. Monitoring, technical assistance, and en- forcement. 1417. Administration. 1418. Program information. 1419. Preschool grants. SUBCHAPTER III—INFANTS AND TODDLERS WITH DISABILITIES 1431. Findings and policy. 1432. Definitions. 1433. General authority. 1434. Eligibility. 1435. Requirements for statewide system. 1436. Individualized family service plan. 1437. State application and assurances. 1438. Uses of funds. 1439. Procedural safeguards. 1440. Payor of last resort. 1441. State interagency coordinating council. 1442. Federal administration. 1443. Allocation of funds. 1444. Authorization of appropriations. SUBCHAPTER IV—NATIONAL ACTIVITIES TO IM- PROVE EDUCATION OF CHILDREN WITH DIS- ABILITIES 1450. Findings. PART A—STATE PERSONNEL DEVELOPMENT GRANTS 1451. Purpose; definition of personnel; program au- thority. 1452. Eligibility and collaborative process. 1453. Applications. 1454. Use of funds. 1455. Authorization of appropriations. PART B—PERSONNEL PREPARATION, TECHNICAL ASSIST- ANCE, MODEL DEMONSTRATION PROJECTS, AND DIS- SEMINATION OF INFORMATION 1461. Purpose; definition of eligible entity. Sec. 1462. Personnel development to improve services and results for children with disabilities. 1463. Technical assistance, demonstration projects, dissemination of information, and imple- mentation of scientifically based research. 1464. Studies and evaluations. 1465. Interim alternative educational settings, be- havioral supports, and systemic school interventions. 1466. Authorization of appropriations. PART C—SUPPORTS TO IMPROVE RESULTS FOR CHILDREN WITH DISABILITIES 1470. Purposes. 1471. Parent training and information centers. 1472. Community parent resource centers. 1473. Technical assistance for parent training and information centers. 1474. Technology development, demonstration, and utilization; media services; and instruc- tional materials. 1475. Authorization of appropriations. PART D—GENERAL PROVISIONS 1481. Comprehensive plan for parts B and C. 1482. Administrative provisions. Editorial Notes CODIFICATION The Individuals with Disabilities Education Act, comprising this chapter, was originally enacted as title VI of Pub. L. 91–230, Apr. 13, 1970, 84 Stat. 175, known as the Education of the Handicapped Act, and amended by Pub. L. 92–318, June 23, 1972, 86 Stat. 235; Pub. L. 93–380, Aug. 21, 1974, 88 Stat. 484; Pub. L. 94–142, Nov. 29, 1975, 89 Stat. 773; Pub. L. 95–49, June 17, 1977, 91 Stat. 230; Pub. L. 95–561, Nov. 1, 1978, 92 Stat. 2143; Pub. L. 96–270, June 14, 1980, 94 Stat. 487; Pub. L. 98–199, Dec. 2, 1983, 97 Stat. 1357; Pub. L. 99–159, Nov. 22, 1985, 99 Stat. 887; Pub. L. 99–362, July 9, 1986, 100 Stat. 769; Pub. L. 99–372, Aug. 5, 1986, 100 Stat. 796; Pub. L. 99–457, Oct. 8, 1986, 100 Stat. 1145; Pub. L. 100–630, Nov. 7, 1988, 102 Stat. 3289; Pub. L. 101–476, Oct. 30, 1990, 104 Stat. 1103; Pub. L. 102–73, July 25, 1991, 105 Stat. 333; Pub. L. 102–119, Oct. 7, 1991, 105 Stat. 587; Pub. L. 102–421, Oct. 16, 1992, 106 Stat. 2151; Pub. L. 102–569, Oct. 29, 1992, 106 Stat. 4344; Pub. L. 103–73, Aug. 11, 1993, 107 Stat. 718; Pub. L. 103–218, Mar. 9, 1994, 108 Stat. 50; Pub. L. 103–382, Oct. 20, 1994, 108 Stat. 3518; Pub. L. 105–17, June 4, 1997, 111 Stat. 37; Pub. L. 105–244, Oct. 7, 1998, 112 Stat. 1581; Pub. L. 106–25, Apr. 29, 1999, 113 Stat. 41; Pub. L. 106–402, Oct. 30, 2000, 114 Stat. 1677; Pub. L. 107–110, Jan. 8, 2002, 115 Stat. 1425; Pub. L. 108–173, Dec. 8, 2003, 117 Stat. 2066. Title VI is shown herein, however, as having been added by Pub. L. 108–446, title I, § 101, Dec. 3, 2004, 118 Stat. 2647, without reference to those intervening amendments because of the extensive revision of title VI by Pub. L. 108–446. SUBCHAPTER I—GENERAL PROVISIONS § 1400. Short title; findings; purposes (a) Short title This chapter may be cited as the ‘‘Individuals with Disabilities Education Act’’. (b) Omitted (c) Findings 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 ele- ment of our national policy of ensuring equal- Page 928 TITLE 20—EDUCATION § 1400 ity of opportunity, full participation, inde- pendent living, and economic self-sufficiency for individuals with disabilities. (2) Before the date of enactment of the Edu- cation for All Handicapped Children Act of 1975 (Public Law 94–142), the educational needs of millions of children with disabilities were not being fully met because— (A) the children did not receive appro- priate educational services; (B) the children were excluded entirely from the public school system and from being educated with their peers; (C) undiagnosed disabilities prevented the children from having a successful edu- cational experience; or (D) a lack of adequate resources within the public