[House Report 108-77]
[From the U.S. Government Publishing Office]
108th Congress Report
HOUSE OF REPRESENTATIVES
1st Session 108-77
==============================================================
IMPROVING EDUCATION RESULTS FOR CHILDREN WITH DISABILITIES ACT OF 2003
_______
April 29, 2003.--Committed to the Committee of the Whole House on the
State of the Union and ordered to be printed
_______
Mr. Boehner, from the Committee on Education and the Workforce,
submitted the following
R E P O R T
together with
MINORITY VIEWS
[To accompany H.R. 1350]
[Including cost estimate of the Congressional Budget Office]
The Committee on Education and the Workforce, to whom was
referred the bill (H.R. 1350) to reauthorize the Individuals
with Disabilities Education Act, and for other purposes, having
considered the same, report favorably thereon with an amendment
and recommend that the bill as amended do pass.
The amendment is as follows:
Strike all after the enacting clause and insert the
following:
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Improving Education Results for
Children With Disabilities Act of 2003''.
TITLE I--GENERAL PROVISIONS
SEC. 101. SECTIONS 601 THROUGH 603 OF THE INDIVIDUALS WITH DISABILITIES
EDUCATION ACT.
Sections 601 through 603 of the Individuals with Disabilities
Education Act (20 U.S.C. 1400-1402) are amended to read as follows:
``SEC. 601. SHORT TITLE; TABLE OF CONTENTS; FINDINGS; PURPOSES.
``(a) Short Title.--This Act may be cited as the `Individuals with
Disabilities Education Act'.
``(b) Table of Contents.--The table of contents for this Act is as
follows:
``Part A--General Provisions
``Sec. 601. Short title; table of contents; findings; purposes.
``Sec. 602. Definitions.
``Sec. 603. Office of Special Education Programs.
``Sec. 604. Abrogation of State sovereign immunity.
``Sec. 605. Acquisition of equipment; construction or alteration of
facilities.
``Sec. 606. Employment of individuals with disabilities.
``Sec. 607. Requirements for prescribing regulations.
``Sec. 608. State administration.
``Part B--Assistance for Education of All Children with Disabilities
``Sec. 611. Authorization; allotment; use of funds; authorization of
appropriations.
``Sec. 612. State eligibility.
``Sec. 613. Local educational agency eligibility.
``Sec. 614. Evaluations, eligibility determinations, individualized
education programs, and educational placements.
``Sec. 615. Procedural safeguards.
``Sec. 616. Monitoring, enforcement, withholding, and judicial review.
``Sec. 617. Administration.
``Sec. 618. Program information.
``Sec. 619. Preschool grants.
``Part C--Infants and Toddlers with Disabilities
``Sec. 631. Findings and policy.
``Sec. 632. Definitions.
``Sec. 633. General authority.
``Sec. 634. Eligibility.
``Sec. 635. Requirements for statewide system.
``Sec. 636. Individualized family service plan.
``Sec. 637. State application and assurances.
``Sec. 638. Uses of funds.
``Sec. 639. Procedural safeguards.
``Sec. 640. Payor of last resort.
``Sec. 641. State Interagency Coordinating Council.
``Sec. 642. Federal administration.
``Sec. 643. Allocation of funds.
``Sec. 644. Authorization of appropriations.
``Part D--National Activities To Improve Education of Children With
Disabilities
``Sec. 651. Findings.
``SUBPART 1--STATE PROFESSIONAL DEVELOPMENT GRANTS
``Sec. 652. Purpose.
``Sec. 653. Eligibility and collaborative process.
``Sec. 654. Applications.
``Sec. 655. Use of funds.
``Sec. 656. State grant amounts.
``Sec. 657. Authorization of appropriations.
``SUBPART 2--SCIENTIFICALLY BASED RESEARCH; TECHNICAL ASSISTANCE;
MODEL DEMONSTRATION PROJECTS; DISSEMINATION OF INFORMATION; AND
PERSONNEL PREPARATION PROGRAMS
``Sec. 661. Purpose.
``Sec. 662. Administrative provisions.
``Sec. 663. Research to improve results for children with disabilities.
``Sec. 664. Technical assistance, demonstration projects, dissemination
of information, and implementation of scientifically based research.
``Sec. 665. Personnel preparation programs to improve services and
results for children with disabilities.
``Sec. 666. Studies and evaluations.
``Sec. 667. Authorization of appropriations.
``SUBPART 3--SUPPORTS TO IMPROVE RESULTS FOR CHILDREN WITH
DISABILITIES
``Sec. 671. Purposes.
``Sec. 672. Parent training and information centers.
``Sec. 673. Community parent resource centers.
``Sec. 674. Technical assistance for parent training and information
centers.
``Sec. 675. Technology development, demonstration, and utilization; and
media services.
``(c) Findings.--Congress finds the following:
``(1) Disability is a natural part of the human experience
and in no way diminishes the right of individuals to
participate in or contribute to society. Improving educational
results for children with disabilities is an essential element
of our national policy of ensuring equality of opportunity,
full participation, independent living, and economic self-
sufficiency for individuals with disabilities.
``(2) Before the date of the enactment of the Education for
All Handicapped Children Act of 1975 (Public Law 94-142), the
special educational needs of millions of children with
disabilities were not being fully met and there were many
children with disabilities participating in regular school
programs whose undiagnosed disabilities prevented them from
having a successful educational experience.
``(3) Since the enactment and implementation of the Education
for All Handicapped Children Act of 1975, this Act has been
successful in ensuring children with disabilities and the
families of such children access to a free appropriate public
education and in improving educational results for children
with disabilities.
``(4) Over 25 years of research and experience has
demonstrated that the education of children with disabilities
can be made more effective by--
``(A) having high expectations for such children and
ensuring their access to the general education
curriculum in the regular classroom to the maximum
extent possible in order--
``(i) to meet developmental goals and, to the
maximum extent possible, the challenging
expectations that have been established for all
children; and
``(ii) to be prepared to lead productive and
independent adult lives, to the maximum extent
possible;
``(B) strengthening the role and responsibility of
parents and ensuring that families of such children
have meaningful opportunities to participate in the
education of their children at school and at home;
``(C) coordinating this Act with other local, State,
and Federal school improvement efforts, including
efforts under the Elementary and Secondary Education
Act of 1965, in order to ensure that children with
disabilities benefit from such efforts and that special
education can become a service for such children rather
than a place where they are sent;
``(D) supporting high-quality, intensive professional
development for personnel who work with children with
disabilities;
``(E) providing incentives for scientifically based
reading programs and prereferral intervention services
to reduce the need to label children as disabled in
order to address their learning needs;
``(F) focusing resources on teaching and learning
while reducing paperwork and requirements that do not
assist in improving educational results; and
``(G) supporting the development and use of
technology, including assistive technology devices and
services, to maximize accessibility for children with
disabilities.
``(5) While States, local educational agencies, and
educational service agencies are primarily responsible for
providing an education for all children with disabilities, it
is in the national interest that the Federal Government has a
supporting role in assisting State and local efforts to educate
children with disabilities in order to improve results for such
children and to ensure equal protection of the law.
``(6) A more equitable allocation of resources is essential
for the Federal Government to meet its responsibility to
provide an equal educational opportunity for all individuals.
``(7)(A) The Federal Government must respond to the growing
needs of an increasingly diverse society.
``(B) America's ethnic profile is rapidly changing. In the
year 2000, nearly one of every three persons in America was a
member of a minority group or was limited English proficient.
``(C) Minority children comprise an increasing percentage of
public school students.
``(D) With such changing demographics, recruitment efforts
for special education personnel should focus on increasing the
participation of minorities in the teaching profession in order
to provide appropriate role models with sufficient knowledge to
address the special education needs of these students.
``(8)(A) The limited English proficient population is the
fastest growing in our Nation, and the growth is occurring in
many parts of our Nation.
``(B) Studies have documented apparent discrepancies in the
levels of referral and placement of limited English proficient
children in special education.
``(C) This poses a special challenge for special education in
the referral, assessment, and provision of services for our
Nation's students from non-English language backgrounds.
``(9)(A) Greater efforts are needed to prevent the
intensification of problems connected with mislabeling and high
dropout rates among minority children with disabilities.
``(B) More minority children continue to be served in special
education than would be expected from the percentage of
minority students in the general school population.
``(C) African American children are overidentified as having
mental retardation and emotional disturbance at rates greater
than their white counterparts.
``(D) In the 1998-99 school year, African American children
represented just 14.8 percent of the population aged 6 through
21, but comprised 20.2 percent of all children with
disabilities.
``(E) Studies have found that schools with predominantly
Caucasian students and teachers have placed disproportionately
high numbers of their minority students into special education.
``(10)(A) As the number of minority students in special
education increases, the number of minority teachers and
related services personnel produced in colleges and
universities continues to decrease.
``(B) The opportunity for full participation by minority
individuals, organizations, and historically black colleges and
universities in awards for grants and contracts, boards of
organizations receiving assistance under this Act, peer review
panels, and training of professionals in the area of special
education is essential to obtain greater success in the
education of minority children with disabilities.
``(d) Purposes.--The purposes of this title are--
``(1)(A) to ensure that all children with disabilities have
available to them a free appropriate public education that
emphasizes special education and related services designed to
meet their unique needs and prepare them for further education,
employment, and independent living;
``(B) to ensure that the rights of children with disabilities
and parents of such children are protected; and
``(C) to assist States, localities, educational service
agencies, and Federal agencies to provide for the education of
all children with disabilities;
``(2) to assist States in the implementation of a statewide,
comprehensive, coordinated, multidisciplinary, interagency
system of early intervention services for infants and toddlers
with disabilities and their families;
``(3) to ensure that educators and parents have the necessary
tools to improve educational results for children with
disabilities by supporting system improvement activities;
coordinated research and personnel preparation; coordinated
technical assistance, dissemination, and support; and
technology development and media services; and
``(4) to assess, and ensure the effectiveness of, efforts to
educate children with disabilities.
``SEC. 602. DEFINITIONS.
``Except as otherwise provided, as used in this Act:
``(1) Assistive technology device.--The term `assistive
technology device' means any item, piece of equipment, or
product system, whether acquired commercially off the shelf,
modified, or customized, that is used to increase, maintain, or
improve functional capabilities of a child with a disability.
``(2) Assistive technology service.--The term `assistive
technology service' means any service that directly assists a
child with a disability in the selection, acquisition, or use
of an assistive technology device. Such term includes--
``(A) the evaluation of the needs of such child,
including a functional evaluation of the child in the
child's customary environment;
``(B) purchasing, leasing, or otherwise providing for
the acquisition of assistive technology devices by such
child;
``(C) selecting, designing, fitting, customizing,
adapting, applying, maintaining, repairing, or
replacing of assistive technology devices;
``(D) coordinating and using other therapies,
interventions, or services with assistive technology
devices, such as those associated with existing
education and rehabilitation plans and programs;
``(E) training or technical assistance for such
child, or, where appropriate, the family of such child;
and
``(F) training or technical assistance for
professionals (including individuals providing
education and rehabilitation services), employers, or
other individuals who provide services to, employ, or
are otherwise substantially involved in the major life
functions of such child.
``(3) Child with a disability.--
``(A) In general.--The term `child with a disability'
means a child--
``(i) with mental retardation, hearing
impairments (including deafness), speech or
language impairments, visual impairments
(including blindness), serious emotional
disturbance (hereinafter referred to as
`emotional disturbance'), orthopedic
impairments, autism, traumatic brain injury,
other health impairments, or specific learning
disabilities; and
``(ii) who, by reason thereof, needs special
education and related services.
``(B) Child aged 3 through 9.--The term `child with a
disability ' for a child aged 3 through 9 or any subset
of that age range, including ages 3 through 5, may, at
the discretion of the State and the local educational
agency, include a child--
``(i) experiencing developmental delays, as
defined by the State and as measured by
appropriate diagnostic instruments and
procedures, in one or more of the following
areas: physical development, cognitive
development, communication development, social
or emotional development, or adaptive
development; and
``(ii) who, by reason thereof, needs special
education and related services.
``(4) Educational service agency.--The term `educational
service agency'--
``(A) means a regional public multiservice agency--
``(i) authorized by State law to develop,
manage, and provide services or programs to
local educational agencies; and
``(ii) recognized as an administrative agency
for purposes of the provision of special
education and related services provided within
public elementary and secondary schools of the
State; and
``(B) includes any other public institution or agency
having administrative control and direction over a
public elementary or secondary school.
``(5) Elementary school.--The term `elementary school' means
a nonprofit institutional day or residential school that
provides elementary education, as determined under State law.
``(6) Equipment.--The term `equipment' includes--
``(A) machinery, utilities, and built-in equipment
and any necessary enclosures or structures to house
such machinery, utilities, or equipment; and
``(B) all other items necessary for the functioning
of a particular facility as a facility for the
provision of educational services, including items such
as instructional equipment and necessary furniture;
printed, published, and audio-visual instructional
materials; telecommunications, sensory, and other
technological aids and devices; and books, periodicals,
documents, and other related materials.
``(7) Excess costs.--The term `excess costs' means those
costs that are in excess of the average annual per-student
expenditure in a local educational agency during the preceding
school year for an elementary or secondary school student, as
may be appropriate, and which shall be computed after
deducting--
``(A) amounts received--
``(i) under part B of this title;
``(ii) under part A of title I of the
Elementary and Secondary Education Act of 1965;
and
``(iii) under title III of that Act; and
``(B) any State or local funds expended for programs
that would qualify for assistance under any of the
provisions of law described in subparagraph (A).
``(8) Free appropriate public education.--The term `free
appropriate public education' means special education and
related services that--
``(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(d).
``(9) Highly qualified.--The term `highly qualified' has the
same meaning as that term in section 9101 of the Elementary and
Secondary Education Act of 1965.
``(10) Indian.--The term `Indian' means an individual who is
a member of an Indian tribe.
``(11) Indian tribe.--The term `Indian tribe' means any
Federal or State Indian tribe, band, rancheria, pueblo, colony,
or community, including any Alaska Native village or regional
village corporation (as defined in or established under the
Alaska Native Claims Settlement Act).
``(12) Individualized education program.--The term
`individualized education program' or `IEP' means a written
statement for each child with a disability that is developed,
reviewed, and revised in accordance with section 614(d).
``(13) Individualized family service plan.--The term
`individualized family service plan' has the meaning given such
term in section 636.
``(14) Infant or toddler with a disability.--The term `infant
or toddler with a disability ' has the meaning given such term
in section 632.
``(15) Institution of higher education.--The term
`institution of higher education'--
``(A) has the meaning given that term in subsection
(a) or (b) of section 101 of the Higher Education Act
of 1965; and
``(B) also includes any community college receiving
funding from the Secretary of the Interior under the
Tribally Controlled Community College Assistance Act of
1978.
``(16) Local educational agency.--
``(A) The term `local educational agency' means a
public board of education or other public authority
legally constituted within a State for either
administrative control or direction of, or to perform a
service function for, public elementary or secondary
schools in a city, county, township, school district,
or other political subdivision of a State, or for such
combination of school districts or counties as are
recognized in a State as an administrative agency for
its public elementary or secondary schools.
``(B) The term includes--
``(i) an educational service agency, as
defined in paragraph (4); and
``(ii) any other public institution or agency
having administrative control and direction of
a public elementary or secondary school.
``(C) The term includes an elementary or secondary
school funded by the Bureau of Indian Affairs, but only
to the extent that such inclusion makes the school
eligible for programs for which specific eligibility is
not provided to the school in another provision of law
and the school does not have a student population that
is smaller than the student population of the local
educational agency receiving assistance under this Act
with the smallest student population, except that the
school shall not be subject to the jurisdiction of any
State educational agency other than the Bureau of
Indian Affairs.
``(17) Native language.--The term `native language', when
used with reference to an individual of limited English
proficiency, means the language normally used by the
individual, or, in the case of a child, the language normally
used by the parents of the child.
``(18) Nonprofit.--The term `nonprofit', as applied to a
school, agency, organization, or institution, means a school,
agency, organization, or institution owned and operated by one
or more nonprofit corporations or associations no part of the
net earnings of which inures, or may lawfully inure, to the
benefit of any private shareholder or individual.
``(19) Outlying area.--The term `outlying area' means the
United States Virgin Islands, Guam, American Samoa, and the
Commonwealth of the Northern Mariana Islands.
``(20) Parent.--The term `parent'--
``(A) includes a legal guardian; and
``(B) except as used in sections 615(b)(2) and
639(a)(5), includes an individual assigned under either
of those sections to be a surrogate parent.
``(21) Parent organization.--The term `parent organization'
has the meaning given that term in section 672(g).
``(22) Parent training and information center.--The term
`parent training and information center' means a center
assisted under sections 672 and 673.
``(23) Related services.--The term `related services' means
transportation, and such developmental, corrective, and other
supportive services (including speech-language pathology and
audiology services, psychological services, physical and
occupational therapy, recreation, including therapeutic
recreation, social work services, counseling services,
including rehabilitation counseling, orientation and mobility
services, and medical services, except that such medical
services shall be for diagnostic and evaluation purposes only)
as may be required to assist a child with a disability to
benefit from special education, and includes the early
identification and assessment of disabling conditions in
children.
``(24) Secondary school.--The term `secondary school' means a
nonprofit institutional day or residential school that provides
secondary education, as determined under State law, except that
it does not include any education beyond grade 12.
``(25) Secretary.--The term `Secretary' means the Secretary
of Education.
``(26) Special education.--The term `special education' means
specially designed instruction, at no cost to parents, to meet
the unique needs of a child with a disability, including--
``(A) instruction conducted in the classroom, in the
home, in hospitals and institutions, and in other
settings; and
``(B) instruction in physical education.
``(27) Specific learning disability.--
``(A) In general.--The term `specific learning
disability ' means a disorder in one or more of the
basic psychological processes involved in understanding
or in using language, spoken or written, which disorder
may manifest itself in imperfect ability to listen,
think, speak, read, write, spell, or do mathematical
calculations.
``(B) Disorders included.--Such term includes such
conditions as perceptual disabilities, brain injury,
minimal brain dysfunction, dyslexia, and developmental
aphasia.
``(C) Disorders not included.--Such term does not
include a learning problem that is primarily the result
of visual, hearing, or motor disabilities, of mental
retardation, of emotional disturbance, or of
environmental, cultural, or economic disadvantage.
``(28) State.--The term `State' means each of the 50 States,
the District of Columbia, the Commonwealth of Puerto Rico, and
each of the outlying areas.
``(29) State educational agency.--The term `State educational
agency' means the State board of education or other agency or
officer primarily responsible for the State supervision of
public elementary and secondary schools, or, if there is no
such officer or agency, an officer or agency designated by the
Governor or by State law.
``(30) Supplementary aids and services.--The term
`supplementary aids and services' means aids, services, and
other supports that are provided in regular education classes
or other education-related settings to enable children with
disabilities to be educated with nondisabled children to the
maximum extent appropriate in accordance with section
612(a)(5).
``(31) Transition services.--The term `transition services'
means a coordinated set of activities for a child with a
disability that--
``(A) is designed within a results-oriented process,
that is focused on improving the academic and
developmental achievement of the child with a
disability to facilitate the child's move from school
to post-school activities, including post-secondary
education, vocational training, integrated employment
(including supported employment), continuing and adult
education, adult services, independent living, or
community participation;
``(B) is based upon the individual child's needs,
taking into account the child's skills, preferences,
and interests; and
``(C) includes instruction, related services,
community experiences, the development of employment
and other post-school adult living objectives, and,
when appropriate, acquisition of daily living skills
and functional vocational evaluation.
``SEC. 603. OFFICE OF SPECIAL EDUCATION PROGRAMS.
``(a) Establishment.--There shall be, within the Office of Special
Education and Rehabilitative Services in the Department of Education,
an Office of Special Education Programs, which shall be the principal
agency in such Department for administering and carrying out this Act
and other programs and activities concerning the education of children
with disabilities.
``(b) Director.--The Office established under subsection (a) shall be
headed by a Director who shall be selected by the Secretary and shall
report directly to the Assistant Secretary for Special Education and
Rehabilitative Services.
``(c) Voluntary and Uncompensated Services.--Notwithstanding section
1342 of title 31, United States Code, the Secretary is authorized to
accept voluntary and uncompensated services in furtherance of the
purposes of this Act.''.
SEC. 102. SECTIONS 605 THROUGH 607 OF THE INDIVIDUALS WITH DISABILITIES
EDUCATION ACT.
Sections 605 through 607 of the Individuals with Disabilities
Education Act (20 U.S.C. 1404-1406) are amended to read as follows:
``SEC. 605. ACQUISITION OF EQUIPMENT; CONSTRUCTION OR ALTERATION OF
FACILITIES.
``(a) In General.--If the Secretary determines that a program
authorized under this Act would be improved by permitting program funds
to be used to acquire appropriate equipment, or to construct new
facilities or alter existing facilities, the Secretary is authorized to
allow the use of those funds for those purposes.
``(b) Compliance With Certain Regulations.--Any construction of new
facilities or alteration of existing facilities under subsection (a)
shall comply with the requirements of--
``(1) appendix A of part 36 of title 28, Code of Federal
Regulations (commonly known as the `Americans with Disabilities
Accessibility Guidelines for Buildings and Facilities'); or
``(2) appendix A of part 101-19.6 of title 41, Code of
Federal Regulations (commonly known as the `Uniform Federal
Accessibility Standards').
``SEC. 606. EMPLOYMENT OF INDIVIDUALS WITH DISABILITIES.
``The Secretary shall ensure that each recipient of assistance under
this Act makes positive efforts to employ and advance in employment
qualified individuals with disabilities, particularly as teachers,
related services personnel, early intervention providers, and
administrators, in programs assisted under this Act.
``SEC. 607. REQUIREMENTS FOR PRESCRIBING REGULATIONS.
``(a) In General.--The Secretary may issue regulations under this Act
only to the extent that such regulations are reasonably necessary to
ensure that there is compliance with the specific requirements of this
Act.
``(b) Protections Provided to Children.--The Secretary may not
implement, or publish in final form, any regulation prescribed pursuant
to this Act that would--
``(1) violate or contradict any provision of this Act; and
``(2) procedurally or substantively lessen the protections
provided to children with disabilities under this Act, as
embodied in regulations in effect on July 20, 1983
(particularly as such protections relate to parental consent to
initial evaluation or initial placement in special education,
least restrictive environment, related services, timelines,
attendance of evaluation personnel at individualized education
program meetings, or qualifications of personnel), except to
the extent that such regulation reflects the clear and
unequivocal intent of the Congress in legislation.
``(c) Public Comment Period.--The Secretary shall provide a public
comment period of at least 60 days on any regulation proposed under
part B or part C of this Act on which an opportunity for public comment
is otherwise required by law.
``(d) Policy Letters and Statements.--The Secretary may not issue
policy letters or other statements (including on issues of national
significance) that--
``(1) would violate or contradict any provision of this Act;
or
``(2) establish a rule that is required for compliance with,
and eligibility under, this Act without following the
requirements of section 553 of title 5, United States Code.
``(e) Correspondence From Department of Education Describing
Interpretations of This Part.--
``(1) In general.--The Secretary shall, on a quarterly basis,
publish in the Federal Register, and widely disseminate to
interested entities through various additional forms of
communication, a list of correspondence from the Department of
Education received by individuals during the previous quarter
that describes the interpretations of the Department of
Education of this Act or the regulations implemented pursuant
to this Act.
``(2) Additional information.--For each item of
correspondence published in a list under paragraph (1), the
Secretary shall--
``(A) identify the topic addressed by the
correspondence and shall include such other summary
information as the Secretary determines to be
appropriate; and
``(B) ensure that all such correspondence is issued,
where applicable, in compliance with section 553 of
title 5, United States Code.
``(f) Explanation and Assurances.--Any written response by the
Secretary under subsection (e) regarding a policy, question, or
interpretation under this Act shall include an explanation in the
written response that the response--
``(1) is issued, when required, in compliance with the
requirements of section 553 of title 5, United States Code; and
``(2) is provided as informal guidance and represents only
the interpretation by the Department of Education of the
applicable statutory or regulatory requirements in the context
of the specific facts presented in the original question.''.
SEC. 103. SECTION 608 OF THE INDIVIDUALS WITH DISABILITIES EDUCATION
ACT.
Part A of the Individuals with Disabilities Education Act (20 U.S.C.
1400 et seq.) is amended by adding at the end the following:
``SEC. 608. STATE ADMINISTRATION.
``(a) Rulemaking.--Each State that receives funds under this Act
shall--
``(1) ensure that any State rules, regulations, and policies
relating to this Act conform to the purposes of this Act; and
``(2) minimize the number of rules, regulations, and policies
to which the State's local educational agencies and schools are
subject to under this Act.
``(b) Support and Facilitation.--All State rules, regulations, and
policies relating to this Act shall support and facilitate local
educational agency and school-level systemic reform designed to enable
children with disabilities to meet the challenging State student
academic achievement standards.''.
SEC. 104. GAO REVIEW; REPORT.
(a) Review.--The Comptroller General shall conduct a review of all
Federal requirements under the Individuals with Disabilities Education
Act, and the requirements of a reasonable sample of State and local
educational agencies relating to such Act, to determine which
requirements result in excessive paperwork completion burdens for
teachers, related services providers, and school administrators.
(b) Report.--Not later than 2 years after the date of the enactment
of this Act, the Comptroller General shall prepare and submit to
Congress a report that contains the results of the review under
subsection (a).
SEC. 105. GAO REVIEW OF CERTAIN STATE DEFINITIONS AND EVALUATION
PROCESSES.
(a) Review.--The Comptroller General of the United States shall
conduct a review of--
(1) variation among States in definitions, and evaluation
processes, relating to the provision of services under the
Individuals with Disabilities Education Act to children having
conditions described in section 602(a)(3) of such Act using the
terms ``emotional disturbance'', ``other health impairments'',
and ``specific learning disability''; and
(2) the degree to which these definitions and evaluation
processes conform to scientific, peer-reviewed research.
(b) Report.--Not later than 2 years after the date of the enactment
of this Act, the Comptroller General shall prepare and submit to
Congress a report that contains the results of the review under
subsection (a).
SEC. 106. ADDITIONAL GAO STUDY AND REPORT.
(a) In General.--The Comptroller General of the United States shall
conduct a study on existing or developing professional development
programs for special education personnel delivered through the use of
technology and distance learning.
(b) Report.--Not later than 2 years after the date of the enactment
of this Act, the Comptroller General of the United States shall submit
a report containing the findings from the study conducted under
subsection (a) to the Committee on Education and the Workforce of the
House of Representatives and the Committee on Health, Education, Labor,
and Pensions of the Senate.
SEC. 107. STUDY ON LIMITED ENGLISH PROFICIENT STUDENTS.
(a) In General.--The Comptroller General of the United States shall
conduct a study on how limited English proficient students are being
served under the Individuals with Disabilities Education Act.
(b) Report.--Not later than 2 years after the date of the enactment
of the Improving Education Results for Children With Disabilities Act
of 2003, the Comptroller General of the United States shall submit a
report containing the findings from the study conducted under
subsection (a) to the Committee on Education and the Workforce of the
House of Representatives and the Committee on Health, Education, Labor,
and Pensions of the Senate.
TITLE II--ASSISTANCE FOR EDUCATION OF ALL CHILDREN WITH DISABILITIES
SEC. 201. AUTHORIZATION; ALLOTMENT; USE OF FUNDS; AUTHORIZATION OF
APPROPRIATIONS.
Section 611 of the Individuals with Disabilities Education Act (20
U.S.C. 1411) is amended to read as follows:
``SEC. 611. AUTHORIZATION; ALLOTMENT; USE OF FUNDS; AUTHORIZATION OF
APPROPRIATIONS.
``(a) Grants to States.--
``(1) Purpose of grants.--The Secretary shall make grants to
States and the outlying areas, and provide funds to the
Secretary of the Interior, to assist them to provide special
education and related services to children with disabilities in
accordance with this part.
``(2) Maximum amounts.--The maximum amount of the grant a
State may receive under this section for any fiscal year is--
``(A) the number of children with disabilities in the
State who are receiving special education and related
services--
``(i) aged 3 through 5 if the State is
eligible for a grant under section 619; and
``(ii) aged 6 through 21; multiplied by
``(B) 40 percent of the average per-pupil expenditure
in public elementary and secondary schools in the
United States.
``(3) Limitation.--Notwithstanding subparagraphs (A) and (B)
of paragraph (2), the maximum amount of the grant a State may
receive under this section for a fiscal year may not be based
on the number of children ages 3 through 17, inclusive, in
excess of 13.5 percent of the number of all children in that
age range in the State.
``(b) Outlying Areas.--
``(1) Funds reserved.--From the amount appropriated for any
fiscal year under subsection (i), the Secretary shall reserve
not more than one percent, which shall be used to provide
assistance to the outlying areas in accordance with their
respective populations of individuals aged 3 through 21.
``(2) Special rule.--The provisions of Public Law 95-134,
permitting the consolidation of grants by the outlying areas,
shall not apply to funds provided to those areas under this
section.
``(c) Secretary of the Interior.--From the amount appropriated for
any fiscal year under subsection (i), the Secretary shall reserve 1.226
percent to provide assistance to the Secretary of the Interior in
accordance with subsection (h).
``(d) Allocations to States.--
``(1) In general.--After reserving funds for payments to the
outlying areas and the Secretary of the Interior under
subsections (b) and (c), the Secretary shall allocate the
remaining amount among the States in accordance with this
subsection.
``(2) Special rule for use of fiscal year 1999 amount.--If a
State does not make a free appropriate public education
available to all children with disabilities aged 3 through 5 in
the State in any fiscal year, the Secretary shall compute the
State's amount for fiscal year 1999, solely for the purpose of
calculating the State's allocation in the subsequent year under
paragraph (3) or (4), by subtracting the amount allocated to
the State for fiscal year 1999 on the basis of those children.
``(3) Increase in funds.--If the amount available for
allocations to States under paragraph (1) is greater than the
amount allocated to the States under this paragraph for the
preceding fiscal year, those allocations shall be calculated as
follows:
``(A)(i) Except as provided in subparagraph (B), the
Secretary shall allocate--
``(I) to each State the amount it received
for fiscal year 1999;
``(II) 85 percent of any remaining funds to
States on the basis of their relative
populations of children aged 3 through 21 who
are of the same age as children with
disabilities for whom the State ensures the
availability of a free appropriate public
education under this part; and
``(III) 15 percent of those remaining funds
to States on the basis of their relative
populations of children described in subclause
(II) who are living in poverty.
``(ii) For the purpose of making grants under this
paragraph, the Secretary shall use the most recent
population data, including data on children living in
poverty, that are available and satisfactory to the
Secretary.
``(B) Notwithstanding subparagraph (A), allocations
under this paragraph shall be subject to the following:
``(i) No State's allocation shall be less
than its allocation for the preceding fiscal
year.
``(ii) No State's allocation shall be less
than the greatest of--
``(I) the sum of--
``(aa) the amount it received
for fiscal year 1999; and
``(bb) one-third of one
percent of the amount by which
the amount appropriated under
subsection (i) exceeds the
amount appropriated under this
section for fiscal year 1999;
``(II) the sum of--
``(aa) the amount it received
for the preceding fiscal year;
and
``(bb) that amount multiplied
by the percentage by which the
increase in the funds
appropriated from the preceding
fiscal year exceeds 1.5
percent; or
``(III) the sum of--
``(aa) the amount it received
for the preceding fiscal year;
and
``(bb) that amount multiplied
by 90 percent of the percentage
increase in the amount
appropriated from the preceding
fiscal year.
``(iii) Notwithstanding clause (ii), no
State's allocation under this paragraph shall
exceed the sum of--
``(I) the amount it received for the
preceding fiscal year; and
``(II) that amount multiplied by the
sum of 1.5 percent and the percentage
increase in the amount appropriated.
``(C) If the amount available for allocations under
this paragraph is insufficient to pay those allocations
in full, those allocations shall be ratably reduced,
subject to subparagraph (B)(i).
``(4) Decrease in funds.--If the amount available for
allocations to States under paragraph (1) is less than the
amount allocated to the States under this section for the
preceding fiscal year, those allocations shall be calculated as
follows:
``(A) If the amount available for allocations is
greater than the amount allocated to the States for
fiscal year 1999, each State shall be allocated the sum
of--
``(i) the amount it received for fiscal year
1999; and
``(ii) an amount that bears the same relation
to any remaining funds as the increase the
State received for the preceding fiscal year
over fiscal year 1999 bears to the total of all
such increases for all States.
``(B)(i) If the amount available for allocations is
equal to or less than the amount allocated to the
States for fiscal year 1999, each State shall be
allocated the amount it received for fiscal year 1999.
``(ii) If the amount available is insufficient to
make the allocations described in clause (i), those
allocations shall be ratably reduced.
``(e) State-Level Activities.--
``(1) In general.--
``(A) Each State may retain not more than the amount
described in subparagraph (B) for administration and
other State-level activities in accordance with
paragraphs (2), (3), and (4).
``(B) For each fiscal year, the Secretary shall
determine and report to the State educational agency an
amount that is 25 percent of the amount the State
received under this section for fiscal year 1997,
cumulatively adjusted by the Secretary for each
succeeding fiscal year by the lesser of--
``(i) the percentage increase, if any, from
the preceding fiscal year in the State's
allocation under this section; or
``(ii) the rate of inflation, as measured by
the percentage increase, if any, from the
preceding fiscal year in the Consumer Price
Index For All Urban Consumers, published by the
Bureau of Labor Statistics of the Department of
Labor.
``(C) A State may use funds it retains under
subparagraph (A) without regard to--
``(i) the prohibition on commingling of funds
in section 612(a)(18)(B); and
``(ii) the prohibition on supplanting other
funds in section 612(a)(18)(C).
``(2) State administration.--
``(A) For the purpose of administering this part,
including section 619 (including the coordination of
activities under this part with, and providing
technical assistance to, other programs that provide
services to children with disabilities)--
``(i) each State may use not more than 20
percent of the maximum amount it may retain
under paragraph (1)(A) for any fiscal year or
$500,000 (adjusted by the cumulative rate of
inflation since fiscal year 1998, as measured
by the percentage increase, if any, in the
Consumer Price Index For All Urban Consumers,
published by the Bureau of Labor Statistics of
the Department of Labor), whichever is greater;
and
``(ii) each outlying area may use up to 5
percent of the amount it receives under this
section for any fiscal year or $35,000
(adjusted by the cumulative rate of inflation
since fiscal year 1998, as measured by the
percentage increase, if any, in the Consumer
Price Index For All Urban Consumers, published
by the Bureau of Labor Statistics of the
Department of Labor), whichever is greater.
``(B) Funds described in subparagraph (A) may also be
used for the administration of part C of this Act, if
the State educational agency is the lead agency for the
State under that part.
``(3) High cost special education and related services.--Each
State may use not more than 4 percent of the maximum amount it
may retain under paragraph (1)(A) for any fiscal year to
establish and implement cost or risk sharing funds, consortia,
or cooperatives to assist local educational agencies in
providing high cost special education and related services.
``(4) Other state-level activities.--Each State shall use any
funds it retains under paragraph (1) and does not use under
paragraph (2) or (3) for any of the following:
``(A) Support and direct services, including
technical assistance and personnel development and
training.
``(B) Administrative costs of monitoring and
complaint investigation.
``(C) To establish and implement the mediation and
voluntary binding arbitration processes required by
sections 612(a)(17) and 615(e), including providing for
the costs of mediators, arbitrators, and support
personnel.
``(D) To assist local educational agencies in meeting
personnel shortages.
``(E) Activities at the State and local levels to
meet the performance goals established by the State
under section 612(a)(15) and to support implementation
of the State plan under subpart 1 of part D if the
State receives funds under that subpart.
``(F) To support paperwork reduction activities,
including expanding the appropriate use of technology
in the IEP process under this part.
``(G) To develop and maintain a comprehensive,
coordinated, prereferral educational support system for
students in kindergarten through grade 12 (with a
particular emphasis on students in kindergarten through
grade 3) who are not enrolled in special education but
who need additional academic and behavioral support to
succeed in a general education environment.
``(H) To support capacity building activities and
improve the delivery of services by local educational
agencies to improve results for children with
disabilities.
``(I) For subgrants to local educational agencies for
the purposes described in paragraph (5)(A).
``(5)(A) Subgrants to local educational agencies for
accountability.--In any fiscal year in which the percentage
increase in the State's allocation under this section exceeds
the rate of inflation (as measured by the percentage increase,
if any, from the preceding fiscal year in the Consumer Price
Index For All Urban Consumers, published by the Bureau of Labor
Statistics of the Department of Labor), each State shall
reserve, from its allocation under this section, the amount
described in subparagraph (B) to make subgrants to local
educational agencies, unless that amount is less than $100,000,
to provide technical assistance and direct services to local
educational agencies identified as being in need of improvement
under section 1116 of the Elementary and Secondary Education
Act of 1965 on the basis, in whole or in part, of the
assessment results of the disaggregated subgroup of students
with disabilities, including providing professional development
to special and regular education teachers, based on
scientifically based research to improve educational
instruction.
``(B) Maximum subgrant.--For each fiscal year, the amount
referred to in subparagraph (A) is--
``(i) the maximum amount the State was allowed to
retain under paragraph (1)(A) for the prior fiscal
year, or for fiscal year 1998, 25 percent of the
State's allocation for fiscal year 1997 under this
section; multiplied by
``(ii) the difference between the percentage increase
in the State's allocation under this section and the
rate of inflation, as measured by the percentage
increase, if any, from the preceding fiscal year in the
Consumer Price Index For All Urban Consumers, published
by the Bureau of Labor Statistics of the Department of
Labor.
``(6) Report on use of funds.--As part of the information
required to be submitted to the Secretary under section 612,
each State shall annually describe--
``(A) how amounts retained under paragraph (1) will
be used to meet the requirements of this part;
``(B) how those amounts will be allocated among the
activities described in this subsection to meet State
priorities based on input from local educational
agencies; and
``(C) the percentage of those amounts, if any, that
will be distributed to local educational agencies by
formula.
``(f) Subgrants to Local Educational Agencies.--
``(1) Subgrants required.--Each State that receives a grant
under this section for any fiscal year shall distribute any
funds it does not retain under subsection (e) to local
educational agencies, including public charter schools that
operate as local educational agencies, in the State that have
established their eligibility under section 613, for use in
accordance with this part.
``(2) Procedure for allocations to local educational
agencies.--For each fiscal year for which funds are allocated
to States under subsection (e), each State shall allocate funds
under paragraph (1) as follows:
``(A) Base payments.--The State shall first award
each agency described in paragraph (1) the amount that
agency would have received under this section for
fiscal year 1999, if the State had distributed 75
percent of its grant for that year under section
611(d), as then in effect.
``(B) Allocation of remaining funds.--After making
allocations under subparagraph (A), the State shall--
``(i) allocate 85 percent of any remaining
funds to those agencies on the basis of the
relative numbers of children enrolled in public
and private elementary and secondary schools
within the agency's jurisdiction; and
``(ii) allocate 15 percent of those remaining
funds to those agencies in accordance with
their relative numbers of children living in
poverty, as determined by the State educational
agency.
``(3) Reallocation of funds.--If a State educational agency
determines that a local educational agency is adequately
providing a free appropriate public education to all children
with disabilities residing in the area served by that agency
with State and local funds, the State educational agency may
reallocate any portion of the funds under this part that are
not needed by that local agency to provide a free appropriate
public education to other local educational agencies in the
State that are not adequately providing special education and
related services to all children with disabilities residing in
the areas they serve.
``(g) Definitions.--For the purpose of this section--
``(1) the term `average per-pupil expenditure in public
elementary and secondary schools in the United States' means--
``(A) without regard to the source of funds--
``(i) the aggregate current expenditures,
during the second fiscal year preceding the
fiscal year for which the determination is made
(or, if satisfactory data for that year are not
available, during the most recent preceding
fiscal year for which satisfactory data are
available) of all local educational agencies in
the 50 States and the District of Columbia);
plus
``(ii) any direct expenditures by the State
for the operation of those agencies; divided by
``(B) the aggregate number of children in average
daily attendance to whom those agencies provided free
public education during that preceding year; and
``(2) the term `State' means each of the 50 States, the
District of Columbia, and the Commonwealth of Puerto Rico.
``(h) Use of Amounts by Secretary of the Interior.--
``(1) Provision of amounts for assistance.--
``(A) In general.--The Secretary of Education shall
provide amounts to the Secretary of the Interior to
meet the need for assistance for the education of
children with disabilities on reservations aged 5 to
21, inclusive, enrolled in elementary and secondary
schools for Indian children operated or funded by the
Secretary of the Interior. The amount of such payment
for any fiscal year shall be equal to 80 percent of the
amount allotted under subsection (c) for that fiscal
year. Of the amount described in the preceding
sentence--
``(i) 80 percent shall be allocated to such
schools by July 1 of that fiscal year; and
``(ii) 20 percent shall be allocated to such
schools by September 30 of that fiscal year.
``(B) Calculation of number of children.--In the case
of Indian students aged 3 to 5, inclusive, who are
enrolled in programs affiliated with the Bureau of
Indian Affairs (hereafter in this subsection referred
to as `BIA') schools and that are required by the
States in which such schools are located to attain or
maintain State accreditation, and which schools have
such accreditation prior to the date of enactment of
the Individuals with Disabilities Education Act
Amendments of 1991, the school shall be allowed to
count those children for the purpose of distribution of
the funds provided under this paragraph to the
Secretary of the Interior. The Secretary of the
Interior shall be responsible for meeting all of the
requirements of this part for these children, in
accordance with paragraph (2).
``(C) Additional requirement.--With respect to all
other children aged 3 to 21, inclusive, on
reservations, the State educational agency shall be
responsible for ensuring that all of the requirements
of this part are implemented.
``(2) Submission of information.--The Secretary of Education
may provide the Secretary of the Interior amounts under
paragraph (1) for a fiscal year only if the Secretary of the
Interior submits to the Secretary of Education information
that--
``(A) demonstrates that the Department of the
Interior meets the appropriate requirements, as
determined by the Secretary of Education, of sections
612 (including monitoring and evaluation activities)
and 613;
``(B) includes a description of how the Secretary of
the Interior will coordinate the provision of services
under this part with local educational agencies, tribes
and tribal organizations, and other private and Federal
service providers;
``(C) includes an assurance that there are public
hearings, adequate notice of such hearings, and an
opportunity for comment afforded to members of tribes,
tribal governing bodies, and affected local school
boards before the adoption of the policies, programs,
and procedures described in subparagraph (A);
``(D) includes an assurance that the Secretary of the
Interior will provide such information as the Secretary
of Education may require to comply with section 618;
``(E) includes an assurance that the Secretary of the
Interior and the Secretary of Health and Human Services
have entered into a memorandum of agreement, to be
provided to the Secretary of Education, for the
coordination of services, resources, and personnel
between their respective Federal, State, and local
offices and with State and local educational agencies
and other entities to facilitate the provision of
services to Indian children with disabilities residing
on or near reservations (such agreement shall provide
for the apportionment of responsibilities and costs
including, but not limited to, child find, evaluation,
diagnosis, remediation or therapeutic measures, and
(where appropriate) equipment and medical or personal
supplies as needed for a child to remain in school or a
program); and
``(F) includes an assurance that the Department of
the Interior will cooperate with the Department of
Education in its exercise of monitoring, enforcement,
and oversight of this application, and any agreements
entered into between the Secretary of the Interior and
other entities under this part, and will fulfill its
duties under this part.
Section 616(a) shall apply to the information described in this
paragraph.
``(3) Payments for education and services for indian children
with disabilities aged 3 through 5.--
``(A) In general.--With funds appropriated under
subsection (i), the Secretary of Education shall make
payments to the Secretary of the Interior to be
distributed to tribes or tribal organizations (as
defined under section 4 of the Indian Self-
Determination and Education Assistance Act) or
consortia of the above to provide for the coordination
of assistance for special education and related
services for children with disabilities aged 3 through
5 on reservations served by elementary and secondary
schools for Indian children operated or funded by the
Department of the Interior. The amount of such payments
under subparagraph (B) for any fiscal year shall be
equal to 20 percent of the amount allotted under
subsection (c).
``(B) Distribution of funds.--The Secretary of the
Interior shall distribute the total amount of the
payment under subparagraph (A) by allocating to each
tribe or tribal organization an amount based on the
number of children with disabilities ages 3 through 5
residing on reservations as reported annually, divided
by the total of those children served by all tribes or
tribal organizations.
``(C) Submission of information.--To receive a
payment under this paragraph, the tribe or tribal
organization shall submit such figures to the Secretary
of the Interior as required to determine the amounts to
be allocated under subparagraph (B). This information
shall be compiled and submitted to the Secretary of
Education.
``(D) Use of funds.--The funds received by a tribe or
tribal organization shall be used to assist in child
find, screening, and other procedures for the early
identification of children aged 3 through 5, parent
training, and the provision of direct services. These
activities may be carried out directly or through
contracts or cooperative agreements with the BIA, local
educational agencies, and other public or private
nonprofit organizations. The tribe or tribal
organization is encouraged to involve Indian parents in
the development and implementation of these activities.
The above entities shall, as appropriate, make
referrals to local, State, or Federal entities for the
provision of services or further diagnosis.
``(E) Annual report.--To be eligible to receive a
grant pursuant to subparagraph (A), the tribe or tribal
organization shall provide to the Secretary of the
Interior an annual report of activities undertaken
under this paragraph, including the number of contracts
and cooperative agreements entered into, the number of
children contacted and receiving services for each
year, and the estimated number of children needing
services during the year following the one in which the
report is made. The Secretary of the Interior shall
include a summary of this information on an annual
basis in the report to the Secretary of Education
required under this subsection. The Secretary of
Education may require any additional information from
the Secretary of the Interior.
``(F) Prohibitions.--None of the funds allocated
under this paragraph may be used by the Secretary of
the Interior for administrative purposes, including
child count and the provision of technical assistance.
``(4) Plan for coordination of services.--The Secretary of
the Interior shall develop and implement a plan for the
coordination of services for all Indian children with
disabilities residing on reservations covered under this Act.
Such plan shall provide for the coordination of services
benefiting these children from whatever source, including
tribes, the Indian Health Service, other BIA divisions, and
other Federal agencies. In developing the plan, the Secretary
of the Interior shall consult with all interested and involved
parties. It shall be based on the needs of the children and the
system best suited for meeting those needs, and may involve the
establishment of cooperative agreements between the BIA, other
Federal agencies, and other entities. The plan shall also be
distributed upon request to States, State and local educational
agencies, and other agencies providing services to infants,
toddlers, and children with disabilities, to tribes, and to
other interested parties.
``(5) Establishment of advisory board.--To meet the
requirements of section 612(a)(22), the Secretary of the
Interior shall establish, under the BIA, an advisory board
composed of individuals involved in or concerned with the
education and provision of services to Indian infants,
toddlers, children, and youth with disabilities, including
Indians with disabilities, Indian parents or guardians of such
children, teachers, service providers, State and local
educational officials, representatives of tribes or tribal
organizations, representatives from State Interagency
Coordinating Councils under section 641 in States having
reservations, and other members representing the various
divisions and entities of the BIA. The chairperson shall be
selected by the Secretary of the Interior. The advisory board
shall--
``(A) assist in the coordination of services within
the BIA and with other local, State, and Federal
agencies in the provision of education for infants,
toddlers, and children with disabilities;
``(B) advise and assist the Secretary of the Interior
in the performance of the Secretary's responsibilities
described in this subsection;
``(C) develop and recommend policies concerning
effective inter- and intra-agency collaboration,
including modifications to regulations, and the
elimination of barriers to inter- and intra-agency
programs and activities;
``(D) provide assistance and disseminate information
on best practices, effective program coordination
strategies, and recommendations for improved
educational programming for Indian infants, toddlers,
and children with disabilities; and
``(E) provide assistance in the preparation of
information required under paragraph (2)(D).
``(6) Annual reports.--
``(A) In general.--The advisory board established
under paragraph (5) shall prepare and submit to the
Secretary of the Interior and to the Congress an annual
report containing a description of the activities of
the advisory board for the preceding year.
``(B) Availability.--The Secretary of the Interior
shall make available to the Secretary of Education the
report described in subparagraph (A).
``(i) Authorization of Appropriations.--For the purpose of carrying
out this part, other than section 619, there are authorized to be
appropriated--
``(1) $11,074,398,000 for fiscal year 2004;
``(2) $13,374,398,000 for fiscal year 2005;
``(3) $15,746,302,000 for fiscal year 2006;
``(4) $17,918,205,000 for fiscal year 2007;
``(5) $20,090,109,000 for fiscal year 2008;
``(6) $22,262,307,000 for fiscal year 2009;
``(7) $25,198,603,000 for fiscal year 2010; and
``(8) such sums as may be necessary for fiscal year 2011 and
each subsequent fiscal year.''.
SEC. 202. STATE ELIGIBILITY.
(a) In General.--(1) Section 612(a) of the Individuals with
Disabilities Education Act (20 U.S.C. 1412(a)) is amended in the matter
preceding paragraph (1) by striking ``demonstrates to the satisfaction
of'' and inserting ``reasonably demonstrates to''.
(2) Paragraphs (1) through (11) of section 612(a) of the Individuals
with Disabilities Education Act (20 U.S.C. 1412(a)(1)-(11)) are amended
to read as follows:
``(1) Free appropriate public education.--
``(A) In general.--A free appropriate public
education is available to all children with
disabilities residing in the State between the ages of
3 and 21, inclusive, including children with
disabilities who have been suspended or expelled from
school.
``(B) Limitation.--The obligation to make a free
appropriate public education available to all children
with disabilities does not apply with respect to
children--
``(i) aged 3 through 5 and 18 through 21 in a
State to the extent that its application to
those children would be inconsistent with State
law or practice, or the order of any court,
respecting the provision of public education to
children in those age ranges; and
``(ii) aged 18 through 21 to the extent that
State law does not require that special
education and related services under this part
be provided to children with disabilities who,
in the educational placement prior to their
incarceration in an adult correctional
facility--
``(I) were not actually identified as
being a child with a disability under
section 602(3) of this Act; or
``(II) did not have an individualized
education program under this part.
``(2) Full educational opportunity goal.--The State has
established a goal of providing full educational opportunity to
all children with disabilities and a detailed timetable for
accomplishing that goal.
``(3) Child find.--
``(A) In general.--All children with disabilities
residing in the State, including children with
disabilities attending private schools, regardless of
the severity of their disabilities, and who are in need
of special education and related services, are
identified, located, and evaluated and a practical
method is developed and implemented to determine which
children with disabilities are currently receiving
needed special education and related services.
``(B) Construction.--Nothing in this Act requires
that children be classified by their disability so long
as each child who has a disability listed in section
602 and who, by reason of that disability, needs
special education and related services is regarded as a
child with a disability under this part.
``(4) Individualized education program.--An individualized
education program, or an individualized family service plan
that meets the requirements of section 636(d), is developed,
reviewed, and revised for each child with a disability in
accordance with section 614(d).
``(5) Least restrictive environment.--
``(A) In general.--To the maximum extent appropriate,
children with disabilities, including children in
public or private institutions or other care
facilities, are educated with children who are not
disabled, and special classes, separate schooling, or
other removal of children with disabilities from the
regular educational environment occurs only when the
nature or severity of the disability of a child is such
that education in regular classes with the use of
supplementary aids and services cannot be achieved
satisfactorily.
``(B) Additional requirement.--
``(i) In general.--If the State uses a
funding mechanism by which the State
distributes State funds on the basis of the
type of setting in which a child is served, the
funding mechanism does not result in placements
that violate the requirements of subparagraph
(A).
``(ii) Assurance.--If the State does not have
policies and procedures to ensure compliance
with clause (i), the State shall provide the
Secretary an assurance that it will revise the
funding mechanism as soon as feasible to ensure
that such mechanism does not result in such
placements.
``(6) Procedural safeguards.--
``(A) In general.--Children with disabilities and
their parents are afforded the procedural safeguards
required by section 615.
``(B) Additional procedural safeguards.--Procedures
to ensure that testing and evaluation materials and
procedures utilized for the purposes of evaluation and
placement of children with disabilities for services
under this Act will be selected and administered so as
not to be racially or culturally discriminatory. Such
materials or procedures shall be provided and
administered in the child's native language or mode of
communication, unless it clearly is not feasible to do
so, and no single procedure shall be the sole criterion
for determining an appropriate educational program for
a child.
``(7) Evaluation.--Children with disabilities are evaluated
in accordance with subsections (a) through (c) of section 614.
``(8) Confidentiality.--Agencies in the State comply with
section 617(d) (relating to the confidentiality of records and
information).
``(9) Transition from part c to preschool programs.--Children
participating in early intervention programs assisted under
part C, and who will participate in preschool programs assisted
under this part, experience a smooth and effective transition
to those preschool programs in a manner consistent with section
637(a)(8). By the third birthday of such a child, an
individualized education program or, if consistent with section
636(d), an individualized family service plan, has been
developed and is being implemented for the child. The local
educational agency will participate in transition planning
conferences arranged by the designated lead agency under
section 637(a)(8).
``(10) Children in private schools.--
``(A) Children enrolled in private schools by their
parents.--
``(i) In general.--To the extent consistent
with the number and location of children with
disabilities in the State who are enrolled by
their parents in private elementary and
secondary schools in the area served by such
agency, provision is made for the participation
of those children in the program assisted or
carried out under this part by providing for
such children special education and related
services in accordance with the following
requirements, unless the Secretary has arranged
for services to those children under subsection
(f):
``(I) Amounts to be expended for the
provision of those services (including
direct services to parentally-placed
children) by a local educational agency
shall be equal to a proportionate
amount of Federal funds made available
under this part.
``(II) In calculating the
proportionate share of Federal funds,
the local educational agency, after
timely and meaningful consultation with
representatives of children with
disabilities parentally-placed in
private schools as described in clause
(iii), shall conduct a thorough and
complete child-find process to
determine the number of parentally-
placed children with disabilities
attending private schools located in
the district.
``(III) Such services may be provided
to children with disabilities on the
premises of private, including
religious, schools, to the extent
consistent with law.
``(IV) State and local funds may
supplement and in no case shall
supplant the proportionate amount of
Federal funds required to be expended
under this paragraph.
``(V) Each local educational agency
maintains in its records and provides
to the State educational agency the
number of children evaluated under this
paragraph, the number of children
determined to be children with
disabilities, and the number of
children served under this subsection.
``(ii) Child-find requirement.--
``(I) In general.--The requirements
of paragraph (3) of this subsection
(relating to child find) shall apply
with respect to children with
disabilities in the State who are
enrolled in private, including
religious, elementary and secondary
schools.
``(II) Equitable participation.--The
child-find process must be designed to
ensure the equitable participation of
parentally-placed private school
children and an accurate count of such
children.
``(III) Activities.--In carrying out
this clause, the local educational
agency, or where applicable, the State
educational agency, shall undertake
activities similar to those activities
undertaken for its public school
children.
``(IV) Cost.--The cost of carrying
out this clause, including individual
evaluations, may not be considered in
determining whether a local education
agency has met its obligations under
clause (i).
``(V) Completion period.--Such child-
find process shall be completed in a
time period comparable to that for
other students attending public schools
in the local educational agency.
``(iii) Consultation.--To ensure timely and
meaningful consultation, a local educational
agency, or where appropriate, a state
educational agency, shall consult with
representatives of children with disabilities
parentally-placed in private schools during the
design and development of special education and
related services for these children including--
``(I) the child-find process and how
parentally-placed private school
children suspected of having a
disability can participate equitably,
including how parents, teachers, and
private school officials will be
informed of the process;
``(II) the determination of the
proportionate share of Federal funds
available to serve parentally-placed
private school children with
disabilities under this paragraph,
including the determination of how
those funds were calculated;
``(III) the consultation process
among the district, private school
officials, and parents of parentally-
placed private school children with
disabilities including how such process
will operate throughout the school year
to ensure that parentally-placed
children with disabilities identified
through the child find process can
meaningfully participate in special
education and related services; and
``(IV) how, where, and by whom
special education and related services
will be provided for parentally-placed
private school children, including a
discussion of alternate service
delivery mechanisms, how such services
will be apportioned if funds are
insufficient to serve all children, and
how and when these decisions will be
made.
``(iv) Compliance.--
``(I) In general.--A private school
official shall have the right to
complain to the State educational
agency that the local educational
agency did not engage in consultation
that was meaningful and timely, or did
not give due consideration to the views
of the private school official.
``(II) Procedure.--If the private
school official wishes to complain, the
official shall provide the basis of the
noncompliance with this section by the
local educational agency to the State
educational agency, and the local
educational agency shall forward the
appropriate documentation to the State
educational agency. If the private
school official is dissatisfied with
the decision of the State educational
agency, such official may complain to
the Secretary by providing the basis of
the noncompliance with this section by
the local educational agency to the
Secretary, and the State educational
agency shall forward the appropriate
documentation to the Secretary.
``(v) Provision of services.--
``(I) Directly or through
contracts.--An agency may provide
special education and related services
directly or through contracts with
public and private agencies,
organizations, and institutions.
``(II) Secular, neutral,
nonideological.--Special education and
related services, including materials
and equipment, shall be secular,
neutral, and nonideological.
``(vi) Public control of funds.--
``(I) In general.--The control of
funds used to provide special education
and related services under this
section, and title to materials,
equipment, and property purchased with
those funds, shall be in a public
agency for the uses and purposes
provided in this Act, and a public
agency shall administer the funds and
property.
``(II) Provision of services.--The
provision of services under this Act
shall be provided--
``(aa) by employees of a
public agency; or
``(bb) through contract by
the public agency with an
individual, association,
agency, organization, or other
entity.
``(B) Children placed in, or referred to, private
schools by public agencies.--
``(i) In general.--Children with disabilities
in private schools and facilities are provided
special education and related services, in
accordance with an individualized education
program, at no cost to their parents, if such
children are placed in, or referred to, such
schools or facilities by the State or
appropriate local educational agency as the
means of carrying out the requirements of this
part or any other applicable law requiring the
provision of special education and related
services to all children with disabilities
within such State.
``(ii) Standards.--In all cases described in
clause (i), the State educational agency shall
determine whether such schools and facilities
meet standards that apply to State and local
educational agencies and that children so
served have all the rights they would have if
served by such agencies.
``(C) Payment for education of children enrolled in
private schools without consent of or referral by the
public agency.--
``(i) In general.--Subject to subparagraph
(A), this part does not require a local
educational agency to pay for the cost of
education, including special education and
related services, of a child with a disability
at a private school or facility if that agency
made a free appropriate public education
available to the child and the parents elected
to place the child in such private school or
facility.
``(ii) Reimbursement for private school
placement.--If the parents of a child with a
disability, who previously received special
education and related services under the
authority of a public agency, enroll the child
in a private elementary or secondary school
without the consent of or referral by the
public agency, a court or a hearing officer may
require the agency to reimburse the parents for
the cost of that enrollment if the court or
hearing officer finds that the agency had not
made a free appropriate public education
available to the child in a timely manner prior
to that enrollment.
``(iii) Limitation on reimbursement.--The
cost of reimbursement described in clause (ii)
may be reduced or denied--
``(I) if--
``(aa) at the most recent IEP
meeting that the parents
attended prior to removal of
the child from the public
school, the parents did not
inform the IEP Team that they
were rejecting the placement
proposed by the public agency
to provide a free appropriate
public education to their
child, including stating their
concerns and their intent to
enroll their child in a private
school at public expense; or
``(bb) 10 business days
(including any holidays that
occur on a business day) prior
to the removal of the child
from the public school, the
parents did not give written
notice to the public agency of
the information described in
division (aa);
``(II) if, prior to the parents'
removal of the child from the public
school, the public agency informed the
parents, through the notice
requirements described in section
615(b)(7), of its intent to evaluate
the child (including a statement of the
purpose of the evaluation that was
appropriate and reasonable), but the
parents did not make the child
available for such evaluation; or
``(III) upon a judicial finding of
unreasonableness with respect to
actions taken by the parents.
``(iv) Exception.--Notwithstanding the notice
requirement in clause (iii)(I), the cost of
reimbursement--
``(I) shall not be reduced or denied
for failure to provide such notice if--
``(aa) the school prevented
the parent from providing such
notice;
``(bb) the parents had not
received notice, pursuant to
section 615, of the notice
requirement in clause (iii)(I);
or
``(cc) compliance with clause
(iii)(I) would likely result in
physical harm to the child; and
``(II) may, in the discretion of a
court or a hearing officer, not be
reduced or denied for failure to
provide such notice if--
``(aa) the parent is
illiterate or cannot write in
English; or
``(bb) compliance with clause
(iii)(I) would likely result in
serious emotional harm to the
child.
``(11) State educational agency responsible for general
supervision.--
``(A) In general.--The State educational agency is
responsible for ensuring that--
``(i) the requirements of this part are met;
and
``(ii) all educational programs for children
with disabilities in the State, including all
such programs administered by any other State
or local agency--
``(I) are under the general
supervision of individuals in the State
who are responsible for educational
programs for children with
disabilities; and
``(II) meet the educational standards
of the State educational agency.
``(B) Limitation.--Subparagraph (A) shall not limit
the responsibility of agencies in the State other than
the State educational agency to provide, or pay for
some or all of the costs of, a free appropriate public
education for any child with a disability in the State.
``(C) Exception.--Notwithstanding subparagraphs (A)
and (B), the Governor (or another individual pursuant
to State law), consistent with State law, may assign to
any public agency in the State the responsibility of
ensuring that the requirements of this part are met
with respect to children with disabilities who are
convicted as adults under State law and incarcerated in
adult prisons.''.
(3) Paragraphs (13) through (22) of section 612(a) of the Individuals
with Disabilities Education Act (20 U.S.C. 1412(a)(13)-(22)) are
amended to read as follows:
``(13) Procedural requirements relating to local educational
agency eligibility.--The State educational agency will not make
a final determination that a local educational agency is not
eligible for assistance under this part without first affording
that agency reasonable notice and an opportunity for a hearing.
``(14) Personnel standards.--
``(A) In general.--The State educational agency has
established and maintains standards to ensure that
personnel necessary to carry out this part are
appropriately and adequately prepared and trained.
``(B) Standards described.--Such standards shall--
``(i) ensure that special education teachers
who teach in core academic subjects are highly
qualified in those subjects;
``(ii) be consistent with any State-approved
or State-recognized certification, licensing,
registration, or other comparable requirements
that apply to the professional discipline in
which those personnel are providing special
education or related services in order to
ensure that such individuals are qualified to
provide such services; and
``(iii) allow paraprofessionals and
assistants who are appropriately trained and
supervised, in accordance with State law,
regulations, or written policy, in meeting the
requirements of this part to be used to assist
in the provision of special education and
related services to children with disabilities
under this part.
``(C) Innovative strategies for professional
development.--The State educational agency encourages
the development and use of research-based innovative
strategies, such as strategies using technology, peer
networks, and distance learning, to deliver intensive
professional development programs for special and
regular education teachers, administrators, principals,
and related services personnel that--
``(i) improve educational results for
students with disabilities; and
``(ii) are both cost-effective and easily
accessible.
``(15) Performance goals and indicators.--The State--
``(A) has established goals for the performance of
children with disabilities in the State that--
``(i) promote the purposes of this Act, as
stated in section 601(d);
``(ii) 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 1111(b)(2)(C)
of the Elementary and Secondary Education Act
of 1965;
``(iii) address dropout rates, as well as
such other factors as the State may determine;
and
``(iv) are consistent, to the extent
appropriate, with any other goals and standards
for children established by the State;
``(B) has established performance indicators the
State will use to assess progress toward achieving
those goals described in subparagraph (A), including
measurable annual objectives for progress by children
with disabilities under section 1111(b)(2)(C) of the
Elementary and Secondary Education Act of 1965; and
``(C) will annually report to the Secretary and the
public on the progress of the State, and of children
with disabilities in the State, toward meeting the
goals established under subparagraph (A), which may
include elements of the reports required under section
1111(h) of the Elementary and Secondary Education Act
of 1965.
``(16) Participation in assessments.--
``(A) In general.--(i) All children with disabilities
are included in all general State and district-wide
assessment programs, including assessments described
under title I of the Elementary and Secondary Education
Act of 1965, with appropriate accommodations, where
necessary and as indicated in their respective
individualized education programs.
``(ii) The State (or, in the case of a district-wide
assessment, the local educational agency) has developed
and implemented guidelines for the provision of
accommodations described in clause (i).
``(iii) The State (or, in the case of a district-wide
assessment the local educational agency)--
``(I) has developed and implemented
guidelines for the participation of children
with disabilities in alternate assessments for
those children who cannot participate in
regular assessments under clause (i); and
``(II) conducts those alternate assessments.
``(B) Reports.--The State educational agency (or, in
the case of a district-wide assessment, the local
educational agency) makes available to the public, and
reports to the public with the same frequency and in
the same detail as it reports on the assessment of
nondisabled children, the following:
``(i) The number of children with
disabilities participating in regular
assessments, and the number of those children
who were provided accommodations in order to
participate in those assessments.
``(ii) The number of children with
disabilities participating in alternate
assessments.
``(iii) The performance of children with
disabilities on regular assessments and on
alternate assessments (if the number of
children with disabilities participating in
those assessments is sufficient to yield
statistically reliable information and
reporting that information would not reveal
personally identifiable information about an
individual student), compared with the
achievement of all children, including children
with disabilities, on those assessments.
``(17) Dispute resolution.--The State has in effect systems
of mediation and voluntary binding arbitration pursuant to
section 615(e).
``(18) Supplementation of state, local, and other federal
funds.--
``(A) Expenditures.--Funds paid to a State under this
part will be expended in accordance with all the
provisions of this part.
``(B) Prohibition against commingling.--Funds paid to
a State under this part will not be commingled with
State funds.
``(C) Prohibition against supplantation and
conditions for waiver by secretary.--Except as provided
in section 613, funds paid to a State under this part
will be used to supplement the level of Federal, State,
and local funds (including funds that are not under the
direct control of State or local educational agencies)
expended for special education and related services
provided to children with disabilities under this part
and in no case to supplant such Federal, State, and
local funds, except that, where the State provides
clear and convincing evidence that all children with
disabilities have available to them a free appropriate
public education, the Secretary may waive, in whole or
in part, the requirements of this subparagraph if the
Secretary concurs with the evidence provided by the
State.
``(19) Maintenance of state financial support.--
``(A) In general.--The State does not reduce the
amount of State financial support for special education
and related services for children with disabilities, or
otherwise made available because of the excess costs of
educating those children, below the amount of that
support for the preceding fiscal year.
``(B) Reduction of funds for failure to maintain
support.--The Secretary shall reduce the allocation of
funds under section 611 for any fiscal year following
the fiscal year in which the State fails to comply with
the requirement of subparagraph (A) by the same amount
by which the State fails to meet the requirement.
``(C) Waivers for exceptional or uncontrollable
circumstances.--The Secretary may waive the requirement
of subparagraph (A) for a State, for one fiscal year at
a time, if the Secretary determines that--
``(i) granting a waiver would be equitable
due to exceptional or uncontrollable
circumstances such as a natural disaster or a
precipitous and unforeseen decline in the
financial resources of the State; or
``(ii) the State meets the standard in
paragraph (18)(C) of this section for a waiver
of the requirement to supplement, and not to
supplant, funds received under this part.
``(D) Subsequent years.--If, for any year, a State
fails to meet the requirement of subparagraph (A),
including any year for which the State is granted a
waiver under subparagraph (C), the financial support
required of the State in future years under
subparagraph (A) shall be the amount that would have
been required in the absence of that failure and not
the reduced level of the State's support.
``(20) Public participation.--Prior to the adoption of any
policies and procedures needed to comply with this section
(including any amendments to such policies and procedures), the
State ensures that there are public hearings, adequate notice
of the hearings, and an opportunity for comment available to
the general public, including individuals with disabilities and
parents of children with disabilities.
``(21) State advisory panel.--
``(A) In general.--The State has established and
maintains an advisory panel for the purpose of
providing policy guidance with respect to special
education and related services for children with
disabilities in the State.
``(B) Membership.--Such advisory panel shall consist
of members appointed by the Governor, or any other
official authorized under State law to make such
appointments, that is representative of the State
population and that is composed of individuals involved
in, or concerned with, the education of children with
disabilities, including--
``(i) parents of children with disabilities
(ages birth through 26);
``(ii) individuals with disabilities;
``(iii) teachers;
``(iv) representatives of institutions of
higher education that prepare special education
and related services personnel;
``(v) State and local education officials;
``(vi) administrators of programs for
children with disabilities;
``(vii) representatives of other State
agencies involved in the financing or delivery
of related services to children with
disabilities;
``(viii) representatives of private schools
and public charter schools;
``(ix) at least one representative of a
vocational, community, or business organization
concerned with the provision of transition
services to children with disabilities; and
``(x) representatives from the State juvenile
and adult corrections agencies.
``(C) Special rule.--A majority of the members of the
panel shall be individuals with disabilities or parents
of children with disabilities ages birth through 26.
``(D) Duties.--The advisory panel shall--
``(i) advise the State educational agency of
unmet needs within the State in the education
of children with disabilities;
``(ii) comment publicly on any rules or
regulations proposed by the State regarding the
education of children with disabilities;
``(iii) advise the State educational agency
in developing evaluations and reporting on data
to the Secretary under section 618;
``(iv) advise the State educational agency in
developing corrective action plans to address
findings identified in Federal monitoring
reports under this part; and
``(v) advise the State educational agency in
developing and implementing policies relating
to the coordination of services for children
with disabilities.
``(22) Suspension and expulsion rates.--
``(A) In general.--The State educational agency
examines data, including data disaggregated by race and
ethnicity, to determine if significant discrepancies
are occurring in the rate of long-term suspensions and
expulsions of children with disabilities--
``(i) among local educational agencies in the
State; or
``(ii) compared to such rates for nondisabled
children within such agencies.
``(B) Review and revision of policies.--If such
discrepancies are occurring, the State educational
agency reviews and, if appropriate, revises (or
requires the affected State or local educational agency
to revise) its policies, procedures, and practices
relating to the development and implementation of IEPs,
the use of positive behavioral interventions and
supports, and procedural safeguards, to ensure that
such policies, procedures, and practices comply with
this Act.''.
(4) Section 612(a) of the Individuals with Disabilities Education Act
(20 U.S.C. 1412(a)(13)-(22)) is amended by adding at the end the
following:
``(23) Instructional materials.--
``(A) In general.--The State adopts the national
instructional materials accessibility standard for the
purposes of providing instructional materials to blind
persons or other persons with print disabilities in a
timely manner after the publication of the standard by
the Secretary in the Federal Register.
``(B) Purchase requirement.--Not later than 2 years
after the date of the enactment of the Improving
Education Results for Children With Disabilities Act of
2003, the State educational agency, when purchasing
instructional materials for use in public elementary
and secondary schools within the State, requires the
publisher of the instructional materials, as a part of
any purchase agreement that is made, renewed, or
revised, to prepare and supply electronic files
containing the contents of the instructional materials
using the national instructional materials
accessibility standard.
``(C) Definition.--For purposes of this paragraph,
the term `instructional materials' means printed
textbooks and related core materials that are written
and published primarily for use in elementary school
and secondary school instruction and are required by a
State educational agency or local educational agency
for use by pupils in the classroom.
``(24) Overidentification and disproportionality.--The State
has in effect, consistent with the purposes of this Act and
with section 618, policies and procedures designed to prevent
the overidentification or disproportionate representation by
race and ethnicity of children as children with disabilities,
including the identification of children as children with
disabilities in accordance with a particular impairment
described in section 602(3).
``(25) Prohibition on psychotropic medication.--The State
educational agency develops and implements policies and
procedures prohibiting school personnel from requiring a child
to obtain a prescription for substances covered by section
202(c) of the Controlled Substances Act (21 U.S.C. 812(c)) as a
condition of attending school or receiving services.''.
(b) State Educational Agency as Provider of Free Appropriate Public
Education or Direct Services.--Section 612(b) of the Individuals with
Disabilities Education Act (20 U.S.C. 1412(b)) is amended to read as
follows:
``(b) State Educational Agency as Provider of Free Appropriate Public
Education or Direct Services.--If the State educational agency provides
free appropriate public education to children with disabilities, or
provides direct services to such children, such agency--
``(1) shall comply with any additional requirements of
section 613(a), as if such agency were a local educational
agency; and
``(2) may use amounts that are otherwise available to such
agency under this part to serve those children without regard
to section 613(a)(2)(A)(i) (relating to excess costs).''.
(c) Exception for Prior State Plans.--Section 612(c) of the
Individuals with Disabilities Education Act (20 U.S.C. 1412(c)) is
amended to read as follows:
``(c) Exception for Prior State Plans.--
``(1) In general.--If a State has on file with the Secretary
policies and procedures that demonstrate that such State meets
any requirement of subsection (a), including any policies and
procedures filed under this part as in effect before the
effective date of the Improving Education Results for Children
With Disabilities Act of 2003, the Secretary shall consider
such State to have met such requirement for purposes of
receiving a grant under this part.
``(2) Modifications made by state.--Subject to paragraph (3),
an application submitted by a State in accordance with this
section shall remain in effect until the State submits to the
Secretary such modifications as the State deems necessary. This
section shall apply to a modification to an application to the
same extent and in the same manner as this section applies to
the original plan.
``(3) Modifications required by the secretary.--If, after the
effective date of the Improving Education Results for Children
With Disabilities Act of 2003, the provisions of this Act are
amended (or the regulations developed to carry out this Act are
amended), or there is a new interpretation of this Act by a
Federal court or a State's highest court, or there is an
official finding of noncompliance with Federal law or
regulations, the Secretary may require a State to modify its
application only to the extent necessary to ensure the State's
compliance with this part.''.
(d) Approval by the Secretary.--Section 612(d) of the Individuals
with Disabilities Education Act (20 U.S.C. 1412(d)) is amended to read
as follows:
``(d) Approval by the Secretary.--
``(1) In general.--If the Secretary determines that a State
is eligible to receive a grant under this part, the Secretary
shall notify the State of that determination.
``(2) Notice and hearing.--The Secretary shall not make a
final determination that a State is not eligible to receive a
grant under this part until after providing the State--
``(A) with reasonable notice; and
``(B) with an opportunity for a hearing.''.
(e) Assistance Under Other Federal Programs.--Section 612(e) of the
Individuals with Disabilities Education Act (20 U.S.C. 1412(e)) is
amended to read as follows:
``(e) Assistance Under Other Federal Programs.--Nothing in this title
permits a State to reduce medical and other assistance available, or to
alter eligibility, under titles V and XIX of the Social Security Act
with respect to the provision of a free appropriate public education
for children with disabilities in the State.''.
SEC. 203. LOCAL EDUCATIONAL AGENCY ELIGIBILITY.
Section 613 of the Individuals with Disabilities Education Act (20
U.S.C. 1413) is amended to read as follows:
``SEC. 613. LOCAL EDUCATIONAL AGENCY ELIGIBILITY.
``(a) In General.--A local educational agency is eligible for
assistance under this part for a fiscal year if such agency reasonably
demonstrates to the State educational agency that it meets each of the
following conditions:
``(1) Consistency with state policies.--The local educational
agency, in providing for the education of children with
disabilities within its jurisdiction, has in effect policies,
procedures, and programs that are consistent with the State
policies and procedures established under section 612.
``(2) Use of amounts.--
``(A) In general.--Amounts provided to the local
educational agency under this part shall be expended in
accordance with the applicable provisions of this part
and--
``(i) shall be used only to pay the excess
costs of providing special education and
related services to children with disabilities;
``(ii) shall be used to supplement State,
local, and other Federal funds and not to
supplant such funds; and
``(iii) shall not be used, except as provided
in subparagraphs (B) and (C), to reduce the
level of expenditures for the education of
children with disabilities made by the local
educational agency from local funds below the
level of those expenditures for the preceding
fiscal year.
``(B) Exception.--Notwithstanding the restriction in
subparagraph (A)(iii), a local educational agency may
reduce the level of expenditures where such reduction
is attributable to--
``(i) the voluntary departure, by retirement
or otherwise, or departure for just cause, of
special education personnel;
``(ii) a decrease in the enrollment of
children with disabilities;
``(iii) the termination of the obligation of
the agency, consistent with this part, to
provide a program of special education to a
particular child with a disability that is an
exceptionally costly program, as determined by
the State educational agency, because the
child--
``(I) has left the jurisdiction of
the agency;
``(II) has reached the age at which
the obligation of the agency to provide
a free appropriate public education to
the child has terminated; or
``(III) no longer needs such program
of special education; or
``(iv) the termination of costly expenditures
for long-term purchases, such as the
acquisition of equipment or the construction of
school facilities.
``(C) Treatment of federal funds in certain fiscal
years.--
``(i) Notwithstanding clauses (ii) and (iii)
of subparagraph (A), for any fiscal year for
which amounts appropriated to carry out section
611 exceeds $4,100,000,000, a local educational
agency may treat as local funds, for the
purpose of such clauses, up to 20 percent of
the amount of funds it receives under this part
that exceeds the amount it received under this
part for the previous fiscal year.
``(ii) If a local educational agency chooses
to use the authority under clause (i), then the
agency shall use those local funds to provide
additional funding for programs under the
Elementary and Secondary Education Act of 1965,
including, but not limited to, programs that
address student achievement, comprehensive
school reform, literacy, teacher quality and
professional development, school safety,
before- and after- school learning
opportunities.
``(iii) Notwithstanding clause (i), if a
State educational agency determines that a
local educational agency is unable to establish
and maintain programs of free appropriate
public education that meet the requirements of
subsection (a), the State educational agency
shall prohibit the local educational agency
from treating funds received under this part as
local funds under clause (i) for that fiscal
year, but only if it is authorized to do so by
the State constitution or a State statute.
``(D) Schoolwide programs under title i of the
esea.--Notwithstanding subparagraph (A) or any other
provision of this part, a local educational agency may
use funds received under this part for any fiscal year
to carry out a schoolwide program under section 1114 of
the Elementary and Secondary Education Act of 1965,
except that the amount so used in any such program
shall not exceed--
``(i) the number of children with
disabilities participating in the schoolwide
program; multiplied by
``(ii)(I) the amount received by the local
educational agency under this part for that
fiscal year; divided by
``(II) the number of children with
disabilities in the jurisdiction of that
agency.
``(3) Personnel development.--The local educational agency
shall ensure that all personnel necessary to carry out this
part are appropriately and adequately prepared, consistent with
the requirements of section 612 of this Act and section 1119 of
the Elementary and Secondary Education Act of 1965.
``(4) Permissive use of funds.--Notwithstanding paragraph
(2)(A) or section 612(a)(18)(B) (relating to commingled funds),
funds provided to the local educational agency under this part
may be used for the following activities:
``(A) Services and aids that also benefit nondisabled
children.--For the costs of special education and
related services and supplementary aids and services
provided in a regular class or other education-related
setting to a child with a disability in accordance with
the individualized education program of the child, even
if one or more nondisabled children benefit from such
services.
``(B) Prereferral services.--To develop and implement
a system of comprehensive coordinated prereferral
education support services in accordance with
subsection (f).
``(C) High cost education and related services.--To
establish and implement cost or risk sharing funds,
consortia, or cooperatives for the agency itself, or
for local educational agencies working in consortium of
which the local educational agency is a part, to pay
for high cost special education and related services.
``(D) Case management and administration.--To
purchase appropriate technology for record keeping,
data collection, and related case management activities
of teachers and related services personnel who are
providing services described in the individualized
education program of children with disabilities
necessary to the implementation of those case
management activities.
``(E) Supplemental educational services for children
with disabilities in schools designated for
improvement.--For the reasonable additional expenses
(as determined by the local educational agency) of any
necessary accommodations to allow children with
disabilities who are being educated in a school
identified for school improvement under section 1116(b)
of the Elementary and Secondary Education Act of 1965
(20 U.S.C. 6316(b)) to be provided supplemental
educational services under section 1116(e) of such Act
on an equitable basis.
``(5) Treatment of charter schools and their students.--In
carrying out this part with respect to charter schools that are
public schools of the local educational agency, the local
educational agency--
``(A) serves children with disabilities attending
those schools in the same manner as it serves children
with disabilities in its other schools, including
providing supplemental and related services on site at
the charter school when the local educational agency
has a policy or practice of providing those services on
site to its other schools; and
``(B) provides funds under this part to those schools
on the same basis as it provides those funds to its
other public schools (including, at the option of such
agency, proportional distribution based on relative
enrollment of children with disabilities at such
charter schools), and at the same time as such agency
distributes other Federal funds to those schools,
consistent with the State's charter law.
``(6) Purchase of instructional materials.--Not later than 2
years after the date of the enactment of the Improving
Education Results for Children With Disabilities Act of 2003,
the local educational agency, when purchasing instructional
materials for use in public elementary and secondary schools
within the local educational agency, requires the publisher of
the instructional materials, as a part of any purchase
agreement that is made, renewed, or revised, to prepare and
supply electronic files containing the contents of the
instructional materials using the national instructional
materials accessibility standard described in section
612(a)(23).
``(7) Information for state educational agency.--The local
educational agency shall provide the State educational agency
with information necessary to enable the State educational
agency to carry out its duties under this part, including, with
respect to paragraphs (15) and (16) of section 612(a),
information relating to the performance of children with
disabilities participating in programs carried out under this
part.
``(8) Public information.--The local educational agency shall
make available to parents of children with disabilities and to
the general public all documents relating to the eligibility of
such agency under this part.
``(9) Records regarding migratory children with
disabilities.--The local educational agency shall cooperate in
the Secretary's efforts under section 1308 of the Elementary
and Secondary Education Act of 1965 (20 U.S.C. 6398) to ensure
the linkage of records pertaining to migratory children with a
disability for the purpose of electronically exchanging, among
the States, health and educational information regarding such
children.
``(b) Exception for Prior Local Plans.--
``(1) In general.--If a local educational agency or State
agency has on file with the State educational agency policies
and procedures that demonstrate that such local educational
agency, or such State agency, as the case may be, meets any
requirement of subsection (a), including any policies and
procedures filed under this part as in effect before the
effective date of the Improving Education Results for Children
With Disabilities Act of 2003, the State educational agency
shall consider such local educational agency or State agency,
as the case may be, to have met such requirement for purposes
of receiving assistance under this part.
``(2) Modification made by local educational agency.--Subject
to paragraph (3), an application submitted by a local
educational agency in accordance with this section shall remain
in effect until it submits to the State educational agency such
modifications as the local educational agency deems necessary.
``(3) Modifications required by state educational agency.--
If, after the date of the enactment of the Improving Education
Results for Children With Disabilities Act of 2003, the
provisions of this Act are amended (or the regulations
developed to carry out this Act are amended), or there is a new
interpretation of this Act by Federal or State courts, or there
is an official finding of noncompliance with Federal or State
law or regulations, the State educational agency may require a
local educational agency to modify its application only to the
extent necessary to ensure the local educational agency's
compliance with this part or State law.
``(c) Notification of Local Educational Agency or State Agency in
Case of Ineligibility.--If the State educational agency determines that
a local educational agency or State agency is not eligible under this
section, the State educational agency shall notify the local
educational agency or State agency, as the case may be, of that
determination and shall provide such local educational agency or State
agency with reasonable notice and an opportunity for a hearing.
``(d) Local Educational Agency Compliance.--
``(1) In general.--If the State educational agency, after
reasonable notice and an opportunity for a hearing, finds that
a local educational agency or State agency that has been
determined to be eligible under this section is failing to
comply with any requirement described in subsection (a), the
State educational agency shall reduce or shall not provide any
further payments to the local educational agency or State
agency until the State educational agency is satisfied that the
local educational agency or State agency, as the case may be,
is complying with that requirement.
``(2) Additional requirement.--Any State agency or local
educational agency in receipt of a notice described in
paragraph (1) shall, by means of public notice, take such
measures as may be necessary to bring the pendency of an action
pursuant to this subsection to the attention of the public
within the jurisdiction of such agency.
``(3) Consideration.--In carrying out its responsibilities
under paragraph (1), the State educational agency shall
consider any decision made in a hearing held under section 615
that is adverse to the local educational agency or State agency
involved in that decision.
``(e) Joint Establishment of Eligibility.--
``(1) Joint establishment.--
``(A) In general.--A State educational agency may
require a local educational agency to establish its
eligibility jointly with another local educational
agency if the State educational agency determines that
the local educational agency would be ineligible under
this section because the local educational agency would
not be able to establish and maintain programs of
sufficient size and scope to effectively meet the needs
of children with disabilities.
``(B) Charter school exception.--A State educational
agency may not require a charter school that is a local
educational agency to jointly establish its eligibility
under subparagraph (A) unless it is explicitly
permitted to do so under the State's charter school
statute.
``(2) Amount of payments.--If a State educational agency
requires the joint establishment of eligibility under paragraph
(1), the total amount of funds made available to the affected
local educational agencies shall be equal to the sum of the
payments that each such local educational agency would have
received under section 611(f) if such agencies were eligible
for such payments.
``(3) Requirements.--Local educational agencies that
establish joint eligibility under this subsection shall--
``(A) adopt policies and procedures that are
consistent with the State's policies and procedures
under section 612(a); and
``(B) be jointly responsible for implementing
programs that receive assistance under this part.
``(4) Requirements for educational service agencies.--
``(A) In general.--If an educational service agency
is required by State law to carry out programs under
this part, the joint responsibilities given to local
educational agencies under this subsection shall--
``(i) not apply to the administration and
disbursement of any payments received by that
educational service agency; and
``(ii) be carried out only by that
educational service agency.
``(B) Additional requirement.--Notwithstanding any
other provision of this subsection, an educational
service agency shall provide for the education of
children with disabilities in the least restrictive
environment, as required by section 612(a)(5).
``(f) Prereferral Services.--
``(1) In general.--A local educational agency may use not
more than 15 percent of the amount such agency receives under
this part for any fiscal year, in combination with other
amounts (which may include amounts other than education funds),
to develop and implement comprehensive coordinated prereferral
educational support services for students in kindergarten
through grade 12 (with a particular emphasis on students in
grades kindergarten through 3) who have not been identified as
needing special education or related services but who need
additional academic and behavioral support to succeed in a
general education environment.
``(2) Activities.--In implementing comprehensive coordinated
prereferral educational services under this subsection, a local
educational agency may carry out the following activities:
``(A) Professional development (which may be provided
by entities other than local educational agencies) for
teachers to enable them to deliver scientifically based
academic and behavioral interventions, including
scientifically based literacy instruction.
``(B) Providing educational evaluations, services,
and supports, including scientifically based literacy
instruction and speech therapy.
``(C) Providing behavioral evaluations and services
and supports, including positive behavioral
interventions and supports.
``(3) Exclusion.--Nothing in this subsection shall be
construed to either limit or create a right to a free
appropriate public education under this part.
``(4) Reporting.--Each local educational agency that develops
and maintains comprehensive coordinated prereferral educational
support services under this subsection shall annually report to
the State educational agency on--
``(A) the number of students served under this
subsection; and
``(B) the number of students served under this
subsection who subsequently receive special education
and related services under this Act during the
preceding 2-year period.
``(5) Coordination with the elementary and secondary
education act of 1965.--
``(A) In general.--Comprehensive coordinated
prereferral educational support services provided under
this subsection may be aligned with activities funded
by, and carried out under, the Elementary and Secondary
Education Act of 1965, such as the Reading First
program under subpart 1 of part B of title I of such
Act, the Early Reading First program under subpart 2 of
part B of title I of such Act, reading and math
supports under part A of title I of such Act, and
behavior intervention supports, that improve results
for children with disabilities.
``(B) Maintenance of effort.--Funds used under this
section shall be used to supplement, and not supplant,
funds made available under the Elementary and Secondary
Education Act of 1965.
``(g) Direct Services by the State Educational Agency.--
``(1) In general.--A State educational agency shall use the
payments that would otherwise have been available to a local
educational agency or to a State agency to provide special
education and related services directly to children with
disabilities residing in the area served by that local agency,
or for whom that State agency is responsible, if the State
educational agency determines that the local education agency
or State agency, as the case may be--
``(A) has not provided the information needed to
establish the eligibility of such agency under this
section;
``(B) is unable to establish and maintain programs of
free appropriate public education that meet the
requirements of subsection (a);
``(C) is unable or unwilling to be consolidated with
one or more local educational agencies in order to
establish and maintain such programs; or
``(D) has one or more children with disabilities who
can best be served by a regional or State program or
service-delivery system designed to meet the needs of
such children.
``(2) Manner and location of education and services.--The
State educational agency may provide special education and
related services under paragraph (1) in such manner and at such
locations (including regional or State centers) as the State
agency considers appropriate. Such education and services shall
be provided in accordance with this part.
``(h) State Agency Eligibility.--Any State agency that desires to
receive a subgrant for any fiscal year under section 611(f) shall
demonstrate to the satisfaction of the State educational agency that--
``(1) all children with disabilities who are participating in
programs and projects funded under this part receive a free
appropriate public education, and that those children and their
parents are provided all the rights and procedural safeguards
described in this part; and
``(2) the agency meets such other conditions of this section
as the Secretary determines to be appropriate.
``(i) Disciplinary Information.--The State may require that a local
educational agency include in the records of a child with a disability
a statement of any current or previous disciplinary action that has
been taken against the child and transmit such statement to the same
extent that such disciplinary information is included in, and
transmitted with, the student records of nondisabled children. The
statement may include a description of any behavior engaged in by the
child that required disciplinary action, a description of the
disciplinary action taken, and any other information that is relevant
to the safety of the child and other individuals involved with the
child. If the State adopts such a policy, and the child transfers from
one school to another, the transmission of any of the child's records
must include both the child's current individualized education program
and any such statement of current or previous disciplinary action that
has been taken against the child.''.
SEC. 204. EVALUATIONS, ELIGIBILITY DETERMINATIONS, INDIVIDUALIZED
EDUCATION PROGRAMS, AND EDUCATIONAL PLACEMENTS.
Section 614 of the Individuals with Disabilities Education Act (20
U.S.C. 1414) is amended to read as follows:
``SEC. 614. EVALUATIONS, ELIGIBILITY DETERMINATIONS, INDIVIDUALIZED
EDUCATION PROGRAMS, AND EDUCATIONAL PLACEMENTS.
``(a) Evaluations, Parental Consent, and Reevaluations.--
``(1) Initial evaluations.--
``(A) In general.--A State educational agency, other
State agency, or local educational agency shall conduct
a full and individual initial evaluation, in accordance
with this paragraph and subsection (b), before the
initial provision of special education and related
services to a child with a disability under this part.
``(B) Request for initial evaluation.--Consistent
with subparagraph (D), either a parent of a child, a
State educational agency, other State agency as
appropriate, or local educational agency may initiate a
request for an initial evaluation to determine if the
child is a child with a disability.
``(C) Procedures.--Such initial evaluation shall
consist of procedures--
``(i) to determine whether a child is a child
with a disability (as defined in section
602(3)); and
``(ii) to determine the educational needs of
such child.
``(D) Parental consent.--
``(i) In general.--
``(I) Consent for initial
evaluation.--The agency proposing to
conduct an initial evaluation to
determine if the child qualifies as a
child with a disability as defined in
section 602(3)(A) or 602(3)(B) shall
obtain informed consent from the parent
of such child before conducting the
evaluation. Parental consent for
evaluation shall not be construed as
consent for placement for receipt of
special education and related services.
``(II) Consent for services.--An
agency that is responsible for making a
free appropriate public education
available to a child with a disability
under this part shall seek to obtain
informed consent from the parent of
such child before providing special
education and related services to the
child.
``(ii) Absence of consent.--
``(I) For initial evaluation.--If the
parent of such child does not provide
consent for an initial evaluation under
clause (i)(I), or the parent fails to
respond to a request to provide the
consent, the local educational agency
may pursue the initial evaluation of
the child through the procedures
described in section 615, except to the
extent inconsistent with State law
relating to such parental consent.
``(II) For services.--If the parent
of such child does not provide consent
for services under clause (i)(II), or
the parent fails to respond to a
request to provide the consent, the
local educational agency shall not
provide special education and related
services to the child through the
procedures described in section 615.
``(III) Effect on agency
obligations.--In any case for which
there is an absence of consent for an
initial evaluation under subclause (I),
or for which there is an absence of
consent for services under subclause
(II)--
``(aa) the local educational
agency shall not be required to
convene an IEP meeting or
develop an IEP under this
section for the child; and
``(bb) the local educational
agency shall not be considered
to be in violation of any
requirement under this part
(including the requirement to
make available a free
appropriate public education to
the child) with respect to the
lack of an initial evaluation
of the child, an IEP meeting
with respect to the child, or
the development of an IEP under
this section for the child.
``(E) Rule of construction.--The screening of a
student by a teacher or specialist to determine
appropriate instructional strategies for curriculum
implementation shall not be considered to be an
evaluation for eligibility for special education and
related services.
``(2) Reevaluations.--
``(A) In general.--A local educational agency shall
ensure that a reevaluation of each child with a
disability is conducted in accordance with subsections
(b) and (c)--
``(i) if the local educational agency
determines that the educational needs,
including improved academic achievement, of the
child warrant a reevaluation; or
``(ii) if the child's parent or teacher
requests a reevaluation.
``(B) Limitation.--A reevaluation conducted under
subparagraph (A) shall occur--
``(i) no more than once a year, unless the
parent and the local educational agency agree
otherwise; and
``(ii) at least once every three years,
unless the parent and the local educational
agency agree that a reevaluation is
unnecessary.
``(b) Evaluation Procedures.--
``(1) Notice.--The local educational agency shall provide
notice to the parent of a child with a disability, in
accordance with subsections (b)(3), (b)(4), and (c) of section
615, that describes any evaluation procedures such agency
proposes to conduct.
``(2) Conduct of evaluation.--In conducting the evaluation,
the local educational agency shall--
``(A) use multiple up-to-date measures and
assessments to gather relevant functional,
developmental, and academic information, including
information provided by the parent, to assist in
determining--
``(i) whether the child is a child with a
disability; and
``(ii) the content of the child's
individualized education program, including
information related to enabling the child to be
involved in and progress in the general
education curriculum or, for preschool
children, to participate in appropriate
activities;
``(B) not use any single measure or assessment as the
sole criterion for determining whether a child is a
child with a disability or determining an appropriate
educational program for the child; and
``(C) use technically sound instruments that may
assess the relative contribution of cognitive and
behavioral factors, in addition to physical or
developmental factors.
``(3) Additional requirements.--Each local educational agency
shall ensure that--
``(A) assessments and other evaluation measures used
to assess a child under this section--
``(i) are selected and administered so as not
to be discriminatory on a racial or cultural
basis;
``(ii) are provided and administered, to the
extent practicable, in the language and form
most likely to yield accurate academic and
developmental data;
``(iii) are used for the purposes for which
the assessments or measures are valid and
reliable;
``(iv) are administered by trained and
knowledgeable personnel; and
``(v) are administered in accordance with any
instructions provided by the producer of such
tests;
``(B) the child is assessed in all areas of suspected
disability; and
``(C) assessment tools and strategies that provide
relevant information that directly assists persons in
determining the educational needs of the child are
provided.
``(4) Determination of eligibility and educational need.--
Upon completion of the administration of assessments and other
evaluation measures--
``(A) the determination of whether the child is a
child with a disability as defined in section 602(3)
and the educational needs of the child shall be made by
a team of qualified professionals and the parent of the
child in accordance with paragraph (5); and
``(B) a copy of the evaluation report and the
documentation of determination of eligibility will be
given to the parent.
``(5) Special rule for eligibility determination.--In making
a determination of eligibility under paragraph (4)(A), a child
shall not be determined to be a child with a disability if the
determinant factor for such determination is--
``(A) lack of scientifically based instruction
practices and programs that contain the essential
components of reading instruction (as that term is
defined in section 1208(3) of the Elementary and
Secondary Education Act of 1965);
``(B) lack of instruction in math; or
``(C) limited English proficiency.
``(6) Specific learning disabilities.--
``(A) In general.--Notwithstanding section 607 of
this Act, when determining whether a child has a
specific learning disability as defined under this Act,
the local educational agency shall not be required to
take into consideration whether the child has a severe
discrepancy between achievement and intellectual
ability in oral expression, listening comprehension,
written expression, basic reading skill, reading
comprehension, mathematical calculation, or
mathematical reasoning.
``(B) Additional authority.--In determining whether a
child has a specific learning disability, a local
educational agency may use a process which determines
if a child responds to scientific, research-based
intervention.
``(c) Additional Requirements For Evaluation and Reevaluations.--
``(1) Review of existing evaluation data.--As part of an
initial evaluation (if appropriate) and as part of any
reevaluation under this section, the IEP Team described in
subsection (d)(1)(B) and other qualified professionals, as
appropriate, shall--
``(A) review existing evaluation data on the child,
including evaluations and information provided by the
parents of the child, current classroom-based local or
State assessments, and classroom-based observations,
and teacher and related services providers
observations; and
``(B) on the basis of that review, and input from the
child's parents, identify what additional data, if any,
are needed to determine--
``(i) whether the child is a child with a
disability as defined in section 602(3), and
the educational needs of the child, or, in case
of a reevaluation of a child, whether the child
continues to have such a disability and such
educational needs;
``(ii) the present levels of academic
achievement and related developmental needs of
the child;
``(iii) whether the child needs special
education and related services, or in the case
of a reevaluation of a child, whether the child
continues to need special education and related
services; and
``(iv) whether any additions or modifications
to the special education and related services
are needed to enable the child to meet the
measurable annual goals set out in the
individualized education program of the child
and to participate, as appropriate, in the
general education curriculum.
``(2) Source of data.--The local educational agency shall
administer such assessments and other evaluation measures as
may be needed to produce the data identified by the IEP Team
under paragraph (1)(B).
``(3) Parental consent.--Each local educational agency shall
obtain informed parental consent, in accordance with subsection
(a)(1)(D), prior to conducting any reevaluation of a child with
a disability, except that such informed parental consent need
not be obtained if the local educational agency can demonstrate
that it had taken reasonable measures to obtain such consent
and the child's parent has failed to respond.
``(4) Requirements if additional data are not needed.--If the
IEP Team and other qualified professionals, as appropriate,
determine that no additional data are needed to determine
whether the child continues to be a child with a disability and
to determine the child's educational needs, the local
educational agency--
``(A) shall notify the child's parents of--
``(i) that determination and the reasons for
it; and
``(ii) the right of such parents to request
an assessment to determine whether the child
continues to be a child with a disability and
to determine the child's educational needs; and
``(B) shall not be required to conduct such an
assessment unless requested to by the child's parents.
``(5) Evaluations before change in eligibility.--A local
educational agency shall evaluate a child with a disability in
accordance with this section prior to graduation, and before
determining that the child is no longer a child with a
disability, only in instances where the IEP Team is not in
agreement regarding the change in eligibility.
``(d) Individualized Education Programs.--
``(1) Definitions.--As used in this title:
``(A) Individualized education program.--
``(i) In general.--The term `individualized
education program' or `IEP' means a written
statement for each child with a disability that
is developed, reviewed, and revised in
accordance with this section and that
includes--
``(I) a statement of the child's
present levels of academic achievement,
including--
``(aa) how the child's
disability affects the child's
involvement and progress in the
general education curriculum;
``(bb) for preschool
children, as appropriate, how
the disability affects the
child's participation in
appropriate activities; and
``(cc) until the beginning of
the 2005-2006 school year, a
description of benchmarks or
short-term objectives, except
in the case of children with
disabilities who take alternate
assessments aligned to
alternate achievement
standards, a description of
benchmarks or short-term
objectives shall continue to be
included;
``(II) a statement of measurable
annual goals designed to--
``(aa) meet the child's needs
that result from the child's
disability to enable the child
to be involved in and make
progress in the general
education curriculum; and
``(bb) meet the child's other
educational needs that result
from the child's disability;
``(III) a statement of the special
education and related services and
supplementary aids and services, based
on peer-reviewed research to the extent
practicable, to be provided to the
child, or on behalf of the child, and a
statement of the program modifications
or supports for school personnel that
will be provided for the child--
``(aa) to advance
appropriately toward attaining
the annual goals;
``(bb) to be involved in and
make progress in the general
education curriculum in
accordance with subclause (I)
and to participate in
extracurricular and other
nonacademic activities; and
``(cc) to be educated and
participate with other children
with disabilities and
nondisabled children in the
activities described in this
paragraph;
``(IV) an explanation of the extent,
if any, to which the child will not
participate with nondisabled children
in the regular class and in the
activities described in subclause
(III)(cc);
``(V)(aa) a statement of any
individual appropriate accommodations
in the administration of State or
districtwide assessments of student
achievement that are necessary to
measure the academic achievement of the
child consistent with section
612(a)(16)(A)(ii); and
``(bb) if the IEP Team determines
that the child will not participate in
a particular State or districtwide
assessment of student achievement (or
part of such an assessment), a
statement of--
``(AA) why that assessment is
not appropriate for the child;
and
``(BB) how the child will be
assessed consistent with
612(a)(16)(A);
``(VI) the projected date for the
beginning of the services and
modifications described in subclause
(III), and the anticipated frequency,
location, and duration of those
services and modifications;
``(VII)(aa) beginning at age 14, and
updated annually, a statement of the
transition service needs of the child
under the applicable components of the
child's IEP that focuses on the child's
courses of study (such as participation
in advanced-placement courses or a
vocational education program);
``(bb) beginning at age 16 (or
younger, if determined appropriate by
the IEP Team), a statement of needed
transition services for the child,
including, when appropriate, a
statement of the interagency
responsibilities or any needed
linkages; and
``(cc) beginning at least 1 year
before the child reaches the age of
majority under State law, a statement
that the child has been informed of his
or her rights under this title, if any,
that will transfer to the child on
reaching the age of majority under
section 615(l); and
``(VIII) a statement of--
``(aa) how the child's
progress toward the annual
goals described in subclause
(II) will be measured; and
``(bb) how the child's
parents will be regularly
informed (by such means as
periodic report cards), at
least as often as parents are
informed of their nondisabled
children's progress, of the
sufficiency of their child's
progress toward the annual
goals described in subclause
(II).
``(ii) Rule of construction.--Nothing in this
subparagraph shall be construed to require--
``(I) that additional information be
included in a child's IEP beyond what
is required in this subsection; and
``(II) the IEP Team to include
information under one component of a
child's IEP that is already contained
under another component of such IEP.
``(B) Individualized education program team.--The
term `individualized education program team' or `IEP
Team' means a group of individuals composed of--
``(i) the parents of a child with a
disability;
``(ii) a regular education teacher of such
child, but such teacher shall not be required
to attend a meeting or part of a meeting of the
IEP Team involving issues not related to the
child's participation in the regular education
environment, nor shall multiple regular
education teachers, if the child has more than
one regular education teacher, be required to
attend a meeting, or part of a meeting, of the
IEP team;
``(iii) at least 1 special education teacher,
or where appropriate, at least 1 special
education provider of such child;
``(iv) a representative of the local
educational agency who--
``(I) is qualified to provide, or
supervise the provision of, specially
designed instruction to meet the unique
needs of children with disabilities;
``(II) is knowledgeable about the
general education curriculum; and
``(III) is knowledgeable about the
availability of resources of the local
educational agency;
``(v) an individual who can interpret the
instructional implications of evaluation
results, who may be a member of the team
described in clauses (ii) through (vi);
``(vi) at the discretion of the parent or the
agency, other individuals who have knowledge or
special expertise regarding the child,
including related services personnel as
appropriate; and
``(vii) whenever appropriate, the child with
a disability.
``(2) Requirement that program be in effect.--
``(A) In general.--At the beginning of each school
year, each local educational agency, State educational
agency, or other State agency, as the case may be,
shall have in effect, for each child with a disability
in its jurisdiction, an individualized education
program, as defined in paragraph (1)(A).
``(B) Program for child aged 3 through 5.--In the
case of a child with a disability aged 3 through 5 (or,
at the discretion of the State educational agency, a 2
year-old child with a disability who will turn age 3
during the school year), the IEP Team shall consider
the individualized family service plan that contains
the material described in section 636, and that is
developed in accordance with this section, and the
individualized family service plan may serve as the IEP
of the child if using that plan as the IEP is--
``(i) consistent with State policy; and
``(ii) agreed to by the agency and the
child's parents.
``(3) Development of iep.--
``(A) In general.--In developing each child's IEP,
the IEP Team, subject to subparagraph (C), shall
consider--
``(i) the results of the initial evaluation
or most recent evaluation of the child;
``(ii) the academic and developmental needs
of the child;
``(iii) the strengths of the child; and
``(iv) the concerns of the parents for
enhancing the education of their child.
``(B) Consideration of special factors.--The IEP Team
shall--
``(i) in the case of a child whose behavior
impedes his or her learning or that of others,
consider the use of positive behavioral
interventions and supports, and other
strategies, to address that behavior;
``(ii) in the case of a child with limited
English proficiency, consider the language
needs of the child as such needs relate to the
child's IEP;
``(iii) in the case of a child who is blind
or visually impaired, provide for instruction
in Braille and the use of Braille unless the
IEP Team determines, after an evaluation of the
child's reading and writing skills, needs, and
appropriate reading and writing media
(including an evaluation of the child's future
needs for instruction in Braille or the use of
Braille), that instruction in Braille or the
use of Braille is not appropriate for the
child;
``(iv) consider the communication needs of
the child, and in the case of a child who is
deaf or hard of hearing, consider the child's
language and communication needs, opportunities
for direct communications with peers and
professional personnel in the child's language
and communication mode, academic level, and
full range of needs, including opportunities
for direct instruction in the child's language
and communication mode; and
``(v) consider whether the child needs
assistive technology devices and services.
``(C) Requirement with respect to regular education
teacher.--The regular education teacher of the child,
if a member of the IEP Team pursuant to paragraph
(1)(B)(ii), shall, to the extent appropriate,
participate in the development of the IEP of the child,
including the determination of appropriate positive
behavioral interventions and supports, and other
strategies and the determination of supplementary aids
and services, program modifications, and support for
school personnel consistent with paragraph
(1)(A)(i)(III).
``(D) IEP team attendance.--The parent of a child
with a disability and the local educational agency may
jointly excuse any member of the IEP Team from
attending all or part of an IEP meeting if they agree
that the member's attendance is not necessary. The IEP
Team shall obtain the member's input prior to an IEP
meeting from which the member is excused.
``(E) Agreement on meeting.--In making changes to a
child's IEP after the annual IEP meeting, the parent of
a child with a disability and the local educational
agency may agree not to reconvene the IEP team and
instead develop a written document to amend or modify
the child's current IEP.
``(F) Consolidation of iep team meetings.--To the
extent possible, the local educational agency shall
encourage the consolidation of IEP Team meetings for a
child.
``(G) Amendments.--Changes to the IEP may be made
either by the entire IEP Team or, as provided in
subparagraph (E), by amending the IEP rather than by
redrafting the entire IEP.
``(4) Review and revision of iep.--
``(A) In general.--The local educational agency shall
ensure that, subject to subparagraph (B), the IEP
Team--
``(i) reviews the child's IEP periodically,
but not less than annually, to determine
whether the annual goals for the child are
being achieved; and
``(ii) revises the IEP as appropriate to
address--
``(I) any lack of expected progress
toward the annual goals and in the
general education curriculum, where
appropriate;
``(II) the results of any
reevaluation conducted under this
section;
``(III) information about the child
provided to, or by, the parents, as
described in subsection (c)(1)(B);
``(IV) the child's anticipated needs;
or
``(V) other matters.
``(B) Requirement with respect to regular education
teacher.--The regular education teacher of the child,
if a member of the IEP Team, shall, consistent with
this section, participate in the review and revision of
the IEP of the child.
``(5) Multi-year iep.--
``(A) Development.--The local educational agency may
offer to the parent of a child with a disability the
option of developing a comprehensive multi-year IEP,
not to exceed 3 years, that is designed to cover the
natural transition points for the child. With the
consent of the parent, the IEP Team shall develop an
IEP, as described in paragraphs (1) and (3), that is
designed to serve the child for the appropriate multi-
year period, which includes a statement of--
``(i) measurable goals pursuant to paragraph
(1)(A)(i)(II), coinciding with natural
transition points for the child, that will
enable the child to be involved in and make
progress in the general education curriculum
and that will meet the child's other needs that
result from the child's disability; and
``(ii) measurable annual goals for
determining progress toward meeting the goals
described in clause (i).
``(B) Review and revision of multi-year iep.--
``(i) Requirement.--The IEP Team shall
conduct a review under paragraph (4) of the
child's multi-year IEP at each of the child's
natural transition points.
``(ii) Streamlined annual review process.--In
years other than a child's natural transition
points, the local educational agency shall
ensure that the IEP Team--
``(I) provides an annual review of
the child's IEP to determine the
child's current levels of progress and
determine whether the annual goals for
the child are being achieved; and
``(II) amends the IEP, as
appropriate, to enable the child to
continue to meet the measurable goals
set out in the IEP.
``(iii) Comprehensive review process.--If the
IEP Team determines, on the basis of the review
under clause (i), that the child is not making
sufficient progress toward the goals described
in subparagraph (A), the local educational
agency shall ensure that the IEP Team reviews
the IEP under paragraph (4), within 30 calendar
days.
``(iv) Parental preference.--At the request
of the parent, the IEP Team shall conduct a
review under paragraph (4) of the child's
multi-year IEP rather than a streamlined annual
review under clause (ii).
``(C) Definition.--As used in this paragraph, the
term `natural transition points' means those periods
that are close in time to the transition of a child
with a disability from preschool to elementary grades,
from elementary grades to middle or junior high school
grades, from middle or junior high school grades to
high school grades, and from high school grades to
post-secondary activities, but in no case longer than 3
years.
``(6) Failure to meet transition objectives.--If a
participating agency, other than the local educational agency,
fails to provide the transition services described in the IEP
in accordance with paragraph (1)(A)(i)(VII), the local
educational agency shall reconvene the IEP Team to identify
alternative strategies to meet the transition objectives for
the child set out in that program.
``(7) Children with disabilities in adult prisons.--
``(A) In general.--The following requirements do not
apply to children with disabilities who are convicted
as adults under State law and incarcerated in adult
prisons:
``(i) The requirements contained in section
612(a)(16) and paragraph (1)(A)(i)(V) of this
subsection (relating to participation of
children with disabilities in general
assessments).
