+------------------------------------------+--------------------+------+
| #### Te                                  |                    |      |
| chnical Assistance Checklist[^1] -- Elig |                    |      |
| ibility Requirements found in PL 108-446 |                    |      |
+==========================================+====================+======+
| **PL 108-446**                           | **Description of   | *    |
|                                          | Changes**          | *Che |
|                                          |                    | ckli |
|                                          |                    | st - |
|                                          |                    | Ch   |
|                                          |                    | ange |
|                                          |                    | is   |
|                                          |                    | in   |
|                                          |                    | Pla  |
|                                          |                    | ce** |
+------------------------------------------+--------------------+------+
| 20 U.S.C. 1407. STATE ADMINISTRATION     |                    |      |
+------------------------------------------+--------------------+------+
| \(a\) RULEMAKING. -- Each State that     |                    |      |
| receives funds under this title shall -- |                    |      |
|                                          |                    |      |
| \(1\) ensure that any State rules,       |                    |      |
| regulations, and policies relating to    |                    |      |
| this title conform to the purposes of    |                    |      |
| this title;                              |                    |      |
|                                          |                    |      |
| \(2\) identify in writing to local       |                    |      |
| educational agencies located in the      |                    |      |
| State and the Secretary any such rule,   |                    |      |
| regulation, or policy as a State-imposed |                    |      |
| requirement that is not required by this |                    |      |
| title and Federal regulations; and       |                    |      |
|                                          |                    |      |
| \(3\) minimize the number of rules,      |                    |      |
| regulations, and policies to which the   |                    |      |
| local educational agencies and schools   |                    |      |
| located in the State are subject under   |                    |      |
| this title.                              |                    |      |
|                                          |                    |      |
| \(b\) SUPPORT AND FACILITATION. -- State |                    |      |
| rules, regulations, and policies under   |                    |      |
| this title shall support and facilitate  |                    |      |
| local educational agency and             |                    |      |
| school-level system improvement designed |                    |      |
| to enable children with disabilities to  |                    |      |
| meet the challenging State student       |                    |      |
| academic achievement standards.          |                    |      |
+------------------------------------------+--------------------+------+
| 20 U.S.C. 1411. AUTHORIZATION;           |                    |      |
| ALLOTMENT; USE OF FUNDS; AUTHORIZATION   |                    |      |
| OF APPROPRIATIONS.                       |                    |      |
+------------------------------------------+--------------------+------+
| \(e\) STATE-LEVEL ACTIVITIES-            | Requires the State |      |
|                                          | to certify to the  |      |
| > \(1\) STATE ADMINISTRATION-            | Secretary that the |      |
|                                          | arrangements for   |      |
| \(C\) CERTIFICATION- Prior to            | responsibility for |      |
| expenditure of funds under this          | services under 20  |      |
| paragraph, the State shall certify to    | U.S.C.             |      |
| the Secretary that the arrangements to   | 1412(a)(12)(A) are |      |
| establish responsibility for services    | current before the |      |
| pursuant to 20 U.S.C. 1412(a)(12)(A) are | State can expend   |      |
| current.                                 | funds under 20     |      |
|                                          | U.S.C. 1411(e).    |      |
|                                          | \[State            |      |
|                                          | Administration\]   |      |
+------------------------------------------+--------------------+------+
| \(5\) REPORT ON USE OF FUNDS- As part of | Similar to prior   |      |
| the information required to be submitted | law 20 U.S.C.      |      |
| to the Secretary under 20 U.S.C. 1412,   | 1411(f)(5).        |      |
| each State shall annually describe how   |                    |      |
| amounts under this section\--            |                    |      |
+------------------------------------------+--------------------+------+
| \(A\) will be used to meet the           |                    |      |
| requirements of this title; and          |                    |      |
+------------------------------------------+--------------------+------+
| \(B\) will be allocated among the        |                    |      |
| activities described in this section to  |                    |      |
| meet State priorities based on input     |                    |      |
| from local educational agencies.         |                    |      |
+------------------------------------------+--------------------+------+
| 20 U.S.C. 1412. STATE ELIGIBILITY.       |                    |      |
+------------------------------------------+--------------------+------+
| \(a\) IN GENERAL- A State is eligible    | States must submit |      |
| for assistance under this part for a     | a plan that        |      |
| fiscal year if the State submits a plan  | includes           |      |
| that provides assurances to the          | assurances that    |      |
| Secretary that the State has in effect   | they meet each of  |      |
| policies and procedures to ensure that   | the 20 U.S.C. 1412 |      |
| the State meets each of the following    | conditions.        |      |
| conditions:                              |                    |      |
+------------------------------------------+--------------------+------+
| \(1\) FREE APPROPRIATE PUBLIC EDUCATION- | No substantive     |      |
|                                          | change.            |      |
| \(A\) 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 | No substantive     |      |
| a free appropriate public education      | change.            |      |
| 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 20 |                    |      |
| U.S.C. 1401; or                          |                    |      |
+------------------------------------------+--------------------+------+
| \(II\) did not have an individualized    |                    |      |
| education program under this part.       |                    |      |
+------------------------------------------+--------------------+------+
| \(C\) STATE FLEXIBILITY- A State that    | New provision.     |      |
| provides early intervention services in  | States are not     |      |
| accordance with part C to a child who is | required to        |      |
| eligible for services under 20 U.S.C.    | provide FAPE to    |      |
| 1419, is not required to provide such    | children who are   |      |
| child with a free appropriate public     | eligible for Part  |      |
| education.                               | B but are          |      |
|                                          | receiving Part C   |      |
|                                          | services.          |      |
+------------------------------------------+--------------------+------+
| \(2\) FULL EDUCATIONAL OPPORTUNITY GOAL- | No substantive     |      |
| The State has established a goal of      | change.            |      |
| providing full educational opportunity   |                    |      |
| to all children with disabilities and a  |                    |      |
| detailed timetable for accomplishing     |                    |      |
| that goal.                               |                    |      |
+------------------------------------------+--------------------+------+
| \(3\) CHILD FIND-                        | No substantive     |      |
|                                          | change.            |      |
| \(A\) IN GENERAL- All children with      |                    |      |
| disabilities residing in the State,      |                    |      |
| including children with disabilities who |                    |      |
| are homeless children or are wards of    |                    |      |
| the State and 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      | No substantive     |      |
| title requires that children be          | change.            |      |
| classified by their disability so long   |                    |      |
| as each child who has a disability       |                    |      |
| listed in 20 U.S.C. 1401 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-  | No substantive     |      |
| An individualized education program, or  | change.            |      |
| an individualized family service plan    |                    |      |
| that meets the requirements of 20 U.S.C. |                    |      |
| 1436(d), is developed, reviewed, and     |                    |      |
| revised for each child with a disability |                    |      |
| in accordance with 20 U.S.C. 1414(d).    |                    |      |
+------------------------------------------+--------------------+------+
| \(5\) LEAST RESTRICTIVE ENVIRONMENT-     | No substantive     |      |
|                                          | change.            |      |
| \(A\) 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-            | Revises (B) to say |      |
|                                          | that State funding |      |
| \(i\) IN GENERAL- A State funding        | formulas shall not |      |
| mechanism shall not result in placements | result in          |      |
| that violate the requirements of         | violations of LRE  |      |
| subparagraph (A), and a State shall not  | and States shall   |      |
| use a funding mechanism by which the     | not use a funding  |      |
| State distributes funds on the basis of  | formula based on   |      |
| the type of setting in which a child is  | type of setting in |      |
| served that will result in the failure   | which child        |      |
| to provide a child with a disability a   | receives services  |      |
| free appropriate public education        | that will result   |      |
| according to the unique needs of the     | in failure to      |      |
| child as described in the child\'s IEP.  | provide FAPE.      |      |
+------------------------------------------+--------------------+------+
| \(ii\) 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 the State will revise the funding   |                    |      |
| mechanism as soon as feasible to ensure  |                    |      |
| that such mechanism does not result in   |                    |      |
| such placements.                         |                    |      |
+------------------------------------------+--------------------+------+
| \(6\) PROCEDURAL SAFEGUARDS-             | No substantive     |      |
|                                          | change.            |      |
| \(A\) IN GENERAL- Children with          |                    |      |
| disabilities and their parents are       |                    |      |
| afforded the procedural safeguards       |                    |      |
| required by 20 U.S.C. 1415.              |                    |      |
+------------------------------------------+--------------------+------+
| \(B\) 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     |                    |      |
| title 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          | No substantive     |      |
| disabilities are evaluated in accordance | change.            |      |
| with subsections (a) through (c) of 20   |                    |      |
| U.S.C. 1414.                             |                    |      |
+------------------------------------------+--------------------+------+
| \(8\) CONFIDENTIALITY- Agencies in the   | No substantive     |      |
| State comply with 20 U.S.C. 1417(c)      | change.            |      |
| (relating to the confidentiality of      |                    |      |
| records and information).                |                    |      |
+------------------------------------------+--------------------+------+
| \(9\) TRANSITION FROM PART C TO          | No substantive     |      |
| PRESCHOOL PROGRAMS- Children             | change.            |      |
| 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 20 U.S.C. 1437(a)(9). By |                    |      |
| the third birthday of such a child, an   |                    |      |
| individualized education program or, if  |                    |      |
| consistent with 20 U.S.C. 1414(d)(2)(B)  |                    |      |
| and 1436(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 20 U.S.C. 1435(a)(10). |                    |      |
+------------------------------------------+--------------------+------+
| \(10\) CHILDREN IN PRIVATE SCHOOLS-      | Adds a reference   |      |
|                                          | to private schools |      |
| \(A\) CHILDREN ENROLLED IN PRIVATE       | located in the LEA |      |
| SCHOOLS BY THEIR PARENTS-                | when calculating   |      |
|                                          | proportional       |      |
| \(i\) IN GENERAL- To the extent          | share.. Adds       |      |
| consistent with the number and location  | requirements to    |      |
| of children with disabilities in the     | consult about      |      |
| State who are enrolled by their parents  | thorough and       |      |
| in private elementary schools and        | complete child     |      |
| secondary schools in the school district | find; use State    |      |
| served by a local educational agency,    | and local funds to |      |
| provision is made for the participation  | supplement and not |      |
| of those children in the program         | supplant           |      |
| assisted or carried out under this part  | proportionate      |      |
| by providing for such children special   | amount; and keep   |      |
| education and related services in        | records on numbers |      |
| accordance with the following            | of children        |      |
| requirements, unless the Secretary has   | evaluated and      |      |
| arranged for services to those children  | number found       |      |
| under subsection (f):                    | eligible. Adds     |      |
|                                          | additional         |      |
|                                          | consultation       |      |
|                                          | requirements on    |      |
|                                          | child find, on     |      |
|                                          | determination of   |      |
|                                          | proportionate      |      |
|                                          | share, on          |      |
|                                          | consultation       |      |
|                                          | process, and on    |      |
|                                          | how services will  |      |
|                                          | be delivered.      |      |
|                                          | Requires LEA to    |      |
|                                          | obtain written     |      |
|                                          | affirmation from   |      |
|                                          | private school     |      |
|                                          | representatives    |      |
|                                          | that timely and    |      |
|                                          | meaningful         |      |
|                                          | consultation       |      |
|                                          | occurred. Gives    |      |
|                                          | private school     |      |
|                                          | representatives    |      |
|                                          | the right to       |      |
|                                          | complain to the    |      |
|                                          | SEA and, if        |      |
|                                          | dissatisfied with  |      |
|                                          | the SEA response,  |      |
|                                          | to appeal to the   |      |
|                                          | Secretary. Adds    |      |
|                                          | requirement that   |      |
|                                          | services be        |      |
|                                          | \'secular, neutral |      |
|                                          | and                |      |
|                                          | nonideological\'   |      |
|                                          | and other          |      |
|                                          | requirements.      |      |
+------------------------------------------+--------------------+------+
| \(I\) Amounts to be expended for the     |                    |      |
| provision of those services (including   |                    |      |
| direct services to parentally placed     |                    |      |
| private school children) by the local    |                    |      |
| educational agency shall be equal to a   |                    |      |
| proportionate amount of Federal funds    |                    |      |
| made available under this part.          |                    |      |
+------------------------------------------+--------------------+------+
| \(II\) In calculating the proportionate  |                    |      |
| amount of Federal funds, the local       |                    |      |
| educational agency, after timely and     |                    |      |
| meaningful consultation with             |                    |      |
| representatives of 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 local educational agency. |                    |      |
+------------------------------------------+--------------------+------+
| \(III\) Such services to parentally      |                    |      |
| placed private school children with      |                    |      |
| disabilities may be provided to the      |                    |      |
| children 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 |                    |      |
| subparagraph.                            |                    |      |
+------------------------------------------+--------------------+------+
| \(V\) Each local educational agency      | See above.         |      |
| shall maintain in its records and        |                    |      |
| provide to the State educational agency  |                    |      |
| the number of children evaluated under   |                    |      |
| this subparagraph, the number of         |                    |      |
| children determined to be children with  |                    |      |
| disabilities under this paragraph, and   |                    |      |
| the number of children served under this |                    |      |
| paragraph.                               |                    |      |
+------------------------------------------+--------------------+------+
| \(ii\) CHILD FIND REQUIREMENT-           |                    |      |
|                                          |                    |      |
| \(I\) IN GENERAL- The requirements of    |                    |      |
| paragraph (3) (relating to child find)   |                    |      |
| shall apply with respect to children     |                    |      |
| with disabilities in the State who are   |                    |      |
| enrolled in private, including           |                    |      |
| religious, elementary schools and        |                    |      |
| secondary schools.                       |                    |      |
+------------------------------------------+--------------------+------+
| \(II\) EQUITABLE PARTICIPATION- The      |                    |      |
| child find process shall be designed to  |                    |      |
| ensure the equitable participation of    |                    |      |
| parentally placed private school         |                    |      |
| children with disabilities 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 the agency\'s public school          |                    |      |
| children.                                |                    |      |
+------------------------------------------+--------------------+------+
| \(IV\) COST- The cost of carrying out    |                    |      |
| this clause, including individual        |                    |      |
| evaluations, may not be considered in    |                    |      |
| determining whether a local educational  |                    |      |
| 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 private school        |                    |      |
| representatives and representatives of   |                    |      |
| parents of parentally placed private     |                    |      |
| school children with disabilities during |                    |      |
| the design and development of special    |                    |      |
| education and related services for the   |                    |      |
| children, including regarding\--         |                    |      |
+------------------------------------------+--------------------+------+
| \(I\) the child find process and how     | See above.         |      |
| 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 amount of Federal funds    |                    |      |
| available to serve parentally placed     |                    |      |
| private school children with             |                    |      |
| disabilities under this subparagraph,    |                    |      |
| including the determination of how the   |                    |      |
| amount was calculated;                   |                    |      |
+------------------------------------------+--------------------+------+
| \(III\) the consultation process among   |                    |      |
| the local educational agency, private    |                    |      |
| school officials, and representatives of |                    |      |
| parents of parentally placed private     |                    |      |
| school children with disabilities,       |                    |      |
| including how such process will operate  |                    |      |
| throughout the school year to ensure     |                    |      |
| that parentally placed private school    |                    |      |
| children with disabilities identified    |                    |      |
| through the child find process can       |                    |      |
| meaningfully participate in special      |                    |      |
| education and related services;          |                    |      |
+------------------------------------------+--------------------+------+
| \(IV\) how, where, and by whom special   |                    |      |
| education and related services will be   |                    |      |
| provided for parentally placed private   |                    |      |
| school children with disabilities,       |                    |      |
| including a discussion of types of       |                    |      |
| services, including direct services and  |                    |      |
| 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; and              |                    |      |
+------------------------------------------+--------------------+------+
| \(V\) how, if the local educational      |                    |      |
| agency disagrees with the views of the   |                    |      |
| private school officials on the          |                    |      |
| provision of services or the types of    |                    |      |
| services, whether provided directly or   |                    |      |
| through a contract, the local            |                    |      |
| educational agency shall provide to the  |                    |      |
| private school officials a written       |                    |      |
| explanation of the reasons why the local |                    |      |
| educational agency chose not to provide  |                    |      |
| services directly or through a contract. |                    |      |
+------------------------------------------+--------------------+------+
| \(iv\) WRITTEN AFFIRMATION- When timely  | See above.         |      |
| and meaningful consultation as required  |                    |      |
| by clause (iii) has occurred, the local  |                    |      |
| educational agency shall obtain a        |                    |      |
| written affirmation signed by the        |                    |      |
| representatives of participating private |                    |      |
| schools, and if such representatives do  |                    |      |
| not provide such affirmation within a    |                    |      |
| reasonable period of time, the local     |                    |      |
| educational agency shall forward the     |                    |      |
| documentation of the consultation        |                    |      |
| process to the State educational agency. |                    |      |
+------------------------------------------+--------------------+------+
| \(v\) COMPLIANCE-                        |                    |      |
|                                          |                    |      |
| \(I\) N GENERAL- A private school        |                    |      |
| official shall have the right to submit  |                    |      |
| a complaint 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 submit a complaint,   |                    |      |
| the official shall provide the basis of  |                    |      |
| the noncompliance with this subparagraph |                    |      |
| 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 submit a       |                    |      |
| complaint to the Secretary by providing  |                    |      |
| the basis of the noncompliance with this |                    |      |
| subparagraph by the local educational    |                    |      |
| agency to the Secretary, and the State   |                    |      |
| educational agency shall forward the     |                    |      |
| appropriate documentation to the         |                    |      |
| Secretary.                               |                    |      |
+------------------------------------------+--------------------+------+
|                                          |                    |      |
+------------------------------------------+--------------------+------+
| \(vi\) PROVISION OF EQUITABLE SERVICES-  |                    |      |
|                                          |                    |      |
| \(I\) DIRECTLY OR THROUGH CONTRACTS- The |                    |      |
| provision of services pursuant to this   |                    |      |
| subparagraph 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.   |                    |      |
+------------------------------------------+--------------------+------+
|                                          |                    |      |
+------------------------------------------+--------------------+------+
| \(II\) SECULAR, NEUTRAL, NONIDEOLOGICAL- |                    |      |
| Special education and related services   |                    |      |
| provided to parentally placed private    |                    |      |
| school children with disabilities,       |                    |      |
| including materials and equipment, shall |                    |      |
| be secular, neutral, and nonideological. |                    |      |
+------------------------------------------+--------------------+------+
| \(vii\) PUBLIC CONTROL OF FUNDS- The     |                    |      |
| control of funds used to provide special |                    |      |
| education and related services under     |                    |      |
| this subparagraph, 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 title, and a   |                    |      |
| public agency shall administer the funds |                    |      |
| and property.                            |                    |      |
+------------------------------------------+--------------------+------+
| \(B\) 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 educational agencies |                    |      |
| and local educational agencies and that  |                    |      |
| children so served have all the rights   |                    |      |
| the children 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 school 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 | No substantive     |      |
| cost of reimbursement described in       | change.            |      |
| 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 item     |                    |      |
| (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 20 U.S.C. 1415(b)(3), 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    | Separates out the  |      |
| notice requirement in clause (iii)(I),   | exceptions to the  |      |
| the cost of reimbursement\--             | reduction in       |      |
|                                          | reimbursements     |      |
|                                          | that apply         |      |
|                                          | automatically if   |      |
|                                          | found and those    |      |
|                                          | that are           |      |
|                                          | discretionary on   |      |
|                                          | the part of a      |      |
|                                          | court or hearing   |      |
|                                          | officer.           |      |
+------------------------------------------+--------------------+------+
| \(I\) 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 20 U.S.C. 1415, 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          | Adds requirement   |      |
| RESPONSIBLE FOR GENERAL SUPERVISION-     | that SEA carry out |      |
|                                          | IDEA with regard   |      |
| \(A\) IN GENERAL- The State educational  | to homeless        |      |
| agency is responsible for ensuring       | children in a      |      |
| that\--                                  | manner consistent  |      |
|                                          | with the           |      |
| \(i\) the requirements of this part are  | McKinney-Vento     |      |
| met;                                     | Act. Link to the   |      |
|                                          | McKinney-Vento Act |      |
|                                          | is:                |      |
|                                          | www.na             |      |
|                                          | ehcy.org/mvact.doc |      |
+------------------------------------------+--------------------+------+
| \(ii\) all educational programs for      |                    |      |
| children with disabilities in the State, |                    |      |
| including all such programs administered |                    |      |
| by any other State agency 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; and        |                    |      |
+------------------------------------------+--------------------+------+
| \(iii\) in carrying out this part with   |                    |      |
| respect to homeless children, the        |                    |      |
| requirements of subtitle B of title VII  |                    |      |
| of the McKinney-Vento Homeless           |                    |      |
| Assistance Act (42 U.S.C. 11431 et seq.) |                    |      |
| are met.                                 |                    |      |
+------------------------------------------+--------------------+------+
| \(B\) 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.   |                    |      |
+------------------------------------------+--------------------+------+
| \(12\) OBLIGATIONS RELATED TO AND        | No substantive     |      |
| METHODS OF ENSURING SERVICES-            | change.            |      |
|                                          |                    |      |
| \(A\) ESTABLISHING RESPONSIBILITY FOR    |                    |      |
| SERVICES- The Chief Executive Officer of |                    |      |
| a State or designee of the officer shall |                    |      |
| ensure that an interagency agreement or  |                    |      |
| other mechanism for interagency          |                    |      |
| coordination is in effect between each   |                    |      |
| public agency described in subparagraph  |                    |      |
| (B) and the State educational agency, in |                    |      |
| order to ensure that all services        |                    |      |
| described in subparagraph (B)(i) that    |                    |      |
| are needed to ensure a free appropriate  |                    |      |
| public education are provided, including |                    |      |
| the provision of such services during    |                    |      |
| the pendency of any dispute under clause |                    |      |
| (iii). Such agreement or mechanism shall |                    |      |
| include the following:                   |                    |      |
+------------------------------------------+--------------------+------+
| \(i\) AGENCY FINANCIAL RESPONSIBILITY-   |                    |      |
| An identification of, or a method for    |                    |      |
| defining, the financial responsibility   |                    |      |
| of each agency for providing services    |                    |      |
| described in subparagraph (B)(i) to      |                    |      |
| ensure a free appropriate public         |                    |      |
| education to children with disabilities, |                    |      |
| provided that the financial              |                    |      |
| responsibility of each public agency     |                    |      |
| described in subparagraph (B), including |                    |      |
| the State medicaid agency and other      |                    |      |
| public insurers of children with         |                    |      |
| disabilities, shall precede the          |                    |      |
| financial responsibility of the local    |                    |      |
| educational agency (or the State agency  |                    |      |
| responsible for developing the child\'s  |                    |      |
| IEP).                                    |                    |      |
+------------------------------------------+--------------------+------+
| \(ii\) CONDITIONS AND TERMS OF           |                    |      |
| REIMBURSEMENT- The conditions, terms,    |                    |      |
| and procedures under which a local       |                    |      |
| educational agency shall be reimbursed   |                    |      |
| by other agencies.                       |                    |      |
+------------------------------------------+--------------------+------+
| \(iii\) INTERAGENCY DISPUTES- Procedures |                    |      |
| for resolving interagency disputes       |                    |      |
| (including procedures under which local  |                    |      |
| educational agencies may initiate        |                    |      |
| proceedings) under the agreement or      |                    |      |
| other mechanism to secure reimbursement  |                    |      |
| from other agencies or otherwise         |                    |      |
| implement the provisions of the          |                    |      |
| agreement or mechanism.                  |                    |      |
+------------------------------------------+--------------------+------+
| \(iv\) COORDINATION OF SERVICES          |                    |      |
| PROCEDURES- Policies and procedures for  |                    |      |
| agencies to determine and identify the   |                    |      |
| interagency coordination                 |                    |      |
| responsibilities of each agency to       |                    |      |
| promote the coordination and timely and  |                    |      |
| appropriate delivery of services         |                    |      |
| described in subparagraph (B)(i).        |                    |      |
+------------------------------------------+--------------------+------+
| \(B\) OBLIGATION OF PUBLIC AGENCY-       |                    |      |
|                                          |                    |      |
| \(i\) IN GENERAL- If any public agency   |                    |      |
| other than an educational agency is      |                    |      |
| otherwise obligated under Federal or     |                    |      |
| State law, or assigned responsibility    |                    |      |
| under State policy pursuant to           |                    |      |
| subparagraph (A), to provide or pay for  |                    |      |
| any services that are also considered    |                    |      |
| special education or related services    |                    |      |
| (such as, but not limited to, services   |                    |      |
| described in 20 U.S.C. 1401(1) relating  |                    |      |
| to assistive technology devices, 20      |                    |      |
| U.S.C. 1401(2) relating to assistive     |                    |      |
| technology services, 20 U.S.C. 1401(26)  |                    |      |
| relating to related services, 20 U.S.C.  |                    |      |
| 1401(33) relating to supplementary aids  |                    |      |
| and services, and 20 U.S.C. 1401(34)     |                    |      |
| relating to transition services) that    |                    |      |
| are necessary for ensuring a free        |                    |      |
| appropriate public education to children |                    |      |
| with disabilities within the State, such |                    |      |
| public agency shall fulfill that         |                    |      |
| obligation or responsibility, either     |                    |      |
| directly or through contract or other    |                    |      |
| arrangement pursuant to subparagraph (A) |                    |      |
| or an agreement pursuant to subparagraph |                    |      |
| (C).                                     |                    |      |
+------------------------------------------+--------------------+------+
| \(ii\) REIMBURSEMENT FOR SERVICES BY     |                    |      |
| PUBLIC AGENCY- If a public agency other  |                    |      |
| than an educational agency fails to      |                    |      |
| provide or pay for the special education |                    |      |
| and related services described in clause |                    |      |
| (i), the local educational agency (or    |                    |      |
| State agency responsible for developing  |                    |      |
| the child\'s IEP) shall provide or pay   |                    |      |
| for such services to the child. Such     |                    |      |
| local educational agency or State agency |                    |      |
| is authorized to claim reimbursement for |                    |      |
| the services from the public agency that |                    |      |
| failed to provide or pay for such        |                    |      |
| services and such public agency shall    |                    |      |
| reimburse the local educational agency   |                    |      |
| or State agency pursuant to the terms of |                    |      |
| the interagency agreement or other       |                    |      |
| mechanism described in subparagraph      |                    |      |
| (A)(i) according to the procedures       |                    |      |
| established in such agreement pursuant   |                    |      |
| to subparagraph (A)(ii).                 |                    |      |
+------------------------------------------+--------------------+------+
