I 

108TH CONGRESS 

1ST SESSION H. R. 1350

To reauthorize the Individuals with Disabilities Education Act, and for other 

purposes. 

IN THE HOUSE OF REPRESENTATIVES 

MARCH 19, 2003

Mr. CASTLE (for himself, Mr. BOEHNER, Mr. BALLENGER, Mr. MCKEON, Mr. 

SAM JOHNSON of Texas, Mr. GREENWOOD, Mr. DEMINT, Mrs. BIGGERT, 

Mr. TIBERI, Mr. KELLER, Mr. WILSON of South Carolina, and Mr. 

COLE) introduced the following bill; which was referred to the Committee 

on Education and the Workforce 

A BILL

To reauthorize the Individuals with Disabilities Education 

Act, and for other purposes.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Improving Education 

5 Results for Children With Disabilities Act of 2003’’. 
2

•HR 1350 IH 

1 TITLE I—GENERAL PROVISIONS

2 SEC. 101. SECTIONS 601 THROUGH 603 OF THE INDIVIDUALS 

3 WITH DISABILITIES EDUCATION ACT. 

4 Sections 601 through 603 of the Individuals with 

5 Disabilities Education Act (20 U.S.C. 1400–1402) are 

6 amended to read as follows: 

7 ‘‘PART A—GENERAL PROVISIONS

8 ‘‘SEC. 601. SHORT TITLE; TABLE OF CONTENTS; FINDINGS; 

9 PURPOSES. 

10 ‘‘(a) SHORT TITLE.—This Act may be cited as the 

11 ‘Individuals with Disabilities Education Act’.

12 ‘‘(b) TABLE OF CONTENTS.—The table of contents 

13 for this Act is as follows:

‘‘PART A—GENERAL PROVISIONS

‘‘Sec. 601. Short title; table of contents; findings; purposes. 

‘‘Sec. 602. Definitions. 

‘‘Sec. 603. Office of Special Education Programs. 

‘‘Sec. 604. Abrogation of State sovereign immunity. 

‘‘Sec. 605. Acquisition of equipment; construction or alteration of facilities. 

‘‘Sec. 606. Employment of individuals with disabilities. 

‘‘Sec. 607. Requirements for prescribing regulations. 

‘‘Sec. 608. State administration. 

‘‘Sec. 609. GAO review; report. 

‘‘PART B—ASSISTANCE FOR EDUCATION OF ALL CHILDREN WITH

DISABILITIES

‘‘Sec. 611. Authorization; allotment; use of funds; authorization of appropriations. 

‘‘Sec. 612. State eligibility. 

‘‘Sec. 613. Local educational agency eligibility. 

‘‘Sec. 614. Evaluations, eligibility determinations, individualized education programs, and educational placements. 

‘‘Sec. 615. Procedural safeguards. 

‘‘Sec. 616. Withholding and judicial review. 

‘‘Sec. 617. Administration. 

‘‘Sec. 618. Program information. 

‘‘Sec. 619. Preschool grants. 
3

•HR 1350 IH 

‘‘PART C—INFANTS AND TODDLERS WITH DISABILITIES

‘‘Sec. 631. Findings and policy. 

‘‘Sec. 632. Definitions. 

‘‘Sec. 633. General authority. 

‘‘Sec. 634. Eligibility. 

‘‘Sec. 635. Requirements for statewide system. 

‘‘Sec. 636. Individualized family service plan. 

‘‘Sec. 637. State application and assurances. 

‘‘Sec. 638. Uses of funds. 

‘‘Sec. 639. Procedural safeguards. 

‘‘Sec. 640. Payor of last resort. 

‘‘Sec. 641. State Interagency Coordinating Council. 

‘‘Sec. 642. Federal administration. 

‘‘Sec. 643. Allocation of funds. 

‘‘Sec. 644. Authorization of appropriations. 

‘‘PART D—NATIONAL ACTIVITIES TO IMPROVE EDUCATION OF CHILDREN

WITH DISABILITIES

‘‘Sec. 651. Findings. 

‘‘SUBPART 1—STATE PROFESSIONAL DEVELOPMENT GRANTS

‘‘Sec. 652. Purpose. 

‘‘Sec. 653. Eligibility and collaborative process. 

‘‘Sec. 654. Applications. 

‘‘Sec. 655. Use of funds. 

‘‘Sec. 656. State grant amounts. 

‘‘Sec. 657. Authorization of appropriations. 

SUBPART 2—SCIENTIFICALLY BASED RESEARCH; TECHNICAL ASSISTANCE; 

MODEL DEMONSTRATION PROJECTS; DISSEMINATION OF INFORMATION; AND

PERSONNEL PROGRAMS

‘‘Sec. 661. Purpose. 

‘‘Sec. 662. Administrative provisions. 

‘‘Sec. 663. Research to improve results for children with disabilities. 

‘‘Sec. 664. Technical assistance, demonstration projects, dissemination of information, and implementation of scientifically based research. 

‘‘Sec. 665. Personnel development to improve services and results for children 

with disabilities. 

‘‘Sec. 666. Studies and evaluations. 

‘‘Sec. 667. Authorization of appropriations.

‘‘SUBPART 3—SUPPORTS TO IMPROVE RESULTS FOR CHILDREN WITH

DISABILITIES

‘‘Sec. 671. Purposes. 

‘‘Sec. 672. Parent and community training and information centers. 

‘‘Sec. 673. Technical assistance for parent and community training and information centers. 

‘‘Sec. 674. Technology development, demonstration, and utilization; and media 

services.

1 ‘‘(c) FINDINGS.—Congress finds the following: 
4

•HR 1350 IH 

1 ‘‘(1) Disability is a natural part of the human 

2 experience and in no way diminishes the right of in3 dividuals to participate in or contribute to society. 

4 Improving educational results for children with dis5 abilities is an essential element of our national policy 

6 of ensuring equality of opportunity, full participa7 tion, independent living, and economic self-suffi8 ciency for individuals with disabilities. 

9 ‘‘(2) Before the date of the enactment of the 

10 Education for All Handicapped Children Act of 

11 1975 (Public Law 94–142) the special educational 

12 needs of millions of children with disabilities were 

13 not being fully met and there were many children 

14 with disabilities participating in regular school pro15 grams whose undiagnosed disabilities prevented 

16 them from having a successful educational experi17 ence. 

18 ‘‘(3) Since the enactment and implementation 

19 of the Education for All Handicapped Children Act 

20 of 1975, this Act has been successful in ensuring 

21 children with disabilities and the families of such 

22 children access to a free appropriate public edu23 cation and in improving educational results for chil24 dren with disabilities. 
5

•HR 1350 IH 

1 ‘‘(4) Over 25 years of research and experience 

2 has demonstrated that the education of children with 

3 disabilities can be made more effective by—

4 ‘‘(A) having high expectations for such 

5 children and ensuring their access to the gen6 eral education curriculum in the regular class7 room to the maximum extent possible in 

8 order—

9 ‘‘(i) to meet developmental goals and, 

10 to the maximum extent possible, the chal11 lenging expectations that have been estab12 lished for all children; and 

13 ‘‘(ii) to be prepared to lead productive 

14 and independent adult lives, to the max15 imum extent possible; 

16 ‘‘(B) strengthening the role and responsi17 bility of parents and ensuring that families of 

18 such children have meaningful opportunities to 

19 participate in the education of their children at 

20 school and at home; 

21 ‘‘(C) coordinating this Act with other local, 

22 State, and Federal school improvement efforts, 

23 including efforts under the Elementary and 

24 Secondary Education Act of 1965, in order to 

25 ensure that children with disabilities benefit 
6

•HR 1350 IH 

1 from such efforts and that special education 

2 can become a service for such children rather 

3 than a place where they are sent; 

4 ‘‘(D) supporting high-quality, intensive 

5 professional development for personnel who 

6 work with children with disabilities; 

7 ‘‘(E) providing incentives for scientifically 

8 based reading programs and pre-referral inter9 vention services to reduce the need to label chil10 dren as disabled in order to address their learn11 ing needs; 

12 ‘‘(F) focusing resources on teaching and 

13 learning while reducing paperwork and require14 ments that do not assist in improving edu15 cational results; and 

16 ‘‘(G) supporting the development and use 

17 of technology, including assistive technology de18 vices and services, to maximize accessibility for 

19 children with disabilities. 

20 ‘‘(5) While States, local educational agencies, 

21 and educational service agencies are primarily re22 sponsible for providing an education for all children 

23 with disabilities, it is in the national interest that 

24 the Federal Government have a supporting role in 

25 assisting State and local efforts to educate children 
7

•HR 1350 IH 

1 with disabilities in order to improve results for such 

2 children and to ensure equal protection of the law. 

3 ‘‘(6)(A) A more equitable allocation of resources 

4 is essential for the Federal Government to meet its 

5 responsibility to provide an equal educational oppor6 tunity for all individuals. 

7 ‘‘(B) America’s ethnic profile is rapidly chang8 ing. In the year 2000, nearly one of every three per9 sons in America was a member of a minority group 

10 or was limited English proficient. 

11 ‘‘(C) Minority children comprise an increasing 

12 percentage of public school students. 

13 ‘‘(D) With such changing demographics, re14 cruitment efforts for special education personnel 

15 should focus on increasing the participation of mi16 norities in the teaching profession. 

17 ‘‘(7)(A) Greater efforts are needed to prevent 

18 the intensification of problems connected with 

19 mislabeling and high dropout rates among minority 

20 children with disabilities. 

21 ‘‘(B) More minority children continue to be 

22 served in special education than would be expected 

23 from the percentage of minority students in the gen24 eral school population. 
8

•HR 1350 IH 

1 ‘‘(C) African-American children are overidenti2 fied as having mental retardation and emotional dis3 turbance at rates greater than their white counter4 parts. 

5 ‘‘(d) PURPOSES.—The purposes of this title are—

6 ‘‘(1)(A) to ensure that all children with disabil7 ities have available to them a free appropriate public 

8 education that emphasizes special education and re9 lated services designed to meet their unique needs 

10 and prepare them for further education, employ11 ment, and independent living; 

12 ‘‘(B) to ensure that the rights of children with 

13 disabilities and parents of such children are pro14 tected; and 

15 ‘‘(C) to assist States, localities, educational 

16 service agencies, and Federal agencies to provide for 

17 the education of all children with disabilities; 

18 ‘‘(2) to assist States in the implementation of 

19 a statewide, comprehensive, coordinated, multidisci20 plinary, interagency system of early intervention 

21 services for infants and toddlers with disabilities and 

22 their families; 

23 ‘‘(3) to ensure that educators and parents have 

24 the necessary tools to improve educational results for 

25 children with disabilities by supporting systemic-
9

•HR 1350 IH 

1 change activities; coordinated research and personnel 

2 preparation; coordinated technical assistance, dis3 semination, and support; and technology develop4 ment and media services; and 

5 ‘‘(4) to assess, and ensure the effectiveness of, 

6 efforts to educate children with disabilities. 

7 ‘‘SEC. 602. DEFINITIONS. 

8 ‘‘Except as otherwise provided, as used in this Act: 

9 ‘‘(1) ASSISTIVE TECHNOLOGY DEVICE.—The 

10 term ‘assistive technology device’ means any item, 

11 piece of equipment, or product system, whether ac12 quired commercially off the shelf, modified, or cus13 tomized, that is used to increase, maintain, or im14 prove functional capabilities of a child with a dis15 ability. 

16 ‘‘(2) ASSISTIVE TECHNOLOGY SERVICE.—The 

17 term ‘assistive technology service’ means any service 

18 that directly assists a child with a disability in the 

19 selection, acquisition, or use of an assistive tech20 nology device. Such term includes—

21 ‘‘(A) the evaluation of the needs of such 

22 child, including a functional evaluation of the 

23 child in the child’s customary environment; 
10

•HR 1350 IH 

1 ‘‘(B) purchasing, leasing, or otherwise pro2 viding for the acquisition of assistive technology 

3 devices by such child; 

4 ‘‘(C) selecting, designing, fitting, custom5 izing, adapting, applying, maintaining, repair6 ing, or replacing of assistive technology devices; 

7 ‘‘(D) coordinating and using other thera8 pies, interventions, or services with assistive 

9 technology devices, such as those associated 

10 with existing education and rehabilitation plans 

11 and programs; 

12 ‘‘(E) training or technical assistance for 

13 such child, or, where appropriate, the family of 

14 such child; and 

15 ‘‘(F) training or technical assistance for 

16 professionals (including individuals providing 

17 education and rehabilitation services), employ18 ers, or other individuals who provide services to, 

19 employ, or are otherwise substantially involved 

20 in the major life functions of such child. 

21 ‘‘(3) CHILD WITH A DISABILITY.—

22 ‘‘(A) IN GENERAL.—The term ‘child with a 

23 disability’ means a child—

24 ‘‘(i) with mental retardation, hearing 

25 impairments (including deafness), speech 
11

•HR 1350 IH 

1 or language impairments, visual impair2 ments (including blindness), serious emo3 tional disturbance (hereinafter referred to 

4 as ‘emotional disturbance’), orthopedic im5 pairments, autism, traumatic brain injury, 

6 other health impairments, or specific learn7 ing disabilities; and 

8 ‘‘(ii) who, by reason thereof, needs 

9 special education and related services. 

10 ‘‘(B) CHILD AGED 3 THROUGH 9.—The 

11 term ‘child with a disability ’ for a child aged 3 

12 through 9 or any subset of that age range, in13 cluding ages 3 through 5, may, at the discretion 

14 of the State and the local educational agency, 

15 include a child—

16 ‘‘(i) experiencing developmental 

17 delays, as defined by the State and as 

18 measured by appropriate diagnostic instru19 ments and procedures, in one or more of 

20 the following areas: physical development, 

21 cognitive development, communication de22 velopment, social or emotional develop23 ment, or adaptive development; and 

24 ‘‘(ii) who, by reason thereof, needs 

25 special education and related services. 
12

•HR 1350 IH 

1 ‘‘(4) EDUCATIONAL SERVICE AGENCY.—The 

2 term ‘educational service agency’—

3 ‘‘(A) means a regional public multiservice 

4 agency—

5 ‘‘(i) authorized by State law to de6 velop, manage, and provide services or pro7 grams to local educational agencies; and 

8 ‘‘(ii) recognized as an administrative 

9 agency for purposes of the provision of 

10 special education and related services pro11 vided within public elementary and sec12 ondary schools of the State; and 

13 ‘‘(B) includes any other public institution 

14 or agency having administrative control and di15 rection over a public elementary or secondary 

16 school. 

17 ‘‘(5) ELEMENTARY SCHOOL.—The term ‘ele18 mentary school’ means a nonprofit institutional day 

19 or residential school that provides elementary edu20 cation, as determined under State law. 

21 ‘‘(6) EQUIPMENT.—The term ‘equipment’ in22 cludes—

23 ‘‘(A) machinery, utilities, and built-in 

24 equipment and any necessary enclosures or 
13

•HR 1350 IH 

1 structures to house such machinery, utilities, or 

2 equipment; and 

3 ‘‘(B) all other items necessary for the 

4 functioning of a particular facility as a facility 

5 for the provision of educational services, includ6 ing items such as instructional equipment and 

7 necessary furniture; printed, published, and 

8 audio-visual instructional materials; tele9 communications, sensory, and other techno10 logical aids and devices; and books, periodicals, 

11 documents, and other related materials. 

12 ‘‘(7) EXCESS COSTS.—The term ‘excess costs’ 

13 means those costs that are in excess of the average 

14 annual per-student expenditure in a local edu15 cational agency during the preceding school year for 

16 an elementary or secondary school student, as may 

17 be appropriate, and which shall be computed after 

18 deducting—

19 ‘‘(A) amounts received—

20 ‘‘(i) under part B of this title; 

21 ‘‘(ii) under part A of title I of the El22 ementary and Secondary Education Act of 

23 1965; and 

24 ‘‘(iii) under title III of that Act; and 
14

•HR 1350 IH 

1 ‘‘(B) any State or local funds expended for 

2 programs that would qualify for assistance 

3 under any of the provisions of law described in 

4 subparagraph (A). 

5 ‘‘(8) FREE APPROPRIATE PUBLIC EDU6 CATION.—The term ‘free appropriate public edu7 cation’ means special education and related services 

8 that—

9 ‘‘(A) have been provided at public expense, 

10 under public supervision and direction, and 

11 without charge; 

12 ‘‘(B) meet the standards of the State edu13 cational agency; 

14 ‘‘(C) include an appropriate preschool, ele15 mentary, or secondary school education in the 

16 State involved; and 

17 ‘‘(D) are provided in conformity with the 

18 individualized education program required 

19 under section 614(d). 

20 ‘‘(9) HIGHLY QUALIFIED.—The term ‘highly 

21 qualified’ has the same meaning as that term in sec22 tion 9101 of the Elementary and Secondary Edu23 cation Act of 1965. 

24 ‘‘(10) INDIAN.—The term ‘Indian’ means an in25 dividual who is a member of an Indian tribe. 
15

•HR 1350 IH 

1 ‘‘(11) INDIAN TRIBE.—The term ‘Indian tribe’ 

2 means any Federal or State Indian tribe, band, 

3 rancheria, pueblo, colony, or community, including 

4 any Alaska Native village or regional village corpora5 tion (as defined in or established under the Alaska 

6 Native Claims Settlement Act). 

7 ‘‘(12) INDIVIDUALIZED EDUCATION PRO8 GRAM.—The term ‘individualized education program’ 

9 or ‘IEP’ means a written statement for each child 

10 with a disability that is developed, reviewed, and re11 vised in accordance with section 614(d). 

12 ‘‘(13) INDIVIDUALIZED FAMILY SERVICE

13 PLAN.—The term ‘individualized family service plan’ 

14 has the meaning given such term in section 636. 

15 ‘‘(14) INFANT OR TODDLER WITH A DIS16 ABILITY.—The term ‘infant or toddler with a dis17 ability ’ has the meaning given such term in section 

18 632. 

19 ‘‘(15) INSTITUTION OF HIGHER EDUCATION.—

20 The term ‘institution of higher education’—

21 ‘‘(A) has the meaning given that term in 

22 section 101(a) of the Higher Education Act of 

23 1965; and 

24 ‘‘(B) also includes any community college 

25 receiving funding from the Secretary of the In-
16

•HR 1350 IH 

1 terior under the Tribally Controlled Community 

2 College Assistance Act of 1978. 

3 ‘‘(16) LOCAL EDUCATIONAL AGENCY.—

4 ‘‘(A) The term ‘local educational agency’ 

5 means a public board of education or other pub6 lic authority legally constituted within a State 

7 for either administrative control or direction of, 

8 or to perform a service function for, public ele9 mentary or secondary schools in a city, county, 

10 township, school district, or other political sub11 division of a State, or for such combination of 

12 school districts or counties as are recognized in 

13 a State as an administrative agency for its pub14 lic elementary or secondary schools. 

15 ‘‘(B) The term includes—

16 ‘‘(i) an educational service agency, as 

17 defined in paragraph (4); and 

18 ‘‘(ii) any other public institution or 

19 agency having administrative control and 

20 direction of a public elementary or sec21 ondary school. 

22 ‘‘(C) The term includes an elementary or 

23 secondary school funded by the Bureau of In24 dian Affairs, but only to the extent that such 

25 inclusion makes the school eligible for programs 
17

•HR 1350 IH 

1 for which specific eligibility is not provided to 

2 the school in another provision of law and the 

3 school does not have a student population that 

4 is smaller than the student population of the 

5 local educational agency receiving assistance 

6 under this Act with the smallest student popu7 lation, except that the school shall not be sub8 ject to the jurisdiction of any State educational 

9 agency other than the Bureau of Indian Affairs. 

10 ‘‘(17) NATIVE LANGUAGE.—The term ‘native 

11 language’, when used with reference to an individual 

12 of limited English proficiency, means the language 

13 normally used by the individual, or in the case of a 

14 child, the language normally used by the parents of 

15 the child. 

16 ‘‘(18) NONPROFIT.—The term ‘nonprofit’, as 

17 applied to a school, agency, organization, or institu18 tion, means a school, agency, organization, or insti19 tution owned and operated by one or more nonprofit 

20 corporations or associations no part of the net earn21 ings of which inures, or may lawfully inure, to the 

22 benefit of any private shareholder or individual. 

23 ‘‘(19) OUTLYING AREA.—The term ‘outlying 

24 area’ means the United States Virgin Islands, 
18

•HR 1350 IH 

1 Guam, American Samoa, and the Commonwealth of 

2 the Northern Mariana Islands. 

3 ‘‘(20) PARENT.—The term ‘parent’—

4 ‘‘(A) includes a legal guardian; and 

5 ‘‘(B) except as used in sections 615(b)(2) 

6 and 639(a)(5), includes an individual assigned 

7 under either of those sections to be a surrogate 

8 parent. 

9 ‘‘(21) PARENT ORGANIZATION.—The term ‘par10 ent organization’ has the meaning given that term in 

11 section 671(g). 

12 ‘‘(22) PARENT AND COMMUNITY TRAINING AND

13 INFORMATION CENTER.—The term ‘parent and com14 munity training and information center’ means a 

15 center assisted under section 671. 

16 ‘‘(23) RELATED SERVICES.—The term ‘related 

17 services’ means transportation, and such develop18 mental, corrective, and other supportive services (in19 cluding speech-language pathology and audiology 

20 services, psychological services, physical and occupa21 tional therapy, recreation, including therapeutic 

22 recreation, social work services, counseling services, 

23 including rehabilitation counseling, orientation and 

24 mobility services, and medical services, except that 

25 such medical services shall be for diagnostic and 
19

•HR 1350 IH 

1 evaluation purposes only) as may be required to as2 sist a child with a disability to benefit from special 

3 education, and includes the early identification and 

4 assessment of disabling conditions in children. 

5 ‘‘(24) SECONDARY SCHOOL.—The term ‘sec6 ondary school’ means a nonprofit institutional day or 

7 residential school that provides secondary education, 

8 as determined under State law, except that it does 

9 not include any education beyond grade 12. 

10 ‘‘(25) SECRETARY.—The term ‘Secretary’ 

11 means the Secretary of Education. 

12 ‘‘(26) SPECIAL EDUCATION.—The term ‘special 

13 education’ means specially designed instruction, at 

14 no cost to parents, to meet the unique needs of a 

15 child with a disability, including—

16 ‘‘(A) instruction conducted in the class17 room, in the home, in hospitals and institutions, 

18 and in other settings; and 

19 ‘‘(B) instruction in physical education. 

20 ‘‘(27) SPECIFIC LEARNING DISABILITY.—

21 ‘‘(A) IN GENERAL.—The term ‘specific 

22 learning disability ’ means a disorder in one or 

23 more of the basic psychological processes in24 volved in understanding or in using language, 

25 spoken or written, which disorder may manifest 
20

•HR 1350 IH 

1 itself in imperfect ability to listen, think, speak, 

2 read, write, spell, or do mathematical calcula3 tions. 

4 ‘‘(B) DISORDERS INCLUDED.—Such term 

5 includes such conditions as perceptual disabil6 ities, brain injury, minimal brain dysfunction, 

7 dyslexia, and developmental aphasia. 

8 ‘‘(C) DISORDERS NOT INCLUDED.—Such 

9 term does not include a learning problem that 

10 is primarily the result of visual, hearing, or 

11 motor disabilities, of mental retardation, of 

12 emotional disturbance, or of environmental, cul13 tural, or economic disadvantage. 

14 ‘‘(28) STATE.—The term ‘State’ means each of 

15 the 50 States, the District of Columbia, the Com16 monwealth of Puerto Rico, and each of the outlying 

17 areas. 

18 ‘‘(29) STATE EDUCATIONAL AGENCY.—The 

19 term ‘State educational agency’ means the State 

20 board of education or other agency or officer pri21 marily responsible for the State supervision of public 

22 elementary and secondary schools, or, if there is no 

23 such officer or agency, an officer or agency des24 ignated by the Governor or by State law. 
21

•HR 1350 IH 

1 ‘‘(30) SUPPLEMENTARY AIDS AND SERVICES.—

2 The term ‘supplementary aids and services’ means 

3 aids, services, and other supports that are provided 

4 in regular education classes or other education-re5 lated settings to enable children with disabilities to 

6 be educated with nondisabled children to the max7 imum extent appropriate in accordance with section 

8 612(a)(5). 

9 ‘‘(31) TRANSITION SERVICES.—The term ‘tran10 sition services’ means a coordinated set of activities 

11 for a child with a disability that—

12 ‘‘(A) is designed within a results-oriented 

13 process, that is focused on improving the aca14 demic and developmental achievement of the 

15 child with a disability to facilitate the child’s 

16 move from school to post-school activities, in17 cluding post-secondary education, vocational 

18 training, integrated employment (including sup19 ported employment), continuing and adult edu20 cation, adult services, independent living, or 

21 community participation; 

22 ‘‘(B) is based upon the individual child’s 

23 needs, taking into account the child’s skills, 

24 preferences, and interests; and 
22

•HR 1350 IH 

1 ‘‘(C) includes instruction, related services, 

2 community experiences, the development of em3 ployment and other post-school adult living ob4 jectives, and, when appropriate, acquisition of 

5 daily living skills and functional vocational eval6 uation. 

7 ‘‘SEC. 603. OFFICE OF SPECIAL EDUCATION PROGRAMS. 

8 ‘‘(a) ESTABLISHMENT.—There shall be, within the 

9 Office of Special Education and Rehabilitative Services in 

10 the Department of Education, an Office of Special Edu11 cation Programs, which shall be the principal agency in 

12 such Department for administering and carrying out this 

13 Act and other programs and activities concerning the edu14 cation of children with disabilities. 

15 ‘‘(b) DIRECTOR.—The Office established under sub16 section (a) shall be headed by a Director who shall be se17 lected by the Secretary and shall report directly to the As18 sistant Secretary for Special Education and Rehabilitative 

19 Services. 

20 ‘‘(c) VOLUNTARY AND UNCOMPENSATED SERV21 ICES.—Notwithstanding section 1342 of title 31, United 

22 States Code, the Secretary is authorized to accept vol23 untary and uncompensated services in furtherance of the 

24 purposes of this Act.’’. 
23

•HR 1350 IH 

1 SEC. 102. SECTIONS 605 THROUGH 607 OF THE INDIVIDUALS 

2 WITH DISABILITIES EDUCATION ACT. 

3 Sections 605 through 607 of the Individuals with 

4 Disabilities Education Act (20 U.S.C. 1404–1406) are 

5 amended to read as follows: 

6 ‘‘SEC. 605. ACQUISITION OF EQUIPMENT; CONSTRUCTION 

7 OR ALTERATION OF FACILITIES. 

8 ‘‘(a) IN GENERAL.—If the Secretary determines that 

9 a program authorized under this Act would be improved 

10 by permitting program funds to be used to acquire appro11 priate equipment, or to construct new facilities or alter 

12 existing facilities, the Secretary is authorized to allow the 

13 use of those funds for those purposes. 

14 ‘‘(b) COMPLIANCE WITH CERTAIN REGULATIONS.—

15 Any construction of new facilities or alteration of existing 

16 facilities under subsection (a) shall comply with the re17 quirements of—

18 ‘‘(1) appendix A of part 36 of title 28, Code of 

19 Federal Regulations (commonly known as the 

20 ‘Americans with Disabilities Accessibility Guidelines 

21 for Buildings and Facilities’); or 

22 ‘‘(2) appendix A of part 101-19.6 of title 41, 

23 Code of Federal Regulations (commonly known as 

24 the ‘Uniform Federal Accessibility Standards’). 
24

•HR 1350 IH 

1 ‘‘SEC. 606. EMPLOYMENT OF INDIVIDUALS WITH DISABIL2 ITIES. 

3 ‘‘The Secretary shall ensure that each recipient of as4 sistance under this Act makes positive efforts to employ 

5 and advance in employment qualified individuals with dis6 abilities in programs assisted under this Act. 

7 ‘‘SEC. 607. REQUIREMENTS FOR PRESCRIBING REGULA8 TIONS. 

9 ‘‘(a) IN GENERAL.—The Secretary may issue such 

10 regulations as are reasonably necessary to ensure that 

11 there is compliance with this Act. 

12 ‘‘(b) PROTECTIONS PROVIDED TO CHILDREN.—The 

13 Secretary may not implement, or publish in final form, 

14 any regulation prescribed pursuant to this Act that 

15 would—

16 ‘‘(1) violate or contradict any provision of this 

17 Act; and 

18 ‘‘(2) procedurally or substantively lessen the 

19 protections provided to children with disabilities 

20 under this Act, as embodied in regulations in effect 

21 on July 20, 1983 (particularly as such protections 

22 relate to parental consent to initial evaluation or ini23 tial placement in special education, least restrictive 

24 environment, related services, timelines, attendance 

25 of evaluation personnel at individualized education 

26 program meetings, or qualifications of personnel), 
25

•HR 1350 IH 

1 except to the extent that such regulation reflects the 

2 clear and unequivocal intent of the Congress in legis3 lation. 

4 ‘‘(c) PUBLIC COMMENT PERIOD.—The Secretary 

5 shall provide a public comment period of at least 30 days 

6 on any regulation proposed under part B or part C of this 

7 Act on which an opportunity for public comment is other8 wise required by law. 

9 ‘‘(d) POLICY LETTERS AND STATEMENTS.—The Sec10 retary may not issue policy letters or other statements (in11 cluding on issues of national significance) that—

12 ‘‘(1) would violate or contradict any provision of 

13 this Act; or 

14 ‘‘(2) establish a rule that is required for compli15 ance with, and eligibility under, this Act without fol16 lowing the requirements of section 553 of title 5, 

17 United States Code. 

18 ‘‘(e) CORRESPONDENCE FROM DEPARTMENT OF

19 EDUCATION DESCRIBING INTERPRETATIONS OF THIS

20 PART.—

21 ‘‘(1) IN GENERAL.—The Secretary shall, on a 

22 quarterly basis, publish in the Federal Register, and 

23 widely disseminate to interested entities through var24 ious additional forms of communication, a list of 

25 correspondence from the Department of Education 
26

•HR 1350 IH 

1 received by individuals during the previous quarter 

2 that describes the interpretations of the Department 

3 of Education of this Act or the regulations imple4 mented pursuant to this Act. 

5 ‘‘(2) ADDITIONAL INFORMATION.—For each 

6 item of correspondence published in a list under 

7 paragraph (1), the Secretary shall—

8 ‘‘(A) identify the topic addressed by the 

9 correspondence and shall include such other 

10 summary information as the Secretary deter11 mines to be appropriate; and 

12 ‘‘(B) ensure that all such correspondence 

13 is issued, where applicable, in compliance with 

14 section 553 of title 5, United States Code. 

15 ‘‘(f) EXPLANATION AND ASSURANCES.—Any written 

16 response by the Secretary under subsection (e) regarding 

17 a policy, question, or interpretation under this Act shall 

18 include an explanation in the written response that the 

19 response—

20 ‘‘(1) is provided as informal guidance and is not 

21 legally binding; 

22 ‘‘(2) is issued, when required, in compliance 

23 with the requirements of section 553 of title 5, 

24 United States Code; and 
27

•HR 1350 IH 

1 ‘‘(3) represents only the interpretation by the 

2 Department of Education of the applicable statutory 

3 or regulatory requirements in the context of the spe4 cific facts presented in the original question and is 

5 not persuasive or binding as to any other set of 

6 facts.’’. 

7 SEC. 103. SECTIONS 608 AND 609 OF THE INDIVIDUALS WITH 

8 DISABILITIES EDUCATION ACT. 

9 Part A of the Individuals with Disabilities Education 

10 Act (20 U.S.C. 1400 et seq.) is amended by adding at 

11 the end the following:

12 ‘‘SEC. 608. STATE ADMINISTRATION. 

13 ‘‘(a) RULEMAKING.—Each State that receives funds 

14 under this Act shall—

15 ‘‘(1) ensure that any State rules, regulations, 

16 and policies relating to this Act conform to the pur17 poses of this Act; 

18 ‘‘(2) minimize the number of rules, regulations, 

19 and policies to which the State’s local educational 

20 agencies and schools are subject relating to this Act; 

21 and 

22 ‘‘(3) identify in writing to its local educational 

23 agencies and the Secretary any such rule, regulation, 

24 or policy as a State-imposed requirement that is not 

25 required by this Act and Federal regulations. 
28

•HR 1350 IH 

1 ‘‘(b) SUPPORT AND FACILITATION.—All State rules, 

2 regulations, and policies relating to this Act shall support 

3 and facilitate local educational agency and school-level sys4 temic reform designed to enable children with disabilities 

5 to meet the challenging State student academic achieve6 ment standards. 

7 ‘‘SEC. 609. GAO REVIEW; REPORT. 

8 ‘‘(a) REVIEW.—The Comptroller General shall con9 duct a review of all Federal requirements under this Act, 

10 and the requirements of a reasonable sample of State and 

11 local educational agencies relating to this Act, to deter12 mine which requirements result in excessive paperwork 

13 completion burdens for teachers, related services pro14 viders, and school administrators. 

15 ‘‘(b) REPORT.—Not later than 2 years after the date 

16 of the enactment of the Improving Education Results for 

17 Children With Disabilities Act of 2003, the Comptroller 

18 General shall prepare and submit to Congress a report 

19 that contains the results of the review under subsection 

20 (a).’’. 
29

•HR 1350 IH 

1 TITLE II—ASSISTANCE FOR EDU2 CATION OF ALL CHILDREN 

3 WITH DISABILITIES 

4 SEC. 201. AUTHORIZATION; ALLOTMENT; USE OF FUNDS; 

5 AUTHORIZATION OF APPROPRIATIONS. 

6 Section 611 of the Individuals with Disabilities Edu7 cation Act (20 U.S.C. 1411) is amended to read as follows: 

8 ‘‘SEC. 611. AUTHORIZATION; ALLOTMENT; USE OF FUNDS; 

9 AUTHORIZATION OF APPROPRIATIONS. 

10 ‘‘(a) GRANTS TO STATES.—

11 ‘‘(1) PURPOSE OF GRANTS.—The Secretary 

12 shall make grants to States and the outlying areas, 

13 and provide funds to the Secretary of the Interior, 

14 to assist them to provide special education and re15 lated services to children with disabilities in accord16 ance with this part.

17 ‘‘(2) MAXIMUM AMOUNTS.—The maximum 

18 amount of the grant a State may receive under this 

19 section for any fiscal year is—

20 ‘‘(A) the number of children with disabil21 ities in the State who are receiving special edu22 cation and related services—

23 ‘‘(i) aged 3 through 5 if the State is 

24 eligible for a grant under section 619; and 

25 ‘‘(ii) aged 6 through 21; multiplied by 
30

•HR 1350 IH 

1 ‘‘(B) 40 percent of the average per-pupil 

2 expenditure in public elementary and secondary 

3 schools in the United States. 

4 ‘‘(3) LIMITATION.—Notwithstanding subpara5 graphs (A) and (B) of paragraph (2), the maximum 

6 amount of the grant a State may receive under this 

7 section for a fiscal year may not be based on the 

8 number of children ages 3 through 17, inclusive, in 

9 excess of 12 percent of the number of all children 

10 in that age range in the State. 

11 ‘‘(b) OUTLYING AREAS.—

12 ‘‘(1) FUNDS RESERVED.—From the amount ap13 propriated for any fiscal year under subsection (j), 

14 the Secretary shall reserve not more than one per15 cent, which shall be used to provide assistance to the 

16 outlying areas in accordance with their respective 

17 populations of individuals aged 3 through 21. 

18 ‘‘(2) SPECIAL RULE.—The provisions of Public 

19 Law 95–134, permitting the consolidation of grants 

20 by the outlying areas, shall not apply to funds pro21 vided to those areas under this section. 

22 ‘‘(c) SECRETARY OF THE INTERIOR.—From the 

23 amount appropriated for any fiscal year under subsection 

24 (j), the Secretary shall reserve 1.226 percent to provide 
31

•HR 1350 IH 

1 assistance to the Secretary of the Interior in accordance 

2 with subsection (i). 

3 ‘‘(d) ALLOCATIONS TO STATES.—

4 ‘‘(1) IN GENERAL.—After reserving funds for 

5 payments to the outlying areas and the Secretary of 

6 the Interior under subsections (b) and (c), the Sec7 retary shall allocate the remaining amount among 

8 the States in accordance with this subsection. 

9 ‘‘(2) SPECIAL RULE FOR USE OF FISCAL YEAR

10 1999 AMOUNT.—If a State does not make a free ap11 propriate public education available to all children 

12 with disabilities aged 3 through 5 in the State in 

13 any fiscal year, the Secretary shall compute the 

14 State’s amount for fiscal year 1999, solely for the 

15 purpose of calculating the State’s allocation in the 

16 subsequent year under paragraph (3) or (4), by sub17 tracting the amount allocated to the State for fiscal 

18 year 1999 on the basis of those children. 

19 ‘‘(3) INCREASE IN FUNDS.—If the amount 

20 available for allocations to States under paragraph 

21 (1) is greater than the amount allocated to the 

22 States under this paragraph for the preceding fiscal 

23 year, those allocations shall be calculated as follows: 

24 ‘‘(A)(i) Except as provided in subpara25 graph (B), the Secretary shall allocate—
32

•HR 1350 IH 

1 ‘‘(I) to each State the amount it re2 ceived for fiscal year 1999; 

3 ‘‘(II) 85 percent of any remaining 

4 funds to States on the basis of their rel5 ative populations of children aged 3 

6 through 21 who are of the same age as 

7 children with disabilities for whom the 

8 State ensures the availability of a free ap9 propriate public education under this part; 

10 and 

11 ‘‘(III) 15 percent of those remaining 

12 funds to States on the basis of their rel13 ative populations of children described in 

14 subclause (II) who are living in poverty. 

15 ‘‘(ii) For the purpose of making grants 

16 under this paragraph, the Secretary shall use 

17 the most recent population data, including data 

18 on children living in poverty, that are available 

19 and satisfactory to the Secretary. 

