I

104TH CONGRESS

1ST SESSION H. R. 1986

To reauthorize and improve the Individuals with Disabilities Education Act.

IN THE HOUSE OF REPRESENTATIVES

JUNE 30, 1995

Mr. KILDEE (for himself, Mr. CLAY, Mr. OWENS, Mr. MILLER of California,

Mr. SAWYER, Ms. WOOLSEY, Mr. WILLIAMS, and Mr. MARTINEZ) introduced the following bill; which was referred to the Committee on Economic and Educational Opportunities

A BILL

To reauthorize and improve the Individuals with Disabilities

Education Act.

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

3 That this Act may be cited as the ‘‘Individuals with Dis4 abilities Education Act Amendments of 1995’’.

5 ORGANIZATION OF THE ACT

6 SEC. 2. This Act is organized into the following titles:

7 Title I—Amendments to part A of the IDEA.

8 Title II—Amendments to part B of the IDEA.

9 Title III—Discretionary programs.

10 Title IV—Amendments to part H of the IDEA.
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1 EFFECTIVE DATES; TRANSITION

2 SEC. 3. (a) EFFECTIVE DATES.—(1) Except as pro3 vided otherwise in this Act—

4 (A) the amendments made by titles I, II, and

5 IV of this Act to parts A, B, and H of the Individ6 uals with Disabilities Education Act (20 U.S.C.

7 1400 et seq.; hereafter in this Act referred to as the

8 ‘‘IDEA’’) shall take effect on July 1, 1996;

9 (B) the amendments to parts C through G of

10 the IDEA made by section 301 shall take effect on

11 enactment; and

12 (C) the amendments to parts C through G of

13 the IDEA made by section 302 shall take effect on

14 October 1, 1996.

15 (2) Notwithstanding paragraph (1) or any other pro16 vision of this Act, each State receiving assistance under

17 parts B or H of the IDEA shall comply with each of the

18 following provisions of the IDEA, as amended by this Act,

19 a soon as possible after July 1, 1996, but by no later than

20 the following dates:

21 (A) By July 1, 1997, each of the following:

22 (i) Section 602(11), relating to the con23 tents of individualized education programs

24 (IEPs). In the interim, the State (and local

25 educational agencies and affected State agen-
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1 cies in the State) shall comply with the provi2 sions of the IDEA relating to the contents of

3 IEPs as in effect before the enactment of this

4 Act.

5 (ii) Section 612(a)(16), relating to State

6 performance goals and indicators.

7 (iii) Sections 615(b)(5). 615(d), and

8 680(a)(8), relating to mediation.

9 (B) By July 1, 1998: section 614(d)(2)(C), re10 lating to the participation of regular education

11 teachers in IEP teams.

12 (b) TRANSITION.—Notwithstanding any other provi13 sion of law, the Secretary may use funds appropriated for

14 parts C through G of the IDEA beginning with fiscal year

15 1997 to make continuation awards for projects that were

16 initially funded under those parts as in effect prior to that

17 fiscal year.

18 TITLE I—AMENDMENTS TO PART A OF THE

19 IDEA

20 SHORT TITLE; STATEMENT OF FINDINGS AND PURPOSE

21 SEC. 101. Section 601 of the IDEA is amended to

22 read as follows:

23 ‘‘SHORT TITLE; POLICY; FINDINGS; PURPOSES

24 ‘‘SEC. 601. (a) SHORT TITLE.—This Act may be

25 cited as the ‘Individuals With Disabilities Education Act’.
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1 ‘‘(b) POLICY.—The Congress declares it to be the pol2 icy of the United States that all children with disabilities

3 should have the opportunity to—

4 ‘‘(1) meet developmental goals and, to the max5 imum extent possible, those challenging standards

6 that have been established for all children; and

7 ‘‘(2) be prepared to lead productive, independ8 ent, adult lives, to the maximum extent possible.

9 ‘‘(c) FINDINGS.—The Congress finds as follows:

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

11 experience and in no way diminishes the right of in12 dividuals to participate in or contribute to society.

13 Improving educational results for children with dis14 abilities is an essential element of our national policy

15 of ensuring equality of opportunity, full participa16 tion, independent living, and economic self-suffi17 ciency for individuals with disabilities.

18 ‘‘(2) Before the enactment of Public Law 94–

19 142, the Education for All Handicapped Children

20 Act of 1975—

21 ‘‘(A) the special educational needs of chil22 dren with disabilities were not being fully met;

23 ‘‘(B) more than half of the children with

24 disabilities in the United States did not receive
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1 appropriate educational services that would en2 able them to have full equality of opportunity;

3 ‘‘(C) one million of the children with dis4 abilities in the United States were excluded en5 tirely from the public school system and did not

6 go through the educational process with their

7 peers;

8 ‘‘(D) there were many children with dis9 abilities throughout the United States partici10 pating in regular school programs whose dis11 abilities prevented them from having a success12 ful educational experience because their disabil13 ities were undetected; and

14 ‘‘(E) because of the lack of adequate serv15 ices within the public school system, families

16 were often forced to find services outside the

17 public school system, often at great distance

18 from their residence and at their own expense.

19 ‘‘(3) Since the enactment of Public Law 94–

20 142, this Act has been successful in ensuring chil21 dren with disabilities and their families access to a

22 free and appropriate education and in improving

23 educational results for children with disabilities.

24 ‘‘(4) However, the implementation of this Act

25 has been impeded by low expectations, watered-down
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1 curriculum, categorical approaches, and an insuffi2 cient focus on teaching and learning.

3 ‘‘(5) Based on 20 years of research and experi4 ence, we have learned that the education of children

5 with disabilities can be made more effective by—

6 ‘‘(A) having high expectations for children

7 with disabilities and ensuring their access to the

8 general curriculum to the maximum extent pos9 sible;

10 ‘‘(B) aligning this Act with other local,

11 State, and Federal school improvement efforts,

12 including the Goals 2000: Educate America

13 Act, the Improving America’s Schools Act of

14 1994, and the School-to-Work Act of 1994, in

15 order to ensure that children with disabilities

16 benefit from those reforms and that special

17 education can become a service for children

18 rather than a place where they are sent;

19 ‘‘(C) providing appropriate special edu20 cation and related services and aids and sup21 ports in the regular classroom, whenever appro22 priate;

23 ‘‘(D) promoting noncategorical approaches

24 that focus on individual strengths and needs

25 rather than labels;
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1 ‘‘(E) ensuring that families have meaning2 ful opportunities to participate in the education

3 of their children at school and at home;

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

5 professional development for all personnel who

6 work with children with disabilities in order to

7 ensure that they have the skills and knowledge

8 necessary to enable them to—

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

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

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

14 independent, adult lives, to the maximum

15 extent possible;

16 ‘‘(G) providing incentives for whole-school

17 approaches and early intervention to reduce the

18 need to label children as disabled in order to

19 address their learning needs; and

20 ‘‘(H) focusing resources on teaching and

21 learning while reducing paperwork and require22 ments that do not assist in improving edu23 cational results.

24 ‘‘(6) While States and local educational agen25 cies are responsible for providing an education for
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1 all children with disabilities, it is in the national in2 terest that the Federal Government have a role in

3 assisting State and local efforts to educate children

4 with disabilities in order to improve results for those

5 children and to ensure equal protection of the law.

6 ‘‘(d) PURPOSES.—The purposes of this Act are to—

7 ‘‘(1) ensure that all children with disabilities

8 have available to them a free appropriate public edu9 cation that emphasizes special education and related

10 services designed to meet their unique needs and

11 prepare them for employment and independent liv12 ing;

13 ‘‘(2) ensure that the rights of children with dis14 abilities and their parents are protected;

15 ‘‘(3) assist States and localities to provide for

16 the education of all children with disabilities; and

17 ‘‘(4) assess, and ensure the effectiveness of, ef18 forts to educate children with disabilities.’’.

19 DEFINITIONS

20 SEC. 102. Section 602 of the IDEA is amended—

21 (1) by striking out subsection (b);

22 (2) by striking out the subsection designation

23 ‘‘(a)’’;

24 (3) by striking out ‘‘As used in this title’’ and

25 inserting in lieu thereof ‘‘Except as otherwise pro-
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1 vided, the following terms have the following mean2 ings as used in this Act:’’;

3 (4) by amending paragraph (1) to read as fol4 lows:

5 ‘‘(1) CHILD WITH A DISABILITY.—(A) The term

6 ‘child with a disability’ means a child—

7 ‘‘(i) who has a physical or mental impairment;

8 and

9 ‘‘(ii) who, by reason of that impairment, needs

10 special education and related services.

11 ‘‘(B) The term ‘physical or mental impairment’

12 means—

13 ‘‘(i) mental retardation;

14 ‘‘(ii) a hearing impairment, including deafness;

15 ‘‘(iii) a speech or language impairment;

16 ‘‘(iv) a visual impairment, including blindness;

17 ‘‘(v) an emotional disturbance;

18 ‘‘(vi) an orthopedic impairment;

19 ‘‘(vii) autism;

20 ‘‘(viii) traumatic brain injury;

21 ‘‘(ix) other health impairments; or

22 ‘‘(x) a specific learning disability, as defined in

23 paragraph (23).

24 ‘‘(C) Nothing in this paragraph requires that children

25 be classified by their impairment provided that each child
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1 with an impairment listed in subparagraph (B) who, by

2 reason of that impairment, needs special education and

3 related services, is regarded as a child with a disability

4 under subparagraph (A).

5 ‘‘(D) At a State’s discretion, the term ‘child with a

6 disability’ also includes a child aged three, four, or five—

7 ‘‘(i) who is experiencing a developmental delay,

8 as defined by the State and as measured by appro9 priate diagnostic instruments and procedures, in one

10 or more of the following areas:

11 ‘‘(I) physical development;

12 ‘‘(II) cognitive development;

13 ‘‘(III) communication development;

14 ‘‘(IV) social or emotional development; or

15 ‘‘(V) adaptive development; and

16 ‘‘(ii) who, by reason of that developmental

17 delay, needs special education and related services.’’;

18 (5) by amending paragraph (6) to read as fol19 lows:

20 ‘‘(6) STATE.—The term ‘State’ means each of the 50

21 States, the District of Columbia, the Commonwealth of

22 Puerto Rico, and each of the outlying areas.’’;

23 (6) by amending paragraph (8) to read as fol24 lows:
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1 ‘‘(8) LOCAL EDUCATIONAL AGENCY.—The term

2 ‘local educational agency’ means—

3 ‘‘(A) a public board of education or other public

4 authority legally constituted within a State for either

5 administrative control or direction of, or to perform

6 a service function for, public elementary or second7 ary schools in a city, county, township, school dis8 trict, or other political subdivision of a State, or for

9 a combination of school districts or counties as are

10 recognized in a State as an administrative agency

11 for its public elementary or secondary schools;

12 ‘‘(B) any other public institution or agency hav13 ing administrative control and direction of a public

14 elementary or secondary school; or

15 ‘‘(C) an intermediate educational unit, as de16 fined in paragraph (13).’’;

17 (7) by amending paragraph (11) to read as fol18 lows:

19 ‘‘(11) INSTITUTION OF HIGHER EDUCATION.—The

20 term ‘institution of higher education’—

21 ‘‘(A) has the meaning given that term in sec22 tion 1201(a) of the Higher Education Act of 1965;

23 and

24 ‘‘(B) also includes any community college re25 ceiving funding from the Secretary of the Interior
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1 under the Tribally Controlled Community College

2 Assistance Act of 1978.’’;

3 (8) by striking out paragraph (13);

4 (9) in paragraph (15)—

5 (A) by designating the sentences therein as

6 subparagraphs (A), (B), and (C);

7 (B) in subparagraph (A) as so designated,

8 by striking out ‘‘The term ‘children with spe9 cific learning disabilities’ means those children

10 who have’’ and inserting in lieu thereof ‘‘The

11 term ‘specific learning disability’ means’’;

12 (C) in subparagraph (B), as designated by

13 subparagraph (A), by striking out ‘‘Such dis14 orders include’’ and inserting in lieu thereof

15 ‘‘The term includes’’; and

16 (D) in subparagraph (C), as designated by

17 subparagraph (A) by striking out ‘‘Such term

18 does not include children who have learning

19 problems which are’’ and inserting in lieu there20 of ‘‘The term does not include a learning prob21 lem that is’’;

22 (10) in paragraph (16), by striking out ‘‘or

23 guardians’’;
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1 (11) in paragraph (17), by inserting ‘‘orienta2 tion and mobility services,’’ after ‘‘rehabilitation

3 counseling,’’;

4 (12) in paragraph (18), by striking out ‘‘section

5 614(a)(5)’’ and inserting in lieu thereof ‘‘section

6 614(d)’’;

7 (13) by amending paragraph (20) to read as

8 follows:

9 ‘‘(20) INDIVIDUALIZED EDUCATION PROGRAM.—The

10 term ‘individualized education program’ means a written

11 statement for each child with a disability that is developed,

12 reviewed, and revised in accordance with section 614(d)

13 and that includes—

14 ‘‘(A) a statement of the child’s present levels of

15 educational performance, including—

16 ‘‘(i) how the child’s impairment affects the

17 child’s participation and progress in the general

18 curriculum; or

19 ‘‘(ii) for preschool children, as appropriate,

20 how the impairment affects the child’s access to

21 developmentally appropriate activities;

22 ‘‘(B) a statement of measurable annual objec23 tives related to—
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1 ‘‘(i) meeting the child’s needs that result

2 from the child’s impairment, to enable the child

3 to participate in the general curriculum; and

4 ‘‘(ii) meeting each of the child’s other edu5 cational needs, if any, that result from the

6 child’s impairment;

7 ‘‘(C)(i) a statement of the special education and

8 related services and supplementary aids and services

9 to be provided to the child and any program modi10 fications necessary for the child to—

11 ‘‘(I) attain the annual objectives; and

12 ‘‘(II) participate in the general curriculum

13 and in extracurricular and other nonacademic

14 activities;

15 ‘‘(ii) a justification of the extent, if any, to

16 which the child will not be educated with non17 disabled children; and

18 (iii) a justification of the extent, if any, to

19 which the child will not participate in extracurricular

20 and other nonacademic activities with nondisabled

21 children;

22 ‘‘(D)(i) a statement of any modifications in the

23 administration of State or districtwide assessments

24 that are needed in order for the child to participate

25 in the assessment; and
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1 ‘‘(ii) if the IEP team established under section

2 614(d)(2) determines that the child will not partici3 pate in a particular State or districtwide assessment

4 (or part of such an assessment), a statement of—

5 ‘‘(I) why that assessment is not appro6 priate for the child; and

7 ‘‘(II) how the child will be assessed;

8 ‘‘(E) the projected date for the beginning of the

9 services and modifications described in subparagraph

10 (C), and the anticipated frequency and duration of

11 those services and modifications;

12 ‘‘(F) in order to ensure that each student com13 pletes secondary school prepared for employment or

14 postsecondary education and independent living, and

15 understands their rights under this Act on attaining

16 the age or majority (if the State provides for the

17 transfer of those rights from the parents)—

18 ‘‘(i) beginning at age 14 (or younger, if de19 termined appropriate by the IEP team) and up20 dated annually, a plan for the student’s transi21 tion from secondary school that focuses on the

22 student’s courses of study (such as participa23 tion in advanced-placement courses or a voca24 tional education or school-to-work program) in25 cluding, when appropriate, a statement of the
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1 interagency responsibilities or any needed link2 ages (or both) before the student leaves the

3 school setting;

4 ‘‘(ii) beginning at age 16 (or younger, if

5 determined appropriate by the IEP team), a

6 statement of needed transition services; and

7 ‘‘(iii) beginning at least one year before the

8 student reaches the age of majority under State

9 law, a statement about the rights under this

10 Act, if any, that will transfer to the student on

11 reaching the age of majority under section

12 615(j); and

13 ‘‘(G) a statement of—

14 ‘‘(i) how the child’s progress toward the

15 measurable annual objectives will be measured;

16 and

17 ‘‘(ii) how the child’s parents will be regu18 larly informed (by such means as periodic re19 port cards), at least as often as parents are in20 formed of their nondisabled children’s progress,

21 of—

22 ‘‘(I) their child’s progress toward the

23 measurable annual objectives; and

24 ‘‘(II) the extent to which that

25 progress is sufficient to enable the child to
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1 achieve the objectives by the end of the

2 year.’’;

3 (14) in paragraph (21)—

4 (A) in subparagraph (A)—

5 (i) in clause (i), by striking out ‘‘this

6 part’’ and inserting in lieu thereof ‘‘part B

7 of this Act’’;

8 (ii) in clause (ii), by inserting ‘‘part A

9 of’’ after ‘‘under’’; and

10 (iii) in clause (iii), by striking out

11 ‘‘title VII of the Elementary and Second12 ary Education Act of 1965’’ and inserting

13 in lieu thereof ‘‘part A of the Bilingual

14 Education Act’’; and

15 (B) in subparagraph (B), by striking out

16 ‘‘such part, chapter, or title’’ and inserting in

17 lieu thereof ‘‘those parts’’;

18 (15) in paragraph (22), by striking out ‘‘section

19 7003(a)(2)’’ and inserting in lieu thereof ‘‘section

20 7501(11)’’;

21 (16) in paragraph (23), by inserting ‘‘described

22 in subparagraphs (A) and (B) of paragraph (14)’’

23 after ‘‘local educational agency’’;

24 (17) in paragraph (24)—

25 (A) by striking out subparagraph (A); and
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1 (B) in subparagraph (B), by striking out

2 ‘‘The terms ‘Indian’, ‘American Indian’, and

3 ‘Indian American’ mean’’ and inserting in lieu

4 thereof ‘‘The term ‘Indian’ means’’;

5 (18) by striking out paragraph (27);

6 (19) by redesignating paragraphs (1), (5), (6),

7 (7), (8), (9), (10), (11), (12), (14), (15), (16), (17),

8 (18), (19), (20), (21), (22), (23), (24)(B), (24)(C),

9 (25), and (26) as paragraphs (3), (6), (24), (25),

10 (14), (5), (20), (12), (16), (21), (23), (22), (19),

11 (8), (26), (11), (7), (15), (13), (9), (10), (1), and

12 (2), respectively;

13 (20) by inserting the following paragraph head14 ings in paragraphs (1), (2), (4), (5), (6), (7), (8),

15 (9), (10), (13), (15), (16), (19), (20), (21), (22),

16 (23), (25), and (26), as redesignated by paragraph

17 (19): ‘‘ASSISTIVE TECHNOLOGY DEVICE.’’,

18 ‘‘ASSISTIVE TECHNOLOGY SERVICE.’’, ‘‘CONSTRUC19 TION.’’, ‘‘ELEMENTARY SCHOOL.’’, ‘‘EQUIPMENT.’’,

20 ‘‘EXCESS COSTS.’’, ‘‘FREE APPROPRIATE PUBLIC

21 EDUCATION.’’, ‘‘INDIAN.’’, ‘‘INDIAN TRIBE.’’, ‘‘IN22 TERMEDIATE EDUCATIONAL UNIT.’’, ‘‘NATIVE LAN23 GUAGE.’’, ‘‘NONPROFIT.’’, ‘‘RELATED SERVICES.’’,

24 ‘‘SECONDARY SCHOOL.’’, ‘‘SECRETARY.’’, ‘‘SPECIAL

25 EDUCATION.’’, ‘‘SPECIFIC LEARNING DISABILITY.’’,
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1 ‘‘STATE EDUCATIONAL AGENCY.’’, and ‘‘TRANSI2 TION SERVICES.’’, respectively; and

3 (21) by inserting paragraphs (17) and (18)

4 after paragraph (16), as redesignated by paragraph

5 (19), to read as follows:

6 ‘‘(17) OUTLYING AREA.—The term ‘outlying area’

7 means the Virgin Islands, Guam, American Samoa, and

8 the Commonwealth of the Northern Mariana Islands.

9 ‘‘(18) PARENT.—The term ‘parent’ includes a legal

10 guardian.’’.

11 OFFICE OF SPECIAL EDUCATION PROGRAMS

12 SEC. 103. Section 603 of the IDEA is amended by

13 adding at the end thereof a new subsection (c) to read

14 as follows:

15 ‘‘(c) Notwithstanding section 1342 of title 31, United

16 States Code, the Secretary is authorized to accept vol17 untary and uncompensated services in furtherance of the

18 purposes of this Act.’’.

19 REQUIREMENTS FOR PRESCRIBING REGULATIONS

20 SEC. 104. Section 608(a) of the IDEA is amended

21 to read as follows:

22 ‘‘(a) The Secretary shall provide a public-comment

23 period of at least 90 days on any regulation proposed

24 under part B of this Act on which an opportunity for pub25 lic comment is otherwise required by law.’’.
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1 ELIGIBILITY FOR FINANCIAL ASSISTANCE

2 SEC. 105. Section 609 of the IDEA is amended to

3 read as follows:

4 ‘‘ELIGIBILITY FOR FINANCIAL ASSISTANCE

5 ‘‘SEC. 609. The Secretary shall not make a grant

6 under parts C through G of this Act to a State, or to

7 any local educational agency or other public institution or

8 agency in the State, that relates exclusively to programs,

9 projects, and activities pertaining to children aged three

10 through five unless the State is eligible to receive a grant

11 under section 619.’’.

12 ADMINISTRATIVE PROVISIONS APPLICABLE TO PARTS C

13 THROUGH G

14 SEC. 106. Except as otherwise provided, effective on

15 October 1, 1996, section 610 of the IDEA is amended to

16 read as follows:

17 ‘‘ADMINISTRATIVE PROVISIONS APPLICABLE TO PARTS C

18 THROUGH G

19 ‘‘SEC. 610. (a) FINDINGS.—With respect to this sec20 tion and parts D through G, the Congress finds as follows:

21 ‘‘(1)(A) The Federal Government must be re22 sponsive to the growing needs of an increasingly

23 more diverse society. A more equitable allocation of

24 resources is essential for the Federal Government to

25 meet its responsibility to provide an equal edu26 cational opportunity for all individuals.
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1 ‘‘(B) America’s racial profile is rapidly chang2 ing. Between 1980 and 1990, the rate of increase in

3 the population for white Americans was 6.0 percent,

4 while the rate of increase for racial and ethnic mi5 norities was much higher: 53.0 percent for His6 panics, 13.2 percent for African Americans, and

7 107.8 percent for Asians.

8 ‘‘(C) By the year 2000, this Nation will have

9 260 million people, one of every three of whom will

10 be either African American, Hispanic, or Asian

11 American.

12 ‘‘(D) Taken together as a group, minority chil13 dren are comprising an ever larger percentage of

14 public school students. Large city school populations

15 are overwhelmingly minority; for example, for school

16 year 1992–1993, the figure for Miami is 83 percent;

17 for Chicago, 88 percent; for Philadelphia, 77 per18 cent; for Baltimore, 83.5 percent; for Houston, 87

19 percent; and for Los Angeles, 87 percent.

20 ‘‘(E) The population of individuals with limited

21 English proficiency is the fastest growing in our Na22 tion, and the growth is occurring in many parts of

23 our Nation. In the Nation’s two largest school dis24 tricts, nearly half of the children entering kinder25 garten have limited English proficiency. Children
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1 with disabilities who are also limited-English-pro2 ficient face very significant obstacles in seeking to

3 take advantage of their opportunity to receive an

4 education that will enable them to participate fully

5 in American society. These obstacles include inap6 propriate referral and evaluation procedures for spe7 cial education services; the limited English pro8 ficiency of their parents, which hinders the parents’

9 ability to fully participate in the education of their

10 children; and a shortage of teachers and other staff

11 who are professionally qualified to serve these chil12 dren.

13 ‘‘(2)(A) Greater efforts are needed to prevent

14 the intensification of problems connected with

15 mislabeling and to improve post-school results

16 among minority children with disabilities.

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

18 served in special education than would be expected

19 from the percentage of minority students in the gen20 eral school population.

21 ‘‘(C) Poor African American children are 2.5

22 times more likely to be identified by their school as

23 mentally retarded than are their white counterparts.

24 ‘‘(D) Although African Americans represent 16

25 percent of elementary and secondary enrollments,
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1 they constitute 24 percent of total enrollments in

2 special education.

3 ‘‘(E) The percentage of students with disabil4 ities who are white who go on to college is 18; for

5 African American students with disabilities, that

6 percentage is 11; and for Hispanic students with

7 disabilities, 14 percent.