| \(C\) SPECIAL RULE- The requirements of  |                    |      |
| subparagraph (A) may be met through\--   |                    |      |
|                                          |                    |      |
| \(i\) State statute or regulation;       |                    |      |
+------------------------------------------+--------------------+------+
| \(ii\) signed agreements between         |                    |      |
| respective agency officials that clearly |                    |      |
| identify the responsibilities of each    |                    |      |
| agency relating to the provision of      |                    |      |
| services; or                             |                    |      |
+------------------------------------------+--------------------+------+
| \(iii\) other appropriate written        | Adds a requirement |      |
| methods as determined by the Chief       | that if the State  |      |
| Executive Officer of the State or        | assigns            |      |
| designee of the officer and approved by  | responsibility for |      |
| the Secretary.                           | services through a |      |
|                                          | method other than  |      |
|                                          | a statute,         |      |
|                                          | regulation or      |      |
|                                          | signed agreement,  |      |
|                                          | that the Secretary |      |
|                                          | approve that other |      |
|                                          | method.            |      |
+------------------------------------------+--------------------+------+
| \(13\) PROCEDURAL REQUIREMENTS RELATING  | No substantive     |      |
| TO LOCAL EDUCATIONAL AGENCY ELIGIBILITY- | change.            |      |
| 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 QUALIFICATIONS-         | \[NOTE: CSPD       |      |
|                                          | eliminated (prior  |      |
| \(A\) IN GENERAL- The State educational  | 20 U.S.C.          |      |
| agency has established and maintains     | 1412(a)(14))\]     |      |
| qualifications to ensure that personnel  |                    |      |
| necessary to carry out this part are     | Adds requirement   |      |
| appropriately and adequately prepared    | that               |      |
| and trained, including that those        | qualifications     |      |
| personnel have the content knowledge and | ensure that        |      |
| skills to serve children with            | personnel *have    |      |
| disabilities.                            | the content        |      |
|                                          | knowledge and      |      |
|                                          | skills to serve    |      |
|                                          | children with      |      |
|                                          | disabilities*.     |      |
+------------------------------------------+--------------------+------+
| \(B\) RELATED SERVICES PERSONNEL AND     | Provides that      |      |
| PARAPROFESSIONALS- The qualifications    | related services   |      |
| under subparagraph (A) include           | and                |      |
| qualifications for related services      | paraprofessional   |      |
| personnel and paraprofessionals that\--  | qualifications     |      |
|                                          | must be consistent |      |
|                                          | with               |      |
|                                          | State-recognized   |      |
|                                          | certification,     |      |
|                                          | licensing,         |      |
|                                          | registration or    |      |
|                                          | other comparable   |      |
|                                          | requirements that  |      |
|                                          | apply to the       |      |
|                                          | profession or      |      |
|                                          | discipline and     |      |
|                                          | that those         |      |
|                                          | personnel have not |      |
|                                          | had certification  |      |
|                                          | or licensure       |      |
|                                          | requirements       |      |
|                                          | waived on a        |      |
|                                          | temporary,         |      |
|                                          | emergency or       |      |
|                                          | provisional basis  |      |
|                                          | and allows         |      |
|                                          | paraprofessionals  |      |
|                                          | and assistants who |      |
|                                          | are appropriately  |      |
|                                          | trained and        |      |
|                                          | supervised in      |      |
|                                          | accordance with    |      |
|                                          | State law,         |      |
|                                          | regulation or      |      |
|                                          | written policy to  |      |
|                                          | be used to assist  |      |
|                                          | in the provision   |      |
|                                          | of services.       |      |
+------------------------------------------+--------------------+------+
| \(i\) are 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;   |                    |      |
+------------------------------------------+--------------------+------+
| \(ii\) ensure that related services      |                    |      |
| personnel who deliver services in their  |                    |      |
| discipline or profession meet the        |                    |      |
| requirements of clause (i) and have not  |                    |      |
| had certification or licensure           |                    |      |
| requirements waived on an emergency,     |                    |      |
| temporary, or provisional basis; and     |                    |      |
+------------------------------------------+--------------------+------+
| \(iii\) allow paraprofessionals and      |                    |      |
| assistants who are appropriately trained |                    |      |
| and supervised, in accordance with State |                    |      |
| law, regulation, or written policy, in   |                    |      |
| meeting the requirements of this part to |                    |      |
| be used to assist in the provision of    |                    |      |
| special education and related services   |                    |      |
| under this part to children with         |                    |      |
| disabilities.                            |                    |      |
+------------------------------------------+--------------------+------+
| \(C\) QUALIFICATIONS FOR SPECIAL         | New requirement    |      |
| EDUCATION TEACHERS- The qualifications   | that each special  |      |
| described in subparagraph (A) shall      | education teacher  |      |
| ensure that each person employed as a    | meet the           |      |
| special education teacher in the State   | definition of      |      |
| who teaches elementary school, middle    | "highly qualified" |      |
| school, or secondary school is highly    | \[in 20 U.S.C.     |      |
| qualified by the deadline established in | 1401(10)\] by the  |      |
| section 1119(a)(2) of the Elementary and | deadline           |      |
| Secondary Education Act of 1965.         | established in     |      |
|                                          | 1119(a)(2) \[by    |      |
|                                          | the end of the     |      |
|                                          | 2005-2006 school   |      |
|                                          | year\].            |      |
+------------------------------------------+--------------------+------+
| \(D\) POLICY- In implementing this       | New policy         |      |
| section, a State shall adopt a policy    | requirement        |      |
| that includes a requirement that local   | providing that     |      |
| educational agencies in the State take   | States shall have  |      |
| measurable steps to recruit, hire,       | a policy that      |      |
| train, and retain highly qualified       | includes a         |      |
| personnel to provide special education   | requirement that   |      |
| and related services under this part to  | LEAs take          |      |
| children with disabilities.              | measurable steps   |      |
|                                          | to recruit, hire,  |      |
|                                          | retain and train   |      |
|                                          | highly-qualified   |      |
|                                          | personnel.         |      |
+------------------------------------------+--------------------+------+
| \(E\) RULE OF CONSTRUCTION-              | Provides that      |      |
| Notwithstanding any other individual     | failure of         |      |
| right of action that a parent or student | personnel to meet  |      |
| may maintain under this part, nothing in | these standards    |      |
| this paragraph shall be construed to     | does not create a  |      |
| create a right of action on behalf of an | right of action or |      |
| individual student for the failure of a  | prevent a          |      |
| particular State educational agency or   | complaint to the   |      |
| local educational agency staff person to | SEA about staff    |      |
| be highly qualified, or to prevent a     | qualifications.    |      |
| parent from filing a complaint about     |                    |      |
| staff qualifications with the State      | \[NOTE: Policy on  |      |
| educational agency as provided for under | shortages and      |      |
| this part.                               | highest            |      |
|                                          | requirements       |      |
|                                          | language are       |      |
|                                          | deleted (prior 20  |      |
|                                          | U.S.C.             |      |
|                                          | 1412(a)(15)(B)(ii) |      |
|                                          | and (C))\]         |      |
+------------------------------------------+--------------------+------+
| \(15\) PERFORMANCE GOALS AND INDICATORS- | Revised to connect |      |
| The State\--                             | more closely with  |      |
|                                          | performance goals  |      |
| \(A\) has established goals for the      | under ESEA, to     |      |
| performance of children with             | require annual, as |      |
| disabilities in the State that\--        | opposed to         |      |
|                                          | biannual reporting |      |
|                                          | to the Secretary   |      |
|                                          | and the public,    |      |
|                                          | and to delete      |      |
|                                          | reference to       |      |
|                                          | modifications to a |      |
|                                          | State Improvement  |      |
|                                          | Plan under prior   |      |
|                                          | law.               |      |
+------------------------------------------+--------------------+------+
| \(i\) promote the purposes of this       |                    |      |
| title, as stated in 20 U.S.C. 1400(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 graduation rates and     |                    |      |
| 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 the goals      |                    |      |
| described in subparagraph (A), including |                    |      |
| measurable annual objectives for         |                    |      |
| progress by children with disabilities   |                    |      |
| under section 1111(b)(2)(C)(v)(II)(cc)   |                    |      |
| 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-     | Revised to specify |      |
|                                          | that all children  |      |
| \(A\) IN GENERAL- All children with      | with disabilities  |      |
| disabilities are included in all general | participate in all |      |
| State and districtwide assessment        | general State- and |      |
| programs, including assessments          | district-wide      |      |
| described under section 1111 of the      | assessment         |      |
| Elementary and Secondary Education Act   | programs, and that |      |
| of 1965, with appropriate accommodations | States have        |      |
| and alternate assessments where          | guidelines on the  |      |
| necessary and as indicated in their      | provision of       |      |
| respective individualized education      | appropriate        |      |
| programs.                                | accommodations.    |      |
|                                          | Other changes to   |      |
|                                          | clarify that       |      |
|                                          | alternate          |      |
|                                          | assessments be     |      |
|                                          | aligned with       |      |
|                                          | State's            |      |
|                                          | challenging        |      |
|                                          | academic content   |      |
|                                          | and achievement    |      |
|                                          | standards, and to  |      |
|                                          | incorporate        |      |
|                                          | alternate          |      |
|                                          | assessments        |      |
|                                          | aligned to         |      |
|                                          | alternate          |      |
|                                          | achievement        |      |
|                                          | standards as       |      |
|                                          | permitted under    |      |
|                                          | ESEA.              |      |
+------------------------------------------+--------------------+------+
| \(B\) ACCOMMODATION GUIDELINES- The      |                    |      |
| State (or, in the case of a districtwide |                    |      |
| assessment, the local educational        |                    |      |
| agency) has developed guidelines for the |                    |      |
| provision of appropriate accommodations. |                    |      |
+------------------------------------------+--------------------+------+
| \(C\) ALTERNATE ASSESSMENTS-             |                    |      |
|                                          |                    |      |
| \(i\) IN GENERAL- The State (or, in the  |                    |      |
| case of a districtwide assessment, the   |                    |      |
| local educational agency) 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 |                    |      |
| subparagraph (A) with accommodations as  |                    |      |
| indicated in their respective            |                    |      |
| individualized education programs.       |                    |      |
+------------------------------------------+--------------------+------+
| \(ii\) REQUIREMENTS FOR ALTERNATE        |                    |      |
| ASSESSMENTS- The guidelines under clause |                    |      |
| (i) shall provide for alternate          |                    |      |
| assessments that\--                      |                    |      |
+------------------------------------------+--------------------+------+
| \(I\) are aligned with the State\'s      |                    |      |
| challenging academic content standards   |                    |      |
| and challenging student academic         |                    |      |
| achievement standards; and               |                    |      |
+------------------------------------------+--------------------+------+
| \(II\) if the State has adopted          |                    |      |
| alternate academic achievement standards |                    |      |
| permitted under the regulations          |                    |      |
| promulgated to carry out section         |                    |      |
| 1111(b)(1) of the Elementary and         |                    |      |
| Secondary Education Act of 1965, measure |                    |      |
| the achievement of children with         |                    |      |
| disabilities against those standards.    |                    |      |
+------------------------------------------+--------------------+------+
| \(iii\) CONDUCT OF ALTERNATE             |                    |      |
| ASSESSMENTS- The State conducts the      |                    |      |
| alternate assessments described in this  |                    |      |
| subparagraph.                            |                    |      |
+------------------------------------------+--------------------+------+
| \(D\) REPORTS- The State educational     |                    |      |
| agency (or, in the case of a             |                    |      |
| districtwide 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 described in subparagraph    |                    |      |
| (C)(ii)(I).                              |                    |      |
+------------------------------------------+--------------------+------+
| \(iii\) The number of children with      |                    |      |
| disabilities participating in alternate  |                    |      |
| assessments described in subparagraph    |                    |      |
| (C)(ii)(II).                             |                    |      |
+------------------------------------------+--------------------+------+
| \(iv\) 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 will not reveal personally   |                    |      |
| identifiable information about an        |                    |      |
| individual student), compared with the   |                    |      |
| achievement of all children, including   |                    |      |
| children with disabilities, on those     |                    |      |
| assessments.                             |                    |      |
+------------------------------------------+--------------------+------+
| \(E\) UNIVERSAL DESIGN- The State        |                    |      |
| educational agency (or, in the case of a |                    |      |
| districtwide assessment, the local       |                    |      |
| educational agency) shall, to the extent |                    |      |
| feasible, use universal design           |                    |      |
| principles in developing and             |                    |      |
| administering any assessments under this |                    |      |
| paragraph.                               |                    |      |
+------------------------------------------+--------------------+------+
| \(17\) SUPPLEMENTATION OF STATE, LOCAL,  | No substantive     |      |
| AND OTHER FEDERAL FUNDS-                 | change.            |      |
|                                          |                    |      |
| \(A\) 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 20 U.S.C. 1413,    |                    |      |
| 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.                   |                    |      |
+------------------------------------------+--------------------+------+
| \(18\) MAINTENANCE OF STATE FINANCIAL    | No substantive     |      |
| SUPPORT-                                 | change except for  |      |
|                                          | deleting prior 20  |      |
| \(A\) IN GENERAL- The State does not     | U.S.C.             |      |
| reduce the amount of State financial     | 1412(a)(18)(e)     |      |
| support for special education and        | regarding          |      |
| related services for children with       | regulations.       |      |
| 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 20  |                    |      |
| U.S.C. 1411 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 1      |                    |      |
| 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 (17)(C) 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.   |                    |      |
+------------------------------------------+--------------------+------+
| \(19\) PUBLIC PARTICIPATION- Prior to    | No substantive     |      |
| the adoption of any policies and         | change.            |      |
| 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.              |                    |      |
+------------------------------------------+--------------------+------+
| \(20\) RULE OF CONSTRUCTION- In          | New provision. In  |      |
| complying with paragraphs (17) and (18), | complying with use |      |
| a State may not use funds paid to it     | of funds           |      |
| under this part to satisfy State-law     | requirements,      |      |
| mandated funding obligations to local    | including          |      |
| educational agencies, including funding  | supplement, not    |      |
| based on student attendance or           | supplant and       |      |
| enrollment, or inflation.                | maintenance of     |      |
|                                          | effort, a State    |      |
|                                          | may not use funds  |      |
|                                          | paid to it under   |      |
|                                          | this part to       |      |
|                                          | satisfy State-law  |      |
|                                          | mandated funding   |      |
|                                          | obligations to     |      |
|                                          | local educational  |      |
|                                          | agencies,          |      |
|                                          | including funding  |      |
|                                          | based on student   |      |
|                                          | attendance or      |      |
|                                          | enrollment, or     |      |
|                                          | inflation.         |      |
+------------------------------------------+--------------------+------+
| \(21\) STATE ADVISORY PANEL-             | Some revisions to  |      |
|                                          | advisory panel     |      |
| \(A\) IN GENERAL- The State has          | membership --      |      |
| established and maintains an advisory    | parent members     |      |
| panel for the purpose of providing       | must be parents of |      |
| policy guidance with respect to special  | children with      |      |
| education and related services for       | disabilities from  |      |
| children with disabilities in the State. | birth through age  |      |
|                                          | 26, and adds new   |      |
|                                          | membership         |      |
|                                          | requirements for   |      |
|                                          | State and local    |      |
|                                          | officials who      |      |
|                                          | carry out the      |      |
|                                          | McKinney-Vento     |      |
|                                          | Homeless           |      |
|                                          | Assistance Act and |      |
|                                          | a representative   |      |
|                                          | of the State child |      |
|                                          | welfare agency     |      |
|                                          | responsible for    |      |
|                                          | foster care.       |      |
+------------------------------------------+--------------------+------+
| \(B\) MEMBERSHIP- Such advisory panel    |                    |      |
| shall consist of members appointed by    |                    |      |
| the Governor, or any other official      |                    |      |
| authorized under State law to make such  |                    |      |
| appointments, be representative of the   |                    |      |
| State population, and be 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, including officials who carry |                    |      |
| out activities under subtitle B of title |                    |      |
| VII of the McKinney-Vento Homeless       |                    |      |
| Assistance Act (42 U.S.C. 11431 et       |                    |      |
| seq.);                                   |                    |      |
+------------------------------------------+--------------------+------+
| \(vi\) 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;      |                    |      |
+------------------------------------------+--------------------+------+
| \(ix\) not less than 1 representative of |                    |      |
| a vocational, community, or business     |                    |      |
| organization concerned with the          |                    |      |
| provision of transition services to      |                    |      |
| children with disabilities;              |                    |      |
+------------------------------------------+--------------------+------+
| \(x\) a representative from the State    |                    |      |
| child welfare agency responsible for     |                    |      |
| foster care; and                         |                    |      |
+------------------------------------------+--------------------+------+
| \(xi\) 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         | No substantive     |      |
| shall\--                                 | change.            |      |
|                                          |                    |      |
| \(i\) 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 |                    |      |
| 20 U.S.C. 1418;                          |                    |      |
+------------------------------------------+--------------------+------+
| \(iv\) 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-   | Revises the        |      |
|                                          | provision to       |      |
| \(A\) IN GENERAL- The State educational  | require that data  |      |
| agency examines data, including data     | on suspension and  |      |
| disaggregated by race and ethnicity, to  | expulsion rates    |      |
| determine if significant discrepancies   | also be            |      |
| are occurring in the rate of long-term   | disaggregated by   |      |
| suspensions and expulsions of children   | race and           |      |
| with disabilities\--                     | ethnicity.         |      |
+------------------------------------------+--------------------+------+
| \(i\) 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 title.                  |                    |      |
+------------------------------------------+--------------------+------+
| \(23\) ACCESS TO INSTRUCTIONAL           | New provision.     |      |
| MATERIALS-                               | Requires States to |      |
|                                          | adopt the National |      |
| \(A\) IN GENERAL- The State adopts the   | Instructional      |      |
| National Instructional Materials         | Materials          |      |
| Accessibility Standard for the purposes  | Accessibility      |      |
| of providing instructional materials to  | Standard for       |      |
| blind persons or other persons with      | providing          |      |
| print disabilities, in a timely manner   | instructional      |      |
| after the publication of the National    | materials to blind |      |
| Instructional Materials Accessibility    | and other persons  |      |
| Standard in the Federal Register.        | with print         |      |
|                                          | disabilities in a  |      |
|                                          | timely manner      |      |
|                                          | after publication  |      |
|                                          | of the Standard in |      |
|                                          | the Federal        |      |
|                                          | Register. States   |      |
|                                          | are not required   |      |
|                                          | to coordinate with |      |
|                                          | the National       |      |
|                                          | Instructional      |      |
|                                          | Materials Access   |      |
|                                          | Center, but if     |      |
|                                          | they do not, they  |      |
|                                          | must provide an    |      |
|                                          | assurance to the   |      |
|                                          | Secretary that     |      |
|                                          | they will provide  |      |
|                                          | instructional      |      |
|                                          | materials to blind |      |
|                                          | and print disabled |      |
|                                          | person in a timely |      |
|                                          | manner. Specific   |      |
|                                          | rules apply to     |      |
|                                          | States that do     |      |
|                                          | coordinate with    |      |
|                                          | the Center. To the |      |
|                                          | maximum extent     |      |
|                                          | possible, SEAs     |      |
|                                          | must work with the |      |
|                                          | State agency for   |      |
|                                          | assistive          |      |
|                                          | technology in      |      |
|                                          | carrying out these |      |
|                                          | requirements.      |      |
+------------------------------------------+--------------------+------+
| \(B\) RIGHTS OF STATE EDUCATIONAL        |                    |      |
| AGENCY- Nothing in this paragraph shall  |                    |      |
| be construed to require any State        |                    |      |
| educational agency to coordinate with    |                    |      |
| the National Instructional Materials     |                    |      |
| Access Center. If a State educational    |                    |      |
| agency chooses not to coordinate with    |                    |      |
| the National Instructional Materials     |                    |      |
| Access Center, such agency shall provide |                    |      |
| an assurance to the Secretary that the   |                    |      |
| agency will provide instructional        |                    |      |
| materials to blind persons or other      |                    |      |
| persons with print disabilities in a     |                    |      |
| timely manner.                           |                    |      |
+------------------------------------------+--------------------+------+
| \(C\) PREPARATION AND DELIVERY OF FILES- |                    |      |
| If a State educational agency chooses to |                    |      |
| coordinate with the National             |                    |      |
| Instructional Materials Access Center,   |                    |      |
| not later than 2 years after the date of |                    |      |
| enactment of the Individuals with        |                    |      |
| Disabilities Education Improvement Act   |                    |      |
| of 2004, the agency, as part of any      |                    |      |
| print instructional materials adoption   |                    |      |
| process, procurement contract, or other  |                    |      |
| practice or instrument used for purchase |                    |      |
| of print instructional materials, shall  |                    |      |
| enter into a written contract with the   |                    |      |
| publisher of the print instructional     |                    |      |
| materials to\--                          |                    |      |
+------------------------------------------+--------------------+------+
| \(i\) require the publisher to prepare   |                    |      |
| and, on or before delivery of the print  |                    |      |
| instructional materials, provide to the  |                    |      |
| National Instructional Materials Access  |                    |      |
| Center electronic files containing the   |                    |      |
| contents of the print instructional      |                    |      |
| materials using the National             |                    |      |
| Instructional Materials Accessibility    |                    |      |
| Standard; or                             |                    |      |
+------------------------------------------+--------------------+------+
| \(ii\) purchase instructional materials  |                    |      |
| from the publisher that are produced in, |                    |      |
| or may be rendered in, specialized       |                    |      |
| formats.                                 |                    |      |
+------------------------------------------+--------------------+------+
| \(D\) ASSISTIVE TECHNOLOGY- In carrying  |                    |      |
| out this paragraph, the State            |                    |      |
| educational agency, to the maximum       |                    |      |
| extent possible, shall work              |                    |      |
| collaboratively with the State agency    |                    |      |
| responsible for assistive technology     |                    |      |
| programs.                                |                    |      |
+------------------------------------------+--------------------+------+
| \(E\) DEFINITIONS- In this paragraph:    |                    |      |
|                                          |                    |      |
| \(i\) NATIONAL INSTRUCTIONAL MATERIALS   |                    |      |
| ACCESS CENTER- The term \`National       |                    |      |
| Instructional Materials Access Center\'  |                    |      |
| means the center established pursuant to |                    |      |
| 20 U.S.C. 1474(e).                       |                    |      |
+------------------------------------------+--------------------+------+
| \(ii\) NATIONAL INSTRUCTIONAL MATERIALS  |                    |      |
| ACCESSIBILITY STANDARD- The term         |                    |      |
| \`National Instructional Materials       |                    |      |
| Accessibility Standard\' has the meaning |                    |      |
| given the term in 20 U.S.C.              |                    |      |
| 1474(e)(3)(A).                           |                    |      |
+------------------------------------------+--------------------+------+
| \(iii\) SPECIALIZED FORMATS- The term    |                    |      |
| \`specialized formats\' has the meaning  |                    |      |
| given the term in 20 U.S.C.              |                    |      |
| 1474(e)(3)(D).                           |                    |      |
+------------------------------------------+--------------------+------+
| \(24\) OVERIDENTIFICATION AND            | New provision.     |      |
| DISPROPORTIONALITY- The State has in     | States must have   |      |
| effect, consistent with the purposes of  | in effect policies |      |
| this title and with 20 U.S.C. 1418(d),   | and procedures     |      |
| policies and procedures designed to      | designed to        |      |
| prevent the inappropriate                | prevent            |      |
| overidentification or disproportionate   | inappropriate      |      |
| representation by race and ethnicity of  | overidentification |      |
| children as children with disabilities,  | or                 |      |
| including children with disabilities     | disproportionate   |      |
| with a particular impairment described   | representation by  |      |
| in 20 U.S.C. 1401.                       | race or ethnicity  |      |
|                                          | of children with   |      |
|                                          | disabilities,      |      |
|                                          | including          |      |
|                                          | particular         |      |
|                                          | disability         |      |
|                                          | categories.        |      |
+------------------------------------------+--------------------+------+
| \(25\) PROHIBITION ON MANDATORY          | New provision.     |      |
| MEDICATION-                              | States and local   |      |
|                                          | agency personnel   |      |
| \(A\) IN GENERAL- The State educational  | are prohibited     |      |
| agency shall prohibit State and local    | from requiring a   |      |
| educational agency personnel from        | child to obtain a  |      |
| requiring a child to obtain a            | prescription for a |      |
| prescription for a substance covered by  | controlled         |      |
| the Controlled Substances Act (21 U.S.C. | substance as a     |      |
| 801 et seq.) as a condition of attending | condition of       |      |
| school, receiving an evaluation under    | attending school,  |      |
| subsection (a) or (c) of 20 U.S.C. 1414, | receiving an       |      |
| or receiving services under this title.  | evaluation, or     |      |
|                                          | receiving services |      |
|                                          | under the IDEA.    |      |
|                                          | Does not prohibit  |      |
|                                          | teachers or other  |      |
|                                          | school personnel   |      |
|                                          | from *sharing      |      |
|                                          | classroom-based    |      |
|                                          | observations with  |      |
|                                          | parents or         |      |
|                                          | guardians          |      |
|                                          | regarding a        |      |
|                                          | student's academic |      |
|                                          | and functional     |      |
|                                          | performance, or    |      |
|                                          | behavior in the    |      |
|                                          | classroom or       |      |
|                                          | school or          |      |
|                                          | regarding the need |      |
|                                          | for an evaluation  |      |
|                                          | for special        |      |
|                                          | education or       |      |
|                                          | related services*. |      |
+------------------------------------------+--------------------+------+
| \(B\) RULE OF CONSTRUCTION- Nothing in   |                    |      |
| subparagraph (A) shall be construed to   |                    |      |
| create a Federal prohibition against     |                    |      |
| teachers and other school personnel      |                    |      |
| consulting or sharing classroom-based    |                    |      |
| observations with parents or guardians   |                    |      |