20 ‘‘(B) Notwithstanding subparagraph (A), allo21 cations under this paragraph shall be subject to the 

22 following: 

23 ‘‘(i) No State’s allocation shall be less 

24 than its allocation for the preceding fiscal 

25 year. 
33

•HR 1350 IH 

1 ‘‘(ii) No State’s allocation shall be less 

2 than the greatest of—

3 ‘‘(I) the sum of—

4 ‘‘(aa) the amount it received 

5 for fiscal year 1999; and 

6 ‘‘(bb) one third of one per7 cent of the amount by which the 

8 amount appropriated under sub9 section (j) exceeds the amount 

10 appropriated under this section 

11 for fiscal year 1999; 

12 ‘‘(II) the sum of—

13 ‘‘(aa) the amount it received 

14 for the preceding fiscal year; and 

15 ‘‘(bb) that amount multi16 plied by the percentage by which 

17 the increase in the funds appro18 priated from the preceding fiscal 

19 year exceeds 1.5 percent; or 

20 ‘‘(III) the sum of—

21 ‘‘(aa) the amount it received 

22 for the preceding fiscal year; and 

23 ‘‘(bb) that amount multi24 plied by 90 percent of the per25 centage increase in the amount 
34

•HR 1350 IH 

1 appropriated from the preceding 

2 fiscal year. 

3 ‘‘(iii) Notwithstanding clause (ii), no 

4 State’s allocation under this paragraph 

5 shall exceed the sum of—

6 ‘‘(I) the amount it received for 

7 the preceding fiscal year; and 

8 ‘‘(II) that amount multiplied by 

9 the sum of 1.5 percent and the per10 centage increase in the amount appro11 priated. 

12 ‘‘(C) If the amount available for allocations 

13 under this paragraph is insufficient to pay 

14 those allocations in full, those allocations shall 

15 be ratably reduced, subject to subparagraph 

16 (B)(i). 

17 ‘‘(4) DECREASE IN FUNDS.—If the amount 

18 available for allocations to States under paragraph 

19 (1) is less than the amount allocated to the States 

20 under this section for the preceding fiscal year, those 

21 allocations shall be calculated as follows: 

22 ‘‘(A) If the amount available for allocations 

23 is greater than the amount allocated to the 

24 States for fiscal year 1999, each State shall be 

25 allocated the sum of—
35

•HR 1350 IH 

1 (i) the amount it received for fiscal 

2 year 1999; and 

3 (ii) an amount that bears the same re4 lation to any remaining funds as the in5 crease the State received for the preceding 

6 fiscal year over fiscal year 1999 bears to 

7 the total of all such increases for all 

8 States. 

9 ‘‘(B)(i) If the amount available for alloca10 tions is equal to or less than the amount allo11 cated to the States for fiscal year 1999, each 

12 State shall be allocated the amount it received 

13 for fiscal year 1999. 

14 ‘‘(ii) If the amount available is insufficient 

15 to make the allocations described in clause (i), 

16 those allocations shall be ratably reduced. 

17 ‘‘(f) STATE-LEVEL ACTIVITIES.—

18 ‘‘(1) STATE ADMINISTRATION.—

19 ‘‘(A) IN GENERAL.—For the purpose of 

20 administering this part, including section 619 

21 (and including the coordination of activities 

22 under this part with, and providing technical 

23 assistance to, other programs that provide serv24 ices to children with disabilities)—
36

•HR 1350 IH 

1 ‘‘(i) each State may retain not more 

2 than 2 percent of the amount the State re3 ceives under subsection (e) for each fiscal 

4 year or $550,000 (adjusted by the cumu5 lative rate of inflation since fiscal year 

6 2003, as measured by the percentage in7 crease, if any, in the Consumer Price 

8 Index For All Urban Consumers, published 

9 by the Bureau of Labor Statistics of the 

10 Department of Labor), whichever is great11 er; and 

12 ‘‘(ii) each outlying area may use up to 

13 five percent of the amount it receives 

14 under subsection (b) for any fiscal year or 

15 $35,000, whichever is greater. 

16 ‘‘(B) ADMINISTRATION OF PART C.—

17 Funds described in subparagraph (A) may be 

18 used for the administration of part C of this 

19 Act, if the State educational agency is the lead 

20 agency for the State under that part. 

21 ‘‘(C) MONITORING, ENFORCEMENT, AND

22 COMPLAINT INVESTIGATION.—Funds described 

23 in subparagraph (A) shall be used for the costs 

24 of monitoring, enforcement, and complaint in25 vestigation. 
37

•HR 1350 IH 

1 ‘‘(2) OTHER STATE-LEVEL ACTIVITIES.—For 

2 the purpose of providing State-level activities that 

3 benefit children with disabilities, each State may re4 tain up to 6 percent of the amount described in sub5 section (e) for any of the following: 

6 ‘‘(A) Support and direct services, including 

7 technical assistance and personnel development 

8 and training. 

9 ‘‘(B) To establish and implement the early 

10 dispute resolution, mediation, and voluntary 

11 binding arbitration processes required by sec12 tion 612(a)(18) and 615(e), including providing 

13 for the costs of mediators and arbitrators and 

14 support personnel. 

15 ‘‘(C) To assist local educational agencies in 

16 meeting personnel shortages. 

17 ‘‘(D) Activities at the State and local levels 

18 to meet the performance goals established by 

19 the State under section 612(a)(16) and to sup20 port implementation of the State Plan under 

21 subpart 1 of part D if the State receives funds 

22 under that subpart. 

23 ‘‘(E) To support paperwork reduction ac24 tivities, including expanding the appropriate use 
38

•HR 1350 IH 

1 of technology in the IEP process under this 

2 part. 

3 ‘‘(F) To develop and maintain a coordi4 nated, comprehensive, educational support sys5 tem for students in kindergarten through grade 

6 12 (with a particular emphasis on students in 

7 kindergarten through grade 3) who are not en8 rolled in special education but who need addi9 tional academic and behavioral support to suc10 ceed in a general education environment. 

11 ‘‘(G) To support capacity building activi12 ties and improve the delivery of services by local 

13 educational agencies to improve results for chil14 dren with disabilities. 

15 ‘‘(H) To provide technical assistance, or 

16 direct services, to local educational agencies 

17 identified as being in need of improvement 

18 under section 1116 of the Elementary and Sec19 ondary Education Act of 1965 as a result of 

20 the disaggregated subgroup of students with 

21 disabilities. 

22 ‘‘(3) STATE COST-SHARING.—Each State may 

23 retain up to 4 percent of the amount described in 

24 subsection (e) to establish and implement cost or 

25 risk sharing funds, consortiums, or cooperatives to 
39

•HR 1350 IH 

1 assist local educational agencies in providing high 

2 cost special education and related services. 

3 ‘‘(4) CONDITION.—A State may use funds it re4 tains under this section without regard to the prohi5 bition on—

6 ‘‘(A) commingling of funds in section 

7 612(a)(18)(B); and 

8 ‘‘(B) supplanting other funds in section 

9 612(a)(18)(C). 

10 ‘‘(5) REPORT ON USE OF FUNDS.—As part of 

11 the information required to be submitted to the Sec12 retary under section 612, each State shall annually 

13 describe how amounts under this subsection—

14 ‘‘(A) will be used to meet the requirements 

15 of this part; and 

16 ‘‘(B) will be allocated among the activities 

17 described in this section to meet State priorities 

18 based on input from local educational agencies. 

19 ‘‘(g) SUBGRANTS TO LOCAL EDUCATIONAL AGEN20 CIES.—

21 ‘‘(1) SUBGRANTS REQUIRED.—Each State that 

22 receives a grant under this section for any fiscal 

23 year shall distribute any funds it does not retain 

24 under subsection (f) (at least 88 percent of the 

25 grant funds) to local educational agencies, including 
40

•HR 1350 IH 

1 public charter schools that operate as local edu2 cational agencies, in the State that have established 

3 their eligibility under section 613, for use in accord4 ance with this part. 

5 ‘‘(2) PROCEDURE FOR ALLOCATIONS TO LOCAL

6 EDUCATIONAL AGENCIES.—For each fiscal year for 

7 which funds are allocated to States under subsection 

8 (e), each State shall allocate funds under paragraph 

9 (1) as follows: 

10 ‘‘(A) BASE PAYMENTS.—The State shall 

11 first award each agency described in paragraph 

12 (1) the amount that agency would have received 

13 under this section for fiscal year 1999, if the 

14 State had distributed 75 percent of its grant for 

15 that year under section 611(d), as then in ef16 fect. 

17 ‘‘(B) ALLOCATION OF REMAINING

18 FUNDS.—After making allocations under sub19 paragraph (A), the State shall—

20 ‘‘(i) allocate 85 percent of any re21 maining funds to those agencies on the 

22 basis of the relative numbers of children 

23 enrolled in public and private elementary 

24 and secondary schools within the agency’s 

25 jurisdiction; and 
41

•HR 1350 IH 

1 ‘‘(ii) allocate 15 percent of those re2 maining funds to those agencies in accord3 ance with their relative numbers of chil4 dren living in poverty, as determined by 

5 the State educational agency. 

6 ‘‘(3) REALLOCATION OF FUNDS.—If a State 

7 educational agency determines that a local edu8 cational agency is adequately providing a free appro9 priate public education to all children with disabil10 ities residing in the area served by that agency with 

11 State and local funds, the State educational agency 

12 may reallocate any portion of the funds under this 

13 part that are not needed by that local agency to pro14 vide a free appropriate public education to other 

15 local educational agencies in the State that are not 

16 adequately providing special education and related 

17 services to all children with disabilities residing in 

18 the areas they serve. 

19 ‘‘(h) DEFINITIONS.—For the purpose of this sec20 tion—

21 ‘‘(1) the term ‘average per-pupil expenditure in 

22 public elementary and secondary schools in the 

23 United States’ means—

24 ‘‘(A) without regard to the source of 

25 funds—
42

•HR 1350 IH 

1 ‘‘(i) the aggregate current expendi2 tures, during the second fiscal year pre3 ceding the fiscal year for which the deter4 mination is made (or, if satisfactory data 

5 for that year are not available, during the 

6 most recent preceding fiscal year for which 

7 satisfactory data are available) of all local 

8 educational agencies in the 50 States and 

9 the District of Columbia); plus 

10 ‘‘(ii) any direct expenditures by the 

11 State for the operation of those agencies; 

12 divided by 

13 ‘‘(B) the aggregate number of children in 

14 average daily attendance to whom those agen15 cies provided free public education during that 

16 preceding year; and 

17 ‘‘(2) the term ‘State’ means each of the 50 

18 States, the District of Columbia, and the Common19 wealth of Puerto Rico. 

20 ‘‘(i) USE OF AMOUNTS BY SECRETARY OF THE INTE21 RIOR.—

22 ‘‘(1) PROVISION OF AMOUNTS FOR ASSIST23 ANCE.—

24 ‘‘(A) IN GENERAL.—The Secretary of Edu25 cation shall provide amounts to the Secretary of 
43

•HR 1350 IH 

1 the Interior to meet the need for assistance for 

2 the education of children with disabilities on 

3 reservations aged 5 to 21, inclusive, enrolled in 

4 elementary and secondary schools for Indian 

5 children operated or funded by the Secretary of 

6 the Interior. The amount of such payment for 

7 any fiscal year shall be equal to 80 percent of 

8 the amount allotted under subsection (c) for 

9 that fiscal year. 

10 ‘‘(B) CALCULATION OF NUMBER OF CHIL11 DREN.—In the case of Indian students aged 3 

12 to 5, inclusive, who are enrolled in programs af13 filiated with the Bureau of Indian Affairs (here14 after in this subsection referred to as ‘BIA’) 

15 schools and that are required by the States in 

16 which such schools are located to attain or 

17 maintain State accreditation, and which schools 

18 have such accreditation prior to the date of en19 actment of the Individuals with Disabilities 

20 Education Act Amendments of 1991, the school 

21 shall be allowed to count those children for the 

22 purpose of distribution of the funds provided 

23 under this paragraph to the Secretary of the 

24 Interior. The Secretary of the Interior shall be 

25 responsible for meeting all of the requirements 
44

•HR 1350 IH 

1 of this part for these children, in accordance 

2 with paragraph (2). 

3 ‘‘(C) ADDITIONAL REQUIREMENT.—With 

4 respect to all other children aged 3 to 21, inclu5 sive, on reservations, the State educational 

6 agency shall be responsible for ensuring that all 

7 of the requirements of this part are imple8 mented. 

9 ‘‘(2) SUBMISSION OF INFORMATION.—The Sec10 retary of Education may provide the Secretary of 

11 the Interior amounts under paragraph (1) for a fis12 cal year only if the Secretary of the Interior submits 

13 to the Secretary of Education information that—

14 ‘‘(A) demonstrates that the Department of 

15 the Interior meets the appropriate require16 ments, as determined by the Secretary of Edu17 cation, of sections 612 (including monitoring 

18 and evaluation activities) and 613; 

19 ‘‘(B) includes a description of how the Sec20 retary of the Interior will coordinate the provi21 sion of services under this part with local edu22 cational agencies, tribes and tribal organiza23 tions, and other private and Federal service 

24 providers; 
45

•HR 1350 IH 

1 ‘‘(C) includes an assurance that there are 

2 public hearings, adequate notice of such hear3 ings, and an opportunity for comment afforded 

4 to members of tribes, tribal governing bodies, 

5 and affected local school boards before the 

6 adoption of the policies, programs, and proce7 dures described in subparagraph (A); 

8 ‘‘(D) includes an assurance that the Sec9 retary of the Interior will provide such informa10 tion as the Secretary of Education may require 

11 to comply with section 618; 

12 ‘‘(E) includes an assurance that the Sec13 retary of the Interior and the Secretary of 

14 Health and Human Services have entered into 

15 a memorandum of agreement, to be provided to 

16 the Secretary of Education, for the coordination 

17 of services, resources, and personnel between 

18 their respective Federal, State, and local offices 

19 and with State and local educational agencies 

20 and other entities to facilitate the provision of 

21 services to Indian children with disabilities re22 siding on or near reservations (such agreement 

23 shall provide for the apportionment of respon24 sibilities and costs including, but not limited to, 

25 child find, evaluation, diagnosis, remediation or 
46

•HR 1350 IH 

1 therapeutic measures, and (where appropriate) 

2 equipment and medical or personal supplies as 

3 needed for a child to remain in school or a pro4 gram); and 

5 ‘‘(F) includes an assurance that the De6 partment of the Interior will cooperate with the 

7 Department of Education in its exercise of 

8 monitoring, enforcement, and oversight of this 

9 application, and any agreements entered into 

10 between the Secretary of the Interior and other 

11 entities under this part, and will fulfill its du12 ties under this part. 

13 Section 616(a) shall apply to the information de14 scribed in this paragraph. 

15 ‘‘(3) PAYMENTS FOR EDUCATION AND SERVICES

16 FOR INDIAN CHILDREN WITH DISABILITIES AGED 3

17 THROUGH 5.—

18 ‘‘(A) IN GENERAL.—With funds appro19 priated under subsection (j), the Secretary of 

20 Education shall make payments to the Sec21 retary of the Interior to be distributed to tribes 

22 or tribal organizations (as defined under section 

23 4 of the Indian Self-Determination and Edu24 cation Assistance Act) or consortia of the above 

25 to provide for the coordination of assistance for 
47

•HR 1350 IH 

1 special education and related services for chil2 dren with disabilities aged 3 through 5 on res3 ervations served by elementary and secondary 

4 schools for Indian children operated or funded 

5 by the Department of the Interior. The amount 

6 of such payments under subparagraph (B) for 

7 any fiscal year shall be equal to 20 percent of 

8 the amount allotted under subsection (c). 

9 ‘‘(B) DISTRIBUTION OF FUNDS.—The Sec10 retary of the Interior shall distribute the total 

11 amount of the payment under subparagraph 

12 (A) by allocating to each tribe or tribal organi13 zation an amount based on the number of chil14 dren with disabilities ages 3 through 5 residing 

15 on reservations as reported annually, divided by 

16 the total of those children served by all tribes 

17 or tribal organizations. 

18 ‘‘(C) SUBMISSION OF INFORMATION.—To 

19 receive a payment under this paragraph, the 

20 tribe or tribal organization shall submit such 

21 figures to the Secretary of the Interior as re22 quired to determine the amounts to be allocated 

23 under subparagraph (B). This information shall 

24 be compiled and submitted to the Secretary of 

25 Education. 
48

•HR 1350 IH 

1 ‘‘(D) USE OF FUNDS.—The funds received 

2 by a tribe or tribal organization shall be used 

3 to assist in child find, screening, and other pro4 cedures for the early identification of children 

5 aged 3 through 5, parent training, and the pro6 vision of direct services. These activities may be 

7 carried out directly or through contracts or co8 operative agreements with the BIA, local edu9 cational agencies, and other public or private 

10 nonprofit organizations. The tribe or tribal or11 ganization is encouraged to involve Indian par12 ents in the development and implementation of 

13 these activities. The above entities shall, as ap14 propriate, make referrals to local, State, or 

15 Federal entities for the provision of services or 

16 further diagnosis. 

17 ‘‘(E) ANNUAL REPORT.—To be eligible to 

18 receive a grant pursuant to subparagraph (A), 

19 the tribe or tribal organization shall provide to 

20 the Secretary of the Interior an annual report 

21 of activities undertaken under this paragraph, 

22 including the number of contracts and coopera23 tive agreements entered into, the number of 

24 children contacted and receiving services for 

25 each year, and the estimated number of chil-
49

•HR 1350 IH 

1 dren needing services during the year following 

2 the one in which the report is made. The Sec3 retary of the Interior shall include a summary 

4 of this information on an annual basis in the 

5 report to the Secretary of Education required 

6 under this subsection. The Secretary of Edu7 cation may require any additional information 

8 from the Secretary of the Interior. 

9 ‘‘(F) PROHIBITIONS.—None of the funds 

10 allocated under this paragraph may be used by 

11 the Secretary of the Interior for administrative 

12 purposes, including child count and the provi13 sion of technical assistance. 

14 ‘‘(4) PLAN FOR COORDINATION OF SERVICES.—

15 The Secretary of the Interior shall develop and im16 plement a plan for the coordination of services for 

17 all Indian children with disabilities residing on res18 ervations covered under this Act. Such plan shall 

19 provide for the coordination of services benefiting 

20 these children from whatever source, including 

21 tribes, the Indian Health Service, other BIA divi22 sions, and other Federal agencies. In developing the 

23 plan, the Secretary of the Interior shall consult with 

24 all interested and involved parties. It shall be based 

25 on the needs of the children and the system best 
50

•HR 1350 IH 

1 suited for meeting those needs, and may involve the 

2 establishment of cooperative agreements between the 

3 BIA, other Federal agencies, and other entities. The 

4 plan shall also be distributed upon request to States, 

5 State and local educational agencies, and other 

6 agencies providing services to infants, toddlers, and 

7 children with disabilities, to tribes, and to other in8 terested parties. 

9 ‘‘(5) ESTABLISHMENT OF ADVISORY BOARD.—

10 To meet the requirements of section 612(a)(22), the 

11 Secretary of the Interior shall establish, under the 

12 BIA, an advisory board composed of individuals in13 volved in or concerned with the education and provi14 sion of services to Indian infants, toddlers, children, 

15 and youth with disabilities, including Indians with 

16 disabilities, Indian parents or guardians of such chil17 dren, teachers, service providers, State and local 

18 educational officials, representatives of tribes or trib19 al organizations, representatives from State Inter20 agency Coordinating Councils under section 641 in 

21 States having reservations, and other members rep22 resenting the various divisions and entities of the 

23 BIA. The chairperson shall be selected by the Sec24 retary of the Interior. The advisory board shall—
51

•HR 1350 IH 

1 ‘‘(A) assist in the coordination of services 

2 within the BIA and with other local, State, and 

3 Federal agencies in the provision of education 

4 for infants, toddlers, and children with disabil5 ities; 

6 ‘‘(B) advise and assist the Secretary of the 

7 Interior in the performance of the Secretary’s 

8 responsibilities described in this subsection; 

9 ‘‘(C) develop and recommend policies con10 cerning effective inter- and intra-agency collabo11 ration, including modifications to regulations, 

12 and the elimination of barriers to inter- and 

13 intra-agency programs and activities; 

14 ‘‘(D) provide assistance and disseminate 

15 information on best practices, effective program 

16 coordination strategies, and recommendations 

17 for improved educational programming for In18 dian infants, toddlers, and children with disabil19 ities; and 

20 ‘‘(E) provide assistance in the preparation 

21 of information required under paragraph 

22 (2)(D). 

23 ‘‘(6) ANNUAL REPORTS.—

24 ‘‘(A) IN GENERAL.—The advisory board 

25 established under paragraph (5) shall prepare 
52

•HR 1350 IH 

1 and submit to the Secretary of the Interior and 

2 to the Congress an annual report containing a 

3 description of the activities of the advisory 

4 board for the preceding year. 

5 ‘‘(B) AVAILABILITY.—The Secretary of the 

6 Interior shall make available to the Secretary of 

7 Education the report described in subparagraph 

8 (A). 

9 ‘‘(j) AUTHORIZATION OF APPROPRIATIONS.—For the 

10 purpose of carrying out this part, other than section 619, 

11 there are authorized to be appropriated—

12 ‘‘(1) $10,301,184,000 for fiscal year 2004; 

13 ‘‘(2) $11,957,361,000 for fiscal year 2005; 

14 ‘‘(3) $13,879,812,000 for fiscal year 2006; 

15 ‘‘(4) $16,111,345,000 for fiscal year 2007; 

16 ‘‘(5) $18,701,654,000 for fiscal year 2008; 

17 ‘‘(6) $21,708,421,000 for fiscal year 2009; 

18 ‘‘(7) $25,198,603,000 for fiscal year 2010; and 

19 ‘‘(8) such sums as may be necessary for fiscal 

20 year 2011 and each subsequent fiscal year.’’. 

21 SEC. 202. STATE ELIGIBILITY. 

22 (a) IN GENERAL.—(1) Section 612(a) of the Individ23 uals with Disabilities Education Act (20 U.S.C. 1412(a)) 

24 is amended in the matter preceding paragraph (1) by 
53

•HR 1350 IH 

1 striking ‘‘demonstrates to the satisfaction of’’ and insert2 ing ‘‘provides assurances to’’. 

3 (2) Paragraphs (1) through (11) of section 612(a) 

4 of the Individuals with Disabilities Education Act (20 

5 U.S.C. 1412(a)(1)–(11)) are amended to read as follows: 

6 ‘‘(1) FREE APPROPRIATE PUBLIC EDU7 CATION.—

8 ‘‘(A) IN GENERAL.—A free appropriate 

9 public education is available to all children with 

10 disabilities residing in the State between the 

11 ages of 3 and 21, inclusive, including children 

12 with disabilities who have been suspended or ex13 pelled from school. 

14 ‘‘(B) LIMITATION.—The obligation to 

15 make a free appropriate public education avail16 able to all children with disabilities does not 

17 apply with respect to children—

18 ‘‘(i) aged 3 through 5 and 18 through 

19 21 in a State to the extent that its applica20 tion to those children would be inconsistent 

21 with State law or practice, or the order of 

22 any court, respecting the provision of pub23 lic education to children in those age 

24 ranges; and 
54

•HR 1350 IH 

1 ‘‘(ii) aged 18 through 21 to the extent 

2 that State law does not require that special 

3 education and related services under this 

4 part be provided to children with disabil5 ities who, in the educational placement 

6 prior to their incarceration in an adult cor7 rectional facility—

8 ‘‘(I) were not actually identified 

9 as being a child with a disability 

10 under section 602(3) of this Act; or 

11 ‘‘(II) did not have an individual12 ized education program under this 

13 part. 

14 ‘‘(2) FULL EDUCATIONAL OPPORTUNITY

15 GOAL.—The State has established a goal of pro16 viding full educational opportunity to all children 

17 with disabilities and a detailed timetable for accom18 plishing that goal. 

19 ‘‘(3) CHILD FIND.—

20 ‘‘(A) IN GENERAL.—All children with dis21 abilities residing in the State, including children 

22 with disabilities attending private schools, re23 gardless of the severity of their disabilities, and 

24 who are in need of special education and related 

25 services, are identified, located, and evaluated 
55

•HR 1350 IH 

1 and a practical method is developed and imple2 mented to determine which children with dis3 abilities are currently receiving needed special 

4 education and related services. 

5 ‘‘(B) CONSTRUCTION.—Nothing in this 

6 Act requires that children be classified by their 

7 disability so long as each child who has a dis8 ability listed in section 602 and who, by reason 

9 of that disability, needs special education and 

10 related services is regarded as a child with a 

11 disability under this part. 

12 ‘‘(4) INDIVIDUALIZED EDUCATION PROGRAM.—

13 An individualized education program, or an individ14 ualized family service plan that meets the require15 ments of section 636(d), is developed, reviewed, and 

16 revised for each child with a disability in accordance 

17 with section 614(d). 

18 ‘‘(5) LEAST RESTRICTIVE ENVIRONMENT.—

19 ‘‘(A) IN GENERAL.—To the maximum ex20 tent appropriate, children with disabilities, in21 cluding children in public or private institutions 

22 or other care facilities, are educated with chil23 dren who are not disabled, and special classes, 

24 separate schooling, or other removal of children 

25 with disabilities from the regular educational 
56

•HR 1350 IH 

1 environment occurs only when the nature or se2 verity of the disability of a child is such that 

3 education in regular classes with the use of sup4 plementary aids and services cannot be achieved 

5 satisfactorily. 

6 ‘‘(B) ADDITIONAL REQUIREMENT.—

7 ‘‘(i) IN GENERAL.—If the State uses a 

8 funding mechanism by which the State dis9 tributes State funds on the basis of the 

10 type of setting in which a child is served, 

11 the funding mechanism does not result in 

12 placements that violate the requirements of 

13 subparagraph (A). 

14 ‘‘(ii) ASSURANCE.—If the State does 

15 not have policies and procedures to ensure 

16 compliance with clause (i), the State shall 

17 provide the Secretary an assurance that it 

18 will revise the funding mechanism as soon 

19 as feasible to ensure that such mechanism 

20 does not result in such placements. 

21 ‘‘(6) PROCEDURAL SAFEGUARDS.—

22 ‘‘(A) IN GENERAL.—Children with disabil23 ities and their parents are afforded the proce24 dural safeguards required by section 615. 
57

•HR 1350 IH 

1 ‘‘(B) ADDITIONAL PROCEDURAL SAFE2 GUARDS.—Procedures to ensure that testing 

3 and evaluation materials and procedures uti4 lized for the purposes of evaluation and place5 ment of children with disabilities for services 

6 under this Act will be selected and administered 

7 so as not to be racially or culturally discrimina8 tory. Such materials or procedures shall be pro9 vided and administered in the child’s native lan10 guage or mode of communication, unless it 

11 clearly is not feasible to do so, and no single 

12 procedure shall be the sole criterion for deter13 mining an appropriate educational program for 

14 a child. 

15 ‘‘(7) EVALUATION.—Children with disabilities 

16 are evaluated in accordance with subsections (a) 

17 through (c) of section 614. 

18 ‘‘(8) CONFIDENTIALITY.—Agencies in the State 

19 comply with section 617(c) (relating to the confiden20 tiality of records and information). 

21 ‘‘(9) TRANSITION FROM PART C TO PRESCHOOL

22 PROGRAMS.—Children participating in early-inter23 vention programs assisted under part C, and who 

24 will participate in preschool programs assisted under 

25 this part, experience a smooth and effective transi-
58

•HR 1350 IH 

1 tion to those preschool programs in a manner con2 sistent with section 637(a)(8). By the third birthday 

3 of such a child, an individualized education program 

4 or, if consistent with section 636(d), an individual5 ized family service plan, has been developed and is 

6 being implemented for the child. The local edu7 cational agency will participate in transition plan8 ning conferences arranged by the designated lead 

9 agency under section 637(a)(8). 

10 ‘‘(10) CHILDREN IN PRIVATE SCHOOLS.—

11 ‘‘(A) CHILDREN ENROLLED IN PRIVATE

12 SCHOOLS BY THEIR PARENTS.—

13 ‘‘(i) IN GENERAL.—To the extent con14 sistent with the number and location of 

15 children with disabilities in the State who 

16 are enrolled by their parents in private ele17 mentary and secondary schools, provision 

18 is made for the participation of those chil19 dren in the program assisted or carried out 

20 under this part by providing for such chil21 dren special education and related services 

22 in accordance with the following require23 ments, unless the Secretary has arranged 

24 for services to those children under sub25 section (f): 
59

•HR 1350 IH 

1 ‘‘(I) Amounts expended for the 

2 provision of those services by a local 

3 educational agency shall be equal to a 

4 proportionate amount of Federal 

5 funds made available under this part. 

6 ‘‘(II) In calculating the propor7 tionate share of Federal funds, the 

8 local educational agency, after timely 

9 and meaningful consultation with rep10 resentatives of children enrolled in 

11 private schools, conducts the child 

12 find process to determine the number 

13 of children with disabilities attending 

14 private schools located in the district. 

15 ‘‘(III) Such services may be pro16 vided to children with disabilities on 

17 the premises of private, including pa18 rochial, schools, to the extent con19 sistent with law. 

20 ‘‘(IV) Each local educational 

21 agency maintains in its records and 

22 provides to the State educational 

23 agency the number of children evalu24 ated under this paragraph and the 
60

•HR 1350 IH 

1 number of children determined to be 

2 children with disabilities. 

3 ‘‘(ii) CHILD-FIND REQUIREMENT.—

4 The requirements of paragraph (3) of this 

5 subsection (relating to child find) shall 

6 apply with respect to children with disabil7 ities in the State who are enrolled in pri8 vate, including parochial, elementary and 

9 secondary schools. Such child find process 

10 shall be completed in a time period com11 parable to that for other students attend12 ing public schools in the local educational 

13 agency. 

14 ‘‘(B) CHILDREN PLACED IN, OR REFERRED

15 TO, PRIVATE SCHOOLS BY PUBLIC AGENCIES.—

16 ‘‘(i) IN GENERAL.—Children with dis17 abilities in private schools and facilities are 

18 provided special education and related 

19 services, in accordance with an individual20 ized education program, at no cost to their 

21 parents, if such children are placed in, or 

22 referred to, such schools or facilities by the 

23 State or appropriate local educational 

24 agency as the means of carrying out the 

25 requirements of this part or any other ap-
61

•HR 1350 IH 

1 plicable law requiring the provision of spe2 cial education and related services to all 

3 children with disabilities within such State. 

4 ‘‘(ii) STANDARDS.—In all cases de5 scribed in clause (i), the State educational 

6 agency shall determine whether such 

7 schools and facilities meet standards that 

8 apply to State and local educational agen9 cies and that children so served have all 

10 the rights they would have if served by 

11 such agencies. 

12 ‘‘(C) PAYMENT FOR EDUCATION OF CHIL13 DREN ENROLLED IN PRIVATE SCHOOLS WITH14 OUT CONSENT OF OR REFERRAL BY THE PUB15 LIC AGENCY.—

16 ‘‘(i) IN GENERAL.—Subject to sub17 paragraph (A), this part does not require 

18 a local educational agency to pay for the 

19 cost of education, including special edu20 cation and related services, of a child with 

21 a disability at a private school or facility if 

22 that agency made a free appropriate public 

23 education available to the child and the 

24 parents elected to place the child in such 

25 private school or facility. 
62

•HR 1350 IH 

1 ‘‘(ii) REIMBURSEMENT FOR PRIVATE

2 SCHOOL PLACEMENT.—If the parents of a 

3 child with a disability, who previously re4 ceived special education and related serv5 ices under the authority of a public agency, 

6 enroll the child in a private elementary or 

7 secondary school without the consent of or 

8 referral by the public agency, a court or a 

9 hearing officer may require the agency to 

10 reimburse the parents for the cost of that 

11 enrollment if the court or hearing officer 

12 finds that the agency had not made a free 

13 appropriate public education available to 

14 the child in a timely manner prior to that 

15 enrollment. 

16 ‘‘(iii) LIMITATION ON REIMBURSE17 MENT.—The cost of reimbursement de18 scribed in clause (ii) may be reduced or de19 nied—

20 ‘‘(I) if—

21 ‘‘(aa) at the most recent 

22 IEP meeting that the parents at23 tended prior to removal of the 

24 child from the public school, the 

25 parents did not inform the IEP 
63

•HR 1350 IH 

1 Team that they were rejecting 

2 the placement proposed by the 

3 public agency to provide a free 

4 appropriate public education to 

5 their child, including stating their 

6 concerns and their intent to en7 roll their child in a private school 

8 at public expense; or 

9 ‘‘(bb) 10 business days (in10 cluding any holidays that occur 

11 on a business day) prior to the 

12 removal of the child from the 

13 public school, the parents did not 

14 give written notice to the public 

15 agency of the information de16 scribed in division (aa); 

17 ‘‘(II) if, prior to the parents’ re18 moval of the child from the public 

19 school, the public agency informed the 

20 parents, through the notice require21 ments described in section 615(b)(7), 

22 of its intent to evaluate the child (in23 cluding a statement of the purpose of 

24 the evaluation that was appropriate 

25 and reasonable), but the parents did 
64

•HR 1350 IH 

1 not make the child available for such 

2 evaluation; or 

3 ‘‘(III) upon a judicial finding of 

4 unreasonableness with respect to ac5 tions taken by the parents. 

6 ‘‘(iv) EXCEPTION.—Notwithstanding 

7 the notice requirement in clause (iii)(I), 

8 the cost of reimbursement—

9 ‘‘(I) shall not be reduced or de10 nied for failure to provide such notice 

11 if—

12 ‘‘(aa) the school prevented 

13 the parent from providing such 

14 notice; or 

15 ‘‘(bb) the parents had not 

16 received notice, pursuant to sec17 tion 615, of the notice require18 ment in clause (iii)(I); and 

19 ‘‘(II) may, in the discretion of a 

20 court or a hearing officer, not be re21 duced or denied for failure to provide 

22 such notice if the parent is illiterate 

23 or cannot write in English. 

24 ‘‘(11) STATE EDUCATIONAL AGENCY RESPON25 SIBLE FOR GENERAL SUPERVISION.—
65

•HR 1350 IH 

1 ‘‘(A) IN GENERAL.—The State educational 

2 agency is responsible for ensuring that—

3 ‘‘(i) the requirements of this part are 

4 met; and 

5 ‘‘(ii) all educational programs for chil6 dren with disabilities in the State, includ7 ing all such programs administered by any 

8 other State or local agency—

9 ‘‘(I) are under the general super10 vision of individuals in the State who 

11 are responsible for educational pro12 grams for children with disabilities; 

13 and 

14 ‘‘(II) meet the educational stand15 ards of the State educational agency. 

16 ‘‘(B) LIMITATION.—Subparagraph (A) 

17 shall not limit the responsibility of agencies in 

18 the State other than the State educational 

19 agency to provide, or pay for some or all of the 

20 costs of, a free appropriate public education for 

21 any child with a disability in the State. 

22 ‘‘(C) EXCEPTION.—Notwithstanding sub23 paragraphs (A) and (B), the Governor (or an24 other individual pursuant to State law), con25 sistent with State law, may assign to any public 
66

•HR 1350 IH 

1 agency in the State the responsibility of ensur2 ing that the requirements of this part are met 

3 with respect to children with disabilities who 

4 are convicted as adults under State law and in5 carcerated in adult prisons.’’. 

6 (3) Paragraphs (13) through (22) of section 612(a) 

7 of the Individuals with Disabilities Education Act (20 

8 U.S.C. 1412(a)(13)–(22)) are amended to read as follows: 

9 ‘‘(13) PROCEDURAL REQUIREMENTS RELATING

10 TO LOCAL EDUCATIONAL AGENCY ELIGIBILITY.—

11 The State educational agency will not make a final 

12 determination that a local educational agency is not 

13 eligible for assistance under this part without first 

14 affording that agency reasonable notice and an op15 portunity for a hearing. 

16 ‘‘(14) PERSONNEL STANDARDS.—

17 ‘‘(A) IN GENERAL.—The State educational 

18 agency has established and maintains standards 

19 to ensure that personnel necessary to carry out 

20 this part are appropriately and adequately pre21 pared and trained. 

22 ‘‘(B) STANDARDS DESCRIBED.—Such 

23 standards shall—
67

•HR 1350 IH 

1 ‘‘(i) ensure that special education 

2 teachers who teach in core academic sub3 jects are highly qualified in those subjects; 

4 ‘‘(ii) be consistent with any State-ap5 proved or State-recognized certification, li6 censing, registration, or other comparable 

7 requirements that apply to the professional 

8 discipline in which those personnel are pro9 viding special education or related services; 

10 and 

11 ‘‘(iii) allow paraprofessionals and as12 sistants who are appropriately trained and 

13 supervised, in accordance with State law, 

14 regulations, or written policy, in meeting 

15 the requirements of this part to be used to 

16 assist in the provision of special education 

17 and related services to children with dis18 abilities under this part. 

19 ‘‘(15) PERFORMANCE GOALS AND INDICA20 TORS.—The State—

21 ‘‘(A) has established goals for the perform22 ance of children with disabilities in the State 

23 that—

24 ‘‘(i) promote the purposes of this Act, 

25 as stated in section 601(d); 
68

•HR 1350 IH 

1 ‘‘(ii) are the same as the State’s defi2 nition of adequate yearly progress, includ3 ing the State’s objectives for progress by 

4 children with disabilities, under section 

5 1111(b)(2)(C) of the Elementary and Sec6 ondary Education Act of 1965; 

7 ‘‘(iii) address dropout rates, as well as 

8 such other factors as the State may deter9 mine; and 

10 ‘‘(iv) are consistent, to the extent ap11 propriate, with any other goals and stand12 ards for children established by the State; 

13 ‘‘(B) has established performance indica14 tors the State will use to assess progress toward 

15 achieving those goals described in subparagraph 

16 (A), including measurable annual objectives for 

17 progress by children with disabilities under sec18 tion 1111(b)(2)(C) of the Elementary and Sec19 ondary Education Act of 1965; and 

20 ‘‘(C) will annually report to the Secretary 

21 and the public on the progress of the State, and 

22 of children with disabilities in the State, toward 

23 meeting the goals established under subpara24 graph (A). 

