§ 1431. Findings and policy
(a) Findings
Congress finds that there is an urgent and sub-
stantial need—
(1) to enhance the development of infants
and toddlers with disabilities, to minimize
their potential for developmental delay, and
to recognize the significant brain development
that occurs during a child’s first 3 years of
life;
(2) to reduce the educational costs to our so-
ciety, including our Nation’s schools, by mini-
mizing the need for special education and re-
lated services after infants and toddlers with
disabilities reach school age;
(3) to maximize the potential for individuals
with disabilities to live independently in soci-
ety;
(4) to enhance the capacity of families to
meet the special needs of their infants and
toddlers with disabilities; and
(5) to enhance the capacity of State and
local agencies and service providers to iden-
tify, evaluate, and meet the needs of all chil-
dren, particularly minority, low-income, inner
city, and rural children, and infants and tod-
dlers in foster care.
(b) Policy
It is the policy of the United States to provide
financial assistance to States—
(1) to develop and implement a statewide,
comprehensive,
coordinated,
multidisci-
plinary, interagency system that provides
early intervention services for infants and tod-
dlers with disabilities and their families;
(2) to facilitate the coordination of payment
for early intervention services from Federal,
State, local, and private sources (including
public and private insurance coverage);
(3) to enhance State capacity to provide
quality early intervention services and expand
and improve existing early intervention serv-
ices being provided to infants and toddlers
with disabilities and their families; and
(4) to encourage States to expand opp
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Authority boundary: historical or unconfirmed source not current law verified.
Stable record: federal_law:legal_authorities:uscode2024_e6a3e7be580bd855ab9c7ff0 Source file: Laws/federal/codes/united-states-code-2024/title-20/section-1431-findings-and-policy--958eea1249.md Pages: Not recorded – Not recorded Passage SHA-256: 79e7933b248b6b400a4f53d73025b94a84f38cb8f9fb77f48e20ff52a1deaadb Retained source evidence SHA-256: 505a7b530a4d3004f6834adb6ce4b637b5d266a0d4565a101f1f4246cae35fea
Page 986
TITLE 20—EDUCATION
§ 1431
by States to local educational agencies and inter-
mediate educational units, was omitted in the general
amendment of subchapters I to IV of this chapter by
Pub. L. 105–17.
Prior sections 1421 to 1427, which comprised former
subchapter III of this chapter, were repealed by Pub. L.
105–17, title II, § 203(c), June 4, 1997, 111 Stat. 157, effec-
tive Oct. 1, 1997.
Section 1421, Pub. L. 91–230, title VI, § 621, Apr. 13,
1970, 84 Stat. 181; Pub. L. 98–199, §§ 3(b), 10, Dec. 2, 1983,
97 Stat. 1358, 1363; Pub. L. 99–457, title III, § 301, Oct. 8,
1986, 100 Stat. 1159; Pub. L. 100–630, title I, § 103(b), Nov.
7, 1988, 102 Stat. 3296; Pub. L. 101–476, title III, § 301, title
IX, § 901(b)(95)–(99), Oct. 30, 1990, 104 Stat. 1117, 1146;
Pub. L. 102–119, § 25(b), Oct. 7, 1991, 105 Stat. 607, related
to establishment and operation of regional and Federal
resource centers.
Section 1422, Pub. L. 91–230, title VI, § 622, Apr. 13,
1970, 84 Stat. 182; Pub. L. 98–199, §§ 3(b), 10, Dec. 2, 1983,
97 Stat. 1358, 1364; Pub. L. 99–457, title III, § 302, Oct. 8,
1986, 100 Stat. 1160; Pub. L. 100–630, title I, § 103(c), Nov.
7, 1988, 102 Stat. 3297; Pub. L. 101–476, title III, § 302, Oct.
30, 1990, 104 Stat. 1118; Pub. L. 102–119, § 25(a)(8), Oct. 7,
1991, 105 Stat. 606; Pub. L. 103–382, title III, § 391(f)(3),
Oct. 20, 1994, 108 Stat. 4023, related to services for deaf-
blind children and youth.