| regarding a student\'s academic and      |                    |      |
| functional performance, or behavior in   |                    |      |
| the classroom or school, or regarding    |                    |      |
| the need for evaluation for special      |                    |      |
| education or related services under      |                    |      |
| paragraph (3).                           |                    |      |
+------------------------------------------+--------------------+------+
| \(b\) STATE EDUCATIONAL AGENCY AS        | No substantive     |      |
| PROVIDER OF FREE APPROPRIATE PUBLIC      | change.            |      |
| 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 20 U.S.C. 1413(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 20 U.S.C. 1413(a)(2)(A)(i) (relating  |                    |      |
| to excess costs).                        |                    |      |
+------------------------------------------+--------------------+------+
| 20 U.S.C. 1413. LOCAL EDUCATIONAL AGENCY |                    |      |
| ELIGIBILITY.                             |                    |      |
+------------------------------------------+--------------------+------+
| \(a\) IN GENERAL- A local educational    | No substantive     |      |
| agency is eligible for assistance under  | change.            |      |
| this part for a fiscal year if such      |                    |      |
| agency submits a plan that provides      |                    |      |
| assurances to the State educational      |                    |      |
| agency that the local educational agency |                    |      |
| meets each of the following conditions:  |                    |      |
+------------------------------------------+--------------------+------+
| \(1\) CONSISTENCY WITH STATE POLICIES-   | No substantive     |      |
| The local educational agency, in         | change.            |      |
| 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 20 U.S.C.   |                    |      |
| 1412.                                    |                    |      |
+------------------------------------------+--------------------+------+
| \(2\) 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     | No substantive     |      |
| restriction in subparagraph (A)(iii), a  | change.            |      |
| 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         | No substantive     |      |
| expenditures for long-term purchases,    | change.            |      |
| such as the acquisition of equipment or  |                    |      |
| the construction of school facilities.   |                    |      |
+------------------------------------------+--------------------+------+
| \(C\) ADJUSTMENT TO LOCAL FISCAL EFFORT  | Replaces prior     |      |
| IN CERTAIN FISCAL YEARS-                 | provision          |      |
|                                          | regarding use of   |      |
| \(i\) AMOUNTS IN EXCESS- Notwithstanding | certain Federal    |      |
| clauses (ii) and (iii) of subparagraph   | funds with a new   |      |
| (A), for any fiscal year for which the   | provision that an  |      |
| allocation received by a local           | LEA may reduce the |      |
| educational agency under 20 U.S.C.       | amount of local    |      |
| 1411(f) exceeds the amount the local     | fiscal effort by   |      |
| educational agency received for the      | not more than 50%  |      |
| previous fiscal year, the local          | of any increase in |      |
| educational agency may reduce the level  | the amount of its  |      |
| of expenditures otherwise required by    | Federal allocation |      |
| subparagraph (A)(iii) by not more than   | as long as the LEA |      |
| 50 percent of the amount of such excess. | uses an equal      |      |
|                                          | amount of local    |      |
|                                          | funds to carry out |      |
|                                          | activities         |      |
|                                          | authorized by the  |      |
|                                          | ESEA. SEAs are     |      |
|                                          | required to        |      |
|                                          | prohibit LEAs from |      |
|                                          | using this         |      |
|                                          | authority if the   |      |
|                                          | LEA is unable to   |      |
|                                          | establish and      |      |
|                                          | maintain programs  |      |
|                                          | of FAPE or if the  |      |
|                                          | LEA is the subject |      |
|                                          | of an SEA          |      |
|                                          | enforcement action |      |
|                                          | under 20 U.S.C.    |      |
|                                          | 1416. IDEA funds   |      |
|                                          | that an LEA uses   |      |
|                                          | for early          |      |
|                                          | intervention       |      |
|                                          | services under 20  |      |
|                                          | U.S.C. 1413(f)     |      |
|                                          | count toward the   |      |
|                                          | total local fiscal |      |
|                                          | effort that an LEA |      |
|                                          | may reduce.        |      |
+------------------------------------------+--------------------+------+
| \(ii\) USE OF AMOUNTS TO CARRY OUT       |                    |      |
| ACTIVITIES UNDER ESEA- If a local        |                    |      |
| educational agency exercises the         |                    |      |
| authority under clause (i), the agency   |                    |      |
| shall use an amount of local funds equal |                    |      |
| to the reduction in expenditures under   |                    |      |
| clause (i) to carry out activities       |                    |      |
| authorized under the Elementary and      |                    |      |
| Secondary Education Act of 1965.         |                    |      |
+------------------------------------------+--------------------+------+
| \(iii\) STATE PROHIBITION-               |                    |      |
| 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) or    |                    |      |
| the State educational agency has taken   |                    |      |
| action against the local educational     |                    |      |
| agency under 20 U.S.C. 1416, the State   |                    |      |
| educational agency shall prohibit the    |                    |      |
| local educational agency from reducing   |                    |      |
| the level of expenditures under clause   |                    |      |
| (i) for that fiscal year.                |                    |      |
+------------------------------------------+--------------------+------+
| \(iv\) SPECIAL RULE- The amount of funds |                    |      |
| expended by a local educational agency   |                    |      |
| under subsection (f) shall count toward  |                    |      |
| the maximum amount of expenditures such  |                    |      |
| local educational agency may reduce      |                    |      |
| under clause (i).                        |                    |      |
+------------------------------------------+--------------------+------+
| \(D\) SCHOOLWIDE PROGRAMS UNDER TITLE I  | No substantive     |      |
| OF THE ESEA- Notwithstanding             | change.            |      |
| 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        | No substantive     |      |
| disabilities participating in the        | change.            |      |
| 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   | No substantive     |      |
| educational agency shall ensure that all | change.            |      |
| personnel necessary to carry out this    |                    |      |
| part are appropriately and adequately    |                    |      |
| prepared, subject to the requirements of |                    |      |
| 20 U.S.C. 1412(a)(14) and section 2122   |                    |      |
| of the Elementary and Secondary          |                    |      |
| Education Act of 1965.                   |                    |      |
+------------------------------------------+--------------------+------+
| \(4\) PERMISSIVE USE OF FUNDS-           | Provides for       |      |
|                                          | additional uses of |      |
| \(A\) USES- Notwithstanding paragraph    | funds without      |      |
| (2)(A) or 20 U.S.C. 1412(a)(17)(B)       | regard to excess   |      |
| (relating to commingled funds), funds    | costs and          |      |
| provided to the local educational agency | commingling        |      |
| under this part may be used for the      | requirements for   |      |
| following activities:                    | early intervening  |      |
|                                          | services under 20  |      |
|                                          | U.S.C. 1413(f) and |      |
|                                          | to establish and   |      |
|                                          | implement cost or  |      |
|                                          | risk-sharing       |      |
|                                          | funds, consortia   |      |
|                                          | or cooperatives    |      |
|                                          | for the LEA or     |      |
|                                          | groups of LEAs to  |      |
|                                          | pay for high cost  |      |
|                                          | special education  |      |
|                                          | and related        |      |
|                                          | services. Also     |      |
|                                          | provides that LEAs |      |
|                                          | can use funds to   |      |
|                                          | purchase           |      |
|                                          | technology for     |      |
|                                          | record keeping,    |      |
|                                          | data collection    |      |
|                                          | and related case   |      |
|                                          | management         |      |
|                                          | activities of      |      |
|                                          | teachers and       |      |
|                                          | related services   |      |
|                                          | personnel as       |      |
|                                          | needed for case    |      |
|                                          | management of IEP  |      |
|                                          | services.          |      |
|                                          | Authority to use   |      |
|                                          | up to 5% of the    |      |
|                                          | funds for          |      |
|                                          | coordinated        |      |
|                                          | services is        |      |
|                                          | deleted.           |      |
+------------------------------------------+--------------------+------+
| \(i\) 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 1 or more  |                    |      |
| nondisabled children benefit from such   |                    |      |
| services.                                |                    |      |
+------------------------------------------+--------------------+------+
| \(ii\) EARLY INTERVENING SERVICES- To    |                    |      |
| develop and implement coordinated, early |                    |      |
| intervening educational services in      |                    |      |
| accordance with subsection (f).          |                    |      |
+------------------------------------------+--------------------+------+
| \(iii\) HIGH COST EDUCATION AND RELATED  |                    |      |
| SERVICES- To establish and implement     |                    |      |
| cost or risk sharing funds, consortia,   |                    |      |
| or cooperatives for the local            |                    |      |
| educational agency itself, or for local  |                    |      |
| educational agencies working in a        |                    |      |
| consortium of which the local            |                    |      |
| educational agency is a part, to pay for |                    |      |
| high cost special education and related  |                    |      |
| services.                                |                    |      |
+------------------------------------------+--------------------+------+
| \(B\) ADMINISTRATIVE CASE MANAGEMENT- A  |                    |      |
| local educational agency may use funds   |                    |      |
| received under this part to purchase     |                    |      |
| appropriate technology for               |                    |      |
| recordkeeping, data collection, and      |                    |      |
| related case management activities of    |                    |      |
| teachers and related services personnel  |                    |      |
| providing services described in the      |                    |      |
| individualized education program of      |                    |      |
| children with disabilities, that is      |                    |      |
| needed for the implementation of such    |                    |      |
| case management activities.              |                    |      |
+------------------------------------------+--------------------+------+
| \(5\) TREATMENT OF CHARTER SCHOOLS AND   | Language is added  |      |
| THEIR STUDENTS- In carrying out this     | to this provision  |      |
| part with respect to charter schools     | to specify that    |      |
| that are public schools of the local     | charter schools of |      |
| educational agency, the local            | LEAs be treated    |      |
| educational agency\--                    | the same as other  |      |
|                                          | schools of the     |      |
|                                          | LEAs regarding     |      |
|                                          | provision of       |      |
|                                          | on-site services   |      |
|                                          | and distribution   |      |
|                                          | of funds.          |      |
+------------------------------------------+--------------------+------+
| \(A\) serves children with disabilities  |                    |      |
| attending those charter schools in the   |                    |      |
| same manner as the local educational     |                    |      |
| agency serves children with disabilities |                    |      |
| in its other schools, including          |                    |      |
| providing supplementary and related      |                    |      |
| services on site at the charter school   |                    |      |
| to the same extent to which the local    |                    |      |
| educational agency has a policy or       |                    |      |
| practice of providing such services on   |                    |      |
| the site to its other public schools;    |                    |      |
| and                                      |                    |      |
+------------------------------------------+--------------------+------+
| \(B\) provides funds under this part to  |                    |      |
| those charter schools\--                 |                    |      |
+------------------------------------------+--------------------+------+
| \(i\) on the same basis as the local     |                    |      |
| educational agency provides funds to the |                    |      |
| local educational agency\'s other public |                    |      |
| schools, including proportional          |                    |      |
| distribution based on relative           |                    |      |
| enrollment of children with              |                    |      |
| disabilities; and                        |                    |      |
+------------------------------------------+--------------------+------+
| \(ii\) at the same time as the agency    |                    |      |
| distributes other Federal funds to the   |                    |      |
| agency\'s other public schools,          |                    |      |
| consistent with the State\'s charter     |                    |      |
| school law.                              |                    |      |
+------------------------------------------+--------------------+------+
| \(6\) PURCHASE OF INSTRUCTIONAL          | New provision. Not |      |
| MATERIALS-                               | later than 2 years |      |
|                                          | after enactment of |      |
| \(A\) IN GENERAL- Not later than 2 years | IDEA 2004, an LEA  |      |
| after the date of enactment of the       | that chooses to    |      |
| Individuals with Disabilities Education  | coordinate with    |      |
| Improvement Act of 2004, a local         | the National       |      |
| educational agency that chooses to       | Instructional      |      |
| coordinate with the National             | Materials Access   |      |
| Instructional Materials Access Center,   | Center must        |      |
| when purchasing print instructional      | acquire the print  |      |
| materials, shall acquire the print       | materials in the   |      |
| instructional materials in the same      | same manner and    |      |
| manner and subject to the same           | subject to the     |      |
| conditions as a State educational agency | same conditions as |      |
| acquires print instructional materials   | a SEA under 20     |      |
| under 20 U.S.C. 1412(a)(23).             | U.S.C.             |      |
|                                          | 1412(a)(23). LEAs  |      |
|                                          | are not required   |      |
|                                          | to coordinate with |      |
|                                          | the Center, and if |      |
|                                          | they do not, they  |      |
|                                          | must provide an    |      |
|                                          | assurance to the   |      |
|                                          | SEA that they will |      |
|                                          | provide            |      |
|                                          | instructional      |      |
|                                          | materials to blind |      |
|                                          | or print disabled  |      |
|                                          | persons in a       |      |
|                                          | timely manner.     |      |
+------------------------------------------+--------------------+------+
| \(B\) RIGHTS OF LOCAL EDUCATIONAL        |                    |      |
| AGENCY- Nothing in this paragraph shall  |                    |      |
| be construed to require a local          |                    |      |
| educational agency to coordinate with    |                    |      |
| the National Instructional Materials     |                    |      |
| Access Center. If a local educational    |                    |      |
| agency chooses not to coordinate with    |                    |      |
| the National Instructional Materials     |                    |      |
| Access Center, the local educational     |                    |      |
| agency shall provide an assurance to the |                    |      |
| State educational agency that the local  |                    |      |
| educational agency will provide          |                    |      |
| instructional materials to blind persons |                    |      |
| or other persons with print disabilities |                    |      |
| in a timely manner.                      |                    |      |
+------------------------------------------+--------------------+------+
| \(7\) INFORMATION FOR STATE EDUCATIONAL  | No substantive     |      |
| AGENCY- The local educational agency     | change.            |      |
| 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 20 U.S.C. 1412(a),      |                    |      |
| information relating to the performance  |                    |      |
| of children with disabilities            |                    |      |
| participating in programs carried out    |                    |      |
| under this part.                         |                    |      |
+------------------------------------------+--------------------+------+
| \(8\) PUBLIC INFORMATION- The local      | No substantive     |      |
| educational agency shall make available  | change.            |      |
| 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        | New provision.     |      |
| CHILDREN WITH DISABILITIES- The local    | LEAs must          |      |
| educational agency shall cooperate in    | cooperate with the |      |
| the Secretary\'s efforts under section   | Secretary's        |      |
| 1308 of the Elementary and Secondary     | efforts under      |      |
| Education Act of 1965 to ensure the      | section 1308 of    |      |
| linkage of records pertaining to         | the ESEA to ensure |      |
| migratory children with a disability for | linkage of records |      |
| the purpose of electronically            | pertaining to      |      |
| exchanging, among the States, health and | migratory children |      |
| educational information regarding such   | with disabilities  |      |
| children.                                | for the purpose of |      |
|                                          | exchanging among   |      |
|                                          | States health and  |      |
|                                          | educational        |      |
|                                          | information on     |      |
|                                          | these children.    |      |
+------------------------------------------+--------------------+------+
| 20 U.S.C. 1414. EVALUATIONS, ELIGIBILITY |                    |      |
| DETERMINATIONS, INDIVIDUALIZED EDUCATION |                    |      |
| PROGRAMS, AND EDUCATIONAL PLACEMENTS.    |                    |      |
+------------------------------------------+--------------------+------+
| \(a\) EVALUATIONS, PARENTAL CONSENT, AND | No substantive     |      |
| REEVALUATIONS-                           | change.            |      |
|                                          |                    |      |
| \(1\) 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-    | New provision.     |      |
| Consistent with subparagraph (D), either | Either a parent,   |      |
| a parent of a child, or a State          | SEA or other State |      |
| educational agency, other State agency,  | agency or LEA can  |      |
| or local educational agency may initiate | request an initial |      |
| a request for an initial evaluation to   | evaluation.        |      |
| determine if the child is a child with a |                    |      |
| disability.                              |                    |      |
+------------------------------------------+--------------------+------+
| \(C\) PROCEDURES-                        | Establishes a new  |      |
|                                          | Federal default    |      |
| \(i\) IN GENERAL- Such initial           | 60-day timeline    |      |
| evaluation shall consist of              | from receipt of    |      |
| procedures\--                            | parent consent for |      |
|                                          | initial evaluation |      |
| \(I\) to determine whether a child is a  | until the initial  |      |
| child with a disability (as defined in   | evaluation must be |      |
| 20 U.S.C. 1401) within 60 days of        | conducted, unless  |      |
| receiving parental consent for the       | a State has        |      |
| evaluation, or, if the State establishes | adopted a          |      |
| a timeframe within which the evaluation  | different          |      |
| must be conducted, within such           | timeline.          |      |
| timeframe; and                           |                    |      |
+------------------------------------------+--------------------+------+
| \(II\) to determine the educational      |                    |      |
| needs of such child.                     |                    |      |
+------------------------------------------+--------------------+------+
| \(ii\) EXCEPTION- The relevant timeframe | Provides that the  |      |
| in clause (i)(I) shall not apply to a    | timeline for       |      |
| local educational agency if\--           | initial evaluation |      |
|                                          | will not apply in  |      |
|                                          | two situations --  |      |
|                                          | if the child moves |      |
|                                          | to a new school    |      |
|                                          | district after     |      |
|                                          | consent is given   |      |
|                                          | but before the     |      |
|                                          | evaluation can be  |      |
|                                          | completed, as long |      |
|                                          | as the new         |      |
|                                          | district is        |      |
|                                          | *making sufficient |      |
|                                          | progress* to       |      |
|                                          | complete the       |      |
|                                          | evaluation and the |      |
|                                          | parent and LEA     |      |
|                                          | agree to a         |      |
|                                          | specific time when |      |
|                                          | the evaluation     |      |
|                                          | shall be           |      |
|                                          | completed, or if   |      |
|                                          | the parent         |      |
|                                          | repeatedly fails   |      |
|                                          | or refuses to      |      |
|                                          | produce the child  |      |
|                                          | for evaluation.    |      |
+------------------------------------------+--------------------+------+
| \(I\) a child enrolls in a school served |                    |      |
| by the local educational agency after    |                    |      |
| the relevant timeframe in clause (i)(I)  |                    |      |
| has begun and prior to a determination   |                    |      |
| by the child\'s previous local           |                    |      |
| educational agency as to whether the     |                    |      |
| child is a child with a disability (as   |                    |      |
| defined in 20 U.S.C. 1401), but only if  |                    |      |
| the subsequent local educational agency  |                    |      |
| is making sufficient progress to ensure  |                    |      |
| a prompt completion of the evaluation,   |                    |      |
| and the parent and subsequent local      |                    |      |
| educational agency agree to a specific   |                    |      |
| time when the evaluation will be         |                    |      |
| completed; or                            |                    |      |
+------------------------------------------+--------------------+------+
| \(II\) the parent of a child repeatedly  |                    |      |
| fails or refuses to produce the child    |                    |      |
| for the evaluation.                      |                    |      |
+------------------------------------------+--------------------+------+
| \(D\) PARENTAL CONSENT-                  | No substantive     |      |
|                                          | change.            |      |
| \(i\) 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 20 U.S.C. 1401  |                    |      |
| 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   | New provision.     |      |
| that is responsible for making a free    | Clarifies that     |      |
| appropriate public education available   | public agencies    |      |
| to a child with a disability under this  | must seek parental |      |
| part shall seek to obtain informed       | consent before     |      |
| consent from the parent of such child    | providing special  |      |
| before providing special education and   | education          |      |
| related services to the child.           | services, in       |      |
|                                          | addition to        |      |
|                                          | seeking consent    |      |
|                                          | before evaluation. |      |
+------------------------------------------+--------------------+------+
| \(ii\) ABSENCE OF CONSENT-               | New provision.     |      |
|                                          | Allows public      |      |
| \(I\) FOR INITIAL EVALUATION- If the     | agencies to use    |      |
| parent of such child does not provide    | due process to     |      |
| consent for an initial evaluation under  | seek authority to  |      |
| clause (i)(I), or the parent fails to    | do an evaluation   |      |
| respond to a request to provide the      | if parents refuse  |      |
| consent, the local educational agency    | to consent for the |      |
| may pursue the initial evaluation of the | evaluation or fail |      |
| child by utilizing the procedures        | to respond to      |      |
| described in 20 U.S.C. 1415, except to   | requests for       |      |
| the extent inconsistent with State law   | consent for        |      |
| relating to such parental consent.       | evaluation, but    |      |
|                                          | provides that      |      |
|                                          | agencies may not   |      |
|                                          | use due process to |      |
|                                          | seek to provide    |      |
|                                          | services if        |      |
|                                          | parents have       |      |
|                                          | failed to provide  |      |
|                                          | consent for        |      |
|                                          | services. If       |      |
|                                          | parents refuse     |      |
|                                          | consent for        |      |
|                                          | services, the      |      |
|                                          | agency will not be |      |
|                                          | considered to have |      |
|                                          | failed to provide  |      |
|                                          | FAPE to the child  |      |
|                                          | and shall not be   |      |
|                                          | required to        |      |
|                                          | convene IEP        |      |
|                                          | meetings about the |      |
|                                          | child.             |      |
+------------------------------------------+--------------------+------+
| \(II\) FOR SERVICES- If the parent of    |                    |      |
| such child refuses to consent to         |                    |      |
| services under clause (i)(II), the local |                    |      |
| educational agency shall not provide     |                    |      |
| special education and related services   |                    |      |
| to the child by utilizing the procedures |                    |      |
| described in 20 U.S.C. 1415.             |                    |      |
+------------------------------------------+--------------------+------+
| \(III\) EFFECT ON AGENCY OBLIGATIONS- If |                    |      |
| the parent of such child refuses to      |                    |      |
| consent to the receipt of special        |                    |      |
| education and related services, or the   |                    |      |
| parent fails to respond to a request to  |                    |      |
| provide such consent\--                  |                    |      |
+------------------------------------------+--------------------+------+
| (aa) the local educational agency shall  |                    |      |
| not be considered to be in violation of  |                    |      |
| the requirement to make available a free |                    |      |
| appropriate public education to the      |                    |      |
| child for the failure to provide such    |                    |      |
| child with the special education and     |                    |      |
| related services for which the local     |                    |      |
| educational agency requests such         |                    |      |
| consent; and                             |                    |      |
+------------------------------------------+--------------------+------+
| (bb) the local educational agency shall  |                    |      |
| not be required to convene an IEP        |                    |      |
| meeting or develop an IEP under this     |                    |      |
| section for the child for the special    |                    |      |
| education and related services for which |                    |      |
| the local educational agency requests    |                    |      |
| such consent.                            |                    |      |
+------------------------------------------+--------------------+------+
| \(iii\) CONSENT FOR WARDS OF THE STATE-  | New provision.     |      |
|                                          | Provides that      |      |
| \(I\) IN GENERAL- If the child is a ward | agencies shall     |      |
| of the State and is not residing with    | make reasonable    |      |
| the child\'s parent, the agency shall    | efforts to         |      |
| make reasonable efforts to obtain the    | obtained informed  |      |
| informed consent from the parent (as     | consent prior to   |      |
| defined in 20 U.S.C. 1401) of the child  | an initial         |      |
| for an initial evaluation to determine   | evaluation if the  |      |
| whether the child is a child with a      | child is a ward of |      |
| disability.                              | the State and not  |      |
|                                          | living with the    |      |
|                                          | child's parents,   |      |
|                                          | but is not         |      |
|                                          | required to obtain |      |
|                                          | consent if the     |      |
|                                          | agency, despite    |      |
|                                          | reasonable         |      |
|                                          | efforts, cannot    |      |
|                                          | locate the child's |      |
|                                          | parents; the       |      |
|                                          | rights of the      |      |
|                                          | parents have been  |      |
|                                          | terminated under   |      |
|                                          | State law; or the  |      |
|                                          | rights of the      |      |
|                                          | parent to make     |      |
|                                          | educational        |      |
|                                          | decisions has been |      |
|                                          | subrogated under   |      |
|                                          | State law and      |      |
|                                          | consent for the    |      |
|                                          | initial evaluation |      |
|                                          | has been given by  |      |
|                                          | an individual      |      |
|                                          | appointed by the   |      |
|                                          | judge to represent |      |
|                                          | the child.         |      |
+------------------------------------------+--------------------+------+
| \(II\) EXCEPTION- The agency shall not   |                    |      |
| be required to obtain informed consent   |                    |      |
| from the parent of a child for an        |                    |      |
| initial evaluation to determine whether  |                    |      |
| the child is a child with a disability   |                    |      |
| if\--                                    |                    |      |
+------------------------------------------+--------------------+------+
| (aa) despite reasonable efforts to do    |                    |      |
| so, the agency cannot discover the       |                    |      |
| whereabouts of the parent of the child;  |                    |      |
+------------------------------------------+--------------------+------+
| (bb) the rights of the parents of the    |                    |      |
| child have been terminated in accordance |                    |      |
| with State law; or                       |                    |      |
+------------------------------------------+--------------------+------+
| \(cc\) the rights of the parent to make  |                    |      |
| educational decisions have been          |                    |      |
| subrogated by a judge in accordance with |                    |      |
| State law and consent for an initial     |                    |      |
| evaluation has been given by an          |                    |      |
| individual appointed by the judge to     |                    |      |
| represent the child.                     |                    |      |
+------------------------------------------+--------------------+------+
| \(E\) RULE OF CONSTRUCTION- The          | New provision.     |      |
| screening of a student by a teacher or   | Screenings of a    |      |
| specialist to determine appropriate      | student by a       |      |
| instructional strategies for curriculum  | teacher or         |      |
| implementation shall not be considered   | specialist to      |      |
| to be an evaluation for eligibility for  | determine          |      |
| special education and related services.  | appropriate        |      |
|                                          | instructional      |      |
|                                          | strategies for     |      |
|                                          | curriculum         |      |
|                                          | implementation     |      |
|                                          | shall not be       |      |
|                                          | considered an      |      |
|                                          | evaluation for     |      |
|                                          | eligibility for    |      |
|                                          | special education  |      |
|                                          | and related        |      |
|                                          | services.          |      |
+------------------------------------------+--------------------+------+
| \(2\) REEVALUATIONS-                     | Revised to provide |      |
|                                          | that reevaluations |      |
| \(A\) IN GENERAL- A local educational    | occur if the LEA   |      |
| agency shall ensure that a reevaluation  | determines that    |      |
| of each child with a disability is       | the educational    |      |
| conducted in accordance with subsections | and related        |      |
