+------------------------------------------+--------------------+------+
| #### V. Optional Te                      |                    |      |
| chnical Assistance Checklist[^1] -- Appl |                    |      |
| ication 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. 1432. DEFINITIONS.             |                    |      |
+------------------------------------------+--------------------+------+
| In this part:                            | See revised        |      |
|                                          | definition for 20  |      |
| \(1\) AT-RISK INFANT OR TODDLER- The     | U.S.C. 1432(3)     |      |
| term \`at-risk infant or toddler\' means | under revised 20   |      |
| an individual under 3 years of age who   | U.S.C. 1435(a)(1). |      |
| would be at risk of experiencing a       |                    |      |
| substantial developmental delay if early |                    |      |
| intervention services were not provided  |                    |      |
| to the individual.                       |                    |      |
+------------------------------------------+--------------------+------+
| \(2\) COUNCIL- The term \`council\'      |                    |      |
| means a State interagency coordinating   |                    |      |
| council established under 20 U.S.C.      |                    |      |
| 1441.                                    |                    |      |
+------------------------------------------+--------------------+------+
| \(3\) DEVELOPMENTAL DELAY- The term      |                    |      |
| \`developmental delay\', when used with  |                    |      |
| respect to an individual residing in a   |                    |      |
| State, has the meaning given such term   |                    |      |
| by the State under 20 U.S.C. 1435(a)(1). |                    |      |
+------------------------------------------+--------------------+------+
| \(4\) EARLY INTERVENTION SERVICES- The   | No substantive     |      |
| term \`early intervention services\'     | change.            |      |
| means developmental services that\--     |                    |      |
|                                          |                    |      |
| \(A\) are provided under public          |                    |      |
| supervision;                             |                    |      |
+------------------------------------------+--------------------+------+
| \(B\) are provided at no cost except     |                    |      |
| where Federal or State law provides for  |                    |      |
| a system of payments by families,        |                    |      |
| including a schedule of sliding fees;    |                    |      |
+------------------------------------------+--------------------+------+
| \(C\) are designed to meet the           |                    |      |
| developmental needs of an infant or      |                    |      |
| toddler with a disability, as identified |                    |      |
| by the individualized family service     |                    |      |
| plan team, in any 1 or more of the       |                    |      |
| following areas:                         |                    |      |
+------------------------------------------+--------------------+------+
| \(i\) physical development;              |                    |      |
+------------------------------------------+--------------------+------+
| \(ii\) cognitive development;            |                    |      |
+------------------------------------------+--------------------+------+
| \(iii\) communication development;       |                    |      |
+------------------------------------------+--------------------+------+
| \(iv\) social or emotional development;  |                    |      |
| or                                       |                    |      |
+------------------------------------------+--------------------+------+
| \(v\) adaptive development;              |                    |      |
+------------------------------------------+--------------------+------+
| \(D\) meet the standards of the State in |                    |      |
| which the services are provided,         |                    |      |
| including the requirements of this part; |                    |      |
+------------------------------------------+--------------------+------+
| \(E\) Include\--                         | No substantive     |      |
|                                          | change.            |      |
| \(i\) family training, counseling, and   |                    |      |
| home visits;                             |                    |      |
+------------------------------------------+--------------------+------+
| \(ii\) special instruction;              |                    |      |
+------------------------------------------+--------------------+------+
| \(iii\) speech-language pathology and    | No substantive     |      |
| audiology services, and sign language    | change.            |      |
| and cued language services;              |                    |      |
+------------------------------------------+--------------------+------+
| \(iv\) occupational therapy;             | No substantive     |      |
|                                          | change.            |      |
+------------------------------------------+--------------------+------+
| \(v\) physical therapy;                  |                    |      |
+------------------------------------------+--------------------+------+
| \(vi\) psychological services;           |                    |      |
+------------------------------------------+--------------------+------+
| \(vii\) service coordination services;   |                    |      |
+------------------------------------------+--------------------+------+
| \(viii\) medical services only for       |                    |      |
| diagnostic or evaluation purposes;       |                    |      |
+------------------------------------------+--------------------+------+
| \(ix\) early identification, screening,  |                    |      |
| and assessment services;                 |                    |      |
+------------------------------------------+--------------------+------+
| \(x\) health services necessary to       |                    |      |
| enable the infant or toddler to benefit  |                    |      |
| from the other early intervention        |                    |      |
| services;                                |                    |      |
+------------------------------------------+--------------------+------+
| \(xi\) social work services;             |                    |      |
+------------------------------------------+--------------------+------+
| \(xii\) vision services;                 | Adds vision        |      |
|                                          | services.          |      |
+------------------------------------------+--------------------+------+
| \(xiii\) assistive technology devices    | No substantive     |      |
| and assistive technology services; and   | change.            |      |
+------------------------------------------+--------------------+------+
| \(xiv\) transportation and related costs |                    |      |
| that are necessary to enable an infant   |                    |      |
| or toddler and the infant\'s or          |                    |      |
| toddler\'s family to receive another     |                    |      |
| service described in this paragraph;     |                    |      |
+------------------------------------------+--------------------+------+
| \(F\) are provided by qualified          | Replaces (viii)    |      |
| personnel, including\--                  | nutritionists with |      |
|                                          | *(viii) registered |      |
| \(i\) special educators;                 | dieticians*.       |      |
|                                          |                    |      |
| \(ii\) speech-language pathologists and  | Adds *(x) vision   |      |
| audiologists;                            | specialists,       |      |
|                                          | including          |      |
| \(iii\) occupational therapists;         | ophthalmologists   |      |
|                                          | and optometrists*  |      |
| \(iv\) physical therapists;              | and renumbers the  |      |
|                                          | professions that   |      |
| \(v\) psychologists;                     | follow.            |      |
|                                          |                    |      |
| \(vi\) social workers;                   |                    |      |
|                                          |                    |      |
| \(vii\) nurses;                          |                    |      |
|                                          |                    |      |
| \(viii\) registered dietitians;          |                    |      |
|                                          |                    |      |
| \(ix\) family therapists;                |                    |      |
|                                          |                    |      |
| \(x\) vision specialists, including      |                    |      |
| ophthalmologists and optometrists;       |                    |      |
|                                          |                    |      |
| \(xi\) orientation and mobility          |                    |      |
| specialists; and                         |                    |      |
|                                          |                    |      |
| \(xii\) pediatricians and other          |                    |      |
| physicians;                              |                    |      |
+------------------------------------------+--------------------+------+
| \(G\) to the maximum extent appropriate, | No substantive     |      |
| are provided in natural environments,    | change.            |      |
| including the home, and community        |                    |      |
| settings in which children without       |                    |      |
| disabilities participate; and            |                    |      |
+------------------------------------------+--------------------+------+
| \(H\) are provided in conformity with an |                    |      |
| individualized family service plan       |                    |      |
| adopted in accordance with 20 U.S.C.     |                    |      |
| 1436.                                    |                    |      |
+------------------------------------------+--------------------+------+
| \(5\) INFANT OR TODDLER WITH A           | No substantive     |      |
| DISABILITY- The term \`infant or toddler | change.            |      |
| with a disability\'\--                   |                    |      |
|                                          |                    |      |
| \(A\) means an individual under 3 years  |                    |      |
| of age who needs early intervention      |                    |      |
| services because the individual\--       |                    |      |
+------------------------------------------+--------------------+------+
| \(i\) is experiencing developmental      |                    |      |
| delays, as measured by appropriate       |                    |      |
| diagnostic instruments and procedures in |                    |      |
| 1 or more of the areas of cognitive      |                    |      |
| development, physical development,       |                    |      |
| communication development, social or     |                    |      |
| emotional development, and adaptive      |                    |      |
| development; or                          |                    |      |
+------------------------------------------+--------------------+------+
| \(ii\) has a diagnosed physical or       |                    |      |
| mental condition that has a high         |                    |      |
| probability of resulting in              |                    |      |
| developmental delay; and                 |                    |      |
+------------------------------------------+--------------------+------+
| \(B\) may also include, at a State\'s    | Adds State's       |      |
| discretion\--                            | discretion to      |      |
|                                          | include in its     |      |
| \(i\) at-risk infants and toddlers; and  | definition of      |      |
|                                          | 'infant or toddler |      |
|                                          | with a disability' |      |
|                                          | children with      |      |
|                                          | disabilities who   |      |
|                                          | are eligible for   |      |
|                                          | services under 20  |      |
|                                          | U.S.C. 1419 and    |      |
|                                          | who previously     |      |
|                                          | received services  |      |
|                                          | under Part C until |      |
|                                          | such children      |      |
|                                          | enter, or are      |      |
|                                          | eligible under     |      |
|                                          | State law to       |      |
|                                          | enter,             |      |
|                                          | kindergarten or    |      |
|                                          | elementary school, |      |
|                                          | as appropriate,    |      |
|                                          | provided that any  |      |
|                                          | programs under     |      |
|                                          | serving such       |      |
|                                          | children include:  |      |
|                                          | (a) an educational |      |
|                                          | component that     |      |
|                                          | promotes school    |      |
|                                          | readiness and      |      |
|                                          | incorporates       |      |
|                                          | pre-literacy,      |      |
|                                          | language, and      |      |
|                                          | numeracy skills;   |      |
|                                          | and (b) a written  |      |
|                                          | notification to    |      |
|                                          | parents of their   |      |
|                                          | rights and         |      |
|                                          | responsibilities   |      |
|                                          | in determining     |      |
|                                          | whether their      |      |
|                                          | child will         |      |
|                                          | continue to        |      |
|                                          | receive services   |      |
|                                          | under Part C or    |      |
|                                          | participate in     |      |
|                                          | preschool programs |      |
|                                          | under 20 U.S.C.    |      |
|                                          | 1419.              |      |
+------------------------------------------+--------------------+------+
| \(ii\) children with disabilities who    |                    |      |
| are eligible for services under 20       |                    |      |
| U.S.C. 1419 and who previously received  |                    |      |
| services under this part until such      |                    |      |
| children enter, or are eligible under    |                    |      |
| State law to enter, kindergarten or      |                    |      |
| elementary school, as appropriate,       |                    |      |
| provided that any programs under this    |                    |      |
| part serving such children shall         |                    |      |
| include\--                               |                    |      |
+------------------------------------------+--------------------+------+
| \(I\) an educational component that      |                    |      |
| promotes school readiness and            |                    |      |
| incorporates pre-literacy, language, and |                    |      |
| numeracy skills; and                     |                    |      |
+------------------------------------------+--------------------+------+
| \(II\) a written notification to parents |                    |      |
