```

[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4928 Introduced in House (IH)]

103d CONGRESS
  2d Session
                                H. R. 4928

To amend the Individuals with Disabilities Education Act to improve the 
individualized education program, to increase parental participation in 
    the development of and improving information about the special 
   education program, to provide for the establishment of mediation 
 procedures relating to services provided to children under that Act, 
                        and for other purposes.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                            August 10, 1994

 Mr. Ballenger (for himself, Mr. Goodling, Mr. Fawell, and Mr. Barrett 
 of Nebraska) introduced the following bill; which was referred to the 
                    Committee on Education and Labor

_______________________________________________________________________

                                 A BILL

 
To amend the Individuals with Disabilities Education Act to improve the 
individualized education program, to increase parental participation in 
    the development of and improving information about the special 
   education program, to provide for the establishment of mediation 
 procedures relating to services provided to children under that Act, 
                        and for other purposes.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``IDEA Improvement Act of 1994''.

SEC. 2. AMENDMENTS TO INDIVIDUALIZED EDUCATION PROGRAM TO INCREASE 
              ACHIEVEMENT OF ANNUAL GOALS UNDER THE PROGRAM.

    (a) Amendments to Definition of Individualized Education Program.--
Section 602(a)(20) of the Individuals with Disabilities Education Act 
(20 U.S.C. 1401(a)(20)) is amended--
            (1) in subparagraph (A), by inserting before the comma at 
        the end the following: ``, or, where appropriate, a statement 
        of the present levels of educational performance of such child 
        in the general educational program established for nondisabled 
        children'';
            (2) in subparagraph (B), by inserting before the comma at 
        the end the following: ``, and, where appropriate, a statement 
        of the annual goals designed to help the child succeed in the 
        general educational program established for nondisabled 
        children'';
            (3) in subparagraph (E), by striking the ``and'' at the 
        end;
            (4) in subparagraph (F)--
                    (A) by striking ``instructional objectives'' and 
                inserting ``the annual goals described in subparagraph 
                (B)''; and
                    (B) by striking the period at the end and inserting 
                a comma; and
            (5) by adding at the end the following new subparagraph:
                    ``(G) a description of how the services designated 
                under the previous individualized education program of 
                the child have been modified if, according to the 
                criteria and procedures designated in subparagraph (F), 
                the previous annual goals described in subparagraph (B) 
                were not substantially achieved.''.
    (b) Revision of Individualized Education Program for Failure to 
Substantially Achieve Annual Goals.--Section 614(a)(5) of such Act (20 
U.S.C. 1414(a)(5)) is amended by adding at the end before the semicolon 
the following: ``, except that the local educational agency or 
intermediate educational unit shall, with respect to each child with a 
disability who has failed to substantially achieve the annual goals of 
the individualized education program for the prior school year, revise 
the provisions of such program for such child accordingly at the 
beginning of the next school year''.

SEC. 3. INCREASING PARENTAL PARTICIPATION IN THE DEVELOPMENT OF AND 
              IMPROVING INFORMATION ABOUT THE SPECIAL EDUCATION 
              PROGRAM.

    (a) Increasing Participation by Parents.--Section 615(b)(1)(A) of 
the Individuals with Disabilities Education Act (20 U.S.C. 
1415(b)(1)(A)) is amended by inserting ``and to participate in 
meetings'' after ``to examine all relevant records''.
    (b) Improving Communication With Parents.--Section 615(b)(1)(C) of 
such Act (20 U.S.C. 1415(b)(1)(C)) is amended by inserting ``, with 
clearly written explanations of relevant terminology,'' after ``written 
prior notice''.