25 ‘‘(16) PARTICIPATION IN ASSESSMENTS.—
69

•HR 1350 IH 

1 ‘‘(A) IN GENERAL.—(i) All children with 

2 disabilities are included in all general State and 

3 district-wide assessment programs, including 

4 assessments described under title I of the Ele5 mentary and Secondary Education Act of 1965, 

6 with reasonable and appropriate accommoda7 tions, where necessary and as indicated in their 

8 respective individualized education programs. 

9 ‘‘(ii) The State (or, in the case of a dis10 trict-wide assessment, the local educational 

11 agency) has developed and implemented guide12 lines for the provision of accommodations de13 scribed in clause (i). 

14 ‘‘(iii) The State (or, in the case of a dis15 trict-wide assessment the local educational 

16 agency)—

17 ‘‘(I) has developed guidelines for the 

18 participation of children with disabilities in 

19 alternate assessments for those children 

20 who cannot participate in regular assess21 ments under clause (i); and 

22 ‘‘(II) conducts those alternate assess23 ments. 

24 ‘‘(B) REPORTS.—The State educational 

25 agency (or, in the case of a district-wide assess-
70

•HR 1350 IH 

1 ment, the local educational agency) makes 

2 available to the public, and reports to the public 

3 with the same frequency and in the same detail 

4 as it reports on the assessment of nondisabled 

5 children, the following: 

6 ‘‘(i) The number of children with dis7 abilities participating in regular assess8 ments, and the number of those children 

9 who were provided accommodations in 

10 order to participate in those assessments. 

11 ‘‘(ii) The number of children with dis12 abilities participating in alternate assess13 ments. 

14 ‘‘(iii) The performance of children 

15 with disabilities on regular assessments 

16 and on alternate assessments (if the num17 ber of children with disabilities partici18 pating in those assessments is sufficient to 

19 yield statistically reliable information and 

20 reporting that information would not re21 veal personally identifiable information 

22 about an individual student), compared 

23 with the achievement of all children, in24 cluding children with disabilities, on those 

25 assessments. 
71

•HR 1350 IH 

1 ‘‘(17) EARLY DISPUTE RESOLUTION.—The 

2 State has in effect early dispute resolution processes 

3 that are available to parents and local educational 

4 agencies in the State, which may include IEP 

5 facilitators and training of school personnel in con6 flict resolution and parental communication skills, 

7 and which shall include mediation and voluntary 

8 binding arbitration pursuant to section 615(e). 

9 ‘‘(18) SUPPLEMENTATION OF STATE, LOCAL, 

10 AND OTHER FEDERAL FUNDS.—

11 ‘‘(A) EXPENDITURES.—Funds paid to a 

12 State under this part will be expended in ac13 cordance with all the provisions of this part. 

14 ‘‘(B) PROHIBITION AGAINST COMMIN15 GLING.—Funds paid to a State under this part 

16 will not be commingled with State funds. 

17 ‘‘(C) PROHIBITION AGAINST SUPPLAN18 TATION AND CONDITIONS FOR WAIVER BY SEC19 RETARY.—Except as provided in section 613, 

20 funds paid to a State under this part will be 

21 used to supplement the level of Federal, State, 

22 and local funds (including funds that are not 

23 under the direct control of State or local edu24 cational agencies) expended for special edu25 cation and related services provided to children 
72

•HR 1350 IH 

1 with disabilities under this part and in no case 

2 to supplant such Federal, State, and local 

3 funds, except that, where the State provides 

4 clear and convincing evidence that all children 

5 with disabilities have available to them a free 

6 appropriate public education, the Secretary may 

7 waive, in whole or in part, the requirements of 

8 this subparagraph if the Secretary concurs with 

9 the evidence provided by the State. 

10 ‘‘(19) MAINTENANCE OF STATE FINANCIAL

11 SUPPORT.—

12 ‘‘(A) IN GENERAL.—The State does not re13 duce the amount of State financial support for 

14 special education and related services for chil15 dren with disabilities, or otherwise made avail16 able because of the excess costs of educating 

17 those children, below the amount of that sup18 port for the preceding fiscal year. 

19 ‘‘(B) REDUCTION OF FUNDS FOR FAILURE

20 TO MAINTAIN SUPPORT.—The Secretary shall 

21 reduce the allocation of funds under section 611 

22 for any fiscal year following the fiscal year in 

23 which the State fails to comply with the re24 quirement of subparagraph (A) by the same 
73

•HR 1350 IH 

1 amount by which the State fails to meet the re2 quirement. 

3 ‘‘(C) WAIVERS FOR EXCEPTIONAL OR UN4 CONTROLLABLE CIRCUMSTANCES.—The Sec5 retary may waive the requirement of subpara6 graph (A) for a State, for one fiscal year at a 

7 time, if the Secretary determines that—

8 ‘‘(i) granting a waiver would be equi9 table due to exceptional or uncontrollable 

10 circumstances such as a natural disaster or 

11 a precipitous and unforeseen decline in the 

12 financial resources of the State; or 

13 ‘‘(ii) the State meets the standard in 

14 paragraph (18)(C) of this section for a 

15 waiver of the requirement to supplement, 

16 and not to supplant, funds received under 

17 this part. 

18 ‘‘(D) SUBSEQUENT YEARS.—If, for any 

19 year, a State fails to meet the requirement of 

20 subparagraph (A), including any year for which 

21 the State is granted a waiver under subpara22 graph (C), the financial support required of the 

23 State in future years under subparagraph (A) 

24 shall be the amount that would have been re-
74

•HR 1350 IH 

1 quired in the absence of that failure and not 

2 the reduced level of the State’s support. 

3 ‘‘(20) PUBLIC PARTICIPATION.—Prior to the 

4 adoption of any policies and procedures needed to 

5 comply with this section (including any amendments 

6 to such policies and procedures), the State ensures 

7 that there are public hearings, adequate notice of 

8 the hearings, and an opportunity for comment avail9 able to the general public, including individuals with 

10 disabilities and parents of children with disabilities. 

11 ‘‘(21) STATE ADVISORY PANEL.—

12 ‘‘(A) IN GENERAL.—The State has estab13 lished and maintains an advisory panel for the 

14 purpose of providing policy guidance with re15 spect to special education and related services 

16 for children with disabilities in the State. 

17 ‘‘(B) MEMBERSHIP.—Such advisory panel 

18 shall consist of members appointed by the Gov19 ernor, or any other official authorized under 

20 State law to make such appointments, that is 

21 representative of the State population and that 

22 is composed of individuals involved in, or con23 cerned with, the education of children with dis24 abilities, including—
75

•HR 1350 IH 

1 ‘‘(i) parents of children with disabil2 ities (ages birth through 21); 

3 ‘‘(ii) individuals with disabilities; 

4 ‘‘(iii) teachers; 

5 ‘‘(iv) representatives of institutions of 

6 higher education that prepare special edu7 cation and related services personnel; 

8 ‘‘(v) State and local education offi9 cials; 

10 ‘‘(vi) administrators of programs for 

11 children with disabilities; 

12 ‘‘(vii) representatives of other State 

13 agencies involved in the financing or deliv14 ery of related services to children with dis15 abilities; 

16 ‘‘(viii) representatives of private 

17 schools and public charter schools; 

18 ‘‘(ix) at least one representative of a 

19 vocational, community, or business organi20 zation concerned with the provision of 

21 transition services to children with disabil22 ities; and 

23 ‘‘(x) representatives from the State 

24 juvenile and adult corrections agencies. 
76

•HR 1350 IH 

1 ‘‘(C) SPECIAL RULE.—A majority of the 

2 members of the panel shall be individuals with 

3 disabilities or parents of children with disabil4 ities ages birth through 21. 

5 ‘‘(D) DUTIES.—The advisory panel shall—

6 ‘‘(i) advise the State educational agen7 cy of unmet needs within the State in the 

8 education of children with disabilities; 

9 ‘‘(ii) comment publicly on any rules or 

10 regulations proposed by the State regard11 ing the education of children with disabil12 ities; 

13 ‘‘(iii) advise the State educational 

14 agency in developing evaluations and re15 porting on data to the Secretary under sec16 tion 618; 

17 ‘‘(iv) advise the State educational 

18 agency in developing corrective action 

19 plans to address findings identified in Fed20 eral monitoring reports under this part; 

21 and 

22 ‘‘(v) advise the State educational 

23 agency in developing and implementing 

24 policies relating to the coordination of serv25 ices for children with disabilities. 
77

•HR 1350 IH 

1 ‘‘(22) SUSPENSION AND EXPULSION RATES.—

2 ‘‘(A) IN GENERAL.—The State educational 

3 agency examines data to determine if signifi4 cant discrepancies are occurring in the rate of 

5 long-term suspensions and expulsions of chil6 dren with disabilities—

7 ‘‘(i) among local educational agencies 

8 in the State; or 

9 ‘‘(ii) compared to such rates for non10 disabled children within such agencies. 

11 ‘‘(B) REVIEW AND REVISION OF POLI12 CIES.—If such discrepancies are occurring, the 

13 State educational agency reviews and, if appro14 priate, revises (or requires the affected State or 

15 local educational agency to revise) its policies, 

16 procedures, and practices relating to the devel17 opment and implementation of IEPs, the use of 

18 positive behavioral interventions and supports, 

19 and procedural safeguards, to ensure that such 

20 policies, procedures, and practices comply with 

21 this Act.’’. 

22 (b) STATE EDUCATIONAL AGENCY AS PROVIDER OF

23 FREE APPROPRIATE PUBLIC EDUCATION OR DIRECT

24 SERVICES.—Section 612(b) of the Individuals with Dis-
78

•HR 1350 IH 

1 abilities Education Act (20 U.S.C. 1412(b)) is amended 

2 to read as follows: 

3 ‘‘(b) STATE EDUCATIONAL AGENCY AS PROVIDER OF

4 FREE APPROPRIATE PUBLIC EDUCATION OR DIRECT

5 SERVICES.—If the State educational agency provides free 

6 appropriate public education to children with disabilities, 

7 or provides direct services to such children, such agency—

8 ‘‘(1) shall comply with any additional require9 ments of section 613(a), as if such agency were a 

10 local educational agency; and 

11 ‘‘(2) may use amounts that are otherwise avail12 able to such agency under this part to serve those 

13 children without regard to section 613(a)(2)(A)(i) 

14 (relating to excess costs).’’. 

15 (c) EXCEPTION FOR PRIOR STATE PLANS.—Section 

16 612(c) of the Individuals with Disabilities Education Act 

17 (20 U.S.C. 1412(c)) is amended to read as follows: 

18 ‘‘(c) EXCEPTION FOR PRIOR STATE PLANS.—

19 ‘‘(1) IN GENERAL.—If a State has on file with 

20 the Secretary policies and procedures that dem21 onstrate that such State meets any requirement of 

22 subsection (a), including any policies and procedures 

23 filed under this part as in effect before the effective 

24 date of the Improving Education Results for Chil25 dren With Disabilities Act of 2003, the Secretary 
79

•HR 1350 IH 

1 shall consider such State to have met such require2 ment for purposes of receiving a grant under this 

3 part. 

4 ‘‘(2) MODIFICATIONS MADE BY STATE.—Sub5 ject to paragraph (3), an application submitted by a 

6 State in accordance with this section shall remain in 

7 effect until the State submits to the Secretary such 

8 modifications as the State deems necessary. This 

9 section shall apply to a modification to an applica10 tion to the same extent and in the same manner as 

11 this section applies to the original plan. 

12 ‘‘(3) MODIFICATIONS REQUIRED BY THE SEC13 RETARY.—If, after the effective date of the Improv14 ing Education Results for Children With Disabilities 

15 Act of 2003, the provisions of this Act are amended 

16 (or the regulations developed to carry out this Act 

17 are amended), or there is a new interpretation of 

18 this Act by a Federal court or a State’s highest 

19 court, or there is an official finding of noncompli20 ance with Federal law or regulations, the Secretary 

21 may require a State to modify its application only to 

22 the extent necessary to ensure the State’s compli23 ance with this part.’’. 
80

•HR 1350 IH 

1 (d) APPROVAL BY THE SECRETARY.—Section 612(d) 

2 of the Individuals with Disabilities Education Act (20 

3 U.S.C. 1412(d)) is amended to read as follows: 

4 ‘‘(d) APPROVAL BY THE SECRETARY.—

5 ‘‘(1) IN GENERAL.—If the Secretary determines 

6 that a State is eligible to receive a grant under this 

7 part, the Secretary shall notify the State of that de8 termination. 

9 ‘‘(2) NOTICE AND HEARING.—The Secretary 

10 shall not make a final determination that a State is 

11 not eligible to receive a grant under this part until 

12 after providing the State—

13 ‘‘(A) with reasonable notice; and 

14 ‘‘(B) with an opportunity for a hearing.’’. 

15 (e) ASSISTANCE UNDER OTHER FEDERAL PRO16 GRAMS.—Section 612(e) of the Individuals with Disabil17 ities Education Act (20 U.S.C. 1412(e)) is amended to 

18 read as follows: 

19 ‘‘(e) ASSISTANCE UNDER OTHER FEDERAL PRO20 GRAMS.—Nothing in this title permits a State to reduce 

21 medical and other assistance available, or to alter eligi22 bility, under titles V and XIX of the Social Security Act 

23 with respect to the provision of a free appropriate public 

24 education for children with disabilities in the State.’’. 
81

•HR 1350 IH 

1 SEC. 203. LOCAL EDUCATIONAL AGENCY ELIGIBILITY. 

2 Section 613 of the Individuals with Disabilities Edu3 cation Act (20 U.S.C. 1413) is amended to read as follows: 

4 ‘‘SEC. 613. LOCAL EDUCATIONAL AGENCY ELIGIBILITY. 

5 ‘‘(a) IN GENERAL.—A local educational agency is eli6 gible for assistance under this part for a fiscal year if such 

7 agency provides assurances to the State educational agen8 cy that it meets each of the following conditions: 

9 ‘‘(1) CONSISTENCY WITH STATE POLICIES.—

10 The local educational agency, in providing for the 

11 education of children with disabilities within its ju12 risdiction, has in effect policies, procedures, and pro13 grams that are consistent with the State policies and 

14 procedures established under section 612. 

15 ‘‘(2) USE OF AMOUNTS.—

16 ‘‘(A) IN GENERAL.—Amounts provided to 

17 the local educational agency under this part 

18 shall be expended in accordance with the appli19 cable provisions of this part and—

20 ‘‘(i) shall be used only to pay the ex21 cess costs of providing special education 

22 and related services to children with dis23 abilities; 

24 ‘‘(ii) shall be used to supplement 

25 State, local, and other Federal funds and 

26 not to supplant such funds; and 
82

•HR 1350 IH 

1 ‘‘(iii) shall not be used, except as pro2 vided in subparagraphs (B) and (C), to re3 duce the level of expenditures for the edu4 cation of children with disabilities made by 

5 the local educational agency from local 

6 funds below the level of those expenditures 

7 for the preceding fiscal year. 

8 ‘‘(B) EXCEPTION.—Notwithstanding the 

9 restriction in subparagraph (A)(iii), a local edu10 cational agency may reduce the level of expendi11 tures where such reduction is attributable to—

12 ‘‘(i) the voluntary departure, by re13 tirement or otherwise, or departure for just 

14 cause, of special education personnel; 

15 ‘‘(ii) a decrease in the enrollment of 

16 children with disabilities; 

17 ‘‘(iii) the termination of the obligation 

18 of the agency, consistent with this part, to 

19 provide a program of special education to 

20 a particular child with a disability that is 

21 an exceptionally costly program, as deter22 mined by the State educational agency, be23 cause the child—

24 ‘‘(I) has left the jurisdiction of 

25 the agency; 
83

•HR 1350 IH 

1 ‘‘(II) has reached the age at 

2 which the obligation of the agency to 

3 provide a free appropriate public edu4 cation to the child has terminated; or 

5 ‘‘(III) no longer needs such pro6 gram of special education; or 

7 ‘‘(iv) the termination of costly expend8 itures for long-term purchases, such as the 

9 acquisition of equipment or the construc10 tion of school facilities. 

11 ‘‘(C) TREATMENT OF FEDERAL FUNDS IN

12 CERTAIN FISCAL YEARS.—

13 ‘‘(i) Notwithstanding clauses (ii) and 

14 (iii) of subparagraph (A), for any fiscal 

15 year for which amounts appropriated to 

16 carry out section 611 exceeds 

17 $4,100,000,000, a local educational agency 

18 may treat as local funds, for the purpose 

19 of such clauses, up to 20 percent of the 

20 amount of funds it receives under this part 

21 that exceeds the amount it received under 

22 this part for the previous fiscal year. 

23 ‘‘(ii) If a local educational agency 

24 chooses to use the authority under clause 

25 (i), then the agency shall use those local 
84

•HR 1350 IH 

1 funds to provide additional funding for 

2 programs under the Elementary and Sec3 ondary Education Act of 1965, including, 

4 but not limited to, programs that address 

5 student achievement, comprehensive school 

6 reform, literacy, teacher quality and pro7 fessional development, school safety, 

8 before- and after- school learning opportu9 nities, or related elementary and secondary 

10 education programs authorized under Fed11 eral or State law. 

12 ‘‘(iii) Notwithstanding clause (i), if a 

13 State educational agency determines that a 

14 local educational agency is unable to estab15 lish and maintain programs of free appro16 priate public education that meet the re17 quirements of subsection (a), the State 

18 educational agency shall prohibit the local 

19 educational agency from treating funds re20 ceived under this part as local funds under 

21 clause (i) for that fiscal year, only if it is 

22 authorized to do so by the State constitu23 tion or a State statute. 

24 ‘‘(D) SCHOOLWIDE PROGRAMS UNDER

25 TITLE I OF THE ESEA.—Notwithstanding sub-
85

•HR 1350 IH 

1 paragraph (A) or any other provision of this 

2 part, a local educational agency may use funds 

3 received under this part for any fiscal year to 

4 carry out a schoolwide program under section 

5 1114 of the Elementary and Secondary Edu6 cation Act of 1965, except that the amount so 

7 used in any such program shall not exceed—

8 ‘‘(i) the number of children with dis9 abilities participating in the schoolwide 

10 program; multiplied by 

11 ‘‘(ii)(I) the amount received by the 

12 local educational agency under this part 

13 for that fiscal year; divided by 

14 ‘‘(II) the number of children with dis15 abilities in the jurisdiction of that agency. 

16 ‘‘(3) PERSONNEL DEVELOPMENT.—The local 

17 educational agency shall ensure that all personnel 

18 necessary to carry out this part are appropriately 

19 and adequately prepared, consistent with the re20 quirements of section 612 of this Act and section 

21 1119 of the Elementary and Secondary Education 

22 Act of 1965. 

23 ‘‘(4) PERMISSIVE USE OF FUNDS.—Notwith24 standing paragraph (2)(A) or section 612(a)(18)(B) 

25 (relating to commingled funds), funds provided to 
86

•HR 1350 IH 

1 the local educational agency under this part may be 

2 used for the following activities: 

3 ‘‘(A) SERVICES AND AIDS THAT ALSO BEN4 EFIT NONDISABLED CHILDREN.—For the costs 

5 of special education and related services and 

6 supplementary aids and services provided in a 

7 regular class or other education-related setting 

8 to a child with a disability in accordance with 

9 the individualized education program of the 

10 child, even if one or more nondisabled children 

11 benefit from such services. 

12 ‘‘(B) PREREFERRAL SERVICES.—To de13 velop and implement comprehensive coordinated 

14 prereferral education support services in accord15 ance with subsection (f). 

16 ‘‘(C) HIGH COST EDUCATION AND RE17 LATED SERVICES.—To establish and implement 

18 cost or risk sharing funds, consortiums, or co19 operatives for the agency itself, or for local edu20 cational agencies working in consortium of 

21 which the local education agency is a part, to 

22 pay for high cost special education and related 

23 services. 

24 ‘‘(D) CASE MANAGEMENT AND ADMINIS25 TRATION.—To purchase appropriate technology 
87

•HR 1350 IH 

1 for record keeping, data collection, and related 

2 case management activities of teachers and re3 lated services personnel who are providing serv4 ices described in the individualized education 

5 program of children with disabilities necessary 

6 to the implementation of those case manage7 ment activities. 

8 ‘‘(E) SUPPLEMENTAL EDUCATIONAL SERV9 ICES FOR CHILDREN WITH DISABILITIES IN

10 SCHOOLS DESIGNATED FOR IMPROVEMENT.—

11 For the reasonable additional expenses (as de12 termined by the local education agency) of any 

13 necessary accommodations to allow children 

14 with disabilities who are being educated in a 

15 school identified for school improvement under 

16 section 1116(b) of the Elementary and Sec17 ondary Education Act of 1965 (20 U.S.C. 

18 6316(b)) to be provided supplemental edu19 cational services under section 1116(e) of such 

20 Act on an equitable basis. 

21 ‘‘(5) TREATMENT OF CHARTER SCHOOLS AND

22 THEIR STUDENTS.—In carrying out this part with 

23 respect to charter schools that are public schools of 

24 the local educational agency, the local educational 

25 agency—
88

•HR 1350 IH 

1 ‘‘(A) serves children with disabilities at2 tending those schools in the same manner as it 

3 serves children with disabilities in its other 

4 schools, including providing supplemental and 

5 related services on site at the charter school 

6 when the local educational agency has a policy 

7 or practice of providing those services on site to 

8 its other schools; and 

9 ‘‘(B) provides funds under this part to 

10 those schools in accordance with the State’s 

11 charter law, including distributing proportional 

12 funding where allowed. 

13 ‘‘(6) INFORMATION FOR STATE EDUCATIONAL

14 AGENCY.—The local educational agency shall provide 

15 the State educational agency with information nec16 essary to enable the State educational agency to 

17 carry out its duties under this part, including, with 

18 respect to paragraphs (15) and (16) of section 

19 612(a), information relating to the performance of 

20 children with disabilities participating in programs 

21 carried out under this part. 

22 ‘‘(7) PUBLIC INFORMATION.—The local edu23 cational agency shall make available to parents of 

24 children with disabilities and to the general public 
89

•HR 1350 IH 

1 all documents relating to the eligibility of such agen2 cy under this part. 

3 ‘‘(b) EXCEPTION FOR PRIOR LOCAL PLANS.—

4 ‘‘(1) IN GENERAL.—If a local educational agen5 cy or State agency has on file with the State edu6 cational agency policies and procedures that dem7 onstrate that such local educational agency, or such 

8 State agency, as the case may be, meets any require9 ment of subsection (a), including any policies and 

10 procedures filed under this part as in effect before 

11 the effective date of the Improving Education Re12 sults for Children With Disabilities Act of 2003, the 

13 State educational agency shall consider such local 

14 educational agency or State agency, as the case may 

15 be, to have met such requirement for purposes of re16 ceiving assistance under this part. 

17 ‘‘(2) MODIFICATION MADE BY LOCAL EDU18 CATIONAL AGENCY.—Subject to paragraph (3), an 

19 application submitted by a local educational agency 

20 in accordance with this section shall remain in effect 

21 until it submits to the State educational agency such 

22 modifications as the local educational agency deems 

23 necessary. 

24 ‘‘(3) MODIFICATIONS REQUIRED BY STATE

25 EDUCATIONAL AGENCY.—If, after the date of the en-
90

•HR 1350 IH 

1 actment of the Improving Education Results for 

2 Children With Disabilities Act of 2003, the provi3 sions of this Act are amended (or the regulations de4 veloped to carry out this Act are amended), or there 

5 is a new interpretation of this Act by Federal or 

6 State courts, or there is an official finding of non7 compliance with Federal or State law or regulations, 

8 the State educational agency may require a local 

9 educational agency to modify its application only to 

10 the extent necessary to ensure the local educational 

11 agency’s compliance with this part or State law. 

12 ‘‘(c) NOTIFICATION OF LOCAL EDUCATIONAL AGEN13 CY OR STATE AGENCY IN CASE OF INELIGIBILITY.—If the 

14 State educational agency determines that a local edu15 cational agency or State agency is not eligible under this 

16 section, the State educational agency shall notify the local 

17 educational agency or State agency, as the case may be, 

18 of that determination and shall provide such local edu19 cational agency or State agency with reasonable notice and 

20 an opportunity for a hearing. 

21 ‘‘(d) LOCAL EDUCATIONAL AGENCY COMPLIANCE.—

22 ‘‘(1) IN GENERAL.—If the State educational 

23 agency, after reasonable notice and an opportunity 

24 for a hearing, finds that a local educational agency 

25 or State agency that has been determined to be eligi-
91

•HR 1350 IH 

1 ble under this section is failing to comply with any 

2 requirement described in subsection (a), the State 

3 educational agency shall reduce or shall not provide 

4 any further payments to the local educational agency 

5 or State agency until the State educational agency 

6 is satisfied that the local educational agency or State 

7 agency, as the case may be, is complying with that 

8 requirement. 

9 ‘‘(2) ADDITIONAL REQUIREMENT.—Any State 

10 agency or local educational agency in receipt of a no11 tice described in paragraph (1) shall, by means of 

12 public notice, take such measures as may be nec13 essary to bring the pendency of an action pursuant 

14 to this subsection to the attention of the public with15 in the jurisdiction of such agency. 

16 ‘‘(3) CONSIDERATION.—In carrying out its re17 sponsibilities under paragraph (1), the State edu18 cational agency shall consider any decision made in 

19 a hearing held under section 615 that is adverse to 

20 the local educational agency or State agency involved 

21 in that decision. 

22 ‘‘(e) JOINT ESTABLISHMENT OF ELIGIBILITY.—

23 ‘‘(1) JOINT ESTABLISHMENT.—

24 ‘‘(A) IN GENERAL.—A State educational 

25 agency may require a local educational agency 
92

•HR 1350 IH 

1 to establish its eligibility jointly with another 

2 local educational agency if the State educational 

3 agency determines that the local educational 

4 agency would be ineligible under this section be5 cause the local educational agency would not be 

6 able to establish and maintain programs of suf7 ficient size and scope to effectively meet the 

8 needs of children with disabilities. 

9 ‘‘(B) CHARTER SCHOOL EXCEPTION.—A 

10 State educational agency may not require a 

11 charter school that is a local educational agency 

12 to jointly establish its eligibility under subpara13 graph (A) unless it is explicitly permitted to do 

14 so under the State’s charter school statute. 

15 ‘‘(2) AMOUNT OF PAYMENTS.—If a State edu16 cational agency requires the joint establishment of 

17 eligibility under paragraph (1), the total amount of 

18 funds made available to the affected local edu19 cational agencies shall be equal to the sum of the 

20 payments that each such local educational agency 

21 would have received under section 611(g) if such 

22 agencies were eligible for such payments. 

23 ‘‘(3) REQUIREMENTS.—Local educational agen24 cies that establish joint eligibility under this sub25 section shall—
93

•HR 1350 IH 

1 ‘‘(A) adopt policies and procedures that 

2 are consistent with the State’s policies and pro3 cedures under section 612(a); and 

4 ‘‘(B) be jointly responsible for imple5 menting programs that receive assistance under 

6 this part. 

7 ‘‘(4) REQUIREMENTS FOR EDUCATIONAL SERV8 ICE AGENCIES.—

9 ‘‘(A) IN GENERAL.—If an educational serv10 ice agency is required by State law to carry out 

11 programs under this part, the joint responsibil12 ities given to local educational agencies under 

13 this subsection shall—

14 ‘‘(i) not apply to the administration 

15 and disbursement of any payments re16 ceived by that educational service agency; 

17 and 

18 ‘‘(ii) be carried out only by that edu19 cational service agency. 

20 ‘‘(B) ADDITIONAL REQUIREMENT.—Not21 withstanding any other provision of this sub22 section, an educational service agency shall pro23 vide for the education of children with disabil24 ities in the least restrictive environment, as re25 quired by section 612(a)(5). 
94

•HR 1350 IH 

1 ‘‘(f) PREREFERRAL SERVICES.—

2 ‘‘(1) IN GENERAL.—A local educational agency 

3 may not use more than 15 percent of the amount 

4 such agency receives under this part for any fiscal 

5 year, in combination with other amounts (which may 

6 include amounts other than education funds), to de7 velop and implement comprehensive coordinated 

8 prereferral educational support services for students 

9 in kindergarten through grade 12 (with a particular 

10 emphasis on students in grades kindergarten 

11 through 3) who have not been identified as needing 

12 special education or related services but who need 

13 additional academic and behavioral support to suc14 ceed in a general education environment. 

15 ‘‘(2) ACTIVITIES.—In implementing comprehen16 sive coordinated prereferral educational services 

17 under this subsection, a local educational agency 

18 may carry out the following activities: 

19 ‘‘(A) Professional development (which may 

20 be provided by entities other than local edu21 cational agencies) for teachers to enable them 

22 to deliver scientifically based academic and be23 havioral interventions, including scientifically 

24 based literacy instruction. 
95

•HR 1350 IH 

1 ‘‘(B) Providing educational and behavioral 

2 evaluations, services, and supports, including 

3 scientifically based literacy instruction. 

4 ‘‘(3) EXCLUSION.—Nothing in this subsection 

5 shall be construed to either limit or create a right 

6 to a free appropriate public education under this 

7 part. 

8 ‘‘(4) REPORTING.—Each local educational 

9 agency that develops and maintains comprehensive 

10 coordinated pre referral educational support services 

11 under this subsection shall annually report to the 

12 State educational agency on—

13 ‘‘(A) the number of students served under 

14 this subsection; and 

15 ‘‘(B) the number of students served under 

16 this subsection who subsequently receive special 

17 education and related services under this Act. 

18 ‘‘(5) COORDINATION WITH THE ELEMENTARY

19 AND SECONDARY EDUCATION ACT OF 1965.—

20 ‘‘(A) IN GENERAL.—Funds made available 

21 to carry out this subsection may be used to 

22 carry out comprehensive coordinated pre-refer23 ral educational support services aligned with ac24 tivities funded by, and carried out under, the 

25 Elementary and Secondary Education Act of 
96

•HR 1350 IH 

1 1965, such as Reading First and Early Reading 

2 First. 

3 ‘‘(B) MAINTANENCE OF EFFORT.—Funds 

4 used under this section shall be used to supple5 ment, and not supplant, funds made available 

6 under the Elementary and Secondary Education 

7 Act of 1965. 

8 ‘‘(g) DIRECT SERVICES BY THE STATE EDU9 CATIONAL AGENCY.—

10 ‘‘(1) IN GENERAL.—A State educational agency 

11 shall use the payments that would otherwise have 

12 been available to a local educational agency or to a 

13 State agency to provide special education and re14 lated services directly to children with disabilities re15 siding in the area served by that local agency, or for 

16 whom that State agency is responsible, if the State 

17 educational agency determines that the local edu18 cation agency or State agency, as the case may be—

19 (A) has not provided the information need20 ed to establish the eligibility of such agency 

21 under this section; 

22 (B) is unable to establish and maintain 

23 programs of free appropriate public education 

24 that meet the requirements of subsection (a); 
97

•HR 1350 IH 

1 ‘‘(C) is unable or unwilling to be consoli2 dated with one or more local educational agen3 cies in order to establish and maintain such 

4 programs; or 

5 ‘‘(D) has one or more children with disabil6 ities who can best be served by a regional or 

7 State program or service-delivery system de8 signed to meet the needs of such children. 

9 ‘‘(2) MANNER AND LOCATION OF EDUCATION

10 AND SERVICES.—The State educational agency may 

11 provide special education and related services under 

12 paragraph (1) in such manner and at such locations 

13 (including regional or State centers) as the State 

14 agency considers appropriate. Such education and 

15 services shall be provided in accordance with this 

16 part. 

17 ‘‘(h) STATE AGENCY ELIGIBILITY.—Any State agen18 cy that desires to receive a subgrant for any fiscal year 

19 under section 611(g) shall demonstrate to the satisfaction 

20 of the State educational agency that—

21 ‘‘(1) all children with disabilities who are par22 ticipating in programs and projects funded under 

23 this part receive a free appropriate public education, 

24 and that those children and their parents are pro-
98

•HR 1350 IH 

1 vided all the rights and procedural safeguards de2 scribed in this part; and 

3 ‘‘(2) the agency meets such other conditions of 

4 this section as the Secretary determines to be appro5 priate. 

6 ‘‘(i) DISCIPLINARY INFORMATION.—The State may 

7 require that a local educational agency include in the 

8 records of a child with a disability a statement of any cur9 rent or previous disciplinary action that has been taken 

10 against the child and transmit such statement to the same 

11 extent that such disciplinary information is included in, 

12 and transmitted with, the student records of nondisabled 

13 children. The statement may include a description of any 

14 behavior engaged in by the child that required disciplinary 

15 action, a description of the disciplinary action taken, and 

16 any other information that is relevant to the safety of the 

17 child and other individuals involved with the child. If the 

18 State adopts such a policy, and the child transfers from 

19 one school to another, the transmission of any of the 

20 child’s records must include both the child’s current indi21 vidualized education program and any such statement of 

22 current or previous disciplinary action that has been taken 

23 against the child.’’. 
99

•HR 1350 IH 

1 SEC. 204. EVALUATIONS, ELIGIBILITY DETERMINATIONS, 

2 INDIVIDUALIZED EDUCATION PROGRAMS, 

3 AND EDUCATIONAL PLACEMENTS. 

4 Section 614 of the Individuals with Disabilities Edu5 cation Act (20 U.S.C. 1414) is amended to read as follows: 

6 ‘‘SEC. 614. EVALUATIONS, ELIGIBILITY DETERMINATIONS, 

7 INDIVIDUALIZED EDUCATION PROGRAMS, 

8 AND EDUCATIONAL PLACEMENTS. 

9 ‘‘(a) EVALUATIONS, PARENTAL CONSENT, AND RE10 EVALUATIONS.—

11 ‘‘(1) INITIAL EVALUATIONS.—

12 ‘‘(A) IN GENERAL.—A State educational 

13 agency, other State agency, or local educational 

14 agency shall conduct a full and individual initial 

15 evaluation, in accordance with this paragraph 

16 and subsection (b), before the initial provision 

17 of special education and related services to a 

18 child with a disability under this part. 

19 ‘‘(B) REQUEST FOR INITIAL EVALUA20 TION.—Consistent with subparagraph (D), ei21 ther a parent of a child, a State educational 

22 agency, other State agency as appropriate, or 

23 local educational agency may initiate a request 

24 for an initial evaluation to determine if the 

25 child is a child with a disability. 
100

•HR 1350 IH 

1 ‘‘(C) PROCEDURES.—Such initial evalua2 tion shall consist of procedures—

3 ‘‘(i) to determine whether a child is a 

4 child with a disability (as defined in sec5 tion 602(3)); and 

6 ‘‘(ii) to determine the educational 

7 needs of such child. 

8 ‘‘(D) PARENTAL CONSENT.—

9 ‘‘(i) IN GENERAL.—

10 ‘‘(I) CONSENT FOR INITIAL

11 EVALUATION.—The agency proposing 

12 to conduct an initial evaluation to de13 termine if the child qualifies as a child 

14 with a disability as defined in section 

15 602(3)(A) or 602(3)(B) shall obtain 

16 informed consent from the parent of 

17 such child before conducting the eval18 uation. Parental consent for evalua19 tion shall not be construed as consent 

20 for placement for receipt of special 

21 education and related services. 

22 ‘‘(II) CONSENT FOR SERVICES.—

23 An agency that is responsible for 

24 making a free appropriate public edu25 cation available to a child with a dis-
101

•HR 1350 IH 

1 ability under this part shall seek to 

2 obtain informed consent from the par3 ent of such child before providing spe4 cial education and related services to 

5 the child. 

6 ‘‘(ii) ABSENCE OF CONSENT.—

7 ‘‘(I) FOR INITIAL EVALUATION.—

8 If the parents of such child do not 

9 provide consent for an initial evalua10 tion under clause (i)(I), or the parents 

11 fail to respond to a request to provide 

12 the consent, the local educational 

13 agency may pursue the initial evalua14 tion of the child through the proce15 dures described in section 615, except 

16 to the extent inconsistent with State 

17 law relating to such parental consent. 

18 ‘‘(II) FOR SERVICES.—If the par19 ents of such child do not provide con20 sent for services under clause (i)(II), 

21 or the parents fail to respond to a re22 quest to provide the consent, the local 

23 educational agency shall not provide 

24 special education and related services 
102

•HR 1350 IH 

1 to the child through the procedures 

2 described in section 615. 

3 ‘‘(III) EFFECT ON AGENCY OBLI4 GATIONS.—In any case for which 

5 there is an absence of consent for an 

6 initial evaluation under subclause (I), 

7 or for which there is an absence of 

8 consent for services under subclause 

9 (II)—

10 ‘‘(aa) the local educational 

11 agency shall not be required to 

12 convene an IEP meeting or de13 velop an IEP under this section 

14 for the child; and 

15 ‘‘(bb) the local educational 

16 agency shall not be considered to 

17 be in violation of any require18 ment under this part (including 

19 the requirement to make avail20 able a free appropriate public 

21 education to the child) with re22 spect to the lack of an initial 

23 evaluation of the child, an IEP 

24 meeting with respect to the child, 
103

•HR 1350 IH 

1 or the development of an IEP 

2 under this section for the child. 

3 ‘‘(2) REEVALUATIONS.—

4 ‘‘(A) IN GENERAL.—A local educational 

5 agency shall ensure that a reevaluation of each 

6 child with a disability is conducted in accord7 ance with subsections (b) and (c)—

8 ‘‘(i) if the local educational agency de9 termines that the educational needs, in10 cluding improved academic achievement, of 

11 the child warrant a reevaluation; or 

12 ‘‘(ii) if the child’s parent or teacher 

13 requests a reevaluation. 

14 ‘‘(B) LIMITATION.—A reevaluation con15 ducted under subparagraph (A) shall occur—

16 ‘‘(i) no more than once a year, unless 

17 the parent and the local educational agen18 cy agree otherwise; and 

19 ‘‘(ii) at least once every three years, 

20 unless the parent and the local educational 

21 agency agree that a reevaluation is unnec22 essary. 

23 ‘‘(b) EVALUATION PROCEDURES.—

24 ‘‘(1) NOTICE.—The local educational agency 

25 shall provide notice to the parent of a child with a 
104

•HR 1350 IH 

1 disability, in accordance with subsections (b)(3), 

2 (b)(4), and (c) of section 615, that describes any 

3 evaluation procedures such agency proposes to con4 duct. 