| of their rights and responsibilities in  |                    |      |
| determining whether their child will     |                    |      |
| continue to receive services under this  |                    |      |
| part or participate in preschool         |                    |      |
| programs under 20 U.S.C. 1419.           |                    |      |
+------------------------------------------+--------------------+------+
| 20 U.S.C. 1433. GENERAL AUTHORITY.       |                    |      |
+------------------------------------------+--------------------+------+
| The Secretary shall, in accordance with  | No substantive     |      |
| this part, make grants to States (from   | change.            |      |
| their allotments under 20 U.S.C. 1443)   |                    |      |
| to assist each State to maintain and     |                    |      |
| implement a statewide, comprehensive,    |                    |      |
| coordinated, multidisciplinary,          |                    |      |
| interagency system to provide early      |                    |      |
| intervention services for infants and    |                    |      |
| toddlers with disabilities and their     |                    |      |
| families.                                |                    |      |
+------------------------------------------+--------------------+------+
| 20 U.S.C. 1434. ELIGIBILITY.             |                    |      |
+------------------------------------------+--------------------+------+
| In order to be eligible for a grant      | Replaces prior law |      |
| under 20 U.S.C. 1433, a State shall      | "shall demonstrate |      |
| provide assurances to the Secretary that | to the Secretary"  |      |
| the State\--                             | with *shall        |      |
|                                          | provide assurances |      |
| \(1\) has adopted a policy that          | to the Secretary*. |      |
| appropriate early intervention services  |                    |      |
| are available to all infants and         | Adds (under the    |      |
| toddlers with disabilities in the State  | list of infants    |      |
| and their families, including Indian     | and toddlers with  |      |
| infants and toddlers with disabilities   | disabilities to    |      |
| and their families residing on a         | whom early         |      |
| reservation geographically located in    | intervention       |      |
| the State, infants and toddlers with     | services must be   |      |
| disabilities who are homeless children   | made available:    |      |
| and their families, and infants and      | *infants and       |      |
| toddlers with disabilities who are wards | toddlers with      |      |
| of the State; and                        | disabilities who   |      |
|                                          | are homeless       |      |
|                                          | children and their |      |
|                                          | families, and      |      |
|                                          | infants and        |      |
|                                          | toddlers with      |      |
|                                          | disabilities who   |      |
|                                          | are wards of the   |      |
|                                          | State*.            |      |
+------------------------------------------+--------------------+------+
| \(2\) has in effect a statewide system   | No substantive     |      |
| that meets the requirements of 20 U.S.C. | change.            |      |
| 1435.                                    |                    |      |
+------------------------------------------+--------------------+------+
| 20 U.S.C. 1435. REQUIREMENTS FOR         |                    |      |
| STATEWIDE SYSTEM.                        |                    |      |
+------------------------------------------+--------------------+------+
| \(a\) IN GENERAL- A statewide system     | Adds *rigorous* to |      |
| described in 20 U.S.C. 1433 shall        | the definition of  |      |
| include, at a minimum, the following     | the term           |      |
| components:                              | 'developmental     |      |
|                                          | delay' that will   |      |
| \(1\) A rigorous definition of the term  | be used by the     |      |
| \`developmental delay\' that will be     | State.             |      |
| used by the State in carrying out        |                    |      |
| programs under this part in order to     | Adds *in order to  |      |
| appropriately identify infants and       | appropriately      |      |
| toddlers with disabilities that are in   | identify infants   |      |
| need of services under this part.        | and toddlers with  |      |
|                                          | disabilities that  |      |
|                                          | are in need of     |      |
|                                          | services under     |      |
|                                          | this part* (Part   |      |
|                                          | C).                |      |
+------------------------------------------+--------------------+------+
| \(2\) A State policy that is in effect   | Adds A State       |      |
| and that ensures that appropriate early  | policy that is in  |      |
| intervention services based on           | effect and that    |      |
| scientifically based research, to the    | ensures that       |      |
| extent practicable, are available to all | appropriate early  |      |
| infants and toddlers with disabilities   | intervention       |      |
| and their families, including Indian     | services based on  |      |
| infants and toddlers with disabilities   | sc                 |      |
| and their families residing on a         | ientifically-based |      |
| reservation geographically located in    | research, to the   |      |
| the State and infants and toddlers with  | extent practicable |      |
| disabilities who are homeless children   | are available to   |      |
| and their families.                      | infants and        |      |
|                                          | toddlers with      |      |
|                                          | disabilities,      |      |
|                                          | including the      |      |
|                                          | additional group,  |      |
|                                          | infants and        |      |
|                                          | toddlers with      |      |
|                                          | disabilities who   |      |
|                                          | are homeless       |      |
|                                          | children and their |      |
|                                          | families.          |      |
+------------------------------------------+--------------------+------+
| \(3\) A timely, comprehensive,           | No substantive     |      |
| multidisciplinary evaluation of the      | change.            |      |
| functioning of each infant or toddler    |                    |      |
| with a disability in the State, and a    |                    |      |
| family-directed identification of the    |                    |      |
| needs of each family of such an infant   |                    |      |
| or toddler, to assist appropriately in   |                    |      |
| the development of the infant or         |                    |      |
| toddler.                                 |                    |      |
+------------------------------------------+--------------------+------+
| \(4\) For each infant or toddler with a  |                    |      |
| disability in the State, an              |                    |      |
| individualized family service plan in    |                    |      |
| accordance with 20 U.S.C. 1436,          |                    |      |
| including service coordination services  |                    |      |
| in accordance with such service plan.    |                    |      |
+------------------------------------------+--------------------+------+
| \(5\) A comprehensive child find system, |                    |      |
| consistent with part B, including a      |                    |      |
| system for making referrals to service   |                    |      |
| providers that includes timelines and    |                    |      |
| provides for participation by primary    |                    |      |
| referral sources and that ensures        |                    |      |
| rigorous standards for appropriately     |                    |      |
| identifying infants and toddlers with    |                    |      |
| disabilities for services under this     |                    |      |
| part that will reduce the need for       |                    |      |
| future services.                         |                    |      |
+------------------------------------------+--------------------+------+
| \(6\) A public awareness program         | Adds under the     |      |
| focusing on early identification of      | public awareness   |      |
| infants and toddlers with disabilities,  | program especially |      |
| including the preparation and            | to inform parents  |      |
| dissemination by the lead agency         | with premature     |      |
| designated or established under          | infants, or        |      |
| paragraph (10) to all primary referral   | infants with other |      |
| sources, especially hospitals and        | physical risk      |      |
| physicians, of information to be given   | factors associated |      |
| to parents, especially to inform parents | with learning or   |      |
| with premature infants, or infants with  | developmental      |      |
| other physical risk factors associated   | complications on   |      |
| with learning or developmental           | the availability   |      |
| complications, on the availability of    | of services under  |      |
| early intervention services under this   | Part C and of      |      |
| part and of services under 20 U.S.C.     | services under 20  |      |
| 1419, and procedures for assisting such  | U.S.C. 1419.       |      |
| sources in disseminating such            | Substitutes prior  |      |
| information to parents of infants and    | language with      |      |
| toddlers with disabilities.              | assisting such     |      |
|                                          | sources in         |      |
|                                          | disseminating such |      |
|                                          | information.       |      |
+------------------------------------------+--------------------+------+
| \(7\) A central directory that includes  | No substantive     |      |
| information on early intervention        | change.            |      |
| services, resources, and experts         |                    |      |
| available in the State and research and  |                    |      |
| demonstration projects being conducted   |                    |      |
| in the State.                            |                    |      |
+------------------------------------------+--------------------+------+
| \(8\) A comprehensive system of          | Mandates ('shall'  |      |
| personnel development, including the     | instead of 'may')  |      |
| training of paraprofessionals and the    | activities under   |      |
| training of primary referral sources     | 8(A) and leaves    |      |
| with respect to the basic components of  | optional 8(B).     |      |
| early intervention services available in |                    |      |
| the State that\--                        | Clarifies          |      |
|                                          | requirements in    |      |
|                                          | (iii) regarding    |      |
|                                          | training for       |      |
|                                          | personnel to       |      |
|                                          | coordinate         |      |
|                                          | transition for     |      |
|                                          | children exiting   |      |
|                                          | Part C.            |      |
+------------------------------------------+--------------------+------+
| \(A\) shall include\--                   | See above.         |      |
|                                          |                    |      |
| \(i\) implementing innovative strategies |                    |      |
| and activities for the recruitment and   |                    |      |
| retention of early education service     |                    |      |
| providers;                               |                    |      |
|                                          |                    |      |
| \(ii\) promoting the preparation of      |                    |      |
| early intervention providers who are     |                    |      |
| fully and appropriately qualified to     |                    |      |
| provide early intervention services      |                    |      |
| under this part; and                     |                    |      |
|                                          |                    |      |
| \(iii\) training personnel to coordinate |                    |      |
| transition services for infants and      |                    |      |
| toddlers served under this part from a   |                    |      |
| program providing early intervention     |                    |      |
| services under this part and under part  |                    |      |
| B (other than 20 U.S.C. 1419), to a      |                    |      |
| preschool program receiving funds under  |                    |      |
| 20 U.S.C. 1419, or another appropriate   |                    |      |
| program; and                             |                    |      |
+------------------------------------------+--------------------+------+
| \(B\) may include\--                     | Permits, in (ii),  |      |
|                                          | training personnel |      |
| \(i\) training personnel to work in      | in the emotional   |      |
| rural and inner-city areas; and          | and social         |      |
|                                          | development of     |      |
| \(ii\) training personnel in the         | young children.    |      |
| emotional and social development of      |                    |      |
| young children.                          |                    |      |
+------------------------------------------+--------------------+------+
| \(9\) Policies and procedures relating   | Deletes paragraph  |      |
| to the establishment and maintenance of  | (B) from prior law |      |
| qualifications to ensure that personnel  | and prior          |      |
| necessary to carry out this part are     | references to Part |      |
| appropriately and adequately prepared    | B CSPD. Maintains  |      |
| and trained, including the establishment | the State standard |      |
| and maintenance of qualifications that   | requirement.       |      |
| are consistent with any State-approved   |                    |      |
| or recognized certification, licensing,  |                    |      |
| registration, or other comparable        |                    |      |
| requirements that apply to the area in   |                    |      |
| which such personnel are providing early |                    |      |
| intervention services, except that       |                    |      |
| nothing in this part (including this     |                    |      |
| paragraph) shall be construed to         |                    |      |
| prohibit the use of paraprofessionals    |                    |      |
| and assistants who are appropriately     |                    |      |
| trained and supervised in accordance     |                    |      |
| with State law, regulation, or written   |                    |      |
| policy, to assist in the provision of    |                    |      |
| early intervention services under this   |                    |      |
| part to infants and toddlers with        |                    |      |
| disabilities.                            |                    |      |
+------------------------------------------+--------------------+------+
| \(10\) A single line of responsibility   | No substantive     |      |
| in a lead agency designated or           | change.            |      |
| established by the Governor for carrying |                    |      |
| out\--                                   |                    |      |
+------------------------------------------+--------------------+------+
| \(A\) the general administration and     |                    |      |
| supervision of programs and activities   |                    |      |
| receiving assistance under 20 U.S.C.     |                    |      |
