An Act to amend the Education of the Handicapped Act to provide educational assistance to all handicapped children, and for other purposes.
PL 94-142 (S.6), enacted 11/29/1975

PUBLIC LAW 94-142—NOV. 29, 1975 
89 STAT. 773 
Public Law 94-142 
94th Congress 
An Act 
To amend the Education of the Handicapped Act to provide educational assistance 
to all handicapped children, and for other purposes. 
Be it enacted hy the Senate and House of Representatives 
of the 
United States of America 
in Congress assembled, That this Act may 
be cited as the "Education for All Handicapped Children Act of 1975*'. 
EXTENSION OF EXISTING LAW 
SEC. 2. ( a ) ( 1 ) ( A ) Section 611(b)(2) of the Education of the 
Handicapped Act (20 U.S.C. 1411(b)(2)) (hereinafter in this Act 
referred to as the "Act"), as in effect during the fiscal years 1976 and 
1977, is amended by striking out "the Commonwealth of Puerto Rico.". 
(B) Section 6 l i ( c ) ( l ) of the Act (20 U.S.C. 1411(c)(1)), as in 
effect during the fiscal years 1976 and 1977, is amended by striking 
out "the Commonwealth of Puerto Rico,". 
(2) Section 611(c)(2) of the Act (20 U.S.C. 1411(c)(2)), as_ in 
effect during the fiscal years 1976 and 1977, is amended by striking 
out "year ending June 30, 1975" and inserting in lieu thereof the 
following: "years ending June 30, 1975, and 1976, and for the fiscal 
year ending September 30,1977", and by striking out "2 per centum" 
each place it appears therein and inserting in lieu thereof "1 per 
centum". 
(3) Section 611 (d) of the Act (20 U.S.C. 1411 ( d ) ) , as in effect dur-
ing the fiscal years 1976 and 1977, is amended by striking out "year 
ending June 30, 1975" and inserting in lieu thereof the following: 
"years ending June 30, 1975, and 1976, and for the fiscal year ending 
September 30 1977". 
(4) Section 612(a) of the Act (20 U.S.C. 1412(a)), as in effect 
during the fiscal years 1976 and 1977, is amended— 
(A) by striking out "year ending June 30, 1975" and inserting 
in lieu thereof "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"; and 
(B) by striking out "fiscal year 1974" and inserting in lieu 
thereof "preceding fiscal year". 
(b) (1) Section 614(a) of the Education Amendments of 1974 (Pub-
lic Law 93-380; 88 Stat. 580) is amended by striking out "fiscal year 
1975" and inserting in lieu thereof the following: "the fiscal 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 Septem-
ber 30,1977,". 
(2) Section 614(b) of the Education Amendments of 1974 (Public 
Law 93-380; 88 Stat. 580) is amended by striking out "fiscal year 1974" 
and inserting in lieu thereof the following: "the fiscal 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,". 
Nov. 29, 1975 
[S.6] 
Education for All 
Handicapped 
Children Act of 
1975. 
20 u s e 1401 
note. 
20 u s e 1411 
note. 
20 u s e 1412 
note. 
57-194 O - 77 - 53 
89 STAT. 774 
PUBLIC LAW 94-142—NOV. 29, 1975 
20 use 1413 
note. 
Ante, p. 773. 
Rules. 
20 u s e 1412. 
Publication in 
Federal Register. 
Ante, p. 773. 
Appropriation 
authorization. 
20 u s e 1411 
note. 
(3) Section 614(c) of the Education Amendments of 1974 (Public 
Law 93-380; 88 Stat. 580) is amended by striking out "fiscal year 
1974" and inserting in lieu thereof the following: "the fiscal years end-
ing June 30,1975, and 1976, for the period beginning July 1,1976, and 
ending September 30, 1976, and for the fiscal year ending Septem-
ber 30,1977,". 
(c) Section 612(a) of the Act, as in effect during the fiscal years 
1976 and 1977, and as amended by subsection (a) (4), is amended by 
inserting immediately before the period at the end thereof the follow-
ing :", or $300,000, whichever is greater". 
(d) Section 612 of the Act (20 U.S.C. 1411), as in effect during 
the fiscal years 1976 and 1977, is amended by adding at the end thereof 
the following new subsection: 
"(d) The Commissioner shall, no later than one hundred twenty 
days after the date of the enactment of the Education for All Handi-
capped Children Act of 1975, prescribe and publish in the Federal 
Eegister such rules as he considers necessary to carry out the pro-
visions of this section and section 611.". 
(e) Notwithstanding the provisions of section 611 of the Act, as in 
effect during the fiscal years 1976 and 1977, there are authorized to 
be appropriated $100,000,000 for the fiscal year 1976, such sums as may 
be necessary for the period beginning July 1,1976, and ending Septem-
ber 30,1976, and $200,000,000 for the fiscal year 1977, to carry out the 
provisions of part B of the Act, as in effect during such fiscal years. 
20 use 1401 
note. 
STATEMENT OF FINDINGS AND PURPOSE 
SEC. 3. (a) Section 601 of the Act (20 U.S.C. 1401) is amended by 
inserting "(a)" immediately before "This title" and by adding at 
the end thereof the following new subsections: 
"(b) The Congress finds that— 
"(1) there are more than eight million handicapped children 
in the United States today; 
" (2) the special educational needs of such children are not being 
fully met; 
"(3) more than half of the handicapped children in the United 
States do not receive appropriate educational services which 
would enable them to have full equality of opportunity; 
"(4) one million of the handicapped children in the United 
States are excluded entirely from the public school system and 
will not go through the educational process with their peers; 
"(5) there are many handicapped children throughout the 
United States participating in regular school programs whose 
handicaps prevent them from having a successful educational 
experience because their handicaps are undetected; 
"(6) because of the lack of adequate services within the public 
school system, families are often forced to find services outside 
the public school system, often at great distance from their resi-
dence and at their own expense; 
" (7) developments in the training of teachers and in diagnostic 
and instructional procedures and methods have advanced to the 
point that, given appropriate funding, State and local educa-
tional agencies can and will provide effective special education 
and related services to meet the needs of handicapped children; 
PUBLIC LAW 94-142—NOV. 29, 1975 
89 STAT. 775 
"(8) State and local educational agencies have a responsibility 
to provide education for all handicapped children, but present 
financial resources are inadequate to meet the special educational 
needs of handicapped children; and 
"(9) it is in the national interest that the Federal Government 
assist State and local eiforts to provide programs to meet the edu-
cational needs of handicapped children in order to assure equal 
protection of the law. 
"(c) It is the purpose of this Act to assure that all handicapped 
children have available to them, within the time periods specified in 
section 612(2) (B), a free appropriate public education which empha- -^"fe, p. 773. 
sizes special education and related services designed to meet their 
unique needs, to assure that the rights of handicapped children and 
their parents or guardians are protected, to assist States and local-
ities to provide for the education of all handicapped children, and to 
assess and assure the effectiveness of efforts to educate handicapped 
children.". 
(b) The heading for section 601 of the Act (20 U.S.C. 1401) is 20 USC 1401 
amended to read as follows: 
°°*®-
"SHORT TITLE; STATEMENT OF FINDINGS AND PURPOSE". 
DEFINITIONS 
SEC. 4. (a) Section 602 of the Act (20 U.S.C. 1402) is amended— 
20 USC 1401. 
(1) in paragraph (1) thereof, by striking out "crippled" and 
inserting in lieu thereof "orthopedically impaired", and by insert-
ing immediately after "impaired children" the following: ", or 
children with specific learning disabilities,"; 
(2) in paragraph (5) thereof, by inserting immediately after 
"instructional materials," the following: "telecommunications, 
sensory, and other technological aids and devices,"; 
(3) in the last sentence of paragraph (15) thereof, by inserting 
immediately after "environmental" the following: ", cultural, or 
economic"; and 
(4) by adding at the end thereof the following new paragraphs: 
" (16) The term 'special education' means specially designed instruc-
tion, at no cost to parents or guardians, to meet the unique needs of 
a handicapped child, including classroom instruction, instruction in 
physical education, home instruction, and instruction in hospitals and 
institutions. 