8 ‘‘(F) Up to five years after leaving high school,

9 over 46 percent of white youth with disabilities were

10 employed at jobs paying over six dollars per hour,

11 while less than 14 percent of African American

12 youth with disabilities and just 25 percent of His13 panic youth with disabilities were employed at or

14 above that rate.

15 ‘‘(3)(A) There is a compelling national interest

16 in aiding those institutions of higher education that

17 have historically served students who have been de18 nied access to postsecondary education because of

19 race or national origin and whose participation in

20 the American system of higher education is in the

21 Nation’s interest so that equality of access and the

22 quality of postsecondary education is enhanced for

23 all students.

24 ‘‘(B) As recently as 1991, Historically Black

25 Colleges and Universities (HBCUs) enrolled 44 per-
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1 cent of the African American teacher trainees in the

2 Nation. However, in 1993, HBCUs received only

3 four percent of the discretionary funds for special

4 education and related services personnel training

5 under this Act.

6 ‘‘(C) HBCUs and other institutions of higher

7 education with substantial minority enrollments have

8 played an important role in preparing special edu9 cation teachers and other professionals who provide

10 services to children with disabilities in inner-city

11 urban and rural areas that have experienced signifi12 cant shortages in qualified teachers and service pro13 viders. In 1990–91, 38 percent of all schools had

14 teaching vacancies in special education; schools that

15 were 20 percent of more minority were more likely

16 to have teaching vacancies than those with lower

17 percentages of minority enrollments.

18 ‘‘(D) HBCUs and other institutions of higher

19 education with substantial minority enrollments play

20 an important role in the development of a profes21 sional workforce in special education that reflects

22 the full participation of all members of society by

23 providing access and high-quality education to low24 income and minority students who will enter special

25 education and related fields.
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1 ‘‘(E) As the number of African American and

2 Hispanic students in schools, and in special edu3 cation, continues to rise, the number of minority

4 teachers and related service personnel produced in

5 our colleges and universities continues to decrease.

6 In 1992–1993, 90 percent of those receiving bach7 elor’s degrees in education were white, while only

8 five percent were African American and less than

9 three percent were Hispanic. In 1980–81, when al10 most the same total number of bachelor’s degrees in

11 education were conferred, 87 percent of those receiv12 ing education degrees were white, 9 percent were Af13 rican American, and three percent were Hispanic.

14 ‘‘(b) COMPREHENSIVE PLAN.—(1) The Secretary

15 shall develop and implement a comprehensive plan for ac16 tivities under parts D through G of this Act in order to

17 assist States and local educational agencies in providing

18 educational, related, and early intervention services to

19 children with disabilities under parts B and H of this Act.

20 ‘‘(2) In developing the plan described in paragraph

21 (1), the Secretary shall involve individuals with disabil22 ities; parents of children with disabilities; appropriate pro23 fessionals; and representatives of State and local edu24 cational agencies, private school, institutions of higher

25 education, other Federal agencies, the National Council on
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1 Disabilities, and national organizations with an interest in,

2 and expertise in, providing services to children with dis3 abilities and their families.

4 ‘‘(c) ELIGIBLE APPLICANTS.—(1) Except as other5 wise provided, those eligible to apply for awards under

6 parts D through G are—

7 ‘‘(A) institutions of higher education;

8 ‘‘(B) State educational agencies;

9 ‘‘(C) local educational agencies;

10 ‘‘(D) other public agencies;

11 ‘‘(E) private nonprofit organizations;

12 ‘‘(F) Indian tribes, the Bureau of Indian Af13 fairs (when acting on behalf of schools operated by

14 the Bureau for children and students on Indian res15 ervations), and tribally controlled schools funded by

16 the Bureau; and

17 ‘‘(G) when the Secretary finds it appropriate in

18 light of the purposes of a particular competition, for19 profit organizations.

20 ‘‘(2) The Secretary may limit individual competitions

21 to one or more categories of eligible entities listed in para22 graph (1).

23 ‘‘(d) SPECIAL POPULATIONS.—(1) In making awards

24 under parts D through G, the Secretary shall, as appro25 priate, require applicants to demonstrate how they will ad-
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•HR 1986 IH

1 dress the needs of children with disabilities from minority

2 backgrounds.

3 ‘‘(2) Notwithstanding any other provision of this Act,

4 beginning with fiscal year 1996, the Secretary—

5 ‘‘(A) shall ensure that at least one percent of

6 the total amount of funds appropriated for parts D

7 through G (and, for fiscal year 1996, for parts C

8 through G) is used—

9 ‘‘(i) for outreach and technical assistance

10 to Historically Black Colleges and Universities

11 (HBCUs), and to institutions of higher edu12 cation with minority enrollments of at least 25

13 percent, to promote their participation in activi14 ties under those parts; and

15 ‘‘(ii) to enable those HBCUs and institu16 tions to assist others in improving educational

17 results for children with disabilities; and

18 ‘‘(B) may reserve funds appropriated under

19 parts D through G (and, for fiscal year 1996, for

20 parts C through G) to meet the requirement of sub21 paragraph (A).

22 ‘‘(e) PRIORITIES.—In making awards under parts D

23 through G, the Secretary may, without rulemaking under

24 section 553 of title 5, United States Code, limit competi25 tions to, or otherwise give priority to—
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•HR 1986 IH

1 ‘‘(1) projects that address one or more—

2 ‘‘(A) age ranges;

3 ‘‘(B) disabilities;

4 ‘‘(C) grades in school;

5 ‘‘(D) types of educational placements or

6 early intervention environments;

7 ‘‘(E) types of services; or

8 ‘‘(F) content areas such as reading;

9 ‘‘(2) projects that address the needs of children

10 with disabilities who are of a single gender;

11 ‘‘(3) projects that address the needs of children

12 based on the severity of their disability;

13 ‘‘(4) projects that address the needs of—

14 ‘‘(A) low-achieving students;

15 ‘‘(B) underserved populations;

16 ‘‘(C) children from low-income families;

17 ‘‘(D) children with limited English pro18 ficiency;

19 ‘‘(E) unserved and underserved areas; or

20 ‘‘(F) particular types of geographic areas,

21 such as inner-city and rural areas;

22 ‘‘(5) projects in particular areas of the country,

23 to ensure broad geographic coverage; and

24 ‘‘(6) any activity that is expressly authorized in

25 the applicable part.
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•HR 1986 IH

1 ‘‘(f) APPLICANT AND RECIPIENT RESPONSIBIL2 ITIES.—(1) The Secretary shall require that applicants

3 for, and recipients of, awards under parts D through G—

4 ‘‘(A) involve individuals with disabilities and

5 parents of individuals with disabilities in planning,

6 implementing, and evaluating projects; and

7 ‘‘(B) where appropriate, determine their

8 projects’ potential for replication and widespread

9 adoption.

10 ‘‘(2) The Secretary may require that applicants for,

11 and recipients of, awards under parts D through G—

12 ‘‘(A) share in the cost of projects;

13 ‘‘(B) prepare their findings and products in for14 mats useful for specific audiences, including parents,

15 administrators, teachers, early intervention person16 nel, related services personnel, and individuals with

17 disabilities;

18 ‘‘(C) disseminate their findings and products;

19 and

20 ‘‘(D) collaborate with other recipients.

21 ‘‘(g) PEER REVIEW.—(1) The Secretary shall use

22 panels of experts who are competent, by virtue of their

23 training, expertise, or experience, to evaluate applications

24 under parts D through G that request more than $75,000.
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1 ‘‘(2) A majority of each panel under paragraph (1)

2 shall be individuals who are not employees of the Federal

3 Government.

4 ‘‘(3) The Secretary may use funds available under

5 parts D through G to pay the expenses and fees of non6 Federal panel members.

7 ‘‘(h) PROGRAM EVALUATION.—The Secretary may

8 use funds appropriated to carry out parts C through G

9 to evaluate activities carried out under those parts.

10 ‘‘(i) INDIRECT COSTS.—The Secretary—

11 ‘‘(1) shall not permit any recipient of funds

12 under parts C through G to use more than 25 per13 cent of those funds for indirect costs; and

14 ‘‘(2) may further limit the extent to which any

15 such recipient may use those funds for those costs.

16 ‘‘(j) MINIMUM FUNDING REQUIRED.—(1) The Sec17 retary shall ensure that, for each fiscal year, at least the

18 following amounts are provided for activities under parts

19 D through G:

20 ‘‘(A) $12,832,000 to address the educational,

21 related services, transitional, and early intervention

22 needs of children with deaf-blindness.

23 ‘‘(B) $4,147,000 to address the educational, re24 lated services, transitional, and early intervention

25 needs of children with an emotional disturbance, and
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•HR 1986 IH

1 to prevent children with behavioral problems from

2 developing an emotional disturbance.

3 ‘‘(C) $10,030,000 to address the educational,

4 related services, transitional, and early intervention

5 needs of children with sever disabilities.

6 ‘‘(D) $4,000,000 to address the postsecondary,

7 vocational, technical, continuing, and adult edu8 cation needs of individuals with deafness.

9 ‘‘(2) If the total amount appropriated for any fiscal

10 year for parts C through G is less than $254,034,000,

11 the amounts listed in paragraph (1) shall be proportion12 ately reduced.’’.

13 TITLE II—AMENDMENTS TO PART B OF THE

14 IDEA

15 ALLOCATIONS

16 SEC. 201. (a) ALLOCATIONS.—Subsections (a)

17 through (e) of section 611 of the IDEA are amended to

18 read as follows:

19 ‘‘(a) GRANTS TO STATES.—

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

21 shall make grants to States and the outlying areas,

22 and provide funds to the Secretary of the Interior,

23 to assist them to provide special education and relat24 ed services to children with disabilities in accordance

25 with this part.
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1 ‘‘(2) OUTLYING AREAS.—(A) From the amount

2 appropriated for any fiscal year under subsection

3 (g), the Secretary shall reserve not more than one

4 percent to provide assistance to the outlying areas in

5 accordance with their respective populations of indi6 viduals aged three through 21.

7 ‘‘(B) The provisions of Public Law 95–134,

8 permitting the consolidation of grants to the outly9 ing areas, shall not apply to funds those areas re10 ceive under this section.

11 ‘‘(3) SECRETARY OF THE INTERIOR.—From the

12 amount appropriated for any fiscal year under sub13 section (g), the Secretary shall reserve 1.25 percent

14 to provide assistance to the Secretary of the Interior

15 in accordance with subsection (f).

16 ‘‘(4) HOLD-HARMLESS PAYMENTS.—(A) After

17 reserving funds for studies and evaluations under

18 section 646(b), and for payments to the outlying

19 areas and the Secretary of the Interior under para20 graphs (2) and (3), the Secretary shall allocate to

21 each State an amount equal to the amount it re22 ceived under this section for fiscal year 1995, as

23 then in effect.

24 ‘‘(B) If a State received any funds under this

25 section for fiscal year 1995 on the basis of children
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1 aged three through five, but does not make a free

2 appropriate public education available to all children

3 with disabilities aged three through five in the State,

4 the Secretary shall reduce the amount allocated to

5 the State under subparagraph (A) by the amount so

6 received on that basis.

7 ‘‘(C)(i) If the sums available to make alloca8 tions to States under this paragraph are insufficient

9 to make the full allocations determined under sub10 paragraphs (A) and (B), the Secretary shall—

11 ‘‘(I) first, reduce the allocation of any

12 State whose number of children in the age

13 range described in paragraph (5) is less than

14 the number of those children in fiscal year 1995

15 by the same percentage by which that number

16 declined from 1995; and

17 ‘‘(II) second, if necessary, ratably reduce

18 the allocations of all States, including those al19 locations reduced under subclause (I).

20 ‘‘(ii) If additional funds become available to

21 make allocations under this paragraph, the alloca22 tions that were reduced under clause (i) shall be in23 creased on the same basis as they were reduced.

24 ‘‘(5) ALLOCATION OF REMAINING FUNDS.—

25 After making allocations under paragraph (4), the
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•HR 1986 IH

1 Secretary shall allocate any remaining funds to

2 States on the basis of their relative population of

3 children aged 3 through 21 who are of the same age

4 as children with disabilities for whom the State en5 sures the availability of a free appropriate public

6 education under this part.

7 ‘‘(6) PUERTO RICO.—Notwithstanding any

8 other provision of this section, the percentage of all

9 funds allocated to the States, the outlying areas, and

10 the Secretary of the Interior under paragraphs (2)

11 through (5) of this subsection that is allocated to the

12 Commonwealth of Puerto Rico for any fiscal year

13 shall not exceed the percentage allocated to Puerto

14 Rico of all funds allocated to the States, the outlying

15 areas, and the Secretary of the Interior under this

16 section for fiscal year 1995, as then in effect.

17 ‘‘(7) DETERMINATION OF POPULATION FIG18 URES.—For the purpose of making grants under

19 this section, the Secretary shall use the most recent

20 population data that are available and satisfactory

21 to the Secretary.

22 ‘‘(b) STATE-LEVEL ACTIVITIES.—

23 ‘‘(1) GENERAL.—(A) Each State may retain up

24 to 25 percent of the grant it receives under this sec-
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•HR 1986 IH

1 tion for administration and other State-level activi2 ties in accordance with paragraphs (2) and (3).

3 ‘‘(B) A State may use funds it retains under

4 subparagraph (A) without regard to—

5 ‘‘(i) the prohibition on commingling of

6 funds in section 612(a)(18)(B); and

7 ‘‘(ii) the prohibition on supplanting other

8 funds in section 612(a)(18)(C)(i).

9 ‘‘(2) STATE ADMINISTRATION.—(A) For the

10 purpose of administering this part, including section

11 619 (including the coordination of activities under

12 this part with, and providing technical assistance to,

13 other programs that provide services to children with

14 disabilities)—

15 ‘‘(i) each State may use up to five percent

16 of the amount it receives under this section for

17 any fiscal year or $450,000, whichever is great18 er; and

19 ‘‘(ii) each outlying area may use up to five

20 percent of the amount it receives under this

21 section for any fiscal year or $35,000, which22 ever is greater.

23 ‘‘(B) Funds described in subparagraph (A) may

24 also be used for the administration of part H of this
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•HR 1986 IH

1 Act, if the State educational agency is the lead agen2 cy for the State under that part.

3 ‘‘(3) OTHER STATE-LEVEL ACTIVITIES.—Each

4 State shall use any funds it retains under paragraph

5 (1) and does not use for administration under para6 graph (2)—

7 ‘‘(A) for support and direct services;

8 ‘‘(B) for administrative costs of monitoring

9 and complaint investigation, but only to the ex10 tent that those costs exceed the costs incurred

11 for those activities during fiscal year 1985;

12 ‘‘(C) to establish and implement the medi13 ation process required by section 615(d);

14 ‘‘(D) to develop a State Improvement Plan

15 under part C of this Act;

16 ‘‘(E) for activities at the State and local

17 levels to meet the performance goals established

18 by the State under section 612(a)(16) and to

19 support implementation of the State Improve20 ment Plan under part C if the State receives

21 funds under that part; or

22 ‘‘(F) to supplement other funds used to de23 velop and implement a Statewide coordinated

24 services system designed to improve results for

25 children and families, including children with
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•HR 1986 IH

1 disabilities and their families, but not to exceed

2 one percent of the amount received by the State

3 under this section. This system shall be coordi4 nated with and, to the extent appropriate, build

5 on the system of coordinated services developed

6 by the State under part H of this Act.

7 ‘‘(c) SUBGRANTS TO LOCAL EDUCATIONAL AGEN8 CIES.—

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

10 receives a grant under this section for any fiscal

11 year shall distribute at least 75 percent of the grant

12 funds to local educational agencies in the State that

13 have established their eligibility under section 613,

14 and to State agencies that received funds under sec15 tion 614A(a) of this Act for fiscal year 1995 and

16 have established their eligibility under section 613,

17 for use in accordance with this part.

18 ‘‘(2) METHODS OF DISTRIBUTION.—A State

19 may distribute funds under paragraph (1) on the

20 basis of—

21 ‘‘(A) population;

22 ‘‘(B) school enrollment;

23 ‘‘(C) numbers of children with disabilities

24 receiving a free appropriate public education;

25 ‘‘(D) allocations for previous fiscal years;
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•HR 1986 IH

1 ‘‘(E) any two or more of the factors de2 scribed in subparagraphs (A) through (D); or

3 ‘‘(F) poverty, in combination with one or

4 more of the factors described in subparagraphs

5 (A) through (D).

6 ‘‘(3) FORMER CHAPTER 1 STATE AGENCIES.—

7 To the extent necessary, the State—

8 ‘‘(i) shall use funds that are available

9 under subsection (b)(1)(A) to ensure that each

10 State agency that received fiscal year 1994

11 funds under subpart 2 of part D of chapter 1

12 of title I of the Elementary and Secondary

13 Education Act of 1965 receives, from the com14 bination of funds under subsection (b)(1)(A)

15 and funds provided under paragraph (1) of this

16 subsection, an amount equal to—

17 ‘‘(I) the number of children with dis18 abilities, aged 6 through 21, to whom the

19 agency was providing special education and

20 related services on December 1 of the fis21 cal year for which the funds were appro22 priated, subject to the limitation in sub23 paragraph (B); multiplied by
39

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1 ‘‘(II) the per-child amount provided

2 under such subpart for fiscal year 1994;

3 and

4 ‘‘(ii) may use those funds to ensure that

5 each local educational agency that received fis6 cal year 1994 funds under that subpart for chil7 dren who had transferred from a State-operated

8 or State-supported school or program assisted

9 under that subpart receives, from the combina10 tion of funds available under subsection

11 (b)(1)(A) and funds provided under paragraph

12 (1) of this subsection, an amount for each such

13 child, aged 3 through 21 to whom the agency

14 was providing special education and related

15 services on December 1 of the fiscal year for

16 which the funds were appropriated, equal to the

17 per-child amount the agency received under

18 that subpart for fiscal year 1994.

19 ‘‘(B) The number of children counted

20 under subparagraph (A)(i)(I) shall not exceed

21 the number of children aged 3 through 21 for

22 whom the agency received fiscal year 1994

23 funds under subpart 2 of part D of chapter 1

24 of title I of the Elementary and Secondary

25 Education Act of 1965.
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1 ‘‘(4) REALLOCATION OF FUNDS.—If a State

2 educational agency determines that a local edu3 cational agency is adequately providing a free appro4 priate public education to all children with disabil5 ities residing in the area served by that agency with

6 State and local funds, the State educational agency

7 may reallocate any portion of the funds under this

8 part that are not needed by that local agency to pro9 vide a free appropriate public education to other

10 local educational agencies in the State that are not

11 adequately providing special education and related

12 services to all children with disabilities residing in

13 the areas they serve.

14 ‘‘(d) MINIMUM SUBGRANTS.—(1) A State may elect

15 not to distribute funds to any local educational agency

16 under this section or under section 619 for any fiscal year

17 if the total amount it would receive, from the combination

18 of funds under this section and section 619, is less than

19 $7,500.

20 ‘‘(2) When a State elects to use its authority under

21 paragraph (1), it shall use the funds that would otherwise

22 be provided to the local educational agency to ensure the

23 provision of a free appropriate public education to children

24 with disabilities residing in the area served by that agency.
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•HR 1986 IH

1 ‘‘(3) A State’s authority under paragraph (1) does

2 not apply to a State agency that is eligible for a payment

3 under section 611(c) or section 619(i).

4 ‘‘(e) DEFINITION.—For the purpose of this section,

5 the term ‘State’ means each of the 50 States, the District

6 of Columbia, and the Commonwealth of Puerto Rico.’’.

7 (b) SECRETARY OF THE INTERIOR.—Section 611(f)

8 of the IDEA is amended—

9 (1) in paragraph (1), by striking out ‘‘aggre10 gate amounts’’ and all that follows through ‘‘sec11 tion’’ and inserting in lieu thereof ‘‘amount appro12 priated under subsection (g)’’;

13 (2) in paragraph (3)—

14 (A) by striking out ‘‘an application’’ and

15 inserting in lieu thereof ‘‘information’’;

16 (B) in subparagraph (A)—

17 (i) by inserting ‘‘demonstrates that

18 the Department of the Interior’’ before

19 ‘‘meets’’; and

20 (ii) by striking out ‘‘activities), 613,

21 and 614(a)’’ and inserting in lieu thereof

22 ‘‘activities) and 613’’;

23 (C) in subparagraph (D), by striking out

24 ‘‘section 618(b)(1)’’ and all that follows
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•HR 1986 IH

1 through ‘‘section 618(g)’’ and inserting in lieu

2 thereof ‘‘section 618 or part E of this Act’’; and

3 (D) in the sentence following subparagraph

4 (F), by striking out ‘‘any such application’’ and

5 inserting in lieu thereof ‘‘the information de6 scribed in this paragraph’’;

7 (3) in paragraph (4)—

8 (A) in subparagraph (a)—

9 (i) by striking out ‘‘Beginning with’’

10 and inserting in lieu thereof ‘‘With’’;

11 (ii) by striking out ‘‘section 611(a) for

12 fiscal year 1992’’ and inserting in lieu

13 thereof ‘‘section 611’’; and

14 (iii) by striking out ‘‘aggregate

15 amounts’’ and all that follows through

16 ‘‘section’’ and inserting in lieu thereof

17 ‘‘amount appropriated under subsection

18 (g)’’; and

19 (B) in subparagraph (B), by striking out

20 ‘‘in the following manner’’ and all that follows

21 through ‘‘shall receive’’ in clause (ii) thereof

22 and inserting in lieu thereof ‘‘by allocating to

23 each tribe or tribal organization’’; and
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•HR 1986 IH

1 (4) in paragraph (6), by striking out ‘‘section

2 613(a)(12)’’ and inserting in lieu thereof ‘‘section

3 612(a)(20)’’.

4 (c) AUTHORIZATION OF APPROPRIATIONS.—Section

5 611 of the IDEA is further amended—

6 (1) by striking out subsection (g);

7 (2) by redesignating subsection (h) as sub8 section (g); and

9 (3) by amending subsection (g), as so redesig10 nated, to read as follows:

11 ‘‘(g) AUTHORIZATION OF APPROPRIATIONS.—For the

12 purpose of carrying out this section, there are authorized

13 to be appropriated such sums as may be necessary.’’.

14 STATE ELIGIBILITY

15 SEC. 202. (a) Section 612 of the IDEA is amended

16 to read as follows:

17 ‘‘STATE ELIGIBILITY

18 ‘‘SEC. 612. (a) STATE ELIGIBILITY.—A State is eligi19 ble for assistance under this part for any fiscal year if

20 it demonstrates to the satisfaction of the Secretary that

21 it has in effect policies and procedures to ensure that it

22 meets each of the following conditions:

23 ‘‘(1) FREE APPROPRIATE PUBLIC EDU24 CATION.—(A) A free appropriate public education is

25 available to all children with disabilities residing in

26 the State between the ages of 3 and 21, inclusive.
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•HR 1986 IH

1 ‘‘(B) Subparagraph (A) does not apply with re2 spect to children aged 3 through 5 and 18 through

3 21 in a State to the extent that its application to

4 those children would be inconsistent with State law

5 or practice, or the order of any court, respecting the

6 provision of public education to children in those age

7 ranges.

8 ‘‘(2) FULL EDUCATIONAL OPPORTUNITY

9 GOAL.—The State has established a goal of provid10 ing full educational opportunity to all children with

11 disabilities, and a detailed timetable for accomplish12 ing that goal.

13 ‘‘(3) CHILD FIND.—All children with disabilities

14 residing in the State are identified, located, and

15 evaluated, regardless of the severity of their disabil16 ity.

17 ‘‘(4) INDIVIDUALIZED EDUCATION PROGRAM.—

18 An individualized education program, or an individ19 ualized family service plan that meets the require20 ments of section 676(d) of this Act, is developed, re21 viewed, and revised for each child with a disability

22 in accordance with section 614(d).

23 ‘‘(5) LEAST RESTRICTIVE ENVIRONMENT.—(A)

24 To the maximum extent appropriate—
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•HR 1986 IH

1 ‘‘(i) children with disabilities, including

2 children in public or private institutions or

3 other care facilities, are educated with children

4 who are not disabled; and

5 ‘‘(ii) special classes, separate schooling, or

6 other removal of children with disabilities from

7 the regular educational environment occurs only

8 when the nature or severity of a child’s disabil9 ity means that education in regular classes with

10 the use of supplementary aids and services can11 not be achieved satisfactorily.