| 1433, and the monitoring of programs and |                    |      |
| activities used by the State to carry    |                    |      |
| out this part, whether or not such       |                    |      |
| programs or activities are receiving     |                    |      |
| assistance made available under 20       |                    |      |
| U.S.C. 1433, to ensure that the State    |                    |      |
| complies with this part;                 |                    |      |
+------------------------------------------+--------------------+------+
| \(B\) the identification and             | No substantive     |      |
| coordination of all available resources  | change.            |      |
| within the State from Federal, State,    |                    |      |
| local, and private sources;              |                    |      |
+------------------------------------------+--------------------+------+
| \(C\) the assignment of financial        |                    |      |
| responsibility in accordance with 20     |                    |      |
| U.S.C. 1437(a)(2) to the appropriate     |                    |      |
| agencies;                                |                    |      |
+------------------------------------------+--------------------+------+
| \(D\) the development of procedures to   |                    |      |
| ensure that services are provided to     |                    |      |
| infants and toddlers with disabilities   |                    |      |
| and their families under this part in a  |                    |      |
| timely manner pending the resolution of  |                    |      |
| any disputes among public agencies or    |                    |      |
| service providers;                       |                    |      |
+------------------------------------------+--------------------+------+
| \(E\) the resolution of intra- and       |                    |      |
| interagency disputes; and                |                    |      |
+------------------------------------------+--------------------+------+
| \(F\) the entry into formal interagency  |                    |      |
| agreements that define the financial     |                    |      |
| responsibility of each agency for paying |                    |      |
| for early intervention services          |                    |      |
| (consistent with State law) and          |                    |      |
| procedures for resolving disputes and    |                    |      |
| that include all additional components   |                    |      |
| necessary to ensure meaningful           |                    |      |
| cooperation and coordination.            |                    |      |
+------------------------------------------+--------------------+------+
| \(11\) A policy pertaining to the        | No substantive     |      |
| contracting or making of other           | change.            |      |
| arrangements with service providers to   |                    |      |
| provide early intervention services in   |                    |      |
| the State, consistent with the           |                    |      |
| provisions of this part, including the   |                    |      |
| contents of the application used and the |                    |      |
| conditions of the contract or other      |                    |      |
| arrangements.                            |                    |      |
+------------------------------------------+--------------------+------+
| \(12\) A procedure for securing timely   | No substantive     |      |
| reimbursements of funds used under this  | change.            |      |
| part in accordance with 20 U.S.C.        |                    |      |
| 1440(a).                                 |                    |      |
+------------------------------------------+--------------------+------+
| \(13\) Procedural safeguards with        | No substantive     |      |
| respect to programs under this part, as  | change.            |      |
| required by 20 U.S.C. 1439.              |                    |      |
+------------------------------------------+--------------------+------+
| \(14\) A system for compiling data       | No substantive     |      |
| requested by the Secretary under 20      | change.            |      |
| U.S.C. 1418 that relates to this part.   |                    |      |
+------------------------------------------+--------------------+------+
| \(15\) A State interagency coordinating  | No substantive     |      |
| council that meets the requirements of   | change.            |      |
| 20 U.S.C. 1441.                          |                    |      |
+------------------------------------------+--------------------+------+
| \(16\) Policies and procedures to ensure | Adds, to the       |      |
| that, consistent with 20 U.S.C.          | provision of early |      |
| 1436(d)(5)\--                            | intervention       |      |
|                                          | services in a      |      |
| \(A\) to the maximum extent appropriate, | setting other than |      |
| early intervention services are provided | a natural,         |      |
| in natural environments; and             | environment *that  |      |
|                                          | is most            |      |
|                                          | appropriate, as    |      |
|                                          | determined by the  |      |
|                                          | parent and the     |      |
|                                          | individualized     |      |
|                                          | family service     |      |
|                                          | plan team* only    |      |
|                                          | when early         |      |
|                                          | intervention       |      |
|                                          | cannot be achieved |      |
|                                          | satisfactorily for |      |
|                                          | the infant or      |      |
|                                          | toddler in a       |      |
|                                          | natural            |      |
|                                          | environment.       |      |
+------------------------------------------+--------------------+------+
| \(B\) the provision of early             |                    |      |
| intervention services for any infant or  |                    |      |
| toddler with a disability occurs in a    |                    |      |
| setting other than a natural environment |                    |      |
| that is most appropriate, as determined  |                    |      |
| by the parent and the individualized     |                    |      |
| family service plan team, only when      |                    |      |
| early intervention cannot be achieved    |                    |      |
| satisfactorily for the infant or toddler |                    |      |
| in a natural environment.                |                    |      |
+------------------------------------------+--------------------+------+
| \(b\) POLICY- In implementing subsection | No substantive     |      |
| (a)(9), a State may adopt a policy that  | change.            |      |
| includes making ongoing good-faith       |                    |      |
| efforts to recruit and hire              |                    |      |
| appropriately and adequately trained     |                    |      |
| personnel to provide early intervention  |                    |      |
| services to infants and toddlers with    |                    |      |
| disabilities, including, in a geographic |                    |      |
| area of the State where there is a       |                    |      |
| shortage of such personnel, the most     |                    |      |
| qualified individuals available who are  |                    |      |
| making satisfactory progress toward      |                    |      |
| completing applicable course work        |                    |      |
| necessary to meet the standards          |                    |      |
| described in subsection (a)(9).          |                    |      |
+------------------------------------------+--------------------+------+
| \(c\) Flexibility To Serve Children 3    | New provision.     |      |
| Years of Age Until Entrance Into         | Parents may        |      |
| Elementary School-                       | choose, when their |      |
|                                          | child exits Part C |      |
| \(1\) IN GENERAL- A statewide system     | and has been       |      |
| described in 20 U.S.C. 1433 may include  | determined         |      |
| a State policy, developed and            | eligible for       |      |
| implemented jointly by the lead agency   | services under 20  |      |
| and the State educational agency, under  | U.S.C. 1419, to    |      |
| which parents of children with           | continue to have   |      |
| disabilities who are eligible for        | the child receive  |      |
| services under 20 U.S.C. 1419 and        | early intervention |      |
| previously received services under this  | services, provided |      |
| part, may choose the continuation of     | those services     |      |
| early intervention services (which shall | include an         |      |
| include an educational component that    | educational        |      |
| promotes school readiness and            | component that     |      |
| incorporates preliteracy, language, and  | promotes school    |      |
| numeracy skills) for such children under | readiness and      |      |
| this part until such children enter, or  | incorporates       |      |
| are eligible under State law to enter,   | pre-literacy,      |      |
| kindergarten.                            | language and       |      |
|                                          | numeracy skills    |      |
|                                          | until the child    |      |
|                                          | enters, or is      |      |
|                                          | eligible to enter, |      |
|                                          | kindergarten.      |      |
+------------------------------------------+--------------------+------+
| \(2\) REQUIREMENTS- If a statewide       | New provision. If  |      |
| system includes a State policy described | the State elects   |      |
| in paragraph (1), the statewide system   | to include the     |      |
| shall ensure that\--                     | policy described   |      |
|                                          | immediately above, |      |
|                                          | the State-wide     |      |
|                                          | system must ensure |      |
|                                          | that annual notice |      |
|                                          | is provided to     |      |
|                                          | parents that       |      |
|                                          | includes the       |      |
|                                          | parents' rights    |      |
|                                          | based on their     |      |
|                                          | choice, an         |      |
|                                          | explanation of the |      |
|                                          | differences        |      |
|                                          | between services   |      |
|                                          | under Part C and   |      |
|                                          | Part B, the types  |      |
|                                          | and locations of   |      |
|                                          | services,          |      |
|                                          | applicable         |      |
|                                          | procedural         |      |
|                                          | safeguards and any |      |
|                                          | possible fees or   |      |
|                                          | costs as described |      |
|                                          | in 20 U.S.C.       |      |
|                                          | 1432(4)(B).        |      |
|                                          | Imposes new        |      |
|                                          | reporting          |      |
|                                          | requirements for   |      |
|                                          | children eligible  |      |
|                                          | for services under |      |
|                                          | 20 U.S.C. 1419 but |      |
|                                          | who continue to    |      |
|                                          | receive services   |      |
|                                          | under Part C after |      |
|                                          | age 3.             |      |
+------------------------------------------+--------------------+------+
| \(A\) parents of children with           |                    |      |
| disabilities served pursuant to this     |                    |      |
| subsection are provided annual notice    |                    |      |
| that contains\--                         |                    |      |
+------------------------------------------+--------------------+------+
| \(i\) a description of the rights of     |                    |      |
| such parents to elect to receive         |                    |      |
| services pursuant to this subsection or  |                    |      |
| under part B; and                        |                    |      |
+------------------------------------------+--------------------+------+
| \(ii\) an explanation of the differences |                    |      |
| between services provided pursuant to    |                    |      |
| this subsection and services provided    |                    |      |
| under part B, including\--               |                    |      |
+------------------------------------------+--------------------+------+
| \(I\) types of services and the          |                    |      |
| locations at which the services are      |                    |      |
| provided;                                |                    |      |
+------------------------------------------+--------------------+------+
| \(II\) applicable procedural safeguards; | See above.         |      |
| and                                      |                    |      |
+------------------------------------------+--------------------+------+
| \(III\) possible costs (including any    |                    |      |
| fees to be charged to families as        |                    |      |
| described in 20 U.S.C. 1432(4)(B)), if   |                    |      |
| any, to parents of infants or toddlers   |                    |      |
| with disabilities;                       |                    |      |
+------------------------------------------+--------------------+------+
| \(B\) services provided pursuant to this |                    |      |
| subsection include an educational        |                    |      |
| component that promotes school readiness |                    |      |
| and incorporates preliteracy, language,  |                    |      |
| and numeracy skills;                     |                    |      |
+------------------------------------------+--------------------+------+
| \(C\) the State policy will not affect   |                    |      |
| the right of any child served pursuant   |                    |      |
| to this subsection to instead receive a  |                    |      |
| free appropriate public education under  |                    |      |
| part B;                                  |                    |      |
+------------------------------------------+--------------------+------+
| \(D\) all early intervention services    |                    |      |
| outlined in the child\'s individualized  |                    |      |
| family service plan under 20 U.S.C. 1436 |                    |      |
| are continued while any eligibility      |                    |      |
| determination is being made for services |                    |      |
| under this subsection;                   |                    |      |
+------------------------------------------+--------------------+------+
| \(E\) the parents of infants or toddlers |                    |      |
| with disabilities (as defined in 20      |                    |      |
| U.S.C. 1432(5)(A)) provide informed      |                    |      |
| written consent to the State, before     |                    |      |
| such infants or toddlers reach 3 years   |                    |      |
| of age, as to whether such parents       |                    |      |
| intend to choose the continuation of     |                    |      |
