Calendar No. 416

104TH CONGRESS

2D SESSION S. 1578

[Report No. 104–275]

A BILL

To amend the Individuals with Disabilities Edupurposes. years 1997 through 2002, and for other cation Act to authorize appropriations for fiscal

MAY 20, 1996

Reported with an amendment
II

Calendar No. 416

104TH CONGRESS

2D SESSION S. 1578

[Report No. 104–275]

To amend the Individuals with Disabilities Education Act to authorize

appropriations for fiscal years 1997 through 2002, and for other purposes.

IN THE SENATE OF THE UNITED STATES

FEBRUARY 27 (legislative day, FEBRUARY 23), 1996

Mr. FRIST (for himself, Mr. HARKIN, Mr. BINGAMAN, Mr. BUMPERS, Mr.

BURNS, Mr. CHAFEE, Mr. CRAIG, Mr. DEWINE, Mr. DODD, Mr. DOMENICI, Mr. FEINGOLD, Mr. FORD, Mrs. HUTCHISON, Mr. INHOFE, Mr.

INOUYE, Mr. JEFFORDS, Mr. KEMPTHORNE, Mr. KENNEDY, Mr. KOHL,

Mr. MCCAIN, Mr. MCCONNELL, Ms. MIKULSKI, Mr. MURKOWSKI, Mr.

PELL, Mr. PRESSLER, Mr. SIMON, Mr. SIMPSON, Mr. STEVENS, and Mr.

WARNER) introduced the following bill; which was read twice and referred

to the Committee on Labor and Human Resources

MAY 20, 1996

Reported by Mrs. KASSEBAUM, with an amendment

[Strike out all after the enacting clause and insert the part printed in italic]

A BILL

To amend the Individuals with Disabilities Education Act

to authorize appropriations for fiscal years 1997 through

2002, and for other purposes.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,
2

•S 1578 RS

1 SECTION 1. SHORT TITLE.

2 This Act may be cited as the ‘‘Individuals with Dis3 abilities Education Act Amendments of 1996’’.

4 SEC. 2. TABLE OF CONTENTS.

5 The table of contents for this Act is as follows:

TITLE I—GENERAL PROVISIONS

Sec. 101. Findings.

Sec. 102. Definitions.

Sec. 103. Office of Special Education Programs.

Sec. 104. Requirements for prescribing regulations.

Sec. 105. Eligibility for financial assistance.

Sec. 106. Administrative provisions applicable to discretionary grant programs.

Sec. 107. Repeals.

Sec. 108. Transition Rule.

Sec. 109. Effective date.

TITLE II—ASSISTANCE FOR EDUCATION OF ALL CHILDREN WITH

DISABILITIES

Sec. 201. Entitlements and allocations.

Sec. 202. State eligibility.

Sec. 203. Local educational and State agency eligibility.

Sec. 204. Evaluations, individualized education programs, and educational

placements.

Sec. 205. Chapter 1 State agencies.

Sec. 206. Procedural safeguards.

Sec. 207. Withholding and judicial review.

Sec. 208. Administration.

Sec. 209. Evaluation and program information.

Sec. 210. Preschool grants.

Sec. 211. Payments.

Sec. 212. Applicability of definitions.

Sec. 213. Effective dates.

Sec. 214. Conforming and technical amendments.

TITLE III—SYSTEMS CHANGE

Sec. 301. Systems change.

Sec. 302. Reauthorization for fiscal year 1997 of authorities relating to centers

and services to meet special needs of individuals with disabilities.

Sec. 303. Effective date.

TITLE IV—RESEARCH AND PERSONNEL PREPARATION

Sec. 401. Improving early intervention, educational, and transitional services

and results for children with disabilities through coordinated

research and personnel preparation.

Sec. 402. Conforming amendments.
3

•S 1578 RS

Sec. 403. Reauthorization for fiscal year 1997 of authorities relating to training

personnel for the education of individuals with disabilities.

Sec. 404. Effective date.

TITLE V—TECHNICAL ASSISTANCE, SUPPORT, AND

DISSEMINATION OF INFORMATION

Sec. 501. Improving early intervention, educational, and transitional services

and results for children with disabilities through coordinated

technical assistance, support, and dissemination of information.

Sec. 502. Conforming amendments.

Sec. 503. Reauthorizations for fiscal year 1997.

Sec. 504. Effective date.

TITLE VI—INFANTS AND TODDLERS WITH DISABILITIES

Sec. 601. Findings and policy.

Sec. 602. Definitions.

Sec. 603. General authority.

Sec. 604. Eligibility.

Sec. 605. Continuing eligibility.

Sec. 606. Requirements for statewide system.

Sec. 607. Individualized family service plan.

Sec. 608. State application and assurances.

Sec. 609. Uses of funds.

Sec. 610. Procedural safeguards.

Sec. 611. State Interagency Coordinating Council.

Sec. 612. Conforming amendment.

Sec. 613. Allocation of funds.

Sec. 614. Federal Interagency Coordinating Council.

Sec. 615. Study of definition of developmental delay.

Sec. 616. Authorization of appropriations.

Sec. 617. Effective date.

1 SEC. 3. REFERENCES.

2 Except as otherwise expressly provided, whenever in

3 this Act an amendment or repeal is expressed in terms

4 of an amendment to, or repeal of, a section or other provi5 sion, the reference shall be considered to be made to a

6 section or other provision of the Individuals with Disabil7 ities Education Act (20 U.S.C. 1400 et seq.).
4

•S 1578 RS

1 TITLE I—GENERAL PROVISIONS

2 SEC. 101. FINDINGS.

3 Section 601 (20 U.S.C. 1400) is amended to read as

4 follows:

5 ‘‘SEC. 601. SHORT TITLE; FINDINGS; POLICY; PURPOSES.

6 ‘‘(a) SHORT TITLE.—This title may be cited as the

7 ‘Individuals with Disabilities Education Act’.

8 ‘‘(b) FINDINGS.—With respect to the provisions of

9 this Act, Congress finds the following:

10 ‘‘(1)(A) That disability is a natural part of the

11 human experience and in no way diminishes the

12 right of individuals to fully participate in all aspects

13 of American society, including education.

14 ‘‘(B) That the right to equal educational oppor15 tunities for all children with disabilities is guaran16 teed by the equal protection clause of the 14th

17 amendment to the United States Constitution.

18 ‘‘(C) That improving educational results for

19 children with disabilities is an essential element in

20 ensuring equality of opportunity in all aspects of so21 ciety.

22 ‘‘(D) That it is in the national interest that stu23 dents with disabilities leave school with the skills

24 necessary to be included and integrated in the eco-
5

•S 1578 RS

1 nomic and social fabric of society and to live inde2 pendently.

3 ‘‘(2) That prior to the enactment of the Edu4 cation for All Handicapped Children Act of 1975

5 (Public Law 94–142), 1,000,000 children with dis6 abilities in the United States were excluded entirely

7 from the public school system, and more than one8 half of all children with disabilities in the United

9 States did not receive appropriate educational serv10 ices, either because their disabilities were unde11 tected, or because of the lack of adequate services

12 within the public school system.

13 ‘‘(3) That since the enactment of the Education

14 for All Handicapped Children Act of 1975 (Public

15 Law 19–142), significant progress has been made in

16 addressing problems that existed at the time the law

17 was enacted. Progress has been made in the follow18 ing manner:

19 ‘‘(A) Every State now ensures a free ap20 propriate public education to all children with

21 disabilities within the State between the ages of

22 3 and 18, and most States extend that provi23 sion through age 21.
6

•S 1578 RS

1 ‘‘(B) Over 5,000,000 children with disabil2 ities are receiving special education and related

3 services.

4 ‘‘(C) All States now provide early interven5 tion services to infants and toddlers with dis6 abilities from birth through age 2 and to fami7 lies of such infants and toddlers.

8 ‘‘(4) That based on 20 years of experience and

9 research in the education of children with disabil10 ities, there is a general recognition of the following:

11 ‘‘(A) The provision of quality education

12 and services to children with disabilities must

13 be based on an individualized assessment of

14 each child’s unique needs and abilities.

15 ‘‘(B) To the maximum extent appropriate,

16 children with disabilities must be educated with

17 children who are not disabled and children with

18 disabilities should be removed from the regular

19 educational environment only when the nature

20 and severity of the disability is such that edu21 cation in regular classes with the use of supple22 mentary aids and services cannot be achieved

23 satisfactorily.

24 ‘‘(C) Students with disabilities achieve at

25 significantly higher levels when schools have
7

•S 1578 RS

1 high expectations (and establish high goals) for

2 such students, ensure the access of such stu3 dents to the general curriculum (whenever ap4 propriate), and provide such students with the

5 necessary services and supports.

6 ‘‘(D) That including children with disabil7 ities in general State and districtwide assess8 ments is an effective accountability mechanism

9 and a critical strategy for improving edu10 cational results for such children.

11 ‘‘(E) The provisions of this Act should be

12 aligned with general educational reforms with

13 respect to the improvement of education for all

14 children, so that children with disabilities have

15 the opportunity to benefit from such reforms.

16 ‘‘(F) Parent participation is a crucial com17 ponent in the education of children with disabil18 ities, and parents should have meaningful op19 portunities, through appropriate training, dis20 semination of information and other supports,

21 to participate as partners with teachers and

22 other school staff in assisting their children to

23 achieve to high standards.

24 ‘‘(G) School administrators must have the

25 resources and skills needed to ensure that
8

•S 1578 RS

1 school environments are safe and conducive to

2 learning.

3 ‘‘(5)(A) State and local educational agencies

4 must be responsive to the increasing racial, ethnic,

5 and linguistic diversity that prevails in the Nation’s

6 public schools today.

7 ‘‘(B)(i) Greater efforts are needed to prevent

8 the intensification of problems connected with inap9 propriately identifying and mislabeling children from

10 minority backgrounds as children with disabilities.

11 ‘‘(ii) More minority children continue to be

12 served in special education than would be expected

13 from the percentage of such children in the general

14 school population.

15 ‘‘(iii) Poor African American students are 2.5

16 times more likely to be identified by their school as

17 mentally retarded than are their white counterparts,

18 and such students are also more likely to be edu19 cated in segregated settings.

20 ‘‘(iv) A disproportionate number of such stu21 dents drop out of school, fail to enroll in postsecond22 ary programs, and fail to participate in competitive

23 long-term employment.

24 ‘‘(v) Disproportionality in identification may be

25 explained in part by the relationship between poverty
9

•S 1578 RS

1 and disability, which is well documented. Poor pre2 natal care and nutrition are factors that contribute

3 to higher rates of disability within minority popu4 lations. However, disproportionality may be due to

5 misclassification of minority children as disabled and

6 inappropriate placement of minority children, par7 ticularly in separate settings, which raises civil

8 rights concerns.

9 ‘‘(C) Children with limited English proficiency

10 continue to be underidentified as needing special

11 education services than would be expected from the

12 percentage of such children in the general school

13 population.

14 ‘‘(D) Based on 20 years of experience in both

15 general and special education, there is general rec16 ognition today that the problems associated with en17 suring an appropriate education for children from

18 diverse backgrounds can be effectively addressed

19 when the following are done:

20 ‘‘(i) The procedures used for referring and

21 evaluating children with disabilities include ap22 propriate safeguards to prevent the over- or

23 underidentification of minority students requir24 ing special education.
10

•S 1578 RS

1 ‘‘(ii) Prereferral intervention strategies are

2 adopted, as appropriate, especially in elemen3 tary schools.

4 ‘‘(iii) Services, supports, and other assist5 ance are provided in a culturally competent

6 manner.

7 ‘‘(iv) Greater efforts are made to improve

8 post-school results among minority students

9 with disabilities.

10 ‘‘(6) That it is in the national interest that the

11 Federal Government has a role with respect to the

12 following:

13 ‘‘(A) Assisting State and local efforts to

14 educate children with disabilities in order to im15 prove educational and transitional results for

16 such children, and to ensure equal protection of

17 the law.

18 ‘‘(B) Assisting States in the provision of

19 early intervention services.

20 ‘‘(C) Promoting the improvement of edu21 cational and transitional services and results for

22 children with disabilities and early intervention

23 services for infants and toddlers with disabil24 ities by supporting systems change activities

25 carried out by the State educational agency, co-
11

•S 1578 RS

1 ordinated research and personnel preparation,

2 coordinated technical assistance, dissemination,

3 and support, and technology development and

4 media services.

5 ‘‘(c) PURPOSES.—The purposes of this Act are to—

6 ‘‘(1)(A) ensure that all children with disabilities

7 have available to them a free appropriate public edu8 cation that emphasizes special education and related

9 services designed to meet the unique needs of such

10 children and enable such children to lead productive,

11 independent adult lives;

12 ‘‘(B) ensure that the rights of children with dis13 abilities and their parents are protected; and

14 ‘‘(C) assist States and localities to provide for

15 the education of all children with disabilities;

16 ‘‘(2) assist States in the implementation of a

17 statewide, comprehensive, coordinated, multidisci18 plinary, interagency system of early intervention

19 services for infants and toddlers with disabilities and

20 their families;

21 ‘‘(3) promote the improvement of educational

22 and transitional services and results for children

23 with disabilities and early intervention services for

24 infants and toddlers with disabilities by support25 ing—
12

•S 1578 RS

1 ‘‘(A) systems change activities by State

2 educational agencies in partnership with other

3 interested parties;

4 ‘‘(B) coordinated research and personnel

5 preparation; and

6 ‘‘(C) coordinated technical assistance, dis7 semination, and support, and technology devel8 opment and media services; and

9 ‘‘(4) assess and ensure the effectiveness of ef10 forts to educate children with disabilities and to pro11 vide early intervention services for infants and tod12 dlers with disabilities.’’.

13 SEC. 102. DEFINITIONS.

14 (a) SECTION HEADING.—Section 602 (20 U.S.C.

15 1401) is amended—

16 (1) by striking the section heading and insert17 ing the following:

18 ‘‘SEC. 602. DEFINITIONS.’’;

19 and

20 (2) by striking ‘‘SEC. 602.’’.

21 (b) TERMS.—Section 602(a) (20 U.S.C. 1401(a)) is

22 amended—

23 (1) in paragraph (1)(A)—
13

•S 1578 RS

1 (A) by striking ‘‘(1)(A) The term’’ and all

2 that follows through ‘‘children—’’ and inserting

3 the following:

4 ‘‘(1) CHILD WITH A DISABILITY; CHILD WITH A

5 DISABILITY AGED 3 THROUGH 5; CHILDREN WITH

6 DISABILITIES.—

7 ‘‘(A) CHILD WITH A DISABILITY.—The

8 term ‘child with a disability’ means a child—’’;

9 (B) in clause (i)—

10 (i) by striking ‘‘hearing impairments’’

11 and inserting ‘‘a hearing impairment’’;

12 (ii) by striking ‘‘speech or language

13 impairments, visual impairments’’ and in14 serting ‘‘a speech or language impairment,

15 a visual impairment’’; and

16 (iii) by striking ‘‘other health impair17 ments, or specific learning disabilities’’ and

18 inserting ‘‘any other health impairment, or

19 a specific learning disability’’;

20 (C) in clause (ii), by striking ‘‘need’’ and

21 inserting ‘‘needs’’; and

22 (D) by realigning the margins of clauses

23 (i) and (ii) so as to align with clauses (i) and

24 (ii) of paragraph 21(A);

25 (2) in paragraph (1)(B)—
14

•S 1578 RS

1 (A) by striking ‘‘(B) The term’’ and all

2 that follows through ‘‘include children—’’ and

3 inserting the following:

4 ‘‘(B) CHILD WITH A DISABILITY AGED 3

5 THROUGH 5.—At the discretion of the State,

6 the term ‘child with a disability’ includes a child

7 aged 3 through 5—’’;

8 (B) in clause (i), by striking ‘‘(i) experienc9 ing developmental delays’’ and inserting ‘‘(i)

10 who is experiencing a developmental delay’’;

11 (C) in clause (ii), by striking ‘‘need’’ and

12 inserting ‘‘needs’’;

13 (D) by realigning the margins of subpara14 graph (B) so as to align with subparagraph (B)

15 of paragraph (11); and

16 (E) by realigning the margins of clauses

17 (i) and (ii) so as to align with clauses (i) and

18 (ii) of paragraph (21)(A);

19 (3) by inserting after paragraph (1)(B), the fol20 lowing new subparagraph:

21 ‘‘(C) CHILDREN WITH DISABILITIES.—The

22 term ‘children with disabilities’ means more than 1

23 child with a disability.’’;

24 (4) in paragraph (4), by striking ‘‘The term’’

25 and inserting ‘‘CONSTRUCTION.—The term’’;
15

•S 1578 RS

1 (5) in paragraph (5), by striking ‘‘The term’’

2 and inserting EQUIPMENT.—The term’’;

3 (6) in paragraph (6), to read as follows:

4 ‘‘(6) STATE.—The term ‘State’ means each of

5 the 50 States, the District of Columbia, the Com6 monwealth of Puerto Rico, and each of the outlying

7 areas.’’;

8 (7) in paragraph (7), by striking ‘‘The term’’

9 and inserting ‘‘STATE EDUCATIONAL AGENCY.—The

10 term’’;

11 (8) in paragraph (8), to read as follows:

12 ‘‘(8) LOCAL EDUCATIONAL AGENCY.—The term

13 ‘local educational agency’ means—

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

15 public authority legally constituted within a

16 State—

17 ‘‘(i) for either administrative control

18 or direction of, or to perform a service

19 function for, public elementary or second20 ary schools in a city, county, township,

21 school district, or other political subdivi22 sion of a State; or

23 ‘‘(ii) for a combination of school dis24 tricts or counties as are recognized in a

25 State as an administrative agency for the
16

•S 1578 RS

1 public elementary or secondary schools of

2 the State;

3 ‘‘(B) any other public institution or agency

4 having administrative control and direction of a

5 public elementary or secondary school; or

6 ‘‘(C) an educational service agency, as de7 fined in paragraph (7).’’;

8 (9) in paragraph (9), by striking ‘‘The term’’

9 and inserting ‘‘ELEMENTARY SCHOOL.—The term’’;

10 (10) in paragraph (10), by striking ‘‘The term’’

11 and inserting ‘‘SECONDARY SCHOOL.—The term’’;

12 (11) in paragraph (11), to read as follows:

13 ‘‘(11) INSTITUTION OF HIGHER EDUCATION.—

14 The term ‘institution of higher education’—

15 ‘‘(A) has the meaning given to such term

16 by section 1201(a) of the Higher Education Act

17 of 1965 (20 U.S.C. 1141(a)); and

18 ‘‘(B) includes any community college re19 ceiving funding from the Secretary of the Inte20 rior under the Tribally Controlled Community

21 College Assistance Act of 1978 (25 U.S.C.

22 1801 et seq.).’’;

23 (12) in paragraph (12), by striking ‘‘The term’’

24 and inserting ‘‘NONPROFIT.—The term’’;

25 (13) by striking paragraph (13);
17

•S 1578 RS

1 (14) in paragraph (14), by striking ‘‘The term’’

2 and inserting ‘‘SECRETARY.—The term’’;

3 (15) in paragraph (15), to read as follows:

4 ‘‘(15) SPECIFIC LEARNING DISABILITY.—The

5 term ‘specific learning disability’—

6 ‘‘(A) means a disorder—

7 ‘‘(i) in one or more of the basic psy8 chological processes involved in under9 standing or in using language, spoken or

10 written; and

11 ‘‘(ii) that may manifest itself in im12 perfect ability to listen, think, speak, read,

13 write, spell, or do mathematical calcula14 tions;

15 ‘‘(B) includes such conditions as percep16 tual disabilities, brain injury, minimal brain

17 dysfunction, dyslexia, and developmental apha18 sia; and

19 ‘‘(C) does not include a learning problem

20 that is primarily the result of visual, hearing, or

21 motor disabilities, of mental retardation, of

22 emotional disturbance, or of environmental, cul23 tural, or economic disadvantage.’’;

24 (16) in paragraph (16)—
18

•S 1578 RS

1 (A) by striking ‘‘The term’’ and inserting

2 ‘‘SPECIAL EDUCATION.—The term’’; and

3 (B) by striking ‘‘or guardians’’;

4 (17) in paragraph (17)—

5 (A) by striking ‘‘The term’’ and inserting

6 ‘‘RELATED SERVICES.—The term’’;

7 (B) by striking ‘‘speech pathology and

8 audiology’’ and inserting ‘‘speech-language pa9 thology services and audiology services’’; and

10 (C) by striking ‘‘rehabilitation counseling,’’

11 and inserting ‘‘rehabilitation counseling, ori12 entation and mobility services,’’;

13 (18) in paragraph (18)—

14 (A) by striking ‘‘The term’’ and inserting

15 ‘‘FREE APPROPRIATE PUBLIC EDUCATION.—

16 The term’’; and

17 (B) in subparagraph (D), by striking ‘‘re18 quired under section 614(a)(5)’’ and inserting

19 ‘‘requirements under subsections (d) through (j)

20 of section 614’’;

21 (19) by striking paragraph (19);

22 (20) in paragraph (20), to read as follows:

23 ‘‘(20) INDIVIDUALIZED EDUCATION PROGRAM;

24 IEP.—The term ‘individualized education program’

25 and the term ‘IEP’ mean a written statement for
19

•S 1578 RS

1 each child with a disability that is developed, re2 viewed, and revised in accordance with subsections

3 (d) through (j) of section 614.’’;

4 (21) in paragraph (21)—

5 (A) by striking ‘‘The term’’ and inserting

6 ‘‘EXCESS COSTS.—The term’’;

7 (B) in subparagraph (A)—

8 (i) in clause (i), by striking ‘‘this

9 part’’ and inserting ‘‘part B’’;

10 (ii) in clause (ii), by striking ‘‘under

11 title I’’ and inserting ‘‘under part A of title

12 I’’; and

13 (iii) in clause (iii), by striking ‘‘title

14 VII of the Elementary and Secondary Edu15 cation Act of 1965’’ and inserting ‘‘part A

16 of the Bilingual Education Act’’; and

17 (C) in subparagraph (B), by striking ‘‘such

18 part, chapter, or title’’ and inserting ‘‘a part re19 ferred to in subparagraph (A)’’;

20 (22) in paragraph (22)—

21 (A) by striking ‘‘The term’’ and inserting

22 ‘‘NATIVE LANGUAGE.—The term’’; and

23 (B) by striking ‘‘section 7003(a)(2)’’ and

24 inserting ‘‘section 7501(11)’’;

25 (23) in paragraph (23)—
20

•S 1578 RS

1 (A) by striking ‘‘The term ‘intermediate

2 educational unit’ means’’ and inserting ‘‘EDU3 CATIONAL SERVICE AGENCY.—The term ‘edu4 cational service agency’ means’’; and

5 (B) by striking ‘‘local educational agency,’’

6 and inserting ‘‘local educational agency de7 scribed in subparagraphs (A) and (B) of para8 graph (19),’’;

9 (24) in paragraph (24), to read as follows:

10 ‘‘(24) INDIAN; INDIAN TRIBE.—

11 ‘‘(A) INDIAN.—The term ‘Indian’ means

12 an individual who is a member of an Indian

13 tribe.

14 ‘‘(B) INDIAN TRIBE.—The term ‘Indian

15 tribe’ means any Federal or State Indian tribe,

16 band, rancheria, pueblo, colony, or community,

17 including any Alaska Native village or regional

18 village corporation (as defined in or established

19 under the Alaska Native Claims Settlement

20 Act).’’;

21 (25) in paragraph (25), by striking ‘‘The term’’

22 and inserting ‘‘ASSISTIVE TECHNOLOGY DEVICE.—

23 The term’’;
21

•S 1578 RS

1 (26) in paragraph (26), by striking ‘‘The term’’

2 and inserting ‘‘ASSISTIVE TECHNOLOGY SERVICE.—

3 The term’’;

4 (27) in paragraph (27), to read as follows:

5 ‘‘(27) UNSERVED AND UNDERSERVED.—The

6 terms ‘unserved’ and ‘underserved’, with respect to

7 populations include populations such as individuals

8 with disabilities who are from racial and ethnic mi9 nority backgrounds, who are disadvantaged individ10 uals, who are individuals with limited English pro11 ficiency, and who are individuals from underserved

12 geographic areas, both urban and rural.’’;

13 (28) by redesignating paragraphs (1), (5), (6),

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

15 (18), (20), (21), (22), (23), (24), (25), (26), and

16 (27) as paragraphs (4), (9), (30), (31), (19), (8),

17 (26), (18), (21), (27), (29), (28), (25), (11), (15),

18 (10), (20), (7), (14), (1), (2), and (34), respectively;

19 (29) by inserting after paragraph (2) (as so re20 designated by paragraph (28)) the following new

21 paragraph:

22 ‘‘(3) BEHAVIOR MANAGEMENT PLAN.—The

23 term ‘behavior management plan’ means a plan con24 sisting of strategies and services to address the be25 havior of a child with a disability and to help the
22

•S 1578 RS

1 child learn socially appropriate and responsible be2 havior in the school and other community-based edu3 cational settings.’’;

4 (30) by inserting after paragraph (5) (as so re5 designated by paragraph (28)) the following new

6 paragraph:

7 ‘‘(6) DISABILITY.—The term ‘disability’, except

8 with respect to an infant or toddler with a disability,

9 means an impairment or other condition described in

10 paragraph (4) (relating to the definition of a child

11 with a disability).’’;

12 (31) by inserting after paragraph (11) (as so

13 redesignated by paragraph (28)) the following new

14 paragraphs:

15 ‘‘(12) GENERAL EDUCATION CURRICULUM.—

16 The term ‘general education curriculum’ means the

17 curriculum adopted by the local educational agency

18 for all children from preschool through secondary

19 school.’’;

20 ‘‘(13) INAPPROPRIATELY IDENTIFIED.—The

21 term ‘inappropriately identified’ with respect to pop22 ulation means a population of students from rural

23 and ethnic minority backgrounds in which students

24 are over- or under-identified as having disabilities.’’;
23

•S 1578 RS

1 (32) by inserting after paragraph (15) (as so

2 redesignated by paragraph (28)) the following new

3 paragraphs:

4 ‘‘(16) INDIVIDUALIZED FAMILY SERVICE PLAN;

5 IFSP.—The term ‘individualized family service plan’

6 and the term ‘IFSP’ mean a written plan for provid7 ing early intervention services to each infant and

8 toddler with a disability that meets the requirements

9 of section 677(d).

10 ‘‘(17) INFANT OR TODDLER WITH A DISABIL11 ITY; INFANTS AND TODDLERS WITH DISABILITIES.—

12 The terms ‘infant or toddler with a disability’ and

13 ‘infants and toddlers with disabilities’ have the

14 meanings given the terms in section 672.’’;

15 (33) by inserting after paragraph (21) (as so

16 redesignated by paragraph (28)), the following new

17 paragraphs:

18 ‘‘(22) OUTLYING AREAS.—The term ‘outlying

19 areas’ means the Virgin Islands, Guam, American

20 Samoa, Commonwealth of the Northern Mariana Is21 lands, Republic of the Marshall Islands, Federated

22 States of Micronesia, and the Republic of Palau.

23 ‘‘(23) PARENT.—The term ‘parent’ includes a

24 legal guardian.
24

•S 1578 RS

1 ‘‘(24) PUBLIC OR PRIVATE NONPROFIT AGENCY

2 OR ORGANIZATION.—The term ‘public or private

3 nonprofit agency or organization’ includes an Indian

4 tribe and tribally controlled schools funded by the

5 Department of the Interior.’’;

6 (34) by inserting after paragraph (31) (as so

7 redesignated by paragraph (28)) the following new

8 paragraph:

9 ‘‘(32) SUPPLEMENTARY AIDS AND SERVICES.—

10 The term ‘supplementary aids and services’ means

11 aids, services, and other supports that are provided

12 in regular education classes to enable children with

13 disabilities to be educated with nondisabled children

14 to the maximum extent appropriate, in accordance

15 with section 612(a)(5).’’;

16 (35) by inserting after paragraph (32) (as so

17 redesignated by paragraph (28)) the following new

18 paragraph:

19 ‘‘(33) SYSTEMS CHANGE ACTIVITIES; SYSTEMS

20 CHANGE OUTCOMES.—

21 ‘‘(A) SYSTEMS CHANGE ACTIVITIES.—The

22 term ‘systems change activities’ means efforts

23 to design, implement, and evaluate strategies

24 and activities leading to systems change out25 comes.
25

•S 1578 RS

1 ‘‘(B) SYSTEMS CHANGE OUTCOMES.—The

2 term ‘systems change outcomes’ means

3 systemswide changes in policies, procedures,

4 practices, training, or use of personnel, parents,

5 and school-age peers of children with disabilities

6 that benefit and improve the early intervention,

7 educational, and transitional services and re8 sults of children with disabilities.’’; and

9 (36) by striking ‘‘(a) As used in this title—’’

10 and inserting the following:

11 ‘‘(a) TERMS.—Except as otherwise provided, the fol12 lowing terms have the following meanings as used in this

13 Act:’’.

14 (c) YOUTH WITH A DISABILITY.—Section 602(b) (20

15 U.S.C. 1401(b)) is amended to read as follows:

16 ‘‘(b) REFERENCES TO ACT OR TITLE.—If a provision

17 of this title refers to the term ‘this title’ or ‘this Act’, the

18 provision shall be deemed to refer to the Individuals with

19 Disabilities Education Act.’’

20 SEC. 103. OFFICE OF SPECIAL EDUCATION PROGRAMS.

21 Section 603 (20 U.S.C. 1402) is amended by adding

22 at the end thereof the following new subsection:

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

24 States Code, the Secretary is authorized to accept vol-
26

•S 1578 RS

1 untary and uncompensated services in furtherance of the

2 purposes of this Act.’’.

3 SEC. 104. REQUIREMENTS FOR PRESCRIBING REGULA4 TIONS.

5 Section 608(a) (20 U.S.C. 1407(a)) is amended by

6 striking ‘‘(a) For purposes’’ and all that follows through

7 ‘‘days.’’ and inserting the following: ‘‘(a) The Secretary

8 shall provide a public comment period of at least 90 days

9 on any regulation proposed under part B for which a time

10 period for an opportunity for public comment is otherwise

11 required.’’.

12 SEC. 105. ELIGIBILITY FOR FINANCIAL ASSISTANCE.

13 Section 609 (20 U.S.C. 1408) is amended to read as

14 follows:

15 ‘‘SEC. 609. ELIGIBILITY FOR FINANCIAL ASSISTANCE.

16 ‘‘The Secretary may not make a grant under parts

17 C through E to a State, or to any local educational agency

18 or other public institution or agency in the State, that re19 lates exclusively to programs, projects, and activities per20 taining to children aged 3 through 5, unless the State is

21 eligible to receive a grant under section 619.’’.

22 SEC. 106. ADMINISTRATIVE PROVISIONS APPLICABLE TO

23 DISCRETIONARY GRANT PROGRAMS.

24 (a) IN GENERAL.—Section 610 (20 U.S.C. 1409) is

25 amended to read as follows:
27

•S 1578 RS

1 ‘‘SEC. 610. ADMINISTRATIVE PROVISIONS FOR DISCRE2 TIONARY GRANT PROGRAMS.

3 ‘‘(a) FINDINGS WITH RESPECT TO ADDRESSING DI4 VERSITY UNDER PARTS D AND E.—With respect to this

5 section and parts D and E, Congress finds the following:

6 ‘‘(1)(A) The Federal Government must be re7 sponsive to the growing needs of an increasingly

8 more diverse society. A more equitable allocation of

9 resources is essential for the Federal Government to

10 meet its responsibility to provide an equal edu11 cational opportunity for all individuals.

12 ‘‘(B) Recent data indicate that the number of

13 African American and Hispanic children in schools,

14 and in special education, continues to rise, and the

15 number of minority teachers and related services

16 personnel produced in the colleges and universities

17 of the United States continues to decrease.

18 ‘‘(2) There is a compelling national interest in

19 aiding institutions of higher education that have his20 torically served students who have been denied ac21 cess to postsecondary education because of race or

22 national origin and whose participation in the Amer23 ican system of higher education is in the interest of

24 the United States so that the access to, and the

25 quality of, postsecondary education are enhanced for

26 all students.
28

•S 1578 RS

1 ‘‘(3)(A) Historically Black Colleges and Univer2 sities and other institutions of higher education with

3 substantial minority enrollments have an important

4 role in the development of a professional workforce

5 in special education and related services that reflects

6 the full participation of all members of society by

7 providing access and high-quality education to low8 income and minority students who will enter the

9 field of special education and other related fields.

10 Upon completing their education at such colleges

11 and universities and institutions, many low-income

12 and minority students become teachers or profes13 sionals in related fields and provide services to chil14 dren with disabilities in inner-city urban and rural

15 areas that have experienced significant shortages in

16 qualified personnel.

17 ‘‘(B) Recent data indicate that the Historically

18 Black Colleges and Universities enroll nearly 50 per19 cent of the African American teacher trainees in the

20 United States. However, during the time period cov21 ered by the data, such colleges and universities re22 ceived only 4 percent of the discretionary funds for

23 special education and related services personnel

24 training under this Act.

25 ‘‘(b) COMPREHENSIVE PLAN.—
29

•S 1578 RS

1 ‘‘(1) IN GENERAL.—The Secretary shall develop

2 and implement a comprehensive plan for activities

3 under parts D and E in order to enhance the provi4 sion of educational, related, and early intervention

5 services to children with disabilities under parts B

6 and H. Such plan shall include mechanisms to ad7 dress early intervention, educational, and transi8 tional needs identified by States in applications sub9 mitted for systems change grants funded under

10 part C.

11 ‘‘(2) PARTICIPANTS IN PLAN DEVELOPMENT.—

12 In developing the plan described in paragraph (1),

13 the Secretary shall involve—

14 ‘‘(A) individuals with disabilities;

15 ‘‘(B) parents of children with disabilities;

16 ‘‘(C) appropriate professionals; and

17 ‘‘(D) representatives of State and local

18 educational agencies, private schools, institu19 tions of higher education, other Federal agen20 cies, the National Council on Disabilities, and

21 national organizations with an interest in, and

22 expertise in, providing services to children with

23 disabilities and their families.

24 The Secretary shall publish the plan in the Federal

25 Register for public comment.
30

•S 1578 RS

1 ‘‘(3) DISTRIBUTION OF FUNDS.—In implement2 ing the plan described in paragraph (1), the Sec3 retary shall, to the extent appropriate, ensure that

4 funds are awarded to recipients under parts D and

5 E to carry out activities that benefit, directly or in6 directly, children with disabilities of all ages.

7 ‘‘(c) ELIGIBLE APPLICANTS.—

8 ‘‘(1) IN GENERAL.—Except as otherwise pro9 vided in this subsection, the following entities are el10 igible to apply for a grant, contract, or cooperative

11 agreement under parts D and E:

12 ‘‘(A) A State educational agency.

13 ‘‘(B) A local educational agency.

14 ‘‘(C) An institution of higher education.

15 ‘‘(D) Any other public agency.

16 ‘‘(E) A private nonprofit organization.

17 ‘‘(F) An outlying area.

18 ‘‘(G) An Indian tribe.

19 ‘‘(H) A for-profit organization, if the Sec20 retary determines that such organization is an

21 appropriate entity to be eligible to apply for a

22 grant, contract, or cooperative agreement under

23 parts D and E.

24 ‘‘(2) SPECIAL RULE.—The Secretary may limit

25 the award of a grant, contract, or cooperative agree-
31

•S 1578 RS

1 ment to one or more categories of eligible entities

2 described in paragraph (1).

3 ‘‘(3) LIMITATION ON THE USE OF FUNDS BY

4 THE SECRETARY.—

5 ‘‘(A) IN GENERAL.—Notwithstanding any

6 other provision of law and subject to subpara7 graph (B), the Secretary may use not more

8 than 20 percent of the total funds available

9 under parts D and E to carry out an activity

10 or combination of activities, if—

11 ‘‘(i) the activity or combination of ac12 tivities is consistent with the purposes of

13 parts D and E (subject to such conditions

14 as the Secretary determines are appro15 priate to effectively carry out the purposes

16 of such parts); and

17 ‘‘(ii) the activity or combination of ac18 tivities involves coordinated research, per19 sonnel preparation, parent training and in20 formation, coordinated technical assistance

21 and dissemination, technology develop22 ment, demonstration and utilization, or

23 media services.

24 ‘‘(B) SPECIAL RULES.—
32

•S 1578 RS

1 ‘‘(i) SINGLE ACTIVITY.—In carrying

2 out an activity described in subparagraph

3 (A), the Secretary shall use only the por4 tion of funds made available for an activity

5 under parts D and E (whichever is applica6 ble) that relates to the activity described in

7 subparagraph (A).

8 ‘‘(ii) COMBINATION OF ACTIVITIES.—

9 In carrying out a combination of activities

10 described in subparagraph (A), the Sec11 retary shall use only the portion of funds

12 made available for activities under parts D

13 and E (whichever is applicable) that relate

14 to the combination of activities described

15 in subparagraph (A).

16 ‘‘(d) SPECIAL POPULATIONS.—

17 ‘‘(1) APPLICATION REQUIREMENT.—In making

18 awards of a grant, contract, or cooperative agree19 ment under parts D and E, the Secretary shall, as

20 appropriate, require an applicant to demonstrate

21 how the applicant will address the needs of children

22 with disabilities from unserved, underserved, and in23 appropriately identified populations.
33

•S 1578 RS

1 ‘‘(2) OUTREACH AND TECHNICAL ASSIST2 ANCE.—Notwithstanding any other provision of this

3 Act, the Secretary—

4 ‘‘(A) shall ensure that at least 1 percent of

5 the total amount of funds appropriated for

6 parts D and E is used—

7 ‘‘(i) for outreach and technical assist8 ance to Historically Black Colleges and

9 Universities, and to institutions of higher

10 education with minority enrollments of at

11 least 25 percent, to promote the participa12 tion of such colleges, universities, and in13 stitutions in activities under such parts;

14 and

15 ‘‘(ii) to enable the Historically Black

16 Colleges and Universities and the institu17 tions described in clause (i) to assist other

18 colleges, universities, and institutions in

19 improving educational and transitional re20 sults for children with disabilities; and

21 ‘‘(B) may reserve funds appropriated

22 under parts D and E to meet the requirement

23 of subparagraph (A).

24 ‘‘(e) PRIORITIES.—
34

•S 1578 RS

1 ‘‘(1) IN GENERAL.—The Secretary shall ensure

2 that a grant, contract, or cooperative agreement

3 under parts D and E is awarded only for activities

4 that are designed to benefit children with disabilities

5 and their families, and the personnel employed to

6 work with such children and their families.

7 ‘‘(2) ELIGIBLE ACTIVITIES.—Subject to para8 graph (1), the Secretary in making an award of a

9 grant, contract, or cooperative agreement under

10 parts D and E may, without rulemaking under sec11 tion 553 of title 5, United States Code, limit the

12 grant, contract, or cooperative agreement to, or oth13 erwise give priority to, eligible entities that carry out

14 the following activities:

15 ‘‘(A) IN GENERAL.—Activities relating to

16 personnel preparation, training, research, dis17 semination of information, technical assistance,

18 technology development and educational media

19 services that address one or more of the

20 following:

21 ‘‘(i) The age ranges of children with

22 disabilities.

23 ‘‘(ii) The types of disabilities of chil24 dren.
35

•S 1578 RS

1 ‘‘(iii) The school grades of children

2 with disabilities.

3 ‘‘(iv) The types of educational place4 ments or early intervention environments

5 of children with disabilities.

6 ‘‘(v) The types of services provided to

7 children with disabilities.

8 ‘‘(vi) Content areas such as reading.

9 ‘‘(vii) Effective strategies for helping

10 children with disabilities learn socially ap11 propriate and responsible behavior in the

12 school and other community based edu13 cational settings.

14 ‘‘(B) ACTIVITIES RELATED TO GENDER15 BASED NEEDS.—Activities relating to personnel

16 preparation, training, research, dissemination of

17 information, technical assistance, technology de18 velopment and educational media services that

19 address the needs of children with disabilities

20 who are of a particular gender.

21 ‘‘(C) ACTIVITIES RELATED TO SEVERITY

22 OF DISABILITY.—Activities relating to personnel

23 preparation, training, research, dissemination of

24 information, technical assistance, technology de25 velopment and educational media services that
36

•S 1578 RS

1 address the needs of children based on the se2 verity of the disability of the children.

3 ‘‘(D) OTHER RELATED ACTIVITIES.—Ac4 tivities relating to personnel preparation, train5 ing, research, dissemination of information,

6 technical assistance, technology development

7 and educational media services that address the

8 needs of the following individuals and areas:

9 ‘‘(i) Low-achieving students.