"(17) The term 'related services' means transportation, and such 
developmental, corrective, and other supportive services (including 
speech pathology and audiology, psychological services, physical and 
occupational therapy, recreation, and medical and counseling services, 
except that such medical services shall be for diagnostic and evalua-
tion purposes only) as may be required to assist a handicapped child 
to benefit from special education, and includes the early identification 
and assessment of handicapping conditions in children. 
"(18) The term 'free appropriate public education' means special 
education and related services which (A) have been provided at 
public expense, under public supervision and direction, and without 
charge, (B) meet the standards of the State educational agency, (C) 
include an appropriate preschool, elementary, or secondary school 
education in the State involved, and (D) are provided in conformity 
with the individualized education program required under section 
614(a)(5). 
Post, p. 784. 
89 STAT. 776 
PUBLIC LAW 94-142—NOV. 29, 1975 
"(19) The term 'individualized education program' means a writ-
ten statement for each handicapped child developed in any meeting 
by a representative of the local educational agency or an intermediate 
educational unit who shall be qualified to provide, or supervise the 
provision of, specially designed instruction to meet the unique needs 
of handicapped children, the teacher, the parents or guardian of such 
child, and, whenever appropriate, such child, which statement shall 
include (A) a statement of the present levels of educational perform-
ance of such child, (B) a statement of annual goals, including 
short-term instructional objectives, (C) a statement of the specific 
educational services to be provided to such child, and the extent to 
which such child will be able to participate in regular educational 
programs, (D) the projected date for initiation and anticipated dura-
tion of such services, and (E) appropriate objective criteria and 
evaluation procedures and schedules for determining, on at least 
an annual basis, whether instructional objectives are being achieved. 
"(20) The term 'excess costs' means those costs which are in excess 
of the average annual per student expenditure in a local educational 
agency during the preceding school year for an elementary or sec-
ondary school student, as may be appropriate, and which shall be 
computed after deducting (A) amounts received under this part or 
under title I or title V I I of the Elementary and Secondary Educa-
20 use 241a 
tion Act of 1965, and (B) any State or local funds expended for 
note, 881. 
programs which would qualify for assistance under this part or under 
such titles. 
"(21) The term 'native language' has the meaning given that term 
by section 703(a)(2) of the Bilingual Education Act (20 U.S.C. 
880b-l(a)(2)). 
"(22) The term 'intermediate educational unit' means any public 
authority, other than a local educational agency, which is under the 
general supervision of a State educational agency, which is estab-
lished by State law for the purpose of providing free public edu-
cation on a regional basis, and which provides special education and 
related services to handicapped children within that State,". 
20 use 1401. 
(b) The heading for section 602 of the Act (20 U.S.C. 1402) is 
amended to read as follows: 
"DEFINITIONS", 
ASSISTANCE FOR EDUCATION OF ALL HANDICAPPED CHILDREN 
SEC. 5. (a) Part B of the Act (20 U.S.C. 1411 et seq.) is amended 
to read as follows: 
"PART B—^ASSISTANCE FOR EDUCATION OF A L L HANDICAPPED 
CHILDREN 
"ENTITLEMENTS AND ALLOCATIONS 
20 use 1411. 
"SEC. 611. (a) (1) Except as provided in paragraph (3) and in 
Post, p. 793. 
section 619, the maximum amount of the grant to which a State is 
entitled under this part for any fiscal year shall be equal to— 
" (A) the number of handicapped children aged three to twenty-
one, inclusive, in such State who are receiving special education 
and related services; 
multiplied by— 
" ( B ) (i) 5 per centum, for the fiscal year ending Septem-
ber 30, 1978, of the average per pupil expenditure in public ele-
mentary and secondary schools in the United States; 
PUBLIC LAW 94-142—NOV. 29, 1975 
89 STAT. 777 
"(ii) 10 per centum, for the fiscal year ending September 30, 
1979, of the average per pupil expenditure in public elementary 
and secondary schools in the United States; 
"(iii) 20 per centum, for the fiscal year ending Septem-
ber 30, 1980, of the average per pupil expenditure in public ele-
mentary and secondary schools in the United States; 
"(iv) 30 per centum, for the fiscal year ending September 30, 
1981, of the average per pupil expenditure in public elementary 
and secondary schools in the United States; and 
"(v) 40 per centum, for the fiscal year ending September 30, 
1982, and for each fiscal year thereafter, of the average per pupil 
expenditure in public elementary and secondary schools in the 
United States; 
except that no State shall receive an amount which is less than the 
amount which such State received under this part for the fiscal year 
ending September 30,1977. 
"(2) For the purpose of this subsection and subsection (b) through "State." 
subsection (e), the term 'State' does not include Guam, American 
Samoa, the Virgin Islands, and the Trust Territory of the Pacific 
Islands. 
"(3) The number of handicapped children receiving special edu-
cation and related services in any fiscal year shall be equal to the 
average of the number of such children receiving special education 
and related services on October 1 and February 1 of the fiscal year 
preceding the fiscal year for which the determination is made. 
"(4) For purposes of paragraph (1)(B), the term 'average per "Average per 
pupil expenditure', in the United States, means the aggregate current P^pil 
expenditures, during the second fiscal year preceding the fiscal year expenditure, 
for Avhich the computation is made (or, if satisfactory data for such 
year are not available at the time of computation, then during the 
most recent preceding fiscal year for which satisfactory data are avail-
able) of all local educational agencies in the United States (which, 
for purposes of this subsection, means the fifty States and the District 
of Columbia), as the case may be, plus any direct expenditures by the 
State for operation of such agencies (without regard to the source 
of funds from which either of such expenditures are made), divided 
by the aggregate number of children in average daily attendance to 
whom such agencies provided free public education during such pre-
ceding year. 
"(5) (A) In determining the allotment of each State under para-
graph (1), the Commissioner may not count— 
"(i) handicapped children in such State under paragraph (1) 
(A) to the extent the number of such children is greater than 
12 per centum of the number of all children aged five to seventeen, 
inclusive, in such State; 
"(ii) as part of such percentage, children with specific learning 
disabilities to the extent the number of such children is greater 
than one-sixth of such percentage; and 
"(iii) handicapped children who are counted under section 121 
of the Elementary and Secondary Education Act of 1965. 
20 USC 241c-l. 
"(B) For purposes of subparagraph (A), the number of children 
aged five to seventeen, inclusive, in any State shall be determined by 
the Commissioner on the basis of the most recent satisfactory data 
available to him. 
89 STAT. 778 
PUBLIC LAW 94-142—NOV. 29, 1975 
"(b) (1) Of the funds received under subsection (a) by any State 
for the fiscal year ending September 30,1978— 
"(A) 50 per centum of such funds may be used by such State 
in accordance with the provisions of paragraph (2); and 
"(B) 50 per centum of such funds shall be distributed by such 
State pursuant to subsection (d) to local educational agencies 
and intermediate educational units in such State, for use in 
accordance with the priorities established under section 612(3). 
"(2) Of the funds which any State may use under paragraph (1) 
" (A) an amount which is equal to the greater of— 
"(i) 5 per centum of the total amount of funds received 
under this part by such State; or 
"(ii) $200,000; 
may be used by such State for administrative costs related to 
carrying out sections 612 and 613; 
"(B) the remainder shall be used by such State to provide 
support services and direct services, in accordance with the priori-
ties established under section 612(3). 
"(c) (1) Of the funds received under subsection (a) by any State 
for the fiscal year ending September 30,1979, and for each fiscal year 
thereafter— 
"(A) 25 per centum of such funds may be used by such State 
in accordance with the provisions of paragraph (2); and 
"(B) except as provided in paragraph (3), 75 per centum of 
such funds shall be distributed by such State pursuant to subsec-
tion (d) to local educational agencies and intermediate educational 
units in such State, for use in accordance with priorities established 
under section 612(3). 
