Title 20 — Education
Chapter 33 — Education of Individuals with Disabilities
§ 1401. Definitions
Statutory text
Except as otherwise provided, in this chapter:
Assistive technology device
In general
The term “assistive technology device” means any item, piece of equipment, or product system, whether acquired commercially off the shelf, modified, or customized, that is used to increase, maintain, or improve functional capabilities of a child with a disability.
Exception
The term does not include a medical device that is surgically implanted, or the replacement of such device.
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—
the evaluation of the needs of such child, including a functional evaluation of the child in the child’s customary environment;
purchasing, leasing, or otherwise providing for the acquisition of assistive technology devices by such child;
selecting, designing, fitting, customizing, adapting, applying, maintaining, repairing, or replacing assistive technology devices;
coordinating and using other therapies, interventions, or services with assistive technology devices, such as those associated with existing education and rehabilitation plans and programs;
training or technical assistance for such child, or, where appropriate, the family of such child; and
training or technical assistance for professionals (including individuals providing education and rehabilitation services), employers, or other individuals who provide services to, employ, or are otherwise substantially involved in the major life functions of such child.
Child with a disability
In general
The term “child with a disability” means a child—
with intellectual disabilities, hearing impairments (including deafness), speech or language impairments, visual impairments (including blindness), serious emotional disturbance (referred to in this chapter as “emotional disturbance”), orthopedic impairments, autism, traumatic brain injury, other health impairments, or specific learning disabilities; and
who, by reason thereof, needs special education and related services.
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—
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 development; communication development; social or emotional development; or adaptive development; and
who, by reason thereof, needs special education and related services.
Repealed. Pub. L. 114–95, title IX, § 9215(ss)(1)(A), , 129 Stat. 2181
Educational service agency
The term “educational service agency”—
means a regional public multiservice agency—
authorized by State law to develop, manage, and provide services or programs to local educational agencies; and
recognized as an administrative agency for purposes of the provision of special education and related services provided within public elementary schools and secondary schools of the State; and
includes any other public institution or agency having administrative control and direction over a public elementary school or secondary school.
Elementary school
The term “elementary school” means a nonprofit institutional day or residential school, including a public elementary charter school, that provides elementary education, as determined under State law.
Equipment
The term “equipment” includes—
machinery, utilities, and built-in equipment, and any necessary enclosures or structures to house such machinery, utilities, or equipment; and
all other items necessary for the functioning of a particular facility as a facility for the provision of educational services, including items such as instructional equipment and necessary furniture; printed, published, and audio-visual instructional materials; telecommunications, sensory, and other technological aids and devices; and books, periodicals, documents, and other related materials.
Excess costs
The term “excess costs” means those costs that are in excess of the average annual per-student expenditure in a local educational agency during the preceding school year for an elementary school or secondary school student, as may be appropriate, and which shall be computed after deducting—
amounts received—
under subchapter II;
under part A of title I of the Elementary and Secondary Education Act of 1965 [20 U.S.C. 6311 et seq.]; and
under part A of title III of that Act [20 U.S.C. 6811 et seq.]; and
any State or local funds expended for programs that would qualify for assistance under any of those parts.
Free appropriate public education
The term “free appropriate public education” means special education and related services that—
have been provided at public expense, under public supervision and direction, and without charge;
meet the standards of the State educational agency;
include an appropriate preschool, elementary school, or secondary school education in the State involved; and
are provided in conformity with the individualized education program required under section 1414(d) of this title.
Repealed. Pub. L. 114–95, title IX, § 9214(d)(1), , 129 Stat. 2164
Homeless children
The term “homeless children” has the meaning given the term “homeless children and youths” in section 11434a of title 42.
Indian
The term “Indian” means an individual who is a member of an Indian tribe.
Indian tribe
The term “Indian tribe” means any Federal or State Indian tribe, band, rancheria, pueblo, colony, or community, including any Alaska Native village or regional village corporation (as defined in or established under the Alaska Native Claims Settlement Act (43 U.S.C. 1601 et seq.)).