10 ‘‘(ii) Underserved populations.

11 ‘‘(iii) Children from low-income fami12 lies.

13 ‘‘(iv) Children with limited English

14 proficiency.

15 ‘‘(v) Unserved and underserved areas.

16 ‘‘(vi) Children whose behavior inter17 feres with their learning and socialization.

18 ‘‘(vii) Inappropriatedly identified pop19 ulations.

20 ‘‘(E) NATIONAL ACTIVITIES.—Activities re21 lating to personnel preparation, training, re22 search, dissemination of information, technical

23 assistance, technology development and edu24 cational media services that are carried in par-
37

•S 1578 RS

1 ticular areas of the country, to ensure broad ge2 ographic coverage.

3 ‘‘(F) AUTHORIZED ACTIVITIES.—Any ac4 tivity that is expressly authorized in the appli5 cable part.

6 ‘‘(f) APPLICANT AND RECIPIENT RESPONSIBIL7 ITIES.—

8 ‘‘(1) DEVELOPMENT AND ASSESSMENT OF

9 PROJECTS.—The Secretary shall require that an ap10 plicant for, and a recipient of, a grant, contract, or

11 cooperative agreement under parts D and E—

12 ‘‘(A) involve individuals with disabilities or

13 parents of individuals with disabilities in plan14 ning, implementing, and evaluating projects;

15 and

16 ‘‘(B) where appropriate, determine whether

17 the project of the applicant and recipient has

18 any potential for replication and adoption by

19 other entities.

20 ‘‘(2) ADDITIONAL RESPONSIBILITIES.—The

21 Secretary may require a recipient of a grant, con22 tract, or cooperative agreement under parts D and

23 E to—

24 ‘‘(A) share in the cost of the project of the

25 recipient;
38

•S 1578 RS

1 ‘‘(B) prepare the research and evaluation

2 findings and products in formats that are use3 ful for specific audiences, including parents, ad4 ministrators, teachers, early intervention per5 sonnel, related services personnel, and individ6 uals with disabilities;

7 ‘‘(C) disseminate such findings and prod8 ucts; and

9 ‘‘(D) collaborate with other recipients in

10 carrying out the activities described in subpara11 graphs (B) and (C).

12 ‘‘(g) APPLICATION MANAGEMENT.—

13 ‘‘(1) STANDING PANELS.—

14 ‘‘(A) IN GENERAL.—The Secretary shall

15 establish and use standing panels of experts

16 who are competent, by virtue of their training,

17 expertise, or experience, to evaluate applications

18 under parts D and E that request more than

19 $75,000 a year in assistance.

20 ‘‘(B) FEDERAL EMPLOYMENT LIMITA21 TION.—A majority of each panel described in

22 subparagraph (A) shall be individuals who are

23 not employees of the Federal Government.

24 ‘‘(2) SELECTION AND PARTICIPATION OF PANEL

25 MEMBERS.—
39

•S 1578 RS

1 ‘‘(A) IN GENERAL.—The Secretary shall

2 establish criteria to use in the selection of panel

3 members. Such criteria shall ensure that the

4 membership of standing panels includes—

5 ‘‘(i) individuals with knowledge and

6 expertise on the issues addressed by the

7 activities authorized by parts D and E;

8 and

9 ‘‘(ii) to the extent practicable, parents

10 of children with disabilities, individuals

11 with disabilities, and persons from diverse

12 racial, ethnic, and cultural backgrounds.

13 ‘‘(B) MEMBERSHIP.—Standing panel

14 membership shall include, at a minimum, indi15 viduals who—

16 ‘‘(i) are representatives of institutions

17 of higher education that plan, develop, and

18 carry out programs of personnel prepara19 tion;

20 ‘‘(ii) design and carry out programs of

21 research targeted to the improvement of

22 special education programs and services;

23 ‘‘(iii) have recognized experience and

24 knowledge necessary to integrate and apply

25 research findings to improve educational
40

•S 1578 RS

1 and transitional results for children with

2 disabilities;

3 ‘‘(iv) administer programs at the

4 State or local level in which children with

5 disabilities participate;

6 ‘‘(v) prepare parents of children with

7 disabilities to participate in making deci8 sions about the education of their children;

9 ‘‘(vi) establish policies that affect the

10 delivery of services to children with disabil11 ities;

12 ‘‘(vii) are parents of children with dis13 abilities who are benefiting or have bene14 fited from coordinated research, personnel

15 preparation, and technical assistance; and

16 ‘‘(viii) are individuals with disabilities.

17 ‘‘(C) TRAINING.—The Secretary shall pro18 vide training to the individuals who are selected

19 as members of the standing panels under this

20 paragraph.

21 ‘‘(D) TERM.—Membership on any standing

22 panel shall be for a period of not more than 3

23 consecutive years.
41

•S 1578 RS

1 ‘‘(3) SECRETARY’S DISCRETION OVER LIMITED

2 USE OF DISCRETIONARY FUNDS FOR ADMINISTRA3 TIVE PURPOSES.—

4 ‘‘(A) EXPENSES AND FEES OF NON-FED5 ERAL PANEL MEMBERS.—The Secretary may

6 use funds available under parts D and E to pay

7 the expenses and fees of non-Federal panel

8 members.

9 ‘‘(B) ADMINISTRATIVE SUPPORT.—The

10 Secretary may not use more than 1 percent of

11 the funds available under parts D and E to pay

12 non-Federal entities for administrative support

13 related to application management.

14 ‘‘(C) MONITORING.—The Secretary may

15 use funds available under parts D and E to pay

16 the expenses of Federal employees to conduct

17 onsite monitoring of projects receiving

18 $500,000 or more, for any fiscal year.

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

20 use funds appropriated to carry out parts D and E to

21 evaluate activities carried out under such parts.

22 ‘‘(i) RULES OF CONSTRUCTION.—

23 ‘‘(1) REFERENCES TO EARLY INTERVENTION

24 SERVICES.—
42

•S 1578 RS

1 ‘‘(A) CHILD WITH A DISABILITY.—If a

2 provision of part C, D, or E refers to services

3 for a child with a disability (or a family mem4 ber of the child), and the services include early

5 intervention services, the provision shall be

6 deemed to refer to—

7 ‘‘(i) early intervention services for an

8 infant or toddler with a disability (or a

9 family member of the infant or toddler, as

10 appropriate); and

11 ‘‘(ii) the other services referred to in

12 the provision for a child with a disability

13 (or a family member of the child, as appro14 priate).

15 ‘‘(B) PERSON WITH A RELATIONSHIP TO A

16 CHILD WITH A DISABILITY.—If a provision of

17 part C, D, or E refers to a benefit (such as

18 training or research) for a person (such as a

19 parent or education professional) with a rela20 tionship to a child with a disability (or a family

21 member of the child), and the benefit is pro22 vided with respect to services that include early

23 intervention services, the provision shall be

24 deemed to refer to—
43

•S 1578 RS

1 ‘‘(i) the benefit, provided with respect

2 to early intervention services, for a person

3 with a relationship to an infant or toddler

4 with a disability (or a family member of

5 the infant or toddler, as appropriate); and

6 ‘‘(ii) the benefit, provided with respect

7 to the other services referred to in the pro8 vision, for a person with a relationship to

9 a child with a disability (or a family mem10 ber of the child, as appropriate).

11 ‘‘(2) REFERENCES TO EARLY INTERVENTION

12 RESULTS.—

13 ‘‘(A) CHILD WITH A DISABILITY.—If a

14 provision of part C, D, or E refers to results for

15 a child with a disability, and the results include

16 early intervention results, the provision shall be

17 deemed to refer to—

18 ‘‘(i) early intervention results for an

19 infant or toddler with a disability; and

20 ‘‘(ii) the other results referred to in

21 the provision for a child with a disability.

22 ‘‘(B) PERSON WITH A RELATIONSHIP TO A

23 CHILD WITH A DISABILITY.—If a provision of

24 part C, D, or E refers to a benefit (such as

25 training or research) for a person described in
44

•S 1578 RS

1 paragraph (1)(B)(ii) that is provided to achieve

2 results for a child with a disability, and the re3 sults include early intervention results, the pro4 vision shall be deemed to refer to—

5 ‘‘(i) the benefit, provided to achieve

6 early intervention results, for a person with

7 a relationship to an infant or toddler with

8 a disability; and

9 ‘‘(ii) the benefit, provided to achieve

10 other results referred to in the provision,

11 for a person with a relationship to a child

12 with a disability.’’.

13 SEC. 107. REPEALS.

14 (a) PROVISIONS.—Section 605 (20 U.S.C. 1404) and

15 section 607 (20 U.S.C. 1406) are repealed.

16 (b) EFFECTIVE DATE.—The amendment made by

17 subsection (a) shall take effect on the date of enactment

18 of this Act.

19 SEC. 108. TRANSITION RULE.

20 (a) RULE.—The Secretary of Education shall use

21 funds appropriated under the Individuals with Disabilities

22 Education Act (20 U.S.C. 1400 et seq.) for fiscal year

23 1997 to carry out such administrative activities as may

24 be necessary (including activities described in section 610

25 of such Act (as amended in section 106), evaluation of
45

•S 1578 RS

1 applications for financial assistance for fiscal year 1997

2 under subsection (d)(2) of such section 610 and parts C,

3 D, and E of such Act (as amended in titles III, IV, and

4 V), selection of recipients of such assistance, and promul5 gation of regulations), to ensure the efficient implementa6 tion by October 1, 1997, of—

7 (1) such parts C, D, and E; and

8 (2) the provisions of part A of such Act that re9 late to activities carried out under such part C, D,

10 or E, with respect to such activities, and subsection

11 (d)(2) of such section 610.

12 (b) CONSTRUCTION.—Nothing in this section or the

13 amendments made by section 106 shall be construed to

14 grant the Secretary the authority to provide assistance to

15 any person, prior to October 1, 1997, to carry out any

16 activity under section 610(d)(2) of the Individuals with

17 Disabilities Education Act (as amended in section 106)

18 or part C, D, or E (as amended in titles III, IV and V)

19 of such Act.

20 (c) FISCAL YEARS 1996 AND 1997.—Section 610 of

21 the Individuals with Disabilities Education Act (as in ef22 fect on the day before the date of enactment of this Act)

23 shall apply with respect to administrative activities related

24 to the provision of financial assistance for fiscal years
46

•S 1578 RS

1 1996 and 1997 under parts C through G of such Act (as

2 in effect on such date).

3 (d) EFFECTIVE.—This section shall take effect on the

4 date of enactment of this Act.

5 SEC. 109. EFFECTIVE DATE.

6 Except as provided in section 107, the amendments

7 made by this title shall take effect on October 1, 1997.

8 TITLE II—ASSISTANCE FOR EDU9 CATION OF ALL CHILDREN

10 WITH DISABILITIES

11 SEC. 201. ENTITLEMENTS AND ALLOCATIONS.

12 (a) WITHIN STATE DISTRIBUTIONS.—Section 611

13 (20 U.S.C. 1411) is amended—

14 (1) in the matter immediately following sub15 section (b)(3)(B), by striking ‘‘(c)’’ and all that fol16 lows through ‘‘(1) Of the funds’’ and inserting the

17 following:

18 ‘‘(c)(1) Of the funds’’;

19 (2) in the matter immediately following sub20 section (c)(1) (as amended by paragraph (1)), by

21 striking ‘‘(2)’’ and all that follows through ‘‘(A)

22 From the funds’’ and inserting the following:

23 ‘‘(2)(A) From the funds’’; and

24 (3) in subsection (c) (as amended by paragraph

25 (1))—
47

•S 1578 RS

1 (A) in paragraph (1)—

2 (i) by realigning the margins of sub3 paragraphs (A) and (B) so as to align with

4 subclause (i) of paragraph (4)(A); and

5 (ii) in subparagraph (B)—

6 (I) by striking ‘‘paragraph (4)’’

7 and inserting ‘‘subsection (d)(3)’’;

8 (II) by striking ‘‘and intermedi9 ate educational units’’; and

10 (III) by striking ‘‘, for use in ac11 cordance with priorities established

12 under section 612(3)’’;

13 (B) in paragraph (2)(A) (as so redesig14 nated by paragraph (2))—

15 (i) by realigning the margins of

16 clauses (i) and (ii) so as to align with sub17 clause (i) of paragraph (4)(A);

18 (ii) by realigning the margins of sub19 clauses (I) and (II) so as to align with sub20 clause (I) of subsection (d)(2)(A)(i);

21 (iii) in clause (i), by striking ‘‘admin22 istrative costs related to carrying out sec23 tions 612 and 613; and’’ and inserting

24 ‘‘the purpose of administering this part;’’;

25 (iv) in clause (ii)—
48

•S 1578 RS

1 (I) in subclause (I), by striking

2 ‘‘in accordance with priorities estab3 lished under section 612(3); and’’ and

4 inserting a semicolon;

5 (II) in subclause (II), by striking

6 the period at the end thereof and in7 serting a semicolon;

8 (III) by adding at the end thereof

9 the following:

10 ‘‘(III) to establish and implement the me11 diation process required by section 615(e); and

12 ‘‘(IV) for activities at the State and local

13 levels to meet the performance goals established

14 by the State under section 612(a)(16); and

15 ‘‘(iii) may use the remainder—

16 ‘‘(I) to develop and implement systems

17 change activities under part C;

18 ‘‘(II) to supplement other funds used to

19 develop and implement a statewide fully inte20 grated and coordinated services system that

21 links education, health, social welfare services,

22 support systems, private entities, and commu23 nity entities in a manner designed to improve

24 the educational and transitional results for chil25 dren and families (including children with dis-
49

•S 1578 RS

1 abilities and their families), but not to exceed 1

2 percent of the amount received by the State

3 under this section; or

4 ‘‘(III) for other appropriate activities as

5 determined by the State educational agency.

6 The system described in subclause (II) of clause (iii) shall

7 be coordinated with, and to the extent appropriate, sup8 port the coordinated, services developed by the State

9 under part H.’’;

10 (C) in paragraph (3), by striking ‘‘section

11 613(a)(9)’’ and inserting ‘‘section

12 612(a)(18)(A) (ii) and (iii)’’; and

13 (D) by striking paragraph (4).

14 (b) SUBGRANTS.—Section 611(d) (20 U.S.C.

15 1411(d)) is amended—

16 (1) in paragraph (1)—

17 (A) by striking ‘‘or intermediate edu18 cational unit’’;

19 (B) by striking ‘‘or unit’’; and

20 (C) by striking ‘‘and units’’;

21 (2) by adding at the end thereof the following

22 new paragraphs:

23 ‘‘(3)(A) A State may elect not to distribute funds to

24 any local educational agency under this section or under

25 section 619 for any fiscal year if the total amount the local
50

•S 1578 RS

1 educational agency would receive, from the combination

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

3 $7,500.

4 ‘‘(B) When a State elects to use its authority under

5 subparagraph (A), the State shall use the funds that

6 would otherwise be provided to the local educational agen7 cy to ensure the provision of a free appropriate public edu8 cation to children with disabilities residing in the area

9 served by that agency.

10 ‘‘(C) A State’s authority under subparagraph (A)

11 does not apply to a State agency that is eligible for a pay12 ment under paragraph (2) or section 619(g).

13 ‘‘(4) If a State educational agency determines that

14 a local educational agency is adequately providing a free

15 appropriate public education to all children with disabil16 ities residing in the area served by that agency with State

17 and local funds, the State educational agency may reallo18 cate any portion of the funds under this part that are not

19 needed by that local agency to provide a free appropriate

20 public education to other local educational agencies in the

21 State that are not adequately providing special education

22 and related services to all children with disabilities resid23 ing in the areas such other local educational agencies

24 serve.’’.
51

•S 1578 RS

1 (c) OUTLYING AREAS.—Section 611 (20 U.S.C.

2 1411) is amended—

3 (1) in the matter immediately following sub4 section (d), by striking ‘‘(e)’’ and all that follows

5 through ‘‘effect).’’ and inserting the following:

6 ‘‘(e)(1)(A) The jurisdictions to which this subsection

7 applies are the outlying areas as defined in section 602.’’;

8 and

9 (2) in paragraph (2)—

10 (A) by striking ‘‘such jurisdictions are so’’

11 and inserting ‘‘such outlying areas are so’’;

12 (B) by striking ‘‘such jurisdiction’’ and in13 serting ‘‘of the outlying areas’’; and

14 (C) by striking ‘‘(2) Each jurisdiction’’ and

15 inserting ‘‘(B) Each of the outlying areas’’; and

16 (3) in paragraph (3)—

17 (A) by striking ‘‘each jurisdiction’’ and in18 serting ‘‘each of the outlying areas’’;

19 (B) by striking ‘‘such jurisdiction’’ and in20 serting ‘‘each of the outlying areas’’; and

21 (C) by striking ‘‘(3) The’’ and inserting

22 ‘‘(2) The’’; and

23 (4) by adding at the end thereof the following

24 new paragraph:
52

•S 1578 RS

1 ‘‘(3) The provisions of section 501 of Public Law 95–

2 134 (48 U.S.C. 1469a), permitting the consolidation of

3 grants to outlying areas, shall not apply to funds such

4 areas receive under this section.’’.

5 (d) SECRETARY OF THE INTERIOR.—Section 611(f)

6 (20 U.S.C. 1411(f)) is amended—

7 (1) in paragraph (1)—

8 (A) by striking ‘‘for these children’’ and

9 inserting ‘‘for children with disabilities aged 3

10 through 21, who are enrolled in programs affili11 ated with the BIA’’;

12 (B) by striking ‘‘aggregate amounts avail13 able for all States under this section for that

14 fiscal year’’ and inserting ‘‘amount appro15 priated under subsection (h) for that fiscal

16 year’’;

17 (2) in paragraph (3)—

18 (A) by striking ‘‘an application that—’’

19 and inserting ‘‘information that—’’;

20 (B) in subparagraph (A), to read as fol21 lows:

22 ‘‘(A) demonstrates that the Department of the

23 Interior meets the appropriate requirements, as de24 termined by the Secretary of Education, of sections
53

•S 1578 RS

1 612 (including monitoring and evaluation activities)

2 and 613’’;

3 (C) in subparagraph (D), by striking ‘‘sec4 tion 618(b)(1)’’ and all that follows through

5 ‘‘required in section 618(g)’’ and inserting ‘‘sec6 tion 618’’;

7 (D) in subparagraph (E), by striking ‘‘an

8 assurance that, by October 1, 1992, the Sec9 retary of the Interior and the Secretary of

10 Health and Human Services’’ and all that fol11 lows through ‘‘memorandum of agreement’’ and

12 inserting ‘‘information that describes activities

13 undertaken with regard to the memorandum of

14 agreement between the Secretaries of Interior

15 and Health and Human Services’’; and

16 (E) in subparagraph (F)—

17 (i) by striking ‘‘its exercise of’’ and

18 inserting ‘‘the Department of Edu19 cation’s’’;

20 (ii) by striking ‘‘of this application’’

21 and inserting ‘‘related to information sub22 mitted to the Secretary of Education under

23 this paragraph’’; and
54

•S 1578 RS

1 (iii) by striking ‘‘its duties’’ and in2 serting ‘‘the duties of the Department of

3 the Interior’’;

4 (3) in the matter immediately following para5 graph (3)(F), by striking ‘‘application.’’ and insert6 ing ‘‘information. The Secretary of the Interior shall

7 submit annually to the Secretary of Education a re8 port that provides a status on the activities as de9 scribed in subparagraphs (A) through (F) that the

10 Secretary of the Interior is carrying out.’’;

11 (4) in paragraph (4)—

12 (A) in subparagraph (A)—

13 (i) by striking ‘‘Beginning with’’ and

14 all that follows through ‘‘under section

15 611(a) for fiscal year 1992,’’ and inserting

16 ‘‘With funds appropriated under subsection

17 (h),’’;

18 (ii) by striking ‘‘aggregate amounts

19 available for all States under this section’’

20 and inserting ‘‘amount appropriated under

21 subsection (h)’’; and

22 (B) in subparagraph (B), to read as fol23 lows:

24 ‘‘(B) The Secretary of the Interior shall distribute the

25 total amount of the 0.25 percent under subparagraph (A)
55

•S 1578 RS

1 by allocating to each tribe or tribal organization an

2 amount based on the number of children with disabilities,

3 aged 3 through 5, residing on reservations as reported an4 nually divided by the total of such children served by all

5 tribes or tribal organizations.’’;

6 (C) in subparagraph (D)—

7 (i) by striking ‘‘is encouraged to’’ and

8 inserting ‘‘shall’’;

9 (ii) by striking ‘‘The above entities’’

10 and inserting ‘‘The tribe and tribal organi11 zation’’; and

12 (iii) by striking ‘‘diagnosis.’’ and in13 serting ‘‘diagnosis of the children’’;

14 (D) in subparagraph (E)—

15 (i) by striking ‘‘a biennial report’’ and

16 inserting ‘‘an annual report’’;

17 (ii) by striking ‘‘following the one in

18 which’’ and inserting ‘‘following the year in

19 which’’;

20 (iii) by striking ‘‘a biennial basis’’ and

21 inserting ‘‘an annual basis’’; and

22 (iv) by striking ‘‘under this sub23 section’’ and inserting ‘‘under paragraph

24 (3) of this subsection’’;

25 (E) in subparagraph (F)—
56

•S 1578 RS

1 (i) by striking ‘‘(where appropriate,

2 intermediate educational units)’’; and

3 (ii) by striking ‘‘its divisions and of4 fices’’ and inserting ‘‘any appropriate divi5 sion or office of the Department of the In6 terior’’;

7 (5) in paragraph (5)—

8 (A) by striking ‘‘January 1, 1992’’ and in9 serting ‘‘June 1, 1997’’;

10 (B) by striking ‘‘Committee on Education

11 and Labor’’ and inserting ‘‘Chairman of the

12 Committee on Economic and Educational Op13 portunities’’;

14 (C) by striking ‘‘Committee on Labor’’ and

15 inserting ‘‘Chairman of the Committee on

16 Labor’’;

17 (D) by striking ‘‘interested and involved

18 parties’’ and inserting ‘‘interested and involved

19 parties, including parents of Indian children

20 with disabilities’’; and

21 (E) by striking ‘‘interested parties’’ and in22 serting ‘‘interested agencies, organizations, or

23 individuals’’; and

24 (6) in paragraph (6)—
57

•S 1578 RS

1 (A) by striking ‘‘sections 613(a)(12) of

2 this Act’’ and inserting ‘‘section 612(a)(20)’’;

3 (B) by striking ‘‘, within 6 months’’ and

4 all that follows through ‘‘Bureau of Indian Af5 fairs (BIA),’’;

6 (C) in subparagraph (A), by striking ‘‘in7 fants, toddlers, children, and youth’’ and insert8 ing ‘‘infants and toddlers and children’’;

9 (D) in subparagraph (D), by striking

10 ‘‘and;’’ and inserting a semicolon;

11 (E) in subparagraph (E), by striking the

12 period at the end thereof and inserting ‘‘and;’’;

13 and

14 (F) by adding at the end thereof the fol15 lowing new subparagraph:

16 ‘‘(F) prepare a status report on the educational

17 and transitional results for Indian children with dis18 abilities, to be submitted to the Secretary of the In19 terior on January 2, 1997.’’.

20 (e) REPORTING DATES FOR FUNDING ESTIMATES.—

21 Section 611(g) (20 U.S.C. 1411(g)) is amended—

22 (1) in paragraph (1)(C)(i), by striking ‘‘and in23 termediate educational units’’; and

24 (2) in paragraph (2)—
58

•S 1578 RS

1 (A) in subparagraph (A), by striking ‘‘or

2 intermediate educational unit’’; and

3 (B) in subparagraph (B)—

4 (i) by striking ‘‘and intermediate edu5 cational units’’ each place it appears; and

6 (ii) by striking ‘‘or unit’’ each place it

7 appears.

8 SEC. 202. STATE ELIGIBILITY.

9 Section 612 (20 U.S.C. 1412) is amended to read as

10 follows:

11 ‘‘SEC. 612. STATE ELIGIBILITY.

12 ‘‘(a) IN GENERAL.—A State is eligible for assistance

13 under this part for any fiscal year if the State dem14 onstrates to the satisfaction of the Secretary that the

15 State has in effect policies and procedures to ensure that

16 the State meets each of the following conditions:

17 ‘‘(1) FREE APPROPRIATE PUBLIC EDU18 CATION.—

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

20 public education is available to all children with

21 disabilities aged 3 through 21 who are residing

22 in the State.

23 ‘‘(B) APPLICABILITY.—Subparagraph (A)

24 does not apply with respect to children aged 3

25 through 5 and 18 through 21 in a State to the
59

•S 1578 RS

1 extent that the application of such subpara2 graph to such children would be inconsistent

3 with the State law or practice, or the order of

4 any court, respecting the provision of public

5 education to children in such age ranges.

6 ‘‘(2) FULL EDUCATIONAL OPPORTUNITY

7 GOAL.—The State has established a goal of provid8 ing full educational opportunity to all children with

9 disabilities and a detailed timetable for accomplish10 ing the goal.

11 ‘‘(3) CHILD FIND.—

12 ‘‘(A) IN GENERAL.—All children with dis13 abilities residing in the State are identified, lo14 cated, and evaluated, regardless of the severity

15 of the disability of the children.

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

17 Act requires that children be classified by their

18 disability provided that each child who has a

19 disability listed in section 602(a)(4)(i) and who,

20 by reason of that disability, needs special edu21 cation and related services is regarded as a

22 child with a disability under this part.

23 ‘‘(4) INDIVIDUALIZED EDUCATION PROGRAM.—

24 An individualized education program (or an individ25 ualized family service plan that meets the content
60

•S 1578 RS

1 requirements of section 677(d)) is developed, re2 viewed, and revised in accordance with subsections

3 (d) through (j) of section 614.

4 ‘‘(5) LEAST RESTRICTIVE ENVIRONMENT.—

5 ‘‘(A) IN GENERAL.—To the maximum ex6 tent appropriate, children with disabilities (in7 cluding children in public or private institutions

8 or other care facilities) are educated with chil9 dren who are not disabled, and special classes,

10 separate schooling, or other removal of children

11 with disabilities from the regular educational

12 environment occurs only when the nature or se13 verity of a child’s disability is such that edu14 cation in regular classes with the use of special

15 education and related services and supple16 mentary aids and services cannot be achieved

17 satisfactorily.

18 ‘‘(B) FUNDING.—

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

20 funding mechanism by which the State dis21 tributes State funds on the basis of the

22 type of setting in which a child is served,

23 the funding mechanism does not result in

24 placements that violate the requirements of

25 subparagraph (A).
61

•S 1578 RS

1 ‘‘(ii) ASSURANCE.—If the State does

2 not have policies and procedures to ensure

3 compliance with clause (i), the State shall

4 provide the Secretary an assurance that

5 the State will revise the funding mecha6 nism used by the State as soon as feasible

7 to ensure that the funding mechanism does

8 not result in such placements.

9 ‘‘(C) DISPROPORTIONALITY.—

10 ‘‘(i) IN GENERAL.—Data are exam11 ined by the State educational agency to de12 termine if significant racial

13 disproportionality is occurring in the iden14 tification of children as children with dis15 abilities (including the classification of

16 such children according to a particular im17 pairment described in section 602(a)(4)) or

18 in the placement of such children in par19 ticular types of settings.

20 ‘‘(ii) REVIEW AND REVISION OF POLI21 CIES.—In the case of an occurrence de22 scribed in clause (i), the placement and

23 evaluation policies, procedures, and prac24 tices are reviewed and, if appropriate, re25 vised, to ensure that such policies, proce-
62

•S 1578 RS

1 dures, and practices comply with the re2 quirements of this Act.

3 ‘‘(6) PROCEDURAL SAFEGUARDS.—Children

4 with disabilities and their parents are afforded the

5 procedural safeguards required by section 615.

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

7 are evaluated in accordance with subsections (a)

8 through (c) of section 614.

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

10 comply with section 617(c), relating to the confiden11 tiality of records and information.

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

13 PROGRAMS.—

14 ‘‘(A) IN GENERAL.—Children who are par15 ticipating in early intervention programs under

16 part H and who will participate in preschool

17 programs assisted under this part, are provided

18 an effective transition to such preschool pro19 grams.

20 ‘‘(B) TRANSITION PLANNING.—Local edu21 cational agency personnel will participate in

22 transition planning conferences convened by a

23 designated or established lead agency under

24 section 678(a)(8)(A)(ii)(II).
63

•S 1578 RS

1 ‘‘(C) INDIVIDUALIZED EDUCATION PRO2 GRAM; INDIVIDUALIZED FAMILY SERVICE

3 PLAN.—By the third birthday of a child who

4 participates in the programs described in sub5 paragraph (A), an individualized education pro6 gram or, if consistent with section 614(d)(1)(B)

7 or 677(d), an individualized family service plan,

8 has been developed and is being implemented.

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

10 ‘‘(A) CHILDREN PLACED IN PRIVATE

11 SCHOOLS BY THEIR PARENTS.—To the extent

12 consistent with the number and location of chil13 dren with disabilities in the State who are en14 rolled by their parents in private elementary

15 and secondary schools, provision is made for the

16 participation of such children in the program

17 assisted or carried out under this part by pro18 viding for such children special education and

19 related services.

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

21 TO, PRIVATE SCHOOLS BY PUBLIC AGENCIES.—

22 ‘‘(i) IN GENERAL.—Children with dis23 abilities in private schools and facilities are

24 provided special education and related

25 services, in accordance with individualized
64

•S 1578 RS

1 education programs, at no cost to their

2 parents, if such children are placed in, or

3 referred to, such schools or facilities by the

4 State or a local educational agency in

5 order to comply with this part or with any

6 other law requiring the provision of special

7 education and related services to all chil8 dren with disabilities in the State.

9 ‘‘(ii) STANDARDS.—In all cases de10 scribed in clause (i), children with disabil11 ities are placed in, or referred to, only pri12 vate schools and facilities that meet stand13 ards that apply to State and local edu14 cational agencies, and children with dis15 abilities served in such schools and facili16 ties have all the rights such children would

17 have if served by such agencies.

18 ‘‘(C) PAYMENT FOR EDUCATION OF CHIL19 DREN PLACED IN PRIVATE SCHOOLS WITHOUT

20 CONSENT OF OR REFERRAL BY THE PUBLIC

21 AGENCY.—If as a result of mediation described

22 in section 615(d), or as a result of a decision

23 rendered under the procedural safeguards of

24 section 615, the parents of a child with a dis25 ability who previously received special education
65

•S 1578 RS

1 and related services under the authority of a

2 local educational agency enroll their child in a

3 private elementary or secondary school without

4 the consent of, or a referral by the local edu5 cational agency, the local educational agency

6 may be required to reimburse the parents for

7 the cost of the enrollment. The amount of the

8 reimbursement may be reduced or denied—

9 ‘‘(i) if, prior to the removal of the

10 child from the public school, the parents do

11 not provide a statement to the local edu12 cational agency rejecting the placement

13 proposed by the local educational agency;

14 or

15 ‘‘(ii) upon a judicial finding of

16 unreasonableness with respect to actions

17 taken by the parents.

18 ‘‘(11) SEA RESPONSIBLE FOR GENERAL SU19 PERVISION.—

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

21 agency is responsible for ensuring the following:

22 ‘‘(i) REQUIREMENTS.—The require23 ments of this part are carried out.

24 ‘‘(ii) EDUCATIONAL PROGRAMS.—All

25 educational programs for children with dis-
66

•S 1578 RS

1 abilities in the State, including all such

2 programs administered by any other State

3 or local agency, are under the general su4 pervision of the persons in the State edu5 cational agency who are responsible for

6 educational programs for children with dis7 abilities and meet educational standards of

8 the State educational agency.

9 ‘‘(B) SPECIAL RULE.—Subparagraph (A)

10 shall not be construed as limiting the obliga11 tions of agencies other than educational agen12 cies to provide, or pay for some or all of the

13 costs of, a free appropriate public education for

14 any child with a disability in the State.

15 ‘‘(12) OBLIGATIONS RELATED TO AND METH16 ODS OF ENSURING SERVICES.—

17 ‘‘(A) IN GENERAL.—If any public agency

18 other than an educational agency is responsible

19 for providing or paying for the services (such as

20 mental health services, transition services, and

21 health services) that are also necessary for en22 suring a free appropriate public education to

23 children with disabilities within the State, such

24 public agency shall pay for, or provide directly

25 or through contract or other arrangement, such
67

•S 1578 RS

1 services to children with disabilities. In a case

2 in which a local educational agency provides

3 such services to such children, as a result of a

4 contract or other arrangement with a public

5 agency described in this subparagraph, the local

6 educational agency may seek reimbursement

7 from such public agency for the services pro8 vided.

9 ‘‘(B) INTERAGENCY AGREEMENT OR

10 OTHER MECHANISM.—Each State shall ensure

11 that an interagency agreement or other mecha12 nism for interagency coordination is in effect

13 between each public agency described in sub14 paragraph (A) and the appropriate educational

15 agency within the State, in order to ensure that

16 all required services are provided. Such agree17 ment or mechanism shall include the following:

18 ‘‘(i) AGENCY FINANCIAL RESPON19 SIBILITY.—An identification of, or a meth20 od for defining, the financial responsibility

21 of each agency for providing a free appro22 priate public education to children with

23 disabilities.

24 ‘‘(ii) CONDITIONS AND TERMS OF RE25 IMBURSEMENT.—The conditions and terms
68

•S 1578 RS

1 of reimbursement under which a local edu2 cational agency may be reimbursed by

3 other agencies.

4 ‘‘(iii) INTERAGENCY DISPUTES.—Pro5 cedures for resolving interagency disputes

6 (including procedures under which local

7 educational agencies may initiate proceed8 ings) under the agreement or other mecha9 nism to secure reimbursement from other

10 agencies or otherwise implement the provi11 sions of the agreement.

12 ‘‘(iv) COORDINATION OF SERVICES

13 PROCEDURES.—Procedures for agencies to

14 determine and identify the interagency co15 ordination responsibilities of each agency

16 with respect to the provision of services.

17 ‘‘(C) SPECIAL RULE.—The requirements of

18 subparagraph (B) may be met through—

19 ‘‘(i) State statute or regulation;

20 ‘‘(ii) signed agreements between re21 spective agency officials; or

22 ‘‘(iii) other appropriate methods.

23 ‘‘(13) LOCAL EDUCATIONAL AGENCY ELIGI24 BILITY.—The State educational agency will not

25 make a final determination that a local educational
69

•S 1578 RS

1 agency is not eligible under this part without first

2 affording the local educational agency reasonable no3 tice and an opportunity for a hearing.

4 ‘‘(14) COMPREHENSIVE SYSTEM OF PERSONNEL

5 DEVELOPMENT.—The State has in effect, consistent

6 with the purposes of this Act and with section

7 676(b)(8), a comprehensive system of personnel de8 velopment that is designed to ensure an adequate

9 supply of qualified special education and related

10 services personnel necessary to carry out this part

11 and that includes the following:

12 ‘‘(A) STATEWIDE DATA.—Statewide data

13 that include the number of personnel providing

14 special education and related services, and of

15 that number, the number of individuals with

16 temporary certification, and the number of va17 cancies.

18 ‘‘(B) PERSONNEL DEVELOPMENT PLAN.—

19 A personnel development plan that meets the

20 following requirements:

21 ‘‘(i) CONSULTATIONS.—The plan is

22 developed in consultation with parents of

23 children with disabilities, State and local

24 educational agencies, institutions of higher

25 education, and professional associations.
70

•S 1578 RS

1 ‘‘(ii) PERSONNEL.—The plan address2 es or includes the following:

3 ‘‘(I) PERSONNEL NEEDS.—The

4 current and projected needs for spe5 cial education and related services

6 personnel throughout the State.

7 ‘‘(II) SERVICE PREPARATION OF

8 PERSONNEL.—The plan addresses the

9 need for the preservice and inservice

10 preparation of personnel throughout

11 the State, including regular education

12 personnel, to provide educational and

13 related services to children with dis14 abilities.

15 ‘‘(III) RECRUITMENT.—The plan

16 includes a system or procedures for

17 recruiting, preparing, and retaining

18 qualified personnel, including person19 nel with disabilities and personnel

20 from groups that are underrep21 resented in the field of special edu22 cation and related services.

23 ‘‘(IV) INTEGRATION WITH OTHER

24 PLANS.—The plan is integrated, to

25 the maximum extent possible, with
71

•S 1578 RS

1 other professional development plans

2 and activities, including plans and ac3 tivities developed or carried out under

4 other Federal law and State law that

5 address personnel recruitment and

6 training.

7 ‘‘(iii) REVISION.—The plan is revised

8 every 3 years.

9 ‘‘(15) PERSONNEL STANDARDS.—The State

10 educational agency has established policies and pro11 cedures relating to the establishment and mainte12 nance of standards to ensure that personnel nec13 essary to carry out the purposes of this part are ap14 propriately and adequately prepared and trained, in15 cluding the following:

16 ‘‘(A) STANDARDS.—The establishment and

17 maintenance of standards that are consistent

18 with any State approved or recognized certifi19 cation, licensing, registration, or other com20 parable requirements that apply to the area in

21 which such personnel are providing special edu22 cation or related services.

23 ‘‘(B) RETRAINING AND HIRING.—To the

24 extent such standards described in subpara25 graph (A) are not based on the highest require-
72

•S 1578 RS

1 ments in the State applicable to a specific pro2 fession or discipline, the State is carrying out

3 measures to require the retraining or hiring of

4 personnel that meet appropriate professional re5 quirements in the State.

6 ‘‘(C) USE OF PARAPROFESSIONAL.—Noth7 ing in this Act, including subparagraphs (A)

8 and (B) of this paragraph, prohibits the use of

9 paraprofessionals who are appropriately trained

10 and supervised, in meeting the requirements of

11 this part.

12 ‘‘(16) PERFORMANCE GOALS AND INDICA13 TORS.—

14 ‘‘(A) GOALS.—The State has established

15 goals for the performance of children with dis16 abilities in the State that are consistent with

17 the purposes of section 601(c)(1) and that are

18 consistent, to the maximum extent appropriate,

19 with other goals and standards established by

20 the State.

21 ‘‘(B) PERFORMANCE INDICATORS.—The

22 State has established performance indicators

23 that the State will use to assess the progress to24 ward achieving the goals described in subpara25 graph (A) and that, at a minimum, address the
73

•S 1578 RS

1 performance of children with disabilities on as2 sessments and the dropout rates and gradua3 tion rates of such children.

4 ‘‘(C) REPORT.—The State will report every

5 2 years to the Secretary and the public on the

6 progress of the State, and of children with dis7 abilities in the State, toward meeting the goals

8 established under subparagraph (A).

9 ‘‘(17) PARTICIPATION IN ASSESSMENTS.—

10 ‘‘(A) ASSESSMENTS.—

11 ‘‘(i) STATE AND DISTRICTWIDE AS12 SESSMENTS.—Children with disabilities are

13 included in general State and districtwide

14 assessment programs, with appropriate ac15 commodations, where necessary.

16 ‘‘(ii) ALTERNATE ASSESSMENTS.—

17 The State educational agency or local edu18 cational agency, as appropriate, will de19 velop guidelines for the participation of

20 children with disabilities in alternate as21 sessments for such children who cannot

22 participate in State and districtwide as23 sessment programs and as soon as feasible,

24 but not later than July 1, 1999, will con25 duct such alternate assessments.
74

•S 1578 RS

1 ‘‘(B) PUBLIC INFORMATION.—The State

2 educational agency shall, as soon as feasible,

3 but not later than July 1, 2000, make reports

4 to the public, with the same frequency and in

5 the same detail as the State makes reports on

6 the assessment of nondisabled children, on the

7 following information with respect children with

8 disabilities:

9 ‘‘(i) REGULAR ASSESSMENTS.—The

10 number of children with disabilities partici11 pating in regular assessments.

12 ‘‘(ii) ALTERNATE ASSESSMENTS.—

13 The number of such children participating

14 in alternate assessments.

15 ‘‘(iii) PERFORMANCE.—The perform16 ance of children with disabilities on regular

17 assessments and on alternate assessments

18 when doing so meets generally accepted

19 professional standards and would not re20 sult in the disclosure of performance re21 sults identifiable to individual children.

22 ‘‘(18) USE OF FUNDS.—

23 ‘‘(A) IN GENERAL.—

24 ‘‘(i) EXPENDITURES.—Funds paid to

25 the State under this part will be expended
75

•S 1578 RS

1 in accordance with all provisions of this

2 part.