5 ‘‘(2) CONDUCT OF EVALUATION.—In con6 ducting the evaluation, the local educational agency 

7 shall—

8 ‘‘(A) use multiple up-to-date measures and 

9 assessments to gather relevant functional, de10 velopmental, and academic information, includ11 ing information provided by the parent, to as12 sist in determining—

13 ‘‘(i) whether the child is a child with 

14 a disability; and 

15 ‘‘(ii) the content of the child’s individ16 ualized education program, including infor17 mation related to enabling the child to be 

18 involved in and progress in the general 

19 education curriculum or, for preschool chil20 dren, to participate in appropriate activi21 ties; and 

22 ‘‘(B) not use any single measure or assess23 ment as the sole criterion for determining 

24 whether a child is a child with a disability or 
105

•HR 1350 IH 

1 determining an appropriate educational pro2 gram for the child; and 

3 ‘‘(C) use technically sound instruments 

4 that may assess the relative contribution of cog5 nitive and behavioral factors, in addition to 

6 physical or developmental factors. 

7 ‘‘(3) ADDITIONAL REQUIREMENTS.—Each local 

8 educational agency shall ensure that—

9 ‘‘(A) assessments and other evaluation 

10 measures used to assess a child under this sec11 tion—

12 ‘‘(i) are selected and administered so 

13 as not to be discriminatory on a racial or 

14 cultural basis; 

15 ‘‘(ii) are provided and administered, 

16 to the extent practicable, in the language 

17 and form most likely to yield accurate aca18 demic and developmental data; 

19 ‘‘(iii) are used for the designed pur20 poses for which the assessments or meas21 ures are valid and reliable; 

22 ‘‘(iv) are administered by trained and 

23 knowledgeable personnel; and 
106

•HR 1350 IH 

1 ‘‘(v) are administered in accordance 

2 with any instructions provided by the pro3 ducer of such tests; 

4 ‘‘(B) the child is assessed in all areas for 

5 which there is a reasonable basis to believe that 

6 a disability may exist; and 

7 ‘‘(C) assessment tools and strategies that 

8 provide relevant information that directly as9 sists persons in determining the educational 

10 needs of the child are provided. 

11 ‘‘(4) DETERMINATION OF ELIGIBILITY AND

12 EDUCATIONAL NEED.—Upon completion of the ad13 ministration of assessments and other evaluation 

14 measures used in the initial evaluation—

15 ‘‘(A) the determination of whether the 

16 child is a child with a disability as defined in 

17 section 602(3) and the educational needs of the 

18 child shall be made by a team of qualified pro19 fessionals and the parent of the child in accord20 ance with paragraph (5); and 

21 ‘‘(B) a copy of the evaluation report and 

22 the documentation of determination of eligibility 

23 will be given to the parent. 

24 ‘‘(5) SPECIAL RULE FOR ELIGIBILITY DETER25 MINATION.—In making a determination of eligibility 
107

•HR 1350 IH 

1 under paragraph (4)(A), a child shall not be deter2 mined to be a child with a disability if the deter3 minant factor for such determination is—

4 ‘‘(A) lack of scientifically-based instruction 

5 practices and programs that contain the essen6 tial components of reading instruction (as that 

7 term is defined in section 1208(3) of the Ele8 mentary and Secondary Education Act of 

9 1965); 

10 ‘‘(B) lack of instruction in math; or 

11 ‘‘(C) limited English proficiency. 

12 ‘‘(6) SPECIFIC LEARNING DISABILITIES.—

13 ‘‘(A) IN GENERAL.—Notwithstanding sec14 tion 607 of this Act, or any other provision of 

15 law, when determining whether a child has a 

16 specific learning disability as defined under this 

17 Act, the local educational agency shall not be 

18 required to take into consideration whether the 

19 child has a severe discrepancy between achieve20 ment and intellectual ability in oral expression, 

21 listening comprehension, written expression, 

22 basic reading skill, reading comprehension, 

23 mathematical calculation, or mathematical rea24 soning. 
108

•HR 1350 IH 

1 ‘‘(B) ADDITIONAL AUTHORITY.—In deter2 mining whether a child has a specific learning 

3 disability, a local educational agency may use a 

4 process which determines if a child responds to 

5 scientific, research-based intervention. 

6 ‘‘(c) ADDITIONAL REQUIREMENTS FOR EVALUATION

7 AND REEVALUATIONS.—

8 ‘‘(1) REVIEW OF EXISTING EVALUATION

9 DATA.—As part of an initial evaluation (if appro10 priate) and as part of any reevaluation under this 

11 section, the IEP Team described in subsection 

12 (d)(1)(B) and other qualified professionals, as ap13 propriate, shall—

14 ‘‘(A) review existing evaluation data on the 

15 child, including evaluations and information 

16 provided by the parents of the child, current 

17 classroom-based local or State assessments, and 

18 classroom-based observations, and teacher and 

19 related services providers observation; and 

20 ‘‘(B) on the basis of that review, and input 

21 from the child’s parents, identify what addi22 tional data, if any, are needed to determine—

23 ‘‘(i) whether the child is a child with 

24 a disability as defined in section 602(3), 

25 and the educational needs of the child, or, 
109

•HR 1350 IH 

1 in case of a reevaluation of a child, wheth2 er the child continues to have such a dis3 ability and such educational needs; 

4 ‘‘(ii) the present levels of academic 

5 achievement and developmental needs of 

6 the child; 

7 ‘‘(iii) whether the child needs special 

8 education and related services, or in the 

9 case of a reevaluation of a child, whether 

10 the child continues to need special edu11 cation and related services; and 

12 ‘‘(iv) whether any additions or modi13 fications to the special education and re14 lated services are needed to enable the 

15 child to meet the measurable annual goals 

16 set out in the individualized education pro17 gram of the child and to participate, as ap18 propriate, in the general education cur19 riculum. 

20 ‘‘(2) SOURCE OF DATA.—The local educational 

21 agency shall administer such assessments and other 

22 evaluation measures as may be needed to produce 

23 the data identified by the IEP Team under para24 graph (1)(B). 
110

•HR 1350 IH 

1 ‘‘(3) PARENTAL CONSENT.—Each local edu2 cational agency shall obtain informed parental con3 sent, in accordance with subsection (a)(1)(D), prior 

4 to conducting any reevaluation of a child with a dis5 ability, except that such informed parental consent 

6 need not be obtained if the local educational agency 

7 can demonstrate that it had taken reasonable meas8 ures to obtain such consent and the child’s parent 

9 has failed to respond. 

10 ‘‘(4) REQUIREMENTS IF ADDITIONAL DATA ARE

11 NOT NEEDED.—If the IEP Team and other qualified 

12 professionals, as appropriate, determine that no ad13 ditional data are needed to determine whether the 

14 child continues to be a child with a disability and to 

15 determine the child’s educational needs, the local 

16 educational agency—

17 ‘‘(A) shall notify the child’s parents of—

18 ‘‘(i) that determination and the rea19 sons for it; and 

20 ‘‘(ii) the right of such parents to re21 quest an assessment to determine whether 

22 the child continues to be a child with a dis23 ability and to determine the child’s edu24 cational needs; and 
111

•HR 1350 IH 

1 ‘‘(B) shall not be required to conduct such 

2 an assessment unless requested to by the child’s 

3 parents. 

4 ‘‘(5) EVALUATIONS BEFORE CHANGE IN ELIGI5 BILITY.—A local educational agency shall evaluate a 

6 child with a disability in accordance with this section 

7 before determining that the child is no longer a child 

8 with a disability. 

9 ‘‘(d) INDIVIDUALIZED EDUCATION PROGRAMS.—

10 ‘‘(1) DEFINITIONS.—As used in this title: 

11 ‘‘(A) INDIVIDUALIZED EDUCATION PRO12 GRAM.—

13 ‘‘(i) IN GENERAL.—The term ‘individ14 ualized education program’ or ‘IEP’ means 

15 a written statement for each child with a 

16 disability that is developed, reviewed, and 

17 revised in accordance with this section and 

18 that includes—

19 ‘‘(I) a statement of the child’s 

20 present levels of academic achieve21 ment and developmental needs, includ22 ing—

23 ‘‘(aa) how the child’s dis24 ability affects the child’s involve-
112

•HR 1350 IH 

1 ment and progress in the general 

2 education curriculum; or 

3 ‘‘(bb) for preschool children, 

4 as appropriate, how the disability 

5 affects the child’s participation in 

6 appropriate activities; 

7 ‘‘(II) a statement of measurable 

8 annual goals designed to—

9 ‘‘(aa) enable the child to be 

10 involved in and make progress in 

11 the general education curriculum; 

12 and 

13 ‘‘(bb) meet the child’s other 

14 educational needs that result 

15 from the child’s disability; 

16 ‘‘(III) a statement of the special 

17 education and related services and 

18 supplementary aids and services, 

19 based on peer-reviewed research, to be 

20 provided to the child, or on behalf of 

21 the child, and a statement of the pro22 gram modifications or supports for 

23 school personnel that will be provided 

24 for the child—
113

•HR 1350 IH 

1 ‘‘(aa) to advance appro2 priately toward attaining the an3 nual goals; 

4 ‘‘(bb) to be involved in and 

5 make progress in the general 

6 education curriculum in accord7 ance with subclause (I) and to 

8 participate in extracurricular and 

9 other nonacademic activities; and 

10 ‘‘(cc) to be educated and 

11 participate with other children 

12 with disabilities and nondisabled 

13 children in the activities de14 scribed in this paragraph; 

15 ‘‘(IV) an explanation of the ex16 tent, if any, to which the child will not 

17 participate with nondisabled children 

18 in the regular class and in the activi19 ties described in subclause (III)(cc); 

20 ‘‘(V)(aa) a statement of any indi21 vidual reasonable and appropriate ac22 commodations in the administration 

23 of State or districtwide assessments of 

24 student achievement that are nec25 essary to measure the academic 
114

•HR 1350 IH 

1 achievement of the child consistent 

2 with section 612(a)(16)(A)(ii); and 

3 ‘‘(bb) if the IEP Team deter4 mines that the child will not partici5 pate in a particular State or district6 wide assessment of student achieve7 ment (or part of such an assessment), 

8 a statement of—

9 ‘‘(AA) why that assessment 

10 is not appropriate for the child; 

11 and 

12 ‘‘(BB) how the child will be 

13 assessed consistent with 

14 612(a)(16)(A); 

15 ‘‘(VI) the projected date for the 

16 beginning of the services and modi17 fications described in subclause (III), 

18 and the anticipated frequency, loca19 tion, and duration of those services 

20 and modifications; 

21 ‘‘(VII)(aa) beginning at age 14, 

22 and updated annually, a statement of 

23 the transition service needs of the 

24 child under the applicable components 

25 of the child’s IEP that focuses on the 
115

•HR 1350 IH 

1 child’s courses of study (such as par2 ticipation in advanced-placement 

3 courses or a vocational education pro4 gram); 

5 ‘‘(bb) beginning at age 16 (or 

6 younger, if determined appropriate by 

7 the IEP Team), a statement of need8 ed transition services for the child, in9 cluding, when appropriate, a state10 ment of the interagency responsibil11 ities or any needed linkages; and 

12 ‘‘(cc) beginning at least one year 

13 before the child reaches the age of 

14 majority under State law, a statement 

15 that the child has been informed of 

16 his or her rights under this title, if 

17 any, that will transfer to the child on 

18 reaching the age of majority under 

19 section 615(m); and 

20 ‘‘(VIII) a statement of—

21 ‘‘(aa) how the child’s 

22 progress toward the annual goals 

23 described in subclause (II) will be 

24 measured; and 
116

•HR 1350 IH 

1 ‘‘(bb) how the child’s par2 ents will be regularly informed 

3 (by such means as periodic report 

4 cards), at least as often as par5 ents are informed of their non6 disabled children’s progress, of 

7 the sufficiency of their child’s 

8 progress toward the annual goals 

9 described in subclause (II). 

10 ‘‘(ii) RULE OF CONSTRUCTION.—

11 Nothing in this subparagraph shall be con12 strued to require—

13 ‘‘(I) that additional information 

14 be included in a child’s IEP beyond 

15 what is explicitly required in this sub16 paragraph; and 

17 ‘‘(II) the IEP Team to include 

18 information under one component of a 

19 child’s IEP that is already contained 

20 under another component of such 

21 IEP. 

22 ‘‘(B) INDIVIDUALIZED EDUCATION PRO23 GRAM TEAM.—The term ‘individualized edu24 cation program team’ or ‘IEP Team’ means a 

25 group of individuals composed of—
117

•HR 1350 IH 

1 ‘‘(i) the parents of a child with a dis2 ability; 

3 ‘‘(ii) a regular education teacher of 

4 such child (if the child is, or may be, par5 ticipating the majority of the day in the 

6 regular education environment), but such 

7 teacher shall not be required to attend a 

8 meeting or part of a meeting of the IEP 

9 Team involving issues not related to the 

10 child’s participation in the regular edu11 cation environment, nor shall multiple reg12 ular education teachers, if the child has 

13 more than one regular education teacher, 

14 be required to attend a meeting, or part of 

15 a meeting, of the IEP team; 

16 ‘‘(iii) at least one special education 

17 teacher, or where appropriate, at least one 

18 special education provider of such child; 

19 ‘‘(iv) a representative of the local edu20 cational agency who—

21 ‘‘(I) is qualified to provide, or su22 pervise the provision of, specially de23 signed instruction to meet the unique 

24 needs of children with disabilities; 
118

•HR 1350 IH 

1 ‘‘(II) is knowledgeable about the 

2 general education curriculum; and 

3 ‘‘(III) is knowledgeable about the 

4 availability of resources of the local 

5 educational agency; 

6 ‘‘(v) an individual who can interpret 

7 the instructional implications of evaluation 

8 results, who may be a member of the team 

9 described in clauses (ii) through (vi); 

10 ‘‘(vi) at the discretion of the parent or 

11 the agency, other individuals who have 

12 knowledge or special expertise regarding 

13 the child, including related services per14 sonnel as appropriate; and 

15 ‘‘(vii) whenever appropriate, the child 

16 with a disability. 

17 ‘‘(2) REQUIREMENT THAT PROGRAM BE IN EF18 FECT.—

19 ‘‘(A) IN GENERAL.—At the beginning of 

20 each school year, each local educational agency, 

21 State educational agency, or other State agen22 cy, as the case may be, shall have in effect, for 

23 each child with a disability in its jurisdiction, 

24 an individualized education program, as defined 

25 in paragraph (1)(A). 
119

•HR 1350 IH 

1 ‘‘(B) PROGRAM FOR CHILD AGED 3

2 THROUGH 5.—In the case of a child with a dis3 ability aged 3 through 5 (or, at the discretion 

4 of the State educational agency, a 2 year-old 

5 child with a disability who will turn age 3 dur6 ing the school year), an individualized family 

7 service plan that contains the material de8 scribed in section 636, and that is developed in 

9 accordance with this section, may serve as the 

10 IEP of the child if using that plan as the IEP 

11 is—

12 ‘‘(i) consistent with State policy; and 

13 ‘‘(ii) agreed to by the agency and the 

14 child’s parents. 

15 ‘‘(3) DEVELOPMENT OF IEP.—

16 ‘‘(A) IN GENERAL.—In developing each 

17 child’s IEP, the IEP Team, subject to subpara18 graph (C), shall consider—

19 ‘‘(i) the results of the initial evalua20 tion or most recent evaluation of the child; 

21 ‘‘(ii) the academic and developmental 

22 needs of the child; 

23 ‘‘(iii) the strengths of the child; and 

24 ‘‘(iv) the concerns of the parents for 

25 enhancing the education of their child. 
120

•HR 1350 IH 

1 ‘‘(B) CONSIDERATION OF SPECIAL FAC2 TORS.—The IEP Team shall—

3 ‘‘(i) in the case of a child whose be4 havior impedes his or her learning or that 

5 of others, consider the use of positive be6 havioral interventions and supports, and 

7 other strategies, to address that behavior; 

8 ‘‘(ii) in the case of a child with limited 

9 English proficiency, consider the language 

10 needs of the child as such needs relate to 

11 the child’s IEP; 

12 ‘‘(iii) in the case of a child who is 

13 blind or visually impaired, provide for in14 struction in Braille and the use of Braille 

15 unless the IEP Team determines, after an 

16 evaluation of the child’s reading and writ17 ing skills, needs, and appropriate reading 

18 and writing media (including an evaluation 

19 of the child’s future needs for instruction 

20 in Braille or the use of Braille), that in21 struction in Braille or the use of Braille is 

22 not appropriate for the child; 

23 ‘‘(iv) consider the communication 

24 needs of the child, and in the case of a 

25 child who is deaf or hard of hearing, con-
121

•HR 1350 IH 

1 sider the child’s language and communica2 tion needs, opportunities for direct commu3 nications with peers and professional per4 sonnel in the child’s language and commu5 nication mode, academic level, and full 

6 range of needs, including opportunities for 

7 direct instruction in the child’s language 

8 and communication mode; and 

9 ‘‘(v) consider whether the child re10 quires assistive technology devices and 

11 services. 

12 ‘‘(C) REQUIREMENT WITH RESPECT TO

13 REGULAR EDUCATION TEACHER.—The regular 

14 education teacher of the child, if a member of 

15 the IEP Team pursuant to paragraph 

16 (1)(B)(ii), shall, to the extent appropriate, par17 ticipate in the development of the IEP of the 

18 child, including the determination of appro19 priate positive behavioral interventions and sup20 ports, and other strategies and the determina21 tion of supplementary aids and services, pro22 gram modifications, and support for school per23 sonnel consistent with paragraph (1)(A)(i)(III). 

24 ‘‘(D) IEP TEAM ATTENDANCE.—The par25 ent of a child with a disability and the local 
122

•HR 1350 IH 

1 educational agency may jointly excuse any 

2 member of the IEP Team from attending all or 

3 part of an IEP meeting if they agree that the 

4 member’s attendance is not necessary. The IEP 

5 Team may obtain the member’s input prior to 

6 an IEP meeting from which the member is ex7 cused. 

8 ‘‘(E) AGREEMENT ON MEETING.—In mak9 ing changes to a child’s IEP after the annual 

10 IEP meeting, the parent of a child with a dis11 ability and the local educational agency may 

12 agree not to reconvene the IEP team and in13 stead develop a written document to amend or 

14 modify the child’s current IEP. 

15 ‘‘(F) CONSOLIDATION OF IEP TEAM MEET16 INGS.—To the extent possible, the local edu17 cational agency shall encourage the consolida18 tion of IEP Team meetings for a child. 

19 ‘‘(G) AMENDMENTS.—Changes to the IEP 

20 may be made either by the entire IEP Team or, 

21 as provided in subparagraph (E), by amending 

22 the IEP rather than by redrafting the entire 

23 IEP. 

24 ‘‘(4) REVIEW AND REVISION OF IEP.—
123

•HR 1350 IH 

1 ‘‘(A) IN GENERAL.—The local educational 

2 agency shall ensure that, subject to subpara3 graph (B), the IEP Team—

4 ‘‘(i) reviews the child’s IEP periodi5 cally, but not less than annually, to deter6 mine whether the annual goals for the 

7 child are being achieved; and 

8 ‘‘(ii) revises the IEP as appropriate to 

9 address—

10 ‘‘(I) any lack of expected 

11 progress toward the annual goals and 

12 in the general education curriculum, 

13 where appropriate; 

14 ‘‘(II) the results of any reevalua15 tion conducted under this section; 

16 ‘‘(III) information about the 

17 child provided to, or by, the parents, 

18 as described in subsection (c)(1)(B); 

19 ‘‘(IV) the child’s anticipated 

20 needs; or 

21 ‘‘(V) other matters. 

22 ‘‘(B) REQUIREMENT WITH RESPECT TO

23 REGULAR EDUCATION TEACHER.—The regular 

24 education teacher of the child, if a member of 

25 the IEP Team, shall, consistent with section 
124

•HR 1350 IH 

1 614(d)(1)(B)(ii), participate in the review and 

2 revision of the IEP of the child. 

3 ‘‘(5) MULTI-YEAR IEP.—

4 ‘‘(A) DEVELOPMENT.—The local edu5 cational agency may offer to the parent of a 

6 child with a disability the option of developing 

7 a comprehensive multi-year IEP, not to exceed 

8 3 years, that is designed to cover the natural 

9 transition points for the child. With the consent 

10 of the parent, the IEP Team shall develop an 

11 IEP, as described in paragraphs (1) and (3), 

12 that is designed to serve the child for the ap13 propriate multi-year period, which includes a 

14 statement of—

15 ‘‘(i) measurable goals pursuant to 

16 paragraph (1)(A)(i)(II), coinciding with 

17 natural transition points for the child, that 

18 will enable the child to be involved in and 

19 make progress in the general education 

20 curriculum and that will meet the child’s 

21 other needs that result from the child’s 

22 disability; and 

23 ‘‘(ii) measurable annual goals for de24 termining progress toward meeting the 

25 goals described in clause (i). 
125

•HR 1350 IH 

1 ‘‘(B) REVIEW AND REVISION OF MULTI2 YEAR IEP.—

3 ‘‘(i) REQUIREMENT.—The IEP Team 

4 shall conduct a review under paragraph (4) 

5 of the child’s multi-year IEP at each of the 

6 child’s natural transition points. 

7 ‘‘(ii) STREAMLINED ANNUAL REVIEW

8 PROCESS.—In years other than a child’s 

9 natural transition points, the local edu10 cational agency shall ensure that the IEP 

11 Team—

12 ‘‘(I) provides an annual review of 

13 the child’s IEP to determine the 

14 child’s current levels of progress and 

15 determine whether the annual goals 

16 for the child are being achieved; and 

17 ‘‘(II) amends the IEP, as appro18 priate, to enable the child to continue 

19 to meet the measurable goals set out 

20 in the IEP. 

21 ‘‘(iii) COMPREHENSIVE REVIEW PROC22 ESS.—If the IEP Team determines, on the 

23 basis of the review under clause (i), that 

24 the child is not making sufficient progress 

25 toward the goals described in subpara-
126

•HR 1350 IH 

1 graph (A), the local educational agency 

2 shall ensure that the IEP Team reviews 

3 the IEP under paragraph (4), within 30 

4 calendar days. 

5 ‘‘(iv) PARENTAL PREFERENCE.—At 

6 the request of the parent, the IEP Team 

7 shall conduct a review under paragraph (4) 

8 of the child’s multi-year IEP rather than a 

9 streamlined annual review under clause 

10 (ii). 

11 ‘‘(C) DEFINITION.—As used in this para12 graph, the term ‘natural transition points’ 

13 means those periods that are close in time to 

14 the transition of a child with a disability from 

15 preschool to elementary grades, from elemen16 tary grades to middle or junior high school 

17 grades, from middle or junior high school 

18 grades to high school grades, and from high 

19 school grades to post-secondary activities, but 

20 in no case longer than three years. 

21 ‘‘(6) FAILURE TO MEET TRANSITION OBJEC22 TIVES.—If a participating agency, other than the 

23 local educational agency, fails to provide the transi24 tion services described in the IEP in accordance with 

25 paragraph (1)(A)(i)(II), the local educational agency 
127

•HR 1350 IH 

1 shall reconvene the IEP Team to identify alternative 

2 strategies to meet the transition objectives for the 

3 child set out in that program. 

4 ‘‘(7) CHILDREN WITH DISABILITIES IN ADULT

5 PRISONS.—

6 ‘‘(A) IN GENERAL.—The following require7 ments do not apply to children with disabilities 

8 who are convicted as adults under State law 

9 and incarcerated in adult prisons: 

10 ‘‘(i) The requirements contained in 

11 section 612(a)(16) and paragraph 

12 (1)(A)(i)(V) of this subsection (relating to 

13 participation of children with disabilities in 

14 general assessments). 

15 ‘‘(ii) The requirements of items (aa) 

16 and (bb) of paragraph (1)(A)(i)(VII) of 

17 this subsection (relating to transition plan18 ning and transition services), do not apply 

19 with respect to such children whose eligi20 bility under this part will end, because of 

21 their age, before they will be released from 

22 prison. 

23 ‘‘(B) ADDITIONAL REQUIREMENT.—If a 

24 child with a disability is convicted as an adult 

25 under State law and incarcerated in an adult 
128

•HR 1350 IH 

1 prison, the child’s IEP Team may modify the 

2 child’s IEP or placement notwithstanding the 

3 requirements of sections 612(a)(5)(A) and 

4 614(d)(1)(A) if the State has demonstrated a 

5 bona fide security or compelling penological in6 terest that cannot otherwise be accommodated. 

7 ‘‘(e) EDUCATIONAL PLACEMENTS.—Each local edu8 cational agency or State educational agency shall ensure 

9 that the parents of each child with a disability are mem10 bers of any group that makes decisions on the educational 

11 placement of their child. 

12 ‘‘(f) ALTERNATIVE MEANS OF MEETING PARTICIPA13 TION.—When conducting IEP team meetings and place14 ment meetings pursuant to this section and 615, the par15 ent of a child with a disability and a local educational 

16 agency may agree to use alternative means of meeting par17 ticipation, such as video conferences and conference 

18 calls.’’. 

19 SEC. 205. PROCEDURAL SAFEGUARDS. 

20 (a) ESTABLISHMENT OF PROCEDURES.—Section 

21 615(a) of the Individuals with Disabilities Education Act 

22 (20 U.S.C. 1415(a)) is amended to read as follows: 

23 ‘‘(a) ESTABLISHMENT OF PROCEDURES.—Any State 

24 educational agency, State agency, or local educational 

25 agency that receives assistance under this part shall estab-
129

•HR 1350 IH 

1 lish and maintain procedures in accordance with this sec2 tion to ensure that children with disabilities and their par3 ents are guaranteed procedural safeguards with respect to 

4 the provision of free appropriate public education by such 

5 agencies.’’. 

6 (b) TYPES OF PROCEDURES.—Section 615(b) of the 

7 Individuals with Disabilities Education Act (20 U.S.C. 

8 1415(b)) is amended to read as follows: 

9 ‘‘(b) TYPES OF PROCEDURES.—The procedures re10 quired by this section shall include—

11 ‘‘(1) an opportunity for the parents of a child 

12 with a disability to examine all records relating to 

13 such child and to participate in meetings with re14 spect to the identification, evaluation, and edu15 cational placement of the child, and the provision of 

16 a free appropriate public education to such child, 

17 and to obtain an independent educational evaluation 

18 of the child; 

19 ‘‘(2) procedures to protect the rights of the 

20 child whenever the parents of the child are not 

21 known, the agency cannot, after reasonable efforts, 

22 locate the parents, or the child is a ward of the 

23 State, including the assignment of an individual 

24 (who shall not be an employee of the State edu25 cational agency, the local educational agency, or any 
130

•HR 1350 IH 

1 other agency that is involved in the education or 

2 care of the child) to act as a surrogate for the par3 ents; 

4 ‘‘(3) written prior notice to the parents of the 

5 child whenever such agency—

6 ‘‘(A) proposes to initiate or change; or 

7 ‘‘(B) refuses to initiate or change; 

8 the identification, evaluation, or educational place9 ment of the child, in accordance with subsection (c), 

10 or the provision of a free appropriate public edu11 cation to the child; 

12 ‘‘(4) procedures designed to ensure that the no13 tice required by paragraph (3) is in the native lan14 guage of the parents, unless it clearly is not feasible 

15 to do so; 

16 ‘‘(5) an opportunity for mediation and vol17 untary binding arbitration, in accordance with sub18 section (e); 

19 ‘‘(6) an opportunity to present complaints—

20 ‘‘(A) with respect to any matter relating to 

21 the identification, evaluation, or educational 

22 placement of the child, or the provision of a free 

23 appropriate public education to such child; and 
131

•HR 1350 IH 

1 ‘‘(B) which set forth a violation that oc2 curred not more than one year before the com3 plaint is filed; 

4 ‘‘(7)(A) procedures that require the parent of a 

5 child with a disability, or the attorney representing 

6 the child, to provide notice (which shall remain con7 fidential)—

8 ‘‘(i) to the local educational agency or 

9 State educational agency (if the State edu10 cational agency is the direct provider of services 

11 pursuant to section 613(g)), in the complaint 

12 filed under paragraph (6); and 

13 ‘‘(ii) that shall include—

14 ‘‘(I) the name of the child, the ad15 dress of the residence of the child, and the 

16 name of the school the child is attending; 

17 ‘‘(II) a description of the specific 

18 issues regarding the nature of the problem 

19 of the child relating to such proposed initi20 ation or change, including facts relating to 

21 such problem; and 

22 ‘‘(III) a proposed resolution of the 

23 problem to the extent known and available 

24 to the parents at the time; 
132

•HR 1350 IH 

1 ‘‘(B) a requirement that a parent of a child 

2 with a disability may not have a due process hearing 

3 until the parent, or the attorney representing the 

4 child, files a notice that meets the requirements of 

5 this paragraph; and 

6 ‘‘(8) procedures that require the State edu7 cational agency to develop a model form to assist 

8 parents in filing a complaint in accordance with 

9 paragraph (7).’’. 

10 (c) CONTENT OF PRIOR WRITTEN NOTICE.—Section 

11 615(c) of the Individuals with Disabilities Education Act 

12 (20 U.S.C. 1415(c)) is amended to read as follows: 

13 ‘‘(c) CONTENT OF PRIOR WRITTEN NOTICE.—

14 ‘‘(1) CONTENT.—The notice required by sub15 section (b)(3) shall include—

16 ‘‘(A) a description of the action proposed 

17 or refused by the agency; 

18 ‘‘(B) an explanation of why the agency 

19 proposes or refuses to take the action and a de20 scription of each evaluation procedure, test, 

21 record, or report the agency used as a basis for 

22 the proposed or refused action; 

23 ‘‘(C) a statement that the parents of a 

24 child with a disability have protection under the 

25 procedural safeguards of this part and, if this 
133

•HR 1350 IH 

1 notice is not an initial referral for evaluation, 

2 the means by which a copy of a description of 

3 the procedural safeguards can be obtained; and 

4 ‘‘(D) sources for parents to contact to ob5 tain assistance in understanding the provisions 

6 of this part. 

7 ‘‘(2) RULE OF CONSTRUCTION.—The failure to 

8 provide notice under subsection (b)(3) shall not, in 

9 and of itself, result in a finding by a hearing officer 

10 at a due process hearing conducted pursuant to sub11 section (f), that the local educational agency’s pro12 posed action was not appropriate.’’. 

13 (d) PROCEDURAL SAFEGUARDS NOTICE.—Section 

14 615(d) of the Individuals with Disabilities Education Act 

15 (20 U.S.C. 1415(d)) is amended to read as follows: 

16 ‘‘(d) PROCEDURAL SAFEGUARDS NOTICE.—

17 ‘‘(1) IN GENERAL.—A copy of the procedural 

18 safeguards available to the parents of a child with 

19 a disability shall be given to the parents, at a min20 imum—

21 ‘‘(A) upon initial referral or parental re22 quest for evaluation; 

23 ‘‘(B) annually, at the beginning of the 

24 school year; and 

25 ‘‘(C) upon written request by a parent. 
134

•HR 1350 IH 

1 ‘‘(2) CONTENTS.—The procedural safeguards 

2 notice shall include a description of the procedural 

3 safeguards, written in the native language of the 

4 parents, unless it clearly is not feasible to do so, and 

5 written in an easily understandable manner, avail6 able under this section and under regulations pro7 mulgated by the Secretary relating to—

8 ‘‘(A) independent educational evaluation; 

9 ‘‘(B) prior written notice; 

10 ‘‘(C) parental consent; 

11 ‘‘(D) access to educational records; 

12 ‘‘(E) opportunity to present complaints; 

13 ‘‘(F) the child’s placement during pend14 ency of due process proceedings; 

15 ‘‘(G) procedures for students who are sub16 ject to placement in an interim alternative edu17 cational setting; 

18 ‘‘(H) requirements for unilateral placement 

19 by parents of children in private schools at pub20 lic expense; 

21 ‘‘(I) mediation, early dispute resolution, 

22 and voluntary binding arbitration; 

23 ‘‘(J) due process hearings, including re24 quirements for disclosure of evaluation results 

25 and recommendations; 
135

•HR 1350 IH 

1 ‘‘(K) State-level appeals (if applicable in 

2 that State); 

3 ‘‘(L) civil actions; and 

4 ‘‘(M) attorneys’ fees.’’. 

5 (e) MEDIATION AND VOLUNTARY BINDING ARBITRA6 TION.—Section 615(e) of the Individuals with Disabilities 

7 Education Act (20 U.S.C. 1415(e)) is amended to read 

8 as follows: 

9 ‘‘(e) MEDIATION AND VOLUNTARY BINDING ARBI10 TRATION.—

11 ‘‘(1) MEDIATION.—

12 ‘‘(A) IN GENERAL.—Any State educational 

13 agency or local educational agency that receives 

14 assistance under this part shall ensure that pro15 cedures are established and implemented to 

16 allow parties to disputes involving any matter, 

17 including matters arising prior to the filing of 

18 a complaint pursuant to subsection (b)(6), to 

19 resolve such disputes through a mediation proc20 ess. 

21 ‘‘(B) REQUIREMENTS.—Such procedures 

22 shall meet the following requirements: 

23 ‘‘(i) The procedures shall ensure that 

24 the mediation process—
136

•HR 1350 IH 

1 ‘‘(I) is voluntary on the part of 

2 the parties; 

3 ‘‘(II) is not used to deny or delay 

4 a parent’s right to a due process hear5 ing under subsection (f), or to deny 

6 any other rights afforded under this 

7 part; and 

8 ‘‘(III) is conducted by a qualified 

9 and impartial mediator who is trained 

10 in effective mediation techniques. 

11 ‘‘(ii) A local educational agency or a 

12 State agency may establish procedures to 

13 offer to parents who choose not to use the 

14 mediation process, an opportunity to meet, 

15 at a time and location convenient to the 

16 parents, with a disinterested party who is 

17 under contract with—

18 ‘‘(I) a parent and community 

19 training and information center in the 

20 State established under section 671; 

21 or 

22 ‘‘(II) an appropriate alternative 

23 dispute resolution entity; 
137

•HR 1350 IH 

1 to encourage the use, and explain the bene2 fits, of the mediation process to the par3 ents. 

4 ‘‘(iii) The State shall maintain a list 

5 of individuals who are qualified mediators 

6 and knowledgeable in laws and regulations 

7 relating to the provision of special edu8 cation and related services. 

9 ‘‘(iv) The State shall bear the cost of 

10 the mediation process, including the costs 

11 of meetings described in clause (ii). 

12 ‘‘(v) Each session in the mediation 

13 process shall be scheduled in a timely man14 ner and shall be held in a location that is 

15 convenient to the parties to the dispute. 

16 ‘‘(vi) An agreement reached by the 

17 parties to the dispute in the mediation 

18 process shall be set forth in a written me19 diation agreement. 

20 ‘‘(vii) Discussions that occur during 

21 the mediation process shall be confidential 

22 and may not be used as evidence in any 

23 subsequent due process hearings or civil 

24 proceedings and the parties to the medi25 ation process may be required to sign a 
138

•HR 1350 IH 

1 confidentiality pledge prior to the com2 mencement of such process. 

3 ‘‘(2) VOLUNTARY BINDING ARBITRATION.—

4 ‘‘(A) IN GENERAL.—A State educational 

5 agency that receives assistance under this part 

6 shall ensure that procedures are established and 

7 implemented to allow parties to disputes involv8 ing any matter described in subsection (b)(6) to 

9 resolve such disputes through voluntary binding 

10 arbitration, which shall be available when a 

11 hearing is requested under subsection (f) or (k). 

12 ‘‘(B) REQUIREMENTS.—Such procedures 

13 shall meet the following requirements: 

14 ‘‘(i) The procedures shall ensure that 

15 the voluntary binding arbitration process—

16 ‘‘(I) is voluntarily and knowingly 

17 agreed to in writing by the parties; 

18 and 

19 ‘‘(II) is conducted by a qualified 

20 and impartial arbitrator. 

21 ‘‘(ii) A local educational agency or a 

22 State agency shall ensure that parents who 

23 choose to use voluntary binding arbitration 

24 understand that the process is in lieu of a 

25 due process hearing under subsection (f) or 
139

•HR 1350 IH 

1 (k) and that the decision made by the arbi2 trator is final, unless there is fraud by a 

3 party or the arbitrator or misconduct on 

4 the part of the arbitrator. 

5 ‘‘(iii) The parties shall jointly agree to 

6 use an arbitrator from a list that the State 

7 shall maintain of individuals who are quali8 fied arbitrators and knowledgeable in laws 

9 and regulations relating to the provision of 

10 special education and related services. 

11 ‘‘(iv) The arbitration shall be con12 ducted according to State law on arbitra13 tion or, if no such applicable State law, 

14 consistent with the Revised Uniform Arbi15 tration Act. 

16 ‘‘(v) The voluntary binding arbitration 

17 shall be scheduled in a timely manner and 

18 shall be held in a location that is conven19 ient to the parties to the dispute.’’. 

20 (f) IMPARTIAL DUE PROCESS HEARING.—Section 

21 615(f) of the Individuals with Disabilities Education Act 

22 (20 U.S.C. 1415(f)) is amended to read as follows: 

23 ‘‘(f) IMPARTIAL DUE PROCESS HEARING.—

24 ‘‘(1) IN GENERAL.—
140

•HR 1350 IH 

1 ‘‘(A) ACCESS TO HEARING.—Whenever a 

2 complaint has been received under subsection 

3 (b)(6) or (k) of this section, the parents or the 

4 local educational agency involved in such com5 plaint shall have an opportunity for an impar6 tial due process hearing, which shall be con7 ducted by the State educational agency. 

8 ‘‘(B) RESOLUTION SESSION.—

9 ‘‘(i) IN GENERAL.—Prior to the op10 portunity for an impartial due process 

11 hearing under subparagraph (A), the local 

12 educational agency shall convene a meeting 

13 with the parents and a team of qualified 

14 professionals consisting of individuals list15 ed in section 614(d)(1)(B)—

16 ‘‘(I) within 15 days of receiving 

17 notice of the parents’ complaint; and 

18 ‘‘(II) where the parents of the 

19 child discuss their complaint, and the 

20 specific issues that form the basis of 

21 the complaint, and the local edu22 cational agency is provided the oppor23 tunity to resolve the complaint; 
141

•HR 1350 IH 

1 unless the parents and the local edu2 cational agency agree in writing to waive 

3 such meeting. 