| (b) and (c)\--                           | services needs,    |      |
|                                          | including improved |      |
|                                          | academic           |      |
|                                          | achievement and    |      |
|                                          | functional         |      |
|                                          | performance of the |      |
|                                          | child warrant or   |      |
|                                          | if the child's     |      |
|                                          | parents or teacher |      |
|                                          | request one, and   |      |
|                                          | limits             |      |
|                                          | reevaluations to   |      |
|                                          | not more than once |      |
|                                          | a year, unless     |      |
|                                          | parents and LEA    |      |
|                                          | agree otherwise    |      |
|                                          | and at least once  |      |
|                                          | every 3 years,     |      |
|                                          | unless parents and |      |
|                                          | LEA agree          |      |
|                                          | otherwise.         |      |
+------------------------------------------+--------------------+------+
| \(i\) if the local educational agency    |                    |      |
| determines that the educational or       |                    |      |
| related services needs, including        |                    |      |
| improved academic achievement and        |                    |      |
| functional performance, of the child     |                    |      |
| warrant a reevaluation; or               |                    |      |
+------------------------------------------+--------------------+------+
| \(ii\) if the child\'s parents or        |                    |      |
| teacher requests a reevaluation.         |                    |      |
+------------------------------------------+--------------------+------+
| \(B\) LIMITATION- A reevaluation         |                    |      |
| conducted under subparagraph (A) shall   |                    |      |
| occur\--                                 |                    |      |
+------------------------------------------+--------------------+------+
| \(i\) not more frequently than once a    |                    |      |
| year, unless the parent and the local    |                    |      |
| educational agency agree otherwise; and  |                    |      |
+------------------------------------------+--------------------+------+
| \(ii\) at least once every 3 years,      |                    |      |
| unless the parent and the local          |                    |      |
| educational agency agree that a          |                    |      |
| reevaluation is unnecessary.             |                    |      |
+------------------------------------------+--------------------+------+
| \(b\) EVALUATION PROCEDURES-             | No substantive     |      |
|                                          | change.            |      |
| \(1\) 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 20 U.S.C. 1415, 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  | Revised to specify |      |
| and strategies to gather relevant        | that the           |      |
| functional, developmental, and academic  | evaluation gather  |      |
| information, including information       | academic           |      |
| provided by the parent, that may assist  | information about  |      |
| in determining\--                        | the child.         |      |
+------------------------------------------+--------------------+------+
| \(i\) whether the child is a child with  | No substantive     |      |
| a disability; and                        | change.            |      |
+------------------------------------------+--------------------+------+
| \(ii\) 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      | No substantive     |      |
| local educational agency shall ensure    | change.            |      |
| that\--                                  |                    |      |
|                                          |                    |      |
| \(A\) assessments and other evaluation   |                    |      |
| materials used to assess a child under   |                    |      |
| this section\--                          |                    |      |
+------------------------------------------+--------------------+------+
| \(i\) are selected and administered so   | No substantive     |      |
| as not to be discriminatory on a racial  | change.            |      |
| or cultural basis;                       |                    |      |
+------------------------------------------+--------------------+------+
| \(ii\) are provided and administered in  | Revised to provide |      |
| the language and form most likely to     | that evaluations   |      |
| yield accurate information on what the   | be done in the     |      |
| child knows and can do academically,     | language and form  |      |
| developmentally, and functionally,       | most likely to     |      |
| unless it is not feasible to so provide  | yield accurate     |      |
| or administer;                           | information on     |      |
|                                          | what the child     |      |
|                                          | knows and can do   |      |
|                                          | academically,      |      |
|                                          | developmentally,   |      |
|                                          | and functionally,  |      |
|                                          | unless it is not   |      |
|                                          | feasible to so     |      |
|                                          | provide or         |      |
|                                          | administer \[prior |      |
|                                          | law said           |      |
|                                          | evaluation must be |      |
|                                          | done in the        |      |
|                                          | 'native language   |      |
|                                          | or other mode of   |      |
|                                          | communication' of  |      |
|                                          | the child\]; to    |      |
|                                          | apply standards of |      |
|                                          | validity,          |      |
|                                          | reliability, and   |      |
|                                          | administration by  |      |
|                                          | trained personnel  |      |
|                                          | in accordance with |      |
|                                          | applicable         |      |
|                                          | instructions by    |      |
|                                          | assessment         |      |
|                                          | producers to all   |      |
|                                          | assessment         |      |
|                                          | procedures \[prior |      |
|                                          | law applied these  |      |
|                                          | standards only to  |      |
|                                          | standardized       |      |
|                                          | tests\]; and to    |      |
|                                          | require            |      |
|                                          | coordination in    |      |
|                                          | the administration |      |
|                                          | of assessments     |      |
|                                          | between school     |      |
|                                          | districts if a     |      |
|                                          | child moves from   |      |
|                                          | one district to    |      |
|                                          | another in the     |      |
|                                          | same academic      |      |
|                                          | year.              |      |
+------------------------------------------+--------------------+------+
| \(iii\) are used for 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 assessments;            |                    |      |
+------------------------------------------+--------------------+------+
| \(B\) the child is assessed in all areas |                    |      |
| of suspected disability;                 |                    |      |
+------------------------------------------+--------------------+------+
| \(C\) assessment tools and strategies    |                    |      |
| that provide relevant information that   |                    |      |
| directly assists persons in determining  |                    |      |
| the educational needs of the child are   |                    |      |
| provided; and                            |                    |      |
+------------------------------------------+--------------------+------+
| \(D\) assessments of children with       |                    |      |
| disabilities who transfer from 1 school  |                    |      |
| district to another school district in   |                    |      |
| the same academic year are coordinated   |                    |      |
| with such children\'s prior and          |                    |      |
| subsequent schools, as necessary and as  |                    |      |
| expeditiously as possible, to ensure     |                    |      |
| prompt completion of full evaluations.   |                    |      |
+------------------------------------------+--------------------+------+
| \(4\) DETERMINATION OF ELIGIBILITY AND   | No substantive     |      |
| EDUCATIONAL NEED- Upon completion of the | change.            |      |
| administration of assessments and other  |                    |      |
| evaluation measures\--                   |                    |      |
+------------------------------------------+--------------------+------+
| \(A\) the determination of whether the   | Expanded to        |      |
| child is a child with a disability as    | include a          |      |
| defined in 20 U.S.C. 1401(3) and the     | determination of   |      |
| educational needs of the child shall be  | the educational    |      |
| made by a team of qualified              | needs of the       |      |
| professionals and the parent of the      | child.             |      |
| child in accordance with paragraph (5);  |                    |      |
| and                                      |                    |      |
+------------------------------------------+--------------------+------+
| \(B\) a copy of the evaluation report    |                    |      |
| and the documentation of determination   |                    |      |
| of eligibility shall be given to the     |                    |      |
| parent.                                  |                    |      |
+------------------------------------------+--------------------+------+
| \(5\) SPECIAL RULE FOR ELIGIBILITY       | No substantive     |      |
| DETERMINATION- In making a determination | change.            |      |
| 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 appropriate instruction in | Revised to include |      |
| reading, including in the essential      | a specific         |      |
| components of reading instruction (as    | reference to the   |      |
| defined in section 1208(3) of the        | *essential         |      |
| Elementary and Secondary Education Act   | components of      |      |
| of 1965);                                | reading            |      |
|                                          | instruction* as    |      |
|                                          | defined in the     |      |
|                                          | Reading First      |      |
|                                          | program.           |      |
|                                          |                    |      |
|                                          | Section 1208(3) of |      |
|                                          | the ESEA states    |      |
|                                          | the term essential |      |
|                                          | components of      |      |
|                                          | reading            |      |
|                                          | instruction\'      |      |
|                                          | means explicit and |      |
|                                          | systematic         |      |
|                                          | instruction in --- |      |
|                                          | (A) phonemic       |      |
|                                          | awareness; (B)     |      |
|                                          | phonics; (C)       |      |
|                                          | vocabulary         |      |
|                                          | development; (D)   |      |
|                                          | reading fluency,   |      |
|                                          | including oral     |      |
|                                          | reading skills;    |      |
|                                          | and (E) reading    |      |
|                                          | comprehension      |      |
|                                          | strategies.        |      |
+------------------------------------------+--------------------+------+
| (B lack of instruction in math; or       |                    |      |
+------------------------------------------+--------------------+------+
| \(C\) limited English proficiency.       |                    |      |
+------------------------------------------+--------------------+------+
| \(6\) SPECIFIC LEARNING DISABILITIES     | New provision.     |      |
|                                          | Provides that LEAs |      |
| \(A\) IN GENERAL.- Notwithstanding 20    | are not required   |      |
| U.S.C. 1407(b), when determining whether | to consider        |      |
| a child has a specific learning          | whether a child    |      |
| disability as defined in 20 U.S.C. 1401, | has a severe       |      |
| a local educational agency shall not be  | discrepancy        |      |
| required to take into consideration      | between            |      |
| whether a child has a severe discrepancy | achievement and    |      |
| between achievement and intellectual     | intellectual       |      |
| ability in oral expression, listening    | ability when       |      |
| comprehension, written expression, basic | determining        |      |
| reading skill, reading comprehension,    | whether a child    |      |
| mathematical calculation, or             | has a learning     |      |
| mathematical reasoning.                  | disability and     |      |
|                                          | permitting LEAs to |      |
|                                          | use a response to  |      |
|                                          | a research-based   |      |
|                                          | intervention as a  |      |
|                                          | part of an         |      |
|                                          | evaluation         |      |
|                                          | process.           |      |
+------------------------------------------+--------------------+------+
| \(B\) ADDITIONAL AUTHORITY.- In          |                    |      |
| determining whether a child has a        |                    |      |
| specific learning disability, a local    |                    |      |
| educational agency may use a process     |                    |      |
| that determines if the child responds to |                    |      |
| scientific, research-based intervention  |                    |      |
| as a part of the evaluation procedures   |                    |      |
| described in paragraphs (2) and (3).     |                    |      |
+------------------------------------------+--------------------+------+
| \(c\) ADDITIONAL REQUIREMENTS FOR        | No substantive     |      |
| EVALUATION AND REEVALUATIONS-            | change.            |      |
|                                          |                    |      |
| \(1\) 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 and other qualified professionals,  |                    |      |
| as appropriate, shall\--                 |                    |      |
+------------------------------------------+--------------------+------+
| \(A\) review existing evaluation data on |                    |      |
| the child, including\--                  |                    |      |
+------------------------------------------+--------------------+------+
| \(i\) evaluations and information        |                    |      |
| provided by the parents of the child;    |                    |      |
+------------------------------------------+--------------------+------+
| \(ii\) current classroom-based, local,   |                    |      |
| or State assessments, and                |                    |      |
| classroom-based observations; and        |                    |      |
+------------------------------------------+--------------------+------+
| \(iii\) observations by teachers and     |                    |      |
| related services providers; 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  | Revised to add     |      |
| a disability as defined in 20 U.S.C.     | references to      |      |
| 1401(3), and the educational needs of    | educational needs  |      |
| the child, or, in case of a reevaluation | of the child.      |      |
| of a child, whether the child continues  |                    |      |
| to have such a disability and such       |                    |      |
| educational needs;                       |                    |      |
+------------------------------------------+--------------------+------+
| \(ii\) the present levels of academic    | Revised to require |      |
| achievement and related developmental    | consideration of   |      |
| needs of the child;                      | whether additional |      |
|                                          | data are needed    |      |
|                                          | about the child's  |      |
|                                          | present levels of  |      |
|                                          | *academic          |      |
|                                          | achievement and    |      |
|                                          | related            |      |
|                                          | developmental      |      |
|                                          | needs* \[prior law |      |
|                                          | referred to        |      |
|                                          | present levels of  |      |
|                                          | performance and    |      |
|                                          | educational        |      |
|                                          | needs\].           |      |
+------------------------------------------+--------------------+------+
| \(iii\) whether the child needs special  | No substantive     |      |
| education and related services, or in    | change.            |      |
| 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          | No substantive     |      |
| modifications to the special education   | change.            |      |
| 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          | No substantive     |      |
| educational agency shall administer such | change.            |      |
| 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    | Revised to add     |      |
| ARE NOT NEEDED- If the IEP Team and      | reference to       |      |
| other qualified professionals, as        | child's            |      |
| appropriate, determine that no           | educational needs. |      |
| 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 the determination; and               |                    |      |
+------------------------------------------+--------------------+------+
| \(ii\) the right of such parents to      | Revised to expand  |      |
| request an assessment to determine       | the parent's right |      |
| whether the child continues to be a      | to receive an      |      |
| child with a disability and to determine | evaluation about   |      |
| the child\'s educational needs; and      | the child's        |      |
|                                          | educational needs, |      |
|                                          | in addition to     |      |
|                                          | whether the child  |      |
|                                          | continues to be a  |      |
|                                          | child with a       |      |
|                                          | disability.        |      |
+------------------------------------------+--------------------+------+
| \(B\) shall not be required to conduct   | No substantive     |      |
| such an assessment unless requested to   | change.            |      |
| by the child\'s parents.                 |                    |      |
+------------------------------------------+--------------------+------+
| \(5\) EVALUATIONS BEFORE CHANGE IN       | No substantive     |      |
| ELIGIBILITY-                             | change.            |      |
|                                          |                    |      |
| \(A\) IN GENERAL- Except as provided in  |                    |      |
| subparagraph (B), 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.                              |                    |      |
+------------------------------------------+--------------------+------+
| \(B\) EXCEPTION-                         | New provision.     |      |
|                                          | Clarifies that an  |      |
| \(i\) IN GENERAL- The evaluation         | evaluation is not  |      |
| described in subparagraph (A) shall not  | required before    |      |
| be required before the termination of a  | terminating a      |      |
| child\'s eligibility under this part due | child's            |      |
| to graduation from secondary school with | eligibility due to |      |
| a regular diploma, or due to exceeding   | graduation with a  |      |
| the age eligibility for a free           | regular diploma or |      |
| appropriate public education under State | due to exceeding   |      |
| law.                                     | the age of         |      |
|                                          | eligibility for    |      |
|                                          | FAPE. If a child's |      |
|                                          | eligibility ends   |      |
|                                          | due to either of   |      |
|                                          | these              |      |
|                                          | circumstances, the |      |
|                                          | LEA shall provide  |      |
|                                          | a summary of the   |      |
|                                          | child's academic   |      |
|                                          | achievement and    |      |
|                                          | functional         |      |
|                                          | performance,       |      |
|                                          | including          |      |
|                                          | recommendations on |      |
|                                          | how to assist the  |      |
|                                          | child in meeting   |      |
|                                          | postsecondary      |      |
|                                          | goals.             |      |
+------------------------------------------+--------------------+------+
| \(ii\) SUMMARY OF PERFORMANCE- For a     |                    |      |
| child whose eligibility under this part  |                    |      |
| terminates under circumstances described |                    |      |
| in clause (i), a local educational       |                    |      |
| agency shall provide the child with a    |                    |      |
| summary of the child\'s academic         |                    |      |
| achievement and functional performance,  |                    |      |
| which shall include recommendations on   |                    |      |
| how to assist the child in meeting the   |                    |      |
| child\'s postsecondary goals.            |                    |      |
+------------------------------------------+--------------------+------+
| \(d\) INDIVIDUALIZED EDUCATION PROGRAMS- | No substantive     |      |
|                                          | change.            |      |
| \(1\) DEFINITIONS- 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        | Revised to require |      |
| present levels of academic achievement   | a statement of     |      |
| and functional performance, including\-- | present levels of  |      |
|                                          | *academic          |      |
|                                          | achievement and    |      |
|                                          | functional         |      |
|                                          | performance*       |      |
|                                          | \[prior law        |      |
|                                          | referred to        |      |
|                                          | present levels of  |      |
|                                          | educational        |      |
|                                          | performance\].     |      |
+------------------------------------------+--------------------+------+
| (aa) how the child\'s disability affects | Revised to change  |      |
| the child\'s involvement and progress in | general curriculum |      |
| the general education curriculum;        | to *general        |      |
|                                          | education          |      |
|                                          | curriculum*.       |      |
+------------------------------------------+--------------------+------+
| (bb) for preschool children, as          | No substantive     |      |
| appropriate, how the disability affects  | change.            |      |
| the child\'s participation in            |                    |      |
| appropriate activities; and              |                    |      |
+------------------------------------------+--------------------+------+
| \(cc\) for children with disabilities    | Revised to         |      |
| who take alternate assessments aligned   | require, for       |      |
| to alternate achievement standards, a    | children with      |      |
| description of benchmarks or short-term  | disabilities       |      |
| objectives;                              | taking alternate   |      |
|                                          | assessments        |      |
|                                          | aligned to         |      |
|                                          | alternate          |      |
|                                          | achievement        |      |
|                                          | standards, a       |      |
|                                          | description of     |      |
|                                          | benchmarks or      |      |
|                                          | short-term         |      |
|                                          | objectives \[prior |      |
|                                          | law required a     |      |
|                                          | statement of       |      |
|                                          | benchmarks or      |      |
|                                          | short-term         |      |
|                                          | objectives as a    |      |
|                                          | part of the        |      |
|                                          | statement of       |      |
|                                          | annual goals for   |      |
|                                          | all children with  |      |
|                                          | disabilities\].    |      |
+------------------------------------------+--------------------+------+
| \(II\) a statement of measurable annual  | Revised to refer   |      |
| goals, including academic and functional | to both academic   |      |
| goals, designed to\--                    | and functional     |      |
|                                          | goals, to delete   |      |
|                                          | the requirement    |      |
|                                          | for the use of     |      |
|                                          | short-term         |      |
|                                          | objectives or      |      |
|                                          | benchmarks for all |      |
|                                          | children with      |      |
|                                          | disabilities, and  |      |
|                                          | to refer to        |      |
|                                          | *general education |      |
|                                          | curriculum*.       |      |
+------------------------------------------+--------------------+------+
| (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 each of the child\'s other     | No substantive     |      |
| educational needs that result from the   | change.            |      |
| child\'s disability;                     |                    |      |
+------------------------------------------+--------------------+------+
| \(III\) a description of how the         | Revised to require |      |
| child\'s progress toward meeting the     | a statement of how |      |
| annual goals described in subclause (II) | the child's        |      |
| will be measured and when periodic       | progress toward    |      |
| reports on the progress the child is     | annual goals will  |      |
| making toward meeting the annual goals   | be measured and    |      |
| (such as through the use of quarterly or | when periodic      |      |
| other periodic reports, concurrent with  | reports on         |      |
| the issuance of report cards) will be    | progress will be   |      |
| provided;                                | provided (such as  |      |
|                                          | quarterly or other |      |
|                                          | periodic reports   |      |
|                                          | concurrent with    |      |
|                                          | regular report     |      |
|                                          | cards) \[prior law |      |
|                                          | referred to        |      |
|                                          | periodic reports   |      |
|                                          | at least as often  |      |
|                                          | as other parents   |      |
|                                          | are informed of    |      |
|                                          | progress\].        |      |
+------------------------------------------+--------------------+------+
| \(IV\) a statement of the special        | Revised to provide |      |
| education and related services and       | that the statement |      |
| supplementary aids and services, based   | of special         |      |
| on peer-reviewed research to the extent  | education and      |      |
| practicable, to be provided to the       | related services   |      |
| child, or on behalf of the child, and a  | and supplementary  |      |
| statement of the program modifications   | aids and services  |      |
| or supports for school personnel that    | be *based on       |      |
| will be provided for the child\--        | peer-reviewed      |      |
|                                          | research to the    |      |
|                                          | extent             |      |
|                                          | practicable* and   |      |
|                                          | to refer to        |      |
|                                          | *general education |      |
|                                          | curriculum*.       |      |
+------------------------------------------+--------------------+------+
| (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    | No substantive     |      |
| with other children with disabilities    | change.            |      |
| and nondisabled children in the          |                    |      |
| activities described in this             |                    |      |
| subparagraph;                            |                    |      |
+------------------------------------------+--------------------+------+
| \(V\) an explanation of the extent, if   | No substantive     |      |
| any, to which the child will not         | change.            |      |
| participate with nondisabled children in |                    |      |
| the regular class and in the activities  |                    |      |
| described in subclause (IV)(cc);         |                    |      |
+------------------------------------------+--------------------+------+
| \(VI\)                                   | Revised to refer   |      |
|                                          | to a statement of  |      |
| (aa) a statement of any individual       | any individual     |      |
| appropriate accommodations that are      | appropriate        |      |
| necessary to measure the academic        | accommodations     |      |
| achievement and functional performance   | that are necessary |      |
| of the child on State and districtwide   | to measure the     |      |
| assessments consistent with 20 U.S.C.    | academic           |      |
| 1412(a)(16)(A); and                      | achievement and    |      |
|                                          | functional         |      |
|                                          | performance of the |      |
|                                          | child on State and |      |
|                                          | district-wide      |      |
|                                          | assessments, and   |      |
|                                          | if the IEP team    |      |
|                                          | determines that    |      |
|                                          | the child shall    |      |
|                                          | take an alternate  |      |
|                                          | assessment, a      |      |
|                                          | statement of why   |      |
|                                          | the child cannot   |      |
|                                          | participate in the |      |
|                                          | regular assessment |      |
|                                          | and why the        |      |
|                                          | particular         |      |
|                                          | alternate          |      |
|                                          | assessment         |      |
|                                          | selected is        |      |
|                                          | appropriate for    |      |
|                                          | the child.         |      |
+------------------------------------------+--------------------+------+
| (bb) if the IEP Team determines that the |                    |      |
| child shall take an alternate assessment |                    |      |
| on a particular State or districtwide    |                    |      |
| assessment of student achievement, a     |                    |      |
| statement of why\--                      |                    |      |
+------------------------------------------+--------------------+------+
| (AA) the child cannot participate in the |                    |      |
| regular assessment; and                  |                    |      |
+------------------------------------------+--------------------+------+
| (BB) the particular alternate assessment |                    |      |
| selected is appropriate for the child;   |                    |      |
+------------------------------------------+--------------------+------+
| \(VII\) the projected date for the       | No substantive     |      |
| beginning of the services and            | change.            |      |
| modifications described in subclause     |                    |      |
| (IV), and the anticipated frequency,     |                    |      |
| location, and duration of those services |                    |      |
| and modifications; and                   |                    |      |
+------------------------------------------+--------------------+------+
| \(VIII\) beginning not later than the    | Replaces the two   |      |
| first IEP to be in effect when the child | transition         |      |
| is 16, and updated annually              | services           |      |
| thereafter\--                            | requirements with  |      |
|                                          | one provision      |      |
| (aa) appropriate measurable              | that, beginning    |      |
| postsecondary goals based upon age       | not later than the |      |
| appropriate transition assessments       | IEP in effect when |      |
| related to training, education,          | the child turns 16 |      |
| employment, and, where appropriate,      | and updated        |      |
| independent living skills;               | annually           |      |
|                                          | thereafter, the    |      |
|                                          | IEP include a      |      |
|                                          | statement of       |      |
|                                          | *appropriate       |      |
|                                          | measurable         |      |
|                                          | postsecondary      |      |
|                                          | goals based upon   |      |
|                                          | age appropriate    |      |
|                                          | transition         |      |
|                                          | assessments        |      |
|                                          | related to         |      |
|                                          | training,          |      |
|                                          | education,         |      |
|                                          | employment, and,   |      |
|                                          | where appropriate, |      |
|                                          | independent living |      |
|                                          | skills,* and *the  |      |
|                                          | transition         |      |
|                                          | services           |      |
|                                          | (including courses |      |
|                                          | of study) needed   |      |
|                                          | to assist the      |      |
|                                          | child in reaching  |      |
|                                          | those goals*.      |      |
+------------------------------------------+--------------------+------+
| (bb) the transition services (including  |                    |      |
| courses of study) needed to assist the   |                    |      |
| child in reaching those goals; and       |                    |      |
+------------------------------------------+--------------------+------+
| \(cc\) beginning not later than 1 year   | Requires that the  |      |
| before the child reaches the age of      | IEP include a      |      |
| majority under State law, a statement    | statement that the |      |
| that the child has been informed of the  | child has been     |      |
| child\'s rights under this title, if     | informed of rights |      |
| any, that will transfer to the child on  | transferring at    |      |
| reaching the age of majority under 20    | the age of         |      |
| U.S.C. 1415(m).                          | majority at least  |      |