3 ‘‘(ii) NONCOMMINGLING.—The funds

4 described in clause (i) will not be commin5 gled with State funds.

6 ‘‘(iii) SUPPLEMENT—NOT SUP7 PLANT.—Except as provided in subpara8 graph (B), the funds described in clause (i)

9 will be used to supplement State, local, and

10 other Federal funds (including funds not

11 under the direct control of State or local

12 educational agencies) expended for special

13 education and related services, and not to

14 supplant such funds.

15 ‘‘(B) WAIVER.—The Secretary may waive,

16 in part, the requirements of clause (iii) of sub17 paragraph (A) if the Secretary determines that

18 the State has provided clear and convincing evi19 dence that all children with disabilities in the

20 State have available a free appropriate public

21 education.

22 ‘‘(19) PUBLIC PARTICIPATION.—Prior to the

23 adoption of any policies and procedures needed to

24 comply with this section (including any amendments

25 to such policies and procedures), there are public
76

•S 1578 RS

1 hearings, adequate notice of the hearings, and an

2 opportunity for comment available to the general

3 public, including individuals with disabilities and

4 parents of children with disabilities. In a case in

5 which policies and procedures have been developed

6 by a State educational agency or through a State

7 legislative hearing and comment process that pro8 vides an opportunity for comment by the general

9 public prior to the adoption of any policies and pro10 cedures by the State, no further public review or

11 public comment period is required.

12 ‘‘(20) STATE ADVISORY PANEL.—

13 ‘‘(A) IN GENERAL.—The State has an ad14 visory panel, appointed by the Governor or any

15 other official authorized under State law to

16 make such appointments, that is representative

17 of the State population and that is composed of

18 individuals involved in, or concerned with, the

19 education of children with disabilities, including

20 the following:

21 ‘‘(i) Parents of children with disabil22 ities.

23 ‘‘(ii) Individuals with disabilities.

24 ‘‘(iii) Teachers.
77

•S 1578 RS

1 ‘‘(iv) Representatives of institutions of

2 higher education that prepare special edu3 cation and related services personnel.

4 ‘‘(v) State and local education offi5 cials.

6 ‘‘(vi) Administrators of programs for

7 children with disabilities.

8 ‘‘(vii) Representatives of other State

9 agencies involved in the financing or deliv10 ery of related services to children with dis11 abilities.

12 ‘‘(viii) At least one representative of a

13 vocational, community, or business organi14 zation concerned with the provision of

15 transition services to children with disabil16 ities.

17 ‘‘(ix) Any other individual, as deter18 mined by the State educational agency.

19 ‘‘(B) DUTIES.—The advisory panel shall

20 carry out the following duties:

21 ‘‘(i) Advise the State educational

22 agency of unmet needs within the State in

23 the education of children with disabilities.
78

•S 1578 RS

1 ‘‘(ii) Comment publicly on any rules

2 or regulations proposed by the State re3 garding the following:

4 ‘‘(I) The education of children

5 with disabilities.

6 ‘‘(II) The procedures for dis7 tribution of funds received by the

8 State under this part.

9 ‘‘(iii) Advise the State educational

10 agency with respect to developing evalua11 tions and reporting on data to the Sec12 retary under section 618.

13 ‘‘(iv) Advise the State educational

14 agency with respect to developing correc15 tive action plans to address findings identi16 fied in Federal monitoring reports under

17 this part.

18 ‘‘(v) Advise the State educational

19 agency with respect to developing and im20 plementing policies relating to the coordi21 nation of services for children with disabil22 ities.

23 ‘‘(C) CONSOLIDATION OF PANELS.—Any

24 State panel that meets the requirement of sec25 tion 306 of the Goals 2000: Educate America
79

•S 1578 RS

1 Act (20 U.S.C. 5886), or any committee of

2 practitioners created under section 1603(b) of

3 the Elementary and Secondary Education Act

4 of 1965 (20 U.S.C. 6513(b)), may also serve as

5 the State Advisory panel under this part if such

6 State panel or committee meets the require7 ments of this part.

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

9 SERVICES.—If the State educational agency provides free

10 appropriate public education to children with disabilities,

11 or provides such children direct services, the State edu12 cational agency—

13 ‘‘(1) shall comply with any additional require14 ments of section 613(a) as if the State educational

15 agency were a local educational agency; and

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

17 to the State educational agency under this part to

18 serve such children without regard to section

19 613(a)(3)(B) relating to excess costs.

20 ‘‘(c) SUBMISSION OF ELIGIBILITY INFORMATION.—

21 ‘‘(1) SUBMISSION OF INFORMATION.—Except as

22 provided in paragraph (2), a State that wishes to es23 tablish its eligibility under this section shall submit

24 to the Secretary such information as the Secretary

25 may reasonably require.
80

•S 1578 RS

1 ‘‘(2) EXISTING INFORMATION ON POLICIES AND

2 PROCEDURES.—If a State has on file with the Sec3 retary policies and procedures that demonstrate that

4 ‘the State meets any requirement of this section, in5 cluding any policies and procedures filed under this

6 part as in effect prior to the enactment of the Indi7 viduals with Disabilities Education Act Amendments

8 of 1996, the Secretary shall consider the State as

9 meeting that requirement.

10 ‘‘(3) MODIFICATIONS OF POLICIES AND PROCE11 DURES.—The Secretary may require a State to sub12 mit additional eligibility information if the State

13 modifies the policies and procedures that the State

14 has filed with the Secretary consistent with para15 graphs (1) and (2).

16 ‘‘(d) SECRETARIAL APPROVAL.—

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

18 that a State is eligible under this section, the Sec19 retary shall notify the State of the determination.

20 ‘‘(2) LIMITATIONS.—The Secretary shall make

21 a final determination that a State is not eligible

22 under this section only after providing the State—

23 ‘‘(A) reasonable notice; and

24 ‘‘(B) an opportunity for a hearing.
81

•S 1578 RS

1 ‘‘(e) ASSISTANCE UNDER OTHER FEDERAL PRO2 GRAMS.—Nothing in this Act permits a State to reduce

3 medical and other assistance available, or to alter eligi4 bility, under titles V and XIX of the Social Security Act

5 with respect to the provision of a free appropriate public

6 education for children with disabilities within the State.

7 ‘‘(f) BYPASS FOR CHILDREN IN PRIVATE

8 SCHOOLS.—

9 ‘‘(1) IN GENERAL.—If, on the date of enact10 ment of the Education of the Handicapped Act

11 Amendments of 1983, a State educational agency is

12 prohibited by law from providing for the participa13 tion in special programs of children with disabilities

14 enrolled in private elementary and secondary schools

15 as required by subsection (a)(10)(A), the Secretary

16 shall waive such requirement, and shall arrange for

17 the provision of services to such children through ar18 rangements that shall be subject to the requirements

19 of subsection (a)(10)(A).

20 ‘‘(2) FUNDING.—

21 ‘‘(A) IN GENERAL.—When the Secretary

22 arranges for services pursuant to this sub23 section, the Secretary, after consultation with

24 the appropriate public and private school offi25 cials, shall pay to the provider of such services
82

•S 1578 RS

1 an amount per child that does not exceed the

2 amount determined by dividing—

3 ‘‘(i) the total amount received by the

4 State under this part; by

5 ‘‘(ii) the number of children with dis6 abilities served by the State in the preced7 ing year as reported to the Secretary under

8 section 618.

9 ‘‘(B) WITHHOLDING OF FUNDS.—Pending

10 final resolution of any investigation or com11 plaint that could result in a determination

12 under this subsection that the State is prohib13 ited from complying with subsection (a)(10)(A)

14 by State law, the Secretary may withhold from

15 the allocation of the affected State educational

16 agency the amount the Secretary estimates

17 would be necessary to pay the cost of such serv18 ices.

19 ‘‘(C) DETERMINATIONS BY THE SEC20 RETARY.—Any determination by the Secretary

21 under this subsection shall continue in effect

22 until the Secretary determines that there will

23 no longer be any failure or inability on the part

24 of the State educational agency to meet the re25 quirements of subsection (a)(10)(A).
83

•S 1578 RS

1 ‘‘(3) FINAL ACTION.—

2 ‘‘(A) OBJECTIONS.—The Secretary may

3 not take any final action under this subsection

4 until the State educational agency affected by

5 such action has had an opportunity, for at least

6 45 days after receiving written notice thereof,

7 to submit written objections and to appear be8 fore the Secretary or the Secretary’s designee

9 to show cause why such action should not be

10 taken.

11 ‘‘(B) PETITION FOR REVIEW.—If a State

12 educational agency is dissatisfied with the Sec13 retary’s final action after a proceeding under

14 subparagraph (A), the State educational agency

15 may, within 60 days after notice of such action,

16 file with the United States court of appeals for

17 the circuit in which such State is located a peti18 tion for review of that action. A copy of the pe19 tition shall be forthwith transmitted by the

20 clerk of the court to the Secretary. The Sec21 retary thereupon shall file in the court the

22 record of the proceedings on which the Sec23 retary based the Secretary’s action, as provided

24 in section 2112 of title 28, United States Code.
84

•S 1578 RS

1 ‘‘(C) FINDINGS.—The findings of fact by

2 the Secretary, if supported by substantial evi3 dence, shall be conclusive, but the court, for

4 good cause shown, may remand the case to the

5 Secretary to take further evidence. The Sec6 retary may thereupon make new or modified

7 findings of fact and may modify the Secretary’s

8 previous action, and shall file in the court the

9 record of the further proceedings. Such new or

10 modified findings of fact shall likewise be con11 clusive if supported by substantial evidence.

12 ‘‘(D) COURT’S ACTION.—Upon the filing of

13 a petition under subparagraph (B), the court

14 shall have jurisdiction to affirm the action of

15 the Secretary or to set it aside, in whole or in

16 part. The judgment of the court shall be subject

17 to review by the Supreme Court of the United

18 States upon certiorari or certification as pro19 vided in section 1254 of title 28, United States

20 Code.’’.

21 SEC. 203. LOCAL EDUCATIONAL AND STATE AGENCY ELIGI22 BILITY.

23 Section 613 (20 U.S.C. 1413) is amended to read as

24 follows:
85

•S 1578 RS

1 ‘‘SEC. 613. LOCAL EDUCATIONAL AGENCY AND STATE

2 AGENCY ELIGIBILITY.

3 ‘‘(a) IN GENERAL.—A local educational agency is eli4 gible for assistance under this part for any fiscal year if

5 the local educational agency demonstrates to the satisfac6 tion of the State educational agency that the local edu7 cational agency meets each of the following conditions:

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

9 The local educational agency, in providing for the

10 education of children with disabilities within the ju11 risdiction of the local educational agency, has in ef12 fect policies, procedures, and programs that are con13 sistent with the State policies and procedures estab14 lished under section 612 with respect to the follow15 ing:

16 ‘‘(A) The availability of a free appropriate

17 public education under section 612(a)(1).

18 ‘‘(B) The goal of providing full educational

19 opportunity to all children with disabilities

20 under section 612(a)(2).

21 ‘‘(C) The identification, location, and eval22 uation of children with disabilities under section

23 612(a)(3).

24 ‘‘(D) Individualized education programs

25 under section 612(a)(4).
86

•S 1578 RS

1 ‘‘(E) Education of children in the least re2 strictive environment under section 612(a)(5).

3 ‘‘(F) Procedural safeguards under section

4 612(a)(6).

5 ‘‘(G) Evaluation under section 612(a)(7).

6 ‘‘(H) Confidentiality under section

7 612(a)(8).

8 ‘‘(I) Transition of children from early

9 intervention programs under part H to pre10 school programs under section 612(a)(9).

11 ‘‘(J) Children in private schools under sec12 tion 612(a)(10).

13 ‘‘(2) COMPREHENSIVE SYSTEM OF PERSONNEL

14 DEVELOPMENT.—The local educational agency, to

15 the extent appropriate, contributes to and uses the

16 State’s comprehensive system of personnel develop17 ment established under section 612(a)(14).

18 ‘‘(3) USE OF FUNDS.—Funds provided to the

19 local educational agency under this part will be ex20 pended or used in the following manner:

21 ‘‘(A) EXPENDITURES.—Funds will be ex22 pended in accordance with the applicable provi23 sions of this part.

24 ‘‘(B) EXCESS COSTS.—Funds will be used

25 only to pay the excess costs of providing special
87

•S 1578 RS

1 education and related services to children with

2 disabilities.

3 ‘‘(C) SUPPLEMENT—NOT SUPPLANT.—

4 Funds will be used to supplement State, local,

5 and other Federal funds and not to supplant

6 such funds.

7 ‘‘(D) LEVEL OF EXPENDITURES.—Except

8 as provided in subparagraph (E), funds will not

9 be used to reduce the level of expenditures for

10 the education of children with disabilities made

11 by the local educational agency from State or

12 local funds below the level of such expenditures

13 for the preceding fiscal year.

14 ‘‘(E) EXCEPTION.—Notwithstanding the

15 limitation in subparagraph (D), a local edu16 cational agency may reduce the level of expendi17 tures for the education of children with disabil18 ities if such reduction is the result of—

19 ‘‘(i) the voluntary departure, by re20 tirement or otherwise, of special education

21 personnel who are paid at or near the top

22 of the agency’s salary scale;

23 ‘‘(ii) decreases in enrollment of chil24 dren with disabilities;
88

•S 1578 RS

1 ‘‘(iii) the end of the agency’s obliga2 tion, consistent with this part, to provide

3 an exceptionally costly program of special

4 education to a particular child with a dis5 ability because the child—

6 ‘‘(I) has left the agency’s juris7 diction;

8 ‘‘(II) has reached the age at

9 which the agency’s obligation to pro10 vide a free appropriate public edu11 cation to the child terminates; or

12 ‘‘(III) no longer needs the pro13 gram; or

14 ‘‘(iv) the termination of unusually

15 large expenditures for such long-term pur16 poses as the acquisition of equipment and

17 the construction of school facilities.

18 ‘‘(4) PERMISSIVE USE OF FUNDS.—Notwith19 standing paragraph (3)(B) or section

20 612(a)(18)(A)(ii) (relating to commingled funds),

21 funds provided to the local educational agency under

22 this part may be used for the following activities:

23 ‘‘(A) SERVICES AND AIDS THAT ALSO BEN24 EFIT NONDISABLED CHILDREN.—For the costs

25 of special education and related services and
89

•S 1578 RS

1 supplementary aids and services provided in a

2 regular class to a child with a disability in ac3 cordance with the individualized education pro4 gram of the child, even if one or more non5 disabled children benefit from such services.

6 ‘‘(B) SERVICES AND AIDS THAT ALSO BEN7 EFIT OTHER DISABLED CHILDREN.—For the

8 costs of special education and related services

9 and supplementary aids and services provided

10 to a child with a disability in accordance with

11 the individualized education program of the

12 child, even if one or more children with disabil13 ities who are protected by section 504 of the

14 Rehabilitation Act of 1973 and title II of the

15 Americans with Disabilities Act of 1990 benefit

16 from such services.

17 ‘‘(C) INTEGRATED AND COORDINATED

18 SERVICES SYSTEM.—To develop and implement

19 a fully integrated and coordinated services sys20 tem in accordance with subsection (f).

21 ‘‘(D) SCHOOL-BASED IMPROVEMENT

22 PLAN.—To design, implement, and evaluate a

23 school-based improvement plan (in accordance

24 with subsection (g)) that is consistent with the

25 purposes and authorized activities of part C
90

•S 1578 RS

1 and that is designed to improve educational and

2 transitional results for all children with disabil3 ities and, as appropriate, other children consist4 ent with subparagraphs (A) and (B).

5 ‘‘(b) SUBMISSION OF INFORMATION; PRIOR LOCAL

6 EDUCATIONAL AGENCY APPLICATIONS.—

7 ‘‘(1) SUBMISSION OF INFORMATION.—Except as

8 provided in paragraph (2), a local educational agen9 cy that desires to establish its eligibility under this

10 section shall submit to the State educational agency

11 information demonstrating that the local educational

12 agency meets the requirements of subsection (a).

13 ‘‘(2) EXISTING INFORMATION ON POLICIES AND

14 PROCEDURES.—If a local educational agency has on

15 file with the State educational agency policies and

16 procedures that meet any requirement of this sec17 tion, including any policies, procedures, or applica18 tions filed under this part as in effect before the

19 date of enactment of the Individuals with Disabil20 ities Education Act Amendments of 1996, the State

21 educational agency may consider the local edu22 cational agency as meeting such requirement.

23 ‘‘(3) MODIFICATIONS OF POLICIES AND PROCE24 DURES.—The State educational agency may require

25 a local educational agency to submit additional eligi-
91

•S 1578 RS

1 bility information if the local educational agency

2 modifies the policies and procedures that the local

3 educational agency has filed with the Secretary con4 sistent with paragraphs (1) and (2).

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

6 ‘‘(1) DETERMINATION.—

7 ‘‘(A) IN GENERAL.—If the State edu8 cational agency determines that a local edu9 cational agency or State agency under sub10 section (i) is eligible under this section, the

11 State educational agency shall notify the agency

12 of the determination.

13 ‘‘(B) LIMITATION ON STATE NOTIFICA14 TION.—A State educational agency may not

15 give the notice to an agency described under

16 subparagraph (A) until the Secretary has noti17 fied the State educational agency that the State

18 is eligible under section 612.

19 ‘‘(2) LIMITATION ON FINAL DETERMINATION.—

20 The State educational agency may not make a final

21 determination that a local educational agency or

22 State agency under subsection (i) is not eligible

23 under this section until after providing the local edu24 cational or State agency—

25 ‘‘(A) reasonable notice; and
92

•S 1578 RS

1 ‘‘(B) an opportunity for a hearing.

2 ‘‘(d) LOCAL EDUCATIONAL AGENCY AND STATE

3 AGENCY COMPLIANCE.—

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

5 agency, after reasonable notice and an opportunity

6 for a hearing, finds that a local educational agency

7 or State agency under subsection (i) that has been

8 found eligible under this section is not in compliance

9 with any of the eligibility requirements described in

10 subsection (a), the State educational agency shall

11 make no further payments to the local educational

12 agency or State agency under section 620 until the

13 State educational agency has determined that the

14 agency is complying with the eligibility requirements

15 described in subsection (a).

16 ‘‘(2) NOTIFICATION OF PENDENCY OF AC17 TION.—Section 616(a) with respect to notification of

18 a pending action shall apply to any agency that re19 ceives a notice from the State educational agency

20 under this subsection.

21 ‘‘(3) ADVERSE DECISIONS.—In carrying out its

22 responsibilities under paragraph (1), the State edu23 cational agency shall consider any decision made in

24 a hearing held under section 615 that is adverse to
93

•S 1578 RS

1 the local educational agency or State agency involved

2 in that decision.

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

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

5 may join with another local educational agency to

6 meet the eligibility requirements of this section if the

7 State educational agency determines that the local

8 educational agency would be ineligible under this

9 section because the local educational agency—

10 ‘‘(A) would not be able to establish and

11 maintain programs of sufficient size and scope

12 to effectively meet the needs of children with

13 disabilities; or

14 ‘‘(B) does not qualify for the minimum

15 grant under section 611(d)(3)(A), if the State

16 elects to use its authority under such section.

17 ‘‘(2) REQUIREMENTS.—

18 ‘‘(A) FUNDING.—If a State educational

19 agency requires a local educational agency to

20 join with another local educational agency to

21 meet the eligibility requirements under para22 graph (1), the total amount of funds made

23 available to the affected local educational agen24 cies shall equal the sum of the payments that

25 each such local educational agency would have
94

•S 1578 RS

1 received under section 611(c) if such local agen2 cies were eligible for such payments.

3 ‘‘(B) POLICIES AND PROCEDURES AND AD4 MINISTRATION OF PROGRAMS.—Local edu5 cational agencies that establish joint eligibility

6 under this subsection shall—

7 ‘‘(i) adopt policies and procedures

8 that are consistent with the State’s policies

9 and procedures under section 612(a); and

10 ‘‘(ii) be jointly responsible for imple11 menting programs receiving assistance

12 under this part.

13 ‘‘(C) EDUCATIONAL SERVICE AGENCY.—

14 ‘‘(i) If an educational service agency

15 is required by State law to carry out this

16 part, the joint responsibilities given to local

17 educational agencies under subparagraph

18 (B)(ii) shall—

19 ‘‘(I) not apply to the administra20 tion and disbursement of any pay21 ments received by that service agency;

22 and

23 ‘‘(II) be carried out only by that

24 service agency.
95

•S 1578 RS

1 ‘‘(ii) Nothing in this subsection re2 lieves an educational service agency of its

3 responsibility to provide for the education

4 of children with disabilities in the least re5 strictive environment, as required by sec6 tion 612(a)(5) and subsection (a)(1)(E).

7 ‘‘(f) COORDINATED SERVICES SYSTEM.—

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

9 may use not more than 5 percent of the amount the

10 agency receives under this part for any fiscal year,

11 in combination with other funds (which shall include

12 funds other than education funds), to develop and

13 implement a fully integrated and coordinated service

14 system that links education, health, social welfare

15 services, support systems, private entities, and other

16 community entities in a manner designed to improve

17 educational and transitional results for all children

18 and their families, including all children with disabil19 ities and their families.

20 ‘‘(2) PERMISSIBLE ACTIVITIES.—Activities that

21 a local educational agency may carry out under this

22 subsection include—

23 ‘‘(A) improving the effectiveness and effi24 ciency of service delivery, including developing
96

•S 1578 RS

1 strategies that promote accountability for the

2 educational and transitional results;

3 ‘‘(B) service coordination and case man4 agement that facilitate the linkage of individ5 ualized education programs under this part and

6 individualized family service plans under part H

7 with individualized service plans under other

8 Federal and State programs, such as title I of

9 the Rehabilitation Act of 1973 (vocational reha10 bilitation), title XIX of the Social Security Act

11 (Medicaid), and title XVI of the Social Security

12 Act (Supplemental Security Income);

13 ‘‘(C) developing and implementing inter14 agency financing strategies for the provision of

15 education, health, mental health, and social

16 services, including transition services and relat17 ed services under this Act; and

18 ‘‘(D) interagency personnel development

19 for the persons involved in the delivery of co20 ordinated services.

21 ‘‘(3) LIMITATION ON USE OF FUNDS.—If a

22 local educational agency is carrying out a coordi23 nated services project under title XI of the Elemen24 tary and Secondary Education Act of 1965 and a

25 coordinated services project under this part in the
97

•S 1578 RS

1 same schools, the local educational agency shall use

2 funds under this subsection in accordance with that

3 title.

4 ‘‘(g) SCHOOL-BASED IMPROVEMENT PLAN.—

5 ‘‘(1) IN GENERAL.—Each local educational

6 agency may, in accordance with paragraph (2), use

7 funds made available under this part to permit a

8 local school within the jurisdiction of the local edu9 cational agency to design, implement, and evaluate

10 a school-based improvement plan that is consistent

11 with the purposes and authorized activities described

12 in part C and that is designed to improve edu13 cational and transitional results for all children with

14 disabilities and, as appropriate, for other children

15 consistent with subsection (a)(4) (A) and (B) in

16 such local school.

17 ‘‘(2) AUTHORITY.—A State educational agency

18 may grant authority to a local educational agency to

19 permit a local school described in paragraph (1)

20 (through a school-based standing panel established

21 under paragraph (4)(B)) to design, implement, and

22 evaluate a school-based improvement plan described

23 in paragraph (1) for a period not to exceed 3 years.
98

•S 1578 RS

1 ‘‘(3) PLAN REQUIREMENTS.—A school-based

2 improvement plan described in paragraph (1)

3 shall—

4 ‘‘(A) be designed to be consistent with the

5 purposes and authorized activities described in

6 part C and to improve educational and transi7 tional results for all children with disabilities

8 and, as appropriate, for other children consist9 ent with subsection (a)(4) (A) and (B), who at10 tend the school for which the plan is designed

11 and implemented;

12 ‘‘(B) be designed, evaluated, and, as ap13 propriate, implemented by a school-based stand14 ing panel established in accordance with para15 graph (4)(B);

16 ‘‘(C) include goals and measurable indica17 tors to assess the progress of the local school in

18 meeting such goals; and

19 ‘‘(D) ensure that all children with disabil20 ities receive the same level of services in such

21 school as required by the individualized edu22 cation programs of such children.

23 ‘‘(4) RESPONSIBILITIES OF THE LOCAL EDU24 CATIONAL AGENCY.—A local educational agency that

25 is granted authority under paragraph (2) to permit
99

•S 1578 RS

1 a local school to design, implement, and evaluate a

2 school-based improvement plan shall—

3 ‘‘(A) select each school under the jurisdic4 tion of such agency that is eligible to design,

5 implement, and evaluate such a plan;

6 ‘‘(B) require each school selected under

7 subparagraph (A), in accordance with criteria

8 established by such local educational agency

9 under subparagraph (C), to establish a school10 based standing panel to carry out the duties de11 scribed in paragraph (3)(B);

12 ‘‘(C) establish—

13 ‘‘(i) criteria that shall be used by such

14 local educational agency in the selection of

15 an eligible school under subparagraph (A);

16 ‘‘(ii) criteria that shall be used by a

17 local school selected under subparagraph

18 (A) in the establishment a school-based

19 standing panel to carry out the duties de20 scribed in paragraph (3)(B) and that shall

21 ensure that the membership of such panel

22 reflects the diversity of the community and

23 includes, at a minimum—

24 ‘‘(I) parents of children with dis25 abilities who attend such local school,
100

•S 1578 RS

1 including parents of children with dis2 abilities from unserved and under3 served populations, as appropriate;

4 ‘‘(II) special education and gen5 eral education teachers of such local

6 school;

7 ‘‘(III) special education and gen8 eral education administrators, or the

9 designee of such administrators, of

10 such local school; and

11 ‘‘(IV) special education and relat12 ed services providers who are respon13 sible for providing services to the chil14 dren with disabilities who attend such

15 local school; and

16 ‘‘(iii) criteria that shall be used by

17 such local educational agency with respect

18 to the distribution of funds under this part

19 to carry out this subsection;

20 ‘‘(D) disseminate the criteria established

21 under subparagraph (C) to local school district

22 personnel and local parent organizations within

23 the jurisdiction of such local educational agen24 cy;
101

•S 1578 RS

1 ‘‘(E) require a local school that desires to

2 design, implement, and evaluate a school-based

3 improvement plan to submit an application at

4 such time, in such manner, and accompanied by

5 such information as such local educational

6 agency shall reasonably require; and

7 ‘‘(F) establish procedures for approval by

8 such local educational agency of a school-based

9 improvement plan designed under this sub10 section.

11 ‘‘(5) LIMITATION.—A school-based improve12 ment plan described in paragraph (1) may be sub13 mitted to a local educational agency for approval

14 only if a consensus with respect to any matter relat15 ing to the design, implementation, or evaluation of

16 such plan (including any matter relating to the goals

17 and measurable indicators included in such plan) is

18 reached by the school-based standing panel that de19 signed such plan.

20 ‘‘(6) ADDITIONAL REQUIREMENTS.—

21 ‘‘(A) PARENTAL INVOLVEMENT.—In carry22 ing out the requirements of this subsection, a

23 local educational agency shall ensure that the

24 parents of children with disabilities are involved

25 in the design, evaluation, and, where appro-
102

•S 1578 RS

1 priate, implementation of school-based improve2 ment plans in accordance with this subsection.

3 ‘‘(B) PLAN APPROVAL.—A local edu4 cational agency may approve a school-based im5 provement plan of a local school within the ju6 risdiction of such agency for a period of 3

7 years, if—

8 ‘‘(i) the approval is consistent with

9 the policies, procedures, and practices es10 tablished by such local educational agency

11 and in accordance with this subsection;

12 and

13 ‘‘(ii) all members of the school-based

14 standing panel that designed such plan

15 agree in writing to such plan.

16 ‘‘(7) EXTENSION OF PLAN.—If a local school

17 within the jurisdiction of a local educational agency

18 meets the applicable requirements and criteria de19 scribed in paragraphs (3) and (4) at the expiration

20 of the 3-year approval period described in paragraph

21 (6)(B), such agency may approve a school-based im22 provement plan of such school for an additional 3-

23 year period.

24 ‘‘(h) DIRECT SERVICES BY THE STATE EDU25 CATIONAL AGENCY.—
103

•S 1578 RS

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

2 shall use the payments that would otherwise have

3 been available to a local educational agency or to a

4 State agency under subsection (i) to provide special

5 education and related services directly to children

6 with disabilities residing in the area served by that

7 local agency, or for whom that State agency is re8 sponsible, if the State educational agency determines

9 that—

10 ‘‘(A) the local educational agency or the

11 State agency—

12 ‘‘(i) has not provided the information

13 needed to establish the eligibility of the

14 local educational agency or the State agen15 cy under this section; or

16 ‘‘(ii) is unable or unwilling to estab17 lish and maintain programs of free appro18 priate public education that meet the re19 quirements of subsection (a) of this sec20 tion; or

21 ‘‘(B) the local educational agency—

22 ‘‘(i) is unable or unwilling to be con23 solidated with other local educational agen24 cies in order to establish and maintain

25 such programs; or
104

•S 1578 RS

1 ‘‘(ii) has one or more children with

2 disabilities who can best be served by a re3 gional or State program or service delivery

4 system designed to meet the needs of such

5 children.

6 ‘‘(2) METHOD OF PROVISION OF SERVICES.—

7 The State educational agency may provide special

8 education and related services under paragraph (1)

9 in such manner and at such locations (including re10 gional or State centers) as the State educational

11 agency considers appropriate, so long as the edu12 cation and services are provided in accordance with

13 this part.

14 ‘‘(i) STATE AGENCY ELIGIBILITY.—Any State agency

15 that received funds under section 614A (as such section

16 was in effect on the day preceding the date of enactment

17 of the Individuals with Disabilities Education Act Amend18 ments of 1996) and desires to receive a subgrant for any

19 fiscal year under section 611(c) or 619(g) shall dem20 onstrate to the satisfaction of the State educational agency

21 that—

22 ‘‘(1) all children with disabilities who are par23 ticipating in programs and projects funded under

24 this part receive a free appropriate public education,

25 and that the children and their parents are provided
105

•S 1578 RS

1 all the rights and procedural safeguards described in

2 this part; and

3 ‘‘(2) the State agency meets such other condi4 tions of this section as the Secretary finds appro5 priate.

6 SEC. 204. EVALUATIONS, INDIVIDUALIZED EDUCATION

7 PROGRAMS, AND EDUCATIONAL PLACE8 MENTS.

9 Section 614 (20 U.S.C. 1414) is amended to read as

10 follows:

11 ‘‘SEC. 614. EVALUATIONS, INDIVIDUALIZED EDUCATION

12 PROGRAMS, AND EDUCATIONAL PLACE13 MENTS.

14 ‘‘(a) IN GENERAL.—

15 ‘‘(1) INITIAL EVALUATIONS.—

16 ‘‘(A) IN GENERAL.—A local educational

17 agency shall conduct a comprehensive initial

18 evaluation, in accordance with this paragraph

19 and subsections (b) and (c), before the initial

20 provision of special education and related serv21 ices to a child with a disability.

22 ‘‘(B) PROCEDURES.—An initial evaluation

23 shall include procedures to—
106

•S 1578 RS

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

2 child with a disability as defined in section

3 602(a)(4); and

4 ‘‘(ii) determine the educational needs

5 of the child.

6 ‘‘(C) PARENTAL CONSENT.—

7 ‘‘(i) IN GENERAL.—A local edu8 cational agency proposing to conduct an

9 initial evaluation to determine if a child

10 qualifies as a child with a disability as de11 fined in section 602(a)(4) shall, prior to

12 the conduct of such evaluation, obtain in13 formed consent from the parents of the

14 child.

15 ‘‘(ii) REFUSAL.—If the parents of

16 such child refuse to consent to an evalua17 tion described in clause (i), a local edu18 cational agency may continue to pursue the

19 evaluation by utilizing the mediation proce20 dures under section 615(e) and due proc21 ess procedures under section 615(f).

22 ‘‘(2) REEVALUATIONS.—

23 ‘‘(A) IN GENERAL.—A local educational

24 agency shall ensure that a reevaluation of each

25 child with a disability is conducted—
107

•S 1578 RS

1 ‘‘(i) whenever the child’s parents or

2 teacher, other school personnel, or other

3 appropriate individuals, request the re4 evaluation; and

5 ‘‘(ii) a natural transition point for the

6 child following the child’s initial evaluation

7 described under paragraph (1).

8 ‘‘(B) DEFINITION.—For the purpose of

9 subparagraph (A), the term ‘natural transition

10 point’ means the period that is close in time to

11 the transition of a child with a disability—

12 ‘‘(ii) from preschool to elementary

13 grades;

14 ‘‘(iii) from elementary grades to mid15 dle or junior high school grades;

16 ‘‘(iv) from middle or junior high

17 school grades to high school grades (at

18 least every 3 years); and

19 ‘‘(v) from high school grades to

20 postschool activities.

21 ‘‘(C) CONDUCT OF REEVALUATION.—Each

22 reevaluation shall be conducted in accordance

23 with subsections (b) and (c).

24 ‘‘(b) EVALUATION PROCEDURES.—
108

•S 1578 RS

1 ‘‘(1) IN GENERAL.—The local educational agen2 cy shall provide notice to the parents of a child with

3 a disability, in accordance with section 615 (b)(3),

4 (b)(4), and (c), that describes any evaluation proce5 dures the local educational agency proposes to con6 duct.

7 ‘‘(2) METHOD OF EVALUATION.—In conducting

8 the evaluation, the local educational agency shall—

9 ‘‘(A) use—

10 ‘‘(i) a variety of evaluation tools and

11 strategies to gather relevant functional and

12 developmental information (including eval13 uations and information provided by the

14 child’s parents) that may assist in deter15 mining whether the child is a child with a

16 disability; and

17 ‘‘(ii) the content of the individualized

18 education program of the child, including

19 information related to enabling the child to

20 participate and achieve in the general cur21 riculum or, for a child who is in preschool,

22 in developmentally appropriate activities;

23 and

24 ‘‘(B) not use any single procedure as the

25 sole criterion for determining—
109

•S 1578 RS

1 ‘‘(i) whether a child is a child with a

2 disability; or

3 ‘‘(ii) an appropriate educational pro4 gram for the child.

5 ‘‘(3) EVALUATION TESTS AND MATERIALS.—

6 Each local educational agency shall ensure that—

7 ‘‘(A) tests and other evaluation materials

8 used to assess a child under this section are—

9 ‘‘(i) selected and administered so as

10 not to be racially or culturally discrimina11 tory;

12 ‘‘(ii) provided and administered in the

13 native language of the child or other mode

14 of communication unless it is clearly not

15 feasible to do so; and

16 ‘‘(iii) consistent with generally accept17 ed professional standards for assessments;

18 ‘‘(B) any standardized tests that are given

19 to the child—

20 ‘‘(i) have been validated for the spe21 cific purpose for which the tests are used;

22 ‘‘(ii) are administered by trained per23 sonnel; and
110

•S 1578 RS

1 ‘‘(iii) are administered in accordance

2 with any instructions provided by the pro3 ducer of the tests.

4 ‘‘(4) SPECIAL RULE ON TESTS.—Tests shall

5 provide relevant information that directly assists

6 persons involved in providing services to a child with

7 a disability in determining the educational needs of

8 the child, including information with respect to in9 structional strategies and content that should be re10 flected in the individualized education program of

11 such child.

12 ‘‘(c) ADDITIONAL REQUIREMENTS FOR EVALUA13 TIONS AND REEVALUATIONS.—

14 ‘‘(1) REVIEW OF EXISTING EVALUATION

15 DATA.—As part of an initial evaluation (if appro16 priate) and as part of any reevaluation under this

17 section, the following tasks shall be carried out:

18 ‘‘(A) A review of existing evaluation data

19 on the child, including evaluations and informa20 tion provided by the parents of the child, and

21 current classroom-based assessments and teach22 er observation.

23 ‘‘(B) On the basis of the review, the pro24 fessional judgment of appropriate individuals,

25 and the input from the parents of the child, an
111

•S 1578 RS

1 identification of what additional data, if any,

2 are needed to determine the following:

3 ‘‘(i) Whether the child has a particu4 lar category of disability, as described in

5 section 602(a)(4)(A)(i), or, in the case of

6 a reevaluation of a child, whether the child

7 continues to have such a disability.

8 ‘‘(ii) The present levels of perform9 ance and educational needs of the child.

10 ‘‘(iii) Whether the child needs special

11 education and related services, or in the

12 case of a reevaluation of a child, whether

13 the child continues to need special edu14 cation and related services.

15 ‘‘(iv) Whether any additions or modi16 fications to the special education and relat17 ed services are needed to enable the child

18 to meet the objectives set out in the indi19 vidualized education program of the child

20 and to participate, as appropriate, in the

21 general curriculum.

22 ‘‘(2) SOURCE OF DATA.—The local educational

23 agency shall administer such tests and other evalua24 tion materials as may be needed to produce the data

25 identified under paragraph (1)(B).
112

•S 1578 RS

1 ‘‘(3) ADDITIONAL DATA.—If it is determined by

2 appropriate individuals based on their professional

3 judgment, that no additional data are needed to de4 termine whether the child is or continues to be a

5 child with a disability, the local educational

6 agency—

7 ‘‘(A) shall notify the parents of the child

8 of—

9 ‘‘(i) the result of that determination

10 and the reasons for the determination; and

11 ‘‘(ii) the right of the parents to re12 quest an evaluation to determine whether

13 the child is or continues to be a child with

14 a disability; and

15 ‘‘(B) is not required to conduct the evalua16 tion described in clause (ii) of subparagraph

17 (A) unless requested by the parents.

18 ‘‘(d) INDIVIDUALIZED EDUCATION PROGRAMS.—

19 ‘‘(1) IEP TO BE IN EFFECT AT THE BEGINNING

20 OF EACH SCHOOL YEAR.—

21 ‘‘(A) IN GENERAL.—At the beginning of

22 each school year, each local educational agency

23 shall have in effect an individualized education

24 program for each child with a disability within

25 its jurisdiction.
113

•S 1578 RS

1 ‘‘(B) IEP FOR A CHILD AGED 3 THROUGH

2 5.—In the case of a child with a disability aged

3 3 through 5 (or, at the discretion of the State

4 educational agency, a 2-year-old child with dis5 abilities who will turn age 3 during the school

6 year), an IFSP that contains the material de7 scribed in section 677(d) and that is developed

8 in accordance with this section may serve as the

9 IEP of the child if using the plan as the IEP

10 is—

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

12 ‘‘(ii) agreed to by the agency and the

13 parents of the child.

14 ‘‘(2) IEP TEAM.—The IEP of each child shall

15 be developed in a meeting by a team (hereafter in

16 this section referred to as the ‘IEP team’), composed

17 of—

18 ‘‘(A) a representative of the local edu19 cational agency who is qualified to provide, or

20 supervise the provision of, specially designed in21 struction to meet the unique needs of children

22 with disabilities, and who is knowledgeable

23 about the general curriculum;

24 ‘‘(B) at least one special education pro25 vider who is knowledgeable about the disability
114

•S 1578 RS

1 of the child, including, if appropriate, the spe2 cial education teacher of the child;

3 ‘‘(C) to the extent practicable, at least one

4 regular education teacher who knows the child

5 or is familiar with the curriculum of the child,

6 if the child is, or may be, participating in the

7 regular education environment;

8 ‘‘(D) the parents of the child;

9 ‘‘(E) whenever appropriate, the child;

10 ‘‘(F) an individual who is capable of inter11 preting the instructional implications of evalua12 tion results; and

13 ‘‘(G) other individuals, at the discretion of

14 the parents or the agency, including, as appro15 priate, related services personnel who are or will

16 be working with the child.

17 The team member described in subparagraph (F)

18 may be an existing team member described in sub19 paragraphs (A) through (C), if the existing team

20 member is qualified to interpret the results described

21 in subparagraph (F).

22 ‘‘(3) DEVELOPMENT OF THE IEP.—

23 ‘‘(A) IN GENERAL.—In developing each

24 child’s IEP, the IEP team shall consider—–
115

•S 1578 RS

1 ‘‘(i) the strengths of the child and the

2 concerns of the parents for enhancing the

3 education of their child; and––

4 ‘‘(ii) the results of the initial evalua5 tion or most recent reevaluation of the

6 child.