Individualized education program; IEP
The term “individualized education program” or “IEP” means a written statement for each child with a disability that is developed, reviewed, and revised in accordance with section 1414(d) of this title.
Individualized family service plan
The term “individualized family service plan” has the meaning given the term in section 1436 of this title.
Infant or toddler with a disability
The term “infant or toddler with a disability” has the meaning given the term in section 1432 of this title.
Institution of higher education
The term “institution of higher education”—
has the meaning given the term in section 1001 of this title; and
also includes any college or university receiving funding from the Secretary of the Interior under the Tribally Controlled Colleges and Universities Assistance Act of 1978 [25 U.S.C. 1801 et seq.].
Limited English proficient
The term “limited English proficient” has the meaning given the term “English learner” in section 8101 of the Elementary and Secondary Education Act of 1965 [20 U.S.C. 7801].
Local educational agency
In general
The term “local educational agency” means a public board of education or other public authority legally constituted within a State for either administrative control or direction of, or to perform a service function for, public elementary schools or secondary schools in a city, county, township, school district, or other political subdivision of a State, or for such combination of school districts or counties as are recognized in a State as an administrative agency for its public elementary schools or secondary schools.
Educational service agencies and other public institutions or agencies
The term includes—
an educational service agency; and
any other public institution or agency having administrative control and direction of a public elementary school or secondary school.
BIA funded schools
The term includes an elementary school or secondary school funded by the Bureau of Indian Affairs, but only to the extent that such inclusion makes the school eligible for programs for which specific eligibility is not provided to the school in another provision of law and the school does not have a student population that is smaller than the student population of the local educational agency receiving assistance under this chapter with the smallest student population, except that the school shall not be subject to the jurisdiction of any State educational agency other than the Bureau of Indian Affairs.
Native language
The term “native language”, when used with respect to an individual who is limited English proficient, means the language normally used by the individual or, in the case of a child, the language normally used by the parents of the child.
Nonprofit
The term “nonprofit”, as applied to a school, agency, organization, or institution, means a school, agency, organization, or institution owned and operated by 1 or more nonprofit corporations or associations no part of the net earnings of which inures, or may lawfully inure, to the benefit of any private shareholder or individual.
Outlying area
The term “outlying area” means the United States Virgin Islands, Guam, American Samoa, and the Commonwealth of the Northern Mariana Islands.
Parent
The term “parent” means—
a natural, adoptive, or foster parent of a child (unless a foster parent is prohibited by State law from serving as a parent);
a guardian (but not the State if the child is a ward of the State);
an individual acting in the place of a natural or adoptive parent (including a grandparent, stepparent, or other relative) with whom the child lives, or an individual who is legally responsible for the child’s welfare; or
except as used in sections 1415(b)(2) and 1439(a)(5) of this title, an individual assigned under either of those sections to be a surrogate parent.
Parent organization
The term “parent organization” has the meaning given the term in section 1471(g) of this title.
Parent training and information center
The term “parent training and information center” means a center assisted under section 1471 or 1472 of this title.
Related services
In general
The term “related services” means transportation, and such developmental, corrective, and other supportive services (including speech-language pathology and audiology services, interpreting services, psychological services, physical and occupational therapy, recreation, including therapeutic recreation, social work services, school nurse services designed to enable a child with a disability to receive a free appropriate public education as described in the individualized education program of the child, counseling services, including rehabilitation counseling, orientation and mobility services, and medical services, except that such medical services shall be for diagnostic and evaluation purposes only) as may be required to assist a child with a disability to benefit from special education, and includes the early identification and assessment of disabling conditions in children.
Exception
The term does not include a medical device that is surgically implanted, or the replacement of such device.
Secondary school
The term “secondary school” means a nonprofit institutional day or residential school, including a public secondary charter school, that provides secondary education, as determined under State law, except that it does not include any education beyond grade 12.
Secretary
The term “Secretary” means the Secretary of Education.