12 ‘‘(B)(i) If the State distributes State funds on

13 the basis of the type of setting in which a child is

14 served, that funding mechanism does not result in

15 placements that violate the requirements of subpara16 graph (A).

17 ‘‘(ii) If the State does not have policies and pro18 cedures to ensure compliance with clause (i), the

19 State shall provide the Secretary an assurance that

20 it will revise that funding mechanism as soon as fea21 sible to ensure that it does not result in such place22 ments.’’.

23 ‘‘(6) PROCEDURAL SAFEGUARDS.—Children

24 with disabilities and their parents are afforded the

25 procedural safeguards required by section 615.
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•HR 1986 IH

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

2 are evaluated in accordance with section 614 (a)

3 through (c).

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

5 comply with section 617(c), relating to the confiden6 tiality of records and information.

7 ‘‘(9) TRANSITION FROM PART H TO PRESCHOOL

8 PROGRAMS.—(A) Children participating in early9 intervention programs assisted under part H of this

10 Act, and who will participate in preschool programs

11 assisted under this part, experience a smooth transi12 tion to those preschool programs; and

13 ‘‘(B) by the child’s third birthday, an individ14 ualized education program or, if consistent with sec15 tions 614(d)(1)(B) and 676(d), an individualized

16 family service plan, has been developed and is being

17 implemented.

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

19 ‘‘(A) CHILDREN PLACED IN PRIVATE

20 SCHOOLS BY THEIR PARENTS.—To the extent

21 consistent with the number and location of chil22 dren with disabilities in the State who are en23 rolled by their parents in private elementary

24 and secondary schools, those children partici25 pate in the program assisted under this part by
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•HR 1986 IH

1 providing them special education and related

2 services, except when the Secretary has ar3 ranged for services to those children under sub4 section (f) of this section.

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

6 TO, PRIVATE SCHOOLS BY PUBLIC AGENCIES.—

7 (i) Children with disabilities in private schools

8 and facilities are provided special education and

9 related services, in accordance with an individ10 ualized education program, at no cost to their

11 parents, if they are placed in, or referred to,

12 those schools or facilities by the State or a local

13 educational agency in order to comply with this

14 part or with any other law requiring the provi15 sion of special education and related services to

16 all children with disabilities in the State; and

17 ‘‘(ii) in all cases described in clause (i),

18 children with disabilities are placed in, or re19 ferred to, only those private schools and facili20 ties that the State educational agency deter21 mines meet standards that apply to State and

22 local educational agencies, and children served

23 in private schools or facilities have all the rights

24 they would have if served by those agencies.
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1 ‘‘(11) SEA RESPONSIBLE FOR GENERAL SU2 PERVISION.—(A) The State educational agency is re3 sponsible for ensuring that—

4 ‘‘(i) the requirements of this part are car5 ried out; and

6 ‘‘(ii) all educational programs for children

7 with disabilities in the State, including all such

8 programs administered by any other State or

9 local agency—

10 ‘‘(I) are under the general supervision

11 of the persons in the State educational

12 agency who are responsible for educational

13 programs for children with disabilities; and

14 ‘‘(II) meet educational standards of

15 the State educational agency.

16 ‘‘(B) Subparagraph (A) does not limit the re17 sponsibility of agencies other than educational agen18 cies to provide, or pay for some or all of the costs

19 of, a free appropriate public education for any child

20 with a disability in the State.

21 ‘‘(12) METHODS OF ENSURING SERVICES.—(A)

22 If any public agency other than an educational agen23 cy is responsible for providing, or paying for, any of

24 the services that are necessary for the provision of

25 a free appropriate public education to children with
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•HR 1986 IH

1 disabilities within the State (such as mental health

2 services, transition services, and health services for

3 children with special needs), there is an effective

4 mechanism for interagency coordination, in order to

5 ensure that all required services are provided, which

6 shall include—

7 ‘‘(i) an identification of, or a method for

8 defining, the financial responsibility of each

9 agency for providing a free appropriate public

10 education to children with disabilities; and

11 ‘‘(ii) procedures for resolving interagency

12 disputes, including procedures under which

13 local educational agencies may obtain reim14 bursement from other agencies.

15 ‘‘(B) The requirements of subparagraph (A)

16 may be met through—

17 ‘‘(i) State statute or regulation;

18 ‘‘(ii) signed agreements between respective

19 agency officials; or

20 ‘‘(iii) other appropriate methods.

21 ‘‘(13) LOCAL EDUCATIONAL AGENCY ELIGI22 BILITY.—The State educational agency will not fi23 nally determine that a local educational agency is

24 not eligible under this part without first affording
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1 that agency reasonable notice and an opportunity for

2 a hearing.

3 ‘‘(14) COMPREHENSIVE SYSTEM OF PERSONNEL

4 DEVELOPMENT.—The State has in effect, consistent

5 with the purposes of this Act and with section

6 676(b)(8), a comprehensive system of personnel de7 velopment that is designed to ensure an adequate

8 supply of qualified special education and related

9 services personnel necessary to carry out this part,

10 including—

11 ‘‘(A) a statewide, coordinated personnel-de12 velopment plan that meets the personnel devel13 opment requirements of a State Improvement

14 Plan under section 624 of this Act, as amended

15 by section 302 of the Individuals with Disabil16 ities Education Act Amendments of 1995; or

17 ‘‘(B) a personnel-development plan devel18 oped in consultation with parents of children

19 with disabilities, State and local educational

20 agencies, institutions of higher education, and

21 professional associations that—

22 ‘‘(i) addresses current and projected

23 needs for special education and related

24 services personnel throughout the State;
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1 ‘‘(ii) addresses the need for the pre2 service and in-service preparation of per3 sonnel throughout the State, including reg4 ular education personnel, to provide edu5 cational services to children with disabil6 ities;

7 ‘‘(iii) includes a system or procedures

8 for recruiting, preparing, and retaining

9 qualified personnel, including personnel

10 with disabilities and personnel from groups

11 that are underrepresented in the field of

12 special education and related services; and

13 ‘‘(iv) is integrated, to the maximum

14 extent possible, with other professional de15 velopment plans and activities, including

16 those developed or carried out under titles

17 I and II of the Elementary and Secondary

18 Education Act of 1965 and title III of the

19 Goals 2000: Educate America Act.

20 ‘‘(15) PERSONNEL STANDARDS.—(A) The State

21 educational agency has established and maintains

22 standards to ensure that personnel necessary to

23 carry out this part, including paraprofessional per24 sonnel, are appropriately and adequately prepared

25 and trained, including—
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1 ‘‘(i) standards that are consistent with any

2 State-approved or State-recognized certification,

3 licensing, registration, or other comparable re4 quirements that apply to the area in which

5 those personnel are providing special education

6 or related services; and

7 ‘‘(ii) to the extent the standards described

8 in clause (i) are not based on the highest re9 quirements in the State applicable to a specific

10 profession or discipline, the State is taking

11 steps to require the retraining or hiring of per12 sonnel that meet appropriate professional re13 quirements in the State.

14 ‘‘(B) Nothing in this Act, including subpara15 graph (A) of this paragraph, prohibits the use of

16 paraprofessionals who are appropriately trained and

17 supervised, in meeting the requirements of this part.

18 ‘‘(16) PERFORMANCE GOALS AND INDICA19 TORS.—The State—

20 ‘‘(A) has established goals for the perform21 ance of children with disabilities in the State

22 that—

23 ‘‘(i) will promote the national policy

24 stated in section 601(b) and the purposes

25 of this Act stated in section 601(d)(1); and
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•HR 1986 IH

1 ‘‘(ii) are consistent, to the maximum

2 extent appropriate, with other goals and

3 standards established by the State, includ4 ing those established under the Goals

5 2000: Educate America Act, the Elemen6 tary and Secondary Education Act of

7 1965, the School-to-Work Opportunities

8 Act of 1994, and other relevant programs;

9 ‘‘(B) has established performance indica10 tors the State will use to assess progress toward

11 achieving those goals that, at a minimum, ad12 dress the performance of children with disabil13 ities on assessments; drop-out rates; and grad14 uation rates;

15 ‘‘(C) will report to the Secretary and the

16 public on the progress of the State, and of chil17 dren with disabilities in the State, toward meet18 ing the goals established under subparagraph

19 (A) every two years; and

20 ‘‘(D) based on its assessment of that

21 progress, will revise its State Improvement Plan

22 under part C as may be needed to improve its

23 performance, if it receives funds under that

24 part.
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1 ‘‘(17) PARTICIPATION IN ASSESSMENTS.—(A)(i)

2 Children with disabilities are included in general

3 State and district-wide assessment programs, with

4 appropriate accommodations, where necessary; and

5 ‘‘(ii) as appropriate, the State or local edu6 cational agency—

7 ‘‘(I) develops guidelines for the participa8 tion of children with disabilities in alternate as9 sessments for those children who cannot partici10 pate in State and district-wide assessment pro11 grams; and

12 ‘‘(II) develops and, beginning no later than

13 July 1, 1999, conducts those alternate assess14 ments.

15 ‘‘(B) The State educational agency makes avail16 able to the public, and reports to the public with the

17 same frequency and in the same detail as it reports

18 on the assessment of nondisabled children—

19 ‘‘(i) the number of children with disabil20 ities participating in regular assessments;

21 ‘‘(ii) the number of those children partici22 pating in alternate assessments; and

23 ‘‘(iii) the performance of those children on

24 regular assessments (beginning no later than

25 July 1, 1997) and on alternate assessments (no
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1 later than July 1, 1999), when doing so would

2 be statistically sound and would not result in

3 the disclosure of performance results identifi4 able to individual children.

5 ‘‘(18) USE OF FUNDS.—Funds paid to the

6 State under this part—

7 ‘‘(A) will be expended in accordance with

8 all provisions of this part;

9 ‘‘(B) will not be commingled with State

10 funds; and

11 ‘‘(C)(i) except as provided in clause (ii),

12 will be used to supplement State, local, and

13 other Federal funds (including funds not under

14 the direct control of State or local educational

15 agencies) expended for special education and re16 lated services, and not to supplant those funds.

17 ‘‘(ii) The Secretary may waive, in part, the

18 requirements of clause (i) if the Secretary de19 termines that the State has provided clear and

20 convincing evidence that all children with dis21 abilities in the State have available a free ap22 propriate public education.

23 ‘‘(19) PUBLIC PARTICIPATION.—Before the

24 adoption of any policies and procedures needed to

25 comply with this section (including any amendments
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•HR 1986 IH

1 to those policies and procedures), there are public

2 hearings, adequate notice of the hearings, and an

3 opportunity for comment available to the general

4 public, including individuals with disabilities and

5 parents of children with disabilities.

6 ‘‘(20) STATE ADVISORY PANEL.—(A) The State

7 has an advisory panel, appointed by the Governor or

8 any other official authorized under State law to

9 make such appointments, that is representative of

10 the State population and that is composed of indi11 viduals involved in, or concerned with, the education

12 of children with disabilities, including—

13 ‘‘(i) parents of children with disabilities;

14 ‘‘(ii) individuals with disabilities;

15 ‘‘(iii) teachers;

16 ‘‘(iv) representatives of institutions of

17 higher education that prepare special education

18 and related services personnel;

19 ‘‘(v) State and local education officials;

20 ‘‘(vi) administrators of programs for chil21 dren with disabilities;

22 ‘‘(vii) representatives of other State agen23 cies involved in the financing or delivery of re24 lated services to children with disabilities; and
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•HR 1986 IH

1 ‘‘(viii) at least one representative of a voca2 tional, community, or business organization

3 concerned with the provision of transition serv4 ices to children with disabilities.

5 ‘‘(B) A majority of the members of the panel

6 are individuals with disabilities or parents of chil7 dren with disabilities.

8 ‘‘(C) The advisory panel—

9 ‘‘(i) advises the State educational agency

10 of unmet needs within the State in the edu11 cation of children with disabilities;

12 ‘‘(ii) comments publicly on any rules or

13 regulations proposed by the State regarding—

14 ‘‘(I) the education of children with

15 disabilities; and

16 ‘‘(II) the procedures for distribution

17 of funds received by the State under this

18 part;

19 ‘‘(iii) advises the State educational agency

20 in developing evaluations and reporting on data

21 to the Secretary under section 618;

22 ‘‘(iv) advises the State educational agency

23 in developing corrective action plans to address

24 findings identified in Federal monitoring re25 ports under this part; and
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•HR 1986 IH

1 ‘‘(v) advises the State educational agency

2 in developing and implementing policies relating

3 to the coordination of services for children with

4 disabilities.

5 ‘‘(b) SEA AS PROVIDER OF FAPE OR DIRECT SERV6 ICES.—If the State educational agency provides free ap7 propriate public education to children with disabilities, or

8 provides them direct services, it—

9 ‘‘(1) shall comply with any additional require10 ments of section 613(a) as if it were a local edu11 cational agency; and

12 ‘‘(2) may use funds that are otherwise available

13 to it under this part to serve those children without

14 regard to section 613(a)(3)(B) relating to excess

15 costs.

16 ‘‘(c) SUBMISSION OF INFORMATION; PRIOR STATE

17 PLANS.—(1) Except as provided in paragraph (2), a State

18 that wishes to establish its eligibility under this section

19 shall submit to the Secretary such information as the Sec20 retary may reasonably require.

21 ‘‘(2) If a State has on file with the Secretary policies

22 and procedures that demonstrate that it meets any re23 quirement of this section, including any policies and proce24 dures filed under this part as in effect before enactment

25 of the Individuals with Disabilities Education Act Amend-
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1 ments of 1995, the Secretary shall treat the State as meet2 ing that requirement.

3 ‘‘(d) SECRETARIAL APPROVAL.—(1) If the Secretary

4 determines that a State is eligible under this section, the

5 Secretary shall notify the State of that determination.

6 ‘‘(2) The Secretary shall not finally determine that

7 a State is not eligible under this section until after provid8 ing the State—

9 ‘‘(A) reasonable notice; and

10 ‘‘(B) an opportunity for a hearing.

11 ‘‘(e) ASSISTANCE UNDER OTHER FEDERAL PRO12 GRAMS.—Nothing in this Act permits a State to reduce

13 medical and other assistance available, or to alter eligi14 bility, under titles V and XIX of the Social Security Act

15 with respect to the provision of a free appropriate public

16 education for children with disabilities within the State.’’.

17 (b)(1) Section 613(d) of the IDEA is redesignated

18 as subsection (f) of section 612.

19 (2) Section 612(f) of the IDEA, as redesignated by

20 paragraph (1), is amended—

21 (A) by inserting the subsection heading ‘‘BY22 PASS FOR CHILDREN IN PRIVATE SCHOOLS.’’ after

23 ‘‘(f)’’;

24 (B) in paragraph (1)—
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1 (i) by striking out ‘‘by subsection (a)(4)’’

2 and inserting in lieu thereof ‘‘by subsection

3 (a)(10)’’; and

4 (ii) by striking out ‘‘of subsection (a)(4)’’

5 and inserting in lieu thereof ‘‘of that sub6 section’’; and

7 (C) in paragraph (2)—

8 (i) in subparagraph (A), by striking out

9 ‘‘which may not exceed’’ and all that follows

10 through the end thereof and inserting in lieu

11 thereof ‘‘that does not exceed the amount deter12 mined by dividing—

13 (i) the total amount received by the

14 State under this part; by

15 ‘‘(ii) the number of children with dis16 abilities served in the prior year as re17 ported to the Secretary under section

18 618.’’; and

19 (ii) in subparagraph (C), by striking

20 out ‘‘subsection (a)(4)’’ and inserting in

21 lieu thereof ‘‘subsection (a)(10)’’.

22 LOCAL EDUCATIONAL AGENCY ELIGIBILITY

23 SEC. 203 (a) Section 613 of the IDEA is amended

24 to read as follows:
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1 ‘‘LOCAL EDUCATIONAL AGENCY ELIGIBILITY

2 ‘‘SEC. 613 (a) LOCAL EDUCATIONAL AGENCY ELIGI3 BILITY.—A local educational agency is eligible for assist4 ance under this part for any fiscal year if it demonstrates

5 to the satisfaction of the State educational agency that

6 it meets each of the following conditions:

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

8 The local educational agency, in providing for the

9 education of children with disabilities within its ju10 risdiction, has in effect policies, procedures, and pro11 grams that are consistent with the State policies and

12 procedures established under section 612 relating

13 to—

14 ‘‘(A) the availability of a free appropriate

15 public education, under section 612(a)(1);

16 ‘‘(B) the goal of providing full educational

17 opportunity to all children with disabilities,

18 under section 612(a)(2);

19 ‘‘(C) child find, under section 612(a)(3);

20 ‘‘(D) individualized education programs,

21 under section 612(a)(4);

22 ‘‘(E) education of children in the least re23 strictive environment, under section 612(a)(5);

24 ‘‘(F) procedural safeguards, under section

25 612(a)(6);
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1 ‘‘(G) evaluation, under section 612(a)(7);

2 ‘‘(H) confidentiality, under section

3 612(a)(8);

4 ‘‘(I) transition from part H to preschool

5 programs, under section 612(a)(9); and

6 ‘‘(J) children in private schools, under sec7 tion 612(a)(10).

8 ‘‘(2) COMPREHENSIVE SYSTEM OF PERSONNEL

9 DEVELOPMENT.—The local educational agency has

10 in effect procedures for the implementation and use

11 of the State’s comprehensive system of personnel de12 velopment established under section 612(a)(14) or

13 under the State Improvement Plan developed under

14 part C of this Act, as in effect beginning with fiscal

15 year 1997.

16 ‘‘(3) USE OF FUNDS.—Funds paid to the local

17 educational agency under this part—

18 ‘‘(A) will be expended in accordance with

19 all applicable provisions of this part;

20 ‘‘(B) will be used only to pay the excess

21 costs of providing special education and related

22 services to children with disabilities;

23 ‘‘(C) will be used to supplement State,

24 local, and other Federal funds and not to sup25 plant those funds;
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1 ‘‘(D) will not be used to reduce the level of

2 expenditures for the education of children with

3 disabilities made by the local educational agen4 cy from State or local funds below the level of

5 those expenditures for the preceding fiscal year;

6 ‘‘(E) may be used, notwithstanding sub7 paragraph (B) or any other provision of this

8 part, for the costs of special education and re9 lated services provided in a regular class to a

10 child with a disability in accordance with the

11 child’s individualized education program, even if

12 one or more nondisabled children benefit from

13 those services; and

14 ‘‘(F) may be used, in accordance with sub15 section (f) and notwithstanding subparagraph

16 (B) or any other provision of this part, to de17 velop and implement a coordinated services sys18 tem.

19 ‘‘(4) INFORMATION FOR STATE EDUCATIONAL

20 AGENCY.—The local educational agency provides the

21 State educational agency information necessary to

22 enable the State educational agency to perform its

23 duties under this part, including, with respect to sec24 tion 612(a) (16) and (17), information relating to
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1 the performance of children with disabilities partici2 pating in programs carried out under this part.

3 ‘‘(5) PUBLIC INFORMATION.—The local edu4 cational agency makes available to parents of chil5 dren with disabilities and to the general public all

6 documents relating to its eligibility under this part.

7 ‘‘(6) SUPPORTS FOR THE TEACHER.—At the

8 start of each school year, and as often as appro9 priate, the local educational agency considers what

10 supports are needed for each teacher of children

11 with disabilities in order to help them implement

12 those children’s individualized education programs.

13 ‘‘(b) SUBMISSION OF INFORMATION; PRIOR LEA AP14 PLICATIONS.—(1) Except as provided in paragraph (2),

15 a local educational agency that wishes to establish its eligi16 bility under this section shall submit to the State edu17 cational agency information demonstrating that it meets

18 the requirements of subsection (a).

19 ‘‘(2) If a local educational agency or State agency has

20 on file with the State educational agency policies and pro21 cedures that meet any requirement of this section, includ22 ing any policies, procedures, or applications filed under

23 this part as in effect before enactment of the Individuals

24 with Disabilities Education Act Amendments of 1995, the
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1 State educational agency may treat the agency as meeting

2 that requirement.

3 ‘‘(c) STATE EDUCATIONAL AGENCY APPROVAL.—

4 (1)(A) If the State educational agency determines that a

5 local educational agency or State agency is eligible under

6 this section, the State educational agency shall notify the

7 agency of that determination.

8 ‘‘(B) A State educational agency shall not give the

9 notice described in subparagraph (A) until the Secretary

10 has notified the State educational agency that the State

11 is eligible under section 612.

12 ‘‘(2) The State educational agency shall not finally

13 determine that a local educational agency or State agency

14 is not eligible under this section until after providing the

15 agency—

16 ‘‘(A) reasonable notice; and

17 ‘‘(B) an opportunity for a hearing.

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

19 (1) If the State educational agency, after reasonable notice

20 and an opportunity for a hearing, finds that a local edu21 cational agency or State agency that has been found eligi22 ble under this section is failing to comply with any require23 ment described in subsection (a), it shall make no further

24 payments to the agency under section 620 until the State
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1 educational agency is satisfied that the agency is comply2 ing with that requirement.

3 ‘‘(2) The last sentence of section 616(a) applies to

4 any agency that receives a notice from the State edu5 cational agency under this subsection.

6 ‘‘(3) In carrying out its responsibilities under para7 graph (1), the State educational agency shall consider any

8 decision made in a hearing held under section 615 that

9 is adverse to the local educational agency or State agency

10 involved in that decision.

11 ‘‘(e) JOINT ESTABLISHMENT OF ELIGIBILITY.—(1)

12 A State educational agency may require a local edu13 cational agency to establish its eligibility jointly with an14 other local educational agency if the State educational

15 agency determines that the local educational agency would

16 be ineligible under this section because—

17 ‘‘(A) it would not be able to establish and main18 tain programs of sufficient size and scope to effec19 tively meet the needs of children with disabilities; or

20 ‘‘(B) it does not qualify for the minimum grant

21 under section 611(d)(1), if the State elects to use its

22 authority under that section.

23 ‘‘(2)(A) If a State educational agency requires the

24 joint establishment of eligibility under paragraph (1), the

25 total amount of funds made available to the affected local
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1 educational agencies shall equal the sum of the payments

2 that each such local educational agency would have re3 ceived under section 611(c) if they were eligible for such

4 payments.

5 ‘‘(B) Local educational agencies that establish joint

6 eligibility under this subsection shall—

7 ‘‘(i) adopt policies and procedures that are con8 sistent with the State’s policies and procedures

9 under section 612(a); and

10 ‘‘(ii) be jointly responsible for implementing

11 programs receiving assistance under this part.

12 ‘‘(C)(i) If an intermediate educational unit is re13 quired by State law to carry out this part, the joint re14 sponsibilities given to local educational agencies under

15 subparagraph (B)(ii) shall—

16 ‘‘(I) not apply to the administration and dis17 bursement of any payments received by that unit;

18 and

19 ‘‘(II) be carried out only by that unit.

20 ‘‘(ii) Nothing in clause (i) or elsewhere in this sub21 section relieves an intermediate educational unit of its re22 sponsibility to provide for the education of children with

23 disabilities in the least restrictive environment, as required

24 by section 612(a)(5) and subsection (a)(1)(E) of this sec25 tion.
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1 ‘‘(f) COORDINATED SERVICES SYSTEM.—(1) A local

2 educational agency may use up to five percent of the

3 amount it receives under this part for any fiscal year, in

4 combination with other funds (which shall include funds

5 other than education funds), to develop and implement a

6 coordinated services system designed to improve results

7 for children and families, including children with disabil8 ities and their families.

9 ‘‘(2) Activities that a local educational agency may

10 carry out under this subsection include—

11 ‘‘(A) improving the effectiveness and efficiency

12 of service delivery, including developing strategies

13 that promote accountability for results;

14 ‘‘(B) service coordination and case management

15 that facilitates the linkage of individualized edu16 cation programs under this part and individualized

17 family service plans under part H with individual18 ized service plans under multiple Federal and State

19 programs, such as title I of the Rehabilitation Act

20 of 1973 (vocational rehabilitation), title XIX of the

21 Social Security Act (Medicaid), and title XVI of the

22 Social Security Act (supplemental security income);

23 ‘‘(C) developing and implementing interagency

24 financing strategies for the provision of education,

25 health, mental health, and social services, including
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1 transition services and related services under this

2 Act; and

3 ‘‘(D) interagency personnel development for

4 those working on coordinated services.