school system forced families to find services outside the public school system. (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 ap- propriate public education and in improving educational results for children with disabil- ities. (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 dis- abilities. (5) Almost 30 years of research and experi- ence has demonstrated that the education of children with disabilities can be made more ef- fective by— (A) having high expectations for such chil- dren and ensuring their access to the general education curriculum in the regular class- room, to the maximum extent possible, in order to— (i) meet developmental goals and, to the maximum extent possible, the challenging expectations that have been established for all children; and (ii) be prepared to lead productive and independent adult lives, to the maximum extent possible; (B) strengthening the role and responsi- bility of parents and ensuring that families of such children have meaningful opportuni- ties 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, includ- ing improvement efforts under the Elemen- tary and Secondary Education Act of 1965 [20 U.S.C. 6301 et seq.], 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 such children are sent; (D) providing appropriate special edu- cation and related services, and aids and supports in the regular classroom, to such children, whenever appropriate; (E) supporting high-quality, intensive preservice preparation and professional de- velopment for all personnel who work with children with disabilities in order to ensure that such personnel have the skills and knowledge necessary to improve the aca- demic achievement and functional perform- ance of children with disabilities, including the use of scientifically based instructional practices, to the maximum extent possible; (F) providing incentives for whole-school approaches, scientifically based early read- ing programs, positive behavioral interven- tions and supports, and early intervening services to reduce the need to label children as disabled in order to address the learning and behavioral needs of such children; (G) focusing resources on teaching and learning while reducing paperwork and re- quirements that do not assist in improving educational results; and (H) supporting the development and use of technology, including assistive technology devices and assistive technology services, to maximize accessibility for children with dis- abilities. (6) While States, local educational agencies, and educational service agencies are primarily responsible for providing an education for all children with disabilities, it is in the national interest that the Federal Government have a supporting role in assisting State and local ef- forts to educate children with disabilities in order to improve results for such children and to ensure equal protection of the law. (7) 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. (8) Parents and schools should be given ex- panded opportunities to resolve their disagree- ments in positive and constructive ways. (9) Teachers, schools, local educational agen- cies, and States should be relieved of irrele- vant and unnecessary paperwork burdens that do not lead to improved educational outcomes. (10)(A) The Federal Government must be re- sponsive to the growing needs of an increas- ingly diverse society. (B) America’s ethnic profile is rapidly changing. In 2000, 1 of every 3 persons in the United States was a member of a minority group or was limited English proficient. (C) Minority children comprise an increasing percentage of public school students. (D) With such changing demographics, re- cruitment efforts for special education per- sonnel should focus on increasing the partici- pation of minorities in the teaching profession in order to provide appropriate role models with sufficient knowledge to address the spe- cial education needs of these students. (11)(A) The limited English proficient popu- lation is the fastest growing in our Nation, and the growth is occurring in many parts of our Nation. (B) Studies have documented apparent dis- crepancies in the levels of referral and place- ment of limited English proficient children in special education. (C) Such discrepancies pose a special chal- lenge for special education in the referral of, assessment of, and provision of services for, Page 929 TITLE 20—EDUCATION § 1400 our Nation’s students from non-English lan- guage backgrounds. (12)(A) Greater efforts are needed to prevent the intensification of problems connected with mislabeling and high dropout rates among mi- nority children with disabilities. (B) More minority children continue to be served