``(ii) The requirements of items (aa) and
(bb) of paragraph (1)(A)(i)(VII) of this
subsection (relating to transition planning and
transition services), do not apply with respect
to such children whose eligibility under this
part will end, because of their age, before
they will be released from prison.
``(B) Additional requirement.--If a child with a
disability is convicted as an adult under State law and
incarcerated in an adult prison, the child's IEP Team
may modify the child's IEP or placement notwithstanding
the requirements of sections 612(a)(5)(A) and
614(d)(1)(A) if the State has demonstrated a bona fide
security or compelling penological interest that cannot
otherwise be accommodated.
``(e) Educational Placements.--Each local educational agency or State
educational agency shall ensure that the parents of each child with a
disability are members of any group that makes decisions on the
educational placement of their child.
``(f) Alternative Means of Meeting Participation.--When conducting
IEP team meetings and placement meetings pursuant to this section and
615, the parent of a child with a disability and a local educational
agency may agree to use alternative means of meeting participation,
such as video conferences and conference calls.''.
SEC. 205. PROCEDURAL SAFEGUARDS.
(a) Establishment of Procedures.--Section 615(a) of the Individuals
with Disabilities Education Act (20 U.S.C. 1415(a)) is amended to read
as follows:
``(a) Establishment of Procedures.--Any State educational agency,
State agency, or local educational agency that receives assistance
under this part shall establish and maintain procedures in accordance
with this section to ensure that children with disabilities and their
parents are guaranteed procedural safeguards with respect to the
provision of free appropriate public education by such agencies.''.
(b) Types of Procedures.--Section 615(b) of the Individuals with
Disabilities Education Act (20 U.S.C. 1415(b)) is amended to read as
follows:
``(b) Types of Procedures.--The procedures required by this section
shall include--
``(1) an opportunity for the parents of a child with a
disability to examine all records relating to such child and to
participate in meetings with respect to the identification,
evaluation, and educational placement of the child, and the
provision of a free appropriate public education to such child,
and to obtain as appropriate an independent educational
evaluation of the child;
``(2) procedures to protect the rights of the child whenever
the parents of the child are not known, the agency cannot,
after reasonable efforts, locate the parents, or the child is a
ward of the State, including the assignment of an individual
(who shall not be an employee of the State educational agency,
the local educational agency, or any other agency that is
involved in the education or care of the child) to act as a
surrogate for the parents;
``(3) written prior notice to the parents of the child
whenever such agency--
``(A) proposes to initiate or change; or
``(B) refuses to initiate or change;
the identification, evaluation, or educational placement of the
child, in accordance with subsection (c), or the provision of a
free appropriate public education to the child;
``(4) procedures designed to ensure that the notice required
by paragraph (3) is in the native language of the parents,
unless it clearly is not feasible to do so;
``(5) an opportunity for mediation and voluntary binding
arbitration, in accordance with subsection (e);
``(6) an opportunity to present complaints--
``(A) with respect to any matter relating to the
identification, evaluation, or educational placement of
the child, or the provision of a free appropriate
public education to such child; and
``(B) which set forth a violation that occurred not
more than one year before the complaint is filed;
``(7)(A) procedures that require the parent of a child with a
disability, or the attorney representing the child, to provide
notice (which shall remain confidential)--
``(i) to the local educational agency or State
educational agency (if the State educational agency is
the direct provider of services pursuant to section
613(g)), in the complaint filed under paragraph (6);
and
``(ii) that shall include--
``(I) the name of the child, the address of
the residence of the child (or, in the case of
a homeless child or youth (within the meaning
of section 725(2) of the McKinney-Vento
Homeless Assistance Act (42 U.S.C. 11434a(2)),
available contact information for the child),
and the name of the school the child is
attending;
``(II) a description of the specific issues
regarding the nature of the problem of the
child relating to such proposed initiation or
change, including facts relating to such
problem; and
``(III) a proposed resolution of the problem
to the extent known and available to the
parents at the time;
``(B) a requirement that a parent of a child with a
disability may not have a due process hearing until the parent,
or the attorney representing the child, files a notice that
meets the requirements of this paragraph; and
``(8) procedures that require the State educational agency to
develop a model form to assist parents in filing a complaint in
accordance with paragraph (7).''.
(c) Content of Prior Written Notice.--Section 615(c) of the
Individuals with Disabilities Education Act (20 U.S.C. 1415(c)) is
amended to read as follows:
``(c) Content of Prior Written Notice.--The notice required by
subsection (b)(3) shall include--
``(1) a description of the action proposed or refused by the
agency;
``(2) an explanation of why the agency proposes or refuses to
take the action and a description of each evaluation procedure,
test, record, or report the agency used as a basis for the
proposed or refused action;
``(3) a statement that the parents of a child with a
disability have protection under the procedural safeguards of
this part and, if this notice is not an initial referral for
evaluation, the means by which a copy of a description of the
procedural safeguards can be obtained; and
``(4) sources for parents to contact to obtain assistance in
understanding the provisions of this part.''.
(d) Procedural Safeguards Notice.--Section 615(d) of the Individuals
with Disabilities Education Act (20 U.S.C. 1415(d)) is amended to read
as follows:
``(d) Procedural Safeguards Notice.--
``(1) In general.--A copy of the procedural safeguards
available to the parents of a child with a disability shall be
given to the parents, at a minimum--
``(A) upon initial referral or parental request for
evaluation;
``(B) annually, at the beginning of the school year;
and
``(C) upon written request by a parent.
``(2) Contents.--The procedural safeguards notice shall
include a description of the procedural safeguards, written in
the native language of the parents, unless it clearly is not
feasible to do so, and written in an easily understandable
manner, available under this section and under regulations
promulgated by the Secretary relating to--
``(A) independent educational evaluation;
``(B) prior written notice;
``(C) parental consent;
``(D) access to educational records;
``(E) opportunity to present complaints;
``(F) the child's placement during pendency of due
process proceedings;
``(G) procedures for students who are subject to
placement in an interim alternative educational
setting;
``(H) requirements for unilateral placement by
parents of children in private schools at public
expense;
``(I) mediation, early dispute resolution, and
voluntary binding arbitration;
``(J) due process hearings, including requirements
for disclosure of evaluation results and
recommendations;
``(K) civil actions; and
``(L) attorneys' fees.''.
(e) Mediation and Voluntary Binding Arbitration.--Section 615(e) of
the Individuals with Disabilities Education Act (20 U.S.C. 1415(e)) is
amended to read as follows:
``(e) Mediation and Voluntary Binding Arbitration.--
``(1) Mediation.--
``(A) In general.--Any State educational agency or
local educational agency that receives assistance under
this part shall ensure that procedures are established
and implemented to allow parties to disputes involving
any matter, including matters arising prior to the
filing of a complaint pursuant to subsection (b)(6), to
resolve such disputes through a mediation process.
``(B) Requirements.--Such procedures shall meet the
following requirements:
``(i) The procedures shall ensure that the
mediation process--
``(I) is voluntary on the part of the
parties;
``(II) is not used to deny or delay a
parent's right to a due process hearing
under subsection (f), or to deny any
other rights afforded under this part;
and
``(III) is conducted by a qualified
and impartial mediator who is trained
in effective mediation techniques.
``(ii) A local educational agency or a State
agency may establish procedures to offer to
parents who choose not to use the mediation
process, an opportunity to meet, at a time and
location convenient to the parents, with a
disinterested party who is under contract
with--
``(I) a parent training and
information center in the State
established under section 672; or
``(II) an appropriate alternative
dispute resolution entity;
to encourage the use, and explain the benefits,
of the mediation process to the parents.
``(iii) The State shall maintain a list of
individuals who are qualified mediators and
knowledgeable in laws and regulations relating
to the provision of special education and
related services.
``(iv) The State shall bear the cost of the
mediation process, including the costs of
meetings described in clause (ii).
``(v) Each session in the mediation process
shall be scheduled in a timely manner and shall
be held in a location that is convenient to the
parties to the dispute.
``(vi) An agreement reached by the parties to
the dispute in the mediation process shall be
set forth in a written mediation agreement.
``(vii) Discussions that occur during the
mediation process shall be confidential and may
not be used as evidence in any subsequent due
process hearings or civil proceedings and the
parties to the mediation process may be
required to sign a confidentiality pledge prior
to the commencement of such process.
``(2) Voluntary binding arbitration.--
``(A) In general.--A State educational agency that
receives assistance under this part shall ensure that
procedures are established and implemented to allow
parties to disputes involving any matter described in
subsection (b)(6) to resolve such disputes through
voluntary binding arbitration, which shall be available
when a hearing is requested under subsection (f) or
(j).
``(B) Requirements.--Such procedures shall meet the
following requirements:
``(i) The procedures shall ensure that the
voluntary binding arbitration process--
``(I) is voluntarily and knowingly
agreed to in writing by the parties;
and
``(II) is conducted by a qualified
and impartial arbitrator.
``(ii) A local educational agency or a State
agency shall ensure that parents who choose to
use voluntary binding arbitration understand
that the process is in lieu of a due process
hearing under subsection (f) or (j) and that
the decision made by the arbitrator is final,
unless there is fraud by a party or the
arbitrator or misconduct on the part of the
arbitrator.
``(iii) The parties shall jointly agree to
use an arbitrator from a list that the State
shall maintain of individuals who are qualified
arbitrators and knowledgeable in laws and
regulations relating to the provision of
special education and related services.
``(iv) The arbitration shall be conducted
according to State law on arbitration or, if
there is no such applicable State law, in a
manner consistent with the Revised Uniform
Arbitration Act.
``(v) The voluntary binding arbitration shall
be scheduled in a timely manner and shall be
held in a location that is convenient to the
parties to the dispute.''.
(f) Impartial Due Process Hearing.--Section 615(f) of the Individuals
with Disabilities Education Act (20 U.S.C. 1415(f)) is amended to read
as follows:
``(f) Impartial Due Process Hearing.--
``(1) In general.--
``(A) Access to hearing.--Whenever a complaint has
been received under subsection (b)(6) or (j) of this
section, the parents or the local educational agency
involved in such complaint shall have an opportunity
for an impartial due process hearing, which shall be
conducted by the State educational agency.
``(B) Resolution session.--
``(i) In general.--Prior to the opportunity
for an impartial due process hearing under
subparagraph (A), the local educational agency
shall convene a meeting with the parents--
``(I) within 15 days of receiving
notice of the parents' complaint; and
``(II) where the parents of the child
discuss their complaint, and the
specific issues that form the basis of
the complaint, and the local
educational agency is provided the
opportunity to resolve the complaint;
unless the parents and the local educational
agency agree in writing to waive such meeting.
``(ii) Due process hearing.--If the local
educational agency has not resolved the
complaint to the satisfaction of the parents
within 30 days of the receipt of the complaint,
the due process hearing shall occur in
accordance with subparagraph (A).
``(iii) Definition of meeting.--A meeting
conducted pursuant to clause (i) shall not be
considered--
``(I) a meeting convened as a result
of an administrative hearing or
judicial action; or
``(II) an administrative hearing or
judicial action for purposes of
subsection (h)(3).
``(2) Disclosure of evaluations and recommendations.--
``(A) In general.--At least 5 business days prior to
a hearing conducted pursuant to paragraph (1), each
party shall disclose to all other parties all
evaluations completed by that date and recommendations
based on the offering party's evaluations that the
party intends to use at the hearing.
``(B) Failure to disclose.--A hearing officer may bar
any party that fails to comply with subparagraph (A)
from introducing the relevant evaluation or
recommendation at the hearing without the consent of
the other party.
``(3) Limitation on hearing.--
``(A) Hearing officer.--A hearing conducted pursuant
to paragraph (1)(A) may not be conducted by--
``(i) an employee of the State educational
agency or the local educational agency involved
in the education or care of the child; or
``(ii) any person having a personal or
professional interest that would conflict with
his or her objectivity in the hearing.
``(B) Subject matter of hearing.--The parents of the
child shall not be allowed to raise issues at the due
process hearing that were not raised in the complaint
or discussed during the meeting conducted pursuant to
subparagraph (1)(B), unless the local educational
agency agrees otherwise.
``(C) Decision of hearing officer.--A decision made
by a hearing officer must be based on a determination
of whether or not the child received a free appropriate
public education.''.
(g) Appeal.--Section 615 of the Individuals with Disabilities
Education Act (20 U.S.C. 1415) is amended by striking subsection (g).
(h) Safeguards.--Section 615 of the Individuals with Disabilities
Education Act (20 U.S.C. 1415) is amended--
(1) by redesignating subsection (h) as subsection (g); and
(2) by amending subsection (g) (as redesignated) to read as
follows:
``(g) Safeguards.--Any party to a hearing conducted pursuant to
subsection (f) or (j) shall be accorded--
``(1) the right to be represented by counsel and by non-
attorney advocates and to be accompanied and advised by
individuals with special knowledge or training with respect to
the problems of children with disabilities;
``(2) the right to present evidence and confront, cross-
examine, and compel the attendance of witnesses;
``(3) the right to a written, or, at the option of the
parents, electronic verbatim record of such hearing; and
``(4) the right to written, or, at the option of the parents,
electronic findings of fact and decisions (which findings and
decisions shall be made available to the public consistent with
the requirements of section 617(d)) (relating to the
confidentiality of data, information, and records).''.
(i) Administrative Procedures.--Section 615 of the Individuals with
Disabilities Education Act (20 U.S.C. 1415) is amended--
(1) by redesignating subsection (i) as subsection (h); and
(2) in subsection (h) (as redesignated)--
(A) in paragraph (1)--
(i) by striking ``In general.--'' and all
that follows through ``A decision made in a
hearing'' and inserting ``In general.--A
decision made in a hearing'';
(ii) by striking ``(k)'' and inserting
``(j)'';
(iii) by striking ``subsection (g) and''; and
(iv) by striking subparagraph (B);
(B) in paragraph (2)(A), by striking ``subsection (f)
or (k) who does not have the right to an appeal under
subsection (g)'' and inserting ``subsection (f) or
(j)''; and
(C) in paragraph (3), by amending subparagraph (C) to
read as follows:
``(C) Determination of amount of attorneys' fees.--
``(i) In general.--Fees awarded under this
paragraph shall be based on rates determined by
the Governor of the State (or other appropriate
State official) in which the action or
proceeding arose for the kind and quality of
services furnished. No bonus or multiplier may
be used in calculating the fees awarded under
this subsection.
``(ii) Notice.--The Governor of the State (or
other appropriate State official) shall make
available to the public on an annual basis the
rates described in clause (i).''.
(j) Maintenance of Current Educational Placement.--Section 615 of the
Individuals with Disabilities Education Act (20 U.S.C. 1415) is
amended--
(1) by redesignating subsection (j) as subsection (i); and
(2) by amending subsection (i) (as redesignated) to read as
follows:
``(i) Maintenance of Current Educational Placement.--Except as
provided in subsection (j)(4), during the pendency of any proceedings
conducted pursuant to this section, unless the State or local
educational agency and the parents otherwise agree, the child shall
remain in the then-current educational placement of such child, or, if
applying for initial admission to a public school, shall, with the
consent of the parents, be placed in the public school program until
all such proceedings have been completed.''.
(k) Placement in Alternative Educational Setting.--Section 615 of the
Individuals with Disabilities Education Act (20 U.S.C. 1415) is
amended--
(1) by redesignating subsection (k) as subsection (j); and
(2) by amending subsection (j) (as redesignated) to read as
follows:
``(j) Placement in Alternative Educational Setting.--
``(1) Authority of school personnel.--
``(A) In general.--School personnel under this
section may order a change in the placement of a child
with a disability who violates a code of student
conduct policy to an appropriate interim alternative
educational setting, another setting, or suspension,
for not more than 10 school days (to the extent such
alternatives would be applied to children without
disabilities).
``(B) Additional authority.--Subject to subparagraph
(C), and notwithstanding any other provision of this
Act, school personnel under this section may order a
change in the placement of a child with a disability
who violates a code of student conduct policy to an
appropriate interim alternative educational setting
selected so as to enable the child to continue to
participate in the general education curriculum,
although in another setting, and to progress toward
meeting the goals set out in the child's IEP, for not
more than 45 school days (to the extent such
alternative and such duration would be applied to
children without disabilities, and which may include
consideration of unique circumstances on a case-by-case
basis), except that the change in placement may last
beyond 45 school days if required by State law or
regulation for the violation in question, to ensure the
safety and appropriate educational atmosphere in the
schools under the jurisdiction of the local educational
agency.
``(C) Services.--A child with a disability who is
removed from the child's current placement under
subparagraph (B) shall--
``(i) continue to receive educational
services selected so as to enable the child to
continue to participate in the general
education curriculum, although in another
setting, and to progress toward meeting the
goals set out in the child's IEP; and
``(ii) continue to receive behavioral
intervention services designed to address the
behavior violation so that it does not recur.
``(2) Determination of setting.--The alternative educational
setting described in paragraph (1)(B) shall be determined by
the IEP Team.
``(3) Parent appeal.--
``(A) In general.--If the parent of a child with a
disability disagrees with any decision regarding
placement or punishment under this section, the parent
may request a hearing.
``(B) Authority of hearing officer.--If a parent of a
child with a disability disagrees with a decision
regarding placement of the child or punishment of the
child under this section, including duration of the
punishment, the hearing officer may determine whether
the decision regarding such action was appropriate.
``(4) Placement during appeals.--When a parent requests a
hearing regarding a disciplinary action described in paragraph
(1)(B) to challenge the interim alternative educational setting
or the violation of the code of student conduct policy, the
child shall remain in the interim alternative educational
setting pending the decision of the hearing officer or until
the expiration of the time period provided for in paragraph
(1)(B), whichever occurs first, unless the parent and the State
or local educational agency agree otherwise.
``(5) Protections for children not yet eligible for special
education and related services.--
``(A) In general.--A child who has not been
determined to be eligible for special education and
related services under this part and who has engaged in
behavior that violates a code of student conduct
policy, may assert any of the protections provided for
in this part if the local educational agency had
knowledge (as determined in accordance with this
paragraph) that the child was a child with a disability
before the behavior that precipitated the disciplinary
action occurred.
``(B) Basis of knowledge.--A local educational agency
shall be deemed to have knowledge that a child is a
child with a disability if, before the behavior that
precipitated the disciplinary action occurred--
``(i) the parent of the child has expressed
concern in writing (unless the parent is
illiterate or has a disability that prevents
compliance with the requirements contained in
this clause) to personnel of the appropriate
educational agency that the child is in need of
special education and related services;
``(ii) the parent of the child has requested
an evaluation of the child pursuant to section
614; or
``(iii) the teacher of the child, or other
personnel of the local educational agency, has
expressed concern in writing about the behavior
or performance of the child to the director of
special education of such agency or to other
personnel of the agency.
``(C) Conditions that apply if no basis of
knowledge.--
``(i) In general.--If a local educational
agency does not have knowledge that a child is
a child with a disability (in accordance with
subparagraph (B)) prior to taking disciplinary
measures against the child, the child may be
subjected to disciplinary measures applied to
children without disabilities who engaged in
comparable behaviors consistent with clause
(ii).
``(ii) Limitations.--If a request is made for
an evaluation of a child during the time period
in which the child is subjected to disciplinary
measures under paragraph (1) or (2), the
evaluation shall be conducted in an expedited
manner. If the child is determined to be a
child with a disability, taking into
consideration information from the evaluation
conducted by the agency and information
provided by the parents, the agency shall
provide special education and related services
in accordance with this part, except that,
pending the results of the evaluation, the
child shall remain in the educational placement
determined by school authorities.
``(6) Referral to and action by law enforcement and judicial
authorities.--
``(A) In general.--Nothing in this part shall be
construed to prohibit an agency from reporting a crime
committed by a child with a disability to appropriate
authorities or to prevent State law enforcement and
judicial authorities from exercising their
responsibilities with regard to the application of
Federal and State law to crimes committed by a child
with a disability.
``(B) Transmission of records.--An agency reporting a
crime committed by a child with a disability shall
ensure that copies of the special education and
disciplinary records of the child are transmitted for
consideration by the appropriate authorities to whom it
reports the crime.''.
(l) Rule of Construction.--Section 615 of the Individuals with
Disabilities Education Act (20 U.S.C. 1415) is amended by redesignating
subsection (l) as subsection (k).
(m) Transfer of Parental Rights at Age of Majority.--Section 615 of
the Individuals with Disabilities Education Act (20 U.S.C. 1415) is
amended--
(1) by redesignating subsection (m) as subsection (l); and
(2) by amending subsection (l) (as redesignated) to read as
follows:
``(l) Transfer of Parental Rights at Age of Majority.--
``(1) In general.--A State that receives amounts from a grant
under this part may provide that, when a child with a
disability reaches the age of majority under State law (except
for a child with a disability who has been determined to be
incompetent under State law)--
``(A) the public agency shall provide any notice
required by this section to both the individual and the
parents;
``(B) all other rights accorded to parents under this
part transfer to the child;
``(C) the agency shall notify the individual and the
parents of the transfer of rights; and
``(D) all rights accorded to parents under this part
transfer to children who are incarcerated in an adult
or juvenile Federal, State, or local correctional
institution.
``(2) Special rule.--If, under State law, a child with a
disability who has reached the age of majority under State law,
who has not been determined to be incompetent, but who is
determined not to have the ability to provide informed consent
with respect to the educational program of the child, the State
shall establish procedures for appointing the parent of the
child, or if the parent is not available, another appropriate
individual, to represent the educational interests of the child
throughout the period of eligibility of the child under this
part.''.
SEC. 206. MONITORING, ENFORCEMENT, WITHHOLDING, AND JUDICIAL REVIEW.
Section 616 of the Individuals with Disabilities Education Act (20
U.S.C. 1416) is amended--
(1) by amending the heading to read as follows:
``SEC. 616. MONITORING, ENFORCEMENT, WITHHOLDING, AND JUDICIAL
REVIEW.'';
(2) by redesignating subsections (a) through (c) as
subsections (e) through (g), respectively; and
(3) by inserting before subsection (e) (as redesignated) the
following:
``(a) Federal Monitoring.--
``(1) In general.--The Secretary shall monitor implementation
of this Act.
``(2) Focused monitoring.--The primary focus of Federal
monitoring activities shall be to improve educational results
for all children with disabilities, while ensuring compliance
with program requirements, with a particular emphasis on those
requirements that are most closely related to improving
educational results for children with disabilities.
``(b) Indicators.--
``(1) Required indicators.--The Secretary shall examine
relevant information and data related to States' progress on
improving educational results for children with disabilities by
reviewing--
``(A) achievement results of children with
disabilities on State or district assessments,
including children with disabilities taking State or
district assessments with appropriate accommodations;
``(B) achievement results of children with
disabilities on State or district alternate
assessments;
``(C) graduation rates of children with disabilities
and graduation rates of children with disabilities as
compared to graduation rates of nondisabled children;
and
``(D) dropout rates for children with disabilities
and dropout rates of children with disabilities as
compared to dropout rates of nondisabled children.
``(2) Permissive indicators.--The Secretary also may
establish other priorities for review of relevant information
and data, including data provided by States under section 618,
and also including the following:
``(A) Priorities for this part.--The Secretary may
give priority to monitoring on the following areas
under this part:
``(i) Provision of educational services in
the least restrictive environment, including--
``(I) education of children with
disabilities with nondisabled peers to
the maximum extent appropriate;
``(II) provision of appropriate
special education and related services;
``(III) access to the general
curriculum with appropriate
accommodations;
``(IV) provision of appropriate
services to students whose behavior
impedes learning; and
``(V) participation and performance
of children with disabilities on State
and local assessments, including
alternate assessments.
``(ii) Secondary transition, including the
extent to which youth exiting special education
are prepared for post-secondary education,
employment, and adult life, and are
participants in appropriate transition planning
while in school.
``(iii) State exercise of general supervisory
authority, including effective monitoring and
use of complaint resolution, mediation, and
voluntary binding arbitration.
``(B) Priorities for part c.--The Secretary may give
priority to monitoring on the following areas under
part C:
``(i) Child find and public awareness to
support the identification, evaluation and
assessment of all eligible infants and
toddlers, including the provision of culturally
relevant materials to inform and promote
referral.
``(ii) Provision of early intervention
services in natural environments, evaluation
and assessment to identify child needs and
family needs related to enhancing the
development of the child, and provision of
appropriate early intervention services in
natural environments to meet the needs of
individual children.
``(iii) Effective early childhood transition
to services under this part.
``(iv) State exercise of general supervisory
authority, including--
``(I) effective monitoring and use of
other mechanisms such as complaint
resolution;
``(II) implementation of mediation
and voluntary binding arbitration; and
``(III) coordination of parent and
child protections.
``(3) Data collection and analysis.--The Secretary shall
review the data collection and analysis capacity of States to
ensure that data and information is collected, analyzed, and
accurately reported to the Secretary. The Secretary may provide
technical assistance to improve the capacity of States to meet
data requirements.
``(c) Additional Priorities.--
``(1) In general.--The Secretary may develop additional
priorities for monitoring the effective implementation of this
Act.
``(2) Public comment.--The Secretary shall provide a public
comment period of at least 30 days on any additional priority
proposed under this part or part C.
``(3) Date of enforcement.--The Secretary may not begin to
enforce a new priority until one year from the date of
publication of the priority in the Federal Register as a final
rule.
``(d) Compliance.--
``(1) In general.--The Secretary shall review State data to
determine whether the State is in compliance with the
provisions of this Act.
``(2) Lack of progress.--If after examining data, as provided
in section (b) or (c), the Secretary determines that a State is
not making satisfactory progress in improving educational
results for children with disabilities, the Secretary shall
take one or more of the following actions:
``(A) Advise the State of available sources of
technical assistance that may help the State address
the lack of progress, which may include assistance from
the Office of Special Education Programs, other offices
of the Department of Education, other Federal agencies,
technical assistance providers approved by the
Secretary, and other federally funded nonprofit
agencies. Such technical assistance may include--
``(i) the provision of advice by experts to
address the areas of noncompliance, including
explicit plans for ensuring compliance within a
specified period of time;
``(ii) assistance in identifying and
implementing professional development,
instructional strategies, and methods of
instruction that are based on scientifically
based research;
``(iii) designating and using distinguished
superintendents, principals, special education
administrators, regular education teachers, and
special education teachers to provide advice,
technical assistance, and support; and
``(iv) devising additional approaches to
providing technical assistance, such as
collaborating with institutions of higher
education, educational service agencies,
national centers of technical assistance
supported under part D, and private providers
of scientifically based technical assistance.
``(B) Direct the use of State level funds for
technical assistance on the area or areas of
unsatisfactory performance.
``(C) Each year withhold at least 20 but no more than
50 percent of the State's funds under section 611(e),
after providing the State the opportunity to show cause
why the withholding should not occur, until the
Secretary determines that sufficient progress has been
made in improving educational results for children with
disabilities.
``(3) Substantial non-compliance.--
``(A) Initial determination.--When the Secretary
determines that a State is not in substantial
compliance with any provision of this part, the
Secretary shall take one or more of the following
actions:
``(i) Request that the State prepare a
corrective action plan or improvement plan if
the Secretary determines that the State should
be able to correct the problem within one year.
``(ii) Identify the State as a high-risk
grantee and impose special conditions on the
State's grant.
``(iii) Require the State to enter into a
compliance agreement under section 457 of the
General Education Provisions Act, if the
Secretary has reason to believe that the State
cannot correct the problem within one year.
``(iv) Recovery of funds under section 452 of
the General Education Provisions Act.
``(v)(I) Withholding of payments under
subsection (e).
``(II) Pending the outcome of any hearing to
withhold payments under subsection (e), the
Secretary may suspend payments to a recipient,
suspend the authority of the recipient to
obligate Federal funds, or both, after such
recipient has been given reasonable notice and
an opportunity to show cause why future
payments or authority to obligate Federal funds
should not be suspended.
``(B) Continued non-compliance.--
``(i) Secretarial action.--If the Secretary
has imposed special conditions on a grant under
subparagraph (A)(ii) for substantially the same
compliance problems for three consecutive
years, and at the end of the third year the
State has not demonstrated that the violation
has been corrected to the satisfaction of the
Secretary, the Secretary shall take such
additional enforcement actions as the Secretary
determines to be appropriate from among those
actions specified in clauses (iii) through (v)
of subparagraph (A).
``(ii) Report to Congress.--The Secretary
shall report to Congress within 30 days of
taking enforcement action pursuant to this
paragraph on the specific action taken and the
reasons why enforcement action was taken.''.
SEC. 207. ADMINISTRATION.
Section 617 of the Individuals with Disabilities Education Act (20
U.S.C. 1417) is amended to read as follows:
``SEC. 617. ADMINISTRATION.
``(a) Responsibilities of Secretary.--In carrying out this part, the
Secretary shall--
``(1) cooperate with, and (directly or by grant or contract)
furnish technical assistance necessary to, the State in matters
relating to--
``(A) the education of children with disabilities;
and
``(B) carrying out this part; and
``(2) provide short-term training programs and institutes.
``(b) Prohibition Against Federal Mandates, Direction, or Control.--
Nothing in this Act may 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, curriculum, or program of instruction.
``(c) Confidentiality.--The Secretary shall take appropriate action,
in accordance with section 444 of the General Education Provisions Act
(20 U.S.C. 1232g), to ensure the protection of the confidentiality of
any personally identifiable data, information, and records collected or
maintained by the Secretary and by State and local educational agencies
pursuant to this part.
``(d) Personnel.--The Secretary is authorized to hire qualified
personnel necessary to carry out the Secretary's duties under
subsection (a) and under sections 618 and 661 without regard to the
provisions of title 5, United States Code, 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 twenty such personnel
shall be employed at any time.
``(e) Pilot Program.--The Secretary is authorized to grant waivers of
paperwork requirements under this part for a period of time not to
exceed 4 years with respect to not more than 10 States based on
proposals submitted by States for addressing reduction of paperwork and
non-instructional time spent fulfilling statutory and regulatory
requirements.
``(f) Report.--The Secretary shall include in the annual report to
Congress under section 426 of the Department of Education Organization
Act information related to the effectiveness of waivers granted under
subsection (e)--
``(1) in reducing the paperwork burden on teachers,
administrators, and related services providers and non-
instructional time spent by teachers in complying with this
part, including any specific recommendations for broader
implementation; and
``(2) in enhancing longer-term educational planning,
improving positive outcomes for children with disabilities,
promoting collaboration between IEP Team members, and ensuring
satisfaction of family members, including any specific
recommendations for broader implementation.
``(g) Model Forms.--Not later than the date on which the Secretary
publishes final regulations to implement this part (as amended by the
Improving Education Results for Children With Disabilities Act of
2003), the Secretary shall publish and disseminate widely to States,
local educational agencies, and parent training and information
centers--
``(1) a model individualized education program form;
``(2) a model form for the procedural safeguards notice
described in section 615(d); and
``(3) a model form for the prior written notice described in
section 615(b)(3);
that would be consistent with the requirements of this part and be
deemed to be sufficient to meet such requirements.''.
SEC. 208. PROGRAM INFORMATION.
Section 618 of the Individuals with Disabilities Education Act (20
U.S.C. 1418) is amended to read as follows:
``SEC. 618. PROGRAM INFORMATION.
``(a) In General.--Each State and local educational agency that
receives assistance under this part, and the Secretary of the Interior,
shall provide data each year to the Secretary--
``(1)(A) on--
``(i) the number and percentage of children with
disabilities, by race, ethnicity, and disability
category, who are receiving a free appropriate public
education;
``(ii) the number and percentage of children with
disabilities, by race and ethnicity, who are receiving
early intervention services;
``(iii) the number and percentage of children with
disabilities, by race, ethnicity, and disability
category, who are participating in regular education;
``(iv) the number and percentage of children with
disabilities, by race, ethnicity, and disability
category, who are in separate classes, separate schools
or facilities, or public or private residential
facilities;
``(v) the number and percentage of children with
disabilities, by race and ethnicity, and disability
category who begin secondary school and graduate with a
regular high school diploma, through the age of 21;
``(vi) the number and percentage of children with
disabilities, by race, ethnicity, and disability
category, who, for each year of age from age 14 to 21,
stopped receiving special education and related
services because of program completion or other reasons
and the reasons why those children stopped receiving
special education and related services;
``(vii) the number and percentage of children with
disabilities, by race and ethnicity, who, from birth
through age 2, stopped receiving early intervention
services because of program completion or for other
reasons;
``(viii)(I) the number and percentage of children
with disabilities, by race, ethnicity, and disability
category, who under subparagraph (A) or (B) of section
615(j)(1), are removed to an interim alternative
educational setting;
``(II) the acts or items precipitating those
removals;
``(III) the number of children with disabilities, by
race, ethnicity, and disability category, who are
subject to long-term suspensions or expulsions; and
``(IV) the incidence, duration, and type of
disciplinary actions, by race and ethnicity, including
suspension and expulsions;
``(ix) the number of complaints resolved through
voluntary binding arbitration; and
``(x) the number of mediations held and the number of
settlement agreements reached through mediation;
``(B) on the number and percentage of infants and toddlers,
by race and ethnicity, who are at risk of having substantial
developmental delays (as defined in section 632), and who are
receiving early intervention services under part C; and
``(C) on the number of children served with funds under
section 613(f); and
``(2) on any other information that may be required by the
Secretary.
``(b) Sampling.--The Secretary may permit States and the Secretary of
the Interior to obtain the data described in subsection (a) through
sampling.
``(c) Disproportionality.--
``(1) In general.--Each State that receives assistance under
this part, and the Secretary of the Interior, shall provide for
the collection and examination of data to determine if
significant disproportionality based on race and ethnicity is
occurring in the State and the local educational agencies of
the State with respect to--
``(A) the identification of children as children with
disabilities, including the identification of children
as children with disabilities in accordance with a
particular impairment described in section 602(3);
``(B) the placement in particular educational
settings of such children; and
``(C) the incidence, duration, and type of
disciplinary actions, including suspensions and
expulsions.
``(2) Review and revision of policies, practices, and
procedures.--In the case of a determination of significant
disproportionality with respect to the identification of
children as children with disabilities, or the placement in
particular educational settings of such children, in accordance
with paragraph (1), the State or the Secretary of the Interior,
as the case may be--
``(A) shall provide for the review and, if
appropriate, revision of the policies, procedures, and
practices used in such identification or placement to
ensure that such policies, procedures, and practices
comply with the requirements of this Act;
``(B) shall require any local educational agency
identified under paragraph (1) to reserve the maximum
amount of funds under section 613(f) to provide
comprehensive coordinated prereferral support services
to serve children in the local educational agency,
particularly children in those groups that were
significantly overidentified under paragraph (1); and
``(C) shall require the local educational agency to
publicly report on the revision of policies, practices,
and procedures described under subparagraph (A).''.
SEC. 209. PRESCHOOL GRANTS.
Section 619 of the Individuals with Disabilities Education Act (20
U.S.C. 1419) is amended to read as follows:
``SEC. 619. PRESCHOOL GRANTS.
``(a) In General.--The Secretary shall provide grants under this
section to assist States to provide special education and related
services, in accordance with this part--
``(1) to children with disabilities aged 3 through 5,
inclusive; and
``(2) at the State's discretion, to 2-year-old children with
disabilities who will turn 3 during the school year.
``(b) Eligibility.--A State shall be eligible for a grant under this
section if such State--
``(1) is eligible under section 612 to receive a grant under
this part; and
``(2) makes a free appropriate public education available to
all children with disabilities, aged 3 through 5, residing in
the State.
``(c) Allocations to States.--
``(1) In general.--The Secretary shall allocate funds among
the States in accordance with paragraph (2) or (3), as
appropriate.
``(2) Increase in funds.--If the amount available for
allocations to States under paragraph (1) is equal to or
greater than the amount allocated to the States under this
section for the preceding fiscal year, those allocations shall
be calculated as follows:
``(A)(i) Except as provided in subparagraph (B), the
Secretary shall--
``(I) allocate to each State the amount it
received for fiscal year 1997;
``(II) allocate 85 percent of any remaining
funds to States on the basis of their relative
populations of children aged 3 through 5; and
``(III) allocate 15 percent of those
remaining funds to States on the basis of their
relative populations of all children aged 3
through 5 who are living in poverty.
``(ii) For the purpose of making grants under this
paragraph, the Secretary shall use the most recent
population data, including data on children living in
poverty, that are available and satisfactory to the
Secretary.
``(B) Notwithstanding subparagraph (A), allocations
under this paragraph shall be subject to the following:
``(i) No State's allocation shall be less
than its allocation for the preceding fiscal
year.
``(ii) No State's allocation shall be less
than the greatest of--
``(I) the sum of--
``(aa) the amount it received
for fiscal year 1997; and
``(bb) one third of one
percent of the amount by which
the amount appropriated under
subsection (j) exceeds the
amount appropriated under this
section for fiscal year 1997;
``(II) the sum of--
``(aa) the amount it received
for the preceding fiscal year;
and
``(bb) that amount multiplied
by the percentage by which the
increase in the funds
appropriated from the preceding
fiscal year exceeds 1.5
percent; or
``(III) the sum of--
``(aa) the amount it received
for the preceding fiscal year;
and
``(bb) that amount multiplied
by 90 percent of the percentage
increase in the amount
appropriated from the preceding
fiscal year.
``(iii) Notwithstanding clause (ii), no
State's allocation under this paragraph shall
exceed the sum of--
``(I) the amount it received for the
preceding fiscal year; and
``(II) that amount multiplied by the
sum of 1.5 percent and the percentage
increase in the amount appropriated.
``(C) If the amount available for allocations under
this paragraph is insufficient to pay those allocations
in full, those allocations shall be ratably reduced,
subject to subparagraph (B)(i).
``(3) Decrease in funds.--If the amount available for
allocations to States under paragraph (1) is less than the
amount allocated to the States under this section for the
preceding fiscal year, those allocations shall be calculated as
follows:
``(A) If the amount available for allocations is
greater than the amount allocated to the States for
fiscal year 1997, each State shall be allocated the sum
of--
``(i) the amount it received for fiscal year
1997; and
``(ii) an amount that bears the same relation
to any remaining funds as the increase the
State received for the preceding fiscal year
over fiscal year 1997 bears to the total of all
such increases for all States.
``(B) If the amount available for allocations is
equal to or less than the amount allocated to the
States for fiscal year 1997, each State shall be
allocated the amount it received for that year, ratably
reduced, if necessary.
``(d) Reservation for State Activities.--
``(1) In general.--Each State may retain not more than the
amount described in paragraph (2) for administration and other
State-level activities in accordance with subsections (e) and
(f).
``(2) Amount described.--For each fiscal year, the Secretary
shall determine and report to the State educational agency an
amount that is 25 percent of the amount the State received
under this section for fiscal year 1997, cumulatively adjusted
by the Secretary for each succeeding fiscal year by the lesser
of--
``(A) the percentage increase, if any, from the
preceding fiscal year in the State's allocation under
this section; or
``(B) the percentage increase, if any, from the
preceding fiscal year in the Consumer Price Index For
All Urban Consumers published by the Bureau of Labor
Statistics of the Department of Labor.
``(e) State Administration.--
``(1) In general.--For the purpose of administering this
section (including the coordination of activities under this
part with, and providing technical assistance to, other
programs that provide services to children with disabilities) a
State may use not more than 20 percent of the maximum amount it
may retain under subsection (d) for any fiscal year.
``(2) Administration of part c.--Funds described in paragraph
(1) may also be used for the administration of part C of this
Act, if the State educational agency is the lead agency for the
State under that part.
``(f) Other State-Level Activities.--Each State shall use any funds
it retains under subsection (d) and does not use for administration
under subsection (e)--
``(1) for support services (including establishing and
implementing the mediation and voluntary binding arbitration
process required by section 615(e)), which may benefit children
with disabilities younger than 3 or older than 5 as long as
those services also benefit children with disabilities aged 3
through 5;
``(2) for direct services for children eligible for services
under this section;
``(3) for activities at the State and local levels to meet
the performance goals established by the State under section
612(a)(16) and to support implementation of the State plan
under subpart 1 of part D if the State receives funds under
that subpart; or
``(4) to supplement other funds used to develop and implement
a Statewide coordinated services system designed to improve
results for children and families, including children with
disabilities and their families, but not to exceed one percent
of the amount received by the State under this section for a
fiscal year.
``(g) Subgrants to Local Educational Agencies.--
``(1) Subgrants required.--Each State that receives a grant
under this section for any fiscal year shall distribute all of
the grant funds that it does not reserve under subsection (d)
to local educational agencies in the State that have
established their eligibility under section 613, as follows:
``(A) Base payments.--The State shall first award
each agency described in paragraph (1) the amount that
agency would have received under this section for
fiscal year 1997 if the State had distributed 75
percent of its grant for that year under section
619(c)(3), as then in effect.
``(B) Allocation of remaining funds.--After making
allocations under subparagraph (A), the State shall--
``(i) allocate 85 percent of any remaining
funds to those agencies on the basis of the
relative numbers of children enrolled in public
and private elementary and secondary schools
within the agency's jurisdiction; and
``(ii) allocate 15 percent of those remaining
funds to those agencies in accordance with
their relative numbers of children living in
poverty, as determined by the State educational
agency.
``(2) Reallocation of funds.--If a State educational agency
determines that a local educational agency is adequately
providing a free appropriate public education to all children
with disabilities aged 3 through 5 residing in the area served
by that agency with State and local funds, the State
educational agency may reallocate any portion of the funds
under this section that are not needed by that local agency to
provide a free appropriate public education to other local
educational agencies in the State that are not adequately
providing special education and related services to all
children with disabilities aged 3 through 5 residing in the
areas they serve.
``(h) Part C Inapplicable.--Part C of this Act does not apply to any
child with a disability receiving a free appropriate public education,
in accordance with this part, with funds received under this section.
``(i) Definition.--For the purpose of this section, the term `State'
means each of the 50 States, the District of Columbia, and the
Commonwealth of Puerto Rico.
``(j) Authorization of Appropriations.--For the purpose of carrying
out this section, there are authorized to be appropriated to the
Secretary $500,000,000 for fiscal year 2004 and such sums as may be
necessary for each subsequent fiscal year.''.
TITLE III--INFANTS AND TODDLERS WITH DISABILITIES
SEC. 301. SECTIONS 631 THROUGH 638 OF THE INDIVIDUALS WITH DISABILITIES
EDUCATION ACT.
Sections 631 through 638 of the Individuals with Disabilities
Education Act (20 U.S.C. 1431-1438) are amended to read as follows:
``SEC. 631. FINDINGS AND POLICY.
``(a) Findings.--The Congress finds that there is an urgent and
substantial need--
``(1) to enhance the development of infants and toddlers with
disabilities and to minimize their potential for developmental
delay;
``(2) to reduce the educational costs to our society,
including our Nation's schools, by minimizing the need for
special education and related services after infants and
toddlers with disabilities reach school age;
``(3) to minimize the likelihood of institutionalization of
individuals with disabilities and maximize the potential for
their independently living in society;
``(4) to enhance the capacity of families to meet the special
needs of their infants and toddlers with disabilities; and
``(5) to enhance the capacity of State and local agencies and
service providers to identify, evaluate, and meet the needs of
historically underrepresented populations, particularly
minority, low-income, inner-city, and rural populations.
``(b) Policy.--It is the policy of the United States to provide
financial assistance to States--
``(1) to develop and implement a statewide, comprehensive,
coordinated, multidisciplinary, interagency system that
provides early intervention services for infants and toddlers
with disabilities and their families;
``(2) to facilitate the coordination of payment for early
intervention services from Federal, State, local, and private
sources (including public and private insurance coverage);
``(3) to enhance their capacity to provide quality early
intervention services and expand and improve existing early
intervention services being provided to infants and toddlers
with disabilities and their families; and
``(4) to encourage States to expand opportunities for
children under 3 years of age who would be at risk of having
substantial developmental delay if they did not receive early
intervention services.
``SEC. 632. DEFINITIONS.
``As used in this part:
``(1) At-risk infant or toddler.--The term `at-risk infant or
toddler' means an individual under 3 years of age who would be
at risk of experiencing a substantial developmental delay if
early intervention services were not provided to the
individual.
``(2) Council.--The term `council' means a State interagency
coordinating council established under section 641.
``(3) Developmental delay.--The term `developmental delay',
when used with respect to an individual residing in a State,
has the meaning given such term by the State under section
635(a)(1).
``(4) Early intervention services.--The term `early
intervention services' means developmental services that--
``(A) are provided under public supervision;
``(B) are provided at no cost except where Federal or
State law provides for a system of payments by
families, including a schedule of sliding fees;
``(C) are designed to address family-identified
priorities and concerns that are determined by
individualized family service plan team to relate to
enhancing the child's development in any one or more of
the following areas--
``(i) physical development;
``(ii) cognitive development;
``(iii) communication development;
``(iv) social or emotional development; or
``(v) adaptive development;
``(D) meet the standards of the State in which they
are provided, including the requirements of this part;
``(E) include--
``(i) family training, family therapy,
counseling, and home visits;
``(ii) special instruction;
``(iii) speech-language pathology and
audiology services;
``(iv) occupational therapy;
``(v) physical therapy;
``(vi) psychological services;
``(vii) service coordination services;
``(viii) medical services only for diagnostic
or evaluation purposes;
``(ix) early identification, screening, and
assessment services;
``(x) health services necessary to enable the
infant or toddler to benefit from the other
early intervention services;
``(xi) social work services;
``(xii) vision services;
``(xiii) assistive technology devices and
assistive technology services; and
``(xiv) transportation and related costs that
are necessary to enable an infant or toddler
and the infant's or toddler 's family to
receive another service described in this
paragraph;
``(F) are provided by qualified personnel,
including--
``(i) special educators;
``(ii) speech-language pathologists and
audiologists;
``(iii) occupational therapists;
``(iv) physical therapists;
``(v) psychologists;
``(vi) social workers;
``(vii) nurses;
``(viii) registered dietitians;
``(ix) family therapists;
``(x) vision specialists, including
ophthalmologists and optometrists;
``(xi) orientation and mobility specialists;
and
``(xii) pediatricians and other physicians;
``(G) to the maximum extent appropriate, are provided
in natural environments, including the home, and
community settings in which children without
disabilities participate; and
``(H) are provided in conformity with an
individualized family service plan adopted in
accordance with section 636.
``(5) Infant or toddler with a disability.--The term `infant
or toddler with a disability '--
``(A) means an individual under 3 years of age who
needs early intervention services because the
individual--
``(i) is experiencing developmental delays,
as measured by appropriate diagnostic
instruments and procedures in one or more of
the areas of cognitive development, physical
development, communication development, social
or emotional development, and adaptive
development; or
``(ii) has a diagnosed physical or mental
condition which has a high probability of
resulting in developmental delay;
``(B) may also include, at a State's discretion, at-
risk infants and toddlers; and
``(C) may also include, at a State's discretion, a
child aged 3 through 5, who previously received
services under this part and who is eligible for
services under section 619, if--
``(i) services provided to this age group
under this part include an educational
component that promotes school readiness and
incorporates scientifically based pre-literacy,
language, and numeracy skills; and
``(ii) parents are provided a written
notification of their rights and
responsibilities in determining whether their
child will continue to receive services under
this part or participate in preschool programs
assisted under section 619.
``SEC. 633. GENERAL AUTHORITY.
``The Secretary shall, in accordance with this part, make grants to
States (from their allotments under section 643) to assist each State
to maintain and implement a statewide, comprehensive, coordinated,
multidisciplinary, interagency system to provide early intervention
services for infants and toddlers with disabilities and their families.
``SEC. 634. ELIGIBILITY.
``In order to be eligible for a grant under section 633, a State
shall provide assurances to the Secretary that the State--
``(1) has adopted a policy that appropriate early
intervention services are available to all infants and toddlers
with disabilities in the State and their families, including
Indian infants and toddlers with disabilities and their
families residing on a reservation geographically located in
the State; and
``(2) has in effect a statewide system that meets the
requirements of section 635.
``SEC. 635. REQUIREMENTS FOR STATEWIDE SYSTEM.
``(a) In General.--A statewide system described in section 633 shall
include, at a minimum, the following components:
``(1) A definition of the term `developmental delay' that
will be used by the State in carrying out programs under this
part.
``(2) A State policy that is in effect and that ensures that
appropriate early intervention services based on scientifically
based research are available to all infants and toddlers with
disabilities and their families, including Indian infants and
toddlers and their families residing on a reservation
geographically located in the State.
``(3) A timely, comprehensive, multidisciplinary evaluation
of the functioning of each infant or toddler with a disability
in the State, and a family-directed identification of the needs
of each family of such an infant or toddler, to appropriately
assist in the development of the infant or toddler.
``(4) For each infant or toddler with a disability in the
State, an individualized family service plan in accordance with
section 636, including service coordination services in
accordance with such service plan.
``(5) A comprehensive child find system, consistent with part
B, including a system for making referrals to service providers
that includes timelines and provides for participation by
primary referral sources.
``(6) A public awareness program focusing on early
identification of infants and toddlers with disabilities,
including the preparation and dissemination by the lead agency
designated or established under paragraph (10) to all primary
referral sources, especially hospitals and physicians, of
information to be given to parents, especially to inform
parents with premature infants, or infants with other physical
risk factors associated with learning or developmental
complications, on the availability of early intervention
services under this part and of services under section 619 of
this Act, and procedures for assisting such sources in
disseminating such information to parents of infants and
toddlers.
``(7) A central directory that includes information on early
intervention services, resources, and experts available in the
State and research and demonstration projects being conducted
in the State.
``(8) A comprehensive system of personnel development,
including the training of paraprofessionals and the training of
primary referral sources respecting the basic components of
early intervention services available in the State that--
``(A) shall include--
``(i) implementing innovative strategies and
activities for the recruitment and retention of
early education service providers;
``(ii) promoting the preparation of early
intervention providers who are fully and
appropriately qualified to provide early
intervention services under this part; and
``(iii) training personnel to coordinate
transition services for infants and toddlers
served under this part from a program providing
early intervention services under this part and
under part B (other than section 619), to a
preschool program receiving funds under section
619, or another appropriate program; and
``(B) may include--
``(i) training personnel to work in rural and
inner-city areas; and
``(ii) training personnel in the emotional
and social development of young children.
``(9) Subject to subsection (b), policies and procedures
relating to the establishment and maintenance of standards to
ensure that personnel necessary to carry out this part are
appropriately and adequately prepared and trained, including
the establishment and maintenance of standards that are
consistent with any State-approved or recognized certification,
licensing, registration, or other comparable requirements that
apply to the area in which such personnel are providing early
intervention services.
``(10) A single line of responsibility in a lead agency
designated or established by the Governor for carrying out--
``(A) the general administration and supervision of
programs and activities receiving assistance under
section 633, and the monitoring of programs and
activities used by the State to carry out this part,
whether or not such programs or activities are
receiving assistance made available under section 633,
to ensure that the State complies with this part;
``(B) the identification and coordination of all
available resources within the State from Federal,
State, local, and private sources;
``(C) the assignment of financial responsibility in
accordance with section 637(a)(2) to the appropriate
agencies;
``(D) the development of procedures to ensure that
services are provided to infants and toddlers with
disabilities and their families under this part in a
timely manner pending the resolution of any disputes
among public agencies or service providers;
``(E) the resolution of intra- and interagency
disputes; and
``(F) the entry into formal interagency agreements
that define the financial responsibility of each agency
for paying for early intervention services (consistent
with State law) and procedures for resolving disputes
and that include all additional components necessary to
ensure meaningful cooperation and coordination.
``(11) A policy pertaining to the contracting or making of
other arrangements with service providers to provide early
intervention services in the State, consistent with the
provisions of this part, including the contents of the
application used and the conditions of the contract or other
arrangements.
``(12) A procedure for securing timely reimbursements of
funds used under this part in accordance with section 640(a).
``(13) Procedural safeguards with respect to programs under
this part, as required by section 639.
``(14) A system for compiling data requested by the Secretary
under section 618 that relates to this part.
``(15) A State interagency coordinating council that meets
the requirements of section 641.
``(16) Policies and procedures to ensure that, consistent
with section 636(d)(5)--
``(A) to the maximum extent appropriate, early
intervention services are provided in natural
environments; and
``(B) the provision of early intervention services
for any infant or toddler occurs in a setting other
than a natural environment only when early intervention
cannot be achieved satisfactorily for the infant or
toddler in a natural environment.
``(b) Policy.--In implementing subsection (a)(9), a State may adopt a
policy that includes making ongoing good-faith efforts to recruit and
hire appropriately and adequately trained personnel to provide early
intervention services to infants and toddlers with disabilities,
including, in a geographic area of the State where there is a shortage
of such personnel, the most qualified individuals available who are
making satisfactory progress toward completing applicable course work
necessary to meet the standards described in subsection (a)(9),
consistent with State law within 3 years.
``(c) Treatment of Children Aged 3 through 5.--
``(1) In general.--If a State includes children described in
section 632(5)(C) in the system described in section 633, the
State shall be considered to have fulfilled any obligation
under part B with respect to the provision of a free
appropriate public education to those children during the
period in which they are receiving services under this part.
``(2) Construction.--Nothing in paragraph (1) shall be
construed to alter or diminish the rights and protections
afforded under this part to children described in such
paragraph.
``SEC. 636. INDIVIDUALIZED FAMILY SERVICE PLAN.
``(a) Assessment and Program Development.--A statewide system
described in section 633 shall provide, at a minimum, for each infant
or toddler with a disability, and the infant's or toddler's family, to
receive--
``(1) a multidisciplinary assessment of the unique strengths
and needs of the infant or toddler and the identification of
services appropriate to meet such needs;
``(2) a family-directed assessment of the resources,
priorities, and concerns of the family and the identification
of the supports and services necessary to enhance the family 's
capacity to meet the developmental needs of the infant or
toddler; and
``(3) a written individualized family service plan developed
by a multidisciplinary team, including the parents, as required
by subsection (e), including a description of the appropriate
transition services for the child's entrance in school.
``(b) Periodic Review.--The individualized family service plan shall
be evaluated once a year and the family shall be provided a review of
the plan at 6-month intervals (or more often where appropriate based on
infant or toddler and family needs).
``(c) Promptness After Assessment.--The individualized family service
plan shall be developed within a reasonable time after the assessment
required by subsection (a)(1) is completed. With the parents' consent,
early intervention services may commence prior to the completion of the
assessment.
``(d) Content of Plan.--The individualized family service plan shall
be in writing and contain--
``(1) a statement of the infant's or toddler 's present
levels of physical development, cognitive development,
communication development, social or emotional development, and
adaptive development, based on objective criteria;
``(2) a statement of the family 's resources, priorities, and
concerns relating to enhancing the development of the family 's
infant or toddler with a disability;
``(3) a statement of the major goals expected to be achieved
for the infant or toddler and the family, including pre-
literacy and language skills, as developmentally appropriate
for the child, and the criteria, procedures, and timelines used
to determine the degree to which progress toward achieving the
goals is being made and whether modifications or revisions of
the goals or services are necessary;
``(4) a statement of specific early intervention services
based on peer-reviewed research, to the extent practicable,
necessary to meet the unique needs of the infant or toddler and
the family, including the frequency, intensity, and method of
delivering services;
``(5) a statement of the natural environments in which early
intervention services will appropriately be provided, including
a justification of the extent, if any, to which the services
will not be provided in a natural environment;
``(6) the projected dates for initiation of services and the
anticipated length, duration, and frequency of the services;
``(7) the identification of the service coordinator from the
profession most immediately relevant to the infant's or
toddler's or family's needs (or who is otherwise qualified to
carry out all applicable responsibilities under this part) who
will be responsible for the implementation of the plan and
coordination with other agencies and persons, including
transition services; and
``(8) the steps to be taken to support the transition of the
toddler with a disability to preschool or other appropriate
services.
``(e) Parental Consent.--The contents of the individualized family
service plan shall be fully explained to the parents and informed
written consent from the parents shall be obtained prior to the
provision of early intervention services described in such plan. If the
parents do not provide consent with respect to a particular early
intervention service, then only the early intervention services to
which consent is obtained shall be provided.
``SEC. 637. STATE APPLICATION AND ASSURANCES.
``(a) Application.--A State desiring to receive a grant under section
633 shall submit an application to the Secretary at such time and in
such manner as the Secretary may reasonably require. The application
shall contain--
``(1) a designation of the lead agency in the State that will
be responsible for the administration of funds provided under
section 633;
``(2) a designation of an individual or entity responsible
for assigning financial responsibility among appropriate
agencies;
``(3) information demonstrating eligibility of the State
under section 634, including a description of services to be
provided to infants and toddlers with disabilities and their
families through the system;
``(4) if the State provides services to at-risk infants and
toddlers through the statewide system, a description of such
services;
``(5) a description of the State policies and procedures
requiring the referral of a child under the age 3 who is
involved in a substantiated case of child abuse or neglect
consistent with section 635(a)(5) or who is born and identified
with fetal alcohol effects, fetal alcohol syndrome, neonatal
intoxication, or neonatal physical or neurological harm
resulting from prenatal drug exposure;
``(6) a description of the uses for which funds will be
expended in accordance with this part;
``(7) a description of the procedure used to ensure that
resources are made available under this part for all geographic
areas within the State;
``(8) a description of State policies and procedures that
ensure that, prior to the adoption by the State of any other
policy or procedure necessary to meet the requirements of this
part, there are public hearings, adequate notice of the
hearings, and an opportunity for comment available to the
general public, including individuals with disabilities and
parents of infants and toddlers with disabilities;
``(9) a description of the policies and procedures to be
used--
``(A) to ensure a smooth transition for toddlers
receiving early intervention services under this part
to preschool or other appropriate services, including a
description of how--
``(i) the families of such toddlers will be
included in the transition plans required by
subparagraph (C); and
``(ii) the lead agency designated or
established under section 635(a)(10) will--
``(I) notify the local educational
agency for the area in which such a
child resides that the child will
shortly reach the age of eligibility
for preschool services under part B, as
determined in accordance with State
law;
``(II) in the case of a child who may
be eligible for such preschool
services, with the approval of the
family of the child, convene a
conference among the lead agency, the
family, and the local educational
agency at least 90 days (and at the
discretion of all such parties, up to 6
months) before the child is eligible
for the preschool services, to discuss
any such services that the child may
receive; and
``(III) in the case of a child who
may not be eligible for such preschool
services, with the approval of the
family, make reasonable efforts to
convene a conference among the lead
agency, the family, and providers of
other appropriate services for children
who are not eligible for preschool
services under part B, to discuss the
appropriate services that the child may
receive;
``(B) to review the child's program options for the
period from the child's third birthday through the
remainder of the school year; and
``(C) to establish a transition plan;
``(10) a description of State efforts to promote
collaboration between Early Head Start programs, child care,
and services under part C of this Act; and
``(11) such other information and assurances as the Secretary
may reasonably require.
``(b) Assurances.--The application described in subsection (a)--
``(1) shall provide satisfactory assurance that Federal funds
made available under section 643 to the State will be expended
in accordance with this part;
``(2) shall contain an assurance that the State will comply
with the requirements of section 640;
``(3) shall provide satisfactory assurance that the control
of funds provided under section 643, and title to property
derived from those funds, will be in a public agency for the
uses and purposes provided in this part and that a public
agency will administer such funds and property;
``(4) shall provide for--
``(A) making such reports in such form and containing
such information as the Secretary may require to carry
out the Secretary's functions under this part; and
``(B) keeping such records and affording such access
to them as the Secretary may find necessary to ensure
the correctness and verification of those reports and
proper disbursement of Federal funds under this part;
``(5) provide satisfactory assurance that Federal funds made
available under section 643 to the State--
``(A) will not be commingled with State funds; and
``(B) will be used so as to supplement the level of
State and local funds expended for infants and toddlers
with disabilities and their families and in no case to
supplant those State and local funds;
``(6) shall provide satisfactory assurance that such fiscal
control and fund accounting procedures will be adopted as may
be necessary to ensure proper disbursement of, and accounting
for, Federal funds paid under section 643 to the State;
``(7) shall provide satisfactory assurance that policies and
procedures have been adopted to ensure meaningful involvement
of underserved groups, including minority, low-income, and
rural families, in the planning and implementation of all the
requirements of this part; and
``(8) shall contain such other information and assurances as
the Secretary may reasonably require by regulation.
``(c) Standard for Disapproval of Application.--The Secretary may not
disapprove such an application unless the Secretary determines, after
notice and opportunity for a hearing, that the application fails to
comply with the requirements of this section.
``(d) Subsequent State Application.--If a State has on file with the
Secretary a policy, procedure, or assurance that demonstrates that the
State meets a requirement of this section, including any policy or
procedure filed under this part (as in effect before the date of the
enactment of the Improving Education Results for Children With
Disabilities Act of 2003), the Secretary shall consider the State to
have met the requirement for purposes of receiving a grant under this
part.
``(e) Modification of Application.--An application submitted by a
State in accordance with this section shall remain in effect until the
State submits to the Secretary such modifications as the State
determines necessary. This section shall apply to a modification of an
application to the same extent and in the same manner as this section
applies to the original application.
``(f) Modifications Required by the Secretary.--The Secretary may
require a State to modify its application under this section, but only
to the extent necessary to ensure the State's compliance with this
part, if--
``(1) an amendment is made to this Act, or a Federal
regulation issued under this Act;
``(2) a new interpretation of this Act is made by a Federal
court or the State's highest court; or
``(3) an official finding of noncompliance with Federal law
or regulations is made with respect to the State.
``SEC. 638. USES OF FUNDS.
``In addition to using funds provided under section 633 to maintain
and implement the statewide system required by such section, a State
may use such funds--
``(1) for direct early intervention services for infants and
toddlers with disabilities, and their families, under this part
that are not otherwise funded through other public or private
sources;
``(2) to expand and improve on services for infants and
toddlers and their families under this part that are otherwise
available;
``(3) to provide a free appropriate public education, in
accordance with part B, to children with disabilities from
their third birthday to the beginning of the following school
year; and
``(4) in any State that does not provide services for at-risk
infants and toddlers under section 637(a)(4), to strengthen the
statewide system by initiating, expanding, or improving
collaborative efforts related to at-risk infants and toddlers,
including establishing linkages with appropriate public or
private community-based organizations, services, and personnel
for the purposes of--
``(A) identifying and evaluating at-risk infants and
toddlers;
``(B) making referrals of the infants and toddlers
identified and evaluated under subparagraph (A); and
``(C) conducting periodic followup on each such
referral to determine if the status of the infant or
toddler involved has changed with respect to the
eligibility of the infant or toddler for services under
this part.''.
SEC. 302. SECTIONS 641 THROUGH 645 OF THE INDIVIDUALS WITH DISABILITIES
EDUCATION ACT.
Sections 641 through 645 of the Individuals with Disabilities
Education Act (20 U.S.C. 1441-1445) are amended to read as follows:
``SEC. 641. STATE INTERAGENCY COORDINATING COUNCIL.
``(a) Establishment.--
``(1) In general.--A State that desires to receive financial
assistance under this part shall establish a State interagency
coordinating council.
``(2) Appointment.--The council shall be appointed by the
Governor. In making appointments to the council, the Governor
shall ensure that the membership of the council reasonably
represents the population of the State.
``(3) Chairperson.--The Governor shall designate a member of
the council to serve as the chairperson of the council, or
shall require the council to so designate such a member. Any
member of the council who is a representative of the lead
agency designated under section 635(a)(10) may not serve as the
chairperson of the council.
``(b) Composition.--
``(1) In general.--The council shall be composed as follows:
``(A) Parents.--At least 20 percent of the members
shall be parents of infants or toddlers with
disabilities or children with disabilities aged 12 or
younger, with knowledge of, or experience with,
programs for infants and toddlers with disabilities. At
least one such member shall be a parent of an infant or
toddler with a disability or a child with a disability
aged 6 or younger.
``(B) Service providers.--At least 20 percent of the
members shall be public or private providers of early
intervention services.
``(C) State legislature.--At least one member shall
be from the State legislature.
``(D) Personnel preparation.--At least one member
shall be involved in personnel preparation.
``(E) Agency for early intervention services.--At
least one member shall be from each of the State
agencies involved in the provision of, or payment for,
early intervention services to infants and toddlers
with disabilities and their families and shall have
sufficient authority to engage in policy planning and
implementation on behalf of such agencies.
``(F) Agency for preschool services.--At least one
member shall be from the State educational agency
responsible for preschool services to children with
disabilities and shall have sufficient authority to
engage in policy planning and implementation on behalf
of such agency.
``(G) Agency for health insurance.--At least one
member shall be from the agency responsible for the
State governance of health insurance.
``(H) Head start agency.--At least one representative
from a Head Start agency or program in the State.
``(I) Child care agency.--At least one representative
from a State agency responsible for child care.
``(J) Mental health agency.--At least one
representative from the State agency responsible for
children's mental health.
``(K) Child welfare agency.--At least one
representative from the State agency responsible for
child protective services.
``(L) Office of the coordinator for the education of
homeless children and youth.--At least one
representative designated by the Office of the
Coordinator.
``(2) Other members.--The council may include other members
selected by the Governor, including a representative from the
Bureau of Indian Affairs, or where there is no BIA-operated or
BIA-funded school, from the Indian Health Service or the tribe
or tribal council.
``(c) Meetings.--The council shall meet at least quarterly and in
such places as it deems necessary. The meetings shall be publicly
announced, and, to the extent appropriate, open and accessible to the
general public.
``(d) Management Authority.--Subject to the approval of the Governor,
the council may prepare and approve a budget using funds under this
part to conduct hearings and forums, to reimburse members of the
council for reasonable and necessary expenses for attending council
meetings and performing council duties (including child care for parent
representatives), to pay compensation to a member of the council if the
member is not employed or must forfeit wages from other employment when
performing official council business, to hire staff, and to obtain the
services of such professional, technical, and clerical personnel as may
be necessary to carry out its functions under this part.
``(e) Functions of Council.--
``(1) Duties.--The council shall--
``(A) advise and assist the lead agency designated or
established under section 635(a)(10) in the performance
of the responsibilities set forth in such section,
particularly the identification of the sources of
fiscal and other support for services for early
intervention programs, assignment of financial
responsibility to the appropriate agency, and the
promotion of the interagency agreements;
``(B) advise and assist the lead agency in the
preparation of applications and amendments thereto;
``(C) advise and assist the State educational agency
regarding the transition of toddlers with disabilities
to preschool and other appropriate services; and
``(D) prepare and submit an annual report to the
Governor and to the Secretary on the status of early
intervention programs for infants and toddlers with
disabilities and their families operated within the
State.
``(2) Authorized activity.--The council may advise and assist
the lead agency and the State educational agency regarding the
provision of appropriate services for children from birth
through age 5. The council may advise appropriate agencies in
the State with respect to the integration of services for
infants and toddlers with disabilities and at-risk infants and
toddlers and their families, regardless of whether at-risk
infants and toddlers are eligible for early intervention
services in the State.
``(f) Conflict of Interest.--No member of the council shall cast a
vote on any matter that would provide direct financial benefit to that
member or otherwise give the appearance of a conflict of interest under
State law.
``SEC. 642. FEDERAL ADMINISTRATION.
``Sections 616, 617, and 618 shall, to the extent not inconsistent
with this part, apply to the program authorized by this part, except
that--
``(1) any reference in such sections to a State educational
agency shall be considered to be a reference to a State's lead
agency established or designated under section 635(a)(10);
``(2) any reference in such sections to a local educational
agency, educational service agency, or a State agency shall be
considered to be a reference to an early intervention service
provider under this part; and
``(3) any reference to the education of children with
disabilities or the education of all children with disabilities
shall be considered to be a reference to the provision of
appropriate early intervention services to infants and toddlers
with disabilities.
``SEC. 643. ALLOCATION OF FUNDS.
``(a) Reservation of Funds for Outlying Areas.--
``(1) In general.--From the sums appropriated to carry out
this part for any fiscal year, the Secretary may reserve up to
one percent for payments to Guam, American Samoa, the Virgin
Islands, and the Commonwealth of the Northern Mariana Islands
in accordance with their respective needs.
``(2) Consolidation of funds.--The provisions of Public Law
95-134, permitting the consolidation of grants to the outlying
areas, shall not apply to funds those areas receive under this
part.
``(b) Payments to Indians.--
``(1) In general.--The Secretary shall, subject to this
subsection, make payments to the Secretary of the Interior to
be distributed to tribes, tribal organizations (as defined
under section 4 of the Indian Self-Determination and Education
Assistance Act), or consortia of the above entities for the
coordination of assistance in the provision of early
intervention services by the States to infants and toddlers
with disabilities and their families on reservations served by
elementary and secondary schools for Indian children operated
or funded by the Department of the Interior. The amount of such
payment for any fiscal year shall be 1.25 percent of the
aggregate of the amount available to all States under this part
for such fiscal year.
``(2) Allocation.--For each fiscal year, the Secretary of the
Interior shall distribute the entire payment received under
paragraph (1) by providing to each tribe, tribal organization,
or consortium an amount based on the number of infants and
toddlers residing on the reservation, as determined annually,
divided by the total number of such children served by all
tribes, tribal organizations, or consortia.
``(3) Information.--To receive a payment under this
subsection, the tribe, tribal organization, or consortium shall
submit such information to the Secretary of the Interior as is
needed to determine the amounts to be distributed under
paragraph (2).
``(4) Use of funds.--The funds received by a tribe, tribal
organization, or consortium shall be used to assist States in
child find, screening, and other procedures for the early
identification of Indian children under 3 years of age and for
parent training. Such funds may also be used to provide early
intervention services in accordance with this part. Such
activities may be carried out directly or through contracts or
cooperative agreements with the BIA, local educational
agencies, and other public or private nonprofit organizations.
The tribe, tribal organization, or consortium is encouraged to
involve Indian parents in the development and implementation of
these activities. The above entities shall, as appropriate,
make referrals to local, State, or Federal entities for the
provision of services or further diagnosis.
``(5) Reports.--To be eligible to receive a grant under
paragraph (2), a tribe, tribal organization, or consortium
shall make an annual report to the Secretary of the Interior of
activities undertaken under this subsection, including the
number of contracts and cooperative agreements entered into,
the number of children contacted and receiving services for
each year, and the estimated number of children needing
services during the year following the year in which the report
is made. The Secretary of the Interior shall include a summary
of this information on an annual basis to the Secretary of
Education along with such other information as required under
section 611(h)(3)(E). The Secretary of Education may require
any additional information from the Secretary of the Interior.
``(6) Prohibited uses of funds.--None of the funds under this
subsection may be used by the Secretary of the Interior for
administrative purposes, including child count, and the
provision of technical assistance.
``(c) State Allotments.--
``(1) In general.--Except as provided in paragraphs (2) and
(3) from the funds remaining for each fiscal year after the
reservation and payments under subsections (a) and (b), the
Secretary shall first allot to each State an amount that bears
the same ratio to the amount of such remainder as the number of
infants and toddlers in the State bears to the number of
infants and toddlers in all States.
``(2) Minimum allotments.--Except as provided in paragraph
(3) no State shall receive an amount under this section for any
fiscal year that is less than the greater of--
``(A) one-half of one percent of the remaining amount
described in paragraph (1); or
``(B) $500,000.
``(3) Ratable reduction.--
``(A) In general.--If the sums made available under
this part for any fiscal year are insufficient to pay
the full amounts that all States are eligible to
receive under this subsection for such year, the
Secretary shall ratably reduce the allotments to such
States for such year.
``(B) Additional funds.--If additional funds become
available for making payments under this subsection for
a fiscal year, allotments that were reduced under
subparagraph (A) shall be increased on the same basis
they were reduced.
``(4) Definitions.--For the purpose of this subsection--
``(A) the terms `infants' and `toddlers' mean
children under 3 years of age; and
``(B) the term `State' means each of the 50 States,
the District of Columbia, and the Commonwealth of
Puerto Rico.
``(d) Reallotment of Funds.--If a State elects not to receive its
allotment under subsection (c), the Secretary shall reallot, among the
remaining States, amounts from such State in accordance with such
subsection.
``SEC. 644. AUTHORIZATION OF APPROPRIATIONS.
``For the purpose of carrying out this part, there are authorized to
be appropriated $447,000,000 for fiscal year 2004 and such sums as may
be necessary for each of the fiscal years 2005 through 2009.''.
TITLE IV--NATIONAL ACTIVITIES TO IMPROVE EDUCATION OF CHILDREN WITH
DISABILITIES
SEC. 401. NATIONAL ACTIVITIES TO IMPROVE EDUCATION OF CHILDREN WITH
DISABILITIES.
Part D of the Individuals with Disabilities Education Act (20 U.S.C.
1451 et seq.) is amended to read as follows:
``PART D--NATIONAL ACTIVITIES TO IMPROVE EDUCATION OF CHILDREN WITH
DISABILITIES
``SEC. 651. FINDINGS.
``The Congress finds the following:
``(1) The Federal Government has an ongoing obligation to
support activities that contribute to positive results for
children with disabilities, enabling them to lead productive
and independent adult lives.
``(2) Systemic change benefiting all students, including
children with disabilities, requires the involvement of States,
local educational agencies, parents, individuals with
disabilities and their families, teachers and other service
providers, and other interested individuals and organizations,
to develop and implement comprehensive strategies that improve
educational results for children with disabilities.
``(3) State educational agencies, in partnership with local
educational agencies, parents of children with disabilities,
and other individuals and organizations, are in the best
position to improve education for children with disabilities
and to address their special needs.
``(4) An effective educational system serving students with
disabilities should--
``(A) maintain high academic standards and clear
achievement goals for children, consistent with the
standards and expectations for all students in the
educational system, and provide for appropriate and
effective strategies and methods to ensure that all
children with disabilities have the opportunity to
achieve those standards and goals;
``(B) clearly define, in objective, measurable terms,
the school and post-school results that children with
disabilities are expected to achieve; and
``(C) promote transition services, as described in
section 602(31), and coordinate State and local
education, social, health, mental health, and other
services, to address the full range of student needs,
particularly the needs of children with disabilities
who need significant levels of support to participate
and learn in school and the community.
``(5) The availability of an adequate number of qualified
personnel is critical in order to serve effectively children
with disabilities, fill leadership positions in administrative
and direct-service capacities, provide teacher training, and
conduct high-quality research to improve special education.
``(6) High-quality, comprehensive professional development
programs are essential to ensure that the persons responsible
for the education or transition of children with disabilities
possess the skills and knowledge necessary to address the
educational and related needs of those children.
``(7) Models of professional development should be
scientifically based and reflect successful practices,
including strategies for recruiting, preparing, and retaining
personnel.
``(8) Continued support is essential for the development and
maintenance of a coordinated and high-quality program of
research to inform successful teaching practices and model
curricula for educating children with disabilities.
``(9) A comprehensive research agenda should be established
and pursued to promote the highest quality and rigor in
research on special education and related services, and to
address the full range of issues facing children with
disabilities, parents of children with disabilities, school
personnel, and others.
``(10) Technical assistance, support, and dissemination
activities are necessary to ensure that parts B and C are fully
implemented and achieve quality early intervention,
educational, and transitional results for children with
disabilities and their families.
``(11) Parents, teachers, administrators, and related
services personnel need technical assistance and information in
a timely, coordinated, and accessible manner in order to
improve early intervention, educational, and transitional
services and results at the State and local levels for children
with disabilities and their families.
``(12) Parent training and information activities assist
parents of a child with a disability in dealing with the
multiple pressures of parenting such a child and are of
particular importance in--
``(A) creating and preserving constructive
relationships between parents of children with
disabilities and schools by facilitating open
communication between such parents and schools,
encouraging dispute resolution at the earliest point in
time possible, and discouraging the escalation of an
adversarial process between such parents and schools;
``(B) ensuring the involvement of such parents in
planning and decision-making with respect to early
intervention, educational, and transitional services;
``(C) achieving high-quality early intervention,
educational, and transitional results for children with
disabilities;
``(D) providing such parents information on their
rights, protections, and responsibilities under this
Act to ensure improved early intervention, educational,
and transitional results for children with
disabilities;
``(E) assisting such parents in the development of
skills to participate effectively in the education and
development of their children and in the transitions
described in section 602(31);
``(F) supporting the roles of such parents as
participants within partnerships seeking to improve
early intervention, educational, and transitional
services and results for children with disabilities and
their families; and
``(G) supporting those parents who may have limited
access to services and supports due to economic,
cultural, or linguistic barriers.
``(13) Support is needed to improve technological resources
and integrate technology into the lives of children with
disabilities, parents of children with disabilities, school
personnel, and others through curricula, services, and
assistive technologies.
``Subpart 1--State Professional Development Grants
``SEC. 652. PURPOSE.
``The purpose of this subpart is to assist State educational agencies
in reforming and improving their systems for professional development
in early intervention, educational, and related and transition services
in order to improve results for children with disabilities.
``SEC. 653. ELIGIBILITY AND COLLABORATIVE PROCESS.
``(a) Eligible Applicants.--A State educational agency may apply for
a grant under this subpart for a period of not less than 1 year and not
more than 5 years.
``(b) Partners.--
``(1) Required partners.--In order to be considered for a
grant under this subpart, a State educational agency shall
enter into a partnership agreement with local educational
agencies, at least one institution of higher education in the
State, and other State agencies involved in, or concerned with,
the education of children with disabilities.
``(2) Optional partners.--In addition, a State educational
agency may enter into a partnership agreement with any of the
following:
``(A) The Governor.
``(B) Parents of children with disabilities ages
birth through 26.
``(C) Parents of nondisabled children ages birth
through 26.
``(D) Individuals with disabilities.
``(E) Organizations representing individuals with
disabilities and their parents, such as parent training
and information centers.
``(F) Community-based and other nonprofit
organizations involved in the education and employment
of individuals with disabilities.
``(G) The lead State agency for part C.
``(H) General and special education teachers, related
services personnel, and early intervention personnel.
``(I) The State advisory panel established under part
C.
``(J) The State interagency coordinating council
established under part C.
``(K) Institutions of higher education within the
State.
``(L) Individuals knowledgeable about vocational
education.
``(M) The State agency for higher education.
``(N) The State vocational rehabilitation agency.
``(O) Public agencies with jurisdiction in the areas
of health, mental health, social services, and juvenile
justice.
``(P) Other providers of professional development
that work with students with disabilities.
``(Q) Other individuals.
``SEC. 654. APPLICATIONS.
``(a) In General.--
``(1) Submission.--A State educational agency that desires to
receive a grant under this subpart shall submit to the
Secretary an application at such time, in such manner, and
including such information as the Secretary may require.
``(2) State plan.--The application shall include a plan that
addresses the State and local needs for the professional
development of administrators, principals, teachers, related
services personnel, and individuals who provide direct
supplementary aids and services to children with disabilities,
and that--
``(A) is integrated, to the maximum extent possible,
with State plans under the Elementary and Secondary
Education Act of 1965, the Rehabilitation Act of 1973,
and the Higher Education Act of 1965, as appropriate;
and
``(B) is designed to enable the State to meet the
requirements of section 612(a)(15) of this Act.
``(b) Elements of State Plan.--Each State plan shall--
``(1) describe a partnership agreement that--
``(A) specifies--
``(i) the nature and extent of the
partnership among the State educational agency,
local educational agencies, and other State
agencies involved in, or concerned with, the
education of children with disabilities, and
the respective roles of each member of the
partnership; and
``(ii) how such agencies will work in
partnership with other persons and
organizations involved in, and concerned with,
the education of children with disabilities,
including the respective roles of each of these
persons and organizations; and
``(B) is in effect for the period of the grant;
``(2) describe how grant funds, including part B funds
retained for use at the State level under sections 611(e) and
619(d), and other Federal funds will be used to support
activities conducted under this subpart;
``(3) describe the strategies the State will use to implement
the plan to improve results for children with disabilities,
including--
``(A) how the State will align its professional
development plan with the plans submitted by the State
under sections 1111 and 2112 of the Elementary and
Secondary Education Act of 1965;
``(B) how the State will provide technical assistance
to local educational agencies and schools to improve
the quality of professional development available to
meet the needs of personnel that serve children with
disabilities; and
``(C) how the State will assess, on a regular basis,
the extent to which the strategies implemented under
this subpart have been effective in meeting the
achievement goals and indicators in section 612(a)(16);
``(4) describe, as appropriate, how the strategies described
in paragraph (3) will be coordinated with public and private
sector resources; and
``(5) include an assurance that the State will use funds
received under this subpart to carry out each of the activities
specified in the plan.
``(c) Competitive Awards.--
``(1) In general.--The Secretary shall make grants under this
subpart on a competitive basis.
``(2) Priority.--The Secretary may give priority to
applications on the basis of need.
``(d) Peer Review.--
``(1) In general.--The Secretary shall evaluate applications
under this subpart using a panel of experts who are qualified
by virtue of their training, expertise, or experience.
``(2) Composition of panel.--A majority of a panel described
in paragraph (1) shall be composed of individuals who are not
employees of the Federal Government.
``(3) Payment of fees and expenses of certain members.--The
Secretary may use available funds appropriated to carry out
this subpart to pay the expenses and fees of panel members who
are not employees of the Federal Government.
``(e) Reporting Procedures.--Each State educational agency that
receives a grant under this subpart shall submit annual performance
reports to the Secretary. The reports shall--
``(1) describe the progress of the State in implementing its
plan;
``(2) analyze the effectiveness of the State's activities
under this subpart and of the State's strategies for meeting
its goals under section 612(a)(16); and
``(3) identify any changes in such strategies needed to
improve its performance.
``SEC. 655. USE OF FUNDS.
``(a) In General.--
``(1) Activities.--A State educational agency that receives a
grant under this subpart shall use the grant funds, subject to
subsection (b), for the following:
``(A) Professional development.--
``(i) Carrying out programs that support the
professional development of early intervention
personnel, related services personnel, and both
special education and regular education
teachers of children with disabilities, such as
programs that--
``(I) provide teacher mentoring, team
teaching, reduced class schedules, and
intensive professional development;
``(II) use standards or assessments
for guiding beginning teachers that are
consistent with challenging State
student academic achievement standards
and with the definition of professional
development in section 9101 of the
Elementary and Secondary Education Act
of 1965;
``(III) promote collaborative and
consultive models of providing special
education ad related services; and
``(IV) increase understanding as to
the most appropriate placements and
services for all students to reduce
significant racial and ethnic
disproportionality in eligibility,
placement, and disciplinary actions.
``(ii) Encouraging and supporting the
training of special education and regular
education teachers and administrators to
effectively integrate technology into curricula
and instruction, including training to improve
the ability to collect, manage, and analyze
data to improve teaching, decisionmaking,
school improvement efforts, and accountability.
``(iii) Providing professional development
activities that improve the knowledge of
special education and regular education
teachers concerning--
``(I) the academic and developmental
needs of students with disabilities;
and
``(II) effective instructional
strategies, methods, and skills, use of
challenging State academic content
standards and student academic
achievement standards, and use of State
assessments, to improve teaching
practices and student academic
achievement.
``(iv) Providing professional development
activities that--
``(I) improve the knowledge of
special education and regular education
teachers and principals and, in
appropriate cases, related services
personnel and paraprofessionals,
concerning effective instructional
practices;
``(II) provide training in how to
teach and address the needs of students
with different learning styles;
``(III) involve collaborative groups
of teachers and administrators;
``(IV) provide training in methods
of--
``(aa) positive behavior
interventions and supports to
improve student behavior in the
classroom;
``(bb) scientifically based
reading instruction, including
early literacy instruction; and
``(cc) early and appropriate
interventions to identify and
help students with
disabilities;
``(V) provide training to enable
special education and regular education
teachers, related services personnel,
and principals to involve parents in
their child's education, especially
parents of low-income and limited
English proficient children with
disabilities; or
``(VI) train administrators and other
relevant school personnel in conducting
facilitated individualized education
program meetings.
``(v) Developing and implementing initiatives
to promote retention of highly qualified
special education teachers, including programs
that provide--
``(I) teacher mentoring from
exemplary special education teachers,
principals, or superintendents;
``(II) induction and support for
special education teachers during their
first 3 years of employment as
teachers; or
``(III) incentives, including
financial incentives, to retain special
education teachers who have a record of
success in helping students with
disabilities improve their academic
achievement.
``(vi) Carrying out programs and activities
that are designed to improve the quality of the
teacher force that serves children with
disabilities, such as--
``(I) innovative professional
development programs (which may be
provided through partnerships including
institutions of higher education),
including programs that train teachers
and principals to integrate technology
into curricula and instruction to
improve teaching, learning, and
technology literacy, are consistent
with the requirements of section 9101
of the Elementary and Secondary
Education Act of 1965, and are
coordinated with activities carried out
under this part; and
``(II) development and use of proven,
cost-effective strategies for the
implementation of professional
development activities, such as through
the use of technology and distance
learning.
``(B) State activities.--
``(i) Reforming special education and regular
education teacher certification (including
recertification) or licensing requirements to
ensure that--
``(I) special education and regular
education teachers have the training
and information necessary, including an
understanding of the latest
scientifically valid education research
and its applicability, to address the
wide variety of needs of children with
disabilities across disability
categories;
``(II) special education and regular
education teachers have the necessary
subject matter knowledge and teaching
skills in the academic subjects that
the teachers teach;
``(III) special education and regular
education teacher certification
(including recertification) or
licensing requirements are aligned with
challenging State academic content
standards; and
``(IV) special education and regular
education teachers have the subject
matter knowledge and teaching skills,
including technology literacy,
necessary to help students meet
challenging State student academic
achievement standards.
``(ii) Carrying out programs that establish,
expand, or improve alternative routes for State
certification of special education teachers for
individuals who demonstrate the potential to
become highly effective special education
teachers, such as individuals with a
baccalaureate or master's degree (including
mid-career professionals from other
occupations), paraprofessionals, former
military personnel, and recent college or
university graduates with records of academic
distinction.
``(iii) Carrying out teacher advancement
initiatives for special education teachers that
promote professional growth and emphasize
multiple career paths (such as paths to
becoming a career teacher, mentor teacher, or
exemplary teacher) and pay differentiation.
``(iv) Developing and implementing mechanisms
to assist local educational agencies and
schools in effectively recruiting and retaining
highly qualified special education teachers.
``(v) Reforming tenure systems, implementing
teacher testing for subject matter knowledge,
and implementing teacher testing for State
certification or licensing, consistent with
title II of the Higher Education Act of 1965.
``(vi) Developing and implementing mechanisms
to assist schools in effectively recruiting and
retaining highly qualified special education
teachers.
``(vii) Funding projects to promote
reciprocity of teacher certification or
licensing between or among States for special
education teachers, except that no reciprocity
agreement developed under this clause or
developed using funds provided under this
subpart may lead to the weakening of any State
teaching certification or licensing
requirement.
``(viii) Developing or assisting local
educational agencies to serve children with
disabilities through the development and use of
proven, innovative strategies to deliver
intensive professional development programs
that are both cost-effective and easily
accessible, such as strategies that involve
delivery through the use of technology, peer
networks, and distance learning.
``(ix) Developing, or assisting local
educational agencies in developing, merit-based
performance systems, and strategies that
provide differential and bonus pay for special
education teachers.
``(x) Supporting activities that ensure that
teachers are able to use challenging State
academic content standards and student academic
achievement standards, and State assessments,
to improve instructional practices and improve
the academic achievement of children with
disabilities.
``(xi) Coordinating with, and expanding,
centers established under section 2113(c)(18)
of the Elementary and Secondary Education Act
of 1965 to benefit special education teachers.
``(2) Contracts and subgrants.--Each such State educational
agency--
``(A) shall, consistent with its partnership
agreement under section 654(b)(1), award contracts or
subgrants to local educational agencies, institutions
of higher education, and parent training and
information centers, as appropriate, to carry out its
State plan under this subpart; and
``(B) may award contracts and subgrants to other
public and private entities, including the lead agency
under part C, to carry out such plan.
``(b) Use of Funds for Professional Development.--A State educational
agency that receives a grant under this subpart shall use--
``(1) not less than 90 percent of the funds it receives under
the grant for any fiscal year for activities under subsection
(a)(1)(A); and
``(2) not more than 10 percent of the funds it receives under
the grant for any fiscal year for activities under subsection
(a)(1)(B).
``(c) Grants to Outlying Areas.--Public Law 95-134, permitting the
consolidation of grants to the outlying areas, shall not apply to funds
received under this subpart.
``SEC. 656. STATE GRANT AMOUNTS.
``(a) In General.--The Secretary shall make a grant to each State
educational agency whose application the Secretary has selected for
funding under this subpart in an amount for each fiscal year that is--
``(1) not less than $500,000, nor more than $2,000,000, in
the case of the 50 States, the District of Columbia, and the
Commonwealth of Puerto Rico; and
``(2) not less than $80,000, in the case of an outlying area.
``(b) Factors.--The Secretary shall set the amount of each grant
under subsection (a) after considering--
``(1) the amount of funds available for making the grants;
``(2) the relative population of the State or outlying area;
and
``(3) the types of activities proposed by the State or
outlying area, including--
``(A) the alignment of proposed activities with
paragraphs (14) and (15) of section 612(a);
``(B) the alignment of proposed activities with the
plans submitted under sections 1111 and 2112 of the
Elementary and Secondary Education Act of 1965; and
``(C) the use, as appropriate, of scientifically
based research.
``SEC. 657. AUTHORIZATION OF APPROPRIATIONS.
``There are authorized to be appropriated to carry out this subpart
$44,000,000 for fiscal year 2004 and such sums as may be necessary for
each of the fiscal years 2005 through 2009.
``Subpart 2--Scientifically Based Research; Technical Assistance; Model
Demonstration Projects; Dissemination of Information; and Personnel
Preparation Programs
``SEC. 661. PURPOSE.
``The purpose of this subpart is to provide Federal funding for
scientifically based research, technical assistance, model
demonstration projects, information dissemination, and personnel
preparation programs to improve early intervention, educational, and
transitional results for children with disabilities.
``SEC. 662. ADMINISTRATIVE PROVISIONS.
``(a) Comprehensive Plan.--
``(1) In general.--The Secretary shall develop and implement
a comprehensive plan for activities carried out under this
subpart (other than section 663) in order to enhance the
provision of educational, related, transitional, and early
intervention services to children with disabilities under parts
B and C. The plan shall include mechanisms to address
educational, related services, transitional, and early
intervention needs identified by State educational agencies in
applications submitted under subpart 1.
``(2) Public comment.--The Secretary shall provide a public
comment period of at least 30 days on the plan.
``(3) Distribution of funds.--In implementing the plan, the
Secretary shall, to the extent appropriate, ensure that funds
are awarded to recipients under this subpart to carry out
activities that benefit, directly or indirectly, children with
disabilities of all ages.
``(4) Reports to congress.--The Secretary shall annually
report to the Congress on the Secretary's activities under this
subsection, including an initial report not later than the date
that is 12 months after the date of the enactment of Improving
Education Results for Children With Disabilities Act of 2003.
``(b) Eligible Applicants.--
``(1) In general.--Except as otherwise provided in this
subpart, the following entities are eligible to apply for a
grant, contract, or cooperative agreement under this subpart:
``(A) A State educational agency.
``(B) A local educational agency.
``(C) A public charter school that is a local
educational agency under State law.
``(D) An institution of higher education.
``(E) Any other public agency.
``(F) A private nonprofit organization.
``(G) An outlying area.
``(H) An Indian tribe or a tribal organization (as
defined under section 4 of the Indian Self-
Determination and Education Assistance Act (25 U.S.C.
450b)).
``(I) A for-profit organization if the Secretary
finds it appropriate given the specific purpose of the
competition.
``(2) Special rule.--The Secretary may limit the entities
eligible for an award of a grant, contract, or cooperative
agreement to one or more categories of eligible entities
described in paragraph (1).
``(c) Special Populations.--
``(1) Application requirement.--In making an award of a
grant, contract, or cooperative agreement under this subpart,
the Secretary shall, as appropriate, require an applicant to
demonstrate how the applicant will address the needs of
children with disabilities from minority backgrounds.
``(2) Required outreach and technical assistance.--
Notwithstanding any other provision of this Act, the Secretary
shall reserve at least two percent of the total amount of funds
appropriated to carry out this subpart for either or both of
the following activities:
``(A) Providing outreach and technical assistance to
historically black colleges and universities, and to
institutions of higher education with minority
enrollments of at least 25 percent, to promote the
participation of such colleges, universities, and
institutions in activities under this subpart.
``(B) Enabling historically black colleges and
universities, and the institutions described in
subparagraph (A), to assist other colleges,
universities, institutions, and agencies in improving
educational and transitional results for children with
disabilities, if such grant applicants meet the
criteria established by the Secretary under this
subpart.
``(d) Priorities.--The Secretary, in making an award of a grant,
contract, or cooperative agreement under this subpart, may, without
regard to the rulemaking procedures under section 553 of title 5,
United States Code, limit competitions to, or otherwise give priority
to--
``(1) projects that address one or more--
``(A) age ranges;
``(B) disabilities;
``(C) school grades;
``(D) types of educational placements or early
intervention environments;
``(E) types of services;
``(F) content areas, such as reading; or
``(G) effective strategies for helping children with
disabilities learn appropriate behavior in the school
and other community-based educational settings;
``(2) projects that address the needs of children based on
the severity or incidence of their disability;
``(3) projects that address the needs of--
``(A) low-achieving students;
``(B) underserved populations;
``(C) children from low-income families;
``(D) children with limited English proficiency;
``(E) unserved and underserved areas;
``(F) rural or urban areas;
``(G) children whose behavior interferes with their
learning and socialization;
``(H) children with intractable reading difficulties;
and
``(I) children in public charter schools;
``(4) projects to reduce inappropriate identification of
children as children with disabilities, particularly among
minority children; and
``(5) any activity that is expressly authorized in this
subpart or subpart 3.
``(e) Applicant and Recipient Responsibilities.--
``(1) Development and assessment of projects.--The Secretary
shall require that an applicant for, and a recipient of, a
grant, contract, or cooperative agreement for a project under
this subpart--
``(A) involve individuals with disabilities, or
parents of individuals with disabilities ages birth
through 26, in planning, implementing, and evaluating
the project; and
``(B) where appropriate, determine whether the
project has any potential for replication and adoption
by other entities.
``(2) Additional responsibilities.--The Secretary may require
a recipient of a grant, contract, or cooperative agreement for
a project under this subpart--
``(A) to share in the cost of the project;
``(B) to prepare the research and evaluation findings
and products from the project in formats that are
useful for specific audiences, including parents,
administrators, teachers, early intervention personnel,
related services personnel, and individuals with
disabilities;
``(C) to disseminate such findings and products; and
``(D) to collaborate with other such recipients in
carrying out subparagraphs (B) and (C).
``(f) Application Management.--
``(1) Standing panel.--
``(A) In general.--The Secretary shall establish and
use a standing panel of experts who are qualified, by
virtue of their training, expertise, or experience, to
evaluate applications under this subpart (other than
section 663) that, individually, request more than
$75,000 per year in Federal financial assistance.
``(B) Membership.--The standing panel shall include,
at a minimum--
``(i) individuals who are representatives of
institutions of higher education that plan,
develop, and carry out high-quality programs of
personnel preparation;
``(ii) individuals who design and carry out
scientifically-based research targeted to the
improvement of special education programs and
services;
``(iii) individuals who have recognized
experience and knowledge necessary to integrate
and apply scientifically-based research
findings to improve educational and
transitional results for children with
disabilities;
``(iv) individuals who administer programs at
the State or local level in which children with
disabilities participate;
``(v) individuals who prepare parents of
children with disabilities to participate in
making decisions about the education of their
children;
``(vi) individuals who establish policies
that affect the delivery of services to
children with disabilities;
``(vii) individuals who are parents of
children with disabilities ages birth through
26 who are benefiting, or have benefited, from
coordinated research, personnel preparation,
and technical assistance; and
``(viii) individuals with disabilities.
``(C) Term.--No individual shall serve on the
standing panel for more than 3 consecutive years.
``(2) Peer-review panels for particular competitions.--
``(A) Composition.--The Secretary shall ensure that
each subpanel selected from the standing panel that
reviews applications under this subpart (other than
section 663) includes--
``(i) individuals with knowledge and
expertise on the issues addressed by the
activities authorized by the subpart; and
``(ii) to the extent practicable, parents of
children with disabilities ages birth through
26, individuals with disabilities, and persons
from diverse backgrounds.
``(B) Federal employment limitation.--A majority of
the individuals on each subpanel that reviews an
application under this subpart (other than section 663)
shall be individuals who are not employees of the
Federal Government.
``(3) Use of discretionary funds for administrative
purposes.--
``(A) Expenses and fees of non-federal panel
members.--The Secretary may use funds available under
this subpart to pay the expenses and fees of the panel
members who are not officers or employees of the
Federal Government.
``(B) Administrative support.--The Secretary may use
not more than 1 percent of the funds appropriated to
carry out this subpart to pay non-Federal entities for
administrative support related to management of
applications submitted under this subpart.
``(g) Program Evaluation.--The Secretary may use funds appropriated
to carry out this subpart to evaluate activities carried out under the
subpart.
``(h) Minimum Funding Required.--
``(1) In general.--Subject to paragraph (2), the Secretary
shall ensure that, for each fiscal year, at least the following
amounts are provided under this subpart to address the
following needs:
``(A) $12,832,000 to address the educational, related
services, transitional, and early intervention needs of
children with deaf-blindness.
``(B) $4,000,000 to address the postsecondary,
vocational, technical, continuing, and adult education
needs of individuals with deafness.
``(C) $4,000,000 to address the educational, related
services, and transitional needs of children with an
emotional disturbance and those who are at risk of
developing an emotional disturbance.
``(2) Ratable reduction.--If the total amount appropriated to
carry out this subpart for any fiscal year is less than
$130,000,000, the amounts listed in paragraph (1) shall be
ratably reduced.
``(i) Eligibility for Financial Assistance.--Effective for fiscal
years for which the Secretary may make grants under section 619(b), no
State or local educational agency or educational service agency or
other public institution or agency may receive a grant under this
subpart which relates exclusively to programs, projects, and activities
pertaining to children aged 3 through 5, inclusive, unless the State is
eligible to receive a grant under section 619(b).
``SEC. 663. RESEARCH TO IMPROVE RESULTS FOR CHILDREN WITH DISABILITIES.
``(a) National Center for Special Education Research.--
``(1) Establishment.--
``(A) In general.--There is established, in the
Institute of Education Sciences established under
section 111 of the Education Sciences Reform Act of
2002 (Public Law 107-279; 116 Stat. 1944) (hereinafter
in this section referred to as `the Institute'), the
National Center for Special Education Research.
``(B) Commissioner.--The National Center for Special
Education Research shall be headed by a Commissioner
for Special Education Research (hereinafter in this
section referred to as `the Commissioner'). The
Commissioner shall be appointed by the Director of the
Institute (hereinafter in this section referred to as
`the Director') in accordance with section 117 of the
Education Sciences Reform Act of 2002. The Commissioner
shall have substantial knowledge of the Center's
activities, including a high level of expertise in the
fields of research and research management.
``(2) Applicability of education science reform act of
2002.--Parts A and E of the Education Sciences Reform Act of
2002, as well as the standards for peer review of applications
and for the conduct and evaluation of research under sections
133(a) and 134 of such Act, shall apply to the Secretary, the
Director, and the Commissioner in carrying out this section.
``(b) Competitive Grants.--The Director shall make competitive grants
to, or enter into contracts or cooperative agreements with, eligible
entities to expand the fundamental knowledge and understanding of the
education of infants, toddlers, and children with disabilities in order
to improve educational results for such individuals, in accordance with
the priorities determined under this section.
``(c) Authorized Activities.--Activities that may be carried out
under this section include research activities--
``(1) to improve services provided under this Act in order to
improve academic achievement for children with disabilities;
``(2) to investigate scientifically based educational
practices that support learning and improve academic
achievement and progress for all students with disabilities;
``(3) to examine the special needs of preschool-aged children
and infants and toddlers with disabilities, including factors
that may result in developmental delays;
``(4) to investigate scientifically based related services
and interventions that promote participation and progress in
the general education curriculum;
``(5) to improve the alignment, compatibility, and
development of valid and reliable assessment methods for
assessing adequate yearly progress, as described under section
1111(b)(2)(B) of the Elementary and Secondary Education Act of
1965 (20 U.S.C. 6311(b)(2)(B));
``(6) to improve the alignment, compatibility, and
development of valid and reliable alternate assessment methods
for assessing adequate yearly progress, as described under such
section 1111(b)(2)(B);
``(7) to examine State content standards and alternate
assessments for students with a significant cognitive
impairment in terms of academic achievement, individualized
instructional need, appropriate educational settings, and
improved post-school results;
``(8) to examine the educational and developmental needs of
children with high-incidence and low-incidence disabilities;
``(9) to examine the extent to which overidentification and
underidentification of children with disabilities occurs, and
the causes thereof;
``(10) to improve reading and literacy skills for children
with disabilities;
``(11) to examine and improve secondary and postsecondary
education and transitional needs of children with disabilities;
``(12) to examine methods of early intervention for children
with disabilities who need significant levels of support;
``(13) to examine universal design concepts in the
development of assessments, curricula, and instructional
methods as a method to improve educational results for children
with disabilities;
``(14) to improve the professional preparation for personnel
who provide educational and related services to children with
disabilities, including children with low-incidence
disabilities, to increase academic achievement of children with
disabilities;
``(15) to examine the excess costs of educating a child with
a disability and expenses associated with high-cost special
education and related services; and
``(16) to examine the special needs of limited English
proficient children with disabilities.
``(d) Plan.--The National Center for Special Education Research shall
propose to the Director a research plan, with the advice of the
Assistant Secretary for Special Education and Rehabilitative Services,
that--
``(1) is consistent with the priorities and mission of the
Institute of Educational Sciences and the mission of the
Special Education Research Center and includes the activities
described in paragraph (3);
``(2) shall be carried out pursuant to subsection (c) and, as
appropriate, be updated and modified; and
``(3) carries out specific, long-term research activities
that are consistent with the priorities and mission of the
Institute of Educational Sciences, and are approved by the
Director.
``(e) Implementation.--The National Center for Special Education
Research shall implement the plan proposed under subsection (d) to
carry out scientifically valid research that--
``(1) is consistent with the purposes of this Act;
``(2) reflects an appropriate balance across all age ranges
of children with disabilities;
``(3) provides for research that is objective and that uses
measurable indicators to assess its progress and results;
``(4) includes both basic research and applied research,
which shall include research conducted through field-initiated
studies and which may include ongoing research initiatives;
``(5) ensures that the research conducted under this section
is relevant to special education practice and policy;
``(6) synthesize and disseminate, through the National Center
for Education Evaluation and Regional Assistance as well as
activities authorized under this part, the findings and results
of education research conducted or supported by the National
Center for Special Education Research; and
``(7) assist the Director in the preparation of a biennial
report, as a described in section 119 of the Education Sciences
Reform Act of 2003.
``(f) Applications.--An eligible entity that wishes to receive a
grant, or enter into a contract or cooperative agreement, under this
section shall submit an application to the Commissioner at such time,
in such manner, and containing such information as the Commissioner may
reasonably require.
``SEC. 664. TECHNICAL ASSISTANCE, DEMONSTRATION PROJECTS, DISSEMINATION
OF INFORMATION, AND IMPLEMENTATION OF
SCIENTIFICALLY BASED RESEARCH.
``(a) In General.--The Secretary shall make competitive grants to, or
enter into contracts or cooperative agreements with, eligible entities
including regional resource centers and clearinghouses to provide
technical assistance, support model demonstration projects, disseminate
useful information, and implement activities that are supported by
scientifically based research.
``(b) Required Activities.--Funds received under this section shall
be used to support activities to improve services provided under this
Act, including the practices of professionals and others involved in
providing such services to children with disabilities, that promote
academic achievement and improve results for children with disabilities
through--
``(1) implementing effective strategies for addressing
inappropriate behavior of students with disabilities in
schools, including strategies to prevent children with
emotional and behavioral problems from developing emotional
disturbances that require the provision of special education
and related services;
``(2) improving the alignment, compatibility, and development
of valid and reliable assessments and alternate assessments for
assessing adequate yearly progress, as described under section
1111(b)(2)(B) of the Elementary and Secondary Education Act of
1965;
``(3) providing training for both regular education teachers
and special education teachers to address the needs of students
with different learning styles;
``(4) identifying innovative, effective, and efficient
curricula designs, instructional approaches, and strategies,
and identifying positive academic and social learning
opportunities, that--
``(A) provide effective transitions between
educational settings or from school to post school
settings; and
``(B) improve educational and transitional results at
all levels of the educational system in which the
activities are carried out and, in particular, that
improve the progress of children with disabilities, as
measured by assessments within the general education
curriculum involved; and
``(5) demonstrating and applying scientifically based
findings to facilitate systemic changes, related to the
provision of services to children with disabilities, in policy,
procedure, practice, and the training and use of personnel.
``(c) Authorized Activities.--Activities that may be carried out
under this section include activities to improve services provided
under this Act, including the practices of professionals and others
involved in providing such services to children with disabilities, that
promote academic achievement and improve results for children with
disabilities through--
``(1) applying and testing research findings in typical
service settings to determine the usefulness, effectiveness,
and general applicability of such research findings in such
areas as improving instructional methods, curricula, and tools,
such as textbooks and media;
``(2) supporting and promoting the coordination of early
intervention and educational services for children with
disabilities with services provided by health, rehabilitation,
and social service agencies;
``(3) promoting improved alignment and compatibility of
general and special education reforms concerned with curricular
and instructional reform, and evaluation of such reforms;
``(4) enabling professionals, parents of children with
disabilities, and other persons to learn about, and implement,
the findings of scientifically based research, and successful
practices developed in model demonstration projects, relating
to the provision of services to children with disabilities;
``(5) conducting outreach, and disseminating information,
relating to successful approaches to overcoming systemic
barriers to the effective and efficient delivery of early
intervention, educational, and transitional services to
personnel who provide services to children with disabilities;
``(6) assisting States and local educational agencies with
the process of planning systemic changes that will promote
improved early intervention, educational, and transitional
results for children with disabilities;
``(7) promoting change through a multistate or regional
framework that benefits States, local educational agencies, and
other participants in partnerships that are in the process of
achieving systemic-change outcomes;
``(8) focusing on the needs and issues that are specific to a
population of children with disabilities, such as the provision
of single-State and multi-State technical assistance and in-
service training--
``(A) to schools and agencies serving deaf-blind
children and their families;
``(B) to programs and agencies serving other groups
of children with low-incidence disabilities and their
families;
``(C) addressing the postsecondary education needs of
individuals who are deaf or hard-of-hearing; and
``(D) to schools and personnel providing special
education and related services for children with autism
spectrum disorders;
``(9) demonstrating models of personnel preparation to ensure
appropriate placements and services for all students and reduce
disproportionality in eligibility, placement, and disciplinary
actions for minority and limited English proficient children;
and
``(10) disseminating information on how to reduce racial and
ethnic disproportionalities identified under section 618.
``(d) Balance Among Activities and Age Ranges.--In carrying out this
section, the Secretary shall ensure that there is an appropriate
balance across all age ranges of children with disabilities.
``(e) Linking States to Information Sources.--In carrying out this
section, the Secretary shall support projects that link States to
technical assistance resources, including special education and general
education resources, and shall make research and related products
available through libraries, electronic networks, parent training
projects, and other information sources, including through the
activities of the National Center for Evaluation and Regional
Assistance established under the Education Sciences Reform Act.
``(f) Applications.--
``(1) In general.--An eligible entity that wishes to receive
a grant, or enter into a contract or cooperative agreement,
under this section shall submit an application to the Secretary
at such time, in such manner, and containing such information
as the Secretary may require.
``(2) Standards.--To the maximum extent feasible, each
applicant shall demonstrate that the project described in its
application is supported by scientifically valid research that
has been carried out in accordance with the standards for the
conduct and evaluation of all relevant research and development
established by the National Center for Education Research.
``(3) Priority.--As appropriate, the Secretary shall give
priority to applications that propose to serve teachers and
school personnel directly in the school environment.
``SEC. 665. PERSONNEL PREPARATION PROGRAMS TO IMPROVE SERVICES AND
RESULTS FOR CHILDREN WITH DISABILITIES.
``(a) In General.--The Secretary shall, on a competitive basis, make
grants to, or enter into contracts or cooperative agreements with,
eligible entities--
``(1) to help address State-identified needs for qualified
personnel in special education, related services, early
intervention, and regular education, to work with children with
disabilities;
``(2) to ensure that those personnel have the necessary
skills and knowledge, derived from practices that have been
determined, through scientifically valid research, to be
successful in serving those children;
``(3) to encourage increased focus on academics and core
content areas in special education personnel preparation
programs;
``(4) to ensure that regular education teachers have the
necessary skills and knowledge to provide instruction to
students with disabilities in the regular education classroom;
``(5) to provide high-quality professional development for
principals, superintendents, and other administrators,
including training in--
``(A) instructional leadership;
``(B) behavioral supports in the school and
classroom;
``(C) paperwork reduction;
``(D) promoting improved collaboration between
special education and general education teachers;
``(E) assessment and accountability;
``(F) ensuring effective learning environments; and
``(G) fostering positive relationships with parents;
and
``(6) to ensure that all special education teachers teaching
in core academic subjects are highly qualified.
``(b) Personnel Preparation; Authorized Activities.--
``(1) In general.--In carrying out this section, the
Secretary shall support activities, including activities for
high-incidence and low-incidence disabilities, consistent with
the objectives described in subsection (a).
``(2) Authorized activities.--Activities that may be carried
out under this subsection include the following:
``(A) Promoting activities undertaken by institutions
of higher education, local educational agencies, and
other local entities--
``(i) to improve and reform their existing
programs, and to support effective existing
programs, to prepare teachers and related
services personnel--
``(I) to meet the diverse needs of
children with disabilities for early
intervention, educational, and
transitional services; and
``(II) to work collaboratively in
regular classroom settings; and
``(ii) to incorporate best practices and
scientifically based research about preparing
personnel--
``(I) so they will have the knowledge
and skills to improve educational
results for children with disabilities;
and
``(II) so they can implement
effective teaching strategies and
interventions to ensure appropriate
identification, and to prevent the
misidentification or
overidentification, of children as
having a disability, especially
minority and limited English proficient
children.