"(2) (A) Subject to the provisions of subparagraph (B), of the 
funds which any State may use under paragraph (1)(A) — 
" (i) an amount which is equal to the greater of— 
"(I) 5 per centum of the total amount of funds received 
under this part by such State; or 
"(II) $200,000; 
may be used by such State for administrative costs related to 
carrying out the provisions of sections 612 and 613; and 
"(ii) the remainder shall be used by such State to provide 
support services and direct services, in accordance with the prior-
ities established under section 612(3). 
"(B) The amount expended by any State from the funds available 
to such State under paragraph (1) (A) in any fiscal year for the 
provision of support services or for the provision of direct services 
shall be matched on a program basis by such State, from funds other 
than Federal funds, for the provision of support services or for the 
provision of direct services for the fiscal year involved. 
"(3) The provisions of section 613(a)(9) shall not apply with 
respect to amounts available for use by any State under paragraph (2). 
"(4) (A) No funds shall be distributed by any State under this 
subsection in any fiscal year to any local educational agency or inter-
mediate educational unit in such State if— 
"(i) such local educational agency or intermediate educational 
unit is entitled, under subsection (d), to less than $7,500 for such 
fiscal year; or 
"(ii) such local educational agency or intermediate educational 
unit has not submitted an application for such funds which meets 
the requirements of section 614. 
PUBLIC LAW 94-142—NOV. 29, 1975 
89 STAT. 779 
"(B) Whenever the provisions of subparagraph (A) apply, the 
State involved shall use such funds to assure the provision of a free 
appropriate education to handicapped children residing in the area 
served by such local educational agency or such intermediate educa-
tional unit. The provisions of paragraph (2) (B) shall not apply to 
the use of such funds. 
"(d) From the total amount of funds available to local educational 
agencies and intermediate educational units in any State under sub-
section (b) (1) (B) or subsection (c)(1)(B), as the case may be, each 
local educational agency or intermediate educational unit shall be 
entitled to an amount which bears the same ratio to the total amount 
available under subsection (b)(1)(B) or subsection (c)(1)(B), as 
the case may be, as the number of handicapped children aged three to 
twenty-one, inclusive, receiving special education and related services 
in such local educational agency or intermediate educational unit 
bears to the aggregate number of handicapped children aged three 
to twenty-one, inclusive, receiving special education and related serv-
ices in all local educational agencies and intermediate educational 
units which apply to the State educational agency involved for funds 
under this part. 
"(e)(1) The jurisdictions to which this subsection applies are Guam, 
American Samoa, the Virgin Islands, and the Trust Territory of the 
Pacific Islands. 
"(2) Each jurisdiction to which this subsection applies shall be 
entitled to a grant for the purposes set forth in section 601(c) in an ^rite, p. 774. 
amount equal to an amount determined by the Commissioner in accord-
ance with criteria based on respective needs, except that the aggregate 
of the amount to which such jurisdictions are so entitled for any fiscal 
year shall not exceed an amount equal to 1 per centum of the aggregate 
of the amounts available to all States under this part for that fiscal 
year. If the aggregate of the amounts, determined by the Commissioner 
pursuant to the preceding sentence, to be so needed for any fiscal year 
exceeds an amount equal to such 1 per centum limitation, the entitle-
ment of each such jurisdiction shall be reduced proportionately until 
such aggregate does not exceed such 1 per centum limitation. 
"(3) The amount expended for administration by each jurisdiction 
under this subsection shall not exceed 5 per centum of the amount 
allotted to such jurisdiction for any fiscal year, or $35,000, whichever 
is greater. 
"(f) (1) The Commissioner is authorized to make payments to the 
Secretary of the Interior according to the need for such assistance for 
the education of handicapped children on reservations serviced by 
elementary and secondary schools operated for Indian children by the 
Department of the Interior. The amount of such payment for any 
fiscal year shall not exceed 1 per centum of the aggregate amounts 
available to all States under this part for that fiscal year. 
"(2) The Secretary of the Interior may receive an allotment under 
this subsection only after submitting to the Commissioner an applica-
tion which meets the applicable requirements of section 614(a) and 
which is approved by the Commissioner. The provisions of section 616 
shall apply to any such application. 
89 STAT. 780 
PUBLIC LAW 94-142—NOV. 29, 1975 
"(g) (1) If the sums appropriated for any fiscal year for rnaking 
payments to States under this part are not sufficient to pay in full 
the total amounts which all States are entitled to receive under this 
part for such fiscal year, the maximum amounts which all States 
are entitled to receive under this part for such fiscal year shall be 
ratably reduced. In case additional funds become available for making 
such payments for any fiscal year during which the preceding sen-
tence is applicable, such reduced amounts shall be increased on the 
same basis as they were reduced. 
"(2) In the case of any fiscal year in which the maximum amounts 
for which States are eligible have been reduced under the first sen-
tence of paragraph (1), and in which additional funds have not 
been made available to pay in full the total of such maximum amounts 
under the last sentence of such paragraph, the State educational agency 
shall fix dates before which each local educational agency or inter-
mediate educational unit shall report to the State educational agency 
on the amount of funds available to the local educational agency or 
intermediate educational unit, under the provisions of subsection (d), 
which it estimates that it will expend in accordance with the provi-
sions of this part. The amounts so available to any local educational 
agency or intermediate educational unit, or any amount which would 
be available to any other local educational agency or intermediate 
educational unit if it were to submit a program meeting the require-
ments of this part, which the State educational agency determines 
will not be used for the period of its availability, shall be available 
for allocation to those local educational agencies or intermediate 
educational units, in the manner provided by this section, which the 
State educational agency determines will need and be able to use 
additional funds to carry out approved programs. 
"ELIGIBILITY 
20 use 1412. 
"SEC. 612. In order to qualify for assistance under this part in any 
fiscal year, a State shall demonstrate to the Commissioner that the 
following conditions are met: 
"(1) The State has in effect a policy that assures all handicapped 
children the right to a free appropriate public education. 
"(2) The State has developed a plan pursuant to section 613(b) in 
effect prior to the date of the enactment of the Education for All 
Handicapped Children Act of 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 handicapped children, (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 handicapped children between the ages of three and eighteen 
within the State not later than September 1, 1978, and for all 
handicapped children between the ages of three and twenty-one 
within the State not later than September 1, 1980, except that, 
with respect to handicapped children 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 require-
PUBLIC LAW 94-142—NOV. 29, 1975 
89 STAT. 781 
ments 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 handicapped, 
regardless of the severity of their handicap, and who are in need 
of special education and related services are identified, located, 
and evaluated, and that a practical method is developed and imple-
mented 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 617(c) ; and 
" ( E ) 
the 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 
Commissioner. 
"(3) The State has established priorities for providing a free 
appropriate public education to all handicapped children, which 
priorities shall meet the timetables set forth in clause (B) of para-
graph (2) of this section, first with respect to handicapped children 
who are not receiving an education, and second with respect to handi-
capped children, within each disability, with the most severe handicaps 
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 handicapped 
child, and such program shall be established, reviewed, and revised as 
provided in section 614(a) (5). 
"(5) The State has established (A) procedural safeguards as 
required by section 615, (B) procedures to assure that, to the maximum 
extent appropriate, handicapped children, including children in public 
or private institutions or other care facilities, are educated with chil-
dren who are not handicapped, and that special classes, separate 
schooling, or other removal of handicapped children from the regular 
educational environment occurs only when the nature or severity of 
the handicap 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 
handicapped children 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 appro-
priate educational program for a child. 
"(6) The State educational agency shall be responsible for assuring Administration, 
that the requirements of this part are carried out and that all educa-
tional programs for handicapped children 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 educa-
tional programs for handicapped children in the State educational 
agency and shall meet education standards of the State educational 
agency. 
89 STAT. 782 
PUBLIC LAW 94-142—NOV. 29, 1975 
Notice, hearings. 
«(7) The State shall assure that (A) in carrying out the require-
ments of this section procedures are established for consultation with 
individuals involved in or concerned with the education of handicapped 
children, including handicapped individuals and parents or guardians 
of handicapped children, and (B) there are public hearings, adequate 
notice of such hearijigs, 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 613. 
"STATE PLANS 
20 use 1413. 