5 ‘‘(3) If a local educational agency is carrying out a

6 coordinated services project under title XI of the Elemen7 tary and Secondary Education Act of 1965 and a coordi8 nated services project under this part in the same schools,

9 it shall use funds under this subsection in accordance with

10 that title.

11 ‘‘(g) DIRECT SERVICES BY THE STATE EDU12 CATIONAL AGENCY.—(1) A State educational agency shall

13 use the payments that would otherwise have been available

14 to a local educational agency or to a State agency to pro15 vide special education and related services directly to chil16 dren with disabilities residing in the area served by that

17 local agency, or for whom that State agency is responsible,

18 if the State educational agency determines that the agen19 cy—

20 ‘‘(A) has not provided the information needed

21 to establish its eligibility under this section;

22 ‘‘(B) is unable to establish and maintain pro23 grams of free appropriate public education that meet

24 the requirements of subsection (a) of this section;
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•HR 1986 IH

1 ‘‘(C) is unable or unwilling to be consolidated

2 with other local educational agencies in order to es3 tablish and maintain such programs; or

4 ‘‘(D) has one or more children with disabilities

5 who can best be served by a regional or State pro6 gram or service delivery system designed to meet the

7 needs of those children.

8 ‘‘(2) The State educational agency may provide spe9 cial education and related services under paragraph (1)

10 in such manner and at such locations (including regional

11 or State centers) as it considers appropriate, so long as

12 the education and services are provided in accordance with

13 this part.

14 ‘‘(h) STATE AGENCY ELIGIBILITY.—Any State agen15 cy that desires to receive a subgrant for any fiscal year

16 under section 611(c) or section 619(i) shall demonstrate

17 to the satisfaction of the State educational agency that—

18 ‘‘(1) all children with disabilities who are par19 ticipating in programs and projects funded under

20 this part receive a free appropriate public education,

21 and that those children and their parents are pro22 vided all the rights and procedural safeguards de23 scribed in this part; and

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

25 this section as the Secretary finds appropriate.’’.
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1 (b) Section 614A of the IDEA is repealed.

2 EVALUATIONS, REEVALUATIONS, INDIVIDUALIZED

3 EDUCATION PROGRAMS, AND EDUCATIONAL PLACEMENTS

4 SEC. 204. Section 614 of the IDEA is amended to

5 read as follows:

6 ‘‘EVALUATIONS REEVALUATIONS, INDIVIDUALIZED

7 EDUCATION PROGRAMS, AND EDUCATIONAL PLACEMENTS

8 ‘‘SEC. 614. (a) EVALUATIONS.—

9 ‘‘(1) INITIAL EVALUATIONS.—(A) A State edu10 cational agency, other State agency, or local edu11 cational agency shall conduct an initial evaluation, in

12 accordance with this paragraph and subsection (b),

13 before the initial provision of special education and

14 related services to a child with a disability.

15 ‘‘(B) An initial evaluation shall consist of proce16 dures to—

17 ‘‘(i) determine whether a child is a child

18 with a disability as defined in section 602(3);

19 and

20 ‘‘(ii) determine the child’s educational

21 needs.

22 ‘‘(2) REEVALUATIONS.—(A) A local educational

23 agency shall ensure that a reevaluation of each child

24 with a disability is conducted—

25 ‘‘(i) whenever conditions warrant a re26 evaluation;
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1 ‘‘(ii) whenever the child’s parent or teacher

2 requests a reevaluation; and

3 ‘‘(iii) at least once every three years.

4 ‘‘(B) Each reevaluation shall be conducted in

5 accordance with subsections (b) and (c) of this sec6 tion.

7 ‘‘(b) EVALUATION PROCEDURES.—(1) The local edu8 cational agency shall provide notice to the parents of a

9 child with a disability, in accordance with section

10 615(b)(3), (b)(4), and (c), that describes any evaluation

11 procedures it proposes to conduct.

12 ‘‘(2) In conducting the evaluation, the local edu13 cational agency shall—

14 ‘‘(A) use a variety of assessment tools and

15 strategies to gather relevant functional and devel16 opmental information that may assist in determining

17 whether the child is a child with a disability and the

18 content of the child’s individualized education pro19 gram, including information related to enabling the

20 child to participate and achieve in the general cur21 riculum or, for preschool children, in developmen22 tally appropriate activities; and

23 ‘‘(B) not use any single procedure as the sole

24 criterion for determining—
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1 ‘‘(i) whether a child is a child with a dis2 ability; or

3 ‘‘(ii) an appropriate educational program

4 for the child.

5 ‘‘(3) Each local educational agency shall ensure

6 that—

7 ‘‘(A) tests and other evaluation materials used

8 to assess a child under this section are—

9 ‘‘(i) selected and administered so as not to

10 be racially or culturally discriminatory; and

11 ‘‘(ii) provided and administered in the

12 child’s native language or other mode of com13 munication, unless it is clearly not feasible to

14 do so; and

15 ‘‘(B) any standardized tests that are given to

16 the child—

17 ‘‘(i) have been validated for the specific

18 purpose for which they are used;

19 ‘‘(ii) are administered by trained person20 nel; and

21 ‘‘(iii) are administered in accordance with

22 any instructions provided by their producer.

23 ‘‘(c) ADDITIONAL REQUIREMENTS FOR REEVALUA24 TIONS.—(1) As part of any reevaluation under this sec25 tion, the evaluation team shall—
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1 ‘‘(A) review existing evaluation data on the

2 child, including current classroom-based assessments

3 and teacher observation; and

4 ‘‘(B) on the basis of that review, the team’s

5 professional judgment, and input from the child’s

6 parents, identify what additional data, if any, are

7 needed to determine—

8 ‘‘(i) whether the child continues to have an

9 impairment under section 602 (3) (A) (i);

10 ‘‘(ii) the child’s present levels of perform11 ance and educational needs; and

12 ‘‘(iii)(I) whether the child continues to

13 need special education and related services; and

14 ‘‘(II) if so, any additions or modifications

15 to the special education and related services to

16 enable the child to meet the objectives set out

17 in the child’s individualized education program

18 and to participate, as appropriate, in the gen19 eral curriculum.

20 ‘‘(2) The local educational agency shall administer

21 such tests and other evaluation materials as may be need22 ed to produce the data identified by the evaluation team

23 under paragraph (1)(B).

24 ‘‘(3) If the evaluation team determines that no addi25 tional data are needed to determine whether the child con-
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1 tinues to be a child with a disability, the local educational

2 agency—

3 ‘‘(A) shall notify the child’s parents of—

4 ‘‘(i) that determination and the reasons for

5 it; and

6 ‘‘(ii) their right to request an assessment

7 to determine whether the child continues to be

8 a child with a disability; and

9 ‘‘(B) is not required to conduct such an assess10 ment unless requested to by the parents.

11 ‘‘(d) INDIVIDUALIZED EDUCATION PROGRAMS.—

12 (1)(A) At the beginning of each school year, each public

13 agency shall have in effect, for each child with a disability

14 in its jurisdiction, an individualized education program

15 (hereafter in this section referred to as an ‘‘IEP’’), as de16 fined in section 602(11).

17 ‘‘(B) In the case of a child with a disability aged

18 three, four, or five, an individualized family service plan

19 that contains the material described in section 676(d), and

20 that is developed in accordance with this section, may

21 serve as the child’s IEP if using that plan as the IEP

22 is—

23 ‘‘(i) consistent with State policy; and

24 ‘‘(ii) agreed to by the agency and the child’s

25 parents.
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1 ‘‘(2) Each IEP referred to in paragraph (1) shall be

2 developed in a meeting by a team (hereafter in this section

3 referred to as the ‘‘IEP team’’), composed of—

4 ‘‘(A) a representative of the local educational

5 agency who is—

6 ‘‘(i) qualified to provide, or supervise the

7 provision of, specially designed instruction to

8 meet the unique needs of children with disabil9 ities; and

10 ‘‘(ii) knowledgeable about the general cur11 riculum;

12 ‘‘(B) at least one special education provider;

13 ‘‘(C) at least one regular education teacher, if

14 the student is, or may be, participating in the regu15 lar education environment;

16 ‘‘(D) the child’s parents;

17 ‘‘(E) whenever appropriate, the child; and

18 ‘‘(F) other individuals, at the discretion of the

19 parent or the agency.

20 ‘‘(3) In developing an IEP, the IEP team shall—

21 ‘‘(A) consider the child’s strengths and the par22 ents’ concerns for enhancing their child’s education;

23 ‘‘(B) consider the results of the initial evalua24 tion or most recent reevaluation;
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1 ‘‘(C) in the case of a child whose behavior im2 pedes his or her learning or that of others, consider

3 strategies, including behavioral management plans,

4 to address that behavior;

5 ‘‘(D) in the case of a child with limited English

6 proficiency, consider the language needs of the child

7 as they relate to the child’s IEP;

8 ‘‘(E) in the case of a child who is blind or vis9 ually impaired, consider whether the child needs in10 struction in braille or in the use of braille; and

11 ‘‘(F) in the case of a child who is deaf or hard

12 of hearing, consider the communication needs of the

13 child.

14 ‘‘(4) The local educational agency shall ensure that

15 the IEP team—

16 ‘‘(A) reviews each IEP at least once a year to

17 determine whether the annual objectives for the

18 child are being achieved; and

19 ‘‘(B) revises the IEP to address any lack of ex20 pected progress toward the annual objectives and in

21 the general curriculum, where appropriate; the re22 sults of any reevaluation conducted under this sec23 tion; information about the child provided to the

24 parents under section 602(11)(G)(ii); the child’s an25 ticipated needs; or as otherwise appropriate.
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1 ‘‘(5) If a participating agency, other than the local

2 educational agency, fails to provide the transition services

3 described in the IEP in accordance with section

4 602(11)(F)(ii), the local educational agency shall recon5 vene the IEP team to identify alternative strategies to

6 meet the transition objectives for the student set out in

7 that program.

8 ‘‘(e) PLACEMENTS.—Each public 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 PROCEDURAL SAFEGUARDS

13 SEC. 205. (a) Section 615 of the IDEA is amended—

14 (1) by redesignating subsections (c) through (f)

15 as subsections (f) through (i), respectively; and

16 (2) by redesignating subsection (b)(2) as sub17 section (e).

18 (b) Section 615(a) of the IDEA is amended—

19 (1) by striking out ‘‘Any State educational

20 agency, any local educational agency, and any inter21 mediate educational unit which’’ and inserting in

22 lieu thereof ‘‘Any State educational agency or local

23 educational agency that’’;

24 (2) by striking out ‘‘subsection (b) through sub25 section (e) of’’;

26 (3) by striking out ‘‘or guardians’’; and
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1 (4) by striking out ‘‘and units’’.

2 (c) Section 615(b) of the IDEA is amended—

3 (1) by striking out the paragraph designation

4 ‘‘(1)’’;

5 (2) by redesignating subparagraphs (A) through

6 (E) as paragraphs (1) through (4) and (6), respec7 tively;

8 (3) in paragraph (1), as so redesignated, by

9 striking out ‘‘our guardian’’;

10 (4) in paragraph (2), as redesignated by para11 graph (2)—

12 (A) by striking out ‘‘or guardian’’ each

13 place it appears;

14 (B) by striking out ‘‘unavailable’’ and in15 serting in lieu thereof ‘‘the agency cannot, after

16 reasonable efforts, locate the parents’’;

17 (C) by inserting ‘‘the’’ before ‘‘local edu18 cational agency’’; and

19 (D) by striking out ‘‘intermediate edu20 cational unit’’ and inserting in lieu thereof ‘‘any

21 other agency that is’’;

22 (5) in paragraph (3), as redesignated by para23 graph (2)—

24 (A) by striking out ‘‘our guardian’’;

25 (B) by striking out ‘‘or unit’’;
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1 (C) by inserting a comma and ‘‘in accord2 ance with subsection (c),’’ after ‘‘of the child’’;

3 and

4 (D) by redesignating clauses (i) and (ii) as

5 subparagraphs (A) and (B);

6 (6) in paragraph (4), as redesignated by para7 graph (2)—

8 (A) by striking out ‘‘clause (C)’’ and all

9 that follows through ‘‘or guardian,’’ and insert10 ing in lieu thereof ‘‘paragraph (3) and sub11 section (c) is’’;

12 (B) by striking out ‘‘or guardian’s’’; and

13 (C) by striking out ‘‘so,’’ and all that fol14 lows through the end thereof and inserting in

15 lieu thereof ‘‘so;’’ and

16 (7) by inserting after paragraph (4) a new

17 paragraph (5) to read as follows:

18 ‘‘(5) an opportunity for mediation in accordance

19 with subsection (d); and’’.

20 (d) Section 615 of the IDEA is further amended by

21 inserting, after subsection (b), new subsections (c) and (d)

22 to read as follows:

23 ‘‘(c) CONTENT OF NOTICE.—

24 ‘‘(1) BASIC NOTICE.—The notice required by

25 subsection (b)(3) shall—
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1 ‘‘(A) include—

2 ‘‘(i) a description of the action pro3 posed or refused by the agency;

4 (ii) an explanation of why the agency

5 proposed or refuses to take the action; and

6 ‘‘(iii) a description of any other op7 tions that the agency considered and the

8 reasons why those options were rejected;

9 ‘‘(B) describe each evaluation procedure,

10 test, record, or report the agency used as a

11 basis for the proposed or refused action;

12 ‘‘(C) describe any other factors that are

13 relevant to the agency’s proposal or refusal;

14 ‘‘(D) include a full explanation of the pro15 cedural safeguards available under this section,

16 and under the Secretary’s regulations, relating

17 to independent educational evaluations, notice,

18 parental consent, mediation, and the child’s

19 placement during the pendency of due-process

20 proceedings;

21 ‘‘(E) include at least a brief summary of

22 the procedural safeguards under this section re23 lating to due-process hearings, State-level ap24 peals (if applicable in that State), civil actions,

25 and attorney fees; and
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1 ‘‘(F) include a statement that the agency

2 will provide a full explanation of the procedural

3 safeguards available to parents under this sec4 tion, and under the Secretary’s regulations, re5 lating to—

6 ‘‘(i) access to educational records,

7 whenever requested by the parents; and

8 ‘‘(ii) the subjects described in sub9 paragraph (E) whenever the parents re10 quest that notice or present a complaint

11 under subsection (b)(6).

12 ‘‘(2) SUPPLEMENTAL NOTICES.—Each State

13 educational agency and local educational agency that

14 receives assistance under this part shall provide the

15 notices described in paragraph (1)(F) in the situa16 tions described in that provision.

17 ‘‘(d) MEDIATION.—(1) Whenever a hearing has been

18 requested on any matter in dispute under this section and

19 the dispute has not been finally resolved, the parents shall

20 be offered an opportunity for mediation to resolve the dis21 pute.

22 ‘‘(2) Each State educational agency shall—

23 ‘‘(A) ensure that impartial mediation is pro24 vided at no cost to parents when requested under

25 paragraph (1);
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1 ‘‘(B) compile and maintain a list of individuals

2 who are—

3 ‘‘(i) trained in mediation; and

4 ‘‘(ii) knowledgeable about—

5 ‘‘(I) the educational needs of children

6 with disabilities; and

7 ‘‘(II) applicable statutes and regula8 tions relating to the educational rights of

9 those children, including the requirements

10 of this part and the Secretary’s regulations

11 under this part; and

12 ‘‘(C) ensure that mediators are appointed from

13 that list.

14 ‘‘(3) No statements made by either party during me15 diation under this subsection shall be offered or used as

16 evidence in any hearing, review of a hearing decision, or

17 civil action under this section.

18 ‘‘(4) A public agency may not use mediation to deny

19 or delay the parents’ right to a due-process hearing under

20 subsection (e) or to deny the parents any other rights af21 forded under this part.

22 ‘‘(5) Mediation may be ended—

23 ‘‘(A) by the parents at any time; and

24 ‘‘(B) by the participating agency at any time

25 after the first mediation session.
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1 ‘‘(6) The mediator shall ensure that any agreement

2 that is reached as a result of mediation is put in writing.’’.

3 (e) Subsection (e) of section 615 of the IDEA, as re4 designated by subsection (a)(2), is amended—

5 (1) by striking out ‘‘paragraph (1) of this sub6 section,’’ and inserting in lieu thereof ‘‘subsection

7 (b)(6)’’;

8 (2) by striking out ‘‘or guardian’’;

9 (3) by striking out ‘‘or intermediate educational

10 unit’’;

11 (4) by striking out ‘‘this paragraph’’ and insert12 ing in lieu thereof ‘‘this subsection’’; and

13 (5) by striking out ‘‘or unit’’.

14 (f) Subsection (f) of section 615 of the IDEA, as re15 designated by subsection (a)(1), is amended—

16 (1) by striking out ‘‘paragraph (2) of subsection

17 (b)’’ and inserting in lieu thereof ‘‘subsection (e)’’;

18 and

19 (2) by striking out ‘‘or an intermediate edu20 cational unit’’.

21 (g) Subsection (g) of section 615 of the IDEA, as

22 redesignated by subsection (a)(1), is amended—

23 (1) by striking out ‘‘subsections (b) and (c)’’

24 and inserting in lieu thereof ‘‘subsections (e) and

25 (f)’’; and
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1 (2) by striking out ‘‘section 613(a)(12)’’ and in2 serting in lieu thereof ‘‘section 612(a)(20)’’.

3 (h) Subsection (h) of section 615 of the IDEA, as

4 redesignated by subsection (a)(1), is amended—

5 (1) in paragraph (1)—

6 (A) by striking out ‘‘paragraph (2) of sub7 section (b)’’ and inserting in lieu thereof ‘‘sub8 section (e)’’; and

9 (B) by striking out ‘‘subsection (c)’’ each

10 place it appears and inserting in lieu thereof

11 ‘‘subsection (f)’’;

12 (2) in paragraph (2)—

13 (A) by striking out ‘‘subsection (b)’’ and

14 inserting in lieu thereof ‘‘subsection (e)’’; and

15 (B) by striking out ‘‘subsection (c)’’ each

16 place it appears and inserting in lieu thereof

17 ‘‘subsection (f)’’;

18 (3) in paragraph (3)—

19 (A) in subparagraph (A)—

20 (i) by striking out ‘‘subparagraph

21 (B)’’ and inserting in lieu thereof ‘‘sub22 paragraphs (B) and (C)’’; and

23 (ii) by striking out ‘‘or guardian’’

24 each place it appears;

25 (B) in subparagraph (B)—
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1 (i) in clause (ii), by striking out ‘‘indi2 viduals described in section 602(a)(20)’’

3 and inserting in lieu thereof ‘‘IEP team

4 described in section 614(d)(2)’’;

5 (ii) in clause (iii)—

6 (I) by striking out ‘‘or guardian’’;

7 (II) by striking out ‘‘paragraph

8 (2) of subsection (b)’’ and inserting in

9 lieu thereof ‘‘subsection (e)’’; and

10 (III) by inserting ‘‘State or’’ be11 fore ‘‘local educational agency’’; and

12 (iii) in clause (iv)—

13 (I) by striking out ‘‘a firearm’’

14 and inserting in lieu thereof ‘‘a dan15 gerous weapon’’; and

16 (II) by striking out ‘‘section 921’’

17 and inserting in lieu thereof ‘‘section

18 930(g)(2)’’; and

19 (C) by adding at the end thereof a new

20 subparagraph (C) to read as follows:

21 ‘‘(C)(i) A hearing officer under this section

22 may, to the same extent as a court, order a

23 change in the placement of a child with a dis24 ability to an interim alternative educational set25 ting for not more than 45 days, if the public
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1 agency demonstrates, by substantial evidence,

2 that maintaining the child in his or her current

3 placement is substantially likely to result in in4 jury to himself or herself, or to others.

5 ‘‘(ii) The State or local educational agency

6 shall arrange for an expedited hearing in any

7 case described in clause (i).

8 ‘‘(iii) If a parent of a child described in

9 clause (i) requests a hearing pursuant to sub10 section (e), the child shall remain in the alter11 native educational setting described in that

12 clause during the pendency of any proceedings

13 under this section, unless the parents and the

14 State or local educational agency agree other15 wise.’’; and

16 (4) in paragraph (4)—

17 (A) by striking out ‘‘or guardian’’ each

18 place it appears; and

19 (B) in subparagraph (G), by striking out

20 ‘‘section 615 of this Act’’ and inserting in lieu

21 thereof ‘‘this section’’.

22 (i) Subsection (i) of section 615 of the IDEA, as re23 designated by subsection (a)(1), is amended by striking

24 out ‘‘subsections (b)(2) and (c)’’ and inserting in lieu

25 thereof ‘‘subsections (e) and (f)’’.
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1 (j) Section 615 of the IDEA is further amended by

2 adding at the end thereof a new subsection (j) to read

3 as follows:

4 ‘‘(j) TRANSFER OF PARENTAL RIGHTS AT AGE OF

5 MAJORITY.—Any State that receives funds under this part

6 may provide that, when an individual with a disability

7 reaches the age of majority under State law—

8 ‘‘(1) the public agency shall provide any notice

9 required by this section to both the individual and

10 the parents;

11 ‘‘(2) all other rights accorded to parents under

12 this part transfer to the child; and

13 ‘‘(3) the agency shall notify the individual and

14 the parents of the transfer of rights.’’.

15 (k) Section 314(a)(2) of the Improving America’s

16 Schools Act of 1994 is repealed.

17 WITHHOLDING AND JUDICIAL REVIEW

18 SEC. 206. (a) Section 616(a) of the IDEA is amend19 ed—

20 (1) in the first sentence thereof—

21 (A) by striking out ‘‘or intermediate edu22 cational unit’’ and inserting in lieu thereof ‘‘or

23 State agency’’;

24 (B) in paragraph (1)—

25 (i) by inserting ‘‘by the State’’ after

26 ‘‘failure’’; and
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1 (ii) by striking out ‘‘section 612 or

2 section 613’’ and inserting in lieu thereof

3 ‘‘this part’’; and

4 (C) by striking out paragraph (2) and all

5 that follows through the end of that sentence

6 and inserting in lieu thereof the following:

7 ‘‘(2) that there is a failure to comply with any

8 condition of a local educational agency’s or State

9 agency’s eligibility under this part, the Secretary

10 shall, after notifying the State educational agency,

11 withhold any further payments to the State under

12 this part.’’;

13 (2) in the second sentence thereof—

14 (A) by striking out ‘‘clause (A) or clause

15 (B)’’ and inserting in lieu thereof ‘‘the previous

16 sentence,’’;

17 (B) by striking out ‘‘under the State

18 plan’’; and

19 (C) by striking out ‘‘intermediate edu20 cational units’’ and inserting in lieu thereof

21 ‘‘State agencies’’;

22 (3) in the third sentence thereof—

23 (A) by striking out ‘‘or under’’ and all that

24 follows through ‘‘with disabilities’’; and
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1 (B) by striking out ‘‘intermediate edu2 cational units’’ and inserting in lieu thereof

3 ‘‘State agencies’’; and

4 (4) in the fourth sentence thereof—

5 (A) by striking out ‘‘State educational

6 agency, local educational agency, or intermedi7 ate educational unit’’ and inserting in lieu

8 thereof ‘‘State educational agency, State agen9 cy, or local educational agency’’; and

10 (B) by striking out ‘‘or unit’’.

11 (b) Section 616(b)(1) of the IDEA is amended by

12 striking out ‘‘State plan submitted under section 613’’ and

13 inserting in lieu thereof ‘‘eligibility under section 612’’.

14 ADMINISTRATION

15 SEC. 207. (a) Section 617(a) of the Individuals with

16 Disabilities Education Act is amended to read as follows:

17 ‘‘(a) SECRETARY’S RESPONSIBILITIES.—In carrying

18 out this part, the Secretary shall—

19 ‘‘(1) cooperate with, and (directly or by grant

20 or contract) furnish technical assistance necessary

21 to, the State in matters relating to—

22 ‘‘(A) the education of children with disabil23 ities;

24 ‘‘(B) carrying out this part; and

25 ‘‘(2) provide short-term training programs and

26 institutes; and
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1 ‘‘(3) disseminate information about, and other2 wise promote, the education of all children with dis3 abilities in the States.’’.

4 (b) Section 617(c) of the IDEA is amended by strik5 ing out ‘‘section 438’’ and inserting in lieu thereof ‘‘sec6 tion 444’’.