``(B) Developing, evaluating, and disseminating
innovative models for the recruitment, induction,
retention, and assessment of highly qualified teachers
to reduce shortages in personnel.
``(C) Developing and improving programs for
paraprofessionals to assist in the provision of special
education, related services, and early intervention
services, including interdisciplinary training to
enable them to improve early intervention, educational,
and transitional results for children with
disabilities.
``(D) Demonstrating models for the preparation of,
and interdisciplinary training of, early intervention,
special education, and general education personnel, to
enable the personnel to acquire the collaboration
skills necessary to work within teams to improve
results for children with disabilities, particularly
within the general education curriculum.
``(E) Promoting the transferability, across State and
local jurisdictions, of licensure and certification of
teachers and administrators working with such children.
``(F) Developing and disseminating models that
prepare teachers with strategies, including behavioral
interventions, for addressing the conduct of children
with disabilities that impedes their learning and that
of others in the classroom.
``(G) Developing and improving programs to enhance
the ability of general education teachers, principals,
school administrators, and school board members to
improve results for children with disabilities.
``(H) Supporting institutions of higher education
with minority enrollments of at least 25 percent for
the purpose of preparing personnel to work with
children with disabilities.
``(I) Developing and improving programs to train
special education teachers with an expertise in autism
spectrum disorders.
``(c) Low-Incidence Disabilities; Authorized Activities.--
``(1) In general.--In carrying out this section, the
Secretary shall support activities, consistent with the
objectives described in subsection (a), that benefit children
with low-incidence disabilities.
``(2) Authorized activities.--Activities that may be carried
out under this subsection include activities such as the
following:
``(A) Preparing persons who--
``(i) have prior training in educational and
other related service fields; and
``(ii) are studying to obtain degrees,
certificates, or licensure that will enable
them to assist children with low-incidence
disabilities to achieve the objectives set out
in their individualized education programs
described in section 614(d), or to assist
infants and toddlers with low incidence
disabilities to achieve the outcomes described
in their individualized family service plans
described in section 636.
``(B) Providing personnel from various disciplines
with interdisciplinary training that will contribute to
improvement in early intervention, educational, and
transitional results for children with low-incidence
disabilities.
``(C) Preparing personnel in the innovative uses and
application of technology to enhance learning by
children with low-incidence disabilities through early
intervention, educational, and transitional services.
``(D) Preparing personnel who provide services to
visually impaired or blind children to teach and use
Braille in the provision of services to such children.
``(E) Preparing personnel who provide services to
deaf and hard-of-hearing children by providing direct
language and communication access to the general
education curriculum through spoken or signed
languages, or other modes of communication.
``(F) Preparing personnel to be qualified educational
interpreters, to assist children with low-incidence
disabilities, particularly deaf and hard-of-hearing
children in school and school-related activities and
deaf and hard-of-hearing infants and toddlers and
preschool children in early intervention and preschool
programs.
``(3) Definition.--As used in this section, the term `low-
incidence disability' means--
``(A) a visual or hearing impairment, or simultaneous
visual and hearing impairments;
``(B) a significant cognitive impairment; or
``(C) any impairment for which a small number of
personnel with highly specialized skills and knowledge
are needed in order for children with that impairment
to receive early intervention services or a free
appropriate public education.
``(4) Selection of recipients.--In selecting recipients under
this subsection, the Secretary may give preference to
applications that propose to prepare personnel in more than one
low-incidence disability, such as deafness and blindness.
``(5) Preparation in use of braille.--The Secretary shall
ensure that all recipients of assistance under this subsection
who will use that assistance to prepare personnel to provide
services to visually impaired or blind children that can
appropriately be provided in Braille will prepare those
individuals to provide those services in Braille.
``(d) Leadership Preparation; Authorized Activities.--
``(1) In general.--In carrying out this section, the
Secretary shall support leadership preparation activities that
are consistent with the objectives described in subsection (a).
``(2) Authorized activities.--Activities that may be carried
out under this subsection include activities such as the
following:
``(A) Preparing personnel at the graduate, doctoral,
and postdoctoral levels of training to administer,
enhance, or provide services to improve results for
children with disabilities.
``(B) Providing interdisciplinary training for
various types of leadership personnel, including
teacher preparation faculty, related services faculty,
administrators, researchers, supervisors, principals,
and other persons whose work affects early
intervention, educational, and transitional services
for children with disabilities.
``(e) Applications.--
``(1) In general.--Any eligible entity that wishes to receive
a grant, or enter into a contract or cooperative agreement,
under this section shall submit an application to the Secretary
at such time, in such manner, and containing such information
as the Secretary may require.
``(2) Identified state needs.--
``(A) Requirement to address identified needs.--Any
application under subsection (b), (c), or (d) shall
include information demonstrating to the satisfaction
of the Secretary that the activities described in the
application will address needs identified by the State
or States the applicant proposes to serve.
``(B) Cooperation with state educational agencies.--
Any applicant that is not a local educational agency or
a State educational agency shall include information
demonstrating to the satisfaction of the Secretary that
the applicant and one or more State educational
agencies or local educational agencies will cooperate
in carrying out and monitoring the project.
``(3) Acceptance by states of personnel preparation
requirements.--The Secretary may require applicants to provide
assurances from one or more States that such States--
``(A) intend to accept successful completion of the
proposed personnel preparation program as meeting State
personnel standards or other requirements in State law
or regulation for serving children with disabilities or
serving infants and toddlers with disabilities; and
``(B) need personnel in the area or areas in which
the applicant proposes to provide preparation, as
identified in the States' comprehensive systems of
personnel development under parts B and C.
``(f) Selection of Recipients.--
``(1) Impact of project.--In selecting recipients under this
section, the Secretary shall consider the impact of the project
proposed in the application in meeting the need for personnel
identified by the States.
``(2) Requirement on applicants to meet state and
professional standards.--The Secretary shall make grants under
this section only to eligible applicants that meet State and
professionally recognized standards for the preparation of
special education and related services personnel, if the
purpose of the project is to assist personnel in obtaining
degrees.
``(3) Preferences.--In selecting recipients under this
section, the Secretary may--
``(A) give preference to institutions of higher
education that are educating regular education
personnel to meet the needs of children with
disabilities in integrated settings and educating
special education personnel to work in collaboration
with regular educators in integrated settings; and
``(B) give preference to institutions of higher
education that are successfully recruiting and
preparing individuals with disabilities and individuals
from groups that are underrepresented in the profession
for which they are preparing individuals.
``(g) Service Obligation.--
``(1) In general.--Each application for funds under
subsections (b) and (c) shall include an assurance that the
applicant will ensure that individuals who receive a
scholarship under the proposed project will subsequently
provide special education and related services to children with
disabilities for a period of 2 years for every year for which
assistance was received or repay all or part of the cost of
that assistance, in accordance with regulations issued by the
Secretary.
``(2) Leadership preparation.--Each application for funds
under subsection (d) shall include an assurance that the
applicant will ensure that individuals who receive a
scholarship under the proposed project will subsequently
perform work related to their preparation for a period of 2
years for every year for which assistance was received or repay
all or part of such costs, in accordance with regulations
issued by the Secretary.
``(h) Scholarships.--The Secretary may include funds for
scholarships, with necessary stipends and allowances, in awards under
subsections (b), (c), and (d).
``SEC. 666. STUDIES AND EVALUATIONS.
``(a) In General.--
``(1) Progress assessment.--The Secretary shall, in
accordance with the priorities determined under this section
and in section 663, directly or through competitive grants,
contracts, or cooperative agreements, assess the progress in
the implementation of this Act, including the effectiveness of
State and local efforts to provide--
``(A) a free appropriate public education to children
with disabilities; and
``(B) early intervention services to infants and
toddlers with disabilities and infants and toddlers who
would be at risk of having substantial developmental
delays if early intervention services were not provided
to them.
``(2) Delegation.--Notwithstanding any other provision of
law, the Secretary shall designate the Director of the
Institute for Education Sciences to carry out this section.
``(3) Authorized activities.--In carrying out this
subsection, the Secretary may support objective studies,
evaluations, and assessments, including studies that--
``(A) analyze issues identified in the research
agenda in section 663(d);
``(B) meet the standards in section 663(c); and
``(C) undertake one or more of the following:
``(i) An analysis of the measurable impact,
outcomes, and results achieved by State
educational agencies and local educational
agencies through their activities to reform
policies, procedures, and practices designed to
improve educational and transitional services
and results for children with disabilities.
``(ii) An analysis of State and local needs
for professional development, parent training,
and other appropriate activities that can
reduce the need for disciplinary actions
involving children with disabilities.
``(iii) An assessment of educational and
transitional services and results for children
with disabilities from minority backgrounds,
including--
``(I) data on--
``(aa) the number of minority
children who are referred for
special education evaluation;
``(bb) the number of minority
children who are receiving
special education and related
services and their educational
or other service placement;
``(cc) the number of minority
children who graduated from
secondary programs with a
regular diploma in the standard
number of years; and
``(dd) the number of minority
children who drop out of the
educational system without a
regular diploma; and
``(II) the performance of children
with disabilities from minority
backgrounds on State assessments and
other performance indicators
established for all students.
``(iv) A measurement of educational and
transitional services and results of children
with disabilities served under this Act,
including longitudinal studies that--
``(I) examine educational and
transitional services and results for
children with disabilities who are 3
through 17 years of age and are
receiving special education and related
services under this Act, using a
national, representative sample of
distinct age cohorts and disability
categories; and
``(II) examine educational results,
transition services, postsecondary
placement, and employment status of
individuals with disabilities, 18
through 21 years of age, who are
receiving or have received special
education and related services under
this Act.
``(v) An identification and report on the
placement of children with disabilities by
disability category.
``(b) National Assessment.--
``(1) In general.--The Secretary shall carry out a national
assessment of activities carried out with Federal funds under
this Act in order--
``(A) to determine the effectiveness of this Act in
achieving its purposes;
``(B) to provide timely information to the President,
the Congress, the States, local educational agencies,
and the public on how to implement the Act more
effectively; and
``(C) to provide the President and the Congress with
information that will be useful in developing
legislation to achieve the purposes of this Act more
effectively.
``(2) Public comment.--
``(A) Plan.--Not later than 12 months after the date
of enactment of the Improving Education Results for
Children With Disabilities Act of 2003, the Secretary
shall publish in the Federal Register for public
comment a comprehensive plan for developing and
conducting the national assessment.
``(B) Comment period.--The Secretary shall provide a
public comment period of at least 30 days on such plan.
``(3) Scope of assessment.--The national assessment shall
assess the--
``(A) implementation of programs assisted under this
Act and the impact of such programs on addressing the
developmental needs of, and improving the academic
achievement of, children with disabilities to enable
them to reach challenging developmental goals and
challenging State academic content standards based on
State academic assessments;
``(B) types of programs and services that have
demonstrated the greatest likelihood of helping
students reach the challenging State academic content
standards and developmental goals;
``(C) implementation of the professional development
activities assisted under this Act and the impact on
instruction, student academic achievement, and teacher
qualifications to enhance the ability of special
education teachers and regular education teachers to
improve results for children with disabilities; and
``(D) effectiveness of schools, local educational
agencies, States, other recipients of assistance under
this Act, and the Secretary in achieving the purposes
of this Act by--
``(i) improving the academic achievement of
children with disabilities and their
performance on regular statewide assessments as
compared to nondisabled children, and the
performance of children with disabilities on
alternate assessments;
``(ii) improving the participation of
children with disabilities in the general
education curriculum;
``(iii) improving the transitions of children
with disabilities at natural transition points;
``(iv) placing and serving children with
disabilities, including minority children, in
the least restrictive environment appropriate;
``(v) preventing children with disabilities,
especially children with emotional disturbances
and specific learning disabilities, from
dropping out of school;
``(vi) addressing the reading and literacy
needs of children with disabilities;
``(vii) reducing the overidentification of
children, especially minority and limited
English proficient children, as having a
disability;
``(viii) improving the participation of
parents of children with disabilities in the
education of their children; and
``(ix) resolving disagreements between
education personnel and parents through
alternate dispute resolution activities
including mediation and voluntary binding
arbitration.
``(4) Interim and final reports.--The Secretary shall submit
to the President and the Congress--
``(A) an interim report that summarizes the
preliminary findings of the assessment not later than
30 months after the date of the enactment of the
Improving Education Results for Children With
Disabilities Act of 2003; and
``(B) a final report of the findings of the
assessment not later than 5 years after the date of the
enactment of such Act.
``(c) Annual Report.--The Secretary shall provide an annual report to
the Congress that--
``(1) summarizes the research conducted under section 663;
``(2) analyzes and summarizes the data reported by the States
and the Secretary of the Interior under section 618;
``(3) summarizes the studies and evaluations conducted under
this section and the timeline for their completion;
``(4) describes the extent and progress of the national
assessment; and
``(5) describes the findings and determinations resulting
from reviews of State implementation of this Act.
``SEC. 667. AUTHORIZATION OF APPROPRIATIONS.
``There are authorized to be appropriated to carry out sections 663,
664, and 666 $171,861,000 for fiscal year 2004 and such sums as may be
necessary for each of the fiscal years 2005 through 2009. There are
authorized to be appropriated to carry out section 665 $90,000,000 for
fiscal year 2004 and such sums as may be necessary for each of the
fiscal years 2005 through 2009.
``Subpart 3--Supports To Improve Results for Children With Disabilities
``SEC. 671. PURPOSES.
``The purposes of this subpart are to ensure that--
``(1) children with disabilities and their parents receive
training and information on their rights, responsibilities, and
protections under this Act, in order to develop the skills
necessary to cooperatively and effectively participate in
planning and decisionmaking relating to early intervention,
educational, and transitional services;
``(2) parents, teachers, administrators, early intervention
personnel, related services personnel, and transition personnel
receive coordinated and accessible technical assistance and
information to assist them in improving early intervention,
educational, and transitional services and results for children
with disabilities and their families; and
``(3) appropriate technology and media are researched,
developed, and demonstrated, to improve and implement early
intervention, educational, and transitional services and
results for children with disabilities and their families.
``SEC. 672. PARENT TRAINING AND INFORMATION CENTERS.
``(a) Program Authorized.--The Secretary may make grants to, and
enter into contracts and cooperative agreements with, parent
organizations to support parent training and information centers to
carry out activities under this section.
``(b) Required Activities.--Each parent and community training and
information center that receives assistance under this section shall--
``(1) provide training and information that meets the needs
of parents of children with disabilities living in the area
served by the center, including underserved parents and parents
of children who may be inappropriately identified, to enable
children with disabilities--
``(A) to meet developmental and challenging academic
achievement goals that have been established for all
children; and
``(B) to be prepared to lead productive independent
adult lives to the maximum extent possible;
``(2) ensure that the training and information provided meets
the needs of low-income parents and parents of children with
limited English proficiency;
``(3) serve the parents of infants, toddlers, and children
with the full range of disabilities;
``(4) assist parents--
``(A) to better understand the nature of their
children's disabilities and their educational,
developmental, and transitional needs;
``(B) to communicate effectively and work
collaboratively with personnel responsible for
providing special education, early intervention,
transition services, and related services;
``(C) to participate in decisionmaking processes and
the development of individualized education programs
under part B and individualized family service plans
under part C;
``(D) to obtain appropriate information about the
range, type and quality of options, programs, services,
and resources available to assist children with
disabilities and their families in school and at home;
``(E) to understand the provisions of this Act for
the education of, and the provision of early
intervention services to, children with disabilities;
and
``(F) to participate in activities at the school
level which benefit their children;
``(5) assist parents in resolving disputes in the most
expeditious way possible, including encouraging the use, and
explaining the benefits, of alternative methods of dispute
resolution, such as the use of individualized education program
facilitators and mediation and voluntary binding arbitration
processes described in section 615(e);
``(6) assist parents to understand the availability of, and
how to effectively use, procedural safeguards under this Act;
``(7) network with appropriate clearinghouses, including
organizations conducting national dissemination activities
under subpart 2 and the Institute of Educational Sciences, and
with other national, State, and local organizations and
agencies, such as protection and advocacy agencies, that serve
parents and families of children with the full range of
disabilities; and
``(8) annually report to the Secretary on--
``(A) the number and demographics of parents to whom
it provided information and training in the most
recently concluded fiscal year; and
``(B) the effectiveness of strategies used to reach
and serve parents, including underserved parents of
children with disabilities.
``(c) Optional Activities.--A parent training and community and
information center that receives assistance under this section may--
``(1) provide information to teachers and other professionals
to assist them in improving results for children with
disabilities; and
``(2) assist students with disabilities to understand their
rights and responsibilities under section 615(l) on reaching
the age of majority.
``(d) Application Requirements.--Each application for assistance
under this section shall identify with specificity the special efforts
that the applicant will undertake--
``(1) to ensure that the needs for training and information
of underserved parents of children with disabilities in the
area to be served are effectively met; and
``(2) to work with community-based organizations, including
those that work with low-income parents and parents of children
with limited English proficiency.
``(e) Distribution of Funds.--
``(1) In general.--The Secretary shall make at least 1 award
to a parent organization in each State, unless the Secretary
does not receive an application from such an organization in
each State of sufficient quality to warrant approval.
``(2) Selection requirement.--The Secretary shall select
among applications submitted by parent organizations in a State
in a manner that ensures the most effective assistance to
parents, including parents in urban and rural areas, in the
State.
``(f) Quarterly Review.--
``(1) Requirements.--
``(A) Meetings.--The board of directors or special
governing committee of each organization that receives
an award under this section shall meet at least once in
each calendar quarter to review the activities for
which the award was made.
``(B) Advising board.--Each special governing
committee shall directly advise the organization's
governing board of its views and recommendations.
``(2) Continuation award.--When an organization requests a
continuation award under this section, the board of directors
or special governing committee shall submit to the Secretary a
written review of the parent training and information program
conducted by the organization during the preceding fiscal year.
``(g) Definition of Parent Organization.--As used in this section,
the term `parent organization' means a private nonprofit organization
(other than an institution of higher education) that--
``(1) has a board of directors--
``(A) the majority of whom are parents of children
with disabilities ages birth through 26;
``(B) that includes--
``(i) individuals working in the fields of
special education, related services, and early
intervention; and
``(ii) individuals with disabilities; and
``(C) the parent and professional members of which
are broadly representative of the population to be
served, including low-income and limited English
proficient parents of children with disabilities; or
``(2) has--
``(A) a membership that represents the interests of
individuals with disabilities and has established a
special governing committee that meets the requirements
of paragraph (1); and
``(B) a memorandum of understanding between the
special governing committee and the board of directors
of the organization that clearly outlines the
relationship between the board and the committee and
the decisionmaking responsibilities and authority of
each.
``SEC. 673. COMMUNITY PARENT RESOURCE CENTERS.
``(a) In General.--The Secretary may make grants to, and enter into
contracts and cooperative agreements with, local parent organizations
to support parent training and information centers that will help
ensure that underserved parents of children with disabilities,
including low-income parents, parents of children with limited English
proficiency, and parents with disabilities, have the training and
information they need to enable them to participate effectively in
helping their children with disabilities--
``(1) to meet developmental goals and, to the maximum extent
possible, those challenging standards that have been
established for all children; and
``(2) to be prepared to lead productive independent adult
lives, to the maximum extent possible.
``(b) Required Activities.--Each parent training and information
center assisted under this section shall--
``(1) provide training and information that meets the
training and information needs of parents of children with
disabilities proposed to be served by the grant, contract, or
cooperative agreement;
``(2) carry out the activities required of parent training
and information centers under paragraphs (2) through (7) of
section 672(b);
``(3) establish cooperative partnerships with the parent
training and information centers funded under section 672; and
``(4) be designed to meet the specific needs of families who
experience significant isolation from available sources of
information and support.
``(c) Definition.--As used is this section, the term `local parent
organization' means a parent organization, as defined in section
672(g), that either--
``(1) has a board of directors the majority of whom are from
the community to be served; or
``(2) has--
``(A) as a part of its mission, serving the interests
of individuals with disabilities from such community;
and
``(B) a special governing committee to administer the
grant, contract, or cooperative agreement, a majority
of the members of which are individuals from such
community.
``SEC. 674. TECHNICAL ASSISTANCE FOR PARENT TRAINING AND INFORMATION
CENTERS.
``(a) In General.--The Secretary may, directly or through awards to
eligible entities (as defined in section 662(b)), provide technical
assistance for developing, assisting, and coordinating parent training
and information programs carried out by parent training and information
centers receiving assistance under sections 672 and 673.
``(b) Authorized Activities.--The Secretary may provide technical
assistance to a parent training and information center under this
section in areas such as--
``(1) effective coordination of parent training efforts;
``(2) dissemination of scientifically based research and
information;
``(3) promotion of the use of technology, including assistive
technology devices and assistive technology services;
``(4) reaching underserved populations, including parents of
low-income and limited English proficient children with
disabilities;
``(5) including children with disabilities in general
education programs;
``(6) facilitation of transitions from--
``(A) early intervention services to preschool;
``(B) preschool to elementary school;
``(C) elementary school to secondary school; and
``(D) secondary school to postsecondary environments;
and
``(7) promotion of alternative methods of dispute resolution,
including mediation and voluntary binding arbitration.
``SEC. 675. TECHNOLOGY DEVELOPMENT, DEMONSTRATION, AND UTILIZATION; AND
MEDIA SERVICES.
``(a) In General.--The Secretary shall competitively make grants to,
and enter into contracts and cooperative agreements with, eligible
entities (as defined in section 662(b)) to support activities described
in subsections (b) and (c).
``(b) Technology Development, Demonstration, and Utilization.--
``(1) In general.--In carrying out this section, the
Secretary shall support activities to promote the development,
demonstration, and utilization of technology.
``(2) Authorized activities.--The following activities may be
carried out under this subsection:
``(A) Conducting research on, and promoting the
demonstration and use of--
``(i) innovative and emerging technologies
for children with disabilities; and
``(ii) improved transfer of technology from
research and development to practice.
``(B) Supporting research, development, and
dissemination of technology with universal-design
features, so that the technology is accessible to
individuals with disabilities without further
modification or adaptation.
``(C) Demonstrating the use of systems to provide
parents and teachers with information and training
concerning early diagnosis of, intervention for, and
effective teaching strategies for, young children with
reading disabilities.
``(D) Supporting the implementation of research
programs.
``(E) Communicating information on available
technology and the uses of such technology to assist
children with disabilities.
``(c) Educational Media Services; Optional Activities.--In carrying
out this section, the Secretary may support--
``(1) educational media activities that are designed to be of
educational value in the classroom setting to children with
disabilities;
``(2) providing video description, open captioning, or closed
captioning of television programs, videos, or other materials
with an education-based content for use in the classroom
setting when such services are not provided by the producer or
distributor of such information, including programs and
materials associated with new and emerging technologies such as
CDs, DVDs, video streaming, and other forms of multimedia;
``(3) distributing materials described in paragraphs (1) and
(2) through such mechanisms as a loan service; and
``(4) providing free educational materials, including
textbooks, in accessible media for visually impaired and print-
disabled students in elementary, secondary, postsecondary, and
graduate schools.
``(d) Applications.--Any eligible entity (as defined in section
662(b)) that wishes to receive a grant, or enter into a contract or
cooperative agreement, under this section shall submit an application
to the Secretary at such time, in such manner, and containing such
information as the Secretary may require. For purposes of subsection
(c)(4), such entity shall--
``(1) be a national, nonprofit entity with a track record of
meeting the needs of students with print disabilities through
services described in paragraph (4);
``(2) have the capacity to produce, maintain, and distribute
in a timely fashion, up-to-date textbooks in digital audio
formats to qualified students; and
``(3) have a demonstrated ability to significantly leverage
Federal funds through other public and private contributions,
as well as through the expansive use of volunteers.
``(e) Authorization of Appropriations.--There are authorized to be
appropriated to carry out section 674 $32,710,000 for fiscal year 2004
and such sums as may be necessary for each of the fiscal years 2005
through 2009. There are authorized to be appropriated to carry out
sections 672 and 673 $26,000,000 for fiscal year 2004 and such sums as
may be necessary for each of the fiscal years 2005 through 2009.''.
SEC. 402. CONTINUATION OF FUNDING FOR COMMUNITY PARENT AND RESOURCE
CENTERS.
Notwithstanding any other provision of law, the Secretary of
Education is authorized to use amounts made available for a fiscal year
to carry out subpart 3 of part D of the Individuals with Disabilities
Education Act (as added by section 401) to continue to provide funding
under grants made to, or contracts or cooperative agreements entered
into with, local parent organizations under section 683 of such Act (as
such section was in effect on October 1, 2002).
Purpose
H.R. 1350, the ``Improving Education Results for Children
with Disabilities Act of 2003,'' enhances the Individuals with
Disabilities Education Act by improving education results for
children with disabilities, reducing paperwork to allow
teachers to focus on spending more time with their students,
reducing unnecessary litigation by improving communication
between parents and schools, improving early intervention
strategies, reducing overidentification/misidentification of
nondisabled children (particularly minority youth), encouraging
innovative approaches to parental involvement and parental
choice, supporting general education and special education
teachers, and ensuring school safety. The bill also
restructures the national activities and discretionary programs
under the Act on research, professional development, personnel
preparation, technical assistance, dissemination of
information, parent training and information centers, and
community parent resource centers to improve services under the
Act.
Committee Action
107TH CONGRESS
Subcommittee hearings
On Thursday, April 18, 2002, the Committee on Education and
the Workforce, Subcommittee on Education Reform, held a hearing
in Washington, D.C. on ``Special Education Finance at the
Federal, State and Local Levels.'' The purpose of this hearing
was to gather information about how Federal special education
dollars flow to the States and local districts, and what
changes should be made in the area of special education finance
during the reauthorization of the Individuals with Disabilities
Education Act (IDEA). Testifying before the Subcommittee were
Mr. Jay G. Chambers, Senior Research Fellow at the American
Institute of Research in Palo Alto, California; Dr. John R.
Lawrence, President-elect of the American Association of School
Administrators and Superintendent of the Troy R-III School
District in Troy, Missouri; and Mr. Paul M. Goldfinger, Vice
President of School Services of California, Inc., in
Sacramento, California.
On Thursday, May 2, 2002, the Committee on Education and
the Workforce, Subcommittee on Education Reform, held a hearing
in Washington, D.C. on ``Rethinking Special Education: How to
Reform the Individuals with Disabilities Education Act.'' The
purpose of this hearing was to learn about several special
education-related issues, including (1) how to transform the
IDEA from a statute focused primarily on procedural compliance
to one emphasizing effectiveness and accountability; (2) how
IDEA could be reformed to ensure that special education in this
country is better targeted, more cost-efficient, and more
effective in improving educational outcomes for students with
disabilities; and (3) how to reduce the paperwork burden
experienced by teachers and administrators attempting to
implement the Federal law and regulations and the State and
local requirements based on them. Testifying before the
Subcommittee were Dr. Douglas Tyman, Director of the Disruptive
Behavior Clinic at A.I. duPont Hospital for Children in
Wilmington, Delaware; Dr. Gregory J. Lock, Principal at Oak
View Elementary School in Fairfax, Virginia; Ms. Leslie
Margolis, a parent in Baltimore, Maryland; Dr. Patrick J. Wolf,
Assistant Professor of Public Policy at Georgetown University
in Washington, D.C.; and Ms. Katherine Beh Neas, Co-chair of
the CCD Education Task Force and Assistant Vice President for
Government Relations for the Easter Seals in Washington, D.C.
On Wednesday, May 8, 2002, the Committee on Education and
the Workforce, Subcommittee on Education Reform, held a hearing
in Washington, D.C. on ``State and Local Special Education
Programs that Work and Federal Barriers to Innovation.'' The
purpose of this hearing was to learn about several States and
school districts that received attention for developing
programs or implementing practices that improved the quality of
education for students with disabilities. Mr. Lawrence C.
Gloeckler, Deputy Commissioner of Vocational and Educational
Services for Individuals with Disabilities at the New York
State Education Department in Albany, New York; Dr. Richard
Schoonover, Director of Student Services at Bellevue Public
Schools in Bellevue, Nebraska; Dr. Russell Skiba, Associate
Professor at Indiana University in Bloomington, Indiana; Ms.
Diane McCain, Director of the Choice Office at the Florida
Department of Education in Tallahassee, Florida; and Dr. Sally
Arthur, Director of Educational Support Services at Humble
Independent School District in Humble, Texas testified before
the Subcommittee.
On Thursday, June 6, 2002, the Committee on Education and
the Workforce, Subcommittee on Education Reform, held a hearing
in Washington, D.C. on ``Learning Disabilities and Early
Intervention Strategies: How to Improve the Special Education
Referral and Identification Process.'' The purpose of this
hearing was to learn how to reform the way that students with
various learning disabilities, especially those related to
reading, are referred and identified for special education and
related services under the IDEA. The Honorable William F.
Goodling, educator and former Chairman of the House Committee
on Education and the Workforce in Washington, D.C., as well as
Dr. Robert Pasternack, Assistant Secretary for Special
Education and Rehabilitative Services at the U.S. Department of
Education in Washington, D.C. testified on the first panel
regarding their recommendations on how to reform IDEA.
Additionally, Dr. G. Reid Lyon, Psychologist and Chief of the
Child Development and Behavior Research Branch for the National
Institute of Child Health and Human Development in Rockville,
Maryland; Dr. Joe Kovaleski, Director of Pupil Services at
Cornwall-Lebanon School District in Lititz, Pennsylvania; and
Mr. David Gordon, Superintendent of Elk Grove Unified School
District in Elk Grove, California testified on the second
panel.
Full committee hearings
On Thursday, October 4, 2001, the Committee on Education
and the Workforce, held a hearing in Washington, D.C. on
``Overidentification Issues Within the Individuals with
Disabilities Education Act and the Need for Reform.'' The
purpose of this hearing was to learn about overidentification
issues within IDEA. The Honorable Roderick Paige, Secretary of
Education at the U.S. Department of Education testified on the
first panel. The HonorableChakkah Fattah, Second Congressional
District of Pennsylvania, U.S. House of Representatives, Washington,
D.C. testified on the second panel. Additionally, two witnesses
testified on the third panel, including Dr. Thomas Hehir, Lecturer on
Education at the Graduate School of Education at Harvard University in
Cambridge, Massachusetts and Dr. Matthew Ladner, Policy Director for
Children First America in Smithville, Texas.
On Wednesday, July 10, 2002, the Committee on Education and
the Workforce, held a hearing in Washington, D.C. on
``Reforming the Individuals with Disabilities Education Act:
Recommendations from the President's Commission on Excellence
in Special Education.'' The purpose of this hearing was to
learn about the recommendations for reforming the nation's
special education system that were included in the President's
Commission on Excellence in Special Education. The Honorable
Terry Branstad, Chairman of the President's Commission on
Excellence in Special Education testified about the
recommendations of the President's Commission.
108TH CONGRESS
Subcommittee hearing
On Thursday, March 13, 2003, the Committee on Education and
the Workforce, Subcommittee on Education Reform, held a hearing
in Washington, D.C. on ``IDEA: Focusing on Improving Results
for Children with Disabilities.'' The purpose of this hearing
was to explore a variety of topics, but most importantly
paperwork reduction, overidentification of minority children as
having disabilities, reducing litigation, and improving the
identification process of determining whether a child has a
specific learning disability. Testifying before the
Subcommittee were Ms. Dianne Talarico, Superintendent of the
Canton City School District in Canton, Ohio; Dr. Harriet Brown,
Director of Exceptional Special Education Policy and Procedures
in Orlando, Florida; Dr. Douglass Carnine, Director and
Professor at the National Center to Improve the Tools of
Educators at the University of Oregon in Eugene, Oregon; and
Dr. Larry Lorton, Superintendent of the Caroline County School
District in Denton, Maryland.
Legislative action
On March 19, 2003, Michael N. Castle (R-DE), Chairman of
the Subcommittee on Education Reform, and Chairman John Boehner
(R-OH) introduced H.R. 1350, the Improving Education Results
for Children with Disabilities Act, a bill to amend and
reauthorize the Individuals with Disabilities Education Act of
1997. This legislation would improve special education programs
in our nation's schools.
On April 2, 2003, the Subcommittee on Education Reform
considered H.R. 1350 in legislative session and reported it
favorably, as amended, to the Committee on Education and the
Workforce by voice vote. The Subcommittee accepted several
amendments:
The Subcommittee adopted, by voice vote, a
substitute amendment offered by Mr. Castle (R-DE). The
substitute restored benchmarks and short-term objectives for
all children with disabilities until the 2005-2006 school year,
which is when the report card requirements of No Child Left
Behind must be implemented; restored current law formula
calculations for the State-level activities, limiting the
State-level funds to an amount based on the 1997 funding level,
which averages between 8-11% for each State; requires States to
use a portion of their funds for accountability grants to local
educational agencies to provide services to districts
identified as low performing under Title I of the Elementary
and Secondary Education Act as a result of the disaggregated
subgroup of students with disabilities; established indicators
related to academic achievement, graduation, and dropout rates,
and allows the Secretary to establish other indicators on which
to judge the performance of States; and transferred the special
education research functions to the Institute of Education
Sciences.
The Subcommittee adopted, by unanimous consent, a
technical amendment offered by Mr. Osborne (R-NE).
The Subcommittee adopted, by voice vote, an
amendment offered by Mrs. Biggert (R-IL) regarding homeless
children.
The Subcommittee adopted, by voice vote, an
amendment offered by Mrs. Musgrave (R-CO) that would prohibit
Federal mandates, direction, or control of the curriculum of
local educational agencies.
The Subcommittee adopted, by voice vote, an
amendment offered by Ms. Majette (D-GA) to collect information
on disciplinary actions taken by local educational agencies.
The Subcommittee adopted, by voice vote, an
amendment offered by Mr. Kind (D-SC) regarding professional
development.
The Subcommittee adopted, by voice vote, an
amendment offered by Mr. DeMint (R-SC) that allows States to
expand Part C to continue to serve 3-5 year old children with
disabilities at the option of the parents.
On April 9 and 10, 2003, the Committee on Education and the
Workforce considered H.R. 1350 in legislative session and
reported it favorably, as amended, to the House of
Representatives by a vote of 29-19. The Committee considered 29
amendments and adopted the following 13 amendments:
The Committee adopted, by voice vote, a substitute
offered by Subcommittee Chairman Castle (R-DE). The substitute
ensured that related services personnel are included in
professional development activities to provide training for
these individuals to ensure that their services are aligned
with activities in the classroom; made several changes in Part
D National Activities to ensure that the needs of minority
students with disabilities are met; and improved upon the
consultation between private schools and public schools for
determining how to address the needs and coordinate services
for children with disabilities placed in private schools by
their parents.
The Committee adopted, by voice vote, an amendment
offered by Mr. Porter (R-NV) adjusting the authorization of
appropriations to reflect the FY 2004 Budget Resolution
Conference Report.
The Committee adopted, by voice vote, a technical
amendment offered by Mr. Osborne (R-NE).
The Committee adopted, by voice vote, an amendment
offered by Mr. Burns (R-GA) that would ensure that States have
policies and procedures in effect to prohibit school personnel
from requiring a student to obtain a prescription for a
controlled substance in order to remain in the classroom.
The Committee adopted, by voice vote, an en bloc
amendment offered by Mr. Kind (D-WI) that would allow States to
reserve funds to establish cost sharing programs for high cost
special education and related services and require a GAO study
on distance learning professional development opportunities for
special education teachers.
The Committee adopted, by voice vote, an en bloc
amendment offered by Mr. Hinojosa (D-TX), pertaining to the
transfer of records of migrant children and a GAO study on
limited English proficient students with disabilities.
The Committee adopted, by voice vote, an amendment
offered by Mr. Owens (D-NY) to restore the community parent
resource centers.
The Committee adopted, by voice vote, an amendment
by Mr. Andrews (D-NJ) to include speech therapy in prereferral
services.
The Committee adopted, by voice vote, an amendment
by Mr. Andrews (D-NJ) to amend the limit on the percentage of
students with disabilities for which a State may receive
Federal funding.
The Committee adopted, by voice vote, an amendment
offered by Mr. Case (D-HI) to limit attorney's fees.
The Committee adopted, by voice vote, an amendment
offered by Ms. Majette (D-GA) to require GAO to conduct a study
regarding certain State definitions and evaluations.
The Committee adopted, by voice vote, an amendment
offered by Mrs. Davis (D-CA) pertaining to exit evaluations.
The Committee adopted, by unanimous consent, an
amendment offered by Mrs. Davis (D-CA), which would prevent
screenings by teachers from being considered as evaluations for
special education eligibility.
Summary
H.R. 1350, the Improving Education Results for Children
with Disabilities Act of 2003, reauthorizes and amends the
Individuals with Disabilities Education Act (IDEA), which
provides support and protections for children with disabilities
to ensure that they have access to a free appropriate public
education in the least restrictive environment. The legislation
amends Part B--Assistance for Education of All Children with
Disabilities, which supports programs for children aged 3
through 5 years old and children aged 6 through 21 years old.
The Part B program is permanently authorized. The legislation
amends and reauthorizes the Part C--Infants and Toddlers with
Disabilities program that provides supports, services, and
protections for children with disabilities aged birth through
2, and also amends and reauthorizes the Part D--National
Activities to Improve Education of Children with Disabilities
programs.
H.R. 1350 is centered around the following principles for
reform:
Increasing accountability and improving education
results for students with disabilities. Currently, the Act
places too much emphasis on compliance with complicated rules,
and not enough emphasis on ensuring that academic results are
being delivered for children with special needs. As a result of
this misplaced emphasis, too many children in special education
classes have been left behind academically. The No Child Left
Behind Act (NCLB), signed into law by President Bush in January
2002, calls for federally funded schools to be held accountable
to parents for improving results for all students, including
students with disabilities, for the first time ever. Aligning
the IDEA's accountability system with NCLB is essential to
ensuring that children with disabilities have the chance to
learn and succeed academically. H.R. 1350 ensures that States
align their accountability systems for students with
disabilities to the NCLB accountability system and requires
each child's Individualized Education Plan (IEP) to
specifically address that child's academic achievement. The
bill also improves the focus of Part C Infants and Toddlers
program to include the acquisition of pre-literacy skills to
improve the school readiness of these children with
disabilities.
H.R. 1350 makes significant changes to the U.S. Department
of Education's (Department) activities on research of special
education. The bill establishes a National Center for Special
Education Research within the Institute of Education Sciences
and authorizes the creation of a Commissioner for Special
Education Research to oversee the Institute's research into
special education and related services. The bill requires the
Commissioner, with the advice of the Assistant Secretary for
Special Education and Rehabilitative Services, to develop a
research plan to support the activities of the Act and is
designed to serve the long-term interests of the Act. The bill
unifies all of the education research at the Department under
one entity, the Institute for Education Sciences, that takes a
broad view at the needs of education research, including
special education research. This move will help ensure that the
needs of children with disabilities are fully addressed not
only within that arm of the Institute, but through all other
research functions at the Institute. The Committee also intends
this move to improve the overall quality and rigor of the
special education research conducted by theDepartment, and to
ensure that the needs of children with disabilities are included
throughout other research programs conducted at the Institute.
Reducing the paperwork burden. Special education
teachers are leaving the profession out of frustration with the
overwhelming and unnecessary paperwork burden, contributing to
what is becoming a chronic shortage of quality teachers in
special education. H.R. 1350 incorporates such changes as the
multi-year IEP, the use of teleconferencing and video
conferencing, and the development of model forms for the IEP
and procedural safeguards notice. The bill also allows the
Secretary to create a ten State pilot program that allows SEAs
to reduce the IEP paperwork burden on teachers in order to
increase instructional time and resources and improve results
for students with disabilities. Recognizing that parents will
receive report cards on their children under the No Child Left
Behind Act, the duplicative use of benchmarks and short-term
objectives is eliminated for most children with disabilities
beginning in the 2005-2006 school year. However, these
benchmarks or short-term objectives will be allowed to continue
beyond that date for students taking alternate assessments
aligned to alternate standards. Finally, the bill makes clear
that nothing beyond what is clearly laid out in statute is
required to be in an IEP.
Improving early intervention strategies and
reducing the overidentification or misidentification of
nondisabled children, including minority youth. The
overidentification of children as disabled and placing them in
special education where they do not belong hinders the academic
development of these students. Worse, the misidentification
takes valuable resources away from students who truly are
disabled. Experts agree that strengthening the quality of
reading instruction programs across the nation will
significantly strengthen special education and address this
problem directly. This bill allows local educational agencies
to use up to fifteen percent of their funds for prereferral
services for students before they are identified as needing
special education. States are also allowed to establish a
definition for ``developmental delay'' for three to five year
olds to simplify the provision of services and continue to
assist these children to become ready to begin school.
A disproportionate number of minority students are wrongly
placed in special education rather than being provided positive
behavioral interventions and supports and intensive educational
interventions. As Education Secretary Rod Paige has noted,
studies show the proportion of minority students identified in
some disability categories is dramatically greater than their
share of the overall population. More specifically, African-
American students are labeled as mentally retarded and
emotionally disturbed far out of proportion to their share of
the student population. For minority students,
misclassification or inappropriate placement in special
education programs can have significant adverse consequences,
particularly when these students are being removed from regular
education settings and denied access to the core curriculum.
This bill requires local educational agencies with significant
overidentification of minority students to operate pre-referral
programs that work to reduce overidentification. It also
eliminates the sole reliance on a ``wait to fail'' approach for
identification of ``specific learning disabilities'' by
allowing the use of other methods besides the outdated IQ-
achievement discrepancy model. The bill encourages the greater
use of programs that rely on positive behavioral interventions
and supports.
Encouraging innovative approaches to parental
involvement and parental choice. Parents should be active
participants in their child's education experience. However,
often under the current Act, parents of students with
disabilities are not fully informed or are often given limited
options of where or how their child can be educated. H.R. 1350
enables parents and local educational agencies to work together
to make the IEP process work better to serve its intent--
improving the education of the child with a disability.
Specifically, this bill allows parents and the local
educational agency to mutually agree to change the IEP without
holding an IEP meeting and excuse the attendance of any IEP
team member not needed at a specific meeting.
The bill continues to encourage parents to make the best
educational choice for their child by requiring local
educational agencies to support their charter schools by
providing services on site and distributing funds to charter
schools in an equitable manner. H.R. 1350 also allows school
districts to use Part B funds to support supplemental
educational services for students with disabilities in schools
identified in need of improvement under NCLB. Finally, the bill
reforms the parent training centers to focus on all children
with disabilities and serve all parents of children with
disabilities, especially low-income, minority, and limited
English proficient parents.
Supporting general education and special education
teachers. A continuing shortage of special education teachers,
coupled with a shortage of regular education teachers who are
adequately trained to work with students with disabilities,
hinders the educational achievement of students with
disabilities under current law. Both current and prospective
special education and general education teachers should have
professional development to address the educational needs of
students with disabilities. H.R. 1350 aligns the Act with
requirements of NCLB for ``highly qualified'' teachers so that
all students with disabilities are taught by a highly qualified
teacher in core content areas.
The bill refocuses various areas of Part D to support
general education and special education teachers, principals,
and related services providers to better serve children with
disabilities. First, the State Professional Development Grants
(formerly State Improvement Grants) are concentrated on
professional development for school personnel working with
students with disabilities. Second the Personnel Preparation
programs are streamlined and enhanced to encourage training of
general education and education teachers, principals, and
related services providers to work with students with
disabilities. Finally, the National Activities technical
assistance programs have a focus on providing assistance to
teachers for their specific use in the classroom.
Restoring trust and reducing litigation.
Litigation under the Act has taken the less productive track of
searching for technical violations of the Act by school
districts rather than being used to protect the substantive
rights of children with disabilities. This type of litigation
breeds an attitude of distrust between the parents and the
school personnel rather than working cooperatively to find the
best education placement and services forthe child. H.R. 1350
requires complaints that are filed to be clear and specific and
establishes a statute of limitations of one year from the date of the
violation. After a complaint is filed, a resolution session gives local
educational agencies a 30-day opportunity to meet with the parents to
address in detail any complaints before a due process hearing may
occur, within the current 45-day timeline for hearings. Only issues
that have already been raised at an IEP team meeting or the resolution
session may be raised at a due process hearing. The bill encourages the
use of mediation and voluntary binding arbitration to speed the
resolution time so that children with disabilities obtain the needed
services and education in a timely manner. The bill also provides a
rational system of determining attorney fees by requiring the Governor
to set the rate of attorney's fees that may be awarded for actions
under this Act that arise in their State
Ensuring school safety. Schools should be safe for
all students and teachers. All students should be treated the
same when it comes to discipline issues to ensure safety for
all at the school. H.R. 1350 eliminates the dual discipline
system while requiring that educational services continue for a
child with a disability that violates the school code of
conduct. If a violation results in a three-day punishment for a
child without a disability, the child with a disability would
receive the same punishment, while continuing to receive
educational services. The change allows school personnel to
place a child with a disability that violates the school code
of conduct policy in an alternative setting for up to 45 school
days, unless State law provides for a longer term. Where State
law has longer consequences for specific incidents (typically
incidents involving weapons, drugs, aggravated assault, or
pulling a fire alarm), State law would be followed, except
educational services would continue to be provided for children
with disabilities.
Reforming special education funding. The funding
stream under the Act establishes a clear path to reach the 40
percent goal through the discretionary appropriations process.
Committee Views
TITLE I--GENERAL PROVISIONS
Section 101. Sections 601 through 603 of the Individuals with
Disabilities Education Act
Section 601. Short Title; table of contents; findings;
purpose
Section 601 updates the table of contents to reflect
changes made throughout the Act and updates and modifies the
findings to reflect current data on the importance and
continued need for special education and related services for
the nation's children with disabilities. One of the purposes of
the Act is updated to reflect the importance of holding high
standards for children with disabilities. The purpose of
special education and related services is to ensure that
children with disabilities are able to focus on their strengths
and interests to become integrated into the mainstream of
American society. By modifying the purpose to reflect the
importance of further education, the Committee intends to send
the message that children with disabilities have a broad array
of opportunities available to them when they complete their
secondary education and that children with disabilities can
continue on to post-secondary education or to competitive
employment or independent living.
Section 602. Definitions
Section 602 of the Act retains all of the definitions from
the current Act, and adds or expands on a few of those
definitions. The bill amends the definition of a child with a
disability ages three through nine to include any subset of
that age range, including ages three through five. This change
is not intended to change or alter the scope of services
provided to children ages three through nine, but to clarify to
States that they have the flexibility to have a definition of
developmental delay for a child with a disability ages three
through five. The intent of this new provision is to allow
States to provide services to that limited population of
children that are provided services under the Part C program
under the category of developmental delay, but are occasionally
denied services under the Part B Section 619 program if the
State does not have a definition of developmental delay for
that age range. A child at the age of three should not be
denied services due to a transition problem between the two
programs.
The bill adds a new definition of ``highly qualified,'' as
it relates to teachers, to give that term the same meaning as
it has in the Elementary and Secondary Education Act. The
Committee wants to make it clear that all teachers teaching in
core academic subjects should be qualified to teach their
students, especially students with disabilities. The Committee
believes that the requirements outlined under the No Child Left
Behind Act provide a solid foundation for all teachers to
ensure that all students are taught by a qualified instructor.
The Committee wishes to clarify whether school nursing
services are considered related services under the Act. School
nursing services may be an appropriate related service for
children with educationally-related medical needs. School
nurses and school nursing services are utilized to help
students with disabilities participate fully in schools. School
nurses may be the primary caregivers in schools, providing the
specialized health services many children with disabilities
require to assure their inclusion, health and safety in school.
Section 102. Sections 605 through 607 of the Individuals with
Disabilities Education Act
Section 606. Employment of Individuals with Disabilities.
Section 606 is amended to reflect the importance of
providing positive role models to children with disabilities.
The Committee encourages the Secretary of Education
(Secretary), State Departments of Education, and local
educational agencies to continue to make positive efforts to
employ individuals with disabilities as teachers, related
services personnel, early intervention providers, and school
administrators.
Section 607. Requirements for Prescribing Regulations.
Section 607 is significantly revised to reflect the
Committee's intent to implement the enacted law in an efficient
and effective manner. The changes provide States and local
educational agencies with the secure knowledge that once the
law and implementing regulationsare finalized there will not be
significant changes in the way the law is interpreted or implemented
without the opportunity to react to such changes. The bill consolidates
language on regulations that is spread throughout several sections of
the current Act in order to have a clear, concise section on the
Department's authority to regulate under the Act.
The bill clearly expresses the intent of the Committee that
the Secretary should only regulate where necessary and to
ensure compliance with the Act. Further, the Secretary is
prohibited from issuing regulations that violate or contradict
the clear provisions of the Act. The Committee understands that
the implementing regulations for the current Act have caused
confusion where the Act is clear, and have made the
implementation of the Act too complicated. The Committee
encourages the Secretary to take a careful and deliberate
approach to developing regulations, and to expedite the
regulatory process as quickly as possible so that parents,
teachers, school officials, and States can have a thorough and
complete understanding of the law and regulations within one
year of the date of enactment of the bill.
The Committee also feels that, while it is important to
solicit public input on the implementing regulations, it is
also equally important to keep the regulatory process from
causing undue delay in finalizing regulations so that States
and local educational agencies can begin to implement the
reauthorized law in a timely manner. The bill requires the
Secretary to allow public input for at least 60 days on any
regulations issued under this Act. The Committee recognizes the
significant public interest in this Act, and feels that this
timeline is sufficient to allow individuals the opportunity to
review and comment on any proposed regulations.
The bill makes several changes to the requirements
regarding policy letters from the Secretary. The Committee
feels that the Secretary should be particularly thoughtful in
issuing policy letters. The bill maintains the requirement that
policy letters be published in the Federal Register on a
quarterly basis to ensure that there is adequate public
information about any interpretations of policy the Department
issues. H.R. 1350 requires the Secretary to subject policy
letters that establish a rule of compliance to public comment
requirements to ensure that there is adequate notice regarding
the Department's interpretation of the Act. Additionally, the
bill requires the Secretary to clearly state that any
particular policy letter is written solely to the specific
facts of that letter and should not be generally interpreted or
applied to other situations or presentment of facts.
The Committee recognizes the need for the Secretary to
issue correspondence under the Act for a variety of reasons;
however, the Committee is concerned that previous policy
letters have had the impact of being interpreted by States and
local educational agencies to be binding upon them, even in
unrelated situations or circumstances. The Secretary has the
ability, through the regulatory process, to impose rules for
complying with the Act, and should not attempt to use policy
letters to subvert the rulemaking process. This section does
not prohibit or prevent the Secretary from issuing standard
letters of communication regarding specific language in the
bill or implementing regulations, but requires the Secretary to
carefully delineate responses that go beyond a mere recitation
of law or regulation to offering a policy interpretation. Any
letter issued after the date of enactment of the Improving
Education Results for Children with Disabilities Act that
purports to offer an interpretation of policy is subject to the
new requirements of the bill.
Section 103. Section 608 of the Individuals with Disabilities Education
Act
Section 608 is a new section of the Act regarding the
efforts of States to establish their own rules and regulatory
systems to ensure compliance with the Act. The Committee feels
that there is a tremendous amount of confusion about the level
of requirements under the Act, and that it is often convenient
to place responsibility for the burden of the requirements on
the Act or regulations. While the Committee agrees that the Act
and regulations should be clear and concise, it is also clear
that State and local educational agencies have added to their
own burdens by making additional requirements for compliance
with individual State laws regarding the education of children
with disabilities. The Committee is in no way attempting to
reduce State input or State practice in this area, but intends
to make clear what is a Federal obligation and what is a State
or local educational agency requirement for compliance with the
Act. States are encouraged to streamline their own rules,
regulations, and policies relating to this Act to reduce
unnecessary duplication or burdensome requirements that do not
add value to the education of children with disabilities.
States are also encouraged to maintain their focus on improving
results for children with disabilities, rather than on process
compliance, and to ensure that all State policies are designed
to support the improved academic achievement of all students.
Section 104. GAO review; report
The Committee is very interested in reducing the paperwork
burden on teachers, schools, local educational agencies, and
States. To that end, the bill calls for an independent review
of the paperwork requirements under the Act to determine which
requirements are responsible for causing the burden. The bill
calls on the Comptroller General to issue a comprehensive
report regarding the paperwork requirements to enable Congress
to determine what appropriate steps can be made to reduce that
burden and enable teachers to spend more time in the classroom
with children with disabilities.
Section 105. GAO review of certain State definitions and evaluation
processes
To address the issue of over- and under-inclusion of
students in special education, the bill requires the
Comptroller General to study the disparity between the
different interpretations of the subcategories of ``child with
a disability'' in which there is the greatest variability
between States in terms of which students are served by the
Act. This study will look at the degree to which State
interpretations take scientific advancements into account. This
study will allow Congress to review these definitions and
further increase uniformity of application across States thus
ensuring that every child receive the education most
appropriate for their particular needs.
Section 106. Additional GAO study and report
To maintain certification and currency in special education
in many States, teachers are required to obtain professional
development training at specified times. Special education
personnel, however, find it difficult to commute to
institutions of higher education for training, and this problem
can be especially pronounced in rural school systems.
Additionally, to better assist States in encouraging the
development and use of distance learning and technology
forspecial education personnel, it is critical to raise the awareness
of what is currently available in the area of distance learning
professional development. Thus, the bill calls for the Comptroller
General study to research the existing and developing distance learning
and technology programs offered to special education personnel. This
knowledge will help better focus resources and time on developing
programs where they are needed.
Section 107. GAO study on limited English proficient students
The bill requires the Comptroller General to study on how
limited English proficient children are being served under this
Act. This study should consider the process from assessment to
identification to the development of the IEP and the delivery
of services. The report should discuss any barriers that those
children and their families face in accessing special education
services at each point in the process, what States and local
educational agencies are doing to reduce these barriers, and
what additional resources are required to improve special
education services for limited English proficient children. The
report should focus particular attention on the involvement of
bilingual professionals and experts in the field of bilingual
education and teaching English as a second language in the
identification assessment, IEP team meetings, parental
involvement, and delivery of instructional and other services
to limited English proficient children with disabilities. The
report should report on educational results, including academic
achievement in the core subject areas, English language
acquisition, and graduation rates, for limited English
proficient children with disabilities.
TITLE II--ASSISTANCE FOR EDUCATION OF ALL CHILDREN WITH DISABILITIES
Section 201. Authorization; allotment; use of funds; authorization of
appropriations
Section 611. Authorization; Allotment; Use of Funds;
Authorization of Appropriations
Section 611 of the bill retains the existing formula that
sends all funds above the fiscal year 1999 level through a
funding formula to the States based 85 percent on the State's
census data for children aged 3 through 21 (if the State
provides FAPE to children of these ages), and 15 percent on the
State's poverty rate for children aged three through twenty-
one. Distribution of Part B funds within States will be on the
same basis.
The bill continues to include State minimum and maximum
thresholds within the formula to ensure that there is an
equitable distribution of Federal resources through the
formula. The Committee feels that these aspects of the formula
have been proven to be an effective and efficient manner of
distributing resources to the States.
In addition, the Committee seeks to clarify the treatment
of the Freely Associated States (FAS)--the Republic of the
Marshall Islands, the Federated States of Micronesia, and the
Republic of Palau--for the purposes of receiving funds under
this IDEA. The Committee wishes to make clear that the
provisions of P.L. 106-504 govern the distribution of funds
under IDEA to the FAS. Specifically, section 3 of P.L. 106-504
states that the FAS will remain eligible for any Federal
programs, grant assistance, or services of the United States
that they were eligible for October, 1, 1999. This period of
eligibility is to continue through the negotiations on an
extension of the Compact of Free Association and during the
consideration by Congress of any such extension. The FAS were
eligible to receive funds under IDEA on October 1, 1999.
Therefore, the FAS remain eligible for funding under IDEA and
the amendments made to IDEA by the Improving Educational
Results for Children with Disabilities Act of 2003.
Formula cap
The Committee is concerned that there continues to be a
problem with the overidentification of children, particularly
minority children, as having disabilities. To that end, the
Committee has restored a provision within the funding formula
placing a limit on the number of students that can be
identified for the purpose of generating funds under the Act.
The provision places an absolute maximum that is designed, as
the 40 percent level is reached, to prevent States and local
educational agencies from overidentifying students in order to
increase the level of funds distributed through the formula. In
no way is this limitation intended to restrict the number of
children that States can or should identify through appropriate
and scientifically based evaluation methods. States can, and
must, continue to conduct appropriate child find activities to
ensure that all children with disabilities are identified and
offered services under the Act.
The Committee does not believe that individual educators
identify children in order to maximize the level of funds that
flow to the school, district, or State. However, the financial
incentive that some State funding mechanisms have put in place
may unintentionally create an incentive to identify children as
having a disability, or prevent educators or school systems
from appropriately moving a child out of special education. The
Committee encourages States to reexamine their funding
mechanisms to ensure that these unintended incentives do not
exist in their funding mechanisms, and encourages States to
adopt placement neutral funding patterns that do not create the
potential for abuse.
State-level activities
The bill continues the existing funding mechanism for
retention of funds at the State level. States are allowed to
set aside a portion of these funds for the effective
administration of the Act. This amount is linked to the
appropriated funding level of fiscal year 1997 and is increased
at an annual rate to match the rate of inflation or the
appropriation increase, whichever is lower. Due to the
unprecedented increases that Congress has provided over the
past several years, States have been able to reserve
inflationary increases for their State level funds.
The Committee has been made increasingly aware of the need
within States to address the problems districts face when a
child with very expensive special needs is enrolled in the
local educational agency. Local educational agencies are often
overwhelmed by the costs associated with a child with expensive
needs, but are committed to providing such children an
appropriate education. The Committee recognizes and applauds
the efforts of several States to address this problem and feels
that the Act should provide assistance to those efforts and
serve to encourage other States to take similar efforts.
To meet this need, the bill allows States to reserve a
portion of their State level funds for establishing and
implementing a variety of funding mechanisms, consistent with
State law or practice, to provide assistance to local
educational agencies to address the financial burden that a
child with high cost needs presents to a local educational
agency. The bill does not establish a set model or specific
program that States must create. Instead the Committee feels it
is best to rely on the creativity of the States to determine
the best methods of meeting these needs.
Additionally, States are allowed to use their State level
funds for other State activities to support local educational
agency efforts to provide special education and related
services to children with disabilities. The Committee feels
that it is important to use these funds for the costs
associated with general supervision, monitoring, and
enforcement by States and local educational agencies. In
addition, the Committee feels that these State level activities
are important to help effectively implement the law, and
encourages States to use these funds efficiently and creatively
to maximize the impact of these funds.
The bill also retains the language that requires the States
to distribute any funds reserved at the State level in excess
of the increase larger than the rate of inflation directly to
local educational agencies. However, the Committee has made a
significant change to this provision by seeking to align the
activities supported by this funding stream to activities
undertaken through the No Child Left Behind Act. States will be
required to use these funds to provide technical assistance and
direct services to local educational agencies that have been
identified as being in need of improvement due to the
assessment results of students with disabilities. Local
educational agencies will use these funds to provide services
to schools, including professional development for special
education and regular education teachers, to improve results
for children with disabilities.
The Committee believes that these are important activities
and are an essential component of the effort to improve
academic achievement for children with disabilities. The No
Child Left Behind Act, signed into law by President Bush in
January 2002, calls for Federally funded schools to be held
accountable to parents for improving results for all students,
including students with disabilities, for the first time ever.
Aligning the IDEA's accountability system with the No Child
Left Behind Act is essential to ensuring that children with
disabilities have the chance to learn and succeed academically.
This activity will help that alignment and ensure that local
educational agencies are focusing on improving results for
children with disabilities.
Bureau of Indian Affairs schools
The Committee is also concerned about reports that funds
have not been distributed in an effective and efficient manner
to schools under the jurisdiction of the Bureau of Indian
Affairs (BIA). The bill requires the Secretary of the Interior
to take affirmative steps to ensure that the allotted funds are
distributed quickly to the BIA schools in order to ensure that
these schools have the resources they need to provide services
to children with disabilities. Consistent with other reporting
requirements, the bill requires that the Secretary of the
Interior provide an annual report on the condition of special
education and related services in BIA schools and has updated
language in this section to that effect.
Funding
In 1975, when the Act was originally enacted, Congress
established the goal of providing up to 40 percent of the
national average per pupil expenditure to assist States and
local educational agencies with the excess costs of educating
students with disabilities. Historically, the appropriations
for the Act have not come close to reaching the 40 percent
level. In the years prior to 1995, funding for the Part B
program reached roughly 7 percent of the average per pupil
expenditure.
Funding for the Individuals with Disabilities Act (IDEA)
has been increased by nearly 300 percent during the previous
seven years of Republican leadership, with special education
grants to states reaching nearly $9 billion in fiscal year
2003. This comes in stark contrast to special education funding
during the previous seven years of Democrat control, during
which special education grants to states increased by less than
$1 billion overall. Under Republican control, Congress has
shown unwavering support for the needs of children with
disabilities by providing funding increases at an average
yearly level of 18.6 percent--a rate of increase showing clear
determination to ensure the federal share of special education
costs reaches 40 percent.
In H.R. 1350, the Committee has established a clear and
genuine pattern to reach the 40 percent goal within the next
seven years. The Committee strongly supports the action taken
in the FY 2004 Budget Resolution Conference Report which
includes a $2.2 billion increase for FY 2004 over the previous
year and a $2.5 billion increase for FY 2005 over the FY 2004
level. This is a clear commitment from this Committee to reach
the 40 percent goal, and is the most realistic and
straightforward approach that should be taken.
The bill also maintains the Act as a discretionary program.
The Committee feels that making the Act a mandatory funding
program would create great difficulty in making necessary
changes to the program in future years to improve services for
children with disabilities. Under mandatory programs, any
changes must be scored to determine their financial impact. Any
changes or improvements to the program in future years that
cost money would require other offsets to be found to pay for
any changes. In the long run, making the Act a mandatory
funding program could prevent the Act from receiving
substantial funding increases. In the late 1980s the Vocational
Rehabilitation State Grant program was made mandatory through a
required annual cost of living increase. Since then, the
program receives only this cost of living increase. The Part B
program of the Act is experiencing much more substantial
funding increases as a discretionary program.
Section 202. State eligibility
Section 612. State Eligibility.
Section 612 establishes the conditions of State eligibility
for Part B funds. Most provisions are retained from current law
and new provisions have been added to improve services and
compliance with the Act.
The Committee is concerned that the Department has
overemphasized compliance with process and relied on gathering
paperwork in determining the eligibility of the States under
the Act. While the Committee agrees that States should be able
to demonstrate their intention and ability to comply with the
provisions of the law, the Committee also recognizes that the
Department has occasionally been overzealous in its oversight
responsibility. Accordingly, the bill includes language
modifying the standard of oversight to allow States to
reasonably demonstrate to the Secretary that the State has in
effect policies and procedures to ensure compliance with the
Act. The Committee does not intend this to imply that the
States do not need to implement effective policies or
procedures under the Act or demonstrate the existence of
effective policies and procedures. The change in language is
not intended to provide a rationalization to States for failure
to effectively implement the Act. Instead, the change is
intended to ensure that the Secretary is focused on ensuring
overall compliance with the Act and not forcing States to
change individual words or phrases within their laws, policies,
or regulations unless there is a clear contradiction of
substantive portions of the Act. For example, this provision
would allow States to include in its application cites to
specific policies or procedures; however, it would no longer
require State to send boxes upon boxes of copies of each policy
or procedure for the Department to review.
Private school students
The bill makes a number of changes to clarify the
responsibility of local educational agencies to children with
disabilities who are placed by their parents in private
schools. The Committee feels that these are important changes
that will resolve a number of issues that have been the subject
of an increasing amount of contention in the last few years.
First, the bill clarifies that the proportional amount of money
obliged to be used to provide special education and related
services to children in the State with disabilities who have
been placed by their parents in private schools must be used to
provide some direct services. The Committee expects that the
majority of the funds expended for this purpose will be for
direct services, while the remainder may be used for indirect
services such as professional development of private school
teachers to work with children with disabilities and counseling
to assist private school personnel in meeting the needs of the
child with a disability. Further, the bill retains language in
current law making it clear that the cost of evaluating these
children under a State's child find process may not be
considered in meeting the proportional obligation.
Second, the bill requires local educational agencies to
document the number of these children served with the
proportional funds. Such requirement ensures that these funds
are serving their intended purpose. Third, the bill continues
to point out that local educational agencies may provide the
special education and related services funded under Part B on
the premises of private, including religious, schools.
This provision, originally designed to implement the
principle in the Supreme Court decision, Zobrest v. Catalina
Foothills School District (holding that a sign interpreter for
a deaf student at his parochial school paid with Part B funds
was not a violation of the Establishment Clause of the First
Amendment), remains in this bill. The Committee wishes to make
clear that local educational agencies should provide direct
services for parentally-placed private school students with
disabilities (as for most students) on site at their school,
unless there is a compelling rationale for such off-site
services. Such intent indicates the preference that providing
services on site at the private school is more appropriate for
the student and less costly in terms of transportation and
liability.
The bill addresses how child find should be conducted for
parentally-placed private school children with disabilities.
The bill requires that a State's child find process be designed
to ensure the equitable participation of these children. Local
educational agencies must undertake similar activities to
identify these children as it does for its other public school
children.
Finally, the bill spells out the required consultation
process between the local educational agency and
representatives of children with disabilities parentally-placed
in private schools (including both parents and private school
officials) to be used in designing and developing special
education and related services for these children. The
consultation must occur on the issues of the child find
process, the determination of the proportional share, the
continuous evaluation of children throughout the school year,
and the provision of special education and related services. If
private school officials believe the consultation process has
not been followed, they have the right to appeal to the State
Educational Agency, a process similar to appeal available to
them under section 1120(b)(5) of Title I of the Elementary and
Secondary Education Act of 1965. The bill further clarifies
that the provision of special education and related services
may be made by either the local educational agency or through
contracts by the local educational agency with an individual,
association, agency, organization or other entity, as long as
the title to any materials, equipment or property remain with
and all administered by the local educational agency.
Special education teachers
The bill makes several changes to sections 612(a)(14) and
(15). The bill eliminates section 612(a)(14) that requires
States to develop a comprehensive system of personnel
development. The Committee is not convinced that the current
requirement has proven to be of any added value to State
efforts to secure an adequate supply of qualified personnel and
has, instead, become a burdensome paperwork exercise. The bill
also requires States to ensure that special education teachers
that teach in a core academic subject are highly qualified in
those subjects. This is one of the several important links that
the Committee has made between this Act and the No Child Left
Behind Act. Under the No Child Left Behind Act, Congress
established rigorous criteria that all teachers, including
special education teachers, must meet in order for the State to
receive Federal funding. The Committee believes that this bill
should reflect those important changes and ensure that all
children, including children with disabilities, are taught by a
highly qualified teacher.
The bill also eliminates language allowing local
educational agencies to delay the hiring of adequately trained
personnel for three years. The Committee takes this action for
two reasons. First, by aligning with the No Child Left Behind
Act, the Committee feels that there is adequate flexibility in
the hiring and training of teachers. Second, as discussed
below, by eliminating the requirement that related services
personnel need to meet the highest certification in the State
for the profession, the Committee feels that it is reasonable
to expect States and local educationalagencies to provide an
adequate supply of highly qualified, well-trained individuals to
provide related services.
To maintain certification and currency in special education
in most States, teachers are required to obtain professional
development training at specified times. Special education
personnel, however, find it difficult to impossible to commute
to institutions of higher education for training. This problem
can be especially pronounced in rural school systems. The
Committee is interested in encouraging States to develop and
use distance-learning technology for professional development
for special education personnel. Accordingly, the bill includes
a requirement that States implement distance-learning
opportunities for professional development programs to benefit
special education teachers. Yet, the Committee also recognizes
that this may take time and does not intend for the States to
be penalized for not having such distance programs available
immediately for all special education personnel.
As it relates to related services personnel, the bill
removes language from current law that forces States to ensure
that these personnel meet the highest requirement in the State
applicable to a specific profession. While the Committee is
interested in securing a high quality workforce to provide
services to children with disabilities under the Act, the
Committee does not feel it is advantageous to require States to
meet an unreasonably high threshold, which has the effect of
making the provision of these services increasingly scarce and
more expensive. Therefore the Committee eliminated this
requirement while still allowing States to establish their own
measures of high quality related services personnel.
Academic achievement of children with disabilities
The bill makes a series of significant modifications to
reflect the important changes to accountability that were
enacted under the No Child Left Behind Act. The No Child Left
Behind Act established a rigorous accountability system for
States and local educational agencies to ensure that all
children, including children with disabilities, are held to
high academic achievement standards and that States and local
educational agencies are held accountable for the adequate
yearly progress of all students. Most importantly, the No Child
Left Behind Act requires schools and local educational agencies
to disaggregate their data to examine the results of children
with disabilities and ensure that such subgroup is making
adequate yearly progress towards reaching proficiency. The bill
carefully aligns the IDEA with the accountability system
established under the No Child Left Behind Act to ensure that
there is one unified system of accountability for States, local
educational agencies, and schools.
Assessments
Section 612(a)(16) makes clear that the requirements of the
No Child Left Behind Act regarding participation of children
with disabilities in State and district-wide assessment systems
applies under the Act. The bill requires States to ensure that
all children with disabilities participate in the general State
and district-wide assessment programs, with appropriate
accommodations, as necessary. The bill also encourages States
to develop and implement appropriate and rigorous alternate
assessments aligned to State standards for students that cannot
participate in the regular assessment. The Committee recognizes
that this is not a new requirement and that States are
currently under the obligation to have in place alternate
assessments for their students. However, since many States have
failed to implement this existing provision, the Committee
encourages the Secretary to take this failure into
consideration for compliance purposes. While the Committee is
encouraged at actions taken by the Secretary in the most recent
fiscal year, the Committee reminds the States and the Secretary
that this requirement is one of the many conditions that must
be met in order to be eligible to receive funds under Part B of
the Act and that failure to meet this condition may place a
State's eligibility in jeopardy.
The bill also makes clear that States have an affirmative
obligation to determine what types of accommodations can be
made to assessments while maintaining their reliability and
validity. The bill requires States to develop and implement
guidelines on appropriate accommodations. The Committee intends
that this provision will serve as a valuable tool for the IEP
Team as they determine which assessments a child with a
disability should take, and which accommodations are
appropriate. The Committee is intent on ensuring that each
child with a disability receives appropriate accommodations,
but is equally intent that these accommodations not invalidate
the particular assessment. In developing the guidance on
accommodations, the Committee encourages States to work with
test publishers, assessment experts, special education
teachers, and other experts to maximize the opportunities for
children with disabilities to participate in regular
assessments. The Committee also requires the IEP Team to
thoroughly review and consider which accommodations are
appropriate for the individual child to ensure that the
assessment is meaningful and valid for the child.
Instructional materials for blind and print-disabled
students
The Committee is concerned the many blind or print-disabled
students are regularly denied timely access to instructional
materials. Currently, these instructional materials, in
specialized formats such as Braille, synthesized speech, and
digital text, often do not get to the students who need them in
a timely manner, which should be the same time fellow students
without print disabilities are receiving their copies of the
materials. Diverse file format requirements among the States
and, sometimes, even within States, make it difficult for
educational agencies to obtain required textbooks from
publishers in the form of electronic files suitable for use in
reproducing the material in a specialized format for
accessibility. The most frequently required file formats (e.g.,
ASCII) are ill-suited for the needs of those who actually use
the publisher-provided files (pursuant to a special exemption
in the Federal Copyright Act) to reproduce and distribute
copies of the required instructional materials in the needed
specialized formats.
The bill adds a new provision to section 612 of the Act
regarding instructional materials for blind and print disabled
students. The provision is intended to provide students who are
blind or have other print disabilities (as defined under
current law) with more timely access to instructional materials
used in elementary and secondary schools. The bill requires
States to adopt the national instructional materials
accessibility standard in its arrangements for getting such
materials reproduced in specialized formats that are accessible
to blind and print-disabled students.
The Committee recognizes the important work that the
Department has already started in this area. This new provision
in the bill requires States to adopt that standard in a timely
manner after it is published by the Secretary in the Federal
Register. Not later than two years after the date of enactment
any purchase agreement for instructional materials (as defined
in the bill) all State contracts with textbook publishers must
include that standard. The bill provides a two-year transition
period for applying the standard to meet the adaptation needs
of the publishers who must provide the files, the needs of the
authorized entities who actually use the files to convert the
printed instructional materials into specialized formats, and
the needs of States to modify and update their contracts with
publishers.
Overidentification
The Committee has heard from numerous experts through
testimony and other opportunities regarding the
overidentification of minority students. Secretary of Education
Roderick Paige testified to the Education and Workforce
Committee that:
For minority students, misclassification or
inappropriate placement in special education programs
can have significant adverse consequences, particularly
when these students are being removed from regular
education settings and denied access to the core
curriculum. Of particular concern is that, often, the
more separate a program is from the general education
setting, the more limited the curriculum and the
greater the consequences to the student, particularly
in terms of access to postsecondary education and
employment opportunities. The stigma of being
misclassified as mentally retarded or seriously
emotionally disturbed, or as having a behavioral
disorder, may also have serious consequences in terms
of the student's self-perception and the perception of
others, including family, peers, teachers, and future
employers.
The Honorable Chaka Fattah, Member of Congress (D-PA),
stated in his testimony to the Education and Workforce
Committee that ``the misplacement of students in special
education stigmatizes and denies students the opportunity of a
high quality education.''
Research shows that African Americans are nearly three
times as likely to be identified as mentally retarded as their
peers and nearly twice as likely to be labeled emotionally
disturbed. Several high quality studies and scientific analyses
have demonstrated that there is no correlation between race and
disability. The Committee is very concerned about the problem
of overidentification and disproportionate representation of
minority children in special education, and has adopted several
strategies throughout the bill to address these issues. The
bill requires States to have policies and procedures in place
to prevent the overidentification or disproportionate
representation of children as having disabilities. The
Committee recognizes that the identification process requires
individualized decisions that are appropriate for the
individual child that may, when aggregated together, indicate a
potential overidentification problem. The Committee does not
intend to penalize local educational agencies for making
appropriate decisions for each individual child. The Committee
encourages States to develop positive and proactive methods of
dealing with this problem.
Appropriate procedures include the use of rigorous methods
of evaluation and classification of disability to ensure that
the evaluation procedures provide consistent results rather
than subjective decisions, the provision of high quality
professional development to ensure that teachers and evaluators
understand the identification process, and the implementation
of high quality, scientifically based instruction for all
children. States should not establish blanket policies that do
not take into consideration the needs of the individual
children within the district, but should vigorously examine any
district that the State suspects has an overidentification or
disproportionality problem to ensure that children are not
being inappropriately identified as being disabled. The
Committee further encourages local educational agencies to make
effective and appropriate use of the prereferral services
option discussed below to help address this problem.
Psychotropic medication
The Committee has been made aware of incidents where local
educational agency officials have required parents to place
children on psychotropic medication in order to attend school
or receive services. The Committee feels that school officials
should not presume to know what medication a child needs, or if
the child even needs medication. Only medical doctors have the
ability to determine if a prescription for a psychotropic drug
is appropriate for a child. However, the Committee wants to
stress the importance of open and effective communication
between the parent and school officials (including teachers)
regarding the needs of the child as a whole.
Accordingly the bill requires States, as a condition of
receiving funds under the Act, to establish policies and
procedures prohibiting school personnel from requiring a parent
to obtain a prescription for their child for drugs listed under
the Controlled Substances Act in order to attend school or
receive services. The Controlled Substances Act regulates the
manufacture and distribution of narcotics, stimulants,
depressants, hallucinogens, anabolic steroids, and chemicals
used in the illicit production of controlled substances. The
Controlled Substances Act places all regulated substances into
one of five schedules. This placement is based upon a
substance's medicinal value, harmfulness, and potential for
abuse or addiction.
Section 203. Local educational agency eligibility
Section 613. Local Educational Agency Eligibility.
The Committee is concerned that the Department has
overemphasized compliance with process and focused on a
reliance on gathering paperwork--a practice that States have
copied when determining the eligibility of local educational
agencies. The Committee agrees that local educational agencies
should be able to demonstrate their intent and ability to
comply with the provisions of the Act. Accordingly the bill
includes language allowing local educational agencies to
reasonably demonstrate to the State that they have in effect
policies and procedures to ensure compliance with the Act. The
Committee does not intend this to imply that the local
educational agencies do not need to implement effective
policies or procedures under the Act, nor is the language
intended to provide a rationalization to local educational
agencies for failureto effectively implement the Act. Instead,
the change is intended to ensure that the State is focused on ensuring
overall compliance with the Act.
Local use of funds
Within Section 613, the bill retains the authority of the
local educational agency to treat as local funds the increase
from one year to the next, when amounts appropriated under
section 611 exceed $4.1 billion. The bill does add this
provision to require the local educational agency to use those
funds to provide additional funding for programs supported
under the Elementary and Secondary Education Act. The Committee
feels that Congress appropriated these funds to be used for
educational activities and that these funds should continue to
be used for educational purposes.
The bill also changes the standard that allows the State to
prevent the local educational agency from exercising the
authority to treat Federal funds as local funds. The Committee
feels that the State should meet an exceptionally high standard
to prevent local educational agencies from exercising local
control over these funds. The bill requires the State to
determine that the local educational agency is unable to
establish and maintain programs of free appropriate public
education in order for the State to prevent the local
educational agency from exercising this authority. The
Committee reminds States that if such a determination is made,
then the State has an affirmative obligation under other
sections of the Act to take control of the local educational
agency's special education program.
New provisions in section 613 give local educational
agencies greater flexibility in the use of part B funds to meet
the needs of prereferral services, high cost special education
services, case management and administration, supplemental
educational services for children with disabilities, and
providing services to charter schools.
High cost special education and related services
The Committee has been made increasingly aware of the needs
of local educational agencies to provide services to children
with very expensive special needs. Local educational agencies
are often overwhelmed by the costs associated with a child with
expensive needs, but are committed to providing such children
an appropriate education. The Committee recognizes and applauds
the efforts of several States to address this problem and has
provided flexibility to States to address this issue with State
funds elsewhere in the Act.
However, as another tool to help meet this need, the bill
includes as an allowable use of local educational agency funds
the ability of local educational agencies on their own or
working in consortium with other local educational agencies to
reserve funds to establish and implement any of a variety of
funding mechanisms, consistent with State law, to provide
services to a child with high cost needs. The bill does not
establish a set model or specific program that local
educational agencies must create or implement. Instead the
Committee feels it is best to rely on the creativity of the
States and local educational agencies to determine the best
methods of meeting these needs.
Technology in the IEP
The Committee has heard from hundreds of teachers,
principals, and parents who have concerns that local
educational agencies do not have the ability to use modern
technology for record keeping, data collection, and developing
IEPs. Mr. Gregory J. Lock, principal of Oak View Elementary
School in Fairfax, Virginia, testified to the Subcommittee on
Education Reform that the Act should ``provide for the use of
technology to automate the written components of the IEP
process in order to reduce the time spent on the preparation of
the IEP.''
The Committee has even heard from teachers who have been
required to hand write all of their IEPs, and rewrite IEPs from
the beginning whenever any changes are made to the IEP. The Act
does not contain any such requirements or prohibit the
appropriate use of technology. The Committee encourages local
educational agencies to use technology appropriately in
implementing this Act. To further this goal, the bill allows
local educational agencies to use funds under the Act to
purchase appropriate technology to improve the administration
of the Act and to reduce the paperwork burden on teachers.
Supplemental educational services
The bill also allows local educational agencies to use
their Part B funds to support supplemental educational services
for children with disabilities in Title I schools in need of
improvement. The bill supports access for children with
disabilities to supplemental educational services and their
parent's ability to pick the best provider. All children in
schools which fail to make adequate yearly progress under the
Elementary and Secondary Education act for three consecutive
years, especially children with disabilities, should be given
an opportunity for supplemental educational services. Expanding
access to more eligible supplemental educational services
providers will help improve results for their children with
disabilities.
Currently under the No Child Left Behind Act, local
educational agencies are limited in the amount of funds that
can follow a child to his or her chosen supplemental
educational services provider. However, the Committee is aware
that there may be extra costs associated with providing
necessary accommodations to serve children with disabilities.
This provision allows local educational agencies to decide
whether to use funds under this Act to meet those extra costs
and ensure that these children have access to the same
supplemental educational services providers as other children
in the school. This change is a logical extension of the No
Child Left Behind Act to ensure that children with disabilities
have access to the full measure of options for supplemental
educational services.
It should be made absolutely clear that this provision only
allows local educational agencies to supplement the current
level of funding available to these children under the No Child
Left Behind Act with funds under this Act, and in no way is
intended to allow the supplantation of the required funding
under the No Child Left Behind Act. Allowing local educational
agencies to choose to use these funds to supplement its other
efforts ensures that students with disabilities in schools in
need of improvement are not limited to only the district or
State provider of supplemental educational services.
Charter schools
The bill also amends two provisions concerning how charter
schools that serve children with disabilities are treated when
they are part of local educational agency. The current Act
includes provisions to ensure that charter schools are treated
equitably both in the distribution of funds and the provision
of services. In situations where charter schools are within a
local educational agency, the bill modifies current law because
it has been interpreted by the Department as preventing a local
educational agency from providing funds to charter schools on a
proportional basis unless the local educational agency provided
funds directly to its other schools. Such a determination fails
to account for the fundamental difference in a school that
operates independently and adheres to a charter or performance
contract. The Committee intends that charter schools be able to
provide services to children with disabilities under the Act.
To remedy this problem, the bill continues to require local
educational agencies to serve children with disabilities in its
charter schools in the same manner it serves its other public
school students. It further clarifies that this requirement
includes providing supplemental and related services on site at
the charter school where the local educational agency has a
policy or practice of providing these services on site at its
other public schools.
The bill also modifies the requirement for how local
educational agencies provide funds to its charter schools. This
provision clarifies that the local education agency must
provide funds for charter schools serving children with
disabilities on the same basis and at the same time as it
serves children with disabilities in its other schools. The
bill directs local educational agencies to provide charter
schools with funds under section 611 determined by their direct
proportional distribution based on relative enrollment and at
the same time that it provides other Federal funds. The
Committee intends that local educational agencies should not
withhold services or funds from charter schools as such actions
serve only to deprive children with disabilities of their right
to a free appropriate education and only further polarize the
charter school and the local educational agency from working
together.
Prereferral services
The Committee heard from numerous individuals who have
called for providing assistance to students on the verge of
being identified in need of special education services. Dianne
Talarico, Superintendent of the Canton City School District in
Canton, Ohio, testified to the Subcommittee on Education Reform
that:
Too often students are referred to special education
because they are not succeeding in the general
education setting and they need extra support or
intensified instruction. While they do not need special
education, they are referred there anyway. Frankly, too
many general educators are not skilled in meeting a
diverse range of student learning needs, so they are
eager to ``dump'' students out of their classes and off
of their rosters so they are not responsible for them.
The bill includes a significant new provision regarding
support for prereferral services to benefit children before
they are referred to special education. The bill allows local
educational agencies to use up to fifteen percent of their
allocation under section 611 to develop and implement
comprehensive coordinated prereferral educational support
services for students not yet identified as having a
disability. These funds should be used in coordination with
other education funds and programs to provide high quality,
intensive services to students that need additional academic
and behavioral support in a general education environment.
The Committee understands that this is an important new
concept to the Act that will have a beneficial impact on the
lives of children. The Committee's intent with this new
provision is to provide flexibility to local educational
agencies to establish a comprehensive coordinated system of
services to children that may be on the verge of manifesting a
disability or are at risk of being inappropriately identified
as having a disability.
The Committee has heard testimony and received a
significant level of requests from teachers and school district
officials for the ability to provide intensive services to
students that might otherwise be referred to special education,
even if the student does not have an identifiable disability.
The Committee feels that a substantial number of children,
particularly minority children, are being inappropriately
referred to special education primarily because of reading
difficulties or behavior problems. While such a referral may
provide an immediate or short-term solution to the problem,
such actions are not in the long-term interest of the child and
are antithetical to the intent and purpose of the Act.
The Committee encourages local educational agencies to use
this flexibility to provide regular education and special
education teachers high quality professional development
programs to ensure that all teachers are able to use
scientifically based academic instruction methods, particularly
methods in literacy and reading instruction. The Committee
feels that providing such high quality professional development
will benefit the children served under this section as well as
all other children served under the Act by improving the skills
of teachers.
The Committee encourages local educational agencies to
provide direct services, especially scientifically based
literacy instruction, and speech therapy services where
appropriate, to students served under this section to remedy
any reading deficiencies that the students may have and to
adequately assess and evaluate the skills of these students.
The Committee believes that the provision of these services and
the use of the variety of evaluation and assessment methods
that accompany the provision of scientifically based literacy
instruction will help differentiate between students who have
different learning styles and students that have disabilities,
especially learning disabilities. The Committee has heard
experts discuss the difference between a reading difficulty and
a reading-based learning disability, and encourages local
educational agencies to take careful steps to make these
determinations with their students. The Committee reminds local
educational agencies that a child with a reading difficulty
cannot be identified as a child with a disability if the
determinant factor is their reading difficulty. However,
children with reading-based learning disabilities can, and
should, be appropriately identified as disabled.
The Committee also encourages local educational agencies to
provide positive behavior interventions and supports to
children that have demonstrated behavior problems within
school. The Committee understands that a significant number of
students, particularly African American males, are
inappropriately referred to special education and identified as
having an emotionaldisturbance. The Committee has heard
testimony from experts regarding the appropriate use of positive
behavior interventions and supports, and encourages local educational
agencies to implement these constructive strategies to reduce the level
of inappropriate behavior by individuals and to improve the overall
educational environment within the school building.
In creating the opportunity for local educational agencies
to develop and implement these prereferral services, the
Committee is also aware of the potential for confusion
regarding the appropriate use of these services. The Committee
does not intend for these services to be operated in settings
that create the potential for a separate system for the
students served under this section. While it may be appropriate
to provide some intensive services in a separate setting, the
substantial majority of these services should be provided in
the regular education setting to students with their disabled
and non-disabled peers.
The bill is also explicitly clear that children served
under this section do not have the same rights and protections
as students that are identified as eligible for services under
the Act in sections 614 and 615. Children served under this
section do not have a right to a free appropriate public
education in the least restrictive environment, and being
served under this section does not trigger the local
educational agency's responsibility to have known the child had
a disability under section 615(j). However, the Committee does
not intend for the provision of these services to delay or
deny, in any way, the appropriate referral and evaluation of a
child to determine whether the child has a disability. Local
educational agencies are not authorized to delay the
implementation of a requested evaluation by providing services
under this section. The Committee also reminds local
educational agencies that other obligations exist regarding
parental consent for the provision of educational services.
The Committee is also very interested in rigorous data
collection efforts under this section to ensure that the
services provided under this section are effectively
implemented. The Committee encourages States and the Department
to establish a vigorous reporting system for local educational
agencies that decide to use this flexibility in order to
evaluate the effectiveness of this program and to determine the
breadth and depth of the impact of these services.
Section 204. Evaluations, eligibility determinations, individualized
education programs, and educational placements
Section 614. Evaluations, Eligibility Determinations,
Individualized Education Programs, and Educational Placements.
Empowering parents to be more involved in the decisions
about the education of their child is the focus of many changes
in section 614. The Committee feels that parents should be
integral partners in the development of their child's IEP and
has made several changes to the development process of the IEP
to empower parents to establish effective working relationships
with their child's school to develop effective IEPs. The
Committee also had the goal of reducing the paperwork burden
that is often associated with the IEP. The bill will help
reduce the paperwork burden on teachers so that they are able
to spend more time working with students. The excessive amount
of paperwork currently inherent in the process overwhelms and
burdens teachers, robbing them of time to educate their
students. It also makes it more difficult for school districts
to retain and recruit highly qualified special education
teachers. Teachers must have the ability to spend more time
with their students in the classroom, rather than spending
endless hours filling out forms that do not lead to a better
education for students.
Parental consent
The bill clarifies the rights of parents with regard to
initial evaluation and services for their child. Parents have
the right to refuse both the initial evaluation of their child
as well as the provision of services to their child under the
Act. However because of the obligation to conduct child find,
the law permits, but does not require, the local educational
agency to override parental consent for the limited purpose of
the initial evaluation. Next, the bill strengthens parental
consent provisions to ensure that parental consent is required,
and cannot be overridden, when it comes to the provision of
services. This provision clarifies the distinction between the
initial evaluation and the provision of services. This bill
further clarifies that local educational agencies are not
required to draft an IEP for a child if the parent has refused
their consent for services. The Committee does not expect local
educational agencies, as part of the required child find
process, to feel compelled to override the refusal of a parent
to consent to an evaluation if the parent has clearly indicated
their refusal to consent to an initial evaluation and their
intention to refuse the offer of special education and related
services for their child.
Evaluations
The bill clarifies that diagnostic testing and screening by
teachers to determine the appropriate curricular placement and
interventions is not to be considered an evaluation for the
purposes of determining eligibility for services under the Act.
Reevaluations
The bill makes changes to the reevaluation process to
enable the local educational agency to reevaluate the child if
his or her educational needs, including improved academic
achievement, make such a reevaluation necessary. The bill
maintains the ability of the parent or the teacher to request a
reevaluation and retains the requirement that reevaluations
occur at least once every three years. The bill makes one
important change to the triennial evaluation by allowing the
parent and the local educational agency to agree that it is not
necessary to reevaluate the child. Many parents and school
district officials have suggested to the Committee that it is
not necessary to reevaluate every child, and this change allows
the parent to make that determination. The bill also makes
clear that local educational agencies are only required to
provide one reevaluation a year, unless the local educational
agency chooses to conduct an additional reevaluation if the
child's educational needs suggest to the local educational
agency that such a reevaluation is necessary.
The Committee is concerned that the evaluation procedures,
assessments, and diagnostic tools have become moribund and
resistant to change as better evaluation procedures have become
available. The Committee strongly believes that local
educational agencies should use the most up-to-date measures,
assessments, and evaluation practices that have been
independently verified to be valid and reliable for the purpose
that the measures are designed toevaluate. To that end, the
bill updates the description and the requirements regarding the
measures used for evaluations and encourages the Department to work
with the States and local educational agencies to determine which
measures are most appropriate for evaluating whether a child has a
disability.
Overidentification of students
The Committee is discouraged by the practice of
overidentifying children as having disabilities, especially
minority students, largely because the children do not have
appropriate reading skills. Special education is not intended
to serve as an alternative place to serve children if the local
educational agency has failed to teach these children how to
read. The bill updates language within the Act to contain a
specific requirement that a child cannot be determined to be a
child with a disability solely because the child did not
receive scientifically based instruction in reading. With the
combination of programs authorized under the Elementary and
Secondary Education Act, particularly Reading First and Early
Reading First, and the prereferral services concept under
section 613, the Committee hopes that local educational
agencies will improve their reading and literacy instruction to
enable all children to read at grade level by the third grade.
The Committee believes that these changes will help reduce the
number of children being inappropriately referred to, and
identified under, special education and should encourage
schools to improve their programs on these subjects in early
grades.
Specific learning disabilities
Dr. Robert Pasternack, Assistant Secretary for Special
Education and Rehabilitative Services at the U.S. Department of
Education, testified before the Subcommittee on Education
Reform regarding specific learning disabilities and appropriate
methods of identification of that disability. He testified
that:
The convergence of scientific research about LD
[``Learning Disabled''], especially reading
difficulties associated with LD, has placed us on the
edge of new knowledge that we did not have even a few
short years ago. We now know, for example, that the way
we have traditionally looked at assessment of learning
disabilities needs to be re-thought based on recent
research in the use and role of IQ tests in assessments
for eligibility. We know that using IQ discrepancy
between the test and performance is not always an
indicator of a learning disability. Indeed, some
research indicates that if a child who reads slowly has
IQ scores that are above average, that child might
receive services under the IDEA based on the
discrepancy between the IQ scores and the reading
ability. On the other hand, another child who also
reads slowly but has IQ scores that are average may not
receive any services because of the lack of a
significant discrepancy. Such approaches to assessment
may clearly result in some children who need services
not getting them while others who do not need them will
receive them.
The bill includes very clear language regarding the
determination of eligibility for students as having a specific
learning disability. The Committee is discouraged by the
widespread reliance on the IQ-achievement discrepancy model
that serves as the determining factor of whether a child has a
specific learning disability. The Committee does not disregard
the research base that supports the appropriate use of IQ
tests, but the Committee acknowledges the widespread misuse of
those measures. The bill specifically allows local educational
agencies to continue to use the discrepancy model. However, the
Committee hopes that local educational agencies that continue
to use the discrepancy model will take great efforts to ensure
that the application of the discrepancy model falls within the
appropriate guidelines of the IQ assessment, and that
evaluators do not rely solely on a simple test score, but place
that result within the larger context of the child's individual
abilities.
The Committee is greatly encouraged by the growing use of
alternative measures that are being used in place of the IQ-
achievement discrepancy model. Dr. Douglas Carnine, director of
the National Center to Improve the Tools of Educators at the
University of Oregon, testified to the Subcommittee on
Education Reform that:
Given the converging evidence and agreement in the
field that we must do something better for our
children, the following model is recommended as the
basis to improve how we provide early intervention and
identification: Response to Intervention Model (RTI). A
RTI model would be designed to ensure that children who
are indicating a likelihood of failing in the early
grades receive scientifically based instruction as soon
as possible.
The eligibility for special education services would
focus on the children who, even with these services,
are not able to be successful. The focus of RTI is on
responding to the instructional challenges caused by
the disability, not on giving tests to document the
failure of the student.
The Committee encourages local educational agencies to take
advantage of the prereferral services in section 613 to provide
early intervention services to students and accompany those
services with rigorous evaluation methods and curriculum-based
assessments to measure the progress of the child. Through the
application of high quality instruction, delivered by well-
trained individuals, local educational agencies will be able to
differentiate between children that have different learning
styles and children that have disabilities. The experience of
some local educational agencies and States that have adopted
other methods, such as ``Neverstreaming'' or ``response-to-
intervention'' have demonstrated that scientifically based,
rigorous assessment methods exist and should serve as models
for other local educational agencies and States to follow.
David W. Gordon, Superintendent of the Elk Grove Unified
School District in Elk Grove, California testified to the
Subcommittee on Education Reform that:
Neverstreaming changes the paradigm from failing
first to preventing failure in the first place. By
changing that paradigm through constant vigilance, we
actually promote prevention over reactive models.
Prevention means that you prevent the child from
backsliding educationally to the point where support is
only available through separate program models that
require long-term remediation with very little chance
of catching up to the grade level group.
The Committee encourages the Department to establish
effective technical assistance, training, model development,
dissemination centers, and professional development activities
to support these alternative models. The Department should also
conduct high quality research to evaluate the effectiveness of
these models, and provide more information regarding these
alternatives.
Exit evaluation
The bill revises the commonly-termed ``exit evaluation'' to
allow the IEP Team to determine that a child may leave special
education and return to the regular education program or
graduate from high school without a costly and unnecessary
evaluation. However, if the IEP Team is not in agreement on
this change in eligibility status, a full exit evaluation is
still required.
Accountability
Within section 614(d) the bill makes several important
changes to improve the focus of the IEP on the educational
program and the academic achievement of children with
disabilities. The Committee recognizes the importance of
assessing progress for all children, particularly children with
disabilities, and increases the focus of the IEP in measuring
the academic achievement of children with disabilities. The
Committee believes that the reporting requirements included in
the No Child Left Behind Act are a very important development
in measuring progress for all children, particularly children
with disabilities, and is placing significant new
accountability requirements on schools, local educational
agencies, and States.
Harriet P. Brown, Director of ESE Policy and Procedures in
the Orlando School District in Orlando, Florida, testified to
the Subcommittee on Education Reform that the Act should not
include short-term objectives due to the requirements of the No
Child Left Behind Act.
With the new mandates of the No Child Left Behind
Act, there is a heightened awareness of standards for
all students. Coupling that with the IDEA's existing
mandate for participation in the general curriculum for
students with disabilities, annual goals based on the
state's standards for achievement will offer a clear
correlation for instruction and transition beyond the
school years. The current requirement for short-term
objectives dictates the length of the IEP. Parents
appear more comfortable with short-term objectives
because they are easy to understand. Annual goals can
serve the same purpose and provide more flexibility for
learning.
The Committee agrees with this sentiment and as the
reporting requirements from the No Child Left Behind Act come
in to effect, the Committee feels that other reporting
requirements should be replaced. The bill eliminates the
requirements for benchmarks or short-term objectives for most
students with disabilities after the 2005-2006 school year,
which is when the full breadth of requirements under the No
Child Left Behind Act are implemented.
However, the Committee is aware that these reporting
requirements may not be entirely sufficient for a small group
of children with disabilities, those with significant cognitive
disabilities that will be unable to effectively participate in
regular assessments with appropriate accommodations or even
alternative assessments aligned to grade level standards. For a
small proportion of the population of children with
disabilities, some children will take alternate assessments
aligned to alternate standards. For these children, the
Committee feels that benchmarks or short-term objectives may
still be appropriate, and the bill requires these elements to
be included in IEPs for these children even after the 2005-2006
school year.
Related services
The Committee is very concerned about the appropriateness
of some of the activities that local educational agencies have
been required to provide through the provision of related
services. The Committee reminds local educational agencies that
related services are required to assist a child with a
disability to benefit from special education. Related services
face the same requirements as do special educational services
and local educational agencies are reminded that there is not a
requirement to provide every possible related service, but they
must provide those services that are appropriate. Local
educational agencies are able to use their discretion to
determine whether a requested service will actually enable the
child to benefit from special education. To help local
educational agencies determine what related services are
appropriate to be provided at public expense, the bill
encourages the IEP Team to include related services that have
been peer-reviewed, to the extent practicable, to determine
whether the service is beneficial and related to the special
education services. The Committee also encourages the
Department to focus its research efforts to help expand the
level of research on related services to ensure that all
appropriate related services have a solid foundation of
research and peer-review.
Required elements of the IEP
The bill also establishes a rule of construction stating
that nothing beyond what is explicitly included in section 614
is required in a child's IEP. This provision is intended to
indicate to States and local educational agencies that these
requirements are all that is required for an IEP to comply with
this Act. While States and local educational agencies may add
their own additional requirements, such requirements should be
identified as State- or locally-mandated.
Transition from Part C to section 619
The Committee is concerned about the transition of some
children from the Part C program for infants and toddlers with
disabilities to the section 619 program for children aged three
through five. The Part C program requires that an
Individualized Family Service Program (IFSP) be developed to
lay out the plan of services and supports for the child and
their family under that program. When a child turns three years
old, he or she is eligible to be served under the Part B,
section 619 preschool program and the local educational agency
is required to develop an IEP for the child. The bill
encourages the local educational agency to consider the
elements of the IFSP that continue to be relevant for the
child, and are appropriate to be included in the IEP for the
child. This change is not intended to obligate local
educational agencies to provide services that are not required
under Part B of the Act, but it does encourage the
localeducational agency to continue relevant services in a manner that
will help ease the transition for the child from one program to
another.
Flexibility for parents in the IEP
One of the top goals for the Committee is to reduce the
unnecessary complications and processes involved in the IEP in
order to give parents greater control over the IEP and to make
the process more efficient and more effective for children,
their parents, and teachers. A key change in the bill is to
allow parents, along with the local educational agency, to
excuse the attendance of any IEP Team member. Allowing the
parent and the local educational agency to determine which
members of the IEP Team are needed for any given IEP Team
meeting empowers parents to make important decisions about
their child's education, and allows local educational agencies
to better utilize their personnel who are not needed for a
particular meeting. If the parent and the local educational
agency agree to this action, then the individual that has been
excused is required to submit their comments prior to the IEP
Team meeting in order for their input to be considered during
that meeting.
Another significant change in the bill is to give greater
flexibility to parents to allow the parent and the local
educational agency to make changes or amendments to an IEP
without reconvening the entire IEP Team. The IEP is a
management tool for the parent to ensure that the child is
receiving needed special education and related services. If the
parent and the local educational agency mutually agree to amend
the IEP without reconvening the entire IEP Team, they should be
allowed to do so. The Committee understands that it is often
difficult to convene the entire IEP Team, and that in some
circumstances the IEP may need a simple change to benefit the
child. Currently local educational agencies feel constrained
from making these simple changes because they are concerned
that if they do not follow the clear process for amending the
IEP, including reconvening the IEP Team, then some parents
could later complain that the rights of their child had been
violated. The bill gives this flexibility to parents to request
amendments to the IEP and the authority to the local
educational agency to accept amendments without fear of future
litigation. However, if the parent and the local educational
agency choose to reconvene the entire team they continue to
have the right to do so.
In addition, the Committee believes the IEP Team should
consider including a bilingual or English as a second language
teacher in IEP Team meetings as appropriate, based on the
individual child's needs to address the special language
development needs of a limited English proficient child with
disabilities.
Multi-year IEP
Many parents, teachers, and school district officials have
asked for greater flexibility in dealing with the paperwork
associated with the Act. Mr. Gregory J. Lock, principal of the
Oak View Elementary School in Fairfax, VA, testified to the
Subcommittee on Education Reform that the Act should lengthen
``the timeframe of the IEP from the current requirement for an
annual formal rewrite. The formal process would be retained for
a child's major transition points, but the new approach would
allow for a more collaborative process for ongoing review of
the student's progress.''
The Committee is very interested in reducing the paperwork
burden on parents and teachers. While the Committee strongly
supports the annual IEP and remains committed to the fact that
all children have the right to an annual IEP, the Committee has
heard from parents and teachers that would like to have the
opportunity to voluntarily choose to develop a multi-year IEP
for their child (to a maximum of 3 years). The Committee notes
that all of the requirements for the development of the annual
IEP apply to the multi-year IEP. The multi-year IEP will
continue to have an annual review process, where the entire IEP
Team sits down to discuss the IEP and the child's progress. The
parent can drop out of the multi-year IEP at any time and
return to an annual IEP.
The multi-year IEP is an entirely voluntary program. The
local educational agency has the option to offer the multi-year
IEP to a parent. The parent then has the option to choose to
develop a multi-year IEP for the child. It is clearly the
intent of the Committee that the parent must voluntarily choose
to enter into a multi-year IEP. The Committee has heard from
many parents who would like to have this ability to engage the
school district in long term planning for their child. The
multi-year IEP allows parents to look ahead, to make sure that
the proper foundation is being laid for their child's
education, instead of focusing on where their child will be at
the end of just one year. This option serves as a mechanism to
shift the focus from the short-term process to the long-term
achievement of the child with a disability.
Use of technology
The bill also makes clear that parents and school districts
may use modern technology such as computer programs,
teleconferencing, and video conferencing when creating an IEP.
Often parents or other IEP Team members cannot attend in person
the entire IEP Team meeting. This option will allow all members
to participate in the meeting in a way that is constructive.
The Committee also hopes that this will enable greater
participation of other agencies that have a role in the
development of the IEP, particularly agencies involved in
transition planning for children about to graduate or age out
of the school system. The Committee recognizes the significance
of a good transition plan for children, and hopes that this
change will allow agencies to work effectively together to
maximize their participation in the development of the IEP.
Children with degenerative diseases
The Committee has heard from many parents and teachers
regarding the special situations of children with a medical
condition that is degenerative (i.e., a disease that results in
negative progression and cannot be corrected or fully
stabilized). For these children, services under the IEP can be
provided to help maintain the child's present level of
functioning for as long as possible in order for the child to
fully benefit from special education services. In developing an
IEP for these children, the IEP Team may consider
recommendations from professional consultants familiar with the
child and the medical condition in the development of the IEP.
The IEP Team can include related services designed to provide
therapeutic services prior to loss of original abilities to
extend current skills and throughout the child's enrollment in
school. These services may include occupational and physical
therapy, self-help, mobility and communication, as appropriate.
Section 205. Procedural safeguards
Section 615. Procedural Safeguards.
The procedural safeguards in the Act have historically
provided the foundation for ensuring access to a free
appropriate public education for children with disabilities.
The Committee has added clarifications to the procedural
safeguard provisions to facilitate conflict resolution,
describe how schools may discipline children with disabilities,
and ensure that due process is useful for all parents and
schools. The reauthorization will allow for more productive and
less hostile relations between parents and schools to ensure
that the focus of the Act remains on educating children with
disabilities.
The bill retains the provisions concerning the opportunity
to use, and the administrative procedures associated with, an
impartial due process hearing. The bill simplifies the process
of delivering, and the content of, notices to parents about
their child's rights. The Committee hopes that these provisions
will provide parents more user-friendly information that they
can understand without burdening them or the local educational
agency with repetitive and unnecessary distribution of these
notices.
Homeless children with disabilities
The bill clarifies that when a complaint requires the
address of the residence of the child, in the case of a
homeless child or youth, the complaint may list available
contact information of the child. This change is intended to
ensure that homeless children are not disenfranchised from the
due process proceedings.
Mediation and voluntary binding arbitration
In the 1997 reauthorization of this Act, the Congress added
the opportunity for parents and local educational agencies to
mediate their disagreements. The opportunity for mediation was
intended to encourage early resolution of problems whenever
possible. However, the bill required that a State's mediation
system not be used to delay or deny a parent's right to due
process. At that time, States that offered mediation reduced
litigation and parents and schools resolved their differences
amicably, making decisions with the child's best interest in
mind. Since 1997, mediation under the Act has resulted in a
significant reduction in litigation and helped in restoring the
trust between parents and school personnel. Although hearing
requests increased from about 9,200 in 1997 to over 11,000 in
2000, the number of requests actually going to hearings fell
from about 3,400 in 1997 to just over 3,000 in 2000.
This bill builds upon the 1997 improvements by requiring
States to establish and maintain a voluntary binding
arbitration system. First, H.R. 1350 encourages the use of
mediation as early as possible. Current law only allows the
mediation of disputes once a formal complaint has been filed.
This bill allows parents and local educational agencies to
choose to mediate disputes at any time. For example, if the
parent and the local educational agency are having difficulty
in agreeing on the number of hours of physical therapy or the
least restrictive placement for the child, they could agree to
mediate their differences. Such a choice to mediate does not
foreclose any procedural avenues; however it does speed the
process to a resolution so that the child will be provided the
appropriate services in the most timely manner.
Given the interest in resolving disputes through non-
litigation means, it is expected that this will also assist in
reducing the litigation burden and continue to restore the
focus on educating children with disabilities. The willingness
of parents to enter the mediation system indicates that some
parents are hungry for ways to resolve disputes so that their
child gets the necessary services in a more timely manner than
can be achieved through traditional litigation. Therefore, the
second change is the addition of voluntary binding arbitration
that allows those parents, along with the local educational
agency, to come to a final resolution without a due process
hearing.
A voluntary binding arbitration system already operates in
most States for numerous other claims ranging from personal
disputes to business disputes to class action litigation. These
systems allow the expeditious and final resolution of claims in
many areas and should be allowed to include claims under the
IDEA. With such an available option, local educational agencies
and parents can mutually agree to avoid the lengthy and
expensive litigation inherent to the Act. This alternative
dispute resolution option can serve to restore the trust
between the school personnel and the parent, allowing them to
work cooperatively to find the best education placement and
services for the child.
Importantly, this system is truly voluntary for both the
parent and the local educational agency to choose. If both
parties do not choose voluntary binding arbitration, then the
complaint goes through the regular due process procedure.
Finally, all arbitrations must be conducted by qualified and
impartial arbitrators, ensuring that all parties have a fair
and unbiased consideration of each situation. It is the
Committee's strong preference that the resolution session,
mediation and voluntary binding arbitration become the typical
methods for resolving disputes under the Act.
Resolution session
The Committee is clearly concerned about the level of
communication that occurs between a parent and the local
educational agency when there is a dispute about the services
the child is receiving. The Committee feels that parents and
local educational agency officials, in most cases, should be
able to easily resolve issues when they are brought to the
attention of appropriate individuals within the school system.
The bill creates a new concept of the resolution session that
is intended to improve the communication between parents and
school officials, and to help foster greater efforts to resolve
disputes in a timely manner so that the child's interests are
best served.
Once a parent has filed a clear and specific complaint, the
school district has 15 days from the receipt of such complaint
to convene a meeting with the parent. At that meeting the
parent and the school officials should work together to
determine the nature of the complaint and to work
collaboratively to attempt to resolve the complaint. The local
educational agency then has up until the 30th day from the
receipt of the complaint to address the parent's complaint.
Ifthe local educational agency has not resolved the complaint, then the
due process hearing can occur.
The Committee feels that it is important to clarify that
the resolution session procedure does not, in any way, infringe
on other timelines regarding the due process hearing and that
those timelines would run concurrently with the timeline
outlined for the resolution session. The resolution session is
not intended to delay the ability of a parent to access a due
process hearing.
The bill is also clear that if the parent and the local
educational agency mutually agree that the meeting does not
need to occur, the resolution session meeting does not need to
take place. However, unless such an agreement is reached, the
failure of the party bringing the complaint to participate in
the meeting will delay the timeline for convening a due process
hearing until the meeting is held.
Clear and specific notice of complaint
In 1997, the reauthorization included changes designed to
ensure that parents accurately notified the local educational
agency of the issues they were raising in their complaint.
Unfortunately, regulations issued in 1999 by the Department
directly contradicted this requirement by stating that failure
to comply with the notice requirement under this Act could not
delay or deny the parent the right to a due process hearing.
The language requiring a parent to provide a clear and specific
complaint to the local educational agency is essential to
making the complaint process work in a fair and equitable
manner. Local educational agency officials need to know, with
clarity and specificity, what the problem is that concerns the
parent so they can try to remedy the problem.
Often, local educational agency officials may be unaware
that there is a problem until a parent has filed a complaint.
Currently, a complaint may be vague and unclear. If the local
educational agency officials do not know specifically what the
issue is, they cannot remedy the problem. If the local
educational agency receives a clear and specific complaint,
school personnel with decision-making ability may be able to
remedy the problem with greater speed than school level
officials. This may also reduce some of the unnecessary
litigation, since a parent will have to actually identify a
clear and specific problem before they can file a complaint. If
a parent cannot identify a specific problem, then the parent
should ask to reconvene the IEP Team and discuss what their
concerns are rather than filing a complaint to see if a hearing
officer can determine the problem.