7 ‘‘(B) CONSIDERATION OF SPECIAL FAC8 TORS.—As appropriate, the IEP team shall—

9 ‘‘(i) in the case of a child whose be10 havior impedes the learning of the child or

11 that of others, consider strategies, includ12 ing behavior management plans, to address

13 that behavior;––

14 ‘‘(ii) in the case of a child with limited

15 English proficiency, consider the language

16 needs of the child as the needs relate to

17 the child’s IEP;

18 ‘‘(iii) in the case of a child who is

19 blind or visually impaired, consider wheth20 er the child needs instruction in braille or

21 in the use of braille;––

22 ‘‘(iv) in the case of a child who is deaf

23 or hard of hearing, consider the commu24 nication needs of the child, including op-
116

•S 1578 RS

1 portunities to communicate directly with

2 other individuals;

3 ‘‘(v) in the case of a child with expres4 sive or receptive language deficits, consider

5 techniques to ensure that the child under6 stands what is being spoken; and

7 ‘‘(vi) in the case of a child with sen8 sory or motor communication, or physical

9 impairment, consider the provision of

10 assistive technology devices and services.

11 ‘‘(e) CONTENT OF IEP.—

12 ‘‘(1) IN GENERAL.—The IEP of each child with

13 a disability shall include the following:

14 ‘‘(A) PRESENT LEVELS OF EDUCATIONAL

15 PERFORMANCE.—A statement of the present

16 levels of educational performance of the child,

17 including how the disability of the child affects

18 the progress of the child in meeting the stand19 ards of the general curriculum (or, for a pre20 school child, as appropriate, how the disability

21 of the child affects the progress of the child in

22 developmentally appropriate activities related to

23 transition to kindergarten and elementary

24 school);
117

•S 1578 RS

1 ‘‘(B) MEASURABLE ANNUAL OBJEC2 TIVES.—A statement of measurable annual ob3 jectives related to meeting each of the edu4 cational needs of the child that result from the

5 disability of the child, including objectives relat6 ed to enabling the child to progress in meeting

7 the standards of the general curriculum at the

8 educationally appropriate level for the child.

9 ‘‘(C) SPECIAL EDUCATION AND RELATED

10 SERVICES.—A statement of the special edu11 cation and related services and supplementary

12 aids and services to be provided to the child and

13 any program modifications necessary for the

14 child to attain the annual objectives, to progress

15 in the general curriculum, to participate in

16 extra-curricular and nonacademic activities and

17 other educational activities, and to be educated

18 and participate with nondisabled children in the

19 activities described in this subparagraph.

20 ‘‘(D) EXTENT OF PARTICIPATION WITH

21 NONDISABLED CHILDREN.—An explanation of

22 the extent, if any, to which the child will not

23 participate with nondisabled children in the reg24 ular class and in the activities described in sub25 paragraph (C).
118

•S 1578 RS

1 ‘‘(E) PARTICIPATION IN GENERAL ASSESS2 MENTS.—

3 ‘‘(i) MODIFICATIONS.—A statement of

4 any modifications in the administration of

5 State or districtwide assessments that are

6 needed in order for the child to participate

7 in the assessments.

8 ‘‘(ii) NONPARTICIPATION.—If a child

9 will not participate in a particular State or

10 districtwide assessment (or part of such

11 assessment), a statement of why the as12 sessment is not appropriate for the child

13 and how the child will be assessed.

14 ‘‘(F) PROJECTED DATES, FREQUENCY,

15 AND DURATION OF SERVICES.—The projected

16 date for the beginning of the services and pro17 gram modifications described in subparagraph

18 (C), and the anticipated frequency and duration

19 of such services and modifications.

20 ‘‘(G) INFORMATION ABOUT THE CHILD’S

21 PROGRESS.—A statement of how the progress

22 of the child toward the measurable annual ob23 jectives will be measured and how the parents

24 of the child will be regularly informed of the
119

•S 1578 RS

1 child’s progress, in accordance with subsection

2 (f).

3 ‘‘(2) ADDITIONAL IEP REQUIREMENTS FOR A

4 CHILD WITH A DISABILITY WHO IS OF SECONDARY

5 SCHOOL AGE.—The IEP for each student who is a

6 child with a disability and who is of secondary school

7 age (hereafter in this section referred to as the ‘stu8 dent’) shall include additional information related to

9 transition services and the transfer of rights at the

10 age of majority, as described in subparagraphs (A)

11 through (C).

12 ‘‘(A) ADDRESSING THE STUDENT’S TRAN13 SITION NEEDS.—For a student aged 14

14 through 21 (or younger than age 14 if deter15 mined appropriate by the IEP team), the tran16 sition services needs of the student shall be con17 sidered and, as appropriate, addressed under

18 the applicable components of the student’s IEP

19 described in paragraph (1) relating to present

20 levels of educational performance, measurable

21 annual objectives, special education and related

22 services, and other applicable components.

23 ‘‘(B) STATEMENT OF TRANSITION SERV24 ICES AND SUPPORTS.—
120

•S 1578 RS

1 ‘‘(i) IN GENERAL.—In meeting the re2 quirements of subparagraph (A), the IEP

3 team shall give consideration to the stu4 dent’s participation in the general edu5 cation curriculum (such as participation in

6 advanced-placement courses or a vocational

7 education or school-to-work program, or

8 independent living skills training, which

9 lead to successful transition from second10 ary school to postschool adult environ11 ments).

12 ‘‘(ii) TRANSITION SERVICES STATE13 MENT.—Beginning no later than age 16,

14 the student’s IEP shall include a state15 ment of needed transition services as de16 fined in subsection (i) including, when ap17 propriate, a statement of the interagency

18 responsibilities and needed linkages among

19 agencies to ensure delivery of services be20 fore the student leaves the school setting.

21 ‘‘(C) TRANSFER OF RIGHTS AT THE AGE

22 OF MAJORITY.—Beginning at least 1 year be23 fore the student reaches the age of majority

24 under State law, the IEP shall include a state25 ment about the rights under this Act, if any,
121

•S 1578 RS

1 that will transfer to the student on reaching the

2 age of majority under section 615(j).

3 ‘‘(f) REPORTING EACH CHILD’S PROGRESS TOWARD

4 OBJECTIVES.—The local educational agency shall ensure

5 that—

6 ‘‘(1) the parents of each child with a disability

7 are regularly informed of the progress of the child,

8 toward the measurable annual objectives, and the ex9 tent to which such progress is sufficient to enable

10 the child to achieve the objectives by the end of the

11 school year; and

12 ‘‘(2) in implementing the requirement in para13 graph (1), the parents are informed (by periodic re14 port cards or other appropriate means) at least as

15 often as parents of nondisabled children are in16 formed of the progress of their nondisabled children.

17 ‘‘(g) REVIEW AND REVISION OF IEP.—The local edu18 cational agency shall ensure that the IEP team for each

19 child—

20 ‘‘(1) reviews the child’s IEP periodically, but

21 not less than annually, to determine whether the an22 nual objectives for the child are being achieved; and

23 ‘‘(2) revises the IEP, as appropriate, to ad24 dress—
122

•S 1578 RS

1 ‘‘(A) continued progress in, or any lack of

2 expected progress toward, achieving the annual

3 objectives and in the general curriculum, where

4 appropriate;

5 ‘‘(B) the results of any reevaluation con6 ducted under this section;

7 ‘‘(C) information about the child provided

8 to the parents under subsection (f);

9 ‘‘(D) the anticipated needs of the child; or

10 ‘‘(E) other matters, as appropriate.

11 ‘‘(h) FAILURE TO MEET TRANSITION OBJEC12 TIVES.—If an entity (other than the local educational

13 agency) involved in planning or providing transition serv14 ices to a child with a disability fails to provide the transi15 tion services described in the IEP in accordance with sub16 section (e)(2)(A), the local educational agency shall recon17 vene the IEP team to identify alternative strategies to

18 meet the transition objectives for the student set forth in

19 the IEP.

20 ‘‘(i) DEFINITION OF TRANSITION SERVICES.—For

21 the purpose of this section, the term ‘transition services’

22 means a coordinated set of activities for a student, de23 signed within an outcome-oriented process, which pro24 motes movement from school to postschool activities, in25 cluding postsecondary education, vocational training, inte-
123

•S 1578 RS

1 grated employment (including supported employment),

2 continuing and adult education, adult services, independ3 ent living, or community participation. The coordinated

4 set of activities shall be based upon the individual needs

5 of the student, taking into account the preferences and

6 interests of the student, and shall include instruction,

7 community experiences, the development of employment

8 and other postschool adult living objectives, and, when ap9 propriate, acquisition of daily living skills and functional

10 vocational evaluation.’’.

11 ‘‘(j) CONSTRUCTION CLAUSE.—Nothing in this sec12 tion shall be construed to require the IEP team to include

13 information under one component of a child’s IEP that

14 is already contained under another component of such

15 IEP.

16 ‘‘(k) PLACEMENTS.—Each local educational agency

17 shall ensure that the parents of each child with a disability

18 are members of any group that makes decisions on the

19 educational placement of their child.

20 SEC. 205. CHAPTER 1 STATE AGENCIES.

21 Section 614A (20 U.S.C. 1414a) is repealed.

22 SEC. 206. PROCEDURAL SAFEGUARDS.

23 (a) PROCEDURES.—Section 615(a) (20 U.S.C.

24 1415(a)) is amended—
124

•S 1578 RS

1 (1) by striking ‘‘Any State educational agency,

2 any local educational agency, and any intermediate

3 educational unit which’’ and inserting ‘‘Any State

4 educational agency or local educational agency

5 that’’;

6 (2) by striking ‘‘subsection (b) through sub7 section (e) of’’;

8 (3) by striking ‘‘or guardians’’; and

9 (4) by striking ‘‘and units’’.

10 (b) TYPES OF PROCEDURES.—Section 615(b) (20

11 U.S.C. 1415(b) is amended—

12 (1) by striking paragraph (2);

13 (2) in paragraph (1)—

14 (A) in subparagraph (A), by striking ‘‘(A)

15 an opportunity for the parents or guardian’’

16 and inserting ‘‘(1) an opportunity for the par17 ents’’;

18 (B) in subparagraph (B)—

19 (i) by striking ‘‘(B) procedures’’ and

20 inserting ‘‘(2) procedures’’;

21 (ii) by striking ‘‘or guardian’’ each

22 place it appears; and

23 (iii) by striking ‘‘local educational

24 agency, or intermediate educational unit’’
125

•S 1578 RS

1 and inserting ‘‘the local educational agen2 cy, or any other agency that is’’;

3 (C) in subparagraph (C)—

4 (i) by striking ‘‘(C) written prior no5 tice to the parents or guardian of the child

6 whenever such agency or unit’’ and insert7 ing ‘‘(3) written prior notice in accordance

8 with subsection (c) to the parents of the

9 child whenever such agency’’;

10 (ii) by striking ‘‘(i) proposes’’ and in11 serting ‘‘(A) proposes’’;

12 (iii) by striking ‘‘(ii) refuses’’ and in13 serting ‘‘(B) refuses’’; and

14 (iv) by striking ‘‘public education to

15 the child’’ and inserting ‘‘public education

16 to the child, in accordance with subsection

17 (c)’’;

18 (D) in subparagraph (D), to read as fol19 lows:

20 ‘‘(4) procedures designed to ensure that the no21 tice required by paragraph (3) is provided in the na22 tive language of the parents or other mode of com23 munication used by the parents, unless it clearly is

24 not feasible to do so;’’;
126

•S 1578 RS

1 (E) in subparagraph (E), by striking ‘‘(E)

2 an opportunity’’ and inserting ‘‘(6) an oppor3 tunity’’; and

4 (F) by inserting after paragraph (4) (as so

5 redesignated by subparagraph (D)) the follow6 ing new paragraph:

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

8 with subsection (e); and’’; and

9 (3) by striking ‘‘(b)(1) The’’ and inserting ‘‘(b)

10 The’’.

11 (c) OTHER PROVISIONS OF SECTION 615.—Section

12 615 (20 U.S.C. 1415) is amended—

13 (1) in subsection (c)—

14 (A) by striking ‘‘paragraph (2) of sub15 section (b)’’ and inserting ‘‘subsection (f)’’; and

16 (B) by striking ‘‘or an intermediate edu17 cational unit’’;

18 (2) in subsection (d), by striking ‘‘subsections

19 (b) and (c)’’ and inserting ‘‘subsections (f) and (g)’’;

20 (3) in subsection (e)—

21 (A) in paragraph (1), by striking ‘‘para22 graph (2) of subsection (b)’’ and inserting

23 ‘‘subsection (f)’’;
127

•S 1578 RS

1 (B) in paragraph (2), by striking ‘‘decision

2 made under subsection (b)’’ and inserting ‘‘de3 cision made under subsection (f)’’;

4 (C) by striking ‘‘subsection (c)’’ each place

5 it appears and inserting ‘‘subsection (g)’’;

6 (D) in paragraph (3)—

7 (i) by striking ‘‘or guardian’’ each

8 place it appears; and

9 (ii) by striking ‘‘section 602(a)(20)’’

10 and inserting ‘‘section 602(a)(15);

11 (E) in paragraph (4)—

12 (i) in subparagraph (B), by striking

13 ‘‘or guardian’’;

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

15 ‘‘For the purpose of this subsection, fees’’

16 and inserting ‘‘Fees’’;

17 (iii) in subparagraph (D)—

18 (I) by striking ‘‘No award of at19 torneys’ fees and related costs may be

20 made’’ and inserting ‘‘Except as pro21 vided in subparagraph (E), attorneys’

22 fees may not be awarded and related

23 costs may not be reimbursed’’; and

24 (II) by striking ‘‘or guardian’’

25 each place it appears;
128

•S 1578 RS

1 (iv) in subparagraph (E)—

2 (I) by striking ‘‘Notwithstanding

3 the provisions of subparagraph (D)’’

4 and inserting ‘‘Notwithstanding sub5 paragraph (D)’’; and

6 (II) by striking ‘‘or guardian’’;

7 (v) in subparagraph (F)—

8 (I) by striking ‘‘(F) Whenever’’

9 and inserting ‘‘(F) Except as provided

10 in subparagraph (G), whenever’’; and

11 (II) by striking ‘‘or guardian’’;

12 (vi) in subparagraph (G), by striking

13 ‘‘or there was a violation of section 615 of

14 this Act’’; and

15 (vii) by adding at the end thereof the

16 following new subparagraphs:

17 ‘‘(H) For the purpose of this section, the determina18 tion of whether a party is a prevailing party under this

19 section shall be made in accordance with the law estab20 lished by the Supreme Court in Hensley v. Eckerhart, 461

21 U.S. 424 (1983).

22 ‘‘(I) For the purpose of this section, an IEP meeting

23 shall not, in and of itself, be deemed to be a proceeding

24 triggering the awarding of attorneys’ fees.’’;
129

•S 1578 RS

1 (4) by redesignating subsections (c) through (e)

2 as subsections (g) through (i), respectively;

3 (5) redesignating subsection (f) as subsection

4 (k);

5 (6) by inserting after subsection (b) the follow6 ing new subsections:

7 ‘‘(c)(1) The notice required by subsection (b)(3) with

8 respect to the proposal or refusal to initiate or change the

9 identification, evaluation, or educational placement of a

10 child described in such subsection or the provision of a

11 free appropriate public education to such child shall—

12 ‘‘(A) include—

13 ‘‘(i) a description of the action proposed or

14 refused by the agency;

15 ‘‘(ii) an explanation of why the agency pro16 poses or refuses to take the action; and

17 ‘‘(iii) a description of any other options

18 that the agency considered and the reasons why

19 the options were not chosen;

20 ‘‘(B) describe each evaluation procedure, test,

21 record, or report that the agency used as a basis for

22 the proposed or refused action;

23 ‘‘(C) describe any other factors that are rel24 evant to the proposal or refusal of the agency;
130

•S 1578 RS

1 ‘‘(D) include a full explanation of the proce2 dural safeguards available under this section, and

3 under the regulations of the Secretary, relating to

4 independent educational evaluations, notice, parental

5 consent, mediation, and the placement of the child

6 during the pendency of due process proceedings;

7 ‘‘(E) include at least a brief summary of the

8 procedural safeguards under this section relating to

9 due process hearings, State-level appeals (if applica10 ble in that State), civil actions, and attorneys’ fees;

11 ‘‘(F) include a statement that the agency will

12 provide a full explanation of the procedural safe13 guards available to parents under this section, and

14 under the regulations of the Secretary, relating to—

15 ‘‘(i) access to educational records, when16 ever requested by the parents; and

17 ‘‘(ii) the hearings, appeals, actions, and

18 fees described in subparagraph (E) whenever

19 the parents request such explanation or file a

20 complaint under subsection (b)(6); and

21 ‘‘(G) include the name, address, and telephone

22 number of the Parent Information and Training

23 Center in the State and other resources in the State

24 that will assist a parent understand protections and

25 opportunities under this part.
131

•S 1578 RS

1 ‘‘(2) Each State educational agency and each local

2 educational agency that receives assistance under this part

3 shall provide the explanation described in paragraph

4 (1)(F) in the cases described in such paragraph.

5 ‘‘(d)(1) The parents of a child with a disability or

6 a suspected disability shall provide to the local educational

7 agency written notice of their intention to file a complaint

8 under subsection (b)(6) regarding the identification, eval9 uation, or educational placement of the child or the provi10 sion of a free appropriate public education to the child,

11 10 calendar days prior to the date of the filing of the com12 plaint if—

13 ‘‘(A) the parents have new information regard14 ing the identification, evaluation, or educational

15 placement of the child or the provision of a free ap16 propriate public education to the child; or

17 ‘‘(B) the parents are initiating a complaint

18 about the identification, evaluation, or educational

19 placement of the child or the provision of a free ap20 propriate public education to the child and the par21 ents have signed the most recent IEP of the child.

22 ‘‘(2) Prior to filing a complaint, if the parents have

23 new information regarding the identification, evaluation,

24 or educational placement of the child or the provision of

25 a free appropriate public education to the child, the par-
132

•S 1578 RS

1 ents shall provide the information to the local educational

2 agency along with the notice of their intent to file a com3 plaint.

4 ‘‘(3) If the parents were duly informed by the local

5 educational agency with respect to their obligation to file

6 a notice of intention to file a complaint under this sub7 section and the parents fail to provide such notice, the

8 timeline for a final decision on the complaint shall be ex9 tended by 10 calendar days.

10 ‘‘(e)(1) Each State educational agency shall ensure

11 that procedures are established and implemented to allow

12 parties to disputes involving matters described in sub13 section (b)(6) to resolve such disputes through mediation.

14 ‘‘(2)(A) The procedures described in paragraph (1)

15 shall ensure—

16 ‘‘(i) that whenever a hearing is requested on

17 any matter in dispute under subsection (b)(6), the

18 parents are offered an opportunity for mediation to

19 resolve the dispute; and

20 ‘‘(ii) that mediation—

21 ‘‘(I) is voluntary on the part of the parents

22 and may be waived by the parents at any time

23 during such process;

24 ‘‘(II) is not used to deny a parent to the

25 right of a, or delay access by a parent to, due
133

•S 1578 RS

1 process hearings under subsection (f) or to deny

2 the parents any other rights afforded under this

3 part; and

4 ‘‘(III) is conducted by a qualified and im5 partial mediator who is not an employee of a

6 local educational agency or State agency de7 scribed in section 613(i) that is involved in the

8 education or care of the child or who is not a

9 person having a personal or professional conflict

10 of interest;

11 ‘‘(iii) that mediators are appointed from the list

12 described in subparagraph (B)(i);

13 ‘‘(iv) that whenever a mediator is not selected

14 on a random basis, both the parents and the local

15 educational agency are involved in selecting the me16 diator and are in agreement with the individual who

17 is selected;

18 ‘‘(v) that each session in the mediation process

19 shall be scheduled in a timely manner and shall be

20 held in a location that is convenient and accessible

21 to the parties to the dispute;

22 ‘‘(vi) that no statements made by either party

23 during the mediation under this subsection shall be

24 offered or used as evidence in any hearing, review of
134

•S 1578 RS

1 a hearing decision, or civil action under this section;

2 and

3 ‘‘(vii) that an agreement reached by the parties

4 to the dispute in the mediation process shall be set

5 forth in a written mediation agreement.

6 ‘‘(B)(i) Each State educational agency shall compile

7 and maintain a list of individuals who are—

8 ‘‘(I) trained in mediation; and

9 ‘‘(II) knowledgeable about the educational

10 needs of children with disabilities and applicable

11 statutes and regulations relating to the educational

12 rights of such children, including the requirements

13 of this part and the regulations of the Secretary

14 under this part.

15 ‘‘(ii) The State educational agency shall ensure that

16 mediation will be provided to parents at no cost.

17 ‘‘(3) If a State has on file with the Secretary docu18 mentation that the State has an established mediation

19 process that is comparable to the mediation process de20 scribed in this subsection, the mediation process of the

21 State shall be considered to be in compliance with this

22 subsection. Within 4 years after the date of enactment of

23 the Individuals with Disabilities Education Act Amend24 ments of 1996, such State shall establish a mediation
135

•S 1578 RS

1 process program that complies with the requirements of

2 this subsection.

3 ‘‘(4) Nothing in this part shall prohibit employees or

4 former employees of a State educational agency from serv5 ing as mediators in resolving disputes about any matter

6 described in subsection (b)(6), unless the dispute directly

7 involves such agency.

8 ‘‘(f) Whenever a complaint has been received under

9 subsection (b)(6), the parents shall have an opportunity

10 for an impartial due process hearing that shall be con11 ducted by the State educational agency or by the local edu12 cational agency, as determined by State law or by the

13 State educational agency. No hearing conducted pursuant

14 to the requirements of this subsection shall be conducted

15 by an employee of such agency involved in the education

16 or care of the child.’’; and

17 (7) by inserting after subsection (i) (as so re18 designated by paragraph (4)) the following new sub19 section:

20 ‘‘(j)(1) Subject to the provisions of paragraph (2),

21 any State that receives funds under this part may provide

22 that, when a student with a disability reaches the age of

23 majority under State law—
136

•S 1578 RS

1 ‘‘(A) the public agency shall provide any notice

2 required by this section to both the individual and

3 the parents;

4 ‘‘(B) all other rights accorded to parents under

5 this part transfer to the child; and

6 ‘‘(C) the agency shall notify the individual and

7 the parents of the transfer of rights.

8 ‘‘(2)(A) If, under State law, a student described in

9 paragraph (1) is determined to not have the ability to pro10 vide informed consent with respect to the educational pro11 gram of the student, the State shall have in effect proce12 dures for appointing the parent or other individual to rep13 resent the educational interests of the student throughout

14 the student’s eligibility under this part.

15 SEC. 207. WITHHOLDING AND JUDICIAL REVIEW.

16 Section 616 (20 U.S.C. 1416) is amended to read as

17 follows:

18 ‘‘SEC. 616. WITHHOLDING AND JUDICIAL REVIEW.

19 ‘‘(a) WITHHOLDING.—

20 ‘‘(1) IN GENERAL.—Whenever the Secretary,

21 after reasonable notice and opportunity for hearing

22 to the State educational agency involved (and to any

23 local educational agency or State agency affected by

24 any failure described in subparagraph (B)), finds—
137

•S 1578 RS

1 ‘‘(A) that there has been a failure by the

2 State to comply substantially with any provision

3 of this part; or

4 ‘‘(B) that there is a failure to comply with

5 any condition of a local educational agency’s eli6 gibility or State agency’s eligibility under this

7 part,

8 the Secretary shall, after notifying the State edu9 cational agency, withhold any further payments to

10 the State under this part.

11 ‘‘(2) LIMITATIONS.—If the Secretary withholds

12 further payments under paragraph (1), the Sec13 retary may determine that such withholding will be

14 limited to programs or projects, or portions thereof,

15 affected by the failure, or that the State educational

16 agency shall not make further payments under this

17 part to specified local educational agencies or State

18 agencies affected by the failure. Until the Secretary

19 is satisfied that there is no longer any failure to

20 comply with the provisions of this part, as specified

21 in subparagraph (A) or (B) of paragraph (1), no

22 further payments shall be made to the State under

23 this part or payments by the State educational agen24 cy under this part shall be limited to local edu25 cational agencies whose actions did not cause or
138

•S 1578 RS

1 were not involved in the failure, as the case may be.

2 Any State educational agency or local educational

3 agency in receipt of a notice pursuant to paragraph

4 (1) shall, by means of a public notice, take such

5 measures as may be necessary to bring the pendency

6 of an action pursuant to this subsection to the atten7 tion of the public within the jurisdiction of such

8 agency.

9 ‘‘(b) APPEALS OF ELIGIBILITY DETERMINATIONS.—

10 ‘‘(1) PETITION.—If any State is dissatisfied

11 with the Secretary’s final action with respect to the

12 eligibility of such State under section 612, such

13 State may, within 60 days after notice of such ac14 tion, file with the United States court of appeals for

15 the circuit in which such State is located a petition

16 for review of that action. A copy of the petition shall

17 be forthwith transmitted by the clerk of the court to

18 the Secretary. The Secretary thereupon shall file in

19 the court the record of the proceedings upon which

20 the Secretary’s action was based, as provided in sec21 tion 2112 of title 28, United States Code.

22 ‘‘(2) FINDINGS.—The findings of fact by the

23 Secretary, if supported by substantial evidence, shall

24 be conclusive, but the court, for good cause shown,

25 may remand the case to the Secretary to take fur-
139

•S 1578 RS

1 ther evidence, and the Secretary may thereupon

2 make new or modified findings of fact and may mod3 ify the previous action of the Secretary, and shall

4 file in the court the record of the further proceed5 ings. Such new or modified findings of fact shall be

6 conclusive if supported by substantial evidence.

7 ‘‘(3) COURT’S JUDGMENT.—Upon the filing of

8 such petition, the court shall have jurisdiction to af9 firm the action of the Secretary or to set such action

10 aside, in whole or in part. The judgment of the court

11 shall be subject to review by the Supreme Court of

12 the United States upon certiorari or certification as

13 provided in section 1254 of title 28, United States

14 Code.’’.

15 SEC. 208. ADMINISTRATION.

16 Section 617 (21 U.S.C. 1417) is amended to read as

17 follows:

18 ‘‘SEC. 617. ADMINISTRATION.

19 ‘‘(a) SECRETARY’S RESPONSIBILITIES.—In carrying

20 out this part, the Secretary shall—

21 ‘‘(1) cooperate with, and (directly or through

22 grant or contract) provide the technical assistance

23 necessary to, the State in matters relating to—

24 ‘‘(A) the education of children with disabil25 ities;
140

•S 1578 RS

1 ‘‘(B) carrying out the requirements of this

2 part;

3 ‘‘(2) provide short-term training programs and

4 institutes; and

5 ‘‘(3) disseminate information about, and other6 wise promote, the education of all children with dis7 abilities within the States.

8 ‘‘(b) RULES AND REGULATIONS.—In carrying out

9 the provisions of this part, the Secretary shall, not later

10 than January 1, 1977, issue, amend, and revoke such

11 rules and regulations as may be necessary. No other less

12 formal method of implementing such provisions is author13 ized.

14 ‘‘(c) CONFIDENTIALITY.—The Secretary shall take

15 appropriate action, in accordance with the provisions of

16 section 444 of the General Education Provisions Act (20

17 U.S.C. 1232g), to ensure the protection of the confiden18 tiality of any personally identifiable data, information, and

19 records collected or maintained by the Secretary and by

20 State and local educational agencies pursuant to the provi21 sions of this part.

22 ‘‘(d) PERSONNEL.—The Secretary is authorized to

23 hire qualified personnel necessary to conduct data collec24 tion and evaluation activities authorized by section 618,

25 without regard to the provisions of title 5, United States
141

•S 1578 RS

1 Code, relating to appointments in the competitive service

2 and without regard to chapter 51 and subchapter III of

3 chapter 53 of such title relating to classification and gen4 eral schedule pay rates except that no more than 20 such

5 personnel shall be employed at any time.

6 ‘‘(e) POLICY LETTERS AND STATEMENTS.—The Sec7 retary may not, through policy letters or other statements,

8 establish a new rule that is required for compliance with

9 and eligibility under this part without following the re10 quirements of section 553 of title 5, United States Code.

11 ‘‘(f) INTERPRETATIONS BY THE DEPARTMENT OF

12 EDUCATION.—

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

14 quarterly basis, publish in the Federal Register, and

15 widely disseminate to interested entities through var16 ious additional forms of communication, a list of

17 correspondence from the Department of Education

18 received by persons during the previous quarter that

19 describes the interpretations of the Department of

20 Education of this part or the regulations imple21 mented pursuant to this part.

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

23 item of correspondence published in a list under

24 paragraph (1), the Secretary shall identify the topic

25 addressed by the correspondence and shall include
142

•S 1578 RS

1 such other summary information as the Secretary

2 finds appropriate.’’.

3 SEC. 209. EVALUATION AND PROGRAM INFORMATION.

4 (a) IN GENERAL.—Section 618 (20 U.S.C. 1418) is

5 amended to read as follows:

6 ‘‘SEC. 618. EVALUATION AND PROGRAM INFORMATION.

7 ‘‘(a) PROGRAM INFORMATION.—Each State that re8 ceives assistance under this part, and the Secretary of the

9 Interior, shall provide data each year to the Secretary—

10 ‘‘(1)(A) on the number of children with disabil11 ities—

12 ‘‘(i) who are receiving a free appropriate

13 public education;

14 ‘‘(ii) who are receiving early intervention

15 services;

16 ‘‘(iii) who are participating in regular edu17 cation;

18 ‘‘(iv) who are in separate classes, separate

19 schools or facilities, or public or private residen20 tial facilities;

21 ‘‘(v) for each year of age from 14 through

22 21, who, because of program completion or for

23 other reasons, stopped receiving special edu24 cation and related services; and
143

•S 1578 RS

1 ‘‘(vi) from birth through age 2, who, be2 cause of program completion or for other rea3 sons, stopped receiving early intervention serv4 ices; and

5 ‘‘(B) on the number of infants and toddlers who

6 are at risk of having substantial developmental

7 delays (as described in section 672) and who are re8 ceiving early intervention services under part H; and

9 ‘‘(2) any other information as may be required

10 by the Secretary.

11 ‘‘(b) STUDIES EVALUATIONS, AND NATIONAL AS12 SESSMENTS.—The Secretary shall assess the progress in

13 the implementation of this Act through the studies and

14 evaluations, and assessment described in paragraphs (1)

15 and (2).

16 ‘‘(1) STUDIES AND EVALUATIONS.—In carrying

17 out the studies and evaluations required by this sec18 tion, the Secretary shall, directly or through grant,

19 contract, or cooperative agreement, conduct studies

20 and evaluations necessary to—

21 ‘‘(A) assess, through quantitative and

22 qualitative data and reporting modes, the effec23 tiveness of State and local efforts to—

24 ‘‘(i) provide a free appropriate public

25 education to children with disabilities;
144

•S 1578 RS

1 ‘‘(ii) provide early intervention serv2 ices to infants and toddlers with disabil3 ities and infants and toddlers at risk for

4 developmental delay;

5 ‘‘(B) assess the placement of children with

6 disabilities by disability category; and

7 ‘‘(C) analyze measurable impact, outcomes,

8 and results achieved by the State educational

9 agencies and local educational agencies through

10 the systems change activities of such agencies

11 to reform policies, procedures, and practices de12 signed to improve the educational and transi13 tional services and results for children with dis14 abilities.

15 ‘‘(2) NATIONAL ASSESSMENT.—The Secretary

16 shall, directly or through grants, contracts, or coop17 erative agreements, conduct studies, investigations,

18 and evaluations that shall measure the educational

19 and transitional services and results of children with

20 disabilities under this Act. Such grants, contracts, or

21 cooperative agreements shall include—

22 ‘‘(A) the conduct of a 5-year longitudinal

23 study or studies (utilizing both quantitative and

24 qualitative data and reporting modes) that ex25 amines—
145

•S 1578 RS

1 ‘‘(i) the educational and transitional

2 services and results for children with dis3 abilities aged 3 through 17, who are receiv4 ing special education and related services

5 under this Act, using a national, represent6 ative sample of distinct age cohorts and

7 disability categories; and

8 ‘‘(ii) the educational results, post9 secondary placement, and employment sta10 tus of individuals with disabilities, aged 18

11 through 21, who are receiving or have re12 ceived special education and related serv13 ices under this Act;

14 ‘‘(B) the annual collection of data (begin15 ning on October 1, 1998 and every year there16 after) on the number of children with disabil17 ities suspended, expelled, and subject to other

18 disciplinary actions, including data

19 disaggregated by age, sex, race, socio-economic

20 status, disability category, and category of be21 havior subject to disciplinary action;

22 ‘‘(C) an analysis of State and local needs

23 for professional development, parent training,

24 and other appropriate activities regarding dis-
146

•S 1578 RS

1 ciplinary actions involving children with disabil2 ities; and

3 ‘‘(D) an assessment of the educational and

4 transitional services and results for children

5 with disabilities from unserved and underserved

6 populations, including—

7 ‘‘(i) data on the number of children

8 from unserved and underserved popu9 lations who—

10 ‘‘(I) are referred for special edu11 cation evaluation;

12 ‘‘(II) are receiving special edu13 cation and related services; and

14 ‘‘(III) graduated from secondary

15 and post secondary education pro16 grams; and

17 ‘‘(ii) the performance of children with

18 disabilities from unserved and underserved

19 populations on State assessments and

20 other performance indicators established

21 for all students.

22 ‘‘(c) ANNUAL REPORT.—Not later than 120 days

23 after the expiration of each fiscal year, the Secretary shall

24 prepare and submit to Congress a report that includes—
147

•S 1578 RS

1 ‘‘(1) an analysis and summary of the data re2 ported by the States and the Secretary of the Inte3 rior under subsection (a);

4 ‘‘(2) the results of activities conducted under

5 subsection (b);

6 ‘‘(3) the findings and determinations resulting

7 from reviews of States with respect to the implemen8 tation of this Act; and

9 ‘‘(4) recommendations with respect to the im10 plementation of this Act to improve the educational

11 and transitional services and results for children

12 with disabilities and their families.

13 ‘‘(d) ADDITIONAL SOURCES OF INFORMATION.—The

14 Secretary may collect and use information collected from

15 various sources for reporting to Congress, including the

16 collection and use of State evaluation and available re17 search studies, in carrying out this section.

18 ‘‘(e) RESERVATION FOR STUDIES AND EVALUA19 TIONS.—Notwithstanding any provision of this Act, the

20 Secretary may reserve, in addition to any funds appro21 priated under this section, up to one-half of one percent

22 of the amount appropriated under this part and part H

23 for each fiscal year to carry out the purposes of this sec24 tion.
148

•S 1578 RS

1 ‘‘(f) AUTHORIZATION OF APPROPRIATIONS.—For

2 purposes of carrying out this section, there are authorized

3 to be appropriated such sums as may be necessary.

4 ‘‘(g) APPLICABILITY OF DEFINITIONS.—Any term

5 used in this section that is defined in section 602 (as

6 amended by section 102 of the Individuals with Disabil7 ities Education Act Amendments of 1996) shall have the

8 meaning given such term in such section.’’.

9 (b) REPEAL.—Section 618(g), as added by subsection

10 (a), shall be repealed effective October 1, 1997.

11 SEC. 210. PRESCHOOL GRANTS.

12 Section 619 (21 U.S.C. 1419) is amended to read as

13 follows:

14 ‘‘SEC. 619. PRESCHOOL GRANTS.

15 ‘‘(a) PURPOSE OF GRANTS.—The Secretary shall

16 make grants to States and the outlying areas to assist in

17 the provision of special education and related services, in

18 accordance with this part—

19 ‘‘(1) to children with disabilities aged 3 through

20 5; and

21 ‘‘(2) at the discretion of the State, to 2-year-old

22 children with disabilities who will turn age 3 during

23 the school year.
149

•S 1578 RS

1 ‘‘(b) ELIGIBILITY.—A State or outlying area is eligi2 ble for a grant under this section if the State or outlying

3 area—

4 ‘‘(1) has established its eligibility under section

5 612; and

6 ‘‘(2) makes a free appropriate public education

7 available to all children with disabilities, aged 3

8 through 5, residing in the jurisdiction of the State

9 or the outlying area.

10 ‘‘(c) ALLOCATIONS.—Of the funds made available

11 under this section, the Secretary shall allocate to each eli12 gible State and each outlying area, the State’s or outlying

13 area’s pro rata share of the available funds based upon

14 the count of the State of children with disabilities, aged

15 3 through 5, consistent with section 611(a)(3). The

16 amount of any grant to any State or outlying area under

17 this section for any fiscal year may not exceed $1,500 for

18 each child with a disability in such State or outlying area,

19 aged 3 through 5.

20 ‘‘(d) STATE-LEVEL ACTIVITIES.—

21 ‘‘(1) IN GENERAL.—A State may retain not

22 more than 25 percent of the amount of the grant the

23 State receives under this section for administration

24 and other State-level activities in accordance with

25 subsections (e) and (f).
150

•S 1578 RS

1 ‘‘(2) INAPPLICABILITY OF CERTAIN REQUIRE2 MENTS.—A State may use funds the State retains

3 under paragraph (1) without regard to—

4 ‘‘(A) the prohibition on commingling of

5 funds under section 612(a)(18)(A)(ii); and

6 ‘‘(B) the prohibition on supplanting other

7 funds under section 612(a)(18)(A)(iii).

8 ‘‘(e) STATE ADMINISTRATION.—

9 ‘‘(1) IN GENERAL.—Each State and outlying

10 area may use not more than 5 percent of the

11 amount of the grant the State receives under this

12 section for any fiscal year for the purpose of admin13 istering this part, including the coordination of ac14 tivities under this part with, and providing technical

15 assistance to, other programs that provide services

16 to children with disabilities.

17 ‘‘(2) ADMINISTRATION OF PART H.—Funds de18 scribed in paragraph (1) may also be used for the

19 administration of part H, if the State educational

20 agency is the lead agency for the State under that

21 part.

22 ‘‘(f) OTHER STATE-LEVEL ACTIVITIES.—A State

23 shall use any funds the State retains under subsection (d)

24 and does not use for administration under subsection

25 (e)—
151

•S 1578 RS

1 ‘‘(1) for support services (including establishing

2 and implementing the mediation process required by

3 section 615(e)), which may benefit children with dis4 abilities younger than age 3 and older than age 5 as

5 long as such services also benefit children with dis6 abilities aged 3 through 5;

7 ‘‘(2) for direct services for children eligible for

8 services under this section;

9 ‘‘(3) to develop and implement State systems

10 change activities under part C;

11 ‘‘(4) for activities at the State and local levels

12 to meet the performance goals established by the

13 State under section 612(a)(16) and to support im14 plementation of the State systems change activities

15 under part C if the State receives funds under such

16 part;

17 ‘‘(5) to supplement other funds used to develop

18 and implement a fully integrated and coordinated

19 Statewide system that links education, health, social

20 welfare services, support systems, and other commu21 nity entities, in a manner designed to improve the

22 educational and transitional results for all children

23 and their families (including children with disabil24 ities and their families), but not to exceed 1 percent
152

•S 1578 RS

1 of the amount received by the State under this sec2 tion; or

3 ‘‘(6) for other activities deemed appropriate by

4 the State educational agency;

5 ‘‘(g) SUBGRANTS TO LOCAL EDUCATIONAL AGEN6 CIES.—

7 ‘‘(1) REQUIREMENT TO MAKE SUBGRANTS.—A

8 State that receives a grant under this section for

9 any fiscal year shall distribute at least 75 percent of

10 the grant funds to local educational agencies in the

11 State that have established the eligibility of the

12 State under section 613, and to State agencies that

13 received funds under section 614A (as such section

14 was in effect on the day preceding the date of enact15 ment of the Individuals with Disabilities Education

16 Act Amendments of 1996) for fiscal year 1995 and

17 that have established their eligibility under section

18 613.

19 ‘‘(2) METHODS OF DISTRIBUTION.—From the

20 amount of funds available to local educational agen21 cies in any State under this section, each local edu22 cational agency shall be entitled to the pro rata

23 share of the available funds based on the aggregate

24 number of children with disabilities aged 3 through
153

•S 1578 RS

1 5 who received special education and related services

2 as determined under section 611.

3 ‘‘(h) PART H INAPPLICABILITY.—Part H does not

4 apply to any child with a disability receiving a free appro5 priate public education, in accordance with this part, with

6 funds received under this section.

7 ‘‘(i) OUTLYING AREAS.—The provisions of section

8 501 of Public Law 95–134 (48 U.S.C. 1469a), permitting

9 the consolidation of grants to outlying areas, shall not

10 apply to funds such areas receive under this section.