"SEC. 613. (a) Any State meeting the eligibility requirements set 
forth in section 612 and desiring to participate in the program under 
this part shall submit to the Commissioner, through its State educa-
tional agency, a State plan at such time, in such manner, and containing 
or accompanied by such information, as he deems necessary. Each such 
plan shall— 
"(1) set forth policies and procedures designed to assure that 
funds paid to the State under this part will be expended in accord-
ance with the provisions of this part, with particular attention 
given to the provisions of sections 611 (b), 611 (c), 611 (d), 612 (2), 
and 612 (3); 
"(2) provide that programs and procedures will be established 
to assure that funds received by the State or any of its political 
subdivisions under any other Federal program, including section 
121 of the Elementary and Secondary Education Act of 1965 (20 
20 use 241C-1. 
U.S.C. 241C-2), section 305(b) (8) of such Act (20 U.S.C. 844a 
(b) (8)) or its successor authority, and section 122(a) (4) (B) of 
the Vocational Education Act df 1963 (20 U.S.C. 1262(a)(4) 
(B)), under which there is specific authority for the provision of 
assistance for the education of handicapped children, will be 
utilized by the State, or any of its political subdivisions, only in a 
manner consistent with the goal of providing a free appropriate 
public education for all handicapped children, except that nothing 
in this clause shall be construed to limit the specific requirements 
of the laws governing such Federal programs; 
"(3) set forth, consistent with the purposes of this Act, a 
description of programs and procedures for (A) the develop-
ment and implementation of a comprehensive system of personnel 
development which shall include the inservice training of general 
and special educational instructional and support personnel, 
detailed procedures to assure that all personnel necessary to carry 
out the purposes of this Act are appropriately and adequately 
prepared and trained, and effective procedures for acquiring and 
disseminating to teachers and administrators of programs for 
handicapped children significant information derived from edu-
cational research, demonstration, and similar projects, and (B) 
adopting, where appropriate, promising educational practices 
and materials development through such projects; 
" (4) set forth policies and procedures to assure— 
"(A) that, to the extent consistent with the number and 
location of handicapped children in the State who are enrolled 
in private elementary and secondary schools, provision 
is made for the participation of such children in the program 
assisted or carried out under this part by providing for such 
children special education and related services; and 
PUBLIC LAW 94-142—NOV. 29, 1975 
89 STAT. 783 
Reports and 
records. 
"(B) that (i) handicapped children in private schools and 
facilities will be provided special education and related serv-
ices (in conformance with an individualized educational pro-
gram as required by this part) at no cost to their parents or 
guardian, if such children are placed in or referred to such 
schools or facilities by the State or appropriate local educa-
tional agency as the means of carrying out the requirements 
of this part or any other applicable law requiring the pro-
vision of special education and related services to all handi-
capped children within such State, and (ii) in all such 
instances the State educational agency shall determine 
whether such schools and facilities meet standards that apply 
to State and local educational agencies and that children so 
served have all the rights they would have if served by such 
agencies; 
"(5) set forth policies and procedures which assure that the 
State shall seek to recover any funds made available under this 
part for services to any child who is determined to be erroneously 
classified as eligible to be counted under section 611 (a) or section 
611(d); 
"(6) provide satisfactory assurance that the control of funds 
provided under this part, and title to property derived therefrom, 
shall be in a public agency for the uses and purposes provided in 
this part, and that a public agency will administer such funds 
and propert;^ ; 
"(7) provide for (A) making such reports in such form and 
containing such information as the Commissioner may require 
to carry out his functions under this part, and (B) keeping such 
records and affording such access thereto as the Commissioner 
may find necessary to assure the correctness and verification of 
such reports and proper disbursement of Federal funds under 
this part; 
"(8) provide procedures to assure that final action with respect Notice, hearings, 
to any application submitted by a local educational agency or 
an intermediate educational unit shall not be taken without first 
affording the local educational agency or intermediate educa-
tional unit involved reasonable notice and opportunity for a 
hearing; 
"(9) provide satisfactory assurance that Federal funds made 
available under this part (A) will not be commingled with 
State funds, and (B) will be so used as to supplement and 
increase the level of State and local funds expended for the edu-
cation of handicapped children and in no case to supplant such 
State and local funds, except that, where the State provides clear 
and convincing evidence that all handicapped children have 
available to them a free appropriate public education, the Com-
missioner may waive in part the requirement of this clause if he 
concurs with the evidence provided by the State; 
"(10) provide, consistent with procedures prescribed pursuant 
to section 617(a) (2), satisfactory assurance that such fiscal control 
and fund accounting procedures will be adopted as may he. neces-
sary to assure proper disbursement of, and accounting for. Federal 
funds paid under this part to the State, including any such funds 
paid by the State to local educational agencies and intermediate 
educational units; 
89 STAT. 784 
PUBLIC LAW 94-142—NOV. 29, 1975 
Evaluation. 
State advisory 
panel. 
Notice, hearings. 
20 use 1414. 
"(11) provide for procedures for evaluation at least annually 
of the effectiveness of programs in meeting the educational needs 
of handicapped children (including evaluation of individualized 
education programs), in accordance with such criteria that the 
Commissioner shall prescribe pursuant to section 617; and 
"(12) provide that the State has an advisory panel, appointed 
by the Governor or any other official authorized under State law 
to make such appointments, composed of individuals involved in 
or concerned with the education of handicapped children, includ-
ing handicapped individuals, teachers, parents or guardians of 
handicapped children. State and local education officials, and 
administrators of programs for handicapped children, which (A) 
advises the State educational agency of unmet needs within the 
State in the education of handicapped children, (B) comments 
publicly on any rules or regulations proposed for issuance by the 
State regarding the education of handicapped children and the 
procedures for distribution of funds under this part, and (C) 
assists the State in developing and reporting such data and evalu-
ations as may assist the Commissioner in the performance of his 
responsibilities under section 618. 
" (b) Whenever a State educational agency provides free appropriate 
l^ublic education for handicapped children, or provides direct services 
to such children, such State educational agency shall include, as part 
of the State plan required by subsection (a) of this section, such addi-
tional assurances not specified in such subsection (a) as are contained 
in section 614(a), except that funds available for the provision of 
such education or services may be expended without regard to the pro-
visions relating to excess costs in section 614(a). 
"(c) The Commissioner shall approve any State plan and any modi-
fication thereof which— 
"(1) is submitted bv a State eligible in accordance with section 
612; and 
"(2) meets the requirements of subsection (a) and subsec-
tion (b). 
The Commissioner shall disapprove any State plan which does not 
meet the requirements of the preceding sentence, but shall not finally 
disapprove a State plan except after reasonable notice and opportunity 
for a hearing to the State. 