4 ‘‘(ii) DUE PROCESS HEARING.—If the 

5 local educational agency has not resolved 

6 the complaint to the satisfaction of the 

7 parents within 30 days of the receipt of 

8 the complaint, the due process hearing 

9 shall occur. 

10 ‘‘(iii) DEFINITION OF MEETING.—A 

11 meeting conducted pursuant to clause (i) 

12 shall not be considered—

13 ‘‘(I) a meeting convened as a re14 sult of an administrative hearing or 

15 judicial action; or 

16 ‘‘(II) an administrative hearing 

17 or judicial action for purposes of sub18 section (h)(3). 

19 ‘‘(2) DISCLOSURE OF EVALUATIONS AND REC20 OMMENDATIONS.—

21 ‘‘(A) IN GENERAL.—At least 5 business 

22 days prior to a hearing conducted pursuant to 

23 paragraph (1), each party shall disclose to all 

24 other parties all evaluations completed by that 

25 date and recommendations based on the offer-
142

•HR 1350 IH 

1 ing party’s evaluations that the party intends to 

2 use at the hearing. 

3 ‘‘(B) FAILURE TO DISCLOSE.—A hearing 

4 officer may bar any party that fails to comply 

5 with subparagraph (A) from introducing the 

6 relevant evaluation or recommendation at the 

7 hearing without the consent of the other party. 

8 ‘‘(3) LIMITATION ON HEARING.—

9 ‘‘(A) HEARING OFFICER.—A hearing con10 ducted pursuant to paragraph (1)(A) may not 

11 be conducted by—

12 ‘‘(i) an employee of the State educational 

13 agency involved in the education or care of the 

14 child; or 

15 ‘‘(ii) any person having a personal or pro16 fessional interest that would conflict with his or 

17 her objectivity in the hearing. 

18 ‘‘(B) SUBJECT MATTER OF HEARING.—

19 The parents of the child shall not be allowed to 

20 raise issues at the due process hearing that 

21 were not raised in the complaint or discussed 

22 during the meeting conducted pursuant to sub23 paragraph (1)(B), unless the local educational 

24 agency agrees otherwise. 
143

•HR 1350 IH 

1 ‘‘(C) DECISION OF HEARING OFFICER.—A 

2 decision made by a hearing officer must be 

3 based on a determination of whether or not the 

4 child received a free appropriate public edu5 cation.’’. 

6 (g) APPEAL.—Section 615 of the Individuals with 

7 Disabilities Education Act (20 U.S.C. 1415) is amended 

8 by striking subsection (g). 

9 (h) SAFEGUARDS.—Section 615 of the Individuals 

10 with Disabilities Education Act (20 U.S.C. 1415) is 

11 amended—

12 (1) by redesignating subsection (h) as sub13 section (g); and 

14 (2) by amending subsection (g) (as redesig15 nated) to read as follows: 

16 ‘‘(g) SAFEGUARDS.—Any party to a hearing con17 ducted pursuant to subsection (f) or (j) shall be ac18 corded—

19 ‘‘(1) the right to be represented by counsel and 

20 by non-attorney advocates and to be accompanied 

21 and advised by individuals with special knowledge or 

22 training with respect to the problems of children 

23 with disabilities; 
144

•HR 1350 IH 

1 ‘‘(2) the right to present evidence and confront, 

2 cross-examine, and compel the attendance of wit3 nesses; 

4 ‘‘(3) the right to a written, or, at the option of 

5 the parents, electronic verbatim record of such hear6 ing; and 

7 ‘‘(4) the right to written, or, at the option of 

8 the parents, electronic findings of fact and decisions 

9 (which findings and decisions shall be made available 

10 to the public consistent with the requirements of sec11 tion 617(c)) (relating to the confidentiality of data, 

12 information, and records).’’. 

13 (i) ADMINISTRATIVE PROCEDURES.—Section 615 of 

14 the Individuals with Disabilities Education Act (20 U.S.C. 

15 1415) is amended by redesignating subsection (i) as sub16 section (h). 

17 (j) MAINTENANCE OF CURRENT EDUCATIONAL

18 PLACEMENT.—Section 615 of the Individuals with Dis19 abilities Education Act (20 U.S.C. 1415) is amended—

20 (1) by redesignating subsection (j) as sub21 section (i); and 

22 (2) by amending subsection (i) (as redesig23 nated) to read as follows: 

24 ‘‘(i) MAINTENANCE OF CURRENT EDUCATIONAL

25 PLACEMENT.—Except as provided in subsection (j)(4), 
145

•HR 1350 IH 

1 during the pendency of any proceedings conducted pursu2 ant to this section, unless the State or local educational 

3 agency and the parents otherwise agree, the child shall 

4 remain in the then-current educational placement of such 

5 child, or, if applying for initial admission to a public 

6 school, shall, with the consent of the parents, be placed 

7 in the public school program until all such proceedings 

8 have been completed.’’.

9 (k) PLACEMENT IN ALTERNATIVE EDUCATIONAL

10 SETTING.—Section 615 of the Individuals with Disabil11 ities Education Act (20 U.S.C. 1415) is amended—

12 (1) by redesignating subsection (k) as sub13 section (j); and 

14 (2) by amending subsection (j) (as redesig15 nated) to read as follows: 

16 ‘‘(j) PLACEMENT IN ALTERNATIVE EDUCATIONAL

17 SETTING.—

18 ‘‘(1) AUTHORITY OF SCHOOL PERSONNEL.—

19 ‘‘(A) IN GENERAL.—School personnel 

20 under this section may order a change in the 

21 placement of a child with a disability who vio22 lates a code of student conduct policy to an ap23 propriate interim alternative educational set24 ting, another setting, or suspension, for not 

25 more than 10 school days (to the extent such 
146

•HR 1350 IH 

1 alternatives would be applied to children with2 out disabilities). 

3 ‘‘(B) ADDITIONAL AUTHORITY.—Subject 

4 to subparagraph (C), and notwithstanding any 

5 other provision of this Act, school personnel 

6 under this section may order a change in the 

7 placement of a child with a disability who vio8 lates a code of student conduct policy to an ap9 propriate interim alternative educational setting 

10 selected so as to enable the child to continue to 

11 participate in the general education curriculum, 

12 although in another setting, and to progress to13 ward meeting the goals set out in the child’s 

14 IEP, for not more than 45 school days (to the 

15 extent such alternative and such duration would 

16 be applied to children without disabilities), ex17 cept that the change in placement may last be18 yond 45 school days if required by State law or 

19 regulation for the violation in question, to en20 sure the safety and appropriate educational at21 mosphere in the schools under the jurisdiction 

22 of the local educational agency. 

23 ‘‘(C) SERVICES.—A child with a disability 

24 who is removed from the child’s current place25 ment under subparagraph (B) shall—
147

•HR 1350 IH 

1 ‘‘(i) continue to receive educational 

2 services selected so as to enable the child 

3 to continue to participate in the general 

4 education curriculum, although in another 

5 setting, and to progress toward meeting 

6 the goals set out in the child’s IEP; and 

7 ‘‘(ii) continue to receive behavioral 

8 intervention services designed to address 

9 the behavior violation so that it does not 

10 recur. 

11 ‘‘(2) DETERMINATION OF SETTING.—The alter12 native educational setting described in paragraph 

13 (1)(B) shall be determined by the IEP Team. 

14 ‘‘(3) PARENT APPEAL.—

15 ‘‘(A) IN GENERAL.—If the parent of a 

16 child with a disability disagrees with any deci17 sion regarding placement under this section, the 

18 parent may request a hearing. 

19 ‘‘(B) HEARING.—The State or local edu20 cational agency shall arrange for a hearing in 

21 any case described in this subsection when re22 quested by a parent. 

23 ‘‘(4) PLACEMENT DURING APPEALS.—When a 

24 parent requests a hearing regarding a disciplinary 

25 action described in paragraph (1)(B) to challenge 
148

•HR 1350 IH 

1 the interim alternative educational setting or the vio2 lation of the code of student conduct policy, the child 

3 shall remain in the interim alternative educational 

4 setting pending the decision of the hearing officer or 

5 until the expiration of the time period provided for 

6 in paragraph (1)(B), whichever occurs first, unless 

7 the parent and the State or local educational agency 

8 agree otherwise. 

9 ‘‘(5) PROTECTIONS FOR CHILDREN NOT YET

10 ELIGIBLE FOR SPECIAL EDUCATION AND RELATED

11 SERVICES.—

12 ‘‘(A) IN GENERAL.—A child who has not 

13 been determined to be eligible for special edu14 cation and related services under this part and 

15 who has engaged in behavior that violates a 

16 code of student conduct policy, may assert any 

17 of the protections provided for in this part if 

18 the local educational agency had knowledge (as 

19 determined in accordance with this paragraph) 

20 that the child was a child with a disability be21 fore the behavior that precipitated the discipli22 nary action occurred. 

23 ‘‘(B) BASIS OF KNOWLEDGE.—A local edu24 cational agency shall be deemed to have knowl25 edge that a child is a child with a disability if, 
149

•HR 1350 IH 

1 before the behavior that precipitated the dis2 ciplinary action occurred—

3 ‘‘(i) the parent of the child has ex4 pressed concern in writing (unless the par5 ent is illiterate or has a disability that pre6 vents compliance with the requirements 

7 contained in this clause) to personnel of 

8 the appropriate educational agency that 

9 the child is in need of special education 

10 and related services; 

11 ‘‘(ii) the parent of the child has re12 quested an evaluation of the child pursuant 

13 to section 614; or 

14 ‘‘(iii) the teacher of the child, or other 

15 personnel of the local educational agency, 

16 has expressed concern in writing about the 

17 behavior or performance of the child to the 

18 director of special education of such agen19 cy or to other personnel of the agency. 

20 ‘‘(C) CONDITIONS THAT APPLY IF NO

21 BASIS OF KNOWLEDGE.—

22 ‘‘(i) IN GENERAL.—If a local edu23 cational agency does not have knowledge 

24 that a child is a child with a disability (in 

25 accordance with subparagraph (B)) prior 
150

•HR 1350 IH 

1 to taking disciplinary measures against the 

2 child, the child may be subjected to dis3 ciplinary measures applied to children 

4 without disabilities who engaged in com5 parable behaviors consistent with clause 

6 (ii). 

7 ‘‘(ii) LIMITATIONS.—If a request is 

8 made for an evaluation of a child during 

9 the time period in which the child is sub10 jected to disciplinary measures under para11 graph (1) or (2), the evaluation shall be 

12 conducted in an expedited manner. If the 

13 child is determined to be a child with a dis14 ability, taking into consideration informa15 tion from the evaluation conducted by the 

16 agency and information provided by the 

17 parents, the agency shall provide special 

18 education and related services in accord19 ance with this part, except that, pending 

20 the results of the evaluation, the child shall 

21 remain in the educational placement deter22 mined by school authorities. 

23 ‘‘(6) REFERRAL TO AND ACTION BY LAW EN24 FORCEMENT AND JUDICIAL AUTHORITIES.—
151

•HR 1350 IH 

1 ‘‘(A) IN GENERAL.—Nothing in this part 

2 shall be construed to prohibit an agency from 

3 reporting a crime committed by a child with a 

4 disability to appropriate authorities or to pre5 vent State law enforcement and judicial au6 thorities from exercising their responsibilities 

7 with regard to the application of Federal and 

8 State law to crimes committed by a child with 

9 a disability. 

10 ‘‘(B) TRANSMISSION OF RECORDS.—An 

11 agency reporting a crime committed by a child 

12 with a disability shall ensure that copies of the 

13 special education and disciplinary records of the 

14 child are transmitted for consideration by the 

15 appropriate authorities to whom it reports the 

16 crime.’’. 

17 (l) RULE OF CONSTRUCTION.—Section 615 of the In18 dividuals with Disabilities Education Act (20 U.S.C. 

19 1415) is amended by redesignating subsection (l) as sub20 section (k). 

21 (m) RULE OF CONSTRUCTION.—Section 615 of the 

22 Individuals with Disabilities Education Act (20 U.S.C. 

23 1415) is amended—

24 (1) by redesignating subsection (m) as sub25 section (l); and 
152

•HR 1350 IH 

1 (2) by amending subsection (l) (as redesig2 nated) to read as follows: 

3 ‘‘(l) TRANSFER OF PARENTAL RIGHTS AT AGE OF

4 MAJORITY.—

5 ‘‘(1) IN GENERAL.—A State that receives 

6 amounts from a grant under this part may provide 

7 that, when a child with a disability reaches the age 

8 of majority under State law (except for a child with 

9 a disability who has been determined to be incom10 petent under State law)—

11 ‘‘(A) the public agency shall provide any 

12 notice required by this section to both the indi13 vidual and the parents; 

14 ‘‘(B) all other rights accorded to parents 

15 under this part transfer to the child; 

16 ‘‘(C) the agency shall notify the individual 

17 and the parents of the transfer of rights; and 

18 ‘‘(D) all rights accorded to parents under 

19 this part transfer to children who are incarcer20 ated in an adult or juvenile Federal, State, or 

21 local correctional institution. 

22 ‘‘(2) SPECIAL RULE.—If, under State law, a 

23 child with a disability who has reached the age of 

24 majority under State law, who has not been deter25 mined to be incompetent, but who is determined not 
153

•HR 1350 IH 

1 to have the ability to provide informed consent with 

2 respect to the educational program of the child, the 

3 State shall establish procedures for appointing the 

4 parent of the child, or if the parent is not available, 

5 another appropriate individual, to represent the edu6 cational interests of the child throughout the period 

7 of eligibility of the child under this part.’’. 

8 SEC. 206. ADMINISTRATION. 

9 Section 617 of the Individuals with Disabilities Edu10 cation Act (20 U.S.C. 1417) is amended to read as follows: 

11 ‘‘SEC. 617. ADMINISTRATION. 

12 ‘‘(a) RESPONSIBILITIES OF SECRETARY.—In car13 rying out this part, the Secretary shall—

14 ‘‘(1) cooperate with, and (directly or by grant 

15 or contract) furnish technical assistance necessary 

16 to, the State in matters relating to—

17 ‘‘(A) the education of children with disabil18 ities; and 

19 ‘‘(B) carrying out this part; and 

20 ‘‘(2) provide short-term training programs and 

21 institutes. 

22 ‘‘(b) CONFIDENTIALITY.—The Secretary shall take 

23 appropriate action, in accordance with section 444 of the 

24 General Education Provisions Act (20 U.S.C. 1232g), to 

25 assure the protection of the confidentiality of any person-
154

•HR 1350 IH 

1 ally identifiable data, information, and records collected 

2 or maintained by the Secretary and by State and local 

3 educational agencies pursuant to this part. 

4 ‘‘(c) PERSONNEL.—The Secretary is authorized to 

5 hire qualified personnel necessary to carry out the Sec6 retary’s duties under subsection (a) and under sections 

7 618 and 661 without regard to the provisions of title 5, 

8 United States Code, relating to appointments in the com9 petitive service and without regard to chapter 51 and sub10 chapter III of chapter 53 of such title relating to classi11 fication and general schedule pay rates, except that no 

12 more than twenty such personnel shall be employed at any 

13 time. 

14 ‘‘(e) PILOT PROGRAM.—The Secretary is authorized 

15 to grant waivers of paperwork requirements under this 

16 part for a period of time not to exceed 4 years with respect 

17 to not more than 10 States based on proposals submitted 

18 by States for addressing reduction of paperwork and non19 instructional time spent fulfilling statutory and regulatory 

20 requirements. 

21 ‘‘(f) REPORT.—The Secretary shall include in the an22 nual report to Congress under section 426 of the Depart23 ment of Education Organization Act information related 

24 to the effectiveness of waivers granted under subsection 

25 (e)—
155

•HR 1350 IH 

1 ‘‘(1) in reducing the paperwork burden on 

2 teachers, administrators, and related services pro3 viders and non-instructional time spent by teachers 

4 in complying with this part, including any specific 

5 recommendations for broader implementation; and 

6 ‘‘(2) in enhancing longer-term educational plan7 ning, improving positive outcomes for children with 

8 disabilities, promoting collaboration between IEP 

9 Team members, and ensuring satisfaction of family 

10 members, including any specific recommendations 

11 for broader implementation. 

12 ‘‘(g) MODEL FORMS.—Not later than the date on 

13 which the Secretary publishes final regulations to imple14 ment this part (as amended by the Improving Education 

15 Results for Children With Disabilities Act of 2003), the 

16 Secretary shall publish and disseminate widely to States, 

17 local educational agencies, and parent and community 

18 training and information centers—

19 ‘‘(1) a model individualized education program 

20 form; 

21 ‘‘(2) a model form for the procedural safe22 guards notice described in section 615(d); and 

23 ‘‘(3) a model form for the prior written notice 

24 described in section 615(b)(3); 
156

•HR 1350 IH 

1 that would be consistent with the requirements of this part 

2 and be deemed to be sufficient to meet such require3 ments.’’. 

4 SEC. 207. PROGRAM INFORMATION. 

5 Section 618 of the Individuals with Disabilities Edu6 cation Act (20 U.S.C. 1418) is amended to read as follows: 

7 ‘‘SEC. 618. PROGRAM INFORMATION. 

8 ‘‘(a) IN GENERAL.—Each State that receives assist9 ance under this part, and the Secretary of the Interior, 

10 shall provide data each year to the Secretary—

11 ‘‘(1)(A) on—

12 ‘‘(i) the number of children with disabil13 ities, by race, ethnicity, and disability category, 

14 who are receiving a free appropriate public edu15 cation; 

16 ‘‘(ii) the number of children with disabil17 ities, by race and ethnicity, who are receiving 

18 early intervention services; 

19 ‘‘(iii) the number of children with disabil20 ities, by race, ethnicity, and disability category, 

21 who are participating in regular education; 

22 ‘‘(iv) the number of children with disabil23 ities, by race, ethnicity, and disability category, 

24 who are in separate classes, separate schools or 
157

•HR 1350 IH 

1 facilities, or public or private residential facili2 ties; 

3 ‘‘(v) the number of children with disabil4 ities, by race, ethnicity, and disability category, 

5 who, for each year of age from age 14 to 21, 

6 stopped receiving special education and related 

7 services because of program completion or other 

8 reasons and the reasons why those children 

9 stopped receiving special education and related 

10 services; 

11 ‘‘(vi) the number of children with disabil12 ities, by race and ethnicity, who, from birth 

13 through age 2, stopped receiving early interven14 tion services because of program completion or 

15 for other reasons; 

16 ‘‘(vii)(I) the number of children with dis17 abilities, by race, ethnicity, and disability cat18 egory, who under subparagraph (A) or (B) of 

19 section 615(j)(1), are removed to an interim al20 ternative educational setting; 

21 ‘‘(II) the acts or items precipitating those 

22 removals; and 

23 ‘‘(III) the number of children with disabil24 ities who are subject to long-term suspensions 

25 or expulsions; 
158

•HR 1350 IH 

1 ‘‘(viii) the number of complaints resolved 

2 through voluntary binding arbitration; and 

3 ‘‘(ix) the number of mediations held and 

4 the number of settlement agreements reached 

5 through mediation; 

6 ‘‘(B) on the number of infants and toddlers, by 

7 race and ethnicity, who are at risk of having sub8 stantial developmental delays (as defined in section 

9 632), and who are receiving early intervention serv10 ices under part C; and 

11 ‘‘(C) on the number of children served with 

12 funds under section 613(f); and 

13 ‘‘(2) on any other information that may be re14 quired by the Secretary. 

15 ‘‘(b) SAMPLING.—The Secretary may permit States 

16 and the Secretary of the Interior to obtain the data de17 scribed in subsection (a) through sampling. 

18 ‘‘(c) DISPROPORTIONALITY.—

19 ‘‘(1) IN GENERAL.—Each State that receives 

20 assistance under this part, and the Secretary of the 

21 Interior, shall provide for the collection and exam22 ination of data to determine if significant 

23 disproportionality based on race is occurring in the 

24 State with respect to—
159

•HR 1350 IH 

1 ‘‘(A) the identification of children as chil2 dren with disabilities, including the identifica3 tion of children as children with disabilities in 

4 accordance with a particular impairment de5 scribed in section 602(3); and 

6 ‘‘(B) the placement in particular edu7 cational settings of such children. 

8 ‘‘(2) REVIEW AND REVISION OF POLICIES, 

9 PRACTICES, AND PROCEDURES.—In the case of a de10 termination of significant disproportionality with re11 spect to the identification of children as children 

12 with disabilities, or the placement in particular edu13 cational settings of such children, in accordance with 

14 paragraph (1), the State or the Secretary of the In15 terior, as the case may be—

16 ‘‘(A) shall provide for the review and, if 

17 appropriate, revision of the policies, procedures, 

18 and practices used in such identification or 

19 placement to ensure that such policies, proce20 dures, and practices comply with the require21 ments of this Act; and 

22 ‘‘(B) shall require any local educational 

23 agency identified under paragraph (1) to re24 serve the maximum amount of funds under sec25 tion 613(f) to provide comprehensive coordi-
160

•HR 1350 IH 

1 nated pre-referral support services to serve chil2 dren in the local educational agency, particu3 larly children in those groups that were signifi4 cantly overidentified under paragraph (1).’’. 

5 SEC. 208. PRESCHOOL GRANTS. 

6 Section 619 of the Individuals with Disabilities Edu7 cation Act (20 U.S.C. 1419) is amended to read as follows: 

8 ‘‘SEC. 619. PRESCHOOL GRANTS. 

9 ‘‘(a) IN GENERAL.—The Secretary shall provide 

10 grants under this section to assist States to provide special 

11 education and related services, in accordance with this 

12 part—

13 (1) to children with disabilities aged 3 through 

14 5, inclusive; and 

15 ‘‘(2) at the State’s discretion, to 2-year-old chil16 dren with disabilities who will turn 3 during the 

17 school year. 

18 ‘‘(b) ELIGIBILITY.—A State shall be eligible for a 

19 grant under this section if such State—

20 ‘‘(1) is eligible under section 612 to receive a 

21 grant under this part; and 

22 ‘‘(2) makes a free appropriate public education 

23 available to all children with disabilities, aged 3 

24 through 5, residing in the State. 

25 ‘‘(c) ALLOCATIONS TO STATES.—
161

•HR 1350 IH 

1 ‘‘(1) IN GENERAL.—The Secretary shall allo2 cate funds among the States in accordance with 

3 paragraph (2) or (3), as appropriate. 

4 ‘‘(2) INCREASE IN FUNDS.—If the amount 

5 available for allocations to States under paragraph 

6 (1) is equal to or greater than the amount allocated 

7 to the States under this section for the preceding 

8 fiscal year, those allocations shall be calculated as 

9 follows: 

10 ‘‘(A)(i) Except as provided in subpara11 graph (B), the Secretary shall—

12 ‘‘(I) allocate to each State the amount 

13 it received for fiscal year 1997; 

14 ‘‘(II) allocate 85 percent of any re15 maining funds to States on the basis of 

16 their relative populations of children aged 

17 3 through 5; and 

18 ‘‘(III) allocate 15 percent of those re19 maining funds to States on the basis of 

20 their relative populations of all children 

21 aged 3 through 5 who are living in poverty. 

22 ‘‘(ii) For the purpose of making grants 

23 under this paragraph, the Secretary shall use 

24 the most recent population data, including data 
162

•HR 1350 IH 

1 on children living in poverty, that are available 

2 and satisfactory to the Secretary. 

3 ‘‘(B) Notwithstanding subparagraph (A), 

4 allocations under this paragraph shall be sub5 ject to the following: 

6 ‘‘(i) No State’s allocation shall be less 

7 than its allocation for the preceding fiscal 

8 year. 

9 ‘‘(ii) No State’s allocation shall be less 

10 than the greatest of—

11 ‘‘(I) the sum of—

12 ‘‘(aa) the amount it received 

13 for fiscal year 1997; and 

14 ‘‘(bb) one third of one per15 cent of the amount by which the 

16 amount appropriated under sub17 section (j) exceeds the amount 

18 appropriated under this section 

19 for fiscal year 1997; 

20 ‘‘(II) the sum of—

21 ‘‘(aa) the amount it received 

22 for the preceding fiscal year; and 

23 ‘‘(bb) that amount multi24 plied by the percentage by which 

25 the increase in the funds appro-
163

•HR 1350 IH 

1 priated from the preceding fiscal 

2 year exceeds 1.5 percent; or 

3 ‘‘(III) the sum of—

4 ‘‘(aa) the amount it received 

5 for the preceding fiscal year; and 

6 ‘‘(bb) that amount multi7 plied by 90 percent of the per8 centage increase in the amount 

9 appropriated from the preceding 

10 fiscal year. 

11 ‘‘(iii) Notwithstanding clause (ii), no 

12 State’s allocation under this paragraph 

13 shall exceed the sum of—

14 ‘‘(I) the amount it received for 

15 the preceding fiscal year; and 

16 ‘‘(II) that amount multiplied by 

17 the sum of 1.5 percent and the per18 centage increase in the amount appro19 priated. 

20 ‘‘(C) If the amount available for allocations 

21 under this paragraph is insufficient to pay 

22 those allocations in full, those allocations shall 

23 be ratably reduced, subject to subparagraph 

24 (B)(i). 
164

•HR 1350 IH 

1 ‘‘(3) DECREASE IN FUNDS.—If the amount 

2 available for allocations to States under paragraph 

3 (1) is less than the amount allocated to the States 

4 under this section for the preceding fiscal year, those 

5 allocations shall be calculated as follows: 

6 ‘‘(A) If the amount available for allocations 

7 is greater than the amount allocated to the 

8 States for fiscal year 1997, each State shall be 

9 allocated the sum of—

10 ‘‘(i) the amount it received for fiscal 

11 year 1997; and 

12 ‘‘(ii) an amount that bears the same 

13 relation to any remaining funds as the in14 crease the State received for the preceding 

15 fiscal year over fiscal year 1997 bears to 

16 the total of all such increases for all 

17 States. 

18 ‘‘(B) If the amount available for alloca19 tions is equal to or less than the amount allo20 cated to the States for fiscal year 1997, each 

21 State shall be allocated the amount it received 

22 for that year, ratably reduced, if necessary. 

23 ‘‘(d) RESERVATION FOR STATE ACTIVITIES.—

24 ‘‘(1) IN GENERAL.—Each State may retain not 

25 more than the amount described in paragraph (2) 
165

•HR 1350 IH 

1 for administration and other State-level activities in 

2 accordance with subsections (e) and (f). 

3 ‘‘(2) AMOUNT DESCRIBED.—For each fiscal 

4 year, the Secretary shall determine and report to the 

5 State educational agency an amount that is 25 per6 cent of the amount the State received under this sec7 tion for fiscal year 1997, cumulatively adjusted by 

8 the Secretary for each succeeding fiscal year by the 

9 lesser of—

10 ‘‘(A) the percentage increase, if any, from 

11 the preceding fiscal year in the State’s alloca12 tion under this section; or 

13 ‘‘(B) the percentage increase, if any, from 

14 the preceding fiscal year in the Consumer Price 

15 Index For All Urban Consumers published by 

16 the Bureau of Labor Statistics of the Depart17 ment of Labor. 

18 ‘‘(e) STATE ADMINISTRATION.—

19 ‘‘(1) IN GENERAL.—For the purpose of admin20 istering this section (including the coordination of 

21 activities under this part with, and providing tech22 nical assistance to, other programs that provide 

23 services to children with disabilities) a State may 

24 use not more than 20 percent of the maximum 
166

•HR 1350 IH 

1 amount it may retain under subsection (d) for any 

2 fiscal year. 

3 ‘‘(2) ADMINISTRATION OF PART C.—Funds de4 scribed in paragraph (1) may also be used for the 

5 administration of part C of this Act, if the State 

6 educational agency is the lead agency for the State 

7 under that part. 

8 ‘‘(f) OTHER STATE-LEVEL ACTIVITIES.—Each State 

9 shall use any funds it retains under subsection (d) and 

10 does not use for administration under subsection (e)—

11 ‘‘(1) for support services (including establishing 

12 and implementing the mediation and voluntary bind13 ing arbitration process required by section 615(e)), 

14 which may benefit children with disabilities younger 

15 than 3 or older than 5 as long as those services also 

16 benefit children with disabilities aged 3 through 5; 

17 ‘‘(2) for direct services for children eligible for 

18 services under this section; 

19 ‘‘(3) for activities at the State and local levels 

20 to meet the performance goals established by the 

21 State under section 612(a)(16) and to support im22 plementation of the State plan under subpart 1 of 

23 part D if the State receives funds under that sub24 part; or 
167

•HR 1350 IH 

1 ‘‘(4) to supplement other funds used to develop 

2 and implement a Statewide coordinated services sys3 tem designed to improve results for children and 

4 families, including children with disabilities and their 

5 families, but not to exceed one percent of the 

6 amount received by the State under this section for 

7 a fiscal year. 

8 ‘‘(g) SUBGRANTS TO LOCAL EDUCATIONAL AGEN9 CIES.—

10 ‘‘(1) SUBGRANTS REQUIRED.—Each State that 

11 receives a grant under this section for any fiscal 

12 year shall distribute all of the grant funds that it 

13 does not reserve under subsection (d) to local edu14 cational agencies in the State that have established 

15 their eligibility under section 613, as follows: 

16 ‘‘(A) BASE PAYMENTS.—The State shall 

17 first award each agency described in paragraph 

18 (1) the amount that agency would have received 

19 under this section for fiscal year 1997 if the 

20 State had distributed 75 percent of its grant for 

21 that year under section 619(c)(3), as then in ef22 fect. 

23 ‘‘(B) ALLOCATION OF REMAINING

24 FUNDS.—After making allocations under sub25 paragraph (A), the State shall—
168

•HR 1350 IH 

1 ‘‘(i) allocate 85 percent of any re2 maining funds to those agencies on the 

3 basis of the relative numbers of children 

4 enrolled in public and private elementary 

5 and secondary schools within the agency’s 

6 jurisdiction; and 

7 ‘‘(ii) allocate 15 percent of those re8 maining funds to those agencies in accord9 ance with their relative numbers of chil10 dren living in poverty, as determined by 

11 the State educational agency. 

12 ‘‘(2) REALLOCATION OF FUNDS.—If a State 

13 educational agency determines that a local edu14 cational agency is adequately providing a free appro15 priate public education to all children with disabil16 ities aged 3 through 5 residing in the area served by 

17 that agency with State and local funds, the State 

18 educational agency may reallocate any portion of the 

19 funds under this section that are not needed by that 

20 local agency to provide a free appropriate public 

21 education to other local educational agencies in the 

22 State that are not adequately providing special edu23 cation and related services to all children with dis24 abilities aged 3 through 5 residing in the areas they 

25 serve. 
169

•HR 1350 IH 

1 ‘‘(h) PART C INAPPLICABLE.—Part C of this Act 

2 does not apply to any child with a disability receiving a 

3 free appropriate public education, in accordance with this 

4 part, with funds received under this section. 

5 ‘‘(i) DEFINITION.—For the purpose of this section, 

6 the term ‘State’ means each of the 50 States, the District 

7 of Columbia, and the Commonwealth of Puerto Rico. 

8 ‘‘(j) AUTHORIZATION OF APPROPRIATIONS.—For the 

9 purpose of carrying out this section, there are authorized 

10 to be appropriated to the Secretary such sums as may be 

11 necessary for each of the fiscal years 2004 through 

12 2008.’’. 

13 TITLE III—INFANTS AND 

14 TODDLERS WITH DISABILITIES 

15 SEC. 301. SECTIONS 631 THROUGH 638 OF THE INDIVIDUALS 

16 WITH DISABILITIES EDUCATION ACT. 

17 Sections 631 through 638 of the Individuals with 

18 Disabilities Education Act (20 U.S.C. 1431–1438) are 

19 amended to read as follows: 

20 ‘‘SEC. 631. FINDINGS AND POLICY. 

21 ‘‘(a) FINDINGS.—The Congress finds that there is an 

22 urgent and substantial need—

23 ‘‘(1) to enhance the development of infants and 

24 toddlers with disabilities and to minimize their po25 tential for developmental delay; 
170

•HR 1350 IH 

1 ‘‘(2) to reduce the educational costs to our soci2 ety, including our Nation’s schools, by minimizing 

3 the need for special education and related services 

4 after infants and toddlers with disabilities reach 

5 school age; 

6 ‘‘(3) to minimize the likelihood of institutional7 ization of individuals with disabilities and maximize 

8 the potential for their independently living in society; 

9 ‘‘(4) to enhance the capacity of families to meet 

10 the special needs of their infants and toddlers with 

11 disabilities; and 

12 ‘‘(5) to enhance the capacity of State and local 

13 agencies and service providers to identify, evaluate, 

14 and meet the needs of historically underrepresented 

15 populations, particularly minority, low-income, inner16 city, and rural populations. 

17 ‘‘(b) POLICY.—It is the policy of the United States 

18 to provide financial assistance to States—

19 ‘‘(1) to develop and implement a statewide, 

20 comprehensive, coordinated, multidisciplinary, inter21 agency system that provides early intervention serv22 ices for infants and toddlers with disabilities and 

23 their families; 

24 ‘‘(2) to facilitate the coordination of payment 

25 for early intervention services from Federal, State, 
171

•HR 1350 IH 

1 local, and private sources (including public and pri2 vate insurance coverage); 

3 ‘‘(3) to enhance their capacity to provide qual4 ity early intervention services and expand and im5 prove existing early intervention services being pro6 vided to infants and toddlers with disabilities and 

7 their families; and 

8 ‘‘(4) to encourage States to expand opportuni9 ties for children under 3 years of age who would be 

10 at risk of having substantial developmental delay if 

11 they did not receive early intervention services. 

12 ‘‘SEC. 632. DEFINITIONS. 

13 ‘‘As used in this part: 

14 ‘‘(1) AT-RISK INFANT OR TODDLER.—The term 

15 ‘at-risk infant or toddler’ means an individual under 

16 3 years of age who would be at risk of experiencing 

17 a substantial developmental delay if early interven18 tion services were not provided to the individual. 

19 ‘‘(2) COUNCIL.—The term ‘council’ means a 

20 State interagency coordinating council established 

21 under section 641. 

22 ‘‘(3) DEVELOPMENTAL DELAY.—The term ‘de23 velopmental delay’, when used with respect to an in24 dividual residing in a State, has the meaning given 

25 such term by the State under section 635(a)(1). 
172

•HR 1350 IH 

1 ‘‘(4) EARLY INTERVENTION SERVICES.—The 

2 term ‘early intervention services’ means develop3 mental services that—

4 ‘‘(A) are provided under public supervision; 

5 ‘‘(B) are provided at no cost except where 

6 Federal or State law provides for a system of 

7 payments by families, including a schedule of 

8 sliding fees; 

9 ‘‘(C) are designed to address family-identi10 fied priorities and concerns that are determined 

11 by individualized family service plan team to re12 late to enhancing the child’s development in any 

13 one or more of the following areas—

14 ‘‘(i) physical development; 

15 ‘‘(ii) cognitive development; 

16 ‘‘(iii) communication development; 

17 ‘‘(iv) social or emotional development; 

18 or 

19 ‘‘(v) adaptive development; 

20 ‘‘(D) meet the standards of the State in 

21 which they are provided, including the require22 ments of this part; 

23 ‘‘(E) include—

24 ‘‘(i) family training, counseling, and 

25 home visits; 
173

•HR 1350 IH 

1 ‘‘(ii) special instruction; 

2 ‘‘(iii) speech-language pathology and 

3 audiology services; 

4 ‘‘(iv) occupational therapy; 

5 ‘‘(v) physical therapy; 

6 ‘‘(vi) psychological services; 

7 ‘‘(vii) service coordination services; 

8 ‘‘(viii) medical services only for diag9 nostic or evaluation purposes; 

10 ‘‘(ix) early identification, screening, 

11 and assessment services; 

12 ‘‘(x) health services necessary to en13 able the infant or toddler to benefit from 

14 the other early intervention services; 

15 ‘‘(xi) social work services; 

16 ‘‘(xii) vision services; 

17 ‘‘(xiii) assistive technology devices and 

18 assistive technology services; and 

19 ‘‘(xiv) transportation and related costs 

20 that are necessary to enable an infant or 

21 toddler and the infant’s or toddler ’s family 

22 to receive another service described in this 

23 paragraph; 

24 ‘‘(F) are provided by qualified personnel, 

25 including—
174

•HR 1350 IH 

1 ‘‘(i) special educators; 

2 ‘‘(ii) speech-language pathologists and 

3 audiologists; 

4 ‘‘(iii) occupational therapists; 

5 ‘‘(iv) physical therapists; 

6 ‘‘(v) psychologists; 

7 ‘‘(vi) social workers; 

8 ‘‘(vii) nurses; 

9 ‘‘(viii) registered dietitians; 

10 ‘‘(ix) family therapists; 

11 ‘‘(x) orientation and mobility special12 ists; and 

13 ‘‘(xi) pediatricians and other physi14 cians; 

15 ‘‘(G) to the maximum extent appropriate, 

16 are provided in natural environments, including 

17 the home, and community settings in which 

18 children without disabilities participate; and 

19 ‘‘(H) are provided in conformity with an 

20 individualized family service plan adopted in ac21 cordance with section 636. 

22 ‘‘(5) INFANT OR TODDLER WITH A DIS23 ABILITY.—The term ‘infant or toddler with a dis24 ability ’—
175

•HR 1350 IH 

1 ‘‘(A) means an individual under 3 years of 

2 age who needs early intervention services be3 cause the individual—

4 ‘‘(i) is experiencing developmental 

5 delays, as measured by appropriate diag6 nostic instruments and procedures in one 

7 or more of the areas of cognitive develop8 ment, physical development, communica9 tion development, social or emotional devel10 opment, and adaptive development; or 

11 ‘‘(ii) has a diagnosed physical or men12 tal condition which has a high probability 

13 of resulting in developmental delay; and 

14 ‘‘(B) may also include, at a State’s discre15 tion, at-risk infants and toddlers. 