Through this bill, the Committee reiterates in clear terms
that a due process hearing cannot occur until the parent has
disclosed all of the issues that are the basis of their
complaint with specificity. Further, this bill requires the
hearing officer to bar the introduction of new issues by a
parent that have not been disclosed to the local educational
agency in the complaint or at the meeting during the resolution
session. If a parent has new issues they need to disclose past
the current five-day time limit prior to a hearing, the parent
must amend the complaint, get the consent of the local
educational agency to introduce new issues without prior
notice, or seek a continuance of the hearing until such time as
all issues have been disclosed.
Statue of limitations
The Act currently has no statute of limitations and leaves
local educational agencies open to litigation for the entire
length of time a child is in school, whether or not the child
has been identified as a child with a disability. Local
educational agencies are often surprised by claims from parents
involving issues that occurred in an elementary school program
when the child may currently be a high school student. Such an
unreasonably long threat of litigation hanging over a local
educational agency forces them to document every step they take
with every child, even if the parents agree with the action,
because they could later change their mind and sue. The fear of
far-removed litigation raises the tension level between the
school and the parent. Prolonged litigation breeds an attitude
of distrust between the parents and school personnel and has
the effect of requiring school personnel to document
conversations, rather than working cooperatively to find the
best education placement and services for the child.
The bill includes a statute of limitations of one year from
the date of the violation. This change will align the Act with
other Federal statutes that have explicit statutes of
limitations (e.g., civil rights claims, Federal tort claims,
Social Security) and allow for timely resolution of issues.
Parents, or their advocates, often wait to bring actions until
many years after discovering a concern. The child's education
is usually jeopardized by this strategy. A statue of
limitations alleviates unnecessary claims for compensatory
education and allows local educational agencies to limit
unnecessary paperwork designed to protect them from protracted,
long-term litigation.
Attorney's fees
The Committee remains concerned about excessive litigation
under the Act and the burden that local educational agencies
face in paying fees to attorneys. The bill includes language
that requires each Governor (or their designee) to set the rate
of attorney's fees that may be awarded for actions under this
Act that arise in their State. The fees set by a Governor may
take into account the geographic differences of a state, such
as rural versus urban areas, and may be a range of fees that
take those geographic differences into account. The determined
rates must be made available to the public each year. The
Committee encourages the States to make the established rates
public prior to the beginning of the school year. The Committee
believes that the addition of this provision will help restore
balance to the proceedings under this Act and continue to
provide early opportunities for schools and parents to foster
more cooperative partnerships and resolve problems.
Discipline
The Committee notes that there is a heightened awareness
for the need to ensure that all students are safe when they are
at school. In the bill, the discipline provisions are modified
to ensure that every student can learn in a safe school that
supports an appropriate educational environment. These changes
give school personnel the necessary authority to protect the
safety and well-being of all students in the school. These
improved student discipline provisions clarify what is expected
of all students, including children with disabilities, and the
consequences of not meeting those expectations.
Over the past few years, the Committee has attempted
several times to improve upon the Act's discipline system. In
the 106th Congress, the Committee passed amendments to the
Act's discipline provisions in H.R. 4141, the Education OPTIONS
Act, and the House passed amendments to the Act's discipline
provisions in H.R. 1501, the juvenile justice reauthorization
bill. More recently, in H.R. 1 of the 107th Congress, the No
Child Left Behind Act, the House passed discipline reforms
similar to those of the 106th Congress.
The bill continues this strong commitment to reforming the
discipline provisions of the Act. The bill includes very
worthwhile and positive improvements. The reform of the
duplicative discipline system under the Act provides for a
uniform and fair way of disciplining children with disabilities
in line with discipline procedures for children without
disabilities. It also ensures that children with disabilities
continue to receive educational services if they are
disciplined beyond the 10 days allowed under current law.
The Committee has heard from teachers and school
administrators that the duel discipline system of current law
results in an inability to discipline students appropriately
given the child's misbehavior. Members also hear that current
law ties the hands of school personnel in responding quickly
and effectively to very serious student behavior problems.
Dr. Sally Arthur, Director of Educational Support Services
in the Humble Independent School District in Humble, Texas,
testified to the Subcommittee on Education Reform that:
IDEA 1997 and the resulting federal regulations
created a logistical problem in relation to school
discipline. The current regulations diminish the
capacity to follow the principles of PBIS [positive
behavior interventions and supports] by establishing
variable rather than clear guidelines of behavioral
expectations to students and parents. Loopholes are
available and students can learn to misbehave from the
lack of consistency. Further, the possibility of human
error is monumental, reducing the ability of campus
administrators to ensure compliance to the regulations.
Campus administrators are expected to follow a maze of
regulations and make decisions in relation to their
ability to consequent a student's inappropriate
behaviors. This maze of regulations has numerous
decision points, all potential vehicles for litigation.
This inequitable system creates opportunities for
exploitation of the system. Further, it assumes that
all individuals are capable of understanding and
applying these legal complexities. After five years of
studying it, I am not certain I could make the correct
decision with limited time to reflect.
An examination of current law illustrates these problems.
The dual system created by current law becomes apparent when
the behavior of a child with a disability would result in an
extended punishment or when the current ten-day flexibility has
been exhausted. While a serious fighting incident could result
in a suspension beyond ten days for a non-disabled child, the
child with a disability does not face the same consequences.
Under current law, school personnel have discretion to remove a
child with a disability from the child's current placement to
an interim alternative placement only for situations involving
weapons and drugs. School personnel must undertake the
confusing manifestation determination process in order to
attempt to apply the same consequences for misbehavior as would
be applied to a non-disabled child in discipline situations
beyond weapons and drugs. Educators consistently comment that
the manifestation determination typically results in a finding
that the behavior is somehow remotely related to the child's
disability, which is not surprising considering the statute is
written to presume that the behavior is related to the
disability. The reality has become an inherently subjective
process that is purposefully used to avoid discipline for a
child with a disability.
The discipline improvements in the bill provide for a
uniform school discipline code and substantially reduce the
confusion and complexity of the current system. Specifically,
the bill maintains the current law provision allowing school
personnel to suspend a child with a disability for up to 10
days with no educational services provided; maintains the
current law requirement that when a child is disciplined beyond
the above 10 days, schools are required to provide educational
services to students with disabilities; provides for a uniform
system of discipline in schools by allowing school personnel
discretion over all behaviors (not limited to weapons and drugs
as in current law), while allowing school personnel to make
case-by-case disciplinary decisions; and allows school
personnel to place a child with a disability that violates the
school code of conduct policy in an alternative educational
setting for up to 45 school days, unless State law provides for
a longer term.
Under the bill, where State law has longer consequences
(i.e., longer than 45 days) for specific incidents (typically
incidents involving weapons, drugs, aggravated assault, or
pulling a fire alarm), State law would be followed, though for
children with disabilities educational services would continue.
Most importantly, the bill requires school personnel to
treat all children in the same manner. If a violation results
in a 3 day punishment for a child without a disability, the
school could discipline the child with a disability for up to 3
days, while continuing to provide educational services. The
alternate setting does not have to be outside the school
setting--in-school suspensions are common for non-disabled
children. Additionally, school personnel may consider the
circumstances of the situation when making discipline
decisions.
The bill also removes the cumbersome manifestation
determination provisions since local educational agencies are
required to continue to provide educational services to enable
the child to continue to make progress toward the goals in the
IEP. However, the bill also retains the right of parents to
appeal discipline related decisions, through the IEP Team as
well as through due process provisions.
These improvements are geared toward finding a balance
among several competing goals. This balance recognizes the need
of all students in the school to receive a quality education in
a safe environment. It allows educators to maintain an
environment in the classroom that supports all students'
ability to learn.
Secondly, it balances the need to set clear expectations of
students, while allowing for consideration of individual
circumstances and for the continuation of educational services.
It provides for a uniform and fair way of disciplining children
with disabilities in line with discipline expectations for
children without disabilities. The language states that school
personnel may order a change in placement for a child with a
disability who violates the student code of conduct policy to
the same extent as would be applied to children without
disabilities.The Committee feels that it is important to
clarify that the bill does not require or allow an automatic 45-day
suspension for any infraction. It provides that if the school policy on
fighting in the school hallway results in a 5-day in-school suspension,
then this 5-day suspension would be applied equally to a child with a
disability.
The provision allowing a change of placement ordered by
school personnel for not more than 10 days continues as current
law. However, the bill ensures that children with disabilities
continue to receive educational services to continue to make
progress towards the goals set out in the child's IEP if they
are disciplined beyond the 10 days allowed under current law.
Finally, the bill balances the need to ensure that parents
have the ability to appeal both placement and punishment
decisions. The parent may appeal under the discipline
provisions or may appeal under the general due process
provisions. The parent can always request an IEP Team meeting
to revise the child's IEP and educational placement under that
IEP. If a parent believes the child with a disability should
not have been punished in the first place, the parent continues
to have remedies under the law to address the situation.
One of the explicit goals of the discipline improvements
within the bill is to ensure classroom safety. The Committee
often hears from classroom teachers and school principals that
Federal law ties their hands in responding quickly and
effectively to very serious student behavior problems and
effective management of their classrooms. By allowing school
personnel to respond to all situations in a classroom, school
personnel have the complete ability to look out for the safety
of all students. The discipline provisions in the bill gives
school personnel the ability to create safe classrooms.
Most importantly, the bill's discipline provision will
result in an improved education for children with disabilities.
By removing the Federal micromanagement of schools, the bill
allows teachers to create an environment that focuses on
student academic achievement. The discipline provision creates
a uniform standard for student behavior and sets clear
expectations of students. These improvements return the focus
of teachers and students to the learning that is happening in
the classroom, which will improve academic achievement.
Additionally, the bill encourages schools to take advantage
of alternative education programs for children with
disabilities. Many school systems have programs set up to meet
student behavior management needs, and the Committee encourages
school personnel to let students with disabilities who have
discipline problems take advantage of these programs. However,
the bill does not mandate the creation of an alternative
education program. It simply requires local educational
agencies to continue to provide educational services as
required under current law.
These improvements are widely supported in the education
community. The American Federation of Teachers commented that
the bill ``makes important changes to provisions outlining how
students with disabilities may be disciplined. The AFT supports
the additional flexibility provided by these changes to assist
schools in maintaining a safe and orderly environment.'' The
National Association of Elementary School Principals wrote that
the ``elimination of the dual discipline system is another goal
of NAESP members, according to our survey, and we have read
with interest the language in H.R. 1350 that addresses this
issue. We appreciate the language regarding violation of a code
of student conduct policy and the elimination of the
requirement for manifestation hearing and believe this will
help to simplify the process that school officials undergo to
create and maintain safe learning environments for all
students.''
Section 206. Monitoring, enforcement, withholding, and judicial review
Section 616. Monitoring, Enforcement, Withholding, and
Judicial Review.
Lawrence C. Gloeckler, Deputy Commissioner of Vocational
and Educational Services for Individuals with Disabilities at
the New York State Education Department, testified before the
Subcommittee on Education Reform that monitoring of the Act
``must be allowed to focus on the mechanisms for improving
outcomes for students, rather than devoting such extensive time
and resources to the less significant but numerous process
requirements.''
The bill would add a new section 616(a) through (d)
establishing a monitoring and enforcement section under the
Act. The Committee is very concerned about the effectiveness of
monitoring and enforcement under the Act. The President's
Commission on Excellence in Special Education reported that the
Department has often focused its monitoring efforts too much on
process compliance and has paid little to no attention to
monitoring for results. The Committee is encouraged by the
Department's recent efforts in improving the monitoring of the
Act, but recognizes that more progress needs to be made.
Required monitoring elements
The bill includes changes that would, for the first time,
incorporate into the Act the important role of the Department
in monitoring implementation of the Act, particularly with
respect to improving academic achievement results for children
with disabilities who are served under Parts B and C of the
Act. Section 616(b) requires the Secretary to look at academic
achievement results of children with disabilities on regular
and alternate assessments, as well as graduation and dropout
rates for children with disabilities. The Committee has
identified these items as required indicators as they are
crucial for evaluating the success of these programs.
Permissive monitoring elements
The Secretary may add other indicators, including those
priorities identified as permissive indicators, as other data
on improving results for children with disabilities become
available, data quality improves, and the Secretary is
confident that data can be used in a way that does not create
unintended negative consequences for children with
disabilities. For example, as appropriate measures of provision
of appropriate educational services in the least restrictive
environment that are sensitive to whether children with
disabilities are receiving appropriate services in their
various environments become available, the Secretary may add an
indicator relative to that issue. As appropriate measures of
program success for the Part C program are developed and data
collected, the Secretary may add indicators specific to that
program. TheCommittee expects that the Secretary will focus
monitoring efforts on those areas identified in the lists of indicators
and priorities identified in 616(b) and such other priorities as the
Secretary may establish under 616(c).
Other monitoring efforts
The Committee recognizes that certain elements are critical
to the sound functioning of the Act. These elements include
placing children with disabilities in the least restrictive
environment, an effective child find system, and effective
State monitoring of the Act. However, the Committee is
concerned that it is difficult to quantify results for these
important elements without losing sight of the importance to
make appropriate decisions for individual children. The
Committee does not want the monitoring system established in
the bill to penalize appropriate decisions made for the
individual child that, when aggregated up to the local or State
level appear to be inappropriate. However, the Committee
expects that the Department will continue to monitor in these
areas, and take appropriate enforcement actions under existing
authorities to ensure that States comply with requirements
regarding these important elements of the Act.
Compliance measures
The new section 616(d) would provide for compliance
activities focused on progress in improving educational results
for children with disabilities, and substantial compliance with
the requirements of the Act. If the Secretary determines that a
State is not making satisfactory progress in improving
educational results for children with disabilities, the
Secretary is required to take one or more of the specific
actions listed in subsection (d)(2), which can include
withholding between 20 and 50 percent of the total amount that
the State can retain under 611(e). In addition, if the
Secretary determines that a State is not in substantial
compliance with any provision of the Act, the Secretary is
required to take one or more of the specific actions listed in
subsection (d)(3). In addition to enforcement actions available
under current law, the list in subsection (d)(3) adds two new
tools--the ability to suspend payments and to suspend a
recipient's authority to obligate funds if the recipient is
subject to a withholding action, comparable to authority
available to the Secretary under other education funding
programs in section 455(d) of the General Education Provisions
Act; and new authority providing that if the Secretary has
imposed special conditions on a recipient for three consecutive
years and at the end of the third year the State has not
demonstrated to the satisfaction of the Secretary that the
violation has been corrected, the Secretary is required to take
additional enforcement actions, choosing among a compliance
agreement, a recovery of funds action or a withholding action.
Section 207. Administration
Section 617. Administration.
Section 617 includes new language designed to ensure that
decisions made regarding curriculum, instructional content, or
programs of instruction are made at the local level. Decisions
made regarding school curricula have been and continue to be
local decisions. The Federal government must take care not to
override State and local decisions or use its influence to
direct or control decisions best made at the local level.
Specifically, nothing in this Act may 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, curriculum, or program
of instruction.
Paperwork reduction pilot
Reducing the paperwork burden of the Act is one of the
Committee's top priorities for the reauthorization of the Act.
Studies from the Department show that the Nation is facing a
significant shortage of special education teachers, and many
special educators leaving the field cite the burden of
unnecessary paperwork as one of the primary reasons for their
departure. The bill includes a pilot program to allow States to
demonstrate innovative and creative measures to reduce the
paperwork burden. This program is not meant to decrease any of
the rights children have under the Act, but is intended to
allow those States who choose to participate to think
creatively and innovatively about how to best meet the demands
of the Act while reducing the paperwork burden so school
personnel can focus on educating children with disabilities.
The bill also includes a rigorous reporting requirement to
ensure that the Secretary reports to Congress about the success
of this program in reducing unnecessary paperwork while
preserving the rights of children served under the Act.
Model paperwork forms
The Committee understands that the paperwork forms
associated with the Act are greatly varied from State to State
and district to district. A standard IEP in one State could be
seven pages while in a neighboring State that same child's IEP
would be eighteen pages. While some of this variance is related
to State or local policy, most of the differences relate to
confusion regarding what the Act requires. The bill requires
the Secretary to develop model forms for the IEP, prior written
notice, and procedural safeguards notice. Each of these model
forms will help inform local educational agency efforts as they
develop their own forms and will result in decreased paperwork
burdens while still ensuring that all of the requirements of
the Act are met.
Section 208. Program information
Section 618. Program Information.
The bill retains the important data collection requirements
under section 618, and adds new requirements relating to
discipline actions within States to better inform Congress
about the actions taken by States regarding disciplining
children with disabilities.
Overidentification
Due to the Committee's desire to see the problems of
overidentification of minority children strongly addressed, the
bill maintains current requirements to collect data to
determine if significant disproportionality based on race is
occurring. If a State does make such a determination, the State
is required to direct the local educational agency to use its
authority under section 613 to implement a system of
comprehensive coordinated prereferral services toserve children
in the district, particularly children in those groups that are
overidentified, to remedy the problem.
The Committee feels very strongly about the importance of
this new provision and encourages States to take the necessary
steps to work with local educational agencies to remedy these
problems. The referral and identification processes under this
Act should be clear, consistent, and not subject to abuse.
Children, particularly minority children, should not be
referred, or determined to be eligible for special education,
due to their race. The Committee is very concerned about data
showing that African Americans are nearly three times as likely
to be identified as mentally retarded as their peers and nearly
twice as likely to be labeled emotionally disturbed. There is
no scientific data or studies available to support these rates
of identification, and this data clearly demonstrates that a
problem exists. This provision, and other provisions throughout
the bill, is clearly aimed at addressing the problem.
Section 209. Preschool grants.
Section 619. Preschool Grants
The bill makes minor technical and conforming changes to
the section 619 Preschool Grants program.
TITLE III--INFANTS AND TODDLERS WITH DISABILITIES
Section 301. Sections 631 through 638 of the Individuals with
Disabilities Education Act
Section 302. Sections 641 through 645 of the Individuals with
Disabilities Education Act
In order for children to succeed in school, they need
supportive environments that enhance social and cognitive
development before they enter kindergarten. The goal of Part C
is to provide children with disabilities with a solid
foundation that will prepare them for success in the public
school system and later in life. There are myriad challenges in
meeting the needs of young children and their families, and the
challenges are often more abundant and complex for children who
have been diagnosed with a disability. For all children, the
development of pre-literacy, numeracy and language skills is
critical. The bill addresses the importance of ensuring school
readiness by requiring that a child's Individualized Family
Service Plan include goals for the development of pre-literacy
and language skills and a plan for the appropriate transition
of services for the child's entrance into school.
Expanded Part C option
The bill amends Part C to allow States to expand the
options available to parents of the youngest children with
disabilities. States will now be allowed to create a program
where parents of children aging into the preschool program
(which serves three through five year olds) can choose to
remain in the Part C program with their current providers
(including private providers). Each State would have to choose
to make such a change and choose to continue serving this age
range under the Part C program. This change will lessen
transition problems for these young children who have been
forced to move from a family-focused program to a school-based
program at age three. In choosing this option, States must
notify parents about the differences between programs operated
under Part C and Part B and ensure that the rights and
responsibilities under Part C still apply. Recognizing the need
for an educational environment for three through five year
olds, this bill adds an educational component that promotes
school readiness and incorporates scientifically based pre-
literacy, language, and numeracy skills for those three through
five year olds that continue under Part C. Offering States this
option will allow parents to determine when their child is
ready to transition to the Part B preschool program, rather
than having that determination made for them by the Act.
Identification processes
The early years of a child's development lay the groundwork
for future years and are critical years for children with
disabilities and their families. Research shows that early
identification and intervention can have a significant positive
impact on children with disabilities and, in many cases, may
help prevent the need for more costly services once a child
reaches school age. Children with diagnosed disabilities who
receive early support are more likely to attain greater levels
of development.
The number of infants and toddlers receiving services has
increased dramatically in recent years. This increase is
largely a result of additional attention given to early
identification and intervention services provided to children
who are disabled or developmentally delayed.
The bill makes modest, yet important modifications to Part
C. Provisions in the bill will help to ensure a more seamless
transition of services from birth through school age, to
enhance the coordination of services provided to young children
with disabilities, and to ensure the availability of a
comprehensive network of highly trained personnel to meet the
needs of children with disabilities and their families.
Research on early childhood development demonstrates that
infants and toddlers who have been abused or neglected are at
increased risk of significant delays in language, cognition,
and behavior. In fact, these children have rates of
developmental delay approximately four to five times that found
among children in the general population. One study found that
more than half of over 200 children in foster care under the
age of 31 months had language delays. Infants and toddlers who
have been maltreated may also have significantly elevated
proportions of insecure attachments, elevated rates of
aggression, difficulty in forming close relationships and
managing emotions, heightened anxiety, irritability, excessive
crying, and sleep disruption.
Too many infants and toddlers who have been abused or
neglected are falling through the cracks and are not receiving
the early intervention services for which they may be eligible.
Since studies show that over half of the children in foster
care exhibit developmental delay when screened, there is a
strong need for improving collaboration between the child
welfare and Part C systems in order to provide early
intervention services to those children.
To address this need, the bill requires States to develop
policies to require referrals of all children under age 3 in a
substantiated case of abuse or neglect to the Part C system for
screening, and if appropriate, early intervention services. The
bill also requires States to requirereferrals for all children
who are born and identified with fetal alcohol effects, fetal alcohol
syndrome, neonatal intoxication, or neonatal physical or neurological
harm resulting from prenatal drug exposure. These changes provide an
important enhancement of the State child find system and will help
States identify infants and toddler who are in need of Part C services.
State interagency coordination
Many agencies and programs are involved in the delivery of
Part C services, and the service system will function best and
serve children better with strong linkages and collaboration
between agencies and programs. The bill improves the ability of
States to strengthen their collaborative efforts. The bill adds
representatives from the State child welfare agency and the
mental health agency to the State Interagency Coordinating
Council. The current service system fails to address
significant unmet mental health needs in young children because
it lacks strong linkages with other systems where children at
high risk for developmental delays are found, but where there
is limited professional expertise on the mental health needs of
infants and toddlers. It is the Committee's intent that
inclusion of representatives from the child welfare and mental
health agencies will help address this need.
In addition, the Committee believes improved coordination
is one step toward improved service delivery of Part C services
for children. Therefore, the bill requires States to provide a
description of their efforts to promote collaboration between
Early Head Start programs and child-care services under Part C
of this Act.
Federal interagency coordinating committee
The bill removes the requirement that the Department
establish a Federal Interagency Coordinating Committee. This
entity has not provided the benefit that Congress intended when
the entity was created, and has been an impediment to
developing effective policy coordination at the Federal level.
TITLE IV--NATIONAL ACTIVITIES TO IMPROVE EDUCATION OF CHILDREN WITH
DISABILITIES
The discretionary programs under the Act support
professional development, personnel preparation, research,
technical assistance, model demonstration, dissemination of
information, parent training and information centers, and media
and technology services designed to benefit children with
disabilities. Although the Department has supported many good
projects under this section, the Committee is concerned that
there has not been an effective overall plan to ensure that the
programs and projects supported under Part D are designed to
provide the maximum benefit across the nation. The bill
restructures and reorganizes the activities conducted under
Part D to improve the coordination of these activities and
ensures that the impact of these activities is broadly
disseminated to have a wide-reaching and positive impact on
States, local educational agencies, teachers, parents, and
children with disabilities.
Subpart 1--State professional development grants
The Honorable William Goodling, former Chairman of the
Education and Workforce Committee, testified to the Education
and Workforce Committee that ``Teaching children with
disabilities can be both the most rewarding and the most
arduous job in teaching. We need professionals who not only
have the commitment, but the skills in the classroom and with
parents, to help students succeed.''
The bill makes significant changes to Subpart 1 to refocus
the discretionary State grants to professional development
activities to ensure that regular education teachers, special
education teachers, principals, school administrators, and
related services providers receive high quality professional
development to better serve children with disabilities.
The bill requires the State educational agency to partner
with local educational agencies and at least one institution of
higher education in the State. The State may also choose to
include other entities or organizations in its partnership
agreement. The Committee encourages States to develop
agreements with organizations that can help improve the
delivery of professional development.
Under the current program, the application process is
complex, cumbersome, and inconsistent with developing a clear
program. The requirements have not helped States develop a
comprehensive professional development program and have been
treated by the States as a paperwork exercise. The bill
significantly simplifies the application requirements and
requires the States to submit an application that contains a
clear and concise plan on the efforts that the State will take
to improve professional development programs within the State.
The changes also ensure that the professional development
programs the State implements under this program will deliver
high quality services. States must undertake all of the
activities listed in their application, thus eliminating the
need to write over-arching applications with numerous
activities that the State has no intention of implementing, but
are deemed necessary for the application process.
The bill requires the State to use at least 90 percent of
the funds under this program to provide direct programs of
professional development to ensure that the personnel receiving
the professional development will improve the delivery of
instruction and other services to students in the classroom.
The bill allows a State to use up to 10 percent of its funds
under this program to conduct activities at the State level to
improve professional development and to improve services for
school personnel. The allowable activities authorized under
this program are closely aligned with allowable activities
under Title II of the Elementary and Secondary Education Act,
and the Committee encourages States to coordinate activities to
improve services under both programs.
Subpart 2--Scientifically based research; technical assistance; model
demonstration projects; dissemination of information; and
personnel preparation programs
The bill makes significant changes to Subpart 2 to refocus
the programs that support research, technical assistance, model
demonstration projects, dissemination of information, and
personnel preparation programs. The Committee's goal is to
improve the coordination,development, and delivery of
information to enhance the ability of States, local educational
agencies, teachers, and parents to provide services to children with
disabilities.
Comprehensive plan
The bill modifies the requirement for the Department to
develop a comprehensive plan. The Committee feels that the
requirements under the current law regarding public
consultation have been misinterpreted and the Department has
been too focused on the planning process and not focused enough
on actually developing a plan. The bill requires the Secretary
to seek public input, but requires the Secretary to actually
develop a comprehensive plan within one year of the date of
enactment of the Act to ensure that there is a comprehensive
agenda that examines and guides the entire system of services
supported under this part of the Act. The Committee recognizes
the importance of the planning process, but also encourages the
Secretary to develop and implement a final plan.
Special education research
Terry Branstad, Chairman of the President's Commission on
Excellence in Special Education, and former Governor of Iowa,
testified to the Education and Workforce Committee about the
Commission's report. In Chairman Branstad's remarks, he
testified that ``Research on special education needs enhanced
rigor and the long-term coordination necessary to support the
needs of children, educators and parents.''
The bill makes significant changes to the Department's
activities on research of special education. The bill
establishes a National Center for Special Education Research
within the Institute of Education Sciences and authorizes the
creation of a Commissioner for Special Education Research to
oversee the Institute's research into special education and
related services. The bill requires the Commissioner, with the
advice of the Assistant Secretary for Special Education and
Rehabilitative Services, to develop a research plan to support
the activities of the Act and serve the long-term interests of
the Act.
The Committee feels that the Department should have one
unified research arm that takes a broad view of the needs of
education research, including special education research. This
move will help ensure that the needs of children with
disabilities are fully addressed not only within that arm of
the Institute, but also through all other research functions at
the Institute. The Committee also intends this move to improve
the overall quality and rigor of the special education research
conducted by the Department by holding it to the same standards
as all other research, and to ensure that the needs of children
with disabilities are inculcated throughout other research
programs conducted at the Institute.
Technical assistance, demonstration, dissemination, and
implementation of research
The Committee is very concerned about the effectiveness and
quality of the Department's efforts to provide technical
assistance to States, local educational agencies, school
officials, teachers, and parents. The President's Commission on
Excellence in Special Education reported that:
Bridging the gap between research and practice will
be a continuing challenge. Practices must continue to
improve so children, their parents and their teachers
have access to effective practices and instructional
methods. A disturbing finding by this Commission is
that we do not yet know the best methods of research
dissemination. We have no research to show which
methods prove more effective in reaching consumers.
The Committee shares these concerns and encourages the
Department to significantly transform its practices to ensure
that the Department effectively disseminates research based
practices to benefit children with disabilities, their parents,
teachers and schools. The bill continues to recognize the
importance of technical assistance, demonstration projects,
dissemination of information, and the implementation of
scientifically based research. The bill requires the Department
to support projects that address positive behavior supports;
assessments and alternate assessments for children with
disabilities; transitional activities to improve results for
children with disabilities; and activities designed to improve
services for children with disabilities. The bill also
authorizes the Department to support other activities designed
to improve services for children with disabilities.
Personnel preparation
The bill streamlines personnel preparation programs to
focus on three activities (1) personnel preparation activities
for regular and special education teachers, related services
providers, and early intervention services, (2) personnel
preparation activities for teachers of children with low-
incidence disabilities, and (3) personnel preparation
activities for leadership preparation.
The Committee feels that the Department should place a high
priority on personnel preparation programs that are aligned
with high standards and the production of personnel that meet
rigorous State standards. The Committee also encourages the
Department to support programs designed to improve the
integration of related services in the special education and
regular education environment. Assuring that States address
related services personnel training needs will promote both the
use of appropriate practices and more effective collaboration
among special education personnel. The Committee also feels
that effective and rigorous programs designed top provide high
quality leadership personnel (i.e., principals and school
administrators) is an important function of this part of the
Act, and encourages the Department to ensure that these
programs are of high quality.
Assessment of activities under the IDEA
The bill directs the Secretary to undertake an assessment
of the activities carried out under the IDEA to determine the
effectiveness of the Act in achieving its purposes to provide
timely information on how to implement the Act more
effectively. The Committee notes that since the last
reauthorization, the Department has not finalized any elements
of the assessment, including the required final report that was
due prior to this reauthorization. The Committee encourages the
Department to carefully review its plan to conduct an
assessment and to take note of the reauthorization cycle to
ensure that useful information is presented to Congress before
thenext reauthorization takes place to determine the
effectiveness of the changes to the Act contained in this bill.
Parent training and information centers
The bill retains the authority for the Parent Training and
Information Centers, but modifies their activities to focus on
the priority of the Act, improved educational results for
children with disabilities. The Committee is concerned that
these centers do not have sufficient data to demonstrate their
effectiveness, and encourages the Department to develop
rigorous accountability measures to determine the effectiveness
of individual centers and the program as a whole. The Committee
strongly supports the Parent Training and Information Centers,
but wants to ensure that they are providing high quality
services to all parents. The bill requires the centers to
explain in the application how they will serve all parents,
particularly parents of minority, low-income, and limited
English proficient students. The bill also retains the
authority for the Community Parent and Resource Centers and
encourages these centers to collaborate with Parent Training
and Information Centers to ensure that there is a comprehensive
system of centers to provide services to all parents.
Media and technology services
The bill retains the authority for the Secretary to fund
projects related to the development, demonstration, and use of
technology. The bill continues to support video description and
captioning services of programs but changes the language to
require a focus on education-based content to be used in the
classroom. The Committee is encouraged by recent efforts at the
Department to focus this education program on providing
educationally relevant material as captioned under this
program. However, the Committee wishes to ensure that there is
an adequate supply of accessible materials for use in the
classroom, and the change in the bill will help address this
problem.
The Committee also recognizes the mandate by the
Telecommunications Act of 1996 requiring that 95 percent of all
television programs be captioned by January 1, 2006. The use of
very small businesses to provide video description and
captioning services is encouraged in order to develop
additional captioning resources to meet the increased
captioning requirements mandated by the Federal Communications
Commission.
It is the Committee's intent that an eligible entity
receiving funds under section 674(c)(4), (with respect to the
provision of free educational materials in accessible media for
visually impaired and print-disabled students), shall not
charge students or their families a membership fee or charge
them fees for education materials at any educational level that
are produced with funds received under this section. However,
it is the Committee's intent that the Secretary maintain
current policy with respect to the ability for such eligible
entity to continue to charge schools, States, local educational
agencies and other educational entities participating in the
programs at any educational level, a membership fee or charge
them fees for educational materials that are produced with
Federal funds, as a means to help offset the cost of producing
and distributing these materials. The Committee further
clarifies that institutions that are charged membership fees or
other fees may not pass on these fees or other costs related to
obtaining educational materials to the aforementioned students
or their families.
Conclusion
H.R. 1350, the Improving Education Results for Children
with Disabilities Act of 2003, enhances the IDEA by improving
education results for children with disabilities. The bill is
centered around the Committee's principles for reform:
increasing accountability and improving education results for
students with disabilities; reducing the paperwork burden;
improving early intervention strategies; reducing the
overidentification or misidentification of nondisabled
children, including minority youth; encouraging innovative
approaches to parental involvement and parental choice;
supporting general education and special education teachers;
restoring trust and reducing litigation; ensuring school
safety; and reforming special education funding. Importantly,
the bill clarifies the funding stream under the Act by
establishing a clear path to the 40 percent goal through the
discretionary appropriations process.
This bill refocuses the Act on its original intent--the
education of children with disabilities. By aligning the Act's
accountability system with the No Child Left Behind Act, the
Act ensures that children with disabilities have the chance to
learn and succeed academically. The bill also emphasizes early
intervention as a means to reduce the overidentification and
misidentification of children as disabled and placing them in
special education where they do not belong hinders the academic
development of these students. In an effort to stem the tide of
special education teachers leaving the profession out of
frustration with the overwhelming paperwork burden, the bill
makes significant changes to reduce that burden while
supporting both general and special education teachers who work
with children with disabilities through personnel preparation
and professional development. In making these changes, the
Committee seeks to restore trust between schools and parents by
encouraging the use of mediation and voluntary binding
arbitration to speed the resolution time and setting a statute
of limitations for when complaints must be filed. The bill
modifies the discipline provisions to ensure that every student
can learn in a safe school that supports an appropriate
educational environment.
The Committee believes that H.R. 1350 makes important
changes to the IDEA that will have the overall impact of
improving the delivery of special education and related
services to children with disabilities throughout the Nation,
reduce overidentification of some students as having
disabilities, improve the communication between parents and
teachers, and reduce the complexity and litigiousness of the
IDEA. H.R. 1350 will bring positive change to special education
programs throughout the country and further the effort to
ensure that no child is left behind.
Section-by-Section Analysis
Section 1. States the short title as the ``Improving
Education Results for Children With Disabilities Education Act
of 2003.''
TITLE I--GENERAL PROVISIONS
Section 101. Amends sections 601 through 603 under Part A
of the Individuals with Disabilities Education Act.
``Section 601. States the short title as the
``Individuals with Disabilities Education Act'';
contains the findings, purposes, and table of contents
for this Act.
``Section 602. Establishes definitions used in the
Act.
``Section 603. Establishes the Office of Special
Education Programs within the Office of Special
Education and Rehabilitative Services of the Department
of Education, to be administered by a Director; and
contains provisions regarding voluntary and
uncompensated services.''.
Section 102. Amends sections 605 through 607 of the Act.
``Section 605. Sets forth provisions regarding the
acquisition of equipment and construction or alteration
of facilities.
``Section 606. Requires the Secretary to make
positive efforts to employ qualified individuals with
disabilities.
``Section 607. Contains provisions regarding the
prescription of regulations; prohibits Secretary from
implementing regulations that would violate protections
afforded to children with disabilities under this Act;
modifies the Department's authority on writing policy
letters; and requires all policy interpretations to go
through the regulatory process.''.
Section 103. Amends Part A of the Act to add section 608 to
require States to ensure State regulations comport with the Act
and that any State imposed requirements or paperwork reporting
requirements are clearly identified to local educational
agencies and the Secretary.
Section 104. Requires the General Accounting Office to
review paperwork requirements and report to Congress on
strategic proposals to reduce the paperwork burden on teachers.
Section 105. Requires the General Accounting Office to
review certain state definitions and evaluation processes and
report to Congress no later than 2 years after the date of
enactment of this Act.
Section 106. Requires the General Accounting Office to
conduct a study of professional development programs delivered
through technology and distance learning for special education
personnel and report to Congress no later than 2 years after
the date of enactment of this Act.
Section 107. Requires the Comptroller General to conduct a
study on limited English proficient students no later than 2
years after the date of enactment of this Act.
TITLE II--ASSISTANCE FOR EDUCATION OF ALL CHILDREN WITH DISABILITIES
Section 201. Amends Section 611 of the Individuals with
Disabilities Education Act to set forth provisions regarding
grants to States; establishes a limit on the percentage of
students with disabilities that a State may receive federal
funds for; contains provisions regarding funds reserved for
outlying areas; sets forth provisions regarding allocation of
funds to States; requires States to reserve funds for grants to
local education agencies that are identified as in need of
improvement as a result, in whole or in part, of the
performance of the disaggregated group of students with
disabilities; contains provisions regarding funds used for
State-level activities; sets forth provisions regarding
subgrants to local educational agencies; sets forth provisions
regarding the use of funds by the Secretary of Interior; and
contains provisions pertaining to the authorization of
appropriations for this Part with the exception of Section 619.
Section 202. Amends Section 612(a) of the Act by requiring
states to reasonably demonstrate to the Secretary that they
have policies and procedures in effect to implement the
Individuals with Disabilities Education Act regarding a free
and appropriate education, child find, the individualized
education program, the least restrictive environment,
procedural safeguards, evaluations, confidentiality,
overidentification and disproportionality, and the prohibition
of psychotropic medication; sets forth provisions regarding
children enrolled in private schools; contains provisions
regarding the responsibilities of state educational agencies in
carrying out this Part; contains provisions pertaining to
procedural requirements in determining local agency
eligibility; requires States to align performance goals and
indicators to Title I under the No Child Left Behind Act;
ensures that all students with disabilities participate in
State or district assessment systems; sets forth provisions
requiring States to establish mediation and voluntary binding
arbitration systems; sets forth provisions regarding
supplementation of state, local, and other federal funds;
requires States to hold public hearings and an opportunity for
public comment prior to the adoption of policies and
procedures; contains provisions regarding the State advisory
panel including membership and duties; requires parent
representatives on State advisory panels to be of children ages
birth through 26; section 612(b) sets forth provisions
regarding states that provide direct services for children with
disabilities; amends section 612(c) by providing an exception
for states with prior state plans; amends section 612(d) to
require approval by the Secretary; and amends 612(e) and
provides assistance under other federal programs.
Section 203. Amends section 613 of the Act to require local
educational agencies to provide assurances to State educational
agencies that there are policies and procedures in effect to
implement the Individuals with Disabilities Education Act;
contains provisions regarding local uses of funds; provides
exception to local educational agencies for prior local plans;
allows State educational agencies to require local educational
agencies to establish joint eligibility, with the exception of
charter schools; sets forth provisions regarding prereferral
services; contains provisions regarding direct services
provided by the State educational agency; contains provisions
regarding State agency eligibility; and allows States to
require a local educational agency to include a record of
disciplinary action taken against a child with a disability.
Section 204. Amends section 614 of the Act to set forth
provisions regarding initial evaluations, parental consent, and
revaluations and clarifies that the parent or local educational
agency (and State educational agency where applicable) may
initiate the request for an initial evaluation;places a focus
on the educational needs of a child for the evaluation and reevaluation
process; expands special rule for eligibility determination to state
that lack of achievement, lack of scientifically based instruction in
reading or math, or limited English proficiency, cannot be the
determining factor for identification of a disability under the
Individuals with Disabilities Education Act; defines the term
individualized education program, sets forth provisions regarding its
content, and ensures that the IEP addresses academic achievement;
phases out the requirement that the IEP include benchmarks or short-
term objectives by 2005-2006, and allows students that take the
alternate assessment to continue to include benchmarks or short-term
objectives beyond that date; contains provisions regarding the IEP
team; sets forth provisions encouraging local educational agencies to
review the Individualized Family Service Plan (IFSP) when developing
the child's first IEP; allows local educational agencies to offer a
multiyear individualized education program and contains provisions
regarding its execution; and sets forth provisions pertaining to
alternative means of meeting participation.
Section 205. Amends Section 615(a) of the Act to require
State educational agencies, State agencies, and local
educational agencies receiving funds to establish procedures in
accordance with this section; amends section 615(b) by allowing
parents to the use mediation or voluntary binding arbitration;
imposes a one year statute of limitations on the filing of a
complaint; amends Section 615(c) to clarify that the parent is
obligated to provide clear and specific notice to the local
educational agency or State educational agency before a due
process hearing can be held; amends section 615(d) to limit the
number of times the procedural safeguards notice should be sent
out to the initial referral for evaluation, annually, and upon
the request of a parent; amends section 615(e) to allow for the
use of mediation and voluntary binding arbitration; amends
section 615(f) to require an IEP team meeting within 15 days of
the receipt of a parent's request for a due process hearing to
attempt to resolve dispute and gives the local educational
agency a total of 30 days from the time the parent filed the
complaint to resolve the complaint unless the parent and the
local educational agency agree in writing to waive the meeting,
otherwise the parent can proceed to a due process hearing;
amends section 615(g) by striking subsection (g); amends
section 615(h) by redesignating subsection (h) as subsection
(g); (i) as (h) and amends current law to include provisions
regarding the determination of amount of attorney's fees; (j)
to (i); redesignates (k) as (j) and amends current law to allow
school personnel discretion over the discipline of all student
misbehavior for up to 45 school days (unless State law requires
a longer time period for a misbehavior) and eliminates the
manifestation determination; redesignates (l) as (k); and (m)
as (l).
Section 206. Amends Section 616 of the Act stating the
heading as ``Monitoring, Enforcement, Withholding, and Judicial
Review''; requires the Secretary to implement this Act and
creates a new monitoring and enforcement system for the
Individuals with Disabilities Act to improve the Department of
Education's ability to monitor compliance with the Act;
establishes indicators related to academic achievement,
graduation, and dropout rates, and allows the Secretary to
establish other indicators on which to judge the performance of
States; establishes a system of consequences for non-compliance
with the Act; and establishes a requirement that the Secretary
take certain actions for continued non-compliance with the Act.
Section 207. Amends Section 617 of the Act to set forth
provisions regarding the responsibilities of the Secretary in
carrying out this Act; authorizes a pilot program for 10 States
to reduce paperwork and requires an annual report to Congress
on the progress of the pilot; and requires the Secretary to
develop model forms for the IEP, prior written notice, and
procedural safeguards notice.
Section 208. Amends Section 618 of the Act to require
States, local educational agencies, and the Secretary of
Interior to provide annual data to the Secretary on children
with disabilities; requires States to report on the number of
mediations held and the number of settlement agreements
reached; requires States to report on the number of voluntary
binding arbitrations held and the number of settlement
agreements reached; requires States to report on the number of
hearings held and number of students referred to interim
alternative education settings pursuant to discipline section;
and requires local educational agencies that have been
identified as having significant overidentification or
disproportionality of minority students as being identified
with a disability to reserve funds for prereferral services to
address the overidentification problem.
Section 209. Amends Section 619 of the Act to set forth
provisions regarding preschool grants including eligibility,
allocation of funds to States, reservation of funds for State
activities, State administration, administration of Part C, and
other State-level activities; contains provisions pertaining to
subgrants to local educational agencies; states that Part C
does not apply to any child with a disability that receives
funds under this section; and contains provisions regarding the
authorization of appropriations.
TITLE III--INFANTS AND TODDLERS WITH DIABILITIES
Section 301. Amends Section 631 through 638 of the
Individuals with Disabilities Education Act.
``Section 631. Sets forth the findings and policy of
Part C of this Act.
``Section 632. Establishes definitions used under
Part C of this Act.
``Section 633. Requires the Secretary to make grants
to each State to implement a state-wide system to
provide early intervention services for infants and
toddlers with disabilities and their families.
``Section 634. Contains provisions regarding State
eligibility.
``Section 635. Sets forth the requirements for the
statewide early intervention system; and requires a
State to have in place a comprehensive system of
personnel development that results in a network of
highly qualified and well-trained providers of early
intervention services within the State.
``Section 636. Sets forth provisions regarding the
individualized family service plan; includes provisions
pertaining to the review process, parental consent, and
plan content; adds new requirements to a child's
Individualized Family Service Plan (IFSP) to include
goals for the development of pre-literacy and language
skills and a plan for the appropriate transition of
services for the child's entrance into school.
``Section 637. Contains provisions with regard to the
requirements for State applications and assurances and
sets forth provisions pertaining to subsequent State
applications and application modification.
``Section 638. Sets forth provisions regarding uses
of funds.''.
Section 302. Amends sections 641 through 645 of the Act.
``Section 641. Establishes a State interagency
coordinating council in which the members and
chairperson are appointed by the governor; and sets
forth provisions regarding the council's composition
and its functions.
``Section 642. Contains provisions with regard to
federal administration.
``Section 643. Sets forth provisions pertaining to
the allocation of funds; and contains definitions under
the subsection.
``Section 644. Sets forth provisions regarding the
authorization of appropriations.''.
TITLE IV--NATIONAL ACTIVITIES TO IMPROVE EDUCATION OF CHILDREN WITH
DISABILITIES
Section 401. Amends Part D of the Individuals with
Disabilities Education Act.
``PART D--NATIONAL ACTIVITIES TO IMPROVE EDUCATION OF
CHILDREN WITH DISABILITIES
``Section 651. Contains the findings of Part D of
this Act.
``Subpart 1--State Professional Development Grants
``Section 652. Sets forth the purpose of this
subpart.
``Section 653. Sets forth provisions regarding
eligibility, required partners, and optional partners.
``Section 654. Sets forth provisions pertaining to
applications including the submission process, plan
elements, and State plan; contains provisions requiring
the Secretary to award grants on a competitive basis
and may give priority on the basis of need; and
contains provisions regarding peer review and reporting
procedures.
``Section 655. Contains provisions regarding uses of
funds, allowable State activities, contracts, and
subgrants; and sets forth provisions regarding the use
of funds for professional development.
``Section 656. Sets forth provisions regarding State
grant amounts.
``Section 657. Sets forth the authorization of
appropriations for subpart 1.
``Subpart 2--Scientifically Based Research; Technical
Assistance; Model Demonstration; Dissemination of
Information; and Personnel Preparation Programs
``Section 661. Sets forth the purpose of this
subpart.
``Section 662. Requires the Secretary to develop and
implement a comprehensive plan to carry out activities
under this subpart and contains provisions regarding a
public comment period, distribution of funds, and an
annual report to Congress; sets forth provisions
regarding eligible applicants and establishes
priorities that the Secretary considers when awarding
grants; requires applicants to demonstrate how they are
addressing the needs of minority children with
disabilities; contains provisions pertaining to
applicant and recipient responsibilities and peer
review application management; establishes a standing
panel of experts to evaluate applications and sets
forth provisions regarding panel membership and terms;
and sets forth provisions regarding the use of funds
for discretionary purposes, program evaluation, minimum
funding requirements, and eligibility for financial
assistance.
``Section 663. Establishes a National Center for
Special Education Research at the Institute for
Education Sciences to carry out special education
research; sets forth provisions regarding comprehensive
grants and applications; narrows the list of allowable
research areas and adds new activities; requires the
Secretary to develop a comprehensive research agenda;
and requires the examination of the excess costs of
educating students with disabilities, and addresses
assessment alignment issues.
``Section 664. Requires the Secretary to support
projects regarding positive behavior supports, improved
alignment, compatibility and development of assessments
and alternate assessments, and teacher training to
address the needs of students with different learning
styles; requires that projects use, to the extent
practicable, research based projects that have been
approved by the What Works Clearinghouse; and condenses
list of allowable projects.
``Section 665. Requires the Secretary to make
competitive grants, or enter into contracts or
competitive agreements with eligible agencies that
focus on personnel preparation programs; contains
provisions regarding authorized activities dealing with
personnel preparation, low-incidence disabilities, and
leadership preparation; and sets forth provisions
regarding applications, selection of recipients,
service obligation, and scholarships.
``Section 666. Requires the Secretary, through
delegation to the Director of the Institute of
Education Sciences, to assess the implementation of
this Act and the effectiveness of State and local
programs; contains provisions pertaining to authorized
activities; requires the Secretary to carry out a
national assessment of the activities carried out under
thisAct; and contains provisions requiring the
Secretary to publish a comprehensive plan for developing the national
assessment for a 30 day public comment period.
``Section 667. Contains provisions regarding
authorization of appropriations of this subpart.
``Subpart 3--Supports to Improve Results for Children
With Disabilities
``Section 671. Sets forth the purposes of this
subpart.
``Section 672. Allows the Secretary to make grants
and enter into contracts and cooperative agreements
with parent and community organizations; sets forth
required and optional activities; contains provisions
pertaining to application requirements and distribution
of funds; requires a quarterly review by the board of
directors or governing committee of organizations
receiving grants; and states the definition of a parent
organization.
``Section 673. Sets forth provisions with regard to
community parent resource centers.
``Section 674. Allows the Secretary to provide
technical assistance to eligible agencies for
developing, assisting, and coordinating parent and
community training and information programs; and
contains provisions regarding authorized activities.
``Section 675. Requires the Secretary to provide
competitive grants to eligible agencies to support
activities promoting the development, demonstration,
and utilization of technology; allows the Secretary to
support media educational activities; contains
provisions pertaining to authorized activities and
applications; and sets forth the authorization of
appropriations.''.
Section 402. Authorizes the Secretary to continue to
provide funding for community parent resource centers.
Explanation of Amendments
The Amendment in the Nature of a Substitute is explained in
the body of this report.
Application of Law to the Legislative Branch
Section 102(b)(3) of Public Law 104-1 requires a
description of the application of this bill to the legislative
branch. This bill, H.R. 1350, the ``Improving Education Results
for Children with Disabilities Act of 2003,'' enhances the
Individuals with Disabilities Education Act by improving
education results for children with disabilities, reducing
paperwork to allow teachers to focus on spending more time with
their students, reducing unnecessary litigation by improving
communication between parents and schools, improving early
intervention strategies, reducing over-identification/
misidentification of non-disabled children (particularly
minority youth), encouraging innovative approaches to parental
involvement and parental choice, supporting general education
and special education teachers, and ensuring school safety. The
bill also restructures the national activities and
discretionary programs under the Act on research, professional
development, personnel preparation, technical assistance,
dissemination of information, parent training and information
centers, and community parent resource centers to improve
services under the Act. This bill does not prevent legislative
branch employees from receiving the benefits of this
legislation.
Unfunded Mandate Statement
Section 423 of the Congressional Budget and Impoundment
Control Act (as amended by Section 101(a)(2) of the Unfunded
Mandates Reform Act, P.L. 104-4) requires a statement of
whether the provisions of the reported bill include unfunded
mandates. H.R. 1350, ``Improving Education Results for Children
with Disabilities Act of 2003,'' enhances the Individuals with
Disabilities Education Act by improving education results for
children with disabilities, reducing paperwork to allow
teachers to focus on spending more time with their students,
reducing unnecessary litigation by improving communication
between parents and schools, improving early intervention
strategies, reducing over-identification/misidentification of
non-disabled children (particularly minority youth),
encouraging innovative approaches to parental involvement and
parental choice, supporting general education and special
education teachers, and ensuring school safety. The bill also
restructures the national activities and discretionary programs
under the Act on research, professional development, personnel
preparation, technical assistance, dissemination of
information, parent training and information centers, and
community parent resource centers to improve services under the
Act. As such, the bill does not contain any unfunded mandates.
Statement of Oversight Findings and Recommendations of the Committee
In compliance with clause 3(c)(1) of rule XIII and clause
(2)(b)(1) of rule X of the Rules of the House of
Representatives, the Committee's oversight findings and
recommendations are reflected in the body of this report.
New Budget Authority and Congressional Budget Office Cost Estimate
With respect to the requirements of clause 3(c)(2) of rule
XIII of the House of Representatives and section 308(a) of the
Congressional Budget Act of 1974 and with respect to
requirements of 3(c)(3) of rule XIII of the House of
Representatives and section 402 of the Congressional Budget Act
of 1974, the Committee has received the following cost estimate
for H.R. 1350 from the Director of the Congressional Budget
Office:
U.S. Congress,
Congressional Budget Office,
Washington, DC, April 28, 2003.
Hon. John A. Boehner,
Chairman, Committee on Education and the Workforce, House of
Representatives, Washington, DC.
Dear Mr. Chairman: The Congressional Budget Office has
prepared the enclosed cost estimate for H.R. 1350, the
Improving Education Results for Children with Disabilities Act
of 2003.
If you wish further details on this estimate, we will be
pleased to provide them. The CBO staff contact is Donna Wong.
Sincerely,
Barry B. Anderson
(For Douglas Holtz-Eakin, Director).
Enclosure.
H.R. 1350--Improving Education Results for Children with Disabilities
Act of 2003
Summary: H.R. 1350 would reauthorize various programs under
the Individuals with Disabilities Education Act (IDEA) that
were authorized through 2002. These programs were authorized in
2003 by the General Education Provisions Act (GEPA) and the
Consolidated Appropriations Resolution, 2003 (Public Law 108-
7). H.R. 1350 would reauthorize these programs through 2009.
The bill also would amend two programs that are permanently
authorized by IDEA.
The bill would authorize additional appropriations of $3.1
billion in 2004. CBO estimates that the new authorizations
under H.R. 1350 would total about $50 billion over the 2004-
2009 period, assuming that annual levels are adjusted to keep
pace with inflation when specific annual authorizations are not
provided. CBO estimates that appropriations of those authorized
levels would result in additional outlays of $32 billion over
the 2004-2009 period. Enacting H.R. 1350 would not affect
direct spending or receipts.
H.R. 1350 contains no intergovernmental or private-sector
mandates as defined in the Unfunded Mandates Reform Act (UMRA).
Any requirements on states or educational institutions would be
conditions for receiving federal grants; the bill would
authorize the appropriation of about $49 billion over the 2004-
2009 period for such grants.
Estimated cost to the Federal Government: The estimated
budgetary impact of H.R. 1350 is shown in Table 1. The costs of
this legislation fall within budget function 500 (education,
training, employment, and social services).
TABLE 1.--ESTIMATED BUDGETARY EFFECTS OF H.R. 1350, THE IMPROVING EDUCATION RESULTS FOR CHILDREN WITH
DISABILITIES ACT OF 2003
----------------------------------------------------------------------------------------------------------------
By fiscal year, in millions of dollars--
--------------------------------------------------------------
2003 2004 2005 2006 2007 2008 2009
----------------------------------------------------------------------------------------------------------------
SPENDING SUBJECT TO APPROPRIATION
With Adjustments for Inflation
IDEA Spending Under Current Law:
Estimated Authorization Level \1\............ 9,434 9,323 9,506 9,708 9,910 10,130 10,350
Estimated Outlays............................ 8,152 9,484 9,580 9,595 9,755 9,963 10,180
Proposed Changes:
Estimated Authorization Level................ 0 3,063 5,206 7,404 9,403 11,386 13,369
Estimated Outlays............................ 0 61 2,034 4,346 6,567 8,633 10,631
IDEA Spending Under H.R. 1350:
Estimated Authorization Level................ 9,434 12,386 14,712 17,112 19,312 21,515 23,718
Estimated Outlays............................ 8,152 9,545 11,614 13,941 16,322 18,596 20,812
----------------------------------------------------------------------------------------------------------------
\1\ The 2003 level is the amount appropriated for that year for all programs. The 2004 through 2009 levels are
the baseline amounts for the Grants to States and the Preschool state grants programs, which are permanently
authorized under IDEA. The 2004 level includes an advance appropriation of $5.7 billion in the Grants to
States programs.
Note.--Components may not sum to totals because of rounding.
Basis of estimate: H.R. 1350 would reauthorize funding
through 2009 for various programs created under IDEA. The bill
also would amend funding authorizations for two programs that
are permanently authorized by IDEA.
Most programs authorized under IDEA would be reauthorized
at specific levels for 2004 and for such sums as may be
necessary for 2005 through 2009. Funding for the Grants to
States program, which is permanently authorized at such sums as
necessary, would be authorized at specific levels for 2004
through 2010 and at such sums as may be necessary for
subsequent years. Funding for the Preschool state grants
program, which is also permanently authorized, would be
authorized at a specific level in 2004 and such sums as may be
necessary in subsequent years.
Table 2 presents CBO's estimates with inflation adjustments
for the various components of each title under H.R. 1350. The
estimated outlays reflect historical rates of spending for the
affected programs.
The current-law levels for 2003 shown in tables 1 and 2 are
the amounts appropriated that year for all IDEA programs.
Amounts authorized under current law for years 2004 through
2009 are CBO's baseline projections for the two programs that
are permanently authorized and include an advance appropriation
of $5.7 billion in 2004 for the Grants to States program.
H.R. 1350 would authorize additional appropriations of $3.1
billion in 2004. CBO estimates that this bill would authorize
total additional funding of $50 billion over the 2004-2009
period assuming that ``such sums'' amounts provided after 2004
are adjusted for inflation. If the authorized amounts are
appropriated, outlays would increase by $61 million in the
first year and by $32 billion over the six-year period.
Title I of the bill would provide general provisions and
definitions for IDEA. Titles II through IV would authorize
funding for IDEA programs, and the estimated costs for
implementing each of those three titles are described below.
Title II: Assistance for Education of All Children With Disabilities
Title II would amend the Grants to States program and the
Preschool state grants program. Funding for both programs is
permanently authorized by IDEA at such sums as may be
necessary, which CBO estimates as the baseline level using the
2003 appropriations as the starting point. The baseline level
in 2004 for the two programs is a total of $9.3 billion
(including the advance appropriation of $5.7 billion for the
Grants to States program).
H.r. 1350 would authorize an additional $2.3 billion above
the current-law baseline (for a total of $11.6 billion) for
2004 for programs under title II. CBO estimates that total
additional funding for title II for the 2004-2009 period would
be $44.7 billion (for a total of $103.6 billion) with resulting
additional outlays of about $28.4 billion ($78 billion total)
over those six years.
Grants to States. H.R. 1350 would authorize total amounts
of about $11.1 billion in 2004 and gradually raise that to
about $25.2 billion in 2010, and such sums as may be necessary
for 2011 and each subsequent fiscal year for the Grants to
States programs. These authorizations would be $2.1 billion
above baseline levels in 2004 and about $15.1 billion higher by
2010.
TABLE 2.--DETAILED EFFECTS OF H.R. 1350, IMPROVING EDUCATION RESULTS FOR CHILDREN WITH DISABILITIES ACT OF 2003,
WITH ADJUSTMENTS FOR INFLATION
----------------------------------------------------------------------------------------------------------------
By fiscal year, in millions of dollars--
--------------------------------------------------------------
2003 2004 2005 2006 2007 2008 2009
----------------------------------------------------------------------------------------------------------------
SPENDING SUBJECT TO APPROPRIATION
IDEA Spending Under Current Law:
Budget Authority/Authorization Level \1\..... 9,434 9,323 9,506 9,708 9,910 10,130 10,350
Estimated Outlays............................ 8,152 9,484 9,580 9,595 9,755 9,963 10,180
Proposed Changes
Title II: Assistance for Education of All
Children with Disabilities:
Grants to States:
Estimated Authorization Level............ 0 2,146 4,270 6,449 8,427 10,389 12,350
Estimated Outlays........................ 0 43 1,437 3,463 5,620 7,655 9,643
Preschool Grants:
Estimated Authorization Level............ 0 106 108 110 113 115 118
Estimated Outlays........................ 0 2 69 102 109 112 114
Subtotal, Title II:
Estimated Authorization Level........ 0 2,252 4,378 6,559 8,540 10,504 12,468
Estimated Outlays.................... 0 45 1,506 3,565 5,729 7,777 9,757
Title III: Infants and Toddlers with
Disabilities:
Infants and Toddlers Grants:
Estimated Authorization Level............ 0 447 456 465 475 486 496
Estimated Outlays........................ 0 9 291 431 462 471 482
Title IV: National Activities:
State Professional Development Grants:
Estimated Authorization Level............ 0 44 45 46 47 48 49
Estimated Outlays........................ 0 1 29 42 45 46 47
Research, Technical Assistance,
Demonstrations, and Dissemination:
Estimated Authorization Level............ 0 172 175 179 183 187 191
Estimated Outlays........................ 0 3 112 166 178 181 185
Personnel Preparation Program:
Estimated Authorization Level............ 0 90 92 94 96 98 100
Estimated Outlays........................ 0 2 59 87 93 95 97
Technical Assistance for Parent Training and
Information Centers \2\:
Estimated Authorization Level............ 0 33 33 34 35 36 36
Estimated Outlays........................ 0 1 21 32 34 35 35
Parent Training and Information Centers:
Estimated Authorization Level............ 0 26 27 27 28 28 29
Estimated Outlays........................ 0 1 17 25 27 27 28
Subtotal, Title IV:
Estimated Authorization Level........ 0 365 372 380 388 396 405
Estimated Outlays.................... 0 7 237 351 377 385 393
Total Proposed Changes:
Estimated Authorization Level............ 0 3,063 5,206 7,404 9,403 11,386 13,369
Estimated Outlays........................ 0 61 2,034 4,346 6,567 8,633 10,631
Total IDEA Spending Under H.R. 1350:
Estimated Authorization Level............ 9,434 12,386 14,712 17,112 19,312 21,515 23,718
Estimated Outlays........................ 8,152 9,545 11,614 13,941 16,322 18,596 20,812
----------------------------------------------------------------------------------------------------------------
\1\ The 2003 level is the amount appropriated for that year for all programs. The 2004 through 2009 levels are
the baseline amounts for the Grants to States and the Preschool state grants programs which are permanently
authorized under IDEA. The 2004 level includes an advance appropriation of $5.7 billion for the Grants to
States program.
\2\ Authorization was intended to authorize appropriations for Technology Development, and Demonstration, and
Media Services.
Note.--Components may not sum to totals because of rounding.
The state grant program provides formula grants to states
to assist them in covering the excess costs of providing
special education services to children with disabilities.
Funding for this program currently is provided on an academic
year basis through appropriations in two separate fiscal years:
a forward-funded appropriation which is available July 1 of the
current fiscal year, and an advance appropriation available
October 1 of the next fiscal year. Although the program has
been funded by two separate appropriations since 2001,
fundingdoes not need to be authorized separately because all of the
funds for an academic year could be provided in one appropriation. The
program is funded at just under $8.9 billion in academic year 2003-
2004.
Preschool State Grants. H.R. 1350 would authorize $500
million in 2004, and such sums as may be necessary for each
subsequent fiscal year for the Preschool grants program. The
Preschool program provides additional grants to states for
providing special education services to children ages three
through five. The program is funded at $387 million in 2003.
Title III: Infants and Toddlers with Disabilities
Title III would reauthorize the infants and toddlers state
grant program. CBO estimates that total funding for title III
for the 2004-2009 period would be $2.8 billion, assuming
adjustments for inflation, with resulting outlays of about $2.1
billion over those six years.
The bill would authorize $447 million in 2004 and such sums
as may be necessary over the 2005-2009 period for the program.
The infants and toddlers program provides funds to states for
early intervention and identification activities. The program
is funded at $434 million in 2003.
Title IV: National Activities to Improve Education of Children with
Disabilities
Title IV would reauthorize and revise several national
activities including state professional development grants,
scientifically based research, and parent and community
training and information centers. Title IV would authorize $365
million in 2004 and $2.3 billion over the 2004-2009 period for
these programs. CBO estimates that the resulting outlays would
be about $7 million in 2004 and $1.8 billion over the 2004-2009
period.
State Professional Development Grants. The bill would
authorize $44 million in 2004 and such sums as may be necessary
for the next five years for state profession development
grants. The state professional development grant program would
provide competitive grants to states to improve their systems
for professional development in early intervention, educational
and transitional services for children with disabilities. The
current state improvement program is funded at $51 million in
2003.
Scientifically Based Research; Technical Assistance;
Demonstration Projects; Dissemination of Information; Studies
and Evaluations. The bill would authorize $172 million in 2004
and such sums as may be necessary for the next five years for
the National Center for Special Education Research, regional
research centers, demonstration and outreach projects, and
assessment activities. Comparable activities are funded at $130
million in 2003.
Personnel Preparation Programs. The bill would authorize
$90 million in 2004 and such sums as may be necessary for the
next five years for competitive awards to states or other
organizations to fund programs that address personnel needs.
Comparable activities are funded at $92 million in 2003.
Technical Assistance for Parent Training and Information
Centers. The bill would authorize about $33 million in 2004 and
such sums as may be necessary for the next five years for
technical assistance for parent training and information
centers; but it appears that the bill incorrectly refers to the
wrong section of IDEA. The authorization was intended to
authorize appropriations for technology development,
demonstration and utilization, and media services--programs
that provide funds for activities that increase access to the
classroom for children with disabilities. These programs focus
on services for individuals who are deaf or blind such as video
and closed captioned television. Comparable activities are
funded at $38 million in 2003.
Parent Training and Information Centers. The bill would
authorize $26 million in 2004 and such sums as may be necessary
for the next five years for parent training and information
centers. The regional centers provide information, training,
and referral services to parents of children with disabilities.
Comparable activities are funded at $26 million in 2003.
Intergovernmental and private-sector impact: The provisions
of IDEA apply to states and educational institutions as
recipients of federal grants. Consequently, any requirements
that would be created or extended by H.R. 1350 would be
conditions of federal aid and not intergovernmental or private-
sector mandates as defined in UMRA. Under current law, states
received about $8.9 billion under IDEA's basic state grant
program in academic year 2003, which CBO estimates equals about
18 percent of the average per pupil expenditure for all
children. Other grants to states totaled about $1 billion in
2003. H.R. 1350 would authorize an additional appropriation of
about $49 billion over the 2004-2009 period for all IDEA grants
to states.
Estimate prepared by: Federal Costs: Donna Wong; Impact on
State, Local, and Tribal Governments: Theresa Gullo and Leo
Lex; and Impact on the Private Sector: Nabeel Alsalam.
Estimate approved by: Peter H. Fontaine, Deputy Assistant
Director for Budget Analysis.
Statement of General Performance Goals and Objectives
In accordance with Clause (3)(c) of House rule XIII, the
goal of H.R. 1350, ``Improving Education Results for Children
with Disabilities Act of 2003,'' is to enhance the Individuals
with Disabilities Education Act by improving education results
for children with disabilities, reducing paperwork to allow
teachers to focus on spending more time with their students,
reducing unnecessary litigation by improving communication
between parents and schools, improving early intervention
strategies, reducing over-identification/misidentification of
non-disabled children (particularly minority youth),
encouraging innovative approaches to parental involvement and
parental choice, supporting general education and special
education teachers, and ensuring school safety. The bill also
restructures the national activities and discretionary programs
under the Act on research, professional development, personnel
preparation, technical assistance, dissemination of
information, parent training and information centers, and
community parent resource centers to improve services under the
Act. The Committee expects the Department of Education to
comply with H.R. 1350 and implement the changes to the law in
accordance with the changes.
Constitutional Authority Statement
Under clause 3(d)(1) of rule XIII of the Rules of the House
of Representatives, the Committee must include a statement
citing the specific powers granted to Congress in the
Constitution to enact the law proposed by H.R. 1350. The
Committee believes that the amendments made by this bill, which
authorize appropriations for education assistance, are within
Congress' authority under Article I, section 8, clause 1 of the
Constitution.
Committee Estimate
Clauses 3(d)(2) of rule XIII of the Rules of the House of
Representatives requires an estimate and a comparison by the
Committee of the costs that would be incurred in carrying out
H.R. 1350. However, clause 3(d)(3)(B) of that rule provides
that this requirement does not apply when the Committee has
included in its report a timely submitted cost estimate of the
bill prepared by the Director of the Congressional Budget
Office under section 402 of the Congressional Budget Act.
Changes in Existing Law Made by the Bill, as Reported
In compliance with clause 3(e) of rule XIII of the Rules of
the House of Representatives, changes in existing law made by
the bill, as reported, are shown as follows (existing law
proposed to be omitted is enclosed in black brackets, new
matter is printed in italics, existing law in which no change
is proposed is shown in roman):
INDIVIDUALS WITH DISABILITIES EDUCATION ACT
PART A--GENERAL PROVISIONS
[SEC. 601. SHORT TITLE; TABLE OF CONTENTS; FINDINGS; PURPOSES.
[(a) Short Title.--This Act may be cited as the ``Individuals
with Disabilities Education Act''.
[(b) Table of Contents.--The table of contents for this Act
is as follows:
[Part A--General Provisions
[Sec. 601. Short title; table of contents; findings; purposes.
[Sec. 602. Definitions.
[Sec. 603. Office of Special Education Programs.
[Sec. 604. Abrogation of State sovereign immunity.
[Sec. 605. Acquisition of equipment; construction or alteration of
facilities.
[Sec. 606. Employment of individuals with disabilities.
[Sec. 607. Requirements for prescribing regulations.
[Part B--Assistance for Education of All Children with Disabilities
[Sec. 611. Authorization; allotment; use of funds; authorization of
appropriations.
[Sec. 612. State eligibility.
[Sec. 613. Local educational agency eligibility.
[Sec. 614. Evaluations, eligibility determinations, individualized
education programs, and educational placements.
[Sec. 615. Procedural safeguards.
[Sec. 616. Withholding and judicial review.
[Sec. 617. Administration.
[Sec. 618. Program information.
[Sec. 619. Preschool grants.
[Part C--Infants and Toddlers with Disabilities
[Sec. 631. Findings and policy.
[Sec. 632. Definitions.
[Sec. 633. General authority.
[Sec. 634. Eligibility.
[Sec. 635. Requirements for statewide system.
[Sec. 636. Individualized family service plan.
[Sec. 637. State application and assurances.
[Sec. 638. Uses of funds.
[Sec. 639. Procedural safeguards.
[Sec. 640. Payor of last resort.
[Sec. 641. State Interagency Coordinating Council.
[Sec. 642. Federal administration.
[Sec. 643. Allocation of funds.
[Sec. 644. Federal Interagency Coordinating Council.
[Sec. 645. Authorization of appropriations.
[Part D--National Activities to Improve Education of Children with
Disabilities
[subpart 1--state program improvement grants for children with
disabilities
[Sec. 651. Findings and purpose.
[Sec. 652. Eligibility and collaborative process.
[Sec. 653. Applications.
[Sec. 654. Use of funds.
[Sec. 655. Minimum State grant amounts.
[Sec. 656. Authorization of appropriations.
[subpart 2--coordinated research, personnel preparation, technical
assistance, support, and dissemination of information
[Sec. 661. Administrative provisions.
[chapter 1--improving early intervention, educational, and
transitional services and results for children with disabilities through
coordinated research and personnel preparation
[Sec. 671. Findings and purpose.
[Sec. 672. Research and innovation to improve services and results for
children with disabilities.
[Sec. 673. Personnel preparation to improve services and results for
children with disabilities.
[Sec. 674. Studies and evaluations.
[chapter 2--improving early intervention, educational, and
transitional services and results for children with disabilities through
coordinated technical assistance, support, and dissemination of
information
[Sec. 681. Findings and purposes.
[Sec. 682. Parent training and information centers.
[Sec. 683. Community parent resource centers.
[Sec. 684. Technical assistance for parent training and information
centers.
[Sec. 685. Coordinated technical assistance and dissemination.
[Sec. 686. Authorization of appropriations.
[Sec. 687. Technology development, demonstration, and utilization, and
media services.
[(c) Findings.--The Congress finds the following:
[(1) Disability is a natural part of the human
experience and in no way diminishes the right of
individuals to participate in or contribute to society.
Improving educational results for children with
disabilities is an essential element of our national
policy of ensuring equality of opportunity, full
participation, independent living, and economic self-
sufficiency for individuals with disabilities.
[(2) Before the date of the enactment of the
Education for All Handicapped Children Act of 1975
(Public Law 94-142)--
[(A) the special educational needs of
children with disabilities were not being fully
met;
[(B) more than one-half of the children with
disabilities in the United States did not
receive appropriate educational services that
would enable such children to have full
equality of opportunity;
[(C) 1,000,000 of the children with
disabilities in the United States were excluded
entirely from the public school system and did
not go through the educational process with
their peers;
[(D) there were many children with
disabilities throughout the United States
participating in regular school programs whose
disabilities prevented such children from
having a successful educational experience
because their disabilities were undetected; and
[(E) because of the lack of adequate services
within the public school system, families were
often forced to find services outside the
public school system, often at great distance
from their residence and at their own expense.
[(3) Since the enactment and implementation of the
Education for All Handicapped Children Act of 1975,
this Act has been successful in ensuring children with
disabilities and the families of such children access
to a free appropriate public education and in improving
educational results for children with disabilities.
[(4) However, the implementation of this Act has been
impeded by low expectations, and an insufficient focus
on applying replicable research on proven methods of
teaching and learning for children with disabilities.
[(5) Over 20 years of research and experience has
demonstrated that the education of children with
disabilities can be made more effective by--
[(A) having high expectations for such
children and ensuring their access in the
general curriculum to the maximum extent
possible;
[(B) strengthening the role of parents and
ensuring that families of such children have
meaningful opportunities to participate in the
education of their children at school and at
home;
[(C) coordinating this Act with other local,
educational service agency, State, and Federal
school improvement efforts in order to ensure
that such children benefit from such efforts
and that special education can become a service
for such children rather than a place where
they are sent;
[(D) providing appropriate special education
and related services and aids and supports in
the regular classroom to such children,
whenever appropriate;
[(E) supporting high-quality, intensive
professional development for all personnel who
work with such children in order to ensure that
they have the skills and knowledge necessary to
enable them--
[(i) to meet developmental goals and,
to the maximum extent possible, those
challenging expectations that have been
established for all children; and
[(ii) to be prepared to lead
productive, independent, adult lives,
to the maximum extent possible;
[(F) providing incentives for whole-school
approaches and pre-referral intervention to
reduce the need to label children as disabled
in order to address their learning needs; and
[(G) focusing resources on teaching and
learning while reducing paperwork and
requirements that do not assist in improving
educational results.
[(6) While States, local educational agencies, and
educational service agencies are responsible for
providing an education for all children with
disabilities, it is in the national interest that the
Federal Government have a role in assisting State and
local efforts to educate children with disabilities in
order to improve results for such children and to
ensure equal protection of the law.
[(7)(A) The Federal Government must be responsive to
the growing needs of an increasingly more diverse
society. A more equitable allocation of resources is
essential for the Federal Government to meet its
responsibility to provide an equal educational
opportunity for all individuals.
[(B) America's racial profile is rapidly changing.
Between 1980 and 1990, the rate of increase in the
population for white Americans was 6 percent, while the
rate of increase for racial and ethnic minorities was
much higher: 53 percent for Hispanics, 13.2 percent for
African-Americans, and 107.8 percent for Asians.
[(C) By the year 2000, this Nation will have
275,000,000 people, nearly one of every three of whom
will be either African-American, Hispanic, Asian-
American, or American Indian.
[(D) Taken together as a group, minority children are
comprising an ever larger percentage of public school
students. Large-city school populations are
overwhelmingly minority, for example: for fall 1993,
the figure for Miami was 84 percent; Chicago, 89
percent; Philadelphia, 78 percent; Baltimore, 84
percent; Houston, 88 percent; and Los Angeles, 88
percent.
[(E) Recruitment efforts within special education
must focus on bringing larger numbers of minorities
into the profession in order to provide appropriate
practitioner knowledge, role models, and sufficient
manpower to address the clearly changing demography of
special education.
[(F) The limited English proficient population is the
fastest growing in our Nation, and the growth is
occurring in many parts of our Nation. In the Nation's
2 largest school districts, limited English proficient
students make up almost half of all students initially
entering school at the kindergarten level. Studies have
documented apparent discrepancies in the levels of
referral and placement of limited English proficient
children in special education. The Department of
Education has found that services provided to limited
English proficient students often do not respond
primarily to the pupil's academic needs. These trends
pose special challenges for special education in the
referral, assessment, and services for our Nation's
students from non-English language backgrounds.
[(8)(A) Greater efforts are needed to prevent the
intensification of problems connected with mislabeling
and high dropout rates among minority children with
disabilities.
[(B) More minority children continue to be served in
special education than would be expected from the
percentage of minority students in the general school
population.
[(C) Poor African-American children are 2.3 times
more likely to be identified by their teacher as having
mental retardation than their white counterpart.
[(D) Although African-Americans represent 16 percent
of elementary and secondary enrollments, they
constitute 21 percent of total enrollments in special
education.
[(E) The drop-out rate is 68 percent higher for
minorities than for whites.
[(F) More than 50 percent of minority students in
large cities drop out of school.
[(9)(A) The opportunity for full participation in
awards for grants and contracts; boards of
organizations receiving funds under this Act; and peer
review panels; and training of professionals in the
area of special education by minority individuals,
organizations, and historically black colleges and
universities is essential if we are to obtain greater
success in the education of minority children with
disabilities.
[(B) In 1993, of the 915,000 college and university
professors, 4.9 percent were African-American and 2.4
percent were Hispanic. Of the 2,940,000 teachers,
prekindergarten through high school, 6.8 percent were
African-American and 4.1 percent were Hispanic.
[(C) Students from minority groups comprise more than
50 percent of K-12 public school enrollment in seven
States yet minority enrollment in teacher training
programs is less than 15 percent in all but six States.
[(D) As the number of African-American and Hispanic
students in special education increases, the number of
minority teachers and related service personnel
produced in our colleges and universities continues to
decrease.
[(E) Ten years ago, 12 percent of the United States
teaching force in public elementary and secondary
schools were members of a minority group. Minorities
comprised 21 percent of the national population at that
time and were clearly underrepresented then among
employed teachers. Today, the elementary and secondary
teaching force is 13 percent minority, while one-third
of the students in public schools are minority
children.
[(F) As recently as 1991, historically black colleges
and universities enrolled 44 percent of the African-
American teacher trainees in the Nation. However, in
1993, historically black colleges and universities
received only 4 percent of the discretionary funds for
special education and related services personnel
training under this Act.
[(G) While African-American students constitute 28
percent of total enrollment in special education, only
11.2 percent of individuals enrolled in preservice
training programs for special education are African-
American.
[(H) In 1986-87, of the degrees conferred in
education at the B.A., M.A., and Ph.D. levels, only 6,
8, and 8 percent, respectively, were awarded to
African-American or Hispanic students.
[(10) Minorities and underserved persons are socially
disadvantaged because of the lack of opportunities in
training and educational programs, undergirded by the
practices in the private sector that impede their full
participation in the mainstream of society.
[(d) Purposes.--The purposes of this title are--
[(1)(A) to ensure that all children with disabilities
have available to them a free appropriate public
education that emphasizes special education and related
services designed to meet their unique needs and
prepare them for employment and independent living;
[(B) to ensure that the rights of children with
disabilities and parents of such children are
protected; and
[(C) to assist States, localities, educational
service agencies, and Federal agencies to provide for
the education of all children with disabilities;
[(2) to assist States in the implementation of a
statewide, comprehensive, coordinated,
multidisciplinary, interagency system of early
intervention services for infants and toddlers with
disabilities and their families;
[(3) to ensure that educators and parents have the
necessary tools to improve educational results for
children with disabilities by supporting systemic-
change activities; coordinated research and personnel
preparation; coordinated technical assistance,
dissemination, and support; and technology development
and media services; and
[(4) to assess, and ensure the effectiveness of,
efforts to educate children with disabilities.
[SEC. 602. DEFINITIONS.
[Except as otherwise provided, as used in this Act:
[(1) Assistive technology device.--The term
``assistive technology device'' means any item, piece
of equipment, or product system, whether acquired
commercially off the shelf, modified, or customized,
that is used to increase, maintain, or improve
functional capabilities of a child with a disability.
[(2) Assistive technology service.--The term
``assistive technology service'' means any service that
directly assists a child with a disability in the
selection, acquisition, or use of an assistive
technology device. Such term includes--
[(A) the evaluation of the needs of such
child, including a functional evaluation of the
child in the child's customary environment;
[(B) purchasing, leasing, or otherwise
providing for the acquisition of assistive
technology devices by such child;
[(C) selecting, designing, fitting,
customizing, adapting, applying, maintaining,
repairing, or replacing of assistive technology
devices;
[(D) coordinating and using other therapies,
interventions, or services with assistive
technology devices, such as those associated
with existing education and rehabilitation
plans and programs;
[(E) training or technical assistance for
such child, or, where appropriate, the family
of such child; and
[(F) training or technical assistance for
professionals (including individuals providing
education and rehabilitation services),
employers, or other individuals who provide
services to, employ, or are otherwise
substantially involved in the major life
functions of such child.
[(3) Child with a disability.--
[(A) In general.--The term ``child with a
disability '' means a child--
[(i) with mental retardation, hearing
impairments (including deafness),
speech or language impairments, visual
impairments (including blindness),
serious emotional disturbance
(hereinafter referred to as ``emotional
disturbance''), orthopedic impairments,
autism, traumatic brain injury, other
health impairments, or specific
learning disabilities; and
[(ii) who, by reason thereof, needs
special education and related services.
[(B) Child aged 3 through 9.--The term
``child with a disability '' for a child aged 3
through 9 may, at the discretion of the State
and the local educational agency, include a
child--
[(i) experiencing developmental
delays, as defined by the State and as
measured by appropriate diagnostic
instruments and procedures, in one or
more of the following areas: physical
development, cognitive development,
communication development, social or
emotional development, or adaptive
development; and
[(ii) who, by reason thereof, needs
special education and related services.
[(4) Educational service agency.--The term
``educational service agency''--
[(A) means a regional public multiservice
agency--
[(i) authorized by State law to
develop, manage, and provide services
or programs to local educational
agencies; and
[(ii) recognized as an administrative
agency for purposes of the provision of
special education and related services
provided within public elementary and
secondary schools of the State; and
[(B) includes any other public institution or
agency having administrative control and
direction over a public elementary or secondary
school.
[(5) Elementary school.--The term ``elementary
school'' means a nonprofit institutional day or
residential school that provides elementary education,
as determined under State law.
[(6) Equipment.--The term ``equipment'' includes--
[(A) machinery, utilities, and built-in
equipment and any necessary enclosures or
structures to house such machinery, utilities,
or equipment; and
[(B) all other items necessary for the
functioning of a particular facility as a
facility for the provision of educational
services, including items such as instructional
equipment and necessary furniture; printed,
published, and audio-visual instructional
materials; telecommunications, sensory, and
other technological aids and devices; and
books, periodicals, documents, and other
related materials.
[(7) Excess costs.--The term ``excess costs'' means
those costs that are in excess of the average annual
per-student expenditure in a local educational agency
during the preceding school year for an elementary or
secondary school student, as may be appropriate, and
which shall be computed after deducting--
[(A) amounts received--
[(i) under part B of this title;
[(ii) under part A of title I of the
Elementary and Secondary Education Act
of 1965; or
[(iii) under part A of title VII of
that Act; and
[(B) any State or local funds expended for
programs that would qualify for assistance
under any of those parts.
[(8) Free appropriate public education.--The term
``free appropriate public education'' means special
education and related services that--
[(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(d).
[(9) Indian.--The term ``Indian'' means an individual
who is a member of an Indian tribe.
[(10) Indian tribe.--The term ``Indian tribe'' means
any Federal or State Indian tribe, band, rancheria,
pueblo, colony, or community, including any Alaska
Native village or regional village corporation (as
defined in or established under the Alaska Native
Claims Settlement Act).
[(11) Individualized education program.--The term
``individualized education program'' or ``IEP '' means
a written statement for each child with a disability
that is developed, reviewed, and revised in accordance
with section 614(d).
[(12) Individualized family service plan.--The term
``individualized family service plan'' has the meaning
given such term in section 636.
[(13) Infant or toddler with a disability.--The term
``infant or toddler with a disability '' has the
meaning given such term in section 632.
[(14) Institution of higher education.--The term
``institution of higher education''--
[(A) has the meaning given that term in
section 1201(a) of the Higher Education Act of
1965; and
[(B) also includes any community college
receiving funding from the Secretary of the
Interior under the Tribally Controlled
Community College Assistance Act of 1978.
[(15) Local educational agency.--
[(A) The term ``local educational agency''
means a public board of education or other
public authority legally constituted within a
State for either administrative control or
direction of, or to perform a service function
for, public elementary or secondary schools in
a city, county, township, school district, or
other political subdivision of a State, or for
such combination of school districts or
counties as are recognized in a State as an
administrative agency for its public elementary
or secondary schools.
[(B) The term includes--
[(i) an educational service agency,
as defined in paragraph (4); and
[(ii) any other public institution or
agency having administrative control
and direction of a public elementary or
secondary school.
[(C) The term includes an elementary or
secondary school funded by the Bureau of Indian
Affairs, but only to the extent that such
inclusion makes the school eligible for
programs for which specific eligibility is not
provided to the school in another provision of
law and the school does not have a student
population that is smaller than the student
population of the local educational agency
receiving assistance under this Act with the
smallest student population, except that the
school shall not be subject to the jurisdiction
of any State educational agency other than the
Bureau of Indian Affairs.
[(16) Native language.--The term ``native language'',
when used with reference to an individual of limited
English proficiency, means the language normally used
by the individual, or in the case of a child, the
language normally used by the parents of the child.
[(17) Nonprofit.--The term ``nonprofit'', as applied
to a school, agency, organization, or institution,
means a school, agency, organization, or institution
owned and operated by one or more nonprofit
corporations or associations no part of the net
earnings of which inures, or may lawfully inure, to the
benefit of any private shareholder or individual.
[(18) Outlying area.--The term ``outlying area''
means the United States Virgin Islands, Guam, American
Samoa, and the Commonwealth of the Northern Mariana
Islands.
[(19) Parent.--The term ``parent''--
[(A) includes a legal guardian; and
[(B) except as used in sections 615(b)(2) and
639(a)(5), includes an individual assigned
under either of those sections to be a
surrogate parent.
[(20) Parent organization.--The term ``parent
organization'' has the meaning given that term in
section 682(g).
[(21) Parent training and information center.--The
term ``parent training and information center'' means a
center assisted under section 682 or 683.
[(22) Related services.--The term ``related
services'' means transportation, and such
developmental, corrective, and other supportive
services (including speech-language pathology and
audiology services, psychological services, physical
and occupational therapy, recreation, including
therapeutic recreation, social work services,
counseling services, including rehabilitation
counseling, orientation and mobility services, and
medical services, except that such medical services
shall be for diagnostic and evaluation purposes only)
as may be required to assist a child with a disability
to benefit from special education, and includes the
early identification and assessment of disabling
conditions in children.
[(23) Secondary school.--The term ``secondary
school'' means a nonprofit institutional day or
residential school that provides secondary education,
as determined under State law, except that it does not
include any education beyond grade 12.
[(24) Secretary.--The term ``Secretary'' means the
Secretary of Education.
[(25) Special education.--The term ``special
education'' means specially designed instruction, at no
cost to parents, to meet the unique needs of a child
with a disability, including--
[(A) instruction conducted in the classroom,
in the home, in hospitals and institutions, and
in other settings; and
[(B) instruction in physical education.
[(26) Specific learning disability.--
[(A) In general.--The term ``specific
learning disability '' means a disorder in one
or more of the basic psychological processes
involved in understanding or in using language,
spoken or written, which disorder may manifest
itself in imperfect ability to listen, think,
speak, read, write, spell, or do mathematical
calculations.
[(B) Disorders included.--Such term includes
such conditions as perceptual disabilities,
brain injury, minimal brain dysfunction,
dyslexia, and developmental aphasia.
[(C) Disorders not included.--Such term does
not include a learning problem that is
primarily the result of visual, hearing, or
motor disabilities, of mental retardation, of
emotional disturbance, or of environmental,
cultural, or economic disadvantage.
[(27) State.--The term ``State'' means each of the 50
States, the District of Columbia, the Commonwealth of
Puerto Rico, and each of the outlying areas.
[(28) State educational agency.--The term ``State
educational agency'' means the State board of education
or other agency or officer primarily responsible for
the State supervision of public elementary and
secondary schools, or, if there is no such officer or
agency, an officer or agency designated by the Governor
or by State law.
[(29) Supplementary aids and services.--The term
``supplementary aids and services'' means, aids,
services, and other supports that are provided in
regular education classes or other education-related
settings to enable children with disabilities to be
educated with nondisabled children to the maximum
extent appropriate in accordance with section
612(a)(5).
[(30) Transition services.--The term ``transition
services'' means a coordinated set of activities for a
student with a disability that--
[(A) is designed within an outcome-oriented
process, which promotes movement from school to
post-school activities, including post-
secondary education, vocational training,
integrated employment (including supported
employment), continuing and adult education,
adult services, independent living, or
community participation;
[(B) is based upon the individual student's
needs, taking into account the student's
preferences and interests; and
[(C) includes instruction, related services,
community experiences, the development of
employment and other post-school adult living
objectives, and, when appropriate, acquisition
of daily living skills and functional
vocational evaluation.
[SEC. 603. OFFICE OF SPECIAL EDUCATION PROGRAMS.
[(a) Establishment.--There shall be, within the Office of
Special Education and Rehabilitative Services in the Department
of Education, an Office of Special Education Programs, which
shall be the principal agency in such Department for
administering and carrying out this Act and other programs and
activities concerning the education of children with
disabilities.
[(b) Director.--The Office established under subsection (a)
shall be headed by a Director who shall be selected by the
Secretary and shall report directly to the Assistant Secretary
for Special Education and Rehabilitative Services.
[(c) Voluntary and Uncompensated Services.--Notwithstanding
section 1342 of title 31, United States Code, the Secretary is
authorized to accept voluntary and uncompensated services in
furtherance of the purposes of this Act.]
SEC. 601. SHORT TITLE; TABLE OF CONTENTS; FINDINGS; PURPOSES.
(a) Short Title.--This Act may be cited as the ``Individuals
with Disabilities Education Act''.
(b) Table of Contents.--The table of contents for this Act is
as follows:
Part A--General Provisions
Sec. 601. Short title; table of contents; findings; purposes.
Sec. 602. Definitions.
Sec. 603. Office of Special Education Programs.
Sec. 604. Abrogation of State sovereign immunity.
Sec. 605. Acquisition of equipment; construction or alteration of
facilities.
Sec. 606. Employment of individuals with disabilities.
Sec. 607. Requirements for prescribing regulations.
Sec. 608. State administration.
Part B--Assistance for Education of All Children with Disabilities
Sec. 611. Authorization; allotment; use of funds; authorization of
appropriations.
Sec. 612. State eligibility.
Sec. 613. Local educational agency eligibility.
Sec. 614. Evaluations, eligibility determinations, individualized
education programs, and educational placements.
Sec. 615. Procedural safeguards.
Sec. 616. Monitoring, enforcement, withholding, and judicial review.
Sec. 617. Administration.
Sec. 618. Program information.
Sec. 619. Preschool grants.
Part C--Infants and Toddlers with Disabilities
Sec. 631. Findings and policy.
Sec. 632. Definitions.
Sec. 633. General authority.
Sec. 634. Eligibility.
Sec. 635. Requirements for statewide system.
Sec. 636. Individualized family service plan.
Sec. 637. State application and assurances.
Sec. 638. Uses of funds.
Sec. 639. Procedural safeguards.
Sec. 640. Payor of last resort.
Sec. 641. State Interagency Coordinating Council.
Sec. 642. Federal administration.
Sec. 643. Allocation of funds.
Sec. 644. Authorization of appropriations.
Part D--National Activities To Improve Education of Children With
Disabilities
Sec. 651. Findings.
SUBPART 1--STATE PROFESSIONAL DEVELOPMENT GRANTS
Sec. 652. Purpose.
Sec. 653. Eligibility and collaborative process.
Sec. 654. Applications.
Sec. 655. Use of funds.
Sec. 656. State grant amounts.
Sec. 657. Authorization of appropriations.
SUBPART 2--SCIENTIFICALLY BASED RESEARCH; TECHNICAL ASSISTANCE; MODEL
DEMONSTRATION PROJECTS; DISSEMINATION OF INFORMATION; AND PERSONNEL
PREPARATION PROGRAMS
Sec. 661. Purpose.
Sec. 662. Administrative provisions.
Sec. 663. Research to improve results for children with disabilities.
Sec. 664. Technical assistance, demonstration projects, dissemination of
information, and implementation of scientifically based
research.
Sec. 665. Personnel preparation programs to improve services and results
for children with disabilities.
Sec. 666. Studies and evaluations.
Sec. 667. Authorization of appropriations.
SUBPART 3--SUPPORTS TO IMPROVE RESULTS FOR CHILDREN WITH DISABILITIES
Sec. 671. Purposes.
Sec. 672. Parent training and information centers.
Sec. 673. Community parent resource centers.
Sec. 674. Technical assistance for parent training and information
centers.
Sec. 675. Technology development, demonstration, and utilization; and
media services.
(c) Findings.--Congress finds the following:
(1) Disability is a natural part of the human
experience and in no way diminishes the right of
individuals to participate in or contribute to society.
Improving educational results for children with
disabilities is an essential element of our national
policy of ensuring equality of opportunity, full
participation, independent living, and economic self-
sufficiency for individuals with disabilities.
(2) Before the date of the enactment of the Education
for All Handicapped Children Act of 1975 (Public Law
94-142), the special educational needs of millions of
children with disabilities were not being fully met and
there were many children with disabilities
participating in regular school programs whose
undiagnosed disabilities prevented them from having a
successful educational experience.
(3) Since the enactment and implementation of the
Education for All Handicapped Children Act of 1975,
this Act has been successful in ensuring children with
disabilities and the families of such children access
to a free appropriate public education and in improving
educational results for children with disabilities.
(4) Over 25 years of research and experience has
demonstrated that the education of children with
disabilities can be made more effective by--
(A) having high expectations for such
children and ensuring their access to the
general education curriculum in the regular
classroom to the maximum extent possible in
order--
(i) to meet developmental goals and,
to the maximum extent possible, the
challenging expectations that have been
established for all children; and
(ii) to be prepared to lead
productive and independent adult lives,
to the maximum extent possible;
(B) strengthening the role and responsibility
of parents and ensuring that families of such
children have meaningful opportunities to
participate in the education of their children
at school and at home;
(C) coordinating this Act with other local,
State, and Federal school improvement efforts,
including efforts under the Elementary and
Secondary Education Act of 1965, in order to
ensure that children with disabilities benefit
from such efforts and that special education
can become a service for such children rather
than a place where they are sent;
(D) supporting high-quality, intensive
professional development for personnel who work
with children with disabilities;
(E) providing incentives for scientifically
based reading programs and prereferral
intervention services to reduce the need to
label children as disabled in order to address
their learning needs;
(F) focusing resources on teaching and
learning while reducing paperwork and
requirements that do not assist in improving
educational results; and
(G) supporting the development and use of
technology, including assistive technology
devices and services, to maximize accessibility
for children with disabilities.
(5) While States, local educational agencies, and
educational service agencies are primarily responsible
for providing an education for all children with
disabilities, it is in the national interest that the
Federal Government has a supporting role in assisting
State and local efforts to educate children with
disabilities in order to improve results for such
children and to ensure equal protection of the law.
(6) A more equitable allocation of resources is
essential for the Federal Government to meet its
responsibility to provide an equal educational
opportunity for all individuals.
(7)(A) The Federal Government must respond to the
growing needs of an increasingly diverse society.
(B) America's ethnic profile is rapidly changing. In
the year 2000, nearly one of every three persons in
America was a member of a minority group or was limited
English proficient.
(C) Minority children comprise an increasing
percentage of public school students.
(D) With such changing demographics, recruitment
efforts for special education personnel should focus on
increasing the participation of minorities in the
teaching profession in order to provide appropriate
role models with sufficient knowledge to address the
special education needs of these students.
(8)(A) The limited English proficient population is
the fastest growing in our Nation, and the growth is
occurring in many parts of our Nation.
(B) Studies have documented apparent discrepancies in
the levels of referral and placement of limited English
proficient children in special education.
(C) This poses a special challenge for special
education in the referral, assessment, and provision of
services for our Nation's students from non-English
language backgrounds.
(9)(A) Greater efforts are needed to prevent the
intensification of problems connected with mislabeling
and high dropout rates among minority children with
disabilities.
(B) More minority children continue to be served in
special education than would be expected from the
percentage of minority students in the general school
population.
(C) African American children are overidentified as
having mental retardation and emotional disturbance at
rates greater than their white counterparts.
(D) In the 1998-99 school year, African American
children represented just 14.8 percent of the
population aged 6 through 21, but comprised 20.2
percent of all children with disabilities.
(E) Studies have found that schools with
predominantly Caucasian students and teachers have
placed disproportionately high numbers of their
minority students into special education.
(10)(A) As the number of minority students in special
education increases, the number of minority teachers
and related services personnel produced in colleges and
universities continues to decrease.
(B) The opportunity for full participation by
minority individuals, organizations, and historically
black colleges and universities in awards for grants
and contracts, boards of organizations receiving
assistance under this Act, peer review panels, and
training of professionals in the area of special
education is essential to obtain greater success in the
education of minority children with disabilities.
(d) Purposes.--The purposes of this title are--
(1)(A) to ensure that all children with disabilities
have available to them a free appropriate public
education that emphasizes special education and related
services designed to meet their unique needs and
prepare them for further education, employment, and
independent living;
(B) to ensure that the rights of children with
disabilities and parents of such children are
protected; and
(C) to assist States, localities, educational service
agencies, and Federal agencies to provide for the
education of all children with disabilities;
(2) to assist States in the implementation of a
statewide, comprehensive, coordinated,
multidisciplinary, interagency system of early
intervention services for infants and toddlers with
disabilities and their families;
(3) to ensure that educators and parents have the
necessary tools to improve educational results for
children with disabilities by supporting system
improvement activities; coordinated research and
personnel preparation; coordinated technical
assistance, dissemination, and support; and technology
development and media services; and
(4) to assess, and ensure the effectiveness of,
efforts to educate children with disabilities.
SEC. 602. DEFINITIONS.
Except as otherwise provided, as used in this Act:
(1) Assistive technology device.--The term
``assistive technology device'' means any item, piece
of equipment, or product system, whether acquired
commercially off the shelf, modified, or customized,
that is used to increase, maintain, or improve
functional capabilities of a child with a disability.
(2) Assistive technology service.--The term
``assistive technology service'' means any service that
directly assists a child with a disability in the
selection, acquisition, or use of an assistive
technology device. Such term includes--
(A) the evaluation of the needs of such
child, including a functional evaluation of the
child in the child's customary environment;
(B) purchasing, leasing, or otherwise
providing for the acquisition of assistive
technology devices by such child;
(C) selecting, designing, fitting,
customizing, adapting, applying, maintaining,
repairing, or replacing of assistive technology
devices;
(D) coordinating and using other therapies,
interventions, or services with assistive
technology devices, such as those associated
with existing education and rehabilitation
plans and programs;
(E) training or technical assistance for such
child, or, where appropriate, the family of
such child; and
(F) training or technical assistance for
professionals (including individuals providing
education and rehabilitation services),
employers, or other individuals who provide
services to, employ, or are otherwise
substantially involved in the major life
functions of such child.
(3) Child with a disability.--
(A) In general.--The term ``child with a
disability'' means a child--
(i) with mental retardation, hearing
impairments (including deafness),
speech or language impairments, visual
impairments (including blindness),
serious emotional disturbance
(hereinafter referred to as ``emotional
disturbance''), orthopedic impairments,
autism, traumatic brain injury, other
health impairments, or specific
learning disabilities; and
(ii) who, by reason thereof, needs
special education and related services.
(B) Child aged 3 through 9.--The term ``child
with a disability '' for a child aged 3 through
9 or any subset of that age range, including
ages 3 through 5, may, at the discretion of the
State and the local educational agency, include
a child--
(i) experiencing developmental
delays, as defined by the State and as
measured by appropriate diagnostic
instruments and procedures, in one or
more of the following areas: physical
development, cognitive development,
communication development, social or
emotional development, or adaptive
development; and
(ii) who, by reason thereof, needs
special education and related services.
(4) Educational service agency.--The term
``educational service agency''--
(A) means a regional public multiservice
agency--
(i) authorized by State law to
develop, manage, and provide services
or programs to local educational
agencies; and
(ii) recognized as an administrative
agency for purposes of the provision of
special education and related services
provided within public elementary and
secondary schools of the State; and
(B) includes any other public institution or
agency having administrative control and
direction over a public elementary or secondary
school.
(5) Elementary school.--The term ``elementary
school'' means a nonprofit institutional day or
residential school that provides elementary education,
as determined under State law.
(6) Equipment.--The term ``equipment'' includes--
(A) machinery, utilities, and built-in
equipment and any necessary enclosures or
structures to house such machinery, utilities,
or equipment; and
(B) all other items necessary for the
functioning of a particular facility as a
facility for the provision of educational
services, including items such as instructional
equipment and necessary furniture; printed,
published, and audio-visual instructional
materials; telecommunications, sensory, and
other technological aids and devices; and
books, periodicals, documents, and other
related materials.
(7) Excess costs.--The term ``excess costs'' means
those costs that are in excess of the average annual
per-student expenditure in a local educational agency
during the preceding school year for an elementary or
secondary school student, as may be appropriate, and
which shall be computed after deducting--
(A) amounts received--
(i) under part B of this title;
(ii) under part A of title I of the
Elementary and Secondary Education Act
of 1965; and
(iii) under title III of that Act;
and
(B) any State or local funds expended for
programs that would qualify for assistance
under any of the provisions of law described in
subparagraph (A).
(8) Free appropriate public education.--The term
``free appropriate public education'' means special
education and related services that--
(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(d).
(9) Highly qualified.--The term ``highly qualified''
has the same meaning as that term in section 9101 of
the Elementary and Secondary Education Act of 1965.
(10) Indian.--The term ``Indian'' means an individual
who is a member of an Indian tribe.
(11) Indian tribe.--The term ``Indian tribe'' means
any Federal or State Indian tribe, band, rancheria,
pueblo, colony, or community, including any Alaska
Native village or regional village corporation (as
defined in or established under the Alaska Native
Claims Settlement Act).
(12) Individualized education program.--The term
``individualized education program'' or ``IEP'' means a
written statement for each child with a disability that
is developed, reviewed, and revised in accordance with
section 614(d).
(13) Individualized family service plan.--The term
``individualized family service plan'' has the meaning
given such term in section 636.
(14) Infant or toddler with a disability.--The term
``infant or toddler with a disability '' has the
meaning given such term in section 632.
(15) Institution of higher education.--The term
``institution of higher education''--
(A) has the meaning given that term in
subsection (a) or (b) of section 101 of the
Higher Education Act of 1965; and
(B) also includes any community college
receiving funding from the Secretary of the
Interior under the Tribally Controlled
Community College Assistance Act of 1978.
(16) Local educational agency.--
(A) The term ``local educational agency''
means a public board of education or other
public authority legally constituted within a
State for either administrative control or
direction of, or to perform a service function
for, public elementary or secondary schools in
a city, county, township, school district, or
other political subdivision of a State, or for
such combination of school districts or
counties as are recognized in a State as an
administrative agency for its public elementary
or secondary schools.
(B) The term includes--
(i) an educational service agency, as
defined in paragraph (4); and
(ii) any other public institution or
agency having administrative control
and direction of a public elementary or
secondary school.
(C) The term includes an elementary or
secondary school funded by the Bureau of Indian
Affairs, but only to the extent that such
inclusion makes the school eligible for
programs for which specific eligibility is not
provided to the school in another provision of
law and the school does not have a student
population that is smaller than the student
population of the local educational agency
receiving assistance under this Act with the
smallest student population, except that the
school shall not be subject to the jurisdiction
of any State educational agency other than the
Bureau of Indian Affairs.
(17) Native language.--The term ``native language'',
when used with reference to an individual of limited
English proficiency, means the language normally used
by the individual, or, in the case of a child, the
language normally used by the parents of the child.
(18) Nonprofit.--The term ``nonprofit'', as applied
to a school, agency, organization, or institution,
means a school, agency, organization, or institution
owned and operated by one or more nonprofit
corporations or associations no part of the net
earnings of which inures, or may lawfully inure, to the
benefit of any private shareholder or individual.
(19) Outlying area.--The term ``outlying area'' means
the United States Virgin Islands, Guam, American Samoa,
and the Commonwealth of the Northern Mariana Islands.
(20) Parent.--The term ``parent''--
(A) includes a legal guardian; and
(B) except as used in sections 615(b)(2) and
639(a)(5), includes an individual assigned
under either of those sections to be a
surrogate parent.
(21) Parent organization.--The term ``parent
organization'' has the meaning given that term in
section 672(g).
(22) Parent training and information center.--The
term ``parent training and information center'' means a
center assisted under sections 672 and 673.
(23) Related services.--The term ``related services''
means transportation, and such developmental,
corrective, and other supportive services (including
speech-language pathology and audiology services,
psychological services, physical and occupational
therapy, recreation, including therapeutic recreation,
social work services, counseling services, including
rehabilitation counseling, orientation and mobility
services, and medical services, except that such
medical services shall be for diagnostic and evaluation
purposes only) as may be required to assist a child
with a disability to benefit from special education,
and includes the early identification and assessment of
disabling conditions in children.
(24) Secondary school.--The term ``secondary school''
means a nonprofit institutional day or residential
school that provides secondary education, as determined
under State law, except that it does not include any
education beyond grade 12.
(25) Secretary.--The term ``Secretary'' means the
Secretary of Education.
(26) Special education.--The term ``special
education'' means specially designed instruction, at no
cost to parents, to meet the unique needs of a child
with a disability, including--
(A) instruction conducted in the classroom,
in the home, in hospitals and institutions, and
in other settings; and
(B) instruction in physical education.
(27) Specific learning disability.--
(A) In general.--The term ``specific learning
disability '' means a disorder in one or more
of the basic psychological processes involved
in understanding or in using language, spoken
or written, which disorder may manifest itself
in imperfect ability to listen, think, speak,
read, write, spell, or do mathematical
calculations.
(B) Disorders included.--Such term includes
such conditions as perceptual disabilities,
brain injury, minimal brain dysfunction,
dyslexia, and developmental aphasia.
(C) Disorders not included.--Such term does
not include a learning problem that is
primarily the result of visual, hearing, or
motor disabilities, of mental retardation, of
emotional disturbance, or of environmental,
cultural, or economic disadvantage.
(28) State.--The term ``State'' means each of the 50
States, the District of Columbia, the Commonwealth of
Puerto Rico, and each of the outlying areas.
(29) State educational agency.--The term ``State
educational agency'' means the State board of education
or other agency or officer primarily responsible for
the State supervision of public elementary and
secondary schools, or, if there is no such officer or
agency, an officer or agency designated by the Governor
or by State law.
(30) Supplementary aids and services.--The term
``supplementary aids and services'' means aids,
services, and other supports that are provided in
regular education classes or other education-related
settings to enable children with disabilities to be
educated with nondisabled children to the maximum
extent appropriate in accordance with section
612(a)(5).
(31) Transition services.--The term ``transition
services'' means a coordinated set of activities for a
child with a disability that--
(A) is designed within a results-oriented
process, that is focused on improving the
academic and developmental achievement of the
child with a disability to facilitate the
child's move from school to post-school
activities, including post-secondary education,
vocational training, integrated employment
(including supported employment), continuing
and adult education, adult services,
independent living, or community participation;
(B) is based upon the individual child's
needs, taking into account the child's skills,
preferences, and interests; and
(C) includes instruction, related services,
community experiences, the development of
employment and other post-school adult living
objectives, and, when appropriate, acquisition
of daily living skills and functional
vocational evaluation.
SEC. 603. OFFICE OF SPECIAL EDUCATION PROGRAMS.
(a) Establishment.--There shall be, within the Office of
Special Education and Rehabilitative Services in the Department
of Education, an Office of Special Education Programs, which
shall be the principal agency in such Department for
administering and carrying out this Act and other programs and
activities concerning the education of children with
disabilities.
(b) Director.--The Office established under subsection (a)
shall be headed by a Director who shall be selected by the
Secretary and shall report directly to the Assistant Secretary
for Special Education and Rehabilitative Services.
(c) Voluntary and Uncompensated Services.--Notwithstanding
section 1342 of title 31, United States Code, the Secretary is
authorized to accept voluntary and uncompensated services in
furtherance of the purposes of this Act.
* * * * * * *
[SEC. 605. ACQUISITION OF EQUIPMENT; CONSTRUCTION OR ALTERATION OF
FACILITIES.
[(a) In General.--If the Secretary determines that a program
authorized under this Act would be improved by permitting
program funds to be used to acquire appropriate equipment, or
to construct new facilities or alter existing facilities, the
Secretary is authorized to allow the use of those funds for
those purposes.
[(b) Compliance With Certain Regulations.--Any construction
of new facilities or alteration of existing facilities under
subsection (a) shall comply with the requirements of--
[(1) appendix A of part 36 of title 28, Code of
Federal Regulations (commonly known as the ``Americans
with Disabilities Accessibility Guidelines for
Buildings and Facilities''); or
[(2) appendix A of part 101-19.6 of title 41, Code of
Federal Regulations (commonly known as the ``Uniform
Federal Accessibility Standards'').
[SEC. 606. EMPLOYMENT OF INDIVIDUALS WITH DISABILITIES.
[The Secretary shall ensure that each recipient of assistance
under this Act makes positive efforts to employ and advance in
employment qualified individuals with disabilities in programs
assisted under this Act.
[SEC. 607. REQUIREMENTS FOR PRESCRIBING REGULATIONS.
[(a) Public Comment Period.--The Secretary shall provide a
public comment period of at least 90 days on any regulation
proposed under part B or part C of this Act on which an
opportunity for public comment is otherwise required by law.
[(b) Protections Provided to Children.--The Secretary may not
implement, or publish in final form, any regulation prescribed
pursuant to this Act that would procedurally or substantively
lessen the protections provided to children with disabilities
under this Act, as embodied in regulations in effect on July
20, 1983 (particularly as such protections relate to parental
consent to initial evaluation or initial placement in special
education, least restrictive environment, related services,
timelines, attendance of evaluation personnel at individualized
education program meetings, or qualifications of personnel),
except to the extent that such regulation reflects the clear
and unequivocal intent of the Congress in legislation.
[(c) Policy Letters and Statements.--The Secretary may not,
through policy letters or other statements, establish a rule
that is required for compliance with, and eligibility under,
this part without following the requirements of section 553 of
title 5, United States Code.
[(d) Correspondence From Department of Education Describing
Interpretations of This Part.--
[(1) In general.--The Secretary shall, on a quarterly
basis, publish in the Federal Register, and widely
disseminate to interested entities through various
additional forms of communication, a list of
correspondence from the Department of Education
received by individuals during the previous quarter
that describes the interpretations of the Department of
Education of this Act or the regulations implemented
pursuant to this Act.