| early intervention services pursuant to  |                    |      |
| this subsection for such infants or      |                    |      |
| toddlers;                                |                    |      |
+------------------------------------------+--------------------+------+
| \(F\) the requirements under 20 U.S.C.   | See above.         |      |
| 1437(a)(9) shall not apply with respect  |                    |      |
| to a child who is receiving services in  |                    |      |
| accordance with this subsection until    |                    |      |
| not less than 90 days (and at the        |                    |      |
| discretion of the parties to the         |                    |      |
| conference, not more than 9 months)      |                    |      |
| before the time the child will no longer |                    |      |
| receive those services; and              |                    |      |
+------------------------------------------+--------------------+------+
| \(G\) there will be a referral for       | See above.         |      |
| evaluation for early intervention        |                    |      |
| services of a child who experiences a    |                    |      |
| substantiated case of trauma due to      |                    |      |
| exposure to family violence (as defined  |                    |      |
| in section 320 of the Family Violence    |                    |      |
| Prevention and Services Act).            |                    |      |
+------------------------------------------+--------------------+------+
| \(3\) REPORTING REQUIREMENT- If a        |                    |      |
| statewide system includes a State policy |                    |      |
| described in paragraph (1), the State    |                    |      |
| shall submit to the Secretary, in the    |                    |      |
| State\'s report under 20 U.S.C.          |                    |      |
| 1437(b)(4)(A), a report on the number    |                    |      |
| and percentage of children with          |                    |      |
| disabilities who are eligible for        |                    |      |
| services under 20 U.S.C. 1419 but whose  |                    |      |
| parents choose for such children to      |                    |      |
| continue to receive early intervention   |                    |      |
| services under this part.                |                    |      |
+------------------------------------------+--------------------+------+
| \(4\) AVAILABLE FUNDS- If a statewide    | See above.         |      |
| system includes a State policy described |                    |      |
| in paragraph (1), the policy shall       |                    |      |
| describe the funds (including an         |                    |      |
| identification as Federal, State, or     |                    |      |
| local funds) that will be used to ensure |                    |      |
| that the option described in paragraph   |                    |      |
| (1) is available to eligible children    |                    |      |
| and families who provide the consent     |                    |      |
| described in paragraph (2)(E), including |                    |      |
| fees (if any) to be charged to families  |                    |      |
| as described in 20 U.S.C. 1432(4)(B).    |                    |      |
+------------------------------------------+--------------------+------+
| \(5\) RULES OF CONSTRUCTION-             | See above.         |      |
|                                          |                    |      |
| \(A\) SERVICES UNDER PART B- If a        | Clarifies that     |      |
| statewide system includes a State policy | children with      |      |
| described in paragraph (1), a State that | disabilities who   |      |
| provides services in accordance with     | are eligible to    |      |
| this subsection to a child with a        | receive services   |      |
| disability who is eligible for services  | under 20 U.S.C.    |      |
| under 20 U.S.C. 1419 shall not be        | 1419 but who       |      |
| required to provide the child with a     | continue to        |      |
| free appropriate public education under  | receive services   |      |
| part B for the period of time in which   | under Part C after |      |
| the child is receiving services under    | age 3, are not     |      |
| this part.                               | entitled to FAPE   |      |
|                                          | as long as their   |      |
|                                          | parents have       |      |
|                                          | elected to receive |      |
|                                          | early intervention |      |
|                                          | services under     |      |
|                                          | Part C.            |      |
+------------------------------------------+--------------------+------+
| \(B\) SERVICES UNDER THIS PART- Nothing  |                    |      |
| in this subsection shall be construed to |                    |      |
| require a provider of services under     |                    |      |
| this part to provide a child served      |                    |      |
| under this part with a free appropriate  |                    |      |
| public education.                        |                    |      |
+------------------------------------------+--------------------+------+
| 20 U.S.C. 1436. INDIVIDUALIZED FAMILY    |                    |      |
| SERVICE PLAN.                            |                    |      |
+------------------------------------------+--------------------+------+
| \(a\) ASSESSMENT AND PROGRAM             | No substantive     |      |
| DEVELOPMENT- A statewide system          | change.            |      |
| described in 20 U.S.C. 1433 shall        |                    |      |
| provide, at a minimum, for each infant   |                    |      |
| or toddler with a disability, and the    |                    |      |
| infant\'s or toddler\'s family, to       |                    |      |
| receive\--                               |                    |      |
+------------------------------------------+--------------------+------+
| \(1\) a multidisciplinary assessment of  |                    |      |
| the unique strengths and needs of the    |                    |      |
| infant or toddler and the identification |                    |      |
| of services appropriate to meet such     |                    |      |
| needs;                                   |                    |      |
+------------------------------------------+--------------------+------+
| \(2\) a family-directed assessment of    | No substantive     |      |
| the resources, priorities, and concerns  | change.            |      |
| of the family and the identification of  |                    |      |
| the supports and services necessary to   |                    |      |
| enhance the family\'s capacity to meet   |                    |      |
| the developmental needs of the infant or |                    |      |
| toddler; and                             |                    |      |
+------------------------------------------+--------------------+------+
| \(3\) a written individualized family    | Adds including a   |      |
| service plan developed by a              | description of the |      |
| multidisciplinary team, including the    | appropriate        |      |
| parents, as required by subsection (e),  | transition         |      |
| including a description of the           | services for the   |      |
| appropriate transition services for the  | infant or toddler  |      |
| infant or toddler.                       | to the provision   |      |
|                                          | regarding IFSP     |      |
|                                          | development by a   |      |
|                                          | multidisciplinary  |      |
|                                          | team.              |      |
+------------------------------------------+--------------------+------+
| \(b\) PERIODIC REVIEW- The               | No substantive     |      |
| individualized family service plan shall | change.            |      |
| be evaluated once a year and the family  |                    |      |
| shall be provided a review of the plan   |                    |      |
| at 6-month intervals (or more often      |                    |      |
| where appropriate based on infant or     |                    |      |
| toddler and family needs).               |                    |      |
+------------------------------------------+--------------------+------+
| \(c\) PROMPTNESS AFTER ASSESSMENT- The   | No substantive     |      |
| individualized family service plan shall | change.            |      |
| be developed within a reasonable time    |                    |      |
| after the assessment required by         |                    |      |
| subsection (a)(1) is completed. With the |                    |      |
| parents\' consent, early intervention    |                    |      |
| services may commence prior to the       |                    |      |
| completion of the assessment.            |                    |      |
+------------------------------------------+--------------------+------+
| \(d\) CONTENT OF PLAN- The               | No substantive     |      |
| individualized family service plan shall | change.            |      |
| be in writing and contain\--             |                    |      |
|                                          |                    |      |
| \(1\) a statement of the infant\'s or    |                    |      |
| toddler\'s present levels of physical    |                    |      |
| development, cognitive development,      |                    |      |
| communication development, social or     |                    |      |
| emotional development, and adaptive      |                    |      |
| development, based on objective          |                    |      |
| criteria;                                |                    |      |
+------------------------------------------+--------------------+------+
| \(2\) a statement of the family\'s       |                    |      |
| resources, priorities, and concerns      |                    |      |
| relating to enhancing the development of |                    |      |
| the family\'s infant or toddler with a   |                    |      |
| disability;                              |                    |      |
+------------------------------------------+--------------------+------+
| \(3\) a statement of the measurable      | Substitutes        |      |
| results or outcomes expected to be       | measurable results |      |
| achieved for the infant or toddler and   | or outcomes        |      |
| the family, including pre-literacy and   | expected to be     |      |
| language skills, as developmentally      | achieved for the   |      |
| appropriate for the child, and the       | infant and toddler |      |
| criteria, procedures, and timelines used | or family for the  |      |
| to determine the degree to which         | previous major     |      |
| progress toward achieving the results or | outcomes and adds  |      |
| outcomes is being made and whether       | including          |      |
| modifications or revisions of the        | pre-literacy and   |      |
| results or outcomes or services are      | language skills,   |      |
| necessary;                               | as developmentally |      |
|                                          | appropriate for    |      |
|                                          | the child.         |      |
+------------------------------------------+--------------------+------+
| \(4\) a statement of specific early      | Modifies the       |      |
| intervention services based on           | specific early     |      |
| peer-reviewed research, to the extent    | intervention       |      |
| practicable, necessary to meet the       | services           |      |
| unique needs of the infant or toddler    | identified on the  |      |
| and the family, including the frequency, | IFSP as *based on  |      |
| intensity, and method of delivering      | peer-reviewed      |      |
| services;                                | research to the    |      |
|                                          | extent             |      |
|                                          | practicable*.      |      |
+------------------------------------------+--------------------+------+
| \(5\) a statement of the natural         | No substantive     |      |
| environments in which early intervention | change.            |      |
| services will appropriately be provided, |                    |      |
| including a justification of the extent, |                    |      |
| if any, to which the services will not   |                    |      |
| be provided in a natural environment;    |                    |      |
+------------------------------------------+--------------------+------+
| \(6\) the projected dates for initiation |                    |      |
| of services and the anticipated length,  |                    |      |
| duration, and frequency of the services; |                    |      |
+------------------------------------------+--------------------+------+
| \(7\) the identification of the service  |                    |      |
| coordinator from the profession most     |                    |      |
| immediately relevant to the infant\'s or |                    |      |
| toddler\'s or family\'s needs (or who is |                    |      |
| otherwise qualified to carry out all     |                    |      |
| applicable responsibilities under this   |                    |      |
| part) who will be responsible for the    |                    |      |
| implementation of the plan and           |                    |      |
| coordination with other agencies and     |                    |      |
| persons, including transition services;  |                    |      |
| and                                      |                    |      |
+------------------------------------------+--------------------+------+
| \(8\) the steps to be taken to support   | No substantive     |      |
| the transition of the toddler with a     | change.            |      |
| disability to preschool or other         |                    |      |
| appropriate services.                    |                    |      |
+------------------------------------------+--------------------+------+
| \(e\) PARENTAL CONSENT- The contents of  | No substantive     |      |
| the individualized family service plan   | change.            |      |
| shall be fully explained to the parents  |                    |      |
| and informed written consent from the    |                    |      |
| parents shall be obtained prior to the   |                    |      |
| provision of early intervention services |                    |      |
| described in such plan. If the parents   |                    |      |
| do not provide consent with respect to a |                    |      |
| particular early intervention service,   |                    |      |
| then only the early intervention         |                    |      |
| services to which consent is obtained    |                    |      |
| shall be provided.                       |                    |      |
+------------------------------------------+--------------------+------+
| 20 U.S.C. 1437. STATE APPLICATION AND    |                    |      |
| ASSURANCES.                              |                    |      |
+------------------------------------------+--------------------+------+
| \(a\) APPLICATION- A State desiring to   | No substantive     |      |
| receive a grant under 20 U.S.C. 1433     | change.            |      |
| shall submit an application to the       |                    |      |
| Secretary at such time and in such       | Note that 20       |      |
| manner as the Secretary may reasonably   | U.S.C. 1437(a)     |      |
| require. The application shall           | still requires the |      |
| contain\--                               | Part C application |      |
|                                          | to contain the     |      |
|                                          | elements of the    |      |
|                                          | application        |      |
|                                          | identified at 20   |      |
|                                          | U.S.C.1437(a).     |      |
+------------------------------------------+--------------------+------+
| \(1\) a designation of the lead agency   |                    |      |
| in the State that will be responsible    |                    |      |
| for the administration of funds provided |                    |      |
| under 20 U.S.C. 1433;                    |                    |      |
+------------------------------------------+--------------------+------+