16 ‘‘SEC. 633. GENERAL AUTHORITY. 

17 ‘‘The Secretary shall, in accordance with this part, 

18 make grants to States (from their allotments under sec19 tion 643) to assist each State to maintain and implement 

20 a statewide, comprehensive, coordinated, multidisciplinary, 

21 interagency system to provide early intervention services 

22 for infants and toddlers with disabilities and their families. 
176

•HR 1350 IH 

1 ‘‘SEC. 634. ELIGIBILITY. 

2 ‘‘In order to be eligible for a grant under section 633, 

3 a State shall provide assurances to the Secretary that the 

4 State—

5 ‘‘(1) has adopted a policy that appropriate early 

6 intervention services are available to all infants and 

7 toddlers with disabilities in the State and their fami8 lies, including Indian infants and toddlers with dis9 abilities and their families residing on a reservation 

10 geographically located in the State; and 

11 ‘‘(2) has in effect a statewide system that meets 

12 the requirements of section 635. 

13 ‘‘SEC. 635. REQUIREMENTS FOR STATEWIDE SYSTEM. 

14 ‘‘(a) IN GENERAL.—A statewide system described in 

15 section 633 shall include, at a minimum, the following 

16 components: 

17 ‘‘(1) A definition of the term ‘developmental 

18 delay’ that will be used by the State in carrying out 

19 programs under this part. 

20 ‘‘(2) A State policy that is in effect and that 

21 ensures that appropriate early intervention services 

22 based on scientifically based research are available to 

23 all infants and toddlers with disabilities and their 

24 families, including Indian infants and toddlers and 

25 their families residing on a reservation geographi26 cally located in the State. 
177

•HR 1350 IH 

1 ‘‘(3) A timely, comprehensive, multidisciplinary 

2 evaluation of the functioning of each infant or tod3 dler with a disability in the State, and a family-di4 rected identification of the needs of each family of 

5 such an infant or toddler, to appropriately assist in 

6 the development of the infant or toddler. 

7 ‘‘(4) For each infant or toddler with a disability 

8 in the State, an individualized family service plan in 

9 accordance with section 636, including service co10 ordination services in accordance with such service 

11 plan. 

12 ‘‘(5) A comprehensive child find system, con13 sistent with part B, including a system for making 

14 referrals to service providers that includes timelines 

15 and provides for participation by primary referral 

16 sources. 

17 ‘‘(6) A public awareness program focusing on 

18 early identification of infants and toddlers with dis19 abilities, including the preparation and dissemination 

20 by the lead agency designated or established under 

21 paragraph (10) to all primary referral sources, espe22 cially hospitals and physicians, of information for 

23 parents on the availability of early intervention serv24 ices, and procedures for determining the extent to 
178

•HR 1350 IH 

1 which such sources disseminate such information to 

2 parents of infants and toddlers. 

3 ‘‘(7) A central directory that includes informa4 tion on early intervention services, resources, and ex5 perts available in the State and research and dem6 onstration projects being conducted in the State. 

7 ‘‘(8) A comprehensive system of personnel de8 velopment, including the training of paraprofes9 sionals and the training of primary referral sources 

10 respecting the basic components of early intervention 

11 services available in the State that—

12 ‘‘(A) shall include—

13 ‘‘(i) implementing innovative strate14 gies and activities for the recruitment and 

15 retention of early education service pro16 viders; 

17 ‘‘(ii) promoting the preparation of 

18 early intervention providers who are fully 

19 and appropriately qualified to provide early 

20 intervention services under this part; and 

21 ‘‘(iii) training personnel to coordinate 

22 transition services for infants and toddlers 

23 served under this part from a program 

24 providing early intervention services under 

25 this part and under part B (other than 
179

•HR 1350 IH 

1 section 619), to a preschool program re2 ceiving funds under section 619, or an3 other appropriate program; and 

4 ‘‘(B) may include—

5 ‘‘(i) training personnel to work in 

6 rural and inner-city areas; and 

7 ‘‘(ii) training personnel in the emo8 tional and social development of young 

9 children. 

10 ‘‘(9) Subject to subsection (b), policies and pro11 cedures relating to the establishment and mainte12 nance of standards to ensure that personnel nec13 essary to carry out this part are appropriately and 

14 adequately prepared and trained, including the es15 tablishment and maintenance of standards that are 

16 consistent with any State-approved or recognized 

17 certification, licensing, registration, or other com18 parable requirements that apply to the area in which 

19 such personnel are providing early intervention serv20 ices. 

21 ‘‘(10) A single line of responsibility in a lead 

22 agency designated or established by the Governor for 

23 carrying out—

24 ‘‘(A) the general administration and super25 vision of programs and activities receiving as-
180

•HR 1350 IH 

1 sistance under section 633, and the monitoring 

2 of programs and activities used by the State to 

3 carry out this part, whether or not such pro4 grams or activities are receiving assistance 

5 made available under section 633, to ensure 

6 that the State complies with this part; 

7 ‘‘(B) the identification and coordination of 

8 all available resources within the State from 

9 Federal, State, local, and private sources; 

10 ‘‘(C) the assignment of financial responsi11 bility in accordance with section 637(a)(2) to 

12 the appropriate agencies; 

13 ‘‘(D) the development of procedures to en14 sure that services are provided to infants and 

15 toddlers with disabilities and their families 

16 under this part in a timely manner pending the 

17 resolution of any disputes among public agen18 cies or service providers; 

19 ‘‘(E) the resolution of intra- and inter20 agency disputes; and 

21 ‘‘(F) the entry into formal interagency 

22 agreements that define the financial responsi23 bility of each agency for paying for early inter24 vention services (consistent with State law) and 

25 procedures for resolving disputes and that in-
181

•HR 1350 IH 

1 clude all additional components necessary to en2 sure meaningful cooperation and coordination. 

3 ‘‘(11) A policy pertaining to the contracting or 

4 making of other arrangements with service providers 

5 to provide early intervention services in the State, 

6 consistent with the provisions of this part, including 

7 the contents of the application used and the condi8 tions of the contract or other arrangements. 

9 ‘‘(12) A procedure for securing timely reim10 bursements of funds used under this part in accord11 ance with section 640(a). 

12 ‘‘(13) Procedural safeguards with respect to 

13 programs under this part, as required by section 

14 639. 

15 ‘‘(14) A system for compiling data requested by 

16 the Secretary under section 618 that relates to this 

17 part. 

18 ‘‘(15) A State interagency coordinating council 

19 that meets the requirements of section 641. 

20 ‘‘(16) Policies and procedures to ensure that, 

21 consistent with section 636(d)(5)—

22 ‘‘(A) to the maximum extent appropriate, 

23 early intervention services are provided in nat24 ural environments; and 
182

•HR 1350 IH 

1 ‘‘(B) the provision of early intervention 

2 services for any infant or toddler occurs in a 

3 setting other than a natural environment only 

4 when early intervention cannot be achieved sat5 isfactorily for the infant or toddler in a natural 

6 environment. 

7 ‘‘(b) POLICY.—In implementing subsection (a)(9), a 

8 State may adopt a policy that includes making ongoing 

9 good-faith efforts to recruit and hire appropriately and 

10 adequately trained personnel to provide early intervention 

11 services to infants and toddlers with disabilities, including, 

12 in a geographic area of the State where there is a shortage 

13 of such personnel, the most qualified individuals available 

14 who are making satisfactory progress toward completing 

15 applicable course work necessary to meet the standards 

16 described in subsection (a)(9), consistent with State law 

17 within 3 years. 

18 ‘‘SEC. 636. INDIVIDUALIZED FAMILY SERVICE PLAN. 

19 ‘‘(a) ASSESSMENT AND PROGRAM DEVELOPMENT.—

20 A statewide system described in section 633 shall provide, 

21 at a minimum, for each infant or toddler with a disability, 

22 and the infant’s or toddler’s family, to receive—

23 ‘‘(1) a multidisciplinary assessment of the 

24 unique strengths and needs of the infant or toddler 
183

•HR 1350 IH 

1 and the identification of services appropriate to meet 

2 such needs; 

3 ‘‘(2) a family-directed assessment of the re4 sources, priorities, and concerns of the family and 

5 the identification of the supports and services nec6 essary to enhance the family ’s capacity to meet the 

7 developmental needs of the infant or toddler; and 

8 ‘‘(3) a written individualized family service plan 

9 developed by a multidisciplinary team, including the 

10 parents, as required by subsection (e), including a 

11 description of the appropriate transition services for 

12 the child’s entrance in school. 

13 ‘‘(b) PERIODIC REVIEW.—The individualized family 

14 service plan shall be evaluated once a year and the family 

15 shall be provided a review of the plan at 6-month intervals 

16 (or more often where appropriate based on infant or tod17 dler and family needs). 

18 ‘‘(c) PROMPTNESS AFTER ASSESSMENT.—The indi19 vidualized family service plan shall be developed within a 

20 reasonable time after the assessment required by sub21 section (a)(1) is completed. With the parents’ consent, 

22 early intervention services may commence prior to the 

23 completion of the assessment. 

24 ‘‘(d) CONTENT OF PLAN.—The individualized family 

25 service plan shall be in writing and contain—
184

•HR 1350 IH 

1 ‘‘(1) a statement of the infant’s or toddler ’s 

2 present levels of physical development, cognitive de3 velopment, communication development, social or 

4 emotional development, and adaptive development, 

5 based on objective criteria; 

6 ‘‘(2) a statement of the family ’s resources, pri7 orities, and concerns relating to enhancing the devel8 opment of the family ’s infant or toddler with a dis9 ability; 

10 ‘‘(3) a statement of the measurable goals ex11 pected to be achieved for the infant or toddler and 

12 the family, including pre-literacy and language skills, 

13 and the criteria, procedures, and timelines used to 

14 determine the degree to which progress toward 

15 achieving the goals is being made and whether modi16 fications or revisions of the goals or services are nec17 essary; 

18 ‘‘(4) a statement of specific early intervention 

19 services based on peer-reviewed research necessary 

20 to meet the unique needs of the infant or toddler 

21 and the family, including the frequency, intensity, 

22 and method of delivering services; 

23 ‘‘(5) a statement of the natural environments in 

24 which early intervention services will appropriately 

25 be provided, including a justification of the extent, 
185

•HR 1350 IH 

1 if any, to which the services will not be provided in 

2 a natural environment; 

3 ‘‘(6) the projected dates for initiation of serv4 ices and the anticipated length, duration, and fre5 quency of the services; 

6 ‘‘(7) the identification of the service coordinator 

7 from the profession most immediately relevant to the 

8 infant’s or toddler’s or family’s needs (or who is oth9 erwise qualified to carry out all applicable respon10 sibilities under this part) who will be responsible for 

11 the implementation of the plan and coordination 

12 with other agencies and persons, including transition 

13 services; and 

14 ‘‘(8) the steps to be taken to support the transi15 tion of the toddler with a disability to preschool or 

16 other appropriate services. 

17 ‘‘(e) PARENTAL CONSENT.—The contents of the indi18 vidualized family service plan shall be fully explained to 

19 the parents and informed written consent from the par20 ents shall be obtained prior to the provision of early inter21 vention services described in such plan. If the parents do 

22 not provide consent with respect to a particular early 

23 intervention service, then only the early intervention serv24 ices to which consent is obtained shall be provided. 
186

•HR 1350 IH 

1 ‘‘SEC. 637. STATE APPLICATION AND ASSURANCES. 

2 ‘‘(a) APPLICATION.—A State desiring to receive a 

3 grant under section 633 shall submit an application to the 

4 Secretary at such time and in such manner as the Sec5 retary may reasonably require. The application shall con6 tain—

7 ‘‘(1) a designation of the lead agency in the 

8 State that will be responsible for the administration 

9 of funds provided under section 633; 

10 ‘‘(2) a designation of an individual or entity re11 sponsible for assigning financial responsibility 

12 among appropriate agencies; 

13 ‘‘(3) information demonstrating eligibility of the 

14 State under section 634, including a description of 

15 services to be provided to infants and toddlers with 

16 disabilities and their families through the system; 

17 ‘‘(4) if the State provides services to at-risk in18 fants and toddlers through the State-wide system, a 

19 description of such services; 

20 ‘‘(5) a description of the State policies and pro21 cedures requiring the referral of a child under the 

22 age 3 who is involved in a substantiated case of child 

23 abuse or neglect for an evaluation consistent with 

24 section 635(a)(5). 

25 ‘‘(6) a description of the uses for which funds 

26 will be expended in accordance with this part; 
187

•HR 1350 IH 

1 ‘‘(7) a description of the procedure used to en2 sure that resources are made available under this 

3 part for all geographic areas within the State; 

4 ‘‘(8) a description of State policies and proce5 dures that ensure that, prior to the adoption by the 

6 State of any other policy or procedure necessary to 

7 meet the requirements of this part, there are public 

8 hearings, adequate notice of the hearings, and an 

9 opportunity for comment available to the general 

10 public, including individuals with disabilities and 

11 parents of infants and toddlers with disabilities; 

12 ‘‘(9) a description of the policies and procedures 

13 to be used—

14 ‘‘(A) to ensure a smooth transition for tod15 dlers receiving early intervention services under 

16 this part to preschool or other appropriate serv17 ices, including a description of how—

18 ‘‘(i) the families of such toddlers will 

19 be included in the transition plans required 

20 by subparagraph (C); and 

21 ‘‘(ii) the lead agency designated or es22 tablished under section 635(a)(10) will—

23 ‘‘(I) notify the local educational 

24 agency for the area in which such a 

25 child resides that the child will shortly 
188

•HR 1350 IH 

1 reach the age of eligibility for pre2 school services under part B, as deter3 mined in accordance with State law; 

4 ‘‘(II) in the case of a child who 

5 may be eligible for such preschool 

6 services, with the approval of the fam7 ily of the child, convene a conference 

8 among the lead agency, the family, 

9 and the local educational agency at 

10 least 90 days (and at the discretion of 

11 all such parties, up to 6 months) be12 fore the child is eligible for the pre13 school services, to discuss any such 

14 services that the child may receive; 

15 and 

16 ‘‘(III) in the case of a child who 

17 may not be eligible for such preschool 

18 services, with the approval of the fam19 ily, make reasonable efforts to con20 vene a conference among the lead 

21 agency, the family, and providers of 

22 other appropriate services for children 

23 who are not eligible for preschool serv24 ices under part B, to discuss the ap-
189

•HR 1350 IH 

1 propriate services that the child may 

2 receive; 

3 ‘‘(B) to review the child’s program options 

4 for the period from the child’s third birthday 

5 through the remainder of the school year; and 

6 ‘‘(C) to establish a transition plan; and 

7 ‘‘(10) such other information and assurances as 

8 the Secretary may reasonably require. 

9 ‘‘(b) ASSURANCES.—The application described in 

10 subsection (a)—

11 ‘‘(1) shall provide satisfactory assurance that 

12 Federal funds made available under section 643 to 

13 the State will be expended in accordance with this 

14 part; 

15 ‘‘(2) shall contain an assurance that the State 

16 will comply with the requirements of section 640; 

17 ‘‘(3) shall provide satisfactory assurance that 

18 the control of funds provided under section 643, and 

19 title to property derived from those funds, will be in 

20 a public agency for the uses and purposes provided 

21 in this part and that a public agency will administer 

22 such funds and property; 

23 ‘‘(4) shall provide for—

24 ‘‘(A) making such reports in such form 

25 and containing such information as the Sec-
190

•HR 1350 IH 

1 retary may require to carry out the Secretary’s 

2 functions under this part; and 

3 ‘‘(B) keeping such records and affording 

4 such access to them as the Secretary may find 

5 necessary to ensure the correctness and 

6 verification of those reports and proper dis7 bursement of Federal funds under this part; 

8 ‘‘(5) provide satisfactory assurance that Federal 

9 funds made available under section 643 to the 

10 State—

11 ‘‘(A) will not be commingled with State 

12 funds; and 

13 ‘‘(B) will be used so as to supplement the 

14 level of State and local funds expended for in15 fants and toddlers with disabilities and their 

16 families and in no case to supplant those State 

17 and local funds; 

18 ‘‘(6) shall provide satisfactory assurance that 

19 such fiscal control and fund accounting procedures 

20 will be adopted as may be necessary to ensure prop21 er disbursement of, and accounting for, Federal 

22 funds paid under section 643 to the State; 

23 ‘‘(7) shall provide satisfactory assurance that 

24 policies and procedures have been adopted to ensure 

25 meaningful involvement of underserved groups, in-
191

•HR 1350 IH 

1 cluding minority, low-income, and rural families, in 

2 the planning and implementation of all the require3 ments of this part; and 

4 ‘‘(8) shall contain such other information and 

5 assurances as the Secretary may reasonably require 

6 by regulation. 

7 ‘‘(c) STANDARD FOR DISAPPROVAL OF APPLICA8 TION.—The Secretary may not disapprove such an appli9 cation unless the Secretary determines, after notice and 

10 opportunity for a hearing, that the application fails to 

11 comply with the requirements of this section. 

12 ‘‘(d) SUBSEQUENT STATE APPLICATION.—If a State 

13 has on file with the Secretary a policy, procedure, or as14 surance that demonstrates that the State meets a require15 ment of this section, including any policy or procedure 

16 filed under this part (as in effect before the date of the 

17 enactment of the Improving Education Results for Chil18 dren With Disabilities Act of 2003), the Secretary shall 

19 consider the State to have met the requirement for pur20 poses of receiving a grant under this part. 

21 ‘‘(e) MODIFICATION OF APPLICATION.—An applica22 tion submitted by a State in accordance with this section 

23 shall remain in effect until the State submits to the Sec24 retary such modifications as the State determines nec25 essary. This section shall apply to a modification of an 
192

•HR 1350 IH 

1 application to the same extent and in the same manner 

2 as this section applies to the original application. 

3 ‘‘(f) MODIFICATIONS REQUIRED BY THE SEC4 RETARY.—The Secretary may require a State to modify 

5 its application under this section, but only to the extent 

6 necessary to ensure the State’s compliance with this part, 

7 if—

8 ‘‘(1) an amendment is made to this Act, or a 

9 Federal regulation issued under this Act; 

10 ‘‘(2) a new interpretation of this Act is made by 

11 a Federal court or the State’s highest court; or 

12 ‘‘(3) an official finding of noncompliance with 

13 Federal law or regulations is made with respect to 

14 the State. 

15 ‘‘SEC. 638. USES OF FUNDS. 

16 ‘‘In addition to using funds provided under section 

17 633 to maintain and implement the statewide system re18 quired by such section, a State may use such funds—

19 ‘‘(1) for direct early intervention services for in20 fants and toddlers with disabilities, and their fami21 lies, under this part that are not otherwise funded 

22 through other public or private sources; 

23 ‘‘(2) to expand and improve on services for in24 fants and toddlers and their families under this part 

25 that are otherwise available; 
193

•HR 1350 IH 

1 ‘‘(3) to provide a free appropriate public edu2 cation, in accordance with part B, to children with 

3 disabilities from their third birthday to the begin4 ning of the following school year; and 

5 ‘‘(4) in any State that does not provide services 

6 for at-risk infants and toddlers under section 

7 637(a)(4), to strengthen the statewide system by ini8 tiating, expanding, or improving collaborative efforts 

9 related to at-risk infants and toddlers, including es10 tablishing linkages with appropriate public or private 

11 community-based organizations, services, and per12 sonnel for the purposes of—

13 ‘‘(A) identifying and evaluating at-risk in14 fants and toddlers; 

15 ‘‘(B) making referrals of the infants and 

16 toddlers identified and evaluated under sub17 paragraph (A); and 

18 ‘‘(C) conducting periodic follow-up on each 

19 such referral to determine if the status of the 

20 infant or toddler involved has changed with re21 spect to the eligibility of the infant or toddler 

22 for services under this part.’’. 
194

•HR 1350 IH 

1 SEC. 302. SECTIONS 641 THROUGH 645 OF THE INDIVIDUALS 

2 WITH DISABILITIES EDUCATION ACT. 

3 Sections 641 through 645 of the Individuals with 

4 Disabilities Education Act (20 U.S.C. 1441–1445) are 

5 amended to read as follows: 

6 ‘‘SEC. 641. STATE INTERAGENCY COORDINATING COUNCIL. 

7 ‘‘(a) ESTABLISHMENT.—

8 ‘‘(1) IN GENERAL.—A State that desires to re9 ceive financial assistance under this part shall estab10 lish a State interagency coordinating council. 

11 ‘‘(2) APPOINTMENT.—The council shall be ap12 pointed by the Governor. In making appointments to 

13 the council, the Governor shall ensure that the mem14 bership of the council reasonably represents the pop15 ulation of the State. 

16 ‘‘(3) CHAIRPERSON.—The Governor shall des17 ignate a member of the council to serve as the chair18 person of the council, or shall require the council to 

19 so designate such a member. Any member of the 

20 council who is a representative of the lead agency 

21 designated under section 635(a)(10) may not serve 

22 as the chairperson of the council. 

23 ‘‘(b) COMPOSITION.—

24 ‘‘(1) IN GENERAL.—The council shall be com25 posed as follows: 
195

•HR 1350 IH 

1 ‘‘(A) PARENTS.—At least 20 percent of 

2 the members shall be parents of infants or tod3 dlers with disabilities or children with disabil4 ities aged 12 or younger, with knowledge of, or 

5 experience with, programs for infants and tod6 dlers with disabilities. At least one such mem7 ber shall be a parent of an infant or toddler 

8 with a disability or a child with a disability 

9 aged 6 or younger. 

10 ‘‘(B) SERVICE PROVIDERS.—At least 20 

11 percent of the members shall be public or pri12 vate providers of early intervention services. 

13 ‘‘(C) STATE LEGISLATURE.—At least one 

14 member shall be from the State legislature. 

15 ‘‘(D) PERSONNEL PREPARATION.—At least 

16 one member shall be involved in personnel prep17 aration. 

18 ‘‘(E) AGENCY FOR EARLY INTERVENTION

19 SERVICES.—At least one member shall be from 

20 each of the State agencies involved in the provi21 sion of, or payment for, early intervention serv22 ices to infants and toddlers with disabilities and 

23 their families and shall have sufficient authority 

24 to engage in policy planning and implementa25 tion on behalf of such agencies. 
196

•HR 1350 IH 

1 ‘‘(F) AGENCY FOR PRESCHOOL SERV2 ICES.—At least one member shall be from the 

3 State educational agency responsible for pre4 school services to children with disabilities and 

5 shall have sufficient authority to engage in pol6 icy planning and implementation on behalf of 

7 such agency. 

8 ‘‘(G) AGENCY FOR HEALTH INSURANCE.—

9 At least one member shall be from the agency 

10 responsible for the State governance of health 

11 insurance. 

12 ‘‘(H) HEAD START AGENCY.—At least one 

13 representative from a Head Start agency or 

14 program in the State. 

15 ‘‘(I) CHILD CARE AGENCY.—At least one 

16 representative from a State agency responsible 

17 for child care. 

18 ‘‘(2) OTHER MEMBERS.—The council may in19 clude other members selected by the Governor, in20 cluding a representative from the Bureau of Indian 

21 Affairs, or where there is no BIA-operated or BIA22 funded school, from the Indian Health Service or the 

23 tribe or tribal council. 

24 ‘‘(c) MEETINGS.—The council shall meet at least 

25 quarterly and in such places as it deems necessary. The 
197

•HR 1350 IH 

1 meetings shall be publicly announced, and, to the extent 

2 appropriate, open and accessible to the general public. 

3 ‘‘(d) MANAGEMENT AUTHORITY.—Subject to the ap4 proval of the Governor, the council may prepare and ap5 prove a budget using funds under this part to conduct 

6 hearings and forums, to reimburse members of the council 

7 for reasonable and necessary expenses for attending coun8 cil meetings and performing council duties (including child 

9 care for parent representatives), to pay compensation to 

10 a member of the council if the member is not employed 

11 or must forfeit wages from other employment when per12 forming official council business, to hire staff, and to ob13 tain the services of such professional, technical, and cler14 ical personnel as may be necessary to carry out its func15 tions under this part. 

16 ‘‘(e) FUNCTIONS OF COUNCIL.—

17 ‘‘(1) DUTIES.—The council shall—

18 ‘‘(A) advise and assist the lead agency des19 ignated or established under section 635(a)(10) 

20 in the performance of the responsibilities set 

21 forth in such section, particularly the identifica22 tion of the sources of fiscal and other support 

23 for services for early intervention programs, as24 signment of financial responsibility to the ap-
198

•HR 1350 IH 

1 propriate agency, and the promotion of the 

2 interagency agreements; 

3 ‘‘(B) advise and assist the lead agency in 

4 the preparation of applications and amend5 ments thereto; 

6 ‘‘(C) advise and assist the State edu7 cational agency regarding the transition of tod8 dlers with disabilities to preschool and other ap9 propriate services; and 

10 ‘‘(D) prepare and submit an annual report 

11 to the Governor and to the Secretary on the 

12 status of early intervention programs for in13 fants and toddlers with disabilities and their 

14 families operated within the State. 

15 ‘‘(2) AUTHORIZED ACTIVITY.—The council may 

16 advise and assist the lead agency and the State edu17 cational agency regarding the provision of appro18 priate services for children from birth through age 

19 5. The council may advise appropriate agencies in 

20 the State with respect to the integration of services 

21 for infants and toddlers with disabilities and at-risk 

22 infants and toddlers and their families, regardless of 

23 whether at-risk infants and toddlers are eligible for 

24 early intervention services in the State. 
199

•HR 1350 IH 

1 ‘‘(f) CONFLICT OF INTEREST.—No member of the 

2 council shall cast a vote on any matter that would provide 

3 direct financial benefit to that member or otherwise give 

4 the appearance of a conflict of interest under State law. 

5 ‘‘SEC. 642. FEDERAL ADMINISTRATION. 

6 ‘‘Sections 616, 617, and 618 shall, to the extent not 

7 inconsistent with this part, apply to the program author8 ized by this part, except that—

9 ‘‘(1) any reference in such sections to a State 

10 educational agency shall be considered to be a ref11 erence to a State’s lead agency established or des12 ignated under section 635(a)(10); 

13 ‘‘(2) any reference in such sections to a local 

14 educational agency, educational service agency, or a 

15 State agency shall be considered to be a reference to 

16 an early intervention service provider under this 

17 part; and 

18 ‘‘(3) any reference to the education of children 

19 with disabilities or the education of all children with 

20 disabilities shall be considered to be a reference to 

21 the provision of appropriate early intervention serv22 ices to infants and toddlers with disabilities. 

23 ‘‘SEC. 643. ALLOCATION OF FUNDS. 

24 ‘‘(a) RESERVATION OF FUNDS FOR OUTLYING

25 AREAS.—
200

•HR 1350 IH 

1 ‘‘(1) IN GENERAL.—From the sums appro2 priated to carry out this part for any fiscal year, the 

3 Secretary may reserve up to one percent for pay4 ments to Guam, American Samoa, the Virgin Is5 lands, and the Commonwealth of the Northern Mar6 iana Islands in accordance with their respective 

7 needs. 

8 ‘‘(2) CONSOLIDATION OF FUNDS.—The provi9 sions of Public Law 95–134, permitting the consoli10 dation of grants to the outlying areas, shall not 

11 apply to funds those areas receive under this part. 

12 ‘‘(b) PAYMENTS TO INDIANS.—

13 ‘‘(1) IN GENERAL.—The Secretary shall, sub14 ject to this subsection, make payments to the Sec15 retary of the Interior to be distributed to tribes, 

16 tribal organizations (as defined under section 4 of 

17 the Indian Self-Determination and Education Assist18 ance Act), or consortia of the above entities for the 

19 coordination of assistance in the provision of early 

20 intervention services by the States to infants and 

21 toddlers with disabilities and their families on res22 ervations served by elementary and secondary 

23 schools for Indian children operated or funded by 

24 the Department of the Interior. The amount of such 

25 payment for any fiscal year shall be 1.25 percent of 
201

•HR 1350 IH 

1 the aggregate of the amount available to all States 

2 under this part for such fiscal year. 

3 ‘‘(2) ALLOCATION.—For each fiscal year, the 

4 Secretary of the Interior shall distribute the entire 

5 payment received under paragraph (1) by providing 

6 to each tribe, tribal organization, or consortium an 

7 amount based on the number of infants and toddlers 

8 residing on the reservation, as determined annually, 

9 divided by the total number of such children served 

10 by all tribes, tribal organizations, or consortia. 

11 ‘‘(3) INFORMATION.—To receive a payment 

12 under this subsection, the tribe, tribal organization, 

13 or consortium shall submit such information to the 

14 Secretary of the Interior as is needed to determine 

15 the amounts to be distributed under paragraph (2). 

16 ‘‘(4) USE OF FUNDS.—The funds received by a 

17 tribe, tribal organization, or consortium shall be 

18 used to assist States in child find, screening, and 

19 other procedures for the early identification of In20 dian children under 3 years of age and for parent 

21 training. Such funds may also be used to provide 

22 early intervention services in accordance with this 

23 part. Such activities may be carried out directly or 

24 through contracts or cooperative agreements with 

25 the BIA, local educational agencies, and other public 
202

•HR 1350 IH 

1 or private nonprofit organizations. The tribe, tribal 

2 organization, or consortium is encouraged to involve 

3 Indian parents in the development and implementa4 tion of these activities. The above entities shall, as 

5 appropriate, make referrals to local, State, or Fed6 eral entities for the provision of services or further 

7 diagnosis. 

8 ‘‘(5) REPORTS.—To be eligible to receive a 

9 grant under paragraph (2), a tribe, tribal organiza10 tion, or consortium shall make an annual report to 

11 the Secretary of the Interior of activities undertaken 

12 under this subsection, including the number of con13 tracts and cooperative agreements entered into, the 

14 number of children contacted and receiving services 

15 for each year, and the estimated number of children 

16 needing services during the year following the year 

17 in which the report is made. The Secretary of the 

18 Interior shall include a summary of this information 

19 on an annual basis to the Secretary of Education 

20 along with such other information as required under 

21 section 611(i)(3)(E). The Secretary of Education 

22 may require any additional information from the 

23 Secretary of the Interior. 

24 ‘‘(6) PROHIBITED USES OF FUNDS.—None of 

25 the funds under this subsection may be used by the 
203

•HR 1350 IH 

1 Secretary of the Interior for administrative pur2 poses, including child count, and the provision of 

3 technical assistance. 

4 ‘‘(c) STATE ALLOTMENTS.—

5 ‘‘(1) IN GENERAL.—Except as provided in para6 graphs (2) and (3) from the funds remaining for 

7 each fiscal year after the reservation and payments 

8 under subsections (a) and (b), the Secretary shall 

9 first allot to each State an amount that bears the 

10 same ratio to the amount of such remainder as the 

11 number of infants and toddlers in the State bears to 

12 the number of infants and toddlers in all States. 

13 ‘‘(2) MINIMUM ALLOTMENTS.—Except as pro14 vided in paragraph (3) no State shall receive an 

15 amount under this section for any fiscal year that is 

16 less than the greatest of—

17 ‘‘(A) one-half of one percent of the remain18 ing amount described in paragraph (1); or 

19 ‘‘(B) $500,000. 

20 ‘‘(3) RATABLE REDUCTION.—

21 ‘‘(A) IN GENERAL.—If the sums made 

22 available under this part for any fiscal year are 

23 insufficient to pay the full amounts that all 

24 States are eligible to receive under this sub25 section for such year, the Secretary shall rat-
204

•HR 1350 IH 

1 ably reduce the allotments to such States for 

2 such year. 

3 ‘‘(B) ADDITIONAL FUNDS.—If additional 

4 funds become available for making payments 

5 under this subsection for a fiscal year, allot6 ments that were reduced under subparagraph 

7 (A) shall be increased on the same basis they 

8 were reduced. 

9 ‘‘(4) DEFINITIONS.—For the purpose of this 

10 subsection—

11 ‘‘(A) the terms ‘infants’ and ‘toddlers’ 

12 mean children under 3 years of age; and 

13 ‘‘(B) the term ‘State’ means each of the 50 

14 States, the District of Columbia, and the Com15 monwealth of Puerto Rico. 

16 ‘‘(d) REALLOTMENT OF FUNDS.—If a State elects 

17 not to receive its allotment under subsection (c), the Sec18 retary shall reallot, among the remaining States, amounts 

19 from such State in accordance with such subsection. 

20 ‘‘SEC. 644. AUTHORIZATION OF APPROPRIATIONS. 

21 ‘‘For the purpose of carrying out this part, there are 

22 authorized to be appropriated $447,000,000 for fiscal year 

23 2004 and such sums as may be necessary for each of the 

24 fiscal years 2005 through 2009.’’. 
205

•HR 1350 IH 

1 TITLE IV—NATIONAL ACTIVITIES 

2 TO IMPROVE EDUCATION OF 

3 CHILDREN WITH DISABIL4 ITIES 

5 SEC. 401. NATIONAL ACTIVITIES TO IMPROVE EDUCATION 

6 OF CHILDREN WITH DISABILITIES. 

7 Part D of the Individuals with Disabilities Education 

8 Act (20 U.S.C. 1451 et seq.) is amended to read as fol9 lows:

10 ‘‘PART D—NATIONAL ACTIVITIES TO IMPROVE 

11 EDUCATION OF CHILDREN WITH DISABILITIES 

12 ‘‘SEC. 651. FINDINGS. 

13 ‘‘The Congress finds the following: 

14 ‘‘(1) The Federal Government has an ongoing 

15 obligation to support activities that contribute to 

16 positive results for children with disabilities, ena17 bling them to lead productive and independent adult 

18 lives. 

19 ‘‘(2) Systemic change benefiting all students, 

20 including children with disabilities, requires the in21 volvement of States, local educational agencies, par22 ents, individuals with disabilities and their families, 

23 teachers and other service providers, and other inter24 ested individuals and organizations, to develop and 
206

•HR 1350 IH 

1 implement comprehensive strategies that improve 

2 educational results for children with disabilities. 

3 ‘‘(3) State educational agencies, in partnership 

4 with local educational agencies, parents of children 

5 with disabilities, and other individuals and organiza6 tions, are in the best position to improve education 

7 for children with disabilities and to address their 

8 special needs. 

9 ‘‘(4) An effective educational system serving 

10 students with disabilities should—

11 ‘‘(A) maintain high academic standards 

12 and clear achievement goals for children, con13 sistent with the standards and expectations for 

14 all students in the educational system, and pro15 vide for appropriate and effective strategies and 

16 methods to ensure that all children with disabil17 ities have the opportunity to achieve those 

18 standards and goals; 

19 ‘‘(B) clearly define, in objective, measur20 able terms, the school and post-school results 

21 that children with disabilities are expected to 

22 achieve; and 

23 ‘‘(C) promote transition services, as de24 scribed in section 602(31), and coordinate State 

25 and local education, social, health, mental 
207

•HR 1350 IH 

1 health, and other services, to address the full 

2 range of student needs, particularly the needs 

3 of children with disabilities who require signifi4 cant levels of support to participate and learn 

5 in school and the community. 

6 ‘‘(5) The availability of an adequate number of 

7 qualified personnel is critical in order to serve effec8 tively children with disabilities, assume leadership 

9 positions in administrative and direct-service, pro10 vide teacher training, and conduct high-quality re11 search to improve special education. 

12 ‘‘(6) High-quality, comprehensive professional 

13 development programs are essential to ensure that 

14 the persons responsible for the education or transi15 tion of children with disabilities possess the skills 

16 and knowledge necessary to address the educational 

17 and related needs of those children. 

18 ‘‘(7) Models of professional development should 

19 be scientifically based and reflect successful prac20 tices, including strategies for recruiting, preparing, 

21 and retaining personnel. 

22 ‘‘(8) Continued support is essential for the de23 velopment and maintenance of a coordinated and 

24 high-quality program of research to inform success-
208

•HR 1350 IH 

1 ful teaching practices and model curricula for edu2 cating children with disabilities. 

3 ‘‘(9) A comprehensive research agenda should 

4 be established and pursued to promote the highest 

5 quality and rigor in special education research, and 

6 to address the full range of issues facing children 

7 with disabilities, parents of children with disabilities, 

8 school personnel, and others. 

9 ‘‘(10) Technical assistance, support, and dis10 semination activities are necessary to ensure that 

11 parts B and C are fully implemented and achieve 

12 quality early intervention, educational, and transi13 tional results for children with disabilities and their 

14 families. 

15 ‘‘(11) Parents, teachers, administrators, and re16 lated services personnel need technical assistance 

17 and information in a timely, coordinated, and acces18 sible manner in order to improve early intervention, 

19 educational, and transitional services and results at 

20 the State and local levels for children with disabil21 ities and their families. 

22 ‘‘(12) Parent and community training and in23 formation activities assist parents of a child with a 

24 disability in dealing with the multiple pressures of 
209

•HR 1350 IH 

1 parenting such a child and are of particular impor2 tance in—

3 ‘‘(A) creating and preserving constructive 

4 relationships between parents of children with 

5 disabilities and schools by facilitating open com6 munication between such parents and schools, 

7 encouraging dispute resolution at the earliest 

8 point in time possible, and discouraging the es9 calation of an adversarial process between such 

10 parents and schools; 

11 ‘‘(B) ensuring the involvement of such par12 ents in planning and decision-making with re13 spect to early intervention, educational, and 

14 transitional services; 

15 ‘‘(C) achieving high-quality early interven16 tion, educational, and transitional results for 

17 children with disabilities; 

18 ‘‘(D) providing such parents information 

19 on their rights, protections, and responsibilities 

20 under this Act to ensure improved early inter21 vention, educational, and transitional results for 

22 children with disabilities; 

23 ‘‘(E) assisting such parents in the develop24 ment of skills to participate effectively in the 
210

•HR 1350 IH 

1 education and development of their children and 

2 in the transitions described in section 602(31); 

3 ‘‘(F) supporting the roles of such parents 

4 as participants within partnerships seeking to 

5 improve early intervention, educational, and 

6 transitional services and results for children 

7 with disabilities and their families; and 

8 ‘‘(G) supporting those parents who may 

9 have limited access to services and supports due 

10 to economic, cultural, or linguistic barriers. 