Special education
The term “special education” means specially designed instruction, at no cost to parents, to meet the unique needs of a child with a disability, including—
instruction conducted in the classroom, in the home, in hospitals and institutions, and in other settings; and
instruction in physical education.
Specific learning disability
In general
The term “specific learning disability” means a disorder in 1 or more of the basic psychological processes involved in understanding or in using language, spoken or written, which disorder may manifest itself in the imperfect ability to listen, think, speak, read, write, spell, or do mathematical calculations.
Disorders included
Such term includes such conditions as perceptual disabilities, brain injury, minimal brain dysfunction, dyslexia, and developmental aphasia.
Disorders not included
Such term does not include a learning problem that is primarily the result of visual, hearing, or motor disabilities, of intellectual disabilities, of emotional disturbance, or of environmental, cultural, or economic disadvantage.
State
The term “State” means each of the 50 States, the District of Columbia, the Commonwealth of Puerto Rico, and each of the outlying areas.
State educational agency
The term “State educational agency” means the State board of education or other agency or officer primarily responsible for the State supervision of public elementary schools and secondary schools, or, if there is no such officer or agency, an officer or agency designated by the Governor or by State law.
Supplementary aids and services
The term “supplementary aids and services” means aids, services, and other supports that are provided in regular education classes or other education-related settings to enable children with disabilities to be educated with nondisabled children to the maximum extent appropriate in accordance with section 1412(a)(5) of this title.
Transition services
The term “transition services” means a coordinated set of activities for a child with a disability that—
is designed to be within a results-oriented process, that is focused on improving the academic and functional achievement of the child with a disability to facilitate the child’s movement from school to post-school activities, including post-secondary education, vocational education, integrated employment (including supported employment), continuing and adult education, adult services, independent living, or community participation;
is based on the individual child’s needs, taking into account the child’s strengths, preferences, and interests; and
includes instruction, related services, community experiences, the development of employment and other post-school adult living objectives, and, when appropriate, acquisition of daily living skills and functional vocational evaluation.
Universal design
The term “universal design” has the meaning given the term in section 3002 of title 29.
Ward of the State
In general
The term “ward of the State” means a child who, as determined by the State where the child resides, is a foster child, is a ward of the State, or is in the custody of a public child welfare agency.
Exception
The term does not include a foster child who has a foster parent who meets the definition of a parent in paragraph (23).
Legislative history
Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.
Education of the Handicapped Act
Pub. L. 91–230 title VI § 602 · 84 Stat. 121
Enacted · 20 U.S.C. § 1401
Pub. L. 91–230, title VI, § 602, as added Pub. L. 108–446, title I, § 101, Dec. 3, 2004, 118 Stat. 2652
Source evidence
Code source credit
Pub. L. 91–230, title VI, § 602, as added Pub. L. 108–446, title I, § 101, Dec. 3, 2004, 118 Stat. 2652Enacted provision · exact public law section
Sec. 602. definitions As used in this title— (1) The term “handicapped children” means mentally retarded, hard of hearing, deaf, speech impaired, visually handicapped, seriously emotionally disturbed, crippled, or other health impaired children who by reason thereof require special education and related services. (2) The term “Commissioner” means the Commissioner of Education. (3) The term “Advisory Committee” means the National Advisory Committee on Handicapped Children. (4) The term “construction”, except where otherwise specified, means (A) erection of new or expansion of existing structures, and the acquisition and installation of equipment therefor; or (B) acquisition of existing structures not owned by any agency or institution making application for assistance under this title; or (C) remodeling or alteration (including the