|                                          | one year before    |      |
|                                          | rights transfer.   |      |
+------------------------------------------+--------------------+------+
| \(ii\) RULE OF CONSTRUCTION- Nothing in  | Provides that      |      |
| this section shall be construed to       | nothing be         |      |
| require\--                               | construed to       |      |
|                                          | require that IEPs  |      |
|                                          | include more than  |      |
|                                          | what is explicitly |      |
|                                          | provided for in 20 |      |
|                                          | U.S.C. 1414 as     |      |
|                                          | well as the        |      |
|                                          | provision in prior |      |
|                                          | law \[at 20 U.S.C. |      |
|                                          | 1414(e)\] that an  |      |
|                                          | IEP team need not  |      |
|                                          | include            |      |
|                                          | information under  |      |
|                                          | a component of an  |      |
|                                          | IEP that is        |      |
|                                          | already included   |      |
|                                          | elsewhere in the   |      |
|                                          | IEP.               |      |
+------------------------------------------+--------------------+------+
| \(I\) that additional information be     |                    |      |
| included in a child\'s IEP beyond what   |                    |      |
| is explicitly required in this section;  |                    |      |
| and                                      |                    |      |
+------------------------------------------+--------------------+------+
| \(II\) the IEP Team to include           |                    |      |
| information under 1 component of a       |                    |      |
| child\'s IEP that is already contained   |                    |      |
| under another component of such IEP.     |                    |      |
+------------------------------------------+--------------------+------+
| \(B\) INDIVIDUALIZED EDUCATION PROGRAM   | No substantive     |      |
| TEAM- The term \`individualized          | change.            |      |
| education program team\' or \`IEP Team\' |                    |      |
| means a group of individuals composed    |                    |      |
| of\--                                    |                    |      |
+------------------------------------------+--------------------+------+
| \(i\) the parents of a child with a      |                    |      |
| disability;                              |                    |      |
+------------------------------------------+--------------------+------+
| \(ii\) not less than 1 regular education | Revises the IEP    |      |
| teacher of such child (if the child is,  | team to include    |      |
| or may be, participating in the regular  | *not less than 1*  |      |
| education environment);                  | regular education  |      |
|                                          | teacher and *not   |      |
|                                          | less than 1*       |      |
|                                          | special education  |      |
|                                          | teacher \[prior    |      |
|                                          | law referred to    |      |
|                                          | "at least one" in  |      |
|                                          | both places.\]     |      |
+------------------------------------------+--------------------+------+
| \(iii\) not less than 1 special          |                    |      |
| education teacher, or where appropriate, |                    |      |
| not less than 1 special education        |                    |      |
| provider of such child;                  |                    |      |
+------------------------------------------+--------------------+------+
| \(iv\) a representative of the local     | No substantive     |      |
| educational agency who\--                | change.            |      |
+------------------------------------------+--------------------+------+
| \(I\) 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   | No substantive     |      |
| or the agency, other individuals who     | change.            |      |
| have knowledge or special expertise      |                    |      |
| regarding the child, including related   |                    |      |
| services personnel as appropriate; and   |                    |      |
+------------------------------------------+--------------------+------+
| \(vii\) whenever appropriate, the child  |                    |      |
| with a disability.                       |                    |      |
+------------------------------------------+--------------------+------+
| \(C\) IEP TEAM ATTENDANCE-               | New provision. An  |      |
|                                          | IEP team member    |      |
| \(i\) ATTENDANCE NOT NECESSARY- A member | may be excused     |      |
| of the IEP Team shall not be required to | from attending a   |      |
| attend an IEP meeting, in whole or in    | meeting if the     |      |
| part, if the parent of a child with a    | parents and agency |      |
| disability and the local educational     | agree that the     |      |
| agency agree that the attendance of such | individual's       |      |
| member is not necessary because the      | attendance is not  |      |
| member\'s area of the curriculum or      | necessary because  |      |
| related services is not being modified   | that member's      |      |
| or discussed in the meeting.             | curriculum area or |      |
|                                          | related service is |      |
|                                          | not being          |      |
|                                          | discussed.         |      |
+------------------------------------------+--------------------+------+
| \(ii\) EXCUSAL- A member of the IEP Team | New provisions.    |      |
| may be excused from attending an IEP     | Permits a team     |      |
| meeting, in whole or in part, when the   | member to be       |      |
| meeting involves a modification to or    | excused from       |      |
| discussion of the member\'s area of the  | attending an IEP   |      |
| curriculum or related services, if\--    | meeting that       |      |
|                                          | involves a         |      |
|                                          | modification       |      |
|                                          | discussion of the  |      |
|                                          | member's           |      |
|                                          | curriculum area or |      |
|                                          | related service if |      |
|                                          | the parent (in     |      |
|                                          | writing) and       |      |
|                                          | agency agree to    |      |
|                                          | the excusal and    |      |
|                                          | the excused member |      |
|                                          | submits written    |      |
|                                          | input prior to the |      |
|                                          | meeting.           |      |
+------------------------------------------+--------------------+------+
| \(I\) the parent and the local           |                    |      |
| educational agency consent to the        |                    |      |
| excusal; and                             |                    |      |
+------------------------------------------+--------------------+------+
| \(II\) the member submits, in writing to |                    |      |
| the parent and the IEP Team, input into  |                    |      |
| the development of the IEP prior to the  |                    |      |
| meeting.                                 |                    |      |
+------------------------------------------+--------------------+------+
| \(iii\) WRITTEN AGREEMENT AND CONSENT    |                    |      |
| REQUIRED- A parent\'s agreement under    |                    |      |
| clause (i) and consent under clause (ii) |                    |      |
| shall be in writing.                     |                    |      |
+------------------------------------------+--------------------+------+
| \(D\) IEP TEAM TRANSITION- In the case   | New provision. The |      |
| of a child who was previously served     | public agency, at  |      |
| under part C, an invitation to the       | the request of the |      |
| initial IEP meeting shall, at the        | parent, must       |      |
| request of the parent, be sent to the    | invite the Part C  |      |
| part C service coordinator or other      | service            |      |
| representatives of the part C system to  | coordinator or     |      |
| assist with the smooth transition of     | other              |      |
| services.                                | representative of  |      |
|                                          | the Part C program |      |
|                                          | to the IEP meeting |      |
|                                          | for a child        |      |
|                                          | transitioning from |      |
|                                          | Part C to Part B   |      |
|                                          | services.          |      |
+------------------------------------------+--------------------+------+
| \(2\) REQUIREMENT THAT PROGRAM BE IN     | No substantive     |      |
| EFFECT-                                  | change.            |      |
|                                          |                    |      |
| \(A\) 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 the agency\'s       |                    |      |
| jurisdiction, an individualized          |                    |      |
| education program, as defined in         |                    |      |
| paragraph (1)(A).                        |                    |      |
+------------------------------------------+--------------------+------+
| \(B\) PROGRAM FOR CHILD AGED 3 THROUGH   | Adds that the IEP  |      |
| 5- In the case of a child with a         | team shall         |      |
| disability aged 3 through 5 (or, at the  | consider a child's |      |
| discretion of the State educational      | IFSP when          |      |
| agency, a 2-year-old child with a        | developing an      |      |
| disability who will turn age 3 during    | appropriate        |      |
| the school year), the IEP Team shall     | program for a      |      |
| consider the individualized family       | child transferring |      |
| service plan that contains the material  | from the Part C    |      |
| described in 20 U.S.C. 1436, and that is | program to the     |      |
| developed in accordance with this        | Part B program.    |      |
| 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.                        |                    |      |
+------------------------------------------+--------------------+------+
| \(C\) PROGRAM FOR CHILDREN WHO TRANSFER  | New provision.     |      |
| SCHOOL DISTRICTS-                        | Requires that, for |      |
|                                          | children           |      |
| \(i\) IN GENERAL-                        | transferring       |      |
|                                          | school districts   |      |
| \(I\) TRANSFER WITHIN THE SAME STATE- In | within the same    |      |
| the case of a child with a disability    | state, the new LEA |      |
| who transfers school districts within    | provide FAPE,      |      |
| the same academic year, who enrolls in a | including services |      |
| new school, and who had an IEP that was  | consistent with    |      |
| in effect in the same State, the local   | the previous       |      |
| educational agency shall provide such    | district's IEP, in |      |
| child with a free appropriate public     | consultation with  |      |
| education, including services comparable | the parents, until |      |
| to those described in the previously     | the new LEA either |      |
| held IEP, in consultation with the       | adopts the prior   |      |
| parents until such time as the local     | IEP or develops a  |      |
| educational agency adopts the previously | new IEP.           |      |
| held IEP or develops, adopts, and        |                    |      |
| implements a new IEP that is consistent  |                    |      |
| with Federal and State law.              |                    |      |
+------------------------------------------+--------------------+------+
| \(II\) TRANSFER OUTSIDE STATE- In the    | New provision.     |      |
| case of a child with a disability who    | Requires that, for |      |
| transfers school districts within the    | children           |      |
| same academic year, who enrolls in a new | transferring from  |      |
| school, and who had an IEP that was in   | one State to       |      |
| effect in another State, the local       | another, the new   |      |
| educational agency shall provide such    | LEA provide FAPE,  |      |
| child with a free appropriate public     | including services |      |
| education, including services comparable | consistent with    |      |
| to those described in the previously     | the previous       |      |
| held IEP, in consultation with the       | district's IEP, in |      |
| parents until such time as the local     | consultation with  |      |
| educational agency conducts an           | the parents, until |      |
| evaluation pursuant to subsection        | the new LEA        |      |
| (a)(1), if determined to be necessary by | conducts an        |      |
| such agency, and develops a new IEP, if  | evaluation, and if |      |
| appropriate, that is consistent with     | needed, develops a |      |
| Federal and State law.                   | new IEP.           |      |
+------------------------------------------+--------------------+------+
| \(ii\) TRANSMITTAL OF RECORDS- To        | New provision.     |      |
| facilitate the transition for a child    | Requires that new  |      |
| described in clause (i)\--               | LEAs *take         |      |
|                                          | reasonable steps   |      |
|                                          | to promptly obtain |      |
|                                          | the child's        |      |
|                                          | records* and the   |      |
|                                          | 'old' district     |      |
|                                          | take reasonable    |      |
|                                          | steps to promptly  |      |
|                                          | respond to those   |      |
|                                          | requests.          |      |
+------------------------------------------+--------------------+------+
| \(I\) the new school in which the child  |                    |      |
| enrolls shall take reasonable steps to   |                    |      |
| promptly obtain the child\'s records,    |                    |      |
| including the IEP and supporting         |                    |      |
| documents and any other records relating |                    |      |
| to the provision of special education or |                    |      |
| related services to the child, from the  |                    |      |
| previous school in which the child was   |                    |      |
| enrolled, pursuant to section            |                    |      |
| 99.31(a)(2) of title 34, Code of Federal |                    |      |
| Regulations; and                         |                    |      |
+------------------------------------------+--------------------+------+
| \(II\) the previous school in which the  |                    |      |
| child was enrolled shall take reasonable |                    |      |
| steps to promptly respond to such        |                    |      |
| request from the new school.             |                    |      |
+------------------------------------------+--------------------+------+
| \(3\) DEVELOPMENT OF IEP-                | No substantive     |      |
|                                          | change except the  |      |
| \(A\) IN GENERAL- In developing each     | one immediately    |      |
| child\'s IEP, the IEP Team, subject to   | below.             |      |
| subparagraph (C), shall consider\--      |                    |      |
+------------------------------------------+--------------------+------+
| \(i\) the strengths of the child;        |                    |      |
+------------------------------------------+--------------------+------+
| \(ii\) the concerns of the parents for   |                    |      |
| enhancing the education of their child;  |                    |      |
+------------------------------------------+--------------------+------+
| \(iii\) the results of the initial       |                    |      |
| evaluation or most recent evaluation of  |                    |      |
| the child; and                           |                    |      |
+------------------------------------------+--------------------+------+
| \(iv\) the academic, developmental, and  | Adds that the IEP  |      |
| functional needs of the child.           | team consider the  |      |
|                                          | academic,          |      |
|                                          | developmental, and |      |
|                                          | functional needs   |      |
|                                          | of the child.      |      |
+------------------------------------------+--------------------+------+
| \(B\) CONSIDERATION OF SPECIAL FACTORS-  | No substantive     |      |
| The IEP Team shall\--                    | change.            |      |
|                                          |                    |      |
| \(i\) in the case of a child whose       |                    |      |
| behavior impedes the child\'s 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    | No substantive     |      |
| blind or visually impaired, provide for  | change.            |      |
| 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  | No substantive     |      |
| of the child, and in the case of a child | change.            |      |
| 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        | No substantive     |      |
| REGULAR EDUCATION TEACHER- A regular     | change.            |      |
| 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 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)(IV).                           |                    |      |
+------------------------------------------+--------------------+------+
| \(D\) AGREEMENT- In making changes to a  | New provision.     |      |
| child\'s IEP after the annual IEP        | Changes to the     |      |
| meeting for a school year, the parent of | IEP, after the     |      |
| a child with a disability and the local  | annual IEP         |      |
| educational agency may agree not to      | meeting, can occur |      |
| convene an IEP meeting for the purposes  | without a meeting, |      |
| of making such changes, and instead may  | if the parents and |      |
| develop a written document to amend or   | LEA agree and      |      |
| modify the child\'s current IEP.         | develop a written  |      |
|                                          | document to amend  |      |
|                                          | or modify the IEP. |      |
+------------------------------------------+--------------------+------+
| \(E\) CONSOLIDATION OF IEP TEAM          | New provision.     |      |
| MEETINGS- To the extent possible, the    | LEAs should        |      |
| local educational agency shall encourage | encourage the      |      |
| the consolidation of reevaluation        | consolidation of   |      |
| meetings for the child and other IEP     | reevaluation       |      |
| Team meetings for the child.             | meetings and other |      |
|                                          | IEP meetings.      |      |
+------------------------------------------+--------------------+------+
| \(F\) AMENDMENTS- Changes to the IEP may | New provision.     |      |
| be made either by the entire IEP Team    | Clarifies that     |      |
| or, as provided in subparagraph (D), by  | amendments to IEPs |      |
| amending the IEP rather than by          | can be made by the |      |
| redrafting the entire IEP. Upon request, | entire IEP team or |      |
| a parent shall be provided with a        | by just the parent |      |
| revised copy of the IEP with the         | and LEA (as in     |      |
| amendments incorporated.                 | (d)(e)(D)) and     |      |
|                                          | that the IEP can   |      |
|                                          | be amended, rather |      |
|                                          | than completely    |      |
|                                          | redrafted, unless  |      |
|                                          | the parent         |      |
|                                          | requests a revised |      |
|                                          | copy with the      |      |
|                                          | amendments         |      |
|                                          | incorporated.      |      |
+------------------------------------------+--------------------+------+
| \(4\) REVIEW AND REVISION OF IEP-        | No substantive     |      |
|                                          | change.            |      |
| \(A\) IN GENERAL- The local educational  |                    |      |
| agency shall ensure that, subject to     |                    |      |
| subparagraph (B), the IEP Team\--        |                    |      |
+------------------------------------------+--------------------+------+
| \(i\) reviews the child\'s IEP           | Revised to refer   |      |
| periodically, but not less frequently    | to general         |      |
| than annually, to determine whether the  | education          |      |
| annual goals for the child are being     | curriculum rather  |      |
| achieved; and                            | than 'general      |      |
|                                          | curriculum' in     |      |
|                                          | prior law.         |      |
+------------------------------------------+--------------------+------+
| \(ii\) 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- A regular     |                    |      |
| education teacher of the child, as a     |                    |      |
| member of the IEP Team, shall,           |                    |      |
| consistent with paragraph (1)(C),        |                    |      |
| participate in the review and revision   |                    |      |
| of the IEP of the child.                 |                    |      |
+------------------------------------------+--------------------+------+
| \(5\) MULTI-YEAR IEP DEMONSTRATION-      | New provision.     |      |
|                                          | Authorizes the     |      |
| \(A\) PILOT PROGRAM-                     | Secretary to grant |      |
|                                          | up to 15 States    |      |
| \(i\) PURPOSE- The purpose of this       | the ability to     |      |
| paragraph is to provide an opportunity   | offer              |      |
| for States to allow parents and local    | comprehensive      |      |
| educational agencies the opportunity for | multi-year IEPs of |      |
| long-term planning by offering the       | not more than 3    |      |
| option of developing a comprehensive     | years in length,   |      |
| multi-year IEP, not to exceed 3 years,   | designed to        |      |
| that is designed to coincide with the    | coincide with      |      |
| natural transition points for the child. | natural transition |      |
|                                          | points for the     |      |
|                                          | child. States must |      |
|                                          | submit proposals   |      |
|                                          | that meet certain  |      |
|                                          | statutory          |      |
|                                          | standards,         |      |
|                                          | including that     |      |
|                                          | participation in   |      |
|                                          | the multi-year IEP |      |
|                                          | demonstration is   |      |
|                                          | optional for       |      |
|                                          | parents. The       |      |
|                                          | Secretary must     |      |
|                                          | submit annual      |      |
|                                          | reports to         |      |
|                                          | Congress beginning |      |
|                                          | 2 years after      |      |
|                                          | enactment of the   |      |
|                                          | reauthorization on |      |
|                                          | the effectiveness  |      |
|                                          | of the             |      |
|                                          | demonstrations on  |      |
|                                          | reducing paperwork |      |
|                                          | and                |      |
|                                          | noinstructional    |      |
|                                          | teacher time and   |      |
|                                          | improving positive |      |
|                                          | outcomes for       |      |
|                                          | children with      |      |
|                                          | disabilities.      |      |
+------------------------------------------+--------------------+------+
| \(ii\) AUTHORIZATION- In order to carry  |                    |      |
| out the purpose of this paragraph, the   |                    |      |
| Secretary is authorized to approve not   |                    |      |
| more than 15 proposals from States to    |                    |      |
| carry out the activity described in      |                    |      |
| clause (i).                              |                    |      |
+------------------------------------------+--------------------+------+
| \(iii\) PROPOSAL-                        |                    |      |
|                                          |                    |      |
| \(I\) IN GENERAL- A State desiring to    |                    |      |
| participate in the program under this    |                    |      |
| paragraph shall submit a proposal to the |                    |      |
| Secretary at such time and in such       |                    |      |
| manner as the Secretary may reasonably   |                    |      |
| require.                                 |                    |      |
+------------------------------------------+--------------------+------+
| \(II\) CONTENT- The proposal shall       |                    |      |
| include\--                               |                    |      |
+------------------------------------------+--------------------+------+
| (aa) assurances that the development of  |                    |      |
| a multi-year IEP under this paragraph is |                    |      |
| optional for parents;                    |                    |      |
+------------------------------------------+--------------------+------+
| (bb) assurances that the parent is       |                    |      |
| required to provide informed consent     |                    |      |
| before a comprehensive multi-year IEP is |                    |      |
| developed;                               |                    |      |
+------------------------------------------+--------------------+------+
| \(cc\) a list of required elements for   |                    |      |
| each multi-year IEP, including\--        |                    |      |
+------------------------------------------+--------------------+------+
| (AA) 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 |                    |      |
+------------------------------------------+--------------------+------+
| (BB) measurable annual goals for         |                    |      |
| determining progress toward meeting the  |                    |      |
| goals described in subitem (AA); and     |                    |      |
+------------------------------------------+--------------------+------+
| (dd) a description of the process for    |                    |      |
| the review and revision of each          |                    |      |
| multi-year IEP, including\--             |                    |      |
+------------------------------------------+--------------------+------+
| (AA) a review by the IEP Team of the     |                    |      |
| child\'s multi-year IEP at each of the   |                    |      |
| child\'s natural transition points;      |                    |      |
+------------------------------------------+--------------------+------+
| (BB) in years other than a child\'s      |                    |      |
| natural transition points, an annual     |                    |      |
| review of the child\'s IEP to determine  |                    |      |
| the child\'s current levels of progress  |                    |      |
| and whether the annual goals for the     |                    |      |
| child are being achieved, and a          |                    |      |
| requirement to amend the IEP, as         |                    |      |
| appropriate, to enable the child to      |                    |      |
| continue to meet the measurable goals    |                    |      |
| set out in the IEP;                      |                    |      |
+------------------------------------------+--------------------+------+
| \(CC\) if the IEP Team determines on the |                    |      |
| basis of a review that the child is not  |                    |      |
| making sufficient progress toward the    |                    |      |
| goals described in the multi-year IEP, a |                    |      |
| requirement that the local educational   |                    |      |
| agency shall ensure that the IEP Team    |                    |      |
| carries out a more thorough review of    |                    |      |
| the IEP in accordance with paragraph (4) |                    |      |
| within 30 calendar days; and             |                    |      |
+------------------------------------------+--------------------+------+
| (DD) at the request of the parent, a     |                    |      |
| requirement that the IEP Team shall      |                    |      |
| conduct a review of the child\'s         |                    |      |
| multi-year IEP rather than or subsequent |                    |      |
| to an annual review.                     |                    |      |
+------------------------------------------+--------------------+------+
| \(B\) REPORT- Beginning 2 years after    |                    |      |
| the date of enactment of the Individuals |                    |      |
| with Disabilities Education Improvement  |                    |      |
| Act of 2004, the Secretary shall submit  |                    |      |
| an annual report 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 regarding the              |                    |      |
| effectiveness of the program under this  |                    |      |
| paragraph and any specific               |                    |      |
| recommendations for broader              |                    |      |
| implementation of such program,          |                    |      |
| including\--                             |                    |      |
+------------------------------------------+--------------------+------+
| \(i\) reducing\--                        |                    |      |
+------------------------------------------+--------------------+------+
| \(I\) the paperwork burden on teachers,  |                    |      |
| principals, administrators, and related  |                    |      |
| service providers; and                   |                    |      |
+------------------------------------------+--------------------+------+
| \(II\) noninstructional time spent by    |                    |      |
| teachers in complying with this part;    |                    |      |
+------------------------------------------+--------------------+------+
| \(ii\) enhancing longer-term educational |                    |      |
| planning;                                |                    |      |
+------------------------------------------+--------------------+------+
| \(iii\) mproving positive outcomes for   |                    |      |
| children with disabilities;              |                    |      |
+------------------------------------------+--------------------+------+
| \(iv\) promoting collaboration between   |                    |      |
| IEP Team members; and                    |                    |      |
+------------------------------------------+--------------------+------+
| \(v\) ensuring satisfaction of family    |                    |      |
| members.                                 |                    |      |
+------------------------------------------+--------------------+------+
| \(C\) DEFINITION- 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   |                    |      |
| secondary school grades, and from        |                    |      |
| secondary school grades to               |                    |      |
| post-secondary activities, but in no     |                    |      |
| case a period longer than 3 years.       |                    |      |
+------------------------------------------+--------------------+------+
| \(6\) FAILURE TO MEET TRANSITION         | No substantive     |      |
| OBJECTIVES- If a participating agency,   | change.            |      |
| other than the local educational agency, |                    |      |
| fails to provide the transition services |                    |      |
| described in the IEP in accordance with  |                    |      |
| paragraph (1)(A)(i)(VIII), the local     |                    |      |
| educational agency shall reconvene the   |                    |      |
| IEP Team to identify alternative         |                    |      |
| strategies to meet the transition        |                    |      |
| objectives for the child set out in the  |                    |      |
| IEP.                                     |                    |      |
+------------------------------------------+--------------------+------+
| \(7\) CHILDREN WITH DISABILITIES IN      | No substantive     |      |
| ADULT PRISONS-                           | change.            |      |
|                                          |                    |      |
| \(A\) IN GENERAL- The following          |                    |      |
| requirements shall not apply to children |                    |      |
| with disabilities who are convicted as   |                    |      |
| adults under State law and incarcerated  |                    |      |
| in adult prisons:                        |                    |      |
+------------------------------------------+--------------------+------+
| \(i\) The requirements contained in 20   |                    |      |
| U.S.C. 1412(a)(16) and paragraph         |                    |      |
| (1)(A)(i)(VI) (relating to participation |                    |      |
| of children with disabilities in general |                    |      |
| assessments).                            |                    |      |
+------------------------------------------+--------------------+------+
| \(ii\) The requirements of items (aa)    |                    |      |
| and (bb) of paragraph (1)(A)(i)(VIII)    |                    |      |
| (relating to transition planning and     |                    |      |
| transition services), do not apply with  |                    |      |
| respect to such children whose           |                    |      |
| eligibility under this part will end,    |                    |      |
| because of such children\'s age, before  |                    |      |
| such children 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 20 U.S.C. 1412(a)(5)(A)  |                    |      |
| and paragraph (1)(A) if the State has    |                    |      |
| demonstrated a bona fide security or     |                    |      |
| compelling penological interest that     |                    |      |
| cannot otherwise be accommodated.        |                    |      |
+------------------------------------------+--------------------+------+
| 20 U.S.C. 1415. PROCEDURAL SAFEGUARDS.   |                    |      |
+------------------------------------------+--------------------+------+
| \(a\) ESTABLISHMENT OF PROCEDURES- Any   | No substantive     |      |
| State educational agency, State agency,  | change.            |      |
| 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 a free appropriate      |                    |      |
| public education by such agencies.       |                    |      |
+------------------------------------------+--------------------+------+
| \(b\) TYPES OF PROCEDURES- The           | No substantive     |      |
| procedures required by this section      | change.            |      |
| shall include the following:             |                    |      |
|                                          |                    |      |
| \(1\) 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.                 |                    |      |
+------------------------------------------+--------------------+------+
| \(2\)                                    | No substantive     |      |
|                                          | change.            |      |
| \(A\) 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 to act as a surrogate for the |                    |      |
| parents, which surrogate 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. In the   |                    |      |
| case of\--                               |                    |      |
+------------------------------------------+--------------------+------+
| \(i\) a child who is a ward of the       | New provision. For |      |
| State, such surrogate may alternatively  | a child who is a   |      |
| be appointed by the judge overseeing the | ward of the State, |      |
| child\'s care provided that the          | the surrogate      |      |
| surrogate meets the requirements of this | parent may be      |      |
| paragraph; and                           | appointed by the   |      |
|                                          | judge overseeing   |      |
|                                          | the child's care,  |      |
|                                          | provided that      |      |
|                                          | person meets the   |      |
|                                          | non-employee       |      |
|                                          | standard.          |      |
+------------------------------------------+--------------------+------+
| \(ii\) an unaccompanied homeless youth   | New provision. For |      |
| as defined in section 725(6) of the      | an unaccompanied   |      |
| McKinney-Vento Homeless Assistance Act   | homeless youth,    |      |
| (42 U.S.C. 11434a(6)), the local         | the local          |      |
| educational agency shall appoint a       | educational agency |      |
| surrogate in accordance with this        | must appoint a     |      |
| paragraph.                               | surrogate parent.  |      |
|                                          | Section 745(6) of  |      |
|                                          | the McKinney-Vento |      |
|                                          | Homeless           |      |
|                                          | Assistance Act     |      |
|                                          | states the term    |      |
|                                          | 'unaccompanied     |      |
|                                          | youth\' includes a |      |