Section 1423, Pub. L. 91–230, title VI, § 623, Apr. 13,
1970, 84 Stat. 183; Pub. L. 98–199, §§ 3(b), 10, Dec. 2, 1983,
97 Stat. 1358, 1365; Pub. L. 99–457, title III, § 303, Oct. 8,
1986, 100 Stat. 1161; Pub. L. 100–630, title I, § 103(d), Nov.
7, 1988, 102 Stat. 3297; Pub. L. 101–476, title III, § 303, title
IX, § 901(b)(100)–(106), Oct. 30, 1990, 104 Stat. 1121, 1146,
1147; Pub. L. 102–119, §§ 8, 25(a)(9), (b), Oct. 7, 1991, 105
Stat. 592, 606, 607, related to early education for chil-
dren with disabilities.
Section 1424, Pub. L. 91–230, title VI, § 624, Apr. 13,
1970, 84 Stat. 183; Pub. L. 98–199, §§ 3(b), 10, Dec. 2, 1983,
97 Stat. 1358, 1366; Pub. L. 99–457, title III, § 304, Oct. 8,
1986, 100 Stat. 1162; Pub. L. 100–630, title I, § 103(e), Nov.
7, 1988, 102 Stat. 3297; Pub. L. 101–476, title III, § 304, title
IX, § 901(b)(107)–(110), Oct. 30, 1990, 104 Stat. 1122, 1147;
Pub. L. 102–119, § 25(a)(10), (b), Oct. 7, 1991, 105 Stat. 606,
607, related to programs for children with severe dis-
abilities.
Section 1424a, Pub. L. 91–230, title VI, § 625, as added
Pub. L. 93–380, title VI, § 616, Aug. 21, 1974, 88 Stat. 584;
amended Pub. L. 98–199, §§ 3(b), 10, Dec. 2, 1983, 97 Stat.
1358, 1367; Pub. L. 99–457, title III, § 305, Oct. 8, 1986, 100
Stat. 1162; Pub. L. 100–630, title I, § 103(f), Nov. 7, 1988,
102 Stat. 3297; Pub. L. 101–476, title III, § 305, title IX,
§ 901(b)(111)–(118), Oct. 30, 1990, 104 Stat. 1123, 1147; Pub.
L. 102–119, § 25(b), Oct. 7, 1991, 105 Stat. 607; Pub. L.
102–421, title II, § 201(a), Oct. 16, 1992, 106 Stat. 2164, re-
lated to programs of postsecondary, vocational, tech-
nical, continuing, or adult education for individuals
with disabilities.
Section 1425, Pub. L. 91–230, title VI, § 626, formerly
§ 625, Apr. 13, 1970, 84 Stat. 183, renumbered § 626, Pub. L.
93–380, title VI, § 616, Aug. 21, 1974, 88 Stat. 584; amended
Pub. L. 98–199, §§ 3(b), 10, Dec. 2, 1983, 97 Stat. 1358, 1367;
Pub. L. 99–457, title III, § 306, Oct. 8, 1986, 100 Stat. 1163;
Pub. L. 100–630, title I, § 103(g), Nov. 7, 1988, 102 Stat.
3298;
Pub.
L.
101–476,
title
III,
§ 306,
title
IX,
§ 901(b)(119)–(127), Oct. 30, 1990, 104 Stat. 1124, 1147, 1148;
Pub. L. 102–119, § 25(a)(11), (b), Oct. 7, 1991, 105 Stat. 606,
607, related to secondary education and transitional
services for youth with disabilities.
Section 1426, Pub. L. 91–230, title VI, § 627, formerly
§ 626, Apr. 13, 1970, 84 Stat. 184, renumbered § 627 and
amended Pub. L. 93–380, title VI, §§ 616, 617, Aug. 21, 1974,
88 Stat. 584; Pub. L. 95–49, § 2, June 17, 1977, 91 Stat. 230;
Pub. L. 98–199, § 10, Dec. 2, 1983, 97 Stat. 1368; Pub. L.
101–476, title III, § 307, Oct. 30, 1990, 104 Stat. 1127, re-
lated to programs for children and youth with serious
emotional disturbance.
Section 1427, Pub. L. 91–230, title VI, § 628, as added
Pub. L. 98–199, § 10, Dec. 2, 1983, 97 Stat. 1368; amended
Pub. L. 99–457, title III, § 307, Oct. 8, 1986, 100 Stat. 1165;
Pub. L. 101–476, title III, § 308, Oct. 30, 1990, 104 Stat.