11 ‘‘(13) Support is needed to improve techno12 logical resources and integrate technology into the 

13 lives of children with disabilities, parents of children 

14 with disabilities, school personnel, and others 

15 through curricula, services, and assistive tech16 nologies. 

17 ‘‘Subpart 1—State Professional Development Grants 

18 ‘‘SEC. 652. PURPOSE. 

19 ‘‘The purpose of this subpart is to assist State edu20 cational agencies in reforming and improving their sys21 tems for professional development in early intervention, 

22 educational, and transition services in order to improve re23 sults for children with disabilities. 
211

•HR 1350 IH 

1 ‘‘SEC. 653. ELIGIBILITY AND COLLABORATIVE PROCESS. 

2 ‘‘(a) ELIGIBLE APPLICANTS.—A State educational 

3 agency may apply for a grant under this subpart for a 

4 grant period of not less than 1 year and not more than 

5 5 years. 

6 ‘‘(b) PARTNERS.—

7 ‘‘(1) REQUIRED PARTNERS.—In order to be 

8 considered for a grant under this subpart, a State 

9 educational agency shall enter into a partnership 

10 agreement with local educational agencies and other 

11 State agencies involved in, or concerned with, the 

12 education of children with disabilities. 

13 ‘‘(2) OPTIONAL PARTNERS.—In addition, a 

14 State educational agency may enter into a partner15 ship agreement with any of the following: 

16 ‘‘(A) The Governor. 

17 ‘‘(B) Parents of children with disabilities 

18 ages birth through 21. 

19 ‘‘(C) Parents of nondisabled children ages 

20 birth through 21. 

21 ‘‘(D) Individuals with disabilities. 

22 ‘‘(E) Organizations representing individ23 uals with disabilities and their parents, such as 

24 parent and community training and information 

25 centers. 
212

•HR 1350 IH 

1 ‘‘(F) Community-based and other non2 profit organizations involved in the education 

3 and employment of individuals with disabilities. 

4 ‘‘(G) The lead State agency for part C. 

5 ‘‘(H) General and special education teach6 ers, and early intervention personnel. 

7 ‘‘(I) The State advisory panel established 

8 under part C. 

9 ‘‘(J) The State interagency coordinating 

10 council established under part C. 

11 ‘‘(K) Institutions of higher education with12 in the State. 

13 ‘‘(L) Individuals knowledgeable about voca14 tional education. 

15 ‘‘(M) The State agency for higher edu16 cation. 

17 ‘‘(O) The State vocational rehabilitation 

18 agency. 

19 ‘‘(P) Public agencies with jurisdiction in 

20 the areas of health, mental health, social serv21 ices, and juvenile justice. 

22 ‘‘(Q) Other providers of professional devel23 opment that work with students with disabil24 ities. 

25 ‘‘(R) Other individuals. 
213

•HR 1350 IH 

1 ‘‘SEC. 654. APPLICATIONS. 

2 ‘‘(a) IN GENERAL.—

3 ‘‘(1) SUBMISSION.—A State educational agency 

4 that desires to receive a grant under this subpart 

5 shall submit to the Secretary an application at such 

6 time, in such manner, and including such informa7 tion as the Secretary may require. 

8 ‘‘(2) STATE PLAN.—The application shall in9 clude a plan that addresses the State and local 

10 needs for the professional development of adminis11 trators, principals, teachers, and individuals who 

12 provide direct supplementary aids and services to 

13 children with disabilities, and that—

14 ‘‘(A) is integrated, to the maximum extent 

15 possible, with State plans under the Elementary 

16 and Secondary Education Act of 1965, the Re17 habilitation Act of 1973, and the Higher Edu18 cation Act of 1965, as appropriate; and 

19 ‘‘(B) is designed to enable the State to 

20 meet the requirements of section 612(a)(15) of 

21 this Act. 

22 ‘‘(b) ELEMENTS OF STATE PLAN.—Each State plan 

23 shall—

24 ‘‘(1) describe a partnership agreement that—

25 ‘‘(A) specifies—
214

•HR 1350 IH 

1 ‘‘(i) the nature and extent of the part2 nership among the State educational agen3 cy, local educational agencies, and other 

4 State agencies involved in, or concerned 

5 with, the education of children with disabil6 ities, and the respective roles of each mem7 ber of the partnership; and 

8 ‘‘(ii) how such agencies will work in 

9 partnership with other persons and organi10 zations involved in, and concerned with, 

11 the education of children with disabilities, 

12 including the respective roles of each of 

13 these persons and organizations; and 

14 ‘‘(B) is in effect for the period of the 

15 grant; 

16 ‘‘(2) describe how grant funds, including part B 

17 funds retained for use at the State level under sec18 tions 611(f) and 619(d), and other Federal funds 

19 will be used to support activities conducted under 

20 this section; 

21 ‘‘(3) describe the strategies the State will use to 

22 implement the plan to improve results for children 

23 with disabilities, including—

24 ‘‘(A) how the State will align its profes25 sional development plan with the plans sub-
215

•HR 1350 IH 

1 mitted by the State under sections 1115 and 

2 2112 of the Elementary and Secondary Edu3 cation Act of 1965; 

4 ‘‘(B) how the State will provide technical 

5 assistance to local educational agencies and 

6 schools to improve the quality of professional 

7 development available to meet the needs of per8 sonnel that serve children with disabilities; 

9 ‘‘(C) how the State will assess, on a reg10 ular basis, the extent to which the strategies 

11 implemented under this subpart have been ef12 fective in meeting the achievement goals and in13 dicators in section 612(a)(16); 

14 ‘‘(4) describe, as appropriate, how the strate15 gies described in paragraph (3) will be coordinated 

16 with public and private sector resources; and 

17 ‘‘(5) include an assurance that the State will 

18 use funds received under this subpart to carry out 

19 each of the activities specified in the plan. 

20 ‘‘(c) COMPETITIVE AWARDS.—

21 ‘‘(1) IN GENERAL.—The Secretary shall make 

22 grants under this subpart on a competitive basis. 

23 ‘‘(2) PRIORITY.—The Secretary may give pri24 ority to applications on the basis of need. 

25 ‘‘(d) PEER REVIEW.—
216

•HR 1350 IH 

1 ‘‘(1) IN GENERAL.—The Secretary shall evalu2 ate applications under this subpart using a panel of 

3 experts who are qualified by virtue of their training, 

4 expertise, or experience. 

5 ‘‘(2) COMPOSITION OF PANEL.—A majority of a 

6 panel described in paragraph (1) shall be composed 

7 of individuals who are not employees of the Federal 

8 Government. 

9 ‘‘(3) PAYMENT OF FEES AND EXPENSES OF

10 CERTAIN MEMBERS.—The Secretary may use avail11 able funds appropriated to carry out this subpart to 

12 pay the expenses and fees of panel members who are 

13 not employees of the Federal Government. 

14 ‘‘(e) REPORTING PROCEDURES.—Each State edu15 cational agency that receives a grant under this subpart 

16 shall submit annual performance reports to the Secretary. 

17 The reports shall—

18 ‘‘(1) describe the progress of the State in imple19 menting its plan; 

20 ‘‘(2) analyze the effectiveness of the State’s ac21 tivities under this subpart and of the State’s strate22 gies for meeting its goals under section 612(a)(16); 

23 and 

24 ‘‘(3) identify any changes in such strategies 

25 needed to improve its performance. 
217

•HR 1350 IH 

1 ‘‘SEC. 655. USE OF FUNDS. 

2 ‘‘(a) IN GENERAL.—

3 ‘‘(1) ACTIVITIES.—A State educational agency 

4 that receives a grant under this subpart shall use 

5 the grant funds, subject to subsection (b), for the 

6 following: 

7 ‘‘(A) PROFESSIONAL DEVELOPMENT.—

8 ‘‘(i) Carrying out programs that sup9 port the professional development of both 

10 special education and regular education 

11 teachers of children with disabilities, such 

12 as programs that—

13 ‘‘(I) provide teacher mentoring, 

14 team teaching, reduced class sched15 ules, and intensive professional devel16 opment; and 

17 ‘‘(II) use standards or assess18 ments for guiding beginning teachers 

19 that are consistent with challenging 

20 State student academic achievement 

21 standards and with the requirements 

22 for professional development activities 

23 described in section 9101 of the Ele24 mentary and Secondary Education 

25 Act of 1965. 
218

•HR 1350 IH 

1 ‘‘(ii) Encouraging and supporting the 

2 training of special education and regular 

3 education teachers and administrators to 

4 effectively integrate technology into cur5 ricula and instruction, including training 

6 to improve the ability to collect, manage, 

7 and analyze data to improve teaching, deci8 sionmaking, school improvement efforts, 

9 and accountability. 

10 ‘‘(iii) Providing professional develop11 ment activities that improve the knowledge 

12 of special education and regular education 

13 teachers concerning—

14 ‘‘(I) the academic and develop15 mental needs of students with disabil16 ities; and 

17 ‘‘(II) effective instructional strat18 egies, methods, and skills, use of chal19 lenging State academic content stand20 ards and student academic achieve21 ment standards, and use of State as22 sessments, to improve teaching prac23 tices and student academic achieve24 ment. 
219

•HR 1350 IH 

1 ‘‘(iv) Providing professional develop2 ment activities that—

3 ‘‘(I) improve the knowledge of 

4 special education and regular edu5 cation teachers and principals and, in 

6 appropriate cases, paraprofessionals, 

7 concerning effective instructional 

8 practices; 

9 ‘‘(II) provide training in how to 

10 teach and address the needs of stu11 dents with different learning styles; 

12 ‘‘(III) involve collaborative 

13 groups of teachers and administra14 tors; 

15 ‘‘(IV) provide training in meth16 ods of—

17 ‘‘(aa) positive behavior inter18 ventions and supports to improve 

19 student behavior in the class20 room; 

21 ‘‘(bb) scientifically based 

22 reading instruction, including 

23 early literacy instruction; and 
220

•HR 1350 IH 

1 ‘‘(cc) early and appropriate 

2 interventions to identify and help 

3 students with disabilities; 

4 ‘‘(V) provide training to enable 

5 special education and regular edu6 cation teachers and principals to in7 volve parents in their child’s edu8 cation, especially parents of low in9 come and limited English proficient 

10 children with disabilities; or 

11 ‘‘(VI) train administrators and 

12 other relevant school personnel in con13 ducting facilitated individualized edu14 cation program meetings. 

15 ‘‘(v) Developing and implementing ini16 tiatives to promote retention of highly 

17 qualified special education teachers, includ18 ing programs that provide—

19 ‘‘(I) teacher mentoring from ex20 emplary special education teachers, 

21 principals, or superintendents; 

22 ‘‘(II) induction and support for 

23 special education teachers during their 

24 first 3 years of employment as teach25 ers; or 
221

•HR 1350 IH 

1 ‘‘(III) incentives, including finan2 cial incentives, to retain special edu3 cation teachers who have a record of 

4 success in helping students with dis5 abilities improve their academic 

6 achievement. 

7 ‘‘(vi) Carrying out programs and ac8 tivities that are designed to improve the 

9 quality of the teacher force that serves stu10 dents with disabilities, such as—

11 ‘‘(I) innovative professional devel12 opment programs (which may be pro13 vided through partnerships including 

14 institutions of higher education), in15 cluding programs that train teachers 

16 and principals to integrate technology 

17 into curricula and instruction to im18 prove teaching, learning, and tech19 nology literacy, are consistent with the 

20 requirements of section 9101 of the 

21 Elementary and Secondary Assistance 

22 Act of 1965, and are coordinated with 

23 activities carried out under this part; 

24 and 
222

•HR 1350 IH 

1 ‘‘(II) development and use of 

2 proven, cost-effective strategies for the 

3 implementation of professional devel4 opment activities, such as through the 

5 use of technology and distance learn6 ing. 

7 ‘‘(B) STATE ACTIVITIES.—

8 ‘‘(i) Reforming special education and 

9 regular education teacher certification (in10 cluding recertification) or licensing require11 ments to ensure that—

12 ‘‘(I) special education and reg13 ular education teachers have the 

14 training and information necessary to 

15 address the wide variety of needs of 

16 children with disabilities across dis17 ability categories; 

18 ‘‘(II) special education and reg19 ular education teachers have the nec20 essary subject matter knowledge and 

21 teaching skills in the academic sub22 jects that the teachers teach; 

23 ‘‘(III) special education and reg24 ular education teacher certification 

25 (including recertification) or licensing 
223

•HR 1350 IH 

1 requirements are aligned with chal2 lenging State academic content stand3 ards; and 

4 ‘‘(IV) special education and reg5 ular education teachers have the sub6 ject matter knowledge and teaching 

7 skills, including technology literacy, 

8 necessary to help students meet chal9 lenging State student academic 

10 achievement standards. 

11 ‘‘(ii) Carrying out programs that es12 tablish, expand, or improve alternative 

13 routes for State certification of special 

14 education teachers for individuals who 

15 demonstrate the potential to become highly 

16 effective special education teachers, such 

17 as individuals with a baccalaureate or mas18 ter’s degree (including mid-career profes19 sionals from other occupations), para20 professionals, former military personnel, 

21 and recent college or university graduates 

22 with records of academic distinction. 

23 ‘‘(iii) Carrying out teacher advance24 ment initiatives for special education 

25 teachers that promote professional growth 
224

•HR 1350 IH 

1 and emphasize multiple career paths (such 

2 as paths to becoming a career teacher, 

3 mentor teacher, or exemplary teacher) and 

4 pay differentiation. 

5 ‘‘(iv) Developing and implementing 

6 mechanisms to assist local educational 

7 agencies and schools in effectively recruit8 ing and retaining highly qualified special 

9 education teachers. 

10 ‘‘(v) Reforming tenure systems, imple11 menting teacher testing for subject matter 

12 knowledge, and implementing teacher test13 ing for State certification or licensing, con14 sistent with title II of the Higher Edu15 cation Act of 1965. 

16 ‘‘(vi) Developing and implementing 

17 mechanisms to assist schools in effectively 

18 recruiting and retaining highly qualified 

19 special education teachers. 

20 ‘‘(vii) Funding projects to promote 

21 reciprocity of teacher certification or li22 censing between or among States for spe23 cial education teachers, except that no reci24 procity agreement developed under this 

25 clause or developed using funds provided 
225

•HR 1350 IH 

1 under this subpart may lead to the weak2 ening of any State teaching certification or 

3 licensing requirement. 

4 ‘‘(viii) Developing or assisting local 

5 educational agencies to serve children with 

6 disabilities through the development and 

7 use of proven, innovative strategies to de8 liver intensive professional development 

9 programs that are both cost-effective and 

10 easily accessible, such as strategies that in11 volve delivery through the use of tech12 nology, peer networks, and distance learn13 ing. 

14 ‘‘(ix) Developing, or assisting local 

15 educational agencies in developing, merit16 based performance systems, and strategies 

17 that provide differential and bonus pay for 

18 special education teachers. 

19 ‘‘(x) Supporting activities that ensure 

20 that teachers are able to use challenging 

21 State academic content standards and stu22 dent academic achievement standards, and 

23 State assessments, to improve instructional 

24 practices and improve the academic 

25 achievement of children with disabilities. 
226

•HR 1350 IH 

1 ‘‘(xi) Coordinate with, and expand, 

2 centers established under section 2113(18) 

3 of the Elementary and Secondary Edu4 cation Act of 1965 to benefit special edu5 cation teachers. 

6 ‘‘(2) CONTRACTS AND SUBGRANTS.—Each such 

7 State educational agency—

8 ‘‘(A) shall, consistent with its partnership 

9 agreement under section 653(b), award con10 tracts or subgrants to local educational agen11 cies, institutions of higher education, and par12 ent and community training and information 

13 centers, as appropriate, to carry out its State 

14 plan under this subpart; and 

15 ‘‘(B) may award contracts and subgrants 

16 to other public and private entities, including 

17 the lead agency under part C, to carry out such 

18 plan. 

19 ‘‘(b) USE OF FUNDS FOR PROFESSIONAL DEVELOP20 MENT.—A State educational agency that receives a grant 

21 under this subpart shall use—

22 ‘‘(1) not less than 90 percent of the funds it re23 ceives under the grant for any fiscal year for activi24 ties under subsection (a)(1)(A); and 
227

•HR 1350 IH 

1 ‘‘(2) not more than 10 percent of the funds it 

2 receives under the grant for any fiscal year for ac3 tivities under subsection (a)(1)(B). 

4 ‘‘(c) GRANTS TO OUTLYING AREAS.—Public Law 95–

5 134, permitting the consolidation of grants to the outlying 

6 areas, shall not apply to funds received under this subpart. 

7 ‘‘SEC. 656. STATE GRANT AMOUNTS. 

8 ‘‘(a) IN GENERAL.—The Secretary shall make a 

9 grant to each State educational agency whose application 

10 the Secretary has selected for funding under this subpart 

11 in an amount for each fiscal year that is—

12 ‘‘(1) not less than $500,000, nor more than 

13 $2,000,000, in the case of the 50 States, the Dis14 trict of Columbia, and the Commonwealth of Puerto 

15 Rico; and 

16 ‘‘(2) not less than $80,000, in the case of an 

17 outlying area. 

18 ‘‘(b) FACTORS.—The Secretary shall set the amount 

19 of each grant under subsection (a) after considering—

20 ‘‘(1) the amount of funds available for making 

21 the grants; 

22 ‘‘(2) the relative population of the State or out23 lying area; and 

24 ‘‘(3) the types of activities proposed by the 

25 State or outlying area, including—
228

•HR 1350 IH 

1 ‘‘(A) the alignment of proposed activities 

2 with paragraphs (15) and (16) of section 

3 612(a); 

4 ‘‘(B) the alignment of proposed activities 

5 with the plans submitted under sections 1111 

6 and 2112 of the Elementary and Secondary 

7 Education Act of 1965; and 

8 ‘‘(C) the use, as appropriate, of scientif9 ically-based research. 

10 ‘‘SEC. 657. AUTHORIZATION OF APPROPRIATIONS. 

11 ‘‘There are authorized to be appropriated to carry out 

12 this subpart such sums as may be necessary for each of 

13 the fiscal years 2004 through 2008. 

14 Subpart 2—Scientifically Based Research; Technical 

15 Assistance; Model Demonstration Projects; Dis16 semination of Information; and Personnel Pro17 grams 

18 ‘‘SEC. 661. PURPOSE. 

19 ‘‘The purpose of this subpart is to provide Federal 

20 funding for scientifically based research, technical assist21 ance, model demonstration projects, information dissemi22 nation, and personnel preparation programs to improve 

23 early intervention, educational, and transitional results for 

24 children with disabilities. 
229

•HR 1350 IH 

1 ‘‘SEC. 662. ADMINISTRATIVE PROVISIONS. 

2 ‘‘(a) COMPREHENSIVE PLAN.—

3 ‘‘(1) IN GENERAL.—The Secretary shall develop 

4 and implement a comprehensive plan for activities 

5 carried out under this subpart in order to enhance 

6 the provision of educational, related, transitional, 

7 and early intervention services to children with dis8 abilities under parts B and C. The plan shall include 

9 mechanisms to address educational, related services, 

10 transitional, and early intervention needs identified 

11 by State educational agencies in applications sub12 mitted under subpart 1. 

13 ‘‘(2) PUBLIC COMMENT.—The Secretary shall 

14 provide a public comment period of at least 30 days 

15 on the plan. 

16 ‘‘(3) DISTRIBUTION OF FUNDS.—In imple17 menting the plan, the Secretary shall, to the extent 

18 appropriate, ensure that funds are awarded to re19 cipients under this subpart to carry out activities 

20 that benefit, directly or indirectly, children with dis21 abilities of all ages. 

22 ‘‘(4) REPORTS TO CONGRESS.—The Secretary 

23 shall annually report to the Congress on the Sec24 retary’s activities under this subsection, including an 

25 initial report not later than the date that is 12 

26 months after the date of the enactment of Improving 
230

•HR 1350 IH 

1 Education Results for Children With Disabilities Act 

2 of 2003. 

3 ‘‘(b) ELIGIBLE APPLICANTS.—

4 ‘‘(1) IN GENERAL.—Except as otherwise pro5 vided in this subpart, the following entities are eligi6 ble to apply for a grant, contract, or cooperative 

7 agreement under this subpart: 

8 ‘‘(A) A State educational agency. 

9 ‘‘(B) A local educational agency. 

10 ‘‘(C) A public charter school that is a local 

11 educational agency under State law. 

12 ‘‘(D) An institution of higher education. 

13 ‘‘(E) Any other public agency. 

14 ‘‘(F) A private nonprofit organization. 

15 ‘‘(G) An outlying area. 

16 ‘‘(H) An Indian tribe or a tribal organiza17 tion (as defined under section 4 of the Indian 

18 Self-Determination and Education Assistance 

19 Act (25 U.S.C. 450b)). 

20 ‘‘(I) A for-profit organization. 

21 ‘‘(2) SPECIAL RULE.—The Secretary may limit 

22 the entities eligible for an award of a grant, con23 tract, or cooperative agreement to one or more cat24 egories of eligible entities described in paragraph 

25 (1). 
231

•HR 1350 IH 

1 ‘‘(c) SPECIAL POPULATIONS.—

2 ‘‘(1) APPLICATION REQUIREMENT.—In making 

3 an award of a grant, contract, or cooperative agree4 ment under this subpart, the Secretary shall, as ap5 propriate, require an applicant to demonstrate how 

6 the applicant will address the needs of children with 

7 disabilities from minority backgrounds. 

8 ‘‘(2) REQUIRED OUTREACH AND TECHNICAL AS9 SISTANCE.—Notwithstanding any other provision of 

10 this Act, the Secretary shall reserve at least one per11 cent of the total amount of funds appropriated to 

12 carry out this subpart for either or both of the fol13 lowing activities: 

14 ‘‘(A) Providing outreach and technical as15 sistance to historically black colleges and uni16 versities, and to institutions of higher education 

17 with minority enrollments of at least 25 per18 cent, to promote the participation of such col19 leges, universities, and institutions in activities 

20 under this subpart. 

21 ‘‘(B) Enabling historically black colleges 

22 and universities, and the institutions described 

23 in subparagraph (A), to assist other colleges, 

24 universities, institutions, and agencies in im25 proving educational and transitional results for 
232

•HR 1350 IH 

1 children with disabilities, if such grant appli2 cants meet the criteria established by the Sec3 retary under this subpart. 

4 ‘‘(d) PRIORITIES.—The Secretary, in making an 

5 award of a grant, contract, or cooperative agreement 

6 under this subpart, may, without regard to the rulemaking 

7 procedures under section 553 of title 5, United States 

8 Code, limit competitions to, or otherwise give priority to—

9 ‘‘(1) projects that address one or more—

10 ‘‘(A) age ranges; 

11 ‘‘(B) disabilities; 

12 ‘‘(C) school grades; 

13 ‘‘(D) types of educational placements or 

14 early intervention environments; 

15 ‘‘(E) types of services; 

16 ‘‘(F) content areas, such as reading; or 

17 ‘‘(G) effective strategies for helping chil18 dren with disabilities learn appropriate behavior 

19 in the school and other community-based edu20 cational settings; 

21 ‘‘(2) projects that address the needs of children 

22 based on the severity or incidence of their disability; 

23 ‘‘(3) projects that address the needs of—

24 ‘‘(A) low-achieving students; 

25 ‘‘(B) underserved populations; 
233

•HR 1350 IH 

1 ‘‘(C) children from low-income families; 

2 ‘‘(D) children with limited English pro3 ficiency; 

4 ‘‘(E) unserved and underserved areas; 

5 ‘‘(F) rural or urban areas; 

6 ‘‘(G) children whose behavior interferes 

7 with their learning and socialization; 

8 ‘‘(H) children with intractable reading dif9 ficulties; and 

10 ‘‘(I) children in public charter schools; 

11 ‘‘(4) projects to reduce inappropriate identifica12 tion of children as children with disabilities, particu13 larly among minority children; and 

14 ‘‘(5) any activity that is expressly authorized in 

15 this subpart or subpart 3. 

16 ‘‘(e) APPLICANT AND RECIPIENT RESPONSIBIL17 ITIES.—

18 ‘‘(1) DEVELOPMENT AND ASSESSMENT OF

19 PROJECTS.—The Secretary shall require that an ap20 plicant for, and a recipient of, a grant, contract, or 

21 cooperative agreement for a project under this sub22 part—

23 ‘‘(A) involve individuals with disabilities, or 

24 parents of individuals with disabilities ages 
234

•HR 1350 IH 

1 birth through 21, in planning, implementing, 

2 and evaluating the project; and 

3 ‘‘(B) where appropriate, determine whether 

4 the project has any potential for replication and 

5 adoption by other entities. 

6 ‘‘(2) ADDITIONAL RESPONSIBILITIES.—The 

7 Secretary may require a recipient of a grant, con8 tract, or cooperative agreement for a project under 

9 this subpart—

10 ‘‘(A) to share in the cost of the project; 

11 ‘‘(B) to prepare the research and evalua12 tion findings and products from the project in 

13 formats that are useful for specific audiences, 

14 including parents, administrators, teachers, 

15 early intervention personnel, related services 

16 personnel, and individuals with disabilities; 

17 ‘‘(C) to disseminate such findings and 

18 products; and 

19 ‘‘(D) to collaborate with other such recipi20 ents in carrying out subparagraphs (B) and 

21 (C). 

22 ‘‘(f) APPLICATION MANAGEMENT.—

23 ‘‘(1) STANDING PANEL.—

24 ‘‘(A) IN GENERAL.—The Secretary shall 

25 establish and use a standing panel of experts 
235

•HR 1350 IH 

1 who are qualified, by virtue of their training, 

2 expertise, or experience, to evaluate applications 

3 under this subpart that, individually, request 

4 more than $75,000 per year in Federal finan5 cial assistance. 

6 ‘‘(B) MEMBERSHIP.—The standing panel 

7 shall include, at a minimum—

8 ‘‘(i) individuals who are representa9 tives of institutions of higher education 

10 that plan, develop, and carry out high 

11 quality programs of personnel preparation; 

12 ‘‘(ii) individuals who design and carry 

13 out scientifically-based research targeted to 

14 the improvement of special education pro15 grams and services; 

16 ‘‘(iii) individuals who have recognized 

17 experience and knowledge necessary to in18 tegrate and apply scientifically-based re19 search findings to improve educational and 

20 transitional results for children with dis21 abilities; 

22 ‘‘(iv) individuals who administer pro23 grams at the State or local level in which 

24 children with disabilities participate; 
236

•HR 1350 IH 

1 ‘‘(v) individuals who prepare parents 

2 of children with disabilities to participate 

3 in making decisions about the education of 

4 their children; 

5 ‘‘(vi) individuals who establish policies 

6 that affect the delivery of services to chil7 dren with disabilities; 

8 ‘‘(vii) individuals who are parents of 

9 children with disabilities ages birth 

10 through 21 who are benefiting, or have 

11 benefited, from coordinated research, per12 sonnel preparation, and technical assist13 ance; and 

14 ‘‘(viii) individuals with disabilities. 

15 ‘‘(C) TERM.—No individual shall serve on 

16 the standing panel for more than 3 consecutive 

17 years. 

18 ‘‘(2) PEER-REVIEW PANELS FOR PARTICULAR

19 COMPETITIONS.—

20 ‘‘(A) COMPOSITION.—The Secretary shall 

21 ensure that each sub-panel selected from the 

22 standing panel that reviews applications under 

23 this subpart includes—
237

•HR 1350 IH 

1 ‘‘(i) individuals with knowledge and 

2 expertise on the issues addressed by the 

3 activities authorized by the subpart; and 

4 ‘‘(ii) to the extent practicable, parents 

5 of children with disabilities ages birth 

6 through 21, individuals with disabilities, 

7 and persons from diverse backgrounds. 

8 ‘‘(B) FEDERAL EMPLOYMENT LIMITA9 TION.—A majority of the individuals on each 

10 sub-panel that reviews an application under this 

11 subpart shall be individuals who are not em12 ployees of the Federal Government. 

13 ‘‘(3) USE OF DISCRETIONARY FUNDS FOR AD14 MINISTRATIVE PURPOSES.—

15 ‘‘(A) EXPENSES AND FEES OF NON-FED16 ERAL PANEL MEMBERS.—The Secretary may 

17 use funds available under this subpart to pay 

18 the expenses and fees of the panel members 

19 who are not officers or employees of the Fed20 eral Government. 

21 ‘‘(B) ADMINISTRATIVE SUPPORT.—The 

22 Secretary may use not more than 1 percent of 

23 the funds appropriated to carry out this sub24 part to pay non-Federal entities for administra-
238

•HR 1350 IH 

1 tive support related to management of applica2 tions submitted under this subpart. 

3 ‘‘(g) PROGRAM EVALUATION.—The Secretary may 

4 use funds appropriated to carry out this subpart to evalu5 ate activities carried out under the subpart. 

6 ‘‘(h) MINIMUM FUNDING REQUIRED.—

7 ‘‘(1) IN GENERAL.—Subject to paragraph (2), 

8 the Secretary shall ensure that, for each fiscal year, 

9 at least the following amounts are provided under 

10 this subpart to address the following needs: 

11 ‘‘(A) $12,832,000 to address the edu12 cational, related services, transitional, and early 

13 intervention needs of children with deaf-blind14 ness. 

15 ‘‘(B) $4,000,000 to address the postsec16 ondary, vocational, technical, continuing, and 

17 adult education needs of individuals with deaf18 ness. 

19 ‘‘(C) $4,000,000 to address the edu20 cational, related services, and transitional needs 

21 of children with an emotional disturbance and 

22 those who are at risk of developing an emo23 tional disturbance. 

24 ‘‘(2) RATABLE REDUCTION.—If the total 

25 amount appropriated to carry out this subpart for 
239

•HR 1350 IH 

1 any fiscal year is less than $130,000,000, the 

2 amounts listed in paragraph (1) shall be ratably re3 duced. 

4 ‘‘(i) ELIGIBILITY FOR FINANCIAL ASSISTANCE.—Ef5 fective for fiscal years for which the Secretary may make 

6 grants under section 619(b), no State or local educational 

7 agency or educational service agency or other public insti8 tution or agency may receive a grant under this subpart 

9 which relates exclusively to programs, projects, and activi10 ties pertaining to children aged 3 through 5, inclusive, un11 less the State is eligible to receive a grant under section 

12 619(b).

13 ‘‘SEC. 663. RESEARCH TO IMPROVE RESULTS FOR CHIL14 DREN WITH DISABILITIES. 

15 ‘‘(a) IN GENERAL.—

16 ‘‘(1) COMPETITIVE GRANTS.—The Secretary 

17 shall make competitive grants to, or enter into con18 tracts or cooperative agreements with, eligible enti19 ties to expand the fundamental knowledge and un20 derstanding of the education of children with disabil21 ities in order to improve educational results for chil22 dren with disabilities, in accordance with the prior23 ities determined under this section. 

24 ‘‘(2) DELEGATION.—Notwithstanding any other 

25 provision of law, the Secretary shall delegate the 
240

•HR 1350 IH 

1 Secretary’s responsibilities under this section to the 

2 Director of the Institute for Education Sciences. 

3 ‘‘(b) AUTHORIZED ACTIVITIES.—Activities that may 

4 be carried out under this section include research activities 

5 to obtain knowledge and understanding in order—

6 ‘‘(1) to improve services provided under this 

7 Act in order to improve academic achievement for 

8 children with disabilities; 

9 ‘‘(2) to investigate scientifically based edu10 cational practices that support learning and improve 

11 academic achievement and progress for all students 

12 with disabilities; 

13 ‘‘(3) to examine the special needs of preschool14 aged children and infants and toddlers with disabil15 ities, including factors that may result in develop16 mental delays; 

17 ‘‘(4) to improve the alignment, compatibility, 

18 and development of valid and reliable assessment 

19 methods, including alternative assessment methods 

20 and evaluation methods for assessing adequate year21 ly progress, as described under section 

22 1111(b)(2)(B) of the Elementary and Secondary 

23 Education Act of 1965; 
241

•HR 1350 IH 

1 ‘‘(5) to examine the educational and develop2 mental needs of children with high-incidence and 

3 low-incidence disabilities; 

4 ‘‘(6) to examine the extent to which over-identi5 fication and under-identification of children with dis6 abilities occurs, and the causes thereof; 

7 ‘‘(7) to improve reading and literacy skills for 

8 children with disabilities; 

9 ‘‘(8) to examine and improve secondary and 

10 postsecondary education and transitional needs of 

11 children with disabilities; 

12 ‘‘(9) to examine methods of early intervention 

13 for children with disabilities who need significant 

14 levels of support; 

15 ‘‘(10) to examine universal design concepts in 

16 the development of assessments, curricula, and in17 structional methods as a method to improve results 

18 for children with disabilities; 

19 ‘‘(11) to improve the preparation for personnel 

20 who provide educational and related services to chil21 dren with disabilities to increase academic achieve22 ment of students with disabilities; and 

23 ‘‘(12) to examine the excess costs of educating 

24 a child with a disability and expenses associated with 

25 high-cost special education and related services. 
242

•HR 1350 IH 

1 ‘‘(c) QUALITY OF RESEARCH.—In carrying out these 

2 activities, Director of the Institute of Education Sciences, 

3 with the advice of the Assistant Secretary for Special Edu4 cation and Rehabilitative Services, shall conduct and sup5 port scientifically valid research activities, including basic 

6 and applied research, statistics activities, scientifically 

7 valid evaluation, development, and dissemination that—

8 ‘‘(1) conform to high standards of quality, in9 tegrity, accuracy, validity, and reliability; 

10 ‘‘(2) are carried out in conjunction with the 

11 standards for the conduct and evaluation of all re12 search and development established by the National 

13 Center for Education Research; and 

14 ‘‘(3) are objective, secular, neutral, nonideolog15 ical, and are free of partisan political influence, and 

16 racial, cultural, gender, regional, or disability bias. 

17 ‘‘(d) RESEARCH AGENDA.—

18 ‘‘(1) IN GENERAL.—In carrying out this sec19 tion, the Secretary shall develop a comprehensive re20 search agenda. 

21 ‘‘(2) REQUIREMENTS.—The Secretary shall en22 sure that the comprehensive research agenda—

23 ‘‘(A) is consistent with the purposes of this 

24 Act and includes activities authorized under 
243

•HR 1350 IH 

1 subsection (b) and, as appropriate, activities re2 quired under subsection (c); 

3 ‘‘(B) reflects an appropriate balance across 

4 all age ranges of children with disabilities; 

5 ‘‘(C) is objective and uses measurable indi6 cators to assess the progress and results of re7 search; 

8 ‘‘(D) includes both basic research and ap9 plied research, which shall include research con10 ducted through field-initiated studies and may 

11 include ongoing research initiatives; and 

12 ‘‘(E) ensures that the research conducted 

13 under this subpart is relevant to special edu14 cation practice and policy. 

15 ‘‘(3) PUBLIC COMMENT PERIOD.—The Sec16 retary shall provide a public comment period of at 

17 least 30 days on the research agenda. 

18 ‘‘(4) SUBMISSION OF FINAL AGENDA.—The 

19 Secretary shall submit a final comprehensive re20 search agenda to the House Committee on Edu21 cation and the Workforce and the Senate Committee 

22 on Health, Education, Labor, and Pensions no later 

23 than July 1, 2004. 

24 ‘‘(e) APPLICATIONS.—An eligible entity that wishes 

25 to receive a grant, or enter into a contract or cooperative 
244

•HR 1350 IH 

1 agreement, under this section shall submit an application 

2 to the Secretary at such time, in such manner, and con3 taining such information as the Secretary may require. 

4 ‘‘SEC. 664. TECHNICAL ASSISTANCE, DEMONSTRATION 

5 PROJECTS, DISSEMINATION OF INFORMA6 TION, AND IMPLEMENTATION OF SCIENTIF7 ICALLY BASED RESEARCH. 

8 ‘‘(a) IN GENERAL.—The Secretary shall make com9 petitive grants to, or enter into contracts or cooperative 

10 agreements with, eligible entities to provide technical as11 sistance, support model demonstration projects, dissemi12 nate useful information, and implement activities that are 

13 supported by scientifically based research. 

14 ‘‘(b) REQUIRED ACTIVITIES.—Funds received under 

15 this section shall be used to support activities to improve 

16 services provided under this Act, including the practices 

17 of professionals and others involved in providing such serv18 ices to children with disabilities, that promote academic 

19 achievement and improve results for children with disabil20 ities through—

21 ‘‘(1) implementing effective strategies for ad22 dressing inappropriate behavior of students with dis23 abilities in schools, including strategies to prevent 

24 children with emotional and behavioral problems 

25 from developing emotional disturbances that require 
245

•HR 1350 IH 

1 the provision of special education and related serv2 ices; 

3 ‘‘(2) improving the alignment, compatibility, 

4 and development of valid and reliable assessment 

5 methods, including alternative assessment methods 

6 and evaluation methods, for assessing adequate year7 ly progress, as described under section 

8 1111(b)(2)(B) of the Elementary and Secondary 

9 Education Act of 1965; and 

10 ‘‘(3) providing training for both regular edu11 cation teachers and special education teachers to ad12 dress the needs of students with different learning 

13 styles. 