acquisition, installation, modernization, or replacement of equipment) of existing structures; or (D) acquisition of land in connection with the activities in clauses (A), (B), and (C); or (E) a combination of any two or more of the foregoing. (5) The term “equipment” includes machinery, utilities, and built-in equipment and any necessary enclosures or structures to house, them, and includes all other items necessary for the functioning of a particular facility as a facility for the provision of educational services, including items such as instructional equipment and necessary furniture, printed, published, and audio-visual instructional materials, and books, periodicals, documents, and other related materials. (6) The term “State” means each of the several States, the District of Columbia, the Commonwealth of Puerto Rico, Guam, American Samoa, the Virgin Islands and the Trust Territory of the Pacific Islands. (7) The term “State educational agency” means the State board of education or other agency or officer primarily responsible for the State supervision of public elementary and secondary schools, or, if there is no such officer or agency, an officer or agency designated by the Governor or by State law. (8) The term “local educational agency” means a public board of education or other public authority legally constituted within a State for either administrative control or direction of, or to perform a service function for, public elementary or secondary schools in a city, county, township, school district, or other political subdivision of a State, or such combination of school districts or counties as are recognized in a State as an administrative agency for its public elementary or secondary schools. Such term also includes any other public institution or agency having administrative control and direction of a public elementary or secondary school. (9) The term “elementary school” means a day or residential school which provides elementary education, as determined under State law. (10) The term “secondary school” means a day or residential school which provides secondary education, as determined under State law, except that it. does not include any education provided beyond grade 12. (11) The term “institution of higher education” means an educational institution in any State which— (A) admits as regular students only individuals having a certificate of graduation from a high school, or the recognized equivalent of such a certificate; (B) is legally authorized within such State to provide a program of education beyond high .school; (C) provides an educational program for which it awards a bachelor’s degree, or provides not less than a two-year program which is acceptable for full credit toward such a degree, or offers a two-year program in engineering, mathematics, or the physical or biological sciences which is designed to prepare the student to work as a technician and at a semiprofessional level in engineering, scientific, or other technological fields which require the understanding and application of basic engineering, scientific, or mathematical principles or knowledge: (D) is a public or other nonprofit institution; and (E) is accredited by a nationally recognized accrediting agency or association listed by the Commissioner pursuant to this paragraph or, if not so accredited, is an institution whose credits are accepted, on transfer, by not less than three institutions which are so accredited, for credit on the same basis as if transferred from an institution so accredited: Provided, however, That in the case of an institution offering a two-year program in engineering, mathematics, or the physical or biological sciences which is designed to prepare the student to work as a technician and at a semi professional level in engineering, scientific, or technological fields which require the, understanding and application of basic engineering, scientific, or mathematical principles or knowledge, if the Commissioner determines that there is no nationally recognized accrediting agency or association qualified to accredit such institutions, he shall appoint an advisory committee, composed of persons specially qualified to evaluate training provided by such institutions, which shall prescribe the standards of content, scope, and quality which must he met in order to qualify such institutions to participate under this Act and shall also determine List of accrediting agencies, publication. whether particular institutions meet such standards. For the purposes of this paragraph the Commissioner shall publish a list of nationally recognized accrediting agencies