11 ‘‘(j) DEFINITION OF ‘STATE’.—For the purpose of

12 this section, the term ‘State’ means each of the 50 States,

13 the District of Columbia, and the Commonwealth of Puer14 to Rico.

15 ‘‘(k) AUTHORIZATION OF APPROPRIATIONS.—For the

16 purpose of carrying out this section, there are authorized

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

18 SEC. 211. PAYMENTS.

19 Section 620 (20 U.S.C. 1420) is amended to read as

20 follows:

21 ‘‘SEC. 620. PAYMENTS.

22 ‘‘(a) PAYMENTS TO STATES.—The Secretary shall

23 make payments to each State that has demonstrated the

24 eligibility of the State under section 612, in amounts that

25 the Secretary determines under sections 611 and 619.
154

•S 1578 RS

1 ‘‘(b) PAYMENTS TO LOCAL EDUCATIONAL AGENCIES

2 AND STATE AGENCIES.—Any State educational agency re3 ceiving payments under this section shall distribute pay4 ments to local educational agencies (and to State agencies

5 that received funds under section 614A, as such section

6 was in effect on the day preceding the date of enactment

7 of the Individuals with Disabilities Education Act Amend8 ments of 1996, for fiscal year 1995) in the State that the

9 State educational agency has determined are eligible under

10 section 613, in amounts determined under sections 611

11 and 619.’’.

12 SEC. 212. APPLICABILITY OF DEFINITIONS.

13 (a) AMENDMENT.—Part B (20 U.S.C. 611 et seq.)

14 is amended by adding at the end thereof the following new

15 section:

16 ‘‘SEC. 621. APPLICABILITY OF DEFINITIONS.

17 ‘‘The definitions used in section 602 (as in effect on

18 the day before the date of enactment of the Individuals

19 with Disabilities Education Act Amendments of 1996)

20 shall apply to this part.’’.

21 (b) REPEAL.—Section 621, as added by subsection

22 (a), shall be repealed effective January 1, 1998.
155

•S 1578 RS

1 SEC. 213. EFFECTIVE DATES.

2 (a) IN GENERAL.—Except as provided in subsection

3 (b), the amendments made by this title shall take effect

4 on January 1, 1998.

5 (b) EVALUATION AND PROGRAM INFORMATION.—

6 The amendment made by section 209 shall take effect on

7 October 1, 1996, except that section 618(a)(1)(B) of the

8 Individuals with Disabilities Education Act, as added by

9 section 209, shall not take effect until October 1, 1997.

10 (c) TRANSITION RULE.—

11 (1) IN GENERAL.—Subject to paragraph (2), a

12 State that is eligible for assistance under part B (as

13 such part was in effect on the day before the date

14 of enactment of this Act) may begin carrying out the

15 requirements of part B (as amended by this title)

16 prior to January 1, 1998.

17 (2) NOTIFICATION AND APPROVAL.—A State

18 that desires to carry out a requirement of part B (as

19 amended by this title) under paragraph (1) shall no20 tify the Secretary of which requirements of such

21 part the State desires to carry out. In accordance

22 with the procedure established by the Secretary, the

23 Secretary shall notify the State—

24 (A) of whether the State may carry out a

25 requirement of such part; and
156

•S 1578 RS

1 (B) of any applicable procedure that the

2 State shall comply with for the purposes of car3 rying out such requirement.

4 SEC. 214. CONFORMING AND TECHNICAL AMENDMENTS.

5 (a) SETTLEMENTS AND ALLOCATIONS.—Section 611

6 (20 U.S.C. 1411) is amended—

7 (1) by striking ‘‘SEC. 611. (a)’’ and all that fol8 lows through (1) Except as’’ and inserting the fol9 lowing:

10 ‘‘SEC. 611. (a)(1) Except as’’; and

11 (2) in subsection (a) (amended by paragraph

12 (1))—

13 (A) in paragraph (1)—

14 (i) by realigning the margins of sub15 paragraphs (A) and (B) so as to align with

16 subparagraphs (A) and (B) of subsection

17 (b)(1); and

18 (ii) by realigning the margins of

19 clauses (i) and (ii) so as to align with sub20 clauses (I) and (II) of subsection

21 (d)(2)(A)(i); and

22 (B) by realigning the margins of para23 graph (2) so as to align with paragraph (3).

24 (b) ADVISORY PANELS.—Section 615(h) (20 U.S.C.

25 1415(h)), as so redesignated by section 206(c)(4), is
157

•S 1578 RS

1 amended by striking ‘‘section 613(a)(12)’’ and inserting

2 ‘‘section 612(a)(20)’’.

3 (c) PROCEDURAL SAFEGUARDS.—Section 615(k) (20

4 U.S.C. 1415(k)), as so redesignated by section 206(c)(5),

5 is amended by striking ‘‘subsections (b)(2) and (c)’’ and

6 inserting ‘‘subsections (f) and (g)’’.

7 TITLE III—SYSTEMS CHANGE

8 SEC. 301. SYSTEMS CHANGE.

9 Part C (20 U.S.C. 1421 et seq.) is amended to read

10 as follows:

11 ‘‘PART C—PROMOTING SYSTEMS CHANGE TO IM12 PROVE EDUCATIONAL AND TRANSITIONAL

13 SERVICES AND RESULTS FOR CHILDREN

14 WITH DISABILITIES

15 ‘‘SEC. 621. FINDINGS AND PURPOSE.

16 ‘‘(a) FINDINGS.—Congress finds the following:

17 ‘‘(1) States are responding with some success to

18 multiple pressures to improve educational and tran19 sitional services and results for children with disabil20 ities in response to growing demands imposed by

21 ever-changing factors, such as demographics, social

22 policies, and labor and economic markets.

23 ‘‘(2) In order for States to address such de24 mands and to facilitate lasting systems change that

25 is of benefit to all students, including children with
158

•S 1578 RS

1 disabilities, States must involve local educational

2 agencies, individuals with disabilities and their fami3 lies, and other interested individuals and organiza4 tions in planning and implementation activities that

5 affect education.

6 ‘‘(3) Targeted Federal financial resources are

7 needed to support planning, needs assessment, im8 plementation, and evaluation of better ways to ad9 dress the needs of children with disabilities into the

10 next century.

11 ‘‘(4) State educational agencies, in partnership

12 with local educational agencies and other individuals

13 and organizations, are in the best position to iden14 tify and design ways to meet emerging and expand15 ing demands to improve education for children with

16 disabilities and to address their special needs.

17 ‘‘(5) Research, demonstration, and practice over

18 the past 20 years in special education and related

19 disciplines have built a foundation of knowledge on

20 which State and local systems change activities can

21 now be based.

22 ‘‘(6) Such research, demonstration, and practice

23 in special education and related disciplines have

24 demonstrated that an effective educational system

25 now and in the future must—
159

•S 1578 RS

1 ‘‘(A) maintain high academic standards

2 and clear performance goals for children with

3 disabilities, consistent with the standards and

4 expectations for all students in the educational

5 system, and provide for appropriate and effec6 tive strategies and methods to ensure that stu7 dents who are children with disabilities have

8 maximum opportunities to achieve such stand9 ards and goals;

10 ‘‘(B) create a system that fully addresses

11 the needs of all students, including students

12 who are children with disabilities, by linking

13 and coordinating the requirements of parts B

14 and H with other systemic reform initiatives;

15 ‘‘(C) clearly define, in measurable terms,

16 the school and post-school results that children

17 with disabilities will achieve through their par18 ticipation in general and special education pro19 grams;

20 ‘‘(D) promote service integration, and the

21 coordination of State and local education, so22 cial, health, and mental health supports, and

23 other interagency supports, in addressing the

24 full range of student needs, particularly the

25 needs of students who are children with disabil-
160

•S 1578 RS

1 ities and have significant and multiple disabil2 ities;

3 ‘‘(E) ensure that children with disabilities

4 are provided assistance and support in making

5 transitions as described in section 614(a)(2);

6 ‘‘(F) promote comprehensive programs of

7 professional development to ensure that the per8 sons responsible for the education or such a

9 transition of children with disabilities possess

10 the skills and knowledge necessary to address

11 the educational and related needs of the chil12 dren;

13 ‘‘(G) create school-based disciplinary strat14 egies that will be used to reduce or eliminate

15 the need to use suspension and expulsion as

16 disciplinary options for children with disabil17 ities;

18 ‘‘(H) establish placement-neutral funding

19 formulas and cost-effective strategies for serv20 ing children with disabilities in special edu21 cation and general education; and

22 ‘‘(I) involve individuals with disabilities

23 and parents of children with disabilities in plan24 ning, implementing, and evaluating educational

25 system innovations and reforms.
161

•S 1578 RS

1 ‘‘(b) PURPOSE.—The purpose of this part is to assist

2 and provide incentives to State educational agencies,

3 working in partnership with local educational agencies,

4 and other interested individuals, agencies, and organiza5 tions, described in section 623(a), to carry out systems

6 change activities that will improve practices, procedures,

7 policies, and training, and use of personnel, parents, and

8 school-age peers of children with disabilities, and that will

9 contribute to improved early intervention, educational and

10 transitional results for children with disabilities in demon11 strable and measurable ways.

12 ‘‘SEC. 622. GRANTS TO STATE EDUCATIONAL AGENCIES.

13 ‘‘(a) GRANT AWARD.—

14 ‘‘(1) IN GENERAL.—The Secretary shall award

15 grants, on a competitive basis, to State educational

16 agencies, working in partnership with local edu17 cational agencies and other individuals, agencies,

18 and organizations described in section 623(a), to

19 support systems change activities that benefit, in de20 monstrable and measurable ways, children with dis21 abilities.

22 ‘‘(2) ACTIVITIES BENEFITING MULTIPLE

23 STATES.—To pursue systems change activities that

24 benefit children with disabilities and their families in

25 more than 1 State, recipients of such grants may
162

•S 1578 RS

1 collaborate in carrying out projects under this part

2 through such activities as joint arrangements with 1

3 or more institutions of higher education, sharing of

4 project staff, and joint use of consultants.

5 ‘‘(b) TYPES OF GRANTS.—

6 ‘‘(1) IN GENERAL.—In awarding grants under

7 subsection (a), the Secretary may award either a

8 planning grant or an implementation grant to a

9 State educational agency applying for funds under

10 this part that forms a partnership described in sec11 tion 623(a) that applies for funds under this part.

12 ‘‘(2) PLANNING GRANTS.—

13 ‘‘(A) APPLICATION.—An applicant may

14 apply under section 623(b) for a planning grant

15 to develop systems change activities.

16 ‘‘(B) DURATION.—A planning grant re17 ferred to in paragraph (1) shall be for 1 year.

18 ‘‘(C) RENEWAL OF 1-YEAR GRANTS.—A

19 grant that has been awarded for 1 year in ac20 cordance with subparagraph (B) may be re21 newed for 1 additional year.

22 ‘‘(3) IMPLEMENTATION GRANTS.—

23 ‘‘(A) APPLICATION.—An applicant may

24 apply under section 623(c) for an implementa-
163

•S 1578 RS

1 tion grant to carry out systems change activi2 ties.

3 ‘‘(B) DURATION.—An implementation

4 grant referred to in paragraph (1) shall be

5 awarded for a period of not to exceed 5 years.

6 ‘‘(c) AMOUNT OF AWARDS.—

7 ‘‘(1) CONSIDERATIONS.—In determining the

8 amount of any award under this part for a State

9 educational agency, the Secretary may consider such

10 factors as the Secretary finds appropriate, which

11 may include the size of the school-age population of

12 the State in which the State educational agency is

13 located.

14 ‘‘(2) LIMITATION AMOUNT.—Notwithstanding

15 paragraph (1) and except as provided in subsection

16 (d)(2) and section 624—

17 ‘‘(A) the annual amount of each planning

18 grant referred to in subsection (b)(1) shall not

19 exceed—

20 ‘‘(i) $100,000 for any State edu21 cational agency in a State; or

22 ‘‘(ii) $10,000 for any State edu23 cational agency in an outlying area; and
164

•S 1578 RS

1 ‘‘(B) the annual amount of each implemen2 tation grant referred to in subsection (b)(1)

3 shall be not less than—

4 ‘‘(i) $450,000 for any State edu5 cational agency in a State; or

6 ‘‘(ii) $40,000 for any State edu7 cational agency in an outlying area.

8 ‘‘(d) LIMITATIONS AND EXCEPTIONS.—

9 ‘‘(1) LIMITATION.—Except as provided in para10 graph (2), no State educational agency may receive

11 more than 1 award under this part for any fiscal

12 year.

13 ‘‘(2) EXCEPTIONS.—In addition to applying for

14 an individual implementation grant, a State edu15 cational agency may submit a joint application for

16 an implementation grant referred to in subsection

17 (b)(1) with other State educational agency or

18 partnering entities to address systemic problems on

19 a regional or national basis. In determining the

20 amount of any award for such a grant, the Secretary

21 may set aside the monetary limitations described in

22 subsection (c).

23 ‘‘SEC. 623. APPLICATION.

24 ‘‘(a) IN GENERAL.—In order to be considered for a

25 planning grant or an implementation grant under this
165

•S 1578 RS

1 part, a State educational agency shall establish a partner2 ship among members (referred to in this part as the

3 ‘partnering entities’) consisting of local educational agen4 cies, and other persons and organizations involved in, or

5 concerned with, the education of children with disabilities,

6 including—

7 ‘‘(1) parents of children with disabilities;

8 ‘‘(2) individuals with disabilities;

9 ‘‘(3) teachers and related services providers;

10 ‘‘(4) representatives of institutions of higher

11 education;

12 ‘‘(5) representatives of other State agencies in13 volved in the financing or delivery of special edu14 cation and related services to children with disabil15 ities and early intervention services to infants and

16 toddlers with disabilities;

17 ‘‘(6) representatives of vocational, community,

18 postsecondary, and business organizations concerned

19 with the provision of transitional services to children

20 with disabilities; and

21 ‘‘(7) other individuals as deemed appropriate by

22 the State educational agency.

23 ‘‘(b) PLANNING GRANTS.—In order to be considered

24 for a planning grant under this part, a State educational
166

•S 1578 RS

1 agency, in partnership with the partnering entities, shall

2 prepare and submit an application to the Secretary that—

3 ‘‘(1) describes the planning activities for which

4 assistance is sought;

5 ‘‘(2) describes proposed changes in practices,

6 procedures, policies, training, or uses of personnel;

7 ‘‘(3) describes a partnership agreement that—

8 ‘‘(A) specifies the nature and extent of the

9 partnership, and the respective roles of the

10 partnering entities in the partnership; and

11 ‘‘(B) shall be in effect for the period of the

12 grant; and

13 ‘‘(4) includes such other information and assur14 ances as the Secretary may reasonably require.

15 ‘‘(c) IMPLEMENTATION GRANTS.—In order to be con16 sidered for an implementation grant under this part, a

17 State educational agency, in partnership with the

18 partnering entities, shall prepare and submit an applica19 tion to the Secretary that—

20 ‘‘(1) describes the critical aspects of practices,

21 procedures, policies, and organizational structures

22 that will be changed in order to improve educational

23 and transitional results for children with disabilities,

24 based on syntheses and analysis of available infor25 mation, such as—
167

•S 1578 RS

1 ‘‘(A) information on the performance of

2 children with disabilities on State assessments

3 and other performance indicators established

4 for all children, such as drop-out rates and

5 graduation rates;

6 ‘‘(B) information on State and local needs

7 for professional development for personnel to

8 serve children with disabilities; and

9 ‘‘(C) information provided to the State

10 educational agency by the Secretary;

11 ‘‘(2) identifies the goals and objectives for the

12 systems change activities to be carried out under the

13 grant and how the goals and objectives relate to the

14 goals established by the State under section

15 612(a)(16);

16 ‘‘(3) describes how grant funds will be used in

17 undertaking the systems change activities, and the

18 amount and nature of funds from other sources that

19 will be committed to the systems change activities;

20 ‘‘(4) describes the performance indicators that

21 will be adopted or used to measure progress made

22 toward the goals of the systems change activities

23 and toward improved educational and transitional

24 results for children with disabilities;
168

•S 1578 RS

1 ‘‘(5) describes the approach that will be taken,

2 on an annual basis, to disseminate information on

3 the progress measured under paragraph (4) to inter4 ested partnering entities within the State partner5 ship and to the Secretary;

6 ‘‘(6) describes a partnership agreement speci7 fied in subsection (b)(3); and

8 ‘‘(7) includes such other information and assur9 ances as the Secretary may reasonably require.

10 ‘‘(d) ADEQUATE PROGRESS.—The Secretary may ter11 minate a grant to a State educational agency under this

12 part, or require amendments to an approved application

13 of a State educational agency, if the Secretary determines

14 that the State educational agency is not making adequate

15 progress toward the goals of the systems change activities

16 of the State educational agency under this part.

17 ‘‘SEC. 624. INCENTIVES.

18 ‘‘Notwithstanding section 622(c)(2), the Secretary

19 may provide additional funds for systems change activi20 ties, if the Secretary approved an application under this

21 part relating to the activities and—

22 ‘‘(1) the application, in addition to meeting the

23 minimal application requirements, includes evidence

24 of a significant and substantial level of collaboration

25 among agencies, organizations, and individuals who
169

•S 1578 RS

1 have an interest in the quality of educational serv2 ices and opportunities and are committed to the full

3 participation of children with disabilities;

4 ‘‘(2) the activities described in the application

5 are connected with prereferral programs and other

6 programs designed to prevent the educational failure

7 of children (particularly children who are members

8 of unserved, underserved, or inappropriately identi9 fied populations and who are from ethnic back10 grounds and geographic areas with significant need)

11 so that the children experience a high level of suc12 cess in their educational experience; and

13 ‘‘(3) the application demonstrates, in addition

14 to meeting the minimal application requirements, an

15 ongoing effort to assess and address the needs of

16 children with disabilities and ensure the full partici17 pation of such children in statewide or districtwide

18 general education systems change activities.

19 ‘‘SEC. 625. AUTHORIZATION OF APPROPRIATIONS.

20 ‘‘For the purpose of carrying out this part, there are

21 authorized to be appropriated $30,000,000 for fiscal year

22 1998 and such sums as may be necessary for each of fiscal

23 years 1999 through 2002.’’.
170

•S 1578 RS

1 SEC. 302. REAUTHORIZATION FOR FISCAL YEAR 1997 OF AU2 THORITIES RELATING TO CENTERS AND

3 SERVICES TO MEET SPECIAL NEEDS OF INDI4 VIDUALS WITH DISABILITIES.

5 (a) REGIONAL CENTERS FOR THE DEAF.—Section

6 625(a)(6) (20 U.S.C. 1424a(a)(6)) is amended—

7 (1) in the second sentence, by striking ‘‘1994’’

8 and inserting ‘‘1997’’; and

9 (2) by striking the third sentence.

10 (b) AUTHORIZATION OF APPROPRIATIONS.—Each of

11 subsections (a) through (h) of section 628 of such Act (20

12 U.S.C. 1427) is amended by striking ‘‘fiscal year 1994’’

13 and inserting ‘‘each of fiscal years 1994 through 1997’’.

14 SEC. 303. EFFECTIVE DATE.

15 The amendments made by this title, other than the

16 amendments made by section 302, shall take effect on Oc17 tober 1, 1997.

18 TITLE IV—RESEARCH AND

19 PERSONNEL PREPARATION

20 SEC. 401. IMPROVING EARLY INTERVENTION, EDU21 CATIONAL, AND TRANSITIONAL SERVICES

22 AND RESULTS FOR CHILDREN WITH DISABIL23 ITIES THROUGH COORDINATED RESEARCH

24 AND PERSONNEL PREPARATION.

25 Part D (20 U.S.C. 1431 et seq.) is amended to read

26 as follows:
171

•S 1578 RS

1 ‘‘PART D—IMPROVING EARLY INTERVENTION,

2 EDUCATIONAL, AND TRANSITIONAL SERV3 ICES AND RESULTS FOR CHILDREN WITH

4 DISABILITIES THROUGH COORDINATED RE5 SEARCH AND PERSONNEL PREPARATION

6 ‘‘SEC. 631. FINDINGS AND PURPOSE.

7 ‘‘(a) FINDINGS.—Congress finds the following:

8 ‘‘(1) The Federal Government has an ongoing

9 obligation to support programs, projects, and activi10 ties that contribute to positive results for children

11 with disabilities, enabling the children—

12 ‘‘(A) to meet their early intervention, edu13 cational, and transitional goals and, to the max14 imum extent possible, educational standards

15 that have been established for all children; and

16 ‘‘(B) to acquire the skills that will em17 power the children with disabilities to lead pro18 ductive and independent adult lives.

19 ‘‘(2)(A) As a result of more than 20 years of

20 Federal support for research, demonstration

21 projects, and personnel preparation, there is an im22 portant knowledge base for improving results for

23 children with disabilities.

24 ‘‘(B) Such knowledge should be used by States

25 and local educational agencies to design and imple26 ment state-of-the-art educational systems that con-
172

•S 1578 RS

1 sider the needs of, and include, children with disabil2 ities, especially in environments in which the chil3 dren can learn along with their peers and achieve re4 sults measured by the same standards as the results

5 of their peers.

6 ‘‘(3)(A) Continued Federal support is essential

7 for the development and maintenance of a coordi8 nated and high-quality program of research, dem9 onstration projects, dissemination of information,

10 and personnel preparation.

11 ‘‘(B) Such support—

12 ‘‘(i) enables State educational agen13 cies and local educational agencies to im14 prove their educational systems and results

15 for children with disabilities;

16 ‘‘(ii) enables State and local agencies

17 to improve early intervention services and

18 results for infants and toddlers with dis19 abilities and their families; and

20 ‘‘(iii) enhances the opportunities for

21 general and special education personnel,

22 related services personnel, parents, and

23 paraprofessionals to participate in

24 preservice and inservice training, to col-
173

•S 1578 RS

1 laborate, and to improve results for chil2 dren with disabilities and their families.

3 ‘‘(4) The Federal Government plays a critical

4 role in facilitating the availability of an adequate

5 number of highly qualified personnel—

6 ‘‘(A) to serve effectively the over 5,000,000

7 children with disabilities;

8 ‘‘(B) to assume leadership positions in ad9 ministrative and direct service capacities related

10 to teacher training and research concerning the

11 provision of early intervention services, special

12 education, and related services; and

13 ‘‘(C) to work with children with low-inci14 dence disabilities and their families.

15 ‘‘(5) The Federal Government performs the role

16 described in paragraph (4)—

17 ‘‘(A) by supporting models of personnel de18 velopment that reflect successful practice, in19 cluding strategies for recruiting, preparing, and

20 retaining personnel;

21 ‘‘(B) by promoting the coordination and

22 integration of—

23 ‘‘(i) personnel development activities

24 for teachers of children with disabilities;

25 and
174

•S 1578 RS

1 ‘‘(ii) personnel development activities

2 supported under Federal law, other than

3 this part;

4 ‘‘(C) by supporting the development and

5 dissemination of information about teaching

6 standards; and

7 ‘‘(D) by promoting the coordination and

8 integration of personnel development activities

9 through linkage with systems change activities

10 within States and nationally.

11 ‘‘(b) PURPOSE.—The purpose of this part is to pro12 vide Federal funding for coordinated research, demonstra13 tion projects, outreach, and personnel preparation activi14 ties that—

15 ‘‘(1) are described in section 633 or 634;

16 ‘‘(2) are linked with, and positively affect, sys17 tems change outcomes; and

18 ‘‘(3) improve early intervention, educational,

19 and transitional results for children with disabilities.

20 ‘‘SEC. 632. DEFINITIONS.

21 ‘‘As used in this part, the term ‘developmental delay’

22 has the meaning given such term by a State under section

23 676(b)(1).
175

•S 1578 RS

1 ‘‘SEC. 633. RESEARCH AND INNOVATION TO IMPROVE SERV2 ICES AND RESULTS FOR CHILDREN WITH DIS3 ABILITIES.

4 ‘‘(a) IN GENERAL.—The Secretary may make grants

5 to, or enter into contracts or cooperative agreements with,

6 eligible entities to produce and advance the use of knowl7 edge to—

8 ‘‘(1)(A) improve services provided under this

9 Act, including the practices of professionals and oth10 ers involved in providing such services to children

11 with disabilities; and

12 ‘‘(B) improve early intervention, educational,

13 and transitional services and results, for children

14 with disabilities;

15 ‘‘(2) address the special needs of infants and

16 toddlers with disabilities including such infants and

17 toddlers who are at risk of having substantial devel18 opmental delays if early intervention services are not

19 provided;

20 ‘‘(3) address the specific problems of over-iden21 tification and under-identification of children with

22 disabilities in the education of children with disabil23 ities;

24 ‘‘(4) prevent children with emotional and behav25 ioral problems from developing emotional disturb-
176

•S 1578 RS

1 ances that require the provision of special education

2 and related services; and

3 ‘‘(5) improve secondary and postsecondary edu4 cation and educational results for children with dis5 abilities.

6 ‘‘(b) NEW KNOWLEDGE PRODUCTION; AUTHORIZED

7 ACTIVITIES.—In carrying out this section, the Secretary

8 may support any activities that are consistent with the ob9 jectives described in subsection (a), including activities

10 that—

11 ‘‘(1) expand understanding of the relationships

12 between learning characteristics of children with dis13 abilities and the diverse ethnic, cultural, linguistic,

14 social, and economic backgrounds of children with

15 disabilities and their families;

16 ‘‘(2) develop or identify innovative, effective,

17 and efficient curricula designs, instructional ap18 proaches, and strategies, and develop or identify

19 positive academic and social learning opportunities,

20 that—

21 ‘‘(A) enable children with disabilities to

22 make effective transitions described in section

23 643(d)(7) or transitions between educational

24 settings; and
177

•S 1578 RS

1 ‘‘(B) improve educational and transitional

2 results for children with disabilities at all levels

3 of the educational system in which the activities

4 are carried out and, in particular, that improve

5 the progress of the children, as measured by

6 performance expectations within the general

7 education curriculum involved;

8 ‘‘(3) advance the design of assessment tools and

9 procedures that will accurately and efficiently deter10 mine the special instructional, learning, and behav11 ioral needs of children with disabilities, especially

12 within the context of general education;

13 ‘‘(4) study and promote improved alignment

14 and compatibility of general and special education

15 reforms concerned with curricular and instructional

16 reform, evaluation and accountability of such re17 forms, and administrative procedures;

18 ‘‘(5) advance the design, development, and inte19 gration of technology, assistive technology devices,

20 media, and materials, to improve early intervention,

21 educational, and transitional services and results, for

22 children with disabilities; and

23 ‘‘(6) improve designs, processes, and results, of

24 personnel preparation for personnel who provide

25 services to children with disabilities through the ac-
178

•S 1578 RS

1 quisition of information on, and implementation of,

2 research-based practices.

3 ‘‘(c) INTEGRATION OF RESEARCH AND PRACTICE;

4 AUTHORIZED ACTIVITIES.—In carrying out this section,

5 the Secretary may support any activities that are consist6 ent with the objectives described in subsection (a), includ7 ing activities that—

8 ‘‘(1) demonstrate and apply research-based

9 findings to facilitate systemic changes in policy, pro10 cedure, practice, and the training and use of person11 nel, related to the provision of services to children

12 with disabilities;

13 ‘‘(2) promote and demonstrate the coordination

14 of early intervention and educational services for

15 children with disabilities with services provided by

16 health, rehabilitation, and social service agencies;

17 ‘‘(3) identify solutions that overcome systemic

18 barriers to the effective and efficient delivery of

19 early intervention, educational, and transitional serv20 ices to children with disabilities;

21 ‘‘(4) enable professionals, parents of children

22 with disabilities, and other persons to learn about

23 and implement the findings of research, and success24 ful practices developed in model demonstration
179

•S 1578 RS

1 projects, relating to the provision of services to chil2 dren with disabilities; and

3 ‘‘(5) conduct outreach, and disseminate infor4 mation, relating to successful approaches to over5 coming systemic barriers to the effective and effi6 cient delivery of early intervention, educational, and

7 transitional services to personnel who provide serv8 ices to children with disabilities.

9 ‘‘(d) IMPROVING THE USE OF PROFESSIONAL

10 KNOWLEDGE; AUTHORIZED ACTIVITIES.—In carrying out

11 this section, the Secretary may support any activities that

12 are consistent with the objectives described in subsection

13 (a), including activities that—

14 ‘‘(1) synthesize professional knowledge bases

15 that utilize rigorous methodologies and that relate to

16 the provision of services to children with disabilities;

17 ‘‘(2) analyze such professional knowledge bases

18 to advance an understanding of relationships, and

19 effectiveness of practices, relating to the provision of

20 services to children with disabilities; and

21 ‘‘(3) present such professional knowledge bases

22 in a clear and meaningful manner to affected per23 sons at all levels of the service systems that serve

24 children with disabilities and their families.
180

•S 1578 RS

1 ‘‘(e) APPLICATIONS.—Any eligible entity that wishes

2 to receive a grant under this section shall submit an appli3 cation to the Secretary at such time, in such a manner,

4 and containing such information as the Secretary may re5 quire.

6 ‘‘(f) AUTHORIZATION OF APPROPRIATIONS.—There

7 are authorized to be appropriated to carry out this section

8 $63,000,000 for fiscal year 1998, and such sums as may

9 be necessary for each of fiscal years 1999 through 2002.

10 ‘‘SEC. 634. PERSONNEL PREPARATION TO IMPROVE SERV11 ICES AND RESULTS FOR CHILDREN WITH DIS12 ABILITIES.

13 ‘‘(a) IN GENERAL.—

14 ‘‘(1) SUPPORT.—The Secretary may make

15 grants to, or enter into contracts or cooperative

16 agreements with, eligible entities and consortia of el17 igible entities, to help address State-identified needs

18 for qualified personnel and to ensure that the per19 sonnel have the skills and knowledge reflecting suc20 cessful practices determined through research and

21 practice that are needed to serve children with dis22 abilities.

23 ‘‘(2) PROJECTS.—In carrying out this section,

24 the Secretary may support—
181

•S 1578 RS

1 ‘‘(A) projects that address the need for

2 personnel to serve children with high-incidence

3 disabilities or children with low-incidence dis4 abilities;

5 ‘‘(B) projects that address the need for

6 leadership personnel;

7 ‘‘(C) special projects that have broad appli8 cability in addressing the personnel needs de9 scribed in paragraph (1); and

10 ‘‘(D) projects that improve the skills of

11 personnel who serve children with disabilities

12 who engage in or are likely to engage in behav13 ior subject to disciplinary action.

14 ‘‘(b) HIGH-INCIDENCE DISABILITIES; AUTHORIZED

15 ACTIVITIES.—In carrying out this section, the Secretary

16 may support any activities for children with high-incidence

17 disabilities that are consistent with the objectives referred

18 to in subsection (a), including activities that—

19 ‘‘(1) provide teachers, and related services per20 sonnel, from various disciplines with interdisciplinary

21 training and training regarding innovative instruc22 tional methods for children with disabilities, espe23 cially methods that meet the diverse needs of indi24 vidual children with disabilities and enable the chil25 dren to be successful, as measured by performance
182

•S 1578 RS

1 expectations within the general education curriculum

2 involved;

3 ‘‘(2) prepare personnel in the use of strategies,

4 techniques, methods, and practices that meet the

5 needs, for early intervention, educational, and transi6 tional services, of children with disabilities who are

7 from unserved and underserved populations or from

8 rural or urban areas;

9 ‘‘(3) develop career-ladder opportunities for

10 paraprofessionals to receive training as special edu11 cation teachers and related services personnel, in12 cluding interdisciplinary training to enable the

13 teachers and providers to improve early intervention,

14 educational, and transitional results for children

15 with disabilities;

16 ‘‘(4) enhance the ability of trainees, teachers,

17 and others to acquire and use strategies, including

18 behavior management plans, to address the conduct

19 of children with disabilities that impedes their learn20 ing and the learning of other students in the class21 room involved;

22 ‘‘(5) recruit and retain new, highly-qualified

23 teachers and related services personnel, especially

24 from groups that are unserved and underserved pop25 ulations in the teaching profession and individuals
183

•S 1578 RS

1 from rural or urban settings, to provide services to

2 children with disabilities;

3 ‘‘(6) enhance the preparation of individuals who

4 are teachers, early intervention services personnel,

5 related services personnel, or paraprofessionals, by

6 providing such individuals with interdisciplinary

7 training to develop the collaborative skills needed to

8 appropriately teach children with disabilities, par9 ticularly in accordance with a general education cur10 riculum; and

11 ‘‘(7) support universities and institutions of

12 higher education with minority enrollments of at

13 least 25 percent for the purpose of preparing per14 sonnel to work with unserved and underserved popu15 lations of children with disabilities.

16 ‘‘(c) LEADERSHIP PREPARATION; AUTHORIZED AC17 TIVITIES.—In carrying out this section the Secretary may

18 support any leadership preparation activities that are con19 sistent with the objectives described in subsection (a), in20 cluding activities that—

21 ‘‘(1) prepare personnel at the advanced grad22 uate, doctoral, and post-doctoral levels of training to

23 administer, enhance, or provide services to children

24 with disabilities, with emphasis on preparation of

25 personnel who are involved with, or will be involved
184

•S 1578 RS

1 with, efforts to address the needs of unserved and

2 underserved populations, children with low-incidence

3 disabilities, and children from rural or urban areas;

4 ‘‘(2) provide interdisciplinary training for per5 sonnel from various disciplines, including teacher

6 preparation faculty, administrators, researchers, su7 pervisors, and other persons, affecting the early

8 intervention, educational, and transitional services of

9 children with disabilities;

10 ‘‘(3) prepare professionals at the doctoral and

11 postdoctoral levels at institutions of higher education

12 that are working toward integrating professional de13 velopment of general education, special education,

14 and other disciplines; and

15 ‘‘(4) prepare professionals at the doctoral and

16 postdoctoral levels at institutions of higher education

17 that are successfully recruiting and preparing—

18 ‘‘(A) individuals with disabilities; and

19 ‘‘(B) individuals from groups that are

20 underrepresented in education leadership posi21 tions.

22 ‘‘(d) LOW-INCIDENCE DISABILITIES; AUTHORIZED

23 ACTIVITIES.—In carrying out this section, the Secretary

24 may support any activities for children with low-incidence
185

•S 1578 RS

1 disabilities that are consistent with the objectives de2 scribed in subsection (a), including—

3 ‘‘(1) preparing persons who—

4 ‘‘(A) have prior training in educational and

5 other related service fields; and

6 ‘‘(B) are studying to obtain certificates or

7 licensure that will enable the persons to assist

8 children with disabilities to achieve the objec9 tives set out in their individualized education

10 programs described in section 614 and to assist

11 infants and toddlers with disabilities to achieve

12 the outcomes described in their individualized

13 family service plans described in section 677;

14 ‘‘(2) providing personnel from various dis15 ciplines with interdisciplinary training that will con16 tribute to early intervention, educational, and transi17 tional results for children with disabilities;

18 ‘‘(3) preparing personnel in the innovative uses

19 and application of technology to enhance learning

20 through early intervention, educational, and transi21 tional services, by children with disabilities;

22 ‘‘(4) preparing personnel to provide early inter23 vention services to children with disabilities;

24 ‘‘(5) providing scholarships, with necessary sti25 pends and allowances, to individuals to assist the in-
186

•S 1578 RS

1 dividuals in preparing to provide services to children

2 with disabilities; and

3 ‘‘(6) preparing personnel who work with vis4 ually impaired or blind children with disabilities to

5 teach and use braille in the provision of services to

6 such children.

7 ‘‘(e) PROJECTS OF NATIONAL SIGNIFICANCE; AU8 THORIZED ACTIVITIES.—In carrying out this section, the

9 Secretary may support any activities that are consistent

10 with the objectives described in subsection (a), including

11 activities that—

12 ‘‘(1) develop and demonstrate effective and effi13 cient practices for preparing personnel to provide

14 services to children with disabilities, including prac15 tices that address needs identified through systems

16 change activities funded under part C;

17 ‘‘(2) demonstrate the application of significant

18 knowledge derived from research and other sources

19 in the development of programs to prepare personnel

20 to provide services to children with disabilities;

21 ‘‘(3) demonstrate models for the preparation of

22 special education and general education personnel,

23 to enable the personnel—

24 ‘‘(A) to acquire the collaboration skills nec25 essary to assist children with disabilities; and
187

•S 1578 RS

1 ‘‘(B) to achieve results that meet challeng2 ing standards of performance expectations, par3 ticularly performance expectations within the

4 general education curriculum involved;

5 ‘‘(4) demonstrate models that—

6 ‘‘(A) provide interdisciplinary training to

7 individuals within collaborative teams of special

8 education and general education personnel, re9 lated services personnel, and family members of

10 children with disabilities; and

11 ‘‘(B) enhance the educational experience of

12 children with disabilities;

13 ‘‘(5) demonstrate models that reduce shortages

14 of teachers, and personnel from other relevant dis15 ciplines, who serve children with disabilities through

16 reciprocity arrangements between States related to

17 licensure and certification;

18 ‘‘(6) develop, evaluate, and disseminate model

19 teaching standards for persons working with chil20 dren with disabilities; and

21 ‘‘(7) promote the transferability, across State

22 and local jurisdictions, of licensure and certification

23 of teachers and administrators working with such

24 children.

25 ‘‘(f) APPLICATIONS.—
188

•S 1578 RS

1 ‘‘(1) IN GENERAL.—Any eligible entity that

2 wishes to receive a grant under this section shall

3 submit an application to the Secretary at such time,

4 in such manner, and containing such information as

5 the Secretary may require.

6 ‘‘(2) IDENTIFIED STATE NEEDS.—Any such ap7 plication shall include information demonstrating to

8 the satisfaction of the Secretary that the activities

9 described in the application will address needs iden10 tified by the States the applicant proposes to serve.

11 ‘‘(g) AUTHORIZATION OF APPROPRIATIONS.—There

12 are authorized to be appropriated $81,000,000 to carry

13 out this section for fiscal year 1998, and such sums as

14 may be necessary for each of fiscal years 1999 through

15 2002.’’.

16 SEC. 402. CONFORMING AMENDMENTS.

17 (a) HIGHER EDUCATION ACT OF 1965.—

18 (1) Section 409A(2) of the Higher Education

19 Act of 1965 (20 U.S.C. 1070a–51(2)) is amended by

20 striking ‘‘refer students with disabilities and their

21 families to the postsecondary clearinghouse that is

22 authorized under section 633(c) of the Individuals

23 with Disabilities Education Act’’ and inserting

24 ‘‘refer students with disabilities and their families to

25 the activities addressing information preparation and
189

•S 1578 RS

1 dissemination needs relating to postsecondary serv2 ices that are authorized under section 644(e)(4) of

3 the Individuals with Disabilities Education Act’’.

4 (2) The third sentence of section 483(d) of the

5 Higher Education Act of 1965 (20 U.S.C. 1090(d))

6 is amended by striking ‘‘refer such students to the

7 national clearinghouse on postsecondary education

8 that is authorized under section 633(c) of the Indi9 viduals with Disabilities Education Act’’ and insert10 ing ‘‘refer such students to the activities addressing

11 information preparation and dissemination needs re12 lating to postsecondary services that are authorized

13 under section 644(e)(4) of the Individuals with Dis14 abilities Education Act’’.

15 (b) GOALS 2000: EDUCATE AMERICA ACT.—Section

16 402(a)(2)(H) of the Goals 2000: Educate America Act (20

17 U.S.C. 5912(a)(2)(H)) is amended by striking clause (ii)

18 and inserting the following:

19 ‘‘(ii) parent training and information

20 centers and community parent training

21 and information programs authorized

22 under subsections (b) and (c), respectively,

23 of section 643 of the Individuals with Dis24 abilities Education Act;’’.

25 (c) REHABILITATION ACT OF 1973.—
190

•S 1578 RS

1 (1) Section 105(b)(1)(A)(ii) of the Rehabilita2 tion Act of 1973 (29 U.S.C. 725(b)(1)(A)(ii)) is

3 amended by striking ‘‘a parent training and infor4 mation center established pursuant to section

5 631(e)(1) of the Individuals with Disabilities Edu6 cation Act (20 U.S.C. 1431(e)(1))’’ and inserting ‘‘a

7 parent training and information center or commu8 nity parent training and information program au9 thorized under subsection (b) or (c), respectively, of

10 section 643 of the Individuals with Disabilities Edu11 cation Act’’.

12 (2) Paragraphs (4)(A)(i) and (6) of section

13 803(c) of the Rehabilitation Act of 1973 (29 U.S.C.