7 (c) Section 617(d) of the IDEA is amended by strik8 ing out ‘‘required by subsections’’ and all that follows

9 through ‘‘this subsection’’ and inserting in lieu thereof

10 ‘‘authorized by subsection (a) of this section, section 618,

11 and part E of this Act’’.

12 EVALUATION AND PROGRAM INFORMATION

13 SEC. 208. (a) FISCAL YEAR 1996.—Section 618 of

14 the IDEA is amended—

15 (1) in subsection (e)(2), by striking out ‘‘1994’’

16 and inserting in lieu thereof ‘‘1996’’; and

17 (2) in subsection (h), by striking out ‘‘1994’’

18 and inserting in lieu thereof ‘‘1996’’.

19 (b) FISCAL YEARS BEGINNING WITH FISCAL YEAR

20 1997.—Effective on October 1, 1996, section 618 of the

21 IDEA is amended to read as follows:

22 ‘‘PROGRAM INFORMATION

23 ‘‘SEC. 618. Each State that receives assistance under

24 this part, and the Secretary of the Interior, shall provide

25 data each year to the Secretary on—
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1 ‘‘(1) the number of children who are receiv2 ing—

3 ‘‘(A) a free appropriate public education;

4 ‘‘(B) early intervention services because—

5 ‘‘(i) they have developmental delays;

6 or

7 ‘‘(ii) they have a diagnosed physical or

8 mental condition that has a high prob9 ability of resulting in developmental delay;

10 or

11 ‘‘(C) early intervention services because

12 they are at risk of having substantial devel13 opmental delays if those services are not pro14 vided and—

15 ‘‘(i) they are being served as infants

16 and toddlers with disabilities under part

17 H; or

18 ‘‘(ii) they are being served as at-risk

19 infants and toddlers under section 677;

20 ‘‘(2) the types of early intervention services pro21 vided, which may be based on a sampling of data;

22 ‘‘(3) the number of children with disabilities—

23 ‘‘(A) participating in regular education

24 programs;
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1 ‘‘(B) in separate classes, separate schools

2 or facilities, or public or private residential fa3 cilities;

4 ‘‘(C) who have been otherwise removed

5 from the regular education environment; and

6 ‘‘(D) in various early intervention settings;

7 ‘‘(4) for each year of age from 14 through 21,

8 the number of children with disabilities who, because

9 of program completion or for other reasons, stopped

10 receiving special education;

11 ‘‘(5) the number of children with disabilities,

12 from birth through two, who, because of program

13 completion or for other reasons, stopped receiving

14 early intervention services; and

15 ‘‘(6) other information required by the Sec16 retary.’’.

17 PRESCHOOL GRANTS

18 SEC. 209. Section 619 of the Individuals with Dis19 abilities Education Act is amended to read as follows:

20 ‘‘PRESCHOOL GRANTS

21 ‘‘SEC. 619. (a) PURPOSE OF GRANTS.—The Sec22 retary shall make grants under this section to assist

23 States and the outlying areas to provide special education

24 and related services, in accordance with this part—

25 ‘‘(1) to children with disabilities aged three,

26 four, and five; and
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1 ‘‘(2) at the State’s discretion, to 2-year-old chil2 dren with disabilities who will turn three during the

3 school year.

4 ‘‘(b) ELIGIBILITY.—A State or outlying area is eligi5 ble for a grant under this section if it—

6 ‘‘(1) has established its eligibility under section

7 612; and

8 ‘‘(2) makes a free appropriate public education

9 available to all children with disabilities, aged three

10 through five, residing in its jurisdiction.

11 ‘‘(c) HOLD-HARMLESS PAYMENTS.—(1) From the

12 amount appropriated for any fiscal year under subsection

13 (m), the Secretary shall allocate to each eligible State and

14 outlying area the amount it received for fiscal year 1995

15 under this section, as then in effect.

16 ‘‘(2)(A) If the sums available to make allocations to

17 States and outlying areas under this section are insuffi18 cient to make the full allocations described in paragraph

19 (1), the Secretary shall—

20 ‘‘(i) first, reduce the allocation of any State

21 whose number of children aged three through five is

22 less than the number of those children in fiscal year

23 1995 by the same percentage by which that number

24 declined from 1995; and
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1 ‘‘(ii) second, if necessary, ratably reduce the al2 locations of all States, including those allocations re3 duced under clause (i).

4 ‘‘(B) If additional funds become available to make al5 locations under this section, the allocations that were re6 duced under subparagraph (A) shall be increased on the

7 same basis as they were reduced.

8 ‘‘(d) ALLOCATION OF REMAINING FUNDS.—(1) After

9 making allocations under subsection (c), the Secretary

10 shall allocate any remaining funds to eligible States and

11 outlying areas on the basis of their relative population of

12 children aged 3 through 5.

13 ‘‘(2) Notwithstanding any other provision of this sec14 tion, the percentage of funds appropriated under this sec15 tion for any fiscal year that is allocated to the Common16 wealth of Puerto Rico shall not exceed the percentage allo17 cated to Puerto Rico of all funds appropriated under this

18 section for fiscal year 1995, as then in effect.

19 ‘‘(e) DETERMINATION OF POPULATION FIGURES.—

20 For the purpose of making grants under this section, the

21 Secretary shall use the most recent population data that

22 are available and satisfactory to the Secretary.

23 ‘‘(f) STATE-LEVEL ACTIVITIES.—

24 (1) GENERAL.—Each State may retain up to

25 25 percent of the grant it receives under this section
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1 for administration and other State-level activities in

2 accordance with subsections (g) and (h).

3 ‘‘(2) INAPPLICABILITY OF CERTAIN REQUIRE4 MENTS.—A State may use funds it retains under

5 paragraph (1) without regard to—

6 ‘‘(A) the prohibition on commingling of

7 funds in section 612(a)(18)(B); and

8 ‘‘(B) the prohibition on supplanting other

9 funds in section 612(a)(18)(C)(i).

10 ‘‘(g) STATE ADMINISTRATION.—(1) Each State and

11 outlying area may use up to five percent of the grant it

12 receives under this section for any fiscal year for the pur13 pose of administering this part, including the coordination

14 of activities under this part with, and providing technical

15 assistance to, other programs that provide services to chil16 dren with disabilities.

17 ‘‘(2) Funds described in paragraph (1) may also be

18 used for the administration of part H of this Act, if the

19 State educational agency is the lead agency for the State

20 under that part.

21 ‘‘(h) OTHER STATE-LEVEL ACTIVITIES.—Each State

22 shall use any funds it retains under subsection (f) and

23 does not use for administration under subsection (g)—

24 ‘‘(1) for support services (including establishing

25 and implementing the mediation process required by
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1 section 615(d)), which may benefit children with dis2 abilities younger than three and older than five as

3 long as those services also benefit children with dis4 abilities aged three through five;

5 ‘‘(2) for direct services for children eligible for

6 services under this section;

7 ‘‘(3) to develop a State Improvement Plan

8 under part C;

9 ‘‘(4) for activities at the State and local levels

10 to meet the performance goals established by the

11 State under section 612(a)(16) and to support im12 plementation of the State Improvement Plan under

13 part C if the State receives funds under that part;

14 or

15 ‘‘(5) to supplement other funds used to develop

16 and implement a Statewide coordinated services sys17 tem designed to improve results for children and

18 families, including children with disabilities and their

19 families, but not to exceed one percent of the

20 amount received by the State under this section.

21 ‘‘(i) SUBGRANTS TO LOCAL EDUCATIONAL AGEN22 CIES.—

23 (1) REQUIREMENT TO MAKE SUBGRANTS.—

24 Each State that receives a grant under this section

25 for any fiscal year shall distribute at least 75 per-
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1 cent of the grant funds to local educational agencies

2 in the State, and to State agencies that received

3 funds under section 614A(a) for fiscal year 1995,

4 that have established their eligibility under section

5 613 of this part.

6 ‘‘(2) METHODS OF DISTRIBUTION.—A State

7 may distribute funds under paragraph (1) on the

8 basis of—

9 ‘‘(A) population;

10 ‘‘(B) school enrollment;

11 ‘‘(C) numbers of children with disabilities

12 aged three through five receiving a free appro13 priate public education;

14 ‘‘(D) allocations for previous fiscal years;

15 ‘‘(E) any two or more of the factors de16 scribed in subparagraphs (A) through (D); or

17 ‘‘(F) poverty, in combination with one or

18 more of the factors described in subparagraphs

19 (A) through (D).

20 ‘‘(j) PART H INAPPLICABLE.—Part H of this Act

21 does not apply to any child with a disability receiving a

22 free appropriate public education, in accordance with this

23 part, with funds received under this section.

24 ‘‘(k) OUTLYING AREAS.—The provisions of Public

25 Law 95–134, permitting the consolidation of grants to the
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1 outlying areas, shall not apply to funds those areas receive

2 under this section.

3 ‘‘(l) DEFINITION OF ‘STATE’.—For the purpose of

4 this section, the term ‘State’ means each of the 50 States,

5 the District of Columbia, and the Commonwealth of Puer6 to Rico.

7 ‘‘(m) AUTHORIZATION OF APPROPRIATIONS.—For

8 the purpose of carrying out this section, there are author9 ized to be appropriated such sums as may be necessary.’’.

10 PAYMENTS

11 SEC. 210. Section 620 of the IDEA is amended to

12 read as follows:

13 ‘‘PAYMENTS

14 ‘‘SEC. 620. (a) PAYMENTS TO STATES.—The Sec15 retary shall make payments to each State that has dem16 onstrated its eligibility under section 612, in amounts that

17 the Secretary determines under sections 611 and 619.

18 ‘‘(b) PAYMENTS TO LOCAL EDUCATIONAL AGENCIES

19 AND STATE AGENCIES.—Any State educational agency re20 ceiving payments under this section shall distribute pay21 ments to local educational agencies (and to State agencies

22 that received funds under section 614A for fiscal year

23 1995) in the State that the State educational agency has

24 determined are eligible under section 613, in amounts de25 termined under sections 611 and 619.’’.
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1 TITLE III—DISCRETIONARY PROGRAMS

2 ONE-YEAR EXTENSION

3 SEC. 301. (a) PART C—CENTERS AND SERVICES TO

4 MEET SPECIAL NEEDS OF INDIVIDUALS WITH DISABIL5 ITIES.—Part C of the IDEA is amended—

6 (1) in section 625(a)(6)—

7 (A) in the second sentence thereof, by

8 striking out ‘‘1994’’ and inserting in lieu there9 of ‘‘1996’’; and

10 (B) by striking out the third sentence

11 thereof; and

12 (2) in each of subsections (a) through (h) of

13 section 628, by striking out ‘‘fiscal year 1994’’ and

14 inserting in lieu thereof ‘‘each of the fiscal years

15 1994 through 1996’’.

16 (b) PART D—TRAINING PERSONNEL FOR THE EDU17 CATION OF INDIVIDUALS WITH DISABILITIES.—(1) Each

18 of paragraphs (1) through (4) of section 635(a) of the

19 IDEA is amended by striking out ‘‘fiscal year 1994’’ and

20 inserting in lieu thereof ‘‘each of the fiscal years 1994

21 through 1996’’.

22 (2) Section 635(a) of the IDEA is further amended

23 in each of paragraphs (1) and (3) by striking out

24 ‘‘631(d)’’ and inserting in lieu thereof ‘‘631(e)’’.
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1 (c) PART E—RESEARCH IN THE EDUCATION OF IN2 DIVIDUALS WITH DISABILITIES.—Section 643 of the

3 IDEA is amended by striking out ‘‘fiscal year 1994’’ and

4 inserting in lieu thereof ‘‘each of the fiscal years 1994

5 through 1996’’.

6 (d) PART F—INSTRUCTIONAL MEDIA FOR INDIVID7 UALS WITH DISABILITIES.—Section 653 of the IDEA is

8 amended by striking out ‘‘fiscal year 1994’’ and inserting

9 in lieu thereof ‘‘each of the fiscal years 1994 through

10 1996’’.

11 (e) PART G—TECHNOLOGY, EDUCATIONAL MEDIA,

12 AND MATERIALS FOR INDIVIDUALS WITH DISABIL13 ITIES.—Section 662 of the IDEA is amended by striking

14 out ‘‘fiscal year 1994’’ and inserting in lieu thereof ‘‘each

15 of the fiscal years 1994 through 1996’’.

16 (f) CROSS-REFERENCES.—For the purpose of carry17 ing out parts C through G of the IDEA with funds appro18 priated for fiscal year 1996, references in those parts to

19 any provision of parts A, B, or H of the IDEA shall be

20 regarded as references to those provisions as in effect be21 fore enactment of this Act.

22 REAUTHORIZATION OF DISCRETIONARY PROGRAMS

23 SEC. 302. Effective October 1, 1996, parts C through

24 G of the IDEA are amended to read as follows:
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1 ‘‘PART C—STATE IMPROVEMENT

2 ‘‘FINDINGS

3 ‘‘SEC. 621. The Congress finds as follows:

4 ‘‘(1) Many of the critical barriers to improving

5 educational results for children with disabilities are

6 caused by statewide and systemic problems, such as

7 the exclusion of children with disabilities from State8 wide assessments, lack of access to regular education

9 programs, and finance systems that promote inap10 propriate placements;

11 ‘‘(2) Previous efforts to improve the education

12 of children with disabilities have achieved some good

13 results. However, federally funded efforts have fo14 cused either on specific disabilities or programs and

15 have not focused on improvement of results for chil16 dren with all disabilities at all age levels. Further,

17 most Federal categorical program resources have not

18 concentrated on State and local agencies’ efforts to

19 improve implementation of parts B and H of this

20 Act.

21 ‘‘(3) State and local agencies are generally in

22 the best position to develop their own comprehensive

23 strategies for improving results for children with dis24 abilities in the context of their overall State edu25 cation improvement efforts.
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1 ‘‘(4) Educational systems that effectively serve

2 children with disabilities—

3 ‘‘(A) have goals for the performance of

4 children with disabilities and performance indi5 cators to measure progress toward those goals;

6 identify the needs that must be addressed to

7 meet those goals; and develop effective strate8 gies to address those needs;

9 ‘‘(B) consider the needs of all students, in10 cluding students with disabilities, in planning,

11 evaluation, and educational reform activities

12 such as those supported under titles I and II of

13 the Elementary and Secondary Education Act

14 of 1965, the Goals 2000: Educate America Act,

15 and the School-to-Work Opportunities Act of

16 1994;

17 ‘‘(C) have adequate numbers of appro18 priately prepared personnel with the skills and

19 knowledge necessary to enable children with

20 disabilities to meet developmental goals and, to

21 the maximum extent possible, those challenging

22 standards that have been established for all

23 children;

24 ‘‘(D) hold school districts and schools ac25 countable for the academic progress of children
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1 with disabilities in the same manner as they do

2 for all children;

3 ‘‘(E) develop IEPs that reflect high expec4 tations and promote access to the general cur5 riculum for children with disabilities;

6 ‘‘(F) support family involvement to im7 prove learning;

8 ‘‘(G) have financing systems that encour9 age prevention and early intervention and dis10 courage inappropriately placing students in re11 strictive settings;

12 ‘‘(H) support successful transition from

13 early intervention services to preschool edu14 cation, from preschool education to elementary

15 school, and from secondary school to adult life;

16 ‘‘(I) provide for the participation of chil17 dren with disabilities, including those with sig18 nificant and multiple disabilities, in the least re19 strictive environments;

20 ‘‘(J) promote the use of special education

21 as services and supports for students in the

22 least restrictive environment rather than as a

23 place to send children;

24 ‘‘(K) have unified education system ap25 proaches that promote individualization, flexibil-
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1 ity, and responsibility for all children at the

2 school-building level;

3 ‘‘(L) coordinate education services with

4 each other and with health, social, and other

5 services (including mental health and vocational

6 rehabilitation services), and with the juvenile

7 justice system, to meet the needs of children

8 with disabilities and their families; and

9 ‘‘(M) provide technical assistance to school

10 districts and schools on how to improve results

11 for children with disabilities in the context of

12 comprehensive technical assistance efforts and

13 ensure that research and other knowledge re14 garding best practices reaches personnel serving

15 children with disabilities;

16 ‘‘(5) the principles of professional development

17 disseminated by the Secretary in 1995 provide use18 ful guidance for States and local educational agen19 cies in their efforts to provide high-quality profes20 sional development for individuals who work with

21 children with disabilities; and

22 ‘‘(6) peer review of State efforts to address the

23 needs of children with disabilities can provide both

24 an incentive for systems change and a valuable re25 source for information that States may draw on in
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1 seeking solutions to problems in serving those chil2 dren.

3 ‘‘PURPOSE

4 ‘‘SEC. 622. The purpose of this part is to assist

5 States in reforming and improving systems for providing

6 educational and early intervention services, including their

7 systems for professional development, to help children

8 with disabilities—

9 ‘‘(1) meet developmental goals and, to the max10 imum extent possible, those challenging standards

11 that have been established for all children; and

12 ‘‘(2) be prepared to lead productive, independ13 ent adult lives to the maximum extent possible.

14 ‘‘ELIGIBLE RECIPIENTS

15 ‘‘SEC. 623. Each State educational agency may apply

16 for a grant under this part.

17 ‘‘STATE IMPROVEMENT PLANS

18 ‘‘SEC. 624. (a) GENERAL.—Any State desiring to re19 ceive a grant under this part shall submit to the Secretary

20 a State Improvement Plan that—

21 ‘‘(1) is developed in consultation with parents

22 of children with disabilities; parents of non-disabled

23 children; individuals with disabilities; organizations

24 representing individuals with disabilities and their

25 parents; early intervention agencies; local edu26 cational agencies; general and special education
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1 teachers; early intervention and related services pro2 viders; administrators of general and special edu3 cation; individuals knowledgeable about vocational

4 education; the State agency for higher education; in5 stitutions of higher education and schools of edu6 cation; the State vocational rehabilitation agency;

7 public agencies with jurisdiction in the areas of

8 health, mental health, social services, and juvenile

9 justice; community-based and other nonprofit orga10 nizations; the State advisory panel established under

11 part B; the State Interagency Coordinating Council

12 established under part H; and interested members of

13 the general public; and

14 ‘‘(2) is integrated, to the maximum extent pos15 sible, with State plans under title III of the Goals

16 2000: Educate America Act, the School-to-Work Op17 portunities Act of 1994, the Elementary and Sec18 ondary Education Act of 1965, the Rehabilitation

19 Act of 1973, and other Act, as appropriate.

20 ‘‘(b) DETERMINING CHILD AND PROGRAM NEEDS.—

21 (1) Each State Improvement Plan shall—

22 ‘‘(A) identify those critical aspects of early

23 intervention, general education, and special edu24 cation programs (including professional development,

25 based on an assessment of State and local needs)
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1 that must be improved to enable children with dis2 abilities to meet the goals established by the State

3 under section 612(a)(16); and

4 ‘‘(B) address the major findings of the Sec5 retary’s most recent State compliance reviews as

6 they relate to improving results for children with

7 disabilities.

8 ‘‘(2) To meet the requirements of paragraph (1)(A),

9 the State Improvement Plan shall include at least—

10 ‘‘(A) an analysis of all information, reasonably

11 available to the State, on the performance of chil12 dren with disabilities in the State, including—

13 ‘‘(i) their performance on State assess14 ments and other performance indicators estab15 lished for all children, including drop-out rates

16 and graduation rates;

17 ‘‘(ii) their participation in postsecondary

18 education and employment; and

19 ‘‘(iii) how their performance compares to

20 that of other children;

21 ‘‘(B) an analysis of State and local needs for

22 professional development for personnel to serve chil23 dren with disabilities that includes, at a minimum—
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1 ‘‘(i) the State’s assessment of personnel

2 needs under the Elementary and Secondary

3 Education Act of 1965; and

4 (ii) relevant information on current and

5 anticipated personnel shortages, and on the ex6 tent of certification or retraining necessary for

7 those providing services to children with disabil8 ities; and

9 ‘‘(C) an analysis of all other information, rea10 sonably available to the State, on the effectiveness of

11 its systems of early intervention, special education,

12 and general education in meeting the needs of chil13 dren with disabilities, including the extent to which

14 children with disabilities are receiving a free appro15 priate public education with appropriate supple16 mentary aids and services in regular education envi17 ronments.

18 ‘‘(c) IMPROVEMENT STRATEGIES.—Each State im19 provement plan shall—

20 ‘‘(1) describe the strategies the State will use to

21 address the needs identified under subsection (b), in22 cluding—

23 ‘‘(A) how it will hold school districts and

24 schools accountable for educational progress of

25 children with disabilities;
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1 ‘‘(B) how it will provide high-quality tech2 nical assistance to school districts and schools

3 to improve results for children with disabilities

4 in the context of comprehensive technical assist5 ance efforts and ensure that research and other

6 knowledge regarding best practices reaches per7 sonnel servicing children with disabilities;

8 ‘‘(C) if the State is developing a statewide

9 system of coordinated services under section

10 611(b)(3)(F), how it will implement and evalu11 ate the results of that effort;

12 ‘‘(D) how it will change State policies and

13 procedures to address systemic barriers to im14 proving results for students with disabilities,

15 such as—

16 ‘‘(i) a lack of knowledge about best

17 practices;

18 ‘‘(ii) the failure to provide smooth

19 transitions from one type of service or pro20 gram to the next, such as from pre-school

21 to school, or from school to employment;

22 ‘‘(iii) the lack of coordinated services;

23 ‘‘(iv) criteria and procedures for de24 termining eligibility for special education;
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1 ‘‘(v) a dual general education-special

2 education administrative structure;

3 ‘‘(vi) the exclusion of children with

4 disabilities from reforms in general edu5 cation;

6 ‘‘(vii) credentialing of teachers and

7 other personnel; and

8 ‘‘(viii) financing of general and special

9 education;

10 ‘‘(E) how it will address the identified

11 needs for pre-service and in-service preparation

12 to ensure that all personnel who will work with

13 children with disabilities (including both profes14 sional and paraprofessional personnel who pro15 vide or will provide early intervention services,

16 special education, regular education, or related

17 services) have the skills and knowledge nec18 essary to enable children with disabilities to

19 meet developmental goals and, to the maximum

20 extent possible, those challenging standards

21 that have been established for all children, and

22 be prepared to lead productive, independent

23 adult lives to the maximum extent possible, in24 cluding a description of how—
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1 ‘‘(i) the State will work with institu2 tions of higher education and other entities

3 that prepare personnel who work with chil4 dren with disabilities on both a pre-service

5 and in-service basis to ensure that those

6 institutions and entities develop the capac7 ity to support sustained, intensive, and

8 high-quality professional development pro9 grams;

10 ‘‘(ii) the State’s requirements for li11 censure of teachers and administrators, in12 cluding certification and recertification,

13 support an adequate supply of personnel

14 with the necessary skills and knowledge

15 (including, where appropriate, strategies

16 for developing reciprocal certification

17 agreements and common certification re18 quirements with other States);

19 ‘‘(iii) the State will address State and

20 local needs for personnel who meet certifi21 cation, licensing, or other State personnel

22 requirements;

23 ‘‘(iv) the State will address State and

24 local needs for in-service education of early
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1 intervention, general and special education,

2 and related services personnel;

3 ‘‘(v) the State will prepare special

4 education and general education personnel

5 with the content knowledge and collabo6 rative skills needed to appropriately help

7 children with disabilities achieve to chal8 lenging standards; and

9 ‘‘(vi) significant knowledge derived

10 from education research and other sources,

11 as well as promising practices, materials,

12 and technology, will be used in the profes13 sional development of teachers, administra14 tors, and early intervention and related

15 services personnel;

16 ‘‘(F) strategies that will address systemic

17 problems identified in Federal compliance re18 views, including shortages of qualified person19 nel; and

20 ‘‘(G) how the State will assess, on a regu21 lar basis, the extent to which the strategies im22 plemented under this part have been effective in

23 meeting the performance goals established by

24 the State under section 612(a)(16);
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1 ‘‘(2) describe the strategies and activities to be

2 supported under this part and how they will be co3 ordinated with—

4 ‘‘(A) other activities conducted with Fed5 eral funds, especially those received under parts

6 B and H of this Act, titles I and II of the Ele7 mentary and Secondary Education Act of 1965,

8 the Goals 2000: Educate America Act, the

9 School-to-Work Opportunities Act of 1994, the

10 Head Start Act, and the Rehabilitation Act of

11 1973;

12 ‘‘(B) other programs supported by State

13 and local funds;

14 ‘‘(C) where appropriate, resources from

15 business and industry, to develop strategies to

16 meet the employment needs of disabled youth;

17 and

18 ‘‘(D) other private-sector resources; and

19 ‘‘(3) describe how the State will address im20 proving results for students with disabilities in the

21 areas of greatest need, including the State’s inner22 city and rural areas with the greatest needs as de23 termined by the State in its assessment under sub24 section (b).
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1 ‘‘(d) REPORTING PROCEDURES.—Each State edu2 cational agency that receives a grant under this part shall

3 submit a performance report to the Secretary every two

4 years that—

5 ‘‘(1) describes the progress of the State and of

6 children with disabilities in relation to the perform7 ance goals and performance indicators established

8 under section 612(a)(16);

9 ‘‘(2) analyzes the effectiveness of the State’s

10 strategies in meeting those goals; and

11 ‘‘(3) identifies the strategies that need revision

12 in order to improve its performance.

