Appendix J: EXCERPT FROM IDEA, P.L. 108-446

An Act

.

To reauthorize the Individuals with Disabilities Education Act, and for 

 other purposes. <<NOTE: Dec. 3, 2004 - [H.R. 1350]>> 

 Be it enacted by the Senate and House of Representatives of the 

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

Disabilities Education Improvement Act of 2004. 20 USC 1400 note.>> 

SECTION 1. SHORT TITLE.

 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) early intervention services to infants and 

 toddlers with disabilities, and infants and toddlers who 

 would be at risk of having substantial developmental 

 delays 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 purposes of this title;

 ``(B) to provide timely information to the 

 President, Congress, the States, local educational 
Appendix J: EXCERPT FROM IDEA, P.L. 108-446

 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 

 effectively.

 ``(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 types of programs and services that have 

 demonstrated the greatest likelihood of helping students 

 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 children 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 

 with disabilities in the general education 

 curriculum;

 ``(iii) improving the transitions of children 

 with disabilities at natural transition points;

 ``(iv) placing and serving children with 

 disabilities, including minority children, in the 

 least restrictive environment appropriate;
Appendix J: EXCERPT FROM IDEA, P.L. 108-446

 ``(v) preventing children with disabilities, 

 especially 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 reports.--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 

 years after the date of enactment of the Individuals 

 with Disabilities Education Improvement Act of 2004; and

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

 assessment not later than 5 years after the date of 

 enactment 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 determine--

[[Page 118 STAT. 2785]]

 ``(A) eligibility for alternate assessments; and

 ``(B) the number and type 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 State academic content standards in 

 reading, mathematics, and science; and

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

 appropriately measuring student progress and outcomes specific 

 to individualized instructional need.
Appendix J: EXCERPT FROM IDEA, P.L. 108-446

 ``(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) analyzes 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 carrying out this section, the 

Secretary may support objective studies, evaluations, and assessments, 

including studies that--

 ``(1) analyze measurable impact, outcomes, and results 

 achieved by State educational 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) analyze 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 educational 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 system; 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. 108-446

 including longitudinal studies that--

[[Page 118 STAT. 2786]]

 ``(A) examine educational and transitional services 

 and results for children with disabilities who are 3 

 through 17 years of age and are receiving special 

 education and related services under this title, using a 

 national, representative sample of distinct age cohorts 

 and disability categories; and

 ``(B) examine educational results, transition 

 services, postsecondary placement, and employment status 

 for individuals with disabilities, 18 through 21 years 

 of age, who are receiving or have received special 

 education and related 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