in special education than would be ex- pected from the percentage of minority stu- dents in the general school population. (C) African-American children are identified as having intellectual disabilities and emo- tional disturbance at rates greater than their White counterparts. (D) In the 1998–1999 school year, African- American children represented just 14.8 per- cent of the population aged 6 through 21, but comprised 20.2 percent of all children with dis- abilities. (E) Studies have found that schools with pre- dominately White students and teachers have placed disproportionately high numbers of their minority students into special edu- cation. (13)(A) As the number of minority students in special education increases, the number of minority teachers and related services per- sonnel produced in colleges and universities continues to decrease. (B) The opportunity for full participation by minority individuals, minority organizations, and Historically Black Colleges and Univer- sities in awards for grants and contracts, boards of organizations receiving assistance under this chapter, peer review panels, and training of professionals in the area of special education is essential to obtain greater suc- cess in the education of minority children with disabilities. (14) As the graduation rates for children with disabilities continue to climb, providing effective transition services to promote suc- cessful post-school employment or education is an important measure of accountability for children with disabilities. (d) Purposes The purposes of this chapter are— (1)(A) to ensure that all children with dis- abilities have available to them a free appro- priate public education that emphasizes spe- cial education and related services designed to meet their unique needs and prepare them for further education, employment, and inde- pendent 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 pro- vide for the education of all children with dis- abilities; (2) to assist States in the implementation of a statewide, comprehensive, coordinated, mul- tidisciplinary, 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 edu- cational results for children with disabilities by supporting system improvement activities; coordinated research and personnel prepara- tion; coordinated technical assistance, dis- semination, and support; and technology de- velopment 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. 108–446, title I, § 101, Dec. 3, 2004, 118 Stat. 2647; amended Pub. L. 111–256, § 2(b)(1), Oct. 5, 2010, 124 Stat. 2643.) 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 Amend- ment 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. 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, § 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 gen- eral 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 Indi- viduals 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 Edu- cation 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, Page 930 TITLE 20—EDUCATION § 1400 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, sec- tion 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, omit- ting sections 1445, 1456, and 1483 to 1487 of this title, en- acting 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, § 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 Disabil- ities Education Act Amendments of 1997’.’’ SHORT TITLE OF 1991 AMENDMENT 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’.’’ SHORT TITLE OF 1990 AMENDMENT Pub. L. 101–476, § 1(a), Oct. 30, 1990, 104 Stat. 1103, pro- vided 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, § 1, Nov. 7, 1988, 102 Stat. 3289, pro- vided 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 provi- sions set out as notes under sections 101, 1419, and 1432 of this title and sections 731 and 777c of Title 29, and re- pealing 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, pro- vided 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 Chil- dren’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, omit- ting 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 ‘Edu- cation 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 sec- tion and sections 1232, 1401, 1411, 1411 notes, 1412, 1412 note, 1413, 1413 note, 1414, and 1453 of this title, and en- acting provisions set out as a note under section 1411 of this title] may be cited as the ‘Education for All Handi- capped 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 en- acting provisions set out as notes under sections 1402 and 1411 to 1413 of this title] may be cited as the ‘Edu- cation 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 re- tardation shall be considered to be a reference