14 ‘‘(c) AUTHORIZED ACTIVITIES.—Activities that may 

15 be carried out under this section include activities to im16 prove services provided under this Act, including the prac17 tices of professionals and others involved in providing such 

18 services to children with disabilities, that promote aca19 demic achievement and improve results for children with 

20 disabilities through—

21 ‘‘(1) identifying innovative, effective, and effi22 cient curricula designs, instructional approaches, 

23 and strategies, and identifying positive academic and 

24 social learning opportunities, that—
246

•HR 1350 IH 

1 ‘‘(A) provide effective transitions between 

2 educational settings or from school to post 

3 school settings; and 

4 ‘‘(B) improve educational and transitional 

5 results at all levels of the educational system in 

6 which the activities are carried out and, in par7 ticular, that improve the progress of children 

8 with disabilities, as measured by assessments 

9 within the general education curriculum in10 volved; 

11 ‘‘(2) applying and testing research findings in 

12 typical service settings to determine the usefulness, 

13 effectiveness, and general applicability of such re14 search findings in such areas as improving instruc15 tional methods, curricula, and tools, such as text16 books and media; 

17 ‘‘(3) demonstrating and applying scientifically18 based findings to facilitate systemic changes, related 

19 to the provision of services to children with disabil20 ities, in policy, procedure, practice, and the training 

21 and use of personnel; 

22 ‘‘(4) supporting and promoting the coordination 

23 of early intervention and educational services for 

24 children with disabilities with services provided by 

25 health, rehabilitation, and social service agencies; 
247

•HR 1350 IH 

1 ‘‘(5) promoting improved alignment and com2 patibility of general and special education reforms 

3 concerned with curricular and instructional reform, 

4 and evaluation of such reforms; 

5 ‘‘(6) enabling professionals, parents of children 

6 with disabilities, and other persons to learn about, 

7 and implement, the findings of scientifically-based 

8 research, and successful practices developed in model 

9 demonstration projects, relating to the provision of 

10 services to children with disabilities; 

11 ‘‘(7) conducting outreach, and disseminating in12 formation, relating to successful approaches to over13 coming systemic barriers to the effective and effi14 cient delivery of early intervention, educational, and 

15 transitional services to personnel who provide serv16 ices to children with disabilities; 

17 ‘‘(8) assisting States and local educational 

18 agencies with the process of planning systemic 

19 changes that will promote improved early interven20 tion, educational, and transitional results for chil21 dren with disabilities; 

22 ‘‘(9) promoting change through a multistate or 

23 regional framework that benefits States, local edu24 cational agencies, and other participants in partner-
248

•HR 1350 IH 

1 ships that are in the process of achieving systemic2 change outcomes; or 

3 ‘‘(10) focusing on the needs and issues that are 

4 specific to a population of children with disabilities, 

5 such as the provision of single-State and multi-State 

6 technical assistance and in-service training—

7 ‘‘(A) to schools and agencies serving deaf8 blind children and their families; 

9 ‘‘(B) to programs and agencies serving 

10 other groups of children with low-incidence dis11 abilities and their families; 

12 ‘‘(C) addressing the postsecondary edu13 cation needs of individuals who are deaf or 

14 hard-of-hearing; and 

15 ‘‘(D) to schools and personnel providing 

16 special education and related services for chil17 dren with autism spectrum disorders. 

18 ‘‘(d) BALANCE AMONG ACTIVITIES AND AGE

19 RANGES.—In carrying out this section, the Secretary shall 

20 ensure that there is an appropriate balance across all age 

21 ranges of children with disabilities. 

22 ‘‘(e) LINKING STATES TO INFORMATION SOURCES.—

23 In carrying out this section, the Secretary may support 

24 projects that link States to technical assistance resources, 

25 including special education and general education re-
249

•HR 1350 IH 

1 sources, and may make research and related products 

2 available through libraries, electronic networks, parent 

3 training projects, and other information sources. 

4 ‘‘(f) APPLICATIONS.—

5 ‘‘(1) IN GENERAL.—An eligible entity that 

6 wishes to receive a grant, or enter into a contract or 

7 cooperative agreement, under this section shall sub8 mit an application to the Secretary at such time, in 

9 such manner, and containing such information as 

10 the Secretary may require. 

11 ‘‘(2) STANDARDS.—To the maximum extent 

12 feasible, applicants must demonstrate that they will 

13 support projects based on scientifically based re14 search that has been carried out in accordance with 

15 the standards for the conduct and evaluation of all 

16 research and development established by the Na17 tional Center for Education Research. 

18 ‘‘(3) PRIORITY.—The Secretary shall give pri19 ority to applications that propose to serve teachers 

20 and school personnel directly in the school environ21 ment. 
250

•HR 1350 IH 

1 ‘‘SEC. 665. PERSONNEL DEVELOPMENT TO IMPROVE SERV2 ICES AND RESULTS FOR CHILDREN WITH DIS3 ABILITIES. 

4 ‘‘(a) IN GENERAL.—The Secretary shall, on a com5 petitive basis, make grants to, or enter into contracts or 

6 cooperative agreements with, eligible entities—

7 ‘‘(1) to help address State-identified needs for 

8 highly qualified personnel in special education, re9 lated services, early intervention, and regular edu10 cation, to work with children with disabilities; 

11 ‘‘(2) to ensure that those personnel have the 

12 necessary skills and knowledge, derived from prac13 tices that have been determined, through scientif14 ically-based research, to be successful in serving 

15 those children; 

16 ‘‘(3) to encourage increased focus on academics 

17 and core content areas in special education per18 sonnel preparation programs; 

19 ‘‘(4) to ensure that regular education teachers 

20 have the necessary skills and knowledge to provide 

21 instruction to students with disabilities in the reg22 ular education classroom; and 

23 ‘‘(5) to ensure that all special education teach24 ers teaching in core academic subjects are highly 

25 qualified. 
251

•HR 1350 IH 

1 ‘‘(b) PERSONNEL DEVELOPMENT; AUTHORIZED AC2 TIVITIES.—

3 ‘‘(1) IN GENERAL.—In carrying out this sec4 tion, the Secretary shall support activities, consistent 

5 with the objectives described in subsection (a). 

6 ‘‘(2) AUTHORIZED ACTIVITIES.—Activities that 

7 may be carried out under this subsection include the 

8 following: 

9 ‘‘(A) Promoting activities undertaken by 

10 institutions of higher education, local edu11 cational agencies, and other local entities—

12 ‘‘(i) to improve and reform their exist13 ing programs, and to support effective ex14 isting programs, to prepare teachers and 

15 related services personnel—

16 ‘‘(I) to meet the diverse needs of 

17 children with disabilities for early 

18 intervention, educational, and transi19 tional services; and 

20 ‘‘(II) to work collaboratively in 

21 regular classroom settings; and 

22 ‘‘(ii) to incorporate best practices and 

23 scientifically based research about pre24 paring personnel—
252

•HR 1350 IH 

1 ‘‘(I) so they will have the knowl2 edge and skills to improve educational 

3 results for children with disabilities; 

4 and 

5 ‘‘(II) to implement effective 

6 teaching strategies and interventions 

7 to prevent the mis-identification or 

8 over-identification of children as hav9 ing a disability, especially minority 

10 and limited English proficient chil11 dren. 

12 ‘‘(B) Developing, evaluating, and dissemi13 nating innovative models for the recruitment, 

14 induction, retention, and assessment of highly 

15 qualified teachers to reduce shortages in per16 sonnel. 

17 ‘‘(C) Developing and improving programs 

18 for paraprofessionals to receive training as spe19 cial education teachers, related services per20 sonnel, and early intervention personnel, includ21 ing interdisciplinary training to enable them to 

22 improve early intervention, educational, and 

23 transitional results for children with disabilities. 

24 ‘‘(D) Demonstrating models for the prepa25 ration of, and interdisciplinary training of, early 
253

•HR 1350 IH 

1 intervention, special education, and general edu2 cation personnel, to enable the personnel to ac3 quire the collaboration skills necessary to work 

4 within teams to improve results for children 

5 with disabilities, particularly within the general 

6 education curriculum. 

7 ‘‘(E) Promoting the transferability, across 

8 State and local jurisdictions, of licensure and 

9 certification of teachers and administrators 

10 working with such children. 

11 ‘‘(F) Developing and disseminating models 

12 that prepare teachers with strategies, including 

13 behavioral interventions, for addressing the con14 duct of children with disabilities that impedes 

15 their learning and that of others in the class16 room. 

17 ‘‘(G) Developing and improving programs 

18 to enhance the ability of general education 

19 teachers, principals, school administrators, and 

20 school board members to improve results for 

21 children with disabilities; 

22 ‘‘(H) Supporting institutions of higher 

23 education with minority enrollments of at least 

24 25 percent for the purpose of preparing per25 sonnel to work with children with disabilities. 
254

•HR 1350 IH 

1 ‘‘(I) Developing and improving programs 

2 to train special education teachers with an ex3 pertise in autism spectrum disorders. 

4 ‘‘(c) LOW-INCIDENCE DISABILITIES; AUTHORIZED

5 ACTIVITIES.—

6 ‘‘(1) IN GENERAL.—In carrying out this sec7 tion, the Secretary shall support activities, consistent 

8 with the objectives described in subsection (a), that 

9 benefit children with low-incidence disabilities. 

10 ‘‘(2) AUTHORIZED ACTIVITIES.—Activities that 

11 may be carried out under this subsection include ac12 tivities such as the following: 

13 ‘‘(A) Preparing persons who—

14 ‘‘(i) have prior training in educational 

15 and other related service fields; and 

16 ‘‘(ii) are studying to obtain degrees, 

17 certificates, or licensure that will enable 

18 them to assist children with low-incidence 

19 disabilities to achieve the objectives set out 

20 in their individualized education programs 

21 described in section 614(d), or to assist in22 fants and toddlers with low incidence dis23 abilities to achieve the outcomes described 

24 in their individualized family service plans 

25 described in section 636. 
255

•HR 1350 IH 

1 ‘‘(B) Providing personnel from various dis2 ciplines with interdisciplinary training that will 

3 contribute to improvement in early intervention, 

4 educational, and transitional results for children 

5 with low-incidence disabilities. 

6 ‘‘(C) Preparing personnel in the innovative 

7 uses and application of technology to enhance 

8 learning by children with low-incidence disabil9 ities through early intervention, educational, 

10 and transitional services. 

11 ‘‘(D) Preparing personnel who provide 

12 services to visually impaired or blind children to 

13 teach and use Braille in the provision of serv14 ices to such children. 

15 ‘‘(E) Preparing personnel to be qualified 

16 educational interpreters, to assist children with 

17 low-incidence disabilities, particularly deaf and 

18 hard-of-hearing children in school and school19 related activities and deaf and hard-of-hearing 

20 infants and toddlers and preschool children in 

21 early intervention and preschool programs. 

22 ‘‘(3) DEFINITION.—As used in this section, the 

23 term ‘low-incidence disability’ means—

24 ‘‘(A) a visual or hearing impairment, or si25 multaneous visual and hearing impairments; 
256

•HR 1350 IH 

1 ‘‘(B) a significant cognitive impairment; or 

2 ‘‘(C) any impairment for which a small 

3 number of personnel with highly specialized 

4 skills and knowledge are needed in order for 

5 children with that impairment to receive early 

6 intervention services or a free appropriate pub7 lic education. 

8 ‘‘(4) SELECTION OF RECIPIENTS.—In selecting 

9 recipients under this subsection, the Secretary may 

10 give preference to applications that propose to pre11 pare personnel in more than one low-incidence dis12 ability, such as deafness and blindness. 

13 ‘‘(5) PREPARATION IN USE OF BRAILLE.—The 

14 Secretary shall ensure that all recipients of assist15 ance under this subsection who will use that assist16 ance to prepare personnel to provide services to vis17 ually impaired or blind children that can appro18 priately be provided in Braille will prepare those in19 dividuals to provide those services in Braille. 

20 ‘‘(d) LEADERSHIP PREPARATION; AUTHORIZED AC21 TIVITIES.—

22 ‘‘(1) IN GENERAL.—In carrying out this sec23 tion, the Secretary shall support leadership prepara24 tion activities that are consistent with the objectives 

25 described in subsection (a). 
257

•HR 1350 IH 

1 ‘‘(2) AUTHORIZED ACTIVITIES.—Activities that 

2 may be carried out under this subsection include ac3 tivities such as the following: 

4 ‘‘(A) Preparing personnel at the graduate, 

5 doctoral, and postdoctoral levels of training to 

6 administer, enhance, or provide services to im7 prove results for children with disabilities. 

8 ‘‘(B) Providing interdisciplinary training 

9 for various types of leadership personnel, in10 cluding teacher preparation faculty, administra11 tors, researchers, supervisors, principals, and 

12 other persons whose work affects early interven13 tion, educational, and transitional services for 

14 children with disabilities. 

15 ‘‘(e) APPLICATIONS.—

16 ‘‘(1) IN GENERAL.—Any eligible entity that 

17 wishes to receive a grant, or enter into a contract or 

18 cooperative agreement, under this section shall sub19 mit an application to the Secretary at such time, in 

20 such manner, and containing such information as 

21 the Secretary may require. 

22 ‘‘(2) IDENTIFIED STATE NEEDS.—

23 ‘‘(A) REQUIREMENT TO ADDRESS IDENTI24 FIED NEEDS.—Any application under sub25 section (b), (c), or (d) shall include information 
258

•HR 1350 IH 

1 demonstrating to the satisfaction of the Sec2 retary that the activities described in the appli3 cation will address needs identified by the State 

4 or States the applicant proposes to serve. 

5 ‘‘(B) COOPERATION WITH STATE EDU6 CATIONAL AGENCIES.—Any applicant that is 

7 not a local educational agency or a State edu8 cational agency shall include information dem9 onstrating to the satisfaction of the Secretary 

10 that the applicant and one or more State edu11 cational agencies or local educational agencies 

12 will cooperate in carrying out and monitoring 

13 the project. 

14 ‘‘(3) ACCEPTANCE BY STATES OF PERSONNEL

15 PREPARATION REQUIREMENTS.—The Secretary may 

16 require applicants to provide assurances from one or 

17 more States that such States—

18 ‘‘(A) intend to accept successful completion 

19 of the proposed personnel preparation program 

20 as meeting State personnel standards for serv21 ing children with disabilities or serving infants 

22 and toddlers with disabilities; and 

23 ‘‘(B) need personnel in the area or areas 

24 in which the applicant proposes to provide prep25 aration, as identified in the States’ comprehen-
259

•HR 1350 IH 

1 sive systems of personnel development under 

2 parts B and C. 

3 ‘‘(f) SELECTION OF RECIPIENTS.—

4 ‘‘(1) Impact of project.—In selecting recipients 

5 under this section, the Secretary shall consider the 

6 impact of the project proposed in the application in 

7 meeting the need for personnel identified by the 

8 States. 

9 ‘‘(2) REQUIREMENT ON APPLICANTS TO MEET

10 STATE AND PROFESSIONAL STANDARDS.—The Sec11 retary shall make grants under this section only to 

12 eligible applicants that meet State and profes13 sionally-recognized standards for the preparation of 

14 special education and related services personnel, if 

15 the purpose of the project is to assist personnel in 

16 obtaining degrees. 

17 ‘‘(3) PREFERENCES.—In selecting recipients 

18 under this section, the Secretary may—

19 ‘‘(A) give preference to institutions of 

20 higher education that are educating regular 

21 education personnel to meet the needs of chil22 dren with disabilities in integrated settings and 

23 educating special education personnel to work 

24 in collaboration with regular educators in inte25 grated settings; and 
260

•HR 1350 IH 

1 ‘‘(B) give preference to institutions of 

2 higher education that are successfully recruiting 

3 and preparing individuals with disabilities and 

4 individuals from groups that are underrep5 resented in the profession for which they are 

6 preparing individuals. 

7 ‘‘(g) SERVICE OBLIGATION.—

8 ‘‘(1) IN GENERAL.—Each application for funds 

9 under subsections (b) and (c) shall include an assur10 ance that the applicant will ensure that individuals 

11 who receive a scholarship under the proposed project 

12 will subsequently provide special education and re13 lated services to children with disabilities for a pe14 riod of 2 years for every year for which assistance 

15 was received or repay all or part of the cost of that 

16 assistance, in accordance with regulations issued by 

17 the Secretary. 

18 ‘‘(2) LEADERSHIP PREPARATION.—Each appli19 cation for funds under subsection (d) shall include 

20 an assurance that the applicant will ensure that in21 dividuals who receive a scholarship under the pro22 posed project will subsequently perform work related 

23 to their preparation for a period of 2 years for every 

24 year for which assistance was received or repay all 
261

•HR 1350 IH 

1 or part of such costs, in accordance with regulations 

2 issued by the Secretary. 

3 ‘‘(h) SCHOLARSHIPS.—The Secretary may include 

4 funds for scholarships, with necessary stipends and allow5 ances, in awards under subsections (b), (c), and (d). 

6 ‘‘SEC. 666. STUDIES AND EVALUATIONS. 

7 ‘‘(a) IN GENERAL.—

8 ‘‘(1) PROGRESS ASSESSMENT.—The Secretary 

9 shall, in accordance with the priorities determined 

10 under this section and in section 663, directly or 

11 through competitive grants, contracts, or cooperative 

12 agreements, assess the progress in the implementa13 tion of this Act, including the effectiveness of State 

14 and local efforts to provide—

15 ‘‘(A) a free appropriate public education to chil16 dren with disabilities; and 

17 ‘‘(B) early intervention services to infants and 

18 toddlers with disabilities and infants and toddlers 

19 who would be at risk of having substantial develop20 mental delays if early intervention services were not 

21 provided to them. 

22 ‘‘(2) DELEGATION.—The Secretary shall des23 ignate the Director of the Institute for Education 

24 Sciences to carry out this section. 
262

•HR 1350 IH 

1 ‘‘(3) AUTHORIZED ACTIVITIES.—In carrying 

2 out this subsection, the Secretary may support ob3 jective studies, evaluations, and assessments, includ4 ing studies that—

5 ‘‘(A) analyze issues identified in the re6 search agenda in section 663(d); 

7 ‘‘(B) meets the standards in section 

8 663(c); and 

9 ‘‘(C) undertake one or more of the fol10 lowing: 

11 ‘‘(i) An analysis of the measurable im12 pact, outcomes, and results achieved by 

13 State educational agencies and local edu14 cational agencies through their activities to 

15 reform policies, procedures, and practices 

16 designed to improve educational and tran17 sitional services and results for children 

18 with disabilities. 

19 ‘‘(ii) An analysis of State and local 

20 needs for professional development, parent 

21 training, and other appropriate activities 

22 that can reduce the need for disciplinary 

23 actions involving children with disabilities. 

24 ‘‘(iii) An assessment of educational 

25 and transitional services and results for 
263

•HR 1350 IH 

1 children with disabilities from minority 

2 backgrounds, including—

3 ‘‘(I) data on—

4 ‘‘(aa) the number of minor5 ity children who are referred for 

6 special education evaluation; 

7 ‘‘(bb) the number of minor8 ity children who are receiving 

9 special education and related 

10 services and their educational or 

11 other service placement; 

12 ‘‘(cc) the number of minor13 ity children who graduated from 

14 secondary programs with a reg15 ular diploma in the standard 

16 number of years; and 

17 ‘‘(dd) the number of minor18 ity children who drop out of the 

19 educational system without a reg20 ular diploma; and 

21 ‘‘(II) the performance of children 

22 with disabilities from minority back23 grounds on State assessments and 

24 other performance indicators estab25 lished for all students. 
264

•HR 1350 IH 

1 ‘‘(iv) A measurement of educational 

2 and transitional services and results of 

3 children with disabilities served under this 

4 Act, including longitudinal studies that—

5 ‘‘(I) examine educational and 

6 transitional services and results for 

7 children with disabilities who are 3 

8 through 17 years of age and are re9 ceiving special education and related 

10 services under this Act, using a na11 tional, representative sample of dis12 tinct age cohorts and disability cat13 egories; and 

14 ‘‘(II) examine educational results, 

15 transition services, postsecondary 

16 placement, and employment status of 

17 individuals with disabilities, 18 

18 through 21 years of age, who are re19 ceiving or have received special edu20 cation and related services under this 

21 Act; and 

22 ‘‘(v) An identification and report on 

23 the placement of children with disabilities 

24 by disability category. 

25 ‘‘(b) NATIONAL ASSESSMENT.—
265

•HR 1350 IH 

1 ‘‘(1) IN GENERAL.—The Secretary shall carry 

2 out a national assessment of activities carried out 

3 with Federal funds under this Act in order—

4 ‘‘(A) to determine the effectiveness of this 

5 Act in achieving its purposes; 

6 ‘‘(B) to provide timely information to the 

7 President, the Congress, the States, local edu8 cational agencies, and the public on how to im9 plement the Act more effectively; and 

10 ‘‘(C) to provide the President and the Con11 gress with information that will be useful in de12 veloping legislation to achieve the purposes of 

13 this Act more effectively. 

14 ‘‘(2) PUBLIC COMMENT.— 

15 ‘‘(A) PLAN.—Not later than 12 months 

16 after the date of enactment of the Improving 

17 Education Results for Children With Disabil18 ities Act of 2003, the Secretary shall publish in 

19 the Federal Register for public comment a com20 prehensive plan for developing and conducting 

21 the national assessment. 

22 ‘‘(B) COMMENT PERIOD.—The Secretary 

23 shall provide a public comment period of at 

24 least 30 days on such plan. 
266

•HR 1350 IH 

1 ‘‘(3) SCOPE OF ASSESSMENT.—The national as2 sessment shall assess the—

3 ‘‘(A) implementation of programs assisted 

4 under this Act and the impact of such pro5 grams on addressing the developmental needs 

6 of, and improving the academic achievement of, 

7 children with disabilities to enable them to 

8 reach challenging developmental goals and chal9 lenging State academic content standards based 

10 on State academic assessments; 

11 ‘‘(B) types of programs and services that 

12 have demonstrated the greatest likelihood of 

13 helping students reach the challenging State 

14 academic content standards and developmental 

15 goals; 

16 ‘‘(C) implementation of the professional 

17 development activities assisted under this Act 

18 and the impact on instruction, student aca19 demic achievement, and teacher qualifications 

20 to enhance the ability of special education 

21 teachers and regular education teachers to im22 prove results for children with disabilities; 

23 ‘‘(D) effectiveness of schools, local edu24 cational agencies, States, other recipients of as-
267

•HR 1350 IH 

1 sistance under this Act, and the Secretary in 

2 achieving the purposes of this Act by—

3 ‘‘(i) improving the academic achieve4 ment of children with disabilities and their 

5 performance on regular State-wide assess6 ments as compared to nondisabled chil7 dren, and the performance of children with 

8 disabilities on alternate assessments; 

9 ‘‘(ii) improving the participation of 

10 children with disabilities in the general 

11 education curriculum; 

12 ‘‘(iii) improving the transitions of chil13 dren with disabilities at natural transition 

14 points—

15 ‘‘(iv) placing and serving children with 

16 disabilities, including minority children, in 

17 the least restrictive environment appro18 priate; 

19 ‘‘(v) preventing children with disabil20 ities, especially children with emotional dis21 turbances and specific learning disabilities, 

22 from dropping out of school; 

23 ‘‘(vi) addressing the reading and lit24 eracy needs of children with disabilities; 
268

•HR 1350 IH 

1 ‘‘(vii) reducing the over-identification 

2 of children, especially minority and limited 

3 English proficient children, as having a 

4 disability; 

5 ‘‘(viii) improving the participation of 

6 parents of children with disabilities in the 

7 education of their children; and 

8 ‘‘(ix) resolving disagreements between 

9 education personnel and parents through 

10 alternate dispute resolution activities in11 cluding mediation and voluntary binding 

12 arbitration. 

13 ‘‘(4) INTERIM AND FINAL REPORTS.—The Sec14 retary shall submit to the President and the Con15 gress—

16 ‘‘(A) an interim report that summarizes 

17 the preliminary findings of the assessment not 

18 later than 30 months after the date of the en19 actment of the Improving Education Results for 

20 Children With Disabilities Act of 2003; and 

21 ‘‘(B) a final report of the findings of the 

22 assessment not later than 5 years after the date 

23 of the enactment of such Act. 

24 ‘‘(c) ANNUAL REPORT.—The Secretary shall provide 

25 an annual report to the Congress that—
269

•HR 1350 IH 

1 ‘‘(1) summarizes the research conducted under 

2 section 663; 

3 ‘‘(2) analyzes and summarizes the data re4 ported by the States and the Secretary of the Inte5 rior under section 618; 

6 ‘‘(3) summarizes the studies and evaluations 

7 conducted under this section and the timeline for 

8 their completion; 

9 ‘‘(4) describes the extent and progress of the 

10 national assessment; and 

11 ‘‘(5) the findings and determinations resulting 

12 from reviews of State implementation of this Act. 

13 ‘‘SEC. 667. AUTHORIZATION OF APPROPRIATIONS. 

14 ‘‘There are authorized to be appropriated to carry out 

15 this subpart such sums as may be necessary for each of 

16 the fiscal years 2003 through 2009. 

17 ‘‘Subpart 3—Supports to Improve Results for 

18 Children With Disabilities 

19 ‘‘SEC. 671. PURPOSES. 

20 ‘‘The purposes of this subpart are to ensure that—

21 ‘‘(1) children with disabilities and their parents 

22 receive training and information on their rights, re23 sponsibilities, and protections under this Act, in 

24 order to develop the skills necessary to cooperatively 

25 and effectively participate in planning and decision 
270

•HR 1350 IH 

1 making relating to early intervention, educational, 

2 and transitional services; 

3 ‘‘(2) parents, teachers, administrators, early 

4 intervention personnel, related services personnel, 

5 and transition personnel receive coordinated and ac6 cessible technical assistance and information to as7 sist them in improving early intervention, edu8 cational, and transitional services and results for 

9 children with disabilities and their families; and 

10 ‘‘(3) appropriate technology and media are re11 searched, developed, and demonstrated, to improve 

12 and implement early intervention, educational, and 

13 transitional services and results for children with 

14 disabilities and their families. 

15 ‘‘SEC. 672. PARENT AND COMMUNITY TRAINING AND INFOR16 MATION CENTERS. 

17 ‘‘(a) PROGRAM AUTHORIZED.—The Secretary may 

18 make grants to, and enter into contracts and cooperative 

19 agreements with, parent and community organizations to 

20 support parent and community training and information 

21 centers to carry out activities under this section. 

22 ‘‘(b) REQUIRED ACTIVITIES.—Each parent and com23 munity training and information center that receives as24 sistance under this section shall—
271

•HR 1350 IH 

1 ‘‘(1) provide training and information that 

2 meets the needs of parents of children with disabil3 ities living in the area served by the center, includ4 ing underserved parents and parents of children who 

5 may be inappropriately identified, to enable children 

6 with disabilities—

7 ‘‘(A) to meet developmental and chal8 lenging academic achievement goals that have 

9 been established for all children; and 

10 ‘‘(B) to be prepared to lead productive 

11 independent adult lives to the maximum extent 

12 possible. 

13 ‘‘(2) ensure that the training and information 

14 provided meets the needs of low-income parents and 

15 parents of children with limited English proficiency; 

16 ‘‘(3) serve the parents of infants, toddlers, and 

17 children with the full range of disabilities; 

18 ‘‘(4) assist parents—

19 ‘‘(A) to better understand the nature of 

20 their children’s disabilities and their edu21 cational, developmental, and transitional needs; 

22 ‘‘(B) to communicate effectively and work 

23 collaboratively with personnel responsible for 

24 providing special education, early intervention, 

25 transition services, and related services; 
272

•HR 1350 IH 

1 ‘‘(C) to participate in decisionmaking proc2 esses and the development of individualized 

3 education programs under part B and individ4 ualized family service plans under part C; 

5 ‘‘(D) to obtain appropriate information 

6 about the range, type and quality of options, 

7 programs, services, and resources available to 

8 assist children with disabilities and their fami9 lies in school and at home; 

10 ‘‘(E) to understand the provisions of this 

11 Act for the education of, and the provision of 

12 early intervention services to, children with dis13 abilities; and 

14 ‘‘(F) to participate in activities at the 

15 school level which benefit their children; 

16 ‘‘(5) assist parents in resolving disputes in the 

17 most expeditious way possible, including encouraging 

18 the use, and explaining the benefits, of alternative 

19 methods of dispute resolution, such as the use of in20 dividualized education program facilitators and me21 diation and voluntary binding arbitration processes 

22 described in section 615(e); 

23 ‘‘(6) assist parents to understand the avail24 ability of, and how to effectively use, procedural 

25 safeguards under this Act; 
273

•HR 1350 IH 

1 ‘‘(7) network with appropriate clearinghouses, 

2 including organizations conducting national dissemi3 nation activities under subpart 2, and with other na4 tional, State, and local organizations and agencies, 

5 such as protection and advocacy agencies, that serve 

6 parents and families of children with the full range 

7 of disabilities; and 

8 ‘‘(8) annually report to the Secretary on—

9 ‘‘(A) the number and demographics of par10 ents to whom it provided information and train11 ing in the most recently concluded fiscal year; 

12 ‘‘(B) the effectiveness of strategies used to 

13 reach and serve parents, including underserved 

14 parents of children with disabilities; and 

15 ‘‘(C) the number of parents served who 

16 have resolved disputes through alternative 

17 methods of dispute resolution. 

18 ‘‘(c) OPTIONAL ACTIVITIES.—A parent training and 

19 community and information center that receives assistance 

20 under this section may—

21 ‘‘(1) provide information to teachers and other 

22 professionals to assist them in improving results for 

23 children with disabilities; and 
274

•HR 1350 IH 

1 ‘‘(2) assist students with disabilities to under2 stand their rights and responsibilities under section 

3 615(l) on reaching the age of majority. 

4 ‘‘(d) APPLICATION REQUIREMENTS.—Each applica5 tion for assistance under this section shall identify with 

6 specificity the special efforts that the applicant will under7 take—

8 ‘‘(1) to ensure that the needs for training and 

9 information of underserved parents of children with 

10 disabilities in the area to be served are effectively 

11 met; and 

12 ‘‘(2) to work with community-based organiza13 tions, including those that work with low-income 

14 parents and parents of children with limited English 

15 proficiency. 

16 ‘‘(e) DISTRIBUTION OF FUNDS.—

17 ‘‘(1) IN GENERAL.—The Secretary shall make 

18 at least 1 award to a parent organization in each 

19 State, unless the Secretary does not receive an appli20 cation from such an organization in each State of 

21 sufficient quality to warrant approval. 

22 ‘‘(2) SELECTION REQUIREMENT.—The Sec23 retary shall select among applications submitted by 

24 parent organizations in a State in a manner that en25 sures the most effective assistance to parents, in-
275

•HR 1350 IH 

1 cluding parents in urban and rural areas, in the 

2 State. 

3 ‘‘(f) QUARTERLY REVIEW.—

4 ‘‘(1) REQUIREMENTS.—

5 ‘‘(A) MEETINGS.—The board of directors 

6 or special governing committee of each organi7 zation that receives an award under this section 

8 shall meet at least once in each calendar quar9 ter to review the activities for which the award 

10 was made. 

11 ‘‘(B) ADVISING BOARD.—Each special gov12 erning committee shall directly advise the orga13 nization’s governing board of its views and rec14 ommendations. 

15 ‘‘(2) CONTINUATION AWARD.—When an organi16 zation requests a continuation award under this sec17 tion, the board of directors or special governing com18 mittee shall submit to the Secretary a written review 

19 of the parent training and information program con20 ducted by the organization during the preceding fis21 cal year. 

22 ‘‘(g) DEFINITION OF PARENT ORGANIZATION.—As 

23 used in this section, the term ‘parent organization’ means 

24 a private nonprofit organization (other than an institution 

25 of higher education) that—
276

•HR 1350 IH 

1 ‘‘(1) has a board of directors—

2 ‘‘(A) the majority of whom are parents of 

3 children with disabilities ages birth through 21; 

4 ‘‘(B) that includes—

5 ‘‘(i) individuals working in the fields 

6 of special education, related services, and 

7 early intervention; and 

8 ‘‘(ii) individuals with disabilities; and 

9 ‘‘(C) the parent and professional members 

10 of which are broadly representative of the popu11 lation to be served, including low-income and 

12 limited English proficient parents of children 

13 with disabilities; or; 

14 ‘‘(2) has—

15 ‘‘(A) a membership that represents the in16 terests of individuals with disabilities and has 

17 established a special governing committee that 

18 meets the requirements of paragraph (1); and 

19 ‘‘(B) a memorandum of understanding be20 tween the special governing committee and the 

21 board of directors of the organization that 

22 clearly outlines the relationship between the 

23 board and the committee and the decision24 making responsibilities and authority of each. 

25 ‘‘(h) EXCEPTIONS.—
277

•HR 1350 IH 

1 ‘‘(1) FEDERAL RELATIONS.—Any organization 

2 or affiliated entity that conducts, in whole or in 

3 part, Federal relations, is ineligible to serve as a 

4 parent and community training and information cen5 ter and ineligible to be considered a parent organiza6 tion under subsection (g). 

7 ‘‘(2) PROHIBITION ON CENTER BOARD MEM8 BERS AND STAFF.—No member of the board of di9 rectors, or paid staff, of a parent and community 

10 training and information center may serve on the 

11 board of directors, or as paid staff, of any organiza12 tion (whether profit or non-profit) that conducts 

13 Federal relations in whole or in part. 

14 ‘‘(i) LOBBYING ORGANIZATIONS INELIGIBLE.—

15 ‘‘(1) IN GENERAL.—No organization is eligible 

16 for an award under this section if it, or an affiliated 

17 organization, engages in lobbying with the Federal 

18 Government with respect to this Act. 

19 ‘‘(2) PROHIBITION ON CERTAIN BOARD MEM20 BERS AND STAFF.—An organization that receives a 

21 grant under this section may not have, on its board 

22 of directors or in any paid position on its staff, an 

23 individual who serves on the board of directors as a 

24 paid staff member of any organization that engages 
278

•HR 1350 IH 

1 in lobbying activities with the Federal Government 

2 with respect to this Act. 

3 ‘‘(3) DEFINITIONS.—As used in this sub4 section—

5 ‘‘(A) the term ‘lobbying activities’ has the 

6 meaning given such term in section 2(7) of the 

7 Lobbying Disclosure Act of 1995 (2 U.S.C. 

8 1602(7)); and 

9 ‘‘(B) the term ‘affiliated organization’ has 

10 the meaning given such term in section 

11 4911(f)(2) of the Internal Revenue Code of 

12 1986 (26 U.S.C. 4911(f)(2)). 

13 ‘‘SEC. 673. TECHNICAL ASSISTANCE FOR PARENT AND COM14 MUNITY TRAINING AND INFORMATION CEN15 TERS. 

16 ‘‘(a) IN GENERAL.—The Secretary may, directly or 

17 through awards to eligible entities (as defined in section 

18 662(b)), provide technical assistance for developing, as19 sisting, and coordinating parent and community training 

20 and information programs carried out by parent and com21 munity training and information centers receiving assist22 ance under sections 672. 

23 ‘‘(b) AUTHORIZED ACTIVITIES.—The Secretary may 

24 provide technical assistance to a parent and community 
279

•HR 1350 IH 

1 training and information center under this section in areas 

2 such as—

3 ‘‘(1) effective coordination of parent training ef4 forts; 

5 ‘‘(2) dissemination of scientifically based re6 search and information; 

7 ‘‘(3) promotion of the use of technology, includ8 ing assistive technology devices and assistive tech9 nology services; 

10 ‘‘(4) reaching underserved populations, includ11 ing parents of low income and limited English pro12 ficient children with disabilities; 

13 ‘‘(5) including children with disabilities in gen14 eral education programs; 

15 ‘‘(6) facilitation of transitions from—

16 ‘‘(A) early intervention services to pre17 school; 

18 ‘‘(B) preschool to elementary school; 

19 ‘‘(C) elementary school to secondary 

20 school; and 

21 ‘‘(D) secondary school to postsecondary en22 vironments; and 

23 ‘‘(7) promotion of alternative methods of dis24 pute resolution, including mediation and voluntary 

25 binding arbitration. 
280

•HR 1350 IH 

1 ‘‘SEC. 674. TECHNOLOGY DEVELOPMENT, DEMONSTRATION, 

2 AND UTILIZATION; AND MEDIA SERVICES. 

3 ‘‘(a) IN GENERAL.—The Secretary shall competi4 tively make grants to, and enter into contracts and cooper5 ative agreements with, eligible entities (as defined in sec6 tion 662(b)) to support activities described in subsections 

7 (b) and (c). 

8 ‘‘(b) TECHNOLOGY DEVELOPMENT, DEMONSTRA9 TION, AND UTILIZATION.—

10 ‘‘(1) IN GENERAL.—In carrying out this sec11 tion, the Secretary shall support activities to pro12 mote the development, demonstration, and utiliza13 tion of technology. 

14 ‘‘(2) AUTHORIZED ACTIVITIES.—The following 

15 activities may be carried out under this subsection: 

16 ‘‘(A) Conducting research on, and pro17 moting the demonstration and use of—

18 ‘‘(i) innovative and emerging tech19 nologies for children with disabilities; and 

20 ‘‘(ii) improved transfer of technology 

21 from research and development to practice. 

22 ‘‘(B) Supporting research, development, 

23 and dissemination of technology with universal24 design features, so that the technology is acces25 sible to individuals with disabilities without fur26 ther modification or adaptation. 
281

•HR 1350 IH 

1 ‘‘(C) Demonstrating the use of systems to 

2 provide parents and teachers with information 

3 and training concerning early diagnosis of, 

4 intervention for, and effective teaching strate5 gies for, young children with reading disabil6 ities. 

7 ‘‘(c) EDUCATIONAL MEDIA SERVICES; OPTIONAL AC8 TIVITIES.—In carrying out this section, the Secretary may 

9 support—

10 ‘‘(1) educational media activities that are de11 signed to be of educational value in the classroom 

12 setting to children with disabilities; 

13 ‘‘(2) providing video description, open cap14 tioning, or closed captioning of television programs, 

15 videos, or other materials with an education-based 

16 content for use in the classroom setting when such 

17 services are not provided by the producer or dis18 tributor of such information; 

19 ‘‘(3) distributing materials described in para20 graphs (1) and (2) through such mechanisms as a 

21 loan service; and 

22 ‘‘(4) providing free educational materials, in23 cluding textbooks, in accessible media for visually 

24 impaired and print-disabled students in elementary 

25 and secondary schools. 
282

•HR 1350 IH 

1 ‘‘(b) APPLICATIONS.—Any eligible entity (as defined 

2 in section 662(b)) that wishes to receive a grant, or enter 

3 into a contract or cooperative agreement, under this sec4 tion shall submit an application to the Secretary at such 

5 time, in such manner, and containing such information as 

6 the Secretary may require. 

7 ‘‘(c) AUTHORIZATION OF APPROPRIATIONS.—There 

8 are authorized to be appropriated to carry out this section 

9 such sums as may be necessary for each of the fiscal years 

10 2003 through 2009.’’.

Æ