[(2) Additional information.--For each item of
correspondence published in a list under paragraph (1),
the Secretary shall identify the topic addressed by the
correspondence and shall include such other summary
information as the Secretary determines to be
appropriate.
[(e) Issues of National Significance.--If the Secretary
receives a written request regarding a policy, question, or
interpretation under part B of this Act, and determines that it
raises an issue of general interest or applicability of
national significance to the implementation of part B, the
Secretary shall--
[(1) include a statement to that effect in any
written response;
[(2) widely disseminate that response to State
educational agencies, local educational agencies,
parent and advocacy organizations, and other interested
organizations, subject to applicable laws relating to
confidentiality of information; and
[(3) not later than one year after the date on which
the Secretary responds to the written request, issue
written guidance on such policy, question, or
interpretation through such means as the Secretary
determines to be appropriate and consistent with law,
such as a policy memorandum, notice of interpretation,
or notice of proposed rulemaking.
[(f) Explanation.--Any written response by the Secretary
under subsection (e) regarding a policy, question, or
interpretation under part B of this Act shall include an
explanation that the written response--
[(1) is provided as informal guidance and is not
legally binding; and
[(2) represents the interpretation by the Department
of Education of the applicable statutory or regulatory
requirements in the context of the specific facts
presented.]
SEC. 605. ACQUISITION OF EQUIPMENT; CONSTRUCTION OR ALTERATION OF
FACILITIES.
(a) In General.--If the Secretary determines that a program
authorized under this Act would be improved by permitting
program funds to be used to acquire appropriate equipment, or
to construct new facilities or alter existing facilities, the
Secretary is authorized to allow the use of those funds for
those purposes.
(b) Compliance With Certain Regulations.--Any construction of
new facilities or alteration of existing facilities under
subsection (a) shall comply with the requirements of--
(1) appendix A of part 36 of title 28, Code of
Federal Regulations (commonly known as the ``Americans
with Disabilities Accessibility Guidelines for
Buildings and Facilities''); or
(2) appendix A of part 101-19.6 of title 41, Code of
Federal Regulations (commonly known as the ``Uniform
Federal Accessibility Standards'').
SEC. 606. EMPLOYMENT OF INDIVIDUALS WITH DISABILITIES.
The Secretary shall ensure that each recipient of assistance
under this Act makes positive efforts to employ and advance in
employment qualified individuals with disabilities,
particularly as teachers, related services personnel, early
intervention providers, and administrators, in programs
assisted under this Act.
SEC. 607. REQUIREMENTS FOR PRESCRIBING REGULATIONS.
(a) In General.--The Secretary may issue regulations under
this Act only to the extent that such regulations are
reasonably necessary to ensure that there is compliance with
the specific requirements of this Act.
(b) Protections Provided to Children.--The Secretary may not
implement, or publish in final form, any regulation prescribed
pursuant to this Act that would--
(1) violate or contradict any provision of this Act;
and
(2) procedurally or substantively lessen the
protections provided to children with disabilities
under this Act, as embodied in regulations in effect on
July 20, 1983 (particularly as such protections relate
to parental consent to initial evaluation or initial
placement in special education, least restrictive
environment, related services, timelines, attendance of
evaluation personnel at individualized education
program meetings, or qualifications of personnel),
except to the extent that such regulation reflects the
clear and unequivocal intent of the Congress in
legislation.
(c) Public Comment Period.--The Secretary shall provide a
public comment period of at least 60 days on any regulation
proposed under part B or part C of this Act on which an
opportunity for public comment is otherwise required by law.
(d) Policy Letters and Statements.--The Secretary may not
issue policy letters or other statements (including on issues
of national significance) that--
(1) would violate or contradict any provision of this
Act; or
(2) establish a rule that is required for compliance
with, and eligibility under, this Act without following
the requirements of section 553 of title 5, United
States Code.
(e) Correspondence From Department of Education Describing
Interpretations of This Part.--
(1) In general.--The Secretary shall, on a quarterly
basis, publish in the Federal Register, and widely
disseminate to interested entities through various
additional forms of communication, a list of
correspondence from the Department of Education
received by individuals during the previous quarter
that describes the interpretations of the Department of
Education of this Act or the regulations implemented
pursuant to this Act.
(2) Additional information.--For each item of
correspondence published in a list under paragraph (1),
the Secretary shall--
(A) identify the topic addressed by the
correspondence and shall include such other
summary information as the Secretary determines
to be appropriate; and
(B) ensure that all such correspondence is
issued, where applicable, in compliance with
section 553 of title 5, United States Code.
(f) Explanation and Assurances.--Any written response by the
Secretary under subsection (e) regarding a policy, question, or
interpretation under this Act shall include an explanation in
the written response that the response--
(1) is issued, when required, in compliance with the
requirements of section 553 of title 5, United States
Code; and
(2) is provided as informal guidance and represents
only the interpretation by the Department of Education
of the applicable statutory or regulatory requirements
in the context of the specific facts presented in the
original question.
SEC. 608. STATE ADMINISTRATION.
(a) Rulemaking.--Each State that receives funds under this
Act shall--
(1) ensure that any State rules, regulations, and
policies relating to this Act conform to the purposes
of this Act; and
(2) minimize the number of rules, regulations, and
policies to which the State's local educational
agencies and schools are subject to under this Act.
(b) Support and Facilitation.--All State rules, regulations,
and policies relating to this Act shall support and facilitate
local educational agency and school-level systemic reform
designed to enable children with disabilities to meet the
challenging State student academic achievement standards.
PART B--ASSISTANCE FOR EDUCATION OF ALL CHILDREN WITH DISABILITIES
[SEC. 611. AUTHORIZATION; ALLOTMENT; USE OF FUNDS; AUTHORIZATION OF
APPROPRIATIONS.
[(a) Grants to States.--
[(1) Purpose of grants.--The Secretary shall make
grants to States and the outlying areas, and provide
funds to the Secretary of the Interior, to assist them
to provide special education and related services to
children with disabilities in accordance with this
part.
[(2) Maximum amounts.--The maximum amount of the
grant a State may receive under this section for any
fiscal year is--
[(A) the number of children with disabilities
in the State who are receiving special
education and related services--
[(i) aged 3 through 5 if the State is
eligible for a grant under section 619;
and
[(ii) aged 6 through 21; multiplied
by
[(B) 40 percent of the average per-pupil
expenditure in public elementary and secondary
schools in the United States.
[(b) Outlying Areas and Freely Associated States.--
[(1) Funds reserved.--From the amount appropriated
for any fiscal year under subsection (j), the Secretary
shall reserve not more than one percent, which shall be
used--
[(A) to provide assistance to the outlying
areas in accordance with their respective
populations of individuals aged 3 through 21;
and
[(B) for fiscal years 1998 through 2001, to
carry out the competition described in
paragraph (2), except that the amount reserved
to carry out that competition shall not exceed
the amount reserved for fiscal year 1996 for
the competition under part B of this Act
described under the heading ``SPECIAL
EDUCATION'' in Public Law 104-134.
[(2) Limitation for freely associated states.--
[(A) Competitive grants.--The Secretary shall
use funds described in paragraph (1)(B) to
award grants, on a competitive basis, to Guam,
American Samoa, the Commonwealth of the
Northern Mariana Islands, and the freely
associated States to carry out the purposes of
this part.
[(B) Award basis.--The Secretary shall award
grants under subparagraph (A) on a competitive
basis, pursuant to the recommendations of the
Pacific Region Educational Laboratory in
Honolulu, Hawaii. Those recommendations shall
be made by experts in the field of special
education and related services.
[(C) Assistance requirements.--Any freely
associated State that wishes to receive funds
under this part shall include, in its
application for assistance--
[(i) information demonstrating that
it will meet all conditions that apply
to States under this part;
[(ii) an assurance that,
notwithstanding any other provision of
this part, it will use those funds only
for the direct provision of special
education and related services to
children with disabilities and to
enhance its capacity to make a free
appropriate public education available
to all children with disabilities;
[(iii) the identity of the source and
amount of funds, in addition to funds
under this part, that it will make
available to ensure that a free
appropriate public education is
available to all children with
disabilities within its jurisdiction;
and
[(iv) such other information and
assurances as the Secretary may
require.
[(D) Termination of eligibility.--
Notwithstanding any other provision of law, the
freely associated States shall not receive any
funds under this part for any program year that
begins after September 30, 2001.
[(E) Administrative costs.--The Secretary may
provide not more than five percent of the
amount reserved for grants under this paragraph
to pay the administrative costs of the Pacific
Region Educational Laboratory under
subparagraph (B).
[(3) Limitation.--An outlying area is not eligible
for a competitive award under paragraph (2) unless it
receives assistance under paragraph (1)(A).
[(4) Special rule.--The provisions of Public Law 95-
134, permitting the consolidation of grants by the
outlying areas, shall not apply to funds provided to
those areas or to the freely associated States under
this section.
[(5) Eligibility for discretionary programs.--The
freely associated States shall be eligible to receive
assistance under subpart 2 of part D of this Act until
September 30, 2001.
[(6) Definition.--As used in this subsection, the
term ``freely associated States'' means the Republic of
the Marshall Islands, the Federated States of
Micronesia, and the Republic of Palau.
[(c) Secretary of the Interior.--From the amount appropriated
for any fiscal year under subsection (j), the Secretary shall
reserve 1.226 percent to provide assistance to the Secretary of
the Interior in accordance with subsection (i).
[(d) Allocations to States.--
[(1) In general.--After reserving funds for studies
and evaluations under section 674(e), and for payments
to the outlying areas and the Secretary of the Interior
under subsections (b) and (c), the Secretary shall
allocate the remaining amount among the States in
accordance with paragraph (2) or subsection (e), as the
case may be.
[(2) Interim formula.--Except as provided in
subsection (e), the Secretary shall allocate the amount
described in paragraph (1) among the States in
accordance with section 611(a)(3), (4), and (5) and
(b)(1), (2), and (3) of this Act, as in effect prior to
the enactment of the Individuals with Disabilities
Education Act Amendments of 1997, except that the
determination of the number of children with
disabilities receiving special education and related
services under such section 611(a)(3) may, at the
State's discretion, be calculated as of the last Friday
in October or as of December 1 of the fiscal year for
which the funds are appropriated.
[(e) Permanent Formula.--
[(1) Establishment of base year.--The Secretary shall
allocate the amount described in subsection (d)(1)
among the States in accordance with this subsection for
each fiscal year beginning with the first fiscal year
for which the amount appropriated under subsection (j)
is more than $4,924,672,200.
[(2) Use of base year.--
[(A) Definition.--As used in this subsection,
the term ``base year'' means the fiscal year
preceding the first fiscal year in which this
subsection applies.
[(B) Special rule for use of base year
amount.--If a State received any funds under
this section for the base year on the basis of
children aged 3 through 5, but does not make a
free appropriate public education available to
all children with disabilities aged 3 through 5
in the State in any subsequent fiscal year, the
Secretary shall compute the State's base year
amount, solely for the purpose of calculating
the State's allocation in that subsequent year
under paragraph (3) or (4), by subtracting the
amount allocated to the State for the base year
on the basis of those children.
[(3) Increase in funds.--If the amount available for
allocations to States under paragraph (1) is equal to
or greater than the amount allocated to the States
under this paragraph for the preceding fiscal year,
those allocations shall be calculated as follows:
[(A)(i) Except as provided in subparagraph
(B), the Secretary shall--
[(I) allocate to each State the
amount it received for the base year;
[(II) allocate 85 percent of any
remaining funds to States on the basis
of their relative populations of
children aged 3 through 21 who are of
the same age as children with
disabilities for whom the State ensures
the availability of a free appropriate
public education under this part; and
[(III) allocate 15 percent of those
remaining funds to States on the basis
of their relative populations of
children described in subclause (II)
who are living in poverty.
[(ii) For the purpose of making grants under
this paragraph, the Secretary shall use the
most recent population data, including data on
children living in poverty, that are available
and satisfactory to the Secretary.
[(B) Notwithstanding subparagraph (A), allocations
under this paragraph shall be subject to the following:
[(i) No State's allocation shall be
less than its allocation for the
preceding fiscal year.
[(ii) No State's allocation shall be
less than the greatest of--
[(I) the sum of--
[(aa) the amount it
received for the base
year; and
[(bb) one third of
one percent of the
amount by which the
amount appropriated
under subsection (j)
exceeds the amount
appropriated under this
section for the base
year;
[(II) the sum of--
[(aa) the amount it
received for the
preceding fiscal year;
and
[(bb) that amount
multiplied by the
percentage by which the
increase in the funds
appropriated from the
preceding fiscal year
exceeds 1.5 percent; or
[(III) the sum of--
[(aa) the amount it
received for the
preceding fiscal year;
and
[(bb) that amount
multiplied by 90
percent of the
percentage increase in
the amount appropriated
from the preceding
fiscal year.
[(iii) Notwithstanding clause (ii),
no State's allocation under this
paragraph shall exceed the sum of--
[(I) the amount it received
for the preceding fiscal year;
and
[(II) that amount multiplied
by the sum of 1.5 percent and
the percentage increase in the
amount appropriated.
[(C) If the amount available for allocations
under this paragraph is insufficient to pay
those allocations in full, those allocations
shall be ratably reduced, subject to
subparagraph (B)(i).
[(4) Decrease in funds.--If the amount available for
allocations to States under paragraph (1) is less than
the amount allocated to the States under this section
for the preceding fiscal year, those allocations shall
be calculated as follows:
[(A) If the amount available for allocations
is greater than the amount allocated to the
States for the base year, each State shall be
allocated the sum of--
[(i) the amount it received for the
base year; and
[(ii) an amount that bears the same
relation to any remaining funds as the
increase the State received for the
preceding fiscal year over the base
year bears to the total of all such
increases for all States.
[(B)(i) If the amount available for
allocations is equal to or less than the amount
allocated to the States for the base year, each
State shall be allocated the amount it received
for the base year.
[(ii) If the amount available is
insufficient to make the allocations
described in clause (i), those
allocations shall be ratably reduced.
[(f) State-Level Activities.--
[(1) General.--
[(A) Each State may retain not more than the
amount described in subparagraph (B) for
administration and other State-level activities
in accordance with paragraphs (2) and (3).
[(B) For each fiscal year, the Secretary
shall determine and report to the State
educational agency an amount that is 25 percent
of the amount the State received under this
section for fiscal year 1997, cumulatively
adjusted by the Secretary for each succeeding
fiscal year by the lesser of--
[(i) the percentage increase, if any,
from the preceding fiscal year in the
State's allocation under this section;
or
[(ii) the rate of inflation, as
measured by the percentage increase, if
any, from the preceding fiscal year in
the Consumer Price Index For All Urban
Consumers, published by the Bureau of
Labor Statistics of the Department of
Labor.
[(C) A State may use funds it retains under
subparagraph (A) without regard to--
[(i) the prohibition on commingling
of funds in section 612(a)(18)(B); and
[(ii) the prohibition on supplanting
other funds in section 612(a)(18)(C).
[(2) State administration.--
[(A) For the purpose of administering this
part, including section 619 (including the
coordination of activities under this part
with, and providing technical assistance to,
other programs that provide services to
children with disabilities)--
[(i) each State may use not more than
twenty percent of the maximum amount it
may retain under paragraph (1)(A) for
any fiscal year or $500,000 (adjusted
by the cumulative rate of inflation
since fiscal year 1998, as measured by
the percentage increase, if any, in the
Consumer Price Index For All Urban
Consumers, published by the Bureau of
Labor Statistics of the Department of
Labor), whichever is greater; and
[(ii) each outlying area may use up
to five percent of the amount it
receives under this section for any
fiscal year or $35,000, whichever is
greater.
[(B) Funds described in subparagraph (A) may
also be used for the administration of part C
of this Act, if the State educational agency is
the lead agency for the State under that part.
[(3) Other state-level activities.--Each State shall
use any funds it retains under paragraph (1) and does
not use for administration under paragraph (2) for any
of the following:
[(A) Support and direct services, including
technical assistance and personnel development
and training.
[(B) Administrative costs of monitoring and
complaint investigation, but only to the extent
that those costs exceed the costs incurred for
those activities during fiscal year 1985.
[(C) To establish and implement the mediation
process required by section 615(e), including
providing for the costs of mediators and
support personnel.
[(D) To assist local educational agencies in
meeting personnel shortages.
[(E) To develop a State Improvement Plan
under subpart 1 of part D.
[(F) Activities at the State and local levels
to meet the performance goals established by
the State under section 612(a)(16) and to
support implementation of the State Improvement
Plan under subpart 1 of part D if the State
receives funds under that subpart.
[(G) To supplement other amounts used to
develop and implement a Statewide coordinated
services system designed to improve results for
children and families, including children with
disabilities and their families, but not to
exceed one percent of the amount received by
the State under this section. This system shall
be coordinated with and, to the extent
appropriate, build on the system of coordinated
services developed by the State under part C of
this Act.
[(H) For subgrants to local educational
agencies for the purposes described in
paragraph (4)(A).
[(4)(A) Subgrants to local educational agencies for
capacity-building and improvement.--In any fiscal year
in which the percentage increase in the State's
allocation under this section exceeds the rate of
inflation (as measured by the percentage increase, if
any, from the preceding fiscal year in the Consumer
Price Index For All Urban Consumers, published by the
Bureau of Labor Statistics of the Department of Labor),
each State shall reserve, from its allocation under
this section, the amount described in subparagraph (B)
to make subgrants to local educational agencies, unless
that amount is less than $100,000, to assist them in
providing direct services and in making systemic change
to improve results for children with disabilities
through one or more of the following:
[(i) Direct services, including alternative
programming for children who have been expelled
from school, and services for children in
correctional facilities, children enrolled in
State-operated or State-supported schools, and
children in charter schools.
[(ii) Addressing needs or carrying out
improvement strategies identified in the
State's Improvement Plan under subpart 1 of
part D.
[(iii) Adopting promising practices,
materials, and technology, based on knowledge
derived from education research and other
sources.
[(iv) Establishing, expanding, or
implementing interagency agreements and
arrangements between local educational agencies
and other agencies or organizations concerning
the provision of services to children with
disabilities and their families.
[(v) Increasing cooperative problem-solving
between parents and school personnel and
promoting the use of alternative dispute
resolution.
[(B) Maximum subgrant.--For each fiscal year, the
amount referred to in subparagraph (A) is--
[(i) the maximum amount the State was allowed
to retain under paragraph (1)(A) for the prior
fiscal year, or for fiscal year 1998, 25
percent of the State's allocation for fiscal
year 1997 under this section; multiplied by
[(ii) the difference between the percentage
increase in the State's allocation under this
section and the rate of inflation, as measured
by the percentage increase, if any, from the
preceding fiscal year in the Consumer Price
Index For All Urban Consumers, published by the
Bureau of Labor Statistics of the Department of
Labor.
[(5) Report on use of funds.--As part of the
information required to be submitted to the Secretary
under section 612, each State shall annually describe--
[(A) how amounts retained under paragraph (1)
will be used to meet the requirements of this
part;
[(B) how those amounts will be allocated
among the activities described in paragraphs
(2) and (3) to meet State priorities based on
input from local educational agencies; and
[(C) the percentage of those amounts, if any,
that will be distributed to local educational
agencies by formula.
[(g) Subgrants to Local Educational Agencies.--
[(1) Subgrants required.--Each State that receives a
grant under this section for any fiscal year shall
distribute any funds it does not retain under
subsection (f ) (at least 75 percent of the grant
funds) to local educational agencies in the State that
have established their eligibility under section 613,
and to State agencies that received funds under section
614A(a) of this Act for fiscal year 1997, as then in
effect, and have established their eligibility under
section 613, for use in accordance with this part.
[(2) Allocations to local educational agencies.--
[(A) Interim procedure.--For each fiscal year
for which funds are allocated to States under
subsection (d)(2), each State shall allocate
funds under paragraph (1) in accordance with
section 611(d) of this Act, as in effect prior
to the enactment of the Individuals with
Disabilities Education Act Amendments of 1997.
[(B) Permanent procedure.--For each fiscal
year for which funds are allocated to States
under subsection (e), each State shall allocate
funds under paragraph (1) as follows:
[(i) Base payments.--The State shall
first award each agency described in
paragraph (1) the amount that agency
would have received under this section
for the base year, as defined in
subsection (e)(2)(A), if the State had
distributed 75 percent of its grant for
that year under section 611(d), as then
in effect.
[(ii) Allocation of remaining
funds.--After making allocations under
clause (i), the State shall--
[(I) allocate 85 percent of
any remaining funds to those
agencies on the basis of the
relative numbers of children
enrolled in public and private
elementary and secondary
schools within the agency's
jurisdiction; and
[(II) allocate 15 percent of
those remaining funds to those
agencies in accordance with
their relative numbers of
children living in poverty, as
determined by the State
educational agency.
[(3) Former chapter 1 state agencies.--
[(A) To the extent necessary, the State--
[(i) shall use funds that are
available under subsection (f )(1)(A)
to ensure that each State agency that
received fiscal year 1994 funds under
subpart 2 of part D of chapter 1 of
title I of the Elementary and Secondary
Education Act of 1965 receives, from
the combination of funds under
subsection (f )(1)(A) and funds
provided under paragraph (1) of this
subsection, an amount equal to--
[(I) the number of children
with disabilities, aged 6
through 21, to whom the agency
was providing special education
and related services on
December 1 of the fiscal year
for which the funds were
appropriated, subject to the
limitation in subparagraph (B);
multiplied by
[(II) the per-child amount
provided under such subpart for
fiscal year 1994; and
[(ii) may use those funds to ensure
that each local educational agency that
received fiscal year 1994 funds under
that subpart for children who had
transferred from a State-operated or
State-supported school or program
assisted under that subpart receives,
from the combination of funds available
under subsection (f )(1)(A) and funds
provided under paragraph (1) of this
subsection, an amount for each such
child, aged 3 through 21 to whom the
agency was providing special education
and related services on December 1 of
the fiscal year for which the funds
were appropriated, equal to the per-
child amount the agency received under
that subpart for fiscal year 1994.
[(B) The number of children counted under
subparagraph (A)(i)(I) shall not exceed the
number of children aged 3 through 21 for whom
the agency received fiscal year 1994 funds
under subpart 2 of part D of chapter 1 of title
I of the Elementary and Secondary Education Act
of 1965.
[(4) Reallocation of funds.--If a State educational
agency determines that a local educational agency is
adequately providing a free appropriate public
education to all children with disabilities residing in
the area served by that agency with State and local
funds, the State educational agency may reallocate any
portion of the funds under this part that are not
needed by that local agency to provide a free
appropriate public education to other local educational
agencies in the State that are not adequately providing
special education and related services to all children
with disabilities residing in the areas they serve.
[(h) Definitions.--For the purpose of this section--
[(1) the term ``average per-pupil expenditure in
public elementary and secondary schools in the United
States'' means--
[(A) without regard to the source of funds--
[(i) the aggregate current
expenditures, during the second fiscal
year preceding the fiscal year for
which the determination is made (or, if
satisfactory data for that year are not
available, during the most recent
preceding fiscal year for which
satisfactory data are available) of all
local educational agencies in the 50
States and the District of Columbia);
plus
[(ii) any direct expenditures by the
State for the operation of those
agencies; divided by
[(B) the aggregate number of children in
average daily attendance to whom those agencies
provided free public education during that
preceding year; and
[(2) the term ``State'' means each of the 50 States,
the District of Columbia, and the Commonwealth of
Puerto Rico.
[(i) Use of Amounts by Secretary of the Interior.--
[(1) Provision of amounts for assistance.--
[(A) In general.--The Secretary of Education
shall provide amounts to the Secretary of the
Interior to meet the need for assistance for
the education of children with disabilities on
reservations aged 5 to 21, inclusive, enrolled
in elementary and secondary schools for Indian
children operated or funded by the Secretary of
the Interior. The amount of such payment for
any fiscal year shall be equal to 80 percent of
the amount allotted under subsection (c) for
that fiscal year.
[(B) Calculation of number of children.--In
the case of Indian students aged 3 to 5,
inclusive, who are enrolled in programs
affiliated with the Bureau of Indian Affairs
(hereafter in this subsection referred to as
``BIA'') schools and that are required by the
States in which such schools are located to
attain or maintain State accreditation, and
which schools have such accreditation prior to
the date of enactment of the Individuals with
Disabilities Education Act Amendments of 1991,
the school shall be allowed to count those
children for the purpose of distribution of the
funds provided under this paragraph to the
Secretary of the Interior. The Secretary of the
Interior shall be responsible for meeting all
of the requirements of this part for these
children, in accordance with paragraph (2).
[(C) Additional requirement.--With respect to
all other children aged 3 to 21, inclusive, on
reservations, the State educational agency
shall be responsible for ensuring that all of
the requirements of this part are implemented.
[(2) Submission of information.--The Secretary of
Education may provide the Secretary of the Interior
amounts under paragraph (1) for a fiscal year only if
the Secretary of the Interior submits to the Secretary
of Education information that--
[(A) demonstrates that the Department of the
Interior meets the appropriate requirements, as
determined by the Secretary of Education, of
sections 612 (including monitoring and
evaluation activities) and 613;
[(B) includes a description of how the
Secretary of the Interior will coordinate the
provision of services under this part with
local educational agencies, tribes and tribal
organizations, and other private and Federal
service providers;
[(C) includes an assurance that there are
public hearings, adequate notice of such
hearings, and an opportunity for comment
afforded to members of tribes, tribal governing
bodies, and affected local school boards before
the adoption of the policies, programs, and
procedures described in subparagraph (A);
[(D) includes an assurance that the Secretary
of the Interior will provide such information
as the Secretary of Education may require to
comply with section 618;
[(E) includes an assurance that the Secretary
of the Interior and the Secretary of Health and
Human Services have entered into a memorandum
of agreement, to be provided to the Secretary
of Education, for the coordination of services,
resources, and personnel between their
respective Federal, State, and local offices
and with State and local educational agencies
and other entities to facilitate the provision
of services to Indian children with
disabilities residing on or near reservations
(such agreement shall provide for the
apportionment of responsibilities and costs
including, but not limited to, child find,
evaluation, diagnosis, remediation or
therapeutic measures, and (where appropriate)
equipment and medical or personal supplies as
needed for a child to remain in school or a
program); and
[(F) includes an assurance that the
Department of the Interior will cooperate with
the Department of Education in its exercise of
monitoring and oversight of this application,
and any agreements entered into between the
Secretary of the Interior and other entities
under this part, and will fulfill its duties
under this part.
Section 616(a) shall apply to the information described
in this paragraph.
[(3) Payments for education and services for indian
children with disabilities aged 3 through 5.--
[(A) In general.--With funds appropriated
under subsection (j), the Secretary of
Education shall make payments to the Secretary
of the Interior to be distributed to tribes or
tribal organizations (as defined under section
4 of the Indian Self-Determination and
Education Assistance Act) or consortia of the
above to provide for the coordination of
assistance for special education and related
services for children with disabilities aged 3
through 5 on reservations served by elementary
and secondary schools for Indian children
operated or funded by the Department of the
Interior. The amount of such payments under
subparagraph (B) for any fiscal year shall be
equal to 20 percent of the amount allotted
under subsection (c).
[(B) Distribution of funds.--The Secretary of
the Interior shall distribute the total amount
of the payment under subparagraph (A) by
allocating to each tribe or tribal organization
an amount based on the number of children with
disabilities ages 3 through 5 residing on
reservations as reported annually, divided by
the total of those children served by all
tribes or tribal organizations.
[(C) Submission of information.--To receive a
payment under this paragraph, the tribe or
tribal organization shall submit such figures
to the Secretary of the Interior as required to
determine the amounts to be allocated under
subparagraph (B). This information shall be
compiled and submitted to the Secretary of
Education.
[(D) Use of funds.--The funds received by a
tribe or tribal organization shall be used to
assist in child find, screening, and other
procedures for the early identification of
children aged 3 through 5, parent training, and
the provision of direct services. These
activities may be carried out directly or
through contracts or cooperative agreements
with the BIA, local educational agencies, and
other public or private nonprofit
organizations. The tribe or tribal organization
is encouraged to involve Indian parents in the
development and implementation of these
activities. The above entities shall, as
appropriate, make referrals to local, State, or
Federal entities for the provision of services
or further diagnosis.
[(E) Biennial report.--To be eligible to
receive a grant pursuant to subparagraph (A),
the tribe or tribal organization shall provide
to the Secretary of the Interior a biennial
report of activities undertaken under this
paragraph, including the number of contracts
and cooperative agreements entered into, the
number of children contacted and receiving
services for each year, and the estimated
number of children needing services during the
2 years following the one in which the report
is made. The Secretary of the Interior shall
include a summary of this information on a
biennial basis in the report to the Secretary
of Education required under this subsection.
The Secretary of Education may require any
additional information from the Secretary of
the Interior.
[(F) Prohibitions.--None of the funds
allocated under this paragraph may be used by
the Secretary of the Interior for
administrative purposes, including child count
and the provision of technical assistance.
[(4) Plan for coordination of services.--The
Secretary of the Interior shall develop and implement a
plan for the coordination of services for all Indian
children with disabilities residing on reservations
covered under this Act. Such plan shall provide for the
coordination of services benefiting these children from
whatever source, including tribes, the Indian Health
Service, other BIA divisions, and other Federal
agencies. In developing the plan, the Secretary of the
Interior shall consult with all interested and involved
parties. It shall be based on the needs of the children
and the system best suited for meeting those needs, and
may involve the establishment of cooperative agreements
between the BIA, other Federal agencies, and other
entities. The plan shall also be distributed upon
request to States, State and local educational
agencies, and other agencies providing services to
infants, toddlers, and children with disabilities, to
tribes, and to other interested parties.
[(5) Establishment of advisory board.--To meet the
requirements of section 612(a)(21), the Secretary of
the Interior shall establish, not later than 6 months
after the date of the enactment of the Individuals with
Disabilities Education Act Amendments of 1997, under
the BIA, an advisory board composed of individuals
involved in or concerned with the education and
provision of services to Indian infants, toddlers,
children, and youth with disabilities, including
Indians with disabilities, Indian parents or guardians
of such children, teachers, service providers, State
and local educational officials, representatives of
tribes or tribal organizations, representatives from
State Interagency Coordinating Councils under section
641 in States having reservations, and other members
representing the various divisions and entities of the
BIA. The chairperson shall be selected by the Secretary
of the Interior. The advisory board shall--
[(A) assist in the coordination of services
within the BIA and with other local, State, and
Federal agencies in the provision of education
for infants, toddlers, and children with
disabilities;
[(B) advise and assist the Secretary of the
Interior in the performance of the Secretary's
responsibilities described in this subsection;
[(C) develop and recommend policies
concerning effective inter- and intra-agency
collaboration, including modifications to
regulations, and the elimination of barriers to
inter- and intra-agency programs and
activities;
[(D) provide assistance and disseminate
information on best practices, effective
program coordination strategies, and
recommendations for improved educational
programming for Indian infants, toddlers, and
children with disabilities; and
[(E) provide assistance in the preparation of
information required under paragraph (2)(D).
[(6) Annual reports.--
[(A) In general.--The advisory board
established under paragraph (5) shall prepare
and submit to the Secretary of the Interior and
to the Congress an annual report containing a
description of the activities of the advisory
board for the preceding year.
[(B) Availability.--The Secretary of the
Interior shall make available to the Secretary
of Education the report described in
subparagraph (A).
[(j) Authorization of Appropriations.--For the purpose of
carrying out this part, other than section 619, there are
authorized to be appropriated such sums as may be necessary.]
SEC. 611. AUTHORIZATION; ALLOTMENT; USE OF FUNDS; AUTHORIZATION OF
APPROPRIATIONS.
(a) Grants to States.--
(1) Purpose of grants.--The Secretary shall make
grants to States and the outlying areas, and provide
funds to the Secretary of the Interior, to assist them
to provide special education and related services to
children with disabilities in accordance with this
part.
(2) Maximum amounts.--The maximum amount of the grant
a State may receive under this section for any fiscal
year is--
(A) the number of children with disabilities
in the State who are receiving special
education and related services--
(i) aged 3 through 5 if the State is
eligible for a grant under section 619;
and
(ii) aged 6 through 21; multiplied by
(B) 40 percent of the average per-pupil
expenditure in public elementary and secondary
schools in the United States.
(3) Limitation.--Notwithstanding subparagraphs (A)
and (B) of paragraph (2), the maximum amount of the
grant a State may receive under this section for a
fiscal year may not be based on the number of children
ages 3 through 17, inclusive, in excess of 13.5 percent
of the number of all children in that age range in the
State.
(b) Outlying Areas.--
(1) Funds reserved.--From the amount appropriated for
any fiscal year under subsection (i), the Secretary
shall reserve not more than one percent, which shall be
used to provide assistance to the outlying areas in
accordance with their respective populations of
individuals aged 3 through 21.
(2) Special rule.--The provisions of Public Law 95-
134, permitting the consolidation of grants by the
outlying areas, shall not apply to funds provided to
those areas under this section.
(c) Secretary of the Interior.--From the amount appropriated
for any fiscal year under subsection (i), the Secretary shall
reserve 1.226 percent to provide assistance to the Secretary of
the Interior in accordance with subsection (h).
(d) Allocations to States.--
(1) In general.--After reserving funds for payments
to the outlying areas and the Secretary of the Interior
under subsections (b) and (c), the Secretary shall
allocate the remaining amount among the States in
accordance with this subsection.
(2) Special rule for use of fiscal year 1999
amount.--If a State does not make a free appropriate
public education available to all children with
disabilities aged 3 through 5 in the State in any
fiscal year, the Secretary shall compute the State's
amount for fiscal year 1999, solely for the purpose of
calculating the State's allocation in the subsequent
year under paragraph (3) or (4), by subtracting the
amount allocated to the State for fiscal year 1999 on
the basis of those children.
(3) Increase in funds.--If the amount available for
allocations to States under paragraph (1) is greater
than the amount allocated to the States under this
paragraph for the preceding fiscal year, those
allocations shall be calculated as follows:
(A)(i) Except as provided in subparagraph
(B), the Secretary shall allocate--
(I) to each State the amount it
received for fiscal year 1999;
(II) 85 percent of any remaining
funds to States on the basis of their
relative populations of children aged 3
through 21 who are of the same age as
children with disabilities for whom the
State ensures the availability of a
free appropriate public education under
this part; and
(III) 15 percent of those remaining
funds to States on the basis of their
relative populations of children
described in subclause (II) who are
living in poverty.
(ii) For the purpose of making grants under
this paragraph, the Secretary shall use the
most recent population data, including data on
children living in poverty, that are available
and satisfactory to the Secretary.
(B) Notwithstanding subparagraph (A),
allocations under this paragraph shall be
subject to the following:
(i) No State's allocation shall be
less than its allocation for the
preceding fiscal year.
(ii) No State's allocation shall be
less than the greatest of--
(I) the sum of--
(aa) the amount it
received for fiscal
year 1999; and
(bb) one-third of one
percent of the amount
by which the amount
appropriated under
subsection (i) exceeds
the amount appropriated
under this section for
fiscal year 1999;
(II) the sum of--
(aa) the amount it
received for the
preceding fiscal year;
and
(bb) that amount
multiplied by the
percentage by which the
increase in the funds
appropriated from the
preceding fiscal year
exceeds 1.5 percent; or
(III) the sum of--
(aa) the amount it
received for the
preceding fiscal year;
and
(bb) that amount
multiplied by 90
percent of the
percentage increase in
the amount appropriated
from the preceding
fiscal year.
(iii) Notwithstanding clause (ii), no
State's allocation under this paragraph
shall exceed the sum of--
(I) the amount it received
for the preceding fiscal year;
and
(II) that amount multiplied
by the sum of 1.5 percent and
the percentage increase in the
amount appropriated.
(C) If the amount available for allocations
under this paragraph is insufficient to pay
those allocations in full, those allocations
shall be ratably reduced, subject to
subparagraph (B)(i).
(4) Decrease in funds.--If the amount available for
allocations to States under paragraph (1) is less than
the amount allocated to the States under this section
for the preceding fiscal year, those allocations shall
be calculated as follows:
(A) If the amount available for allocations
is greater than the amount allocated to the
States for fiscal year 1999, each State shall
be allocated the sum of--
(i) the amount it received for fiscal
year 1999; and
(ii) an amount that bears the same
relation to any remaining funds as the
increase the State received for the
preceding fiscal year over fiscal year
1999 bears to the total of all such
increases for all States.
(B)(i) If the amount available for
allocations is equal to or less than the amount
allocated to the States for fiscal year 1999,
each State shall be allocated the amount it
received for fiscal year 1999.
(ii) If the amount available is insufficient
to make the allocations described in clause
(i), those allocations shall be ratably
reduced.
(e) State-Level Activities.--
(1) In general.--
(A) Each State may retain not more than the
amount described in subparagraph (B) for
administration and other State-level activities
in accordance with paragraphs (2), (3), and
(4).
(B) For each fiscal year, the Secretary shall
determine and report to the State educational
agency an amount that is 25 percent of the
amount the State received under this section
for fiscal year 1997, cumulatively adjusted by
the Secretary for each succeeding fiscal year
by the lesser of--
(i) the percentage increase, if any,
from the preceding fiscal year in the
State's allocation under this section;
or
(ii) the rate of inflation, as
measured by the percentage increase, if
any, from the preceding fiscal year in
the Consumer Price Index For All Urban
Consumers, published by the Bureau of
Labor Statistics of the Department of
Labor.
(C) A State may use funds it retains under
subparagraph (A) without regard to--
(i) the prohibition on commingling of
funds in section 612(a)(18)(B); and
(ii) the prohibition on supplanting
other funds in section 612(a)(18)(C).
(2) State administration.--
(A) For the purpose of administering this
part, including section 619 (including the
coordination of activities under this part
with, and providing technical assistance to,
other programs that provide services to
children with disabilities)--
(i) each State may use not more than
20 percent of the maximum amount it may
retain under paragraph (1)(A) for any
fiscal year or $500,000 (adjusted by
the cumulative rate of inflation since
fiscal year 1998, as measured by the
percentage increase, if any, in the
Consumer Price Index For All Urban
Consumers, published by the Bureau of
Labor Statistics of the Department of
Labor), whichever is greater; and
(ii) each outlying area may use up to
5 percent of the amount it receives
under this section for any fiscal year
or $35,000 (adjusted by the cumulative
rate of inflation since fiscal year
1998, as measured by the percentage
increase, if any, in the Consumer Price
Index For All Urban Consumers,
published by the Bureau of Labor
Statistics of the Department of Labor),
whichever is greater.
(B) Funds described in subparagraph (A) may
also be used for the administration of part C
of this Act, if the State educational agency is
the lead agency for the State under that part.
(3) High cost special education and related
services.--Each State may use not more than four
percent of the maximum amount it may retain under
paragraph (1)(A) for any fiscal year to establish and
implement cost or risk sharing funds, consortia, or
cooperatives to assist local educational agencies in
providing high cost special education and related
services.
(4) Other state-level activities.--Each State shall
use any funds it retains under paragraph (1) and does
not use under paragraph (2) or (3) for any of the
following:
(A) Support and direct services, including
technical assistance and personnel development
and training.
(B) Administrative costs of monitoring and
complaint investigation.
(C) To establish and implement the mediation
and voluntary binding arbitration processes
required by sections 612(a)(17) and 615(e),
including providing for the costs of mediators,
arbitrators, and support personnel.
(D) To assist local educational agencies in
meeting personnel shortages.
(E) Activities at the State and local levels
to meet the performance goals established by
the State under section 612(a)(15) and to
support implementation of the State plan under
subpart 1 of part D if the State receives funds
under that subpart.
(F) To support paperwork reduction
activities, including expanding the appropriate
use of technology in the IEP process under this
part.
(G) To develop and maintain a comprehensive,
coordinated, prereferral educational support
system for students in kindergarten through
grade 12 (with a particular emphasis on
students in kindergarten through grade 3) who
are not enrolled in special education but who
need additional academic and behavioral support
to succeed in a general education environment.
(H) To support capacity building activities
and improve the delivery of services by local
educational agencies to improve results for
children with disabilities.
(I) For subgrants to local educational
agencies for the purposes described in
paragraph (5)(A).
(5)(A) Subgrants to local educational agencies for
accountability.--In any fiscal year in which the
percentage increase in the State's allocation under
this section exceeds the rate of inflation (as measured
by the percentage increase, if any, from the preceding
fiscal year in the Consumer Price Index For All Urban
Consumers, published by the Bureau of Labor Statistics
of the Department of Labor), each State shall reserve,
from its allocation under this section, the amount
described in subparagraph (B) to make subgrants to
local educational agencies, unless that amount is less
than $100,000, to provide technical assistance and
direct services to local educational agencies
identified as being in need of improvement under
section 1116 of the Elementary and Secondary Education
Act of 1965 on the basis, in whole or in part, of the
assessment results of the disaggregated subgroup of
students with disabilities, including providing
professional development to special and regular
education teachers, based on scientifically based
research to improve educational instruction.
(B) Maximum subgrant.--For each fiscal year, the
amount referred to in subparagraph (A) is--
(i) the maximum amount the State was allowed
to retain under paragraph (1)(A) for the prior
fiscal year, or for fiscal year 1998, 25
percent of the State's allocation for fiscal
year 1997 under this section; multiplied by
(ii) the difference between the percentage
increase in the State's allocation under this
section and the rate of inflation, as measured
by the percentage increase, if any, from the
preceding fiscal year in the Consumer Price
Index For All Urban Consumers, published by the
Bureau of Labor Statistics of the Department of
Labor.
(6) Report on use of funds.--As part of the
information required to be submitted to the Secretary
under section 612, each State shall annually describe--
(A) how amounts retained under paragraph (1)
will be used to meet the requirements of this
part;
(B) how those amounts will be allocated among
the activities described in this subsection to
meet State priorities based on input from local
educational agencies; and
(C) the percentage of those amounts, if any,
that will be distributed to local educational
agencies by formula.
(f) Subgrants to Local Educational Agencies.--
(1) Subgrants required.--Each State that receives a
grant under this section for any fiscal year shall
distribute any funds it does not retain under
subsection (e) to local educational agencies, including
public charter schools that operate as local
educational agencies, in the State that have
established their eligibility under section 613, for
use in accordance with this part.
(2) Procedure for allocations to local educational
agencies.--For each fiscal year for which funds are
allocated to States under subsection (e), each State
shall allocate funds under paragraph (1) as follows:
(A) Base payments.--The State shall first
award each agency described in paragraph (1)
the amount that agency would have received
under this section for fiscal year 1999, if the
State had distributed 75 percent of its grant
for that year under section 611(d), as then in
effect.
(B) Allocation of remaining funds.--After
making allocations under subparagraph (A), the
State shall--
(i) allocate 85 percent of any
remaining funds to those agencies on
the basis of the relative numbers of
children enrolled in public and private
elementary and secondary schools within
the agency's jurisdiction; and
(ii) allocate 15 percent of those
remaining funds to those agencies in
accordance with their relative numbers
of children living in poverty, as
determined by the State educational
agency.
(3) Reallocation of funds.--If a State educational
agency determines that a local educational agency is
adequately providing a free appropriate public
education to all children with disabilities residing in
the area served by that agency with State and local
funds, the State educational agency may reallocate any
portion of the funds under this part that are not
needed by that local agency to provide a free
appropriate public education to other local educational
agencies in the State that are not adequately providing
special education and related services to all children
with disabilities residing in the areas they serve.
(g) Definitions.--For the purpose of this section--
(1) the term ``average per-pupil expenditure in
public elementary and secondary schools in the United
States'' means--
(A) without regard to the source of funds--
(i) the aggregate current
expenditures, during the second fiscal
year preceding the fiscal year for
which the determination is made (or, if
satisfactory data for that year are not
available, during the most recent
preceding fiscal year for which
satisfactory data are available) of all
local educational agencies in the 50
States and the District of Columbia);
plus
(ii) any direct expenditures by the
State for the operation of those
agencies; divided by
(B) the aggregate number of children in
average daily attendance to whom those agencies
provided free public education during that
preceding year; and
(2) the term ``State'' means each of the 50 States,
the District of Columbia, and the Commonwealth of
Puerto Rico.
(h) Use of Amounts by Secretary of the Interior.--
(1) Provision of amounts for assistance.--
(A) In general.--The Secretary of Education
shall provide amounts to the Secretary of the
Interior to meet the need for assistance for
the education of children with disabilities on
reservations aged 5 to 21, inclusive, enrolled
in elementary and secondary schools for Indian
children operated or funded by the Secretary of
the Interior. The amount of such payment for
any fiscal year shall be equal to 80 percent of
the amount allotted under subsection (c) for
that fiscal year. Of the amount described in
the preceding sentence--
(i) 80 percent shall be allocated to
such schools by July 1 of that fiscal
year; and
(ii) 20 percent shall be allocated to
such schools by September 30 of that
fiscal year.
(B) Calculation of number of children.--In
the case of Indian students aged 3 to 5,
inclusive, who are enrolled in programs
affiliated with the Bureau of Indian Affairs
(hereafter in this subsection referred to as
``BIA'') schools and that are required by the
States in which such schools are located to
attain or maintain State accreditation, and
which schools have such accreditation prior to
the date of enactment of the Individuals with
Disabilities Education Act Amendments of 1991,
the school shall be allowed to count those
children for the purpose of distribution of the
funds provided under this paragraph to the
Secretary of the Interior. The Secretary of the
Interior shall be responsible for meeting all
of the requirements of this part for these
children, in accordance with paragraph (2).
(C) Additional requirement.--With respect to
all other children aged 3 to 21, inclusive, on
reservations, the State educational agency
shall be responsible for ensuring that all of
the requirements of this part are implemented.
(2) Submission of information.--The Secretary of
Education may provide the Secretary of the Interior
amounts under paragraph (1) for a fiscal year only if
the Secretary of the Interior submits to the Secretary
of Education information that--
(A) demonstrates that the Department of the
Interior meets the appropriate requirements, as
determined by the Secretary of Education, of
sections 612 (including monitoring and
evaluation activities) and 613;
(B) includes a description of how the
Secretary of the Interior will coordinate the
provision of services under this part with
local educational agencies, tribes and tribal
organizations, and other private and Federal
service providers;
(C) includes an assurance that there are
public hearings, adequate notice of such
hearings, and an opportunity for comment
afforded to members of tribes, tribal governing
bodies, and affected local school boards before
the adoption of the policies, programs, and
procedures described in subparagraph (A);
(D) includes an assurance that the Secretary
of the Interior will provide such information
as the Secretary of Education may require to
comply with section 618;
(E) includes an assurance that the Secretary
of the Interior and the Secretary of Health and
Human Services have entered into a memorandum
of agreement, to be provided to the Secretary
of Education, for the coordination of services,
resources, and personnel between their
respective Federal, State, and local offices
and with State and local educational agencies
and other entities to facilitate the provision
of services to Indian children with
disabilities residing on or near reservations
(such agreement shall provide for the
apportionment of responsibilities and costs
including, but not limited to, child find,
evaluation, diagnosis, remediation or
therapeutic measures, and (where appropriate)
equipment and medical or personal supplies as
needed for a child to remain in school or a
program); and
(F) includes an assurance that the Department
of the Interior will cooperate with the
Department of Education in its exercise of
monitoring, enforcement, and oversight of this
application, and any agreements entered into
between the Secretary of the Interior and other
entities under this part, and will fulfill its
duties under this part.
Section 616(a) shall apply to the information described
in this paragraph.
(3) Payments for education and services for indian
children with disabilities aged 3 through 5.--
(A) In general.--With funds appropriated
under subsection (i), the Secretary of
Education shall make payments to the Secretary
of the Interior to be distributed to tribes or
tribal organizations (as defined under section
4 of the Indian Self-Determination and
Education Assistance Act) or consortia of the
above to provide for the coordination of
assistance for special education and related
services for children with disabilities aged 3
through 5 on reservations served by elementary
and secondary schools for Indian children
operated or funded by the Department of the
Interior. The amount of such payments under
subparagraph (B) for any fiscal year shall be
equal to 20 percent of the amount allotted
under subsection (c).
(B) Distribution of funds.--The Secretary of
the Interior shall distribute the total amount
of the payment under subparagraph (A) by
allocating to each tribe or tribal organization
an amount based on the number of children with
disabilities ages 3 through 5 residing on
reservations as reported annually, divided by
the total of those children served by all
tribes or tribal organizations.
(C) Submission of information.--To receive a
payment under this paragraph, the tribe or
tribal organization shall submit such figures
to the Secretary of the Interior as required to
determine the amounts to be allocated under
subparagraph (B). This information shall be
compiled and submitted to the Secretary of
Education.
(D) Use of funds.--The funds received by a
tribe or tribal organization shall be used to
assist in child find, screening, and other
procedures for the early identification of
children aged 3 through 5, parent training, and
the provision of direct services. These
activities may be carried out directly or
through contracts or cooperative agreements
with the BIA, local educational agencies, and
other public or private nonprofit
organizations. The tribe or tribal organization
is encouraged to involve Indian parents in the
development and implementation of these
activities. The above entities shall, as
appropriate, make referrals to local, State, or
Federal entities for the provision of services
or further diagnosis.
(E) Annual report.--To be eligible to receive
a grant pursuant to subparagraph (A), the tribe
or tribal organization shall provide to the
Secretary of the Interior an annual report of
activities undertaken under this paragraph,
including the number of contracts and
cooperative agreements entered into, the number
of children contacted and receiving services
for each year, and the estimated number of
children needing services during the year
following the one in which the report is made.
The Secretary of the Interior shall include a
summary of this information on an annual basis
in the report to the Secretary of Education
required under this subsection. The Secretary
of Education may require any additional
information from the Secretary of the Interior.
(F) Prohibitions.--None of the funds
allocated under this paragraph may be used by
the Secretary of the Interior for
administrative purposes, including child count
and the provision of technical assistance.
(4) Plan for coordination of services.--The Secretary
of the Interior shall develop and implement a plan for
the coordination of services for all Indian children
with disabilities residing on reservations covered
under this Act. Such plan shall provide for the
coordination of services benefiting these children from
whatever source, including tribes, the Indian Health
Service, other BIA divisions, and other Federal
agencies. In developing the plan, the Secretary of the
Interior shall consult with all interested and involved
parties. It shall be based on the needs of the children
and the system best suited for meeting those needs, and
may involve the establishment of cooperative agreements
between the BIA, other Federal agencies, and other
entities. The plan shall also be distributed upon
request to States, State and local educational
agencies, and other agencies providing services to
infants, toddlers, and children with disabilities, to
tribes, and to other interested parties.
(5) Establishment of advisory board.--To meet the
requirements of section 612(a)(22), the Secretary of
the Interior shall establish, under the BIA, an
advisory board composed of individuals involved in or
concerned with the education and provision of services
to Indian infants, toddlers, children, and youth with
disabilities, including Indians with disabilities,
Indian parents or guardians of such children, teachers,
service providers, State and local educational
officials, representatives of tribes or tribal
organizations, representatives from State Interagency
Coordinating Councils under section 641 in States
having reservations, and other members representing the
various divisions and entities of the BIA. The
chairperson shall be selected by the Secretary of the
Interior. The advisory board shall--
(A) assist in the coordination of services
within the BIA and with other local, State, and
Federal agencies in the provision of education
for infants, toddlers, and children with
disabilities;
(B) advise and assist the Secretary of the
Interior in the performance of the Secretary's
responsibilities described in this subsection;
(C) develop and recommend policies concerning
effective inter- and intra-agency
collaboration, including modifications to
regulations, and the elimination of barriers to
inter- and intra-agency programs and
activities;
(D) provide assistance and disseminate
information on best practices, effective
program coordination strategies, and
recommendations for improved educational
programming for Indian infants, toddlers, and
children with disabilities; and
(E) provide assistance in the preparation of
information required under paragraph (2)(D).
(6) Annual reports.--
(A) In general.--The advisory board
established under paragraph (5) shall prepare
and submit to the Secretary of the Interior and
to the Congress an annual report containing a
description of the activities of the advisory
board for the preceding year.
(B) Availability.--The Secretary of the
Interior shall make available to the Secretary
of Education the report described in
subparagraph (A).
(i) Authorization of Appropriations.--For the purpose of
carrying out this part, other than section 619, there are
authorized to be appropriated--
(1) $11,074,398,000 for fiscal year 2004;
(2) $13,374,398,000 for fiscal year 2005;
(3) $15,746,302,000 for fiscal year 2006;
(4) $17,918,205,000 for fiscal year 2007;
(5) $20,090,109,000 for fiscal year 2008;
(6) $22,262,307,000 for fiscal year 2009;
(7) $25,198,603,000 for fiscal year 2010; and
(8) such sums as may be necessary for fiscal year
2011 and each subsequent fiscal year.
SEC. 612. STATE ELIGIBILITY.
(a) In General.--A State is eligible for assistance under
this part for a fiscal year if the State [demonstrates to the
satisfaction of] reasonably demonstrates to the Secretary that
the State has in effect policies and procedures to ensure that
it meets each of the following conditions:
[(1) Free appropriate public education.--
[(A) In general.--A free appropriate public
education is available to all children with
disabilities residing in the State between the
ages of 3 and 21, inclusive, including children
with disabilities who have been suspended or
expelled from school.
[(B) Limitation.--The obligation to make a
free appropriate public education available to
all children with disabilities does not apply
with respect to children:
[(i) aged 3 through 5 and 18 through
21 in a State to the extent that its
application to those children would be
inconsistent with State law or
practice, or the order of any court,
respecting the provision of public
education to children in those age
ranges; and
[(ii) aged 18 through 21 to the
extent that State law does not require
that special education and related
services under this part be provided to
children with disabilities who, in the
educational placement prior to their
incarceration in an adult correctional
facility:
[(I) were not actually
identified as being a child
with a disability under section
602(3) of this Act; or
[(II) did not have an
individualized education
program under this part.
[(2) Full educational opportunity goal.--The State
has established a goal of providing full educational
opportunity to all children with disabilities and a
detailed timetable for accomplishing that goal.
[(3) Child find.--
[(A) In general.--All children with
disabilities residing in the State, including
children with disabilities attending private
schools, regardless of the severity of their
disabilities, and who are in need of special
education and related services, are identified,
located, and evaluated and a practical method
is developed and implemented to determine which
children with disabilities are currently
receiving needed special education and related
services.
[(B) Construction.--Nothing in this Act
requires that children be classified by their
disability so long as each child who has a
disability listed in section 602 and who, by
reason of that disability, needs special
education and related services is regarded as a
child with a disability under this part.
[(4) Individualized education program.--An
individualized education program, or an individualized
family service plan that meets the requirements of
section 636(d), is developed, reviewed, and revised for
each child with a disability in accordance with section
614(d).
[(5) Least restrictive environment.--
[(A) In general.--To the maximum extent
appropriate, children with disabilities,
including children in public or private
institutions or other care facilities, are
educated with children who are not disabled,
and special classes, separate schooling, or
other removal of children with disabilities
from the regular educational environment occurs
only when the nature or severity of the
disability of a child is such that education in
regular classes with the use of supplementary
aids and services cannot be achieved
satisfactorily.
[(B) Additional requirement.--
[(i) In general.--If the State uses a
funding mechanism by which the State
distributes State funds on the basis of
the type of setting in which a child is
served, the funding mechanism does not
result in placements that violate the
requirements of subparagraph (A).
[(ii) Assurance.--If the State does
not have policies and procedures to
ensure compliance with clause (i), the
State shall provide the Secretary an
assurance that it will revise the
funding mechanism as soon as feasible
to ensure that such mechanism does not
result in such placements.
[(6) Procedural safeguards.--
[(A) In general.--Children with disabilities
and their parents are afforded the procedural
safeguards required by section 615.
[(B) Additional procedural safeguards.--
Procedures to ensure that testing and
evaluation materials and procedures utilized
for the purposes of evaluation and placement of
children with disabilities will be selected and
administered so as not to be racially or
culturally discriminatory. Such materials or
procedures shall be provided and administered
in the child's native language or mode of
communication, unless it clearly is not
feasible to do so, and no single procedure
shall be the sole criterion for determining an
appropriate educational program for a child.
[(7) Evaluation.--Children with disabilities are
evaluated in accordance with subsections (a) through
(c) of section 614.
[(8) Confidentiality.--Agencies in the State comply
with section 617(c) (relating to the confidentiality of
records and information).
[(9) Transition from part c to preschool programs.--
Children participating in early intervention programs
assisted under part C, and who will participate in
preschool programs assisted under this part, experience
a smooth and effective transition to those preschool
programs in a manner consistent with section 637(a)(8).
By the third birthday of such a child, an
individualized education program or, if consistent with
sections 614(d)(2)(B) and 636(d), an individualized
family service plan, has been developed and is being
implemented for the child. The local educational agency
will participate in transition planning conferences
arranged by the designated lead agency under section
637(a)(8).
[(10) Children in private schools.--
[(A) Children enrolled in private schools by
their parents.--
[(i) In general.--To the extent
consistent with the number and location
of children with disabilities in the
State who are enrolled by their parents
in private elementary and secondary
schools, provision is made for the
participation of those children in the
program assisted or carried out under
this part by providing for such
children special education and related
services in accordance with the
following requirements, unless the
Secretary has arranged for services to
those children under subsection (f ):
[(I) Amounts expended for the
provision of those services by
a local educational agency
shall be equal to a
proportionate amount of Federal
funds made available under this
part.
[(II) Such services may be
provided to children with
disabilities on the premises of
private, including parochial,
schools, to the extent
consistent with law.
[(ii) Child-find requirement.--The
requirements of paragraph (3) of this
subsection (relating to child find)
shall apply with respect to children
with disabilities in the State who are
enrolled in private, including
parochial, elementary and secondary
schools.
[(B) Children placed in, or referred to,
private schools by public agencies.--
[(i) In general.--Children with
disabilities in private schools and
facilities are provided special
education and related services, in
accordance with an individualized
education program, at no cost to their
parents, if such children are placed
in, or referred to, such schools or
facilities by the State or appropriate
local educational agency as the means
of carrying out the requirements of
this part or any other applicable law
requiring the provision of special
education and related services to all
children with disabilities within such
State.
[(ii) Standards.--In all cases
described in clause (i), the State
educational agency shall determine
whether such schools and facilities
meet standards that apply to State and
local educational agencies and that
children so served have all the rights
they would have if served by such
agencies.
[(C) Payment for education of children
enrolled in private schools without consent of
or referral by the public agency.--
[(i) In general.--Subject to
subparagraph (A), this part does not
require a local educational agency to
pay for the cost of education,
including special education and related
services, of a child with a disability
at a private school or facility if that
agency made a free appropriate public
education available to the child and
the parents elected to place the child
in such private school or facility.
[(ii) Reimbursement for private
school placement.--If the parents of a
child with a disability, who previously
received special education and related
services under the authority of a
public agency, enroll the child in a
private elementary or secondary school
without the consent of or referral by
the public agency, a court or a hearing
officer may require the agency to
reimburse the parents for the cost of
that enrollment if the court or hearing
officer finds that the agency had not
made a free appropriate public
education available to the child in a
timely manner prior to that enrollment.
[(iii) Limitation on reimbursement.--
The cost of reimbursement described in
clause (ii) may be reduced or denied--
[(I) if--
[(aa) at the most
recent IEP meeting that
the parents attended
prior to removal of the
child from the public
school, the parents did
not inform the IEP Team
that they were
rejecting the placement
proposed by the public
agency to provide a
free appropriate public
education to their
child, including
stating their concerns
and their intent to
enroll their child in a
private school at
public expense; or
[(bb) 10 business
days (including any
holidays that occur on
a business day) prior
to the removal of the
child from the public
school, the parents did
not give written notice
to the public agency of
the information
described in division
(aa);
[(II) if, prior to the
parents' removal of the child
from the public school, the
public agency informed the
parents, through the notice
requirements described in
section 615(b)(7), of its
intent to evaluate the child
(including a statement of the
purpose of the evaluation that
was appropriate and
reasonable), but the parents
did not make the child
available for such evaluation;
or
[(III) upon a judicial
finding of unreasonableness
with respect to actions taken
by the parents.
[(iv) Exception.--Notwithstanding the
notice requirement in clause (iii)(I),
the cost of reimbursement may not be
reduced or denied for failure to
provide such notice if--
[(I) the parent is illiterate
and cannot write in English;
[(II) compliance with clause
(iii)(I) would likely result in
physical or serious emotional
harm to the child;
[(III) the school prevented
the parent from providing such
notice; or
[(IV) the parents had not
received notice, pursuant to
section 615, of the notice
requirement in clause (iii)(I).
[(11) State educational agency responsible for
general supervision.--
[(A) In general.--The State educational
agency is responsible for ensuring that--
[(i) the requirements of this part
are met; and
[(ii) all educational programs for
children with disabilities in the
State, including all such programs
administered by any other State or
local agency--
[(I) are under the general
supervision of individuals in
the State who are responsible
for educational programs for
children with disabilities; and
[(II) meet the educational
standards of the State
educational agency.
[(B) Limitation.--Subparagraph (A) shall not
limit the responsibility of agencies in the
State other than the State educational agency
to provide, or pay for some or all of the costs
of, a free appropriate public education for any
child with a disability in the State.
[(C) Exception.--Notwithstanding
subparagraphs (A) and (B), the Governor (or
another individual pursuant to State law),
consistent with State law, may assign to any
public agency in the State the responsibility
of ensuring that the requirements of this part
are met with respect to children with
disabilities who are convicted as adults under
State law and incarcerated in adult prisons.]
(1) Free appropriate public education.--
(A) In general.--A free appropriate public
education is available to all children with
disabilities residing in the State between the
ages of 3 and 21, inclusive, including children
with disabilities who have been suspended or
expelled from school.
(B) Limitation.--The obligation to make a
free appropriate public education available to
all children with disabilities does not apply
with respect to children--
(i) aged 3 through 5 and 18 through
21 in a State to the extent that its
application to those children would be
inconsistent with State law or
practice, or the order of any court,
respecting the provision of public
education to children in those age
ranges; and
(ii) aged 18 through 21 to the extent
that State law does not require that
special education and related services
under this part be provided to children
with disabilities who, in the
educational placement prior to their
incarceration in an adult correctional
facility--
(I) were not actually
identified as being a child
with a disability under section
602(3) of this Act; or
(II) did not have an
individualized education
program under this part.
(2) Full educational opportunity goal.--The State has
established a goal of providing full educational
opportunity to all children with disabilities and a
detailed timetable for accomplishing that goal.
(3) Child find.--
(A) In general.--All children with
disabilities residing in the State, including
children with disabilities attending private
schools, regardless of the severity of their
disabilities, and who are in need of special
education and related services, are identified,
located, and evaluated and a practical method
is developed and implemented to determine which
children with disabilities are currently
receiving needed special education and related
services.
(B) Construction.--Nothing in this Act
requires that children be classified by their
disability so long as each child who has a
disability listed in section 602 and who, by
reason of that disability, needs special
education and related services is regarded as a
child with a disability under this part.
(4) Individualized education program.--An
individualized education program, or an individualized
family service plan that meets the requirements of
section 636(d), is developed, reviewed, and revised for
each child with a disability in accordance with section
614(d).
(5) Least restrictive environment.--
(A) In general.--To the maximum extent
appropriate, children with disabilities,
including children in public or private
institutions or other care facilities, are
educated with children who are not disabled,
and special classes, separate schooling, or
other removal of children with disabilities
from the regular educational environment occurs
only when the nature or severity of the
disability of a child is such that education in
regular classes with the use of supplementary
aids and services cannot be achieved
satisfactorily.
(B) Additional requirement.--
(i) In general.--If the State uses a
funding mechanism by which the State
distributes State funds on the basis of
the type of setting in which a child is
served, the funding mechanism does not
result in placements that violate the
requirements of subparagraph (A).
(ii) Assurance.--If the State does
not have policies and procedures to
ensure compliance with clause (i), the
State shall provide the Secretary an
assurance that it will revise the
funding mechanism as soon as feasible
to ensure that such mechanism does not
result in such placements.
(6) Procedural safeguards.--
(A) In general.--Children with disabilities
and their parents are afforded the procedural
safeguards required by section 615.
(B) Additional procedural safeguards.--
Procedures to ensure that testing and
evaluation materials and procedures utilized
for the purposes of evaluation and placement of
children with disabilities for services under
this Act will be selected and administered so
as not to be racially or culturally
discriminatory. Such materials or procedures
shall be provided and administered in the
child's native language or mode of
communication, unless it clearly is not
feasible to do so, and no single procedure
shall be the sole criterion for determining an
appropriate educational program for a child.
(7) Evaluation.--Children with disabilities are
evaluated in accordance with subsections (a) through
(c) of section 614.
(8) Confidentiality.--Agencies in the State comply
with section 617(d) (relating to the confidentiality of
records and information).
(9) Transition from part c to preschool programs.--
Children participating in early-intervention programs
assisted under part C, and who will participate in
preschool programs assisted under this part, experience
a smooth and effective transition to those preschool
programs in a manner consistent with section 637(a)(8).
By the third birthday of such a child, an
individualized education program or, if consistent with
section 636(d), an individualized family service plan,
has been developed and is being implemented for the
child. The local educational agency will participate in
transition planning conferences arranged by the
designated lead agency under section 637(a)(8).
(10) Children in private schools.--
(A) Children enrolled in private schools by
their parents.--
(i) In general.--To the extent
consistent with the number and location
of children with disabilities in the
State who are enrolled by their parents
in private elementary and secondary
schools in the area served by such
agency, provision is made for the
participation of those children in the
program assisted or carried out under
this part by providing for such
children special education and related
services in accordance with the
following requirements, unless the
Secretary has arranged for services to
those children under subsection (f):
(I) Amounts to be expended
for the provision of those
services (including direct
services to parentally-placed
children) by a local
educational agency shall be
equal to a proportionate amount
of Federal funds made available
under this part.
(II) In calculating the
proportionate share of Federal
funds, the local educational
agency, after timely and
meaningful consultation with
representatives of children
with disabilities parentally-
placed in private schools as
described in clause (iii),
shall conduct a thorough and
complete child-find process to
determine the number of
parentally-placed children with
disabilities attending private
schools located in the
district.
(III) Such services may be
provided to children with
disabilities on the premises of
private, including religious,
schools, to the extent
consistent with law.
(IV) State and local funds
may supplement and in no case
shall supplant the
proportionate amount of Federal
funds required to be expended
under this paragraph.
(V) Each local educational
agency maintains in its records
and provides to the State
educational agency the number
of children evaluated under
this paragraph, the number of
children determined to be
children with disabilities, and
the number of children served
under this subsection.
(ii) Child-find requirement.--
(I) In general.--The
requirements of paragraph (3)
of this subsection (relating to
child find) shall apply with
respect to children with
disabilities in the State who
are enrolled in private,
including religious, elementary
and secondary schools.
(II) Equitable
participation.--The child-find
process must be designed to
ensure the equitable
participation of parentally
placed private school children
and an accurate count of such
children.
(III) Activities.--In
carrying out this clause, the
local educational agency, or
where applicable, the State
educational agency, shall
undertake activities similar to
those activities undertaken for
its public school children.
(IV) Cost.--The cost of
carrying out this clause,
including individual
evaluations, may not be
considered in determining
whether a local education
agency has met its obligations
under clause (i).
(V) Completion period.--Such
child-find process shall be
completed in a time period
comparable to that for other
students attending public
schools in the local
educational agency.
(iii) Consultation.--To ensure timely
and meaningful consultation, a local
educational agency, or where
appropriate, a state educational
agency, shall consult with
representatives of children with
disabilities parentally placed in
private schools during the design and
development of special education and
related services for these children
including--
(I) the child-find process
and how parentally placed
private school children
suspected of having a
disability can participate
equitably, including how
parents, teachers, and private
school officials will be
informed of the process;
(II) the determination of the
proportionate share of Federal
funds available to serve
parentally placed private
school children with
disabilities under this
paragraph, including the
determination of how those
funds were calculated;
(III) the consultation
process among the district,
private school officials, and
parents of parentally placed
private school children with
disabilities including how such
process will operate throughout
the school year to ensure that
parentally placed children with
disabilities identified through
the child find process can
meaningfully participate in
special education and related
services; and
(IV) how, where, and by whom
special education and related
services will be provided for
parentally placed private
school children, including a
discussion of alternate service
delivery mechanisms, how such
services will be apportioned if
funds are insufficient to serve
all children, and how and when
these decisions will be made.
(iv) Compliance.--
(I) In general.--A private
school official shall have the
right to complain to the State
educational agency that the
local educational agency did
not engage in consultation that
was meaningful and timely, or
did not give due consideration
to the views of the private
school official.
(II) Procedure.--If the
private school official wishes
to complain, the official shall
provide the basis of the
noncompliance with this section
by the local educational agency
to the State educational
agency, and the local
educational agency shall
forward the appropriate
documentation to the State
educational agency. If the
private school official is
dissatisfied with the decision
of the State educational
agency, such official may
complain to the Secretary by
providing the basis of the
noncompliance with this section
by the local educational agency
to the Secretary, and the State
educational agency shall
forward the appropriate
documentation to the Secretary.
(v) Provision of services.--
(I) Directly or through
contracts.--An agency may
provide special education and
related services directly or
through contracts with public
and private agencies,
organizations, and
institutions.
(II) Secular, neutral,
nonideological.--Special
education and related services,
including materials and
equipment, shall be secular,
neutral, and nonideological.
(vi) Public control of funds.--
(I) In general.--The control
of funds used to provide
special education and related
services under this section,
and title to materials,
equipment, and property
purchased with those funds,
shall be in a public agency for
the uses and purposes provided
in this Act, and a public
agency shall administer the
funds and property.
(II) Provision of services.--
The provision of services under
this Act shall be provided--
(aa) by employees of
a public agency; or
(bb) through contract
by the public agency
with an individual,
association, agency,
organization, or other
entity.
(B) Children placed in, or referred to,
private schools by public agencies.--
(i) In general.--Children with
disabilities in private schools and
facilities are provided special
education and related services, in
accordance with an individualized
education program, at no cost to their
parents, if such children are placed
in, or referred to, such schools or
facilities by the State or appropriate
local educational agency as the means
of carrying out the requirements of
this part or any other applicable law
requiring the provision of special
education and related services to all
children with disabilities within such
State.
(ii) Standards.--In all cases
described in clause (i), the State
educational agency shall determine
whether such schools and facilities
meet standards that apply to State and
local educational agencies and that
children so served have all the rights
they would have if served by such
agencies.
(C) Payment for education of children
enrolled in private schools without consent of
or referral by the public agency.--
(i) In general.--Subject to
subparagraph (A), this part does not
require a local educational agency to
pay for the cost of education,
including special education and related
services, of a child with a disability
at a private school or facility if that
agency made a free appropriate public
education available to the child and
the parents elected to place the child
in such private school or facility.
(ii) Reimbursement for private school
placement.--If the parents of a child
with a disability, who previously
received special education and related
services under the authority of a
public agency, enroll the child in a
private elementary or secondary school
without the consent of or referral by
the public agency, a court or a hearing
officer may require the agency to
reimburse the parents for the cost of
that enrollment if the court or hearing
officer finds that the agency had not
made a free appropriate public
education available to the child in a
timely manner prior to that enrollment.
(iii) Limitation on reimbursement.--
The cost of reimbursement described in
clause (ii) may be reduced or denied--
(I) if--
(aa) at the most
recent IEP meeting that
the parents attended
prior to removal of the
child from the public
school, the parents did
not inform the IEP Team
that they were
rejecting the placement
proposed by the public
agency to provide a
free appropriate public
education to their
child, including
stating their concerns
and their intent to
enroll their child in a
private school at
public expense; or
(bb) 10 business days
(including any holidays
that occur on a
business day) prior to
the removal of the
child from the public
school, the parents did
not give written notice
to the public agency of
the information
described in division
(aa);
(II) if, prior to the
parents' removal of the child
from the public school, the
public agency informed the
parents, through the notice
requirements described in
section 615(b)(7), of its
intent to evaluate the child
(including a statement of the
purpose of the evaluation that
was appropriate and
reasonable), but the parents
did not make the child
available for such evaluation;
or
(III) upon a judicial finding
of unreasonableness with
respect to actions taken by the
parents.
(iv) Exception.--Notwithstanding the
notice requirement in clause (iii)(I),
the cost of reimbursement--
(I) shall not be reduced or
denied for failure to provide
such notice if--
(aa) the school
prevented the parent
from providing such
notice;
(bb) the parents had
not received notice,
pursuant to section
615, of the notice
requirement in clause
(iii)(I); or
(cc) compliance with
clause (iii)(I) would
likely result in
physical harm to the
child; and
(II) may, in the discretion
of a court or a hearing
officer, not be reduced or
denied for failure to provide
such notice if--
(aa) the parent is
illiterate or cannot
write in English; or
(bb) compliance with
clause (iii)(I) would
likely result in
serious emotional harm
to the child.
(11) State educational agency responsible for general
supervision.--
(A) In general.--The State educational agency
is responsible for ensuring that--
(i) the requirements of this part are
met; and
(ii) all educational programs for
children with disabilities in the
State, including all such programs
administered by any other State or
local agency--
(I) are under the general
supervision of individuals in
the State who are responsible
for educational programs for
children with disabilities; and
(II) meet the educational
standards of the State
educational agency.
(B) Limitation.--Subparagraph (A) shall not
limit the responsibility of agencies in the
State other than the State educational agency
to provide, or pay for some or all of the costs
of, a free appropriate public education for any
child with a disability in the State.
(C) Exception.--Notwithstanding subparagraphs
(A) and (B), the Governor (or another
individual pursuant to State law), consistent
with State law, may assign to any public agency
in the State the responsibility of ensuring
that the requirements of this part are met with
respect to children with disabilities who are
convicted as adults under State law and
incarcerated in adult prisons.
* * * * * * *
[(13) Procedural requirements relating to local
educational agency eligibility.--The State educational
agency will not make a final determination that a local
educational agency is not eligible for assistance under
this part without first affording that agency
reasonable notice and an opportunity for a hearing.
[(14) Comprehensive system of personnel
development.--The State has in effect, consistent with
the purposes of this Act and with section 635(a)(8), a
comprehensive system of personnel development that is
designed to ensure an adequate supply of qualified
special education, regular education, and related
services personnel that meets the requirements for a
State improvement plan relating to personnel
development in subsections (b)(2)(B) and (c)(3)(D) of
section 653.
[(15) Personnel standards.--
[(A) In general.--The State educational
agency has established and maintains standards
to ensure that personnel necessary to carry out
this part are appropriately and adequately
prepared and trained.
[(B) Standards described.--Such standards
shall--
[(i) be consistent with any State-
approved or State-recognized
certification, licensing, registration,
or other comparable requirements that
apply to the professional discipline in
which those personnel are providing
special education or related services;
[(ii) to the extent the standards
described in subparagraph (A) are not
based on the highest requirements in
the State applicable to a specific
profession or discipline, the State is
taking steps to require retraining or
hiring of personnel that meet
appropriate professional requirements
in the State; and
[(iii) allow paraprofessionals and
assistants who are appropriately
trained and supervised, in accordance
with State law, regulations, or written
policy, in meeting the requirements of
this part to be used to assist in the
provision of special education and
related services to children with
disabilities under this part.
[(C) Policy.--In implementing this paragraph,
a State may adopt a policy that includes a
requirement that local educational agencies in
the State make an ongoing good-faith effort to
recruit and hire appropriately and adequately
trained personnel to provide special education
and related services to children with
disabilities, including, in a geographic area
of the State where there is a shortage of such
personnel, the most qualified individuals
available who are making satisfactory progress
toward completing applicable course work
necessary to meet the standards described in
subparagraph (B)(i), consistent with State law,
and the steps described in subparagraph (B)(ii)
within three years.
[(16) Performance goals and indicators.--The State--
[(A) has established goals for the
performance of children with disabilities in
the State that--
[(i) will promote the purposes of
this Act, as stated in section 601(d);
and
[(ii) are consistent, to the maximum
extent appropriate, with other goals
and standards for children established
by the State;
[(B) has established performance indicators
the State will use to assess progress toward
achieving those goals that, at a minimum,
address the performance of children with
disabilities on assessments, drop-out rates,
and graduation rates;
[(C) will, every two years, report to the
Secretary and the public on the progress of the
State, and of children with disabilities in the
State, toward meeting the goals established
under subparagraph (A); and
[(D) based on its assessment of that
progress, will revise its State improvement
plan under subpart 1 of part D as may be needed
to improve its performance, if the State
receives assistance under that subpart.
[(17) Participation in assessments.--
[(A) In general.--Children with disabilities
are included in general State and district-wide
assessment programs, with appropriate
accommodations, where necessary. As
appropriate, the State or local educational
agency--
[(i) develops guidelines for the
participation of children with
disabilities in alternate assessments
for those children who cannot
participate in State and district-wide
assessment programs; and
[(ii) develops and, beginning not
later than July 1, 2000, conducts those
alternate assessments.
[(B) Reports.--The State educational agency
makes available to the public, and reports to
the public with the same frequency and in the
same detail as it reports on the assessment of
nondisabled children, the following:
[(i) The number of children with
disabilities participating in regular
assessments.
[(ii) The number of those children
participating in alternate assessments.
[(iii)(I) The performance of those
children on regular assessments
(beginning not later than July 1, 1998)
and on alternate assessments (not later
than July 1, 2000), if doing so would
be statistically sound and would not
result in the disclosure of performance
results identifiable to individual
children.
[(II) Data relating to the
performance of children described under
subclause (I) shall be disaggregated--
[(aa) for assessments
conducted after July 1, 1998;
and
[(bb) for assessments
conducted before July 1, 1998,
if the State is required to
disaggregate such data prior to
July 1, 1998.
[(18) Supplementation of state, local, and other
federal funds.--
[(A) Expenditures.--Funds paid to a State
under this part will be expended in accordance
with all the provisions of this part.
[(B) Prohibition against commingling.--Funds
paid to a State under this part will not be
commingled with State funds.
[(C) Prohibition against supplantation and
conditions for waiver by secretary.--Except as
provided in section 613, funds paid to a State
under this part will be used to supplement the
level of Federal, State, and local funds
(including funds that are not under the direct
control of State or local educational agencies)
expended for special education and related
services provided to children with disabilities
under this part and in no case to supplant such
Federal, State, and local funds, except that,
where the State provides clear and convincing
evidence that all children with disabilities
have available to them a free appropriate
public education, the Secretary may waive, in
whole or in part, the requirements of this
subparagraph if the Secretary concurs with the
evidence provided by the State.
[(19) Maintenance of state financial support.--
[(A) In general.--The State does not reduce
the amount of State financial support for
special education and related services for
children with disabilities, or otherwise made
available because of the excess costs of
educating those children, below the amount of
that support for the preceding fiscal year.
[(B) Reduction of funds for failure to
maintain support.--The Secretary shall reduce
the allocation of funds under section 611 for
any fiscal year following the fiscal year in
which the State fails to comply with the
requirement of subparagraph (A) by the same
amount by which the State fails to meet the
requirement.
[(C) Waivers for exceptional or
uncontrollable circumstances.--The Secretary
may waive the requirement of subparagraph (A)
for a State, for one fiscal year at a time, if
the Secretary determines that--
[(i) granting a waiver would be
equitable due to exceptional or
uncontrollable circumstances such as a
natural disaster or a precipitous and
unforeseen decline in the financial
resources of the State; or
[(ii) the State meets the standard in
paragraph (18)(C) of this section for a
waiver of the requirement to
supplement, and not to supplant, funds
received under this part.
[(D) Subsequent years.--If, for any year, a
State fails to meet the requirement of
subparagraph (A), including any year for which
the State is granted a waiver under
subparagraph (C), the financial support
required of the State in future years under
subparagraph (A) shall be the amount that would
have been required in the absence of that
failure and not the reduced level of the
State's support.
[(E) Regulations.--
[(i) The Secretary shall, by
regulation, establish procedures
(including objective criteria and
consideration of the results of
compliance reviews of the State
conducted by the Secretary) for
determining whether to grant a waiver
under subparagraph (C)(ii).
[(ii) The Secretary shall publish
proposed regulations under clause (i)
not later than 6 months after the date
of the enactment of the Individuals
with Disabilities Education Act
Amendments of 1997, and shall issue
final regulations under clause (i) not
later than 1 year after such date of
enactment.
[(20) Public participation.--Prior to the adoption of
any policies and procedures needed to comply with this
section (including any amendments to such policies and
procedures), the State ensures that there are public
hearings, adequate notice of the hearings, and an
opportunity for comment available to the general
public, including individuals with disabilities and
parents of children with disabilities.
[(21) State advisory panel.--
[(A) In general.--The State has established
and maintains an advisory panel for the purpose
of providing policy guidance with respect to
special education and related services for
children with disabilities in the State.
[(B) Membership.--Such advisory panel shall
consist of members appointed by the Governor,
or any other official authorized under State
law to make such appointments, that is
representative of the State population and that
is composed of individuals involved in, or
concerned with, the education of children with
disabilities, including--
[(i) parents of children with
disabilities;
[(ii) individuals with disabilities;
[(iii) teachers;
[(iv) representatives of institutions
of higher education that prepare
special education and related services
personnel;
[(v) State and local education
officials;
[(vi) administrators of programs for
children with disabilities;
[(vii) representatives of other State
agencies involved in the financing or
delivery of related services to
children with disabilities;
[(viii) representatives of private
schools and public charter schools;
[(ix) at least one representative of
a vocational, community, or business
organization concerned with the
provision of transition services to
children with disabilities; and
[(x) representatives from the State
juvenile and adult corrections
agencies.
[(C) Special rule.--A majority of the members
of the panel shall be individuals with
disabilities or parents of children with
disabilities.
[(D) Duties.--The advisory panel shall--
[(i) advise the State educational
agency of unmet needs within the State
in the education of children with
disabilities;
[(ii) comment publicly on any rules
or regulations proposed by the State
regarding the education of children
with disabilities;
[(iii) advise the State educational
agency in developing evaluations and
reporting on data to the Secretary
under section 618;
[(iv) advise the State educational
agency in developing corrective action
plans to address findings identified in
Federal monitoring reports under this
part; and
[(v) advise the State educational
agency in developing and implementing
policies relating to the coordination
of services for children with
disabilities.
[(22) Suspension and expulsion rates.--
[(A) In general.--The State educational
agency examines data to determine if
significant discrepancies are occurring in the
rate of long-term suspensions and expulsions of
children with disabilities--
[(i) among local educational agencies
in the State; or
[(ii) compared to such rates for
nondisabled children within such
agencies.
[(B) Review and revision of policies.--If
such discrepancies are occurring, the State
educational agency reviews and, if appropriate,
revises (or requires the affected State or
local educational agency to revise) its
policies, procedures, and practices relating to
the development and implementation of IEPs, the
use of behavioral interventions, and procedural
safeguards, to ensure that such policies,
procedures, and practices comply with this
Act.]
(13) Procedural requirements relating to local
educational agency eligibility.--The State educational
agency will not make a final determination that a local
educational agency is not eligible for assistance under
this part without first affording that agency
reasonable notice and an opportunity for a hearing.
(14) Personnel standards.--
(A) In general.--The State educational agency
has established and maintains standards to
ensure that personnel necessary to carry out
this part are appropriately and adequately
prepared and trained.
(B) Standards described.--Such standards
shall--
(i) ensure that special education
teachers who teach in core academic
subjects are highly qualified in those
subjects;
(ii) be consistent with any State-
approved or State-recognized
certification, licensing, registration,
or other comparable requirements that
apply to the professional discipline in
which those personnel are providing
special education or related services
in order to ensure that such
individuals are qualified to provide
such services; and
(iii) allow paraprofessionals and
assistants who are appropriately
trained and supervised, in accordance
with State law, regulations, or written
policy, in meeting the requirements of
this part to be used to assist in the
provision of special education and
related services to children with
disabilities under this part.
(C) Innovative strategies for professional
development.--The State educational agency
encourages the development and use of research-
based innovative strategies, such as strategies
using technology, peer networks, and distance
learning, to deliver intensive professional
development programs for special and regular
education teachers, administrators, principals,
and related services personnel that--
(i) improve educational results for
students with disabilities; and
(ii) are both cost-effective and
easily accessible.
(15) Performance goals and indicators.--The State--
(A) has established goals for the performance
of children with disabilities in the State
that--
(i) promote the purposes of this Act,
as stated in section 601(d);
(ii) 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 1111(b)(2)(C) of the
Elementary and Secondary Education Act
of 1965;
(iii) address dropout rates, as well
as such other factors as the State may
determine; and
(iv) are consistent, to the extent
appropriate, with any other goals and
standards for children established by
the State;
(B) has established performance indicators
the State will use to assess progress toward
achieving those goals described in subparagraph
(A), including measurable annual objectives for
progress by children with disabilities under
section 1111(b)(2)(C) of the Elementary and
Secondary Education Act of 1965; and
(C) will annually report to the Secretary and
the public on the progress of the State, and of
children with disabilities in the State, toward
meeting the goals established under
subparagraph (A), which may include elements of
the reports required under section 1111(h) of
the Elementary and Secondary Education Act of
1965.
(16) Participation in assessments.--
(A) In general.--(i) All children with
disabilities are included in all general State
and district-wide assessment programs,
including assessments described under title I
of the Elementary and Secondary Education Act
of 1965, with appropriate accommodations, where
necessary and as indicated in their respective
individualized education programs.
(ii) The State (or, in the case of a
district-wide assessment, the local educational
agency) has developed and implemented
guidelines for the provision of accommodations
described in clause (i).
(iii) The State (or, in the case of a
district-wide assessment the local educational
agency)--
(I) has developed and implemented
guidelines for the participation of
children with disabilities in alternate
assessments for those children who
cannot participate in regular
assessments under clause (i); and
(II) conducts those alternate
assessments.
(B) Reports.--The State educational agency
(or, in the case of a district-wide assessment,
the local educational agency) makes available
to the public, and reports to the public with
the same frequency and in the same detail as it
reports on the assessment of nondisabled
children, the following:
(i) The number of children with
disabilities participating in regular
assessments, and the number of those
children who were provided
accommodations in order to participate
in those assessments.
(ii) The number of children with
disabilities participating in alternate
assessments.
(iii) The performance of children
with disabilities on regular
assessments and on alternate
assessments (if the number of children
with disabilities participating in
those assessments is sufficient to
yield statistically reliable
information and reporting that
information would not reveal personally
identifiable information about an
individual student), compared with the
achievement of all children, including
children with disabilities, on those
assessments.
(17) Dispute resolution.--The State has in effect
systems of mediation and voluntary binding arbitration
pursuant to section 615(e).
(18) Supplementation of state, local, and other
federal funds.--
(A) Expenditures.--Funds paid to a State
under this part will be expended in accordance
with all the provisions of this part.
(B) Prohibition against commingling.--Funds
paid to a State under this part will not be
commingled with State funds.
(C) Prohibition against supplantation and
conditions for waiver by secretary.--Except as
provided in section 613, funds paid to a State
under this part will be used to supplement the
level of Federal, State, and local funds
(including funds that are not under the direct
control of State or local educational agencies)
expended for special education and related
services provided to children with disabilities
under this part and in no case to supplant such
Federal, State, and local funds, except that,
where the State provides clear and convincing
evidence that all children with disabilities
have available to them a free appropriate
public education, the Secretary may waive, in
whole or in part, the requirements of this
subparagraph if the Secretary concurs with the
evidence provided by the State.
(19) Maintenance of state financial support.--
(A) In general.--The State does not reduce
the amount of State financial support for
special education and related services for
children with disabilities, or otherwise made
available because of the excess costs of
educating those children, below the amount of
that support for the preceding fiscal year.
(B) Reduction of funds for failure to
maintain support.--The Secretary shall reduce
the allocation of funds under section 611 for
any fiscal year following the fiscal year in
which the State fails to comply with the
requirement of subparagraph (A) by the same
amount by which the State fails to meet the
requirement.
(C) Waivers for exceptional or uncontrollable
circumstances.--The Secretary may waive the
requirement of subparagraph (A) for a State,
for one fiscal year at a time, if the Secretary
determines that--
(i) granting a waiver would be
equitable due to exceptional or
uncontrollable circumstances such as a
natural disaster or a precipitous and
unforeseen decline in the financial
resources of the State; or
(ii) the State meets the standard in
paragraph (18)(C) of this section for a
waiver of the requirement to
supplement, and not to supplant, funds
received under this part.
(D) Subsequent years.--If, for any year, a
State fails to meet the requirement of
subparagraph (A), including any year for which
the State is granted a waiver under
subparagraph (C), the financial support
required of the State in future years under
subparagraph (A) shall be the amount that would
have been required in the absence of that
failure and not the reduced level of the
State's support.
(20) Public participation.--Prior to the adoption of
any policies and procedures needed to comply with this
section (including any amendments to such policies and
procedures), the State ensures that there are public
hearings, adequate notice of the hearings, and an
opportunity for comment available to the general
public, including individuals with disabilities and
parents of children with disabilities.
(21) State advisory panel.--
(A) In general.--The State has established
and maintains an advisory panel for the purpose
of providing policy guidance with respect to
special education and related services for
children with disabilities in the State.
(B) Membership.--Such advisory panel shall
consist of members appointed by the Governor,
or any other official authorized under State
law to make such appointments, that is
representative of the State population and that
is composed of individuals involved in, or
concerned with, the education of children with
disabilities, including--
(i) parents of children with
disabilities (ages birth through 26);
(ii) individuals with disabilities;
(iii) teachers;
(iv) representatives of institutions
of higher education that prepare
special education and related services
personnel;
(v) State and local education
officials;
(vi) administrators of programs for
children with disabilities;
(vii) representatives of other State
agencies involved in the financing or
delivery of related services to
children with disabilities;
(viii) representatives of private
schools and public charter schools;
(ix) at least one representative of a
vocational, community, or business
organization concerned with the
provision of transition services to
children with disabilities; and
(x) representatives from the State
juvenile and adult corrections
agencies.
(C) Special rule.--A majority of the members
of the panel shall be individuals with
disabilities or parents of children with
disabilities ages birth through 26.
(D) Duties.--The advisory panel shall--
(i) advise the State educational
agency of unmet needs within the State
in the education of children with
disabilities;
(ii) comment publicly on any rules or
regulations proposed by the State
regarding the education of children
with disabilities;
(iii) advise the State educational
agency in developing evaluations and
reporting on data to the Secretary
under section 618;
(iv) advise the State educational
agency in developing corrective action
plans to address findings identified in
Federal monitoring reports under this
part; and
(v) advise the State educational
agency in developing and implementing
policies relating to the coordination
of services for children with
disabilities.
(22) Suspension and expulsion rates.--
(A) In general.--The State educational agency
examines data, including data disaggregated by
race and ethnicity, to determine if significant
discrepancies are occurring in the rate of
long-term suspensions and expulsions of
children with disabilities--
(i) among local educational agencies
in the State; or
(ii) compared to such rates for
nondisabled children within such
agencies.
(B) Review and revision of policies.--If such
discrepancies are occurring, the State
educational agency reviews and, if appropriate,
revises (or requires the affected State or
local educational agency to revise) its
policies, procedures, and practices relating to
the development and implementation of IEPs, the
use of positive behavioral interventions and
supports, and procedural safeguards, to ensure
that such policies, procedures, and practices
comply with this Act.
(23) Instructional materials.--
(A) In general.--The State adopts the
national instructional materials accessibility
standard for the purposes of providing
instructional materials to blind persons or
other persons with print disabilities in a
timely manner after the publication of the
standard by the Secretary in the Federal
Register.
(B) Purchase requirement.--Not later than 2
years after the date of the enactment of the
Improving Education Results for Children With
Disabilities Act of 2003, the State educational
agency, when purchasing instructional materials
for use in public elementary and secondary
schools within the State, requires the
publisher of the instructional materials, as a
part of any purchase agreement that is made,
renewed, or revised, to prepare and supply
electronic files containing the contents of the
instructional materials using the national
instructional materials accessibility standard.
(C) Definition.--For purposes of this
paragraph, the term ``instructional materials''
means printed textbooks and related core
materials that are written and published
primarily for use in elementary school and
secondary school instruction and are required
by a State educational agency or local
educational agency for use by pupils in the
classroom.
(24) Overidentification and disproportionality.--The
State has in effect, consistent with the purposes of
this Act and with section 618, policies and procedures
designed to prevent the overidentification or
disproportionate representation by race and ethnicity
of children as children with disabilities, including
the identification of children as children with
disabilities in accordance with a particular impairment
described in section 602(3).
(25) Prohibition on psychotropic medication.--The
State educational agency develops and implements
policies and procedures prohibiting school personnel
from requiring a child to obtain a prescription for
substances covered by section 202(c) of the Controlled
Substances Act (21 U.S.C. 812(c)) as a condition of
attending school or receiving services.
[(b) State Educational Agency as Provider of Free Appropriate
Public Education or Direct Services.--If the State educational
agency provides free appropriate public education to children
with disabilities, or provides direct services to such
children, such agency--
[(1) shall comply with any additional requirements of
section 613(a), as if such agency were a local
educational agency; and
[(2) may use amounts that are otherwise available to
such agency under this part to serve those children
without regard to section 613(a)(2)(A)(i) (relating to
excess costs).
[(c) Exception for Prior State Plans.--
[(1) In general.--If a State has on file with the
Secretary policies and procedures that demonstrate that
such State meets any requirement of subsection (a),
including any policies and procedures filed under this
part as in effect before the effective date of the
Individuals with Disabilities Education Act Amendments
of 1997, the Secretary shall consider such State to
have met such requirement for purposes of receiving a
grant under this part.
[(2) Modifications made by state.--Subject to
paragraph (3), an application submitted by a State in
accordance with this section shall remain in effect
until the State submits to the Secretary such
modifications as the State deems necessary. This
section shall apply to a modification to an application
to the same extent and in the same manner as this
section applies to the original plan.
[(3) Modifications required by the secretary.--If,
after the effective date of the Individuals with
Disabilities Education Act Amendments of 1997, the
provisions of this Act are amended (or the regulations
developed to carry out this Act are amended), or there
is a new interpretation of this Act by a Federal court
or a State's highest court, or there is an official
finding of noncompliance with Federal law or
regulations, the Secretary may require a State to
modify its application only to the extent necessary to
ensure the State's compliance with this part.
[(d) Approval by the Secretary.--
[(1) In general.--If the Secretary determines that a
State is eligible to receive a grant under this part,
the Secretary shall notify the State of that
determination.
[(2) Notice and hearing.--The Secretary shall not
make a final determination that a State is not eligible
to receive a grant under this part until after
providing the State--
[(A) with reasonable notice; and
[(B) with an opportunity for a hearing.
[(e) Assistance Under Other Federal Programs.--Nothing in
this title permits a State to reduce medical and other
assistance available, or to alter eligibility, under titles V
and XIX of the Social Security Act with respect to the
provision of a free appropriate public education for children
with disabilities in the State.]
(b) State Educational Agency as Provider of Free Appropriate
Public Education or Direct Services.--If the State educational
agency provides free appropriate public education to children
with disabilities, or provides direct services to such
children, such agency--
(1) shall comply with any additional requirements of
section 613(a), as if such agency were a local
educational agency; and
(2) may use amounts that are otherwise available to
such agency under this part to serve those children
without regard to section 613(a)(2)(A)(i) (relating to
excess costs).
(c) Exception for Prior State Plans.--
(1) In general.--If a State has on file with the
Secretary policies and procedures that demonstrate that
such State meets any requirement of subsection (a),
including any policies and procedures filed under this
part as in effect before the effective date of the
Improving Education Results for Children With
Disabilities Act of 2003, the Secretary shall consider
such State to have met such requirement for purposes of
receiving a grant under this part.
(2) Modifications made by state.--Subject to
paragraph (3), an application submitted by a State in
accordance with this section shall remain in effect
until the State submits to the Secretary such
modifications as the State deems necessary. This
section shall apply to a modification to an application
to the same extent and in the same manner as this
section applies to the original plan.
(3) Modifications required by the secretary.--If,
after the effective date of the Improving Education
Results for Children With Disabilities Act of 2003, the
provisions of this Act are amended (or the regulations
developed to carry out this Act are amended), or there
is a new interpretation of this Act by a Federal court
or a State's highest court, or there is an official
finding of noncompliance with Federal law or
regulations, the Secretary may require a State to
modify its application only to the extent necessary to
ensure the State's compliance with this part.
(d) Approval by the Secretary.--
(1) In general.--If the Secretary determines that a
State is eligible to receive a grant under this part,
the Secretary shall notify the State of that
determination.
(2) Notice and hearing.--The Secretary shall not make
a final determination that a State is not eligible to
receive a grant under this part until after providing
the State--
(A) with reasonable notice; and
(B) with an opportunity for a hearing.
(e) Assistance Under Other Federal Programs.--Nothing in this
title permits a State to reduce medical and other assistance
available, or to alter eligibility, under titles V and XIX of
the Social Security Act with respect to the provision of a free
appropriate public education for children with disabilities in
the State.
* * * * * * *
[SEC. 613. LOCAL EDUCATIONAL AGENCY ELIGIBILITY.
[(a) In General.--A local educational agency is eligible for
assistance under this part for a fiscal year if such agency
demonstrates to the satisfaction of the State educational
agency that it meets each of the following conditions:
[(1) Consistency with state policies.--The local
educational agency, in providing for the education of
children with disabilities within its jurisdiction, has
in effect policies, procedures, and programs that are
consistent with the State policies and procedures
established under section 612.
[(2) Use of amounts.--
[(A) In general.--Amounts provided to the
local educational agency under this part shall
be expended in accordance with the applicable
provisions of this part and--
[(i) shall be used only to pay the
excess costs of providing special
education and related services to
children with disabilities;
[(ii) shall be used to supplement
State, local, and other Federal funds
and not to supplant such funds; and
[(iii) shall not be used, except as
provided in subparagraphs (B) and (C),
to reduce the level of expenditures for
the education of children with
disabilities made by the local
educational agency from local funds
below the level of those expenditures
for the preceding fiscal year.
[(B) Exception.--Notwithstanding the
restriction in subparagraph (A)(iii), a local
educational agency may reduce the level of
expenditures where such reduction is
attributable to--
[(i) the voluntary departure, by
retirement or otherwise, or departure
for just cause, of special education
personnel;
[(ii) a decrease in the enrollment of
children with disabilities;
[(iii) the termination of the
obligation of the agency, consistent
with this part, to provide a program of
special education to a particular child
with a disability that is an
exceptionally costly program, as
determined by the State educational
agency, because the child--
[(I) has left the
jurisdiction of the agency;
[(II) has reached the age at
which the obligation of the
agency to provide a free
appropriate public education to
the child has terminated; or
[(III) no longer needs such
program of special education;
or
[(iv) the termination of costly
expenditures for long-term purchases,
such as the acquisition of equipment or
the construction of school facilities.
[(C) Treatment of federal funds in certain
fiscal years.--
[(i) Notwithstanding clauses (ii) and
(iii) of subparagraph (A), for any
fiscal year for which amounts
appropriated to carry out section 611
exceeds $4,100,000,000, a local
educational agency may treat as local
funds, for the purpose of such clauses,
up to 20 percent of the amount of funds
it receives under this part that
exceeds the amount it received under
this part for the previous fiscal year.
[(ii) Notwithstanding clause (i), if
a State educational agency determines
that a local educational agency is not
meeting the requirements of this part,
the State educational agency may
prohibit the local educational agency
from treating funds received under this
part as local funds under clause (i)
for any fiscal year, only if it is
authorized to do so by the State
constitution or a State statute.
[(D) Schoolwide programs under title i of the
esea.--Notwithstanding subparagraph (A) or any
other provision of this part, a local
educational agency may use funds received under
this part for any fiscal year to carry out a
schoolwide program under section 1114 of the
Elementary and Secondary Education Act of 1965,
except that the amount so used in any such
program shall not exceed--
[(i) the number of children with
disabilities participating in the
schoolwide program; multiplied by
[(ii)(I) the amount received by the
local educational agency under this
part for that fiscal year; divided by
[(II) the number of children with
disabilities in the jurisdiction of
that agency.
[(3) Personnel development.--The local educational
agency--
[(A) shall ensure that all personnel
necessary to carry out this part are
appropriately and adequately prepared,
consistent with the requirements of section
653(c)(3)(D); and
[(B) to the extent such agency determines
appropriate, shall contribute to and use the
comprehensive system of personnel development
of the State established under section
612(a)(14).
[(4) Permissive use of funds.--Notwithstanding
paragraph (2)(A) or section 612(a)(18)(B) (relating to
commingled funds), funds provided to the local
educational agency under this part may be used for the
following activities:
[(A) Services and aids that also benefit
nondisabled children.--For the costs of special
education and related services and
supplementary aids and services provided in a
regular class or other education-related
setting to a child with a disability in
accordance with the individualized education
program of the child, even if one or more
nondisabled children benefit from such
services.
[(B) Integrated and coordinated services
system.--To develop and implement a fully
integrated and coordinated services system in
accordance with subsection (f ).
[(5) Treatment of charter schools and their
students.--In carrying out this part with respect to
charter schools that are public schools of the local
educational agency, the local educational agency--
[(A) serves children with disabilities
attending those schools in the same manner as
it serves children with disabilities in its
other schools; and
[(B) provides funds under this part to those
schools in the same manner as it provides those
funds to its other schools.
[(6) Information for state educational agency.--The
local educational agency shall provide the State
educational agency with information necessary to enable
the State educational agency to carry out its duties
under this part, including, with respect to paragraphs
(16) and (17) of section 612(a), information relating
to the performance of children with disabilities
participating in programs carried out under this part.
[(7) Public information.--The local educational
agency shall make available to parents of children with
disabilities and to the general public all documents
relating to the eligibility of such agency under this
part.
[(b) Exception for Prior Local Plans.--
[(1) In general.--If a local educational agency or
State agency has on file with the State educational
agency policies and procedures that demonstrate that
such local educational agency, or such State agency, as
the case may be, meets any requirement of subsection
(a), including any policies and procedures filed under
this part as in effect before the effective date of the
Individuals with Disabilities Education Act Amendments
of 1997, the State educational agency shall consider
such local educational agency or State agency, as the
case may be, to have met such requirement for purposes
of receiving assistance under this part.
[(2) Modification made by local educational agency.--
Subject to paragraph (3), an application submitted by a
local educational agency in accordance with this
section shall remain in effect until it submits to the
State educational agency such modifications as the
local educational agency deems necessary.
[(3) Modifications required by state educational
agency.--If, after the effective date of the
Individuals with Disabilities Education Act Amendments
of 1997, the provisions of this Act are amended (or the
regulations developed to carry out this Act are
amended), or there is a new interpretation of this Act
by Federal or State courts, or there is an official
finding of noncompliance with Federal or State law or
regulations, the State educational agency may require a
local educational agency to modify its application only
to the extent necessary to ensure the local educational
agency's compliance with this part or State law.
[(c) Notification of Local Educational Agency or State Agency
in Case of Ineligibility.--If the State educational agency
determines that a local educational agency or State agency is
not eligible under this section, the State educational agency
shall notify the local educational agency or State agency, as
the case may be, of that determination and shall provide such
local educational agency or State agency with reasonable notice
and an opportunity for a hearing.
[(d) Local Educational Agency Compliance.--
[(1) In general.--If the State educational agency,
after reasonable notice and an opportunity for a
hearing, finds that a local educational agency or State
agency that has been determined to be eligible under
this section is failing to comply with any requirement
described in subsection (a), the State educational
agency shall reduce or shall not provide any further
payments to the local educational agency or State
agency until the State educational agency is satisfied
that the local educational agency or State agency, as
the case may be, is complying with that requirement.
[(2) Additional requirement.--Any State agency or
local educational agency in receipt of a notice
described in paragraph (1) shall, by means of public
notice, take such measures as may be necessary to bring
the pendency of an action pursuant to this subsection
to the attention of the public within the jurisdiction
of such agency.
[(3) Consideration.--In carrying out its
responsibilities under paragraph (1), the State
educational agency shall consider any decision made in
a hearing held under section 615 that is adverse to the
local educational agency or State agency involved in
that decision.
[(e) Joint Establishment of Eligibility.--
[(1) Joint establishment.--
[(A) In general.--A State educational agency
may require a local educational agency to
establish its eligibility jointly with another
local educational agency if the State
educational agency determines that the local
educational agency would be ineligible under
this section because the local educational
agency would not be able to establish and
maintain programs of sufficient size and scope
to effectively meet the needs of children with
disabilities.
[(B) Charter school exception.--A State
educational agency may not require a charter
school that is a local educational agency to
jointly establish its eligibility under
subparagraph (A) unless it is explicitly
permitted to do so under the State's charter
school statute.
[(2) Amount of payments.--If a State educational
agency requires the joint establishment of eligibility
under paragraph (1), the total amount of funds made
available to the affected local educational agencies
shall be equal to the sum of the payments that each
such local educational agency would have received under
section 611(g) if such agencies were eligible for such
payments.
[(3) Requirements.--Local educational agencies that
establish joint eligibility under this subsection
shall--
[(A) adopt policies and procedures that are
consistent with the State's policies and
procedures under section 612(a); and
[(B) be jointly responsible for implementing
programs that receive assistance under this
part.
[(4) Requirements for educational service agencies.--
[(A) In general.--If an educational service
agency is required by State law to carry out
programs under this part, the joint
responsibilities given to local educational
agencies under this subsection shall--
[(i) not apply to the administration
and disbursement of any payments
received by that educational service
agency; and
[(ii) be carried out only by that
educational service agency.
[(B) Additional requirement.--Notwithstanding
any other provision of this subsection, an
educational service agency shall provide for
the education of children with disabilities in
the least restrictive environment, as required
by section 612(a)(5).
[(f) Coordinated Services System.--
[(1) In general.--A local educational agency may not
use more than 5 percent of the amount such agency
receives under this part for any fiscal year, in
combination with other amounts (which shall include
amounts other than education funds), to develop and
implement a coordinated services system designed to
improve results for children and families, including
children with disabilities and their families.
[(2) Activities.--In implementing a coordinated
services system under this subsection, a local
educational agency may carry out activities that
include--
[(A) improving the effectiveness and
efficiency of service delivery, including
developing strategies that promote
accountability for results;
[(B) service coordination and case management
that facilitates the linkage of individualized
education programs under this part and
individualized family service plans under part
C with individualized service plans under
multiple Federal and State programs, such as
title I of the Rehabilitation Act of 1973
(vocational rehabilitation), title XIX of the
Social Security Act (Medicaid), and title XVI
of the Social Security Act (supplemental
security income);
[(C) developing and implementing interagency
financing strategies for the provision of
education, health, mental health, and social
services, including transition services and
related services under this Act; and
[(D) interagency personnel development for
individuals working on coordinated services.
[(g) School-Based Improvement Plan.--
[(1) In general.--Each local educational agency may,
in accordance with paragraph (2), use funds made
available under this part to permit a public school
within the jurisdiction of the local educational agency
to design, implement, and evaluate a school-based
improvement plan that is consistent with the purposes
described in section 651(b) and that is designed to
improve educational and transitional results for all
children with disabilities and, as appropriate, for
other children consistent with subparagraphs (A) and
(B) of subsection (a)(4) in that public school.
[(2) Authority.--
[(A) In general.--A State educational agency
may grant authority to a local educational
agency to permit a public school described in
paragraph (1) (through a school-based standing
panel established under paragraph (4)(B)) to
design, implement, and evaluate a school-based
improvement plan described in paragraph (1) for
a period not to exceed 3 years.
[(B) Responsibility of local educational
agency.--If a State educational agency grants
the authority described in subparagraph (A), a
local educational agency that is granted such
authority shall have the sole responsibility of
oversight of all activities relating to the
design, implementation, and evaluation of any
school-based improvement plan that a public
school is permitted to design under this
subsection.
[(3) Plan requirements.--A school-based improvement
plan described in paragraph (1) shall--
[(A) be designed to be consistent with the
purposes described in section 651(b) and to
improve educational and transitional results
for all children with disabilities and, as
appropriate, for other children consistent with
subparagraphs (A) and (B) of subsection (a)(4),
who attend the school for which the plan is
designed and implemented;
[(B) be designed, evaluated, and, as
appropriate, implemented by a school-based
standing panel established in accordance with
2paragraph (4)(B);
[(C) include goals and measurable indicators
to assess the progress of the public school in
meeting such goals; and
[(D) ensure that all children with
disabilities receive the services described in
the individualized education programs of such
children.
[(4) Responsibilities of the local educational
agency.--A local educational agency that is granted
authority under paragraph (2) to permit a public school
to design, implement, and evaluate a school-based
improvement plan shall--
[(A) select each school under the
jurisdiction of such agency that is eligible to
design, implement, and evaluate such a plan;
[(B) require each school selected under
subparagraph (A), in accordance with criteria
established by such local educational agency
under subparagraph (C), to establish a school-
based standing panel to carry out the duties
described in paragraph (3)(B);
[(C) establish--
[(i) criteria that shall be used by
such local educational agency in the
selection of an eligible school under
subparagraph (A);
[(ii) criteria that shall be used by
a public school selected under
subparagraph (A) in the establishment
of a school-based standing panel to
carry out the duties described in
paragraph (3)(B) and that shall ensure
that the membership of such panel
reflects the diversity of the community
in which the public school is located
and includes, at a minimum--
[(I) parents of children with
disabilities who attend such
public school, including
parents of children with
disabilities from unserved and
underserved populations, as
appropriate;
[(II) special education and
general education teachers of
such public school;
[(III) special education and
general education
administrators, or the designee
of such administrators, of such
public school; and
[(IV) related services
providers who are responsible
for providing services to the
children with disabilities who
attend such public school; and
[(iii) criteria that shall be used by
such local educational agency with
respect to the distribution of funds
under this part to carry out this
subsection;
[(D) disseminate the criteria established
under subparagraph (C) to local school district
personnel and local parent organizations within
the jurisdiction of such local educational
agency;
[(E) require a public school that desires to
design, implement, and evaluate a school-based
improvement plan to submit an application at
such time, in such manner, and accompanied by
such information as such local educational
agency shall reasonably require; and
[(F) establish procedures for approval by
such local educational agency of a school-based
improvement plan designed under this
subsection.
[(5) Limitation.--A school-based improvement plan
described in paragraph (1) may be submitted to a local
educational agency for approval only if a consensus
with respect to any matter relating to the design,
implementation, or evaluation of the goals of such plan
is reached by the school-based standing panel that
designed such plan.