to an intellectual disability; and ‘‘(B) a reference in the regulations to the men- tally retarded, or individuals who are mentally re- tarded, shall be considered to be a reference to indi- viduals with intellectual disabilities; and ‘‘(2) in amending the regulations to carry out this Act, a Federal agency shall ensure that the regula- tions 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 in- tellectual disability’ for ‘mental retardation’, and ‘in- dividuals with intellectual disabilities’ for ‘the men- tally retarded’ or ‘individuals who are mentally re- tarded’, without any intent to— ‘‘(1) change the coverage, eligibility, rights, respon- sibilities, or definitions referred to in the amended provisions; or Page 931 TITLE 20—EDUCATION § 1401 ‘‘(2) compel States to change terminology in State laws for individuals covered by a provision amended by this Act.’’ TRANSITION Pub. L. 108–446, title III, § 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 Edu- cation 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 Edu- cation 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 ap- propriated under part D of the Individuals with Disabil- ities Education Act [subchapter IV of this chapter] to make continuation awards for projects that were fund- ed 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 Ta- bles 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, § 901(a)(3), Oct. 30, 1990, 104 Stat. 1142, provided that: ‘‘Any other Act and any regu- lation which refers to the Education of the Handi- capped Act shall be considered to refer to the Individ- uals with Disabilities Education Act.’’ DEFINITIONS Pub. L. 111–256, § 2(k), Oct. 5, 2010, 124 Stat. 2644, pro- vided 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 Wel- fare, 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 dis- abilities 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.’’ § 1401. Definitions Except as otherwise provided, in this chapter: (1) Assistive technology device (A) In general The term ‘‘assistive technology device’’ means any item, piece of equipment, or product system, whether acquired commer- cially off the shelf, modified, or customized, that is used to increase, maintain, or im- prove functional capabilities of a child with a disability. (B) Exception The term does not include a medical de- vice that is surgically implanted, or the re- placement of such device. (2) Assistive technology service The term ‘‘assistive technology service’’ means any service that directly assists a child with a disability in the selection, acquisition, or use of an assistive technology device. Such term includes— (A) the evaluation of the needs of such child, including a functional evaluation of the child in the child’s customary environ- ment; (B) purchasing, leasing, or otherwise pro- viding for the acquisition of assistive tech- nology devices by such child; (C) selecting, designing, fitting, custom- izing, adapting, applying, maintaining, re- pairing, or replacing assistive technology de- vices; (D) coordinating and using other therapies, interventions, or services with assistive technology devices, such as those associated with existing education and rehabilitation plans and programs; (E) training or technical assistance for such child, or, where appropriate, the family of such child; and (F) training or technical assistance for professionals (including individuals pro- viding education and rehabilitation serv- ices), employers, or other individuals who provide services to, employ, or are otherwise substantially involved in the major life func- tions of such child. (3) Child with a disability (A) In general The term ‘‘child with a disability’’ means a child— (i) with intellectual disabilities, hearing impairments (including deafness), speech or language impairments, visual impair- ments (including blindness), serious emo- tional disturbance (referred to in this chapter as ‘‘emotional disturbance’’), or- thopedic impairments, autism, traumatic brain injury, other health impairments, or specific learning disabilities; and (ii) who, by reason thereof, needs special education and related services. (B) Child aged 3 through 9 The term ‘‘child with a disability’’ for a child aged 3 through 9 (or any subset of that age range, including ages 3 through 5), may, at the discretion of the State and the local educational agency, include a child— (i) experiencing developmental delays, as defined by the State and as measured by appropriate diagnostic instruments and procedures, in 1 or more of the following areas: physical development; cognitive de- velopment; communication development; social or emotional development; or adapt- ive development; and