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DINF Web Posted on December 15, 1997


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THE INDIVIDUALS WITH DISABILITIES EDUCATION ACT AMENDMENTS OF 1995

SECTION-BY-SECTION ANALYSIS

Section 2, organization of the Act. Section 2 of the bill would state that the bill is organized into four titles: Title I--Amendments to Part A of the IDEA; Title II--Amendments to Part B of the IDEA; Title III--Discretionary Programs; and Title IV--Amendments to Part H of the IDEA.

Section 3, effective dates; transition. Section 3(a)(1) of the bill would set the general effective dates for the bill as: (1) July 1, 1996 for the amendments to Parts A, B, and H of the IDEA; (2) the date of enactment for the one-year extension of the discretionary grant programs in Parts C through G; and (3) October 1, 1996, for the complete restatement of those parts.

In recognition of the additional time it will take States to comply with a few of the amendments to Parts B and H, section 3(a)(2) of the bill would require compliance as soon as possible with those particular provisions, but by no later than specified dates. States would have until July 1, 1997 to comply with section 602(11), relating to the contents of individualized education programs (IEPs). Until they comply with that section, the State (and local educational agencies (LEAs) and affected State agencies in the State) would have to comply with the current provisions of the IDEA relating to the contents of IEPs. States would also have until July 1, 1997 to comply with section 612(a)(16), relating to State performance goals and indicators; and with sections 615(b)(5), 615(d), and 680(a)(8), relating to mediation. Finally, States would have until July 1, 1998 to comply with section 614(d)(2)(C), relating to the participation of regular education teachers in IEP teams.

In order to ensure the efficient use of Federal resources, section 3(b) would allow the Secretary to complete the funding of multi-year competitive projects originally funded under current law.


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