|                                          | youth not in the   |      |
|                                          | physical custody   |      |
|                                          | of a parent or     |      |
|                                          | guardian.          |      |
+------------------------------------------+--------------------+------+
| \(B\) The State shall make reasonable    | New provision.     |      |
| efforts to ensure the assignment of a    | Requires that the  |      |
| surrogate not more than 30 days after    | State make         |      |
| there is a determination by the agency   | reasonable efforts |      |
| that the child needs a surrogate.        | to ensure          |      |
|                                          | appointment of a   |      |
|                                          | surrogate within   |      |
|                                          | 30 days after a    |      |
|                                          | determination that |      |
|                                          | the child needs a  |      |
|                                          | surrogate.         |      |
+------------------------------------------+--------------------+------+
| \(3\) Written prior notice to the        | No substantive     |      |
| parents of the child, in accordance with | change.            |      |
| subsection (c)(1), whenever the local    |                    |      |
| educational agency\--                    |                    |      |
+------------------------------------------+--------------------+------+
| \(A\) proposes to initiate or change; or |                    |      |
+------------------------------------------+--------------------+------+
| \(B\) refuses to initiate or change,     |                    |      |
|                                          |                    |      |
| > the identification, evaluation, or     |                    |      |
| > educational placement of the child, or |                    |      |
| > the provision of a free appropriate    |                    |      |
| > public education to the child.         |                    |      |
+------------------------------------------+--------------------+------+
| \(4\) Procedures designed to ensure that | No substantive     |      |
| the notice required by paragraph (3) is  | change.            |      |
| in the native language of the parents,   |                    |      |
| unless it clearly is not feasible to do  |                    |      |
| so.                                      |                    |      |
+------------------------------------------+--------------------+------+
| \(5\) An opportunity for mediation, in   | No substantive     |      |
| accordance with subsection (e).          | change.            |      |
+------------------------------------------+--------------------+------+
| \(6\) An opportunity for any party to    | Revised to provide |      |
| present a complaint\--                   | that *any party*   |      |
|                                          | has a right to a   |      |
| \(A\) with respect to any matter         | hearing \[prior    |      |
| relating to the identification,          | law guaranteed     |      |
| evaluation, or educational placement of  | that right only to |      |
| the child, or the provision of a free    | parents\] and adds |      |
| appropriate public education to such     | a new provision    |      |
| child; and                               | that a request for |      |
|                                          | a hearing be filed |      |
|                                          | within two years   |      |
|                                          | of when the        |      |
|                                          | parents or agency  |      |
|                                          | knew or should     |      |
|                                          | have known of the  |      |
|                                          | alleged violation, |      |
|                                          | unless the State   |      |
|                                          | has an explicit    |      |
|                                          | timeline for       |      |
|                                          | presenting         |      |
|                                          | complaints under   |      |
|                                          | Part B.            |      |
+------------------------------------------+--------------------+------+
| \(B\) which sets forth an alleged        |                    |      |
| violation that occurred not more than 2  |                    |      |
| years before the date the parent or      |                    |      |
| public agency knew or should have known  |                    |      |
| about the alleged action that forms the  |                    |      |
| basis of the complaint, or, if the State |                    |      |
| has an explicit time limitation for      |                    |      |
| presenting such a complaint under this   |                    |      |
| part, in such time as the State law      |                    |      |
| allows, except that the exceptions to    |                    |      |
| the timeline described in subsection     |                    |      |
| (f)(3)(D) shall apply to the timeline    |                    |      |
| described in this subparagraph.          |                    |      |
+------------------------------------------+--------------------+------+
| \(7\)                                    | Revises the        |      |
|                                          | content of this    |      |
| \(A\) Procedures that require either     | notice to refer to |      |
| party, or the attorney representing a    | available contact  |      |
| party, to provide due process complaint  | information for    |      |
| notice in accordance with subsection     | homeless children  |      |
| (c)(2) (which shall remain               | and adds a new     |      |
| confidential)\--                         | requirement that   |      |
|                                          | the party or their |      |
|                                          | attorney must file |      |
|                                          | the notice before  |      |
|                                          | a party can have a |      |
|                                          | due process        |      |
|                                          | hearing.           |      |
+------------------------------------------+--------------------+------+
| \(i\) to the other party, in the         |                    |      |
| complaint filed under paragraph (6), and |                    |      |
| forward a copy of such notice to the     |                    |      |
| State educational agency; and            |                    |      |
+------------------------------------------+--------------------+------+
| \(ii\) that shall include\--             |                    |      |
|                                          |                    |      |
| \(I\) the name of the child, the address |                    |      |
| of the residence of the child (or        |                    |      |
| available contact information in the     |                    |      |
| case of a homeless child), and the name  |                    |      |
| of the school the child is attending;    |                    |      |
+------------------------------------------+--------------------+------+
| \(II\) 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;                      |                    |      |
+------------------------------------------+--------------------+------+
| \(III\) 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                             |                    |      |
+------------------------------------------+--------------------+------+
| \(IV\) a proposed resolution of the      |                    |      |
| problem to the extent known and          |                    |      |
| available to the party at the time.      |                    |      |
+------------------------------------------+--------------------+------+
| \(B\) A requirement that a party may not |                    |      |
| have a due process hearing until the     |                    |      |
| party, or the attorney representing the  |                    |      |
| party, files a notice that meets the     |                    |      |
| requirements of subparagraph (A)(ii).    |                    |      |
+------------------------------------------+--------------------+------+
| \(8\) Procedures that require the State  | Revised to clarify |      |
| educational agency to develop a model    | that States must   |      |
| form to assist parents in filing a       | provide a model    |      |
| complaint and due process complaint      | form to assist     |      |
| notice in accordance with paragraphs (6) | parents in filing  |      |
| and (7), respectively.                   | a due process      |      |
|                                          | complaint and a    |      |
|                                          | due process        |      |
|                                          | complaint notice.  |      |
+------------------------------------------+--------------------+------+
| \(c\) NOTIFICATION REQUIREMENTS-         | No substantive     |      |
|                                          | change.            |      |
| \(1\) CONTENT OF PRIOR WRITTEN NOTICE-   |                    |      |
| The notice required by subsection (b)(3) |                    |      |
| shall include\--                         |                    |      |
|                                          |                    |      |
| \(A\) a description of the action        |                    |      |
| proposed or refused by the agency;       |                    |      |
+------------------------------------------+--------------------+------+
| \(B\) an explanation of why the agency   |                    |      |
| proposes or refuses to take the action   |                    |      |
| and a description of each evaluation     |                    |      |
| procedure, assessment, record, or report |                    |      |
| the agency used as a basis for the       |                    |      |
| proposed or refused action;              |                    |      |
+------------------------------------------+--------------------+------+
| \(C\) 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;                                |                    |      |
+------------------------------------------+--------------------+------+
| \(D\) sources for parents to contact to  |                    |      |
| obtain assistance in understanding the   |                    |      |
| provisions of this part;                 |                    |      |
+------------------------------------------+--------------------+------+
| \(E\) a description of other options     |                    |      |
| considered by the IEP Team and the       |                    |      |
| reason why those options were rejected;  |                    |      |
| and                                      |                    |      |
+------------------------------------------+--------------------+------+
| \(F\) a description of the factors that  |                    |      |
| are relevant to the agency\'s proposal   |                    |      |
| or refusal.                              |                    |      |
+------------------------------------------+--------------------+------+
| \(2\) DUE PROCESS COMPLAINT NOTICE-      | New and detailed   |      |
|                                          | requirements that  |      |
| \(A\) COMPLAINT- The due process         | a due process      |      |
| complaint notice required under          | complaint notice   |      |
| subsection (b)(7)(A) shall be deemed to  | be considered to   |      |
| be sufficient unless the party receiving | be sufficient      |      |
| the notice notifies the hearing officer  | unless the         |      |
| and the other party in writing that the  | receiving party    |      |
| receiving party believes the notice has  | notifies the       |      |
| not met the requirements of subsection   | hearing officer    |      |
| (b)(7)(A).                               | and the            |      |
|                                          | complainant,       |      |
|                                          | within 15 days of  |      |
|                                          | receipt, that the  |      |
|                                          | notice does not    |      |
|                                          | meet the required  |      |
|                                          | content            |      |
|                                          | requirements; that |      |
|                                          | an agency provide  |      |
|                                          | prior written      |      |
|                                          | notice within 10   |      |
|                                          | days if the agency |      |
|                                          | has not provided   |      |
|                                          | prior written      |      |
|                                          | notice about the   |      |
|                                          | issues in the      |      |
|                                          | complaint; that a  |      |
|                                          | non-complaining    |      |
|                                          | party respond      |      |
|                                          | within 10 days     |      |
|                                          | specifically       |      |
|                                          | addressing the     |      |
|                                          | issues in the      |      |
|                                          | complaint; that a  |      |
|                                          | hearing officer    |      |
|                                          | make a             |      |
|                                          | determination      |      |
|                                          | about sufficiency  |      |
|                                          | of the due process |      |
|                                          | complaint notice   |      |
|                                          | within 5 days;     |      |
|                                          | that a complaint   |      |
|                                          | notice may be      |      |
|                                          | amended with the   |      |
|                                          | written consent of |      |
|                                          | the other party    |      |
|                                          | and a resolution   |      |
|                                          | meeting; that a    |      |
|                                          | hearing officer    |      |
|                                          | can grant          |      |
|                                          | permission to      |      |
|                                          | amend a due        |      |
|                                          | process complaint  |      |
|                                          | notice, but not    |      |
|                                          | within 5 days of   |      |
|                                          | the due process    |      |
|                                          | hearing; and that  |      |
|                                          | the due process    |      |
|                                          | hearing timelines  |      |
|                                          | recommence upon    |      |
|                                          | the filing of an   |      |
|                                          | amended notice.    |      |
+------------------------------------------+--------------------+------+
| \(B\) RESPONSE TO COMPLAINT-             |                    |      |
+------------------------------------------+--------------------+------+
| \(i\) LOCAL EDUCATIONAL AGENCY RESPONSE- |                    |      |
+------------------------------------------+--------------------+------+
| \(I\) IN GENERAL- If the local           |                    |      |
| educational agency has not sent a prior  |                    |      |
| written notice to the parent regarding   |                    |      |
| the subject matter contained in the      |                    |      |
| parent\'s due process complaint notice,  |                    |      |
| such local educational agency shall,     |                    |      |
| within 10 days of receiving the          |                    |      |
| complaint, send to the parent a response |                    |      |
| that shall include\--                    |                    |      |
+------------------------------------------+--------------------+------+
| > (aa) an explanation of why the agency  |                    |      |
| > proposed or refused to take the action |                    |      |
| > raised in the complaint;               |                    |      |
+------------------------------------------+--------------------+------+
| (bb) a description of other options that |                    |      |
| the IEP Team considered and the reasons  |                    |      |
| why those options were rejected;         |                    |      |
+------------------------------------------+--------------------+------+
| > \(cc\) a description of each           |                    |      |
| > evaluation procedure, assessment,      |                    |      |
| > record, or report the agency used as   |                    |      |
| > the basis for the proposed or refused  |                    |      |
| > action; and                            |                    |      |
+------------------------------------------+--------------------+------+
| (dd) a description of the factors that   |                    |      |
| are relevant to the agency\'s proposal   |                    |      |
| or refusal.                              |                    |      |
+------------------------------------------+--------------------+------+
| \(II\) SUFFICIENCY- A response filed by  |                    |      |
| a local educational agency pursuant to   |                    |      |
| subclause (I) shall not be construed to  |                    |      |
| preclude such local educational agency   |                    |      |
| from asserting that the parent\'s due    |                    |      |
| process complaint notice was             |                    |      |
| insufficient where appropriate.          |                    |      |
+------------------------------------------+--------------------+------+
| \(ii\) OTHER PARTY RESPONSE- Except as   |                    |      |
| provided in clause (i), the              |                    |      |
| non-complaining party shall, within 10   |                    |      |
| days of receiving the complaint, send to |                    |      |
| the complaint a response that            |                    |      |
| specifically addresses the issues raised |                    |      |
| in the complaint.                        |                    |      |
+------------------------------------------+--------------------+------+
| \(C\) TIMING- The party providing a      |                    |      |
| hearing officer notification under       |                    |      |
| subparagraph (A) shall provide the       |                    |      |
| notification within 15 days of receiving |                    |      |
| the complaint.                           |                    |      |
+------------------------------------------+--------------------+------+
| (D) DETERMINATION- Within 5 days of      |                    |      |
|     receipt of the notification provided |                    |      |
|     under subparagraph (C), the hearing  |                    |      |
|     officer shall make a determination   |                    |      |
|     on the face of the notice of whether |                    |      |
|     the notification meets the           |                    |      |
|     requirements of subsection           |                    |      |
|     (b)(7)(A), and shall immediately     |                    |      |
|     notify the parties in writing of     |                    |      |
|     such determination.                  |                    |      |
+------------------------------------------+--------------------+------+
| \(E\) AMENDED COMPLAINT NOTICE-          |                    |      |
|                                          |                    |      |
| \(i\) IN GENERAL- A party may amend its  |                    |      |
| due process complaint notice only if\--  |                    |      |
+------------------------------------------+--------------------+------+
| \(I\) the other party consents in        |                    |      |
| writing to such amendment and is given   |                    |      |
| the opportunity to resolve the complaint |                    |      |
| through a meeting held pursuant to       |                    |      |
| subsection (f)(1)(B); or                 |                    |      |
+------------------------------------------+--------------------+------+
| \(II\) the hearing officer grants        |                    |      |
| permission, except that the hearing      |                    |      |
| officer may only grant such permission   |                    |      |
| at any time not later than 5 days before |                    |      |
| a due process hearing occurs.            |                    |      |
+------------------------------------------+--------------------+------+
| \(ii\) APPLICABLE TIMELINE- The          |                    |      |
| applicable timeline for a due process    |                    |      |
| hearing under this part shall recommence |                    |      |
| at the time the party files an amended   |                    |      |
| notice, including the timeline under     |                    |      |
| subsection (f)(1)(B).                    |                    |      |
+------------------------------------------+--------------------+------+
| \(d\) PROCEDURAL SAFEGUARDS NOTICE-      | Revised to provide |      |
|                                          | that procedural    |      |
| \(1\) IN GENERAL-                        | safeguards notice  |      |
|                                          | be given to        |      |
| \(A\) COPY TO PARENTS- A copy of the     | parents only one a |      |
| procedural safeguards available to the   | year, except that  |      |
| parents of a child with a disability     | a copy must also   |      |
| shall be given to the parents only 1     | be given to        |      |
| time a year, except that a copy also     | parents on initial |      |
| shall be given to the parents\--         | referral, or a     |      |
|                                          | parental request,  |      |
|                                          | for evaluation,    |      |
|                                          | the initial filing |      |
|                                          | of a due process   |      |
|                                          | hearing request,   |      |
|                                          | and when requested |      |
|                                          | by the parent.     |      |
+------------------------------------------+--------------------+------+
| \(i\) upon initial referral or parental  |                    |      |
| request for evaluation;                  |                    |      |
+------------------------------------------+--------------------+------+
| \(ii\) upon the first occurrence of the  |                    |      |
| filing of a complaint under subsection   |                    |      |
| (b)(6); and                              |                    |      |
+------------------------------------------+--------------------+------+
| \(iii\) upon request by a parent.        |                    |      |
+------------------------------------------+--------------------+------+
| \(B\) INTERNET WEBSITE- A local          | A new provision    |      |
| educational agency may place a current   | noting that a      |      |
| copy of the procedural safeguards notice | local educational  |      |
| on its Internet website if such website  | agency may place a |      |
| exists.                                  | current copy of    |      |
|                                          | the procedural     |      |
|                                          | safeguards on its  |      |
|                                          | Internet website.  |      |
+------------------------------------------+--------------------+------+
| \(2\) CONTENTS- The procedural           | Revised to add     |      |
| safeguards notice shall include a full   | elements related   |      |
| explanation of the procedural            | to the time period |      |
| safeguards, written in the native        | for filing due     |      |
| language of the parents (unless it       | process            |      |
| clearly is not feasible to do so) and    | complaints, the    |      |
| written in an easily understandable      | agency's           |      |
| manner, available under this section and | opportunity to     |      |
| under regulations promulgated by the     | resolve            |      |
| Secretary relating to\--                 | complaints, the    |      |
|                                          | availability of    |      |
|                                          | mediation, and the |      |
|                                          | time period for    |      |
|                                          | filing lawsuits.   |      |
+------------------------------------------+--------------------+------+
| \(A\) independent educational            |                    |      |
| evaluation;                              |                    |      |
+------------------------------------------+--------------------+------+
| \(B\) prior written notice;              |                    |      |
+------------------------------------------+--------------------+------+
| \(C\) parental consent;                  |                    |      |
+------------------------------------------+--------------------+------+
| \(D\) access to educational records;     |                    |      |
+------------------------------------------+--------------------+------+
| \(E\) the opportunity to present and     |                    |      |
| resolve complaints, including\--         |                    |      |
+------------------------------------------+--------------------+------+
| \(i\) the time period in which to make a |                    |      |
| complaint;                               |                    |      |
+------------------------------------------+--------------------+------+
| \(ii\) the opportunity for the agency to |                    |      |
| resolve the complaint; and               |                    |      |
+------------------------------------------+--------------------+------+
| \(iii\) the availability of mediation;   |                    |      |
+------------------------------------------+--------------------+------+
| \(F\) 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;       |                    |      |
+------------------------------------------+--------------------+------+
| \(I\) due process hearings, including    |                    |      |
| requirements for disclosure of           |                    |      |
| evaluation results and recommendations;  |                    |      |
+------------------------------------------+--------------------+------+
| \(J\) State-level appeals (if applicable |                    |      |
| in that State);                          |                    |      |
+------------------------------------------+--------------------+------+
| \(K\) civil actions, including the time  |                    |      |
| period in which to file such actions;    |                    |      |
| and                                      |                    |      |
+------------------------------------------+--------------------+------+
| \(L\) attorneys\' fees.                  |                    |      |
+------------------------------------------+--------------------+------+
| \(e\) MEDIATION-                         | Revised to require |      |
|                                          | that mediation be  |      |
| \(1\) IN GENERAL- Any State educational  | available to       |      |
| agency or local educational agency that  | resolve any        |      |
| receives assistance under this part      | dispute \[prior    |      |
| shall ensure that procedures are         | law only required  |      |
| established and implemented to allow     | mediation to be    |      |
| parties to disputes involving any        | available to       |      |
| matter, including matters arising prior  | resolve matters    |      |
| to the filing of a complaint pursuant to | that were the      |      |
| subsection (b)(6), to resolve such       | subject of a due   |      |
| disputes through a mediation process.    | process hearing    |      |
|                                          | request\].         |      |
+------------------------------------------+--------------------+------+
| \(2\) REQUIREMENTS- Such procedures      | No substantive     |      |
| shall meet the following requirements:   | change.            |      |
+------------------------------------------+--------------------+------+
| \(A\) 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                                      |                    |      |
+------------------------------------------+--------------------+------+
| \(iii\) s conducted by a qualified and   |                    |      |
| impartial mediator who is trained in     |                    |      |
| effective mediation techniques.          |                    |      |
+------------------------------------------+--------------------+------+
| \(B\) OPPORTUNITY TO MEET WITH A         |                    |      |
| DISINTERESTED PARTY- A local educational |                    |      |
| agency or a State agency may establish   |                    |      |
| procedures to offer to parents and       |                    |      |
| schools that 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 or community parent resource      |                    |      |
| center in the State established under 20 |                    |      |
| U.S.C. 1471 or 1472; or                  |                    |      |
+------------------------------------------+--------------------+------+
| \(ii\) an appropriate alternative        |                    |      |
| dispute resolution entity, to encourage  |                    |      |
| the use, and explain the benefits, of    |                    |      |
| the mediation process to the parents.    |                    |      |
+------------------------------------------+--------------------+------+
| \(C\) LIST OF QUALIFIED MEDIATORS- 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.  |                    |      |
+------------------------------------------+--------------------+------+
| \(D\) COSTS- The State shall bear the    |                    |      |
| cost of the mediation process, including |                    |      |
| the costs of meetings described in       |                    |      |
| subparagraph (B).                        |                    |      |
+------------------------------------------+--------------------+------+
| \(E\) SCHEDULING AND LOCATION- 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.                                 |                    |      |
+------------------------------------------+--------------------+------+
| \(F\) WRITTEN AGREEMENT- In the case     | New provision.     |      |
| that a resolution is reached to resolve  | Requires that      |      |
| the complaint through the mediation      | mediation          |      |
| process, the parties shall execute a     | agreements be in   |      |
| legally binding agreement that sets      | writing, signed by |      |
| forth such resolution and that\--        | both the parents   |      |
|                                          | and agency         |      |
|                                          | representative,    |      |
|                                          | include a clause   |      |
|                                          | that discussions   |      |
|                                          | during mediation   |      |
|                                          | remain             |      |
|                                          | confidential and   |      |
|                                          | not be used as     |      |
|                                          | evidence in        |      |
|                                          | subsequent due     |      |
|                                          | process hearings   |      |
|                                          | or court actions,  |      |
|                                          | and that the       |      |
|                                          | agreements be      |      |
|                                          | enforceable in any |      |
|                                          | State court of     |      |
|                                          | competent          |      |
|                                          | jurisdiction or in |      |
|                                          | Federal district   |      |
|                                          | court.             |      |
+------------------------------------------+--------------------+------+
| \(i\) states that all discussions that   |                    |      |
| occurred during the mediation process    |                    |      |
| shall be confidential and may not be     |                    |      |
| used as evidence in any subsequent due   |                    |      |
| process hearing or civil proceeding;     |                    |      |
+------------------------------------------+--------------------+------+
| \(ii\) is signed by both the parent and  |                    |      |
| a representative of the agency who has   |                    |      |
| the authority to bind such agency; and   |                    |      |
+------------------------------------------+--------------------+------+
| \(iii\) is enforceable in any State      |                    |      |
| court of competent jurisdiction or in a  |                    |      |
| district court of the United States.     |                    |      |
+------------------------------------------+--------------------+------+
| \(G\) MEDIATION DISCUSSIONS- Discussions |                    |      |
| that occur during the mediation process  |                    |      |
| shall be confidential and may not be     |                    |      |
| used as evidence in any subsequent due   |                    |      |
| process hearing or civil proceeding.     |                    |      |
+------------------------------------------+--------------------+------+
| \(f\) IMPARTIAL DUE PROCESS HEARING-     | Revised to clarify |      |
|                                          | that either the    |      |
| \(1\) IN GENERAL-                        | parents or the LEA |      |
|                                          | can request a due  |      |
| \(A\) HEARING- Whenever a complaint has  | process hearing.   |      |
| been received under subsection (b)(6) or |                    |      |
| (k), 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 or by the local       |                    |      |
| educational agency, as determined by     |                    |      |
| State law or by the State educational    |                    |      |
| agency.                                  |                    |      |
+------------------------------------------+--------------------+------+
| \(B\) RESOLUTION SESSION-                | New provision.     |      |
|                                          | Requires that,     |      |
| \(i\) PRELIMINARY MEETING- Prior to the  | prior to a due     |      |
| opportunity for an impartial due process | process hearing,   |      |
| hearing under subparagraph (A), the      | the LEA convene a  |      |
| local educational agency shall convene a | meeting with the   |      |
| meeting with the parents and the         | parents and the    |      |
| relevant member or members of the IEP    | relevant member(s) |      |
| Team who have specific knowledge of the  | of the IEP team    |      |
| facts identified in the complaint\--     | with specific      |      |
|                                          | knowledge of the   |      |
|                                          | facts in the       |      |
|                                          | complaint within   |      |
|                                          | 15 days of receipt |      |
|                                          | of the compliant,  |      |
|                                          | to discuss and     |      |
|                                          | attempt to resolve |      |
|                                          | the complaint.     |      |
+------------------------------------------+--------------------+------+
| \(I\) within 15 days of receiving notice |                    |      |
| of the parents\' complaint;              |                    |      |
+------------------------------------------+--------------------+------+
| \(II\) which shall include a             | New provision. The |      |
| representative of the agency who has     | meeting must       |      |
| decisionmaking authority on behalf of    | include someone    |      |
| such agency;                             | from the agency    |      |
|                                          | with               |      |
|                                          | decision-making    |      |
|                                          | authority on       |      |
|                                          | behalf of the      |      |
|                                          | agency and may not |      |
|                                          | include an LEA     |      |
|                                          | attorney unless    |      |
|                                          | the parents bring  |      |
|                                          | an attorney. The   |      |
|                                          | parties may agree  |      |
|                                          | in writing to      |      |
|                                          | waive the meeting  |      |
|                                          | or agree to use    |      |
|                                          | mediation.         |      |
+------------------------------------------+--------------------+------+
| \(III\) which may not include an         |                    |      |
| attorney of the local educational agency |                    |      |
| unless the parent is accompanied by an   |                    |      |
| attorney; and                            |                    |      |
+------------------------------------------+--------------------+------+
| \(IV\) where the parents of the child    |                    |      |
| discuss their complaint, and the facts   |                    |      |
| 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, or agree  |                    |      |
| to use the mediation process described   |                    |      |
| in subsection (e).                       |                    |      |
+------------------------------------------+--------------------+------+
| \(ii\) HEARING- If the local educational | New provision. If  |      |
| agency has not resolved the complaint to | the LEA has not    |      |
| the satisfaction of the parents within   | resolved the       |      |
| 30 days of the receipt of the complaint, | complaint to the   |      |
| the due process hearing may occur, and   | satisfaction of    |      |
| all of the applicable timelines for a    | the parents within |      |
| due process hearing under this part      | 30 days of receipt |      |
| shall commence.                          | of the complaint,  |      |
|                                          | the due process    |      |
|                                          | hearing may occur. |      |
+------------------------------------------+--------------------+------+
| \(iii\) WRITTEN SETTLEMENT AGREEMENT- In | New provision. If  |      |
| the case that a resolution is reached to | there is a         |      |