| \(2\) a certification to the Secretary   | New requirement.   |      |
| that the arrangements to establish       | The application    |      |
| financial responsibility for services    | must contain a     |      |
| provided under this part pursuant to 20  | certification to   |      |
| U.S.C. 1440(b) are current as of the     | the Secretary that |      |
| date of submission of the certification; | the arrangements   |      |
|                                          | to establish       |      |
|                                          | financial          |      |
|                                          | responsibility for |      |
|                                          | services provided  |      |
|                                          | under this part    |      |
|                                          | pursuant to 20     |      |
|                                          | U.S.C. 1440(b) are |      |
|                                          | current as of the  |      |
|                                          | date of submission |      |
|                                          | of the             |      |
|                                          | certification.     |      |
|                                          | Note that 20       |      |
|                                          | U.S.C.             |      |
|                                          | 1440(b)(3)(c)      |      |
|                                          | requires 'other    |      |
|                                          | appropriate        |      |
|                                          | written methods'   |      |
|                                          | (not interagency   |      |
|                                          | agreements,        |      |
|                                          | statute, or        |      |
|                                          | regulations) be    |      |
|                                          | approved by the    |      |
|                                          | Secretary.         |      |
+------------------------------------------+--------------------+------+
| \(3\) information demonstrating          | No substantive     |      |
| eligibility of the State under 20 U.S.C. | change.            |      |
| 1434, including\--                       |                    |      |
|                                          |                    |      |
| \(A\) information demonstrating to the   |                    |      |
| Secretary\'s satisfaction that the State |                    |      |
| has in effect the statewide system       |                    |      |
| required by 20 U.S.C. 1433; and          |                    |      |
|                                          |                    |      |
| \(B\) a description of services to be    |                    |      |
| provided to infants and toddlers with    |                    |      |
| disabilities and their families through  |                    |      |
| the system;                              |                    |      |
+------------------------------------------+--------------------+------+
| \(4\) if the State provides services to  |                    |      |
| at-risk infants and toddlers through the |                    |      |
| statewide system, a description of such  |                    |      |
| services;                                |                    |      |
+------------------------------------------+--------------------+------+
| \(5\) a description of the uses for      |                    |      |
| which funds will be expended in          |                    |      |
| accordance with this part;               |                    |      |
+------------------------------------------+--------------------+------+
| \(6\) a description of the State         | New requirement.   |      |
| policies and procedures that require the | Broader than the   |      |
| referral for early intervention services | CAPTA June 2003    |      |
| under this part of a child under the age | amendment. The     |      |
| of 3 who\--                              | application must   |      |
|                                          | include a          |      |
| \(A\) is involved in a substantiated     | description of the |      |
| case of child abuse or neglect; or       | State policies and |      |
|                                          | procedures that    |      |
| \(B\) is identified as affected by       | require the        |      |
| illegal substance abuse, or withdrawal   | referral for early |      |
| symptoms resulting from prenatal drug    | intervention       |      |
| exposure;                                | services under     |      |
|                                          | this part of a     |      |
|                                          | child under the    |      |
|                                          | age of 3 who-(A)   |      |
|                                          | is involved in a   |      |
|                                          | substantiated case |      |
|                                          | of abuse or        |      |
|                                          | neglect; or (B) is |      |
|                                          | identified as      |      |
|                                          | affected by        |      |
|                                          | illegal substance  |      |
|                                          | abuse, or          |      |
|                                          | withdrawal         |      |
|                                          | symptoms resulting |      |
|                                          | from prenatal drug |      |
|                                          | exposure.          |      |
+------------------------------------------+--------------------+------+
| \(7\) a description of the procedure     | No substantive     |      |
| used to ensure that resources are made   | change.            |      |
| available under this part for all        |                    |      |
| geographic areas within the State;       |                    |      |
+------------------------------------------+--------------------+------+
| \(8\) a description of State policies    |                    |      |
| and procedures that ensure that, prior   |                    |      |
| to the adoption by the State of any      |                    |      |
| other policy or procedure necessary to   |                    |      |
| meet the requirements of this part,      |                    |      |
| there are public hearings, adequate      |                    |      |
| notice of the hearings, and an           |                    |      |
| opportunity for comment available to the |                    |      |
| general public, including individuals    |                    |      |
| with disabilities and parents of infants |                    |      |
| and toddlers with disabilities;          |                    |      |
+------------------------------------------+--------------------+------+
| \(9\) a description of the policies and  | Clarifies          |      |
| procedures to be used\--                 | transition         |      |
|                                          | policies to        |      |
| \(A\) to ensure a smooth transition for  | include (and       |      |
| toddlers receiving early intervention    | children receiving |      |
| services under this part (and children   | those services     |      |
| receiving those services under 20 U.S.C. | under 20 U.S.C.    |      |
| 1435(c)) to preschool, school, other     | 1435(c))           |      |
| appropriate services, or exiting the     | to...school...or   |      |
| program, including a description of      | exiting the        |      |
| how\--                                   | program....        |      |
|                                          |                    |      |
| \(i\) the families of such toddlers and  |                    |      |
| children will be included in the         |                    |      |
| transition plans required by             |                    |      |
| subparagraph (C); and                    |                    |      |
|                                          |                    |      |
| \(ii\) the lead agency designated or     |                    |      |
| established under 20 U.S.C. 1435(a)(10)  |                    |      |
| will\--                                  |                    |      |
+------------------------------------------+--------------------+------+
| \(I\) notify the local educational       | Modifies the       |      |
| agency for the area in which such a      | State's            |      |
| child resides that the child will        | requirement for    |      |
| shortly reach the age of eligibility for | policies and       |      |
| preschool services under part B, as      | procedures to      |      |
| determined in accordance with State law; | include a broader  |      |
|                                          | time period to     |      |
|                                          | hold the           |      |
|                                          | transition         |      |
|                                          | conference. The    |      |
|                                          | transition         |      |
|                                          | conference still   |      |
|                                          | must be held at    |      |
|                                          | least 90 days      |      |
|                                          | prior to the       |      |
|                                          | child's being      |      |
|                                          | eligible for       |      |
|                                          | preschool          |      |
|                                          | services; however, |      |
|                                          | now the transition |      |
|                                          | conference may     |      |
|                                          | occur *at the      |      |
|                                          | discretion of all  |      |
|                                          | such parties, not  |      |
|                                          | more than 9        |      |
|                                          | months* *before    |      |
|                                          | the child is       |      |
|                                          | eligible for       |      |
|                                          | preschool          |      |
|                                          | services...*.      |      |
|                                          | \[Prior law        |      |
|                                          | allowed up to six  |      |
|                                          | months before the  |      |
|                                          | child's third      |      |
|                                          | birthday.\]        |      |
+------------------------------------------+--------------------+------+
| \(II\) in the case of a child who may be |                    |      |
| eligible for such preschool services,    |                    |      |
| with the approval of the family of the   |                    |      |
| child, convene a conference among the    |                    |      |
| lead agency, the family, and the local   |                    |      |
| educational agency not less than 90 days |                    |      |
| (and at the discretion of all such       |                    |      |
| parties, not more than 9 months) before  |                    |      |
| the child is eligible for the preschool  |                    |      |
| services, to discuss any such services   |                    |      |
| that the child may receive; and          |                    |      |
+------------------------------------------+--------------------+------+
| \(III\) in the case of a child who may   | No substantive     |      |
| not be eligible for such preschool       | change.            |      |
| services, with the approval of the       |                    |      |
| family, make reasonable efforts to       |                    |      |
| convene a conference among the lead      |                    |      |
| agency, the family, and providers of     |                    |      |
| other appropriate services for children  |                    |      |
| who are not eligible for preschool       |                    |      |
| services under part B, to discuss the    |                    |      |
| appropriate services that the child may  |                    |      |
| receive;                                 |                    |      |
+------------------------------------------+--------------------+------+
| \(B\) to review the child\'s program     | No substantive     |      |
| options for the period from the child\'s | change.            |      |
| third birthday through the remainder of  |                    |      |
| the school year; and                     |                    |      |
+------------------------------------------+--------------------+------+
| \(C\) to establish a transition plan,    | New requirement.   |      |
| including, as appropriate, steps to exit | The State policies |      |
| from the program;                        | and procedures     |      |
|                                          | regarding          |      |
|                                          | transition plans   |      |
|                                          | must include *as   |      |
|                                          | appropriate, steps |      |
|                                          | to exit the        |      |
|                                          | program*.          |      |
+------------------------------------------+--------------------+------+
| \(10\) a description of State efforts to | New requirement.   |      |
| promote collaboration among Early Head   | The application    |      |
| Start programs under section 645A of the | must include a     |      |
| Head Start Act, early education and      | description of     |      |
| child care programs, and services under  | State efforts to   |      |
| part C; and                              | promote            |      |
|                                          | collaboration      |      |
|                                          | among Early Head   |      |
|                                          | Start programs     |      |
|                                          | under section 645A |      |
|                                          | of the Head Start  |      |
|                                          | Act, early         |      |
|                                          | education and      |      |
|                                          | child care         |      |
|                                          | programs, and      |      |
|                                          | services under     |      |
|                                          | part C.            |      |
+------------------------------------------+--------------------+------+
| \(11\) such other information and        | No substantive     |      |
| assurances as the Secretary may          | change.            |      |
| reasonably require.                      |                    |      |
+------------------------------------------+--------------------+------+
| \(b\) ASSURANCES- The application        | No substantive     |      |
| described in subsection (a)\--           | change.            |      |
+------------------------------------------+--------------------+------+
| \(1\) shall provide satisfactory         |                    |      |
| assurance that Federal funds made        |                    |      |
| available under 20 U.S.C. 1443 to the    |                    |      |
| State will be expended in accordance     |                    |      |
| with this part;                          |                    |      |
+------------------------------------------+--------------------+------+
| \(2\) shall contain an assurance that    |                    |      |
| the State will comply with the           |                    |      |
| requirements of 20 U.S.C. 1440;          |                    |      |
+------------------------------------------+--------------------+------+
| \(3\) shall provide satisfactory         | No substantive     |      |
| assurance that the control of funds      | change.            |      |
| provided under 20 U.S.C. 1443, and title |                    |      |
| to property derived from those funds,    |                    |      |
| will be in a public agency for the uses  |                    |      |
| and purposes provided in this part and   |                    |      |