13 ‘‘(e) PEER REVIEW AND PLAN APPROVAL.—

14 ‘‘(1) IN GENERAL.—The Secretary shall ap15 prove a State Improvement Plan under this section

16 if it—

17 ‘‘(A) meets the requirements of this sec18 tion; and

19 ‘‘(B) holds reasonable promise of enabling

20 the State to meet its performance goals under

21 section 612(a)(16).

22 ‘‘(2) PEER REVIEW.—(A) In reviewing State

23 Improvement Plans under this section, the Secretary

24 shall obtain the advice of non-Federal experts (in25 cluding individuals with disabilities and individuals
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1 knowledgeable about the needs of children from mi2 nority backgrounds) on personnel development and

3 systems change in education, including early inter4 vention.

5 ‘‘(B) The peer review process for subsequent

6 submissions of State Improvement Plans shall in7 clude consideration of the effectiveness of the State’s

8 improvement efforts, as described in the State’s Im9 provement Plan.

10 ‘‘(3) AVAILABLE FUNDS.—The Secretary may

11 use funds available under this part to pay the ex12 penses and fees of non-Federal peer reviewers.

13 ‘‘(f) DURATION OF PLANS.—(1) Each State Improve14 ment Plan under this section shall be for a period deter15 mined by the State, but not longer than four years.

16 ‘‘(2) The Secretary may require amendments to a

17 State’s plan at any time as a result of the Secretary’s com18 pliance reviews under parts B and H of this Act, and shall

19 not provide further funding under this part to the State

20 until such amendments are submitted and approved.

21 ‘‘(3) If the State makes significant changes in its

22 plan, it shall submit that information to the Secretary for

23 approval.

24 ‘‘DISTRIBUTION OF FUNDS

25 ‘‘SEC. 625. (a) ALLOCATIONS.—The Secretary shall

26 allocate funds available to carry out this part for any fiscal
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1 year to eligible States on the basis of their relative total

2 populations of—

3 ‘‘(1) all children aged birth through two, if the

4 State receives a grant under part H of this Act; and

5 ‘‘(2) all children aged three through 21 who are

6 of the same age as children with disabilities for

7 whom the State ensures the availability of a free ap8 propriate public education under part B of this Act.

9 ‘‘(b) MINIMUM STATE ALLOCATIONS.—Notwith10 standing subsection (a), the Secretary shall make a grant

11 under paragraph (1) of—

12 ‘‘(1) at least $400,000 to each of the 50 States,

13 the District of Columbia, and the Commonwealth of

14 Puerto Rico; and

15 ‘‘(2) at least $40,000 to each outlying area.

16 ‘‘(c) OUTLYING AREAS.—The provisions of Public

17 Law 95–134, permitting the consolidation of grants to the

18 outlying areas, shall not apply to funds those areas receive

19 under this section.

20 ‘‘MANDATORY USE OF FUNDS FOR PROFESSIONAL

21 DEVELOPMENT

22 ‘‘SEC. 626. (a) PROFESSIONAL DEVELOPMENT GEN23 ERALLY.—Each State shall use at least 50 percent of the

24 funds it receives under this part for any fiscal year to en25 sure that there is a sufficient supply of personnel who have

26 the skills and knowledge necessary to enable children with
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1 disabilities to meet developmental goals and, to the maxi2 mum extent possible, those challenging standards that

3 have been established for all children, including working

4 with other States on common certification criteria.

5 ‘‘(b) EARLY INTERVENTION PROFESSIONAL DEVEL6 OPMENT.—(1) Each State shall use at last 15 percent of

7 the funds it uses for personnel development under this

8 part to address personnel development needs in the area

9 of early intervention.

10 ‘‘(2) Funds reserved under paragraph (1) shall be

11 made available to the lead agency under part H of this

12 Act or, at the lead agency’s discretion, shall be retained

13 by the State educational agency.

14 ‘‘AUTHORIZED ACTIVITIES

15 ‘‘SEC. 627. Authorized activities under this part are

16 any activities, described in the State Improvement Plan,

17 that are consistent with the purpose of this part, which

18 may include the award of subgrants to local educational

19 agencies and other appropriate entities.

20 ‘‘AUTHORIZATION OF APPROPRIATIONS

21 ‘‘SEC. 628. For the purpose of carrying out this part,

22 there are authorized to be appropriated such sums as may

23 be necessary for each of the fiscal years 1997 through

24 2001.
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1 ‘‘PART D—PROFESSIONAL DEVELOPMENT

2 ‘‘FINDINGS

3 ‘‘SEC. 631. The Congress finds that—

4 ‘‘(1) in order to serve children with disabilities

5 appropriately, both general and special education

6 personnel must be prepared to meet the special

7 needs of those children, and they must be prepared

8 in how to work together effectively to meet those

9 needs;

10 ‘‘(2) in order to assist children with disabilities

11 to meet developmental goals and, to the maximum

12 extent possible, those challenging standards that

13 have been established for all children, personnel

14 working with children with disabilities must have the

15 knowledge and skills necessary to address each

16 child’s individual needs;

17 ‘‘(3) the Federal Government can play a critical

18 role in assisting States in meeting the need for high19 ly-qualified personnel by—

20 ‘‘(A) supporting models of professional de21 velopment that reflect best practices, including

22 strategies for recruiting, preparing, and retain23 ing personnel;
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1 ‘‘(B) supporting the development of, and

2 dissemination of information about, teaching

3 standards; and

4 ‘‘(C) promoting the coordination and inte5 gration of professional development for teachers

6 of children with disabilities with professional

7 development supported under the Goals 2000:

8 Educate America Act and the Elementary and

9 Secondary Education Act of 1965;

10 ‘‘(4) national activities that promote greater

11 consistency in certification standards among States

12 and reciprocity in accepting teaching credentials can

13 help reduce personnel shortages and improve serv14 ices;

15 ‘‘(5) institutions of higher education and indi16 vidual States are reluctant to support professional

17 development programs for personnel needed to serve

18 children with low-incidence disabilities because of the

19 small number of these personnel needed in each

20 State; therefore, Federal support is needed to ensure

21 an adequate supply of those personnel; and

22 ‘‘(6) Federal support is needed to ensure an

23 adequate supply of leadership personnel in edu24 cation, related services, and early intervention, in25 cluding teacher-preparation faculty, administrators,
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1 researchers, supervisors, and principals who have the

2 professional development they need to help children

3 with disabilities—

4 ‘‘(A) meet developmental goals and, to the

5 maximum extent possible, those challenging

6 standards that have been established for all

7 children; and

8 ‘‘(B) be prepared to lead productive, inde9 pendent adult lives to the maximum extent pos10 sible.

11 ‘‘PURPOSES

12 ‘‘SEC. 632. The purposes of this part are to help en13 sure that—

14 ‘‘(1) personnel responsible for serving children

15 with disabilities, including general and special edu16 cation personnel, related services personnel, and

17 early intervention personnel, have the knowledge and

18 skills necessary to help those children—

19 ‘‘(A) meet developmental goals and, to the

20 maximum extent possible, those challenging

21 standards that have been established for all

22 children; and

23 ‘‘(B) be prepared to lead productive, inde24 pendent adult lives to the maximum extent pos25 sible;
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1 ‘‘(2) there are adequate numbers of those per2 sonnel to meet the needs of children with disabilities;

3 and

4 ‘‘(3) the skills and knowledge of personnel re5 sponsible for serving children with disabilities reflect

6 the best practices as determined through research

7 and experience, particularly with respect to the in8 clusion of children with disabilities in the regular

9 education environment.

10 ‘‘NATIONAL ACTIVITIES

11 ‘‘SEC. 633. (a) PROGRAM AUTHORIZED.—The Sec12 retary may make grants to, and enter into contracts and

13 cooperative agreements with, eligible entities to support

14 activities of national significance that—

15 ‘‘(1) have broad applicability; and

16 ‘‘(2) will help ensure that the purposes of this

17 part are met.

18 ‘‘(b) AUTHORIZED ACTIVITIES.—In carrying out this

19 section, the Secretary may support any activities that are

20 consistent with subsection (a), including—

21 ‘‘(1) the development, evaluation, demonstra22 tion, or dissemination of effective personnel prepara23 tion practices for personnel to work with children

24 with disabilities;
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1 ‘‘(2) promoting the recruitment or retention of

2 such personnel, particularly in areas of greatest

3 need, such as inner-city and rural areas;

4 ‘‘(3) institutes that provide professional devel5 opment that addresses the needs of children with

6 disabilities to—

7 ‘‘(A) teachers or teams of teachers; and

8 ‘‘(B) where appropriate, administrators,

9 pupil-service personnel, and other staff from in10 dividual schools;

11 ‘‘(4) encouraging the development of profes12 sional networks that provide a forum for interaction

13 among teachers of children with disabilities;

14 ‘‘(5) efforts to prepare teachers and other per15 sonnel in the innovative uses and applications of

16 technology to enhance learning by children with dis17 abilities;

18 ‘‘(6) the development, evaluation, and dissemi19 nation of model teaching standards for persons

20 working with children with disabilities;

21 ‘‘(7) the dissemination of information about—

22 ‘‘(A) voluntary national content standards,

23 State content standards, voluntary national stu24 dent-performance standards, and State student25 performance standards; and
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1 ‘‘(B) related models of high-quality profes2 sional development;

3 ‘‘(8) efforts to prepare teachers and other per4 sonnel in innovative instructional methodologies for

5 children with disabilities that are designed to meet

6 the diverse learning needs of individual students;

7 ‘‘(9) disseminating models of high-quality pro8 fessional development activities that prepare person9 nel in strategies, techniques, methods, and practices

10 for meeting the educational needs of individuals with

11 disabilities from different economic, cultural, and

12 linguistic backgrounds, in order to ensure that all

13 students have the opportunity to meet challenging

14 standards;

15 ‘‘(10) promoting the transferability of licensure

16 and certification of teachers and administrators

17 among State and local jurisdictions;

18 ‘‘(11) supporting the development of voluntary

19 teaching standards;

20 ‘‘(12) developing activities to prepare teachers,

21 and, where appropriate, paraprofessionals, pupil22 services personnel, and other staff in the collabo23 rative skills needed to appropriately teach children

24 with disabilities;
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1 ‘‘(13) developing, evaluating, and disseminating

2 innovative models for recruitment, induction, reten3 tion, and assessment of new, highly-qualified teach4 ers, especially such teachers from groups that are

5 underrepresented in the teaching profession;

6 ‘‘(14) developing and disseminating models that

7 prepare teachers with strategies, including behav8 ioral management techniques, for addressing the

9 conduct of children with disabilities that impedes

10 their learning and that of others in the classroom;

11 and

12 ‘‘(15) supporting Historically Black Colleges

13 and Universities and institutions of higher education

14 with minority enrollments of at least 25 percent for

15 the purpose of preparing personnel.

16 ‘‘PROFESSIONAL DEVELOPMENT FOR PERSONNEL

17 SERVING LOW-INCIDENCE POPULATIONS

18 ‘‘SEC. 634. (a) PROGRAM AUTHORIZED.—The Sec19 retary may make grants to, and enter into contracts and

20 cooperative agreements with, eligible entities to meet the

21 purposes of this part by supporting preparation for per22 sonnel who will provide educational and related services

23 to children with low-incidence disabilities, and personnel

24 who will provide early intervention services to infants and

25 toddlers with disabilities.
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1 ‘‘(b) AUTHORIZED ACTIVITIES.—(1) Individuals who

2 may be prepared under this section include personnel who

3 are—

4 ‘‘(A) currently prepared in the fields of edu5 cational, related, or early intervention services; and

6 ‘‘(B) studying to—

7 ‘‘(i) obtain degrees, certification, licensure,

8 or endorsements in these fields; or

9 ‘‘(ii) meet competency requirements in

10 these fields.

11 ‘‘(2) The Secretary may include funds for scholar12 ships, with necessary stipends and allowances, in awards

13 under this section.

14 ‘‘(c) APPLICATIONS.—(1) Any eligible entity that

15 wishes to receive a grant under this section shall submit

16 an application to the Secretary at such time, in such man17 ner, and containing such information as the Secretary may

18 require.

19 ‘‘(2) Each such application shall propose to provide

20 preparation that addresses a significant need, as shown

21 by letters from one or more States stating that—

22 ‘‘(A) they intend to accept successful comple23 tion of the proposed personnel preparation as meet24 ing State personnel standards for serving children
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1 with low-incidence disabilities, or for serving infants

2 and toddlers with disabilities; and

3 ‘‘(B) they need personnel in the area or areas

4 in which the applicant proposes to provide prepara5 tion, as identified in their comprehensive systems of

6 personnel development under parts B and H, or in

7 their State Improvement Plan under part C.

8 ‘‘(d) SELECTION OF RECIPIENTS.—In making

9 awards under this section, the Secretary—

10 ‘‘(1) shall apply such criteria as the Secretary

11 finds appropriate, including—

12 ‘‘(A) the impact of the proposed project in

13 meeting the need for personnel identified by the

14 States under subsection (b)(2); and

15 ‘‘(B) the extent to which applicants pro16 pose to conduct training that incorporates best

17 practices in both—

18 ‘‘(i) the preparation of personnel; and

19 ‘‘(ii) the provision of educational, re20 lated, or early intervention services;

21 ‘‘(2) may give preference to applications that

22 propose to prepare personnel in more than one low23 incidence disability, such as deafness and blindness;
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1 ‘‘(3) may consider past performance of the ap2 plicant in carrying out previous projects under this

3 Act; and

4 ‘‘(4) may ensure broad geographic coverage of

5 activities assisted under this section.

6 ‘‘(e) DEFINITION.—As used in this section, the term

7 ‘low incidence disability’ means—

8 ‘‘(1) a visual or hearing impairment, or simulta9 neous visual and hearing impairments;

10 ‘‘(2) a significant cognitive impairment; or

11 ‘‘(3) any impairment for which a small number

12 of personnel with highly specialized skills and knowl13 edge are needed in order for children with that im14 pairment to receive early intervention services or a

15 free appropriate public education.

16 ‘‘LEADERSHIP PERSONNEL

17 ‘‘SEC. 635. (a) PROGRAM AUTHORIZED.—The Sec18 retary may make grants to, and enter into contracts and

19 cooperative agreements with, eligible entities to meet the

20 purposes of this part by preparing educational, related

21 service, and early intervention leadership personnel (in22 cluding teacher-preparation faculty, administrators, re23 searchers, supervisors, and principals) so that they are

24 prepared to help children with disabilities—
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1 ‘‘(1) meet developmental goals and, to the max2 imum extent possible, those challenging standards

3 that have been established for all children; and

4 ‘‘(2) be prepared to lead productive, independ5 ent adult lives to the maximum extent possible.

6 ‘‘(b) AUTHORIZED ACTIVITIES.—(1) In carrying out

7 this section, the Secretary may support any activities that

8 are consistent with subsection (a), including—

9 ‘‘(A) preparation of personnel at the advanced

10 graduate, doctoral, or post-doctoral levels; and

11 ‘‘(B) professional development of leadership

12 personnel.

13 ‘‘(2) The Secretary may include funds for scholar14 ships, with necessary stipends and allowances, in awards

15 under this section.

16 ‘‘(c) PREFERENCES.—In making awards under this

17 section, the Secretary—

18 ‘‘(1) shall give preference to projects at institu19 tions of higher education that have successfully inte20 grated the professional development of general and

21 special education personnel;

22 ‘‘(2) may give preference to projects at institu23 tions of higher education that—
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1 ‘‘(A) are making progress toward integrat2 ing the professional development of general and

3 special education personnel; or

4 ‘‘(B) have achieved coordination of their

5 professional development programs for general

6 and special education personnel; and

7 ‘‘(3) shall give preference to applicants that are

8 successfully recruiting and preparing individuals

9 with disabilities and individuals from groups that

10 are underrepresented in education leadership posi11 tions.

12 ‘‘SERVICE OBLIGATION

13 ‘‘SEC. 636. Each application for funds under sections

14 634 and 635 shall include an assurance that the applicant

15 will ensure that individuals who are prepared under the

16 proposed project will subsequently perform work related

17 to their preparation or repay all or part of the cost of

18 that preparation.

19 ‘‘AUTHORIZATION OF APPROPRIATIONS

20 ‘‘SEC. 637. For the purpose of carrying out this part,

21 there are authorized to be appropriated such sums as may

22 be necessary for each of the fiscal years 1997 through

23 2001.

24 ‘‘PART E—RESEARCH TO PRACTICE

25 ‘‘FINDINGS

26 ‘‘SEC. 641. FINDINGS.—The Congress finds that—
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1 ‘‘(1) as a result of more than 20 years of Fed2 eral support for research, demonstrations, and relat3 ed activities, there is an important knowledge base

4 for enhancing educational opportunities for children

5 with disabilities, and research in such areas as in6 structional and behavioral management interven7 tions, learning strategies, and teaching has led to

8 significant improvements in professional practice

9 and educational results for children with disabilities;

10 ‘‘(2) Federal support for a coordinated and

11 high-quality program of research, demonstrations,

12 dissemination, and technical assistance is essential

13 to enabling State and local educational agencies to

14 improve educational results for children with disabil15 ities;

16 ‘‘(3) States, local educational agencies, institu17 tions of higher education, schools, and Indian tribes,

18 as well as parents of children with disabilities, need

19 information that is based on current research, that

20 is easily accessible, and that is integrated with infor21 mation that—

22 ‘‘(A) helps administrators and teachers to

23 serve all children;

24 ‘‘(B) helps families to improve educational

25 results for their children; and
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1 ‘‘(C) helps providers of various services ef2 fectively coordinate those services;

3 ‘‘(4) there is an important Federal role in en4 suring that technical assistance is available to State

5 and local educational agencies, both through—

6 ‘‘(A) directly providing technical assist7 ance; and

8 ‘‘(B) helping State and local educational

9 agencies identify and benefit from effective non10 Federal sources of technical assistance;

11 ‘‘(5) modern technology related to storing, gain12 ing access to, and distributing information provides

13 unprecedented opportunities for putting information

14 into the hands of individuals, including individuals

15 working with children with disabilities, families of

16 children with disabilities, and individuals with dis17 abilities; and

18 ‘‘(6) a national assessment of general and spe19 cial education, related services, and early interven20 tion services for children with disabilities is needed

21 in order to determine the impact and effectiveness of

22 Federal, State, and local efforts supported under

23 this Act, and to improve results for children with

24 disabilities.

25 ‘‘PURPOSES

26 ‘‘SEC. 642. The purposes of this part are to—
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1 ‘‘(1) identify and produce knowledge to improve

2 early intervention and educational opportunities for

3 children with disabilities so that they can—

4 ‘‘(A) meet developmental goals and, to the

5 maximum extent possible, those challenging

6 standards that have been established for all

7 children; and

8 ‘‘(B) be prepared to lead productive, inde9 pendent adult lives to the maximum extent pos10 sible;

11 ‘‘(2) advance the use of knowledge by adminis12 trators, teachers, parents, and others who work with

13 children with disabilities, as well as by individuals

14 with disabilities;

15 ‘‘(3) identify, produce, and promote the use of

16 knowledge to address the special needs of children

17 with a high likelihood of needing special education

18 and related services in order to reduce, through

19 early intervention, the need for special education

20 services later in life; and

21 ‘‘(4) assist institutions of higher education to

22 appropriately serve individuals with disabilities, in23 cluding individuals who are deaf, in postsecondary

24 programs.
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1 ‘‘RESEARCH AND IMPROVEMENT ACTIVITIES

2 ‘‘SEC. 643. The Secretary may make grants to, and

3 enter into contracts and cooperative agreements with, eli4 gible entities to support activities that will help meet the

5 purposes of this part, including—

6 ‘‘(1) research and development projects that ad7 vance knowledge about—

8 ‘‘(A) the developmental and learning char9 acteristics of children with disabilities that will

10 improve the design and effectiveness of inter11 ventions and instruction;

12 ‘‘(B) assessment techniques, instruments

13 (including tests, inventories, and scales), and

14 strategies for measuring the progress of chil15 dren with disabilities in meeting developmental

16 goals and, to the maximum extent possible,

17 those challenging standards that have been es18 tablished for all children;

19 ‘‘(C) identifying and evaluating children

20 with disabilities for the purpose of determin21 ing—

22 ‘‘(i) their eligibility for services under

23 this Act; and
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1 ‘‘(ii) the appropriate education, relat2 ed services, and early intervention services

3 to be provided to eligible children;

4 ‘‘(D) identifying organizational, resource,

5 and other conditions necessary for effective pro6 fessional practice;

7 ‘‘(E) the coordination of education with

8 health and social services in order to improve

9 educational results for children with disabilities;

10 ‘‘(F) helping families improve educational

11 results for their children; and

12 ‘‘(G) strategies to address the behavior of

13 children with disabilities that impedes their

14 learning or that of others;

15 ‘‘(2) large-scale longitudinal studies designed to

16 produce information on the long-term impact of

17 early intervention and education on results for indi18 viduals with disabilities;

19 ‘‘(3) model demonstration projects to apply and

20 field-test research findings in typical service settings

21 to determine the applicability, usability, effective22 ness, and general applicability of such research find23 ings in such areas as improving instructional meth24 ods, curricula, and instructional tools such as text25 books, media, and materials;
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1 ‘‘(4) projects to assist institutions of higher

2 education in appropriately serving their students

3 with disabilities, including deaf students, such as

4 demonstrating and disseminating effective strategies

5 to address the needs of those students;

6 ‘‘(5) outreach projects to support the replica7 tion of proven strategies and practices that will im8 prove educational, related, and early intervention

9 services for children with disabilities;

10 ‘‘(6) assisting researchers, program developers,

11 and others to produce, evaluate, and make available

12 information that will be useful to a variety of audi13 ences seeking to improve educational results for chil14 dren with disabilities;

15 ‘‘(7) helping apply research and other knowl16 edge to improve educational results for children with

17 disabilities by—

18 ‘‘(A) identifying useful research and other

19 products;

20 ‘‘(B) ensuring that these products are in

21 appropriate formats for distribution to adminis22 trators, teachers, parents, and individuals with

23 disabilities; and

24 ‘‘(C) making those products available

25 through clearinghouses, libraries, electronic net-
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1 works, parent training projects, and other infor2 mation sources;

3 ‘‘(8) integrating educational, related, transi4 tional, and early intervention service information re5 lated to children with disabilities into clearinghouses,

6 libraries, electronic networks, and other information

7 and communication resources that are available to

8 address the needs of all children, not just children

9 with disabilities;

10 ‘‘(9) clearinghouse activities to address the in11 formation needs of administrators, teachers, parents,

12 and others who work with individuals with disabil13 ities as well as the information needs of individuals

14 with disabilities themselves;

15 ‘‘(10) supplemental funding for the comprehen16 sive technical assistance centers authorized under

17 part A of title XIII of the Elementary and Second18 ary Education Act of 1965 to help ensure that those

19 centers effectively address the needs of children with

20 disabilities;

21 ‘‘(11) special education and early intervention

22 regional resource centers to provide technical assist23 ance to States in—
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1 ‘‘(A) linking to other technical assistance

2 resources, including special and general edu3 cation resources;

4 ‘‘(B) gaining access to information, includ5 ing information on research and best practices;

6 and

7 ‘‘(C) developing, implementing, and evalu8 ating their State Improvement Plans under part

9 C of this Act; and

10 ‘‘(12) technical assistance to State educational

11 agencies, State lead agencies for serving infants and

12 toddlers with disabilities under part H, and other or13 ganizations and agencies that play a critical role in

14 serving children with disabilities in such areas as—

15 ‘‘(A) providing for the participation of chil16 dren with disabilities in State and local assess17 ments;

18 ‘‘(B) the financing of special education;

19 ‘‘(C) the coordination of education, health,

20 and social services; and

21 ‘‘(D) promoting safe and disciplined

22 schools.

