20 U.S.C. § 1417

Administration

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(a) Responsibilities of SecretaryThe Secretary shall—(1) cooperate with, and (directly or by grant or contract) furnish technical assistance necessary to, a State in matters relating to—(A) the education of children with disabilities; and(B) carrying out this subchapter; and(2) provide short-term training programs and institutes.(b) Prohibition against Federal mandates, direction, or control

Nothing in this chapter shall be construed to authorize an officer or employee of the Federal Government to mandate, direct, or control a State, local educational agency, or school’s specific instructional content, academic achievement standards and assessments, curriculum, or program of instruction.

The Secretary shall take appropriate action, in accordance with section 1232g of this title, to ensure the protection of the confidentiality of any personally identifiable data, information, and records collected or maintained by the Secretary and by State educational agencies and local educational agencies pursuant to this subchapter.

(d) Personnel

The Secretary is authorized to hire qualified personnel necessary to carry out the Secretary’s duties under subsection (a), under section 1418 of this title, and under part D of subchapter IV, without regard to the provisions of title 5 relating to appointments in the competitive service and without regard to chapter 51 and subchapter III of chapter 53 of such title relating to classification and general schedule pay rates, except that no more than 20 such personnel shall be employed at any time.

(e) Model formsNot later than the date that the Secretary publishes final regulations under this chapter, to implement amendments made by the Individuals with Disabilities Education Improvement Act of 2004, the Secretary shall publish and disseminate widely to States, local educational agencies, and parent and community training and information centers—(1) a model IEP form;(2) a model individualized family service plan (IFSP) form;(3) a model form of the notice of procedural safeguards described in section 1415(d) of this title; and(4) a model form of the prior written notice described in subsections (b)(3) and (c)(1) of section 1415 of this title that is consistent with the requirements of this subchapter and is sufficient to meet such requirements.(Pub. L. 91–230, title VI, § 617, as added Pub. L. 108–446, title I, § 101, Dec. 3, 2004, 118 Stat. 2737.)Editorial NotesReferences in Text

The provisions of title 5 relating to appointments in the competitive service, referred to in subsec. (d), are classified generally to section 3301 et seq. of Title 5, Government Organization and Employees.

The Individuals with Disabilities Education Improvement Act of 2004, referred to in subsec. (e), is Pub. L. 108–446, Dec. 3, 2004, 118 Stat. 2647. For complete classification of this Act to the Code, see Short Title of 2004 Amendment note set out under section 1400 of this title and Tables.

Prior Provisions

A prior section 1417, Pub. L. 91–230, title VI, § 617, as added Pub. L. 105–17, title I, § 101, June 4, 1997, 111 Stat. 100, related to Secretary’s administrative duties, prior to the general amendment of subchapters I to IV of this chapter by Pub. L. 108–446.

Another prior section 1417, Pub. L. 91–230, title VI, § 617, as added Pub. L. 94–142, § 5(a), Nov. 29, 1975, 89 Stat. 791; amended Pub. L. 98–199, § 3(b), Dec. 2, 1983, 97 Stat. 1358; Pub. L. 100–630, title I, § 102(g), Nov. 7, 1988, 102 Stat. 3295; Pub. L. 101–476, title IX, § 901(b)(77), (78), Oct. 30, 1990, 104 Stat. 1145; Pub. L. 102–119, § 25(a)(7), (b), Oct. 7, 1991, 105 Stat. 606, 607, related to Secretary’s administrative duties, prior to the general amendment of subchapters I to IV of this chapter by Pub. L. 105–17.

Notes of Decisions

Cited in 45 cases (7 in the last 5 years), 1980–2026 · leading case: Traverse Bay Area Intermediate Sch. Dist. v. Michigan Dep't of Educ., 615 F.3d 622 (6th Cir. 2010).

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Traverse Bay Area Intermediate Sch. Dist. v. Michigan Dep't of Educ., 615 F.3d 622 (6th Cir. 2010). · cites it 2× “See 20 U.S.C. § 1417 (delegating regulatory authority to Secretary); id.”

Irving Indep. Sch. Dist. v. Tatro, 468 U.S. 883 (1984). · cites it 2× “20 U. S. C. § 1417 (b). This function was initially vested in the Commissioner of Education of the Department of Health, Education, and Welfare, who promulgated the regulations in question.”

N.W. v. Dist. of Columbia, 318 F.R.D. 196 (D.D.C. 2016). “The IDEA requires that the federal government and state and local education agencies “ensure the protection of the confidentiality of any personally identifiable data, information, and records,” 20 U.S.C. § 1417 (c), which includes “[t]he name of the child, the child’s parent,…”

State v. Ivonne Saavedra (073793), 117 A.3d 1169 (N.J. 2015). “See 20 U.S.C.A. § 1417 (c). NJSBA identifies sensitive information that is included in student records, particularly the records of students receiving special services, and argues 15 that the removal of such records from the Board’s files imperiled federal funding on which the…”

United States of Am. v. Westinghouse Elec. Corp., Appellant, 638 F.2d 570 (3rd Cir. 1980). “§ 603 (c)(2)(C) (1976) (protecting personal material in Congressional budget data); 20 U.S.C. § 1417 (c) (1976) (requiring protection of personal information about handicapped students).”

G.L. v. Ligonier Valley Sch. Dist. Auth., 802 F.3d 601 (3rd Cir. 2015). “In that model notice, it again repeated the language of § 1415(b)(6), but cautioned states that if they “established a specific timeframe for requesting a hearing under the IDEA that is different than two years (either shorter or longer), revise the above statement to reflect…”

Catrone v. Miles, 160 P.3d 1204 (Ariz. Ct. App. 2007). · cites it 2× “” 20 U.S.C. § 1417 (c) (Supp.2006). One provision of the subchapter requires the states to develop, review, and revise an IEP for each child with a disability.”

Champa v. Weston Pub. Schs., 39 N.E.3d 435 (Mass. 2015). · cites it 2× “The IDEA adopts the confidentiality standards in FERPA and incorporates FERPA’s definition of “education records,” see 20 U.S.C. § 1417 (c), 14 but its implementing regulations introduce additional procedural protections to safeguard the confidentiality of personally…”

Webster Groves Sch. Dist. v. Pulitzer Publ'g Co., 898 F.2d 1371 (8th Cir. 1990). “20 U.S.C. § 1417 (c) (1988). 5 Identifying information about such students is not to be released absent parental consent and its confidentiality is to be protected.”

Daniel Abrahamson, Etc. v. Corrine Hershman, Etc., 701 F.2d 223 (1st Cir. 1983). “Regulations promulgated by the Secretary of the Department of Education pursuant to authority conferred by the Act, 20 U.S.C. § 1417 (b), provide that If placement in a public or private residential program is necessary to provide special education and related services to a…”

C.M. v. Bd. of Educ. of Union Cnty. Reg'l High Sch. Dist., 128 F. App'x 876 (3rd Cir. 2005). “” See 20 U.S.C. § 1417 (c) (directing the Secretary of Education to comply with 20 U.”

Gaumond v. Trinity Repertory Co., 909 A.2d 512 (R.I. 2006). “20 U.S.C. § 1417 (c) states: "Confidentiality!)] The Secretary shall take appropriate action, in accordance with section 1232g of this title, to ensure the protection of the confidentiality of any personally identifiable data, information, and records collected or maintained by…”

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