1128, authorized appropriations.
Statutory Notes and Related Subsidiaries
PRESCHOOL GRANTS
Pub. L. 100–630, title I, § 110, Nov. 7, 1988, 102 Stat.
3303, as amended by Pub. L. 101–476, title IX, § 901(a)(3),
Oct. 30, 1990, 104 Stat. 1142, provided that: ‘‘The provi-
sions of section 300.300(b)(3) of title 34, Code of Federal
Regulations, shall not apply with respect to children
aged 3 through 5, inclusive, in any State for any fiscal
year for which the State receives a grant under section
619(a)(1) of the Individuals with Disabilities Education
Act [20 U.S.C. 1419(a)(1)].’’
SUBCHAPTER III—INFANTS AND TODDLERS
WITH DISABILITIES
§ 1431. Findings and policy
(a) Findings
Congress finds that there is an urgent and sub-
stantial need—
(1) to enhance the development of infants
and toddlers with disabilities, to minimize
their potential for developmental delay, and
to recognize the significant brain development
that occurs during a child’s first 3 years of
life;
(2) to reduce the educational costs to our so-
ciety, including our Nation’s schools, by mini-
mizing the need for special education and re-
lated services after infants and toddlers with
disabilities reach school age;
(3) to maximize the potential for individuals
with disabilities to live independently in soci-
ety;
(4) to enhance the capacity of families to
meet the special needs of their infants and
toddlers with disabilities; and
(5) to enhance the capacity of State and
local agencies and service providers to iden-
tify, evaluate, and meet the needs of all chil-
dren, particularly minority, low-income, inner
city, and rural children, and infants and tod-
dlers in foster care.
(b) Policy
It is the policy of the United States to provide
financial assistance to States—
(1) to develop and implement a statewide,
comprehensive,
coordinated,
multidisci-
plinary, interagency system that provides
early intervention services for infants and tod-
dlers with disabilities and their families;
(2) to facilitate the coordination of payment
for early intervention services from Federal,
State, local, and private sources (including
public and private insurance coverage);
(3) to enhance State capacity to provide
quality early intervention services and expand
and improve existing early intervention serv-
ices being provided to infants and toddlers
with disabilities and their families; and
(4) to encourage States to expand opportuni-
ties for children under 3 years of age who
would be at risk of having substantial develop-
mental delay if they did not receive early
intervention services.
(Pub. L. 91–230, title VI, § 631, as added Pub. L.
108–446, title I, § 101, Dec. 3, 2004, 118 Stat. 2744.)
Editorial Notes
PRIOR PROVISIONS
A prior section 1431, Pub. L. 91–230, title VI, § 631, as
added Pub. L. 105–17, title I, § 101, June 4, 1997, 111 Stat.
Page 987
TITLE 20—EDUCATION
§ 1432
106, set out findings and policy, prior to the general
amendment of subchapters I to IV of this chapter by
Pub. L. 108–446.
Another prior section 1431, Pub. L. 91–230, title VI,
§ 631, Apr. 13, 1970, 84 Stat. 184; Pub. L. 98–199, §§ 3(b), 11,
Dec. 2, 1983, 97 Stat. 1358, 1369; Pub. L. 99–457, title III,
§ 308, Oct. 8, 1986, 100 Stat. 1165; Pub. L. 100–630, title I,
§ 104(b), Nov. 7, 1988, 102 Stat. 3298; Pub. L. 101–476, title
IV, § 401, title IX, § 901(b)(129)–(142), Oct. 30, 1990, 104
Stat. 1129, 1148; Pub. L. 102–119, §§ 9(a), (b), 25(a)(12), (b),
Oct. 7, 1991, 105 Stat. 593, 594, 606, 607; Pub. L. 102–421,
title II, § 202, Oct. 16, 1992, 106 Stat. 2165; Pub. L. 102–569,
title IX, § 912(a), Oct. 29, 1992, 106 Stat. 4486; Pub. L.
103–73, title III, § 302, Aug. 11, 1993, 107 Stat. 736; Pub. L.
103–218, title IV, § 401, Mar. 9, 1994, 108 Stat. 95, related
to grants for personnel training, prior to the general
amendment of subchapters I to IV of this chapter by
Pub. L. 105–17.