or associations which be determines to he reliable authority as to the quality of education or training offered. (12) The term “nonprofit” as applied to a school, agency, organization, or institution means a school, agency, organization, or institution owned and operated by one or more nonprofit corporations or associations no part of the net earnings of which inures, or may lawfully inure, to the benefit of any private shareholder or individual. (13) The term “research and related purposes” means research, research training (including the payment of stipends and allowances), surveys, or demon st rat ions in the field of education of handicapped children, or the dissemination of information derived therefrom, including (but without limitation) experimental schools. (14) The term Secretary” means the Secretary of Health, Education, and Welfare. (15) The term “children with specific learning disabilities” means those children who have a disorder in one or more of the basic psychological processes involved in understanding or in using language, spoken or written, which disorder may manifest itself in imperfect ability to listen, think, speak, read, write, spell, or do mathematical calculations. Such disorders include such conditions as perceptual handicaps, brain injury, minimal brain dysfunction, dyslexia, and developmental aphasia. Such term does not include children who have Exceptions. learning problems which are primarily the result of visual, hearing, or motor handicaps, of mental retardation, of emotional disturbance, or of environmental disadvantage.Higher Education Opportunity Act
Pub. L. 110–315 title IX § 941(k)(2)(C) · 122 Stat. 3078
Substituted · 20 U.S.C. § 1401(17)(B)
Pub. L. 110–315 substituted “college or university” for “community college”
Substituted · 20 U.S.C. § 1401(17)(B)
Pub. L. 110–315 substituted “the Tribally Controlled Colleges and Universities Assistance Act of 1978” for “the Tribally Controlled College or University Assistance Act of 1978”
Source evidence
Code amendment note
Par. (17)(B). Pub. L. 110–315 substituted “college or university” for “community college” and “the Tribally Controlled Colleges and Universities Assistance Act of 1978” for “the Tribally Controlled College or University Assistance Act of 1978”.Enacted provision · exact public law section
(C) Individuals with disabilities education act.— Section 602(17)(B) of the Individuals with Disabilities Education Act (20 U.S.C. 1401(17)(B)) is amended— (i) by striking “community college” and inserting “college or university”; and (ii) by striking “the Tribally Controlled College or University Assistance Act of 1978” and inserting “the Tribally Controlled Colleges and Universities Assistance Act of 1978”.Rosa’s Law
Pub. L. 111–256 § 2(b)(2)(A) · 124 Stat. 2643
Substituted · 20 U.S.C. § 1401(3)(A)(i)
Pub. L. 111–256, § 2(b)(2)(A), substituted “with intellectual disabilities” for “with mental retardation”
Source evidence
Code amendment note
Par. (3)(A)(i). Pub. L. 111–256, § 2(b)(2)(A), substituted “with intellectual disabilities” for “with mental retardation”.Enacted provision · exact public law section
(A) in paragraph (3)(A)(i), by striking “with mental retardation” and inserting “with intellectual disabilities”; andRosa’s Law
Pub. L. 111–256 § 2(b)(2)(B) · 124 Stat. 2643
Substituted · 20 U.S.C. § 1401(30)(C)
Pub. L. 111–256, § 2(b)(2)(B), substituted “of intellectual disabilities” for “of mental retardation”
Source evidence
Code amendment note
Par. (30)(C). Pub. L. 111–256, § 2(b)(2)(B), substituted “of intellectual disabilities” for “of mental retardation”.Enacted provision · exact public law section
(B) in paragraph (30)(C), by striking “of mental retardation” and inserting “of intellectual disabilities”.Every Student Succeeds Act
Pub. L. 114–95 § 9215(ss)(1)(A) · 129 Stat. 1802
Struck · 20 U.S.C. § 1401(4)
Pub. L. 114–95, § 9215(ss)(1)(A), struck out par. (4). Text read as follows: “The term ‘core academic subjects’ has the meaning given the term in section 9101 of the Elementary and Secondary Education Act of 1965.”
Source evidence
Code amendment note
Par. (4). Pub. L. 114–95, § 9215(ss)(1)(A), struck out par. (4). Text read as follows: “The term ‘core academic subjects’ has the meaning given the term in section 9101 of the Elementary and Secondary Education Act of 1965.”Enacted provision · exact public law section
(A) by striking paragraph (4);Effective date note
Amendment by Pub. L. 114–95 effective Dec. 10, 2015, except with respect to certain noncompetitive programs and competitive programs, see section 5 of Pub. L. 114–95, set out as a note under section 6301 of this title.Every Student Succeeds Act