| that a public agency will administer     |                    |      |
| such funds and property;                 |                    |      |
+------------------------------------------+--------------------+------+
| \(4\) shall provide for\--               |                    |      |
|                                          |                    |      |
| \(A\) making such reports in such form   |                    |      |
| and containing such information as the   |                    |      |
| Secretary may require to carry out the   |                    |      |
| Secretary\'s functions under this part;  |                    |      |
| and                                      |                    |      |
+------------------------------------------+--------------------+------+
| \(B\) keeping such reports and affording |                    |      |
| such access to the reports as the        |                    |      |
| Secretary may find necessary to ensure   |                    |      |
| the correctness and verification of      |                    |      |
| those reports and proper disbursement of |                    |      |
| Federal funds under this part;           |                    |      |
+------------------------------------------+--------------------+------+
| \(5\) provide satisfactory assurance     |                    |      |
| that Federal funds made available under  |                    |      |
| 20 U.S.C. 1443 to the State\--           |                    |      |
|                                          |                    |      |
| \(A\) will not be commingled with State  |                    |      |
| funds; and                               |                    |      |
|                                          |                    |      |
| \(B\) will be used so as to supplement   |                    |      |
| the level of State and local funds       |                    |      |
| expended for infants and toddlers with   |                    |      |
| disabilities and their families and in   |                    |      |
| no case to supplant those State and      |                    |      |
| local funds;                             |                    |      |
+------------------------------------------+--------------------+------+
| \(6\) shall provide satisfactory         |                    |      |
| assurance that such fiscal control and   |                    |      |
| fund accounting procedures will be       |                    |      |
| adopted as may be necessary to ensure    |                    |      |
| proper disbursement of, and accounting   |                    |      |
| for, Federal funds paid under 20 U.S.C.  |                    |      |
| 1443 to the State;                       |                    |      |
+------------------------------------------+--------------------+------+
| \(7\) shall provide satisfactory         | Adds 'wards of the |      |
| assurance that policies and procedures   | State' to          |      |
| have been adopted to ensure meaningful   | underserved        |      |
| involvement of underserved groups,       | groups. The State  |      |
| including minority, low-income,          | must provide an    |      |
| homeless, and rural families and         | assurance that     |      |
| children with disabilities who are wards | policies and       |      |
| of the State, in the planning and        | procedures have    |      |
| implementation of all the requirements   | been adopted to    |      |
| of this part; and                        | ensure meaningful  |      |
|                                          | involvement of     |      |
|                                          | underserved        |      |
|                                          | groups,            |      |
|                                          | inc                |      |
|                                          | luding...*children |      |
|                                          | with disabilities  |      |
|                                          | who are wards of   |      |
|                                          | the State*.        |      |
+------------------------------------------+--------------------+------+
| \(8\) shall contain such other           | No substantive     |      |
| information and assurances as the        | change.            |      |
| Secretary may reasonably require by      |                    |      |
| regulation.                              |                    |      |
+------------------------------------------+--------------------+------+
| \(c\) STANDARD FOR DISAPPROVAL OF        | No substantive     |      |
| APPLICATION- The Secretary may not       | change.            |      |
| disapprove such an application unless    |                    |      |
| the Secretary determines, after notice   |                    |      |
| and opportunity for a hearing, that the  |                    |      |
| application fails to comply with the     |                    |      |
| requirements of this section.            |                    |      |
+------------------------------------------+--------------------+------+
| \(d\) SUBSEQUENT STATE APPLICATION- If a | Minor change in    |      |
| State has on file with the Secretary a   | the reference to   |      |
| policy, procedure, or assurance that     | Part C, adding a   |      |
| demonstrates that the State meets a      | new reference to   |      |
| requirement of this section, including   | the *Individuals   |      |
| any policy or procedure filed under this | with Disabilities  |      |
| part (as in effect before the date of    | Education          |      |
| enactment of the Individuals with        | Improvement Act*,  |      |
| Disabilities Education Improvement Act   | dropping reference |      |
| of 2004), the Secretary shall consider   | to *part H* and    |      |
| the State to have met the requirement    | replacing *act*    |      |
| for purposes of receiving a grant under  | with *title.*      |      |
| this part.                               |                    |      |
+------------------------------------------+--------------------+------+
| \(e\) MODIFICATION OF APPLICATION- An    | No substantive     |      |
| application submitted by a State in      | change.            |      |
| accordance with this section shall       |                    |      |
| remain in effect until the State submits |                    |      |
| to the Secretary such modifications as   |                    |      |
| the State determines necessary. This     |                    |      |
| section shall apply to a modification of |                    |      |
| an application to the same extent and in |                    |      |
| the same manner as this section applies  |                    |      |
| to the original application.             |                    |      |
+------------------------------------------+--------------------+------+
| \(f\) MODIFICATIONS REQUIRED BY THE      | No substantive     |      |
| SECRETARY- The Secretary may require a   | change.            |      |
| State to modify its application under    |                    |      |
| this section, but only to the extent     |                    |      |
| necessary to ensure the State\'s         |                    |      |
| compliance with this part, if\--         |                    |      |
+------------------------------------------+--------------------+------+
| \(1\) an amendment is made to this       |                    |      |
| title, or a Federal regulation issued    |                    |      |
| under this title;                        |                    |      |
+------------------------------------------+--------------------+------+
| \(2\) a new interpretation of this title |                    |      |
| is made by a Federal court or the        |                    |      |
| State\'s highest court; or               |                    |      |
+------------------------------------------+--------------------+------+
| \(3\) an official finding of             |                    |      |
| noncompliance with Federal law or        |                    |      |
| regulations is made with respect to the  |                    |      |
| State.                                   |                    |      |
+------------------------------------------+--------------------+------+
| 20 U.S.C. 1438. USES OF FUNDS.           |                    |      |
+------------------------------------------+--------------------+------+
| In addition to using funds provided      | No substantive     |      |
| under 20 U.S.C. 1433 to maintain and     | change.            |      |
| implement the statewide system required  |                    |      |
| by such section, a State may use such    |                    |      |
| funds\--                                 |                    |      |
|                                          |                    |      |
| \(1\) for direct early intervention      |                    |      |
| services for infants and toddlers with   |                    |      |
| disabilities, and their families, under  |                    |      |
| this part that are not otherwise funded  |                    |      |
| through other public or private sources; |                    |      |
+------------------------------------------+--------------------+------+
| \(2\) to expand and improve on services  |                    |      |
| for infants and toddlers and their       |                    |      |
| families under this part that are        |                    |      |
| otherwise available;                     |                    |      |
+------------------------------------------+--------------------+------+
| \(3\) to provide a free appropriate      |                    |      |
| public education, in accordance with     |                    |      |
| part B, to children with disabilities    |                    |      |
| from their third birthday to the         |                    |      |
| beginning of the following school year;  |                    |      |
+------------------------------------------+--------------------+------+
| \(4\) with the written consent of the    | New provision.     |      |
| parents, to continue to provide early    | Allows that, with  |      |
| intervention services under this part to | the written        |      |
| children with disabilities from their    | consent of the     |      |
| 3rd birthday until such children enter,  | parents, early     |      |
| or are eligible under State law to       | intervention       |      |
| enter, kindergarten, in lieu of a free   | services may       |      |
| appropriate public education provided in | continue to be     |      |
| accordance with part B; and              | provided under     |      |
|                                          | Part C from the    |      |
|                                          | child's 3^rd^      |      |
|                                          | birthday until the |      |
|                                          | child enters, or   |      |
|                                          | is eligible under  |      |
|                                          | State law to       |      |
|                                          | enter,             |      |
|                                          | kindergarten *in   |      |
|                                          | lieu of a free     |      |
|                                          | appropriate public |      |
|                                          | education provided |      |
|                                          | in accordance with |      |
|                                          | part B*.           |      |
+------------------------------------------+--------------------+------+
| \(5\) in any State that does not provide | Previous (4),      |      |
| services for at-risk infants and         | renumbered due to  |      |
| toddlers under 20 U.S.C. 1437(a)(4), to  | new provision      |      |
| strengthen the statewide system by       | above.             |      |
| initiating, expanding, or improving      |                    |      |
| collaborative efforts related to at-risk |                    |      |
| infants and toddlers, including          |                    |      |
| establishing linkages with appropriate   |                    |      |
| public or private community-based        |                    |      |
| organizations, services, and personnel   |                    |      |
| for the purposes of\--                   |                    |      |
+------------------------------------------+--------------------+------+
| \(A\) identifying and evaluating at-risk |                    |      |
| infants and toddlers;                    |                    |      |
+------------------------------------------+--------------------+------+
| \(B\) making referrals of the infants    |                    |      |
| and toddlers identified and evaluated    |                    |      |
| under subparagraph (A); and              |                    |      |
+------------------------------------------+--------------------+------+
| \(C\) conducting periodic follow-up on   |                    |      |
| each such referral to determine if the   |                    |      |
| status of the infant or toddler involved |                    |      |
| has changed with respect to the          |                    |      |
| eligibility of the infant or toddler for |                    |      |
| services under this part.                |                    |      |
+------------------------------------------+--------------------+------+
| 20 U.S.C. 1439. PROCEDURAL SAFEGUARDS.   |                    |      |
+------------------------------------------+--------------------+------+
| \(a\) MINIMUM PROCEDURES- The procedural | No substantive     |      |
| safeguards required to be included in a  | change.            |      |
| statewide system under 20 U.S.C.         |                    |      |
| 1435(a)(13) shall provide, at a minimum, |                    |      |
| the following:                           |                    |      |
+------------------------------------------+--------------------+------+
| \(1\) The timely administrative          | No substantive     |      |
| resolution of complaints by parents. Any | change.            |      |
| party aggrieved by the findings and      |                    |      |
| decision regarding an administrative     |                    |      |
| complaint shall have the right to bring  |                    |      |
| a civil action with respect to the       |                    |      |
| complaint in any State court of          |                    |      |
| competent jurisdiction or in a district  |                    |      |
| court of the United States without       |                    |      |
| regard to the amount in controversy. In  |                    |      |
| any action brought under this paragraph, |                    |      |
| the court shall receive the records of   |                    |      |
| the administrative proceedings, shall    |                    |      |
| hear additional evidence at the request  |                    |      |
| of a party, and, basing its decision on  |                    |      |
| the preponderance of the evidence, shall |                    |      |
| grant such relief as the court           |                    |      |
| determines is appropriate.               |                    |      |
+------------------------------------------+--------------------+------+
| \(2\) The right to confidentiality of    | No substantive     |      |
| personally identifiable information,     | change.            |      |
| including the right of parents to        |                    |      |
| written notice of and written consent to |                    |      |
| the exchange of such information among   |                    |      |
| agencies consistent with Federal and     |                    |      |
| State law.                               |                    |      |
+------------------------------------------+--------------------+------+
| \(3\) The right of the parents to        |                    |      |
| determine whether they, their infant or  |                    |      |
| toddler, or other family members will    |                    |      |
| accept or decline any early intervention |                    |      |
| service under this part in accordance    |                    |      |
| with State law without jeopardizing      |                    |      |
| other early intervention services under  |                    |      |
| this part.                               |                    |      |
+------------------------------------------+--------------------+------+
| \(4\) The opportunity for parents to     |                    |      |
| examine records relating to assessment,  |                    |      |