a 
APPLICATION 
"SEC. 614. (a) A local educational agency or an intermediate edu-
cational unit which desires to receive payments under section 611(d) 
for any fiscal year shall submit an application to the appropriate 
State educational agency. Such application shall— 
"(1) provide satisfactory assurance that payments under this 
part will be used for excess costs directly attributable to pro-
grams which— 
"(A) provide that all children residing within the juris-
diction of the local educational agency or the intermediate 
educational unit who are handicapped, regardless of the 
severity of their handicap, and are in need of special educa-
tion and related services will be identified, located, and eval-
uated, and provide for the inclusion of a practical method of 
determining which children are currently receiving needed 
special education and related services and which children are 
not currently receiving such education and services; 
"(B) establish policies and procedures in accordance with 
detailed criteria prescribed under section 617(c); 
PUBLIC LAW 94-142—NOV. 29, 1975 
89 STAT. 785 
"(C) establish a goal of providing full educational oppor-
tunities to all handicapped children, including— 
"(i) procedures for the implementation and use of 
the comprehensive system of personnel development 
established by the State educational agency under section 
613(a)(3); 
" (ii) the provision of, and the establishment of priori-
ties for providing, a free appropriate public education 
to all handicapped children, first with respect to handi-
capped children who are not receiving an education, and 
second with respect to handicapped children, within each 
disability, with the most severe handicaps who are receiv-
ing an inadequate education; 
"(iii) the participation and consultation of the par-
ents or guardian of such children; and 
"(iv) to the maximum extent practicable and con-
sistent with the provisions of section 612(5) (B), the 
provision of special services to enable such children to 
participate in regular educational programs; 
"(D) establish a detailed timetable for accomplishing the 
goal described in subclause (C) ; and 
"(E) provide a description of the kind and number of 
facilities, personnel, and services necessai-y to meet the goal 
described in subclause (C) ; 
"(2) provide satisfactory assurance that (A) the control of 
funds provided under this part, and title to property derived from 
such funds, shall be in a public agency for the uses and purposes 
provided in this part, and that a pulalic agency will administer 
such funds and property, (B) Federal funds expended by local 
educational agencies and intermediate educational units for pro-
grams under this part (i) shall be used to pay only the excess 
costs directly attributable to the education of handicapped chil-
dren, and (ii) shall be used to supplement and, to the extent prac-
ticable, increase the level of State and local funds expended for 
the education of handicapped children, and in no case to supplant 
such State and local funds, and (C) State and local funds will be 
used in the jurisdiction of the local educational agency or inter-
mediate educational unit to provide services in progr-am areas 
which, taken as a whole, are at least comparable to services being 
provided in areas of such jurisdiction which are not i-eceiving 
funds under this part; 
"(3) (A) provide for furnishino; such information (which, in 
the case of reports relating to performance, is in accordance with 
specific performance criteria related to program objectives), as 
may be necessary to enable the State educational agency to perform 
its duties under this pait, including information relating to the 
educational achievement of handicapped children participating 
in programs carried out under this part; and 
"(B) provide for keeping such records, and provide for afford-
ing such access to such records, as the State educational agency 
may find necessary to assure the correctness and verification of 
such information furnished under subclause (A); 
" (4) provide for making the application and all pertinent docu-
ments related to such application available to parents, guardians, 
and other members of the general public, and provide that all 
evaluations and reports required iinder clause (3) shall be public 
information; 
Recordkeeping. 
Public 
information, 
availability. 
89 STAT. 786 
PUBLIC LAW 94-142—NOV. 29, 1975 
"(5) provide assurances that the local educational agency or 
intermediate educational unit will establish, or revise, whichever 
is appropriate, an individualized education program for each 
handicapped child at the beginning of each school year and will 
then review and, if appropriate revise, its provisions periodically, 
but not less than annually; 
"(6) provide satisfactory assurance that policies and programs 
established and administered by the local educational agency or 
intermediate educational unit shall be consistent with the provi-
sions of paragraph (1) through paragraph (7) of section 612 
and section 613(a) ; and 
"(7) provide satisfactory assurance that the local educational 
agency or intermediate educational unit will establish and main-
tain procedural safeguards in accordance with the provisions of 
sections612(5) (B),612(5) (C),and615. 
Application 
"(b)(1) A State educational agency shall approve any application 
approval. 
submitted by a local educational agency or an intermediate educa-
tional unit under subsection (a) if the State educational agency 
determines that such application meets the requirements of subsection 
(a), except that no such application may be approved until the State 
plan submitted by such State educational agency under subsection 
(a) is approved by the Commissioner under section 613(c). A State 
educational agency shall disapprove any application submitted by a 
local educational agency or an intermediate educational unit under 
subsection (a) if the State educational agency determines that such 
application does not meet the requirements of subsection (a). 
Notice, hearing. 
"(2) (A) Whenever a State educational agency, after reasonable 
notice and opportunity for a hearing, finds that a local educational 
agency or an intermediate educational unit, in the administration of 
an applica,tion approved by the State educational agency under para-
graph (1), has failed to comply with any requirement set forth in such 
application, the State educational agency, after giving appropriate 
notice to the local educational agency or the intermediate educational 
unit, shall— 
" (i) make no further payments to such local educational agency 
or such intermediate educational unit under section 620 until the 
State educational agency is satisfied that there is no longer any 
failure to comply with the requirement involved; or 
" (ii) take such finding into account in its review of any applica-
tion made by such local educational agency or such intermediate 
educational unit under subsection (a). 
"(B) The provisions of the last sentence of section 616(a) shall 
apply to any local educational agency or any intermediate educational 
unit receiving any notification from a State educational agency under 
this paragraph. 
"(3) In carrying out its functions under paragraph (1), each State 
educational agency shall consider any decision made pursuant to a 
hearing held under section 615 which is adverse to the local educa-
tional agency or intermediate educational unit involved in such 
decision. 
"(c) (1) A State educational agency may, for purposes of the con-
sideration and approval of applications under this section, require 
local educational agencies to submit a consolidated application for 
payments if such State educational agency determines that any indi-
vi(iual application submitted by any such local educational agency 
will be disapproved because such local educational agency is ineligible 
PUBLIC LAW 94-142—NOV. 29, 1975 
89 STAT. 787 
to receive payments because of the application of section 611(c) (4) 
(A) (i) or such local educational agency would be unable to establish 
and maintain programs of sufficient size and scope to effectively meet 
the educational needs of handicapped children. 
"(2) (A) In any case in which a consolidated application of local 
educational agencies is approved by a State educational agency under 
paragraph (1), the payments which such local educational agencies 
may receive shall be equal to the sum of payments to which each such 
local educational agency would be entitled under section 611(d) if an 
individual application of any such local educational agency had been 
approved. 
"(B) The State educational agency shall prescribe rules and regula-
tions with respect to consolidated applications submitted under this 
subsection which are consistent with the provisions of paragraph (1) 
through paragraph (7) of section 612 and section 613(a) and which 
provide participating local educational agencies with joint responsi-
bilities for implementing programs receiving payments under this 
part. 
"(C) In any case in which an intermediate educational unit is 
required pursuant to State law to carry out the provisions of this part, 
the joint responsibilities given to local educational agencies under sub-
paragraph (B) shall not apply to the administration and disburse-
ment of any payments received by such intermediate educational unit. 
Such responsibilities shall be carried out exclusively by such inter-
mediate educational unit. 
"(d) Whenever a State educational agency determines that a local 
educational agency— 
" (1) is unable or unwilling to establish and maintain programs 
of free appropriate public education which meet the requirements 
established in subsection (a) ; 
"(2) is unable or unwilling to be consolidated with other local 
educational agencies in order to establish and maintain such pro-
grams; or 
"(3) has one or more handicapped children who can best be 
served by a regional or State center designed to meet the needs of 
such children; 
the State educational agency shall use the payments which would 
have been available to such local educational agency to provide special 
education and related services directly to handicapped children resid-
ing in the area served by such local educational agency. The State 
educational agency may provide such education and services in such 
manner, and at such locations (including regional or State centers), 
as it considers appropriate, except that the manner in which such 
education and services are provided shall be consistent with the require-
ments of this part. 
"(e) Whenever a State educational agency determines that a local 
educational agencj^ is adequately providing a free appropriate public 
education to all handicapped children residing in the area served by 
such agency w^ith State and local funds otherwise available to such 
agency, the State educational agency may reallocate funds (or such 
portion of those funds as may not be required to provide such educa-
tion and services) made available to such agency, pursuant to section 
611(d), to such other local educational agencies within the State as 
are not adequately providing special education and related services 
to all handicapped children residing in the areas served by such other 
local educational agencies. 
Rules and 
regulations. 
Funds, 
reallocation. 
89 STAT. 788 
PUBLIC LAW 94-142—NOV. 29, 1975 
"(f) Notwithstanding the provisions of subsection (a) (2) (B) (ii), 
any local educational agency which is required to carry out any pro-
gram for the education of handicapped children pursuant to a State 
law shall be entitled to receive payments under section 611(d) for 
use in carrying out such program, except that such payments may 
not be used to reduce the level of expenditures for such program made 
by such local educational agency from State or local funds below 
the level of such expenditures for the fiscal year prior to the fiscal 
year for which such local educational agency seeks such payments. 
a 
PROCEDURAL SAFEGUARDS 
20 use 1415. 
