Appendix J: EXCERPT FROM IDEA, P.L. 108

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An Act

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

other purposes. <<NOTE: Dec. 3, 2004

- [H.R. 1350]>>

Be it enacted b y the Senate and House of Representatives of the

United States of America in Congress assembled, <<NOTE: Individuals with

Disabilities Education I mprovement Act of 2004. 20 USC 1400 note.>>

SECTI ON 1. SHORT TITL E.

This Act may

be cited as the ``Individuals with Disabilities

Education Improvement Act of 2004''.

...

``SEC. 664. <<NOTE: 20 USC 1464.>> STUDIES AND EVALUATIONS.

``(a) Studies and Evaluations.

-- ``(1) Delegation.

-- The Secretary shall delegate to the

Director of the Institute of Education Sciences responsibility

to carry out this section, other than subsections (d) and (f).

``(2) Assessment.

-- The Secretary shall, directly

or through

grants , contracts, or cooperative agreements awarded to eligible

entities on a competitive basis, assess the progress in the

implementation of this title, including the effectiveness of

State and local efforts to provide

-- ``(A) a free appropriate public education to

children with disabilities; and

``(B) earl y i ntervention services to infants and

toddlers with disabilities, and infants and toddlers who

would be at risk of having substantial developmental

delay s if early

intervention services were not provided

to the infants and toddlers.

``(b) Assessment of National Activities.

-- ``(1) In general.

- - The Secretary shall carry out a national

assessment of activities carried out with Federal funds under

this title in order

-- ``(A) to determine the effectiveness of this title

in achieving the purpose s of this title;

``(B) to provide timely

information to the

President, Congress, the States, local educationalAppendix J: EXCERPT FROM IDEA, P.L. 108

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agencies, and the public on how to implement this title

more effectively; and

``(C) to provide the President and Congress with

information that will be useful in developing

legislation to achieve the purposes of this title more

effectivel y. ``( 2) Scope of assessment.

-- The national assessment shall

assess activities supported under this title, including

-- ``(A) the implementation of programs assisted under

this title and the impact of such programs on addressing

the developmental needs of, and improving the academic

[[Page 118 STAT. 2784]]

achievement of, children with disabilities to enable the

children to reach challenging developmental goals and

challenging State academic content standards based on

State academic assessments;

``(B) the t yp es of programs and services that have

demonstrated the greatest likelihood of helping studen ts

reach the challenging State academic content standards

and developmental goals;

``(C) the implementation of the professional

development activities assisted under this title and the

impact on instruction, student academic achievement, and

teacher qualifications to enhance the ability of special

education teachers and regular education teachers to

improve results for c hildren with disabilities; and

``(D) the effectiveness of schools, local

educational agencies, States, other recipients of

assistance under this title, and the Secretary in

achieving the purposes of this title by

-- ``(i) improving the academic achievement of

children with disabilities and their performance

on regular statewide assessments as compared to

nondisabled children, and the performance of

children with disabilities on alternate

assessments;

``(ii) improving the participation of children

wit h disabilities in the general education

curriculum;

``(iii) improving the transitions of children

with disabilities at natural transition points;

``(iv) placi ng and serving children with

disabilities, including minority children, in the

least restrictive environment appropriate;Appendix J: EXCERPT FROM IDEA, P.L. 108

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``(v) preventing children with disabilities,

especiall y children with emotional disturbances

and specific learning disabilities, from dropping

out of school;

``(vi) addressing the reading and literacy

needs of children with disabilities;

``(vii) reducing the inappropriate

overidentification of children, especially

minority and limited English proficient children,

as having a disability ; ``(viii) improving the participation of

parents of children with disabilities in the

education of their children; and

``(ix) resolving disagreements between

education personnel and parents through alternate

dispute resolution activities, including

mediation.

``(3) Interim and final repo rts.

-- The Secretary shall submit

to the President and Congress

-- ``(A) an interim report that summarizes the

preliminary

findings of the assessment not later than 3

ye ars after the date of enac tment of the Individuals

with Disabilities Education I mprovement Act of 2004; and

``(B) a final report of the findings of the

assessment not later than 5 ye ars after the date of

enactme nt of such Act.

``(c) Study

on Ensuring Accountability for Students Who Are Held to

Alternative Achievement Standards.

-- The Secretary shall carry

out a

national study

or studies to examine

-- ``(1) the criteria that States use to determin e

--

[[Page 118 STAT. 2785]]

``(A) eligibility

for alternate assessments; and

``(B) the number and t ype of children who take those

assessments and are held accountable to alternative

achievement standards;

``(2) the validity

and reliability

of alternate assessment

instruments and procedures;

``(3) the alignment of alternate assessments and alternative

achievement standards to St ate academic content standards in

reading, mathematics, and science; and

``(4) the use and effectiveness of alternate assessments in

appropriatel y measuring student progress and outcomes specific

to individualized ins tructional need.Appendix J: EXCERPT FROM IDEA, P.L. 108

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``(d) Annual Report.

-- The Secretary shall provide an annual report

to Congress that

-- ``(1) summarizes the research conducted under part E of the

Education Sciences Reform Act of 2002;

``(2) anal yz es and summarizes the data reported by the

States and the Secretary

of the Interior under section 618;

``(3) summarizes the studies and evaluations conducted under

this section and the timeline for their completion;

` `(4) describes the extent and progress of the assessment of

national activities; and

``(5) describes the findings and determinations resulting

from reviews of State implementation of this title.

``( e) Authorized Activities.

-- In carry ing out this section, the

Secretary may support objective studies, evaluations, and assessments,

including studies that

-- ``(1) anal yz e measurable impact, outcomes, and results

achieved b y State edu cational agencies and local educational

agencies through their activities to reform policies,

procedures, and practices designed to improve educational and

transitional services and results for children with

disabilities ; ``(2) anal yz e State and local needs for professional

development, parent training, and other appropriate activities

that can reduce the need for disciplinary actions involving

children with disabilities;

``(3) assess educational and transitional services and

results for children with disabilities from minority

backgrounds, including

-- ``(A) data on

-- ``(i) the number of minority children who are referred for special education evaluation;

``(ii) the number of minority children who are

receiving special education and related services

and their educatio nal or other service placement;

``(iii) the number of minority children who

graduated from secondary programs with a regular

diploma in the standard number of years; and

``(iv) the number of minority children who

drop out of the educational s ys tem; and

``(B) the performance of children with disabilities

from minority

backgrounds on State assessments and other

performance indicators established for all students;

``(4) measure educational and transitional services and

results for children with disabilities served under this title,Appendix J: EXCERPT FROM IDEA, P.L. 108

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including long itudinal studies that

--

[[Page 118 STAT. 2786]]

``(A) examine educational and transitional services

and results for children with disabilities who are 3

through 17 ye ars of age and are receiving speci al

education and related services under this title, using a

national, representative sample of distinct age cohorts

and disability

categories; and

``(B) examine educational results, tra nsition

services, postsecondary

placement, and employ

ment status

for individuals with disabilities, 18 through 21 ye ars of age, who are receiving or have received special

education and rel ated services under this title; and

``(5) identify

and report on the placement of children with

disabilities by

disability category

.

``(f) <<NOTE: Reports.>> Study

. -- The Secretary shall study , and

report to Congress regarding, the extent to which States adopt policies

described in section 635(c)(1) and on the effects of those policies.

Source: http://idea.ed.gov/download/statute.html