| screening, eligibility determinations,   |                    |      |
| and the development and implementation   |                    |      |
| of the individualized family service     |                    |      |
| plan.                                    |                    |      |
+------------------------------------------+--------------------+------+
| \(5\) Procedures to protect the rights   | No substantive     |      |
| of the infant or toddler whenever the    | change.            |      |
| parents of the infant or toddler are not |                    |      |
| known or cannot be found or the infant   |                    |      |
| or toddler is a ward of the State,       |                    |      |
| including the assignment of an           |                    |      |
| individual (who shall not be an employee |                    |      |
| of the State lead agency, or other State |                    |      |
| agency, and who shall not be any person, |                    |      |
| or any employee of a person, providing   |                    |      |
| early intervention services to the       |                    |      |
| infant or toddler or any family member   |                    |      |
| of the infant or toddler) to act as a    |                    |      |
| surrogate for the parents.               |                    |      |
+------------------------------------------+--------------------+------+
| \(6\) Written prior notice to the        |                    |      |
| parents of the infant or toddler with a  |                    |      |
| disability whenever the State agency or  |                    |      |
| service provider proposes to initiate or |                    |      |
| change, or refuses to initiate or        |                    |      |
| change, the identification, evaluation,  |                    |      |
| or placement of the infant or toddler    |                    |      |
| with a disability, or the provision of   |                    |      |
| appropriate early intervention services  |                    |      |
| to the infant or toddler.                |                    |      |
+------------------------------------------+--------------------+------+
| \(7\) Procedures designed to ensure that |                    |      |
| the notice required by paragraph (6)     |                    |      |
| fully informs the parents, in the        |                    |      |
| parents\' native language, unless it     |                    |      |
| clearly is not feasible to do so, of all |                    |      |
| procedures available pursuant to this    |                    |      |
| section.                                 |                    |      |
+------------------------------------------+--------------------+------+
| \(8\) The right of parents to use        | Reference to 20    |      |
| mediation in accordance with 20 U.S.C.   | U.S.C. 1415 is to  |      |
| 1415, except that\--                     | the revised 20     |      |
|                                          | U.S.C. 1415(e)     |      |
| \(A\) any reference in the section to a  | (see attachment).  |      |
| State educational agency shall be        |                    |      |
| considered to be a reference to a        |                    |      |
| State\'s lead agency established or      |                    |      |
| designated under 20 U.S.C. 1435(a)(10);  |                    |      |
+------------------------------------------+--------------------+------+
| \(B\) any reference in the section to a  | No substantive     |      |
| local educational agency shall be        | change.            |      |
| considered to be a reference to a local  |                    |      |
| service provider or the State\'s lead    |                    |      |
| agency under this part, as the case may  |                    |      |
| be; and                                  |                    |      |
+------------------------------------------+--------------------+------+
| \(C\) any reference in the section to    |                    |      |
| the provision of a free appropriate      |                    |      |
| public education to children with        |                    |      |
| disabilities shall be considered to be a |                    |      |
| reference to the provision of            |                    |      |
| appropriate early intervention services  |                    |      |
| to infants and toddlers with             |                    |      |
| disabilities.                            |                    |      |
+------------------------------------------+--------------------+------+
| \(b\) SERVICES DURING PENDENCY OF        | No substantive     |      |
| PROCEEDINGS- During the pendency of any  | change.            |      |
| proceeding or action involving a         |                    |      |
| complaint by the parents of an infant or |                    |      |
| toddler with a disability, unless the    |                    |      |
| State agency and the parents otherwise   |                    |      |
| agree, the infant or toddler shall       |                    |      |
| continue to receive the appropriate      |                    |      |
| early intervention services currently    |                    |      |
| being provided or, if applying for       |                    |      |
| initial services, shall receive the      |                    |      |
| services not in dispute.                 |                    |      |
+------------------------------------------+--------------------+------+
| 20 U.S.C. 1440. PAYOR OF LAST RESORT.    |                    |      |
+------------------------------------------+--------------------+------+
| \(a\) NONSUBSTITUTION- Funds provided    | No substantive     |      |
| under 20 U.S.C. 1443 may not be used to  | change.            |      |
| satisfy a financial commitment for       |                    |      |
| services that would have been paid for   |                    |      |
| from another public or private source,   |                    |      |
| including any medical program            |                    |      |
| administered by the Secretary of         |                    |      |
| Defense, but for the enactment of this   |                    |      |
| part, except that whenever considered    |                    |      |
| necessary to prevent a delay in the      |                    |      |
| receipt of appropriate early             |                    |      |
| intervention services by an infant,      |                    |      |
| toddler, or family in a timely fashion,  |                    |      |
| funds provided under 20 U.S.C. 1443 may  |                    |      |
| be used to pay the provider of services  |                    |      |
| pending reimbursement from the agency    |                    |      |
| that has ultimate responsibility for the |                    |      |
| payment.                                 |                    |      |
+------------------------------------------+--------------------+------+
| \(b\) OBLIGATIONS RELATED TO AND METHODS | New provision.     |      |
| OF ENSURING SERVICES-                    | Requires an        |      |
|                                          | interagency        |      |
| \(1\) ESTABLISHING FINANCIAL             | agreement,         |      |
| RESPONSIBILITY FOR SERVICES-             | statute,           |      |
|                                          | regulation *or     |      |
| \(A\) IN GENERAL- The Chief Executive    | other appropriate  |      |
| Officer of a State or designee of the    | written mechanism* |      |
| officer shall ensure that an interagency | to ensure *the     |      |
| agreement or other mechanism for         | provision of, and  |      |
| interagency coordination is in effect    | financial          |      |
| between each public agency and the       | responsibility     |      |
| designated lead agency, in order to      | for,* services     |      |
| ensure\--                                | under Part C and   |      |
|                                          | that the services  |      |
|                                          | are consistent     |      |
|                                          | with the           |      |
|                                          | requirements of 20 |      |
|                                          | U.S.C. 1435 and    |      |
|                                          | the State's        |      |
|                                          | application under  |      |
|                                          | 20 U.S.C. 1437,    |      |
|                                          | including the      |      |
|                                          | provision of       |      |
|                                          | services during    |      |
|                                          | the pendency of    |      |
|                                          | any dispute.       |      |
+------------------------------------------+--------------------+------+
| \(i\) the provision of, and financial    |                    |      |
| responsibility for, services provided    |                    |      |
| under this part; and                     |                    |      |
+------------------------------------------+--------------------+------+
| \(ii\) such services are consistent with |                    |      |
| the requirements of 20 U.S.C. 1435 and   |                    |      |
| the State\'s application pursuant to 20  |                    |      |
| U.S.C. 1437, including the provision of  |                    |      |
| such services during the pendency of any |                    |      |
| such dispute.                            |                    |      |
+------------------------------------------+--------------------+------+
| \(B\) CONSISTENCY BETWEEN AGREEMENTS OR  | New provision.     |      |
| MECHANISMS UNDER PART B- The Chief       |                    |      |
| Executive Officer of a State or designee |                    |      |
| of the officer shall ensure that the     |                    |      |
| terms and conditions of such agreement   |                    |      |
| or mechanism are consistent with the     |                    |      |
| terms and conditions of the State\'s     |                    |      |
| agreement or mechanism under 20 U.S.C.   |                    |      |
| 1412(a)(12), where appropriate.          |                    |      |
+------------------------------------------+--------------------+------+
| \(2\) REIMBURSEMENT FOR SERVICES BY      | New provision.     |      |
| PUBLIC AGENCY-                           |                    |      |
|                                          |                    |      |
| \(A\) IN GENERAL- If a public agency     |                    |      |
| other than an educational agency fails   |                    |      |
| to provide or pay for the services       |                    |      |
| pursuant to an agreement required under  |                    |      |
| paragraph (1), the local educational     |                    |      |
| agency or State agency (as determined by |                    |      |
| the Chief Executive Officer or designee) |                    |      |
| shall provide or pay for the provision   |                    |      |
| of such services to the child.           |                    |      |
+------------------------------------------+--------------------+------+
| \(B\) REIMBURSEMENT- 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 required under paragraph (1).  |                    |      |
+------------------------------------------+--------------------+------+
| \(3\) SPECIAL RULE- The requirements of  | New Provision.     |      |
| paragraph (1) may be met through\--      | Note that if a     |      |
|                                          | State is meeting   |      |
| \(A\) State statute or regulation;       | requirements       |      |
|                                          | through any method |      |
|                                          | other than State   |      |
|                                          | statute,           |      |
|                                          | regulation or      |      |
|                                          | signed agreements  |      |
|                                          | it must submit     |      |
|                                          | those methods in   |      |
|                                          | the application    |      |
|                                          | for the            |      |
|                                          | Secretary's        |      |
|                                          | approval.          |      |
+------------------------------------------+--------------------+------+
| \(B\) signed agreements between          |                    |      |
| respective agency officials that clearly |                    |      |
| identify the responsibilities of each    |                    |      |
| agency relating to the provision of      |                    |      |
| services; or                             |                    |      |
+------------------------------------------+--------------------+------+
| \(C\) other appropriate written methods  |                    |      |
| as determined by the Chief Executive     |                    |      |
| Officer of the State or designee of the  |                    |      |
| officer and approved by the Secretary    |                    |      |
| through the review and approval of the   |                    |      |
| State\'s application pursuant to 20      |                    |      |
| U.S.C. 1437.                             |                    |      |
+------------------------------------------+--------------------+------+
| \(c\) REDUCTION OF OTHER BENEFITS-       | New provision.     |      |
| Nothing in this part shall be construed  |                    |      |
| to permit the State to reduce medical or |                    |      |
| other assistance available or to alter   |                    |      |
| eligibility under title V of the Social  |                    |      |
| Security Act (relating to maternal and   |                    |      |
| child health) or title XIX of the Social |                    |      |
| Security Act (relating to medicaid for   |                    |      |
| infants or toddlers with disabilities)   |                    |      |
| within the State.                        |                    |      |
+------------------------------------------+--------------------+------+
| 20 U.S.C. 1441. STATE INTERAGENCY        |                    |      |
| COORDINATING COUNCIL.                    |                    |      |
+------------------------------------------+--------------------+------+
| \(a\) ESTABLISHMENT-                     | No substantive     |      |
|                                          | change.            |      |
| \(1\) IN GENERAL- A State that desires   |                    |      |
| to receive financial assistance under    |                    |      |
| this part shall establish a State        |                    |      |
| interagency coordinating council.        |                    |      |
+------------------------------------------+--------------------+------+
| \(2\) APPOINTMENT- The council shall be  | No substantive     |      |
| appointed by the Governor. In making     | change.            |      |
| appointments to the council, the         |                    |      |
| Governor shall ensure that the           |                    |      |
| membership of the council reasonably     |                    |      |
| represents the population of the State.  |                    |      |
+------------------------------------------+--------------------+------+
| \(3\) CHAIRPERSON- The Governor shall    |                    |      |
| designate a member of the council to     |                    |      |
| serve as the chairperson of the council, |                    |      |
| or shall require the council to so       |                    |      |
| designate such a member. Any member of   |                    |      |
| the council who is a representative of   |                    |      |
| the lead agency designated under 20      |                    |      |
| U.S.C. 1435(a)(10) may not serve as the  |                    |      |
| chairperson of the council.              |                    |      |
+------------------------------------------+--------------------+------+
| \(b\) COMPOSITION-                       | No substantive     |      |
|                                          | change.            |      |
| \(1\) IN GENERAL- The council shall be   |                    |      |
| composed as follows:                     |                    |      |
|                                          |                    |      |
