---
kind: "section"
citation: "20 U.S.C. § 1434"
title: "20"
title_heading: "Education"
number: "1434"
heading: "Eligibility"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/20/1434"
units:
  - "Chapter 33 — Education of Individuals with Disabilities"
  - "Subchapter III — Infants and Toddlers with Disabilities"
---

# §1434. Eligibility


In order to be eligible for a grant under [section 1433 of this title](/usc/20/1433.md), a [State](/usc/20/1401.md?p=31) shall provide assurances to the [Secretary](/usc/20/1401.md?p=28) that the [State](/usc/20/1401.md?p=31)—

- (1) has adopted a policy that appropriate [early intervention services](/usc/20/1432.md?p=4) are available to all infants and toddlers with disabilities in the [State](/usc/20/1401.md?p=31) and their families, including [Indian](/usc/20/1401.md?p=12) infants and toddlers with disabilities and their families residing on a reservation geographically located in the [State](/usc/20/1401.md?p=31), infants and toddlers with disabilities who are [homeless children](/usc/20/1401.md?p=11) and their families, and infants and toddlers with disabilities who are wards of the [State](/usc/20/1401.md?p=31); and
- (2) has in effect a statewide system that meets the requirements of [section 1435 of this title](/usc/20/1435.md).

## Source credit

(Pub. L. 91–230, title VI, § 634, as added Pub. L. 108–446, title I, § 101, Dec. 3, 2004, 118 Stat. 2746.)

## Notes

### Editorial Notes

### Prior Provisions

A prior section 1434, Pub. L. 91–230, title VI, § 634, as added Pub. L. 105–17, title I, § 101, June 4, 1997, 111 Stat. 108, related to grant eligibility, prior to the general amendment of subchapters I to IV of this chapter by Pub. L. 108–446.

Another prior section 1434, Pub. L. 91–230, title VI, § 634, Apr. 13, 1970, 84 Stat. 185; Pub. L. 98–199, §§ 3(b), 11, Dec. 2, 1983, 97 Stat. 1358, 1372; Pub. L. 101–476, title IV, § 404, Oct. 30, 1990, 104 Stat. 1135; Pub. L. 102–119, § 9(c)(1), Oct. 7, 1991, 105 Stat. 595, related to reports to Secretary by recipients of grants and contracts, prior to the general amendment of subchapters I to IV of this chapter by Pub. L. 105–17.