| resolve the complaint at a meeting       | resolution, the    |      |
| described in clause (i), the parties     | parties shall      |      |
| shall execute a legally binding          | execute a written, |      |
| agreement that is\--                     | signed document    |      |
|                                          | that is            |      |
|                                          | enforceable in any |      |
|                                          | State court of     |      |
|                                          | competent          |      |
|                                          | jurisdiction or in |      |
|                                          | Federal district   |      |
|                                          | court.             |      |
+------------------------------------------+--------------------+------+
| \(I\) signed by both the parent and a    |                    |      |
| representative of the agency who has the |                    |      |
| authority to bind such agency; and       |                    |      |
+------------------------------------------+--------------------+------+
| \(II\) enforceable in any State court of |                    |      |
| competent jurisdiction or in a district  |                    |      |
| court of the United States.              |                    |      |
+------------------------------------------+--------------------+------+
| \(iv\) REVIEW PERIOD- If the parties     | New provision. A   |      |
| execute an agreement pursuant to clause  | party can void a   |      |
| (iii), a party may void such agreement   | written agreement  |      |
| within 3 business days of the            | within 3 business  |      |
| agreement\'s execution.                  | days.              |      |
+------------------------------------------+--------------------+------+
| \(2\) DISCLOSURE OF EVALUATIONS AND      | No substantive     |      |
| RECOMMENDATIONS-                         | change.            |      |
|                                          |                    |      |
| \(A\) IN GENERAL- Not less than 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.          |                    |      |
+------------------------------------------+--------------------+------+
| \(3\) LIMITATIONS ON HEARING-            | Revised to add     |      |
|                                          | requirements that  |      |
| \(A\) PERSON CONDUCTING HEARING- A       | a hearing officer  |      |
| hearing officer conducting a hearing     | cannot have        |      |
| pursuant to paragraph (1)(A) shall, at a | personal or        |      |
| minimum\--                               | professional       |      |
|                                          | interests that     |      |
|                                          | conflict with the  |      |
|                                          | person's           |      |
|                                          | objectivity;       |      |
|                                          | possess knowledge  |      |
|                                          | of and the ability |      |
|                                          | to understand the  |      |
|                                          | statute,           |      |
|                                          | regulations and    |      |
|                                          | court              |      |
|                                          | interpretations of |      |
|                                          | the law and        |      |
|                                          | regulations;       |      |
|                                          | possess the        |      |
|                                          | knowledge and      |      |
|                                          | ability to conduct |      |
|                                          | hearings in        |      |
|                                          | accordance with    |      |
|                                          | standard legal     |      |
|                                          | practice; and      |      |
|                                          | possess the        |      |
|                                          | knowledge and      |      |
|                                          | ability to render  |      |
|                                          | and write          |      |
|                                          | decisions in       |      |
|                                          | accordance with    |      |
|                                          | standard legal     |      |
|                                          | practice.          |      |
+------------------------------------------+--------------------+------+
| \(i\) not be\--                          |                    |      |
|                                          |                    |      |
| \(I\) an employee of the State           |                    |      |
| educational agency or the local          |                    |      |
| educational agency involved in the       |                    |      |
| education or care of the child; or       |                    |      |
+------------------------------------------+--------------------+------+
| \(II\) a person having a personal or     |                    |      |
| professional interest that conflicts     |                    |      |
| with the person\'s objectivity in the    |                    |      |
| hearing;                                 |                    |      |
+------------------------------------------+--------------------+------+
| \(ii\) possess knowledge of, and the     |                    |      |
| ability to understand, the provisions of |                    |      |
| this title, Federal and State            |                    |      |
| regulations pertaining to this title,    |                    |      |
| and legal interpretations of this title  |                    |      |
| by Federal and State courts; standard    |                    |      |
| legal practice; and                      |                    |      |
+------------------------------------------+--------------------+------+
| \(iii\) possess the knowledge and        |                    |      |
| ability to conduct hearings in           |                    |      |
| accordance with appropriate,             |                    |      |
+------------------------------------------+--------------------+------+
| \(iv\) possess the knowledge and ability |                    |      |
| to render and write decisions in         |                    |      |
| accordance with appropriate, standard    |                    |      |
| legal practice.                          |                    |      |
+------------------------------------------+--------------------+------+
| \(B\) SUBJECT MATTER OF HEARING- The     | New provision.     |      |
| party requesting the due process hearing | Requires that a    |      |
| shall not be allowed to raise issues at  | party requesting a |      |
| the due process hearing that were not    | due process        |      |
| raised in the notice filed under         | hearing cannot     |      |
| subsection (b)(7), unless the other      | raise issues in a  |      |
| party agrees otherwise.                  | hearing that were  |      |
|                                          | not raised in the  |      |
|                                          | due process        |      |
|                                          | complaint notice,  |      |
|                                          | unless the other   |      |
|                                          | party agrees.      |      |
+------------------------------------------+--------------------+------+
| \(C\) TIMELINE FOR REQUESTING HEARING- A | New provision.     |      |
| parent or agency shall request an        | Creates a Federal  |      |
| impartial due process hearing within 2   | default 2-year     |      |
| years of the date the parent or agency   | time limit, from   |      |
| knew or should have known about the      | when the parent or |      |
| alleged action that forms the basis of   | agency knew or     |      |
| the complaint, or, if the State has an   | should have known  |      |
| explicit time limitation for requesting  | of the alleged     |      |
| such a hearing under this part, in such  | violation, to file |      |
| time as the State law allows.            | a request for a    |      |
|                                          | due process        |      |
|                                          | hearing, that      |      |
|                                          | applies unless the |      |
|                                          | State has          |      |
|                                          | established an     |      |
|                                          | explicit timeline  |      |
|                                          | for requesting due |      |
|                                          | process under Part |      |
|                                          | B.                 |      |
+------------------------------------------+--------------------+------+
| \(D\) EXCEPTIONS TO THE TIMELINE- The    | New provision. The |      |
| timeline described in subparagraph (C)   | timeline shall not |      |
| shall not apply to a parent if the       | apply to a parent  |      |
| parent was prevented from requesting the | if the parent was  |      |
| hearing due to\--                        | prevented from     |      |
|                                          | filing by          |      |
|                                          | *specific          |      |
|                                          | misrepresentations |      |
|                                          | by the \[LEA\]     |      |
|                                          | that it had        |      |
|                                          | resolved the       |      |
|                                          | problem* or the    |      |
|                                          | LEA withheld       |      |
|                                          | information that   |      |
|                                          | the parent had a   |      |
|                                          | right to under     |      |
|                                          | Part B.            |      |
+------------------------------------------+--------------------+------+
| \(i\) specific misrepresentations by the |                    |      |
| local educational agency that it had     |                    |      |
| resolved the problem forming the basis   |                    |      |
| of the complaint; or                     |                    |      |
+------------------------------------------+--------------------+------+
| \(ii\) the local educational agency\'s   |                    |      |
| withholding of information from the      |                    |      |
| parent that was required under this part |                    |      |
| to be provided to the parent.            |                    |      |
+------------------------------------------+--------------------+------+
| \(E\) DECISION OF HEARING OFFICER-       | New provision.     |      |
|                                          | Adds new           |      |
| \(i\) IN GENERAL- Subject to clause      | requirements that  |      |
| (ii), a decision made by a hearing       | hearing decisions  |      |
| officer shall be made on substantive     | be based on a      |      |
| grounds based on a determination of      | determination      |      |
| whether the child received a free        | whether the child  |      |
| appropriate public education.            | received FAPE and  |      |
|                                          | that procedural    |      |
|                                          | inadequacies can   |      |
|                                          | result in a        |      |
|                                          | finding that FAPE  |      |
|                                          | was not provided   |      |
|                                          | only if those      |      |
|                                          | inadequacies       |      |
|                                          | impeded the        |      |
|                                          | child's right to   |      |
|                                          | FAPE,              |      |
|                                          | significantly      |      |
|                                          | impeded the        |      |
|                                          | parent's           |      |
|                                          | opportunity to     |      |
|                                          | participate in the |      |
|                                          | decision making    |      |
|                                          | regarding FAPE, or |      |
|                                          | caused a           |      |
|                                          | deprivation of     |      |
|                                          | educational        |      |
|                                          | benefits.          |      |
+------------------------------------------+--------------------+------+
| \(ii\) PROCEDURAL ISSUES- In matters     |                    |      |
| alleging a procedural violation, a       |                    |      |
| hearing officer may find that a child    |                    |      |
| did not receive a free appropriate       |                    |      |
| public education only if the procedural  |                    |      |
| inadequacies\--                          |                    |      |
+------------------------------------------+--------------------+------+
| \(I\) impeded the child\'s right to a    |                    |      |
| free appropriate public education;       |                    |      |
+------------------------------------------+--------------------+------+
| \(II\) significantly impeded the         |                    |      |
| parents\' opportunity to participate in  |                    |      |
| the decisionmaking process regarding the |                    |      |
| provision of a free appropriate public   |                    |      |
| education to the parents\' child; or     |                    |      |
+------------------------------------------+--------------------+------+
| \(III\) caused a deprivation of          |                    |      |
| educational benefits.                    |                    |      |
+------------------------------------------+--------------------+------+
| \(iii\) RULE OF CONSTRUCTION- Nothing in |                    |      |
| this subparagraph shall be construed to  |                    |      |
| preclude a hearing officer from ordering |                    |      |
| a local educational agency to comply     |                    |      |
| with procedural requirements under this  |                    |      |
| section.                                 |                    |      |
+------------------------------------------+--------------------+------+
| \(F\) RULE OF CONSTRUCTION- Nothing in   | New provision.     |      |
| this paragraph shall be construed to     | Nothing in 20      |      |
| affect the right of a parent to file a   | U.S.C. 1415(f)     |      |
| complaint with the State educational     | should be          |      |
| agency.                                  | construed to       |      |
|                                          | prevent a parent   |      |
|                                          | from filing a      |      |
|                                          | complaint with the |      |
|                                          | SEA under the      |      |
|                                          | State complaint    |      |
|                                          | procedures.        |      |
+------------------------------------------+--------------------+------+
| \(g\) APPEAL-                            | No substantive     |      |
|                                          | change.            |      |
| \(1\) IN GENERAL- 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.                      |                    |      |
+------------------------------------------+--------------------+------+
| \(2\) IMPARTIAL REVIEW AND INDEPENDENT   | No substantive     |      |
| DECISION- The State educational agency   | change.            |      |
| shall conduct an impartial review of the |                    |      |
| findings and decision appealed under     |                    |      |
| paragraph (1). The officer conducting    |                    |      |
| such review shall make an independent    |                    |      |
| decision upon completion of such review. |                    |      |
+------------------------------------------+--------------------+------+
| \(h\) SAFEGUARDS- Any party to a hearing | No substantive     |      |
| conducted pursuant to subsection (f) or  | change.            |      |
| (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\--                |                    |      |
+------------------------------------------+--------------------+------+
| \(A\) shall be made available to the     |                    |      |
| public consistent with the requirements  |                    |      |
| of 20 U.S.C. 1417(b) (relating to the    |                    |      |
| confidentiality of data, information,    |                    |      |
| and records); and                        |                    |      |
+------------------------------------------+--------------------+------+
| \(B\) shall be transmitted to the        |                    |      |
| advisory panel established pursuant to   |                    |      |
| 20 U.S.C. 1412(a)(21).                   |                    |      |
+------------------------------------------+--------------------+------+
| \(i\) ADMINISTRATIVE PROCEDURES-         | No substantive     |      |
|                                          | change.            |      |
| \(1\) IN GENERAL-                        |                    |      |
|                                          |                    |      |
| \(A\) DECISION MADE IN HEARING- A        |                    |      |
| decision made in a hearing conducted     |                    |      |
| pursuant to subsection (f) or (k) shall  |                    |      |
| be final, except that any party involved |                    |      |
| in such hearing may appeal such decision |                    |      |
| under the provisions of subsection (g)   |                    |      |
| and paragraph (2).                       |                    |      |
+------------------------------------------+--------------------+------+
| \(B\) DECISION MADE AT APPEAL- A         |                    |      |
| decision made under subsection (g) shall |                    |      |
| be final, except that any party may      |                    |      |
| bring an action under paragraph (2).     |                    |      |
+------------------------------------------+--------------------+------+
| \(2\) RIGHT TO BRING CIVIL ACTION-       | No substantive     |      |
|                                          | change.            |      |
| \(A\) 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), and any party aggrieved by the      |                    |      |
| findings and decision made 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.                   |                    |      |
+------------------------------------------+--------------------+------+
| \(B\) LIMITATION- The party bringing the | New provision.     |      |
| action shall have 90 days from the date  | Creates a Federal  |      |
| of the decision of the hearing officer   | default timeline   |      |
| to bring such an action, or, if the      | of 90 days to      |      |
| State has an explicit time limitation    | appeal final State |      |
| for bringing such action under this      | due process        |      |
| part, in such time as the State law      | decisions to       |      |
| allows.                                  | court, that        |      |
|                                          | applies unless the |      |
|                                          | State has an       |      |
|                                          | explicit timeline  |      |
|                                          | for bringing such  |      |
|                                          | actions under Part |      |
|                                          | B.                 |      |
+------------------------------------------+--------------------+------+
| \(C\) ADDITIONAL REQUIREMENTS- In any    | No substantive     |      |
| action brought under this paragraph, the | change.            |      |
| court\--                                 |                    |      |
+------------------------------------------+--------------------+------+
| \(i\) shall receive the records of the   |                    |      |
| administrative proceedings;              |                    |      |
+------------------------------------------+--------------------+------+
| \(ii\) shall hear additional evidence at |                    |      |
| the request of a party; and              |                    |      |
+------------------------------------------+--------------------+------+
| \(iii\) basing its decision on the       |                    |      |
| preponderance of the evidence, shall     |                    |      |
| grant such relief as the court           |                    |      |
| determines is appropriate.               |                    |      |
+------------------------------------------+--------------------+------+
| \(3\) JURISDICTION OF DISTRICT COURTS;   | No substantive     |      |
| ATTORNEYS\' FEES-                        | change.            |      |
|                                          |                    |      |
| \(A\) IN GENERAL- The district courts of |                    |      |
| the United States shall have             |                    |      |
| jurisdiction of actions brought under    |                    |      |
| this section without regard to the       |                    |      |
| amount in controversy.                   |                    |      |
+------------------------------------------+--------------------+------+
| \(B\) AWARD OF ATTORNEYS\' FEES-         | No substantive     |      |
|                                          | change.            |      |
| \(i\) IN GENERAL- In any action or       |                    |      |
| proceeding brought under this section,   |                    |      |
| the court, in its discretion, may award  |                    |      |
| reasonable attorneys\' fees as part of   |                    |      |
| the costs\--                             |                    |      |
+------------------------------------------+--------------------+------+
| \(I\) to a prevailing party who is the   |                    |      |
| parent of a child with a disability;     |                    |      |
+------------------------------------------+--------------------+------+
| \(II\) to a prevailing party who is a    | New provision.     |      |
| State educational agency or local        | Incorporates, into |      |
| educational agency against the attorney  | IDEA, the          |      |
| of a parent who files a complaint or     | standards of Fed.  |      |
| subsequent cause of action that is       | R. Civ. Pro. 11    |      |
| frivolous, unreasonable, or without      | and case law       |      |
| foundation, or against the attorney of a | providing for      |      |
| parent who continued to litigate after   | public agencies to |      |
| the litigation clearly became frivolous, | recover attorneys' |      |
| unreasonable, or without foundation; or  | fees from parents' |      |
|                                          | attorneys if the   |      |
|                                          | case *was          |      |
|                                          | frivolous,         |      |
|                                          | unreasonable or    |      |
|                                          | without foundation |      |
|                                          | or was presented   |      |
|                                          | for any improper   |      |
|                                          | purpose, such as   |      |
|                                          | to harass, to      |      |
|                                          | cause unnecessary  |      |
|                                          | delay, or to       |      |
|                                          | needlessly         |      |
|                                          | increase the costs |      |
|                                          | of litigation*.    |      |
+------------------------------------------+--------------------+------+
| \(III\) to a prevailing State            |                    |      |
| educational agency or local educational  |                    |      |
| agency against the attorney of a parent, |                    |      |
| or against the parent, if the parent\'s  |                    |      |
| complaint or subsequent cause of action  |                    |      |
| was presented for any improper purpose,  |                    |      |
| such as to harass, to cause unnecessary  |                    |      |
| delay, or to needlessly increase the     |                    |      |
| cost of litigation.                      |                    |      |
+------------------------------------------+--------------------+------+
| \(ii\) RULE OF CONSTRUCTION- Nothing in  | New provision.     |      |
| this subparagraph shall be construed to  | Nothing in 20      |      |
| affect section 327 of the District of    | U.S.C. 1415(i)(3)  |      |
| Columbia Appropriations Act, 2005.       | should be          |      |
|                                          | construed to       |      |
|                                          | affect the         |      |
|                                          | attorneys' fees    |      |
|                                          | limitation in the  |      |
|                                          | FY 2005 DC         |      |
|                                          | appropriations     |      |
|                                          | bill.              |      |
+------------------------------------------+--------------------+------+
| \(C\) DETERMINATION OF AMOUNT OF         | No substantive     |      |
| ATTORNEYS\' FEES- Fees awarded under     | change.            |      |
| 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.                              |                    |      |
+------------------------------------------+--------------------+------+
| \(D\) PROHIBITION OF ATTORNEYS\' FEES    | No substantive     |      |
| AND RELATED COSTS FOR CERTAIN SERVICES-  | change.            |      |
|                                          |                    |      |
| \(i\) N GENERAL- Attorneys\' fees may    |                    |      |
| not be awarded and related costs may not |                    |      |
| be reimbursed in any action or           |                    |      |
| proceeding under this section for        |                    |      |
| services performed subsequent to the     |                    |      |
| time of a written offer of settlement to |                    |      |
| a parent if\--                           |                    |      |
+------------------------------------------+--------------------+------+
| \(I\) the offer is made within the time  |                    |      |
| prescribed by Rule 68 of the Federal     |                    |      |
| Rules of Civil Procedure or, in the case |                    |      |
| of an administrative proceeding, at any  |                    |      |
| time more than 10 days before the        |                    |      |
| proceeding begins;                       |                    |      |
+------------------------------------------+--------------------+------+
| \(II\) the offer is not accepted within  |                    |      |
| 10 days; and                             |                    |      |
+------------------------------------------+--------------------+------+
| \(III\) the court or administrative      |                    |      |
| hearing officer finds that the relief    |                    |      |
| finally obtained by the parents is not   |                    |      |
| more favorable to the parents than the   |                    |      |
| offer of settlement.                     |                    |      |
+------------------------------------------+--------------------+------+
| \(ii\) IEP TEAM MEETINGS- Attorneys\'    | No substantive     |      |
| fees may not be awarded relating to any  | change.            |      |
| meeting of the IEP Team unless such      |                    |      |
| meeting is convened as a result of an    |                    |      |
| administrative proceeding or judicial    |                    |      |
| action, or, at the discretion of the     |                    |      |
| State, for a mediation described in      |                    |      |
| subsection (e).                          |                    |      |
+------------------------------------------+--------------------+------+
| \(iii\) OPPORTUNITY TO RESOLVE           | New provision.     |      |
| COMPLAINTS- A meeting conducted pursuant | Attorneys' fees    |      |
| to subsection (f)(1)(B)(i) shall not be  | are not available  |      |
| considered\--                            | for the resolution |      |
|                                          | session meetings   |      |
|                                          | required by 20     |      |
|                                          | U.S.C.             |      |
|                                          | 1415(f)(1)(B)(I).  |      |
+------------------------------------------+--------------------+------+
| \(I\) a meeting convened as a result of  |                    |      |
| an administrative hearing or judicial    |                    |      |
| action; or                               |                    |      |
+------------------------------------------+--------------------+------+
| \(II\) an administrative hearing or      |                    |      |
| judicial action for purposes of this     |                    |      |
| paragraph.                               |                    |      |
+------------------------------------------+--------------------+------+
| \(E\) EXCEPTION TO PROHIBITION ON        | No substantive     |      |
| ATTORNEYS\' FEES AND RELATED COSTS-      | change.            |      |
| Notwithstanding subparagraph (D), an     |                    |      |
| award of attorneys\' fees and related    |                    |      |
| costs may be made to a parent who is the |                    |      |
| prevailing party and who was             |                    |      |
| substantially justified in rejecting the |                    |      |
| settlement offer.                        |                    |      |
+------------------------------------------+--------------------+------+
| \(F\) REDUCTION IN AMOUNT OF ATTORNEYS\' | No substantive     |      |
| FEES- Except as provided in subparagraph | change.            |      |
| (G), whenever the court finds that\--    |                    |      |
+------------------------------------------+--------------------+------+
| \(i\) the parent, or the parent\'s       |                    |      |
| attorney, during the course of the       |                    |      |
| action or proceeding, unreasonably       |                    |      |
| protracted the final resolution of the   |                    |      |
| controversy;                             |                    |      |
+------------------------------------------+--------------------+------+
| \(ii\) the amount of the attorneys\'     |                    |      |
| fees otherwise authorized to be awarded  |                    |      |
| unreasonably exceeds the hourly rate     |                    |      |
| prevailing in the community for similar  |                    |      |
| services by attorneys of reasonably      |                    |      |
| comparable skill, reputation, and        |                    |      |
| experience;                              |                    |      |
+------------------------------------------+--------------------+------+
| \(iii\) the time spent and legal         |                    |      |
| services furnished were excessive        |                    |      |
| considering the nature of the action or  |                    |      |
| proceeding; or                           |                    |      |
+------------------------------------------+--------------------+------+
| \(iv\) the attorney representing the     |                    |      |
| parent did not provide to the local      |                    |      |
| educational agency the appropriate       |                    |      |
| information in the notice of the         |                    |      |
| complaint described in subsection        |                    |      |
| (b)(7)(A), the court shall reduce,       |                    |      |
| accordingly, the amount of the           |                    |      |
| attorneys\' fees awarded under this      |                    |      |
| section.                                 |                    |      |
+------------------------------------------+--------------------+------+
| \(G\) EXCEPTION TO REDUCTION IN AMOUNT   | No substantive     |      |
| OF ATTORNEYS\' FEES- The provisions of   | change.            |      |
| subparagraph (F) shall not apply in any  |                    |      |
| action or proceeding if the court finds  |                    |      |
| that the State or local educational      |                    |      |
| agency unreasonably protracted the final |                    |      |
| resolution of the action or proceeding   |                    |      |
| or there was a violation of this         |                    |      |
| section.                                 |                    |      |
+------------------------------------------+--------------------+------+
| \(j\) MAINTENANCE OF CURRENT EDUCATIONAL | No substantive     |      |
| PLACEMENT- Except as provided in         | change.            |      |
| subsection (k)(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 the 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           | New provision.     |      |
| EDUCATIONAL SETTING-                     | Permits school     |      |
|                                          | personnel to       |      |
| \(1\) AUTHORITY OF SCHOOL PERSONNEL-     | consider *any      |      |
|                                          | unique             |      |
| \(A\) CASE-BY-CASE DETERMINATION- School | circumstances on a |      |
| personnel may consider any unique        | case-by-case       |      |
| circumstances on a case-by-case basis    | basis* when        |      |
| when determining whether to order a      | deciding to order  |      |
| change in placement for a child with a   | a change in        |      |
| disability who violates a code of        | placement for a    |      |
| student conduct.                         | child violating a  |      |
|                                          | school conduct     |      |
|                                          | code.              |      |
+------------------------------------------+--------------------+------+
| \(B\) AUTHORITY- School personnel under  | Essentially the    |      |
| this subsection may remove a child with  | same as prior      |      |
| a disability who violates a code of      | (k)(1)(A)(I)       |      |
| student conduct from their current       | permitting school  |      |
| placement to an appropriate interim      | personnel to move  |      |
| alternative educational setting, another | a child with a     |      |
| setting, or suspension, for not more     | disability for not |      |
| than 10 school days (to the extent such  | more than 10       |      |
| alternatives are applied to children     | school days for    |      |
| without disabilities).                   | any violation of a |      |
|                                          | school code of     |      |
|                                          | conduct.           |      |
+------------------------------------------+--------------------+------+
| \(C\) ADDITIONAL AUTHORITY- If school    | Similar to prior   |      |
| personnel seek to order a change in      | (k)(5)(A),         |      |
| placement that would exceed 10 school    | permitting school  |      |
| days and the behavior that gave rise to  | personnel to       |      |
| the violation of the school code is      | discipline a child |      |
| determined not to be a manifestation of  | with a disability  |      |
| the child\'s disability pursuant to      | for the same       |      |
| subparagraph (E), the relevant           | length of time and |      |
| disciplinary procedures applicable to    | in the same manner |      |
| children without disabilities may be     | as nondisabled     |      |
| applied to the child in the same manner  | children for       |      |
| and for the same duration in which the   | behavior found not |      |
| procedures would be applied to children  | to be a            |      |
| without disabilities, except as provided | manifestation of   |      |
| in 20 U.S.C. 1412(a)(1) although it may  | the child's        |      |
| be provided in an interim alternative    | disability, except |      |
| educational setting.                     | that the           |      |
|                                          | educational        |      |
|                                          | services must      |      |
|                                          | continue, although |      |
|                                          | in another         |      |
|                                          | setting.           |      |
+------------------------------------------+--------------------+------+
| \(D\) SERVICES- A child with a           | Similar to prior   |      |
| disability who is removed from the       | (k)(1)(A) and (B)  |      |
| child\'s current placement under         | and current        |      |
| subparagraph (G) (irrespective of        | regulations, that  |      |
| whether the behavior is determined to be | any child with a   |      |
| a manifestation of the child\'s          | disability removed |      |
| disability) or subparagraph (C) shall\-- | from the current   |      |
|                                          | placement for more |      |
| \(i\) continue to receive educational    | than 10            |      |
| services, as provided in 20 U.S.C.       | consecutive school |      |
| 1412(a)(1), so as to enable the child to | days must continue |      |
| continue to participate in the general   | to receive         |      |
| education curriculum, although in        | educational        |      |
| another setting, and to progress toward  | services so as to  |      |
| meeting the goals set out in the         | enable the child   |      |
| child\'s IEP; and                        | to continue to     |      |
|                                          | participate in the |      |
|                                          | general education  |      |
|                                          | curriculum         |      |
|                                          | although in        |      |
|                                          | another setting,   |      |
|                                          | and continue to    |      |
|                                          | receive the        |      |
|                                          | services on the    |      |
|                                          | child's IEP and    |      |
|                                          | receive, as        |      |
|                                          | appropriate,       |      |
|                                          | functional         |      |
|                                          | behavioral         |      |
|                                          | assessment,        |      |
|                                          | behavioral         |      |
|                                          | interventions and  |      |
|                                          | modifications that |      |
|                                          | are designed to    |      |
|                                          | address the        |      |
|                                          | behavior so that   |      |