| \(A\) PARENTS- Not less than 20 percent  |                    |      |
| of the members shall be parents of       |                    |      |
| infants or toddlers with disabilities or |                    |      |
| children with disabilities aged 12 or    |                    |      |
| younger, with knowledge of, or           |                    |      |
| experience with, programs for infants    |                    |      |
| and toddlers with disabilities. Not less |                    |      |
| than 1 such member shall be a parent of  |                    |      |
| an infant or toddler with a disability   |                    |      |
| or a child with a disability aged 6 or   |                    |      |
| younger.                                 |                    |      |
+------------------------------------------+--------------------+------+
| \(B\) SERVICE PROVIDERS- Not less than   |                    |      |
| 20 percent of the members shall be       |                    |      |
| public or private providers of early     |                    |      |
| intervention services.                   |                    |      |
+------------------------------------------+--------------------+------+
| \(C\) STATE LEGISLATURE- Not less than 1 | No substantive     |      |
| member shall be from the State           | change.            |      |
| legislature.                             |                    |      |
+------------------------------------------+--------------------+------+
| \(D\) PERSONNEL PREPARATION- Not less    |                    |      |
| than 1 member shall be involved in       |                    |      |
| personnel preparation.                   |                    |      |
+------------------------------------------+--------------------+------+
| \(E\) AGENCY FOR EARLY INTERVENTION      |                    |      |
| SERVICES- Not less than 1 member shall   |                    |      |
| be from each of the State agencies       |                    |      |
| involved in the provision of, or payment |                    |      |
| for, early intervention services to      |                    |      |
| infants and toddlers with disabilities   |                    |      |
| and their families and shall have        |                    |      |
| sufficient authority to engage in policy |                    |      |
| planning and implementation on behalf of |                    |      |
| such agencies.                           |                    |      |
+------------------------------------------+--------------------+------+
| \(F\) AGENCY FOR PRESCHOOL SERVICES- Not |                    |      |
| less than 1 member shall be from the     |                    |      |
| State educational agency responsible for |                    |      |
| preschool services to children with      |                    |      |
| disabilities and shall have sufficient   |                    |      |
| authority to engage in policy planning   |                    |      |
| and implementation on behalf of such     |                    |      |
| agency.                                  |                    |      |
+------------------------------------------+--------------------+------+
| \(G\) STATE MEDICAID AGENCY- Not less    | New required       |      |
| than 1 member shall be from the agency   | member.            |      |
| responsible for the State medicaid       |                    |      |
| program.                                 |                    |      |
+------------------------------------------+--------------------+------+
| \(H\) HEAD START AGENCY- Not less than 1 | No substantive     |      |
| member shall be a representative from a  | change.            |      |
| Head Start agency or program in the      |                    |      |
| State.                                   |                    |      |
+------------------------------------------+--------------------+------+
| \(I\) CHILD CARE AGENCY- Not less than 1 |                    |      |
| member shall be a representative from a  |                    |      |
| State agency responsible for child care. |                    |      |
+------------------------------------------+--------------------+------+
| \(J\) AGENCY FOR HEALTH INSURANCE- Not   |                    |      |
| less than 1 member shall be from the     |                    |      |
| agency responsible for the State         |                    |      |
| regulation of health insurance.          |                    |      |
+------------------------------------------+--------------------+------+
| \(K\) OFFICE OF THE COORDINATOR OF       | New required       |      |
| EDUCATION OF HOMELESS CHILDREN AND       | members under K,   |      |
| YOUTH- Not less than 1 member shall be a | L, and M..         |      |
| representative designated by the Office  |                    |      |
| of Coordinator for Education of Homeless |                    |      |
| Children and Youths.                     |                    |      |
+------------------------------------------+--------------------+------+
| \(L\) STATE FOSTER CARE REPRESENTATIVE-  |                    |      |
| Not less than 1 member shall be a        |                    |      |
| representative from the State child      |                    |      |
| welfare agency responsible for foster    |                    |      |
| care.                                    |                    |      |
+------------------------------------------+--------------------+------+
| \(M\) MENTAL HEALTH AGENCY- Not less     |                    |      |
| than 1 member shall be a representative  |                    |      |
| from the State agency responsible for    |                    |      |
| children\'s mental health.               |                    |      |
+------------------------------------------+--------------------+------+
| \(2\) OTHER MEMBERS- The council may     | No substantive     |      |
| include other members selected by the    | change.            |      |
| Governor, including a representative     |                    |      |
| from the Bureau of Indian Affairs (BIA), |                    |      |
| or where there is no BIA-operated or     |                    |      |
| BIA-funded school, from the Indian       |                    |      |
| Health Service or the tribe or tribal    |                    |      |
| council.                                 |                    |      |
+------------------------------------------+--------------------+------+
| \(c\) MEETINGS- The council shall meet,  | No substantive     |      |
| at a minimum, on a quarterly basis, and  | change.            |      |
| in such places as the council determines |                    |      |
| necessary. The meetings shall be         |                    |      |
| publicly announced, and, to the extent   |                    |      |
| appropriate, open and accessible to the  |                    |      |
| general public.                          |                    |      |
+------------------------------------------+--------------------+------+
| \(d\) MANAGEMENT AUTHORITY- Subject to   | No substantive     |      |
| the approval of the Governor, the        | change.            |      |
| council may prepare and approve a budget |                    |      |
| using funds under this part to conduct   |                    |      |
| hearings and forums, to reimburse        |                    |      |
| members of the council for reasonable    |                    |      |
| and necessary expenses for attending     |                    |      |
| council meetings and performing council  |                    |      |
| duties (including child care for parent  |                    |      |
| representatives), to pay compensation to |                    |      |
| a member of the council if the member is |                    |      |
| not employed or must forfeit wages from  |                    |      |
| other employment when performing         |                    |      |
| official council business, to hire       |                    |      |
| staff, and to obtain the services of     |                    |      |
| such professional, technical, and        |                    |      |
| clerical personnel as may be necessary   |                    |      |
| to carry out its functions under this    |                    |      |
| part.                                    |                    |      |
+------------------------------------------+--------------------+------+
| \(e\) FUNCTIONS OF COUNCIL-              |                    |      |
|                                          |                    |      |
| \(1\) DUTIES- The council shall\--       |                    |      |
+------------------------------------------+--------------------+------+
| \(A\) advise and assist the lead agency  |                    |      |
| designated or established under 20       |                    |      |
| U.S.C. 1435(a)(10) in the performance of |                    |      |
| the responsibilities set forth in such   |                    |      |
| section, particularly the identification |                    |      |
| of the sources of fiscal and other       |                    |      |
| support for services for early           |                    |      |
| intervention programs, assignment of     |                    |      |
| financial responsibility to the          |                    |      |
| appropriate agency, and the promotion of |                    |      |
| the interagency agreements;              |                    |      |
+------------------------------------------+--------------------+------+
| \(B\) advise and assist the lead agency  |                    |      |
| in the preparation of applications and   |                    |      |
| amendments thereto;                      |                    |      |
+------------------------------------------+--------------------+------+
| \(C\) advise and assist the State        |                    |      |
| educational agency regarding the         |                    |      |
| transition of toddlers with disabilities |                    |      |
| to preschool and other appropriate       |                    |      |
| services; and                            |                    |      |
+------------------------------------------+--------------------+------+
| \(D\) prepare and submit an annual       |                    |      |
| report to the Governor and to the        |                    |      |
| Secretary on the status of early         |                    |      |
| intervention programs for infants and    |                    |      |
| toddlers with disabilities and their     |                    |      |
| families operated within the State.      |                    |      |
+------------------------------------------+--------------------+------+
| \(2\) AUTHORIZED ACTIVITY- The council   | No substantive     |      |
| may advise and assist the lead agency    | change.            |      |
| and the State educational agency         |                    |      |
| regarding the provision of appropriate   |                    |      |
| services for children from birth through |                    |      |
| age 5. The council may advise            |                    |      |
| appropriate agencies in the State with   |                    |      |
| respect to the integration of services   |                    |      |
| for infants and toddlers with            |                    |      |
| disabilities and at-risk infants and     |                    |      |
| toddlers and their families, regardless  |                    |      |
| of whether at-risk infants and toddlers  |                    |      |
| are eligible for early intervention      |                    |      |
| services in the State.                   |                    |      |
+------------------------------------------+--------------------+------+
| \(f\) CONFLICT OF INTEREST- No member of | No substantive     |      |
| the council shall cast a vote on any     | change.            |      |
| matter that is likely to provide a       |                    |      |
| direct financial benefit to that member  |                    |      |
| or otherwise give the appearance of a    |                    |      |
| conflict of interest under State law.    |                    |      |
+------------------------------------------+--------------------+------+
| 20 U.S.C. 1442. FEDERAL ADMINISTRATION.  |                    |      |
+------------------------------------------+--------------------+------+
| 20 U.S.C. 1416, 1417, and 1418 shall, to | No substantive     |      |
| the extent not inconsistent with this    | change. References |      |
| part, apply to the program authorized by | to sections 20     |      |
| this part, except that\--                | U.S.C. 1416, 1417  |      |
|                                          | and 1418 are to    |      |
| \(1\) any reference in such sections to  | the newly revised  |      |
| a State educational agency shall be      | sections 20 U.S.C. |      |
| considered to be a reference to a        | 1416, 1417, and    |      |
| State\'s lead agency established or      | 1418 and           |      |
| designated under 20 U.S.C. 1435(a)(10);  | incorporate all of |      |
|                                          | those changes.     |      |
+------------------------------------------+--------------------+------+
| \(2\) any reference in such sections to  |                    |      |
| a local educational agency, educational  |                    |      |
| service agency, or a State agency shall  |                    |      |
| be considered to be a reference to an    |                    |      |
| early intervention service provider      |                    |      |
| under this part; and                     |                    |      |
+------------------------------------------+--------------------+------+
| \(3\) any reference to the education of  |                    |      |
| children with disabilities or the        |                    |      |
| education of all children with           |                    |      |
| disabilities shall be considered to be a |                    |      |
| reference to the provision of            |                    |      |
| appropriate early intervention services  |                    |      |
| to infants and toddlers with             |                    |      |
| disabilities.                            |                    |      |
+------------------------------------------+--------------------+------+
| Note that mediation procedures found at  |                    |      |
| 20 U.S.C. 1415(e) are referenced in Part |                    |      |
| C at 20 U.S.C. 1439(a)(8) and apply to   |                    |      |
| all Part C agencies. For Part C lead     |                    |      |
| agencies using Part B due process        |                    |      |
| hearing procedures additional provisions |                    |      |
| regarding due process hearings and civil |                    |      |
| actions found at 20 U.S.C. 1415 also     |                    |      |
| apply.                                   |                    |      |
+------------------------------------------+--------------------+------+
| 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 \[prior    |      |
| shall ensure that procedures are         | law only required  |      |
| established and implemented to allow     | mediation to be    |      |
| parties to disputes involving any        | available to       |      |
| matter, including matters arising prior  | resolve matters    |      |
| to the filing of a complaint pursuant to | that were the      |      |
| subsection (b)(6), to resolve such       | subject of a due   |      |
| disputes through a mediation process.    | process hearing    |      |
|                                          | request and that   |      |
|                                          | mediation be       |      |
|                                          | available prior to |      |
|                                          | (and regardless    |      |
|                                          | if) a due process  |      |
|                                          | hearing request is |      |
|                                          | filed.\]           |      |
+------------------------------------------+--------------------+------+
| \(2\) 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.                          |                    |      |
+------------------------------------------+--------------------+------+
| \(l\) 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.             |      |
+------------------------------------------+--------------------+------+

[^1]: This checklist is provided to assist States in the completion of
    OMB Information Collection 1820-0550. Use of the checklist is
    optional.