14 797b(c)) are amended by striking ‘‘parent training

15 and information centers established under section

16 631 of the Individuals with Disabilities Education

17 Act (20 U.S.C. 1431)’’ and inserting ‘‘parent train18 ing and information centers and community parent

19 training and information programs authorized under

20 subsections (b) and (c), respectively, of section 643

21 of the Individuals with Disabilities Education Act’’.
191

•S 1578 RS

1 SEC. 403. REAUTHORIZATION FOR FISCAL YEAR 1997 OF AU2 THORITIES RELATING TO TRAINING PERSON3 NEL FOR THE EDUCATION OF INDIVIDUALS

4 WITH DISABILITIES.

5 (a) AUTHORIZATION OF APPROPRIATIONS.—Each of

6 paragraphs (1) through (4) of section 635(a) of such Act

7 (20 U.S.C. 1435(a)) is amended by striking ‘‘fiscal year

8 1994’’ and inserting ‘‘each of fiscal years 1994 through

9 1997’’.

10 (b) CONFORMING AMENDMENTS.—Each of para11 graphs (1) and (3) of section 635(a) of such Act is amend12 ed by striking ‘‘631(d)’’ and inserting ‘‘631(e)’’.

13 SEC. 404. EFFECTIVE DATE.

14 The amendments made by this title, other than the

15 amendments made by section 403, shall take effect on Oc16 tober 1, 1997.
192

•S 1578 RS

1 TITLE V—TECHNICAL ASSIST2 ANCE, SUPPORT, AND DIS3 SEMINATION OF INFORMA4 TION

5 SEC. 501. IMPROVING EARLY INTERVENTION, EDU6 CATIONAL, AND TRANSITIONAL SERVICES

7 AND RESULTS FOR CHILDREN WITH DISABIL8 ITIES THROUGH COORDINATED TECHNICAL

9 ASSISTANCE, SUPPORT, AND DISSEMINATION

10 OF INFORMATION.

11 The Act (29 U.S.C. 1400 et seq.) is amended—

12 (1) by striking parts E, F, and G; and

13 (2) by inserting the following:

14 ‘‘PART E—IMPROVING EARLY INTERVENTION,

15 EDUCATIONAL, AND TRANSITIONAL SERV16 ICES AND RESULTS FOR CHILDREN WITH

17 DISABILITIES THROUGH COORDINATED

18 TECHNICAL ASSISTANCE, SUPPORT, AND

19 DISSEMINATION OF INFORMATION

20 ‘‘SEC. 641. FINDINGS AND PURPOSES.

21 ‘‘(a) IN GENERAL.—Congress finds that—

22 ‘‘(1) national technical assistance, support, and

23 dissemination activities are necessary to ensure that

24 the provisions of parts B and H are fully imple25 mented and achieve early intervention, educational,
193

•S 1578 RS

1 and transitional results for children with disabilities

2 and their families;

3 ‘‘(2) parents, teachers, administrators, and re4 lated services personnel need technical assistance

5 and information in a timely, coordinated, and acces6 sible manner in order to improve early intervention,

7 educational, and transitional services and results, at

8 the State and local levels for children with disabil9 ities and their families;

10 ‘‘(3) parent training and information activities

11 have taken on increased importance in efforts to as12 sist parents of a child with a disability in dealing

13 with the multiple pressures of rearing such a child

14 and are of particular importance in—

15 ‘‘(A)(i) ensuring the involvement of such

16 parents in planning and decisionmaking with

17 respect to early intervention, educational, and

18 transitional services; and

19 ‘‘(ii) achieving early intervention, edu20 cational, and transitional results for children

21 with disabilities;

22 ‘‘(B) providing such parents information

23 on their rights and protections under this Act

24 to ensure improved early intervention, edu-
194

•S 1578 RS

1 cational, and transitional results for children

2 with disabilities;

3 ‘‘(C) assisting such parents in the develop4 ment of skills to participate effectively in the

5 education and development of their children and

6 in the transitions described in section

7 643(d)(7);

8 ‘‘(D) supporting the roles of such parents

9 as participants within systems change partner10 ships seeking to improve early intervention,

11 educational, and transitional services and re12 sults, for children with disabilities and their

13 families; and

14 ‘‘(E) ensuring that such parents who have

15 limited access to services and supports, due to

16 economic, cultural, or linguistic barriers, are

17 provided with access to appropriate parent

18 training and information activities;

19 ‘‘(4) children with disabilities need information

20 that helps the children to understand their rights

21 and responsibilities under part B;

22 ‘‘(5) the provision of coordinated technical as23 sistance and dissemination of information to State

24 and local agencies, institutions of higher education,
195

•S 1578 RS

1 and other providers of services to children with dis2 abilities are essential in—

3 ‘‘(A) supporting the process of achieving

4 systems change outcomes;

5 ‘‘(B) supporting actions in areas of priority

6 specific to the improvement of early interven7 tion, educational, and transitional results for

8 children with disabilities;

9 ‘‘(C) conveying information and assistance

10 that are—

11 ‘‘(i) based on current research (as of

12 the date the information and assistance

13 are conveyed);

14 ‘‘(ii) accessible and meaningful for use

15 in supporting systems change activities of

16 State and local partnerships; and

17 ‘‘(iii) linked directly to improving

18 early intervention, educational, and transi19 tional services and results, for children

20 with disabilities and their families; and

21 ‘‘(D) organizing systems and information

22 networks for such information, based on mod23 ern technology related to—

24 ‘‘(i) storing and gaining access to in25 formation; and
196

•S 1578 RS

1 ‘‘(ii) distributing information in a sys2 tematic manner to parents, students, pro3 fessionals, and policymakers;

4 ‘‘(6) Federal support for carrying out tech5 nology research, technology development, and edu6 cational media services and activities has resulted in

7 major innovations that have significantly improved

8 early intervention, educational, and transitional serv9 ices and results, for children with disabilities and

10 their families; and

11 ‘‘(7) such Federal support is needed to—

12 ‘‘(A) stimulate the development of soft13 ware, interactive learning tools, and devices to

14 address early intervention, educational, and

15 transitional results for children with disabilities

16 who have certain disabilities;

17 ‘‘(B) make information available on tech18 nology research, technology development, and

19 educational media services and activities to in20 dividuals involved in the provision of early

21 intervention, educational, and transitional serv22 ices to children with disabilities;

23 ‘‘(C) promote the integration of technology

24 into curricula to improve early intervention,
197

•S 1578 RS

1 educational, and transitional results for children

2 with disabilities;

3 ‘‘(D) provide incentives for the develop4 ment of technology and media devices and tools

5 that are not readily found or available because

6 of the small size of potential markets;

7 ‘‘(E) make resources available to pay for

8 such devices and tools and educational media

9 services and activities;

10 ‘‘(F) promote the training of personnel

11 to—

12 ‘‘(i) provide such devices, tools, serv13 ices, and activities in a competent manner;

14 and

15 ‘‘(ii) assist children with disabilities

16 and their families in using such devices,

17 tools, services, and activities; and

18 ‘‘(G) coordinate the provision of such de19 vices, tools, services, and activities—

20 ‘‘(i) among State human services pro21 grams; and

22 ‘‘(ii) between such programs and pri23 vate agencies.

24 ‘‘(b) PURPOSES.—The purposes of this part are to

25 provide funding to ensure that—
198

•S 1578 RS

1 ‘‘(1) children with disabilities, and their par2 ents, receive training and information on their rights

3 and protections under the Act, in order to develop

4 the skills necessary to effectively participate in plan5 ning and decisionmaking relating to early interven6 tion, educational, and transitional services and in

7 systems change activities;

8 ‘‘(2) parents, teachers, administrators, early

9 intervention personnel, related services personnel,

10 and transition personnel receive coordinated and ac11 cessible technical assistance and information to as12 sist such persons through systems change activities

13 and other efforts, to improve early intervention, edu14 cational, and transitional services and results, for

15 children with disabilities and their families;

16 ‘‘(3) appropriate technology and media are re17 searched, developed, demonstrated, and made avail18 able in timely and accessible formats to parents,

19 teachers, and all types of personnel providing serv20 ices to children with disabilities to support their

21 roles as partners in the improvement and implemen22 tation of early intervention, educational, and transi23 tional services and results, for children with disabil24 ities and their families;
199

•S 1578 RS

1 ‘‘(4) children with disabilities understand (on

2 reaching the age of majority specified under appro3 priate State law) their rights and responsibilities

4 under part B, if the State provides for the transfer

5 of parental rights under section 615(j); and

6 ‘‘(5) the general welfare of deaf and hard-of7 hearing individuals is protected by—

8 ‘‘(A) bringing to such individuals under9 standing and appreciation of the films and tele10 vision programs that play an important part in

11 the general and cultural advancement of hear12 ing individuals;

13 ‘‘(B) providing through the films and tele14 vision programs enriched educational and cul15 tural experiences through which deaf and hard16 of-hearing individuals can better understand the

17 realities of their environment; and

18 ‘‘(C) providing wholesome and rewarding

19 experiences that deaf and hard-of-hearing indi20 viduals may share.

21 ‘‘SEC. 642. DEFINITIONS.

22 ‘‘As used in this part:

23 ‘‘(1) INDIVIDUAL WITH A DISABILITY; INDIVID24 UALS WITH DISABILITIES.—The terms ‘individual

25 with a disability’ and ‘individuals with disabilities’
200

•S 1578 RS

1 have the meanings given the terms in section 3 of

2 the Technology-Related Assistance for Individuals

3 With Disabilities Act of 1988 (29 U.S.C. 2202).

4 ‘‘(2) PARTNERING ENTITY.—The term

5 ‘partnering entity’ means an entity of a partnership

6 described in section 623(a).

7 ‘‘SEC. 643. PARENT TRAINING AND INFORMATION.

8 ‘‘(a) IN GENERAL.—

9 ‘‘(1) GRANTS.—

10 ‘‘(A) AUTHORITY.—The Secretary may

11 make grants to, or enter into contracts or coop12 erative agreements with, private, nonprofit or13 ganizations for the purpose of providing parent

14 training and information activities for parents

15 of children with disabilities, and persons who

16 work with such parents, to enable the parents

17 and persons to participate in, and conduct ad18 vocacy for, effective ways, including mediation,

19 to meet the needs of and improve early inter20 vention, educational, and transitional results for

21 children with disabilities.

22 ‘‘(B) CENTERS AND PROGRAMS.—Such ac23 tivities may be provided—

24 ‘‘(i) by an organization that operates

25 or intends, if funded, to operate a parent
201

•S 1578 RS

1 training and information center described

2 in subsection (b); and

3 ‘‘(ii) by a parent organization that op4 erates or intends, if funded, to operate a

5 community parent training and informa6 tion program described in subsection (c)

7 that is designed specifically to build capac8 ity of persons who work with parents of

9 children with disabilities who are members

10 of unserved and underserved populations,

11 to demonstrate and assist in the replica12 tion of models for such activities, and to

13 provide such activities to address the needs

14 of such parents.

15 ‘‘(C) PROPOSAL.—The Secretary shall

16 make such a grant to an organization that pro17 poses activities that are designed to meet the

18 unique training and information needs, as de19 termined by needs assessment data, of parents

20 of children with disabilities who are living in the

21 area to be served under the grant, particularly

22 parents of children with disabilities who are

23 members of unserved and underserved popu24 lations.
202

•S 1578 RS

1 ‘‘(2) ELIGIBLE ORGANIZATIONS; MEMBERSHIP

2 AND GOVERNANCE.—To be eligible to apply for a

3 grant under this section, an organization—

4 ‘‘(A) shall be governed by a board of direc5 tors that—

6 ‘‘(i) represents a coalition, of which a

7 majority of the members are parents of

8 children with disabilities, particularly par9 ents of children with disabilities who are

10 members of unserved and underserved pop11 ulations; and

12 ‘‘(ii) includes—

13 ‘‘(I) professionals in fields related

14 to the provision of early intervention

15 services, special education, and related

16 services; and

17 ‘‘(II) individuals with disabilities;

18 or

19 ‘‘(B) shall have a membership that rep20 resents the interests of individuals with disabil21 ities, and shall establish a special governing

22 committee—

23 ‘‘(i) of which a majority of the mem24 bers are parents of infants and toddlers
203

•S 1578 RS

1 with disabilities or of children with disabil2 ities;

3 ‘‘(ii) that includes—

4 ‘‘(I) professionals in fields related

5 to the provision of early intervention

6 services, special education, and related

7 services; and

8 ‘‘(II) individuals with disabilities;

9 and

10 ‘‘(iii) of which the parent and profes11 sional members are broadly representative

12 of the population to be served by the orga13 nization.

14 ‘‘(3) ELIGIBLE ORGANIZATIONS; CAPACITY AND

15 EXPERTISE.—To be eligible to apply for a grant

16 under this section, an organization shall demonstrate

17 the capacity and expertise necessary—

18 ‘‘(A) to conduct the parent training and

19 information activities described in paragraph

20 (1); and

21 ‘‘(B) to work with partnering entities car22 rying out State systems change activities under

23 part C, seeking to improve early intervention,

24 educational, and transitional services and re25 sults, for children with disabilities.
204

•S 1578 RS

1 ‘‘(b) PARENT TRAINING AND INFORMATION CEN2 TERS; AUTHORIZED ACTIVITIES.—Each organization that

3 receives a grant under subsection (a) to operate a parent

4 training and information center shall—

5 ‘‘(1) provide parent training and information

6 activities that meet the training and information

7 needs of all parents of children with disabilities liv8 ing in the area to be served under the grant, par9 ticularly parents of children with disabilities who are

10 members of unserved and underserved populations;

11 ‘‘(2) serve the parents of children with disabil12 ities who, collectively, have the full range of disabil13 ities;

14 ‘‘(3) assist the parents of children with disabil15 ities in better understanding the nature of the dis16 abilities of their children and the needs of their chil17 dren to obtain improved early intervention, edu18 cational, and transitional services and results;

19 ‘‘(4) assist such parents in communicating ef20 fectively with early intervention services personnel,

21 general and special education personnel, administra22 tors, and other relevant persons;

23 ‘‘(5) assist such parents in participating in deci24 sionmaking processes, including the development of

25 individualized education programs under part B and
205

•S 1578 RS

1 individualized family service plans under part H, for

2 children with disabilities;

3 ‘‘(6) assist such parents in obtaining appro4 priate information about the range of options, pro5 grams, supports, and resources available at national,

6 State, and local levels to assist children with disabil7 ities and their families;

8 ‘‘(7) assist such parents in understanding provi9 sions of this Act relating to the education of, and

10 provision of early intervention services for, children

11 with disabilities;

12 ‘‘(8) assist such parents in participating as in13 formed participants in State systems change activi14 ties, especially systems change activities funded

15 under part C;

16 ‘‘(9) ensure that parents of children who are

17 members of unserved and underserved populations,

18 or of inappropriately identified populations, and who

19 are being referred for or are receiving special edu20 cation services, are informed about problems con21 nected with inappropriately identifying such children

22 as described in section 602(a)(13);

23 ‘‘(10) assist children with disabilities, particu24 larly such children who are members of unserved

25 and underserved populations, in understanding their
206

•S 1578 RS

1 rights and responsibilities under this Act on reach2 ing the age of majority for the State in which such

3 a child resides, if the State provides for the transfer

4 of parental rights under section 615(j) to the chil5 dren;

6 ‘‘(11) report to the Secretary on—

7 ‘‘(A) the number of such parents for whom

8 the organization provided parent training and

9 information activities; and

10 ‘‘(B) the effectiveness of strategies used to

11 reach and serve such parents, including low-in12 come parents from urban areas, low-income

13 parents from rural areas, parents of children

14 with disabilities with limited-English pro15 ficiency, and parents with disabilities;

16 ‘‘(12) establish cooperative partnerships with all

17 other entities operating parent training and informa18 tion centers, including community parent training

19 and information programs described in subsection

20 (c), in the State in which the organization is operat21 ing a parent training and information center; and

22 ‘‘(13) consult and establish networks with ap23 propriate national, regional, and local agencies and

24 organizations, such as protection and advocacy agen25 cies, within the geographic area served by the orga-
207

•S 1578 RS

1 nization, that serve or assist children with disabil2 ities and their families.

3 ‘‘(c) COMMUNITY PARENT TRAINING AND INFORMA4 TION PROGRAMS; AUTHORIZED ACTIVITIES.—

5 ‘‘(1) IN GENERAL.—Each parent organization

6 that receives a grant under subsection (a) to carry

7 out a community parent training and information

8 program shall build the capacity, demonstrate and

9 assist in the replication of the models, and provide

10 the activities described in subsection (a)(1)(B)(ii).

11 ‘‘(2) PARENTS ASSISTED.—Each such grant re12 cipient shall build such capacity, demonstrate and

13 assist in the replication of such models, and provide

14 such activities, in a manner that will help ensure

15 that parents of children with disabilities who are

16 members of unserved and underserved populations

17 participate in parent training and information activi18 ties.

19 ‘‘(3) OBJECTIVES.—The services described in

20 paragraph (1) shall result in new capacity, dem21 onstrated and replicated models, and training and

22 information activities, needed to enable the parents

23 described in paragraph (2) to participate effectively

24 in helping their children with disabilities and to

25 serve as informed participants in systems change
208

•S 1578 RS

1 partnerships within their State, leading to improved

2 early intervention, educational, and transitional serv3 ices and results, for all children with disabilities and

4 their families.

5 ‘‘(4) COMMUNITY TRAINING AND INFORMATION

6 ACTIVITIES.—Such services shall—

7 ‘‘(A) include capacity building, demonstra8 tion and replication of models, and the provi9 sion of training and information activities, that

10 meet the needs of parents of children with dis11 abilities who are members of unserved and un12 derserved populations;

13 ‘‘(B) include activities carried out through

14 cooperative partnerships with the parent train15 ing and information centers;

16 ‘‘(C) include accommodations and strate17 gies to meet the specific needs of families who

18 experience significant isolation from available

19 sources of information and support;

20 ‘‘(D) demonstrate, utilize, and document

21 the use and effectiveness of, model approaches

22 to address the multiple needs of children with

23 disabilities who are members of unserved and

24 underserved populations; and
209

•S 1578 RS

1 ‘‘(E) ensure that parents of children who

2 are members of unserved and underserved pop3 ulations, or of inappropriately identified popu4 lations, and who are being referred for or are

5 receiving special education services, are in6 formed about problems connected with inappro7 priately identifying such children as described

8 in section 602(a)(13).

9 ‘‘(5) REPORT.—Each parent organization that

10 receives a grant under subsection (a) to operate a

11 community parent training and information program

12 shall report to the Secretary on—

13 ‘‘(A) the number of parents of children

14 with disabilities who are members of unserved

15 and underserved populations for whom the or16 ganization provided parent training and infor17 mation activities;

18 ‘‘(B) the effectiveness and impact of strat19 egies used to reach and serve such parents; and

20 ‘‘(C) the impact of the increased capacity

21 described in subsection (a)(1)(B)(ii) the provi22 sion of parent training and information activi23 ties and improved early intervention, edu24 cational, and transitional results for such chil25 dren.
210

•S 1578 RS

1 ‘‘(d) TECHNICAL ASSISTANCE; AUTHORIZED ACTIVI2 TIES.—The Secretary may provide technical assistance to

3 organizations to develop, coordinate, and disseminate the

4 following priority parent training and information activi5 ties:

6 ‘‘(1) Coordinating parent training efforts.

7 ‘‘(2) Providing or helping to disseminate infor8 mation to centers funded under this part.

9 ‘‘(3) Assisting the centers in evaluating their

10 activities under this part.

11 ‘‘(4) Promoting the use of technology by the

12 centers to make information available.

13 ‘‘(5) Reaching parents of children with disabil14 ities who are members of unserved and underserved

15 populations.

16 ‘‘(6) Including children with disabilities in gen17 eral education programs.

18 ‘‘(7)(A) Supporting the transition of children

19 with disabilities from—

20 ‘‘(i) early intervention services to pre21 school;

22 ‘‘(ii) preschool to elementary school; and

23 ‘‘(iii) secondary school to postsecondary

24 school and employment.
211

•S 1578 RS

1 ‘‘(B) Promoting mediation and alternative

2 methods of dispute resolution for children with dis3 abilities.

4 ‘‘(8) Assisting parent training and information

5 centers in becoming effective partners in State sys6 tems change activities, leading to improved early

7 intervention, educational, and transitional results for

8 children with disabilities.

9 ‘‘(e) APPLICATIONS.—Any eligible entity that wishes

10 to receive a grant under this section shall submit an appli11 cation to the Secretary at such time, in such manner, and

12 containing such information as the Secretary may require.

13 ‘‘(f) AUTHORIZATION OF APPROPRIATIONS.—There

14 are authorized to be appropriated to carry out this section

15 $13,600,000 for fiscal year 1998, and such sums as may

16 be necessary for each of fiscal years 1999 through 2002.

17 ‘‘SEC. 644. COORDINATED TECHNICAL ASSISTANCE AND

18 DISSEMINATION.

19 ‘‘(a) IN GENERAL.—The Secretary may, directly or

20 through grants, contracts, and cooperative agreements

21 with eligible entities, provide technical assistance and in22 formation through institutes, resource centers, clearing23 houses, and programs that support States and local enti24 ties in building capacity to improve early intervention,

25 educational, and transitional services and results, for chil-
212

•S 1578 RS

1 dren with disabilities and their families, and address sys2 tems change goals and priorities.

3 ‘‘(b) SYSTEMIC TECHNICAL ASSISTANCE; AUTHOR4 IZED ACTIVITIES.—In carrying out this section, the Sec5 retary may carry out or support any technical assistance

6 activities that are consistent with the objectives described

7 in subsection (a), including activities that—

8 ‘‘(1) assist States, local educational agencies,

9 and partnering entities with the process of planning

10 systemic changes that will promote improved early

11 intervention, educational, and transitional results for

12 children with disabilities;

13 ‘‘(2) promote change through a multistate or

14 regional framework that benefits States, local edu15 cational agencies, and partnering entities that are in

16 the process of achieving systems change outcomes;

17 ‘‘(3) increase the depth and utility of informa18 tion in ongoing and emerging areas of priority iden19 tified as needs by States, local educational agencies,

20 and partnering entities, that are in the process of

21 achieving systems change outcomes;

22 ‘‘(4) develop long-term working relationships

23 with States, local educational agencies, and other

24 partnering entities, by—
213

•S 1578 RS

1 ‘‘(A) developing familiarity with the prac2 tices, procedures, and policies of the States,

3 agencies, and entities;

4 ‘‘(B) providing services that are based on

5 the needs and concerns identified by the

6 partnering entities, rather than on externally

7 imposed criteria or topics;

8 ‘‘(C) focusing on accountability of the

9 States, agencies, and entities for improved early

10 intervention, educational, and transitional re11 sults for children with disabilities; and

12 ‘‘(D) coordinating with clearinghouses to

13 disseminate information and data on needs and

14 results of children with disabilities.

15 ‘‘(c) INTERORGANIZATIONAL TECHNICAL ASSIST16 ANCE; AUTHORIZED ACTIVITIES.—In carrying out this

17 section, the Secretary may carry out or support any activi18 ties that are consistent with the objectives described in

19 subsection (a), including activities for States, local edu20 cational agencies, and other partnering entities, that—

21 ‘‘(1) focus on major requirement areas of this

22 Act in which interorganizational issues are present

23 and are perceived to be barriers to systemic change

24 and to improved early intervention, educational, and

25 transitional results for children with disabilities;
214

•S 1578 RS

1 ‘‘(2) facilitate interorganizational collaboration

2 at Federal, State, and local levels in order to achieve

3 such change and such improved results; and

4 ‘‘(3) consist of extensive collaboration with non5 education entities (such as entities that provide serv6 ices for infants, early intervention services, mental

7 health services, health services, and vocational reha8 bilitation services) in order to facilitate systems

9 change outcomes and the improvement of early

10 intervention, educational, and transitional results for

11 children with disabilities.

12 ‘‘(d) SPECIALIZED TECHNICAL ASSISTANCE; AU13 THORIZED ACTIVITIES.—In carrying out this section, the

14 Secretary may carry out or support any activities that are

15 consistent with the objectives described in subsection (a),

16 including activities that—

17 ‘‘(1) focus on specific areas of high priority

18 need that—

19 ‘‘(A) are identified by States, local edu20 cational agencies, and other partnering entities;

21 ‘‘(B) require the development of new

22 knowledge, or the analysis and synthesis of sub23 stantial bodies of information not readily avail24 able to the States, agencies, and entities; and
215

•S 1578 RS

1 ‘‘(C) will contribute significantly to the im2 provement of early intervention, educational,

3 and transitional services and results, for chil4 dren with disabilities and their families;

5 ‘‘(2) focus on needs and issues that are specific

6 to a population of children with disabilities, such as

7 the provision of single State and multi-State tech8 nical assistance and inservice training to—

9 ‘‘(A) schools and agencies serving deaf10 blind children and their families; and

11 ‘‘(B) programs and agencies serving other

12 groups of children with low-incidence disabilities

13 and their families; and

14 ‘‘(3) address the postsecondary education needs

15 of individuals who are deaf or hard of hearing

16 through the operation of 4 model regional center

17 programs.

18 ‘‘(e) NATIONAL INFORMATION DISSEMINATION AND

19 REFERRAL; AUTHORIZED ACTIVITIES.—In carrying out

20 this section, the Secretary may carry out or support infor21 mation dissemination and referral activities that are con22 sistent with the objectives described in subsection (a), in23 cluding activities that address national needs for the prep24 aration and dissemination of information relating to elimi25 nating barriers to systems change outcomes and improving
216

•S 1578 RS

1 early intervention, educational, and transitional results for

2 children with disabilities, including information relating

3 to—

4 ‘‘(1) infants and toddlers with disabilities and

5 their families, and children with disabilities (includ6 ing youth with disabilities) and their families;

7 ‘‘(2) the provision of services and supports to

8 deaf-blind children;

9 ‘‘(3) the provision of services to blind and print

10 disabled children;

11 ‘‘(4) the provision of postsecondary services to

12 individuals with disabilities; and

13 ‘‘(5) the need for and use of personnel to pro14 vide services to children with disabilities.

15 ‘‘(f) NATIONAL TECHNICAL ASSISTANCE AND DIS16 SEMINATION COORDINATION ACTIVITIES; AUTHORIZED

17 ACTIVITIES.—In carrying out this section, the Secretary

18 may carry out or support any activities that are consistent

19 with the objectives described in subsection (a), including

20 activities that—

21 ‘‘(1) link and coordinate activities of—

22 ‘‘(A) all information and technical assist23 ance programs funded under this Act; and

24 ‘‘(B) other programs that support systems

25 change outcomes, including programs that in-
217

•S 1578 RS

1 volve early intervention, educational, or transi2 tional services;

3 ‘‘(2) coordinate national level information on is4 sues that—

5 ‘‘(A) are of critical interest to State edu6 cational agencies and local educational agencies,

7 other agency personnel, parents of children with

8 disabilities, and individuals with disabilities;

9 and

10 ‘‘(B) include issues relating to—

11 ‘‘(i) educational reform and systemic

12 change within States;

13 ‘‘(ii) interorganizational collaboration

14 and service provision;

15 ‘‘(iii) personnel recruitment, retention,

16 and preparation;

17 ‘‘(iv) services for populations of chil18 dren with low-incidence disabilities, includ19 ing deaf-blind children, and targeted age

20 groupings;

21 ‘‘(v) promoting schools that are safe

22 and conducive to learning; and

23 ‘‘(vi) State lead agencies that serve in24 fants and toddlers with disabilities;
218

•S 1578 RS

1 ‘‘(3) provide information on organizing systems

2 and information networks, concerning information

3 retrieval and dissemination; and

4 ‘‘(4) provide information concerning the value

5 and effectiveness of technical assistance and dissemi6 nation activities and their impact on improved early

7 intervention, educational, and transitional services

8 and results, for children with disabilities and their

9 families.

10 ‘‘(g) APPLICATIONS.—An eligible entity that wishes

11 to receive a grant under this section shall submit an appli12 cation to the Secretary at such time, in such manner, and

13 containing such information as the Secretary may require.

14 ‘‘(h) AUTHORIZATION OF APPROPRIATIONS.—There

15 are authorized to be appropriated to carry out this section

16 $49,434,000 for fiscal year 1998, and such sums as may

17 be necessary for each of fiscal years 1999 through 2002.

18 ‘‘SEC. 645. TECHNOLOGY DEVELOPMENT, DEMONSTRATION,

19 AND UTILIZATION AND MEDIA SERVICES.

20 ‘‘(a) IN GENERAL.—The Secretary may make grants

21 to, and enter into contracts and cooperative agreements

22 with, eligible entities and consortia of eligible entities, to

23 support activities described in subsections (b) and (c).

24 ‘‘(b) TECHNOLOGY DEVELOPMENT, DEMONSTRA25 TION AND UTILIZATION; AUTHORIZED ACTIVITIES.—In
219

•S 1578 RS

1 carrying out this section, the Secretary may support ac2 tivities that consist of—

3 ‘‘(1) conducting research and development ac4 tivities on the use of innovative and emerging tech5 nologies for children with disabilities;

6 ‘‘(2) promoting the demonstration and use of

7 innovative and emerging technologies for children

8 with disabilities by improving and expanding the

9 transfer of technology from research and develop10 ment to practice;

11 ‘‘(3) providing technical assistance to recipients

12 of assistance under this section in the development

13 of accessible, effective, and usable products;

14 ‘‘(4) communicating information on available

15 technology and the uses of such technology to assist

16 children with disabilities;

17 ‘‘(5) supporting the implementation of research

18 programs on captioning or video description;

19 ‘‘(6) supporting research, development, and dis20 semination of technology with universal design fea21 tures, so that the technology is accessible to children

22 with disabilities without further modification or ad23 aptation; and

24 ‘‘(7) demonstrating the use of publicly funded

25 telecommunications systems to provide parents and
220

•S 1578 RS

1 teachers with information and training concerning

2 early diagnosis of, intervention for, and effective

3 teaching strategies for young children with reading

4 disabilities.

5 ‘‘(c) EDUCATIONAL MEDIA SERVICES; AUTHORIZED

6 ACTIVITIES.—In carrying out this section, the Secretary

7 may support activities that consist of—

8 ‘‘(1) carrying out educational media activities

9 that are designed to be of educational value to chil10 dren with disabilities;

11 ‘‘(2) providing video description, open caption12 ing, or closed captioning of television programs, vid13 eos, or educational materials;

14 ‘‘(3) distributing captioned and described videos

15 or educational materials;

16 ‘‘(4) providing, through the national education

17 library for the blind and print-disabled, recorded

18 free educational materials, including textbooks, for

19 visually impaired and print-disabled students in ele20 mentary, secondary, postsecondary, and graduate

21 schools;

22 ‘‘(5) providing, through the National Theater of

23 the Deaf and other means, cultural experiences—

24 ‘‘(A) enriching the lives of deaf and hard25 of-hearing children and adults;
221

•S 1578 RS

1 ‘‘(B) increasing public awareness and un2 derstanding of deafness and of the artistic and

3 intellectual achievements of deaf and hard-of4 hearing persons; and

5 ‘‘(C) promoting the integration of hearing,

6 deaf, and hard-of-hearing persons through

7 shared cultural, educational, and social experi8 ences; and

9 ‘‘(6) compiling and evaluating appropriate data

10 relating to the activities described in paragraphs (1)

11 through (5).

12 ‘‘(d) APPLICATIONS.—Any eligible entity that wishes

13 to receive a grant under this section shall submit an appli14 cation to the Secretary at such time, in such manner, and

15 containing such information as the Secretary may require.

16 ‘‘(e) AUTHORIZATION OF APPROPRIATIONS.—There

17 are authorized to be appropriated to carry out this section

18 $30,000,000 for fiscal year 1998, and such sums as may

19 be necessary for each of fiscal years 1999 through 2002.’’.

20 SEC. 502. CONFORMING AMENDMENTS.

21 (a) INDIVIDUALS WITH DISABILITIES EDUCATION

22 ACT.—Section 715 (20 U.S.C. 1491n) is amended by

23 striking ‘‘nothing in parts A through H of this title’’ and

24 inserting ‘‘no provision of this title, other than a provision

25 of this part,’’.
222

•S 1578 RS

1 (b) DEVELOPMENTAL DISABILITIES ASSISTANCE

2 AND BILL OF RIGHTS ACT.—Section 124(c)(4)(F)(ii) of

3 the Developmental Disabilities Assistance and Bill of

4 Rights Act (42 U.S.C. 6024(c)(4)(F)(ii)) is amended by

5 striking ‘‘part D’’ and inserting ‘‘part E’’.

6 SEC. 503. REAUTHORIZATIONS FOR FISCAL YEAR 1997.

7 (a) REAUTHORIZATION FOR FISCAL YEAR 1997 OF

8 AUTHORITIES RELATING TO RESEARCH IN THE EDU9 CATION OF INDIVIDUALS WITH DISABILITIES.—Section

10 643 of the Individuals with Disabilities Education Act (20

11 U.S.C. 1443) is amended by striking ‘‘fiscal year 1994’’

12 and inserting ‘‘each of fiscal years 1994 through 1997’’.

13 (b) REAUTHORIZATION FOR FISCAL YEAR 1997 OF

14 AUTHORITIES RELATING TO INSTRUCTIONAL MEDIA FOR

15 INDIVIDUALS WITH DISABILITIES.—Section 653 of the

16 Individuals with Disabilities Education Act (20 U.S.C.

17 1454) is amended by striking ‘‘fiscal year 1994’’ and in18 serting ‘‘each of fiscal years 1994 through 1997’’.

19 (c) REAUTHORIZATION FOR FISCAL YEAR 1997 OF

20 AUTHORITIES RELATING TO TECHNOLOGY, EDU21 CATIONAL MEDIA, AND MATERIALS FOR INDIVIDUALS

22 WITH DISABILITIES.—Section 662 of the Individuals with

23 Disabilities Education Act (20 U.S.C. 1462) is amended

24 by striking ‘‘fiscal year 1994’’ and inserting ‘‘each of fiscal

25 years 1994 through 1997’’.
223

•S 1578 RS

1 SEC. 504. EFFECTIVE DATE.

2 The amendments made by this title, other than the

3 amendments made by section 503, shall take effect on Oc4 tober 1, 1997.

5 TITLE VI—INFANTS AND

6 TODDLERS WITH DISABILITIES

7 SEC. 601. FINDINGS AND POLICY.

8 Section 671(b) (20 U.S.C. 1471(b)) is amended—

9 (1) in paragraph (1), by striking ‘‘program’’

10 and inserting ‘‘system’’;

11 (2) at the end of paragraph (2), by striking

12 ‘‘and’’;

13 (3) in paragraph (3), by striking the period and

14 inserting ‘‘, and’’; and

15 (4) by adding at the end the following:

16 ‘‘(4) to encourage States to expand opportuni17 ties for infants and toddlers with disabilities who are

18 at risk of having substantial developmental delays if

19 early intervention services are not provided to the in20 fants and toddlers.’’.

21 SEC. 602. DEFINITIONS.

22 (a) INFANT OR TODDLER WITH A DISABILITY.—Sec23 tion 672(1) (20 U.S.C. 1472(1)) is amended—

24 (1) by striking ‘‘(1)’’ and inserting ‘‘(4) IN25 FANT OR TODDLER WITH A DISABILITY.—’’;

26 (2) in the matter preceding subparagraph (A)—
224

•S 1578 RS

1 (A) by striking ‘‘The term ‘infants and

2 toddlers with disabilities’ means individuals’’

3 and inserting ‘‘The term ‘infant or toddler with

4 a disability’ means a child’’; and

5 (B) by striking ‘‘birth to age 2, inclusive,

6 who need early intervention services because

7 they’’ and inserting ‘‘birth through age 2 needs

8 early intervention services because the child’’;

9 (3) in subparagraph (A), by striking ‘‘are expe10 riencing developmental delays’’ and inserting ‘‘is ex11 periencing a developmental delay’’;

12 (4) in subparagraph (B)—

13 (A) by striking ‘‘have’’ and inserting

14 ‘‘has’’; and

15 (B) by striking ‘‘which’’ and inserting

16 ‘‘that’’; and

17 (5) by striking the second sentence and insert18 ing the following: ‘‘Such term may also include, at

19 the discretion of a State, a child from birth through

20 age 2 who is at risk of having a substantial devel21 opmental delay if early intervention services are not

22 provided (referred to individually in this part as an

23 ‘at risk infant or toddler’ and collectively in this part

24 as ‘at risk infants and toddlers’).’’.
225

•S 1578 RS

1 (b) HEADINGS.—Section 672 (20 U.S.C. 1472) is

2 amended—

3 (1) by striking all that precedes paragraph (4)

4 (as redesignated in subsection (a)) and inserting the

5 following:

6 ‘‘SEC. 672. DEFINITIONS.

7 ‘‘As used in this part:’’;

8 (2) in paragraph (2), by striking ‘‘(2)’’ and in9 serting ‘‘(3) EARLY INTERVENTION SERVICES.—’’;

10 (3) in paragraph (3), by striking ‘‘(3)’’ and in11 serting ‘‘(2) DEVELOPMENTAL DELAY.—’’;

12 (4) in paragraph (4), by striking ‘‘(4)’’ and in13 serting ‘‘(1) COUNCIL.—’’;

14 (5) by moving paragraph (2) (as redesignated

15 in paragraph (3)) to the end of the section;

16 (6) by moving paragraph (3) (as redesignated

17 in paragraph (2)) to the end of the section; and

18 (7) by moving paragraph (4) (as redesignated

19 in subsection (a)) to the end of the section.

20 (c) INFANTS AND TODDLERS WITH DISABILITIES.—

21 Section 672 (20 U.S.C. 1472) is amended by adding at

22 the end the following:

23 ‘‘(5) INFANTS AND TODDLERS WITH DISABIL24 ITIES.—The term ‘infants and toddlers with disabil-
226

•S 1578 RS

1 ities’ means more than 1 infant or toddler with a

2 disability.’’.

3 SEC. 603. GENERAL AUTHORITY.

4 Section 673 (20 U.S.C. 1473) is amended by striking

5 ‘‘develop’’ and inserting ‘‘implement’’.

6 SEC. 604. ELIGIBILITY.

7 Section 674 (20 U.S.C. 1474) is amended—

8 (1) by striking the heading and inserting the

9 following:

10 ‘‘ELIGIBILITY’’;

11 and

12 (2) by striking ‘‘State has established’’ and all

13 that follows and inserting ‘‘State has in effect the

14 statewide system that is required by section 676.’’.

15 SEC. 605. CONTINUING ELIGIBILITY.

16 Section 675 (20 U.S.C. 1475) is repealed.

17 SEC. 606. REQUIREMENTS FOR STATEWIDE SYSTEM.

18 (a) IN GENERAL.—Section 676(a) (20 U.S.C.

19 1476(a)) is amended—

20 (1) by striking ‘‘statewide system of’’ and in21 serting ‘‘statewide,’’; and

22 (2) by striking ‘‘programs providing’’ and in23 serting ‘‘system that provides’’.

24 (b) MINIMUM COMPONENTS.—Section 676(b) (20

25 U.S.C. 1476(b) is amended—
227

•S 1578 RS

1 (1) in paragraph (1), by striking ‘‘developmen2 tally delayed’’ and inserting ‘‘developmental delay’’;

3 (2) by striking paragraph (2) and inserting the

4 following:

5 ‘‘(2) a State policy in effect ensuring that ap6 propriate early intervention services are available to

7 all infants and toddlers with disabilities (including

8 Indian infants and toddlers with disabilities on res9 ervations) in the State and their families,’’;

10 (3) in paragraph (6), by striking ‘‘infants with’’

11 and inserting ‘‘infants and toddlers with’’;

12 (4) in paragraph (8)—

13 (A) in the matter preceding subparagraph

14 (A), by striking ‘‘613(a)(3)’’ and inserting

15 ‘‘612(a)(14)’’;

16 (B) in subparagraph (C), by inserting after

17 ‘‘rural areas’’ the following: ‘‘and inner city

18 areas’’; and

19 (C) in subparagraph (D), by striking ‘‘a

20 preschool program under section 619 of part

21 B.’’ and inserting ‘‘preschool or other appro22 priate services,’’;

23 (5) at the end of paragraph (13), by striking

24 ‘‘and’’;
228

•S 1578 RS

1 (6) in paragraph (14), by striking ‘‘on the num2 bers of infants’’ and all that follows and inserting

3 ‘‘that is requested by the Secretary under section

4 618 and that relates to this part, and’’; and

5 (7) by adding at the end the following:

6 ‘‘(15) a Council that meets the requirements of

7 section 682.’’.