    (c) Publication of Procedural Safeguards Under Act.--Section 617 of 
such Act (20 U.S.C. 1417) is amended by adding at the end the following 
new subsection:
    ``(e) In carrying out the Secretary's duties under this part, the 
Secretary shall--
            ``(1) not later than 6 months after the date of the 
        enactment of this subsection, produce a publication that--
                    ``(A) clearly describes the procedural safeguards 
                available to children with disabilities and the parents 
                or guardians of such children under this part;
                    ``(B) includes the steps such children and parents 
                or guardians should take to avail themselves of such 
                safeguards; and
                    ``(C) includes a description of the procedures 
                relating to eligibility, initial evaluation, 
                development of the individualized education program or 
                the individualized family services program, and 
                educational placement, and the responsibilities of 
                States and local educational agencies in carrying out 
                the requirements of the Act; and
            (2) make such publication available in various forms, 
        including electronic form, to appropriate Federal and State 
        agencies and the general public.''.

SEC. 4. ESTABLISHMENT OF MEDIATION PROCEDURES UNDER THE SPECIAL 
              EDUCATION PROGRAM AND THE EARLY INTERVENTION SERVICES 
              PROGRAM FOR INFANTS AND TODDLERS WITH DISABILITIES.

    (a) Mediation Under Part B.--
            (1) State plan requirement.--Section 613(a) of the 
        Individuals with Disabilities Education Act (20 U.S.C. 1413(a)) 
        is amended--
                    (A) in paragraph (14), by striking at the end ``; 
                and'' and inserting a semicolon;
                    (B) in paragraph (15), by striking the period at 
                the end and inserting ``; and''; and
                    (C) by adding at the end the following new 
                paragraph:
            ``(16) provide for procedures that will allow parties to 
        disputes involving the provision of free appropriate public 
        education to children with disabilities by any State 
        educational agency, local educational agency, or intermediate 
        educational unit which receives assistance under this part to 
        resolve such disputes through mediation in accordance with 
        section 615(f).''.
            (2) Procedural safeguard requirement.--Section 615 of such 
        Act (20 U.S.C. 1415) is amended--
                    (A) in subsection (a), by striking ``subsection 
                (e)'' and inserting ``subsection (f);
                    (B) by redesignating subsection (f) as subsection 
                (g); and
                    (C) by inserting after subsection (e) the following 
                new subsection:
    ``(f)(1) The procedures required by this subsection shall allow 
parties to disputes involving the provision of free appropriate public 
education to children with disabilities by any State educational 
agency, local educational agency, or intermediate educational unit 
which receives assistance under this part to resolve such disputes 
through mediation.
    ``(2) Such procedures shall meet the following requirements:
            ``(A) The procedures shall ensure that the mediation 
        process--
                    ``(i) is voluntary and may be waived by any party 
                to the dispute at any time during such process; and
                    ``(ii) is not used to deny or delay access by a 
                parent or guardian to due process hearings under this 
                section.
            ``(B) The State shall maintain a list of individuals 
        experienced in mediation and knowledgeable in laws and 
        regulations relating to the provision of special education and 
        related services.
            ``(C) The State shall bear the cost of the mediator in the 
        mediation process.
            ``(D) Each session in the mediation process shall be 
        scheduled in a timely manner and shall be held in a location 
        that is convenient to the parties to the dispute.
            ``(E) An agreement reached by the parties to the dispute in 
        the mediation process shall be set forth in a written mediation 
        agreement.
            ``(F) Discussions that occur during the mediation process 
        shall be confidential and may not be used as evidence in any 
        subsequent due process hearings, and the parties to the 
        mediation process may be required to sign a confidentiality 
        pledge prior to the commencement of such process.''.
    (b) Regional Resource Center Requirement.--Section 621(a) of such 
Act (20 U.S.C. 1421(a)) is amended--
            (1) in paragraph (4), by striking at the end ``, and'' and 
        inserting a comma;
            (2) in paragraph (5), by striking the period at the end and 
        inserting ``, and''; and
            (3) by adding at the end the following new paragraph:
            ``(6) provide information to and training for agencies, 
        institutions, organizations, and parents relating to techniques 
        and approaches for informal dispute resolution, including 
        mediation.''.