23 ‘‘STUDIES AND EVALUATIONS; ANNUAL REPORT

24 ‘‘SEC. 644. (a) STUDIES AND EVALUATIONS.—The

25 Secretary may, directly or through grants to, and con26 tracts and cooperative agreements with, eligible entities—
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1 ‘‘(1) assess progress in the implementation of

2 this Act;

3 ‘‘(2) assess, through performance indicators

4 and other means, the impact and effectiveness of

5 State and local efforts, and efforts by the Secretary

6 of the Interior, to—

7 ‘‘(A) provide a free appropriate public edu8 cation to children with disabilities; and

9 ‘‘(B) provide early intervention services to

10 infant and toddlers with disabilities and those

11 at risk for developmental delay;

12 ‘‘(3) assess the placement of children with dis13 abilities, by disability;

14 ‘‘(4) provide Congress with information relevant

15 to policy-making and to provide State, local, and

16 Federal agencies, including the Department of the

17 Interior, with information relevant to program man18 agement, administration, service delivery, and effec19 tiveness with respect to education and early inter20 vention services; and

21 ‘‘(5) conduct the national assessment described

22 in section 645.

23 ‘‘(b) ANNUAL REPORT.—The Secretary shall report

24 annually to the Congress on—
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1 ‘‘(1) the results of activities conducted under

2 subsection (a);

3 ‘‘(2) an analysis and summary of the data re4 ported by the States and the Secretary of the Inte5 rior under section 618; and

6 ‘‘(3) the findings and determinations resulting

7 from reviews of State implementation of this Act.

8 ‘‘NATIONAL ASSESSMENT

9 ‘‘SEC. 645. (a) PURPOSE OF ASSESSMENT.—The

10 Secretary shall carry out a national assessment of the im11 plementation of this Act in order to—

12 ‘‘(1) determine the impact of this Act on help13 ing individuals with disabilities—

14 ‘‘(A) meet developmental goals and, to the

15 maximum extent possible, those challenging

16 standards that have been established for all

17 children; and

18 ‘‘(B) be prepared to lead productive, inde19 pendent adult lives to the maximum extent pos20 sible;

21 ‘‘(2) provide information to Congress, the Exec22 utive Branch, the States, local educational agencies,

23 and others on how to more effectively implement the

24 Act; and
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1 ‘‘(3) provide Congress and the Executive

2 Branch information useful in developing legislation

3 to more effectively meet the purposes of this Act.

4 ‘‘(b) CONSULTATION.—The Secretary shall plan, re5 view, and conduct the national assessment in consultation

6 with researchers, State practitioners, local practitioners,

7 parents of children with disabilities, individuals with dis8 abilities, and other appropriate individuals.

9 ‘‘(c) SCOPE OF ASSESSMENT.—(1) The national as10 sessment shall examine how well schools, local educational

11 agencies, and States, in carrying out parts B, C, and H,

12 are—

13 ‘‘(A) helping children served under this Act, in14 cluding children from minority backgrounds and

15 children with limited English proficiency—

16 ‘‘(i) meet developmental goals and, to the

17 maximum extent possible, those challenging

18 standards that have been established for all

19 children; and

20 ‘‘(ii) be prepared to lead productive, inde21 pendent adult lives to the maximum extent pos22 sible;

23 ‘‘(B) providing for the participation of children

24 with disabilities in the general education curriculum;
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1 ‘‘(C) helping children with disabilities make

2 successful transitions from—

3 ‘‘(i) early intervention services to preschool

4 education;

5 ‘‘(ii) preschool education to elementary

6 school; and

7 ‘‘(iii) secondary school to adult life;

8 ‘‘(D) providing for the participation of children

9 with disabilities in State and district-wide assess10 ments;

11 ‘‘(E) placing and serving children with disabil12 ities, including children from minority backgrounds

13 and children with limited English proficiency, in the

14 least restrictive environment appropriate;

15 ‘‘(F) preventing children with disabilities, espe16 cially children with emotional disturbances and spe17 cific learning disabilities, from dropping out of

18 school;

19 ‘‘(G) addressing the need for personnel with the

20 knowledge and skills necessary to help children with

21 disabilities reach developmental goals and challeng22 ing standards;

23 ‘‘(H) coordinating services provided under this

24 Act with each other, with other educational and

25 pupil services (including preschool services), and
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1 with health and social services funded from other

2 sources;

3 ‘‘(I) affording parents of children served under

4 this Act meaningful opportunities to participate in

5 the education of their children; and

6 ‘‘(J) resolving disagreements between education

7 personnel and parents through activities such as me8 diation.

9 ‘‘(2) The assessment shall also examine how effective

10 the activities authorized under parts D through G of this

11 Act have been in achieving their purposes.

12 ‘‘(d) SOURCES OF INFORMATION.—The Secretary

13 shall use information gathered from a variety of sources,

14 including the National Assessment of Educational

15 Progress, State evaluations, and available research stud16 ies, in carrying out this section.

17 ‘‘(e) INTERIM AND FINAL REPORTS.—The Secretary

18 shall submit to the President and the appropriate commit19 tees of the Congress—

20 ‘‘(1) an interim report that summarizes the pre21 liminary findings of the assessment by October 1,

22 1998; and

23 ‘‘(2) a final report of the findings of the assess24 ment by October 1, 2000.
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1 ‘‘AUTHORIZATION OF APPROPRIATIONS; RESERVATION

2 FOR STUDIES AND EVALUATIONS

3 ‘‘SEC. 646. (a) AUTHORIZATION OF APPROPRIA4 TIONS.—For the purpose of carrying out this part, there

5 are authorized to be appropriated such sums as may be

6 necessary for each of the fiscal years 1997 through 2001.

7 ‘‘(b) RESERVATION FOR STUDIES AND EVALUA8 TIONS.—Notwithstanding any other provisions of this Act,

9 the Secretary may reserve, in addition to any funds appro10 priated under subsection (a), up to one-half of one percent

11 of the amount appropriated for each fiscal year for section

12 611 and for part H to carry out sections 644 and 645

13 of this part.

14 ‘‘PART F—PARENT TRAINING AND INFORMATION

15 ‘‘FINDINGS

16 ‘‘SEC. 651. The Congress finds that—

17 ‘‘(1) parental involvement in the education of

18 their children improves the emotional well-being of

19 families, enhances parenting skills, and improves

20 educational results for children with disabilities, ena21 bling them to lead productive, independent adult

22 lives to the maximum extent possible;

23 ‘‘(2) parents of children with disabilities need

24 training to develop the skills they need to participate

25 effectively in the education of their children, and to
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1 understand the nature of their children’s disabilities

2 and their need for accommodations and special edu3 cation and related services in order to achieve their

4 educational goals;

5 ‘‘(3) parents of children with disabilities need

6 information on their rights and protections under

7 this Act to ensure improved educational results;

8 ‘‘(4) parents of children with disabilities who

9 have limited access to services and supports due to

10 economic, cultural, or linguistic barriers have the

11 greatest need for community-based approaches to

12 providing parent training and information;

13 ‘‘(5) parental involvement in school-site reform

14 initiatives, such as under the Goals 2000: Educate

15 America Act, leads to improved educational results

16 for their children; and

17 ‘‘(6) students with disabilities need training so

18 that they can assume the rights of their parents

19 under part B of this Act when they reach the age

20 of majority, if the State provides for the transfer of

21 those rights under section 615(j).

22 ‘‘PURPOSES

23 ‘‘SEC. 652. The purposes of this part are to ensure

24 that—

25 ‘‘(1) parents of children with disabilities have

26 training and information provided in a manner that
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1 is meaningful and accessible to enable them to par2 ticipate effectively in helping their children—

3 ‘‘(A) meet developmental goals and, to the

4 maximum extent possible, those challenging

5 standards that have been established for all

6 children; and

7 ‘‘(B) be prepared to lead productive, inde8 pendent adult lives to the maximum extent pos9 sible; and

10 ‘‘(2) students with disabilities understand their

11 rights and responsibilities under part B of this Act

12 on reaching the age of majority, if the State pro13 vides for the transfer of parental rights under sec14 tion 615(j) of that part.

15 ‘‘PARENT TRAINING AND INFORMATION CENTERS

16 ‘‘SEC. 653. (a) PROGRAM AUTHORIZED.—The Sec17 retary may make grants to, and enter into contracts and

18 cooperative agreements with, parent organizations to sup19 port parent training and information centers to carry out

20 the purposes of this part.

21 ‘‘(b) REQUIRED ACTIVITIES.—Each parent training

22 and information center receiving assistance under this sec23 tion shall—

24 ‘‘(1) provide training and information that

25 meets the training and information needs of parents
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1 of children with disabilities living in the area to be

2 served by the award;

3 ‘‘(2) serve the parents of children with the full

4 range of disabilities;

5 ‘‘(3) assist parents to—

6 ‘‘(A) better understand the nature of their

7 children’s disabilities and their educational and

8 developmental needs;

9 ‘‘(B) communicate effectively with early

10 intervention personnel, special and regular edu11 cators, administrators, related services person12 nel, and other relevant professionals;

13 ‘‘(C) participate in decision-making proc14 esses, including the development of individual15 ized education programs under part B of this

16 Act and individualized family service plans

17 under part H of this Act for children with dis18 abilities;

19 ‘‘(D) obtain appropriate information about

20 the range of options, programs, services, and

21 resources available at the national, State, and

22 local levels to assist children with disabilities

23 and their families;

24 ‘‘(E) understand the provisions for the

25 education of, and for early intervention services
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1 for, children with disabilities under this Act;

2 and

3 ‘‘(F) participate in school reform activities;

4 ‘‘(4) assist students with disabilities to under5 stand their rights and responsibilities under section

6 615(j) of this Act on reaching the age of majority,

7 if the State provides for the transfer of parental

8 rights to the student under that section;

9 ‘‘(5) report to the Secretary on—

10 ‘‘(A) the number of parents to whom it

11 provided information and training; and

12 ‘‘(B) the effectiveness of strategies used to

13 reach and serve parents, including low-income

14 parents from inner-city and rural areas, parents

15 of children with limited English proficiency, and

16 parents with disabilities; and

17 ‘‘(6) establish cooperative partnerships with the

18 community parent resource centers funded under

19 section 654.

20 ‘‘(c) APPLICATION REQUIREMENTS.—Each applica21 tion for assistance under this section shall identify with

22 specificity the special efforts that the applicant will under23 take to—

24 ‘‘(1) ensure that the needs of low-income par25 ents from inner-city and rural areas, parents of chil-
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1 dren with limited English proficiency, and parents

2 with disabilities in the area to be served are effec3 tively met; and

4 ‘‘(2) work with community-based organizations.

5 ‘‘(d) DISTRIBUTION OF FUNDS.—(1)(A) The Sec6 retary shall allocate the funds available to carry out this

7 section for each fiscal year for awards in each State based

8 on the State’s population from birth through age 21, ex9 cept that—

10 ‘‘(i) each of the 50 States, the District of Co11 lumbia, and the Commonwealth of Puerto Rico shall

12 be allocated at least $150,000 or the amount that it

13 was allocated under this section for the previous fis14 cal year, whichever is greater; and

15 ‘‘(ii) each outlying area shall be allocated at

16 least $50,000 or the amount that it was allocated

17 under this section for the previous fiscal year, which18 ever is greater.

19 ‘‘(B) If the sums available to make allocations under

20 subparagraph (A) are insufficient to make the minimum

21 allocations described in that subparagraph, the Secretary

22 shall ratably reduce those allocations.

23 ‘‘(C) If additional funds become available to make al24 locations under subparagraph (A), the allocations that
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1 were reduced under subparagraph (B) shall be increased

2 on the same basis as they were reduced.

3 ‘‘(2) The Secretary shall make at least one award in

4 each State from which the Secretary receives an applica5 tion of sufficient quality to warrant approval.

6 ‘‘(3) The Secretary may select applications in a man7 ner that ensures the most effective coverage of parents,

8 including parents in urban and rural areas, in the affected

9 State.

10 ‘‘(4) If the Secretary determines that the applications

11 received from a State do not warrant the award of the

12 State’s entire allocation under paragraph (1), the Sec13 retary may use all or part of that allocation, as the case

14 may be—

15 ‘‘(A) to increase the number or amount of

16 awards in other States under this section; or

17 ‘‘(B) for other activities, authorized by this part

18 or other provisions of this Act, to provide parents

19 with training and information or to provide technical

20 assistance to those providing that training and infor21 mation.

22 ‘‘COMMUNITY PARENT RESOURCE CENTERS

23 ‘‘SEC. 654. (a) PROGRAM AUTHORIZED.—The Sec24 retary may make grants to, and enter into contracts and

25 cooperative agreements with, local parent organizations to

26 support parent training and information centers that will
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1 help ensure that underserved parents of children with dis2 abilities, including low-income parents, parents of children

3 with limited English proficiency, and parents with disabil4 ities, have the training and information they need to en5 able them to participate effectively in helping their chil6 dren with disabilities—

7 ‘‘(1) meet developmental goals and, to the max8 imum extent possible, those challenging standards

9 that have been established for all children; and

10 ‘‘(2) be prepared to lead productive, independ11 ent adult lives to the maximum extent possible.

12 ‘‘(b) REQUIRED ACTIVITIES.—Each parent training

13 and information center assisted under this section shall—

14 ‘‘(1) provide training and information that

15 meets the training and information needs of parents

16 of children with disabilities proposed to be served by

17 the award;

18 ‘‘(2) carry out the activities required of parent

19 training and information centers under paragraphs

20 (2) through (5) of section 653(b);

21 ‘‘(3) establish cooperative partnerships with the

22 parent training and information centers funded

23 under section 653; and
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1 ‘‘(4) be designed to meet the specific needs of

2 families who experience significant isolation from

3 available sources of information and support.

4 ‘‘TECHNICAL ASSISTANCE

5 ‘‘SEC. 655. (a) PROGRAM AUTHORIZED.—The Sec6 retary may provide technical assistance for developing, as7 sisting, and coordinating parent training and information

8 programs under this part.

9 ‘‘(b) PRIORITIES.—The Secretary may focus tech10 nical assistance under this section on areas such as—

11 ‘‘(1) coordinating parent training efforts;

12 ‘‘(2) providing or helping to disseminate infor13 mation to projects;

14 ‘‘(3) assisting centers funded under this part in

15 evaluating themselves;

16 ‘‘(4) promoting the use of technology;

17 ‘‘(5) reaching underserved populations;

18 ‘‘(6) early childhood services;

19 ‘‘(7) assistive technology;

20 ‘‘(8) including children with disabilities in gen21 eral education programs;

22 ‘‘(9) transition from—

23 ‘‘(A) early intervention services to pre24 school;

25 ‘‘(B) preschool to school; or
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1 ‘‘(C) secondary school to postsecondary en2 vironments; and

3 ‘‘(10) alternative methods of dispute resolution.

4 ‘‘DEFINITIONS

5 ‘‘SEC. 656. (a) PARENT ORGANIZATION.—As used in

6 this part, the term ‘parent organization’ means a private

7 nonprofit organization (but not including an institution of

8 higher education) that either—

9 ‘‘(1) has a board of directors—

10 ‘‘(A) the majority of whom are parents of

11 children with disabilities;

12 ‘‘(B) that includes—

13 ‘‘(i) individuals working in the fields

14 of special education, related services, and

15 early intervention; and

16 ‘‘(ii) individuals with disabilities; and

17 ‘‘(C) the parent and professional members

18 of which are broadly representative of the popu19 lation to be served; or

20 ‘‘(2) represents the interests of individuals with

21 disabilities and has established a special governing

22 committee to administer the proposed project that

23 meets the requirements of subparagraphs (A), (B),

24 and (C) of paragraph (1).

25 ‘‘(b) LOCAL PARENT ORGANIZATION.—As used in

26 this part, the term ‘local parent organization’ means a
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1 parent organization, as defined in subsection (a), that ei2 ther—

3 ‘‘(1) has a board of directors the majority of

4 whom are from the community to be served by the

5 proposed project; or

6 ‘‘(2)(A) has the interests of individuals with

7 disabilities from that community as a part of its

8 mission; and

9 ‘‘(B) has a special governing committee to

10 administer the project, a majority of the mem11 bers of which are from that community.

12 ‘‘AUTHORIZATION OF APPROPRIATIONS

13 ‘‘SEC. 657. (a) GENERAL.—For the purpose of carry14 ing out this part, there are authorized to be appropriated

15 such sums as may be necessary for each of the fiscal years

16 1997 through 2001.

17 ‘‘(b) COMMUNITY PARENT RESOURCE CENTERS.—

18 For any fiscal year for which the amount appropriated for

19 this part is at least $13,535,000, the Secretary shall make

20 at least five awards for community parent resource centers

21 under section 654.

22 ‘‘PART G—TECHNOLOGY DEVELOPMENT AND

23 EDUCATIONAL MEDIA SERVICES

24 ‘‘FINDINGS

25 ‘‘SEC. 661. The Congress finds that—
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1 ‘‘(1) Federal support for technology research

2 and development has resulted in major innovations

3 that have significantly improved the lives of individ4 uals with disabilities;

5 ‘‘(2) Federal support for the development and

6 application of technology to address the needs of in7 dividuals with disabilities is needed because of the

8 small size of the potential markets;

9 ‘‘(3) Federal support is needed to stimulate the

10 development of software, inter-active learning tools,

11 and devices to address the educational needs of chil12 dren with certain disabilities;

13 ‘‘(4) individuals involved in the education of

14 children with disabilities need to be more aware of,

15 and competent in the use of, technology for children

16 with disabilities; and

17 ‘‘(5) more information is needed on professional

18 development and organizational arrangements that

19 support the integration of technology into the cur20 riculum to improve educational results for children

21 with disabilities.

22 ‘‘PURPOSES

23 ‘‘SEC. 662. The purposes of this part are to—

24 ‘‘(1) support research on, and the development

25 of, advanced technology, and promote the expanded

26 use of existing technology, that will help improve
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1 early intervention and education services for children

2 with disabilities so that they can—

3 ‘‘(A) meet developmental goals and, to the

4 maximum extent possible, those challenging

5 standards that have been established for all

6 children; and

7 ‘‘(B) be prepared to lead productive, inde8 pendent adult lives to the maximum extent pos9 sible;

10 ‘‘(2) address the educational needs and promote

11 the general welfare of deaf and hard-of-hearing indi12 viduals through media; and

13 ‘‘(3) address the educational needs of visually

14 impaired (including blind) and print-disabled individ15 uals and the general welfare of visually impaired in16 dividuals through media.

17 ‘‘TECHNOLOGY DEVELOPMENT

18 ‘‘SEC. 663. (a) PROGRAM AUTHORIZED.—The Sec19 retary may make grants to, and enter into contracts and

20 cooperative agreements with, eligible entities to support

21 activities that will carry out the purpose of this part stated

22 in section 662(1).

23 ‘‘(b) AUTHORIZED ACTIVITIES.—In carrying out this

24 section, the Secretary may support any activities that are

25 consistent with subsection (a), including—
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1 ‘‘(1) conducting research and development on

2 the use of innovative and emerging technologies for

3 children with disabilities;

4 ‘‘(2) promoting the use of innovative and

5 emerging technologies for children with disabilities

6 by improving and expanding the transfer of tech7 nology from research and development to practice;

8 ‘‘(3) conducting research on, and developing,

9 assistive and instructional technologies to improve

10 learning;

11 ‘‘(4) conducting research on effective models of

12 professional development and school policies that

13 support the use of technology in the school, the

14 home, the workplace, and community settings;

15 ‘‘(5) providing technical assistance to recipients

16 under this section in the development of accessible,

17 effective, and usable products;

18 ‘‘(6) communicating information on—

19 ‘‘(A) available technology; and

20 ‘‘(B) models described in paragraph (4);

21 ‘‘(7) conducting research on captioning or video

22 description; and

23 ‘‘(8) supporting research and development of

24 technology with universal design features, so that it
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1 is accessible to individuals with disabilities without

2 further modification or adaptation.

3 ‘‘EDUCATIONAL MEDIA SERVICES

4 ‘‘SEC. 664. (a) PROGRAM AUTHORIZED.—The Sec5 retary may make grants to, and enter into contracts and

6 cooperative agreements with, eligible entities to support

7 the use of media to—

8 ‘‘(1) address the educational needs and promote

9 the general welfare of deaf and hard-of-hearing indi10 viduals through media; and

11 ‘‘(2) address the educational needs of visually

12 impaired (including blind) and print-disabled individ13 uals and the general welfare of visually impaired in14 dividuals through media.

15 ‘‘(b) AUTHORIZED ACTIVITIES.—In carrying out this

16 section, the Secretary may support any activities that are

17 consistent with subsection (a), including—

18 ‘‘(1) video description, open captioning, or

19 closed captioning of television programs, videos, or

20 educational materials;

21 ‘‘(2) distributing captioned and described videos

22 or educational materials;

23 ‘‘(3) recording free educational materials, in24 cluding textbooks, for visually impaired and print25 disabled students in elementary, secondary, post26 secondary, and graduate schools; and
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1 ‘‘(4) providing, through the National Theatre of

2 the Deaf and other means, cultural experiences to—

3 ‘‘(A) enrich the lives of deaf and hard-of4 hearing children and adults;

5 ‘‘(B) increase public awareness and under6 standing of deafness and of the artistic and in7 tellectual achievements of deaf and hard-of8 hearing individuals; and

9 ‘‘(C) promote the integration of hearing,

10 deaf, and hard-of-hearing individuals through

11 shared cultural, educational, and social experi12 ences.

13 ‘‘AUTHORIZATION OF APPROPRIATIONS

14 ‘‘SEC. 665. For the purpose of carrying out this part,

15 there are authorized to appropriated such sums as may

16 be necessary for each of the fiscal years 1997 through

17 2001.’’.

18 TITLE IV—AMENDMENTS TO PART H OF THE

19 IDEA

20 DEFINITIONS

21 SEC. 401. Section 672 of the IDEA is amended—

22 (1) in paragraph (1)—

23 (A) by inserting ‘‘—’’ after ‘‘toddlers with

24 disabilities’’;

25 (B) by redesignating subparagraphs (A)

26 and (B) as clauses (i) and (ii);
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1 (C) by designating ‘‘means individuals’’

2 and all that follows through the end of the first

3 sentence thereof as subparagraph (A);

4 (D) by designating the second sentence

5 thereof as subparagraph (B);

6 (E) in subparagraph (A)(ii), as redesig7 nated, by striking out the period following ‘‘de8 velopmental delay’’ and inserting in lieu thereof

9 a semicolon and ‘‘and’’; and

10 (F) by amending subparagraph (B), as

11 designated by subparagraph (D), to read as fol12 lows:

13 ‘‘(B) may also include, at a State’s discre14 tion, at-risk infants and toddlers, as defined in

15 paragraph (5).’’; and

16 (2) by adding at the end thereof a new para17 graph (5) to read as follows:

18 ‘‘(5) The term ‘at-risk infants and toddlers’

19 means individuals from birth through age two who

20 are at risk of having substantial developmental

21 delays if early intervention services are not pro22 vided.’’.

23 GENERAL AUTHORITY

24 SEC. 402. Section 673 of the IDEA is amended by

25 striking out ‘‘develop’’ and inserting in lieu thereof ‘‘im26 plement’’.
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1 ELIGIBILITY

2 SEC. 403. (a) The heading for section 674 of the

3 IDEA is amended by striking out ‘‘GENERAL’’.

4 (b) Section 674 of the IDEA is further amended by

5 striking out ‘‘that the State’’ and all that follows through

6 the end thereof and inserting in lieu thereof ‘‘that the

7 State—

8 ‘‘(A) has adopted a policy that appropriate

9 early intervention services are available to all infants

10 and toddlers in the State who are eligible under this

11 part and their families; and

12 ‘‘(B) has in effect the statewide system required

13 by section 675.’’.

14 CONTINUING ELIGIBILITY

15 SEC. 404. (a) REPEAL OF SECTION 675.—Section

16 675 of the IDEA is repealed.