8 SEC. 607. INDIVIDUALIZED FAMILY SERVICE PLAN.

9 Section 677 (20 U.S.C. 1477) is amended—

10 (1) in subsection (a)(3), by striking ‘‘or guard11 ian’’;

12 (2) in subsection (d)(8)—

13 (A) by striking ‘‘supporting’’ and inserting

14 ‘‘to support’’; and

15 (B) by striking ‘‘services provided’’ and all

16 that follows and inserting ‘‘preschool or other

17 appropriate services.’’; and

18 (3) in subsection (e), by striking ‘‘or guardian’’

19 each place it appears.

20 SEC. 608. STATE APPLICATION AND ASSURANCES.

21 (a) APPLICATION.—Section 678(a) (20 U.S.C.

22 1478(a)) is amended—

23 (1) in paragraph (3), by striking the comma at

24 the end and inserting the following: ‘‘, including—
229

•S 1578 RS

1 ‘‘(A) information demonstrating to the sat2 isfaction of the Secretary that the State has in

3 effect a statewide system required by section

4 676, and

5 ‘‘(B) a description of services to be pro6 vided to infants and toddlers with disabilities

7 and their families under this part,’’;

8 (2) by striking paragraph (4) and inserting the

9 following:

10 ‘‘(4) a statement regarding whether the State

11 will serve at risk infants and toddlers as infants and

12 toddlers with disabilities,’’;

13 (3) in paragraph (6), by striking ‘‘, for the fifth

14 and succeeding fiscal years,’’; and

15 (4) by striking paragraph (8) and inserting the

16 following:

17 ‘‘(8) a description of the policies and procedures

18 to be used—

19 ‘‘(A) to ensure a smooth transition for

20 children who are infants and toddlers with dis21 abilities receiving early intervention services

22 under this part to preschool or other appro23 priate services, including a description of—
230

•S 1578 RS

1 ‘‘(i) how the family of such a child

2 will be included in the transition plans re3 quired by subparagraph (C), and

4 ‘‘(ii) how the lead agency designated

5 or established under section 676(b)(9)

6 will—

7 ‘‘(I) notify the local educational

8 agency for the area in which such a

9 child resides that the child will shortly

10 reach the age for eligibility for pre11 school services under part B, as deter12 mined in accordance with State law,

13 ‘‘(II) in the case of such a child

14 who may be eligible for such preschool

15 services, with the approval of the fam16 ily of the child, convene a conference

17 among the lead agency, the family,

18 and the local educational agency at

19 least 90 days (and at the discretion of

20 all such parties, up to 6 months) be21 fore the child is eligible for the pre22 school services, to discuss any such

23 services that the child may receive,

24 and
231

•S 1578 RS

1 ‘‘(III) in the case of such a child

2 who may not be eligible for such pre3 school services, with the approval of

4 the family, make reasonable efforts to

5 convene a conference among the lead

6 agency, the family, and providers of

7 other appropriate services for children

8 who are not eligible for preschool serv9 ices under part B, to discuss the ap10 propriate services that the child may

11 receive,

12 ‘‘(B) to review the program options for the

13 child for the period beginning on the third

14 birthday of the child and ending on the last day

15 of the school year in which such birthday oc16 curs, and

17 ‘‘(C) to establish a transition plan for the

18 child, and’’.

19 (b) STATEMENT OF ASSURANCES.—Section

20 678(b)(7) (20 U.S.C. 1478(b)(7)) is amended—

21 (1) by striking ‘‘beginning in fiscal year 1992,’’;

22 and

23 (2) by striking ‘‘and rural’’ and inserting

24 ‘‘rural, and inner city’’.
232

•S 1578 RS

1 SEC. 609. USES OF FUNDS.

2 Section 679 (20 U.S.C. 1479) is amended—

3 (1) in the matter preceding paragraph (1), by

4 striking ‘‘plan, develop, and’’;

5 (2) at the end of paragraph (2), by striking

6 ‘‘and’’;

7 (3) in paragraph (3), by striking the period and

8 inserting ‘‘, and’’; and

9 (4) by adding at the end is the following:

10 ‘‘(4) in any State that does not provide services

11 for at risk infants and toddlers under section

12 676(a), to strengthen the statewide system by initi13 ating, expanding, or improving collaborative efforts

14 related to at risk infants and toddlers, including es15 tablishing linkages with appropriate public, and pri16 vate, community-based organizations, services, and

17 personnel, for the purposes of—

18 ‘‘(A) identifying and evaluating at risk in19 fants and toddlers,

20 ‘‘(B) making referrals of the infants and

21 toddlers identified and evaluated under sub22 paragraph (A), and

23 ‘‘(C) conducting periodic followup on each

24 such referral to determine if the status of the

25 infant or toddler involved has changed with re-
233

•S 1578 RS

1 spect to the eligibility of the infant or toddler

2 under this part.’’.

3 SEC. 610. PROCEDURAL SAFEGUARDS.

4 Section 680 (20 U.S.C. 1480) is amended by striking

5 the matter preceding ‘‘The procedural’’ and inserting the

6 following:

7 ‘‘SEC. 680. PROCEDURAL SAFEGUARDS.

8 ‘‘(a) MINIMUM PROCEDURES.—’’.

9 (b) PROCEDURES.—Section 680(a) (20 U.S.C.

10 1480(a)) (as designated in subsection (a)) is amended—

11 (1) in the matter preceding paragraph (1), by

12 striking ‘‘The’’ and all that follows through ‘‘follow13 ing:’’ and inserting ‘‘To meet the requirement of sec14 tion 672(b)(12), each State, in providing a statewide

15 system under this part, shall, through State statute,

16 regulation, or other written policy, provide at a mini17 mum for the following:’’;

18 (2) in the second sentence of paragraph (1), by

19 striking ‘‘, which action may be brought’’;

20 (3) in paragraph (2), by striking ‘‘or guard21 ians’’;

22 (4) in paragraph (3), by striking ‘‘or guardian’’;

23 (5) in paragraph (4), by striking ‘‘or a guard24 ian’’;
234

•S 1578 RS

1 (6) in paragraph (5), by striking ‘‘or guardian’’

2 each place it appears;

3 (7) in paragraph (6), by striking ‘‘or guardian’’;

4 (8) in paragraph (7)—

5 (A) by striking ‘‘or guardian’’; and

6 (B) by striking ‘‘or guardian’s’’;

7 (9) in paragraph (8)—

8 (A) by striking ‘‘or guardian’’; and

9 (B) by striking the following:

10 ‘‘(8) During’’ and inserting the following:

11 ‘‘(b) SERVICES DURING PENDENCY OF PROCEED12 INGS.—The procedural safeguards required to be included

13 in a statewide system under section 676(b)(12) shall also

14 include a measure to ensure that during’’; and

15 (10) by inserting after paragraph (7) the fol16 lowing:

17 ‘‘(8) The right to use mediation in accordance

18 with section 615(e), except that—

19 ‘‘(A) a reference in such section to the

20 State educational agency shall be considered to

21 refer to the lead agency of the State designated

22 or established under section 676(b)(9), and

23 ‘‘(B) a reference in such section to a public

24 agency shall be understood to refer to a local
235

•S 1578 RS

1 services provider or the lead agency, as the case

2 may be.’’.

3 SEC. 611. STATE INTERAGENCY COORDINATING COUNCIL.

4 (a) COMPOSITION.—Section 682(b)(1) (20 U.S.C.

5 1482(b)(1)) is amended—

6 (1) in subparagraph (E)—

7 (A) by striking ‘‘At least one member shall

8 be’’ and inserting ‘‘There shall be at least one

9 member’’;

10 (B) by striking ‘‘families and’’ and insert11 ing the following: ‘‘families, and from any other

12 State agency involved in the provision of serv13 ices to at risk infants and toddlers, and each

14 such member’’; and

15 (C) by striking ‘‘such agencies’’ and insert16 ing ‘‘the appropriate agency’’; and

17 (2) by adding after subparagraph (G) the fol18 lowing:

19 ‘‘(H) At least one member shall be a represent20 ative from a Head Start agency or Head Start pro21 gram in the State.

22 ‘‘(I) At least one member shall be a representa23 tive from the State agency responsible for child

24 care.’’.
236

•S 1578 RS

1 (b) FUNCTIONS OF COUNCIL.—Section 682(e) (20

2 U.S.C. 1482(e)) is amended—

3 (1) in paragraph (1)(C), by striking ‘‘services

4 provided’’ and all that follows and inserting ‘‘pre5 school or other appropriate services, and’’;

6 (2) in paragraph (2), by striking ‘‘children’’

7 and all that follows and inserting ‘‘children from

8 birth through age 5.’’; and

9 (3) by inserting after paragraph (2) the follow10 ing:

11 ‘‘(3) The Council may advise appropriate agencies in

12 the State with respect to the integration of services for

13 infants and toddlers with disabilities (including at risk in14 fants and toddlers) and their families, regardless of wheth15 er at risk infants and toddlers are eligible for early inter16 vention services in the State.’’.

17 (c) EXISTING COUNCILS.—Section 682 (20 U.S.C.

18 1482) is amended by striking subsection (g).

19 SEC. 612. CONFORMING AMENDMENT.

20 Section 683(3) (20 U.S.C. 1483(3)) is amended by

21 striking ‘‘intermediate educational agencies’’ and inserting

22 ‘‘educational service agencies’’.

23 SEC. 613. ALLOCATION OF FUNDS.

24 (a) RESERVATION.—Section 684(a) (20 U.S.C.

25 1484(a)) is amended—
237

•S 1578 RS

1 (1) by striking ‘‘(a)’’ and inserting ‘‘(a)(1)’’;

2 (2) by inserting after ‘‘reserve’’ the following:

3 ‘‘up to’’; and

4 (3) by adding at the end the following:

5 ‘‘(2) The provisions of section 501 of Public Law 95–

6 134 (48 U.S.C. 1469a) (relating to permitting the consoli7 dation of grants to insular areas referred to in such sec8 tion) shall not apply to funds the areas receive under this

9 part.’’.

10 (b) TRIBES.—Section 684(b) (20 U.S.C. 1484(b)) is

11 amended—

12 (1) in paragraph (2)—

13 (A) by striking ‘‘The Secretary’’ and all

14 that follows through ‘‘tribal organization shall

15 receive an amount based’’ and inserting ‘‘For

16 each fiscal year, the Secretary of the Interior

17 shall distribute the entire amount of a payment

18 received under paragraph (1) by providing to

19 each such tribe or tribal organization an

20 amount based’’;

21 (B) by striking ‘‘the reservation’’ and in22 serting ‘‘the reservation involved’’; and

23 (C) by striking ‘‘all tribes’’ and inserting

24 ‘‘all such tribes’’; and

25 (2) in paragraph (4)—
238

•S 1578 RS

1 (A) in the first sentence, by striking ‘‘chil2 dren aged 0-2, inclusive,’’ and inserting ‘‘chil3 dren from birth through age 2’’; and

4 (B) in the third sentence, by striking

5 ‘‘public or private nonprofit organizations’’ and

6 inserting ‘‘public or private nonprofit agencies

7 or organizations’’.

8 (c) FEDERAL INTERAGENCY COORDINATING COUN9 CIL AND PANEL OF EXPERTS.—Section 684 (20 U.S.C.

10 1484) is amended—

11 (1) by redesignating subsections (c) and (d) as

12 subsections (e) and (f), respectively; and

13 (2) by inserting after subsection (b) the follow14 ing:

15 ‘‘(c) The Secretary shall reserve up to .0005 of the

16 amount appropriated under section 687 for any fiscal year

17 for the operation of the Federal Interagency Coordinating

18 Council established under section 685, other than activi19 ties of the panel of experts carried out under section 686.

20 ‘‘(d) The Secretary may reserve up to $100,000 for

21 the expenses of the panel of experts established under sec22 tion 686.’’.

23 (d) REMAINDER.—Section 684 (20 U.S.C 1484) is

24 amended in subsection (e) (as redesignated in subsection

25 (c)(1))—
239

•S 1578 RS

1 (1) in paragraph (1)—

2 (A) by striking ‘‘(3), (4), and (5)’’ and in3 serting ‘‘(2), (3), and (4)’’; and

4 (B) by striking ‘‘(a) and (b)’’ and inserting

5 ‘‘(a) through (d) and section 618(e)’’;

6 (2) by striking paragraph (2);

7 (3) by redesignating paragraphs (3) through

8 (6) as paragraphs (2) through (5), respectively;

9 (4) in paragraph (2) (as redesignated in para10 graph (3))—

11 (A) in the text preceding subparagraph

12 (A), by striking ‘‘paragraphs (4) and (5)’’ and

13 inserting ‘‘paragraphs (3) and (4)’’; and

14 (B) in subparagraph (A), by striking ‘‘, ex15 cluding’’ and all that follows and inserting a

16 semicolon;

17 (5) in paragraph (3) (as redesignated in para18 graph (3)), in subparagraph (A), by striking ‘‘(5)’’

19 and inserting ‘‘(4)’’; and

20 (6) in paragraph (5) (as redesignated in para21 graph (3))—

22 (A) in the text preceding subparagraph

23 (A), by striking ‘‘paragraph (1)’’ and inserting

24 ‘‘this subsection’’;
240

•S 1578 RS

1 (B) in subparagraph (A), by striking ‘‘chil2 dren from birth to age 2, inclusive,’’ and insert3 ing ‘‘children from birth through age 2;’’; and

4 (C) in subparagraph (B), by striking ‘‘does

5 not include’’ and all that follows and inserting

6 ‘‘means each of the several States, the District

7 of Columbia, and the Commonwealth of Puerto

8 Rico.’’.

9 (e) REALLOTMENT.—Section 684(f) (20 U.S.C.

10 1484(f)) is amended by striking ‘‘(c)(1)’’ and inserting

11 ‘‘(e)(1)’’.

12 SEC. 614. FEDERAL INTERAGENCY COORDINATING COUN13 CIL.

14 (a) ESTABLISHMENT AND PURPOSE.—Section

15 685(a)(1)(A) (20 U.S.C. 1484a(a)(1)(A)) is amended by

16 striking ‘‘relating to early intervention’’ and all that fol17 lows and inserting ‘‘across Federal, State, and local agen18 cies, relating to—

19 ‘‘(i) early intervention services for in20 fants and toddlers with disabilities (includ21 ing at risk infants and toddlers) and their

22 families; and

23 ‘‘(ii) preschool or other appropriate

24 services for children with disabilities;’’.
241

•S 1578 RS

1 (b) COMPOSITION.—Section 685(b) (20 U.S.C.

2 1484a(b)) is amended—

3 (1) in paragraph (2), by inserting before the

4 semicolon the following: ‘‘and a representative of the

5 Office of Educational Research and Improvement;’’;

6 (2) in paragraph (15), by inserting after ‘‘a

7 representative of’’ the following: ‘‘the Children’s Bu8 reau, and a representative of the Head Start Bu9 reau, of’’;

10 (3) in paragraph (16), by striking ‘‘Alcohol,

11 Drug Abuse and Mental Health Administration’’ and

12 inserting ‘‘Substance Abuse and Mental Health

13 Services Administration’’;

14 (4) in paragraph (17), by striking ‘‘Aids’’ and

15 inserting ‘‘AIDS’’; and

16 (5) in paragraph (18)—

17 (A) by striking ‘‘at least 3’’; and

18 (B) by inserting after ‘‘12 or under’’ the

19 following: ‘‘(which parents shall constitute at

20 least 20 percent of the members of the coun21 cil)’’.

22 (c) FUNCTIONS OF THE COUNCIL.—Section

23 685(d)(1) (20 U.S.C. 1484a(d)(1)) is amended by striking

24 ‘‘Secretary in the performance’’ and all that follows and

25 inserting ‘‘Secretary of Education, Secretary of Health
242

•S 1578 RS

1 and Human Services, Secretary of Defense, Secretary of

2 the Interior, Secretary of Agriculture, and Commissioner

3 of Social Security in the performance of their responsibil4 ities related to serving children from birth through age

5 5 who are eligible for services under this part or under

6 part B;’’.

7 (d) FEDERAL ADVISORY COMMISSION ACT INAP8 PLICABLE.—Section 685 (20 U.S.C. 1484a) is amended

9 by adding at the end the following:

10 ‘‘(f) FEDERAL ADVISORY COMMITTEE ACT.—The

11 Federal Advisory Committee Act (5 U.S.C. App.) shall not

12 apply to the establishment or operation of the council.’’.

13 SEC. 615. STUDY OF DEFINITION OF DEVELOPMENTAL

14 DELAY.

15 Part H (20 U.S.C. 1471 et seq.) is amended—

16 (1) by striking section 686; and

17 (2) by adding at the end the following:

18 ‘‘SEC. 686. STUDY OF DEFINITION OF DEVELOPMENTAL

19 DELAY.

20 ‘‘(a) PANEL OF EXPERTS.—

21 ‘‘(1) IN GENERAL.—Not later than 3 months

22 after the date of enactment of the Individuals with

23 Disabilities Education Act Amendments of 1996, the

24 Federal Interagency Coordinating Council estab25 lished under section 685 shall convene a panel of ex-
243

•S 1578 RS

1 perts to develop recommendations to the Secretary

2 for a model definition of the term ‘developmental

3 delay’, to assist States in implementing section

4 676(b)(1).

5 ‘‘(2) MEMBERS.—The panel shall include recog6 nized experts in—

7 ‘‘(A) health and child development, whose

8 work includes—

9 ‘‘(i) the evaluation and assessment of

10 infants and toddlers with disabilities;

11 ‘‘(ii) the study of congenital or

12 perinatal disorders in children; or

13 ‘‘(iii) the measurement of developmen14 tal milestones in infants and toddlers;

15 ‘‘(B) the administration of disability pro16 grams for young children; and

17 ‘‘(C) other fields that the Secretary finds

18 to be appropriate.

19 ‘‘(3) OTHER MEMBERSHIP REQUIREMENTS.—

20 The panel shall—

21 ‘‘(A) have no more than 12 members; and

22 ‘‘(B) include at least 1 parent of a child

23 with a disability who is younger than age 6.

24 ‘‘(b) DUTIES.—In developing the recommendations

25 referred to in subsection (a)(1), the panel shall—
244

•S 1578 RS

1 ‘‘(1) review the definition of infants and tod2 dlers with disabilities specified in section 672(1);

3 ‘‘(2) conduct an analysis of the criteria that are

4 used by States under this part to determine whether

5 an individual has a developmental delay or a diag6 nosed physical or mental condition, for purposes of

7 ascertaining whether the individual is an infant or

8 toddler with a disability; and

9 ‘‘(3) consider the appropriateness of defining

10 the term ‘developmental delay’ to include the com11 bination of a multiplicity of factors that, when taken

12 together, have a high probability of resulting in de13 velopmental delay (as specified in the remainder of

14 the definition) if early intervention services are not

15 provided.

16 ‘‘(c) PANEL RECOMMENDATIONS.—The panel shall

17 prepare and submit to the Secretary a report containing

18 the recommendations developed under subsection (a) not

19 later than 9 months after the date of enactment of the

20 Individuals with Disabilities Education Act Amendments

21 of 1996.

22 ‘‘(d) MODEL DEFINITION.—After receiving the rec23 ommendations, the Secretary shall—

24 ‘‘(1) publish the recommendations in the Fed25 eral Register;
245

•S 1578 RS

1 ‘‘(2) give interested parties an opportunity to

2 submit written comments on the recommendations;

3 and

4 ‘‘(3) disseminate a model definition based on

5 the recommendations, along with a summary of com6 ments received.

7 ‘‘(e) FEDERAL ADVISORY COMMISSION ACT INAP8 PLICABLE.—The Federal Advisory Committee Act (5

9 U.S.C. App.) shall not apply to the establishment or oper10 ation of the panel.’’.

11 SEC. 616. AUTHORIZATION OF APPROPRIATIONS.

12 Part H (20 U.S.C. 1471 et seq.) (as amended in sec13 tion 615) is further amended by adding at the end the

14 following:

15 ‘‘SEC. 687. AUTHORIZATION OF APPROPRIATIONS.

16 ‘‘There are authorized to be appropriated to carry out

17 this part such sums as may be necessary for each of the

18 fiscal years 1996 through 2002.’’.

19 SEC. 617. EFFECTIVE DATE.

20 This title, and the amendments made by this title,

21 shall take effect on October 1, 1997.

22 SECTION 1. SHORT TITLE.

23 This Act may be cited as the ‘‘Individuals with Dis24 abilities Education Act Amendments of 1996’’.
246

•S 1578 RS

1 SEC. 2. TABLE OF CONTENTS.

2 The table of contents for this Act is as follows:

Sec. 1. Short title.

Sec. 2. Table of contents.

Sec. 3. References.

TITLE I—GENERAL PROVISIONS

Sec. 101. Findings.

Sec. 102. Definitions.

Sec. 103. Office of Special Education Programs.

Sec. 104. Requirements for prescribing regulations.

Sec. 105. Eligibility for financial assistance.

Sec. 106. Administrative provisions applicable to discretionary assistance

programs.

Sec. 107. Repeals.

Sec. 108. Transition rule.

Sec. 109. Effective date.

TITLE II—ASSISTANCE FOR EDUCATION OF ALL CHILDREN WITH

DISABILITIES

Sec. 201. Entitlements and allocations.

Sec. 202. State eligibility.

Sec. 203. Local educational agency and State agency eligibility.

Sec. 204. Evaluations, individualized education programs, and educational placements.

Sec. 205. Chapter 1 State agencies.

Sec. 206. Procedural safeguards.

Sec. 207. Withholding and judicial review.

Sec. 208. Administration.

Sec. 209. Evaluation and program information.

Sec. 210. Preschool grants.

Sec. 211. Payments.

Sec. 212. Applicability of definitions.

Sec. 213. Conforming and technical amendments.

Sec. 214. Effective dates.

TITLE III—SYSTEMS CHANGE

Sec. 301. Systems change.

Sec. 302. Reauthorization for fiscal year 1997 of authorities relating to centers

and services to meet special needs of individuals with

disabilities.

Sec. 303. Effective date.

TITLE IV—RESEARCH AND PERSONNEL PREPARATION

Sec. 401. Improving early intervention, educational, and transitional services

and results for children with disabilities through coordinated research and personnel preparation.

Sec. 402. Conforming amendments.

Sec. 403. Reauthorization for fiscal year 1997 of authorities relating to training

personnel for the education of individuals with disabilities.

Sec. 404. Effective date.
247

•S 1578 RS

TITLE V—TECHNICAL ASSISTANCE, SUPPORT, AND DISSEMINATION

OF INFORMATION

Sec. 501. Improving early intervention, educational, and transitional services

and results for children with disabilities through coordinated

technical assistance, support, and dissemination of information.

Sec. 502. Conforming amendments.

Sec. 503. Reauthorizations for fiscal year 1997.

Sec. 504. Effective date.

TITLE VI—INFANTS AND TODDLERS WITH DISABILITIES

Sec. 601. Findings and policy.

Sec. 602. Definitions.

Sec. 603. General authority.

Sec. 604. Eligibility.

Sec. 605. Continuing eligibility.

Sec. 606. Requirements for statewide system.

Sec. 607. Individualized family service plan.

Sec. 608. State application and assurances.

Sec. 609. Uses of funds.

Sec. 610. Procedural safeguards.

Sec. 611. State Interagency Coordinating Council.

Sec. 612. Conforming amendment.

Sec. 613. Allocation of funds.

Sec. 614. Federal Interagency Coordinating Council.

Sec. 615. Study of definition of developmental delay.

Sec. 616. Authorization of appropriations.

Sec. 617. Effective date.

1 SEC. 3. REFERENCES.

2 Except as otherwise expressly provided, whenever in

3 this Act an amendment or repeal is expressed in terms of

4 an amendment to, or repeal of, a section or other provision,

5 the reference shall be considered to be made to a section or

6 other provision of the Individuals with Disabilities Edu7 cation Act (20 U.S.C. 1400 et seq.).

8 TITLE I—GENERAL PROVISIONS

9 SEC. 101. FINDINGS.

10 Section 601 (20 U.S.C. 1400) is amended to read as

11 follows:
248

•S 1578 RS

1 ‘‘SEC. 601. SHORT TITLE; FINDINGS; PURPOSES.

2 ‘‘(a) SHORT TITLE.—This title may be cited as the ‘In3 dividuals with Disabilities Education Act’.

4 ‘‘(b) FINDINGS.—With respect to this Act, Congress

5 finds the following:

6 ‘‘(1)(A) That disability is a natural part of the

7 human experience and in no way diminishes the right

8 of individuals to fully participate in all aspects of

9 American society, including education.

10 ‘‘(B) That the right to equal educational oppor11 tunities for all children with disabilities is guaran12 teed by the equal protection clause of the 14th amend13 ment to the United States Constitution.

14 ‘‘(C) That improving educational results for chil15 dren with disabilities is an essential element in en16 suring equality of opportunity in all aspects of

17 society.

18 ‘‘(D) That it is in the national interest that stu19 dents with disabilities leave school with the skills nec20 essary to be included and integrated in the economic

21 and social fabric of society and to live independently.

22 ‘‘(2) That prior to the enactment of the Edu23 cation for All Handicapped Children Act of 1975

24 (Public Law 94–142), 1,000,000 children with dis25 abilities in the United States were excluded entirely

26 from the public school system, and more than one-half
249

•S 1578 RS

1 of all children with disabilities in the United States

2 did not receive appropriate educational services, ei3 ther because their disabilities were undetected, or be4 cause of the lack of adequate services within the pub5 lic school system.

6 ‘‘(3) That since the enactment of the Education

7 for All Handicapped Children Act of 1975 (Public

8 Law 94–142), significant progress has been made in

9 addressing problems that existed at the time the law

10 was enacted. Progress has been made in the following

11 manner:

12 ‘‘(A) Every State now ensures a free appro13 priate public education to all children with dis14 abilities within the State between the ages of 3

15 and 18, and most States extend that provision of

16 a free appropriate public education through age

17 21.

18 ‘‘(B) Over 5,000,000 children with disabil19 ities are receiving special education and related

20 services.

21 ‘‘(C) All States now provide early interven22 tion services to infants and toddlers with disabil23 ities from birth through age 2 and to families of

24 such infants and toddlers.
250

•S 1578 RS

1 ‘‘(4) That based on 20 years of experience and

2 research in the education of children with disabilities,

3 there is a general recognition of the following:

4 ‘‘(A) The provision of quality education and

5 services to children with disabilities must be

6 based on an individualized assessment of each

7 child’s unique needs and abilities.

8 ‘‘(B) To the maximum extent appropriate,

9 children with disabilities should be educated with

10 children who are not disabled and children with

11 disabilities should be removed from the regular

12 educational environment only when the nature

13 and severity of the disability is such that edu14 cation in regular classes with the use of supple15 mentary aids and services cannot be achieved

16 satisfactorily.

17 ‘‘(C) Students with disabilities achieve at

18 significantly higher levels when schools have high

19 expectations (and establish high goals) for such

20 students, ensure the access of such students to the

21 general curriculum (whenever appropriate), and

22 provide such students with the necessary services

23 and supports.

24 ‘‘(D) That including children with disabil25 ities in State and districtwide assessment sys-
251

•S 1578 RS

1 tems is an effective accountability mechanism

2 and a critical strategy for improving educational

3 results for such children.

4 ‘‘(E) The provisions of this Act should be

5 aligned with general educational reforms with

6 respect to the improvement of education for all

7 children, so that children with disabilities have

8 the opportunity to benefit from such reforms.

9 ‘‘(F) Parent participation is a crucial com10 ponent in the education of children with disabil11 ities, and parents should have meaningful oppor12 tunities, through appropriate training, dissemi13 nation of information and other supports, to

14 participate as partners with teachers and other

15 school staff in assisting their children to achieve

16 to high standards.

17 ‘‘(G) School administrators must have the

18 resources and skills needed to ensure that school

19 environments are safe and conducive to learning.

20 ‘‘(5)(A) That State and local educational agen21 cies must be responsive to the increasing racial, eth22 nic, and linguistic diversity that prevails in the Na23 tion’s public schools today.

24 ‘‘(B)(i) Greater efforts are needed to prevent the

25 intensification of problems connected with inappro-
252

•S 1578 RS

1 priately identifying and mislabeling children from

2 minority backgrounds as children with disabilities.

3 ‘‘(ii) More minority children continue to be

4 served in special education than would be expected

5 from the percentage of such children in the general

6 school population.

7 ‘‘(iii) Poor African American students are 2.5

8 times more likely to be identified by their school as

9 mentally retarded than are their white counterparts,

10 and such students are also more likely to be educated

11 in segregated settings.

12 ‘‘(iv) A disproportionate number of such students

13 drop out of school, fail to enroll in postsecondary pro14 grams, and fail to participate in competitive long15 term employment.

16 ‘‘(v) Disproportionality in the identification of

17 such students as children with disabilities may be ex18 plained in part by the relationship between poverty

19 and disability, which is well documented. Poor pre20 natal care and nutrition are factors that contribute to

21 higher rates of disability within minority popu22 lations. However, disproportionality may be due to

23 misclassification of minority children as disabled and

24 inappropriate placement of minority children, par-
253

•S 1578 RS

1 ticularly in separate settings, which raises civil rights

2 concerns.

3 ‘‘(C) Children with limited English proficiency

4 continue to be underidentified as needing special edu5 cation services than would be expected from the per6 centage of such children in the general school popu7 lation.

8 ‘‘(D) Based on 20 years of experience in both

9 general and special education, there is general rec10 ognition today that the problems associated with en11 suring an appropriate education for children from di12 verse backgrounds can be effectively addressed when

13 the following are done:

14 ‘‘(i) The procedures used for referring and

15 evaluating children with disabilities include ap16 propriate safeguards to prevent the overidenti17 fication or underidentification of minority stu18 dents requiring special education.

19 ‘‘(ii) Prereferral intervention strategies are

20 adopted, as appropriate, especially in elementary

21 schools.

22 ‘‘(iii) Services, supports, and other assist23 ance are provided in a culturally sensitive

24 manner.
254

•S 1578 RS

1 ‘‘(iv) Greater efforts are made to improve

2 post-school results among minority students with

3 disabilities.

4 ‘‘(6) That it is in the national interest that the

5 Federal Government has a role with respect to the fol6 lowing:

7 ‘‘(A) Assisting State and local efforts to

8 educate children with disabilities in order to im9 prove educational and transitional results for

10 such children, and to ensure equal protection of

11 the law.

12 ‘‘(B) Assisting States in the provision of

13 early intervention services.

14 ‘‘(C) Promoting the improvement of edu15 cational and transitional services and results for

16 children with disabilities and early intervention

17 services for infants and toddlers with disabilities

18 by supporting systems change activities carried

19 out by the State educational agency, coordinated

20 research and personnel preparation, coordinated

21 technical assistance, dissemination, and support,

22 and technology development and media services.

23 ‘‘(c) PURPOSES.—The purposes of this Act are to—

24 ‘‘(1)(A) ensure that all children with disabilities

25 have available to them a free appropriate public edu-
255

•S 1578 RS

1 cation that emphasizes special education and related

2 services designed to meet the unique needs of such

3 children and enable such children to lead productive,

4 independent adult lives;

5 ‘‘(B) ensure that the rights of children with dis6 abilities and their parents are protected; and

7 ‘‘(C) assist States and localities to provide for

8 the education of all children with disabilities;

9 ‘‘(2) assist States in the implementation of a

10 statewide, comprehensive, coordinated, multidisci11 plinary, interagency system of early intervention

12 services for infants and toddlers with disabilities and

13 their families;

14 ‘‘(3) promote the improvement of educational

15 and transitional services and results for children with

16 disabilities and early intervention services for infants

17 and toddlers with disabilities by supporting—

18 ‘‘(A) systems change activities carried out

19 by State educational agencies in partnership

20 with other interested parties;

21 ‘‘(B) coordinated research and personnel

22 preparation; and

23 ‘‘(C) coordinated technical assistance, dis24 semination, and support, and technology devel25 opment and media services; and
256

•S 1578 RS

1 ‘‘(4) assess and promote the effectiveness of efforts

2 to educate children with disabilities and to provide

3 early intervention services for infants and toddlers

4 with disabilities.’’.

5 SEC. 102. DEFINITIONS.

6 (a) SECTION HEADING.—Section 602 (20 U.S.C. 1401)

7 is amended—

8 (1) by striking the section heading and inserting

9 the following:

10 ‘‘SEC. 602. DEFINITIONS.’’;

11 and

12 (2) by striking ‘‘SEC. 602.’’.

13 (b) TERMS.—Section 602(a) (20 U.S.C. 1401(a)) is

14 amended—

15 (1) in paragraph (1)(A)—

16 (A) by striking ‘‘(1)(A) The term’’ and all

17 that follows through ‘‘children—’’ and inserting

18 the following:

19 ‘‘(1) CHILD WITH A DISABILITY; CHILD WITH A

20 DISABILITY AGED 3 THROUGH 5; CHILDREN WITH DIS21 ABILITIES.—

22 ‘‘(A) CHILD WITH A DISABILITY.—The term

23 ‘child with a disability’ means a child—’’;

24 (B) in clause (i)—
257

•S 1578 RS

1 (i) by striking ‘‘hearing impairments’’

2 and inserting ‘‘a hearing impairment’’;

3 (ii) by striking ‘‘speech or language

4 impairments, visual impairments’’ and in5 serting ‘‘a speech or language impairment,

6 a visual impairment’’;

7 (iii) by striking ‘‘orthopedic impair8 ments’’ and inserting ‘‘an orthopedic im9 pairment’’; and

10 (iv) by striking ‘‘other health impair11 ments, or specific learning disabilities’’ and

12 inserting ‘‘other health impairment, or a

13 specific learning disability’’;

14 (C) in clause (ii), by striking ‘‘need’’ and

15 inserting ‘‘needs’’; and

16 (D) by realigning the margins of clauses (i)

17 and (ii) so as to align with clauses (i) and (ii)

18 of paragraph (21)(A);

19 (2) in paragraph (1)(B)—

20 (A) by striking ‘‘(B) The term’’ and all that

21 follows through ‘‘include children—’’ and insert22 ing the following:

23 ‘‘(B) CHILD WITH A DISABILITY AGED 3

24 THROUGH 5.—At the discretion of the State, the
258

•S 1578 RS

1 term ‘child with a disability’ includes a child

2 aged 3 through 5—’’;

3 (B) in clause (i), by striking ‘‘(i) experienc4 ing developmental delays’’ and inserting ‘‘(i)

5 who is experiencing a developmental delay’’;

6 (C) in clause (ii), by striking ‘‘need’’ and

7 inserting ‘‘needs’’;

8 (D) by realigning the margin of subpara9 graph (B) so as to align with subparagraph (B)

10 of paragraph (11); and

11 (E) by realigning the margins of clauses (i)

12 and (ii) so as to align with clauses (i) and (ii)

13 of paragraph (21)(A);

14 (3) by inserting after paragraph (1)(B), the fol15 lowing new subparagraph:

16 ‘‘(C) CHILDREN WITH DISABILITIES.—The term

17 ‘children with disabilities’ means more than 1 child

18 with a disability.’’;

19 (4) in paragraph (4), by striking ‘‘The term’’

20 and inserting ‘‘CONSTRUCTION.—The term’’;

21 (5) in paragraph (5), by striking ‘‘The term’’

22 and inserting ‘‘EQUIPMENT.—The term’’;

23 (6) in paragraph (6), to read as follows:

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

25 50 States, the District of Columbia, the Common-
259

•S 1578 RS

1 wealth of Puerto Rico, and each of the outlying

2 areas.’’;

3 (7) in paragraph (7), by striking ‘‘The term’’

4 and inserting ‘‘STATE EDUCATIONAL AGENCY.—The

5 term’’;

6 (8) in paragraph (8), to read as follows:

7 ‘‘(8) LOCAL EDUCATIONAL AGENCY.—The term

8 ‘local educational agency’ means—

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

10 public authority legally constituted within a

11 State for either administrative control or direc12 tion of, or to perform a service function for—

13 ‘‘(i) public elementary or secondary

14 schools in a city, county, township, school

15 district, or other political subdivision of a

16 State; or

17 ‘‘(ii) a combination of school districts

18 or counties as are recognized in a State as

19 an administrative agency for the public ele20 mentary or secondary schools of the State;

21 ‘‘(B) any other public institution or agency

22 having administrative control and direction of a

23 public elementary or secondary school; or

24 ‘‘(C) an educational service agency, as de25 fined in paragraph (7).’’;
260

•S 1578 RS

1 (9) in paragraph (9), by striking ‘‘The term’’

2 and inserting ‘‘ELEMENTARY SCHOOL.—The term’’;

3 (10) in paragraph (10), by striking ‘‘The term’’

4 and inserting ‘‘SECONDARY SCHOOL.—The term’’;

5 (11) in paragraph (11), to read as follows:

6 ‘‘(11) INSTITUTION OF HIGHER EDUCATION.—

7 The term ‘institution of higher education’—

8 ‘‘(A) has the meaning given to such term by

9 section 1201(a) of the Higher Education Act of

10 1965 (20 U.S.C. 1141(a)); and

11 ‘‘(B) includes any community college receiv12 ing funding from the Secretary of the Interior

13 under the Tribally Controlled Community Col14 lege Assistance Act of 1978 (25 U.S.C. 1801 et

15 seq.).’’;

16 (12) in paragraph (12), by striking ‘‘The term’’

17 and inserting ‘‘NONPROFIT.—The term’’;

18 (13) by striking paragraph (13);

19 (14) in paragraph (14), by striking ‘‘The term’’

20 and inserting ‘‘SECRETARY.—The term’’;

21 (15) in paragraph (15), to read as follows:

22 ‘‘(15) SPECIFIC LEARNING DISABILITY.—The

23 term ‘specific learning disability’—

24 ‘‘(A) means a disorder—
261

•S 1578 RS

1 ‘‘(i) in one or more of the basic psycho2 logical processes involved in understanding

3 or in using language, spoken or written;

4 and

5 ‘‘(ii) that may manifest itself in im6 perfect ability to listen, think, speak, read,

7 write, spell, or do mathematical calcula8 tions;

9 ‘‘(B) includes such conditions as perceptual

10 disabilities, brain injury, minimal brain dys11 function, dyslexia, and developmental aphasia;

12 and

13 ‘‘(C) does not include a learning problem

14 that is primarily the result of visual, hearing, or

15 motor disabilities, of mental retardation, of emo16 tional disturbance, or of environmental, cultural,

17 or economic disadvantage.’’;

18 (16) in paragraph (16)—

19 (A) by striking ‘‘The term’’ and inserting

20 ‘‘SPECIAL EDUCATION.—The term’’; and

21 (B) by striking ‘‘or guardians’’;

22 (17) in paragraph (17)—

23 (A) by striking ‘‘The term’’ and inserting

24 ‘‘RELATED SERVICES.—The term’’;
262

•S 1578 RS

1 (B) by striking ‘‘speech pathology and audi2 ology’’ and inserting ‘‘speech-language pathology

3 services and audiology services’’; and

4 (C) by striking ‘‘rehabilitation counseling,’’

5 and inserting ‘‘rehabilitation counseling, ori6 entation and mobility services,’’;

7 (18) in paragraph (18)—

8 (A) by striking ‘‘The term’’ and inserting

9 ‘‘FREE APPROPRIATE PUBLIC EDUCATION.—The

10 term’’; and

11 (B) in subparagraph (D), by striking ‘‘re12 quired under section 614(a)(5)’’ and inserting

13 ‘‘requirements of subsections (d) through (i) of

14 section 614 (as amended by section 204 of the

15 Individuals with Disabilities Education Act

16 Amendments of 1996)’’;

17 (19) in paragraph (20), to read as follows:

18 ‘‘(20) INDIVIDUALIZED EDUCATION PROGRAM;

19 IEP.—The term ‘individualized education program’

20 and the term ‘IEP’ mean a written statement for each

21 child with a disability that is developed, reviewed,

22 and revised in accordance with subsections (d)

23 through (i) of section 614 (as amended by section 204

24 of the Individuals with Disabilities Education Act

25 Amendments of 1996).’’;
263

•S 1578 RS

1 (20) in paragraph (21)—

2 (A) by striking ‘‘The term’’ and inserting

3 ‘‘EXCESS COSTS.—The term’’;

4 (B) in subparagraph (A)—

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

6 part’’ and inserting ‘‘part B’’;

7 (ii) in clause (ii), by striking ‘‘under

8 title I’’ and inserting ‘‘under part A of title

9 I’’; and

10 (iii) in clause (iii), by striking ‘‘title

11 VII’’ and inserting ‘‘part A of title VII’’;

12 and

13 (C) in subparagraph (B), by striking ‘‘such

14 part, chapter, or title’’ and inserting ‘‘a part re15 ferred to in subparagraph (A)’’;

16 (21) in paragraph (22)—

17 (A) by striking ‘‘The term’’ and inserting

18 ‘‘NATIVE LANGUAGE.—The term’’; and

19 (B) by striking ‘‘section 7003(a)(2)’’ and

20 inserting ‘‘section 7501(11)’’;

21 (22) in paragraph (23)—

22 (A) by striking ‘‘The term ‘intermediate

23 educational unit’ means’’ and inserting ‘‘EDU24 CATIONAL SERVICE AGENCY.—The term ‘edu25 cational service agency’ means’’; and
264

•S 1578 RS

1 (B) by striking ‘‘local educational agency,’’

2 and inserting ‘‘local educational agency de3 scribed in subparagraphs (A) and (B) of para4 graph (19),’’;

5 (23) in paragraph (24), to read as follows:

6 ‘‘(24) INDIAN; INDIAN TRIBE.—

7 ‘‘(A) INDIAN.—The term ‘Indian’ means an

8 individual who is a member of an Indian tribe.