[(6) Additional requirements.--
[(A) Parental involvement.--In carrying out
the requirements of this subsection, a local
educational agency shall ensure that the
parents of children with disabilities are
involved in the design, evaluation, and, where
appropriate, implementation of school-based
improvement plans in accordance with this
subsection.
[(B) Plan approval.--A local educational
agency may approve a school-based improvement
plan of a public school within the jurisdiction
of such agency for a period of 3 years, if--
[(i) the approval is consistent with
the policies, procedures, and practices
established by such local educational
agency and in accordance with this
subsection; and
[(ii) a majority of parents of
children who are members of the school-
based standing panel, and a majority of
other members of the school-based
standing panel, that designed such plan
agree in writing to such plan.
[(7) Extension of plan.--If a public school within
the jurisdiction of a local educational agency meets
the applicable requirements and criteria described in
paragraphs (3) and (4) at the expiration of the 3-year
approval period described in paragraph (6)(B), such
agency may approve a school-based improvement plan of
such school for an additional 3-year period.
[(h) Direct Services by the State Educational Agency.--
[(1) In general.--A State educational agency shall
use the payments that would otherwise have been
available to a local educational agency or to a State
agency to provide special education and related
services directly to children with disabilities
residing in the area served by that local agency, or
for whom that State agency is responsible, if the State
educational agency determines that the local education
agency or State agency, as the case may be--
[(A) has not provided the information needed
to establish the eligibility of such agency
under this section;
[(B) is unable to establish and maintain
programs of free appropriate public education
that meet the requirements of subsection (a);
[(C) is unable or unwilling to be
consolidated with one or more local educational
agencies in order to establish and maintain
such programs; or
[(D) has one or more children with
disabilities who can best be served by a
regional or State program or service-delivery
system designed to meet the needs of such
children.
[(2) Manner and location of education and services.--
The State educational agency may provide special
education and related services under paragraph (1) in
such manner and at such locations (including regional
or State centers) as the State agency considers
appropriate. Such education and services shall be
provided in accordance with this part.
[(i) State Agency Eligibility.--Any State agency that desires
to receive a subgrant for any fiscal year under section 611(g)
shall demonstrate to the satisfaction of the State educational
agency that--
[(1) all children with disabilities who are
participating in programs and projects funded under
this part receive a free appropriate public education,
and that those children and their parents are provided
all the rights and procedural safeguards described in
this part; and
[(2) the agency meets such other conditions of this
section as the Secretary determines to be appropriate.
[(j) Disciplinary Information.--The State may require that a
local educational agency include in the records of a child with
a disability a statement of any current or previous
disciplinary action that has been taken against the child and
transmit such statement to the same extent that such
disciplinary information is included in, and transmitted with,
the student records of nondisabled children. The statement may
include a description of any behavior engaged in by the child
that required disciplinary action, a description of the
disciplinary action taken, and any other information that is
relevant to the safety of the child and other individuals
involved with the child. If the State adopts such a policy, and
the child transfers from one school to another, the
transmission of any of the child's records must include both
the child's current individualized education program and any
such statement of current or previous disciplinary action that
has been taken against the child.
[SEC. 614. EVALUATIONS, ELIGIBILITY DETERMINATIONS, INDIVIDUALIZED
EDUCATION PROGRAMS, AND EDUCATIONAL PLACEMENTS.
[(a) Evaluations and Reevaluations.--
[(1) Initial evaluations.--
[(A) In general.--A State educational agency,
other State agency, or local educational agency
shall conduct a full and individual initial
evaluation, in accordance with this paragraph
and subsection (b), before the initial
provision of special education and related
services to a child with a disability under
this part.
[(B) Procedures.--Such initial evaluation
shall consist of procedures--
[(i) to determine whether a child is
a child with a disability (as defined
in section 602(3)); and
[(ii) to determine the educational
needs of such child.
[(C) Parental consent.--
[(i) In general.--The agency
proposing to conduct an initial
evaluation to determine if the child
qualifies as a child with a disability
as defined in section 602(3)(A) or
602(3)(B) shall obtain an informed
consent from the parent of such child
before the evaluation is conducted.
Parental consent for evaluation shall
not be construed as consent for
placement for receipt of special
education and related services.
[(ii) Refusal.--If the parents of
such child refuse consent for the
evaluation, the agency may continue to
pursue an evaluation by utilizing the
mediation and due process procedures
under section 615, except to the extent
inconsistent with State law relating to
parental consent.
[(2) Reevaluations.--A local educational agency shall
ensure that a reevaluation of each child with a
disability is conducted--
[(A) if conditions warrant a reevaluation or
if the child's parent or teacher requests a
reevaluation, but at least once every 3 years;
and
[(B) in accordance with subsections (b) and
(c).
[(b) Evaluation Procedures.--
[(1) Notice.--The local educational agency shall
provide notice to the parents of a child with a
disability, in accordance with subsections (b)(3),
(b)(4), and (c) of section 615, that describes any
evaluation procedures such agency proposes to conduct.
[(2) Conduct of evaluation.--In conducting the
evaluation, the local educational agency shall--
[(A) use a variety of assessment tools and
strategies to gather relevant functional and
developmental information, including
information provided by the parent, that may
assist in determining whether the child is a
child with a disability and the content of the
child's individualized education program,
including information related to enabling the
child to be involved in and progress in the
general curriculum or, for preschool children,
to participate in appropriate activities;
[(B) not use any single procedure as the sole
criterion for determining whether a child is a
child with a disability or determining an
appropriate educational program for the child;
and
[(C) use technically sound instruments that
may assess the relative contribution of
cognitive and behavioral factors, in addition
to physical or developmental factors.
[(3) Additional requirements.--Each local educational
agency shall ensure that--
[(A) tests and other evaluation materials
used to assess a child under this section--
[(i) are selected and administered so
as not to be discriminatory on a racial
or cultural basis; and
[(ii) are provided and administered
in the child's native language or other
mode of communication, unless it is
clearly not feasible to do so; and
[(B) any standardized tests that are given to
the child--
[(i) have been validated for the
specific purpose for which they are
used;
[(ii) are administered by trained and
knowledgeable personnel; and
[(iii) are administered in accordance
with any instructions provided by the
producer of such tests;
[(C) the child is assessed in all areas of
suspected disability; and
[(D) assessment tools and strategies that
provide relevant information that directly
assists persons in determining the educational
needs of the child are provided.
[(4) Determination of eligibility.--Upon completion
of administration of tests and other evaluation
materials--
[(A) the determination of whether the child
is a child with a disability as defined in
section 602(3) shall be made by a team of
qualified professionals and the parent of the
child in accordance with paragraph (5); and
[(B) a copy of the evaluation report and the
documentation of determination of eligibility
will be given to the parent.
[(5) Special rule for eligibility determination.--In
making a determination of eligibility under paragraph
(4)(A), a child shall not be determined to be a child
with a disability if the determinant factor for such
determination is lack of instruction in reading or math
or limited English proficiency.
[(c) Additional Requirements For Evaluation and
Reevaluations.--
[(1) Review of existing evaluation data.--As part of
an initial evaluation (if appropriate) and as part of
any reevaluation under this section, the IEP Team
described in subsection (d)(1)(B) and other qualified
professionals, as appropriate, shall--
[(A) review existing evaluation data on the
child, including evaluations and information
provided by the parents of the child, current
classroom-based assessments and observations,
and teacher and related services providers
observation; and
[(B) on the basis of that review, and input
from the child's parents, identify what
additional data, if any, are needed to
determine--
[(i) whether the child has a
particular category of disability, as
described in section 602(3), or, in
case of a reevaluation of a child,
whether the child continues to have
such a disability;
[(ii) the present levels of
performance and educational needs of
the child;
[(iii) whether the child needs
special education and related services,
or in the case of a reevaluation of a
child, whether the child continues to
need special education and related
services; and
[(iv) whether any additions or
modifications to the special education
and related services are needed to
enable the child to meet the measurable
annual goals set out in the
individualized education program of the
child and to participate, as
appropriate, in the general curriculum.
[(2) Source of data.--The local educational agency
shall administer such tests and other evaluation
materials as may be needed to produce the data
identified by the IEP Team under paragraph (1)(B).
[(3) Parental consent.--Each local educational agency
shall obtain informed parental consent, in accordance
with subsection (a)(1)(C), prior to conducting any
reevaluation of a child with a disability, except that
such informed parent consent need not be obtained if
the local educational agency can demonstrate that it
had taken reasonable measures to obtain such consent
and the child's parent has failed to respond.
[(4) Requirements if additional data are not
needed.--If the IEP Team and other qualified
professionals, as appropriate, determine that no
additional data are needed to determine whether the
child continues to be a child with a disability, the
local educational agency--
[(A) shall notify the child's parents of--
[(i) that determination and the
reasons for it; and
[(ii) the right of such parents to
request an assessment to determine
whether the child continues to be a
child with a disability; and
[(B) shall not be required to conduct such an
assessment unless requested to by the child's
parents.
[(5) Evaluations before change in eligibility.--A
local educational agency shall evaluate a child with a
disability in accordance with this section before
determining that the child is no longer a child with a
disability.
[(d) Individualized Education Programs.--
[(1) Definitions.--As used in this title:
[(A) Individualized education program.--The
term ``individualized education program'' or
``IEP '' means a written statement for each
child with a disability that is developed,
reviewed, and revised in accordance with this
section and that includes--
[(i) a statement of the child's
present levels of educational
performance, including--
[(I) how the child's
disability affects the child's
involvement and progress in the
general curriculum; or
[(II) for preschool children,
as appropriate, how the
disability affects the child's
participation in appropriate
activities;
[(ii) a statement of measurable
annual goals, including benchmarks or
short-term objectives, related to--
[(I) meeting the child's
needs that result from the
child's disability to enable
the child to be involved in and
progress in the general
curriculum; and
[(II) meeting each of the
child's other educational needs
that result from the child's
disability;
[(iii) a statement of the special
education and related services and
supplementary aids and services to be
provided to the child, or on behalf of
the child, and a statement of the
program modifications or supports for
school personnel that will be provided
for the child--
[(I) to advance appropriately
toward attaining the annual
goals;
[(II) to be involved and
progress in the general
curriculum in accordance with
clause (i) and to participate
in extracurricular and other
nonacademic activities; and
[(III) to be educated and
participate with other children
with disabilities and
nondisabled children in the
activities described in this
paragraph;
[(iv) an explanation of the extent,
if any, to which the child will not
participate with nondisabled children
in the regular class and in the
activities described in clause (iii);
[(v)(I) a statement of any individual
modifications in the administration of
State or districtwide assessments of
student achievement that are needed in
order for the child to participate in
such assessment; and
[(II) if the IEP Team determines that
the child will not participate in a
particular State or districtwide
assessment of student achievement (or
part of such an assessment), a
statement of--
[(aa) why that assessment is
not appropriate for the child;
and
[(bb) how the child will be
assessed;
[(vi) the projected date for the
beginning of the services and
modifications described in clause
(iii), and the anticipated frequency,
location, and duration of those
services and modifications;
[(vii)(I) beginning at age 14, and
updated annually, a statement of the
transition service needs of the child
under the applicable components of the
child's IEP that focuses on the child's
courses of study (such as participation
in advanced-placement courses or a
vocational education program);
[(II) beginning at age 16 (or
younger, if determined appropriate by
the IEP Team), a statement of needed
transition services for the child,
including, when appropriate, a
statement of the interagency
responsibilities or any needed
linkages; and
[(III) beginning at least one year
before the child reaches the age of
majority under State law, a statement
that the child has been informed of his
or her rights under this title, if any,
that will transfer to the child on
reaching the age of majority under
section 615(m); and
[(viii) a statement of--
[(I) how the child's progress
toward the annual goals
described in clause (ii) will
be measured; and
[(II) how the child's parents
will be regularly informed (by
such means as periodic report
cards), at least as often as
parents are informed of their
nondisabled children's
progress, of--
[(aa) their child's
progress toward the
annual goals described
in clause (ii); and
[(bb) the extent to
which that progress is
sufficient to enable
the child to achieve
the goals by the end of
the year.
[(B) Individualized education program team.--
The term ``individualized education program
team'' or ``IEP Team'' means a group of
individuals composed of--
[(i) the parents of a child with a
disability;
[(ii) at least one regular education
teacher of such child (if the child is,
or may be, participating in the regular
education environment);
[(iii) at least one special education
teacher, or where appropriate, at least
one special education provider of such
child;
[(iv) a representative of the local
educational agency who--
[(I) is qualified to provide,
or supervise the provision of,
specially designed instruction
to meet the unique needs of
children with disabilities;
[(II) is knowledgeable about
the general curriculum; and
[(III) is knowledgeable about
the availability of resources
of the local educational
agency;
[(v) an individual who can interpret
the instructional implications of
evaluation results, who may be a member
of the team described in clauses (ii)
through (vi);
[(vi) at the discretion of the parent
or the agency, other individuals who
have knowledge or special expertise
regarding the child, including related
services personnel as appropriate; and
[(vii) whenever appropriate, the
child with a disability.
[(2) Requirement that program be in effect.--
[(A) In general.--At the beginning of each
school year, each local educational agency,
State educational agency, or other State
agency, as the case may be, shall have in
effect, for each child with a disability in its
jurisdiction, an individualized education
program, as defined in paragraph (1)(A).
[(B) Program for child aged 3 through 5.--In
the case of a child with a disability aged 3
through 5 (or, at the discretion of the State
educational agency, a 2 year-old child with a
disability who will turn age 3 during the
school year), an individualized family service
plan that contains the material described in
section 636, and that is developed in
accordance with this section, may serve as the
IEP of the child if using that plan as the IEP
is--
[(i) consistent with State policy;
and
[(ii) agreed to by the agency and the
child's parents.
[(3) Development of iep.--
[(A) In general.--In developing each child's
IEP, the IEP Team, subject to subparagraph (C),
shall consider--
[(i) the strengths of the child and
the concerns of the parents for
enhancing the education of their child;
and
[(ii) the results of the initial
evaluation or most recent evaluation of
the child.
[(B) Consideration of special factors.--The
IEP Team shall--
[(i) in the case of a child whose
behavior impedes his or her learning or
that of others, consider, when
appropriate, strategies, including
positive behavioral interventions,
strategies, and supports to address
that behavior;
[(ii) in the case of a child with
limited English proficiency, consider
the language needs of the child as such
needs relate to the child's IEP;
[(iii) in the case of a child who is
blind or visually impaired, provide for
instruction in Braille and the use of
Braille unless the IEP Team determines,
after an evaluation of the child's
reading and writing skills, needs, and
appropriate reading and writing media
(including an evaluation of the child's
future needs for instruction in Braille
or the use of Braille), that
instruction in Braille or the use of
Braille is not appropriate for the
child;
[(iv) consider the communication
needs of the child, and in the case of
a child who is deaf or hard of hearing,
consider the child's language and
communication needs, opportunities for
direct communications with peers and
professional personnel in the child's
language and communication mode,
academic level, and full range of
needs, including opportunities for
direct instruction in the child's
language and communication mode; and
[(v) consider whether the child
requires assistive technology devices
and services.
[(C) Requirement with respect to regular
education teacher.--The regular education
teacher of the child, as a member of the IEP
Team, shall, to the extent appropriate,
participate in the development of the IEP of
the child, including the determination of
appropriate positive behavioral interventions
and strategies and the determination of
supplementary aids and services, program
modifications, and support for school personnel
consistent with paragraph (1)(A)(iii).
[(4) Review and revision of iep.--
[(A) In general.--The local educational
agency shall ensure that, subject to
subparagraph (B), the IEP Team--
[(i) reviews the child's IEP
periodically, but not less than
annually to determine whether the
annual goals for the child are being
achieved; and
[(ii) revises the IEP as appropriate
to address--
[(I) any lack of expected
progress toward the annual
goals and in the general
curriculum, where appropriate;
[(II) the results of any
reevaluation conducted under
this section;
[(III) information about the
child provided to, or by, the
parents, as described in
subsection (c)(1)(B);
[(IV) the child's anticipated
needs; or
[(V) other matters.
[(B) Requirement with respect to regular
education teacher.--The regular education
teacher of the child, as a member of the IEP
Team, shall, to the extent appropriate,
participate in the review and revision of the
IEP of the child.
[(5) Failure to meet transition objectives.--If a
participating agency, other than the local educational
agency, fails to provide the transition services
described in the IEP in accordance with paragraph
(1)(A)(vii), the local educational agency shall
reconvene the IEP Team to identify alternative
strategies to meet the transition objectives for the
child set out in that program.
[(6) Children with disabilities in adult prisons.--
[(A) In general.--The following requirements
do not apply to children with disabilities who
are convicted as adults under State law and
incarcerated in adult prisons:
[(i) The requirements contained in
section 612(a)(17) and paragraph
(1)(A)(v) of this subsection (relating
to participation of children with
disabilities in general assessments).
[(ii) The requirements of subclauses
(I) and (II) of paragraph (1)(A)(vii)
of this subsection (relating to
transition planning and transition
services), do not apply with respect to
such children whose eligibility under
this part will end, because of their
age, before they will be released from
prison.
[(B) Additional requirement.--If a child with
a disability is convicted as an adult under
State law and incarcerated in an adult prison,
the child's IEP Team may modify the child's IEP
or placement notwithstanding the requirements
of sections 612(a)(5)(A) and 614(d)(1)(A) if
the State has demonstrated a bona fide security
or compelling penological interest that cannot
otherwise be accommodated.
[(e) Construction.--Nothing in this section shall be
construed to require the IEP Team to include information under
one component of a child's IEP that is already contained under
another component of such IEP.
[(f) Educational Placements.--Each local educational agency
or State educational agency shall ensure that the parents of
each child with a disability are members of any group that
makes decisions on the educational placement of their child.]
SEC. 613. LOCAL EDUCATIONAL AGENCY ELIGIBILITY.
(a) In General.--A local educational agency is eligible for
assistance under this part for a fiscal year if such agency
reasonably demonstrates to the State educational agency that it
meets each of the following conditions:
(1) Consistency with state policies.--The local
educational agency, in providing for the education of
children with disabilities within its jurisdiction, has
in effect policies, procedures, and programs that are
consistent with the State policies and procedures
established under section 612.
(2) Use of amounts.--
(A) In general.--Amounts provided to the
local educational agency under this part shall
be expended in accordance with the applicable
provisions of this part and--
(i) shall be used only to pay the
excess costs of providing special
education and related services to
children with disabilities;
(ii) shall be used to supplement
State, local, and other Federal funds
and not to supplant such funds; and
(iii) shall not be used, except as
provided in subparagraphs (B) and (C),
to reduce the level of expenditures for
the education of children with
disabilities made by the local
educational agency from local funds
below the level of those expenditures
for the preceding fiscal year.
(B) Exception.--Notwithstanding the
restriction in subparagraph (A)(iii), a local
educational agency may reduce the level of
expenditures where such reduction is
attributable to--
(i) the voluntary departure, by
retirement or otherwise, or departure
for just cause, of special education
personnel;
(ii) a decrease in the enrollment of
children with disabilities;
(iii) the termination of the
obligation of the agency, consistent
with this part, to provide a program of
special education to a particular child
with a disability that is an
exceptionally costly program, as
determined by the State educational
agency, because the child--
(I) has left the jurisdiction
of the agency;
(II) has reached the age at
which the obligation of the
agency to provide a free
appropriate public education to
the child has terminated; or
(III) no longer needs such
program of special education;
or
(iv) the termination of costly
expenditures for long-term purchases,
such as the acquisition of equipment or
the construction of school facilities.
(C) Treatment of federal funds in certain
fiscal years.--
(i) Notwithstanding clauses (ii) and
(iii) of subparagraph (A), for any
fiscal year for which amounts
appropriated to carry out section 611
exceeds $4,100,000,000, a local
educational agency may treat as local
funds, for the purpose of such clauses,
up to 20 percent of the amount of funds
it receives under this part that
exceeds the amount it received under
this part for the previous fiscal year.
(ii) If a local educational agency
chooses to use the authority under
clause (i), then the agency shall use
those local funds to provide additional
funding for programs under the
Elementary and Secondary Education Act
of 1965, including, but not limited to,
programs that address student
achievement, comprehensive school
reform, literacy, teacher quality and
professional development, school
safety, before- and after- school
learning opportunities.
(iii) Notwithstanding clause (i), if
a State educational agency determines
that a local educational agency is
unable to establish and maintain
programs of free appropriate public
education that meet the requirements of
subsection (a), the State educational
agency shall prohibit the local
educational agency from treating funds
received under this part as local funds
under clause (i) for that fiscal year,
but only if it is authorized to do so
by the State constitution or a State
statute.
(D) Schoolwide programs under title i of the
esea.--Notwithstanding subparagraph (A) or any
other provision of this part, a local
educational agency may use funds received under
this part for any fiscal year to carry out a
schoolwide program under section 1114 of the
Elementary and Secondary Education Act of 1965,
except that the amount so used in any such
program shall not exceed--
(i) the number of children with
disabilities participating in the
schoolwide program; multiplied by
(ii)(I) the amount received by the
local educational agency under this
part for that fiscal year; divided by
(II) the number of children with
disabilities in the jurisdiction of
that agency.
(3) Personnel development.--The local educational
agency shall ensure that all personnel necessary to
carry out this part are appropriately and adequately
prepared, consistent with the requirements of section
612 of this Act and section 1119 of the Elementary and
Secondary Education Act of 1965.
(4) Permissive use of funds.--Notwithstanding
paragraph (2)(A) or section 612(a)(18)(B) (relating to
commingled funds), funds provided to the local
educational agency under this part may be used for the
following activities:
(A) Services and aids that also benefit
nondisabled children.--For the costs of special
education and related services and
supplementary aids and services provided in a
regular class or other education-related
setting to a child with a disability in
accordance with the individualized education
program of the child, even if one or more
nondisabled children benefit from such
services.
(B) Prereferral services.--To develop and
implement a system of comprehensive coordinated
prereferral education support services in
accordance with subsection (f).
(C) High cost education and related
services.--To establish and implement cost or
risk sharing funds, consortia, or cooperatives
for the agency itself, or for local educational
agencies working in consortium of which the
local educational agency is a part, to pay for
high cost special education and related
services.
(D) Case management and administration.--To
purchase appropriate technology for record
keeping, data collection, and related case
management activities of teachers and related
services personnel who are providing services
described in the individualized education
program of children with disabilities necessary
to the implementation of those case management
activities.
(E) Supplemental educational services for
children with disabilities in schools
designated for improvement.--For the reasonable
additional expenses (as determined by the local
educational agency) of any necessary
accommodations to allow children with
disabilities who are being educated in a school
identified for school improvement under section
1116(b) of the Elementary and Secondary
Education Act of 1965 (20 U.S.C. 6316(b)) to be
provided supplemental educational services
under section 1116(e) of such Act on an
equitable basis.
(5) Treatment of charter schools and their
students.--In carrying out this part with respect to
charter schools that are public schools of the local
educational agency, the local educational agency--
(A) serves children with disabilities
attending those schools in the same manner as
it serves children with disabilities in its
other schools, including providing supplemental
and related services on site at the charter
school when the local educational agency has a
policy or practice of providing those services
on site to its other schools; and
(B) provides funds under this part to those
schools on the same basis as it provides those
funds to its other public schools (including,
at the option of such agency, proportional
distribution based on relative enrollment of
children with disabilities at such charter
schools), and at the same time as such agency
distributes other Federal funds to those
schools, consistent with the State's charter
law.
(6) Purchase of instructional materials.--Not later
than 2 years after the date of the enactment of the
Improving Education Results for Children With
Disabilities Act of 2003, the local educational agency,
when purchasing instructional materials for use in
public elementary and secondary schools within the
local educational agency, requires the publisher of the
instructional materials, as a part of any purchase
agreement that is made, renewed, or revised, to prepare
and supply electronic files containing the contents of
the instructional materials using the national
instructional materials accessibility standard
described in section 612(a)(23).
(7) Information for state educational agency.--The
local educational agency shall provide the State
educational agency with information necessary to enable
the State educational agency to carry out its duties
under this part, including, with respect to paragraphs
(15) and (16) of section 612(a), information relating
to the performance of children with disabilities
participating in programs carried out under this part.
(8) Public information.--The local educational agency
shall make available to parents of children with
disabilities and to the general public all documents
relating to the eligibility of such agency under this
part.
(9) Records regarding migratory children with
disabilities.--The local educational agency shall
cooperate in the Secretary's efforts under section 1308
of the Elementary and Secondary Education Act of 1965
(20 U.S.C. 6398) to ensure the linkage of records
pertaining to migratory children with a disability for
the purpose of electronically exchanging, among the
States, health and educational information regarding
such children.
(b) Exception for Prior Local Plans.--
(1) In general.--If a local educational agency or
State agency has on file with the State educational
agency policies and procedures that demonstrate that
such local educational agency, or such State agency, as
the case may be, meets any requirement of subsection
(a), including any policies and procedures filed under
this part as in effect before the effective date of the
Improving Education Results for Children With
Disabilities Act of 2003, the State educational agency
shall consider such local educational agency or State
agency, as the case may be, to have met such
requirement for purposes of receiving assistance under
this part.
(2) Modification made by local educational agency.--
Subject to paragraph (3), an application submitted by a
local educational agency in accordance with this
section shall remain in effect until it submits to the
State educational agency such modifications as the
local educational agency deems necessary.
(3) Modifications required by state educational
agency.--If, after the date of the enactment of the
Improving Education Results for Children With
Disabilities Act of 2003, the provisions of this Act
are amended (or the regulations developed to carry out
this Act are amended), or there is a new interpretation
of this Act by Federal or State courts, or there is an
official finding of noncompliance with Federal or State
law or regulations, the State educational agency may
require a local educational agency to modify its
application only to the extent necessary to ensure the
local educational agency's compliance with this part or
State law.
(c) Notification of Local Educational Agency or State Agency
in Case of Ineligibility.--If the State educational agency
determines that a local educational agency or State agency is
not eligible under this section, the State educational agency
shall notify the local educational agency or State agency, as
the case may be, of that determination and shall provide such
local educational agency or State agency with reasonable notice
and an opportunity for a hearing.
(d) Local Educational Agency Compliance.--
(1) In general.--If the State educational agency,
after reasonable notice and an opportunity for a
hearing, finds that a local educational agency or State
agency that has been determined to be eligible under
this section is failing to comply with any requirement
described in subsection (a), the State educational
agency shall reduce or shall not provide any further
payments to the local educational agency or State
agency until the State educational agency is satisfied
that the local educational agency or State agency, as
the case may be, is complying with that requirement.
(2) Additional requirement.--Any State agency or
local educational agency in receipt of a notice
described in paragraph (1) shall, by means of public
notice, take such measures as may be necessary to bring
the pendency of an action pursuant to this subsection
to the attention of the public within the jurisdiction
of such agency.
(3) Consideration.--In carrying out its
responsibilities under paragraph (1), the State
educational agency shall consider any decision made in
a hearing held under section 615 that is adverse to the
local educational agency or State agency involved in
that decision.
(e) Joint Establishment of Eligibility.--
(1) Joint establishment.--
(A) In general.--A State educational agency
may require a local educational agency to
establish its eligibility jointly with another
local educational agency if the State
educational agency determines that the local
educational agency would be ineligible under
this section because the local educational
agency would not be able to establish and
maintain programs of sufficient size and scope
to effectively meet the needs of children with
disabilities.
(B) Charter school exception.--A State
educational agency may not require a charter
school that is a local educational agency to
jointly establish its eligibility under
subparagraph (A) unless it is explicitly
permitted to do so under the State's charter
school statute.
(2) Amount of payments.--If a State educational
agency requires the joint establishment of eligibility
under paragraph (1), the total amount of funds made
available to the affected local educational agencies
shall be equal to the sum of the payments that each
such local educational agency would have received under
section 611(f) if such agencies were eligible for such
payments.
(3) Requirements.--Local educational agencies that
establish joint eligibility under this subsection
shall--
(A) adopt policies and procedures that are
consistent with the State's policies and
procedures under section 612(a); and
(B) be jointly responsible for implementing
programs that receive assistance under this
part.
(4) Requirements for educational service agencies.--
(A) In general.--If an educational service
agency is required by State law to carry out
programs under this part, the joint
responsibilities given to local educational
agencies under this subsection shall--
(i) not apply to the administration
and disbursement of any payments
received by that educational service
agency; and
(ii) be carried out only by that
educational service agency.
(B) Additional requirement.--Notwithstanding
any other provision of this subsection, an
educational service agency shall provide for
the education of children with disabilities in
the least restrictive environment, as required
by section 612(a)(5).
(f) Prereferral Services.--
(1) In general.--A local educational agency may use
not more than 15 percent of the amount such agency
receives under this part for any fiscal year, in
combination with other amounts (which may include
amounts other than education funds), to develop and
implement comprehensive coordinated prereferral
educational support services for students in
kindergarten through grade 12 (with a particular
emphasis on students in grades kindergarten through 3)
who have not been identified as needing special
education or related services but who need additional
academic and behavioral support to succeed in a general
education environment.
(2) Activities.--In implementing comprehensive
coordinated prereferral educational services under this
subsection, a local educational agency may carry out
the following activities:
(A) Professional development (which may be
provided by entities other than local
educational agencies) for teachers to enable
them to deliver scientifically based academic
and behavioral interventions, including
scientifically based literacy instruction and
speech therapy.
(B) Providing educational evaluations,
services, and supports, including
scientifically based literacy instruction.
(C) Providing behavioral evaluations and
services and supports, including positive
behavioral interventions and supports.
(3) Exclusion.--Nothing in this subsection shall be
construed to either limit or create a right to a free
appropriate public education under this part.
(4) Reporting.--Each local educational agency that
develops and maintains comprehensive coordinated
prereferral educational support services under this
subsection shall annually report to the State
educational agency on--
(A) the number of students served under this
subsection; and
(B) the number of students served under this
subsection who subsequently receive special
education and related services under this Act
during the preceding 2-year period.
(5) Coordination with the elementary and secondary
education act of 1965.--
(A) In general.--Comprehensive coordinated
prereferral educational support services
provided under this subsection may be aligned
with activities funded by, and carried out
under, the Elementary and Secondary Education
Act of 1965, such as the Reading First program
under subpart 1 of part B of title I of such
Act, the Early Reading First program under
subpart 2 of part B of title I of such Act,
reading and math supports under part A of title
I of such Act, and behavior intervention
supports, that improve results for children
with disabilities.
(B) Maintenance of effort.--Funds used under
this section shall be used to supplement, and
not supplant, funds made available under the
Elementary and Secondary Education Act of 1965.
(g) Direct Services by the State Educational Agency.--
(1) In general.--A State educational agency shall use
the payments that would otherwise have been available
to a local educational agency or to a State agency to
provide special education and related services directly
to children with disabilities residing in the area
served by that local agency, or for whom that State
agency is responsible, if the State educational agency
determines that the local education agency or State
agency, as the case may be--
(A) has not provided the information needed
to establish the eligibility of such agency
under this section;
(B) is unable to establish and maintain
programs of free appropriate public education
that meet the requirements of subsection (a);
(C) is unable or unwilling to be consolidated
with one or more local educational agencies in
order to establish and maintain such programs;
or
(D) has one or more children with
disabilities who can best be served by a
regional or State program or service-delivery
system designed to meet the needs of such
children.
(2) Manner and location of education and services.--
The State educational agency may provide special
education and related services under paragraph (1) in
such manner and at such locations (including regional
or State centers) as the State agency considers
appropriate. Such education and services shall be
provided in accordance with this part.
(h) State Agency Eligibility.--Any State agency that desires
to receive a subgrant for any fiscal year under section 611(f)
shall demonstrate to the satisfaction of the State educational
agency that--
(1) all children with disabilities who are
participating in programs and projects funded under
this part receive a free appropriate public education,
and that those children and their parents are provided
all the rights and procedural safeguards described in
this part; and
(2) the agency meets such other conditions of this
section as the Secretary determines to be appropriate.
(i) Disciplinary Information.--The State may require that a
local educational agency include in the records of a child with
a disability a statement of any current or previous
disciplinary action that has been taken against the child and
transmit such statement to the same extent that such
disciplinary information is included in, and transmitted with,
the student records of nondisabled children. The statement may
include a description of any behavior engaged in by the child
that required disciplinary action, a description of the
disciplinary action taken, and any other information that is
relevant to the safety of the child and other individuals
involved with the child. If the State adopts such a policy, and
the child transfers from one school to another, the
transmission of any of the child's records must include both
the child's current individualized education program and any
such statement of current or previous disciplinary action that
has been taken against the child.
SEC. 614. EVALUATIONS, ELIGIBILITY DETERMINATIONS, INDIVIDUALIZED
EDUCATION PROGRAMS, AND EDUCATIONAL PLACEMENTS.
(a) Evaluations, Parental Consent, and Reevaluations.--
(1) Initial evaluations.--
(A) In general.--A State educational agency,
other State agency, or local educational agency
shall conduct a full and individual initial
evaluation, in accordance with this paragraph
and subsection (b), before the initial
provision of special education and related
services to a child with a disability under
this part.
(B) Request for initial evaluation.--
Consistent with subparagraph (D), either a
parent of a child, a State educational agency,
other State agency as appropriate, or local
educational agency may initiate a request for
an initial evaluation to determine if the child
is a child with a disability.
(C) Procedures.--Such initial evaluation
shall consist of procedures--
(i) to determine whether a child is a
child with a disability (as defined in
section 602(3)); and
(ii) to determine the educational
needs of such child.
(D) Parental consent.--
(i) In general.--
(I) Consent for initial
evaluation.--The agency
proposing to conduct an initial
evaluation to determine if the
child qualifies as a child with
a disability as defined in
section 602(3)(A) or 602(3)(B)
shall obtain informed consent
from the parent of such child
before conducting the
evaluation. Parental consent
for evaluation shall not be
construed as consent for
placement for receipt of
special education and related
services.
(II) Consent for services.--
An agency that is responsible
for making a free appropriate
public education available to a
child with a disability under
this part shall seek to obtain
informed consent from the
parent of such child before
providing special education and
related services to the child.
(ii) Absence of consent.--
(I) For initial evaluation.--
If the parent of such child
does not provide consent for an
initial evaluation under clause
(i)(I), or the parent fails to
respond to a request to provide
the consent, the local
educational agency may pursue
the initial evaluation of the
child through the procedures
described in section 615,
except to the extent
inconsistent with State law
relating to such parental
consent.
(II) For services.--If the
parent of such child does not
provide consent for services
under clause (i)(II), or the
parent fails to respond to a
request to provide the consent,
the local educational agency
shall not provide special
education and related services
to the child through the
procedures described in section
615.
(III) Effect on agency
obligations.--In any case for
which there is an absence of
consent for an initial
evaluation under subclause (I),
or for which there is an
absence of consent for services
under subclause (II)--
(aa) the local
educational agency
shall not be required
to convene an IEP
meeting or develop an
IEP under this section
for the child; and
(bb) the local
educational agency
shall not be considered
to be in violation of
any requirement under
this part (including
the requirement to make
available a free
appropriate public
education to the child)
with respect to the
lack of an initial
evaluation of the
child, an IEP meeting
with respect to the
child, or the
development of an IEP
under this section for
the child.
(E) Rule of construction.--The screening of a
student by a teacher or specialist to determine
appropriate instructional strategies for
curriculum implementation shall not be
considered to be an evaluation for eligibility
for special education and related services.
(2) Reevaluations.--
(A) In general.--A local educational agency
shall ensure that a reevaluation of each child
with a disability is conducted in accordance
with subsections (b) and (c)--
(i) if the local educational agency
determines that the educational needs,
including improved academic
achievement, of the child warrant a
reevaluation; or
(ii) if the child's parent or teacher
requests a reevaluation.
(B) Limitation.--A reevaluation conducted
under subparagraph (A) shall occur--
(i) no more than once a year, unless
the parent and the local educational
agency agree otherwise; and
(ii) at least once every three years,
unless the parent and the local
educational agency agree that a
reevaluation is unnecessary.
(b) Evaluation Procedures.--
(1) Notice.--The local educational agency shall
provide notice to the parent of a child with a
disability, in accordance with subsections (b)(3),
(b)(4), and (c) of section 615, that describes any
evaluation procedures such agency proposes to conduct.
(2) Conduct of evaluation.--In conducting the
evaluation, the local educational agency shall--
(A) use multiple up-to-date measures and
assessments to gather relevant functional,
developmental, and academic information,
including information provided by the parent,
to assist in determining--
(i) whether the child is a child with
a disability; and
(ii) the content of the child's
individualized education program,
including information related to
enabling the child to be involved in
and progress in the general education
curriculum or, for preschool children,
to participate in appropriate
activities;
(B) not use any single measure or assessment
as the sole criterion for determining whether a
child is a child with a disability or
determining an appropriate educational program
for the child; and
(C) use technically sound instruments that
may assess the relative contribution of
cognitive and behavioral factors, in addition
to physical or developmental factors.
(3) Additional requirements.--Each local educational
agency shall ensure that--
(A) assessments and other evaluation measures
used to assess a child under this section--
(i) are selected and administered so
as not to be discriminatory on a racial
or cultural basis;
(ii) are provided and administered,
to the extent practicable, in the
language and form most likely to yield
accurate academic and developmental
data;
(iii) are used for the purposes for
which the assessments or measures are
valid and reliable;
(iv) are administered by trained and
knowledgeable personnel; and
(v) are administered in accordance
with any instructions provided by the
producer of such tests;
(B) the child is assessed in all areas of
suspected disability; and
(C) assessment tools and strategies that
provide relevant information that directly
assists persons in determining the educational
needs of the child are provided.
(4) Determination of eligibility and educational
need.--Upon completion of the administration of
assessments and other evaluation measures--
(A) the determination of whether the child is
a child with a disability as defined in section
602(3) and the educational needs of the child
shall be made by a team of qualified
professionals and the parent of the child in
accordance with paragraph (5); and
(B) a copy of the evaluation report and the
documentation of determination of eligibility
will be given to the parent.
(5) Special rule for eligibility determination.--In
making a determination of eligibility under paragraph
(4)(A), a child shall not be determined to be a child
with a disability if the determinant factor for such
determination is--
(A) lack of scientifically based instruction
practices and programs that contain the
essential components of reading instruction (as
that term is defined in section 1208(3) of the
Elementary and Secondary Education Act of
1965);
(B) lack of instruction in math; or
(C) limited English proficiency.
(6) Specific learning disabilities.--
(A) In general.--Notwithstanding section 607
of this Act, when determining whether a child
has a specific learning disability as defined
under this Act, the local educational agency
shall not be required to take into
consideration whether the child has a severe
discrepancy between achievement and
intellectual ability in oral expression,
listening comprehension, written expression,
basic reading skill, reading comprehension,
mathematical calculation, or mathematical
reasoning.
(B) Additional authority.--In determining
whether a child has a specific learning
disability, a local educational agency may use
a process which determines if a child responds
to scientific, research-based intervention.
(c) Additional Requirements For Evaluation and
Reevaluations.--
(1) Review of existing evaluation data.--As part of
an initial evaluation (if appropriate) and as part of
any reevaluation under this section, the IEP Team
described in subsection (d)(1)(B) and other qualified
professionals, as appropriate, shall--
(A) review existing evaluation data on the
child, including evaluations and information
provided by the parents of the child, current
classroom-based local or State assessments, and
classroom-based observations, and teacher and
related services providers observations; and
(B) on the basis of that review, and input
from the child's parents, identify what
additional data, if any, are needed to
determine--
(i) whether the child is a child with
a disability as defined in section
602(3), and the educational needs of
the child, or, in case of a
reevaluation of a child, whether the
child continues to have such a
disability and such educational needs;
(ii) the present levels of academic
achievement and related developmental
needs of the child;
(iii) whether the child needs special
education and related services, or in
the case of a reevaluation of a child,
whether the child continues to need
special education and related services;
and
(iv) whether any additions or
modifications to the special education
and related services are needed to
enable the child to meet the measurable
annual goals set out in the
individualized education program of the
child and to participate, as
appropriate, in the general education
curriculum.
(2) Source of data.--The local educational agency
shall administer such assessments and other evaluation
measures as may be needed to produce the data
identified by the IEP Team under paragraph (1)(B).
(3) Parental consent.--Each local educational agency
shall obtain informed parental consent, in accordance
with subsection (a)(1)(D), prior to conducting any
reevaluation of a child with a disability, except that
such informed parental consent need not be obtained if
the local educational agency can demonstrate that it
had taken reasonable measures to obtain such consent
and the child's parent has failed to respond.
(4) Requirements if additional data are not needed.--
If the IEP Team and other qualified professionals, as
appropriate, determine that no additional data are
needed to determine whether the child continues to be a
child with a disability and to determine the child's
educational needs, the local educational agency--
(A) shall notify the child's parents of--
(i) that determination and the
reasons for it; and
(ii) the right of such parents to
request an assessment to determine
whether the child continues to be a
child with a disability and to
determine the child's educational
needs; and
(B) shall not be required to conduct such an
assessment unless requested to by the child's
parents.
(5) Evaluations before change in eligibility.--A
local educational agency shall evaluate a child with a
disability in accordance with this section prior to
graduation, and before determining that the child is no
longer a child with a disability, only in instances
where the IEP Team is not in agreement regarding the
change in eligibility.
(d) Individualized Education Programs.--
(1) Definitions.--As used in this title:
(A) Individualized education program.--
(i) In general.--The term
``individualized education program'' or
``IEP'' means a written statement for
each child with a disability that is
developed, reviewed, and revised in
accordance with this section and that
includes--
(I) a statement of the
child's present levels of
academic achievement,
including--
(aa) how the child's
disability affects the
child's involvement and
progress in the general
education curriculum;
(bb) for preschool
children, as
appropriate, how the
disability affects the
child's participation
in appropriate
activities; and
(cc) until the
beginning of the 2005-
2006 school year, a
description of
benchmarks or short-
term objectives, except
in the case of children
with disabilities who
take alternate
assessments aligned to
alternate achievement
standards, a
description of
benchmarks or short-
term objectives shall
continue to be
included;
(II) a statement of
measurable annual goals
designed to--
(aa) meet the child's
needs that result from
the child's disability
to enable the child to
be involved in and make
progress in the general
education curriculum;
and
(bb) meet the child's
other educational needs
that result from the
child's disability;
(III) a statement of the
special education and related
services and supplementary aids
and services, based on peer-
reviewed research to the extent
practicable, to be provided to
the child, or on behalf of the
child, and a statement of the
program modifications or
supports for school personnel
that will be provided for the
child--
(aa) to advance
appropriately toward
attaining the annual
goals;
(bb) to be involved
in and make progress in
the general education
curriculum in
accordance with
subclause (I) and to
participate in
extracurricular and
other nonacademic
activities; and
(cc) to be educated
and participate with
other children with
disabilities and
nondisabled children in
the activities
described in this
paragraph;
(IV) an explanation of the
extent, if any, to which the
child will not participate with
nondisabled children in the
regular class and in the
activities described in
subclause (III)(cc);
(V)(aa) a statement of any
individual appropriate
accommodations in the
administration of State or
districtwide assessments of
student achievement that are
necessary to measure the
academic achievement of the
child consistent with section
612(a)(16)(A)(ii); and
(bb) if the IEP Team
determines that the child will
not participate in a particular
State or districtwide
assessment of student
achievement (or part of such an
assessment), a statement of--
(AA) why that
assessment is not
appropriate for the
child; and
(BB) how the child
will be assessed
consistent with
612(a)(16)(A);
(VI) the projected date for
the beginning of the services
and modifications described in
subclause (III), and the
anticipated frequency,
location, and duration of those
services and modifications;
(VII)(aa) beginning at age
14, and updated annually, a
statement of the transition
service needs of the child
under the applicable components
of the child's IEP that focuses
on the child's courses of study
(such as participation in
advanced-placement courses or a
vocational education program);
(bb) beginning at age 16 (or
younger, if determined
appropriate by the IEP Team), a
statement of needed transition
services for the child,
including, when appropriate, a
statement of the interagency
responsibilities or any needed
linkages; and
(cc) beginning at least 1
year before the child reaches
the age of majority under State
law, a statement that the child
has been informed of his or her
rights under this title, if
any, that will transfer to the
child on reaching the age of
majority under section 615(l);
and
(VIII) a statement of--
(aa) how the child's
progress toward the
annual goals described
in subclause (II) will
be measured; and
(bb) how the child's
parents will be
regularly informed (by
such means as periodic
report cards), at least
as often as parents are
informed of their
nondisabled children's
progress, of the
sufficiency of their
child's progress toward
the annual goals
described in subclause
(II).
(ii) Rule of construction.--Nothing
in this subparagraph shall be construed
to require--
(I) that additional
information be included in a
child's IEP beyond what is
required in this subsection;
and
(II) the IEP Team to include
information under one component
of a child's IEP that is
already contained under another
component of such IEP.
(B) Individualized education program team.--
The term ``individualized education program
team'' or ``IEP Team'' means a group of
individuals composed of--
(i) the parents of a child with a
disability;
(ii) a regular education teacher of
such child, but such teacher shall not
be required to attend a meeting or part
of a meeting of the IEP Team involving
issues not related to the child's
participation in the regular education
environment, nor shall multiple regular
education teachers, if the child has
more than one regular education
teacher, be required to attend a
meeting, or part of a meeting, of the
IEP team;
(iii) at least 1 special education
teacher, or where appropriate, at least
1 special education provider of such
child;
(iv) a representative of the local
educational agency who--
(I) is qualified to provide,
or supervise the provision of,
specially designed instruction
to meet the unique needs of
children with disabilities;
(II) is knowledgeable about
the general education
curriculum; and
(III) is knowledgeable about
the availability of resources
of the local educational
agency;
(v) an individual who can interpret
the instructional implications of
evaluation results, who may be a member
of the team described in clauses (ii)
through (vi);
(vi) at the discretion of the parent
or the agency, other individuals who
have knowledge or special expertise
regarding the child, including related
services personnel as appropriate; and
(vii) whenever appropriate, the child
with a disability.
(2) Requirement that program be in effect.--
(A) In general.--At the beginning of each
school year, each local educational agency,
State educational agency, or other State
agency, as the case may be, shall have in
effect, for each child with a disability in its
jurisdiction, an individualized education
program, as defined in paragraph (1)(A).
(B) Program for child aged 3 through 5.--In
the case of a child with a disability aged 3
through 5 (or, at the discretion of the State
educational agency, a 2 year-old child with a
disability who will turn age 3 during the
school year), the IEP Team shall consider the
individualized family service plan that
contains the material described in section 636,
and that is developed in accordance with this
section, and the individualized family service
plan may serve as the IEP of the child if using
that plan as the IEP is--
(i) consistent with State policy; and
(ii) agreed to by the agency and the
child's parents.
(3) Development of iep.--
(A) In general.--In developing each child's
IEP, the IEP Team, subject to subparagraph (C),
shall consider--
(i) the results of the initial
evaluation or most recent evaluation of
the child;
(ii) the academic and developmental
needs of the child;
(iii) the strengths of the child; and
(iv) the concerns of the parents for
enhancing the education of their child.
(B) Consideration of special factors.--The
IEP Team shall--
(i) in the case of a child whose
behavior impedes his or her learning or
that of others, consider the use of
positive behavioral interventions and
supports, and other strategies, to
address that behavior;
(ii) in the case of a child with
limited English proficiency, consider
the language needs of the child as such
needs relate to the child's IEP;
(iii) in the case of a child who is
blind or visually impaired, provide for
instruction in Braille and the use of
Braille unless the IEP Team determines,
after an evaluation of the child's
reading and writing skills, needs, and
appropriate reading and writing media
(including an evaluation of the child's
future needs for instruction in Braille
or the use of Braille), that
instruction in Braille or the use of
Braille is not appropriate for the
child;
(iv) consider the communication needs
of the child, and in the case of a
child who is deaf or hard of hearing,
consider the child's language and
communication needs, opportunities for
direct communications with peers and
professional personnel in the child's
language and communication mode,
academic level, and full range of
needs, including opportunities for
direct instruction in the child's
language and communication mode; and
(v) consider whether the child needs
assistive technology devices and
services.
(C) Requirement with respect to regular
education teacher.--The regular education
teacher of the child, if a member of the IEP
Team pursuant to paragraph (1)(B)(ii), shall,
to the extent appropriate, participate in the
development of the IEP of the child, including
the determination of appropriate positive
behavioral interventions and supports, and
other strategies and the determination of
supplementary aids and services, program
modifications, and support for school personnel
consistent with paragraph (1)(A)(i)(III).
(D) IEP team attendance.--The parent of a
child with a disability and the local
educational agency may jointly excuse any
member of the IEP Team from attending all or
part of an IEP meeting if they agree that the
member's attendance is not necessary. The IEP
Team shall obtain the member's input prior to
an IEP meeting from which the member is
excused.
(E) Agreement on meeting.--In making changes
to a child's IEP after the annual IEP meeting,
the parent of a child with a disability and the
local educational agency may agree not to
reconvene the IEP team and instead develop a
written document to amend or modify the child's
current IEP.
(F) Consolidation of iep team meetings.--To
the extent possible, the local educational
agency shall encourage the consolidation of IEP
Team meetings for a child.
(G) Amendments.--Changes to the IEP may be
made either by the entire IEP Team or, as
provided in subparagraph (E), by amending the
IEP rather than by redrafting the entire IEP.
(4) Review and revision of iep.--
(A) In general.--The local educational agency
shall ensure that, subject to subparagraph (B),
the IEP Team--
(i) reviews the child's IEP
periodically, but not less than
annually, to determine whether the
annual goals for the child are being
achieved; and
(ii) revises the IEP as appropriate
to address--
(I) any lack of expected
progress toward the annual
goals and in the general
education curriculum, where
appropriate;
(II) the results of any
reevaluation conducted under
this section;
(III) information about the
child provided to, or by, the
parents, as described in
subsection (c)(1)(B);
(IV) the child's anticipated
needs; or
(V) other matters.
(B) Requirement with respect to regular
education teacher.--The regular education
teacher of the child, if a member of the IEP
Team, shall, consistent with this section,
participate in the review and revision of the
IEP of the child.
(5) Multi-year iep.--
(A) Development.--The local educational
agency may offer to the parent of a child with
a disability the option of developing a
comprehensive multi-year IEP, not to exceed 3
years, that is designed to cover the natural
transition points for the child. With the
consent of the parent, the IEP Team shall
develop an IEP, as described in paragraphs (1)
and (3), that is designed to serve the child
for the appropriate multi-year period, which
includes a statement of--
(i) measurable goals pursuant to
paragraph (1)(A)(i)(II), coinciding
with natural transition points for the
child, that will enable the child to be
involved in and make progress in the
general education curriculum and that
will meet the child's other needs that
result from the child's disability; and
(ii) measurable annual goals for
determining progress toward meeting the
goals described in clause (i).
(B) Review and revision of multi-year iep.--
(i) Requirement.--The IEP Team shall
conduct a review under paragraph (4) of
the child's multi-year IEP at each of
the child's natural transition points.
(ii) Streamlined annual review
process.--In years other than a child's
natural transition points, the local
educational agency shall ensure that
the IEP Team--
(I) provides an annual review
of the child's IEP to determine
the child's current levels of
progress and determine whether
the annual goals for the child
are being achieved; and
(II) amends the IEP, as
appropriate, to enable the
child to continue to meet the
measurable goals set out in the
IEP.
(iii) Comprehensive review process.--
If the IEP Team determines, on the
basis of the review under clause (i),
that the child is not making sufficient
progress toward the goals described in
subparagraph (A), the local educational
agency shall ensure that the IEP Team
reviews the IEP under paragraph (4),
within 30 calendar days.
(iv) Parental preference.--At the
request of the parent, the IEP Team
shall conduct a review under paragraph
(4) of the child's multi-year IEP
rather than a streamlined annual review
under clause (ii).
(C) Definition.--As used in this paragraph,
the term ``natural transition points'' means
those periods that are close in time to the
transition of a child with a disability from
preschool to elementary grades, from elementary
grades to middle or junior high school grades,
from middle or junior high school grades to
high school grades, and from high school grades
to post-secondary activities, but in no case
longer than 3 years.
(6) Failure to meet transition objectives.--If a
participating agency, other than the local educational
agency, fails to provide the transition services
described in the IEP in accordance with paragraph
(1)(A)(i)(VII), the local educational agency shall
reconvene the IEP Team to identify alternative
strategies to meet the transition objectives for the
child set out in that program.
(7) Children with disabilities in adult prisons.--
(A) In general.--The following requirements
do not apply to children with disabilities who
are convicted as adults under State law and
incarcerated in adult prisons:
(i) The requirements contained in
section 612(a)(16) and paragraph
(1)(A)(i)(V) of this subsection
(relating to participation of children
with disabilities in general
assessments).
(ii) The requirements of items (aa)
and (bb) of paragraph (1)(A)(i)(VII) of
this subsection (relating to transition
planning and transition services), do
not apply with respect to such children
whose eligibility under this part will
end, because of their age, before they
will be released from prison.
(B) Additional requirement.--If a child with
a disability is convicted as an adult under
State law and incarcerated in an adult prison,
the child's IEP Team may modify the child's IEP
or placement notwithstanding the requirements
of sections 612(a)(5)(A) and 614(d)(1)(A) if
the State has demonstrated a bona fide security
or compelling penological interest that cannot
otherwise be accommodated.
(e) Educational Placements.--Each local educational agency or
State educational agency shall ensure that the parents of each
child with a disability are members of any group that makes
decisions on the educational placement of their child.
(f) Alternative Means of Meeting Participation.--When
conducting IEP team meetings and placement meetings pursuant to
this section and 615, the parent of a child with a disability
and a local educational agency may agree to use alternative
means of meeting participation, such as video conferences and
conference calls.
SEC. 615. PROCEDURAL SAFEGUARDS.
[(a) Establishment of Procedures.--Any State educational
agency, State agency, or local educational agency that receives
assistance under this part shall establish and maintain
procedures in accordance with this section to ensure that
children with disabilities and their parents are guaranteed
procedural safeguards with respect to the provision of free
appropriate public education by such agencies.
[(b) Types of Procedures.--The procedures required by this
section shall include--
[(1) an opportunity for the parents of a child with a
disability to examine all records relating to such
child and to participate in meetings with respect to
the identification, evaluation, and educational
placement of the child, and the provision of a free
appropriate public education to such child, and to
obtain an independent educational evaluation of the
child;
[(2) procedures to protect the rights of the child
whenever the parents of the child are not known, the
agency cannot, after reasonable efforts, locate the
parents, or the child is a ward of the State, including
the assignment of an individual (who shall not be an
employee of the State educational agency, the local
educational agency, or any other agency that is
involved in the education or care of the child) to act
as a surrogate for the parents;
[(3) written prior notice to the parents of the child
whenever such agency--
[(A) proposes to initiate or change; or
[(B) refuses to initiate or change;
the identification, evaluation, or educational
placement of the child, in accordance with subsection
(c), or the provision of a free appropriate public
education to the child;
[(4) procedures designed to ensure that the notice
required by paragraph (3) is in the native language of
the parents, unless it clearly is not feasible to do
so;
[(5) an opportunity for mediation in accordance with
subsection (e);
[(6) an opportunity to present complaints with
respect to any matter relating to the identification,
evaluation, or educational placement of the child, or
the provision of a free appropriate public education to
such child;
[(7) procedures that require the parent of a child
with a disability, or the attorney representing the
child, to provide notice (which shall remain
confidential)--
[(A) to the State educational agency or local
educational agency, as the case may be, in the
complaint filed under paragraph (6); and
[(B) that shall include--
[(i) the name of the child, the
address of the residence of the child,
and the name of the school the child is
attending;
[(ii) a description of the nature of
the problem of the child relating to
such proposed initiation or change,
including facts relating to such
problem; and
[(iii) a proposed resolution of the
problem to the extent known and
available to the parents at the time;
and
[(8) procedures that require the State educational
agency to develop a model form to assist parents in
filing a complaint in accordance with paragraph (7).
[(c) Content of Prior Written Notice.--The notice required by
subsection (b)(3) shall include--
[(1) a description of the action proposed or refused
by the agency;
[(2) an explanation of why the agency proposes or
refuses to take the action;
[(3) a description of any other options that the
agency considered and the reasons why those options
were rejected;
[(4) a description of each evaluation procedure,
test, record, or report the agency used as a basis for
the proposed or refused action;
[(5) a description of any other factors that are
relevant to the agency's proposal or refusal;
[(6) a statement that the parents of a child with a
disability have protection under the procedural
safeguards of this part and, if this notice is not an
initial referral for evaluation, the means by which a
copy of a description of the procedural safeguards can
be obtained; and
[(7) sources for parents to contact to obtain
assistance in understanding the provisions of this
part.
[(d) Procedural Safeguards Notice.--
[(1) In general.--A copy of the procedural safeguards
available to the parents of a child with a disability
shall be given to the parents, at a minimum--
[(A) upon initial referral for evaluation;
[(B) upon each notification of an
individualized education program meeting and
upon reevaluation of the child; and
[(C) upon registration of a complaint under
subsection (b)(6).
[(2) Contents.--The procedural safeguards notice
shall include a full explanation of the procedural
safeguards, written in the native language of the
parents, unless it clearly is not feasible to do so,
and written in an easily understandable manner,
available under this section and under regulations
promulgated by the Secretary relating to--
[(A) independent educational evaluation;
[(B) prior written notice;
[(C) parental consent;
[(D) access to educational records;
[(E) opportunity to present complaints;
[(F) the child's placement during pendency of
due process proceedings;
[(G) procedures for students who are subject
to placement in an interim alternative
educational setting;
[(H) requirements for unilateral placement by
parents of children in private schools at
public expense;
[(I) mediation;
[(J) due process hearings, including
requirements for disclosure of evaluation
results and recommendations;
[(K) State-level appeals (if applicable in
that State);
[(L) civil actions; and
[(M) attorneys' fees.
[(e) Mediation.--
[(1) In general.--Any State educational agency or
local educational agency that receives assistance under
this part shall ensure that procedures are established
and implemented to allow parties to disputes involving
any matter described in subsection (b)(6) to resolve
such disputes through a mediation process which, at a
minimum, shall be available whenever a hearing is
requested under subsection (f ) or (k).
[(2) Requirements.--Such procedures shall meet the
following requirements:
[(A) The procedures shall ensure that the
mediation process--
[(i) is voluntary on the part of the
parties;
[(ii) is not used to deny or delay a
parent's right to a due process hearing
under subsection (f ), or to deny any
other rights afforded under this part;
and
[(iii) is conducted by a qualified
and impartial mediator who is trained
in effective mediation techniques.
[(B) A local educational agency or a State
agency may establish procedures to require
parents who choose not to use the mediation
process to meet, at a time and location
convenient to the parents, with a disinterested
party who is under contract with--
[(i) a parent training and
information center or community parent
resource center in the State
established under section 682 or 683;
or
[(ii) an appropriate alternative
dispute resolution entity;
to encourage the use, and explain the benefits,
of the mediation process to the parents.
[(C) The State shall maintain a list of
individuals who are qualified mediators and
knowledgeable in laws and regulations relating
to the provision of special education and
related services.
[(D) The State shall bear the cost of the
mediation process, including the costs of
meetings described in subparagraph (B).
[(E) Each session in the mediation process
shall be scheduled in a timely manner and shall
be held in a location that is convenient to the
parties to the dispute.
[(F) An agreement reached by the parties to
the dispute in the mediation process shall be
set forth in a written mediation agreement.
[(G) Discussions that occur during the
mediation process shall be confidential and may
not be used as evidence in any subsequent due
process hearings or civil proceedings and the
parties to the mediation process may be
required to sign a confidentiality pledge prior
to the commencement of such process.
[(f) Impartial Due Process Hearing.--
[(1) In general.--Whenever a complaint has been
received under subsection (b)(6) or (k) of this
section, the parents involved in such complaint shall
have an opportunity for an impartial due process
hearing, which shall be conducted by the State
educational agency or by the local educational agency,
as determined by State law or by the State educational
agency.
[(2) Disclosure of evaluations and recommendations.--
[(A) In general.--At least 5 business days
prior to a hearing conducted pursuant to
paragraph (1), each party shall disclose to all
other parties all evaluations completed by that
date and recommendations based on the offering
party's evaluations that the party intends to
use at the hearing.
[(B) Failure to disclose.--A hearing officer
may bar any party that fails to comply with
subparagraph (A) from introducing the relevant
evaluation or recommendation at the hearing
without the consent of the other party.
[(3) Limitation on conduct of hearing.--A hearing
conducted pursuant to paragraph (1) may not be
conducted by an employee of the State educational
agency or the local educational agency involved in the
education or care of the child.
[(g) Appeal.--If the hearing required by subsection (f ) is
conducted by a local educational agency, any party aggrieved by
the findings and decision rendered in such a hearing may appeal
such findings and decision to the State educational agency.
Such agency shall conduct an impartial review of such decision.
The officer conducting such review shall make an independent
decision upon completion of such review.
[(h) Safeguards.--Any party to a hearing conducted pursuant
to subsection (f ) or (k), or an appeal conducted pursuant to
subsection (g), shall be accorded--
[(1) the right to be accompanied and advised by
counsel and by individuals with special knowledge or
training with respect to the problems of children with
disabilities;
[(2) the right to present evidence and confront,
cross-examine, and compel the attendance of witnesses;
[(3) the right to a written, or, at the option of the
parents, electronic verbatim record of such hearing;
and
[(4) the right to written, or, at the option of the
parents, electronic findings of fact and decisions
(which findings and decisions shall be made available
to the public consistent with the requirements of
section 617(c) (relating to the confidentiality of
data, information, and records) and shall also be
transmitted to the advisory panel established pursuant
to section 612(a)(21)).]
(a) Establishment of Procedures.--Any State educational
agency, State agency, or local educational agency that receives
assistance under this part shall establish and maintain
procedures in accordance with this section to ensure that
children with disabilities and their parents are guaranteed
procedural safeguards with respect to the provision of free
appropriate public education by such agencies.
(b) Types of Procedures.--The procedures required by this
section shall include--
(1) an opportunity for the parents of a child with a
disability to examine all records relating to such
child and to participate in meetings with respect to
the identification, evaluation, and educational
placement of the child, and the provision of a free
appropriate public education to such child, and to
obtain as appropriate an independent educational
evaluation of the child;
(2) procedures to protect the rights of the child
whenever the parents of the child are not known, the
agency cannot, after reasonable efforts, locate the
parents, or the child is a ward of the State, including
the assignment of an individual (who shall not be an
employee of the State educational agency, the local
educational agency, or any other agency that is
involved in the education or care of the child) to act
as a surrogate for the parents;
(3) written prior notice to the parents of the child
whenever such agency--
(A) proposes to initiate or change; or
(B) refuses to initiate or change;
the identification, evaluation, or educational
placement of the child, in accordance with subsection
(c), or the provision of a free appropriate public
education to the child;
(4) procedures designed to ensure that the notice
required by paragraph (3) is in the native language of
the parents, unless it clearly is not feasible to do
so;
(5) an opportunity for mediation and voluntary
binding arbitration, in accordance with subsection (e);
(6) an opportunity to present complaints--
(A) with respect to any matter relating to
the identification, evaluation, or educational
placement of the child, or the provision of a
free appropriate public education to such
child; and
(B) which set forth a violation that occurred
not more than one year before the complaint is
filed;
(7)(A) procedures that require the parent of a child
with a disability, or the attorney representing the
child, to provide notice (which shall remain
confidential)--
(i) to the local educational agency or State
educational agency (if the State educational
agency is the direct provider of services
pursuant to section 613(g)), in the complaint
filed under paragraph (6); and
(ii) that shall include--
(I) the name of the child, the
address of the residence of the child
(or, in the case of a homeless child or
youth (within the meaning of section
725(2) of the McKinney-Vento Homeless
Assistance Act (42 U.S.C. 11434a(2)),
available contact information for the
child), and the name of the school the
child is attending;
(II) a description of the specific
issues regarding the nature of the
problem of the child relating to such
proposed initiation or change,
including facts relating to such
problem; and
(III) a proposed resolution of the
problem to the extent known and
available to the parents at the time;
(B) a requirement that a parent of a child with a
disability may not have a due process hearing until the
parent, or the attorney representing the child, files a
notice that meets the requirements of this paragraph;
and
(8) procedures that require the State educational
agency to develop a model form to assist parents in
filing a complaint in accordance with paragraph (7).
(c) Content of Prior Written Notice.--The notice required by
subsection (b)(3) shall include--
(1) a description of the action proposed or refused
by the agency;
(2) an explanation of why the agency proposes or
refuses to take the action and a description of each
evaluation procedure, test, record, or report the
agency used as a basis for the proposed or refused
action;
(3) a statement that the parents of a child with a
disability have protection under the procedural
safeguards of this part and, if this notice is not an
initial referral for evaluation, the means by which a
copy of a description of the procedural safeguards can
be obtained; and
(4) sources for parents to contact to obtain
assistance in understanding the provisions of this
part.
(d) Procedural Safeguards Notice.--
(1) In general.--A copy of the procedural safeguards
available to the parents of a child with a disability
shall be given to the parents, at a minimum--
(A) upon initial referral or parental request
for evaluation;
(B) annually, at the beginning of the school
year; and
(C) upon written request by a parent.
(2) Contents.--The procedural safeguards notice shall
include a description of the procedural safeguards,
written in the native language of the parents, unless
it clearly is not feasible to do so, and written in an
easily understandable manner, available under this
section and under regulations promulgated by the
Secretary relating to--
(A) independent educational evaluation;
(B) prior written notice;
(C) parental consent;
(D) access to educational records;
(E) opportunity to present complaints;
(F) the child's placement during pendency of
due process proceedings;
(G) procedures for students who are subject
to placement in an interim alternative
educational setting;
(H) requirements for unilateral placement by
parents of children in private schools at
public expense;
(I) mediation, early dispute resolution, and
voluntary binding arbitration;
(J) due process hearings, including
requirements for disclosure of evaluation
results and recommendations;
(K) civil actions; and
(L) attorneys' fees.
(e) Mediation and Voluntary Binding Arbitration.--
(1) Mediation.--
(A) In general.--Any State educational agency
or local educational agency that receives
assistance under this part shall ensure that
procedures are established and implemented to
allow parties to disputes involving any matter,
including matters arising prior to the filing
of a complaint pursuant to subsection (b)(6),
to resolve such disputes through a mediation
process.
(B) Requirements.--Such procedures shall meet
the following requirements:
(i) The procedures shall ensure that
the mediation process--
(I) is voluntary on the part
of the parties;
(II) is not used to deny or
delay a parent's right to a due
process hearing under
subsection (f), or to deny any
other rights afforded under
this part; and
(III) is conducted by a
qualified and impartial
mediator who is trained in
effective mediation techniques.
(ii) A local educational agency or a
State agency may establish procedures
to offer to parents who choose not to
use the mediation process, an
opportunity to meet, at a time and
location convenient to the parents,
with a disinterested party who is under
contract with--
(I) a parent training and
information center in the State
established under section 672;
or
(II) an appropriate
alternative dispute resolution
entity;
to encourage the use, and explain the
benefits, of the mediation process to
the parents.
(iii) The State shall maintain a list
of individuals who are qualified
mediators and knowledgeable in laws and
regulations relating to the provision
of special education and related
services.
(iv) The State shall bear the cost of
the mediation process, including the
costs of meetings described in clause
(ii).
(v) Each session in the mediation
process shall be scheduled in a timely
manner and shall be held in a location
that is convenient to the parties to
the dispute.
(vi) An agreement reached by the
parties to the dispute in the mediation
process shall be set forth in a written
mediation agreement.
(vii) Discussions that occur during
the mediation process shall be
confidential and may not be used as
evidence in any subsequent due process
hearings or civil proceedings and the
parties to the mediation process may be
required to sign a confidentiality
pledge prior to the commencement of
such process.
(2) Voluntary binding arbitration.--
(A) In general.--A State educational agency
that receives assistance under this part shall
ensure that procedures are established and
implemented to allow parties to disputes
involving any matter described in subsection
(b)(6) to resolve such disputes through
voluntary binding arbitration, which shall be
available when a hearing is requested under
subsection (f) or (j).
(B) Requirements.--Such procedures shall meet
the following requirements:
(i) The procedures shall ensure that
the voluntary binding arbitration
process--
(I) is voluntarily and
knowingly agreed to in writing
by the parties; and
(II) is conducted by a
qualified and impartial
arbitrator.
(ii) A local educational agency or a
State agency shall ensure that parents
who choose to use voluntary binding
arbitration understand that the process
is in lieu of a due process hearing
under subsection (f) or (j) and that
the decision made by the arbitrator is
final, unless there is fraud by a party
or the arbitrator or misconduct on the
part of the arbitrator.
(iii) The parties shall jointly agree
to use an arbitrator from a list that
the State shall maintain of individuals
who are qualified arbitrators and
knowledgeable in laws and regulations
relating to the provision of special
education and related services.
(iv) The arbitration shall be
conducted according to State law on
arbitration or, if there is no such
applicable State law, in a manner
consistent with the Revised Uniform
Arbitration Act.
(v) The voluntary binding arbitration
shall be scheduled in a timely manner
and shall be held in a location that is
convenient to the parties to the
dispute.
(f) Impartial Due Process Hearing.--
(1) In general.--
(A) Access to hearing.--Whenever a complaint
has been received under subsection (b)(6) or
(j) of this section, the parents or the local
educational agency involved in such complaint
shall have an opportunity for an impartial due
process hearing, which shall be conducted by
the State educational agency.
(B) Resolution session.--
(i) In general.--Prior to the
opportunity for an impartial due
process hearing under subparagraph (A),
the local educational agency shall
convene a meeting with the parents--
(I) within 15 days of
receiving notice of the
parents' complaint; and
(II) where the parents of the
child discuss their complaint,
and the specific issues that
form the basis of the
complaint, and the local
educational agency is provided
the opportunity to resolve the
complaint;
unless the parents and the local
educational agency agree in writing to
waive such meeting.
(ii) Due process hearing.--If the
local educational agency has not
resolved the complaint to the
satisfaction of the parents within 30
days of the receipt of the complaint,
the due process hearing shall occur in
accordance with subparagraph (A).
(iii) Definition of meeting.--A
meeting conducted pursuant to clause
(i) shall not be considered--
(I) a meeting convened as a
result of an administrative
hearing or judicial action; or
(II) an administrative
hearing or judicial action for
purposes of subsection (h)(3).
(2) Disclosure of evaluations and recommendations.--
(A) In general.--At least 5 business days
prior to a hearing conducted pursuant to
paragraph (1), each party shall disclose to all
other parties all evaluations completed by that
date and recommendations based on the offering
party's evaluations that the party intends to
use at the hearing.
(B) Failure to disclose.--A hearing officer
may bar any party that fails to comply with
subparagraph (A) from introducing the relevant
evaluation or recommendation at the hearing
without the consent of the other party.
(3) Limitation on hearing.--
(A) Hearing officer.--A hearing conducted
pursuant to paragraph (1)(A) may not be
conducted by--
(i) an employee of the State
educational agency or the local
educational agency involved in the
education or care of the child; or
(ii) any person having a personal or
professional interest that would
conflict with his or her objectivity in
the hearing.
(B) Subject matter of hearing.--The parents
of the child shall not be allowed to raise
issues at the due process hearing that were not
raised in the complaint or discussed during the
meeting conducted pursuant to subparagraph
(1)(B), unless the local educational agency
agrees otherwise.
(C) Decision of hearing officer.--A decision
made by a hearing officer must be based on a
determination of whether or not the child
received a free appropriate public education.
(g) Safeguards.--Any party to a hearing conducted pursuant to
subsection (f) or (j) shall be accorded--
(1) the right to be represented by counsel and by
non-attorney advocates and to be accompanied and
advised by individuals with special knowledge or
training with respect to the problems of children with
disabilities;
(2) the right to present evidence and confront,
cross-examine, and compel the attendance of witnesses;
(3) the right to a written, or, at the option of the
parents, electronic verbatim record of such hearing;
and
(4) the right to written, or, at the option of the
parents, electronic findings of fact and decisions
(which findings and decisions shall be made available
to the public consistent with the requirements of
section 617(d)) (relating to the confidentiality of
data, information, and records).
[(i)] (h) Administrative Procedures.--
(1) [In general.--
[(A) Decision made in hearing.--A decision
made in a hearing] In general.--A decision made
in a hearing conducted pursuant to subsection
(f ) or [(k)] (j) shall be final, except that
any party involved in such hearing may appeal
such decision under the provisions of
[subsection (g) and] paragraph (2) of this
subsection.
[(B) Decision made at appeal.--A decision
made under subsection (g) shall be final,
except that any party may bring an action under
paragraph (2) of this subsection.]
(2) Right to bring civil action.--
(A) In general.--Any party aggrieved by the
findings and decision made under [subsection (f
) or (k) who does not have the right to an
appeal under subsection (g)] subsection (f) or
(j), and any party aggrieved by the findings
and decision under this subsection, shall have
the right to bring a civil action with respect
to the complaint presented pursuant to this
section, which action may be brought in any
State court of competent jurisdiction or in a
district court of the United States without
regard to the amount in controversy.
* * * * * * *
(3) Jurisdiction of district courts; attorneys'
fees.--
(A) * * *
* * * * * * *
[(C) Determination of amount of attorneys'
fees.--Fees awarded under this paragraph shall
be based on rates prevailing in the community
in which the action or proceeding arose for the
kind and quality of services furnished. No
bonus or multiplier may be used in calculating
the fees awarded under this subsection.]
(C) Determination of amount of attorneys'
fees.--
(i) In general.--Fees awarded under
this paragraph shall be based on rates
determined by the Governor of the State
(or other appropriate State official)
in which the action or proceeding arose
for the kind and quality of services
furnished. No bonus or multiplier may
be used in calculating the fees awarded
under this subsection.
(ii) Notice.--The Governor of the
State (or other appropriate State
official) shall make available to the
public on an annual basis the rates
described in clause (i).
* * * * * * *
[(j) Maintenance of Current Educational Placement.--Except as
provided in subsection (k)(7), during the pendency of any
proceedings conducted pursuant to this section, unless the
State or local educational agency and the parents otherwise
agree, the child shall remain in the then-current educational
placement of such child, or, if applying for initial admission
to a public school, shall, with the consent of the parents, be
placed in the public school program until all such proceedings
have been completed.
[(k) Placement in Alternative Educational Setting.--
[(1) Authority of school personnel.--
[(A) School personnel under this section may
order a change in the placement of a child with
a disability--
[(i) to an appropriate interim
alternative educational setting,
another setting, or suspension, for not
more than 10 school days (to the extent
such alternatives would be applied to
children without disabilities); and
[(ii) to an appropriate interim
alternative educational setting for the
same amount of time that a child
without a disability would be subject
to discipline, but for not more than 45
days if--
[(I) the child carries or
possesses a weapon to or at
school, on school premises, or
to or at a school function
under the jurisdiction of a
State or a local educational
agency; or
[(II) the child knowingly
possesses or uses illegal drugs
or sells or solicits the sale
of a controlled substance while
at school or a school function
under the jurisdiction of a
State or local educational
agency.
[(B) Either before or not later than 10 days
after taking a disciplinary action described in
subparagraph (A)--
[(i) if the local educational agency
did not conduct a functional behavioral
assessment and implement a behavioral
intervention plan for such child before
the behavior that resulted in the
suspension described in subparagraph
(A), the agency shall convene an IEP
meeting to develop an assessment plan
to address that behavior; or
[(ii) if the child already has a
behavioral intervention plan, the IEP
Team shall review the plan and modify
it, as necessary, to address the
behavior.
[(2) Authority of hearing officer.--A hearing officer
under this section may order a change in the placement
of a child with a disability to an appropriate interim
alternative educational setting for not more than 45
days if the hearing officer--
[(A) determines that the public agency has
demonstrated by substantial evidence that
maintaining the current placement of such child
is substantially likely to result in injury to
the child or to others;
[(B) considers the appropriateness of the
child's current placement;
[(C) considers whether the public agency has
made reasonable efforts to minimize the risk of
harm in the child's current placement,
including the use of supplementary aids and
services; and
[(D) determines that the interim alternative
educational setting meets the requirements of
paragraph (3)(B).
[(3) Determination of setting.--
[(A) In general.--The alternative educational
setting described in paragraph (1)(A)(ii) shall
be determined by the IEP Team.
[(B) Additional requirements.--Any interim
alternative educational setting in which a
child is placed under paragraph (1) or (2)
shall--
[(i) be selected so as to enable the
child to continue to participate in the
general curriculum, although in another
setting, and to continue to receive
those services and modifications,
including those described in the
child's current IEP, that will enable
the child to meet the goals set out in
that IEP; and
[(ii) include services and
modifications designed to address the
behavior described in paragraph (1) or
paragraph (2) so that it does not
recur.
[(4) Manifestation determination review.--
[(A) In general.--If a disciplinary action is
contemplated as described in paragraph (1) or
paragraph (2) for a behavior of a child with a
disability described in either of those
paragraphs, or if a disciplinary action
involving a change of placement for more than
10 days is contemplated for a child with a
disability who has engaged in other behavior
that violated any rule or code of conduct of
the local educational agency that applies to
all children--
[(i) not later than the date on which
the decision to take that action is
made, the parents shall be notified of
that decision and of all procedural
safeguards accorded under this section;
and
[(ii) immediately, if possible, but
in no case later than 10 school days
after the date on which the decision to
take that action is made, a review
shall be conducted of the relationship
between the child's disability and the
behavior subject to the disciplinary
action.
[(B) Individuals to carry out review.--A
review described in subparagraph (A) shall be
conducted by the IEP Team and other qualified
personnel.
[(C) Conduct of review.--In carrying out a
review described in subparagraph (A), the IEP
Team may determine that the behavior of the
child was not a manifestation of such child's
disability only if the IEP Team--
[(i) first considers, in terms of the
behavior subject to disciplinary
action, all relevant information,
including--
[(I) evaluation and
diagnostic results, including
such results or other relevant
information supplied by the
parents of the child;
[(II) observations of the
child; and
[(III) the child's IEP and
placement; and
[(ii) then determines that--
[(I) in relationship to the
behavior subject to
disciplinary action, the
child's IEP and placement were
appropriate and the special
education services,
supplementary aids and
services, and behavior
intervention strategies were
provided consistent with the
child's IEP and placement;
[(II) the child's disability
did not impair the ability of
the child to understand the
impact and consequences of the
behavior subject to
disciplinary action; and
[(III) the child's disability
did not impair the ability of
the child to control the
behavior subject to
disciplinary action.
[(5) Determination that behavior was not
manifestation of disability.--
[(A) In general.--If the result of the review
described in paragraph (4) is a determination,
consistent with paragraph (4)(C), that the
behavior of the child with a disability was not
a manifestation of the child's disability, the
relevant disciplinary procedures applicable to
children without disabilities may be applied to
the child in the same manner in which they
would be applied to children without
disabilities, except as provided in section
612(a)(1).
[(B) Additional requirement.--If the public
agency initiates disciplinary procedures
applicable to all children, the agency shall
ensure that the special education and
disciplinary records of the child with a
disability are transmitted for consideration by
the person or persons making the final
determination regarding the disciplinary
action.
[(6) Parent appeal.--
[(A) In general.--
[(i) If the child's parent disagrees
with a determination that the child's
behavior was not a manifestation of the
child's disability or with any decision
regarding placement, the parent may
request a hearing.
[(ii) The State or local educational
agency shall arrange for an expedited
hearing in any case described in this
subsection when requested by a parent.
[(B) Review of decision.--
[(i) In reviewing a decision with
respect to the manifestation
determination, the hearing officer
shall determine whether the public
agency has demonstrated that the
child's behavior was not a
manifestation of such child's
disability consistent with the
requirements of paragraph (4)(C).
[(ii) In reviewing a decision under
paragraph (1)(A)(ii) to place the child
in an interim alternative educational
setting, the hearing officer shall
apply the standards set out in
paragraph (2).
[(7) Placement during appeals.--
[(A) In general.--When a parent requests a
hearing regarding a disciplinary action
described in paragraph (1)(A)(ii) or paragraph
(2) to challenge the interim alternative
educational setting or the manifestation
determination, the child shall remain in the
interim alternative educational setting pending
the decision of the hearing officer or until
the expiration of the time period provided for
in paragraph (1)(A)(ii) or paragraph (2),
whichever occurs first, unless the parent and
the State or local educational agency agree
otherwise.
[(B) Current placement.--If a child is placed
in an interim alternative educational setting
pursuant to paragraph (1)(A)(ii) or paragraph
(2) and school personnel propose to change the
child's placement after expiration of the
interim alternative placement, during the
pendency of any proceeding to challenge the
proposed change in placement, the child shall
remain in the current placement (the child's
placement prior to the interim alternative
educational setting), except as provided in
subparagraph (C).
[(C) Expedited hearing.--
[(i) If school personnel maintain
that it is dangerous for the child to
be in the current placement (placement
prior to removal to the interim
alternative education setting) during
the pendency of the due process
proceedings, the local educational
agency may request an expedited
hearing.
[(ii) In determining whether the
child may be placed in the alternative
educational setting or in another
appropriate placement ordered by the
hearing officer, the hearing officer
shall apply the standards set out in
paragraph (2).
[(8) Protections for children not yet eligible for
special education and related services.--
[(A) In general.--A child who has not been
determined to be eligible for special education
and related services under this part and who
has engaged in behavior that violated any rule
or code of conduct of the local educational
agency, including any behavior described in
paragraph (1), may assert any of the
protections provided for in this part if the
local educational agency had knowledge (as
determined in accordance with this paragraph)
that the child was a child with a disability
before the behavior that precipitated the
disciplinary action occurred.
[(B) Basis of knowledge.--A local educational
agency shall be deemed to have knowledge that a
child is a child with a disability if--
[(i) the parent of the child has
expressed concern in writing (unless
the parent is illiterate or has a
disability that prevents compliance
with the requirements contained in this
clause) to personnel of the appropriate
educational agency that the child is in
need of special education and related
services;
[(ii) the behavior or performance of
the child demonstrates the need for
such services;
[(iii) the parent of the child has
requested an evaluation of the child
pursuant to section 614; or
[(iv) the teacher of the child, or
other personnel of the local
educational agency, has expressed
concern about the behavior or
performance of the child to the
director of special education of such
agency or to other personnel of the
agency.
[(C) Conditions that apply if no basis of
knowledge.--
[(i) In general.--If a local
educational agency does not have
knowledge that a child is a child with
a disability (in accordance with
subparagraph (B)) prior to taking
disciplinary measures against the
child, the child may be subjected to
the same disciplinary measures as
measures applied to children without
disabilities who engaged in comparable
behaviors consistent with clause (ii).
[(ii) Limitations.--If a request is
made for an evaluation of a child
during the time period in which the
child is subjected to disciplinary
measures under paragraph (1) or (2),
the evaluation shall be conducted in an
expedited manner. If the child is
determined to be a child with a
disability, taking into consideration
information from the evaluation
conducted by the agency and information
provided by the parents, the agency
shall provide special education and
related services in accordance with the
provisions of this part, except that,
pending the results of the evaluation,
the child shall remain in the
educational placement determined by
school authorities.
[(9) Referral to and action by law enforcement and
judicial authorities.--
[(A) Nothing in this part shall be construed
to prohibit an agency from reporting a crime
committed by a child with a disability to
appropriate authorities or to prevent State law
enforcement and judicial authorities from
exercising their responsibilities with regard
to the application of Federal and State law to
crimes committed by a child with a disability.
[(B) An agency reporting a crime committed by
a child with a disability shall ensure that
copies of the special education and
disciplinary records of the child are
transmitted for consideration by the
appropriate authorities to whom it reports the
crime.
[(10) Definitions.--For purposes of this subsection,
the following definitions apply:
[(A) Controlled substance.--The term
``controlled substance'' means a drug or other
substance identified under schedules I, II,
III, IV, or V in section 202(c) of the
Controlled Substances Act (21 U.S.C. 812(c)).
[(B) Illegal drug.--The term ``illegal drug
''--
[(i) means a controlled substance;
but
[(ii) does not include such a
substance that is legally possessed or
used under the supervision of a
licensed health-care professional or
that is legally possessed or used under
any other authority under that Act or
under any other provision of Federal
law.
[(C) Substantial evidence.--The term
``substantial evidence'' means beyond a
preponderance of the evidence.
[(D) Weapon.--The term ``weapon'' has the
meaning given the term ``dangerous weapon''
under paragraph (2) of the first subsection (g)
of section 930 of title 18, United States
Code.]
(i) Maintenance of Current Educational Placement.--Except as
provided in subsection (j)(4), during the pendency of any
proceedings conducted pursuant to this section, unless the
State or local educational agency and the parents otherwise
agree, the child shall remain in the then-current educational
placement of such child, or, if applying for initial admission
to a public school, shall, with the consent of the parents, be
placed in the public school program until all such proceedings
have been completed.
(j) Placement in Alternative Educational Setting.--
(1) Authority of school personnel.--
(A) In general.--School personnel under this
section may order a change in the placement of
a child with a disability who violates a code
of student conduct policy to an appropriate
interim alternative educational setting,
another setting, or suspension, for not more
than 10 school days (to the extent such
alternatives would be applied to children
without disabilities).
(B) Additional authority.--Subject to
subparagraph (C), and notwithstanding any other
provision of this Act, school personnel under
this section may order a change in the
placement of a child with a disability who
violates a code of student conduct policy to an
appropriate interim alternative educational
setting selected so as to enable the child to
continue to participate in the general
education curriculum, although in another
setting, and to progress toward meeting the
goals set out in the child's IEP, for not more
than 45 school days (to the extent such
alternative and such duration would be applied
to children without disabilities, and which may
include consideration of unique circumstances
on a case-by-case basis), except that the
change in placement may last beyond 45 school
days if required by State law or regulation for
the violation in question, to ensure the safety
and appropriate educational atmosphere in the
schools under the jurisdiction of the local
educational agency.
(C) Services.--A child with a disability who
is removed from the child's current placement
under subparagraph (B) shall--
(i) continue to receive educational
services selected so as to enable the
child to continue to participate in the
general education curriculum, although
in another setting, and to progress
toward meeting the goals set out in the
child's IEP; and
(ii) continue to receive behavioral
intervention services designed to
address the behavior violation so that
it does not recur.
(2) Determination of setting.--The alternative
educational setting described in paragraph (1)(B) shall
be determined by the IEP Team.
(3) Parent appeal.--
(A) In general.--If the parent of a child
with a disability disagrees with any decision
regarding placement or punishment under this
section, the parent may request a hearing.
(B) Authority of hearing officer.--If a
parent of a child with a disability disagrees
with a decision regarding placement of the
child or punishment of the child under this
section, including duration of the punishment,
the hearing officer may determine whether the
decision regarding such action was appropriate.
(4) Placement during appeals.--When a parent requests
a hearing regarding a disciplinary action described in
paragraph (1)(B) to challenge the interim alternative
educational setting or the violation of the code of
student conduct policy, the child shall remain in the
interim alternative educational setting pending the
decision of the hearing officer or until the expiration
of the time period provided for in paragraph (1)(B),
whichever occurs first, unless the parent and the State
or local educational agency agree otherwise.
(5) Protections for children not yet eligible for
special education and related services.--
(A) In general.--A child who has not been
determined to be eligible for special education
and related services under this part and who
has engaged in behavior that violates a code of
student conduct policy, may assert any of the
protections provided for in this part if the
local educational agency had knowledge (as
determined in accordance with this paragraph)
that the child was a child with a disability
before the behavior that precipitated the
disciplinary action occurred.
(B) Basis of knowledge.--A local educational
agency shall be deemed to have knowledge that a
child is a child with a disability if, before
the behavior that precipitated the disciplinary
action occurred--
(i) the parent of the child has
expressed concern in writing (unless
the parent is illiterate or has a
disability that prevents compliance
with the requirements contained in this
clause) to personnel of the appropriate
educational agency that the child is in
need of special education and related
services;
(ii) the parent of the child has
requested an evaluation of the child
pursuant to section 614; or
(iii) the teacher of the child, or
other personnel of the local
educational agency, has expressed
concern in writing about the behavior
or performance of the child to the
director of special education of such
agency or to other personnel of the
agency.
(C) Conditions that apply if no basis of
knowledge.--
(i) In general.--If a local
educational agency does not have
knowledge that a child is a child with
a disability (in accordance with
subparagraph (B)) prior to taking
disciplinary measures against the
child, the child may be subjected to
disciplinary measures applied to
children without disabilities who
engaged in comparable behaviors
consistent with clause (ii).
(ii) Limitations.--If a request is
made for an evaluation of a child
during the time period in which the
child is subjected to disciplinary
measures under paragraph (1) or (2),
the evaluation shall be conducted in an
expedited manner. If the child is
determined to be a child with a
disability, taking into consideration
information from the evaluation
conducted by the agency and information
provided by the parents, the agency
shall provide special education and
related services in accordance with
this part, except that, pending the
results of the evaluation, the child
shall remain in the educational
placement determined by school
authorities.
(6) Referral to and action by law enforcement and
judicial authorities.--
(A) In general.--Nothing in this part shall
be construed to prohibit an agency from
reporting a crime committed by a child with a
disability to appropriate authorities or to
prevent State law enforcement and judicial
authorities from exercising their
responsibilities with regard to the application
of Federal and State law to crimes committed by
a child with a disability.
(B) Transmission of records.--An agency
reporting a crime committed by a child with a
disability shall ensure that copies of the
special education and disciplinary records of
the child are transmitted for consideration by
the appropriate authorities to whom it reports
the crime.
[(l)] (k) Rule of Construction.--Nothing in this title shall
be construed to restrict or limit the rights, procedures, and
remedies available under the Constitution, the Americans with
Disabilities Act of 1990, title V of the Rehabilitation Act of
1973, or other Federal laws protecting the rights of children
with disabilities, except that before the filing of a civil
action under such laws seeking relief that is also available
under this part, the procedures under subsections (f ) and (g)
shall be exhausted to the same extent as would be required had
the action been brought under this part.
[(m) Transfer of Parental Rights at Age of Majority.--
[(1) In general.--A State that receives amounts from
a grant under this part may provide that, when a child
with a disability reaches the age of majority under
State law (except for a child with a disability who has
been determined to be incompetent under State law)--
[(A) the public agency shall provide any
notice required by this section to both the
individual and the parents;
[(B) all other rights accorded to parents
under this part transfer to the child;
[(C) the agency shall notify the individual
and the parents of the transfer of rights; and
[(D) all rights accorded to parents under
this part transfer to children who are
incarcerated in an adult or juvenile Federal,
State, or local correctional institution.
[(2) Special rule.--If, under State law, a child with
a disability who has reached the age of majority under
State law, who has not been determined to be
incompetent, but who is determined not to have the
ability to provide informed consent with respect to the
educational program of the child, the State shall
establish procedures for appointing the parent of the
child, or if the parent is not available, another
appropriate individual, to represent the educational
interests of the child throughout the period of
eligibility of the child under this part.]
(l) Transfer of Parental Rights at Age of Majority.--
(1) In general.--A State that receives amounts from a
grant under this part may provide that, when a child
with a disability reaches the age of majority under
State law (except for a child with a disability who has
been determined to be incompetent under State law)--
(A) the public agency shall provide any
notice required by this section to both the
individual and the parents;
(B) all other rights accorded to parents
under this part transfer to the child;
(C) the agency shall notify the individual
and the parents of the transfer of rights; and
(D) all rights accorded to parents under this
part transfer to children who are incarcerated
in an adult or juvenile Federal, State, or
local correctional institution.
(2) Special rule.--If, under State law, a child with
a disability who has reached the age of majority under
State law, who has not been determined to be
incompetent, but who is determined not to have the
ability to provide informed consent with respect to the
educational program of the child, the State shall
establish procedures for appointing the parent of the
child, or if the parent is not available, another
appropriate individual, to represent the educational
interests of the child throughout the period of
eligibility of the child under this part.
* * * * * * *
[SEC. 616. WITHHOLDING AND JUDICIAL REVIEW.]
SEC. 616. MONITORING, ENFORCEMENT, WITHHOLDING, AND JUDICIAL REVIEW.
(a) Federal Monitoring.--
(1) In general.--The Secretary shall monitor
implementation of this Act.
(2) Focused monitoring.--The primary focus of Federal
monitoring activities shall be to improve educational
results for all children with disabilities, while
ensuring compliance with program requirements, with a
particular emphasis on those requirements that are most
closely related to improving educational results for
children with disabilities.
(b) Indicators.--
(1) Required indicators.--The Secretary shall examine
relevant information and data related to States'
progress on improving educational results for children
with disabilities by reviewing--
(A) achievement results of children with
disabilities on State or district assessments,
including children with disabilities taking
State or district assessments with appropriate
accommodations;
(B) achievement results of children with
disabilities on State or district alternate
assessments;
(C) graduation rates of children with
disabilities and graduation rates of children
with disabilities as compared to graduation
rates of nondisabled children; and
(D) dropout rates for children with
disabilities and dropout rates of children with
disabilities as compared to dropout rates of
nondisabled children.
(2) Permissive indicators.--The Secretary also may
establish other priorities for review of relevant
information and data, including data provided by States
under section 618, and also including the following:
(A) Priorities for this part.--The Secretary
may give priority to monitoring on the
following areas under this part:
(i) Provision of educational services
in the least restrictive environment,
including--
(I) education of children
with disabilities with
nondisabled peers to the
maximum extent appropriate;
(II) provision of appropriate
special education and related
services;
(III) access to the general
curriculum with appropriate
accommodations;
(IV) provision of appropriate
services to students whose
behavior impedes learning; and
(V) participation and
performance of children with
disabilities on State and local
assessments, including
alternate assessments.
(ii) Secondary transition, including
the extent to which youth exiting
special education are prepared for
post-secondary education, employment,
and adult life, and are participants in
appropriate transition planning while
in school.
(iii) State exercise of general
supervisory authority, including
effective monitoring and use of
complaint resolution, mediation, and
voluntary binding arbitration.
(B) Priorities for part c.--The Secretary may
give priority to monitoring on the following
areas under part C:
(i) Child find and public awareness
to support the identification,
evaluation and assessment of all
eligible infants and toddlers,
including the provision of culturally
relevant materials to inform and
promote referral.
(ii) Provision of early intervention
services in natural environments,
evaluation and assessment to identify
child needs and family needs related to
enhancing the development of the child,
and provision of appropriate early
intervention services in natural
environments to meet the needs of
individual children.
(iii) Effective early childhood
transition to services under this part.
(iv) State exercise of general
supervisory authority, including--
(I) effective monitoring and
use of other mechanisms such as
complaint resolution;
(II) implementation of
mediation and voluntary binding
arbitration; and
(III) coordination of parent
and child protections.
(3) Data collection and analysis.--The Secretary
shall review the data collection and analysis capacity
of States to ensure that data and information is
collected, analyzed, and accurately reported to the
Secretary. The Secretary may provide technical
assistance to improve the capacity of States to meet
data requirements.
(c) Additional Priorities.--
(1) In general.--The Secretary may develop additional
priorities for monitoring the effective implementation
of this Act.
(2) Public comment.--The Secretary shall provide a
public comment period of at least 30 days on any
additional priority proposed under this part or part C.
(3) Date of enforcement.--The Secretary may not begin
to enforce a new priority until one year from the date
of publication of the priority in the Federal Register
as a final rule.
(d) Compliance.--
(1) In general.--The Secretary shall review State
data to determine whether the State is in compliance
with the provisions of this Act.
(2) Lack of progress.--If after examining data, as
provided in section (b) or (c), the Secretary
determines that a State is not making satisfactory
progress in improving educational results for children
with disabilities, the Secretary shall take one or more
of the following actions:
(A) Advise the State of available sources of
technical assistance that may help the State
address the lack of progress, which may include
assistance from the Office of Special Education
Programs, other offices of the Department of
Education, other Federal agencies, technical
assistance providers approved by the Secretary,
and other federally funded nonprofit agencies.
Such technical assistance may include--
(i) the provision of advice by
experts to address the areas of
noncompliance, including explicit plans
for ensuring compliance within a
specified period of time;
(ii) assistance in identifying and
implementing professional development,
instructional strategies, and methods
of instruction that are based on
scientifically based research;
(iii) designating and using
distinguished superintendents,
principals, special education
administrators, regular education
teachers, and special education
teachers to provide advice, technical
assistance, and support; and
(iv) devising additional approaches
to providing technical assistance, such
as collaborating with institutions of
higher education, educational service
agencies, national centers of technical
assistance supported under part D, and
private providers of scientifically
based technical assistance.
(B) Direct the use of State level funds for
technical assistance on the area or areas of
unsatisfactory performance.
(C) Each year withhold at least 20 but no
more than 50 percent of the State's funds under
section 611(e), after providing the State the
opportunity to show cause why the withholding
should not occur, until the Secretary
determines that sufficient progress has been
made in improving educational results for
children with disabilities.
(3) Substantial non-compliance.--
(A) Initial determination.--When the
Secretary determines that a State is not in
substantial compliance with any provision of
this part, the Secretary shall take one or more
of the following actions:
(i) Request that the State prepare a
corrective action plan or improvement
plan if the Secretary determines that
the State should be able to correct the
problem within one year.
(ii) Identify the State as a high-
risk grantee and impose special
conditions on the State's grant.
(iii) Require the State to enter into
a compliance agreement under section
457 of the General Education Provisions
Act, if the Secretary has reason to
believe that the State cannot correct
the problem within one year.
(iv) Recovery of funds under section
452 of the General Education Provisions
Act.
(v)(I) Withholding of payments under
subsection (e).
(II) Pending the outcome of any
hearing to withhold payments under
subsection (e), the Secretary may
suspend payments to a recipient,
suspend the authority of the recipient
to obligate Federal funds, or both,
after such recipient has been given
reasonable notice and an opportunity to
show cause why future payments or
authority to obligate Federal funds
should not be suspended.
(B) Continued non-compliance.--
(i) Secretarial action.--If the
Secretary has imposed special
conditions on a grant under
subparagraph (A)(ii) for substantially
the same compliance problems for three
consecutive years, and at the end of
the third year the State has not
demonstrated that the violation has
been corrected to the satisfaction of
the Secretary, the Secretary shall take
such additional enforcement actions as
the Secretary determines to be
appropriate from among those actions
specified in clauses (iii) through (v)
of subparagraph (A).
(ii) Report to Congress.--The
Secretary shall report to Congress
within 30 days of taking enforcement
action pursuant to this paragraph on
the specific action taken and the
reasons why enforcement action was
taken.
[(a)] (e) Withholding of Payments.--
(1) * * *
* * * * * * *
[(b)] (f) Judicial Review.--
(1) * * *
* * * * * * *
[(c)] (g) Divided State Agency Responsibility.--For purposes
of this section, where responsibility for ensuring that the
requirements of this part are met with respect to children with
disabilities who are convicted as adults under State law and
incarcerated in adult prisons is assigned to a public agency
other than the State educational agency pursuant to section
612(a)(11)(C), the Secretary, in instances where the Secretary
finds that the failure to comply substantially with the
provisions of this part are related to a failure by the public
agency, shall take appropriate corrective action to ensure
compliance with this part, except--
(1) * * *
* * * * * * *
[SEC. 617. ADMINISTRATION.
[(a) Responsibilities of Secretary.--In carrying out this
part, the Secretary shall--
[(1) cooperate with, and (directly or by grant or
contract) furnish technical assistance necessary to,
the State in matters relating to--
[(A) the education of children with
disabilities; and
[(B) carrying out this part; and
[(2) provide short-term training programs and
institutes.
[(b) Rules and Regulations.--In carrying out the provisions
of this part, the Secretary shall issue regulations under this
Act only to the extent that such regulations are necessary to
ensure that there is compliance with the specific requirements
of this Act.
[(c) Confidentiality.--The Secretary shall take appropriate
action, in accordance with the provisions of section 444 of the
General Education Provisions Act (20 U.S.C. 1232g), to assure
the protection of the confidentiality of any personally
identifiable data, information, and records collected or
maintained by the Secretary and by State and local educational
agencies pursuant to the provisions of this part.
[(d) Personnel.--The Secretary is authorized to hire
qualified personnel necessary to carry out the Secretary's
duties under subsection (a) and under sections 618, 661, and
673 (or their predecessor authorities through October 1, 1997)
without regard to the provisions of title 5, United States
Code, 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 twenty such personnel shall
be employed at any time.
[SEC. 618. PROGRAM INFORMATION.
[(a) In General.--Each State that receives assistance under
this part, and the Secretary of the Interior, shall provide
data each year to the Secretary--
[(1)(A) on--
[(i) the number of children with
disabilities, by race, ethnicity, and
disability category, who are receiving a free
appropriate public education;
[(ii) the number of children with
disabilities, by race and ethnicity, who are
receiving early intervention services;
[(iii) the number of children with
disabilities, by race, ethnicity, and
disability category, who are participating in
regular education;
[(iv) the number of children with
disabilities, by race, ethnicity, and
disability category, who are in separate
classes, separate schools or facilities, or
public or private residential facilities;
[(v) the number of children with
disabilities, by race, ethnicity, and
disability category, who, for each year of age
from age 14 to 21, stopped receiving special
education and related services because of
program completion or other reasons and the
reasons why those children stopped receiving
special education and related services;
[(vi) the number of children with
disabilities, by race and ethnicity, who, from
birth through age 2, stopped receiving early
intervention services because of program
completion or for other reasons; and
[(vii)(I) the number of children with
disabilities, by race, ethnicity, and
disability category, who under subparagraphs
(A)(ii) and (B) of section 615(k)(1), are
removed to an interim alternative educational
setting;
[(II) the acts or items precipitating those
removals; and
[(III) the number of children with
disabilities who are subject to long-term
suspensions or expulsions; and
[(B) on the number of infants and toddlers, by race
and ethnicity, who are at risk of having substantial
developmental delays (as described in section 632), and
who are receiving early intervention services under
part C; and
[(2) on any other information that may be required by
the Secretary.
[(b) Sampling.--The Secretary may permit States and the
Secretary of the Interior to obtain the data described in
subsection (a) through sampling.
[(c) Disproportionality.--
[(1) In general.--Each State that receives assistance
under this part, and the Secretary of the Interior,
shall provide for the collection and examination of
data to determine if significant disproportionality
based on race is occurring in the State with respect
to--
[(A) the identification of children as
children with disabilities, including the
identification of children as children with
disabilities in accordance with a particular
impairment described in section 602(3); and
[(B) the placement in particular educational
settings of such children.
[(2) Review and revision of policies, practices, and
procedures.--In the case of a determination of
significant disproportionality with respect to the
identification of children as children with
disabilities, or the placement in particular
educational settings of such children, in accordance
with paragraph (1), the State or the Secretary of the
Interior, as the case may be, shall provide for the
review and, if appropriate, revision of the policies,
procedures, and practices used in such identification
or placement to ensure that such policies, procedures,
and practices comply with the requirements of this Act.
[SEC. 619. PRESCHOOL GRANTS.
[(a) In General.--The Secretary shall provide grants under
this section to assist States to provide special education and
related services, in accordance with this part--
[(1) to children with disabilities aged 3 through 5,
inclusive; and
[(2) at the State's discretion, to 2-year-old
children with disabilities who will turn 3 during the
school year.
[(b) Eligibility.--A State shall be eligible for a grant
under this section if such State--
[(1) is eligible under section 612 to receive a grant
under this part; and
[(2) makes a free appropriate public education
available to all children with disabilities, aged 3
through 5, residing in the State.
[(c) Allocations to States.--
[(1) In general.--After reserving funds for studies
and evaluations under section 674(e), the Secretary
shall allocate the remaining amount among the States in
accordance with paragraph (2) or (3), as the case may
be.
[(2) Increase in funds.--If the amount available for
allocations to States under paragraph (1) is equal to
or greater than the amount allocated to the States
under this section for the preceding fiscal year, those
allocations shall be calculated as follows:
[(A)(i) Except as provided in subparagraph
(B), the Secretary shall--
[(I) allocate to each State the
amount it received for fiscal year
1997;
[(II) allocate 85 percent of any
remaining funds to States on the basis
of their relative populations of
children aged 3 through 5; and
[(III) allocate 15 percent of those
remaining funds to States on the basis
of their relative populations of all
children aged 3 through 5 who are
living in poverty.
[(ii) For the purpose of making grants under
this paragraph, the Secretary shall use the
most recent population data, including data on
children living in poverty, that are available
and satisfactory to the Secretary.
[(B) Notwithstanding subparagraph (A),
allocations under this paragraph shall be
subject to the following:
[(i) No State's allocation shall be
less than its allocation for the
preceding fiscal year.
[(ii) No State's allocation shall be
less than the greatest of--
[(I) the sum of--
[(aa) the amount it
received for fiscal
year 1997; and
[(bb) one third of
one percent of the
amount by which the
amount appropriated
under subsection (j)
exceeds the amount
appropriated under this
section for fiscal year
1997;
[(II) the sum of--
[(aa) the amount it
received for the
preceding fiscal year;
and
[(bb) that amount
multiplied by the
percentage by which the
increase in the funds
appropriated from the
preceding fiscal year
exceeds 1.5 percent; or
[(III) the sum of--
[(aa) the amount it
received for the
preceding fiscal year;
and
[(bb) that amount
multiplied by 90
percent of the
percentage increase in
the amount appropriated
from the preceding
fiscal year.
[(iii) Notwithstanding clause (ii),
no State's allocation under this
paragraph shall exceed the sum of--
[(I) the amount it received
for the preceding fiscal year;
and
[(II) that amount multiplied
by the sum of 1.5 percent and
the percentage increase in the
amount appropriated.
[(C) If the amount available for allocations
under this paragraph is insufficient to pay
those allocations in full, those allocations
shall be ratably reduced, subject to
subparagraph (B)(i).
[(3) Decrease in funds.--If the amount available for
allocations to States under paragraph (1) is less than
the amount allocated to the States under this section
for the preceding fiscal year, those allocations shall
be calculated as follows:
[(A) If the amount available for allocations
is greater than the amount allocated to the
States for fiscal year 1997, each State shall
be allocated the sum of--
[(i) the amount it received for
fiscal year 1997; and
[(ii) an amount that bears the same
relation to any remaining funds as the
increase the State received for the
preceding fiscal year over fiscal year
1997 bears to the total of all such
increases for all States.
[(B) If the amount available for allocations
is equal to or less than the amount allocated
to the States for fiscal year 1997, each State
shall be allocated the amount it received for
that year, ratably reduced, if necessary.
[(4) Outlying areas.--The Secretary shall increase
the fiscal year 1998 allotment of each outlying area
under section 611 by at least the amount that that area
received under this section for fiscal year 1997.
[(d) Reservation for State Activities.--
[(1) In general.--Each State may retain not more than
the amount described in paragraph (2) for
administration and other State-level activities in
accordance with subsections (e) and (f ).
[(2) Amount described.--For each fiscal year, the
Secretary shall determine and report to the State
educational agency an amount that is 25 percent of the
amount the State received under this section for fiscal
year 1997, cumulatively adjusted by the Secretary for
each succeeding fiscal year by the lesser of--
[(A) the percentage increase, if any, from
the preceding fiscal year in the State's
allocation under this section; or
[(B) the percentage increase, if any, from
the preceding fiscal year in the Consumer Price
Index For All Urban Consumers published by the
Bureau of Labor Statistics of the Department of
Labor.
[(e) State Administration.--
[(1) In general.--For the purpose of administering
this section (including the coordination of activities
under this part with, and providing technical
assistance to, other programs that provide services to
children with disabilities) a State may use not more
than 20 percent of the maximum amount it may retain
under subsection (d) for any fiscal year.
[(2) Administration of part c.--Funds described in
paragraph (1) may also be used for the administration
of part C of this Act, if the State educational agency
is the lead agency for the State under that part.
[(f) Other State-Level Activities.--Each State shall use any
funds it retains under subsection (d) and does not use for
administration under subsection (e)--
[(1) for support services (including establishing and
implementing the mediation process required by section
615(e)), which may benefit children with disabilities
younger than 3 or older than 5 as long as those
services also benefit children with disabilities aged 3
through 5;
[(2) for direct services for children eligible for
services under this section;
[(3) to develop a State improvement plan under
subpart 1 of part D;
[(4) for activities at the State and local levels to
meet the performance goals established by the State
under section 612(a)(16) and to support implementation
of the State improvement plan under subpart 1 of part D
if the State receives funds under that subpart; or
[(5) to supplement other funds used to develop and
implement a Statewide coordinated services system
designed to improve results for children and families,
including children with disabilities and their
families, but not to exceed one percent of the amount
received by the State under this section for a fiscal
year.
[(g) Subgrants to Local Educational Agencies.--
[(1) Subgrants required.--Each State that receives a
grant under this section for any fiscal year shall
distribute any of the grant funds that it does not
reserve under subsection (d) to local educational
agencies in the State that have established their
eligibility under section 613, as follows:
[(A) Base payments.--The State shall first
award each agency described in paragraph (1)
the amount that agency would have received
under this section for fiscal year 1997 if the
State had distributed 75 percent of its grant
for that year under section 619(c)(3), as then
in effect.
[(B) Allocation of remaining funds.--After
making allocations under subparagraph (A), the
State shall--
[(i) allocate 85 percent of any
remaining funds to those agencies on
the basis of the relative numbers of
children enrolled in public and private
elementary and secondary schools within
the agency's jurisdiction; and
[(ii) allocate 15 percent of those
remaining funds to those agencies in
accordance with their relative numbers
of children living in poverty, as
determined by the State educational
agency.
[(2) Reallocation of funds.--If a State
educational agency determines that a local
educational agency is adequately providing a
free appropriate public education to all
children with disabilities aged 3 through 5
residing in the area served by that agency with
State and local funds, the State educational
agency may reallocate any portion of the funds
under this section that are not needed by that
local agency to provide a free appropriate
public education to other local educational
agencies in the State that are not adequately
providing special education and related
services to all children with disabilities aged
3 through 5 residing in the areas they serve.
[(h) Part C Inapplicable.--Part C of this Act does not apply
to any child with a disability receiving a free appropriate
public education, in accordance with this part, with funds
received under this section.
[(i) Definition.--For the purpose of this section, the term
``State'' means each of the 50 States, the District of
Columbia, and the Commonwealth of Puerto Rico.