"SEC. 615. (a) Any State educational agency, any local educational 
agency, and any intermediate educational unit which receives assist-
ance under this part shall establish and maintain procedures in 
accordance with subsection (b) through subsection (e) of this section 
to assure that handicapped children and their parents or guardians are 
guaranteed procedural safeguards with respect to the provision of 
free appropriate public education by such agencies and units. 
"(b) (1) The procedures required by this section shall include, but 
shall not be limited to— 
"(A) an opportunity for the parents or guardian of a handi-
capped child to examine all relevant records with respect to the 
identification, evaluation, and educational placement of the child, 
and the provision of a free appropriate public education to such 
child, and to obtain an independent educational evaluation of the 
child; 
"(B) procedures to protect the rights of the child whenever the 
parents or guardian of the child are not known, unavailable, or 
the child is a ward of the State, including the assignment of an 
individual (who shall not be an employee of the State educational 
agency, local educational agency, or intermediate educational 
unit involved in the education or care of the child) to act as a 
surrogate for the parents or guardian; 
"(C) written prior notice to the parents or guardian of the 
child whenever such agency or unit— 
" (i) proposes to initiate or change, or 
" (ii) refuses to initiate or change, 
the identification, evaluation, or educational placement of the 
child or the provision of a free appropriate public education to 
the child; 
"(D) procedures designed to assure that the notice required by 
clause (C) fully inform the parents or guardian, in the parents' 
or guardian's native language, unless it clearly is not feasible 
to do so, of all procedures available pursuant to this section; and 
"(E) an opportunity to present complaints with respect to any 
matter relating to the identification, evaluation, or educational 
placement of the child, or the provision of a free appropriate pub-
lic education to such child. 
Hearing. 
" (2) Whenever a complaint has been received under paragraph (1) 
of this subsection, the parents or guardian shall have an opportunity 
for an impartial due process hearing which shall be conducted by the 
State educational agency or by the local educational agency or inter-
mediate educational unit, as determined by State law or by the State 
educational agency. No hearing conducted pursuant to the require-
ments of this paragraph shall be conducted by an employee of such 
agency or unit involved in the education or care of the child. 
PUBLIC LAW 94-142—NOV. 29, 1975 
89 STAl'. 789 
"(c) If the hearing required in paragraph (2) of subsection (b) 
of this section is conducted by a local educational agency or an inter-
mediate educational unit, any party aggrieved by the findings and 
decision rendered in such a hearing may appeal to the State educa-
tional agency which shall conduct an impartial review of such hearing. 
The officer conducting such review shall make an independent decision 
upon completion of such review. 
"(d) Any party to any hearing conducted pursuant to subsections 
(b) and (c) shall be accorded (1) the right to be accompanied and 
advised by counsel and by individuals with special knowledge or 
training with respect to the problems of handicapped children, (2) 
the right to present evidence and confront, cross-examine, and compel 
the attendance of witnesses, (3) the right to a written or electronic 
verbatim record of such hearing, and (4) the right to written findings 
of fact and decisions (which findings and decisions shall also be trans-
mitted to the advisory panel established pursuant to section 
613(a)(12)). 
"(e)(1) A decision made in a hearing conducted pursuant to 
paragraph (2) of subsection (b) shall be final, except that any party 
involved in such hearing may appeal such decision under the provisions 
of subsection (c) and paragraph (2) of this subsection. A decision 
made under subsection (c) shall be final, except that any party may 
bring an action under paragraph (2) of this subsection. 
"(2) Any party aggrieved by the findings and decision made Civil action, 
under subsection (b) who does not have the right to an appeal under 
subsection (c), and any party aggrieved by the findings and decision 
under subsection (c), shall have the right to bring a civil action with 
respect to the complaint presented pursuant to this section, which 
action may be brought in any State court of competent jurisdiction 
or in a district court of the United States without regard to the 
amount in controversy. In any action brought under this paragraph 
the court shall receive the records of the administrative proceedings, 
shall hear additional evidence at the request of a party, and, basing 
its decision on the preponderance of the evidence, shall grant such 
relief as the court determines is appropriate. 
"(3) During the pendency of any proceedings conducted pursuant 
to this section, unless the State or local educational agency and the 
parents or guardian otherwise agree, the child shall remain in the 
then current educational placement of such child, or, if applying for 
initial admission to a public school, shall, with the consent of the 
parents or guardian, be placed in the public school program until 
all such proceedings have been completed. 
"(4) The district courts of the United States shall have jurisdiction Jurisdiction, 
of actions brought under this subsection without regard to the 
amount in controversy. 
a WITHHOLDING AND JUDICIAL REVIEW 
"SEC. 616. (a) Whenever the Commissioner, after reasonable notice 
and opportunity for hearing to the State educational agency involved 
(and to any local educational agency or intermediate educational 
unit affected by any failure described in clause (2)), finds— 
"(1) that there has been a failure to comply substantially with 
any provision of section 612 or section 613, or 
Notice, hearing. 
20 use 1416. 
89 STAT. 790 
PUBLIC LAW 94-142—NOV. 29, 1975 
"(2) that in the administration of the State plan there is a 
failure to comply with any provision of this part or with any 
requirements set forth in the application of a local educational 
agency or intermediate educational unit approved by the State 
educational agency pursuant to the State plan, 
the Commissioner (A) shall, after notifying the State educational 
agency, withhold any further payments to the State under this part, 
and (B) may, after notifying the State educational agency, with-
hold further payments to the State under the Federal programs 
specified in section 613(a) (2) within his jurisdiction, to the extent 
that funds under such programs are available for the provision of 
assistance for the education of handicapped children. If the Com-
missioner withholds further i^ayments under clause (A) or clause (B) 
he may determine that such withholding will be limited to programs 
or projects under the State plan, or portions thereof, affected by the 
failure, or that the State educational agency shall not make further 
payments under this part to specified local educational agencies or 
intermediate educational units affected by the failure. Until the Com-
missioner is satisfied that there is no longer any failure to comply with 
the provisions of this part, as specified in clause (1) or clause (2), 
no further payments shall be made to the State under this part or 
under the Federal programs specified in section 613(a)(2) within 
his jurisdiction to the extent that funds under such programs are 
available for the provision of assistance for the education of handi-
capped children, or payments by the State educational agency under 
this part shall be limited to local educational agencies and inter-
mediate educational units whose actions did not cause or were not 
involved in the failure, as the case may be. Any State educational 
agency, local educational agency, or intermediate educational unit in 
receipt of a notice pursuant to the first sentence of this subsection 
shall, by means of a public notice, take such measures as may be neces-
sary to bring the pendency of an action pursuant to this subsection 
to the attention of the public within the jurisdiction of such agency 
or unit. 
Petition for 
"(b)(1) If any State is dissatisfied with the Commissioner's final 
review, 
action with respect to its State plan submitted under section 613, such 
State may, within sixtv days after notice of such action, file with the 
United States court of appeals for the circuit in which such State 
is located a petition for review of that action. A copy of the petition 
shall be forthwith transmitted by the clerk of the court to the Com-
missioner. The Commissioner thereupon shall file in the court the 
record of the proceedings on w^hich he based his action, as provided 
in section 2112 of title 28, United States Code. 
"(2) The findings of fact by the Commissioner, if supported by 
substantial evidence, shall be conclusive; but the court, for good cause 
shown, may remand the case to the Commissioner to take further 
evidence, and the Commissioner may thereupon make new or modified 
findings of fact and may modify his previous action, and shall file in 
the court the record of the further proceedings. Such new or modified 
findings of fact shall likewise be conclusive if supported by substantial 
evidence. 
"(3) Upon the filing of such petition, the court shall have jurisdic-
tion to affirm the action of the Commissioner or to set it aside, in whole 
or in part. The judgment of the court shall be subject to review by the 
Supreme Court of the United States upon certiorari or certification 
as provided in section 1254 of title 28, United States Code. 
PUBLIC LAW 94-142—NOV. 29, 1975 
89 STAT. 791 
u 
ADMINISTRATION 
"SEC. 617. (a) (1) In carrying out his duties under this part, the 20 USC 1417. 