Statutory Notes and Related Subsidiaries
EFFECTIVE DATE
Subchapter effective July 1, 2005, see section 302(a) of
Pub. L. 108–446, set out as a note under section 1400 of
this title.
§ 1432. Definitions
In this subchapter:
(1) At-risk infant or toddler
The term ‘‘at-risk infant or toddler’’ means
an individual under 3 years of age who would
be at risk of experiencing a substantial devel-
opmental delay if early intervention services
were not provided to the individual.
(2) Council
The term ‘‘council’’ means a State inter-
agency coordinating council established under
section 1441 of this title.
(3) Developmental delay
The term ‘‘developmental delay’’, when used
with respect to an individual residing in a
State, has the meaning given such term by the
State under section 1435(a)(1) of this title.
(4) Early intervention services
The term ‘‘early intervention services’’
means developmental services that—
(A) are provided under public supervision;
(B) are provided at no cost except where
Federal or State law provides for a system of
payments by families, including a schedule
of sliding fees;
(C) are designed to meet the develop-
mental needs of an infant or toddler with a
disability, as identified by the individualized
family service plan team, in any 1 or more of
the following areas:
(i) physical development;
(ii) cognitive development;
(iii) communication development;
(iv) social or emotional development; or
(v) adaptive development;
(D) meet the standards of the State in
which the services are provided, including
the requirements of this subchapter;
(E) include—
(i) family training, counseling, and home
visits;
(ii) special instruction;
(iii) speech-language pathology and audi-
ology services, and sign language and cued
language services;
(iv) occupational therapy;
(v) physical therapy;
(vi) psychological services;
(vii) service coordination services;
(viii) medical services only for diag-
nostic or evaluation purposes;
(ix) early identification, screening, and
assessment services;
(x) health services necessary to enable
the infant or toddler to benefit from the
other early intervention services;
(xi) social work services;
(xii) vision services;
(xiii) assistive technology devices and
assistive technology services; and
(xiv) transportation and related costs
that are necessary to enable an infant or
toddler and the infant’s or toddler’s family
to receive another service described in this
paragraph;
(F) are provided by qualified personnel, in-
cluding—
(i) special educators;
(ii) speech-language pathologists and au-
diologists;
(iii) occupational therapists;
(iv) physical therapists;
(v) psychologists;
(vi) social workers;
(vii) nurses;
(viii) registered dietitians;
(ix) family therapists;
(x) vision specialists, including ophthal-
mologists and optometrists;
(xi) orientation and mobility specialists;
and
(xii) pediatricians and other physicians;
(G) to the maximum extent appropriate,
are provided in natural environments, in-
cluding the home, and community settings
in which children without disabilities par-
ticipate; and
(H) are provided in conformity with an in-
dividualized family service plan adopted in
accordance with section 1436 of this title.
(5) Infant or toddler with a disability
The term ‘‘infant or toddler with a dis-
ability’’—
(A) means an individual under 3 years of
age who needs early intervention services
because the individual—
(i) is experiencing developmental delays,
as measured by appropriate diagnostic in-
struments and procedures in 1 or more of
the areas of cognitive development, phys-
ical development, communication develop-
ment, social or emotional development,
and adaptive development; or
(ii) has a diagnosed physical or mental
condition that has a high probability of re-
sulting in developmental delay; and
(B) may also include, at a State’s discre-
tion—
(i) at-risk infants and toddlers; and
(ii) children with disabilities who are eli-
gible for services under section 1419 of this
title and who previously received services
under this subchapter until such children
enter, or are eligible under State law to
Cross-references
Connections may be documented source relationships, shared citations or nearby passages. Each explains its basis; a connection alone does not establish applicability to your situation.
Federal law — U.S. Code and appendices · legal_authorities
**(a) In general** The Secretary shall provide grants under this section to assist States to provide special education and related services, in accordance with this subchapter—
(1) to children with disabilities aged 3 through 5, inclusive; and
(2) at the State’s discretion, to 2-year-old children with disabilities who will turn 3 during the school year.