[(j) Authorization of Appropriations.--For the purpose of
carrying out this section, there are authorized to be
appropriated to the Secretary $500,000,000 for fiscal year 1998
and such sums as may be necessary for each subsequent fiscal
year.]
SEC. 617. ADMINISTRATION.
(a) Responsibilities of Secretary.--In carrying out this
part, the Secretary shall--
(1) cooperate with, and (directly or by grant or
contract) furnish technical assistance necessary to,
the State in matters relating to--
(A) the education of children with
disabilities; and
(B) carrying out this part; and
(2) provide short-term training programs and
institutes.
(b) Prohibition Against Federal Mandates, Direction, or
Control.--Nothing in this Act may 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, curriculum, or program
of instruction.
(c) Confidentiality.--The Secretary shall take appropriate
action, in accordance with section 444 of the General Education
Provisions Act (20 U.S.C. 1232g), to ensure the protection of
the confidentiality of any personally identifiable data,
information, and records collected or maintained by the
Secretary and by State and local educational agencies pursuant
to this part.
(d) Personnel.--The Secretary is authorized to hire qualified
personnel necessary to carry out the Secretary's duties under
subsection (a) and under sections 618 and 661 without regard to
the provisions of title 5, United States Code, 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 twenty such personnel shall be
employed at any time.
(e) Pilot Program.--The Secretary is authorized to grant
waivers of paperwork requirements under this part for a period
of time not to exceed 4 years with respect to not more than 10
States based on proposals submitted by States for addressing
reduction of paperwork and non-instructional time spent
fulfilling statutory and regulatory requirements.
(f) Report.--The Secretary shall include in the annual report
to Congress under section 426 of the Department of Education
Organization Act information related to the effectiveness of
waivers granted under subsection (e)--
(1) in reducing the paperwork burden on teachers,
administrators, and related services providers and non-
instructional time spent by teachers in complying with
this part, including any specific recommendations for
broader implementation; and
(2) in enhancing longer-term educational planning,
improving positive outcomes for children with
disabilities, promoting collaboration between IEP Team
members, and ensuring satisfaction of family members,
including any specific recommendations for broader
implementation.
(g) Model Forms.--Not later than the date on which the
Secretary publishes final regulations to implement this part
(as amended by the Improving Education Results for Children
With Disabilities Act of 2003), the Secretary shall publish and
disseminate widely to States, local educational agencies, and
parent training and information centers--
(1) a model individualized education program form;
(2) a model form for the procedural safeguards notice
described in section 615(d); and
(3) a model form for the prior written notice
described in section 615(b)(3);
that would be consistent with the requirements of this part and
be deemed to be sufficient to meet such requirements.
SEC. 618. PROGRAM INFORMATION.
(a) In General.--Each State and local educational agency that
receives assistance under this part, and the Secretary of the
Interior, shall provide data each year to the Secretary--
(1)(A) on--
(i) the number and percentage of children
with disabilities, by race, ethnicity, and
disability category, who are receiving a free
appropriate public education;
(ii) the number and percentage of children
with disabilities, by race and ethnicity, who
are receiving early intervention services;
(iii) the number and percentage of children
with disabilities, by race, ethnicity, and
disability category, who are participating in
regular education;
(iv) the number and percentage of children
with disabilities, by race, ethnicity, and
disability category, who are in separate
classes, separate schools or facilities, or
public or private residential facilities;
(v) the number and percentage of children
with disabilities, by race and ethnicity, and
disability category who begin secondary school
and graduate with a regular high school
diploma, through the age of 21;
(vi) the number and percentage of children
with disabilities, by race, ethnicity, and
disability category, who, for each year of age
from age 14 to 21, stopped receiving special
education and related services because of
program completion or other reasons and the
reasons why those children stopped receiving
special education and related services;
(vii) the number and percentage of children
with disabilities, by race and ethnicity, who,
from birth through age 2, stopped receiving
early intervention services because of program
completion or for other reasons;
(viii)(I) the number and percentage of
children with disabilities, by race, ethnicity,
and disability category, who under subparagraph
(A) or (B) of section 615(j)(1), are removed to
an interim alternative educational setting;
(II) the acts or items precipitating those
removals;
(III) the number of children with
disabilities, by race, ethnicity, and
disability category, who are subject to long-
term suspensions or expulsions; and
(IV) the incidence, duration, and type of
disciplinary actions, by race and ethnicity,
including suspension and expulsions;
(ix) the number of complaints resolved
through voluntary binding arbitration; and
(x) the number of mediations held and the
number of settlement agreements reached through
mediation;
(B) on the number and percentage of infants and
toddlers, by race and ethnicity, who are at risk of
having substantial developmental delays (as defined in
section 632), and who are receiving early intervention
services under part C; and
(C) on the number of children served with funds under
section 613(f); and
(2) on any other information that may be required by
the Secretary.
(b) Sampling.--The Secretary may permit States and the
Secretary of the Interior to obtain the data described in
subsection (a) through sampling.
(c) Disproportionality.--
(1) In general.--Each State that receives assistance
under this part, and the Secretary of the Interior,
shall provide for the collection and examination of
data to determine if significant disproportionality
based on race and ethnicity is occurring in the State
and the local educational agencies of the State with
respect to--
(A) the identification of children as
children with disabilities, including the
identification of children as children with
disabilities in accordance with a particular
impairment described in section 602(3);
(B) the placement in particular educational
settings of such children; and
(C) the incidence, duration, and type of
disciplinary actions, including suspensions and
expulsions.
(2) Review and revision of policies, practices, and
procedures.--In the case of a determination of
significant disproportionality with respect to the
identification of children as children with
disabilities, or the placement in particular
educational settings of such children, in accordance
with paragraph (1), the State or the Secretary of the
Interior, as the case may be--
(A) shall provide for the review and, if
appropriate, revision of the policies,
procedures, and practices used in such
identification or placement to ensure that such
policies, procedures, and practices comply with
the requirements of this Act;
(B) shall require any local educational
agency identified under paragraph (1) to
reserve the maximum amount of funds under
section 613(f) to provide comprehensive
coordinated prereferral support services to
serve children in the local educational agency,
particularly children in those groups that were
significantly overidentified under paragraph
(1); and
(C) shall require the local educational
agency to publicly report on the revision of
policies, practices, and procedures described
under subparagraph (A).
SEC. 619. PRESCHOOL GRANTS.
(a) In General.--The Secretary shall provide grants under
this section to assist States to provide special education and
related services, in accordance with this part--
(1) to children with disabilities aged 3 through 5,
inclusive; and
(2) at the State's discretion, to 2-year-old children
with disabilities who will turn 3 during the school
year.
(b) Eligibility.--A State shall be eligible for a grant under
this section if such State--
(1) is eligible under section 612 to receive a grant
under this part; and
(2) makes a free appropriate public education
available to all children with disabilities, aged 3
through 5, residing in the State.
(c) Allocations to States.--
(1) In general.--The Secretary shall allocate funds
among the States in accordance with paragraph (2) or
(3), as appropriate.
(2) Increase in funds.--If the amount available for
allocations to States under paragraph (1) is equal to
or greater than the amount allocated to the States
under this section for the preceding fiscal year, those
allocations shall be calculated as follows:
(A)(i) Except as provided in subparagraph
(B), the Secretary shall--
(I) allocate to each State the amount
it received for fiscal year 1997;
(II) allocate 85 percent of any
remaining funds to States on the basis
of their relative populations of
children aged 3 through 5; and
(III) allocate 15 percent of those
remaining funds to States on the basis
of their relative populations of all
children aged 3 through 5 who are
living in poverty.
(ii) For the purpose of making grants under
this paragraph, the Secretary shall use the
most recent population data, including data on
children living in poverty, that are available
and satisfactory to the Secretary.
(B) Notwithstanding subparagraph (A),
allocations under this paragraph shall be
subject to the following:
(i) No State's allocation shall be
less than its allocation for the
preceding fiscal year.
(ii) No State's allocation shall be
less than the greatest of--
(I) the sum of--
(aa) the amount it
received for fiscal
year 1997; and
(bb) one third of one
percent of the amount
by which the amount
appropriated under
subsection (j) exceeds
the amount appropriated
under this section for
fiscal year 1997;
(II) the sum of--
(aa) the amount it
received for the
preceding fiscal year;
and
(bb) that amount
multiplied by the
percentage by which the
increase in the funds
appropriated from the
preceding fiscal year
exceeds 1.5 percent; or
(III) the sum of--
(aa) the amount it
received for the
preceding fiscal year;
and
(bb) that amount
multiplied by 90
percent of the
percentage increase in
the amount appropriated
from the preceding
fiscal year.
(iii) Notwithstanding clause (ii), no
State's allocation under this paragraph
shall exceed the sum of--
(I) the amount it received
for the preceding fiscal year;
and
(II) that amount multiplied
by the sum of 1.5 percent and
the percentage increase in the
amount appropriated.
(C) If the amount available for allocations
under this paragraph is insufficient to pay
those allocations in full, those allocations
shall be ratably reduced, subject to
subparagraph (B)(i).
(3) Decrease in funds.--If the amount available for
allocations to States under paragraph (1) is less than
the amount allocated to the States under this section
for the preceding fiscal year, those allocations shall
be calculated as follows:
(A) If the amount available for allocations
is greater than the amount allocated to the
States for fiscal year 1997, each State shall
be allocated the sum of--
(i) the amount it received for fiscal
year 1997; and
(ii) an amount that bears the same
relation to any remaining funds as the
increase the State received for the
preceding fiscal year over fiscal year
1997 bears to the total of all such
increases for all States.
(B) If the amount available for allocations
is equal to or less than the amount allocated
to the States for fiscal year 1997, each State
shall be allocated the amount it received for
that year, ratably reduced, if necessary.
(d) Reservation for State Activities.--
(1) In general.--Each State may retain not more than
the amount described in paragraph (2) for
administration and other State-level activities in
accordance with subsections (e) and (f).
(2) Amount described.--For each fiscal year, the
Secretary shall determine and report to the State
educational agency an amount that is 25 percent of the
amount the State received under this section for fiscal
year 1997, cumulatively adjusted by the Secretary for
each succeeding fiscal year by the lesser of--
(A) the percentage increase, if any, from the
preceding fiscal year in the State's allocation
under this section; or
(B) the percentage increase, if any, from the
preceding fiscal year in the Consumer Price
Index For All Urban Consumers published by the
Bureau of Labor Statistics of the Department of
Labor.
(e) State Administration.--
(1) In general.--For the purpose of administering
this section (including the coordination of activities
under this part with, and providing technical
assistance to, other programs that provide services to
children with disabilities) a State may use not more
than 20 percent of the maximum amount it may retain
under subsection (d) for any fiscal year.
(2) Administration of part c.--Funds described in
paragraph (1) may also be used for the administration
of part C of this Act, if the State educational agency
is the lead agency for the State under that part.
(f) Other State-Level Activities.--Each State shall use any
funds it retains under subsection (d) and does not use for
administration under subsection (e)--
(1) for support services (including establishing and
implementing the mediation and voluntary binding
arbitration process required by section 615(e)), which
may benefit children with disabilities younger than 3
or older than 5 as long as those services also benefit
children with disabilities aged 3 through 5;
(2) for direct services for children eligible for
services under this section;
(3) for activities at the State and local levels to
meet the performance goals established by the State
under section 612(a)(16) and to support implementation
of the State plan under subpart 1 of part D if the
State receives funds under that subpart; or
(4) to supplement other funds used to develop and
implement a Statewide coordinated services system
designed to improve results for children and families,
including children with disabilities and their
families, but not to exceed one percent of the amount
received by the State under this section for a fiscal
year.
(g) Subgrants to Local Educational Agencies.--
(1) Subgrants required.--Each State that receives a
grant under this section for any fiscal year shall
distribute all of the grant funds that it does not
reserve under subsection (d) to local educational
agencies in the State that have established their
eligibility under section 613, as follows:
(A) Base payments.--The State shall first
award each agency described in paragraph (1)
the amount that agency would have received
under this section for fiscal year 1997 if the
State had distributed 75 percent of its grant
for that year under section 619(c)(3), as then
in effect.
(B) Allocation of remaining funds.--After
making allocations under subparagraph (A), the
State shall--
(i) allocate 85 percent of any
remaining funds to those agencies on
the basis of the relative numbers of
children enrolled in public and private
elementary and secondary schools within
the agency's jurisdiction; and
(ii) allocate 15 percent of those
remaining funds to those agencies in
accordance with their relative numbers
of children living in poverty, as
determined by the State educational
agency.
(2) Reallocation of funds.--If a State educational
agency determines that a local educational agency is
adequately providing a free appropriate public
education to all children with disabilities aged 3
through 5 residing in the area served by that agency
with State and local funds, the State educational
agency may reallocate any portion of the funds under
this section that are not needed by that local agency
to provide a free appropriate public education to other
local educational agencies in the State that are not
adequately providing special education and related
services to all children with disabilities aged 3
through 5 residing in the areas they serve.
(h) Part C Inapplicable.--Part C of this Act does not apply
to any child with a disability receiving a free appropriate
public education, in accordance with this part, with funds
received under this section.
(i) Definition.--For the purpose of this section, the term
``State'' means each of the 50 States, the District of
Columbia, and the Commonwealth of Puerto Rico.
(j) Authorization of Appropriations.--For the purpose of
carrying out this section, there are authorized to be
appropriated to the Secretary $500,000,000 for fiscal year 2004
and such sums as may be necessary for each subsequent fiscal
year.
PART C--INFANTS AND TODDLERS WITH DISABILITIES
[SEC. 631. FINDINGS AND POLICY.
[(a) Findings.--The Congress finds that there is an urgent
and substantial need--
[(1) to enhance the development of infants and
toddlers with disabilities and to minimize their
potential for developmental delay;
[(2) to reduce the educational costs to our society,
including our Nation's schools, by minimizing the need
for special education and related services after
infants and toddlers with disabilities reach school
age;
[(3) to minimize the likelihood of
institutionalization of individuals with disabilities
and maximize the potential for their independently
living in society;
[(4) to enhance the capacity of families to meet the
special needs of their infants and toddlers with
disabilities; and
[(5) to enhance the capacity of State and local
agencies and service providers to identify, evaluate,
and meet the needs of historically underrepresented
populations, particularly minority, low-income, inner-
city, and rural populations.
[(b) Policy.--It is therefore the policy of the United States
to provide financial assistance to States--
[(1) to develop and implement a statewide,
comprehensive, coordinated, multidisciplinary,
interagency system that provides early intervention
services for infants and toddlers with disabilities and
their families;
[(2) to facilitate the coordination of payment for
early intervention services from Federal, State, local,
and private sources (including public and private
insurance coverage);
[(3) to enhance their capacity to provide quality
early intervention services and expand and improve
existing early intervention services being provided to
infants and toddlers with disabilities and their
families; and
[(4) to encourage States to expand opportunities for
children under 3 years of age who would be at risk of
having substantial developmental delay if they did not
receive early intervention services.
[SEC. 632. DEFINITIONS.
[As used in this part:
[(1) At-risk infant or toddler.--The term ``at-risk
infant or toddler '' means an individual under 3 years
of age who would be at risk of experiencing a
substantial developmental delay if early intervention
services were not provided to the individual.
[(2) Council.--The term ``council'' means a State
interagency coordinating council established under
section 641.
[(3) Developmental delay.--The term ``developmental
delay '', when used with respect to an individual
residing in a State, has the meaning given such term by
the State under section 635(a)(1).
[(4) Early intervention services.--The term ``early
intervention services'' means developmental services
that--
[(A) are provided under public supervision;
[(B) are provided at no cost except where
Federal or State law provides for a system of
payments by families, including a schedule of
sliding fees;
[(C) are designed to meet the developmental
needs of an infant or toddler with a disability
in any one or more of the following areas--
[(i) physical development;
[(ii) cognitive development;
[(iii) communication development;
[(iv) social or emotional
development; or
[(v) adaptive development;
[(D) meet the standards of the State in which
they are provided, including the requirements
of this part;
[(E) include--
[(i) family training, counseling, and
home visits;
[(ii) special instruction;
[(iii) speech-language pathology and
audiology services;
[(iv) occupational therapy;
[(v) physical therapy;
[(vi) psychological services;
[(vii) service coordination services;
[(viii) medical services only for
diagnostic or evaluation purposes;
[(ix) early identification,
screening, and assessment services;
[(x) health services necessary to
enable the infant or toddler to benefit
from the other early intervention
services;
[(xi) social work services;
[(xii) vision services;
[(xiii) assistive technology devices
and assistive technology services; and
[(xiv) transportation and related
costs that are necessary to enable an
infant or toddler and the infant's or
toddler 's family to receive another
service described in this paragraph;
[(F) are provided by qualified personnel,
including--
[(i) special educators;
[(ii) speech-language pathologists
and audiologists;
[(iii) occupational therapists;
[(iv) physical therapists;
[(v) psychologists;
[(vi) social workers;
[(vii) nurses;
[(viii) nutritionists;
[(ix) family therapists;
[(x) orientation and mobility
specialists; and
[(xi) pediatricians and other
physicians;
[(G) to the maximum extent appropriate, are
provided in natural environments, including the
home, and community settings in which children
without disabilities participate; and
[(H) are provided in conformity with an
individualized family service plan adopted in
accordance with section 636.
[(5) Infant or toddler with a disability.--The term
``infant or toddler with a disability ''--
[(A) means an individual under 3 years of age
who needs early intervention services because
the individual--
[(i) is experiencing developmental
delays, as measured by appropriate
diagnostic instruments and procedures
in one or more of the areas of
cognitive development, physical
development, communication development,
social or emotional development, and
adaptive development; or
[(ii) has a diagnosed physical or
mental condition which has a high
probability of resulting in
developmental delay; and
[(B) may also include, at a State's
discretion, at-risk infants and toddlers.
[SEC. 633. GENERAL AUTHORITY.
[The Secretary shall, in accordance with this part, make
grants to States (from their allotments under section 643) to
assist each State to maintain and implement a statewide,
comprehensive, coordinated, multidisciplinary, interagency
system to provide early intervention services for infants and
toddlers with disabilities and their families.
[SEC. 634. ELIGIBILITY.
[In order to be eligible for a grant under section 633, a
State shall demonstrate to the Secretary that the State--
[(1) has adopted a policy that appropriate early
intervention services are available to all infants and
toddlers with disabilities in the State and their
families, including Indian infants and toddlers with
disabilities and their families residing on a
reservation geographically located in the State; and
[(2) has in effect a statewide system that meets the
requirements of section 635.
[SEC. 635. REQUIREMENTS FOR STATEWIDE SYSTEM.
[(a) In General.--A statewide system described in section 633
shall include, at a minimum, the following components:
[(1) A definition of the term ``developmental delay
'' that will be used by the State in carrying out
programs under this part.
[(2) A State policy that is in effect and that
ensures that appropriate early intervention services
are available to all infants and toddlers with
disabilities and their families, including Indian
infants and toddlers and their families residing on a
reservation geographically located in the State.
[(3) A timely, comprehensive, multidisciplinary
evaluation of the functioning of each infant or toddler
with a disability in the State, and a family-directed
identification of the needs of each family of such an
infant or toddler, to appropriately assist in the
development of the infant or toddler.
[(4) For each infant or toddler with a disability in
the State, an individualized family service plan in
accordance with section 636, including service
coordination services in accordance with such service
plan.
[(5) A comprehensive child find system, consistent
with part B, including a system for making referrals to
service providers that includes timelines and provides
for participation by primary referral sources.
[(6) A public awareness program focusing on early
identification of infants and toddlers with
disabilities, including the preparation and
dissemination by the lead agency designated or
established under paragraph (10) to all primary
referral sources, especially hospitals and physicians,
of information for parents on the availability of early
intervention services, and procedures for determining
the extent to which such sources disseminate such
information to parents of infants and toddlers.
[(7) A central directory which includes information
on early intervention services, resources, and experts
available in the State and research and demonstration
projects being conducted in the State.
[(8) A comprehensive system of personnel development,
including the training of paraprofessionals and the
training of primary referral sources respecting the
basic components of early intervention services
available in the State, that is consistent with the
comprehensive system of personnel development described
in section 612(a)(14) and may include--
[(A) implementing innovative strategies and
activities for the recruitment and retention of
early education service providers;
[(B) promoting the preparation of early
intervention providers who are fully and
appropriately qualified to provide early
intervention services under this part;
[(C) training personnel to work in rural and
inner-city areas; and
[(D) training personnel to coordinate
transition services for infants and toddlers
served under this part from an early
intervention program under this part to
preschool or other appropriate services.
[(9) Subject to subsection (b), policies and
procedures relating to the establishment and
maintenance of standards to ensure that personnel
necessary to carry out this part are appropriately and
adequately prepared and trained, including--
[(A) the establishment and maintenance of
standards which are consistent with any State-
approved or recognized certification,
licensing, registration, or other comparable
requirements which apply to the area in which
such personnel are providing early intervention
services; and
[(B) to the extent such standards are not
based on the highest requirements in the State
applicable to a specific profession or
discipline, the steps the State is taking to
require the retraining or hiring of personnel
that meet appropriate professional requirements
in the State;
except that nothing in this part, including this
paragraph, prohibits the use of paraprofessionals and
assistants who are appropriately trained and
supervised, in accordance with State law, regulations,
or written policy, to assist in the provision of early
intervention services to infants and toddlers with
disabilities under this part.
[(10) A single line of responsibility in a lead
agency designated or established by the Governor for
carrying out--
[(A) the general administration and
supervision of programs and activities
receiving assistance under section 633, and the
monitoring of programs and activities used by
the State to carry out this part, whether or
not such programs or activities are receiving
assistance made available under section 633, to
ensure that the State complies with this part;
[(B) the identification and coordination of
all available resources within the State from
Federal, State, local, and private sources;
[(C) the assignment of financial
responsibility in accordance with section
637(a)(2) to the appropriate agencies;
[(D) the development of procedures to ensure
that services are provided to infants and
toddlers with disabilities and their families
under this part in a timely manner pending the
resolution of any disputes among public
agencies or service providers;
[(E) the resolution of intra- and interagency
disputes; and
[(F) the entry into formal interagency
agreements that define the financial
responsibility of each agency for paying for
early intervention services (consistent with
State law) and procedures for resolving
disputes and that include all additional
components necessary to ensure meaningful
cooperation and coordination.
[(11) A policy pertaining to the contracting or
making of other arrangements with service providers to
provide early intervention services in the State,
consistent with the provisions of this part, including
the contents of the application used and the conditions
of the contract or other arrangements.
[(12) A procedure for securing timely reimbursements
of funds used under this part in accordance with
section 640(a).
[(13) Procedural safeguards with respect to programs
under this part, as required by section 639.
[(14) A system for compiling data requested by the
Secretary under section 618 that relates to this part.
[(15) A State interagency coordinating council that
meets the requirements of section 641.
[(16) Policies and procedures to ensure that,
consistent with section 636(d)(5)--
[(A) to the maximum extent appropriate, early
intervention services are provided in natural
environments; and
[(B) the provision of early intervention
services for any infant or toddler occurs in a
setting other than a natural environment only
when early intervention cannot be achieved
satisfactorily for the infant or toddler in a
natural environment.
[(b) Policy.--In implementing subsection (a)(9), a State may
adopt a policy that includes making ongoing good-faith efforts
to recruit and hire appropriately and adequately trained
personnel to provide early intervention services to infants and
toddlers with disabilities, including, in a geographic area of
the State where there is a shortage of such personnel, the most
qualified individuals available who are making satisfactory
progress toward completing applicable course work necessary to
meet the standards described in subsection (a)(9), consistent
with State law within 3 years.
[SEC. 636. INDIVIDUALIZED FAMILY SERVICE PLAN.
[(a) Assessment and Program Development.--A statewide system
described in section 633 shall provide, at a minimum, for each
infant or toddler with a disability, and the infant's or
toddler 's family, to receive--
[(1) a multidisciplinary assessment of the unique
strengths and needs of the infant or toddler and the
identification of services appropriate to meet such
needs;
[(2) a family-directed assessment of the resources,
priorities, and concerns of the family and the
identification of the supports and services necessary
to enhance the family 's capacity to meet the
developmental needs of the infant or toddler; and
[(3) a written individualized family service plan
developed by a multidisciplinary team, including the
parents, as required by subsection (e).
[(b) Periodic Review.--The individualized family service plan
shall be evaluated once a year and the family shall be provided
a review of the plan at 6-month intervals (or more often where
appropriate based on infant or toddler and family needs).
[(c) Promptness After Assessment.--The individualized family
service plan shall be developed within a reasonable time after
the assessment required by subsection (a)(1) is completed. With
the parents' consent, early intervention services may commence
prior to the completion of the assessment.
[(d) Content of Plan.--The individualized family service plan
shall be in writing and contain--
[(1) a statement of the infant's or toddler 's
present levels of physical development, cognitive
development, communication development, social or
emotional development, and adaptive development, based
on objective criteria;
[(2) a statement of the family 's resources,
priorities, and concerns relating to enhancing the
development of the family 's infant or toddler with a
disability;
[(3) a statement of the major outcomes expected to be
achieved for the infant or toddler and the family, and
the criteria, procedures, and timelines used to
determine the degree to which progress toward achieving
the outcomes is being made and whether modifications or
revisions of the outcomes or services are necessary;
[(4) a statement of specific early intervention
services necessary to meet the unique needs of the
infant or toddler and the family, including the
frequency, intensity, and method of delivering
services;
[(5) a statement of the natural environments in which
early intervention services shall appropriately be
provided, including a justification of the extent, if
any, to which the services will not be provided in a
natural environment;
[(6) the projected dates for initiation of services
and the anticipated duration of the services;
[(7) the identification of the service coordinator
from the profession most immediately relevant to the
infant's or toddler 's or family 's needs (or who is
otherwise qualified to carry out all applicable
responsibilities under this part) who will be
responsible for the implementation of the plan and
coordination with other agencies and persons; and
[(8) the steps to be taken to support the transition
of the toddler with a disability to preschool or other
appropriate services.
[(e) Parental Consent.--The contents of the individualized
family service plan shall be fully explained to the parents and
informed written consent from the parents shall be obtained
prior to the provision of early intervention services described
in such plan. If the parents do not provide consent with
respect to a particular early intervention service, then the
early intervention services to which consent is obtained shall
be provided.
[SEC. 637. STATE APPLICATION AND ASSURANCES.
[(a) Application.--A State desiring to receive a grant under
section 633 shall submit an application to the Secretary at
such time and in such manner as the Secretary may reasonably
require. The application shall contain--
[(1) a designation of the lead agency in the State
that will be responsible for the administration of
funds provided under section 633;
[(2) a designation of an individual or entity
responsible for assigning financial responsibility
among appropriate agencies;
[(3) information demonstrating eligibility of the
State under section 634, including--
[(A) information demonstrating to the
Secretary's satisfaction that the State has in
effect the statewide system required by section
633; and
[(B) a description of services to be provided
to infants and toddlers with disabilities and
their families through the system;
[(4) if the State provides services to at-risk
infants and toddlers through the system, a description
of such services;
[(5) a description of the uses for which funds will
be expended in accordance with this part;
[(6) a description of the procedure used to ensure
that resources are made available under this part for
all geographic areas within the State;
[(7) a description of State policies and procedures
that ensure that, prior to the adoption by the State of
any other policy or procedure necessary to meet the
requirements of this part, there are public hearings,
adequate notice of the hearings, and an opportunity for
comment available to the general public, including
individuals with disabilities and parents of infants
and toddlers with disabilities;
[(8) a description of the policies and procedures to
be used--
[(A) to ensure a smooth transition for
toddlers receiving early intervention services
under this part to preschool or other
appropriate services, including a description
of how--
[(i) the families of such toddlers
will be included in the transition
plans required by subparagraph (C); and
[(ii) the lead agency designated or
established under section 635(a)(10)
will--
[(I) notify the local
educational agency for the area
in which such a child resides
that the child will shortly
reach the age of eligibility
for preschool services under
part B, as determined in
accordance with State law;
[(II) in the case of a child
who may be eligible for such
preschool services, with the
approval of the family of the
child, convene a conference
among the lead agency, the
family, and the local
educational agency at least 90
days (and at the discretion of
all such parties, up to 6
months) before the child is
eligible for the preschool
services, to discuss any such
services that the child may
receive; and
[(III) in the case of a child
who may not be eligible for
such preschool services, with
the approval of the family,
make reasonable efforts to
convene a conference among the
lead agency, the family, and
providers of other appropriate
services for children who are
not eligible for preschool
services under part B, to
discuss the appropriate
services that the child may
receive;
[(B) to review the child's program options
for the period from the child's third birthday
through the remainder of the school year; and
[(C) to establish a transition plan; and
[(9) such other information and assurances as the
Secretary may reasonably require.
[(b) Assurances.--The application described in subsection
(a)--
[(1) shall provide satisfactory assurance that
Federal funds made available under section 643 to the
State will be expended in accordance with this part;
[(2) shall contain an assurance that the State will
comply with the requirements of section 640;
[(3) shall provide satisfactory assurance that the
control of funds provided under section 643, and title
to property derived from those funds, will be in a
public agency for the uses and purposes provided in
this part and that a public agency will administer such
funds and property;
[(4) shall provide for--
[(A) making such reports in such form and
containing such information as the Secretary
may require to carry out the Secretary's
functions under this part; and
[(B) keeping such records and affording such
access to them as the Secretary may find
necessary to ensure the correctness and
verification of those reports and proper
disbursement of Federal funds under this part;
[(5) provide satisfactory assurance that Federal
funds made available under section 643 to the State--
[(A) will not be commingled with State funds;
and
[(B) will be used so as to supplement the
level of State and local funds expended for
infants and toddlers with disabilities and
their families and in no case to supplant those
State and local funds;
[(6) shall provide satisfactory assurance that such
fiscal control and fund accounting procedures will be
adopted as may be necessary to ensure proper
disbursement of, and accounting for, Federal funds paid
under section 643 to the State;
[(7) shall provide satisfactory assurance that
policies and procedures have been adopted to ensure
meaningful involvement of underserved groups, including
minority, low-income, and rural families, in the
planning and implementation of all the requirements of
this part; and
[(8) shall contain such other information and
assurances as the Secretary may reasonably require by
regulation.
[(c) Standard for Disapproval of Application.--The Secretary
may not disapprove such an application unless the Secretary
determines, after notice and opportunity for a hearing, that
the application fails to comply with the requirements of this
section.
[(d) Subsequent State Application.--If a State has on file
with the Secretary a policy, procedure, or assurance that
demonstrates that the State meets a requirement of this
section, including any policy or procedure filed under part H
(as in effect before July 1, 1998), the Secretary shall
consider the State to have met the requirement for purposes of
receiving a grant under this part.
[(e) Modification of Application.--An application submitted
by a State in accordance with this section shall remain in
effect until the State submits to the Secretary such
modifications as the State determines necessary. This section
shall apply to a modification of an application to the same
extent and in the same manner as this section applies to the
original application.
[(f ) Modifications Required by the Secretary.--The Secretary
may require a State to modify its application under this
section, but only to the extent necessary to ensure the State's
compliance with this part, if--
[(1) an amendment is made to this Act, or a Federal
regulation issued under this Act;
[(2) a new interpretation of this Act is made by a
Federal court or the State's highest court; or
[(3) an official finding of noncompliance with
Federal law or regulations is made with respect to the
State.
[SEC. 638. USES OF FUNDS.
[In addition to using funds provided under section 633 to
maintain and implement the statewide system required by such
section, a State may use such funds--
[(1) for direct early intervention services for
infants and toddlers with disabilities, and their
families, under this part that are not otherwise funded
through other public or private sources;
[(2) to expand and improve on services for infants
and toddlers and their families under this part that
are otherwise available;
[(3) to provide a free appropriate public education,
in accordance with part B, to children with
disabilities from their third birthday to the beginning
of the following school year; and
[(4) in any State that does not provide services for
at-risk infants and toddlers under section 637(a)(4),
to strengthen the statewide system by initiating,
expanding, or improving collaborative efforts related
to at-risk infants and toddlers, including establishing
linkages with appropriate public or private community-
based organizations, services, and personnel for the
purposes of--
[(A) identifying and evaluating at-risk
infants and toddlers;
[(B) making referrals of the infants and
toddlers identified and evaluated under
subparagraph (A); and
[(C) conducting periodic follow-up on each
such referral to determine if the status of the
infant or toddler involved has changed with
respect to the eligibility of the infant or
toddler for services under this part.]
SEC. 631. FINDINGS AND POLICY.
(a) Findings.--The Congress finds that there is an urgent and
substantial need--
(1) to enhance the development of infants and
toddlers with disabilities and to minimize their
potential for developmental delay;
(2) to reduce the educational costs to our society,
including our Nation's schools, by minimizing the need
for special education and related services after
infants and toddlers with disabilities reach school
age;
(3) to minimize the likelihood of
institutionalization of individuals with disabilities
and maximize the potential for their independently
living in society;
(4) to enhance the capacity of families to meet the
special needs of their infants and toddlers with
disabilities; and
(5) to enhance the capacity of State and local
agencies and service providers to identify, evaluate,
and meet the needs of historically underrepresented
populations, particularly minority, low-income, inner-
city, and rural populations.
(b) Policy.--It is the policy of the United States to provide
financial assistance to States--
(1) to develop and implement a statewide,
comprehensive, coordinated, multidisciplinary,
interagency system that provides early intervention
services for infants and toddlers with disabilities and
their families;
(2) to facilitate the coordination of payment for
early intervention services from Federal, State, local,
and private sources (including public and private
insurance coverage);
(3) to enhance their capacity to provide quality
early intervention services and expand and improve
existing early intervention services being provided to
infants and toddlers with disabilities and their
families; and
(4) to encourage States to expand opportunities for
children under 3 years of age who would be at risk of
having substantial developmental delay if they did not
receive early intervention services.
SEC. 632. DEFINITIONS.
As used in this part:
(1) At-risk infant or toddler.--The term ``at-risk
infant or toddler'' means an individual under 3 years
of age who would be at risk of experiencing a
substantial developmental delay if early intervention
services were not provided to the individual.
(2) Council.--The term ``council'' means a State
interagency coordinating council established under
section 641.
(3) Developmental delay.--The term ``developmental
delay'', when used with respect to an individual
residing in a State, has the meaning given such term by
the State under section 635(a)(1).
(4) Early intervention services.--The term ``early
intervention services'' means developmental services
that--
(A) are provided under public supervision;
(B) are provided at no cost except where
Federal or State law provides for a system of
payments by families, including a schedule of
sliding fees;
(C) are designed to address family-identified
priorities and concerns that are determined by
individualized family service plan team to
relate to enhancing the child's development in
any one or more of the following areas--
(i) physical development;
(ii) cognitive development;
(iii) communication development;
(iv) social or emotional development;
or
(v) adaptive development;
(D) meet the standards of the State in which
they are provided, including the requirements
of this part;
(E) include--
(i) family training, family therapy,
counseling, and home visits;
(ii) special instruction;
(iii) speech-language pathology and
audiology services;
(iv) occupational therapy;
(v) physical therapy;
(vi) psychological services;
(vii) service coordination services;
(viii) medical services only for
diagnostic or evaluation purposes;
(ix) early identification, screening,
and assessment services;
(x) health services necessary to
enable the infant or toddler to benefit
from the other early intervention
services;
(xi) social work services;
(xii) vision services;
(xiii) assistive technology devices
and assistive technology services; and
(xiv) transportation and related
costs that are necessary to enable an
infant or toddler and the infant's or
toddler 's family to receive another
service described in this paragraph;
(F) are provided by qualified personnel,
including--
(i) special educators;
(ii) speech-language pathologists and
audiologists;
(iii) occupational therapists;
(iv) physical therapists;
(v) psychologists;
(vi) social workers;
(vii) nurses;
(viii) registered dietitians;
(ix) family therapists;
(x) vision specialists, including
ophthalmologists and optometrists;
(xi) orientation and mobility
specialists; and
(xii) pediatricians and other
physicians;
(G) to the maximum extent appropriate, are
provided in natural environments, including the
home, and community settings in which children
without disabilities participate; and
(H) are provided in conformity with an
individualized family service plan adopted in
accordance with section 636.
(5) Infant or toddler with a disability.--The term
``infant or toddler with a disability ''--
(A) means an individual under 3 years of age
who needs early intervention services because
the individual--
(i) is experiencing developmental
delays, as measured by appropriate
diagnostic instruments and procedures
in one or more of the areas of
cognitive development, physical
development, communication development,
social or emotional development, and
adaptive development; or
(ii) has a diagnosed physical or
mental condition which has a high
probability of resulting in
developmental delay;
(B) may also include, at a State's
discretion, at-risk infants and toddlers; and
(C) may also include, at a State's
discretion, a child aged 3 through 5, who
previously received services under this part
and who is eligible for services under section
619, if--
(i) services provided to this age
group under this part include an
educational component that promotes
school readiness and incorporates
scientifically based pre-literacy,
language, and numeracy skills; and
(ii) parents are provided a written
notification of their rights and
responsibilities in determining whether
their child will continue to receive
services under this part or participate
in preschool programs assisted under
section 619.
SEC. 633. GENERAL AUTHORITY.
The Secretary shall, in accordance with this part, make
grants to States (from their allotments under section 643) to
assist each State to maintain and implement a statewide,
comprehensive, coordinated, multidisciplinary, interagency
system to provide early intervention services for infants and
toddlers with disabilities and their families.
SEC. 634. ELIGIBILITY.
In order to be eligible for a grant under section 633, a
State shall provide assurances to the Secretary that the
State--
(1) has adopted a policy that appropriate early
intervention services are available to all infants and
toddlers with disabilities in the State and their
families, including Indian infants and toddlers with
disabilities and their families residing on a
reservation geographically located in the State; and
(2) has in effect a statewide system that meets the
requirements of section 635.
SEC. 635. REQUIREMENTS FOR STATEWIDE SYSTEM.
(a) In General.--A statewide system described in section 633
shall include, at a minimum, the following components:
(1) A definition of the term ``developmental delay''
that will be used by the State in carrying out programs
under this part.
(2) A State policy that is in effect and that ensures
that appropriate early intervention services based on
scientifically based research are available to all
infants and toddlers with disabilities and their
families, including Indian infants and toddlers and
their families residing on a reservation geographically
located in the State.
(3) A timely, comprehensive, multidisciplinary
evaluation of the functioning of each infant or toddler
with a disability in the State, and a family-directed
identification of the needs of each family of such an
infant or toddler, to appropriately assist in the
development of the infant or toddler.
(4) For each infant or toddler with a disability in
the State, an individualized family service plan in
accordance with section 636, including service
coordination services in accordance with such service
plan.
(5) A comprehensive child find system, consistent
with part B, including a system for making referrals to
service providers that includes timelines and provides
for participation by primary referral sources.
(6) A public awareness program focusing on early
identification of infants and toddlers with
disabilities, including the preparation and
dissemination by the lead agency designated or
established under paragraph (10) to all primary
referral sources, especially hospitals and physicians,
of information to be given to parents, especially to
inform parents with premature infants, or infants with
other physical risk factors associated with learning or
developmental complications, on the availability of
early intervention services under this part and of
services under section 619 of this Act, and procedures
for assisting such sources in disseminating such
information to parents of infants and toddlers.
(7) A central directory that includes information on
early intervention services, resources, and experts
available in the State and research and demonstration
projects being conducted in the State.
(8) A comprehensive system of personnel development,
including the training of paraprofessionals and the
training of primary referral sources respecting the
basic components of early intervention services
available in the State that--
(A) shall include--
(i) implementing innovative
strategies and activities for the
recruitment and retention of early
education service providers;
(ii) promoting the preparation of
early intervention providers who are
fully and appropriately qualified to
provide early intervention services
under this part; and
(iii) training personnel to
coordinate transition services for
infants and toddlers served under this
part from a program providing early
intervention services under this part
and under part B (other than section
619), to a preschool program receiving
funds under section 619, or another
appropriate program; and
(B) may include--
(i) training personnel to work in
rural and inner-city areas; and
(ii) training personnel in the
emotional and social development of
young children.
(9) Subject to subsection (b), policies and
procedures relating to the establishment and
maintenance of standards to ensure that personnel
necessary to carry out this part are appropriately and
adequately prepared and trained, including the
establishment and maintenance of standards that are
consistent with any State-approved or recognized
certification, licensing, registration, or other
comparable requirements that apply to the area in which
such personnel are providing early intervention
services.
(10) A single line of responsibility in a lead agency
designated or established by the Governor for carrying
out--
(A) the general administration and
supervision of programs and activities
receiving assistance under section 633, and the
monitoring of programs and activities used by
the State to carry out this part, whether or
not such programs or activities are receiving
assistance made available under section 633, to
ensure that the State complies with this part;
(B) the identification and coordination of
all available resources within the State from
Federal, State, local, and private sources;
(C) the assignment of financial
responsibility in accordance with section
637(a)(2) to the appropriate agencies;
(D) the development of procedures to ensure
that services are provided to infants and
toddlers with disabilities and their families
under this part in a timely manner pending the
resolution of any disputes among public
agencies or service providers;
(E) the resolution of intra- and interagency
disputes; and
(F) the entry into formal interagency
agreements that define the financial
responsibility of each agency for paying for
early intervention services (consistent with
State law) and procedures for resolving
disputes and that include all additional
components necessary to ensure meaningful
cooperation and coordination.
(11) A policy pertaining to the contracting or making
of other arrangements with service providers to provide
early intervention services in the State, consistent
with the provisions of this part, including the
contents of the application used and the conditions of
the contract or other arrangements.
(12) A procedure for securing timely reimbursements
of funds used under this part in accordance with
section 640(a).
(13) Procedural safeguards with respect to programs
under this part, as required by section 639.
(14) A system for compiling data requested by the
Secretary under section 618 that relates to this part.
(15) A State interagency coordinating council that
meets the requirements of section 641.
(16) Policies and procedures to ensure that,
consistent with section 636(d)(5)--
(A) to the maximum extent appropriate, early
intervention services are provided in natural
environments; and
(B) the provision of early intervention
services for any infant or toddler occurs in a
setting other than a natural environment only
when early intervention cannot be achieved
satisfactorily for the infant or toddler in a
natural environment.
(b) Policy.--In implementing subsection (a)(9), a State may
adopt a policy that includes making ongoing good-faith efforts
to recruit and hire appropriately and adequately trained
personnel to provide early intervention services to infants and
toddlers with disabilities, including, in a geographic area of
the State where there is a shortage of such personnel, the most
qualified individuals available who are making satisfactory
progress toward completing applicable course work necessary to
meet the standards described in subsection (a)(9), consistent
with State law within 3 years.
(c) Treatment of Children Aged 3 through 5.--
(1) In general.--If a State includes children
described in section 632(5)(C) in the system described
in section 633, the State shall be considered to have
fulfilled any obligation under part B with respect to
the provision of a free appropriate public education to
those children during the period in which they are
receiving services under this part.
(2) Construction.--Nothing in paragraph (1) shall be
construed to alter or diminish the rights and
protections afforded under this part to children
described in such paragraph.
SEC. 636. INDIVIDUALIZED FAMILY SERVICE PLAN.
(a) Assessment and Program Development.--A statewide system
described in section 633 shall provide, at a minimum, for each
infant or toddler with a disability, and the infant's or
toddler's family, to receive--
(1) a multidisciplinary assessment of the unique
strengths and needs of the infant or toddler and the
identification of services appropriate to meet such
needs;
(2) a family-directed assessment of the resources,
priorities, and concerns of the family and the
identification of the supports and services necessary
to enhance the family 's capacity to meet the
developmental needs of the infant or toddler; and
(3) a written individualized family service plan
developed by a multidisciplinary team, including the
parents, as required by subsection (e), including a
description of the appropriate transition services for
the child's entrance in school.
(b) Periodic Review.--The individualized family service plan
shall be evaluated once a year and the family shall be provided
a review of the plan at 6-month intervals (or more often where
appropriate based on infant or toddler and family needs).
(c) Promptness After Assessment.--The individualized family
service plan shall be developed within a reasonable time after
the assessment required by subsection (a)(1) is completed. With
the parents' consent, early intervention services may commence
prior to the completion of the assessment.
(d) Content of Plan.--The individualized family service plan
shall be in writing and contain--
(1) a statement of the infant's or toddler 's present
levels of physical development, cognitive development,
communication development, social or emotional
development, and adaptive development, based on
objective criteria;
(2) a statement of the family 's resources,
priorities, and concerns relating to enhancing the
development of the family 's infant or toddler with a
disability;
(3) a statement of the major goals expected to be
achieved for the infant or toddler and the family,
including pre-literacy and language skills, as
developmentally appropriate for the child, and the
criteria, procedures, and timelines used to determine
the degree to which progress toward achieving the goals
is being made and whether modifications or revisions of
the goals or services are necessary;
(4) a statement of specific early intervention
services based on peer-reviewed research, to the extent
practicable, necessary to meet the unique needs of the
infant or toddler and the family, including the
frequency, intensity, and method of delivering
services;
(5) a statement of the natural environments in which
early intervention services will appropriately be
provided, including a justification of the extent, if
any, to which the services will not be provided in a
natural environment;
(6) the projected dates for initiation of services
and the anticipated length, duration, and frequency of
the services;
(7) the identification of the service coordinator
from the profession most immediately relevant to the
infant's or toddler's or family's needs (or who is
otherwise qualified to carry out all applicable
responsibilities under this part) who will be
responsible for the implementation of the plan and
coordination with other agencies and persons, including
transition services; and
(8) the steps to be taken to support the transition
of the toddler with a disability to preschool or other
appropriate services.
(e) Parental Consent.--The contents of the individualized
family service plan shall be fully explained to the parents and
informed written consent from the parents shall be obtained
prior to the provision of early intervention services described
in such plan. If the parents do not provide consent with
respect to a particular early intervention service, then only
the early intervention services to which consent is obtained
shall be provided.
SEC. 637. STATE APPLICATION AND ASSURANCES.
(a) Application.--A State desiring to receive a grant under
section 633 shall submit an application to the Secretary at
such time and in such manner as the Secretary may reasonably
require. The application shall contain--
(1) a designation of the lead agency in the State
that will be responsible for the administration of
funds provided under section 633;
(2) a designation of an individual or entity
responsible for assigning financial responsibility
among appropriate agencies;
(3) information demonstrating eligibility of the
State under section 634, including a description of
services to be provided to infants and toddlers with
disabilities and their families through the system;
(4) if the State provides services to at-risk infants
and toddlers through the statewide system, a
description of such services;
(5) a description of the State policies and
procedures requiring the referral of a child under the
age 3 who is involved in a substantiated case of child
abuse or neglect consistent with section 635(a)(5) or
who is born and identified with fetal alcohol effects,
fetal alcohol syndrome, neonatal intoxication, or
neonatal physical or neurological harm resulting from
prenatal drug exposure;
(6) a description of the uses for which funds will be
expended in accordance with this part;
(7) a description of the procedure used to ensure
that resources are made available under this part for
all geographic areas within the State;
(8) a description of State policies and procedures
that ensure that, prior to the adoption by the State of
any other policy or procedure necessary to meet the
requirements of this part, there are public hearings,
adequate notice of the hearings, and an opportunity for
comment available to the general public, including
individuals with disabilities and parents of infants
and toddlers with disabilities;
(9) a description of the policies and procedures to
be used--
(A) to ensure a smooth transition for
toddlers receiving early intervention services
under this part to preschool or other
appropriate services, including a description
of how--
(i) the families of such toddlers
will be included in the transition
plans required by subparagraph (C); and
(ii) the lead agency designated or
established under section 635(a)(10)
will--
(I) notify the local
educational agency for the area
in which such a child resides
that the child will shortly
reach the age of eligibility
for preschool services under
part B, as determined in
accordance with State law;
(II) in the case of a child
who may be eligible for such
preschool services, with the
approval of the family of the
child, convene a conference
among the lead agency, the
family, and the local
educational agency at least 90
days (and at the discretion of
all such parties, up to 6
months) before the child is
eligible for the preschool
services, to discuss any such
services that the child may
receive; and
(III) in the case of a child
who may not be eligible for
such preschool services, with
the approval of the family,
make reasonable efforts to
convene a conference among the
lead agency, the family, and
providers of other appropriate
services for children who are
not eligible for preschool
services under part B, to
discuss the appropriate
services that the child may
receive;
(B) to review the child's program options for
the period from the child's third birthday
through the remainder of the school year; and
(C) to establish a transition plan;
(10) a description of State efforts to promote
collaboration between Early Head Start programs, child
care, and services under part C of this Act; and
(11) such other information and assurances as the
Secretary may reasonably require.
(b) Assurances.--The application described in subsection
(a)--
(1) shall provide satisfactory assurance that Federal
funds made available under section 643 to the State
will be expended in accordance with this part;
(2) shall contain an assurance that the State will
comply with the requirements of section 640;
(3) shall provide satisfactory assurance that the
control of funds provided under section 643, and title
to property derived from those funds, will be in a
public agency for the uses and purposes provided in
this part and that a public agency will administer such
funds and property;
(4) shall provide for--
(A) making such reports in such form and
containing such information as the Secretary
may require to carry out the Secretary's
functions under this part; and
(B) keeping such records and affording such
access to them as the Secretary may find
necessary to ensure the correctness and
verification of those reports and proper
disbursement of Federal funds under this part;
(5) provide satisfactory assurance that Federal funds
made available under section 643 to the State--
(A) will not be commingled with State funds;
and
(B) will be used so as to supplement the
level of State and local funds expended for
infants and toddlers with disabilities and
their families and in no case to supplant those
State and local funds;
(6) shall provide satisfactory assurance that such
fiscal control and fund accounting procedures will be
adopted as may be necessary to ensure proper
disbursement of, and accounting for, Federal funds paid
under section 643 to the State;
(7) shall provide satisfactory assurance that
policies and procedures have been adopted to ensure
meaningful involvement of underserved groups, including
minority, low-income, and rural families, in the
planning and implementation of all the requirements of
this part; and
(8) shall contain such other information and
assurances as the Secretary may reasonably require by
regulation.
(c) Standard for Disapproval of Application.--The Secretary
may not disapprove such an application unless the Secretary
determines, after notice and opportunity for a hearing, that
the application fails to comply with the requirements of this
section.
(d) Subsequent State Application.--If a State has on file
with the Secretary a policy, procedure, or assurance that
demonstrates that the State meets a requirement of this
section, including any policy or procedure filed under this
part (as in effect before the date of the enactment of the
Improving Education Results for Children With Disabilities Act
of 2003), the Secretary shall consider the State to have met
the requirement for purposes of receiving a grant under this
part.
(e) Modification of Application.--An application submitted by
a State in accordance with this section shall remain in effect
until the State submits to the Secretary such modifications as
the State determines necessary. This section shall apply to a
modification of an application to the same extent and in the
same manner as this section applies to the original
application.
(f) Modifications Required by the Secretary.--The Secretary
may require a State to modify its application under this
section, but only to the extent necessary to ensure the State's
compliance with this part, if--
(1) an amendment is made to this Act, or a Federal
regulation issued under this Act;
(2) a new interpretation of this Act is made by a
Federal court or the State's highest court; or
(3) an official finding of noncompliance with Federal
law or regulations is made with respect to the State.
SEC. 638. USES OF FUNDS.
In addition to using funds provided under section 633 to
maintain and implement the statewide system required by such
section, a State may use such funds--
(1) for direct early intervention services for
infants and toddlers with disabilities, and their
families, under this part that are not otherwise funded
through other public or private sources;
(2) to expand and improve on services for infants and
toddlers and their families under this part that are
otherwise available;
(3) to provide a free appropriate public education,
in accordance with part B, to children with
disabilities from their third birthday to the beginning
of the following school year; and
(4) in any State that does not provide services for
at-risk infants and toddlers under section 637(a)(4),
to strengthen the statewide system by initiating,
expanding, or improving collaborative efforts related
to at-risk infants and toddlers, including establishing
linkages with appropriate public or private community-
based organizations, services, and personnel for the
purposes of--
(A) identifying and evaluating at-risk
infants and toddlers;
(B) making referrals of the infants and
toddlers identified and evaluated under
subparagraph (A); and
(C) conducting periodic followup on each such
referral to determine if the status of the
infant or toddler involved has changed with
respect to the eligibility of the infant or
toddler for services under this part.
* * * * * * *
[SEC. 641. STATE INTERAGENCY COORDINATING COUNCIL.
[(a) Establishment.--
[(1) In general.--A State that desires to receive
financial assistance under this part shall establish a
State interagency coordinating council.
[(2) Appointment.--The council shall be appointed by
the Governor. In making appointments to the council,
the Governor shall ensure that the membership of the
council reasonably represents the population of the
State.
[(3) Chairperson.--The Governor shall designate a
member of the council to serve as the chairperson of
the council, or shall require the council to so
designate such a member. Any member of the council who
is a representative of the lead agency designated under
section 635(a)(10) may not serve as the chairperson of
the council.
[(b) Composition.--
[(1) In general.--The council shall be composed as
follows:
[(A) Parents.--At least 20 percent of the
members shall be parents of infants or toddlers
with disabilities or children with disabilities
aged 12 or younger, with knowledge of, or
experience with, programs for infants and
toddlers with disabilities. At least one such
member shall be a parent of an infant or
toddler with a disability or a child with a
disability aged 6 or younger.
[(B) Service providers.--At least 20 percent
of the members shall be public or private
providers of early intervention services.
[(C) State legislature.--At least one member
shall be from the State legislature.
[(D) Personnel preparation.--At least one
member shall be involved in personnel
preparation.
[(E) Agency for early intervention
services.--At least one member shall be from
each of the State agencies involved in the
provision of, or payment for, early
intervention services to infants and toddlers
with disabilities and their families and shall
have sufficient authority to engage in policy
planning and implementation on behalf of such
agencies.
[(F) Agency for preschool services.--At least
one member shall be from the State educational
agency responsible for preschool services to
children with disabilities and shall have
sufficient authority to engage in policy
planning and implementation on behalf of such
agency.
[(G) Agency for health insurance.--At least
one member shall be from the agency responsible
for the State governance of health insurance.
[(H) Head start agency.--At least one
representative from a Head Start agency or
program in the State.
[(I) Child care agency.--At least one
representative from a State agency responsible
for child care.
[(2) Other members.--The council may include other
members selected by the Governor, including a
representative from the Bureau of Indian Affairs, or
where there is no BIA-operated or BIA-funded school,
from the Indian Health Service or the tribe or tribal
council.
[(c) Meetings.--The council shall meet at least quarterly and
in such places as it deems necessary. The meetings shall be
publicly announced, and, to the extent appropriate, open and
accessible to the general public.
[(d) Management Authority.--Subject to the approval of the
Governor, the council may prepare and approve a budget using
funds under this part to conduct hearings and forums, to
reimburse members of the council for reasonable and necessary
expenses for attending council meetings and performing council
duties (including child care for parent representatives), to
pay compensation to a member of the council if the member is
not employed or must forfeit wages from other employment when
performing official council business, to hire staff, and to
obtain the services of such professional, technical, and
clerical personnel as may be necessary to carry out its
functions under this part.
[(e) Functions of Council.--
[(1) Duties.--The council shall--
[(A) advise and assist the lead agency
designated or established under section
635(a)(10) in the performance of the
responsibilities set forth in such section,
particularly the identification of the sources
of fiscal and other support for services for
early intervention programs, assignment of
financial responsibility to the appropriate
agency, and the promotion of the interagency
agreements;
[(B) advise and assist the lead agency in the
preparation of applications and amendments
thereto;
[(C) advise and assist the State educational
agency regarding the transition of toddlers
with disabilities to preschool and other
appropriate services; and
[(D) prepare and submit an annual report to
the Governor and to the Secretary on the status
of early intervention programs for infants and
toddlers with disabilities and their families
operated within the State.
[(2) Authorized activity.--The council may advise and
assist the lead agency and the State educational agency
regarding the provision of appropriate services for
children from birth through age 5. The council may
advise appropriate agencies in the State with respect
to the integration of services for infants and toddlers
with disabilities and at-risk infants and toddlers and
their families, regardless of whether at-risk infants
and toddlers are eligible for early intervention
services in the State.
[(f ) Conflict of Interest.--No member of the council shall
cast a vote on any matter that would provide direct financial
benefit to that member or otherwise give the appearance of a
conflict of interest under State law.
[SEC. 642. FEDERAL ADMINISTRATION.
[Sections 616, 617, and 618 shall, to the extent not
inconsistent with this part, apply to the program authorized by
this part, except that--
[(1) any reference in such sections to a State
educational agency shall be considered to be a
reference to a State's lead agency established or
designated under section 635(a)(10);
[(2) any reference in such sections to a local
educational agency, educational service agency, or a
State agency shall be considered to be a reference to
an early intervention service provider under this part;
and
[(3) any reference to the education of children with
disabilities or the education of all children with
disabilities shall be considered to be a reference to
the provision of appropriate early intervention
services to infants and toddlers with disabilities.
[SEC. 643. ALLOCATION OF FUNDS.
[(a) Reservation of Funds for Outlying Areas.--
[(1) In general.--From the sums appropriated to carry
out this part for any fiscal year, the Secretary may
reserve up to one percent for payments to Guam,
American Samoa, the Virgin Islands, and the
Commonwealth of the Northern Mariana Islands in
accordance with their respective needs.
[(2) Consolidation of funds.--The provisions of
Public Law 95-134, permitting the consolidation of
grants to the outlying areas, shall not apply to funds
those areas receive under this part.
[(b) Payments to Indians.--
[(1) In general.--The Secretary shall, subject to
this subsection, make payments to the Secretary of the
Interior to be distributed to tribes, tribal
organizations (as defined under section 4 of the Indian
Self-Determination and Education Assistance Act), or
consortia of the above entities for the coordination of
assistance in the provision of early intervention
services by the States to infants and toddlers with
disabilities and their families on reservations served
by elementary and secondary schools for Indian children
operated or funded by the Department of the Interior.
The amount of such payment for any fiscal year shall be
1.25 percent of the aggregate of the amount available
to all States under this part for such fiscal year.
[(2) Allocation.--For each fiscal year, the Secretary
of the Interior shall distribute the entire payment
received under paragraph (1) by providing to each
tribe, tribal organization, or consortium an amount
based on the number of infants and toddlers residing on
the reservation, as determined annually, divided by the
total of such children served by all tribes, tribal
organizations, or consortia.
[(3) Information.--To receive a payment under this
subsection, the tribe, tribal organization, or
consortium shall submit such information to the
Secretary of the Interior as is needed to determine the
amounts to be distributed under paragraph (2).
[(4) Use of funds.--The funds received by a tribe,
tribal organization, or consortium shall be used to
assist States in child find, screening, and other
procedures for the early identification of Indian
children under 3 years of age and for parent training.
Such funds may also be used to provide early
intervention services in accordance with this part.
Such activities may be carried out directly or through
contracts or cooperative agreements with the BIA, local
educational agencies, and other public or private
nonprofit organizations. The tribe, tribal
organization, or consortium is encouraged to involve
Indian parents in the development and implementation of
these activities. The above entities shall, as
appropriate, make referrals to local, State, or Federal
entities for the provision of services or further
diagnosis.
[(5) Reports.--To be eligible to receive a grant
under paragraph (2), a tribe, tribal organization, or
consortium shall make a biennial report to the
Secretary of the Interior of activities undertaken
under this subsection, including the number of
contracts and cooperative agreements entered into, the
number of children contacted and receiving services for
each year, and the estimated number of children needing
services during the 2 years following the year in which
the report is made. The Secretary of the Interior shall
include a summary of this information on a biennial
basis to the Secretary of Education along with such
other information as required under section
611(i)(3)(E). The Secretary of Education may require
any additional information from the Secretary of the
Interior.
[(6) Prohibited uses of funds.--None of the funds
under this subsection may be used by the Secretary of
the Interior for administrative purposes, including
child count, and the provision of technical assistance.
[(c) State Allotments.--
[(1) In general.--Except as provided in paragraphs
(2), (3), and (4), from the funds remaining for each
fiscal year after the reservation and payments under
subsections (a) and (b), the Secretary shall first
allot to each State an amount that bears the same ratio
to the amount of such remainder as the number of
infants and toddlers in the State bears to the number
of infants and toddlers in all States.
[(2) Minimum allotments.--Except as provided in
paragraphs (3) and (4), no State shall receive an
amount under this section for any fiscal year that is
less than the greatest of--
[(A) one-half of one percent of the remaining
amount described in paragraph (1); or
[(B) $500,000.
[(3) Special rule for 1998 and 1999.--
[(A) In general.--Except as provided in
paragraph (4), no State may receive an amount
under this section for either fiscal year 1998
or 1999 that is less than the sum of the
amounts such State received for fiscal year
1994 under--
[(i) part H (as in effect for such
fiscal year); and
[(ii) subpart 2 of part D of chapter
1 of title I of the Elementary and
Secondary Education Act of 1965 (as in
effect on the day before the date of
the enactment of the Improving
America's Schools Act of 1994) for
children with disabilities under 3
years of age.
[(B) Exception.--If, for fiscal year 1998 or
1999, the number of infants and toddlers in a
State, as determined under paragraph (1), is
less than the number of infants and toddlers so
determined for fiscal year 1994, the amount
determined under subparagraph (A) for the State
shall be reduced by the same percentage by
which the number of such infants and toddlers
so declined.
[(4) Ratable reduction.--
[(A) In general.--If the sums made available
under this part for any fiscal year are
insufficient to pay the full amounts that all
States are eligible to receive under this
subsection for such year, the Secretary shall
ratably reduce the allotments to such States
for such year.
[(B) Additional funds.--If additional funds
become available for making payments under this
subsection for a fiscal year, allotments that
were reduced under subparagraph (A) shall be
increased on the same basis they were reduced.
[(5) Definitions.--For the purpose of this
subsection--
[(A) the terms ``infants'' and ``toddlers''
mean children under 3 years of age; and
[(B) the term ``State'' means each of the 50
States, the District of Columbia, and the
Commonwealth of Puerto Rico.
[(d) Reallotment of Funds.--If a State elects not to receive
its allotment under subsection (c), the Secretary shall
reallot, among the remaining States, amounts from such State in
accordance with such subsection.
[SEC. 644. FEDERAL INTERAGENCY COORDINATING COUNCIL.
[(a) Establishment and Purpose.--
[(1) In general.--The Secretary shall establish a
Federal Interagency Coordinating Council in order to--
[(A) minimize duplication of programs and
activities across Federal, State, and local
agencies, relating to--
[(i) early intervention services for
infants and toddlers with disabilities
(including at-risk infants and
toddlers) and their families; and
[(ii) preschool or other appropriate
services for children with
disabilities;
[(B) ensure the effective coordination of
Federal early intervention and preschool
programs and policies across Federal agencies;
[(C) coordinate the provision of Federal
technical assistance and support activities to
States;
[(D) identify gaps in Federal agency programs
and services; and
[(E) identify barriers to Federal interagency
cooperation.
[(2) Appointments.--The council established under
paragraph (1) (hereafter in this section referred to as
the ``Council'') and the chairperson of the Council
shall be appointed by the Secretary in consultation
with other appropriate Federal agencies. In making the
appointments, the Secretary shall ensure that each
member has sufficient authority to engage in policy
planning and implementation on behalf of the
department, agency, or program that the member
represents.
[(b) Composition.--The Council shall be composed of--
[(1) a representative of the Office of Special
Education Programs;
[(2) a representative of the National Institute on
Disability and Rehabilitation Research and a
representative of the Office of Educational Research
and Improvement;
[(3) a representative of the Maternal and Child
Health Services Block Grant Program;
[(4) a representative of programs administered under
the Developmental Disabilities Assistance and Bill of
Rights Act of 2000;
[(5) a representative of the Health Care Financing
Administration;
[(6) a representative of the Division of Birth
Defects and Developmental Disabilities of the Centers
for Disease Control;
[(7) a representative of the Social Security
Administration;
[(8) a representative of the special supplemental
nutrition program for women, infants, and children of
the Department of Agriculture;
[(9) a representative of the National Institute of
Mental Health;
[(10) a representative of the National Institute of
Child Health and Human Development;
[(11) a representative of the Bureau of Indian
Affairs of the Department of the Interior;
[(12) a representative of the Indian Health Service;
[(13) a representative of the Surgeon General;
[(14) a representative of the Department of Defense;
[(15) a representative of the Children's Bureau, and
a representative of the Head Start Bureau, of the
Administration for Children and Families;
[(16) a representative of the Substance Abuse and
Mental Health Services Administration;
[(17) a representative of the Pediatric AIDS Health
Care Demonstration Program in the Public Health
Service;
[(18) parents of children with disabilities age 12 or
under (who shall constitute at least 20 percent of the
members of the Council), of whom at least one must have
a child with a disability under the age of 6;
[(19) at least two representatives of State lead
agencies for early intervention services to infants and
toddlers, one of whom must be a representative of a
State educational agency and the other a representative
of a non-educational agency;
[(20) other members representing appropriate agencies
involved in the provision of, or payment for, early
intervention services and special education and related
services to infants and toddlers with disabilities and
their families and preschool children with
disabilities; and
[(21) other persons appointed by the Secretary.
[(c) Meetings.--The Council shall meet at least quarterly and
in such places as the Council deems necessary. The meetings
shall be publicly announced, and, to the extent appropriate,
open and accessible to the general public.
[(d) Functions of the Council.--The Council shall--
[(1) advise and assist the Secretary of Education,
the Secretary of Health and Human Services, the
Secretary of Defense, the Secretary of the Interior,
the Secretary of Agriculture, and the Commissioner of
Social Security in the performance of their
responsibilities related to serving children from birth
through age 5 who are eligible for services under this
part or under part B;
[(2) conduct policy analyses of Federal programs
related to the provision of early intervention services
and special educational and related services to infants
and toddlers with disabilities and their families, and
preschool children with disabilities, in order to
determine areas of conflict, overlap, duplication, or
inappropriate omission;
[(3) identify strategies to address issues described
in paragraph (2);
[(4) develop and recommend joint policy memoranda
concerning effective interagency collaboration,
including modifications to regulations, and the
elimination of barriers to interagency programs and
activities;
[(5) coordinate technical assistance and disseminate
information on best practices, effective program
coordination strategies, and recommendations for
improved early intervention programming for infants and
toddlers with disabilities and their families and
preschool children with disabilities; and
[(6) facilitate activities in support of States'
interagency coordination efforts.
[(e) Conflict of Interest.--No member of the Council shall
cast a vote on any matter that would provide direct financial
benefit to that member or otherwise give the appearance of a
conflict of interest under Federal law.
[(f ) Federal Advisory Committee Act.--The Federal Advisory
Committee Act (5 U.S.C. App.) shall not apply to the
establishment or operation of the Council.
[SEC. 645. AUTHORIZATION OF APPROPRIATIONS.
[For the purpose of carrying out this part, there are
authorized to be appropriated $400,000,000 for fiscal year 1998
and such sums as may be necessary for each of the fiscal years
1999 through 2002.
[PART D--NATIONAL ACTIVITIES TO IMPROVE EDUCATION OF CHILDREN WITH
DISABILITIES
[Subpart 1--State Program Improvement Grants for Children with
Disabilities
[SEC. 651. FINDINGS AND PURPOSE.
[(a) Findings.--The Congress finds the following:
[(1) States are responding with some success to
multiple pressures to improve educational and
transitional services and results for children with
disabilities in response to growing demands imposed by
ever-changing factors, such as demographics, social
policies, and labor and economic markets.
[(2) In order for States to address such demands and
to facilitate lasting systemic change that is of
benefit to all students, including children with
disabilities, States must involve local educational
agencies, parents, individuals with disabilities and
their families, teachers and other service providers,
and other interested individuals and organizations in
carrying out comprehensive strategies to improve
educational results for children with disabilities.
[(3) Targeted Federal financial resources are needed
to assist States, working in partnership with others,
to identify and make needed changes to address the
needs of children with disabilities into the next
century.
[(4) State educational agencies, in partnership with
local educational agencies and other individuals and
organizations, are in the best position to identify and
design ways to meet emerging and expanding demands to
improve education for children with disabilities and to
address their special needs.
[(5) Research, demonstration, and practice over the
past 20 years in special education and related
disciplines have built a foundation of knowledge on
which State and local systemic-change activities can
now be based.
[(6) Such research, demonstration, and practice in
special education and related disciplines have
demonstrated that an effective educational system now
and in the future must--
[(A) maintain high academic standards and
clear performance goals for children with
disabilities, consistent with the standards and
expectations for all students in the
educational system, and provide for appropriate
and effective strategies and methods to ensure
that students who are children with
disabilities have maximum opportunities to
achieve those standards and goals;
[(B) create a system that fully addresses the
needs of all students, including children with
disabilities, by addressing the needs of
children with disabilities in carrying out
educational reform activities;
[(C) clearly define, in measurable terms, the
school and post-school results that children
with disabilities are expected to achieve;
[(D) promote service integration, and the
coordination of State and local education,
social, health, mental health, and other
services, in addressing the full range of
student needs, particularly the needs of
children with disabilities who require
significant levels of support to maximize their
participation and learning in school and the
community;
[(E) ensure that children with disabilities
are provided assistance and support in making
transitions as described in section
674(b)(3)(C);
[(F) promote comprehensive programs of
professional development to ensure that the
persons responsible for the education or a
transition of children with disabilities
possess the skills and knowledge necessary to
address the educational and related needs of
those children;
[(G) disseminate to teachers and other
personnel serving children with disabilities
research-based knowledge about successful
teaching practices and models and provide
technical assistance to local educational
agencies and schools on how to improve results
for children with disabilities;
[(H) create school-based disciplinary
strategies that will be used to reduce or
eliminate the need to use suspension and
expulsion as disciplinary options for children
with disabilities;
[(I) establish placement-neutral funding
formulas and cost-effective strategies for
meeting the needs of children with
disabilities; and
[(J) involve individuals with disabilities
and parents of children with disabilities in
planning, implementing, and evaluating
systemic-change activities and educational
reforms.
[(b) Purpose.--The purpose of this subpart is to assist State
educational agencies, and their partners referred to in section
652(b), in reforming and improving their systems for providing
educational, early intervention, and transitional services,
including their systems for professional development, technical
assistance, and dissemination of knowledge about best
practices, to improve results for children with disabilities.
[SEC. 652. ELIGIBILITY AND COLLABORATIVE PROCESS.
[(a) Eligible Applicants.--A State educational agency may
apply for a grant under this subpart for a grant period of not
less than 1 year and not more than 5 years.
[(b) Partners.--
[(1) Required partners.--
[(A) Contractual partners.--In order to be
considered for a grant under this subpart, a
State educational agency shall establish a
partnership with local educational agencies and
other State agencies involved in, or concerned
with, the education of children with
disabilities.
[(B) Other partners.--In order to be
considered for a grant under this subpart, a
State educational agency shall work in
partnership with other persons and
organizations involved in, and concerned with,
the education of children with disabilities,
including--
[(i) the Governor;
[(ii) parents of children with
disabilities;
[(iii) parents of nondisabled
children;
[(iv) individuals with disabilities;
[(v) organizations representing
individuals with disabilities and their
parents, such as parent training and
information centers;
[(vi) community-based and other
nonprofit organizations involved in the
education and employment of individuals
with disabilities;
[(vii) the lead State agency for part
C;
[(viii) general and special education
teachers, and early intervention
personnel;
[(ix) the State advisory panel
established under part C;
[(x) the State interagency
coordinating council established under
part C; and
[(xi) institutions of higher
education within the State.
[(2) Optional partners.--A partnership under
subparagraph (A) or (B) of paragraph (1) may also
include--
[(A) individuals knowledgeable about
vocational education;
[(B) the State agency for higher education;
[(C) the State vocational rehabilitation
agency;
[(D) public agencies with jurisdiction in the
areas of health, mental health, social
services, and juvenile justice; and
[(E) other individuals.
[SEC. 653. APPLICATIONS.
[(a) In General.--
[(1) Submission.--A State educational agency that
desires to receive a grant under this subpart shall
submit to the Secretary an application at such time, in
such manner, and including such information as the
Secretary may require.
[(2) State improvement plan.--The application shall
include a State improvement plan that--
[(A) is integrated, to the maximum extent
possible, with State plans under the Elementary
and Secondary Education Act of 1965 and the
Rehabilitation Act of 1973, as appropriate; and
[(B) meets the requirements of this section.
[(b) Determining Child and Program Needs.--
[(1) In general.--Each State improvement plan shall
identify those critical aspects of early intervention,
general education, and special education programs
(including professional development, based on an
assessment of State and local needs) that must be
improved to enable children with disabilities to meet
the goals established by the State under section
612(a)(16).
[(2) Required analyses.--To meet the requirement of
paragraph (1), the State improvement plan shall include
at least--
[(A) an analysis of all information,
reasonably available to the State educational
agency, on the performance of children with
disabilities in the State, including--
[(i) their performance on State
assessments and other performance
indicators established for all
children, including drop-out rates and
graduation rates;
[(ii) their participation in
postsecondary education and employment;
and
[(iii) how their performance on the
assessments and indicators described in
clause (i) compares to that of non-
disabled children;
[(B) an analysis of State and local needs for
professional development for personnel to serve
children with disabilities that includes, at a
minimum--
[(i) the number of personnel
providing special education and related
services; and
[(ii) relevant information on current
and anticipated personnel vacancies and
shortages (including the number of
individuals described in clause (i)
with temporary certification), and on
the extent of certification or
retraining necessary to eliminate such
shortages, that is based, to the
maximum extent possible, on existing
assessments of personnel needs;
[(C) an analysis of the major findings of the
Secretary's most recent reviews of State
compliance, as they relate to improving results
for children with disabilities; and
[(D) an analysis of other information,
reasonably available to the State, on the
effectiveness of the State's systems of early
intervention, special education, and general
education in meeting the needs of children with
disabilities.
[(c) Improvement Strategies.--Each State improvement plan
shall--
[(1) describe a partnership agreement that--
[(A) specifies--
[(i) the nature and extent of the
partnership among the State educational
agency, local educational agencies, and
other State agencies involved in, or
concerned with, the education of
children with disabilities, and the
respective roles of each member of the
partnership; and
[(ii) how such agencies will work in
partnership with other persons and
organizations involved in, and
concerned with, the education of
children with disabilities, including
the respective roles of each of these
persons and organizations; and
[(B) is in effect for the period of the
grant;
[(2) describe how grant funds will be used in
undertaking the systemic-change activities, and the
amount and nature of funds from any other sources,
including part B funds retained for use at the State
level under sections 611(f ) and 619(d), that will be
committed to the systemic-change activities;
[(3) describe the strategies the State will use to
address the needs identified under subsection (b),
including--
[(A) how the State will change State policies
and procedures to address systemic barriers to
improving results for children with
disabilities;
[(B) how the State will hold local
educational agencies and schools accountable
for educational progress of children with
disabilities;
[(C) how the State will provide technical
assistance to local educational agencies and
schools to improve results for children with
disabilities;
[(D) how the State will address the
identified needs for in-service and pre-service
preparation to ensure that all personnel who
work with children with disabilities (including
both professional and paraprofessional
personnel who provide special education,
general education, related services, or early
intervention services) have the skills and
knowledge necessary to meet the needs of
children with disabilities, including a
description of how--
[(i) the State will prepare general
and special education personnel with
the content knowledge and collaborative
skills needed to meet the needs of
children with disabilities, including
how the State will work with other
States on common certification
criteria;
[(ii) the State will prepare
professionals and paraprofessionals in
the area of early intervention with the
content knowledge and collaborative
skills needed to meet the needs of
infants and toddlers with disabilities;
[(iii) the State will work with
institutions of higher education and
other entities that (on both a pre-
service and an in-service basis)
prepare personnel who work with
children with disabilities to ensure
that those institutions and entities
develop the capacity to support quality
professional development programs that
meet State and local needs;
[(iv) the State will work to develop
collaborative agreements with other
States for the joint support and
development of programs to prepare
personnel for which there is not
sufficient demand within a single State
to justify support or development of
such a program of preparation;
[(v) the State will work in
collaboration with other States,
particularly neighboring States, to
address the lack of uniformity and
reciprocity in the credentialing of
teachers and other personnel;
[(vi) the State will enhance the
ability of teachers and others to use
strategies, such as behavioral
interventions, to address the conduct
of children with disabilities that
impedes the learning of children with
disabilities and others;
[(vii) the State will acquire and
disseminate, to teachers,
administrators, school board members,
and related services personnel,
significant knowledge derived from
educational research and other sources,
and how the State will, when
appropriate, adopt promising practices,
materials, and technology;
[(viii) the State will recruit,
prepare, and retain qualified
personnel, including personnel with
disabilities and personnel from groups
that are underrepresented in the fields
of regular education, special
education, and related services;
[(ix) the plan is integrated, to the
maximum extent possible, with other
professional development plans and
activities, including plans and
activities developed and carried out
under other Federal and State laws that
address personnel recruitment and
training; and
[(x) the State will provide for the
joint training of parents and special
education, related services, and
general education personnel;
[(E) strategies that will address systemic
problems identified in Federal compliance
reviews, including shortages of qualified
personnel;
[(F) how the State will disseminate results
of the local capacity-building and improvement
projects funded under section 611(f )(4);
[(G) how the State will address improving
results for children with disabilities in the
geographic areas of greatest need; and
[(H) how the State will assess, on a regular
basis, the extent to which the strategies
implemented under this subpart have been
effective; and
[(4) describe how the improvement strategies
described in paragraph (3) will be coordinated with
public and private sector resources.
[(d) Competitive Awards.--
[(1) In general.--The Secretary shall make grants
under this subpart on a competitive basis.
[(2) Priority.--The Secretary may give priority to
applications on the basis of need, as indicated by such
information as the findings of Federal compliance
reviews.
[(e) Peer Review.--
[(1) In general.--The Secretary shall use a panel of
experts who are competent, by virtue of their training,
expertise, or experience, to evaluate applications
under this subpart.
[(2) Composition of panel.--A majority of a panel
described in paragraph (1) shall be composed of
individuals who are not employees of the Federal
Government.
[(3) Payment of fees and expenses of certain
members.--The Secretary may use available funds
appropriated to carry out this subpart to pay the
expenses and fees of panel members who are not
employees of the Federal Government.
[(f ) Reporting Procedures.--Each State educational agency
that receives a grant under this subpart shall submit
performance reports to the Secretary pursuant to a schedule to
be determined by the Secretary, but not more frequently than
annually. The reports shall describe the progress of the State
in meeting the performance goals established under section
612(a)(16), analyze the effectiveness of the State's strategies
in meeting those goals, and identify any changes in the
strategies needed to improve its performance.
[SEC. 654. USE OF FUNDS.
[(a) In General.--
[(1) Activities.--A State educational agency that
receives a grant under this subpart may use the grant
to carry out any activities that are described in the
State's application and that are consistent with the
purpose of this subpart.
[(2) Contracts and subgrants.--Each such State
educational agency--
[(A) shall, consistent with its partnership
agreement under section 652(b), award contracts
or subgrants to local educational agencies,
institutions of higher education, and parent
training and information centers, as
appropriate, to carry out its State improvement
plan under this subpart; and
[(B) may award contracts and subgrants to
other public and private entities, including
the lead agency under part C, to carry out such
plan.
[(b) Use of Funds for Professional Development.--A State
educational agency that receives a grant under this subpart--
[(1) shall use not less than 75 percent of the funds
it receives under the grant for any fiscal year--
[(A) to ensure that there are sufficient
regular education, special education, and
related services personnel who have the skills
and knowledge necessary to meet the needs of
children with disabilities and developmental
goals of young children; or
[(B) to work with other States on common
certification criteria; or
[(2) shall use not less than 50 percent of such funds
for such purposes, if the State demonstrates to the
Secretary's satisfaction that it has the personnel
described in paragraph (1)(A).
[(c) Grants to Outlying Areas.--Public Law 95-134, permitting
the consolidation of grants to the outlying areas, shall not
apply to funds received under this subpart.
[SEC. 655. MINIMUM STATE GRANT AMOUNTS.
[(a) In General.--The Secretary shall make a grant to each
State educational agency whose application the Secretary has
selected for funding under this subpart in an amount for each
fiscal year that is--
[(1) not less than $500,000, nor more than
$2,000,000, in the case of the 50 States, the District
of Columbia, and the Commonwealth of Puerto Rico; and
[(2) not less than $80,000, in the case of an
outlying area.
[(b) Inflation Adjustment.--Beginning with fiscal year 1999,
the Secretary may increase the maximum amount described in
subsection (a)(1) to account for inflation.
[(c) Factors.--The Secretary shall set the amount of each
grant under subsection (a) after considering--
[(1) the amount of funds available for making the
grants;
[(2) the relative population of the State or outlying
area; and
[(3) the types of activities proposed by the State or
outlying area.
[SEC. 656. AUTHORIZATION OF APPROPRIATIONS.
[There are authorized to be appropriated to carry out this
subpart such sums as may be necessary for each of the fiscal
years 1998 through 2002.
[Subpart 2--Coordinated Research, Personnel Preparation, Technical
Assistance, Support, and Dissemination of Information
[SEC. 661. ADMINISTRATIVE PROVISIONS.
[(a) Comprehensive Plan.--
[(1) In general.--The Secretary shall develop and
implement a comprehensive plan for activities carried
out under this subpart in order to enhance the
provision of educational, related, transitional, and
early intervention services to children with
disabilities under parts B and C. The plan shall
include mechanisms to address educational, related
services, transitional, and early intervention needs
identified by State educational agencies in
applications submitted for State program improvement
grants under subpart 1.
[(2) Participants in plan development.--In developing
the plan described in paragraph (1), the Secretary
shall consult with--
[(A) individuals with disabilities;
[(B) parents of children with disabilities;
[(C) appropriate professionals; and
[(D) representatives of State and local
educational agencies, private schools,
institutions of higher education, other Federal
agencies, the National Council on Disability,
and national organizations with an interest in,
and expertise in, providing services to
children with disabilities and their families.
[(3) Public comment.--The Secretary shall take public
comment on the plan.
[(4) Distribution of funds.--In implementing the
plan, the Secretary shall, to the extent appropriate,
ensure that funds are awarded to recipients under this
subpart to carry out activities that benefit, directly
or indirectly, children with disabilities of all ages.
[(5) Reports to congress.--The Secretary shall
periodically report to the Congress on the Secretary's
activities under this subsection, including an initial
report not later than the date that is 18 months after
the date of the enactment of the Individuals with
Disabilities Education Act Amendments of 1997.
[(b) Eligible Applicants.--
[(1) In general.--Except as otherwise provided in
this subpart, the following entities are eligible to
apply for a grant, contract, or cooperative agreement
under this subpart:
[(A) A State educational agency.
[(B) A local educational agency.
[(C) An institution of higher education.
[(D) Any other public agency.
[(E) A private nonprofit organization.
[(F) An outlying area.
[(G) An Indian tribe or a tribal organization
(as defined under section 4 of the Indian Self-
Determination and Education Assistance Act).
[(H) A for-profit organization, if the
Secretary finds it appropriate in light of the
purposes of a particular competition for a
grant, contract, or cooperative agreement under
this subpart.
[(2) Special rule.--The Secretary may limit the
entities eligible for an award of a grant, contract, or
cooperative agreement to one or more categories of
eligible entities described in paragraph (1).
[(c) Use of Funds by Secretary.--Notwithstanding any other
provision of law, and in addition to any authority granted the
Secretary under chapter 1 or chapter 2, the Secretary may use
up to 20 percent of the funds available under either chapter 1
or chapter 2 for any fiscal year to carry out any activity, or
combination of activities, subject to such conditions as the
Secretary determines are appropriate effectively to carry out
the purposes of such chapters, that--
[(1) is consistent with the purposes of chapter 1,
chapter 2, or both; and
[(2) involves--
[(A) research;
[(B) personnel preparation;
[(C) parent training and information;
[(D) technical assistance and dissemination;
[(E) technology development, demonstration,
and utilization; or
[(F) media services.
[(d) Special Populations.--
[(1) Application requirement.--In making an award of
a grant, contract, or cooperative agreement under this
subpart, the Secretary shall, as appropriate, require
an applicant to demonstrate how the applicant will
address the needs of children with disabilities from
minority backgrounds.
[(2) Outreach and technical assistance.--
[(A) Requirement.--Notwithstanding any other
provision of this Act, the Secretary shall
ensure that at least one percent of the total
amount of funds appropriated to carry out this
subpart is used for either or both of the
following activities:
[(i) To provide outreach and
technical assistance to Historically
Black Colleges and Universities, and to
institutions of higher education with
minority enrollments of at least 25
percent, to promote the participation
of such colleges, universities, and
institutions in activities under this
subpart.
[(ii) To enable Historically Black
Colleges and Universities, and the
institutions described in clause (i),
to assist other colleges, universities,
institutions, and agencies in improving
educational and transitional results
for children with disabilities.
[(B) Reservation of funds.--The Secretary may
reserve funds appropriated under this subpart
to satisfy the requirement of subparagraph (A).
[(e) Priorities.--
[(1) In general.--Except as otherwise explicitly
authorized in this subpart, the Secretary shall ensure
that a grant, contract, or cooperative agreement under
chapter 1 or 2 is awarded only--
[(A) for activities that are designed to
benefit children with disabilities, their
families, or the personnel employed to work
with such children or their families; or
[(B) to benefit other individuals with
disabilities that such chapter is intended to
benefit.
[(2) Priority for particular activities.--Subject to
paragraph (1), the Secretary, in making an award of a
grant, contract, or cooperative agreement under this
subpart, may, without regard to the rule making
procedures under section 553 of title 5, United States
Code, limit competitions to, or otherwise give priority
to--
[(A) projects that address one or more--
[(i) age ranges;
[(ii) disabilities;
[(iii) school grades;
[(iv) types of educational placements
or early intervention environments;
[(v) types of services;
[(vi) content areas, such as reading;
or
[(vii) effective strategies for
helping children with disabilities
learn appropriate behavior in the
school and other community-based
educational settings;
[(B) projects that address the needs of
children based on the severity of their
disability;
[(C) projects that address the needs of--
[(i) low-achieving students;
[(ii) underserved populations;
[(iii) children from low-income
families;
[(iv) children with limited English
proficiency;
[(v) unserved and underserved areas;
[(vi) particular types of geographic
areas; or
[(vii) children whose behavior
interferes with their learning and
socialization;
[(D) projects to reduce inappropriate
identification of children as children with
disabilities, particularly among minority
children;
[(E) projects that are carried out in
particular areas of the country, to ensure
broad geographic coverage; and
[(F) any activity that is expressly
authorized in chapter 1 or 2.
[(f ) Applicant and Recipient Responsibilities.--
[(1) Development and assessment of projects.--The
Secretary shall require that an applicant for, and a
recipient of, a grant, contract, or cooperative
agreement for a project under this subpart--
[(A) involve individuals with disabilities or
parents of individuals with disabilities in
planning, implementing, and evaluating the
project; and
[(B) where appropriate, determine whether the
project has any potential for replication and
adoption by other entities.
[(2) Additional responsibilities.--The Secretary may
require a recipient of a grant, contract, or
cooperative agreement for a project under this
subpart--
[(A) to share in the cost of the project;
[(B) to prepare the research and evaluation
findings and products from the project in
formats that are useful for specific audiences,
including parents, administrators, teachers,
early intervention personnel, related services
personnel, and individuals with disabilities;
[(C) to disseminate such findings and
products; and
[(D) to collaborate with other such
recipients in carrying out subparagraphs (B)
and (C).
[(g) Application Management.--
[(1) Standing panel.--
[(A) In general.--The Secretary shall
establish and use a standing panel of experts
who are competent, by virtue of their training,
expertise, or experience, to evaluate
applications under this subpart that,
individually, request more than $75,000 per
year in Federal financial assistance.
[(B) Membership.--The standing panel shall
include, at a minimum--
[(i) individuals who are
representatives of institutions of
higher education that plan, develop,
and carry out programs of personnel
preparation;
[(ii) individuals who design and
carry out programs of research targeted
to the improvement of special education
programs and services;
[(iii) individuals who have
recognized experience and knowledge
necessary to integrate and apply
research findings to improve
educational and transitional results
for children with disabilities;
[(iv) individuals who administer
programs at the State or local level in
which children with disabilities
participate;
[(v) individuals who prepare parents
of children with disabilities to
participate in making decisions about
the education of their children;
[(vi) individuals who establish
policies that affect the delivery of
services to children with disabilities;
[(vii) individuals who are parents of
children with disabilities who are
benefiting, or have benefited, from
coordinated research, personnel
preparation, and technical assistance;
and
[(viii) individuals with
disabilities.
[(C) Training.--The Secretary shall provide
training to the individuals who are selected as
members of the standing panel under this
paragraph.
[(D) Term.--No individual shall serve on the
standing panel for more than 3 consecutive
years, unless the Secretary determines that the
individual's continued participation is
necessary for the sound administration of this
subpart.
[(2) Peer-review panels for particular
competitions.--
[(A) Composition.--The Secretary shall ensure
that each sub-panel selected from the standing
panel that reviews applications under this
subpart includes--
[(i) individuals with knowledge and
expertise on the issues addressed by
the activities authorized by the
subpart; and
[(ii) to the extent practicable,
parents of children with disabilities,
individuals with disabilities, and
persons from diverse backgrounds.
[(B) Federal employment limitation.--A
majority of the individuals on each sub-panel
that reviews an application under this subpart
shall be individuals who are not employees of
the Federal Government.
[(3) Use of discretionary funds for administrative
purposes.--
[(A) Expenses and fees of non-federal panel
members.--The Secretary may use funds available
under this subpart to pay the expenses and fees
of the panel members who are not officers or
employees of the Federal Government.
[(B) Administrative support.--The Secretary
may use not more than 1 percent of the funds
appropriated to carry out this subpart to pay
non-Federal entities for administrative support
related to management of applications submitted
under this subpart.
[(C) Monitoring.--The Secretary may use funds
available under this subpart to pay the
expenses of Federal employees to conduct on-
site monitoring of projects receiving $500,000
or more for any fiscal year under this subpart.
[(h) Program Evaluation.--The Secretary may use funds
appropriated to carry out this subpart to evaluate activities
carried out under the subpart.
[(i) Minimum Funding Required.--
[(1) In general.--Subject to paragraph (2), the
Secretary shall ensure that, for each fiscal year, at
least the following amounts are provided under this
subpart to address the following needs:
[(A) $12,832,000 to address the educational,
related services, transitional, and early
intervention needs of children with deaf-
blindness.
[(B) $4,000,000 to address the postsecondary,
vocational, technical, continuing, and adult
education needs of individuals with deafness.
[(C) $4,000,000 to address the educational,
related services, and transitional needs of
children with an emotional disturbance and
those who are at risk of developing an
emotional disturbance.
[(2) Ratable reduction.--If the total amount
appropriated to carry out sections 672, 673, and 685
for any fiscal year is less than $130,000,000, the
amounts listed in paragraph (1) shall be ratably
reduced.
[(j) Eligibility for Financial Assistance.--Effective for
fiscal years for which the Secretary may make grants under
section 619(b), no State or local educational agency or
educational service agency or other public institution or
agency may receive a grant under this subpart which relates
exclusively to programs, projects, and activities pertaining to
children aged 3 through 5, inclusive, unless the State is
eligible to receive a grant under section 619[(b).
[Chapter 1--Improving Early Intervention, Educational, and Transitional
Services and Results for Children with Disabilities through Coordinated
Research and Personnel Preparation
[SEC. 671. FINDINGS AND PURPOSE.
[(a) Findings.--The Congress finds the following:
[(1) The Federal Government has an ongoing obligation
to support programs, projects, and activities that
contribute to positive results for children with
disabilities, enabling them--
[(A) to meet their early intervention,
educational, and transitional goals and, to the
maximum extent possible, educational standards
that have been established for all children;
and
[(B) to acquire the skills that will empower
them to lead productive and independent adult
lives.
[(2)(A) As a result of more than 20 years of Federal
support for research, demonstration projects, and
personnel preparation, there is an important knowledge
base for improving results for children with
disabilities.
[(B) Such knowledge should be used by States and
local educational agencies to design and implement
state-of-the-art educational systems that consider the
needs of, and include, children with disabilities,
especially in environments in which they can learn
along with their peers and achieve results measured by
the same standards as the results of their peers.
[(3)(A) Continued Federal support is essential for
the development and maintenance of a coordinated and
high-quality program of research, demonstration
projects, dissemination of information, and personnel
preparation.
[(B) Such support--
[(i) enables State educational agencies and
local educational agencies to improve their
educational systems and results for children
with disabilities;
[(ii) enables State and local agencies to
improve early intervention services and results
for infants and toddlers with disabilities and
their families; and
[(iii) enhances the opportunities for general
and special education personnel, related
services personnel, parents, and
paraprofessionals to participate in pre-service
and in-service training, to collaborate, and to
improve results for children with disabilities
and their families.
[(4) The Federal Government plays a critical role in
facilitating the availability of an adequate number of
qualified personnel--
[(A) to serve effectively the over 5,000,000
children with disabilities;
[(B) to assume leadership positions in
administrative and direct-service capacities
related to teacher training and research
concerning the provision of early intervention
services, special education, and related
services; and
[(C) to work with children with low-incidence
disabilities and their families.
[(5) The Federal Government performs the role
described in paragraph (4)--
[(A) by supporting models of personnel
development that reflect successful practice,
including strategies for recruiting, preparing,
and retaining personnel;
[(B) by promoting the coordination and
integration of--
[(i) personnel-development activities
for teachers of children with
disabilities; and
[(ii) other personnel-development
activities supported under Federal law,
including this chapter;
[(C) by supporting the development and
dissemination of information about teaching
standards; and
[(D) by promoting the coordination and
integration of personnel-development activities
through linkage with systemic-change activities
within States and nationally.
[(b) Purpose.--The purpose of this chapter is to provide
Federal funding for coordinated research, demonstration
projects, outreach, and personnel-preparation activities that--
[(1) are described in sections 672 through 674;
[(2) are linked with, and promote, systemic change;
and
[(3) improve early intervention, educational, and
transitional results for children with disabilities.
[SEC. 672. RESEARCH AND INNOVATION TO IMPROVE SERVICES AND RESULTS FOR
CHILDREN WITH DISABILITIES.
[(a) In General.--The Secretary shall make competitive grants
to, or enter into contracts or cooperative agreements with,
eligible entities to produce, and advance the use of,
knowledge--
[(1) to improve--
[(A) services provided under this Act,
including the practices of professionals and
others involved in providing such services to
children with disabilities; and
[(B) educational results for children with
disabilities;
[(2) to address the special needs of preschool-aged
children and infants and toddlers with disabilities,
including infants and toddlers who would be at risk of
having substantial developmental delays if early
intervention services were not provided to them;
[(3) to address the specific problems of over-
identification and under-identification of children
with disabilities;
[(4) to develop and implement effective strategies
for addressing inappropriate behavior of students with
disabilities in schools, including strategies to
prevent children with emotional and behavioral problems
from developing emotional disturbances that require the
provision of special education and related services;
[(5) to improve secondary and postsecondary education
and transitional services for children with
disabilities; and
[(6) to address the range of special education,
related services, and early intervention needs of
children with disabilities who need significant levels
of support to maximize their participation and learning
in school and in the community.
[(b) New Knowledge Production; Authorized Activities.--
[(1) In general.--In carrying out this section, the
Secretary shall support activities, consistent with the
objectives described in subsection (a), that lead to
the production of new knowledge.
[(2) Authorized activities.--Activities that may be
carried out under this subsection include activities
such as the following:
[(A) Expanding understanding of the
relationships between learning characteristics
of children with disabilities and the diverse
ethnic, cultural, linguistic, social, and
economic backgrounds of children with
disabilities and their families.
[(B) Developing or identifying innovative,
effective, and efficient curricula designs,
instructional approaches, and strategies, and
developing or identifying positive academic and
social learning opportunities, that--
[(i) enable children with
disabilities to make effective
transitions described in section
674(b)(3)(C) or transitions between
educational settings; and
[(ii) improve educational and
transitional results for children with
disabilities at all levels of the
educational system in which the
activities are carried out and, in
particular, that improve the progress
of the children, as measured by
assessments within the general
education curriculum involved.
[(C) Advancing the design of assessment tools
and procedures that will accurately and
efficiently determine the special
instructional, learning, and behavioral needs
of children with disabilities, especially
within the context of general education.
[(D) Studying and promoting improved
alignment and compatibility of general and
special education reforms concerned with
curricular and instructional reform, evaluation
and accountability of such reforms, and
administrative procedures.
[(E) Advancing the design, development, and
integration of technology, assistive technology
devices, media, and materials, to improve early
intervention, educational, and transitional
services and results for children with
disabilities.
[(F) Improving designs, processes, and
results of personnel preparation for personnel
who provide services to children with
disabilities through the acquisition of
information on, and implementation of,
research-based practices.
[(G) Advancing knowledge about the
coordination of education with health and
social services.
[(H) Producing information on the long-term
impact of early intervention and education on
results for individuals with disabilities
through large-scale longitudinal studies.
[(c) Integration of Research and Practice; Authorized
Activities.--
[(1) In general.--In carrying out this section, the
Secretary shall support activities, consistent with the
objectives described in subsection (a), that integrate
research and practice, including activities that
support State systemic-change and local capacity-
building and improvement efforts.
[(2) Authorized activities.--Activities that may be
carried out under this subsection include activities
such as the following:
[(A) Model demonstration projects to apply
and test research findings in typical service
settings to determine the usability,
effectiveness, and general applicability of
such research findings in such areas as
improving instructional methods, curricula, and
tools, such as textbooks and media.
[(B) Demonstrating and applying research-
based findings to facilitate systemic changes,
related to the provision of services to
children with disabilities, in policy,
procedure, practice, and the training and use
of personnel.
[(C) Promoting and demonstrating the
coordination of early intervention and
educational services for children with
disabilities with services provided by health,
rehabilitation, and social service agencies.
[(D) Identifying and disseminating solutions
that overcome systemic barriers to the
effective and efficient delivery of early
intervention, educational, and transitional
services to children with disabilities.
[(d) Improving the Use of Professional Knowledge; Authorized
Activities.--
[(1) In general.--In carrying out this section, the
Secretary shall support activities, consistent with the
objectives described in subsection (a), that improve
the use of professional knowledge, including activities
that support State systemic-change and local capacity-
building and improvement efforts.
[(2) Authorized activities.--Activities that may be
carried out under this subsection include activities
such as the following:
[(A) Synthesizing useful research and other
information relating to the provision of
services to children with disabilities,
including effective practices.
[(B) Analyzing professional knowledge bases
to advance an understanding of the
relationships, and the effectiveness of
practices, relating to the provision of
services to children with disabilities.
[(C) Ensuring that research and related
products are in appropriate formats for
distribution to teachers, parents, and
individuals with disabilities.
[(D) Enabling professionals, parents of
children with disabilities, and other persons,
to learn about, and implement, the findings of
research, and successful practices developed in
model demonstration projects, relating to the
provision of services to children with
disabilities.
[(E) Conducting outreach, and disseminating
information relating to successful approaches
to overcoming systemic barriers to the
effective and efficient delivery of early
intervention, educational, and transitional
services, to personnel who provide services to
children with disabilities.
[(e) Balance Among Activities and Age Ranges.--In carrying
out this section, the Secretary shall ensure that there is an
appropriate balance--
[(1) among knowledge production, integration of
research and practice, and use of professional
knowledge; and
[(2) across all age ranges of children with
disabilities.
[(f ) Applications.--An eligible entity that wishes to
receive a grant, or enter into a contract or cooperative
agreement, under this section shall submit an application to
the Secretary at such time, in such manner, and containing such
information as the Secretary may require.
[(g) Authorization of Appropriations.--There are authorized
to be appropriated to carry out this section such sums as may
be necessary for each of the fiscal years 1998 through 2002.
[SEC. 673. PERSONNEL PREPARATION TO IMPROVE SERVICES AND RESULTS FOR
CHILDREN WITH DISABILITIES.
[(a) In General.--The Secretary shall, on a competitive
basis, make grants to, or enter into contracts or cooperative
agreements with, eligible entities--
[(1) to help address State-identified needs for
qualified personnel in special education, related
services, early intervention, and regular education, to
work with children with disabilities; and
[(2) to ensure that those personnel have the skills
and knowledge, derived from practices that have been
determined, through research and experience, to be
successful, that are needed to serve those children.
[(b) Low-Incidence Disabilities; Authorized Activities.--
[(1) In general.--In carrying out this section, the
Secretary shall support activities, consistent with the
objectives described in subsection (a), that benefit
children with low-incidence disabilities.
[(2) Authorized activities.--Activities that may be
carried out under this subsection include activities
such as the following:
[(A) Preparing persons who--
[(i) have prior training in
educational and other related service
fields; and
[(ii) are studying to obtain degrees,
certificates, or licensure that will
enable them to assist children with
disabilities to achieve the objectives
set out in their individualized
education programs described in section
614(d), or to assist infants and
toddlers with disabilities to achieve
the outcomes described in their
individualized family service plans
described in section 636.
[(B) Providing personnel from various
disciplines with interdisciplinary training
that will contribute to improvement in early
intervention, educational, and transitional
results for children with disabilities.
[(C) Preparing personnel in the innovative
uses and application of technology to enhance
learning by children with disabilities through
early intervention, educational, and
transitional services.
[(D) Preparing personnel who provide services
to visually impaired or blind children to teach
and use Braille in the provision of services to
such children.
[(E) Preparing personnel to be qualified
educational interpreters, to assist children
with disabilities, particularly deaf and hard-
of-hearing children in school and school-
related activities and deaf and hard-of-hearing
infants and toddlers and preschool children in
early intervention and preschool programs.
[(F) Preparing personnel who provide services
to children with significant cognitive
disabilities and children with multiple
disabilities.
[(3) Definition.--As used in this section, the term
``low-incidence disability '' means--
[(A) a visual or hearing impairment, or
simultaneous visual and hearing impairments;
[(B) a significant cognitive impairment; or
[(C) any impairment for which a small number
of personnel with highly specialized skills and
knowledge are needed in order for children with
that impairment to receive early intervention
services or a free appropriate public
education.
[(4) Selection of recipients.--In selecting
recipients under this subsection, the Secretary may
give preference to applications that propose to prepare
personnel in more than one low-incidence disability,
such as deafness and blindness.
[(5) Preparation in use of braille.--The Secretary
shall ensure that all recipients of assistance under
this subsection who will use that assistance to prepare
personnel to provide services to visually impaired or
blind children that can appropriately be provided in
Braille will prepare those individuals to provide those
services in Braille.
[(c) Leadership Preparation; Authorized Activities.--
[(1) In general.--In carrying out this section, the
Secretary shall support leadership preparation
activities that are consistent with the objectives
described in subsection (a).
[(2) Authorized activities.--Activities that may be
carried out under this subsection include activities
such as the following:
[(A) Preparing personnel at the advanced
graduate, doctoral, and postdoctoral levels of
training to administer, enhance, or provide
services for children with disabilities.
[(B) Providing interdisciplinary training for
various types of leadership personnel,
including teacher preparation faculty,
administrators, researchers, supervisors,
principals, and other persons whose work
affects early intervention, educational, and
transitional services for children with
disabilities.
[(d) Projects of National Significance; Authorized
Activities.--
[(1) In general.--In carrying out this section, the
Secretary shall support activities, consistent with the
objectives described in subsection (a), that are of
national significance and have broad applicability.
[(2) Authorized activities.--Activities that may be
carried out under this subsection include activities
such as the following:
[(A) Developing and demonstrating effective
and efficient practices for preparing personnel
to provide services to children with
disabilities, including practices that address
any needs identified in the State's improvement
plan under part C;
[(B) Demonstrating the application of
significant knowledge derived from research and
other sources in the development of programs to
prepare personnel to provide services to
children with disabilities.
[(C) Demonstrating models for the preparation
of, and interdisciplinary training of, early
intervention, special education, and general
education personnel, to enable the personnel--
[(i) to acquire the collaboration
skills necessary to work within teams
to assist children with disabilities;
and
[(ii) to achieve results that meet
challenging standards, particularly
within the general education
curriculum.
[(D) Demonstrating models that reduce
shortages of teachers, and personnel from other
relevant disciplines, who serve children with
disabilities, through reciprocity arrangements
between States that are related to licensure
and certification.
[(E) Developing, evaluating, and
disseminating model teaching standards for
persons working with children with
disabilities.
[(F) Promoting the transferability, across
State and local jurisdictions, of licensure and
certification of teachers and administrators
working with such children.
[(G) Developing and disseminating models that
prepare teachers with strategies, including
behavioral interventions, for addressing the
conduct of children with disabilities that
impedes their learning and that of others in
the classroom.
[(H) Institutes that provide professional
development that addresses the needs of
children with disabilities to teachers or teams
of teachers, and where appropriate, to school
board members, administrators, principals,
pupil-service personnel, and other staff from
individual schools.
[(I) Projects to improve the ability of
general education teachers, principals, and
other administrators to meet the needs of
children with disabilities.
[(J) Developing, evaluating, and
disseminating innovative models for the
recruitment, induction, retention, and
assessment of new, qualified teachers,
especially from groups that are
underrepresented in the teaching profession,
including individuals with disabilities.
[(K) Supporting institutions of higher
education with minority enrollments of at least
25 percent for the purpose of preparing
personnel to work with children with
disabilities.
[(e) High-Incidence Disabilities; Authorized Activities.--
[(1) In general.--In carrying out this section, the
Secretary shall support activities, consistent with the
objectives described in subsection (a), to benefit
children with high-incidence disabilities, such as
children with specific learning disabilities, speech or
language impairment, or mental retardation.
[(2) Authorized activities.--Activities that may be
carried out under this subsection include the
following:
[(A) Activities undertaken by institutions of
higher education, local educational agencies,
and other local entities--
[(i) to improve and reform their
existing programs to prepare teachers
and related services personnel--
[(I) to meet the diverse
needs of children with
disabilities for early
intervention, educational, and
transitional services; and
[(II) to work collaboratively
in regular classroom settings;
and
[(ii) to incorporate best practices
and research-based knowledge about
preparing personnel so they will have
the knowledge and skills to improve
educational results for children with
disabilities.
[(B) Activities incorporating innovative
strategies to recruit and prepare teachers and
other personnel to meet the needs of areas in
which there are acute and persistent shortages
of personnel.
[(C) Developing career opportunities for
paraprofessionals to receive training as
special education teachers, related services
personnel, and early intervention personnel,
including interdisciplinary training to enable
them to improve early intervention,
educational, and transitional results for
children with disabilities.
[(f ) Applications.--
[(1) In general.--Any eligible entity that wishes to
receive a grant, or enter into a contract or
cooperative agreement, under this section shall submit
an application to the Secretary at such time, in such
manner, and containing such information as the
Secretary may require.
[(2) Identified state needs.--
[(A) Requirement to address identified
needs.--Any application under subsection (b),
(c), or (e) shall include information
demonstrating to the satisfaction of the
Secretary that the activities described in the
application will address needs identified by
the State or States the applicant proposes to
serve.
[(B) Cooperation with state educational
agencies.--Any applicant that is not a local
educational agency or a State educational
agency shall include information demonstrating
to the satisfaction of the Secretary that the
applicant and one or more State educational
agencies have engaged in a cooperative effort
to plan the project to which the application
pertains, and will cooperate in carrying out
and monitoring the project.
[(3) Acceptance by states of personnel preparation
requirements.--The Secretary may require applicants to
provide letters from one or more States stating that
the States--
[(A) intend to accept successful completion
of the proposed personnel preparation program
as meeting State personnel standards for
serving children with disabilities or serving
infants and toddlers with disabilities; and
[(B) need personnel in the area or areas in
which the applicant proposes to provide
preparation, as identified in the States'
comprehensive systems of personnel development
under parts B and C.
[(g) Selection of Recipients.--
[(1) Impact of project.--In selecting recipients
under this section, the Secretary may consider the
impact of the project proposed in the application in
meeting the need for personnel identified by the
States.
[(2) Requirement on applicants to meet state and
professional standards.--The Secretary shall make
grants under this section only to eligible applicants
that meet State and professionally-recognized standards
for the preparation of special education and related
services personnel, if the purpose of the project is to
assist personnel in obtaining degrees.
[(3) Preferences.--In selecting recipients under this
section, the Secretary may--
[(A) give preference to institutions of
higher education that are educating regular
education personnel to meet the needs of
children with disabilities in integrated
settings and educating special education
personnel to work in collaboration with regular
educators in integrated settings; and
[(B) give preference to institutions of
higher education that are successfully
recruiting and preparing individuals with
disabilities and individuals from groups that
are underrepresented in the profession for
which they are preparing individuals.
[(h) Service Obligation.--
[(1) In general.--Each application for funds under
subsections (b) and (e), and to the extent appropriate
subsection (d), shall include an assurance that the
applicant will ensure that individuals who receive a
scholarship under the proposed project will
subsequently provide special education and related
services to children with disabilities for a period of
2 years for every year for which assistance was
received or repay all or part of the cost of that
assistance, in accordance with regulations issued by
the Secretary.
[(2) Leadership preparation.--Each application for
funds under subsection (c) shall include an assurance
that the applicant will ensure that individuals who
receive a scholarship under the proposed project will
subsequently perform work related to their preparation
for a period of 2 years for every year for which
assistance was received or repay all or part of such
costs, in accordance with regulations issued by the
Secretary.
[(i) Scholarships.--The Secretary may include funds for
scholarships, with necessary stipends and allowances, in awards
under subsections (b), (c), (d), and (e).
[(j) Authorization of Appropriations.--There are authorized
to be appropriated to carry out this section such sums as may
be necessary for each of the fiscal years 1998 through 2002.
[SEC. 674. STUDIES AND EVALUATIONS.
[(a) Studies and Evaluations.--
[(1) In general.--The Secretary shall, directly or
through grants, contracts, or cooperative agreements,
assess the progress in the implementation of this Act,
including the effectiveness of State and local efforts
to provide--
[(A) a free appropriate public education to
children with disabilities; and
[(B) early intervention services to infants
and toddlers with disabilities and infants and
toddlers who would be at risk of having
substantial developmental delays if early
intervention services were not provided to
them.