Pub. L. 114–95 § 9215(ss)(1)(B) · 129 Stat. 1802
Substituted · 20 U.S.C. § 1401(8)(A)(iii)
Pub. L. 114–95, § 9215(ss)(1)(B), which directed substitution of “under part A of title III of that Act” for “under parts A and B of title III of that Act” in “paragraph (8)(a)(3)”, was executed to par. (8)(A)(iii) to reflect the probable intent of Congress
Source evidence
Code amendment note
Par. (8)(A)(iii). Pub. L. 114–95, § 9215(ss)(1)(B), which directed substitution of “under part A of title III of that Act” for “under parts A and B of title III of that Act” in “paragraph (8)(a)(3)”, was executed to par. (8)(A)(iii) to reflect the probable intent of Congress.Enacted provision · exact public law section
(B) in paragraph (8)(a)(3), by striking “under parts A and B of title III of that Act” and inserting “under part A of title III of that Act”; andEffective date note
Amendment by Pub. L. 114–95 effective Dec. 10, 2015, except with respect to certain noncompetitive programs and competitive programs, see section 5 of Pub. L. 114–95, set out as a note under section 6301 of this title.Every Student Succeeds Act
Pub. L. 114–95 § 9214(d)(1) · 129 Stat. 1802
Struck · 20 U.S.C. § 1401(10)
Pub. L. 114–95, § 9214(d)(1), struck out par. (10) which related to definition of highly qualified
Source evidence
Code amendment note
Par. (10). Pub. L. 114–95, § 9214(d)(1), struck out par. (10) which related to definition of highly qualified.Enacted provision · exact public law section
(1) in section 602, 20 USC 1401. by striking paragraph (10);Effective date note
Amendment by Pub. L. 114–95 effective Dec. 10, 2015, except with respect to certain noncompetitive programs and competitive programs, see section 5 of Pub. L. 114–95, set out as a note under section 6301 of this title.Every Student Succeeds Act
Pub. L. 114–95 § 9215(ss)(1)(C) · 129 Stat. 1802
Added · 20 U.S.C. § 1401(18)
Pub. L. 114–95, § 9215(ss)(1)(C), added par. (18)
Struck · 20 U.S.C. § 1401(18)
Pub. L. 114–95, § 9215(ss)(1)(C), struck out former par. (18). Prior to amendment, text read as follows: “The term ‘limited English proficient’ has the meaning given the term in section 9101 of the Elementary and Secondary Education Act of 1965.”
Source evidence
Code amendment note
Par. (18). Pub. L. 114–95, § 9215(ss)(1)(C), added par. (18) and struck out former par. (18). Prior to amendment, text read as follows: “The term ‘limited English proficient’ has the meaning given the term in section 9101 of the Elementary and Secondary Education Act of 1965.”Enacted provision · exact public law section
(C) by striking paragraph (18) and inserting the following: “(18) Limited english proficient.— The term ‘limited English proficient’ has the meaning given the term ‘English learner’ in section 8101 of the Elementary and Secondary Education Act of 1965.” .Effective date note
Amendment by Pub. L. 114–95 effective Dec. 10, 2015, except with respect to certain noncompetitive programs and competitive programs, see section 5 of Pub. L. 114–95, set out as a note under section 6301 of this title.
10 of 10 references resolved to an enrolled provision
Editorial Notes
References in Text
The Elementary and Secondary Education Act of 1965, referred to in par. (8)(A)(ii), (iii), is Pub. L. 89–10, , 79 Stat. 27. Part A of title I of the Act is classified generally to part A (§ 6311 et seq.) of subchapter I of chapter 70 of this title. Part A of title III of the Act is classified generally to part A (§ 6811 et seq.) of subchapter III of chapter 70 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.
The Alaska Native Claims Settlement Act, referred to in par. (13), is Pub. L. 92–203, , 85 Stat. 688, which is classified generally to chapter 33 (§ 1601 et seq.) of Title 43, Public Lands. For complete classification of this Act to the Code, see Short Title note set out under section 1601 of Title 43 and Tables.
The Tribally Controlled Colleges and Universities Assistance Act of 1978, referred to in par. (17)(B), is Pub. L. 95–471, , 92 Stat. 1325, which is classified principally to chapter 20 (§ 1801 et seq.) of Title 25, Indians. For complete classification of this Act to the Code, see Short Title note set out under section 1801 of Title 25 and Tables.
Prior Provisions
A prior section 1401, Pub. L. 91–230, title VI, § 602, as added Pub. L. 105–17, title I, § 101, , 111 Stat. 42; amended Pub. L. 105–244, title IX, § 901(d), , 112 Stat. 1828, related to definitions of terms used in this chapter, prior to the general amendment of subchapters I to IV of this chapter by Pub. L. 108–446.