    (c) Parent Training and Information Programs.--Section 631(e)(5) of 
such Act (20 U.S.C. 1431(e)(5)) is amended--
            (1) in subparagraph (E), by striking at the end ``, and'' 
        and inserting a comma;
            (2) in subparagraph (F), by striking the period at the end 
        and inserting ``, and''; and
            (3) by adding at the end the following new subparagraph:
            ``(G) understand the use of mediation as a means of 
        resolving disputes relating to the provision of special 
        education and related services.''.
    (d) Mediation Under Part H.--
            (1) State application requirement.--Section 678(a) of such 
        Act (20 U.S.C. 1478(a)) is amended--
                    (A) in paragraph (8), by striking at the end ``, 
                and'' and inserting a comma;
                    (B) by redesignating paragraph (9) as paragraph 
                (10); and
                    (C) by inserting after paragraph (8) the following 
                new paragraph:
            ``(9) a description of the procedures that will allow 
        parties to disputes involving the provision of early 
        intervention services for infants and toddlers with 
        disabilities under this part to resolve such disputes through 
        mediation in accordance with the procedural safeguards 
        contained in section 615(f).''.
            (2) Procedural safeguard requirement.--Section 680 of such 
        Act (20 U.S.C. 1480) is amended by adding at the end the 
        following new paragraph:
            ``(9) Procedures that will allow parties to disputes 
        involving the provision of early intervention services for 
        infants and toddlers with disabilities under this part to 
        resolve such disputes through mediation in accordance with the 
        procedural safeguards contained in section 615(f).''.

SEC. 5. COORDINATION OF SERVICES UNDER THE SPECIAL EDUCATION PROGRAM.

    (a) Interagency Agreements.--
            (1) In general.--Section 612 of the Individuals with 
        Disabilities Education Act (20 U.S.C. 1412) is amended by 
        adding at the end the following:
            ``(8) The State education agency and other appropriate 
        State and local agencies have entered into interagency 
        agreements in accordance with section 613(a)(13).''.
            (2) Effective date.--The amendment made by paragraph (1) 
        shall take effect on October 1, 1996.
    (b) Coordination With Even Start, Head Start, and Related 
Programs.--
            (1) In general.--Section 614(a)(1) of such Act (20 U.S.C. 
        1414(a)(1)) is amended--
                    (A) in subparagraph (D), by striking ``; and'' and 
                inserting a semicolon;
                    (B) in subparagraph (E), by striking the semicolon 
                and inserting ``; and''; and
                    (C) by adding at the end the following new 
                subparagraph:
                    ``(F) provide for coordination of such programs, 
                where appropriate to strengthen the ability of parents 
                or guardians of children with disabilities to address 
                the needs related to such disabilities, with the Even 
                Start program authorized under part B of chapter 1 of 
                title I of the Elementary and Secondary Education Act 
                of 1965 (20 U.S.C. 2741 et seq.), the Head Start 
                program authorized under the Head Start Act (42 U.S.C. 
                9831 et seq.), and other programs that provide family 
                literacy services or other services in which parents or 
                guardians of children with disabilities are eligible to 
                participate;''.
            (2) Definition of family literacy services.--Section 602(a) 
        of such Act (20 U.S.C. 1401(a)) is amended by adding at the end 
        the following new paragraph:
            ``(28) The term `family literacy services' has the meaning 
        given such term in section 637(4) of the Head Start Act (42 
        U.S.C. 9832(4)).''.

SEC. 6. REQUIREMENT OF GOOD FAITH ATTEMPT TO RESOLVE CONTROVERSIES FOR 
              REIMBURSEMENT OF ATTORNEY'S FEES.

    Section 615(e)(4)(F) of the Individuals with Disabilities Education 
Act (20 U.S.C. 1415(e)(4)(F)) is amended--
            (1) in clause (ii), by striking ``; or'' and inserting a 
        semicolon;
            (2) in clause (iii), by striking the period at the end and 
        inserting ``; or''; and
            (3) by adding at the end the following:
            ``(iv) the parent or guardian did not exercise good faith 
        in attempting to resolve the controversy prior to filing a 
        complaint and requesting an impartial due process hearing under 
        this section.''.
                                 <all>
```