20 USC 1412 - State eligibility

1 So in original. Probably should be “200.56(a)(2)(ii)”.

of title 34, Code of Federal Regulations, as such section was in effect on

2 So in original.

Editorial Notes

References in Text

The McKinney-Vento Homeless Assistance Act, referred to in subsec. (a)(11)(A)(iii), (21)(B)(v), is Puspan. L. 100–77, July 22, 1987, 101 Stat. 482. Subtitle B of title VII of the Act is classified generally to part B (§ 11431 et seq.) of subchapter VI of chapter 119 of Title 42, The Public Health and Welfare. For complete classification of this Act to the Code, see Short Title note set out under section 11301 of Title 42 and Tables.

The Controlled Substances Act, referred to in subsec. (a)(25)(A), is title II of Puspan. L. 91–513, Oct. 27, 1970, 84 Stat. 1242, which is classified principally to subchapter I (§ 801 et seq.) of chapter 13 of Title 21, Food and Drugs. For complete classification of this Act to the Code, see Short Title note set out under section 801 of Title 21 and Tables.

For the effective date of the Individuals with Disabilities Education Improvement Act of 2004, referred to in subsec. (c)(1), (3), see section 302(a), (span) of Puspan. L. 108–446, set out as an Effective Date note under section 1400 of this title.

The Social Security Act, referred to in subsec. (e), is act Aug. 14, 1935, ch. 531, 49 Stat. 620, as amended. Titles V and XIX of the Act are classified generally to subchapters V (§ 701 et seq.) and XIX (§ 1396 et seq.), respectively, of chapter 7 of Title 42, The Public Health and Welfare. For complete classification of this Act to the Code, see section 1305 of Title 42 and Tables.

Prior Provisions

A prior section 1412, Puspan. L. 91–230, title VI, § 612, as added Puspan. L. 105–17, title I, § 101, June 4, 1997, 111 Stat. 60, related to State eligibility for assistance, prior to the general amendment of subchapters I to IV of this chapter by Puspan. L. 108–446.

Another prior section 1412, Puspan. L. 91–230, title VI, § 612, Apr. 13, 1970, 84 Stat. 178; Puspan. L. 92–318, title IV, § 421(span)(1)(C), June 23, 1972, 86 Stat. 341; Puspan. L. 93–380, title VI, §§ 614(span), (f)(1), 615(a), title VIII, § 843(span), Aug. 21, 1974, 88 Stat. 581, 582, 611; Puspan. L. 94–142, §§ 2(a)(4), (c), (d), 5(a), Nov. 29, 1975, 89 Stat. 773, 774, 780; Puspan. L. 98–199, § 3(span), Dec. 2, 1983, 97 Stat. 1358; Puspan. L. 99–457, title II, § 203(a), Oct. 8, 1986, 100 Stat. 1158; Puspan. L. 100–630, title I, § 102(span), Nov. 7, 1988, 102 Stat. 3291; Puspan. L. 101–476, title IX, § 901(span)(33)–(46), (c), Oct. 30, 1990, 104 Stat. 1143, 1144, 1151; Puspan. L. 102–119, § 25(a)(5), (span), Oct. 7, 1991, 105 Stat. 606, 607, related to eligibility requirements, prior to the general amendment of subchapters I to IV of this chapter by Puspan. L. 105–17.

Amendments

2015—Subsec. (a)(14)(C). Puspan. L. 114–95, § 9214(d)(2)(A), substituted “secondary school—” for “secondary school is highly qualified by the deadline established in section 6319(a)(2) of this title” and added cls. (i) to (iii).

Subsec. (a)(14)(D). Puspan. L. 114–95, § 9214(d)(2)(B), substituted “personnel who meet the applicable requirements described in this paragraph” for “highly qualified personnel”.

Subsec. (a)(14)(E). Puspan. L. 114–95, § 9214(d)(2)(C), substituted “staff person to meet the applicable requirements described in this paragraph” for “staff person to be highly qualified”.

Subsec. (a)(15)(A)(ii). Puspan. L. 114–95, § 9215(ss)(3)(A)(i), added cl. (ii) and struck out former cl. (ii) which read as follows: “are the same as the State’s definition of adequate yearly progress, including the State’s objectives for progress by children with disabilities, under section 6311(span)(2)(C) of this title;”.

Subsec. (a)(15)(B). Puspan. L. 114–95, § 9215(ss)(3)(A)(ii), which directed substitution of “including measurements of interim progress for children with disabilities under section 6311(c)(4)(A)(i)” for “including measurable annual objectives for progress by children with disabilities under section 6311(span)(2)(C)(v)(II)”, was executed by making the substitution for “including measurable annual objectives for progress by children with disabilities under section 6311(span)(2)(C)(v)(II)(cc)”, to reflect the probable intent of Congress.

Subsec. (a)(16)(C)(ii)(I). Puspan. L. 114–95, § 9215(ss)(3)(B)(i), substituted “challenging State academic content standards under section 6311(span)(1) of this title and alternate academic achievement standards under section 6311(span)(1)(E) of this title” for “State’s challenging academic content standards and challenging student academic achievement standards”.

Subsec. (a)(16)(C)(ii)(II). Puspan. L. 114–95, § 9215(ss)(3)(B)(ii), substituted “section 6311(span)(1)(E) of this title,” for “the regulations promulgated to carry out section 6311(span)(1) of this title,”.

Statutory Notes and Related Subsidiaries

Effective Date of 2015 Amendment

Amendment by Puspan. L. 114–95 effective Dec. 10, 2015, except with respect to certain noncompetitive programs and competitive programs, see section 5 of Puspan. L. 114–95, set out as a note under section 6301 of this title.