Another prior section 1401, Pub. L. 91–230, title VI, § 602, , 84 Stat. 175; Pub. L. 94–142, § 4(a), , 89 Stat. 775; Pub. L. 98–199, §§ 2, 3(b), , 97 Stat. 1357, 1358; Pub. L. 99–457, title IV, § 402, , 100 Stat. 1172; Pub. L. 100–630, title I, § 101(a), , 102 Stat. 3289; Pub. L. 101–476, title I, § 101, title IX, § 901(b)(10)–(20), , 104 Stat. 1103, 1142, 1143; Pub. L. 102–73, title VIII, § 802(d)(1), , 105 Stat. 361; Pub. L. 102–119, §§ 3, 25(a)(1), (b), , 105 Stat. 587, 605, 607; Pub. L. 103–382, title III, § 391(f)(1), , 108 Stat. 4023, related to definitions of terms used in this chapter, prior to the general amendment of subchapters I to IV of this chapter by Pub. L. 105–17.
Amendments2008–2015 · 3 rounds
2015
Par. (4). Pub. L. 114–95, § 9215(ss)(1)(A), struck out par. (4). Text read as follows: “The term ‘core academic subjects’ has the meaning given the term in section 9101 of the Elementary and Secondary Education Act of 1965.”
Par. (8)(A)(iii). Pub. L. 114–95, § 9215(ss)(1)(B), which directed substitution of “under part A of title III of that Act” for “under parts A and B of title III of that Act” in “paragraph (8)(a)(3)”, was executed to par. (8)(A)(iii) to reflect the probable intent of Congress.
Par. (10). Pub. L. 114–95, § 9214(d)(1), struck out par. (10) which related to definition of highly qualified.
Par. (18). Pub. L. 114–95, § 9215(ss)(1)(C), added par. (18) and struck out former par. (18). Prior to amendment, text read as follows: “The term ‘limited English proficient’ has the meaning given the term in section 9101 of the Elementary and Secondary Education Act of 1965.”
2010
Par. (3)(A)(i). Pub. L. 111–256, § 2(b)(2)(A), substituted “with intellectual disabilities” for “with mental retardation”.
Par. (30)(C). Pub. L. 111–256, § 2(b)(2)(B), substituted “of intellectual disabilities” for “of mental retardation”.
2008
Par. (17)(B). Pub. L. 110–315 substituted “college or university” for “community college” and “the Tribally Controlled Colleges and Universities Assistance Act of 1978” for “the Tribally Controlled College or University Assistance Act of 1978”.
Statutory Notes and Related Subsidiaries
Effective Date of 2015 Amendment
Amendment by Pub. L. 114–95 effective , except with respect to certain noncompetitive programs and competitive programs, see section 5 of Pub. L. 114–95, set out as a note under section 6301 of this title.
Effective Date
Section effective , see section 302(a) of Pub. L. 108–446, set out as a note under section 1400 of this title.
Definitions
For meaning of references to an intellectual disability and to individuals with intellectual disabilities in provisions amended by section 2 of Pub. L. 111–256, see section 2(k) of Pub. L. 111–256, set out as a note under section 1400 of this title.
Credits
2004–2015 · 4 acts
- 2004Pub. L. 91–230, title VI, § 602, as added Pub. L. 108–446, title I, § 101, , 118 Stat. 2652
- 2008amended Pub. L. 110–315, title IX, § 941(k)(2)(C), , 122 Stat. 3466
- 2010Pub. L. 111–256, § 2(b)(2), , 124 Stat. 2643
- 2015Pub. L. 114–95, title IX, §§ 9214(d)(1), 9215(ss)(1), , 129 Stat. 2164, 2181.
Show as published
(Pub. L. 91–230, title VI, § 602, as added Pub. L. 108–446, title I, § 101, , 118 Stat. 2652; amended Pub. L. 110–315, title IX, § 941(k)(2)(C), , 122 Stat. 3466; Pub. L. 111–256, § 2(b)(2), , 124 Stat. 2643; Pub. L. 114–95, title IX, §§ 9214(d)(1), 9215(ss)(1), , 129 Stat. 2164, 2181.)