October 7, 1975 Pub. Law 94-105 materials and techniques for the innovative presentation of nutritional information.". TECHNICAL AMENDMENT SEC. 24. Section 3 of the National School Lunch Act is amended by 42 USC 1752. striking out "section 13" and inserting in lieu thereof "sections 13, 17 and 19". CARL ALBERT Speaker of the House of Representatives. DALE BUMPERS Acting President of the Senate pro Tempore. IN THE HOUSE OF REPRESENTATIVES, U.S., October 7, 1975. The House of Representatives having proceeded to reconsider the bill (H. R. 4222) entitled "An Act to amend the National School Lunch Act and the Child Nutrition Act of 1966 in order to extend and revise the special food service program for children and the school breakfast program, and for other purposes related to strengthening the school lunch and child nutrition programs", returned by the President of the United States with his objections, to the House of Representatives, in which it originated, it was Resolved, That the said bill pass, two-thirds of the House of Representatives agreeing to pass the same. Attest: W. PAT JENNINGS Clerk. By Benjamin J. Guthrie I certify that this Act originated in the House of Representatives. Pub. Law 94-105 October 7, 1975 IN THE SENATE OF THE UNITED STATES, October 7 (legislative day, September 11), 1975. The Senate having proceeded to reconsider the bill (H. R. 4222) entitled "An Act to amend the National School Lunch Act and the Child Nutrition Act of 1966 in order to extend and revise the special food service program for children and the school breakfast program, and for other purposes related to strengthening the school lunch and child nutrition programs", returned by the President of the United States with his objections to the House of Representatives, in which it originated, it was Resolved, That the said bill pass, two-thirds of the Senators present having voted in the affirmative. Attest: FRANCIS R. VALEO Secretary. LEGISLATIVE HISTORY: HOUSE REPORTS: No. 94-68 (Comm. on Education and Labor) and SENATE REPORTS: No. 94-259 (Comm. on Agriculture and Forestry) CONGRESSIONAL RECORD, Vol. 121 (1975) Mar. 24, 25, Apr. 28, considered and passed House. Sept. 18, House agreed to conference report. Sept. 19, Senate agreed to conference report. WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 11, No. 40: Oct. 3, vetoed; Presidential message. CONGRESSIONAL RECORD, Vol. 121 (1975): Oct. 7, House and Senate overrode veto. 89 STAT. 530 Public Law 94-142 94th Congress, S. 6 November 29, 1975 An Act To amend the Education of the Handicapped Act to provide educational assistance to all bandicapped children, and for other purposes. Be it enacted by 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 611(c)(1) 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 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". (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". Education for Children Act of note, 20 USC 1411 (b) (1) Section 614(a) of the Education Amendments of 1974 (Public Law 93-380; 88 Stat. 580) is amended by striking out "fiscal year note. 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 September 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," 20 USC 1411 note, 89 STAT. 773 20 USC 1413 note. Ante, p. 773. 20 USC 1412, Publication in tez, Ante, p. 773. 20 USC 1411 note, 20 USC 1401 note, Pub. Law 94-142 November 29, 1975 (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 ending June 30, 1975, and 1976, for the period beginning July 1, 1973, and ending September 30, 1976, and for the fiscal year ending September 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 following: ", 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 HəndiCapped Children Act of 1975, prescribe and publish in the Federal Register such rules as he considers necessary to carry out the provisions 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 September 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. 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 residence 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 educational agencies can and will provide effective special education and related services to meet the needs of handicapped children; 89 STAT. 774 November 29, 1975 Pub. Law 94-142 "(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 efforts to provide programs to meet the educational 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- Ante, 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 localities 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 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- (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 instruction, 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 evaluation 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). 89 STAT. 775 20 USC 1401, |