[(2) Authorized activities.--In carrying out this
subsection, the Secretary may support studies,
evaluations, and assessments, including studies that--
[(A) analyze measurable impact, outcomes, and
results achieved by State educational agencies
and local educational agencies through their
activities to reform policies, procedures, and
practices designed to improve educational and
transitional services and results for children
with disabilities;
[(B) analyze State and local needs for
professional development, parent training, and
other appropriate activities that can reduce
the need for disciplinary actions involving
children with disabilities;
[(C) assess educational and transitional
services and results for children with
disabilities from minority backgrounds,
including--
[(i) data on--
[(I) the number of minority
children who are referred for
special education evaluation;
[(II) the number of minority
children who are receiving
special education and related
services and their educational
or other service placement; and
[(III) the number of minority
children who graduated from
secondary and postsecondary
education programs; and
[(ii) the performance of children
with disabilities from minority
backgrounds on State assessments and
other performance indicators
established for all students;
[(D) measure educational and transitional
services and results of children with
disabilities under this Act, including
longitudinal studies that--
[(i) examine educational and
transitional services and results for
children with disabilities who are 3
through 17 years of age and are
receiving special education and related
services under this Act, using a
national, representative sample of
distinct age cohorts and disability
categories; and
[(ii) examine educational results,
postsecondary placement, and employment
status of individuals with
disabilities, 18 through 21 years of
age, who are receiving or have received
special education and related services
under this Act; and
[(E) identify and report on the placement of
children with disabilities by disability
category.
[(b) National Assessment.--
[(1) In general.--The Secretary shall carry out a
national assessment of activities carried out with
Federal funds under this Act in order--
[(A) to determine the effectiveness of this
Act in achieving its purposes;
[(B) to provide information to the President,
the Congress, the States, local educational
agencies, and the public on how to implement
the Act more effectively; and
[(C) to provide the President and the
Congress with information that will be useful
in developing legislation to achieve the
purposes of this Act more effectively.
[(2) Consultation.--The Secretary shall plan, review,
and conduct the national assessment under this
subsection in consultation with researchers, State
practitioners, local practitioners, parents of children
with disabilities, individuals with disabilities, and
other appropriate individuals.
[(3) Scope of assessment.--The national assessment
shall examine how well schools, local educational
agencies, States, other recipients of assistance under
this Act, and the Secretary are achieving the purposes
of this Act, including--
[(A) improving the performance of children
with disabilities in general scholastic
activities and assessments as compared to
nondisabled children;
[(B) providing for the participation of
children with disabilities in the general
curriculum;
[(C) helping children with disabilities make
successful transitions from--
[(i) early intervention services to
preschool education;
[(ii) preschool education to
elementary school; and
[(iii) secondary school to adult
life;
[(D) placing and serving children with
disabilities, including minority children, in
the least restrictive environment appropriate;
[(E) preventing children with disabilities,
especially children with emotional disturbances
and specific learning disabilities, from
dropping out of school;
[(F) addressing behavioral problems of
children with disabilities as compared to
nondisabled children;
[(G) coordinating services provided under
this Act with each other, with other
educational and pupil services (including
preschool services), and with health and social
services funded from other sources;
[(H) providing for the participation of
parents of children with disabilities in the
education of their children; and
[(I) resolving disagreements between
education personnel and parents through
activities such as mediation.
[(4) Interim and final reports.--The Secretary shall
submit to the President and the Congress--
[(A) an interim report that summarizes the
preliminary findings of the assessment not
later than October 1, 1999; and
[(B) a final report of the findings of the
assessment not later than October 1, 2001.
[(c) Annual Report.--The Secretary shall report annually to
the Congress on--
[(1) an analysis and summary of the data reported by
the States and the Secretary of the Interior under
section 618;
[(2) the results of activities conducted under
subsection (a);
[(3) the findings and determinations resulting from
reviews of State implementation of this Act.
[(d) Technical Assistance to LEAS.--The Secretary shall
provide directly, or through grants, contracts, or cooperative
agreements, technical assistance to local educational agencies
to assist them in carrying out local capacity-building and
improvement projects under section 611(f )(4) and other LEA
systemic improvement activities under this Act.
[(e) Reservation for Studies and Technical Assistance.--
[(1) In general.--Except as provided in paragraph (2)
and notwithstanding any other provision of this Act,
the Secretary may reserve up to one-half of one percent
of the amount appropriated under parts B and C for each
fiscal year to carry out this section.
[(2) Maximum amount.--For the first fiscal year in
which the amount described in paragraph (1) is at least
$20,000,000, the maximum amount the Secretary may
reserve under paragraph (1) is $20,000,000. For each
subsequent fiscal year, the maximum amount the
Secretary may reserve under paragraph (1) is
$20,000,000, increased by the cumulative rate of
inflation since the fiscal year described in the
previous sentence.
[(3) Use of maximum amount.--In any fiscal year
described in paragraph (2) for which the Secretary
reserves the maximum amount described in that
paragraph, the Secretary shall use at least half of the
reserved amount for activities under subsection (d).
[Chapter 2--Improving Early Intervention, Educational, and Transitional
Services and Results for Children With Disabilities Through Coordinated
Technical Assistance, Support, and Dissemination of Information
[SEC. 681. FINDINGS AND PURPOSES.
[(a) In General.--The Congress finds as follows:
[(1) National technical assistance, support, and
dissemination activities are necessary to ensure that
parts B and C are fully implemented and achieve quality
early intervention, educational, and transitional
results for children with disabilities and their
families.
[(2) Parents, teachers, administrators, and related
services personnel need technical assistance and
information in a timely, coordinated, and accessible
manner in order to improve early intervention,
educational, and transitional services and results at
the State and local levels for children with
disabilities and their families.
[(3) Parent training and information activities have
taken on increased importance in efforts to assist
parents of a child with a disability in dealing with
the multiple pressures of rearing such a child and are
of particular importance in--
[(A) ensuring the involvement of such parents
in planning and decisionmaking with respect to
early intervention, educational, and
transitional services;
[(B) achieving quality early intervention,
educational, and transitional results for
children with disabilities;
[(C) providing such parents information on
their rights and protections under this Act to
ensure improved early intervention,
educational, and transitional results for
children with disabilities;
[(D) assisting such parents in the
development of skills to participate
effectively in the education and development of
their children and in the transitions described
in section 674(b)(3)(C); and
[(E) supporting the roles of such parents as
participants within partnerships seeking to
improve early intervention, educational, and
transitional services and results for children
with disabilities and their families.
[(4) Providers of parent training and information
activities need to ensure that such parents who have
limited access to services and supports, due to
economic, cultural, or linguistic barriers, are
provided with access to appropriate parent training and
information activities.
[(5) Parents of children with disabilities need
information that helps the parents to understand the
rights and responsibilities of their children under
part B.
[(6) The provision of coordinated technical
assistance and dissemination of information to State
and local agencies, institutions of higher education,
and other providers of services to children with
disabilities is essential in--
[(A) supporting the process of achieving
systemic change;
[(B) supporting actions in areas of priority
specific to the improvement of early
intervention, educational, and transitional
results for children with disabilities;
[(C) conveying information and assistance
that are--
[(i) based on current research (as of
the date the information and assistance
are conveyed);
[(ii) accessible and meaningful for
use in supporting systemic-change
activities of State and local
partnerships; and
[(iii) linked directly to improving
early intervention, educational, and
transitional services and results for
children with disabilities and their
families; and
[(D) organizing systems and information
networks for such information, based on modern
technology related to--
[(i) storing and gaining access to
information; and
[(ii) distributing information in a
systematic manner to parents, students,
professionals, and policymakers.
[(7) Federal support for carrying out technology
research, technology development, and educational media
services and activities has resulted in major
innovations that have significantly improved early
intervention, educational, and transitional services
and results for children with disabilities and their
families.
[(8) Such Federal support is needed--
[(A) to stimulate the development of
software, interactive learning tools, and
devices to address early intervention,
educational, and transitional needs of children
with disabilities who have certain
disabilities;
[(B) to make information available on
technology research, technology development,
and educational media services and activities
to individuals involved in the provision of
early intervention, educational, and
transitional services to children with
disabilities;
[(C) to promote the integration of technology
into curricula to improve early intervention,
educational, and transitional results for
children with disabilities;
[(D) to provide incentives for the
development of technology and media devices and
tools that are not readily found or available
because of the small size of potential markets;
[(E) to make resources available to pay for
such devices and tools and educational media
services and activities;
[(F) to promote the training of personnel--
[(i) to provide such devices, tools,
services, and activities in a competent
manner; and
[(ii) to assist children with
disabilities and their families in
using such devices, tools, services,
and activities; and
[(G) to coordinate the provision of such
devices, tools, services, and activities--
[(i) among State human services
programs; and
[(ii) between such programs and
private agencies.
[(b) Purposes.--The purposes of this chapter are to ensure
that--
[(1) children with disabilities, and their parents,
receive training and information on their rights and
protections under this Act, in order to develop the
skills necessary to effectively participate in planning
and decisionmaking relating to early intervention,
educational, and transitional services and in systemic-
change activities;
[(2) parents, teachers, administrators, early
intervention personnel, related services personnel, and
transition personnel receive coordinated and accessible
technical assistance and information to assist such
persons, through systemic-change activities and other
efforts, to improve early intervention, educational,
and transitional services and results for children with
disabilities and their families;
[(3) appropriate technology and media are researched,
developed, demonstrated, and made available in timely
and accessible formats to parents, teachers, and all
types of personnel providing services to children with
disabilities to support their roles as partners in the
improvement and implementation of early intervention,
educational, and transitional services and results for
children with disabilities and their families;
[(4) on reaching the age of majority under State law,
children with disabilities understand their rights and
responsibilities under part B, if the State provides
for the transfer of parental rights under section
615(m); and
[(5) the general welfare of deaf and hard-of-hearing
individuals is promoted by--
[(A) bringing to such individuals
understanding and appreciation of the films and
television programs that play an important part
in the general and cultural advancement of
hearing individuals;
[(B) providing, through those films and
television programs, enriched educational and
cultural experiences through which deaf and
hard-of-hearing individuals can better
understand the realities of their environment;
and
[(C) providing wholesome and rewarding
experiences that deaf and hard-of-hearing
individuals may share.
[SEC. 682. PARENT TRAINING AND INFORMATION CENTERS.
[(a) Program Authorized.--The Secretary may make grants to,
and enter into contracts and cooperative agreements with,
parent organizations to support parent training and information
centers to carry out activities under this section.
[(b) Required Activities.--Each parent training and
information center that receives assistance under this section
shall--
[(1) provide training and information that meets the
training and information needs of parents of children
with disabilities living in the area served by the
center, particularly underserved parents and parents of
children who may be inappropriately identified;
[(2) assist parents to understand the availability
of, and how to effectively use, procedural safeguards
under this Act, including encouraging the use, and
explaining the benefits, of alternative methods of
dispute resolution, such as the mediation process
described in section 615(e);
[(3) serve the parents of infants, toddlers, and
children with the full range of disabilities;
[(4) assist parents to--
[(A) better understand the nature of their
children's disabilities and their educational
and developmental needs;
[(B) communicate effectively with personnel
responsible for providing special education,
early intervention, and related services;
[(C) participate in decisionmaking processes
and the development of individualized education
programs under part B and individualized family
service plans under part C;
[(D) obtain appropriate information about the
range of options, programs, services, and
resources available to assist children with
disabilities and their families;
[(E) understand the provisions of this Act
for the education of, and the provision of
early intervention services to, children with
disabilities; and
[(F) participate in school reform activities;
[(5) in States where the State elects to contract
with the parent training and information center,
contract with State educational agencies to provide,
consistent with subparagraphs (B) and (D) of section
615(e)(2), individuals who meet with parents to explain
the mediation process to them;
[(6) network with appropriate clearinghouses,
including organizations conducting national
dissemination activities under section 685(d), and with
other national, State, and local organizations and
agencies, such as protection and advocacy agencies,
that serve parents and families of children with the
full range of disabilities; and
[(7) annually report to the Secretary on--
[(A) the number of parents to whom it
provided information and training in the most
recently concluded fiscal year; and
[(B) the effectiveness of strategies used to
reach and serve parents, including underserved
parents of children with disabilities.
[(c) Optional Activities.--A parent training and information
center that receives assistance under this section may--
[(1) provide information to teachers and other
professionals who provide special education and related
services to children with disabilities;
[(2) assist students with disabilities to understand
their rights and responsibilities under section 615(m)
on reaching the age of majority; and
[(3) assist parents of children with disabilities to
be informed participants in the development and
implementation of the State's State improvement plan
under subpart 1.
[(d) Application Requirements.--Each application for
assistance under this section shall identify with specificity
the special efforts that the applicant will undertake--
[(1) to ensure that the needs for training and
information of underserved parents of children with
disabilities in the area to be served are effectively
met; and
[(2) to work with community-based organizations.
[(e) Distribution of Funds.--
[(1) In general.--The Secretary shall make at least 1
award to a parent organization in each State, unless
the Secretary does not receive an application from such
an organization in each State of sufficient quality to
warrant approval.
[(2) Selection requirement.--The Secretary shall
select among applications submitted by parent
organizations in a State in a manner that ensures the
most effective assistance to parents, including parents
in urban and rural areas, in the State.
[(f ) Quarterly Review.--
[(1) Requirements.--
[(A) Meetings.--The board of directors or
special governing committee of each
organization that receives an award under this
section shall meet at least once in each
calendar quarter to review the activities for
which the award was made.
[(B) Advising board.--Each special governing
committee shall directly advise the
organization's governing board of its views and
recommendations.
[(2) Continuation award.--When an organization
requests a continuation award under this section, the
board of directors or special governing committee shall
submit to the Secretary a written review of the parent
training and information program conducted by the
organization during the preceding fiscal year.
[(g) Definition of Parent Organization.--As used in this
section, the term ``parent organization'' means a private
nonprofit organization (other than an institution of higher
education) that--
[(1) has a board of directors--
[(A) the majority of whom are parents of
children with disabilities;
[(B) that includes--
[(i) individuals working in the
fields of special education, related
services, and early intervention; and
[(ii) individuals with disabilities;
and
[(C) the parent and professional members of
which are broadly representative of the
population to be served; or
[(2) has--
[(A) a membership that represents the
interests of individuals with disabilities and
has established a special governing committee
that meets the requirements of paragraph (1);
and
[(B) a memorandum of understanding between
the special governing committee and the board
of directors of the organization that clearly
outlines the relationship between the board and
the committee and the decisionmaking
responsibilities and authority of each.
[SEC. 683. COMMUNITY PARENT RESOURCE CENTERS.
[(a) In General.--The Secretary may make grants to, and enter
into contracts and cooperative agreements with, local parent
organizations to support parent training and information
centers that will help ensure that underserved parents of
children with disabilities, including low-income parents,
parents of children with limited English proficiency, and
parents with disabilities, have the training and information
they need to enable them to participate effectively in helping
their children with disabilities--
[(1) to meet developmental goals and, to the maximum
extent possible, those challenging standards that have
been established for all children; and
[(2) to be prepared to lead productive independent
adult lives, to the maximum extent possible.
[(b) Required Activities.--Each parent training and
information center assisted under this section shall--
[(1) provide training and information that meets the
training and information needs of parents of children
with disabilities proposed to be served by the grant,
contract, or cooperative agreement;
[(2) carry out the activities required of parent
training and information centers under paragraphs (2)
through (7) of section 682(b);
[(3) establish cooperative partnerships with the
parent training and information centers funded under
section 682; and
[(4) be designed to meet the specific needs of
families who experience significant isolation from
available sources of information and support.
[(c) Definition.--As used is this section, the term ``local
parent organization'' means a parent organization, as defined
in section 682(g), that either--
[(1) has a board of directors the majority of whom
are from the community to be served; or
[(2) has--
[(A) as a part of its mission, serving the
interests of individuals with disabilities from
such community; and
[(B) a special governing committee to
administer the grant, contract, or cooperative
agreement, a majority of the members of which
are individuals from such community.
[SEC. 684. TECHNICAL ASSISTANCE FOR PARENT TRAINING AND INFORMATION
CENTERS.
[(a) In General.--The Secretary may, directly or through
awards to eligible entities, provide technical assistance for
developing, assisting, and coordinating parent training and
information programs carried out by parent training and
information centers receiving assistance under sections 682 and
683.
[(b) Authorized Activities.--The Secretary may provide
technical assistance to a parent training and information
center under this section in areas such as--
[(1) effective coordination of parent training
efforts;
[(2) dissemination of information;
[(3) evaluation by the center of itself;
[(4) promotion of the use of technology, including
assistive technology devices and assistive technology
services;
[(5) reaching underserved populations;
[(6) including children with disabilities in general
education programs;
[(7) facilitation of transitions from--
[(A) early intervention services to
preschool;
[(B) preschool to school; and
[(C) secondary school to postsecondary
environ-ments; and
[(8) promotion of alternative methods of dispute
resolution.
[SEC. 685. COORDINATED TECHNICAL ASSISTANCE AND DISSEMINATION.
[(a) In General.--The Secretary shall, by competitively
making grants or entering into contracts and cooperative
agreements with eligible entities, provide technical assistance
and information, through such mechanisms as institutes,
Regional Resource Centers, clearinghouses, and programs that
support States and local entities in building capacity, to
improve early intervention, educational, and transitional
services and results for children with disabilities and their
families, and address systemic-change goals and priorities.
[(b) Systemic Technical Assistance; Authorized Activities.--
[(1) In general.--In carrying out this section, the
Secretary shall carry out or support technical
assistance activities, consistent with the objectives
described in subsection (a), relating to systemic
change.
[(2) Authorized activities.--Activities that may be
carried out under this subsection include activities
such as the following:
[(A) Assisting States, local educational
agencies, and other participants in
partnerships established under subpart 1 with
the process of planning systemic changes that
will promote improved early intervention,
educational, and transitional results for
children with disabilities.
[(B) Promoting change through a multistate or
regional framework that benefits States, local
educational agencies, and other participants in
partnerships that are in the process of
achieving systemic-change outcomes.
[(C) Increasing the depth and utility of
information in ongoing and emerging areas of
priority need identified by States, local
educational agencies, and other participants in
partnerships that are in the process of
achieving systemic-change outcomes.
[(D) Promoting communication and information
exchange among States, local educational
agencies, and other participants in
partnerships, based on the needs and concerns
identified by the participants in the
partnerships, rather than on externally imposed
criteria or topics, regarding--
[(i) the practices, procedures, and
policies of the States, local
educational agencies, and other
participants in partnerships; and
[(ii) accountability of the States,
local educational agencies, and other
participants in partnerships for
improved early intervention,
educational, and transitional results
for children with disabilities.
[(c) Specialized Technical Assistance; Authorized
Activities.--
[(1) In general.--In carrying out this section, the
Secretary shall carry out or support activities,
consistent with the objectives described in subsection
(a), relating to areas of priority or specific
populations.
[(2) Authorized activities.--Examples of activities
that may be carried out under this subsection include
activities that--
[(A) focus on specific areas of high-priority
need that--
[(i) are identified by States, local
educational agencies, and other
participants in partnerships;
[(ii) require the development of new
knowledge, or the analysis and
synthesis of substantial bodies of
information not readily available to
the States, agencies, and other
participants in partnerships; and
[(iii) will contribute significantly
to the improvement of early
intervention, educational, and
transitional services and results for
children with disabilities and their
families;
[(B) focus on needs and issues that are
specific to a population of children with
disabilities, such as the provision of single-
State and multi-State technical assistance and
in-service training--
[(i) to schools and agencies serving
deaf-blind children and their families;
and
[(ii) to programs and agencies
serving other groups of children with
low-incidence disabilities and their
families; or
[(C) address the postsecondary education
needs of individuals who are deaf or hard-of-
hearing.
[(d) National Information Dissemination; Authorized
Activities.--
[(1) In general.--In carrying out this section, the
Secretary shall carry out or support information
dissemination activities that are consistent with the
objectives described in subsection (a), including
activities that address national needs for the
preparation and dissemination of information relating
to eliminating barriers to systemic-change and
improving early intervention, educational, and
transitional results for children with disabilities.
[(2) Authorized activities.--Examples of activities
that may be carried out under this subsection include
activities relating to--
[(A) infants and toddlers with disabilities
and their families, and children with
disabilities and their families;
[(B) services for populations of children
with low-incidence disabilities, including
deaf-blind children, and targeted age
groupings;
[(C) the provision of postsecondary services
to individuals with disabilities;
[(D) the need for and use of personnel to
provide services to children with disabilities,
and personnel recruitment, retention, and
preparation;
[(E) issues that are of critical interest to
State educational agencies and local
educational agencies, other agency personnel,
parents of children with disabilities, and
individuals with disabilities;
[(F) educational reform and systemic change
within States; and
[(G) promoting schools that are safe and
conducive to learning.
[(3) Linking states to information sources.--In
carrying out this subsection, the Secretary may support
projects that link States to technical assistance
resources, including special education and general
education resources, and may make research and related
products available through libraries, electronic
networks, parent training projects, and other
information sources.
[(e) Applications.--An eligible entity that wishes to receive
a grant, or enter into a contract or cooperative agreement,
under this section shall submit an application to the Secretary
at such time, in such manner, and containing such information
as the Secretary may require.
[SEC. 686. AUTHORIZATION OF APPROPRIATIONS.
[There are authorized to be appropriated to carry out
sections 681 through 685 such sums as may be necessary for each
of the fiscal years 1998 through 2002.
[SEC. 687. TECHNOLOGY DEVELOPMENT, DEMONSTRATION, AND UTILIZATION; AND
MEDIA SERVICES.
[(a) In General.--The Secretary shall competitively make
grants to, and enter into contracts and cooperative agreements
with, eligible entities to support activities described in
subsections (b) and (c).
[(b) Technology Development, Demonstration, and Utilization;
Authorized Activities.--
[(1) In general.--In carrying out this section, the
Secretary shall support activities to promote the
development, demonstration, and utilization of
technology.
[(2) Authorized activities.--Activities that may be
carried out under this subsection include activities
such as the following:
[(A) Conducting research and development
activities on the use of innovative and
emerging technologies for children with
disabilities.
[(B) Promoting the demonstration and use of
innovative and emerging technologies for
children with disabilities by improving and
expanding the transfer of technology from
research and development to practice.
[(C) Providing technical assistance to
recipients of other assistance under this
section, concerning the development of
accessible, effective, and usable products.
[(D) Communicating information on available
technology and the uses of such technology to
assist children with disabilities.
[(E) Supporting the implementation of
research programs on captioning or video
description.
[(F) Supporting research, development, and
dissemination of technology with universal-
design features, so that the technology is
accessible to individuals with disabilities
without further modification or adaptation.
[(G) Demonstrating the use of publicly-funded
telecommunications systems to provide parents
and teachers with information and training
concerning early diagnosis of, intervention
for, and effective teaching strategies for,
young children with reading disabilities.
[(c) Educational Media Services; Authorized Activities.--In
carrying out this section, the Secretary shall support--
[(1) educational media activities that are designed
to be of educational value to children with
disabilities;
[(2) providing video description, open captioning, or
closed captioning of television programs, videos, or
educational materials through September 30, 2001; and
after fiscal year 2001, providing video description,
open captioning, or closed captioning of educational,
news, and informational television, videos, or
materials;
[(3) distributing captioned and described videos or
educational materials through such mechanisms as a loan
service;
[(4) providing free educational materials, including
textbooks, in accessible media for visually impaired
and print-disabled students in elementary, secondary,
postsecondary, and graduate schools;
[(5) providing cultural experiences through
appropriate nonprofit organizations, such as the
National Theater of the Deaf, that--
[(A) enrich the lives of deaf and hard-of-
hearing children and adults;
[(B) increase public awareness and
understanding of deafness and of the artistic
and intellectual achievements of deaf and hard-
of-hearing persons; or
[(C) promote the integration of hearing,
deaf, and hard-of-hearing persons through
shared cultural, educational, and social
experiences; and
[(6) compiling and analyzing appropriate data
relating to the activities described in paragraphs (1)
through (5).
[(d) Applications.--Any eligible entity that wishes to
receive a grant, or enter into a contract or cooperative
agreement, under this section shall submit an application to
the Secretary at such time, in such manner, and containing such
information as the Secretary may require.
[(e) Authorization of Appropriations.--There are authorized
to be appropriated to carry out this section such sums as may
be necessary for each of the fiscal years 1998 through 2002.]
SEC. 641. STATE INTERAGENCY COORDINATING COUNCIL.
(a) Establishment.--
(1) In general.--A State that desires to receive
financial assistance under this part shall establish a
State interagency coordinating council.
(2) Appointment.--The council shall be appointed by
the Governor. In making appointments to the council,
the Governor shall ensure that the membership of the
council reasonably represents the population of the
State.
(3) Chairperson.--The Governor shall designate a
member of the council to serve as the chairperson of
the council, or shall require the council to so
designate such a member. Any member of the council who
is a representative of the lead agency designated under
section 635(a)(10) may not serve as the chairperson of
the council.
(b) Composition.--
(1) In general.--The council shall be composed as
follows:
(A) Parents.--At least 20 percent of the
members shall be parents of infants or toddlers
with disabilities or children with disabilities
aged 12 or younger, with knowledge of, or
experience with, programs for infants and
toddlers with disabilities. At least one such
member shall be a parent of an infant or
toddler with a disability or a child with a
disability aged 6 or younger.
(B) Service providers.--At least 20 percent
of the members shall be public or private
providers of early intervention services.
(C) State legislature.--At least one member
shall be from the State legislature.
(D) Personnel preparation.--At least one
member shall be involved in personnel
preparation.
(E) Agency for early intervention services.--
At least one member shall be from each of the
State agencies involved in the provision of, or
payment for, early intervention services to
infants and toddlers with disabilities and
their families and shall have sufficient
authority to engage in policy planning and
implementation on behalf of such agencies.
(F) Agency for preschool services.--At least
one member shall be from the State educational
agency responsible for preschool services to
children with disabilities and shall have
sufficient authority to engage in policy
planning and implementation on behalf of such
agency.
(G) Agency for health insurance.--At least
one member shall be from the agency responsible
for the State governance of health insurance.
(H) Head start agency.--At least one
representative from a Head Start agency or
program in the State.
(I) Child care agency.--At least one
representative from a State agency responsible
for child care.
(J) Mental health agency.--At least one
representative from the State agency
responsible for children's mental health.
(K) Child welfare agency.--At least one
representative from the State agency
responsible for child protective services.
(L) Office of the coordinator for the
education of homeless children and youth.--At
least one representative designated by the
Office of the Coordinator.
(2) Other members.--The council may include other
members selected by the Governor, including a
representative from the Bureau of Indian Affairs, or
where there is no BIA-operated or BIA-funded school,
from the Indian Health Service or the tribe or tribal
council.
(c) Meetings.--The council shall meet at least quarterly and
in such places as it deems necessary. The meetings shall be
publicly announced, and, to the extent appropriate, open and
accessible to the general public.
(d) Management Authority.--Subject to the approval of the
Governor, the council may prepare and approve a budget using
funds under this part to conduct hearings and forums, to
reimburse members of the council for reasonable and necessary
expenses for attending council meetings and performing council
duties (including child care for parent representatives), to
pay compensation to a member of the council if the member is
not employed or must forfeit wages from other employment when
performing official council business, to hire staff, and to
obtain the services of such professional, technical, and
clerical personnel as may be necessary to carry out its
functions under this part.
(e) Functions of Council.--
(1) Duties.--The council shall--
(A) advise and assist the lead agency
designated or established under section
635(a)(10) in the performance of the
responsibilities set forth in such section,
particularly the identification of the sources
of fiscal and other support for services for
early intervention programs, assignment of
financial responsibility to the appropriate
agency, and the promotion of the interagency
agreements;
(B) advise and assist the lead agency in the
preparation of applications and amendments
thereto;
(C) advise and assist the State educational
agency regarding the transition of toddlers
with disabilities to preschool and other
appropriate services; and
(D) prepare and submit an annual report to
the Governor and to the Secretary on the status
of early intervention programs for infants and
toddlers with disabilities and their families
operated within the State.
(2) Authorized activity.--The council may advise and
assist the lead agency and the State educational agency
regarding the provision of appropriate services for
children from birth through age 5. The council may
advise appropriate agencies in the State with respect
to the integration of services for infants and toddlers
with disabilities and at-risk infants and toddlers and
their families, regardless of whether at-risk infants
and toddlers are eligible for early intervention
services in the State.
(f) Conflict of Interest.--No member of the council shall
cast a vote on any matter that would provide direct financial
benefit to that member or otherwise give the appearance of a
conflict of interest under State law.
SEC. 642. FEDERAL ADMINISTRATION.
Sections 616, 617, and 618 shall, to the extent not
inconsistent with this part, apply to the program authorized by
this part, except that--
(1) any reference in such sections to a State
educational agency shall be considered to be a
reference to a State's lead agency established or
designated under section 635(a)(10);
(2) any reference in such sections to a local
educational agency, educational service agency, or a
State agency shall be considered to be a reference to
an early intervention service provider under this part;
and
(3) any reference to the education of children with
disabilities or the education of all children with
disabilities shall be considered to be a reference to
the provision of appropriate early intervention
services to infants and toddlers with disabilities.
SEC. 643. ALLOCATION OF FUNDS.
(a) Reservation of Funds for Outlying Areas.--
(1) In general.--From the sums appropriated to carry
out this part for any fiscal year, the Secretary may
reserve up to one percent for payments to Guam,
American Samoa, the Virgin Islands, and the
Commonwealth of the Northern Mariana Islands in
accordance with their respective needs.
(2) Consolidation of funds.--The provisions of Public
Law 95-134, permitting the consolidation of grants to
the outlying areas, shall not apply to funds those
areas receive under this part.
(b) Payments to Indians.--
(1) In general.--The Secretary shall, subject to this
subsection, make payments to the Secretary of the
Interior to be distributed to tribes, tribal
organizations (as defined under section 4 of the Indian
Self-Determination and Education Assistance Act), or
consortia of the above entities for the coordination of
assistance in the provision of early intervention
services by the States to infants and toddlers with
disabilities and their families on reservations served
by elementary and secondary schools for Indian children
operated or funded by the Department of the Interior.
The amount of such payment for any fiscal year shall be
1.25 percent of the aggregate of the amount available
to all States under this part for such fiscal year.
(2) Allocation.--For each fiscal year, the Secretary
of the Interior shall distribute the entire payment
received under paragraph (1) by providing to each
tribe, tribal organization, or consortium an amount
based on the number of infants and toddlers residing on
the reservation, as determined annually, divided by the
total number of such children served by all tribes,
tribal organizations, or consortia.
(3) Information.--To receive a payment under this
subsection, the tribe, tribal organization, or
consortium shall submit such information to the
Secretary of the Interior as is needed to determine the
amounts to be distributed under paragraph (2).
(4) Use of funds.--The funds received by a tribe,
tribal organization, or consortium shall be used to
assist States in child find, screening, and other
procedures for the early identification of Indian
children under 3 years of age and for parent training.
Such funds may also be used to provide early
intervention services in accordance with this part.
Such activities may be carried out directly or through
contracts or cooperative agreements with the BIA, local
educational agencies, and other public or private
nonprofit organizations. The tribe, tribal
organization, or consortium is encouraged to involve
Indian parents in the development and implementation of
these activities. The above entities shall, as
appropriate, make referrals to local, State, or Federal
entities for the provision of services or further
diagnosis.
(5) Reports.--To be eligible to receive a grant under
paragraph (2), a tribe, tribal organization, or
consortium shall make an annual report to the Secretary
of the Interior of activities undertaken under this
subsection, including the number of contracts and
cooperative agreements entered into, the number of
children contacted and receiving services for each
year, and the estimated number of children needing
services during the year following the year in which
the report is made. The Secretary of the Interior shall
include a summary of this information on an annual
basis to the Secretary of Education along with such
other information as required under section
611(h)(3)(E). The Secretary of Education may require
any additional information from the Secretary of the
Interior.
(6) Prohibited uses of funds.--None of the funds
under this subsection may be used by the Secretary of
the Interior for administrative purposes, including
child count, and the provision of technical assistance.
(c) State Allotments.--
(1) In general.--Except as provided in paragraphs (2)
and (3) from the funds remaining for each fiscal year
after the reservation and payments under subsections
(a) and (b), the Secretary shall first allot to each
State an amount that bears the same ratio to the amount
of such remainder as the number of infants and toddlers
in the State bears to the number of infants and
toddlers in all States.
(2) Minimum allotments.--Except as provided in
paragraph (3) no State shall receive an amount under
this section for any fiscal year that is less than the
greater of--
(A) one-half of one percent of the remaining
amount described in paragraph (1); or
(B) $500,000.
(3) Ratable reduction.--
(A) In general.--If the sums made available
under this part for any fiscal year are
insufficient to pay the full amounts that all
States are eligible to receive under this
subsection for such year, the Secretary shall
ratably reduce the allotments to such States
for such year.
(B) Additional funds.--If additional funds
become available for making payments under this
subsection for a fiscal year, allotments that
were reduced under subparagraph (A) shall be
increased on the same basis they were reduced.
(4) Definitions.--For the purpose of this
subsection--
(A) the terms ``infants'' and ``toddlers''
mean children under 3 years of age; and
(B) the term ``State'' means each of the 50
States, the District of Columbia, and the
Commonwealth of Puerto Rico.
(d) Reallotment of Funds.--If a State elects not to receive
its allotment under subsection (c), the Secretary shall
reallot, among the remaining States, amounts from such State in
accordance with such subsection.
SEC. 644. AUTHORIZATION OF APPROPRIATIONS.
For the purpose of carrying out this part, there are
authorized to be appropriated $447,000,000 for fiscal year 2004
and such sums as may be necessary for each of the fiscal years
2005 through 2009.
PART D--NATIONAL ACTIVITIES TO IMPROVE EDUCATION OF CHILDREN WITH
DISABILITIES
SEC. 651. FINDINGS.
The Congress finds the following:
(1) The Federal Government has an ongoing obligation
to support activities that contribute to positive
results for children with disabilities, enabling them
to lead productive and independent adult lives.
(2) Systemic change benefiting all students,
including children with disabilities, requires the
involvement of States, local educational agencies,
parents, individuals with disabilities and their
families, teachers and other service providers, and
other interested individuals and organizations, to
develop and implement comprehensive strategies that
improve educational results for children with
disabilities.
(3) State educational agencies, in partnership with
local educational agencies, parents of children with
disabilities, and other individuals and organizations,
are in the best position to improve education for
children with disabilities and to address their special
needs.
(4) An effective educational system serving students
with disabilities should--
(A) maintain high academic standards and
clear achievement goals for children,
consistent with the standards and expectations
for all students in the educational system, and
provide for appropriate and effective
strategies and methods to ensure that all
children with disabilities have the opportunity
to achieve those standards and goals;
(B) clearly define, in objective, measurable
terms, the school and post-school results that
children with disabilities are expected to
achieve; and
(C) promote transition services, as described
in section 602(31), and coordinate State and
local education, social, health, mental health,
and other services, to address the full range
of student needs, particularly the needs of
children with disabilities who need significant
levels of support to participate and learn in
school and the community.
(5) The availability of an adequate number of
qualified personnel is critical in order to serve
effectively children with disabilities, fill leadership
positions in administrative and direct-service
capacities, provide teacher training, and conduct high-
quality research to improve special education.
(6) High-quality, comprehensive professional
development programs are essential to ensure that the
persons responsible for the education or transition of
children with disabilities possess the skills and
knowledge necessary to address the educational and
related needs of those children.
(7) Models of professional development should be
scientifically based and reflect successful practices,
including strategies for recruiting, preparing, and
retaining personnel.
(8) Continued support is essential for the
development and maintenance of a coordinated and high-
quality program of research to inform successful
teaching practices and model curricula for educating
children with disabilities.
(9) A comprehensive research agenda should be
established and pursued to promote the highest quality
and rigor in research on special education and related
services, and to address the full range of issues
facing children with disabilities, parents of children
with disabilities, school personnel, and others.
(10) Technical assistance, support, and dissemination
activities are necessary to ensure that parts B and C
are fully implemented and achieve quality early
intervention, educational, and transitional results for
children with disabilities and their families.
(11) Parents, teachers, administrators, and related
services personnel need technical assistance and
information in a timely, coordinated, and accessible
manner in order to improve early intervention,
educational, and transitional services and results at
the State and local levels for children with
disabilities and their families.
(12) Parent training and information activities
assist parents of a child with a disability in dealing
with the multiple pressures of parenting such a child
and are of particular importance in--
(A) creating and preserving constructive
relationships between parents of children with
disabilities and schools by facilitating open
communication between such parents and schools,
encouraging dispute resolution at the earliest
point in time possible, and discouraging the
escalation of an adversarial process between
such parents and schools;
(B) ensuring the involvement of such parents
in planning and decision-making with respect to
early intervention, educational, and
transitional services;
(C) achieving high-quality early
intervention, educational, and transitional
results for children with disabilities;
(D) providing such parents information on
their rights, protections, and responsibilities
under this Act to ensure improved early
intervention, educational, and transitional
results for children with disabilities;
(E) assisting such parents in the development
of skills to participate effectively in the
education and development of their children and
in the transitions described in section
602(31);
(F) supporting the roles of such parents as
participants within partnerships seeking to
improve early intervention, educational, and
transitional services and results for children
with disabilities and their families; and
(G) supporting those parents who may have
limited access to services and supports due to
economic, cultural, or linguistic barriers.
(13) Support is needed to improve technological
resources and integrate technology into the lives of
children with disabilities, parents of children with
disabilities, school personnel, and others through
curricula, services, and assistive technologies.
Subpart 1--State Professional Development Grants
SEC. 652. PURPOSE.
The purpose of this subpart is to assist State educational
agencies in reforming and improving their systems for
professional development in early intervention, educational,
and related and transition services in order to improve results
for children with disabilities.
SEC. 653. ELIGIBILITY AND COLLABORATIVE PROCESS.
(a) Eligible Applicants.--A State educational agency may
apply for a grant under this subpart for a period of not less
than 1 year and not more than 5 years.
(b) Partners.--
(1) Required partners.--In order to be considered for
a grant under this subpart, a State educational agency
shall enter into a partnership agreement with local
educational agencies, at least one institution of
higher education in the State, and other State agencies
involved in, or concerned with, the education of
children with disabilities.
(2) Optional partners.--In addition, a State
educational agency may enter into a partnership
agreement with any of the following:
(A) The Governor.
(B) Parents of children with disabilities
ages birth through 26.
(C) Parents of nondisabled children ages
birth through 26.
(D) Individuals with disabilities.
(E) Organizations representing individuals
with disabilities and their parents, such as
parent training and information centers.
(F) Community-based and other nonprofit
organizations involved in the education and
employment of individuals with disabilities.
(G) The lead State agency for part C.
(H) General and special education teachers,
related services personnel, and early
intervention personnel.
(I) The State advisory panel established
under part C.
(J) The State interagency coordinating
council established under part C.
(K) Institutions of higher education within
the State.
(L) Individuals knowledgeable about
vocational education.
(M) The State agency for higher education.
(N) The State vocational rehabilitation
agency.
(O) Public agencies with jurisdiction in the
areas of health, mental health, social
services, and juvenile justice.
(P) Other providers of professional
development that work with students with
disabilities.
(Q) Other individuals.
SEC. 654. APPLICATIONS.
(a) In General.--
(1) Submission.--A State educational agency that
desires to receive a grant under this subpart shall
submit to the Secretary an application at such time, in
such manner, and including such information as the
Secretary may require.
(2) State plan.--The application shall include a plan
that addresses the State and local needs for the
professional development of administrators, principals,
teachers, related services personnel, and individuals
who provide direct supplementary aids and services to
children with disabilities, and that--
(A) is integrated, to the maximum extent
possible, with State plans under the Elementary
and Secondary Education Act of 1965, the
Rehabilitation Act of 1973, and the Higher
Education Act of 1965, as appropriate; and
(B) is designed to enable the State to meet
the requirements of section 612(a)(15) of this
Act.
(b) Elements of State Plan.--Each State plan shall--
(1) describe a partnership agreement that--
(A) specifies--
(i) the nature and extent of the
partnership among the State educational
agency, local educational agencies, and
other State agencies involved in, or
concerned with, the education of
children with disabilities, and the
respective roles of each member of the
partnership; and
(ii) how such agencies will work in
partnership with other persons and
organizations involved in, and
concerned with, the education of
children with disabilities, including
the respective roles of each of these
persons and organizations; and
(B) is in effect for the period of the grant;
(2) describe how grant funds, including part B funds
retained for use at the State level under sections
611(e) and 619(d), and other Federal funds will be used
to support activities conducted under this subpart;
(3) describe the strategies the State will use to
implement the plan to improve results for children with
disabilities, including--
(A) how the State will align its professional
development plan with the plans submitted by
the State under sections 1111 and 2112 of the
Elementary and Secondary Education Act of 1965;
(B) how the State will provide technical
assistance to local educational agencies and
schools to improve the quality of professional
development available to meet the needs of
personnel that serve children with
disabilities; and
(C) how the State will assess, on a regular
basis, the extent to which the strategies
implemented under this subpart have been
effective in meeting the achievement goals and
indicators in section 612(a)(16);
(4) describe, as appropriate, how the strategies
described in paragraph (3) will be coordinated with
public and private sector resources; and
(5) include an assurance that the State will use
funds received under this subpart to carry out each of
the activities specified in the plan.
(c) Competitive Awards.--
(1) In general.--The Secretary shall make grants
under this subpart on a competitive basis.
(2) Priority.--The Secretary may give priority to
applications on the basis of need.
(d) Peer Review.--
(1) In general.--The Secretary shall evaluate
applications under this subpart using a panel of
experts who are qualified by virtue of their training,
expertise, or experience.
(2) Composition of panel.--A majority of a panel
described in paragraph (1) shall be composed of
individuals who are not employees of the Federal
Government.
(3) Payment of fees and expenses of certain
members.--The Secretary may use available funds
appropriated to carry out this subpart to pay the
expenses and fees of panel members who are not
employees of the Federal Government.
(e) Reporting Procedures.--Each State educational agency that
receives a grant under this subpart shall submit annual
performance reports to the Secretary. The reports shall--
(1) describe the progress of the State in
implementing its plan;
(2) analyze the effectiveness of the State's
activities under this subpart and of the State's
strategies for meeting its goals under section
612(a)(16); and
(3) identify any changes in such strategies needed to
improve its performance.
SEC. 655. USE OF FUNDS.
(a) In General.--
(1) Activities.--A State educational agency that
receives a grant under this subpart shall use the grant
funds, subject to subsection (b), for the following:
(A) Professional development.--
(i) Carrying out programs that
support the professional development of
early intervention personnel, related
services personnel, and both special
education and regular education
teachers of children with disabilities,
such as programs that--
(I) provide teacher
mentoring, team teaching,
reduced class schedules, and
intensive professional
development;
(II) use standards or
assessments for guiding
beginning teachers that are
consistent with challenging
State student academic
achievement standards and with
the definition of professional
development in section 9101 of
the Elementary and Secondary
Education Act of 1965;
(III) promote collaborative
and consultive models of
providing special education ad
related services; and
(IV) increase understanding
as to the most appropriate
placements and services for all
students to reduce significant
racial and ethnic
disproportionality in
eligibility, placement, and
disciplinary actions.
(ii) Encouraging and supporting the
training of special education and
regular education teachers and
administrators to effectively integrate
technology into curricula and
instruction, including training to
improve the ability to collect, manage,
and analyze data to improve teaching,
decisionmaking, school improvement
efforts, and accountability.
(iii) Providing professional
development activities that improve the
knowledge of special education and
regular education teachers concerning--
(I) the academic and
developmental needs of students
with disabilities; and
(II) effective instructional
strategies, methods, and
skills, use of challenging
State academic content
standards and student academic
achievement standards, and use
of State assessments, to
improve teaching practices and
student academic achievement.
(iv) Providing professional
development activities that--
(I) improve the knowledge of
special education and regular
education teachers and
principals and, in appropriate
cases, related services
personnel and
paraprofessionals, concerning
effective instructional
practices;
(II) provide training in how
to teach and address the needs
of students with different
learning styles;
(III) involve collaborative
groups of teachers and
administrators;
(IV) provide training in
methods of--
(aa) positive
behavior interventions
and supports to improve
student behavior in the
classroom;
(bb) scientifically
based reading
instruction, including
early literacy
instruction; and
(cc) early and
appropriate
interventions to
identify and help
students with
disabilities;
(V) provide training to
enable special education and
regular education teachers,
related services personnel, and
principals to involve parents
in their child's education,
especially parents of low-
income and limited English
proficient children with
disabilities; or
(VI) train administrators and
other relevant school personnel
in conducting facilitated
individualized education
program meetings.
(v) Developing and implementing
initiatives to promote retention of
highly qualified special education
teachers, including programs that
provide--
(I) teacher mentoring from
exemplary special education
teachers, principals, or
superintendents;
(II) induction and support
for special education teachers
during their first 3 years of
employment as teachers; or
(III) incentives, including
financial incentives, to retain
special education teachers who
have a record of success in
helping students with
disabilities improve their
academic achievement.
(vi) Carrying out programs and
activities that are designed to improve
the quality of the teacher force that
serves children with disabilities, such
as--
(I) innovative professional
development programs (which may
be provided through
partnerships including
institutions of higher
education), including programs
that train teachers and
principals to integrate
technology into curricula and
instruction to improve
teaching, learning, and
technology literacy, are
consistent with the
requirements of section 9101 of
the Elementary and Secondary
Education Act of 1965, and are
coordinated with activities
carried out under this part;
and
(II) development and use of
proven, cost-effective
strategies for the
implementation of professional
development activities, such as
through the use of technology
and distance learning.
(B) State activities.--
(i) Reforming special education and
regular education teacher certification
(including recertification) or
licensing requirements to ensure that--
(I) special education and
regular education teachers have
the training and information
necessary, including an
understanding of the latest
scientifically valid education
research and its applicability,
to address the wide variety of
needs of children with
disabilities across disability
categories;
(II) special education and
regular education teachers have
the necessary subject matter
knowledge and teaching skills
in the academic subjects that
the teachers teach;
(III) special education and
regular education teacher
certification (including
recertification) or licensing
requirements are aligned with
challenging State academic
content standards; and
(IV) special education and
regular education teachers have
the subject matter knowledge
and teaching skills, including
technology literacy, necessary
to help students meet
challenging State student
academic achievement standards.
(ii) Carrying out programs that
establish, expand, or improve
alternative routes for State
certification of special education
teachers for individuals who
demonstrate the potential to become
highly effective special education
teachers, such as individuals with a
baccalaureate or master's degree
(including mid-career professionals
from other occupations),
paraprofessionals, former military
personnel, and recent college or
university graduates with records of
academic distinction.
(iii) Carrying out teacher
advancement initiatives for special
education teachers that promote
professional growth and emphasize
multiple career paths (such as paths to
becoming a career teacher, mentor
teacher, or exemplary teacher) and pay
differentiation.
(iv) Developing and implementing
mechanisms to assist local educational
agencies and schools in effectively
recruiting and retaining highly
qualified special education teachers.
(v) Reforming tenure systems,
implementing teacher testing for
subject matter knowledge, and
implementing teacher testing for State
certification or licensing, consistent
with title II of the Higher Education
Act of 1965.
(vi) Developing and implementing
mechanisms to assist schools in
effectively recruiting and retaining
highly qualified special education
teachers.
(vii) Funding projects to promote
reciprocity of teacher certification or
licensing between or among States for
special education teachers, except that
no reciprocity agreement developed
under this clause or developed using
funds provided under this subpart may
lead to the weakening of any State
teaching certification or licensing
requirement.
(viii) Developing or assisting local
educational agencies to serve children
with disabilities through the
development and use of proven,
innovative strategies to deliver
intensive professional development
programs that are both cost-effective
and easily accessible, such as
strategies that involve delivery
through the use of technology, peer
networks, and distance learning.
(ix) Developing, or assisting local
educational agencies in developing,
merit-based performance systems, and
strategies that provide differential
and bonus pay for special education
teachers.
(x) Supporting activities that ensure
that teachers are able to use
challenging State academic content
standards and student academic
achievement standards, and State
assessments, to improve instructional
practices and improve the academic
achievement of children with
disabilities.
(xi) Coordinating with, and
expanding, centers established under
section 2113(c)(18) of the Elementary
and Secondary Education Act of 1965 to
benefit special education teachers.
(2) Contracts and subgrants.--Each such State
educational agency--
(A) shall, consistent with its partnership
agreement under section 654(b)(1), award
contracts or subgrants to local educational
agencies, institutions of higher education, and
parent training and information centers, as
appropriate, to carry out its State plan under
this subpart; and
(B) may award contracts and subgrants to
other public and private entities, including
the lead agency under part C, to carry out such
plan.
(b) Use of Funds for Professional Development.--A State
educational agency that receives a grant under this subpart
shall use--
(1) not less than 90 percent of the funds it receives
under the grant for any fiscal year for activities
under subsection (a)(1)(A); and
(2) not more than 10 percent of the funds it receives
under the grant for any fiscal year for activities
under subsection (a)(1)(B).
(c) Grants to Outlying Areas.--Public Law 95-134, permitting
the consolidation of grants to the outlying areas, shall not
apply to funds received under this subpart.
SEC. 656. STATE GRANT AMOUNTS.
(a) In General.--The Secretary shall make a grant to each
State educational agency whose application the Secretary has
selected for funding under this subpart in an amount for each
fiscal year that is--
(1) not less than $500,000, nor more than $2,000,000,
in the case of the 50 States, the District of Columbia,
and the Commonwealth of Puerto Rico; and
(2) not less than $80,000, in the case of an outlying
area.
(b) Factors.--The Secretary shall set the amount of each
grant under subsection (a) after considering--
(1) the amount of funds available for making the
grants;
(2) the relative population of the State or outlying
area; and
(3) the types of activities proposed by the State or
outlying area, including--
(A) the alignment of proposed activities with
paragraphs (14) and (15) of section 612(a);
(B) the alignment of proposed activities with
the plans submitted under sections 1111 and
2112 of the Elementary and Secondary Education
Act of 1965; and
(C) the use, as appropriate, of
scientifically based research.
SEC. 657. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated to carry out this
subpart $44,000,000 for fiscal year 2004 and such sums as may
be necessary for each of the fiscal years 2005 through 2009.
Subpart 2--Scientifically Based Research; Technical Assistance; Model
Demonstration Projects; Dissemination of Information; and Personnel
Preparation Programs
SEC. 661. PURPOSE.
The purpose of this subpart is to provide Federal funding for
scientifically based research, technical assistance, model
demonstration projects, information dissemination, and
personnel preparation programs to improve early intervention,
educational, and transitional results for children with
disabilities.
SEC. 662. ADMINISTRATIVE PROVISIONS.
(a) Comprehensive Plan.--
(1) In general.--The Secretary shall develop and
implement a comprehensive plan for activities carried
out under this subpart (other than section 663) in
order to enhance the provision of educational, related,
transitional, and early intervention services to
children with disabilities under parts B and C. The
plan shall include mechanisms to address educational,
related services, transitional, and early intervention
needs identified by State educational agencies in
applications submitted under subpart 1.
(2) Public comment.--The Secretary shall provide a
public comment period of at least 30 days on the plan.
(3) Distribution of funds.--In implementing the plan,
the Secretary shall, to the extent appropriate, ensure
that funds are awarded to recipients under this subpart
to carry out activities that benefit, directly or
indirectly, children with disabilities of all ages.
(4) Reports to congress.--The Secretary shall
annually report to the Congress on the Secretary's
activities under this subsection, including an initial
report not later than the date that is 12 months after
the date of the enactment of Improving Education
Results for Children With Disabilities Act of 2003.
(b) Eligible Applicants.--
(1) In general.--Except as otherwise provided in this
subpart, the following entities are eligible to apply
for a grant, contract, or cooperative agreement under
this subpart:
(A) A State educational agency.
(B) A local educational agency.
(C) A public charter school that is a local
educational agency under State law.
(D) An institution of higher education.
(E) Any other public agency.
(F) A private nonprofit organization.
(G) An outlying area.
(H) An Indian tribe or a tribal organization
(as defined under section 4 of the Indian Self-
Determination and Education Assistance Act (25
U.S.C. 450b)).
(I) A for-profit organization if the
Secretary finds it appropriate given the
specific purpose of the competition.
(2) Special rule.--The Secretary may limit the
entities eligible for an award of a grant, contract, or
cooperative agreement to one or more categories of
eligible entities described in paragraph (1).
(c) Special Populations.--
(1) Application requirement.--In making an award of a
grant, contract, or cooperative agreement under this
subpart, the Secretary shall, as appropriate, require
an applicant to demonstrate how the applicant will
address the needs of children with disabilities from
minority backgrounds.
(2) Required outreach and technical assistance.--
Notwithstanding any other provision of this Act, the
Secretary shall reserve at least two percent of the
total amount of funds appropriated to carry out this
subpart for either or both of the following activities:
(A) Providing outreach and technical
assistance to historically black colleges and
universities, and to institutions of higher
education with minority enrollments of at least
25 percent, to promote the participation of
such colleges, universities, and institutions
in activities under this subpart.
(B) Enabling historically black colleges and
universities, and the institutions described in
subparagraph (A), to assist other colleges,
universities, institutions, and agencies in
improving educational and transitional results
for children with disabilities, if such grant
applicants meet the criteria established by the
Secretary under this subpart.
(d) Priorities.--The Secretary, in making an award of a
grant, contract, or cooperative agreement under this subpart,
may, without regard to the rulemaking procedures under section
553 of title 5, United States Code, limit competitions to, or
otherwise give priority to--
(1) projects that address one or more--
(A) age ranges;
(B) disabilities;
(C) school grades;
(D) types of educational placements or early
intervention environments;
(E) types of services;
(F) content areas, such as reading; or
(G) effective strategies for helping children
with disabilities learn appropriate behavior in
the school and other community-based
educational settings;
(2) projects that address the needs of children based
on the severity or incidence of their disability;
(3) projects that address the needs of--
(A) low-achieving students;
(B) underserved populations;
(C) children from low-income families;
(D) children with limited English
proficiency;
(E) unserved and underserved areas;
(F) rural or urban areas;
(G) children whose behavior interferes with
their learning and socialization;
(H) children with intractable reading
difficulties; and
(I) children in public charter schools;
(4) projects to reduce inappropriate identification
of children as children with disabilities, particularly
among minority children; and
(5) any activity that is expressly authorized in this
subpart or subpart 3.
(e) Applicant and Recipient Responsibilities.--
(1) Development and assessment of projects.--The
Secretary shall require that an applicant for, and a
recipient of, a grant, contract, or cooperative
agreement for a project under this subpart--
(A) involve individuals with disabilities, or
parents of individuals with disabilities ages
birth through 26, in planning, implementing,
and evaluating the project; and
(B) where appropriate, determine whether the
project has any potential for replication and
adoption by other entities.
(2) Additional responsibilities.--The Secretary may
require a recipient of a grant, contract, or
cooperative agreement for a project under this
subpart--
(A) to share in the cost of the project;
(B) to prepare the research and evaluation
findings and products from the project in
formats that are useful for specific audiences,
including parents, administrators, teachers,
early intervention personnel, related services
personnel, and individuals with disabilities;
(C) to disseminate such findings and
products; and
(D) to collaborate with other such recipients
in carrying out subparagraphs (B) and (C).
(f) Application Management.--
(1) Standing panel.--
(A) In general.--The Secretary shall
establish and use a standing panel of experts
who are qualified, by virtue of their training,
expertise, or experience, to evaluate
applications under this subpart (other than
section 663) that, individually, request more
than $75,000 per year in Federal financial
assistance.
(B) Membership.--The standing panel shall
include, at a minimum--
(i) individuals who are
representatives of institutions of
higher education that plan, develop,
and carry out high-quality programs of
personnel preparation;
(ii) individuals who design and carry
out scientifically-based research
targeted to the improvement of special
education programs and services;
(iii) individuals who have recognized
experience and knowledge necessary to
integrate and apply scientifically-
based research findings to improve
educational and transitional results
for children with disabilities;
(iv) individuals who administer
programs at the State or local level in
which children with disabilities
participate;
(v) individuals who prepare parents
of children with disabilities to
participate in making decisions about
the education of their children;
(vi) individuals who establish
policies that affect the delivery of
services to children with disabilities;
(vii) individuals who are parents of
children with disabilities ages birth
through 26 who are benefiting, or have
benefited, from coordinated research,
personnel preparation, and technical
assistance; and
(viii) individuals with disabilities.
(C) Term.--No individual shall serve on the
standing panel for more than 3 consecutive
years.
(2) Peer-review panels for particular competitions.--
(A) Composition.--The Secretary shall ensure
that each subpanel selected from the standing
panel that reviews applications under this
subpart (other than section 663) includes--
(i) individuals with knowledge and
expertise on the issues addressed by
the activities authorized by the
subpart; and
(ii) to the extent practicable,
parents of children with disabilities
ages birth through 26, individuals with
disabilities, and persons from diverse
backgrounds.
(B) Federal employment limitation.--A
majority of the individuals on each subpanel
that reviews an application under this subpart
(other than section 663) shall be individuals
who are not employees of the Federal
Government.
(3) Use of discretionary funds for administrative
purposes.--
(A) Expenses and fees of non-federal panel
members.--The Secretary may use funds available
under this subpart to pay the expenses and fees
of the panel members who are not officers or
employees of the Federal Government.
(B) Administrative support.--The Secretary
may use not more than 1 percent of the funds
appropriated to carry out this subpart to pay
non-Federal entities for administrative support
related to management of applications submitted
under this subpart.
(g) Program Evaluation.--The Secretary may use funds
appropriated to carry out this subpart to evaluate activities
carried out under the subpart.
(h) Minimum Funding Required.--
(1) In general.--Subject to paragraph (2), the
Secretary shall ensure that, for each fiscal year, at
least the following amounts are provided under this
subpart to address the following needs:
(A) $12,832,000 to address the educational,
related services, transitional, and early
intervention needs of children with deaf-
blindness.
(B) $4,000,000 to address the postsecondary,
vocational, technical, continuing, and adult
education needs of individuals with deafness.
(C) $4,000,000 to address the educational,
related services, and transitional needs of
children with an emotional disturbance and
those who are at risk of developing an
emotional disturbance.
(2) Ratable reduction.--If the total amount
appropriated to carry out this subpart for any fiscal
year is less than $130,000,000, the amounts listed in
paragraph (1) shall be ratably reduced.
(i) Eligibility for Financial Assistance.--Effective for
fiscal years for which the Secretary may make grants under
section 619(b), no State or local educational agency or
educational service agency or other public institution or
agency may receive a grant under this subpart which relates
exclusively to programs, projects, and activities pertaining to
children aged 3 through 5, inclusive, unless the State is
eligible to receive a grant under section 619(b).
SEC. 663. RESEARCH TO IMPROVE RESULTS FOR CHILDREN WITH DISABILITIES.
(a) National Center for Special Education Research.--
(1) Establishment.--
(A) In general.--There is established, in the
Institute of Education Sciences established
under section 111 of the Education Sciences
Reform Act of 2002 (Public Law 107-279; 116
Stat. 1944) (hereinafter in this section
referred to as ``the Institute''), the National
Center for Special Education Research.
(B) Commissioner.--The National Center for
Special Education Research shall be headed by a
Commissioner for Special Education Research
(hereinafter in this section referred to as
``the Commissioner''). The Commissioner shall
be appointed by the Director of the Institute
(hereinafter in this section referred to as
``the Director'') in accordance with section
117 of the Education Sciences Reform Act of
2002. The Commissioner shall have substantial
knowledge of the Center's activities, including
a high level of expertise in the fields of
research and research management.
(2) Applicability of education science reform act of
2002.--Parts A and E of the Education Sciences Reform
Act of 2002, as well as the standards for peer review
of applications and for the conduct and evaluation of
research under sections 133(a) and 134 of such Act,
shall apply to the Secretary, the Director, and the
Commissioner in carrying out this section.
(b) Competitive Grants.--The Director shall make competitive
grants to, or enter into contracts or cooperative agreements
with, eligible entities to expand the fundamental knowledge and
understanding of the education of infants, toddlers, and
children with disabilities in order to improve educational
results for such individuals, in accordance with the priorities
determined under this section.
(c) Authorized Activities.--Activities that may be carried
out under this section include research activities--
(1) to improve services provided under this Act in
order to improve academic achievement for children with
disabilities;
(2) to investigate scientifically based educational
practices that support learning and improve academic
achievement and progress for all students with
disabilities;
(3) to examine the special needs of preschool-aged
children and infants and toddlers with disabilities,
including factors that may result in developmental
delays;
(4) to investigate scientifically based related
services and interventions that promote participation
and progress in the general education curriculum;
(5) to improve the alignment, compatibility, and
development of valid and reliable assessment methods
for assessing adequate yearly progress, as described
under section 1111(b)(2)(B) of the Elementary and
Secondary Education Act of 1965 (20 U.S.C.
6311(b)(2)(B));
(6) to improve the alignment, compatibility, and
development of valid and reliable alternate assessment
methods for assessing adequate yearly progress, as
described under such section 1111(b)(2)(B);
(7) to examine State content standards and alternate
assessments for students with a significant cognitive
impairment in terms of academic achievement,
individualized instructional need, appropriate
educational settings, and improved post-school results;
(8) to examine the educational and developmental
needs of children with high-incidence and low-incidence
disabilities;
(9) to examine the extent to which overidentification
and underidentification of children with disabilities
occurs, and the causes thereof;
(10) to improve reading and literacy skills for
children with disabilities;
(11) to examine and improve secondary and
postsecondary education and transitional needs of
children with disabilities;
(12) to examine methods of early intervention for
children with disabilities who need significant levels
of support;
(13) to examine universal design concepts in the
development of assessments, curricula, and
instructional methods as a method to improve
educational results for children with disabilities;
(14) to improve the professional preparation for
personnel who provide educational and related services
to children with disabilities, including children with
low-incidence disabilities, to increase academic
achievement of children with disabilities;
(15) to examine the excess costs of educating a child
with a disability and expenses associated with high-
cost special education and related services; and
(16) to examine the special needs of limited English
proficient children with disabilities.
(d) Plan.--The National Center for Special Education Research
shall propose to the Director a research plan, with the advice
of the Assistant Secretary for Special Education and
Rehabilitative Services, that--
(1) is consistent with the priorities and mission of
the Institute of Educational Sciences and the mission
of the Special Education Research Center and includes
the activities described in paragraph (3);
(2) shall be carried out pursuant to subsection (c)
and, as appropriate, be updated and modified; and
(3) carries out specific, long-term research
activities that are consistent with the priorities and
mission of the Institute of Educational Sciences, and
are approved by the Director.
(e) Implementation.--The National Center for Special
Education Research shall implement the plan proposed under
subsection (d) to carry out scientifically valid research
that--
(1) is consistent with the purposes of this Act;
(2) reflects an appropriate balance across all age
ranges of children with disabilities;
(3) provides for research that is objective and that
uses measurable indicators to assess its progress and
results;
(4) includes both basic research and applied
research, which shall include research conducted
through field-initiated studies and which may include
ongoing research initiatives;
(5) ensures that the research conducted under this
section is relevant to special education practice and
policy;
(6) synthesize and disseminate, through the National
Center for Education Evaluation and Regional Assistance
as well as activities authorized under this part, the
findings and results of education research conducted or
supported by the National Center for Special Education
Research; and
(7) assist the Director in the preparation of a
biennial report, as a described in section 119 of the
Education Sciences Reform Act of 2003.
(f) Applications.--An eligible entity that wishes to receive
a grant, or enter into a contract or cooperative agreement,
under this section shall submit an application to the
Commissioner at such time, in such manner, and containing such
information as the Commissioner may reasonably require.
SEC. 664. TECHNICAL ASSISTANCE, DEMONSTRATION PROJECTS, DISSEMINATION
OF INFORMATION, AND IMPLEMENTATION OF
SCIENTIFICALLY BASED RESEARCH.
(a) In General.--The Secretary shall make competitive grants
to, or enter into contracts or cooperative agreements with,
eligible entities including regional resource centers and
clearinghouses to provide technical assistance, support model
demonstration projects, disseminate useful information, and
implement activities that are supported by scientifically based
research.
(b) Required Activities.--Funds received under this section
shall be used to support activities to improve services
provided under this Act, including the practices of
professionals and others involved in providing such services to
children with disabilities, that promote academic achievement
and improve results for children with disabilities through--
(1) implementing effective strategies for addressing
inappropriate behavior of students with disabilities in
schools, including strategies to prevent children with
emotional and behavioral problems from developing
emotional disturbances that require the provision of
special education and related services;
(2) improving the alignment, compatibility, and
development of valid and reliable assessments and
alternate assessments for assessing adequate yearly
progress, as described under section 1111(b)(2)(B) of
the Elementary and Secondary Education Act of 1965;
(3) providing training for both regular education
teachers and special education teachers to address the
needs of students with different learning styles;
(4) identifying innovative, effective, and efficient
curricula designs, instructional approaches, and
strategies, and identifying positive academic and
social learning opportunities, that--
(A) provide effective transitions between
educational settings or from school to post
school settings; and
(B) improve educational and transitional
results at all levels of the educational system
in which the activities are carried out and, in
particular, that improve the progress of
children with disabilities, as measured by
assessments within the general education
curriculum involved; and
(5) demonstrating and applying scientifically based
findings to facilitate systemic changes, related to the
provision of services to children with disabilities, in
policy, procedure, practice, and the training and use
of personnel.
(c) Authorized Activities.--Activities that may be carried
out under this section include activities to improve services
provided under this Act, including the practices of
professionals and others involved in providing such services to
children with disabilities, that promote academic achievement
and improve results for children with disabilities through--
(1) applying and testing research findings in typical
service settings to determine the usefulness,
effectiveness, and general applicability of such
research findings in such areas as improving
instructional methods, curricula, and tools, such as
textbooks and media;
(2) supporting and promoting the coordination of
early intervention and educational services for
children with disabilities with services provided by
health, rehabilitation, and social service agencies;
(3) promoting improved alignment and compatibility of
general and special education reforms concerned with
curricular and instructional reform, and evaluation of
such reforms;
(4) enabling professionals, parents of children with
disabilities, and other persons to learn about, and
implement, the findings of scientifically based
research, and successful practices developed in model
demonstration projects, relating to the provision of
services to children with disabilities;
(5) conducting outreach, and disseminating
information, relating to successful approaches to
overcoming systemic barriers to the effective and
efficient delivery of early intervention, educational,
and transitional services to personnel who provide
services to children with disabilities;
(6) assisting States and local educational agencies
with the process of planning systemic changes that will
promote improved early intervention, educational, and
transitional results for children with disabilities;
(7) promoting change through a multistate or regional
framework that benefits States, local educational
agencies, and other participants in partnerships that
are in the process of achieving systemic-change
outcomes;
(8) focusing on the needs and issues that are
specific to a population of children with disabilities,
such as the provision of single-State and multi-State
technical assistance and in-service training--
(A) to schools and agencies serving deaf-
blind children and their families;
(B) to programs and agencies serving other
groups of children with low-incidence
disabilities and their families;
(C) addressing the postsecondary education
needs of individuals who are deaf or hard-of-
hearing; and
(D) to schools and personnel providing
special education and related services for
children with autism spectrum disorders;
(9) demonstrating models of personnel preparation to
ensure appropriate placements and services for all
students and reduce disproportionality in eligibility,
placement, and disciplinary actions for minority and
limited English proficient children; and
(10) disseminating information on how to reduce
racial and ethnic disproportionalities identified under
section 618.
(d) Balance Among Activities and Age Ranges.--In carrying out
this section, the Secretary shall ensure that there is an
appropriate balance across all age ranges of children with
disabilities.
(e) Linking States to Information Sources.--In carrying out
this section, the Secretary shall support projects that link
States to technical assistance resources, including special
education and general education resources, and shall make
research and related products available through libraries,
electronic networks, parent training projects, and other
information sources, including through the activities of the
National Center for Evaluation and Regional Assistance
established under the Education Sciences Reform Act.
(f) Applications.--
(1) In general.--An eligible entity that wishes to
receive a grant, or enter into a contract or
cooperative agreement, under this section shall submit
an application to the Secretary at such time, in such
manner, and containing such information as the
Secretary may require.
(2) Standards.--To the maximum extent feasible, each
applicant shall demonstrate that the project described
in its application is supported by scientifically valid
research that has been carried out in accordance with
the standards for the conduct and evaluation of all
relevant research and development established by the
National Center for Education Research.
(3) Priority.--As appropriate, the Secretary shall
give priority to applications that propose to serve
teachers and school personnel directly in the school
environment.
SEC. 665. PERSONNEL PREPARATION PROGRAMS TO IMPROVE SERVICES AND
RESULTS FOR CHILDREN WITH DISABILITIES.
(a) In General.--The Secretary shall, on a competitive basis,
make grants to, or enter into contracts or cooperative
agreements with, eligible entities--
(1) to help address State-identified needs for
qualified personnel in special education, related
services, early intervention, and regular education, to
work with children with disabilities;
(2) to ensure that those personnel have the necessary
skills and knowledge, derived from practices that have
been determined, through scientifically valid research,
to be successful in serving those children;
(3) to encourage increased focus on academics and
core content areas in special education personnel
preparation programs;
(4) to ensure that regular education teachers have
the necessary skills and knowledge to provide
instruction to students with disabilities in the
regular education classroom;
(5) to provide high-quality professional development
for principals, superintendents, and other
administrators, including training in--
(A) instructional leadership;
(B) behavioral supports in the school and
classroom;
(C) paperwork reduction;
(D) promoting improved collaboration between
special education and general education
teachers;
(E) assessment and accountability;
(F) ensuring effective learning environments;
and
(G) fostering positive relationships with
parents; and
(6) to ensure that all special education teachers
teaching in core academic subjects are highly
qualified.
(b) Personnel Preparation; Authorized Activities.--
(1) In general.--In carrying out this section, the
Secretary shall support activities, including
activities for high-incidence and low-incidence
disabilities, consistent with the objectives described
in subsection (a).
(2) Authorized activities.--Activities that may be
carried out under this subsection include the
following:
(A) Promoting activities undertaken by
institutions of higher education, local
educational agencies, and other local
entities--
(i) to improve and reform their
existing programs, and to support
effective existing programs, to prepare
teachers and related services
personnel--
(I) to meet the diverse needs
of children with disabilities
for early intervention,
educational, and transitional
services; and
(II) to work collaboratively
in regular classroom settings;
and
(ii) to incorporate best practices
and scientifically based research about
preparing personnel--
(I) so they will have the
knowledge and skills to improve
educational results for
children with disabilities; and
(II) so they can implement
effective teaching strategies
and interventions to ensure
appropriate identification, and
to prevent the
misidentification or
overidentification, of children
as having a disability,
especially minority and limited
English proficient children.
(B) Developing, evaluating, and disseminating
innovative models for the recruitment,
induction, retention, and assessment of highly
qualified teachers to reduce shortages in
personnel.
(C) Developing and improving programs for
paraprofessionals to assist in the provision of
special education, related services, and early
intervention services, including
interdisciplinary training to enable them to
improve early intervention, educational, and
transitional results for children with
disabilities.
(D) Demonstrating models for the preparation
of, and interdisciplinary training of, early
intervention, special education, and general
education personnel, to enable the personnel to
acquire the collaboration skills necessary to
work within teams to improve results for
children with disabilities, particularly within
the general education curriculum.
(E) Promoting the transferability, across
State and local jurisdictions, of licensure and
certification of teachers and administrators
working with such children.
(F) Developing and disseminating models that
prepare teachers with strategies, including
behavioral interventions, for addressing the
conduct of children with disabilities that
impedes their learning and that of others in
the classroom.
(G) Developing and improving programs to
enhance the ability of general education
teachers, principals, school administrators,
and school board members to improve results for
children with disabilities.
(H) Supporting institutions of higher
education with minority enrollments of at least
25 percent for the purpose of preparing
personnel to work with children with
disabilities.
(I) Developing and improving programs to
train special education teachers with an
expertise in autism spectrum disorders.
(c) Low-Incidence Disabilities; Authorized Activities.--
(1) In general.--In carrying out this section, the
Secretary shall support activities, consistent with the
objectives described in subsection (a), that benefit
children with low-incidence disabilities.
(2) Authorized activities.--Activities that may be
carried out under this subsection include activities
such as the following:
(A) Preparing persons who--
(i) have prior training in
educational and other related service
fields; and
(ii) are studying to obtain degrees,
certificates, or licensure that will
enable them to assist children with
low-incidence disabilities to achieve
the objectives set out in their
individualized education programs
described in section 614(d), or to
assist infants and toddlers with low
incidence disabilities to achieve the
outcomes described in their
individualized family service plans
described in section 636.
(B) Providing personnel from various
disciplines with interdisciplinary training
that will contribute to improvement in early
intervention, educational, and transitional
results for children with low-incidence
disabilities.
(C) Preparing personnel in the innovative
uses and application of technology to enhance
learning by children with low-incidence
disabilities through early intervention,
educational, and transitional services.
(D) Preparing personnel who provide services
to visually impaired or blind children to teach
and use Braille in the provision of services to
such children.
(E) Preparing personnel who provide services
to deaf and hard-of-hearing children by
providing direct language and communication
access to the general education curriculum
through spoken or signed languages, or other
modes of communication.
(F) Preparing personnel to be qualified
educational interpreters, to assist children
with low-incidence disabilities, particularly
deaf and hard-of-hearing children in school and
school-related activities and deaf and hard-of-
hearing infants and toddlers and preschool
children in early intervention and preschool
programs.
(3) Definition.--As used in this section, the term
``low-incidence disability'' means--
(A) a visual or hearing impairment, or
simultaneous visual and hearing impairments;
(B) a significant cognitive impairment; or
(C) any impairment for which a small number
of personnel with highly specialized skills and
knowledge are needed in order for children with
that impairment to receive early intervention
services or a free appropriate public
education.
(4) Selection of recipients.--In selecting recipients
under this subsection, the Secretary may give
preference to applications that propose to prepare
personnel in more than one low-incidence disability,
such as deafness and blindness.
(5) Preparation in use of braille.--The Secretary
shall ensure that all recipients of assistance under
this subsection who will use that assistance to prepare
personnel to provide services to visually impaired or
blind children that can appropriately be provided in
Braille will prepare those individuals to provide those
services in Braille.
(d) Leadership Preparation; Authorized Activities.--
(1) In general.--In carrying out this section, the
Secretary shall support leadership preparation
activities that are consistent with the objectives
described in subsection (a).
(2) Authorized activities.--Activities that may be
carried out under this subsection include activities
such as the following:
(A) Preparing personnel at the graduate,
doctoral, and postdoctoral levels of training
to administer, enhance, or provide services to
improve results for children with disabilities.
(B) Providing interdisciplinary training for
various types of leadership personnel,
including teacher preparation faculty, related
services faculty, administrators, researchers,
supervisors, principals, and other persons
whose work affects early intervention,
educational, and transitional services for
children with disabilities.
(e) Applications.--
(1) In general.--Any eligible entity that wishes to
receive a grant, or enter into a contract or
cooperative agreement, under this section shall submit
an application to the Secretary at such time, in such
manner, and containing such information as the
Secretary may require.
(2) Identified state needs.--
(A) Requirement to address identified
needs.--Any application under subsection (b),
(c), or (d) shall include information
demonstrating to the satisfaction of the
Secretary that the activities described in the
application will address needs identified by
the State or States the applicant proposes to
serve.
(B) Cooperation with state educational
agencies.--Any applicant that is not a local
educational agency or a State educational
agency shall include information demonstrating
to the satisfaction of the Secretary that the
applicant and one or more State educational
agencies or local educational agencies will
cooperate in carrying out and monitoring the
project.
(3) Acceptance by states of personnel preparation
requirements.--The Secretary may require applicants to
provide assurances from one or more States that such
States--
(A) intend to accept successful completion of
the proposed personnel preparation program as
meeting State personnel standards or other
requirements in State law or regulation for
serving children with disabilities or serving
infants and toddlers with disabilities; and
(B) need personnel in the area or areas in
which the applicant proposes to provide
preparation, as identified in the States'
comprehensive systems of personnel development
under parts B and C.
(f) Selection of Recipients.--
(1) Impact of project.--In selecting recipients under
this section, the Secretary shall consider the impact
of the project proposed in the application in meeting
the need for personnel identified by the States.
(2) Requirement on applicants to meet state and
professional standards.--The Secretary shall make
grants under this section only to eligible applicants
that meet State and professionally recognized standards
for the preparation of special education and related
services personnel, if the purpose of the project is to
assist personnel in obtaining degrees.
(3) Preferences.--In selecting recipients under this
section, the Secretary may--
(A) give preference to institutions of higher
education that are educating regular education
personnel to meet the needs of children with
disabilities in integrated settings and
educating special education personnel to work
in collaboration with regular educators in
integrated settings; and
(B) give preference to institutions of higher
education that are successfully recruiting and
preparing individuals with disabilities and
individuals from groups that are
underrepresented in the profession for which
they are preparing individuals.
(g) Service Obligation.--
(1) In general.--Each application for funds under
subsections (b) and (c) shall include an assurance that
the applicant will ensure that individuals who receive
a scholarship under the proposed project will
subsequently provide special education and related
services to children with disabilities for a period of
2 years for every year for which assistance was
received or repay all or part of the cost of that
assistance, in accordance with regulations issued by
the Secretary.
(2) Leadership preparation.--Each application for
funds under subsection (d) shall include an assurance
that the applicant will ensure that individuals who
receive a scholarship under the proposed project will
subsequently perform work related to their preparation
for a period of 2 years for every year for which
assistance was received or repay all or part of such
costs, in accordance with regulations issued by the
Secretary.
(h) Scholarships.--The Secretary may include funds for
scholarships, with necessary stipends and allowances, in awards
under subsections (b), (c), and (d).
SEC. 666. STUDIES AND EVALUATIONS.
(a) In General.--
(1) Progress assessment.--The Secretary shall, in
accordance with the priorities determined under this
section and in section 663, directly or through
competitive grants, contracts, or cooperative
agreements, assess the progress in the implementation
of this Act, including the effectiveness of State and
local efforts to provide--
(A) a free appropriate public education to
children with disabilities; and
(B) early intervention services to infants
and toddlers with disabilities and infants and
toddlers who would be at risk of having
substantial developmental delays if early
intervention services were not provided to
them.
(2) Delegation.--Notwithstanding any other provision
of law, the Secretary shall designate the Director of
the Institute for Education Sciences to carry out this
section.
(3) Authorized activities.--In carrying out this
subsection, the Secretary may support objective
studies, evaluations, and assessments, including
studies that--
(A) analyze issues identified in the research
agenda in section 663(d);
(B) meet the standards in section 663(c); and
(C) undertake one or more of the following:
(i) An analysis of the measurable
impact, outcomes, and results achieved
by State educational agencies and local
educational agencies through their
activities to reform policies,
procedures, and practices designed to
improve educational and transitional
services and results for children with
disabilities.
(ii) An analysis of State and local
needs for professional development,
parent training, and other appropriate
activities that can reduce the need for
disciplinary actions involving children
with disabilities.
(iii) An assessment of educational
and transitional services and results
for children with disabilities from
minority backgrounds, including--
(I) data on--
(aa) the number of
minority children who
are referred for
special education
evaluation;
(bb) the number of
minority children who
are receiving special
education and related
services and their
educational or other
service placement;
(cc) the number of
minority children who
graduated from
secondary programs with
a regular diploma in
the standard number of
years; and
(dd) the number of
minority children who
drop out of the
educational system
without a regular
diploma; and
(II) the performance of
children with disabilities from
minority backgrounds on State
assessments and other
performance indicators
established for all students.
(iv) A measurement of educational and
transitional services and results of
children with disabilities served under
this Act, including longitudinal
studies that--
(I) examine educational and
transitional services and
results for children with
disabilities who are 3 through
17 years of age and are
receiving special education and
related services under this
Act, using a national,
representative sample of
distinct age cohorts and
disability categories; and
(II) examine educational
results, transition services,
postsecondary placement, and
employment status of
individuals with disabilities,
18 through 21 years of age, who
are receiving or have received
special education and related
services under this Act.
(v) An identification and report on
the placement of children with
disabilities by disability category.
(b) National Assessment.--
(1) In general.--The Secretary shall carry out a
national assessment of activities carried out with
Federal funds under this Act in order--
(A) to determine the effectiveness of this
Act in achieving its purposes;
(B) to provide timely information to the
President, the Congress, the States, local
educational agencies, and the public on how to
implement the Act more effectively; and
(C) to provide the President and the Congress
with information that will be useful in
developing legislation to achieve the purposes
of this Act more effectively.
(2) Public comment.--
(A) Plan.--Not later than 12 months after the
date of enactment of the Improving Education
Results for Children With Disabilities Act of
2003, the Secretary shall publish in the
Federal Register for public comment a
comprehensive plan for developing and
conducting the national assessment.
(B) Comment period.--The Secretary shall
provide a public comment period of at least 30
days on such plan.
(3) Scope of assessment.--The national assessment
shall assess the--
(A) implementation of programs assisted under
this Act and the impact of such programs on
addressing the developmental needs of, and
improving the academic achievement of, children
with disabilities to enable them to reach
challenging developmental goals and challenging
State academic content standards based on State
academic assessments;
(B) types of programs and services that have
demonstrated the greatest likelihood of helping
students reach the challenging State academic
content standards and developmental goals;
(C) implementation of the professional
development activities assisted under this Act
and the impact on instruction, student academic
achievement, and teacher qualifications to
enhance the ability of special education
teachers and regular education teachers to
improve results for children with disabilities;
and
(D) effectiveness of schools, local
educational agencies, States, other recipients
of assistance under this Act, and the Secretary
in achieving the purposes of this Act by--
(i) improving the academic
achievement of children with
disabilities and their performance on
regular statewide assessments as
compared to nondisabled children, and
the performance of children with
disabilities on alternate assessments;
(ii) improving the participation of
children with disabilities in the
general education curriculum;
(iii) improving the transitions of
children with disabilities at natural
transition points;
(iv) placing and serving children
with disabilities, including minority
children, in the least restrictive
environment appropriate;
(v) preventing children with
disabilities, especially children with
emotional disturbances and specific
learning disabilities, from dropping
out of school;
(vi) addressing the reading and
literacy needs of children with
disabilities;
(vii) reducing the overidentification
of children, especially minority and
limited English proficient children, as
having a disability;
(viii) improving the participation of
parents of children with disabilities
in the education of their children; and
(ix) resolving disagreements between
education personnel and parents through
alternate dispute resolution activities
including mediation and voluntary
binding arbitration.
(4) Interim and final reports.--The Secretary shall
submit to the President and the Congress--
(A) an interim report that summarizes the
preliminary findings of the assessment not
later than 30 months after the date of the
enactment of the Improving Education Results
for Children With Disabilities Act of 2003; and
(B) a final report of the findings of the
assessment not later than 5 years after the
date of the enactment of such Act.
(c) Annual Report.--The Secretary shall provide an annual
report to the Congress that--
(1) summarizes the research conducted under section
663;
(2) analyzes and summarizes the data reported by the
States and the Secretary of the Interior under section
618;
(3) summarizes the studies and evaluations conducted
under this section and the timeline for their
completion;
(4) describes the extent and progress of the national
assessment; and
(5) describes the findings and determinations
resulting from reviews of State implementation of this
Act.
SEC. 667. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated to carry out sections
663, 664, and 666 $171,861,000 for fiscal year 2004 and such
sums as may be necessary for each of the fiscal years 2005
through 2009. There are authorized to be appropriated to carry
out section 665 $90,000,000 for fiscal year 2004 and such sums
as may be necessary for each of the fiscal years 2005 through
2009.
Subpart 3--Supports To Improve Results for Children With Disabilities
SEC. 671. PURPOSES.
The purposes of this subpart are to ensure that--
(1) children with disabilities and their parents
receive training and information on their rights,
responsibilities, and protections under this Act, in
order to develop the skills necessary to cooperatively
and effectively participate in planning and
decisionmaking relating to early intervention,
educational, and transitional services;
(2) parents, teachers, administrators, early
intervention personnel, related services personnel, and
transition personnel receive coordinated and accessible
technical assistance and information to assist them in
improving early intervention, educational, and
transitional services and results for children with
disabilities and their families; and
(3) appropriate technology and media are researched,
developed, and demonstrated, to improve and implement
early intervention, educational, and transitional
services and results for children with disabilities and
their families.
SEC. 672. PARENT TRAINING AND INFORMATION CENTERS.
(a) Program Authorized.--The Secretary may make grants to,
and enter into contracts and cooperative agreements with,
parent organizations to support parent training and information
centers to carry out activities under this section.
(b) Required Activities.--Each parent and community training
and information center that receives assistance under this
section shall--
(1) provide training and information that meets the
needs of parents of children with disabilities living
in the area served by the center, including underserved
parents and parents of children who may be
inappropriately identified, to enable children with
disabilities--
(A) to meet developmental and challenging
academic achievement goals that have been
established for all children; and
(B) to be prepared to lead productive
independent adult lives to the maximum extent
possible;
(2) ensure that the training and information provided
meets the needs of low-income parents and parents of
children with limited English proficiency;
(3) serve the parents of infants, toddlers, and
children with the full range of disabilities;
(4) assist parents--
(A) to better understand the nature of their
children's disabilities and their educational,
developmental, and transitional needs;
(B) to communicate effectively and work
collaboratively with personnel responsible for
providing special education, early
intervention, transition services, and related
services;
(C) to participate in decisionmaking
processes and the development of individualized
education programs under part B and
individualized family service plans under part
C;
(D) to obtain appropriate information about
the range, type and quality of options,
programs, services, and resources available to
assist children with disabilities and their
families in school and at home;
(E) to understand the provisions of this Act
for the education of, and the provision of
early intervention services to, children with
disabilities; and
(F) to participate in activities at the
school level which benefit their children;
(5) assist parents in resolving disputes in the most
expeditious way possible, including encouraging the
use, and explaining the benefits, of alternative
methods of dispute resolution, such as the use of
individualized education program facilitators and
mediation and voluntary binding arbitration processes
described in section 615(e);
(6) assist parents to understand the availability of,
and how to effectively use, procedural safeguards under
this Act;
(7) network with appropriate clearinghouses,
including organizations conducting national
dissemination activities under subpart 2 and the
Institute of Educational Sciences, and with other
national, State, and local organizations and agencies,
such as protection and advocacy agencies, that serve
parents and families of children with the full range of
disabilities; and
(8) annually report to the Secretary on--
(A) the number and demographics of parents to
whom it provided information and training in
the most recently concluded fiscal year; and
(B) the effectiveness of strategies used to
reach and serve parents, including underserved
parents of children with disabilities.
(c) Optional Activities.--A parent training and community and
information center that receives assistance under this section
may--
(1) provide information to teachers and other
professionals to assist them in improving results for
children with disabilities; and
(2) assist students with disabilities to understand
their rights and responsibilities under section 615(l)
on reaching the age of majority.
(d) Application Requirements.--Each application for
assistance under this section shall identify with specificity
the special efforts that the applicant will undertake--
(1) to ensure that the needs for training and
information of underserved parents of children with
disabilities in the area to be served are effectively
met; and
(2) to work with community-based organizations,
including those that work with low-income parents and
parents of children with limited English proficiency.
(e) Distribution of Funds.--
(1) In general.--The Secretary shall make at least 1
award to a parent organization in each State, unless
the Secretary does not receive an application from such
an organization in each State of sufficient quality to
warrant approval.
(2) Selection requirement.--The Secretary shall
select among applications submitted by parent
organizations in a State in a manner that ensures the
most effective assistance to parents, including parents
in urban and rural areas, in the State.
(f) Quarterly Review.--
(1) Requirements.--
(A) Meetings.--The board of directors or
special governing committee of each
organization that receives an award under this
section shall meet at least once in each
calendar quarter to review the activities for
which the award was made.
(B) Advising board.--Each special governing
committee shall directly advise the
organization's governing board of its views and
recommendations.
(2) Continuation award.--When an organization
requests a continuation award under this section, the
board of directors or special governing committee shall
submit to the Secretary a written review of the parent
training and information program conducted by the
organization during the preceding fiscal year.
(g) Definition of Parent Organization.--As used in this
section, the term ``parent organization'' means a private
nonprofit organization (other than an institution of higher
education) that--
(1) has a board of directors--
(A) the majority of whom are parents of
children with disabilities ages birth through
26;
(B) that includes--
(i) individuals working in the fields
of special education, related services,
and early intervention; and
(ii) individuals with disabilities;
and
(C) the parent and professional members of
which are broadly representative of the
population to be served, including low-income
and limited English proficient parents of
children with disabilities; or
(2) has--
(A) a membership that represents the
interests of individuals with disabilities and
has established a special governing committee
that meets the requirements of paragraph (1);
and
(B) a memorandum of understanding between the
special governing committee and the board of
directors of the organization that clearly
outlines the relationship between the board and
the committee and the decisionmaking
responsibilities and authority of each.
SEC. 673. COMMUNITY PARENT RESOURCE CENTERS.
(a) In General.--The Secretary may make grants to, and enter
into contracts and cooperative agreements with, local parent
organizations to support parent training and information
centers that will help ensure that underserved parents of
children with disabilities, including low-income parents,
parents of children with limited English proficiency, and
parents with disabilities, have the training and information
they need to enable them to participate effectively in helping
their children with disabilities--
(1) to meet developmental goals and, to the maximum
extent possible, those challenging standards that have
been established for all children; and
(2) to be prepared to lead productive independent
adult lives, to the maximum extent possible.
(b) Required Activities.--Each parent training and
information center assisted under this section shall--
(1) provide training and information that meets the
training and information needs of parents of children
with disabilities proposed to be served by the grant,
contract, or cooperative agreement;
(2) carry out the activities required of parent
training and information centers under paragraphs (2)
through (7) of section 672(b);
(3) establish cooperative partnerships with the
parent training and information centers funded under
section 672; and
(4) be designed to meet the specific needs of
families who experience significant isolation from
available sources of information and support.
(c) Definition.--As used is this section, the term ``local
parent organization'' means a parent organization, as defined
in section 672(g), that either--
(1) has a board of directors the majority of whom are
from the community to be served; or
(2) has--
(A) as a part of its mission, serving the
interests of individuals with disabilities from
such community; and
(B) a special governing committee to
administer the grant, contract, or cooperative
agreement, a majority of the members of which
are individuals from such community.
SEC. 674. TECHNICAL ASSISTANCE FOR PARENT TRAINING AND INFORMATION
CENTERS.
(a) In General.--The Secretary may, directly or through
awards to eligible entities (as defined in section 662(b)),
provide technical assistance for developing, assisting, and
coordinating parent training and information programs carried
out by parent training and information centers receiving
assistance under sections 672 and 673.
(b) Authorized Activities.--The Secretary may provide
technical assistance to a parent training and information
center under this section in areas such as--
(1) effective coordination of parent training
efforts;
(2) dissemination of scientifically based research
and information;
(3) promotion of the use of technology, including
assistive technology devices and assistive technology
services;
(4) reaching underserved populations, including
parents of low-income and limited English proficient
children with disabilities;
(5) including children with disabilities in general
education programs;
(6) facilitation of transitions from--
(A) early intervention services to preschool;
(B) preschool to elementary school;
(C) elementary school to secondary school;
and
(D) secondary school to postsecondary
environments; and
(7) promotion of alternative methods of dispute
resolution, including mediation and voluntary binding
arbitration.
SEC. 675. TECHNOLOGY DEVELOPMENT, DEMONSTRATION, AND UTILIZATION; AND
MEDIA SERVICES.
(a) In General.--The Secretary shall competitively make
grants to, and enter into contracts and cooperative agreements
with, eligible entities (as defined in section 662(b)) to
support activities described in subsections (b) and (c).
(b) Technology Development, Demonstration, and Utilization.--
(1) In general.--In carrying out this section, the
Secretary shall support activities to promote the
development, demonstration, and utilization of
technology.
(2) Authorized activities.--The following activities
may be carried out under this subsection:
(A) Conducting research on, and promoting the
demonstration and use of--
(i) innovative and emerging
technologies for children with
disabilities; and
(ii) improved transfer of technology
from research and development to
practice.
(B) Supporting research, development, and
dissemination of technology with universal-
design features, so that the technology is
accessible to individuals with disabilities
without further modification or adaptation.
(C) Demonstrating the use of systems to
provide parents and teachers with information
and training concerning early diagnosis of,
intervention for, and effective teaching
strategies for, young children with reading
disabilities.
(D) Supporting the implementation of research
programs.
(E) Communicating information on available
technology and the uses of such technology to
assist children with disabilities.
(c) Educational Media Services; Optional Activities.--In
carrying out this section, the Secretary may support--
(1) educational media activities that are designed to
be of educational value in the classroom setting to
children with disabilities;
(2) providing video description, open captioning, or
closed captioning of television programs, videos, or
other materials with an education-based content for use
in the classroom setting when such services are not
provided by the producer or distributor of such
information, including programs and materials
associated with new and emerging technologies such as
CDs, DVDs, video streaming, and other forms of
multimedia;
(3) distributing materials described in paragraphs
(1) and (2) through such mechanisms as a loan service;
and
(4) providing free educational materials, including
textbooks, in accessible media for visually impaired
and print-disabled students in elementary, secondary,
postsecondary, and graduate schools.
(d) Applications.--Any eligible entity (as defined in section
662(b)) that wishes to receive a grant, or enter into a
contract or cooperative agreement, under this section shall
submit an application to the Secretary at such time, in such
manner, and containing such information as the Secretary may
require. For purposes of subsection (c)(4), such entity shall--
(1) be a national, nonprofit entity with a track
record of meeting the needs of students with print
disabilities through services described in paragraph
(4);
(2) have the capacity to produce, maintain, and
distribute in a timely fashion, up-to-date textbooks in
digital audio formats to qualified students; and
(3) have a demonstrated ability to significantly
leverage Federal funds through other public and private
contributions, as well as through the expansive use of
volunteers.
(e) Authorization of Appropriations.--There are authorized to
be appropriated to carry out section 674 $32,710,000 for fiscal
year 2004 and such sums as may be necessary for each of the
fiscal years 2005 through 2009. There are authorized to be
appropriated to carry out sections 672 and 673 $26,000,000 for
fiscal year 2004 and such sums as may be necessary for each of
the fiscal years 2005 through 2009.
MINORITY VIEWS
INTRODUCTION
The Committee reported a bill reauthorizing the Individuals
with Disabilities Education Act (IDEA) that takes a giant step
backward for children with disabilities and the schools that
serve them. The bill does this by reneging on Congress' 28-year
commitment to fully fund special education; eviscerating due
process and discipline protections for children with
disabilities, including restrictions on the ability of parents
to seek legal representation when a violation of IDEA has
occurred; failing to improve monitoring, enforcement, and
implementation; and reducing protections for children with
disabilities in the name of paperwork reduction.
Prior to the passage of the Education of all Handicapped
Children Act (IDEA's predecessor) in 1975, many children with
disabilities did not receive access to an education, and worse
were denied any educational services at all. As a result of
court decisions and Congressional action, schools were required
to offer children with disabilities a free appropriate public
education (FAPE). The provision of FAPE requires school
districts to provide educational and related services necessary
for children with disabilities to benefit from an education.
The statutory requirement for FAPE was coupled with due process
rights for parents of children with disabilities.
FAPE and due process rights have served as the foundation
of IDEA. Unfortunately, H.R. 1350 has never been the subject of
a hearing and has had very little public debate and input.
Rather than rush this bill through the legislative process, we
should be carefully considering the impact of proposed changes
on the education of children with disabilities.
Full Funding of Special Education
The Committee reported bill actually reneges on Congress'
commitment to fully fund special education.\1\ Congress has
promised this to school districts for 28 years. Congress has
passed 22 bills and resolutions calling for full funding, many
of these in the last seven years, but has never provided the
required 40 percent. In addition, President Bush has requested
a $1 billion increase for the last 2 budget cycles for the IDEA
State grant program. At this rate of increase, Congress will
never reach full funding--topping out at 34 percent of excess
cost.
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\1\ Part B of IDEA commits to providing 40% of the cost of
educating children with disabilities. This 40% figure is often referred
to as ``full funding'' of IDEA.
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Rather than provide guaranteed resources through mandatory
spending, as favored by Democratic Members, this bill caps the
amount of funding that can be provided in any given year. The
Committee reported bill would set annual caps on the amount
that can be provided through discretionary appropriations.
Under this construct, the Appropriations Committee would be
constrained in reaching full funding.
Although we were very pleased that the Committee vote to
increase the authorization for the Part B Grants to States
program by $4.7 billion over two years, we are disappointed
that the Woolsey-Van Hollen-McCollum amendment to make IDEA
funding mandatory was defeated by the Committee on a party line
vote. Unless funding is mandatory, authorization levels have
little impact. Discretionary funding leaves IDEA competing for
money with many other well deserving discretionary programs. In
light of the failure of the Bush Administration and the
Congressional Republican Leadership to fully fund the No Child
Left Behind Act (NCLB), we should ensure that IDEA funding is
mandatory.
It was even more difficult to understand why several
members on the Majority side did not support mandatory funding
for IDEA. Six current Members on the Republican side of the
Committee were co-sponsors of mandatory full funding IDEA bills
in the 107th Congress. In fact, the text of H.R. 737 from the
107th Congress, a bill introduced by Representative Bass (R-
NH), was also offered as an amendment to H.R. 1350 in order to
give Republican Members the opportunity to vote on the exact
bill they had cosponsored. Unfortunately, again, it was
defeated on a party line vote.
Discipline
Of paramount importance among the protections in current
law for children with disabilities, are those governing the
discipline of children with disabilities. H.R. 1350 completely
eviscerates those provisions and brings us back to the time
when children with disabilities could be removed from the
classroom or worse, refused a public education simply because
they had disabilities.
Current law allows a school to suspend or expel a student
with disabilities if he or she brings a weapon or drugs to
school, or is found by a hearing officer to be likely to injure
themselves or others. Education services must be provided for
up to 45 days in an alternative setting. In addition, current
law requires schools to determine if the infraction which
caused the student to be suspended or expelled was a
manifestation of his or her disability.
Even with these protections in current law, students with
disabilities remain over-represented among students who are
expelled from school. In addition, and possibly most troubling,
children with disabilities who are minorities are significantly
more likely to be suspended or expelled from school, than their
majority peers. Despite these issues, H.R. 1350 eliminates
almost all of the discipline protections in current law.
H.R. 1350 allows a school to suspend or expel a student
with disabilities for any violation of a code of student
conduct. A review of the codes of student conduct in schools
across the country reveals them to be very sweeping. Depending
on the school district, students can violate a code of student
conduct for reasons such as coming to class late, loitering in
the hall or on school property, or by not being neat and clean
in person and attire. One code of student conduct requires
students to keep the floor areas near his or her desk and
locker free from litter.
This means that a student with Tourette's Syndrome who
shouts out in class could be suspended or expelled. A student
who lacks motor control and spills food or drink on himself
could besuspended or expelled. Wearing shorts instead of long
pants or not keeping the floor clean could also be reasons to remove a
child with disabilities from school.
While the majority of schools would not dismiss a student
for minor infractions of the code of conduct, IDEA was written
for the very purpose of protecting students with disabilities.
If every school eagerly embraced the education of students with
disabilities, there would be no need for court cases, no need
for IDEA. Unfortunately, that is not the case.
Once a student with disabilities is suspended or dismissed,
H.R. 1350 makes it possible for the student to remain out of
school for an indefinite period of time, depending on State law
or regulation regarding the student's misconduct. A student
could miss an entire semester, something from which it is
difficult for any student to recover.
H.R. 1350 also eliminates the requirement that schools
determine if the student's misconduct was a manifestation of
his or her disability. Removing manifestation determinations
and the requirements in current law regarding functional
behavior assessments and behavioral intervention plans denies
students with disabilities access to the most appropriate
educational services and puts them at significantly greater
risk for dropping out of school. Since the link between school
dropouts and juvenile delinquency has been well proven, it is
foolhardy to promote a federal policy that will lead to
increases in juvenile delinquency.
Procedural Safeguards
H.R. 1350 makes significant changes to the due process
rights that parents have in current law. Children with
disabilities each have individual needs in order to take full
advantage of educational opportunities. The due process
procedures in IDEA are the only recourse parents have if they
believe a school is not providing the services and support
their child needs in order to learn.
H.R. 1350 gives parents only one year to exercise their due
process rights after a violation under IDEA had occurred.
Current law has no time limitation. Although we understand the
need that schools have for some type of closure regarding their
possible liability, one year is much too short. It is not
unusual for parents to take a full year to realize the nature
of their child's disability and to come to a full understanding
of that child's needs. Parents should have at least three years
in which to begin the complaint process if they do not think
their child is being properly served under IDEA.
Once the due process procedure is under way, H.R. 1350
again imposes unreasonable limitations on the rights of
parents. It prohibits parents from raising any issues at the
due process hearing that were not raised in their original
complaint, or brought up prior to the hearing. There are many
reasons why parents might obtain new information just prior to
the due process hearing which would have great bearing on their
child's educational success. Certainly a hearing officer should
be able to hear any issues the parents feel are pertinent to
their child's ability to benefit from his or her educational
setting and services, and make the decision as to whether or
not an issue should be considered at the hearing.
In addition, H.R. 1350 imposes a new restriction on the
freedom of hearing officers to make their own decisions. Under
H.R. 1350, hearing officers are required to make their
determination based only on whether or not a child has received
a free and appropriate public education (FAPE). Although FAPE
is certainly the key measure of a child's rights under IDEA, it
is not the only measure. There may be other issues, including
procedural issues, which affect children with disabilities and
the hearing officer should be free to base his or her decision
on whatever is relevant to the issues raised at the due process
hearing.
During the full Committee mark-up, a provision was added to
H.R. 1350 which would give Governors the authority to determine
the reimbursement rates for attorneys who represent parents at
IDEA due process proceedings. There is no question that this
will limit access to knowledgeable and experienced legal
representation by the people who need it the most--low income,
inexperienced parents seeking to obtain the best education for
their children with disabilities. This language should be
removed from H.R. 1350.
Failure To Improve Monitoring, Enforcement, and Implementation
As with any law that is protecting the rights of a
vulnerable population, IDEA needs strong monitoring and
enforcement to be effective. Yet H.R. 1350 fails in this
regard. Rather than statutorily authorize a monitoring and
enforcement system that would ensure compliance with key
provisions of the Act--child find, least restrictive
environment, etc.--the Act duplicates the accountability system
under the No Child Left Behind Act. In addition, the bill only
provides for an accountability focus at the State level,
failing to ensure that monitoring and enforcement takes place
at the school district level.
One improvement that we are looking for as we review IDEA
are ways to reduce litigation. Strong monitoring and
enforcement provisions are key to keeping states and school
districts out of court. We know that few, if any, states and
school districts deliberately flout IDEA. Unfortunately, often
the only way a school district's lack of compliance is
discovered is when a parent pursues litigation. Strong
monitoring and enforcement by the federal government and States
provides for an opportunity to correct problems before families
have to bring suit to get the services they are entitled to
under law.
Reducing Protections for Children With Disabilities Through Paperwork
Reduction
H.R. 1350 includes a pilot program that would allow ten
states to submit plans to the Secretary of Education to reduce
IDEA paperwork. We certainly agree that reduced paperwork is
necessary. Teachers and support personnel should be able to
focus their time and energies on actually working with children
with disabilities. However, some paperwork is crucial to ensure
IDEA's requirements are met.
The paperwork reduction pilot program in H.R. 1350 has
absolutely no restrictions on what paperwork could be waived.
Under this program as it is currently written, a state could
propose to waive IEPs or due process notices as a way of
reducing paperwork. Such broad discretion will only harm
efforts to improve services for children with disabilities.
Amendments
Due to the overwhelming number of problems with this
legislation, Democratic Members offered a series of amendments.
Below is a description of these amendments and how the
Committee acted upon them.
Ms. Woolsey, Mr. Van Hollen and Ms. McCollum offered an
amendment to fully fund IDEA over a six year period by
providing yearly mandatory spending increases of an additional
$2.5 billion above the current level of discretionary funding.
This amendment was defeated on a party line vote.
Ms. Woolsey, Mr. Van Hollen and Ms. McCollum offered
another mandatory full funding amendment. This amendment
included the exact text of a bipartisan mandatory full funding
bill from the 107th Congress--H.R. 737, introduced by
Representative Bass. Despite the fact that this legislation had
76 bipartisan cosponsors, including 6 Republican Members of
this Committee, the amendment was defeated on a party line
vote.
Mr. Tierney offered an amendment to restore the requirement
for school districts to conduct a manifestation determination
when a disciplinary action against a child with a disability is
taken, including suspension or expulsion. As described above,
this amendment, while not solving all problems with the
discipline changes sought by H.R. 1350, is a critical component
of the discipline protections for children with disabilities.
Without a manifestation review, school districts will not be
able to determine whether a child's actions are a result of his
or her disability. This translates into punishing disabled
children for behavior that is a result of their disability.
Despite the fairness of the Tierney amendment, it was defeated
on a party line vote.
Mr. Owens offered an amend to restore the Community Parent
Resource Center program. This program, which was eliminated by
the base bill, provides technical assistance and resources to
parents of children with disabilities who are minorities. Long
a forgotten population, children with disabilities who are
minorities often face steeper challenges in securing
appropriate services under IDEA. Fortunately, this amendment
was adopted by voice vote, marking one of the few successes in
this markup for Democratic Members.
Mr. Griljalva offered two amendments that would have
strengthened data collection and services for children with
disabilities who are limited English proficient. Mr.
Griljalva's first amendment would have required the data
collected by States under IDEA to include information on
limited English proficient children. In addition, this
amendment would have expanded the scope of the Secretary's
ability to assess the education and transitional services
offered to children with disabilities who are limited English
proficient. This amendment was withdrawn with a commitment by
the Majority to work on addressing these priorities prior to
floor action on the bill.
Mr. Griljalva's second amendment would have ensured that
the cultural and linguistic needs of children with disabilities
who are limited English proficient were also addressed. This
included a focus on ensuring that evaluation procedures and
assessments and professional development opportunities are
linguistically and culturally appropriate. This amendment was
also withdrawnwith a commitment by the Majority to work on
addressing these priorities prior to floor action on the bill.
Mr. Wu offered an amendment to establish a new professional
development program to ensure that professional development
activities provide training in appropriate and early
interventions to ensure identification of children with
disabilities. This amendment was withdrawn with a commitment by
the Majority to work on addressing these priorities prior to
floor action on the bill.
Mr. Hinojosa offered several amendments to improve services
for children with disabilities who are limited English
proficient. The first amendment required the General Accounting
Office to study how limited English proficient children are
being served under IDEA. The second amendment expanded the
areas of research under IDEA to include the special needs of
limited English proficient students. The third amendment
required school districts to cooperate with the migrant records
transfer system established under the Elementary and Secondary
Education Act. These amendments were accepted by voice vote.
Mr. Van Hollen offered an amendment to fully fund the No
Child Left Behind Act (NCLB). With full funding of NCLB,
schools would have significantly increased IDEA funds to help
children with disabilities obtain their education. That
amendment was also defeated on a party line vote.
Mr. Tierney and Mr. McCarthy offered an amendment to add
``school nursing services'' to the definition of ``related
services'' under IDEA. This amendment was withdrawn with a
commitment by the Majority to work on addressing these
priorities prior to floor action on the bill.
Ms. Majette offered an amendment to require GAO to study
the variation of State definitions and evaluation processes for
the categories of ``specific learning disability,'' ``emotional
disturbance,'' and ``other health impairment.'' This amendment
was accepted by voice vote.
Mr. Ryan offered an amendment to add the following services
to the lists of services covered by the term ``related
services''; interpretation services, captioning services, CART
services, and auditory-verbal therapy services. This amendment
was withdrawn with a commitment by the Majority to work on
addressing these priorities prior to floor action on the bill.
Ms. Susan Davis offered several amendments designed to
address various issues in the bill. Two of these amendments
were accepted. The amendments that were accepted would (1)
remove the requirement for the IEP team to do a reevaluation
upon graduation unless the IEP team was in disagreement; and
(2) ensure that simply screening a child who has not yet been
identified for services by a teacher or specialist doesn't
constitute an evaluation under the Act.
Ms. Susan Davis also offered several other amendments that
were withdrawn. The first amendment that would have required a
State agency to reimburse a local educational agency that pays
for services that otherwise would have paid for by another
public agency in the State. This amendment was withdrawn when
the Chairman, commenting that there was ongoingdiscussion about
how best to seek reimbursement from other agencies, offered to work
with her before the bill went to the floor. The second amendment would
have mandated that parents go through mediation prior to receiving a
due process hearing. The third amendment would have redefined the term
``free appropriate public education'' (FAPE). In redefining the term,
the amendment would require special education and related services to
be calculated to enable a child to access the general curriculum.
CONCLUSION
The vast majority of schools welcome children with
disabilities as an integral part of their student body and work
with parents, teachers, medical practitioners and support
service personnel to provide these students with an appropriate
education. Unfortunately, there continue to be children with
disabilities who are denied the education they need, the
education they deserve and are entitled to by law.
If H.R. 1350 becomes law, children with disabilities will
be left far behind. H.R. 1350 does nothing to guarantee that
the federal government will keep its commitment to fund forty
percent of the Part B Grants to States. It does not address the
shortage of qualified special education teachers in any
meaningful way. Unqualified or under-qualified special
education teachers are currently teaching more than 600,000
children with disabilities. And, by dramatically weakening both
the discipline protections and due process rights in current
law, H.R. 1350 makes it more likely that students with
disabilities will be turned away from their neighborhood
schools and segregated in alternative education settings that
will lead them to drop out of school.
Students with disabilities make valuable contributions to
their schools. Every student, both those with disabilities and
those without, benefit when students with disabilities are
educated alongside their peers. H.R. 1350 undermines the civil
rights of students with disabilities and should not become law.
George Miller.
Ruben Hinojosa.
Lynn Woolsey.
Dennis J. Kucinich.
Paul M. Grijalva.
Susan A. Davis.
Timothy Bishop.
Donald M. Payne.
Dale E. Kildee.
Major Owens.
Tim Ryan.
Carolyn McCarthy.
Chris Van Hollen.
Danny K. Davis.
John F. Tierney.
Betty McCollum.