17 (b) REDESIGNATION OF SECTIONS.—Sections 676

18 and 677 of the IDEA are redesignated as sections 675

19 and 676, respectively.

20 REQUIREMENTS FOR STATEWIDE SYSTEM

21 SEC. 405. Subsection (b) of section 675 of the IDEA,

22 as redesignated by section 404(b), is amended—

23 (1) by amending paragraph (2) to read as fol24 lows:

25 ‘‘(2) a statement of—
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1 ‘‘(A) which infants and toddlers will be

2 served under section 676; and

3 ‘‘(B) which infants and toddlers will be

4 served under section 677,’’;

5 (2) in paragraph (3)—

6 (A) by striking out ‘‘to appropriately assist

7 in the development of the infant or toddler with

8 a disability’’;

9 (B) by designating the remaining text as

10 subparagraph (A);

11 (C) by inserting ‘‘and’’ after the comma at

12 the end thereof; and

13 (D) by adding at the end thereof a new

14 subparagraph (B) to read a follows:

15 ‘‘(B) a timely assessment of each at-risk

16 infant and toddler to be served under section

17 677,’’;

18 (3) in paragraph (4)—

19 (A) by inserting ‘‘(A)’’ after the paragraph

20 number;

21 (B) by striking out ‘‘section 677’’ and in22 serting in lieu thereof ‘‘section 676’’;

23 (C) by adding ‘‘and’’ after the comma at

24 the end thereof; and
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1 (D) by adding at the end thereof a new

2 subparagraph (B) to read as follows:

3 ‘‘(B) for each at-risk infant and toddler to

4 be served under section 677, a statement of

5 services to be provided, including service coordi6 nation, in accordance with that section,’’;

7 (4) in paragraph (6)—

8 (A) by striking out ‘‘identification of in9 fants and toddlers with disabilities’’ and insert10 ing in lieu thereof ‘‘identification of infants and

11 toddlers served under this part’’; and

12 (B) by striking out ‘‘parents of infants

13 with disabilities’’ and inserting in lieu thereof

14 ‘‘parents of infants and toddlers’’;

15 (5) in paragraph (8)—

16 (A) by striking out ‘‘section 613(a)(3) and

17 inserting in lieu thereof ‘‘section 612(a)(14) (or

18 with the personnel development requirements

19 for State Improvement Plans under section

20 624, as amended by section 302 of the Individ21 uals with Disabilities Education Act Amend22 ment of 1995)’’;

23 (B) in subparagraph (C), by inserting

24 ‘‘and innercity’’ after ‘‘rural’’; and

25 (C) in subparagraph (D)—
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1 (i) by striking out ‘‘with disabilities’’

2 and inserting in lieu thereof ‘‘served under

3 this part’’; and

4 (ii) by striking out ‘‘a preschool pro5 gram under section 619 of part B.’’ and

6 inserting in lieu thereof ‘‘preschool or

7 other services,’’;

8 (6) in paragraph (9)(D), by striking out ‘‘in9 fants and toddlers with disabilities and their fami10 lies’’ and inserting in lieu thereof ‘‘infants and tod11 dlers and their families under this part’’;

12 (7) in paragraph (13)—

13 (A) in subparagraph (B), by striking out

14 ‘‘and’’ at the end thereof and inserting in lieu

15 thereof ‘‘except that’’; and

16 (B) by adding at the end thereof a new

17 subparagraph (C) to read as follows:

18 ‘‘(C) nothing in this Act, including sub19 paragraphs (A) and (B) of this paragraph, pro20 hibits the use of paraprofessionals who are ap21 propriately trained and supervised, in meeting

22 the requirements of this part,’’;

23 (8) by amending paragraph (14) to read as fol24 lows:
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1 ‘‘(14) a system for compiling data requested by

2 the Secretary under section 618 that relates to this

3 part, and’’;

4 (9) by adding at the end thereof a new para5 graph (15) to read as follows:

6 ‘‘(15) a State Interagency Coordinating Council

7 that meets the requirements of section 682.’’;

8 (10) by redesignating paragraph (13) as para9 graph (9); and

10 (11) by redesignating paragraphs (9) through

11 (12) as paragraphs (10) through (13), respectively.

12 INDIVIDUALIZED FAMILY SERVICE PLANS

13 SEC. 406. Subsection (d) of section 676 of the IDEA,

14 as redesignated by section 404(b), is amended—

15 (1) in paragraph (1), by striking out ‘‘accept16 able’’; and

17 (2) in paragraph (8)—

18 (A) by striking out ‘‘supporting’’ and in19 serting in lieu thereof ‘‘to support’’; and

20 (B) by striking out ‘‘services provided’’

21 and all that follows through ‘‘appropriate’’ and

22 inserting in lieu thereof ‘‘preschool or other ap23 propriate services’’.
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1 STATEMENT OF SERVICES FOR AT-RISK INFANTS AND

2 TODDLERS

3 SEC. 407. Part H of the IDEA is further amended

4 by inserting after section 676, as redesignated by section

5 404(b), a new section 677 to read as follows:

6 ‘‘STATEMENT OF SERVICES FOR AT-RISK INFANTS AND

7 TODDLERS

8 ‘‘SEC. 677. (a) APPLICABILITY; ASSESSMENT AND

9 PROGRAM DEVELOPMENT.—Any State that, in accord10 ance with section 678(a)(4), elects to provide services

11 under this part to at-risk infants and toddlers in accord12 ance with this section shall provide each at-risk infant and

13 toddler, and the infant’s or toddler’s family—

14 ‘‘(1) a timely assessment of the unique

15 strengths and needs of the infant or toddler;

16 ‘‘(2) at the discretion of the family, a timely

17 family-directed assessment of the resources, prior18 ities, and concerns of the family, including the iden19 tification of supports and services needed to enhance

20 the family’s capacity to meet the infant’s or tod21 dler’s developmental needs; and

22 ‘‘(3) a written statement of services to be pro23 vided the infant or toddler through programs as24 sisted under this part which, at a minimum, shall in25 clude service coordination.
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1 ‘‘(b) DEVELOPMENT OF STATEMENT OF SERVICES.—

2 (1) The child’s service coordinator, together with the par3 ents of the infant or toddler, and others as appropriate,

4 shall develop the statement of services described in sub5 section (a)(3) within a reasonable time after the assess6 ments required by subsections (a) (1) and (2) are com7 pleted.

8 ‘‘(2) If the parent consents, services may be provided

9 before the statement of services is completed.

10 ‘‘(c) CONTENTS OF THE STATEMENT OF SERV11 ICES.—The statement of services for each at-risk infant

12 and toddler shall contain—

13 ‘‘(1) a statement of the infant’s or toddler’s

14 present levels of development based on objective cri15 teria;

16 ‘‘(2) at the discretion of the family, a statement

17 of the family’s resources, priorities, and concerns re18 lating to enhancing the development of the infant or

19 toddler;

20 ‘‘(3) a statement of services needed by the in21 fant or toddler and the family, including a statement

22 of the service coordination and any other early inter23 vention services to be provided under this part and

24 referrals to, or linkages with, other public or private

25 resources;
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1 ‘‘(4) the name of the service coordinator; and

2 ‘‘(5) in the case of a toddler, the steps to be

3 taken to support transition to preschool or other

4 services, as appropriate.

5 ‘‘(d) PERIODIC REVIEW.—(1) The child’s service co6 ordinator, together with the parents of the infant or tod7 dler, and others as appropriate, shall review (and revise,

8 as appropriate) the statement of services—

9 ‘‘(A) every six months;

10 ‘‘(B) whenever requested by the family; or

11 ‘‘(C) whenever a review would be appropriate

12 based on the needs of the infant or toddler and the

13 family.

14 ‘‘(2) The review shall determine whether—

15 ‘‘(A) the infant or toddler is an infant or tod16 dler with a disability; and

17 ‘‘(B) whether a reassessment of the child or

18 family is needed.

19 ‘‘(e) PARENTAL CONSENT.—(1) The contents of the

20 statement of services shall be fully explained to the par21 ents in their native language or other mode of communica22 tion.

23 ‘‘(2) Informed written consent from the parents shall

24 be obtained before any early intervention services are pro25 vided under this part.
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1 ‘‘(3) If the parents do not consent to the provision

2 of a particular early intervention service, only the services

3 to which they have consented shall be provided.’’.

4 STATE APPLICATIONS AND ASSURANCES

5 SEC. 408. (a) Section 678(a) of the IDEA is amend6 ed—

7 (1) in paragraph (3), by adding after the

8 comma at the end thereof ‘‘including—

9 ‘‘(A) information demonstrating to the

10 Secretary’s satisfaction that the State has in ef11 fect the statewide system required by section

12 675; and

13 ‘‘(B) a description of services to be pro14 vided to infants and toddlers with disabilities

15 and their families under this part,’’;

16 (2) by amending paragraph (4) to read as fol17 lows:

18 ‘‘(4)(A) a statement of whether the State will

19 serve at-risk infants and toddlers as infants and tod20 dlers with disabilities; and

21 ‘‘(B) if not, but if it will serve at-risk infants

22 and toddlers under section 677—

23 ‘‘(i) a description of the services it will pro24 vide;
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1 ‘‘(ii) an assurance that, at a minimum, the

2 State will provide service coordination for those

3 infants and toddlers; and

4 ‘‘(iii) an assurance that the parents of each

5 such infant and toddler with be provided a

6 statement of services in accordance with section

7 677,’’; and

8 (3) by amending paragraph (8) to read as fol9 lows:

10 ‘‘(8) a description of the policies and procedures

11 to be used—

12 ‘‘(A) to ensure a smooth transition for tod13 dlers receiving early intervention services under

14 this part to preschool or other appropriate serv15 ices, including a description of—

16 ‘‘(i) how the families of toddlers will

17 be included in the transition plans required

18 by subparagraph (C); and

19 ‘‘(ii) how the lead agency under this

20 part will—

21 ‘‘(I) notify the local education

22 agency in which the toddler resides;

23 ‘‘(II) with the approval of the

24 family, convene a conference among

25 the lead agency, the family, and the
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1 local educational agency at least 90

2 days before the child is eligible for

3 preschool services under part B of

4 this Act in accordance with State law;

5 and

6 ‘‘(III) with the approval of the

7 family, make reasonable efforts to

8 convene a conference among the lead

9 agency, the family, and providers of

10 other appropriate services for children

11 who are not eligible for preschool serv12 ices under part B;

13 ‘‘(B) review the child’s program options for

14 the period from the child’s third birthday

15 through the remainder of the school year; and

16 ‘‘(C) establish a transition plan, and’’.

17 (b) Section 678(b) of the IDEA is amended—

18 (1) in paragraph (5), by striking out ‘‘infants

19 and toddlers with disabilities and their families’’ and

20 inserting in lieu thereof ‘‘infants and toddlers and

21 their families under this part’’; and

22 (2) in paragraph (7)—

23 (A) by striking out ‘‘traditionally’’; and

24 (B) by striking out ‘‘and rural’’ and insert25 ing in lieu thereof ‘‘rural, and inner-city’’.
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1 USES OF FUNDS

2 SEC. 409. Section 679 of the IDEA is amended—

3 (1) by striking out ‘‘plan, develop, and’’;

4 (2) in paragraph (1), by striking out ‘‘with dis5 abilities and their families’’ and inserting in lieu

6 thereof ‘‘and their families under this part’’; and

7 (3) in paragraph (2), by striking out ‘‘with dis8 abilities and their families’’ and inserting in lieu

9 thereof ‘‘and their families under this part’’.

10 PROCEDURAL SAFEGUARDS

11 SEC. 410. Section 680 of the IDEA is amended—

12 (1) in paragraphs (5) and (6), by striking out

13 ‘‘with a disability’’;

14 (2) by redesignating paragraph (8) as sub15 section (b);

16 (3) by designating the remaining text as sub17 section (a);

18 (4) in subsection (a), as so designated, by in19 serting the heading ‘‘MINIMUM PROCEDURES.’’ after

20 ‘‘(a)’’;

21 (5) by adding a new paragraph (8) at the end

22 of subsection (a), as designated by paragraph (3), to

23 read as follows:

24 ‘‘(8) The right of parents to use mediation in

25 accordance with section 615(d), except that—
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1 ‘‘(A) references in that section to the State

2 educational agency shall be understood to refer

3 to the State’s lead agency under this part; and

4 ‘‘(B) references in that section to a public

5 agency shall be understood to refer to a local

6 service provider or the State’s lead agency

7 under this part, as the case may be.’’; and

8 (6) in subsection (b), as redesignated by para9 graph (2), by inserting the heading ‘‘SERVICES DUR10 ING PENDENCY OF PROCEEDINGS.’’ after ‘‘(b)’’.

11 STATE INTERAGENCY COORDINATING COUNCIL

12 SEC. 411. Section 682(b)(1) of the IDEA is amended

13 by adding at the end thereof new subparagraphs (H) and

14 (I) to read as follows:

15 ‘‘(H) A representative from a Head Start

16 agency or program in the State.

17 ‘‘(I) A representative from a State agency

18 responsible for child care.’’.

19 ALLOCATION OF FUNDS

20 SEC. 412. Section 684 of the IDEA is amended—

21 (1) in subsection (a)—

22 (A) by inserting ‘‘up to’’ before ‘‘1 per23 cent’’;

24 (B) by striking out ‘‘the Republic of the

25 Marshall Islands, the Federated States of Mi26 cronesia, the Republic of Palau,’’;
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1 (C) by redesignating subsection (a) as

2 paragraph (1) of subsection (a); and

3 (D) by adding at the end thereof a new

4 paragraph (2) to read as follows:

5 ‘‘(2) The provisions of Public Law 95–134, permit6 ting the consolidation of grants to the outlying areas, shall

7 not apply to funds those areas receive under this part.’’;

8 (2) by redesignating subsections (c) and (d) as

9 subsections (e) and (f), respectively;

10 (3) by inserting, after subsection (b), new sub11 sections (c) and (d) to read as follows:

12 ‘‘(c) The Secretary shall reserve up to .05 of one per13 cent of the amount appropriated under section 687 for any

14 fiscal year for the operations of the Federal Interagency

15 Coordinating Council under section 685, other than activi16 ties of the panel of experts under section 686.

17 ‘‘(d) The Secretary may reserve up to $100,000 for

18 the expenses of the panel of experts established under sec19 tion 686.’’;

20 (4) in subsection (e), as redesignated by para21 graph (2)—

22 (A) in paragraph (1)—

23 (i) by striking out ‘‘paragraphs (3),

24 (4), and (5)’’ and inserting in lieu thereof

25 ‘‘paragraphs (2), (3), and (4),’’; and
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1 (ii) by striking out ‘‘subsections (a)

2 and (b)’’ and inserting in lieu thereof

3 ‘‘subsections (a) through (d) and section

4 646(b)’’;

5 (B) by striking out paragraph (2);

6 (C) by redesignating paragraphs (3)

7 through (6) as paragraphs (2) through (5), re8 spectively;

9 (D) in paragraph (2), as so redesignated—

10 (i) by striking out ‘‘paragraphs (4)

11 and (5)’’ and inserting in lieu thereof

12 ‘‘paragraphs (3) and (4)’’;

13 (ii) by striking out ‘‘greater’’ and in14 serting in lieu thereof ‘‘greatest’’;

15 (iii) in subparagraph (A), by striking

16 out ‘‘paragraph (1), excluding any

17 amounts allotted under paragraph (2); or’’

18 and inserting in lieu thereof ‘‘paragraph

19 (1);’’;

20 (iv) in subparagraph (B), by striking

21 out the period at the end thereof and in22 serting in lieu thereof a semicolon and

23 ‘‘or’’; and

24 (v) by adding at the end thereof a new

25 subparagraph (C) to read as follows:
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1 ‘‘(C) for any fiscal year for which the total

2 amount appropriated to carry out this part ex3 ceeds the total amount appropriated to carry

4 out this part for the preceding fiscal year by a

5 percentage greater than the most recent per6 centage change in the Fixed Weight Gross Na7 tional Product price index, an amount equal to

8 the State’s allotment for the preceding fiscal

9 year increased by the percentage change in the

10 Fixed Weight Gross National Product price

11 index.’’;

12 (E) in paragraph (3), as redesignated by

13 subparagraph (C), by striking out ‘‘paragraph

14 (5)’’ and inserting in lieu thereof ‘‘paragraph

15 (4)’’ and

16 (F) in paragraph (5), as redesignated by

17 subparagraph (C)—

18 (i) by striking out ‘‘paragraph (1)’’

19 and inserting in lieu thereof ‘‘this sub20 section’’; and

21 (ii) by amending subparagraph (B) to

22 read as follows:

23 ‘‘(B) the term ‘State’ means each of the 50

24 States, the District of Columbia, and the Com25 monwealth of Puerto Rico.’’; and
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1 (5) in subsection (f), as redesignated by para2 graph (2), by striking out ‘‘subsection (c)(1)’’ and

3 inserting in lieu thereof ‘‘subsection (e)(1)’’.

4 FEDERAL INTERAGENCY COORDINATING COUNCIL

5 SEC. 413. (a) PURPOSE OF COUNCIL.—Section

6 685(a)(1) of the IDEA is amended by inserting a comma

7 and ‘‘including at-risk infants and toddlers,’’ after ‘‘in8 fants and toddlers with disabilities’’.

9 (b) COMPOSITION OF THE COUNCIL.—Section

10 685(b)(18) of the IDEA is amended—

11 (1) by striking out ‘‘at least 3’’; and

12 (2) by inserting a comma and ‘‘who shall con13 stitute at least 20 percent of the members of the

14 Council’’ before the semicolon at the end thereof.

15 (c) FUNCTIONS OF THE COUNCIL.—Section

16 685(d)(1) of the IDEA is amended to read as follows:

17 ‘‘(1) advise and assist the Secretaries of Edu18 cation, Health and Human Services, Defense, Agri19 culture, and the Interior and the Commissioner of

20 the Social Security Administration in the perform21 ance of their responsibilities related to serving chil22 dren aged birth through five who are eligible for

23 services under this part or under part B of this

24 Act;’’.
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1 (d) FACA INAPPLICABLE.—Section 685 of the IDEA

2 is further amended by adding at the end thereof a new

3 subsection (f) to read as follows:

4 ‘‘(f) The Federal Advisory Committee Act shall not

5 apply to the establishment or operation of the Council.’’.

6 STUDY OF DEFINITION OF ‘‘DEVELOPMENTAL DELAY’’

7 SEC. 414. (a) REDESIGNATION OF SECTION.—Sec8 tion 686 of the IDEA is redesignated as section 687.

9 (b) DEFINITION OF ‘‘DEVELOPMENTAL DELAY’’.—

10 Part H of the IDEA is amended by inserting after section

11 685 a new section 686 to read as follows:

12 ‘‘STUDY OF DEFINITION OF ‘DEVELOPMENTAL DELAY’

13 ‘‘SEC. 686. (a) PANEL OF EXPERTS.—(1) Within

14 three months of the enactment of the Individuals with Dis15 abilities Education Act Amendments of 1995, the Federal

16 Interagency Coordinating Council established under sec17 tion 685 shall convene a panel of experts to develop rec18 ommendations to the Secretary for a uniform national def19 inition of the term ‘‘developmental delay’’ as that term

20 is used in this part.

21 ‘‘(2) The panel shall include recognized experts in—

22 ‘‘(A) health and child development, whose work

23 includes—

24 ‘‘(i) the evaluation and assessment of in25 fants and toddlers with disabilities;
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1 ‘‘(ii) the study of congenital or perinatal

2 disorders in children; or

3 ‘‘(iii) the measurement of developmental

4 milestones in infants and toddlers;

5 ‘‘(B) the administration of disability programs

6 for young children; and

7 ‘‘(C) other fields that the Secretary finds ap8 propriate.

9 ‘‘(3) The panel shall also—

10 ‘‘(A) have no more than 12 members; and

11 ‘‘(B) include at least one parent of a child with

12 a disability under the age of six.

13 ‘‘(b) PANEL RECOMMENDATIONS.—The panel shall

14 report its recommendations to the Secretary not later than

15 nine months after the enactment of the Individuals with

16 Disabilities Education Act Amendments of 1995.

17 ‘‘(c) REGULATORY DEFINITION.—(1) After receiving

18 the panel’s recommendations, the Secretary may publish

19 a proposed regulatory definition of the term ‘‘developmen20 tal delay’’ for the purposes of this part.

21 ‘‘(2) After taking comments from the public on any

22 definition proposed under paragraph (1), the Secretary

23 may issue a final regulatory definition, which shall not

24 take effect until at least one year after it is published.
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1 ‘‘(d) FACA INAPPLICABLE.—The Federal Advisory

2 Committee Act shall not apply to the establishment or op3 eration of the panel convened under this section.’’.

4 AUTHORIZATION OF APPROPRIATIONS

5 SEC. 415. Section 687 of the IDEA, as redesignated

6 by section 414(a), is amended to read as follows:

7 ‘‘AUTHORIZATION OF APPROPRIATIONS

8 ‘‘SEC. 687. For the purpose of carrying out this part,

9 there are authorized to be appropriated such sums as may

10 be necessary for each of the fiscal years 1996 through

11 2001.’’.

12 TECHNICAL AND CONFORMING AMENDMENTS

13 SEC. 416. (a) Section 672 of the IDEA is amended—

14 (1) in paragraph (2)(H), by striking out ‘‘sec15 tion 677’’ and inserting in lieu thereof ‘‘section

16 676’’; and

17 (2) in paragraph (3), by striking out ‘‘section

18 676(b)(1)’’ and inserting in lieu thereof ‘‘section

19 675(b)(1)’’.

20 (b) Subsection (e) of section 676 of the IDEA, as

21 redesignated by section 404(b), is amended by striking out

22 ‘‘or guardian’’ each place it appears.

23 (c) Section 678 of the IDEA is amended—

24 (1) in subsection (a)(6), by striking out ‘‘and,

25 for the fifth and succeeding fiscal years,’’ and insert26 ing in lieu thereof ‘‘and’’; and
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1 (2) in subsection (b)(7), by striking out ‘‘begin2 ning in fiscal year 1992,’’.

3 (d) Section 679 of the IDEA is amended by striking

4 out ‘‘section 676’’ and inserting in lieu thereof ‘‘section

5 675’’.

6 (e) Section 680 of the IDEA is amended—

7 (1) by striking out ‘‘or guardian’’, ‘‘or a guard8 ian’’, ‘‘or guardians’’, and ‘‘or guardian’s’’ each

9 place they appear; and

10 (2) in subsection (a), as designated by section

11 410(3)—

12 (A) by striking out ‘‘section 676(b)(12)

13 shall provide’’ and inserting in lieu thereof

14 ‘‘section 675(b)(13) shall include’’; and

15 (B) in paragraph (1), by striking out

16 ‘‘complaint, which action may be brought’’ and

17 inserting in lieu thereof ‘‘complaint’’.

18 (f) Section 682 of the IDEA is amended—

19 (1) in subsection (a)(3), by striking out ‘‘sec20 tion 676(b)(9)’’ and inserting in lieu thereof ‘‘section

21 675(b)(10)’’;

22 (2) in subsection (e)(1)(A), by striking out

23 ‘‘section 676(b)(9)’’ and inserting in lieu thereof

24 ‘‘section 675(b)(10)’’; and

25 (3) by striking out subsection (g).
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1 (g) Section 683(a) of the IDEA is amended by strik2 ing out ‘‘section 676(b)(9)’’ and inserting in lieu thereof

3 ‘‘section 675(b)(10)’’.

4 (h) Section 684(b)(2) of the IDEA is amended by

5 striking out ‘‘The Secretary of the Interior’’ and all that

6 follows through ‘‘shall receive’’ in subparagraph (B) and

7 inserting in lieu thereof ‘‘For each fiscal year, the Sec8 retary of the Interior shall distribute the entire payment

9 received under paragraph (1) by providing to each tribe

10 or tribal organization’’.

11 (i) Section 685(b) of the IDEA is amended—

12 (1) in paragraph (16), by striking out ‘‘Alcohol,

13 Drug Abuse and Mental Health Administration’’ and

14 inserting in lieu thereof ‘‘Substance Abuse and Men15 tal Health Services Administration’’; and

16 (2) in paragraph (17), by striking out ‘‘Aids’’

17 and inserting in lieu thereof ‘‘AIDS’’.

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