Commissioner shall— 
"(A) cooperate with, and furnish all technical assistance nec-
essary, directly or by grant or contract, to the States in matters 
relating to the education of handicapped children and the execu-
tion of the provisions of this part; 
"(B) provide such short-term training programs and institutes 
as are necessary; 
"(C) disseminate information, and otherwise promote the edu-
cation of all handicapped children within the States; and 
"(D) assure that each State shall, within one year after the date 
of the enactment of the Education for All Handicapped Children 
Act of 1975, provide certification of the actual number of handi-
capped children receiving special education and related services 
in such State, 
"(2) As soon as practicable after the date of the enactment of the Regulations. 
Education for All Handicapped Children Act of 1975, the Commis-
sioner shall, by regulation, prescribe a uniform financial report to be 
utilized by State educational agencies in submitting State plans under 
this part in order to assure equity among the States. 
"(b) In carrying out the provisions of this part, the Commissioner 
(and the Secretary, in carrying out the provisions of subsection (c)) 
shall issue, not later than January 1, 1977, amend, and revoke such 
rules and regulations as may be necessary. No other less formal method 
of implementing such provisions is authorized. 
"(c) The Secretary shall take appropriate action, in accordance 
with the provisions of section 438 of the General Education Provisions 
Act, to assure the protection of the confidentiality of any personally 
20 USC 1232g. 
identifiable data, information, and records collected or maintained by 
the Commissioner and by State and local educational agencies pursuant 
to the provisions of this part. 
"(d) The Commissioner is authorized to hire qualified personnel 
necessary to conduct data collection and evaluation activities required 
by subsections (b), (c) and (d) of section 618 and to carry out his 
duties under subsection (a) (1) of this subsection without regard to 
the provisions of title 5, United States Code, relating to appointments 
in the competitive service and without regard to chapter 51 and sub-r 
chapter III of chapter 53 of such title relating to dassification and 5 USC 5101, 
general schedule pay rates except that no more than twenty such 5331. 
personnel shall be employed at any time. 
a 
EVALUATION 
"SEC. 618. (a) The Commissioner shall measure and evaluate the 20 U
S
C 1418. 
impact of the program authorized under this part and the effectiveness 
of State efforts to assure the free appropriate public education of all 
handicapped children. 
"(b) The Commissioner shall conduct, directly or by grant or con-
tract, such studies, investigations, and evaluations as are necessary to 
assure effective implementation of this part. In carrying out his 
responsibilities under this section, the Commissioner shall— 
"(1) through the National Center for Education Statistics, 
provide to the appropriate committees of each House of the Con-
gress and to the general public at least annually, and shall update 
at least annually, programmatic information concerning programs 
and projects assisted under this part and other Federal programs 
89 STAT. 792 
PUBLIC LAW 94-142—NOV. 29, 1975 
supporting the education of handicapped children, and such 
information from State and local educational agencies and other 
appropriate sources necessary for the implementation of this 
part, including— 
"(A) the number of handicapped children in each State, 
within each disability, who require special education and 
related services; 
"(B) the number of handicapped children in each State, 
within each disability, receiving a free appropriate public 
education and the number of handicapped children who need 
and are not receiving a free appropriate public education in 
each such State; 
"(C) the number of handicapped children in each State, 
within each disability, who are participating in regular edu-
cational programs, consistent with the requirements of section 
612(5) (B) and section 614(a) (1) (C) (iv), and the number 
of handicapped children who have been placed in separate 
classes or separate school facilities, or who have been other-
wise removed from the regular education environment; 
"(D) the number of handicapped children who are enrolled 
in public or private institutions in each State and who 
are receiving a free appropriate public education, and the 
number of handicapped children who are in such institutions 
and who are not receiving a free appropriate public education; 
"(E) the amount of Federal, State, and local expenditures 
in each State specifically available for special education and 
related services; and 
"(F) the number of personnel, by disability category, 
employed in the education of handicapped children, and the 
estimated number of additional personnel needed to ade-
quately carry out the policy established by this Act; and 
"(2) provide for the evaluation of programs and projects 
assisted under this part through— 
" (A) the development of effective methods and procedures 
for evaluation; 
"(B) the testing and validation of such evaluation meth-
ods and procedures; and 
"(C) conducting actual evaluation studies designed to test 
the effectiveness of such programs and projects. 
"(c) In developing and furnishing information under subclause 
(E) of clause (1) of subsection (b), the Commissioner may base such 
information upon a sampling of data available from State agencies, 
including the State educational agencies, and local educational 
agencies. 
Report, 
"(d)(1) Not later than one hundred twenty days after the close 
transmittal to 
of ea,ch fiscal year, the Commissioner shall transmit to the appropriate 
congressional 
committees of each House of the Congress a report on the progress 
committees. 
being made toward the provision of free appropriate public education 
to all handicapped children, including a detailed description of all 
evaluation activities conducted under subsection (b). 
Contents. 
"(2) The Commissioner shall include in each such report— 
"(A) an analysis and evaluation of the effectiveness of proce-
dures undertaken by each State educational agency, local educa-
tional agency, and intermediate educational unit to assure that 
handicapped children receive special education and related serv-
ices in the least restrictive environment commensurate with their 
needs and to improve programs of instruction for handicapped 
children in day or residential facilities; 
PUBLIC LAW 94-142—NOV. 29, 1975 
89 STAT'. 793 
"(B) any recommendations for change in the provisions of 
this part, or any other Federal law providing support for the 
education of handicapped children; and 
"(C) an evaluation of the effectiveness of the procedures under-
taken by each such agency or unit to prevent erroneous classifi-
cation of children as eligible to be counted under section 611, 
including actions undertaken by the Commissioner to carry out 
provisions of this Act relating to such erroneous classification. 
In order to carry out such analyses and evaluations, the Commis-
sioner shall conduct a statistically valid survey for assessing the 
effectiveness of individualized educational programs. 
"(e) There are authorized to be appropriated for each fiscal year 
such sums as may be necessary to carry out the provisions of this 
section. 
a 
INCENTIVE GRANTS 
"SEC. 619. (a) The Commissioner shall make a grant to any State 
which— 
" (1) has met the eligibility requirements of section 612; 
" (2) has a State plan approved under section 613; and 
"(3) provides special education and related services to handi-
capped children aged three to five, inclusive, who are counted for 
the purposes of section 611 (a) (1) (A). 
The maximum amount of the grant for each fiscal year which a 
State may receive under this section shall be $300 for each such child 
in that State. 
" (b) Each State which— 
" (1) has met the eligibility requirements of section 612, 
" (2) has a State plan approved under section 613, and 
" (3) desires to receive a grant under this section, 
shall make an application to the Commissioner at such time, in such 
manner, and containing or accompanied by such information, as the 
Commissioner may reasonably require. 
"(c) The Commissioner shall pay to each State having an applica-
tion approved under subsection (b) of this section the amount to which 
the State is entitled under this section^ which amount shall be used 
for the purpose of providing the services specified in clause (3) of 
subsection (a) of this section. 
"(d) If the sums appropriated for any fiscal year for making pay-
ments to States under this section are not sufficient to pay in full 
the maximum amounts which all States may receive under this part 
for such fiscal year, the maximum amounts which all States may 
receive under this part for such fiscal year shall be ratably reduced. 
In case additional funds become available for making such payments 
for any fiscal year during which the preceding sentence is applicable, 
such reduced amounts shall be increased on the same basis as they 
were reduced. 
"(e) In addition to the sums necessary to pay the entitlements 
under section 611, there are authorized to be appropriated for each 
fiscal year such sums as may be necessary to carry out the provi-
sions of this section. 
a 
PAYMENTS 
"SEC. 620. (a) The Commissioner shall make payments to each 
State in amounts which the State educational agency of such State 
is eligible to receive under this part. Any State educational agency 
receiving payments under this subsection shall distribute payments 
Appropriation 
authorizaticm. 
20 use 1419. 
Appropriation 
authorization. 
20 use 1420. 
89 STAT. 794 
PUBLIC LAW 94-142—NOV. 29, 1975 
Regulations. 
20 use 1411 
note. 
Proposed 
regulation, 
submittal to 
congressional 
committees. 
Publication in 
Federal Register. 