|                                          | it does not recur. |      |
+------------------------------------------+--------------------+------+
| \(ii\) receive, as appropriate, a        |                    |      |
| functional behavioral assessment,        |                    |      |
| behavioral intervention services and     |                    |      |
| modifications, that are designed to      |                    |      |
| address the behavior violation so that   |                    |      |
| it does not recur.                       |                    |      |
+------------------------------------------+--------------------+------+
| \(E\) MANIFESTATION DETERMINATION-       | Establishes a new  |      |
|                                          | standard for       |      |
| \(i\) IN GENERAL- Except as provided in  | manifestation      |      |
| subparagraph (B), within 10 school days  | determinations --  |      |
| of any decision to change the placement  | within 10 school   |      |
| of a child with a disability because of  | days of any        |      |
| a violation of a code of student         | decision to change |      |
| conduct, the local educational agency,   | the placement of a |      |
| the parent, and relevant members of the  | child for          |      |
| IEP Team (as determined by the parent    | discipline, the    |      |
| and the local educational agency) shall  | LEA, parent, and   |      |
| review all relevant information in the   | relevant members   |      |
| student\'s file, including the child\'s  | of the IEP team    |      |
| IEP, any teacher observations, and any   | (determined by the |      |
| relevant information provided by the     | parent and LEA)    |      |
| parents to determine\--                  | shall review all   |      |
|                                          | information to     |      |
|                                          | determine (1) *if  |      |
|                                          | the conduct in     |      |
|                                          | question was       |      |
|                                          | caused by, or had  |      |
|                                          | a direct and       |      |
|                                          | substantial        |      |
|                                          | relationship to,   |      |
|                                          | the child's        |      |
|                                          | disability; or*    |      |
|                                          | (2) *if the        |      |
|                                          | conduct in         |      |
|                                          | question was the   |      |
|                                          | direct result of   |      |
|                                          | the \[LEA's\]      |      |
|                                          | failure to         |      |
|                                          | implement the      |      |
|                                          | IEP.*              |      |
+------------------------------------------+--------------------+------+
| \(ii\) MANIFESTATION- If the local       |                    |      |
| educational agency, the parent, and      |                    |      |
| relevant members of the IEP Team         |                    |      |
| determine that either subclause (I) or   |                    |      |
| (II) of clause (i) is applicable for the |                    |      |
| child, the conduct shall be determined   |                    |      |
| to be a manifestation of the child\'s    |                    |      |
| disability.                              |                    |      |
+------------------------------------------+--------------------+------+
| \(I\) if the conduct in question was     |                    |      |
| caused by, or had a direct and           |                    |      |
| substantial relationship to, the         |                    |      |
| child\'s disability; or                  |                    |      |
+------------------------------------------+--------------------+------+
| \(II\) if the conduct in question was    |                    |      |
| the direct result of the local           |                    |      |
| educational agency\'s failure to         |                    |      |
| implement the IEP.                       |                    |      |
+------------------------------------------+--------------------+------+
| \(F\) DETERMINATION THAT BEHAVIOR WAS A  | New provision. If  |      |
| MANIFESTATION- If the local educational  | behavior was a     |      |
| agency, the parent, and relevant members | manifestation of   |      |
| of the IEP Team make the determination   | the child's        |      |
| that the conduct was a manifestation of  | disability, the    |      |
| the child\'s disability, the IEP Team    | IEP team must      |      |
| shall\--                                 | conduct a          |      |
|                                          | functional         |      |
|                                          | behavioral         |      |
|                                          | assessment and     |      |
|                                          | implement a        |      |
|                                          | behavioral         |      |
|                                          | intervention plan  |      |
|                                          | for the child, or  |      |
|                                          | reviews an         |      |
|                                          | existing plan and  |      |
|                                          | modifies it as     |      |
|                                          | necessary to       |      |
|                                          | address the        |      |
|                                          | behavior. This     |      |
|                                          | provision also     |      |
|                                          | clarifies, as in   |      |
|                                          | current            |      |
|                                          | regulations, that  |      |
|                                          | if behavior is a   |      |
|                                          | manifestation, the |      |
|                                          | child is returned  |      |
|                                          | to the placement   |      |
|                                          | from which he or   |      |
|                                          | she was removed    |      |
|                                          | for discipline,    |      |
|                                          | unless the parent  |      |
|                                          | and LEA agree      |      |
|                                          | otherwise.         |      |
+------------------------------------------+--------------------+------+
| \(i\) conduct a functional behavioral    |                    |      |
| assessment, and implement a behavioral   |                    |      |
| intervention plan for such child,        |                    |      |
| provided that the local educational      |                    |      |
| agency had not conducted such assessment |                    |      |
| prior to such determination before the   |                    |      |
| behavior that resulted in a change in    |                    |      |
| placement described in subparagraph (C)  |                    |      |
| or (G);                                  |                    |      |
+------------------------------------------+--------------------+------+
| \(ii\) in the situation where a          |                    |      |
| behavioral intervention plan has been    |                    |      |
| developed, review the behavioral         |                    |      |
| intervention plan if the child already   |                    |      |
| has such a behavioral intervention plan, |                    |      |
| and modify it, as necessary, to address  |                    |      |
| the behavior; and                        |                    |      |
+------------------------------------------+--------------------+------+
| \(iii\) except as provided in            |                    |      |
| subparagraph (G), return the child to    |                    |      |
| the placement from which the child was   |                    |      |
| removed, unless the parent and the local |                    |      |
| educational agency agree to a change of  |                    |      |
| placement as part of the modification of |                    |      |
| the behavioral intervention plan.        |                    |      |
+------------------------------------------+--------------------+------+
| \(G\) SPECIAL CIRCUMSTANCES- School      | Similar to prior   |      |
| personnel may remove a student to an     | (k)(1)(A)(ii),     |      |
| interim alternative educational setting  | permitting school  |      |
| for not more than 45 school days without | personnel to       |      |
| regard to whether the behavior is        | remove a child     |      |
| determined to be a manifestation of the  | with a disability  |      |
| child\'s disability, in cases where a    | to an interim      |      |
| child\--                                 | alternative        |      |
|                                          | educational        |      |
|                                          | setting, without   |      |
|                                          | regard to the      |      |
|                                          | manifestation      |      |
|                                          | determination, for |      |
|                                          | not more than 45   |      |
|                                          | *school* days for  |      |
|                                          | weapons and drugs  |      |
|                                          | offenses or if the |      |
|                                          | child with a       |      |
|                                          | disability *has    |      |
|                                          | inflicted serious  |      |
|                                          | bodily injury upon |      |
|                                          | another person* at |      |
|                                          | school. *Serious   |      |
|                                          | bodily injury* is  |      |
|                                          | defined to mean a  |      |
|                                          | bodily injury that |      |
|                                          | involves a         |      |
|                                          | substantial risk   |      |
|                                          | of death, extreme  |      |
|                                          | physical pain,     |      |
|                                          | protracted and     |      |
|                                          | obvious            |      |
|                                          | disfigurement, or  |      |
|                                          | protracted loss or |      |
|                                          | impairment of the  |      |
|                                          | function of a      |      |
|                                          | bodily member,     |      |
|                                          | organ or mental    |      |
|                                          | faculty.           |      |
+------------------------------------------+--------------------+------+
| \(i\) 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 local         |                    |      |
| educational agency;                      |                    |      |
+------------------------------------------+--------------------+------+
| \(ii\) knowingly possesses or uses       |                    |      |
| illegal drugs, or sells or solicits the  |                    |      |
| sale of a controlled substance, while at |                    |      |
| school, on school premises, or at a      |                    |      |
| school function under the jurisdiction   |                    |      |
| of a State or local educational agency;  |                    |      |
| or                                       |                    |      |
+------------------------------------------+--------------------+------+
| \(iii\) has inflicted serious bodily     |                    |      |
| injury upon another person while at      |                    |      |
| school, on school premises, or at a      |                    |      |
| school function under the jurisdiction   |                    |      |
| of a State or local educational agency.  |                    |      |
+------------------------------------------+--------------------+------+
| \(H\) NOTIFICATION- Not later than the   | New provision.     |      |
| date on which the decision to take       | Similar to current |      |
| disciplinary action is made, the local   | regulations, that  |      |
| educational agency shall notify the      | not later than the |      |
| parents of that decision, and of all     | date of the        |      |
| procedural safeguards accorded under     | decision to take   |      |
| this section.                            | disciplinary       |      |
|                                          | action, the LEA    |      |
|                                          | shall notify the   |      |
|                                          | parents of the     |      |
|                                          | decision and of    |      |
|                                          | the procedural     |      |
|                                          | safeguards         |      |
|                                          | available.         |      |
+------------------------------------------+--------------------+------+
| \(2\) DETERMINATION OF SETTING- The      | Similar to prior   |      |
| interim alternative educational setting  | (k)(3)(A),         |      |
| in subparagraphs (C) and (G) of          | providing that the |      |
| paragraph (1) shall be determined by the | interim            |      |
| IEP Team.                                | alternative        |      |
|                                          | educational        |      |
|                                          | setting, for       |      |
|                                          | removals of more   |      |
|                                          | than 10 school     |      |
|                                          | days for behavior  |      |
|                                          | that is not a      |      |
|                                          | manifestation or   |      |
|                                          | subject to         |      |
|                                          | 45-school-day      |      |
|                                          | removal, is        |      |
|                                          | determined by the  |      |
|                                          | IEP team.          |      |
+------------------------------------------+--------------------+------+
| \(3\) APPEAL-                            | Similar to prior   |      |
|                                          | (k)(2) and (6)     |      |
| \(A\) IN GENERAL- The parent of a child  | that parents who   |      |
| with a disability who disagrees with any | disagree with a    |      |
| decision regarding placement, or the     | discipline         |      |
| manifestation determination under this   | decision regarding |      |
| subsection, or a local educational       | placement or       |      |
| agency that believes that maintaining    | manifestation and  |      |
| the current placement of the child is    | LEAs that believe  |      |
| substantially likely to result in injury | that maintaining   |      |
| to the child or to others, may request a | the current        |      |
| hearing.                                 | placement of a     |      |
|                                          | child is           |      |
|                                          | substantially      |      |
|                                          | likely to result   |      |
|                                          | in injury to the   |      |
|                                          | child or others,   |      |
|                                          | may request a      |      |
|                                          | hearing.           |      |
+------------------------------------------+--------------------+------+
| \(B\) AUTHORITY OF HEARING OFFICER-      | Provides that      |      |
|                                          | hearing officers   |      |
| \(i\) IN GENERAL- A hearing officer      | hear appeals and   |      |
| shall hear, and make a determination     | can order a change |      |
| regarding, an appeal requested under     | in placement,      |      |
| subparagraph (A).                        | return the child   |      |
|                                          | to the placement   |      |
|                                          | from which the     |      |
|                                          | child was removed, |      |
|                                          | or order a change  |      |
|                                          | in placement for   |      |
|                                          | not more than 45   |      |
|                                          | school days if the |      |
|                                          | child is           |      |
|                                          | substantially      |      |
|                                          | likely to injure   |      |
|                                          | self or others in  |      |
|                                          | current placement. |      |
+------------------------------------------+--------------------+------+
| \(ii\) CHANGE OF PLACEMENT ORDER- In     |                    |      |
| making the determination under clause    |                    |      |
| (i), the hearing officer may order a     |                    |      |
| change in placement of a child with a    |                    |      |
| disability. In such situations, the      |                    |      |
| hearing officer may\--                   |                    |      |
+------------------------------------------+--------------------+------+
| \(I\) return a child with a disability   |                    |      |
| to the placement from which the child    |                    |      |
| was removed; or                          |                    |      |
+------------------------------------------+--------------------+------+
| \(II\) order a change in placement of a  |                    |      |
| child with a disability to an            |                    |      |
| appropriate interim alternative          |                    |      |
| educational setting for not more than 45 |                    |      |
| school days if the hearing officer       |                    |      |
| determines that maintaining the current  |                    |      |
| placement of such child is substantially |                    |      |
| likely to result in injury to the child  |                    |      |
| or to others.                            |                    |      |
+------------------------------------------+--------------------+------+
| \(4\) PLACEMENT DURING APPEALS- When an  | Similar to prior   |      |
| appeal under paragraph (3) has been      | (k)(7)(A) that     |      |
| requested by either the parent or the    | during an appeal,  |      |
| local educational agency\--              | the child remains  |      |
|                                          | in the interim     |      |
|                                          | alternative        |      |
|                                          | educational        |      |
|                                          | setting until the  |      |
|                                          | decision of the    |      |
|                                          | hearing officer or |      |
|                                          | expiration of the  |      |
|                                          | period of removal, |      |
|                                          | whichever occurs   |      |
|                                          | first. This        |      |
|                                          | provision also     |      |
|                                          | requires that the  |      |
|                                          | SEA or LEA arrange |      |
|                                          | for an expedited   |      |
|                                          | hearing, which     |      |
|                                          | shall occur within |      |
|                                          | 20 school days of  |      |
|                                          | the request and    |      |
|                                          | result in a        |      |
|                                          | determination      |      |
|                                          | within 10 school   |      |
|                                          | days after the     |      |
|                                          | hearing.           |      |
+------------------------------------------+--------------------+------+
| \(A\) 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)(C), whichever occurs first, unless   |                    |      |
| the parent and the State or local        |                    |      |
| educational agency agree otherwise; and  |                    |      |
+------------------------------------------+--------------------+------+
| \(B\) the State or local educational     | See above.         |      |
| agency shall arrange for an expedited    |                    |      |
| hearing, which shall occur within 20     |                    |      |
| school days of the date the hearing is   |                    |      |
| requested and shall result in a          |                    |      |
| determination within 10 school days      |                    |      |
| after the hearing.                       |                    |      |
+------------------------------------------+--------------------+------+
| \(5\) PROTECTIONS FOR CHILDREN NOT YET   | A revision to      |      |
| ELIGIBLE FOR SPECIAL EDUCATION AND       | prior (k)(8) to    |      |
| RELATED SERVICES-                        | clarify that an    |      |
|                                          | LEA will be deemed |      |
| \(A\) IN GENERAL- A child who has not    | to have a basis of |      |
| been determined to be eligible for       | knowledge that the |      |
| special education and related services   | child might be     |      |
| under this part and who has engaged in   | eligible if (1)    |      |
| behavior that violates a code of student | the parent has     |      |
| conduct, may assert any of the           | expressed concern  |      |
| protections provided for in this part if | *in writing* *to   |      |
| the local educational agency had         | supervisory or     |      |
| knowledge (as determined in accordance   | administrative     |      |
| with this paragraph) that the child was  | personnel* of the  |      |
| a child with a disability before the     | agency *or to a    |      |
| behavior that precipitated the           | teacher of the     |      |
| disciplinary action occurred.            | child* that the    |      |
|                                          | child needs        |      |
|                                          | special education; |      |
|                                          | (2) the parent has |      |
|                                          | requested an       |      |
|                                          | evaluation to      |      |
|                                          | determine          |      |
|                                          | eligibility; or    |      |
|                                          | (3) the teacher or |      |
|                                          | other personnel    |      |
|                                          | had *expressed     |      |
|                                          | specific concerns  |      |
|                                          | about a pattern of |      |
|                                          | behavior           |      |
|                                          | demonstrated by    |      |
|                                          | the child,         |      |
|                                          | directly to the    |      |
|                                          | director of        |      |
|                                          | special education  |      |
|                                          | of the agency or   |      |
|                                          | other supervisory  |      |
|                                          | personnel.*        |      |
+------------------------------------------+--------------------+------+
| \(B\) 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 to          |                    |      |
| supervisory or administrative personnel  |                    |      |
| of the appropriate educational agency,   |                    |      |
| or a teacher of the child, 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 20 U.S.C. 1414(a)(1)(B); or  |                    |      |
+------------------------------------------+--------------------+------+
| \(iii\) the teacher of the child, or     |                    |      |
| other personnel of the local educational |                    |      |
| agency, has expressed specific concerns  |                    |      |
| about a pattern of behavior demonstrated |                    |      |
| by the child, directly to the director   |                    |      |
| of special education of such agency or   |                    |      |
| to other supervisory personnel of the    |                    |      |
| agency.                                  |                    |      |
+------------------------------------------+--------------------+------+
| \(C\) EXCEPTION- A local educational     | Incorporates       |      |
| agency shall not be deemed to have       | current regulatory |      |
| knowledge that the child is a child with | language that an   |      |
| a disability if the parent of the child  | LEA will not be    |      |
| has not allowed an evaluation of the     | deemed to have a   |      |
| child pursuant to 20 U.S.C. 1414 or has  | basis of knowledge |      |
| refused services under this part or the  | if the parent has  |      |
| child has been evaluated and it was      | not allowed an     |      |
| determined that the child was not a      | evaluation or has  |      |
| child with a disability under this part. | refused services   |      |
|                                          | under Part B.      |      |
+------------------------------------------+--------------------+------+
| \(D\) CONDITIONS THAT APPLY IF NO BASIS  | No substantive     |      |
| OF KNOWLEDGE-                            | change.            |      |
|                                          |                    |      |
| \(i\) 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) or (C)) |                    |      |
| 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 | No substantive     |      |
| for an evaluation of a child during the  | change.            |      |
| time period in which the child is        |                    |      |
| subjected to disciplinary measures under |                    |      |
| this subsection, 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      | Same as prior law  |      |
| ENFORCEMENT AND JUDICIAL AUTHORITIES-    | 20 U.S.C.          |      |
|                                          | 1415(k)(9).        |      |
| \(A\) RULE OF CONSTRUCTION- 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.                              |                    |      |
+------------------------------------------+--------------------+------+
| \(B\) TRANSMITTAL 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 the      |                    |      |
| agency reports the crime.                |                    |      |
+------------------------------------------+--------------------+------+
| \(7\) DEFINITIONS- In this subsection:   | Add to prior       |      |
|                                          | (k)(10)            |      |
| \(A\) CONTROLLED SUBSTANCE- The term     | definitions of     |      |
| \`controlled substance\' means a drug or | 'controlled        |      |
| other substance identified under         | substance',        |      |
| schedule I, II, III, IV, or V in section | 'illegal drug' and |      |
| 202(c) of the Controlled Substances Act  | 'weapon', a new    |      |
| (21 U.S.C. 812(c)).                      | definition of      |      |
|                                          | 'serious bodily    |      |
|                                          | injury' that means |      |
|                                          | a bodily injury    |      |
|                                          | that involves a    |      |
|                                          | substantial risk   |      |
|                                          | of death, extreme  |      |
|                                          | physical pain,     |      |
|                                          | protracted and     |      |
|                                          | obvious            |      |
|                                          | disfigurement, or  |      |
|                                          | protracted loss or |      |
|                                          | impairment of the  |      |
|                                          | function of a      |      |
|                                          | bodily member,     |      |
|                                          | organ or mental    |      |
|                                          | faculty.           |      |
+------------------------------------------+--------------------+------+
| \(B\) ILLEGAL DRUG- The term \`illegal   |                    |      |
| drug\' means a controlled substance but  |                    |      |
| does not include a controlled 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.      |                    |      |
+------------------------------------------+--------------------+------+
| \(C\) WEAPON- The term \`weapon\' has    |                    |      |
| the meaning given the term \`dangerous   |                    |      |
| weapon\' under section 930(g)(2) of      |                    |      |
| title 18, United States Code.            |                    |      |
+------------------------------------------+--------------------+------+
| \(D\) SERIOUS BODILY INJURY- The term    |                    |      |
| \`serious bodily injury\' has the        |                    |      |
| meaning given the term \`serious bodily  |                    |      |
| injury\' under paragraph (3) of          |                    |      |
| subsection (h) of section 1365 of title  |                    |      |
| 18, United States Code.                  |                    |      |
+------------------------------------------+--------------------+------+
| \(l\) RULE OF CONSTRUCTION- Nothing in   | No substantive     |      |
| this title shall be construed to         | change.            |      |
| 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 | No substantive     |      |
| OF MAJORITY-                             | change.            |      |
|                                          |                    |      |
| \(1\) 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 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, | No substantive     |      |
| a child with a disability who has        | change.            |      |
| 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.                               |                    |      |
+------------------------------------------+--------------------+------+
| \(n\) ELECTRONIC MAIL- A parent of a     | New provision.     |      |
| child with a disability may elect to     | Parents can elect  |      |
| receive notices required under this      | to receive notices |      |
| section by an electronic mail (e-mail)   | required by 20     |      |
| communication, if the agency makes such  | U.S.C. 1415        |      |
| option available.                        | through email, if  |      |
|                                          | the agency makes   |      |
|                                          | such option        |      |
|                                          | available.         |      |
+------------------------------------------+--------------------+------+
| \(o\) SEPARATE COMPLAINT- Nothing in     | New provision.     |      |
| this section shall be construed to       | Clarifies that     |      |
| preclude a parent from filing a separate | nothing in 20      |      |
| due process complaint on an issue        | U.S.C. 1415        |      |
| separate from a due process complaint    | prevents a parent  |      |
| already filed.                           | from filing a      |      |
|                                          | separate due       |      |
|                                          | process complaint  |      |
|                                          | on an issue        |      |
|                                          | separate from a    |      |
|                                          | due process        |      |
|                                          | complaint already  |      |
|                                          | filed.             |      |
+------------------------------------------+--------------------+------+
| 20 U.S.C. 1417. ADMINISTRATION.          |                    |      |
+------------------------------------------+--------------------+------+
| \(c\) CONFIDENTIALITY- The Secretary     | No substantive     |      |
| shall take appropriate action, in        | change.            |      |
| accordance with section 444 of the       |                    |      |
| General Education Provisions Act, to     |                    |      |
| ensure the protection of the             |                    |      |
| confidentiality of any personally        |                    |      |
| identifiable data, information, and      |                    |      |
| records collected or maintained by the   |                    |      |
| Secretary and by State educational       |                    |      |
| agencies and local educational agencies  |                    |      |
| pursuant to this part.                   |                    |      |
+------------------------------------------+--------------------+------+
| 20 U.S.C. 1418. PROGRAM INFORMATION.     |                    |      |
+------------------------------------------+--------------------+------+
| \(d\) DISPROPORTIONALITY-                | Adds to prior 20   |      |
|                                          | U.S.C. 1418(c) a   |      |
| \(1\) IN GENERAL- Each State that        | requirement that   |      |
| receives assistance under this part, and | States examine     |      |
| the Secretary of the Interior, shall     | data at both the   |      |
| provide for the collection and           | State and LEA      |      |
| examination of data to determine if      | levels \[prior law |      |
| significant disproportionality based on  | just said 'in the  |      |
| race and ethnicity is occurring in the   | State' and did not |      |
| State and the local educational agencies | require            |      |
| of the State with respect to\--          | examination of LEA |      |
|                                          | data\] and         |      |
|                                          | determine whether  |      |
|                                          | disproportionality |      |
|                                          | on the basis of    |      |
|                                          | race and ethnicity |      |
|                                          | is occurring in    |      |
|                                          | the incidence,     |      |
|                                          | duration and type  |      |
|                                          | of disciplinary    |      |
|                                          | actions, in        |      |
|                                          | addition to        |      |
|                                          | identification and |      |
|                                          | placement as       |      |
|                                          | children with      |      |
|                                          | disabilities.      |      |
+------------------------------------------+--------------------+------+
| \(A\) 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 20 U.S.C. 1401(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,   | Adds to the prior  |      |
| PRACTICES, AND PROCEDURES- In the case   | law, requirements  |      |
| of a determination of significant        | regarding review   |      |
| disproportionality with respect to the   | of policies and    |      |
| identification of children as children   | procedures when    |      |
| with disabilities, or the placement in   | significant        |      |
| particular educational settings of such  | disproportionality |      |
| children, in accordance with paragraph   | is identified. An  |      |
| (1), the State or the Secretary of the   | LEA identified as  |      |
| Interior, as the case may be, shall\--   | significantly      |      |
|                                          | disproportionate   |      |
|                                          | must reserve the   |      |
|                                          | maximum amount of  |      |
|                                          | funds under 20     |      |
|                                          | U.S.C. 1413(f) to  |      |
|                                          | provide            |      |
|                                          | coordinated early  |      |
|                                          | intervening        |      |
|                                          | services to        |      |
|                                          | children in the    |      |
|                                          | LEA, particularly  |      |
|                                          | from the group     |      |
|                                          | overidentified,    |      |
|                                          | and that the LEA   |      |
|                                          | report publicly on |      |
|                                          | the revision of    |      |
|                                          | policies,          |      |
|                                          | practices and      |      |
|                                          | procedures.        |      |
+------------------------------------------+--------------------+------+
| \(A\) 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 title;                           |                    |      |
+------------------------------------------+--------------------+------+
| \(B\) require any local educational      |                    |      |
| agency identified under paragraph (1) to |                    |      |
| reserve the maximum amount of funds      |                    |      |
| under 20 U.S.C. 1413(f) to provide       |                    |      |
| comprehensive coordinated early          |                    |      |
| intervening services to serve children   |                    |      |
| in the local educational agency,         |                    |      |
| particularly children in those groups    |                    |      |
| that were significantly overidentified   |                    |      |
| under paragraph (1); and                 |                    |      |
+------------------------------------------+--------------------+------+
| \(C\) require the local educational      |                    |      |
| agency to publicly report on the         |                    |      |
| revision of policies, practices, and     |                    |      |
| procedures described under subparagraph  |                    |      |
| (A).                                     |                    |      |
+------------------------------------------+--------------------+------+

[^1]: This checklist is provided to assist States in the completion of
    OMB Information Collection 1820-0030. Use of the checklist is
    optional.