**(b) Eligibility** A State shall be eligible for a grant under this section if such State—
(1) is eligible under [section 1412 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section1412&num=0&edition=prelim) to receive a grant under this subchapter; and
(2) makes a free appropriate public education available to all children with disabilities, aged 3 through 5, residing in the State.
**(c) Allocations to States**
(1) **In general** — The Secretary shall allocate the amount made available to carry out this section for a fiscal year among the States in accordance with paragraph (2) or (3), as the case may be.
(2) **Increase in funds** — If the amount available for allocations to States under paragraph (1) for a fiscal year is equal to or greater than the amount allocated to the States under this section for the preceding fiscal year, those allocations shall be calculated as follows:
(A) *Allocation*
(i) *In general* — Except as provided in subparagraph (B), the Secretary shall—
(I) allocate to each State the amount the State received under this section for fiscal year 1997;
(II) allocate 85 percent of any remaining funds to States on the basis of the States’ relative populations of children aged 3 through 5; and
(III) allocate 15 percent of those remaining funds to States on the basis of the States’ relative populations of all children aged 3 through
Stored review status: release_metadata_unconfirmed. The source passage cites 20 U.S.C. § 1419. This identifies an authority to review, not proof of applicability.
Federal law — U.S. Code and appendices · legal_authorities
§ 1419. Preschool grants
(a) In general
The Secretary shall provide grants under this
section to assist States to provide special edu-
cation and related services, in accordance with
this subchapter—
(1) to children with disabilities aged 3
through 5, inclusive; and
(2) at the State’s discretion, to 2-year-old
children with disabilities who will turn 3 dur-
ing the school year.
(b) Eligibility
A State shall be eligible for a grant under this
section if such State—
(1) is eligible under section 1412 of this title
to receive a grant under this subchapter; and
(2) makes a free appropriate public edu-
cation available to all children with disabil-
ities, aged 3 through 5, residing in the State.
(c) Allocations to States
(1) In general
The Secretary shall allocate the amount
made available to carry out this section for a
fiscal year among the States in accordance
with paragraph (2) or (3), as the case may be.
Page 984
TITLE 20—EDUCATION
§ 1419
(2) Increase in funds
If the amount available for allocations to
States under paragraph (1) for a fiscal year is
equal to or greater than the amount allocated
to the States under this section for the pre-
ceding fiscal year, those allocations shall be
calculated as follows:
(A) Allocation
(i) In general
Except as provided in subparagraph (B),
the Secretary shall—
(I) allocate to each State the amount
the State received under this section for
fiscal year 1997;
(II) allocate 85 percent of any remain-
ing funds to States on the basis of the
States’ relative populations of children
aged 3 through 5; and
(III) allocate 15 percent of those re-
maining funds to States on the basis of
the States’ relative populations of all
children aged 3 through 5 who are living
in poverty.
(ii) Data
For the purpose o
Stored review status: historical_2024_not_currentness_verified. The source passage cites 20 U.S.C. § 1419. This identifies an authority to review, not proof of applicability.
Federal law — U.S. Code and appendices · legal_authorities
**(a) Findings** Congress finds that there is an urgent and substantial need—
(1) to enhance the development of infants and toddlers with disabilities, to minimize their potential for developmental delay, and to recognize the significant brain development that occurs during a child’s first 3 years of life;
(2) to reduce the educational costs to our society, including our Nation’s schools, by minimizing the need for special education and related services after infants and toddlers with disabilities reach school age;
(3) to maximize the potential for individuals with disabilities to live independently in society;
(4) to enhance the capacity of families to meet the special needs of their infants and toddlers with disabilities; and
(5) to enhance the capacity of State and local agencies and service providers to identify, evaluate, and meet the needs of all children, particularly minority, low-income, inner city, and rural children, and infants and toddlers in foster care.
**(b) Policy** It is the policy of the United States to provide financial assistance to States—
(1) to develop and implement a statewide, comprehensive, coordinated, multidisciplinary, interagency system that provides early intervention services for infants and toddlers with disabilities and their families;
(2) to facilitate the coordination of payment for early intervention services from Federal, State, local, and private sources (including public and private insurance coverage);
(3) to enhance State capacity to provide quality early intervention services and expand and improve existing early intervention services being provided to infants and toddlers with disabilities and their families; and
(4) to encourage States to expand opportunities for children under 3 years of age who would be at risk