20 u s e 1401. 
Definitions. 
20 u s e 1411. 
to the local educational agencies and intermediate educational units 
of such State in amounts which such agencies and units are eligible 
to receive under this part after the State educational agency has 
approved applications of such agencies or units for payments in 
accordance with section 614(b). 
"(b) Payments under this part may be made in advance or by 
way of reimbursement and in such installments as the Commissioner 
may determine necessary.". 
(b) (1) The Commissioner of Education shall, no later than one year 
after the effective date of this subsection, prescribe— 
(A) regulations which establish specific criteria for determining 
whether a particular disorder or condition may be considered a 
specific learning disability for purposes of designating children 
with specific learning disabilities; 
(B) regulations which establish and describe diagnostic proce-
dures which shall be used in determining whether a particular 
child has a disorder or condition which places such child in the 
category of children with specific learning disabilities; and 
(C) regulations which establish monitoring procedures which 
will be used to determine if State educational agencies, local educa-
tional agencies, and intermediate educational units are complying 
with the criteria established under clause (A) and clause (B). 
(2) The Commissioner shall submit any proposed regulation writ-
ten under paragraph (1) to the Committee on Education and Labor of 
the House of Representatives and the Committee on Labor and Public 
Welfare of the Senate, for review and comment by each such commit-
tee, at least fifteen days before such regulation is published in the 
Federal Register. 
(3) If the Commissioner determines, as a result of the promulga-
tion of regulations under paragraph (1), that changes are necessary 
in the definition of the term "children with specific learning disabil-
ities", as such term is defined by section 602(15) of the Act, he shall 
submit recommendations for legislation with respect to such changes 
to each House of the Congress. 
(4) For purposes of this subsection: 
(A) 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 learning problems which are pri-
marily the result of visual, hearing, or motor handicaps, of mental 
retardation, of emotional disturbance, or environmental, cultural, 
or economic disadvantage. 
(B) The term "Commissioner" means the Commissioner of 
Education. 
(c) Effective on the date upon which final regulations prescribed 
by the Commissioner of Education under subsection (b) take effect, 
the amendment made by subsection (a) is amended, in subparagraph 
(A) of section 611(a)(5) (as such subparagraph would take effect 
on the effective date of subsection (a)), by adding "and" at the end of 
clause (i), by striking out clause (ii), and by redesignating clause (iii) 
as clause (ii). 
PUBLIC LAW 94-142—NOV. 29, 1975 
89 STAT. 795 
AMENDMENTS WITH RESPECT TO EMPLOYMENT OF HANDICAPPED INDIVID-
UALS, REMOVAL OF ARCHITECTURAL BARRIERS, AND MEDIA CENTERS 
SEC. 6. (a) Part A of the Act is amended by inserting after section 
605 thereof the following new sections: 
" E M P L O Y M E N T O F HANDICAPPED INDIVIDUALS 
"SEC. 606. The Secretary shall assure that each recipient of assist- 20 USC 1405. 
ance under this Act shall make positive efforts to employ and advance 
in employment qualified handicapped individuals in programs assisted 
under this Act. 
u 
GRANTS FOR THE REMOVAL OF ARCHITECTURAL BARRIERS 
"SEC. 607. (a) Upon application by any State or local educational 
20 USC 1406. 
agency or intermediate educational unit the Commissioner is author-
ized to make grants to pay part or all of the cost of altering existing 
buildings and equipment in the same manner and to the same extent 
as authorized by the Act approved August 12, 1968 (Public Law 
90-480), relating to architectural barriers. 
"(b) For the purpose of carrying out the provisions of this section. Appropriation 
there are authorized to be appropriated such sums as may be authorization, 
necessary.". 
(b) Section 653 of the Act (20 U.S.C. 1453) is amended to read 
as follows: 
" C E N T E R S O N EDUCATIONAL MEDIA AND MATERIALS FOR THE HANDICAPPED 
"SEC. 653. (a) The Secretary is authorized to enter into agreements 
with institutions of higher education. State and local educational 
agencies, or other appropriate nonprofit agencies, for the establish-
ment and operation of centers on educational media and materials 
for the handicapped, which together will provide a comprehensive 
program of activities to facilitate the use of new educational tech-
nology in education programs for handicapped persons, including 
designing, developing, and adapting instructional materials, and such 
other activities consistent with the purposes of this part as the Secre-
tary may prescribe in such agreements. Any such agreement shall— 
"(1) provide that Federal funds paid to a center will be used 
solely for such purposes as are set forth in the agreement; and 
"(2) authorize the center involved, subject to prior approval 
by the Secretary, to contract with public and private agencies and 
organizations for demonstration projects. 
"(b) In considering proposals to enter into agreements under this 
section, the Secretary shall give preference to institutions and 
agencies— 
" (1) which have demonstrated the capabilities necessary for the 
development and evaluation of educational media for the handi-
capped ; and 
(2) which can serve the educational technology needs of the 
Model High School for the Deaf (established under Public Law 
89-694). 
80 Stat. 1027. 
"(c) The Secretary shall make an annual report on activities carried 
Report to 
out under this section which shall be transmitted to the Congress.". 
Congress. 
89 STAT. 796 
PUBLIC LAW 94-142—NOV. 29, 1975 
CONGRESSIONAL DISAPPROVAL OF REGULATIONS 
SEC. 7. (a) (1) Section 431(d) (1) of the General Education Provi-
sions Act (20 U.S.C. 1232(d)(1)) is amended by inserting "final" 
immediately before "standard" each place it appears therein. 
(2) The third sentence of section 431(d) (2) of such Act (20 U.S.C. 
1232(d)(2)) is amended by striking out "proposed" and inserting 
in lieu thereof "final". 
(3) The fourth and last sentences of section 431(d)(2) of such 
Act (20 U.S.C. 1232(d)(2)) each are amended by inserting "final" 
immediately before "standard". 
(b) Section 431(d)(1) of the General Education Provisions Act 
(20 U.S.C. 1232(d)(1)) is amended by adding at the end thereof 
the following new sentence: "Failure of the Congress to adopt such 
a concurrent resolution with respect to any such final standard, rule, 
regulation, or requirement prescribed under any such Act, shall not 
represent, with respect to such final standard, rule, regulation, or 
requirement, an approval or finding of consistency with the Act from 
which it derives its authority for any purpose, nor shall such failure 
to adopt a concurrent resolution be construed as evidence of an 
approval or finding of consistency necessary to establish a prima facie 
case, or an inference or presumption, in any judicial proceeding.". 
EFFECTIVE DATES 
20 use 1411 
SEC 8. (a) Notwithstanding any other provision of law, the amend-
note. 
ments made by sections 2(a), 2(b), and 2(c) shall take effect on 
July 1, 1975. 
(b) The amendments made by sections 2(d), 2(e), 3, 6, and 7 shall 
take effect on the date of the enactment of this Act. 
(c) The amendments made by sections 4 and 5(a) shall take effect 
on October 1, 1977, except that the provisions of clauses (A), (C), 
(D), and (E) of paragraph (2) of section 612 of the Act, as amended 
by this Act, section 617(a) (1) (D) of the Act, as amended by this 
Act, section 617(b) of the Act, as amended by this Act, and section 
618(a) of the Act, as amended by this Act, shall take effect on the 
date of the enactment of this Act. 
(d) The provisions of section 5(b) shall take effect on the date of 
the enactment of this Act. 
Approved November 29, 1975. 
LEGISLATIVE HISTORY: 
HOUSE REPORTS: No. 94-332 accompanying H.R. 7217 (Comm. on Education and 
Labor) and No. 94-664 (Comm. of Conference). 
SENATE REPORTS: No. 94-168 (Comm. on Labor and Public Welfare) and No. 
94-455 (Comm. of Conference). 
CONGRESSIONAL RECORD, Vol. 121 (1975): 
June 18, considered and passed Senate. 
July 21, 29, considered and passed House, amended, in lieu of H.R. 7217. 
Nov. 18, House agreed to conference report. 
Nov. 19, Senate agreed to conference report. 
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 11, No. 49: 
Dec. 2, Presidential statement.