9 ‘‘(B) INDIAN TRIBE.—The term ‘Indian

10 tribe’ means any Federal or State Indian tribe,

11 band, rancheria, pueblo, colony, or community,

12 including any Alaska Native village or regional

13 village corporation (as defined in or established

14 under the Alaska Native Claims Settlement

15 Act).’’;

16 (24) in paragraph (25), by striking ‘‘The term’’

17 and inserting ‘‘ASSISTIVE TECHNOLOGY DEVICE.—

18 The term’’;

19 (25) in paragraph (26), by striking ‘‘The term’’

20 and inserting ‘‘ASSISTIVE TECHNOLOGY SERVICE.—

21 The term’’;

22 (26) in paragraph (27), to read as follows:

23 ‘‘(27) UNSERVED AND UNDERSERVED.—The

24 terms ‘unserved’ and ‘underserved’, with respect to

25 populations include populations such as individuals
265

•S 1578 RS

1 with disabilities who are from racial and ethnic mi2 nority backgrounds, who are poor individuals, who

3 are individuals with limited English proficiency, and

4 who are individuals from underserved geographic

5 areas, both urban and rural.’’;

6 (27) by redesignating paragraphs (1), (4), (5),

7 (6), (7), (8), (9), (10), (11), (12), (14), (15), (16),

8 (17), (18), (19), (20), (21), (22), (23), (24), (25), (26),

9 and (27) as paragraphs (4), (5), (9), (29), (30), (19),

10 (8), (25), (18), (21), (26), (28), (27), (24), (11), (33),

11 (15), (10), (20), (7), (14), (1), (2), and (35), respec12 tively, and transferring each such redesignated para13 graph to the appropriate place in the section so as to

14 arrange the paragraphs in the section in numerical

15 order;

16 (28) by inserting after paragraph (2) (as so re17 designated by paragraph (27)) the following new

18 paragraph:

19 ‘‘(3) BEHAVIOR MANAGEMENT PLAN.—The term

20 ‘behavior management plan’ means a plan, developed

21 by the State educational agency or local educational

22 agency, consisting of strategies and services to address

23 the behavior of a child with a disability and to help

24 the child learn appropriate behavior in the school and

25 other community-based educational settings.’’;
266

•S 1578 RS

1 (29) by inserting after paragraph (5) (as so re2 designated by paragraph (27)) the following new

3 paragraph:

4 ‘‘(6) DISABILITY.—The term ‘disability’, except

5 with respect to an infant or toddler with a disability,

6 means an impairment or other condition described in

7 paragraph (4) (relating to the definition of a child

8 with a disability).’’;

9 (30) by inserting after paragraph (11) (as so re10 designated by paragraph (27)) the following new

11 paragraphs:

12 ‘‘(12) GENERAL EDUCATION CURRICULUM.—The

13 term ‘general education curriculum’ means the cur14 riculum adopted by the local educational agency for

15 all children from preschool through secondary

16 school.’’;

17 ‘‘(13) INAPPROPRIATELY IDENTIFIED.—The term

18 ‘inappropriately identified’ with respect to population

19 means a population of students from racial or ethnic

20 minority backgrounds in which students are over21 identified or underidentified as having disabilities.’’;

22 (31) by inserting after paragraph (15) (as so re23 designated by paragraph (27)) the following new

24 paragraphs:
267

•S 1578 RS

1 ‘‘(16) INDIVIDUALIZED FAMILY SERVICE PLAN;

2 IFSP.—The term ‘individualized family service plan’

3 and the term ‘IFSP’ mean a written plan for provid4 ing early intervention services to each infant and tod5 dler with a disability that meets the requirements of

6 section 677(d).

7 ‘‘(17) INFANT OR TODDLER WITH A DISABILITY;

8 INFANTS AND TODDLERS WITH DISABILITIES.—The

9 terms ‘infant or toddler with a disability’ and ‘in10 fants and toddlers with disabilities’ have the mean11 ings given the terms in section 672.’’;

12 (32) by inserting after paragraph (21) (as so re13 designated by paragraph (27)), the following new

14 paragraphs:

15 ‘‘(22) OUTLYING AREAS.—The term ‘outlying

16 areas’ means the Virgin Islands, Guam, American

17 Samoa, the Commonwealth of the Northern Mariana

18 Islands, Republic of the Marshall Islands, Federated

19 States of Micronesia, and the Republic of Palau.

20 ‘‘(23) PARENT.—The term ‘parent’ includes a

21 legal guardian.’’;

22 (33) by inserting after paragraph (30) (as so re23 designated by paragraph (27)) the following new

24 paragraphs:
268

•S 1578 RS

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

2 The term ‘supplementary aids and services’ means

3 aids, services, and other supports that are provided to

4 enable children with disabilities to be educated with

5 nondisabled children to the maximum extent appro6 priate, in accordance with section 612(a)(5) (as

7 amended by section 202 of the Individuals with Dis8 abilities Education Act Amendments of 1996).’’;

9 ‘‘(32) SYSTEMS CHANGE ACTIVITIES; SYSTEMS

10 CHANGE OUTCOMES.—

11 ‘‘(A) SYSTEMS CHANGE ACTIVITIES.—The

12 term ‘systems change activities’ means efforts to

13 design, implement, and evaluate strategies and

14 activities leading to systems change outcomes.

15 ‘‘(B) SYSTEMS CHANGE OUTCOMES.—The

16 term ‘systems change outcomes’ means

17 systemswide changes in policies, procedures,

18 practices, training, or use of personnel, parents,

19 and school-age peers of children with disabilities

20 that benefit and improve the early intervention,

21 educational, and transitional services and results

22 of children with disabilities.’’;

23 (34) by inserting after paragraph (33) (as so re24 designated by paragraph (27)) the following new

25 paragraph:
269

•S 1578 RS

1 ‘‘(34) TRANSITIONAL SERVICES.—The term

2 ‘transitional services’ includes transition services.’’;

3 and

4 (35) by striking ‘‘(a) As used in this title—’’

5 and inserting the following:

6 ‘‘(a) TERMS.—Except as otherwise provided, the fol7 lowing terms have the following meanings as used in this

8 Act:’’.

9 (c) YOUTH WITH A DISABILITY.—Section 602(b) (20

10 U.S.C. 1401(b)) is amended to read as follows:

11 ‘‘(b) REFERENCES TO ACT OR TITLE.—If a provision

12 of this title refers to the term ‘this title’ or ‘this Act’, the

13 provision shall be deemed to refer to the Individuals with

14 Disabilities Education Act.’’.

15 (d) CONFORMING AMENDMENTS.—

16 (1) REFERENCES TO CHILDREN WITH DISABIL17 ITIES.—

18 (A) TITLE 10.—Section 2164(f)(3) of title

19 10, United States Code, is amended—

20 (i) by striking ‘‘section 602(a)(1)’’ and

21 inserting ‘‘section 602(a)(4)(C)’’; and

22 (ii) by striking ‘‘1401(a)(1)’’ and in23 serting ‘‘1401(a)(4)(C)’’.

24 (B) ELEMENTARY AND SECONDARY EDU25 CATION ACT OF 1965.—Section 14603(2) of the
270

•S 1578 RS

1 Elementary and Secondary Education Act of

2 1965 (20 U.S.C. 8923(1)) is amended by striking

3 ‘‘section 602(a)’’ and inserting ‘‘section

4 602(a)(4)(C)’’.

5 (C) NATIONAL AND COMMUNITY SERVICE

6 ACT OF 1990.—Section 101(21) of the National

7 and Community Service Act of 1990 (42 U.S.C.

8 12511(21)) is amended—

9 (i) by striking ‘‘section 602(a)(1)’’ and

10 inserting ‘‘section 602(a)(4)(C)’’; and

11 (ii) by striking ‘‘1401(a)(1)’’ and in12 serting ‘‘1401(a)(4)(C)’’.

13 (2) REFERENCE TO TRANSITION SERVICES.—Sec14 tion 563(d)(2) of the Public Health Service Act (42

15 U.S.C. 290ff-2(d)(2)) is amended by striking ‘‘section

16 602(a)(19)’’ and inserting ‘‘section 602(a)(33)’’.

17 SEC. 103. OFFICE OF SPECIAL EDUCATION PROGRAMS.

18 Section 603 (20 U.S.C. 1402) is amended by adding

19 at the end thereof the following new subsection:

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

21 States Code, the Secretary is authorized to accept voluntary

22 and uncompensated services in furtherance of the purposes

23 of this Act.’’.
271

•S 1578 RS

1 SEC. 104. REQUIREMENTS FOR PRESCRIBING

2 REGULATIONS.

3 Section 608(a) (20 U.S.C. 1407(a)) is amended by

4 striking ‘‘(a) For purposes’’ and all that follows through

5 ‘‘days.’’ and inserting the following: ‘‘(a) The Secretary

6 shall provide a public comment period of at least 90 days

7 on any regulation proposed under part B for which a time

8 period for an opportunity for public comment is otherwise

9 required.’’.

10 SEC. 105. ELIGIBILITY FOR FINANCIAL ASSISTANCE.

11 Section 609 (20 U.S.C. 1408) is amended to read as

12 follows:

13 ‘‘SEC. 609. ELIGIBILITY FOR FINANCIAL ASSISTANCE.

14 ‘‘The Secretary may not make a grant under parts C

15 through E to a State, or to any local educational agency

16 or other public institution or agency in the State, that re17 lates exclusively to programs, projects, and activities per18 taining to children aged 3 through 5, unless the State is

19 eligible to receive a grant under section 619 (as amended

20 by section 210 of the Individuals with Disabilities Edu21 cation Act Amendments of 1996).’’.

22 SEC. 106. ADMINISTRATIVE PROVISIONS APPLICABLE TO

23 DISCRETIONARY ASSISTANCE PROGRAMS.

24 Section 610 (20 U.S.C. 1409) is amended to read as

25 follows:
272

•S 1578 RS

1 ‘‘SEC. 610. ADMINISTRATIVE PROVISIONS FOR DISCRE2 TIONARY ASSISTANCE PROGRAMS.

3 ‘‘(a) FINDINGS WITH RESPECT TO ADDRESSING DI4 VERSITY UNDER PARTS D AND E.—With respect to this sec5 tion and parts D and E, Congress finds the following:

6 ‘‘(1)(A) The Federal Government must be respon7 sive to the growing needs of an increasingly more di8 verse society. A more equitable allocation of resources

9 is essential for the Federal Government to meet its re10 sponsibility to provide an equal educational oppor11 tunity for all individuals.

12 ‘‘(B) Recent data indicate that the number of Af13 rican American and Hispanic children in schools,

14 and in special education, continues to rise, and the

15 number of minority teachers and related services per16 sonnel produced in the colleges and universities of the

17 United States continues to decrease.

18 ‘‘(2) There is a compelling national interest in

19 aiding institutions of higher education that have his20 torically served students who have been denied access

21 to postsecondary education because of race or national

22 origin and whose participation in the United States

23 system of higher education is in the interest of the

24 United States so that the access to, and the quality

25 of, postsecondary education are enhanced for all stu26 dents.
273

•S 1578 RS

1 ‘‘(3)(A) Historically Black Colleges and Univer2 sities and other institutions of higher education with

3 substantial minority enrollments have an important

4 role in the development of a professional workforce in

5 special education and related services that reflects the

6 full participation of all members of society by provid7 ing access and high-quality education to low-income

8 and minority students who will enter the field of spe9 cial education and other related fields. Upon complet10 ing their education at such colleges and universities

11 and institutions, many low-income and minority stu12 dents become teachers or professionals in related fields

13 and provide services to children with disabilities in

14 inner-city urban and rural areas that have experi15 enced significant shortages in qualified personnel.

16 ‘‘(B) Recent data indicate that the Historically

17 Black Colleges and Universities enroll nearly 50 per18 cent of the African American teacher trainees in the

19 United States. However, during the time period cov20 ered by the data, such colleges and universities re21 ceived only 4 percent of the discretionary funds for

22 special education and related services personnel train23 ing under this Act.

24 ‘‘(b) COMPREHENSIVE PLAN.—
274

•S 1578 RS

1 ‘‘(1) IN GENERAL.—The Secretary shall develop

2 and implement a comprehensive plan for activities

3 carried out under parts D and E in order to enhance

4 the provision of educational, related, and early inter5 vention services to children with disabilities under

6 parts B and H. Such plan shall include mechanisms

7 to address early intervention, educational, and transi8 tional needs identified by States in applications sub9 mitted for systems change grants under part C.

10 ‘‘(2) PARTICIPANTS IN PLAN DEVELOPMENT.—In

11 developing the plan described in paragraph (1), the

12 Secretary shall involve—

13 ‘‘(A) individuals with disabilities;

14 ‘‘(B) parents of children with disabilities;

15 ‘‘(C) appropriate professionals; and

16 ‘‘(D) representatives of State and local edu17 cational agencies, private schools, institutions of

18 higher education, other Federal agencies, the Na19 tional Council on Disabilities, and national or20 ganizations with an interest in, and expertise in,

21 providing services to children with disabilities

22 and their families.

23 The Secretary shall publish the plan in the Federal

24 Register for public comment.
275

•S 1578 RS

1 ‘‘(3) DISTRIBUTION OF FUNDS.—In implement2 ing the plan described in paragraph (1), the Sec3 retary shall, to the extent appropriate, ensure that

4 funds are awarded to recipients under parts D and

5 E to carry out activities that benefit, directly or indi6 rectly, children with disabilities of all ages.

7 ‘‘(c) ELIGIBLE APPLICANTS.—

8 ‘‘(1) IN GENERAL.—Except as otherwise provided

9 in this subsection and parts D and E, the following

10 entities are eligible to apply for a grant, contract, or

11 cooperative agreement under part D or E:

12 ‘‘(A) A State educational agency.

13 ‘‘(B) A local educational agency.

14 ‘‘(C) An institution of higher education.

15 ‘‘(D) Any other public agency.

16 ‘‘(E) A private nonprofit organization.

17 ‘‘(F) An outlying area.

18 ‘‘(G) An Indian tribe or tribally controlled

19 school funded by the Department of the Interior.

20 ‘‘(H) A for-profit organization, if the Sec21 retary determines that such organization is an

22 appropriate entity to be eligible to apply for a

23 grant, contract, or cooperative agreement under

24 part D or E.
276

•S 1578 RS

1 ‘‘(2) SPECIAL RULE.—The Secretary may limit

2 the entities eligible for an award of a grant, contract,

3 or cooperative agreement to 1 or more categories of el4 igible entities described in paragraph (1). In the case

5 of the award of a grant, contract, or cooperative

6 agreement under section 634, an eligible entity shall

7 demonstrate the capacity to conduct personnel prepa8 ration activities.

9 ‘‘(3) USE OF FUNDS BY THE SECRETARY.—

10 ‘‘(A) IN GENERAL.—Notwithstanding any

11 other provision of law and subject to subpara12 graph (B), the Secretary may use not more than

13 20 percent of the total funds available under

14 parts D and E (other than section 643) to carry

15 out, through a grant, contract, or cooperative

16 agreement, a project that consists of, or a com17 bination of—

18 ‘‘(i) a research or innovation activity

19 that meets an objective described in section

20 633(a) or a personnel preparation activity

21 that meets an objective described in section

22 634(a); and

23 ‘‘(ii) a technical assistance or informa24 tion dissemination activity that meets an

25 objective described in section 644(a) or a
277

•S 1578 RS

1 technology development, demonstration, or

2 utilization activity, or an educational

3 media service, that meets an objective de4 scribed in section 645(a);

5 subject to such conditions as the Secretary deter6 mines are appropriate to effectively meet the ob7 jectives involved.

8 ‘‘(B) SPECIAL RULES.—In carrying out a

9 project or combination under subparagraph (A),

10 the Secretary shall use funds made available

11 under—

12 ‘‘(i) section 633 if the project or com13 bination involves a research or innovation

14 activity;

15 ‘‘(ii) section 634 if the project or com16 bination involves a personnel preparation

17 activity;

18 ‘‘(iii) section 644 if the project or com19 bination involves a technical assistance or

20 information dissemination activity; and

21 ‘‘(iv) section 645 if the project or com22 bination involves a technology development,

23 demonstration, or utilization activity, or an

24 educational media service.

25 ‘‘(d) SPECIAL POPULATIONS.—
278

•S 1578 RS

1 ‘‘(1) APPLICATION REQUIREMENT.—In making

2 an award of a grant, contract, or cooperative agree3 ment under part D or E, the Secretary shall, as ap4 propriate, require an applicant to demonstrate how

5 the applicant will address the needs of children with

6 disabilities from unserved, underserved, or inappro7 priately identified populations.

8 ‘‘(2) OUTREACH AND TECHNICAL ASSISTANCE.—

9 Notwithstanding any other provision of this Act, the

10 Secretary—

11 ‘‘(A) shall ensure that at least 1 percent of

12 the total amount of funds appropriated for parts

13 D and E is used—

14 ‘‘(i) for providing outreach and tech15 nical assistance to Historically Black Col16 leges and Universities, and to institutions of

17 higher education with minority enrollments

18 of at least 25 percent, to promote the par19 ticipation of such colleges, universities, and

20 institutions in activities under such parts;

21 and

22 ‘‘(ii) to enable the Historically Black

23 Colleges and Universities and the institu24 tions described in clause (i) to assist other

25 colleges, universities, institutions, and agen-
279

•S 1578 RS

1 cies in improving educational and transi2 tional results for children with disabilities;

3 and

4 ‘‘(B) may reserve funds appropriated under

5 parts D and E to meet the requirement of sub6 paragraph (A).

7 ‘‘(e) PRIORITIES.—

8 ‘‘(1) IN GENERAL.—The Secretary shall ensure

9 that a grant, contract, or cooperative agreement

10 awarded under part D or E is awarded only for ac11 tivities that are designed to benefit children with dis12 abilities or their families or the personnel employed

13 to work with such children or their families or to ben14 efit other individuals with disabilities whom such

15 part is intended to benefit.

16 ‘‘(2) ELIGIBLE ACTIVITIES.—Subject to para17 graph (1), the Secretary, in making an award of a

18 grant, contract, or cooperative agreement under part

19 D or E, may, without conducting rulemaking under

20 section 553 of title 5, United States Code, limit the

21 entities eligible for the grant, contract, or cooperative

22 agreement to, or otherwise give priority to, eligible en23 tities that carry out the following activities:

24 ‘‘(A) IN GENERAL.—Activities relating to

25 personnel preparation, training, research, dis-
280

•S 1578 RS

1 semination of information, technical assistance,

2 technology development, and educational media

3 services that address 1 or more of the following:

4 ‘‘(i) The age ranges of children with

5 disabilities.

6 ‘‘(ii) The types of disabilities of

7 children.

8 ‘‘(iii) The school grades of children

9 with disabilities.

10 ‘‘(iv) The types of educational place11 ments or early intervention environments of

12 children with disabilities.

13 ‘‘(v) The types of services provided to

14 children with disabilities.

15 ‘‘(vi) Content areas such as reading.

16 ‘‘(vii) Effective strategies for helping

17 children with disabilities learn appropriate

18 behavior in the school and other commu19 nity-based educational settings.

20 ‘‘(B) ACTIVITIES RELATED TO SEVERITY OF

21 DISABILITY.—Activities relating to personnel

22 preparation, training, research, dissemination of

23 information, technical assistance, technology de24 velopment, and educational media services that
281

•S 1578 RS

1 address the needs of children based on the sever2 ity of the disability of the children.

3 ‘‘(C) OTHER RELATED ACTIVITIES.—Activi4 ties relating to personnel preparation, training,

5 research, dissemination of information, technical

6 assistance, technology development, and edu7 cational media services that address the needs of

8 the following individuals and areas:

9 ‘‘(i) Low-achieving students.

10 ‘‘(ii) Underserved populations.

11 ‘‘(iii) Children from low-income

12 families.

13 ‘‘(iv) Children with limited English

14 proficiency.

15 ‘‘(v) Unserved and underserved areas.

16 ‘‘(vi) Children whose behavior inter17 feres with their learning and socialization.

18 ‘‘(vii) Inappropriately identified popu19 lations.

20 ‘‘(D) NATIONAL ACTIVITIES.—Activities re21 lating to personnel preparation, training, re22 search, dissemination of information, technical

23 assistance, technology development, and edu24 cational media services that are carried out in
282

•S 1578 RS

1 particular areas of the country, to ensure broad

2 geographic coverage.

3 ‘‘(E) AUTHORIZED ACTIVITIES.—Any activ4 ity that is expressly authorized in the applicable

5 part.

6 ‘‘(f) APPLICANT AND RECIPIENT RESPONSIBILITIES.—

7 ‘‘(1) DEVELOPMENT AND ASSESSMENT OF

8 PROJECTS.—The Secretary shall require that an ap9 plicant for, and a recipient of, a grant, contract, or

10 cooperative agreement for a project under part D or

11 E—

12 ‘‘(A) involve individuals with disabilities or

13 parents of individuals with disabilities in plan14 ning, implementing, and evaluating the project;

15 and

16 ‘‘(B) where appropriate, determine whether

17 the project has any potential for replication and

18 adoption by other entities.

19 ‘‘(2) ADDITIONAL RESPONSIBILITIES.—The Sec20 retary may require a recipient of a grant, contract,

21 or cooperative agreement under part D or E to—

22 ‘‘(A) share in the cost of the project of the

23 recipient;

24 ‘‘(B) prepare the research and evaluation

25 findings and products from the project in for-
283

•S 1578 RS

1 mats that are useful for specific audiences, in2 cluding parents, administrators, teachers, early

3 intervention personnel, related services personnel,

4 and individuals with disabilities;

5 ‘‘(C) disseminate such findings and prod6 ucts; and

7 ‘‘(D) collaborate with other such recipients

8 in carrying out the activities described in sub9 paragraphs (B) and (C).

10 ‘‘(g) APPLICATION MANAGEMENT.—

11 ‘‘(1) STANDING PANELS.—

12 ‘‘(A) IN GENERAL.—The Secretary shall es13 tablish and use standing panels of experts who

14 are competent, by virtue of their training, exper15 tise, or experience, to evaluate applications

16 under parts D and E that, individually, request

17 more than $75,000 a year in assistance.

18 ‘‘(B) FEDERAL EMPLOYMENT LIMITATION.—

19 A majority of the individuals on each panel de20 scribed in subparagraph (A) shall be individuals

21 who are not employees of the Federal Govern22 ment.

23 ‘‘(2) SELECTION AND PARTICIPATION OF PANEL

24 MEMBERS.—
284

•S 1578 RS

1 ‘‘(A) IN GENERAL.—The Secretary shall es2 tablish criteria to use in the selection of the

3 panel members. Such criteria shall ensure that

4 the membership of standing panels includes—

5 ‘‘(i) individuals with knowledge and

6 expertise on the issues addressed by the ac7 tivities authorized by parts D and E; and

8 ‘‘(ii) to the extent practicable, parents

9 of children with disabilities, individuals

10 with disabilities, and persons from diverse

11 racial, ethnic, and cultural backgrounds.

12 ‘‘(B) MEMBERSHIP.—Standing panel mem13 bership shall include, at a minimum—

14 ‘‘(i) individuals who are representa15 tives of institutions of higher education that

16 plan, develop, and carry out programs of

17 personnel preparation;

18 ‘‘(ii) individuals who design and carry

19 out programs of research targeted to the im20 provement of special education programs

21 and services;

22 ‘‘(iii) individuals who have recognized

23 experience, and knowledge, necessary to in24 tegrate and apply research findings to im-
285

•S 1578 RS

1 prove educational and transitional results

2 for children with disabilities;

3 ‘‘(iv) individuals who administer pro4 grams at the State or local level in which

5 children with disabilities participate;

6 ‘‘(v) individuals who prepare parents

7 of children with disabilities to participate

8 in making decisions about the education of

9 their children;

10 ‘‘(vi) individuals who establish policies

11 that affect the delivery of services to chil12 dren with disabilities;

13 ‘‘(vii) individuals who are parents of

14 children with disabilities who are benefiting

15 or have benefited from coordinated research,

16 personnel preparation, and technical assist17 ance; and

18 ‘‘(viii) individuals who are individuals

19 with disabilities.

20 ‘‘(C) TRAINING.—The Secretary shall pro21 vide training to the individuals who are selected

22 as members of the standing panels under this

23 paragraph.
286

•S 1578 RS

1 ‘‘(D) TERM.—Membership on any such

2 standing panel shall be for a period of not more

3 than 3 consecutive years.

4 ‘‘(3) SECRETARY’S DISCRETION OVER LIMITED

5 USE OF DISCRETIONARY FUNDS FOR ADMINISTRATIVE

6 PURPOSES.—

7 ‘‘(A) EXPENSES AND FEES OF NON-FED8 ERAL PANEL MEMBERS.—The Secretary may use

9 funds available under parts D and E to pay the

10 expenses and fees of the panel members who are

11 not members of the Federal Government.

12 ‘‘(B) ADMINISTRATIVE SUPPORT.—The Sec13 retary may use not more than 1 percent of the

14 funds available under parts D and E to pay

15 non-Federal entities for administrative support

16 related to management of applications submitted

17 under part D or E.

18 ‘‘(C) MONITORING.—The Secretary may use

19 funds available under parts D and E to pay the

20 expenses of Federal employees to conduct onsite

21 monitoring of projects receiving $500,000 or

22 more, for any fiscal year under part D or E.

23 ‘‘(h) PROGRAM EVALUATION.—The Secretary may use

24 funds appropriated to carry out parts D and E to evaluate

25 activities carried out under such parts.
287

•S 1578 RS

1 ‘‘(i) RULES OF CONSTRUCTION.—

2 ‘‘(1) REFERENCES TO EARLY INTERVENTION

3 SERVICES.—

4 ‘‘(A) CHILD WITH A DISABILITY.—If a pro5 vision of this section or part C, D, or E refers

6 to services for a child with a disability (or a

7 family member of the child), and the services in8 clude early intervention services or services pro9 vided under part H, the provision shall be

10 deemed to refer to—

11 ‘‘(i) early intervention services or serv12 ices provided under part H, respectively, for

13 an infant or toddler with a disability (or a

14 family member of the infant or toddler, as

15 appropriate); and

16 ‘‘(ii) the other services referred to in

17 the provision for a child with a disability

18 (or a family member of the child, as

19 appropriate).

20 ‘‘(B) PERSON WITH A RELATIONSHIP TO A

21 CHILD WITH A DISABILITY.—If a provision of

22 this section or part C, D, or E refers to a benefit

23 (such as training or research) for a person (such

24 as a parent or education professional) with a re25 lationship to a child with a disability (or a fam-
288

•S 1578 RS

1 ily member of the child), and the benefit is pro2 vided with respect to services that include early

3 intervention services or services provided under

4 part H, the provision shall be deemed to refer

5 to—

6 ‘‘(i) the benefit, provided with respect

7 to early intervention services or services

8 provided under part H, respectively, for a

9 person with a relationship to an infant or

10 toddler with a disability (or a family mem11 ber of the infant or toddler, as appropriate);

12 and

13 ‘‘(ii) the benefit, provided with respect

14 to the other services referred to in the provi15 sion, for a person with a relationship to a

16 child with a disability (or a family member

17 of the child, as appropriate).

18 ‘‘(2) REFERENCES TO EARLY INTERVENTION RE19 SULTS.—

20 ‘‘(A) CHILD WITH A DISABILITY.—If a pro21 vision of this section or part C, D, or E refers

22 to results for a child with a disability, and the

23 results include early intervention results, the

24 provision shall be deemed to refer to—
289

•S 1578 RS

1 ‘‘(i) early intervention results for an

2 infant or toddler with a disability; and

3 ‘‘(ii) the other results referred to in the

4 provision for a child with a disability.

5 ‘‘(B) PERSON WITH A RELATIONSHIP TO A

6 CHILD WITH A DISABILITY.—If a provision of

7 this section or part C, D, or E refers to a benefit

8 (such as training or research) for a person de9 scribed in paragraph (1)(B)(ii) that is provided

10 to achieve results for a child with a disability,

11 and the results include early intervention results,

12 the provision shall be deemed to refer to—

13 ‘‘(i) the benefit, provided to achieve

14 early intervention results, for a person with

15 a relationship to an infant or toddler with

16 a disability; and

17 ‘‘(ii) the benefit, provided to achieve

18 other results referred to in the provision, for

19 a person with a relationship to a child with

20 a disability.’’.

21 SEC. 107. REPEALS.

22 (a) PROVISIONS.—Section 605 (20 U.S.C. 1404) and

23 section 607 (20 U.S.C. 1406) are repealed.
290

•S 1578 RS

1 (b) EFFECTIVE DATE.—The amendment made by sub2 section (a) shall take effect on the date of enactment of this

3 Act.

4 SEC. 108. TRANSITION RULE.

5 (a) RULE.—The Secretary of Education shall use

6 funds appropriated under the Individuals with Disabilities

7 Education Act (20 U.S.C. 1400 et seq.) for fiscal year 1997

8 to carry out such administrative activities as may be nec9 essary (including activities described in section 610 of such

10 Act (as amended in section 106), the evaluation of applica11 tions for financial assistance for fiscal year 1998 under sub12 section (d)(2) of such section 610 and parts C, D, and E

13 of such Act (as amended in titles III, IV, and V), the selec14 tion of recipients for such assistance, and the promulgation

15 of regulations), to ensure the efficient implementation by

16 October 1, 1997, of—

17 (1) such parts C, D, and E; and

18 (2) the provisions of part A of such Act that re19 late to activities carried out under such part C, D,

20 or E, with respect to such activities, and subsection

21 (d)(2) of such section 610.

22 (b) CONSTRUCTION.—Nothing in this section or the

23 amendments made by section 106 shall be construed to

24 grant the Secretary the authority to provide assistance to

25 any person, prior to October 1, 1997, to carry out any ac-
291

•S 1578 RS

1 tivity under section 610(d)(2) of the Individuals with Dis2 abilities Education Act (as amended in section 106) or part

3 C, D, or E (as amended in titles III, IV and V) of such

4 Act.

5 (c) FISCAL YEARS 1996 AND 1997.—Section 610 of the

6 Individuals with Disabilities Education Act (as in effect

7 on the day before the date of enactment of this Act) shall

8 apply with respect to administrative activities related to

9 the provision of financial assistance for fiscal years 1996

10 and 1997 under parts C through G of such Act (as in effect

11 on such date).

12 (d) EFFECTIVE DATE.—This section shall take effect

13 on the date of enactment of this Act.

14 SEC. 109. EFFECTIVE DATE.

15 Except as provided in section 107, the amendments

16 made by this title shall take effect on October 1, 1997.

17 TITLE II—ASSISTANCE FOR EDU18 CATION OF ALL CHILDREN

19 WITH DISABILITIES

20 SEC. 201. ENTITLEMENTS AND ALLOCATIONS.

21 (a) WITHIN STATE DISTRIBUTIONS.—Section 611 (20

22 U.S.C. 1411) is amended—

23 (1) in the matter immediately following sub24 section (b)(3)(B), by striking ‘‘(c)’’ and all that fol-
292

•S 1578 RS

1 lows through ‘‘(1) Of the funds’’ and inserting the fol2 lowing:

3 ‘‘(c)(1) Of the funds’’;

4 (2) in the matter immediately following sub5 section (c)(1) (as amended by paragraph (1)), by

6 striking ‘‘(2)’’ and all that follows through ‘‘(A) From

7 the funds’’ and inserting the following:

8 ‘‘(2)(A) From the funds’’; and

9 (3) in subsection (c) (as amended by paragraphs

10 (1) and (2))—

11 (A) in paragraph (1)—

12 (i) by realigning the margins of sub13 paragraphs (A) and (B) so as to align with

14 clause (i) of paragraph (4)(A); and

15 (ii) in subparagraph (B)—

16 (I) by striking ‘‘paragraph (4)’’

17 and inserting ‘‘subsection (d)(3)’’;

18 (II) by striking ‘‘and intermediate

19 educational units’’; and

20 (III) by striking ‘‘, for use in ac21 cordance with priorities established

22 under section 612(3)’’;

23 (B) in paragraph (2)(A) (as so redesignated

24 by paragraph (2))—
293

•S 1578 RS

1 (i) by realigning the margins of clauses

2 (i) and (ii) so as to align with clause (i) of

3 paragraph (4)(A);

4 (ii) by realigning the margins of sub5 clauses (I) and (II) of clause (ii) so as to

6 align with subclause (I) of subsection

7 (d)(2)(A)(i);

8 (iii) in clause (i), by striking ‘‘admin9 istrative costs related to carrying out sec10 tions 612 and 613; and’’ and inserting ‘‘the

11 purposes of administering this part;’’; and

12 (iv) in clause (ii)—

13 (I) in subclause (I), by striking

14 ‘‘in accordance with priorities estab15 lished under section 612(3); and’’ and

16 inserting a semicolon;

17 (II) in subclause (II), by striking

18 the period at the end thereof and in19 serting a semicolon; and

20 (III) by adding at the end thereof

21 the following:

22 ‘‘(III) to establish and implement the medi23 ation process required by section 615(e); and
294

•S 1578 RS

1 ‘‘(IV) for activities at the State and local

2 levels to meet the performance goals established

3 by the State under section 612(a)(16); and

4 ‘‘(iii) may use the remainder—

5 ‘‘(I) to develop and implement systems

6 change activities under part C;

7 ‘‘(II) to supplement other funds used to de8 velop and implement a statewide fully integrated

9 and coordinated services system that links edu10 cation, health, social welfare services, support

11 systems, private entities, and community entities

12 in a manner designed to improve the educational

13 and transitional results for children and families

14 (including children with disabilities and their

15 families), but not to exceed 1 percent of the

16 amount received by the State under this section;

17 or

18 ‘‘(III) for other appropriate activities, at

19 the discretion of the State educational agency,

20 that are consistent with the purposes described in

21 paragraphs (1) and (4) of section 601(c).

22 The system described in subclause (II) of clause (iii) shall

23 be coordinated with, and to the extent appropriate, support

24 the coordinated, services developed by the State under part

25 H.’’;
295

•S 1578 RS

1 (C) in paragraph (3), by striking ‘‘section

2 613(a)(9)’’ and inserting ‘‘section 612(a)(18)(A)

3 (ii) and (iii)’’; and

4 (D) by striking paragraph (4).

5 (b) SUBGRANTS.—Section 611(d) (20 U.S.C. 1411(d))

6 is amended—

7 (1) in paragraph (1)—

8 (A) by striking ‘‘or intermediate edu9 cational unit’’;

10 (B) by striking ‘‘or unit’’; and

11 (C) by striking ‘‘and units’’; and

12 (2) by adding at the end thereof the following

13 new paragraphs:

14 ‘‘(3)(A) A State may elect not to distribute funds to

15 any local educational agency under this section or under

16 section 619 for any fiscal year if the total amount the local

17 educational agency would receive, from the combination of

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

19 $7,500.

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

21 subparagraph (A), the State shall use the funds that would

22 otherwise be provided to the local educational agency to en23 sure the provision of a free appropriate public education

24 to children with disabilities residing in the area served by

25 that agency.
296

•S 1578 RS

1 ‘‘(C) A State’s authority under subparagraph (A) does

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

3 under paragraph (2) or section 619(g).

4 ‘‘(4) If a State educational agency determines that a

5 local educational agency is adequately providing a free ap6 propriate public education to all children with disabilities

7 residing in the area served by that agency with State and

8 local funds, the State educational agency may reallocate

9 any portion of the funds under this part that are not needed

10 by that local agency to provide a free appropriate public

11 education to other local educational agencies in the State

12 that are not adequately providing special education and re13 lated services to all children with disabilities residing in

14 the areas such other local educational agencies serve.’’.

15 (c) OUTLYING AREAS.—Section 611 (20 U.S.C. 1411)

16 is amended—

17 (1) in the matter immediately following sub18 section (d), by striking ‘‘(e)’’ and all that follows

19 through ‘‘effect).’’ and inserting the following:

20 ‘‘(e)(1)(A) The jurisdictions to which this subsection

21 applies are the outlying areas as defined in section 602.’’;

22 and

23 (2) in paragraph (2)—

24 (A) by striking ‘‘such jurisdictions are so’’

25 and inserting ‘‘such outlying areas are so’’;
297

•S 1578 RS

1 (B) by striking ‘‘such jurisdiction’’ and in2 serting ‘‘of the outlying areas’’; and

3 (C) by striking ‘‘(2) Each jurisdiction’’ and

4 inserting ‘‘(B) Each of the outlying areas’’;

5 (3) in paragraph (3)—

6 (A) by striking ‘‘each jurisdiction’’ and in7 serting ‘‘each of the outlying areas’’;

8 (B) by striking ‘‘such jurisdiction’’ and in9 serting ‘‘each of the outlying areas’’; and

10 (C) by striking ‘‘(3) The’’ and inserting

11 ‘‘(2) The’’; and

12 (4) by adding at the end thereof the following

13 new paragraph:

14 ‘‘(3) The provisions of section 501 of Public Law 95–

15 134 (48 U.S.C. 1469a), permitting the consolidation of

16 grants to outlying areas, shall not apply to funds such areas

17 receive under this section.’’.

18 (d) SECRETARY OF THE INTERIOR.—Section 611(f)

19 (20 U.S.C. 1411(f)) is amended—

20 (1) in paragraph (1)—

21 (A) by striking ‘‘for these children’’ and in22 serting ‘‘for children with disabilities aged 3

23 through 21, who are enrolled in programs affili24 ated with the BIA’’; and
298

•S 1578 RS

1 (B) by striking ‘‘aggregate amounts avail2 able for all States under this section for that fis3 cal year’’ and inserting ‘‘amount appropriated

4 under subsection (h) for that fiscal year’’;

5 (2) in paragraph (3)—

6 (A) by striking ‘‘an application that—’’

7 and inserting ‘‘information that—’’;

8 (B) in subparagraph (A), to read as follows:

9 ‘‘(A) demonstrates that the Department of the

10 Interior meets the appropriate requirements, as deter11 mined by the Secretary of Education, of sections 612

12 (including monitoring and evaluation activities) and

13 613;’’;

14 (C) in subparagraph (D), by striking ‘‘sec15 tion 618(b)(1)’’ and all that follows through ‘‘re16 quired in section 618(g)’’ and inserting ‘‘section

17 618’’;

18 (D) in subparagraph (E), by striking ‘‘an

19 assurance that, by October 1, 1992, the Secretary

20 of the Interior and the Secretary of Health and

21 Human Services’’ and all that follows through

22 ‘‘memorandum of agreement’’ and inserting ‘‘in23 formation that describes the activities undertaken

24 with regard to the memorandum of agreement
299

•S 1578 RS

1 between the Secretaries of the Interior and of

2 Health and Human Services’’; and

3 (E) in subparagraph (F)—

4 (i) by striking ‘‘its exercise of’’ and in5 serting ‘‘the Department of Education’s’’;

6 (ii) by striking ‘‘of this application’’

7 and inserting ‘‘related to information sub8 mitted to the Secretary of Education under

9 this paragraph’’; and

10 (iii) by striking ‘‘its duties’’ and in11 serting ‘‘the duties of the Department of the

12 Interior’’;

13 (3) in the matter immediately following para14 graph (3)(F), by striking ‘‘application.’’ and insert15 ing the following: ‘‘information. The Secretary of the

16 Interior shall submit annually to the Secretary of

17 Education a report on the status on the activities de18 scribed in subparagraphs (A) through (F) that the

19 Secretary of the Interior is carrying out.’’;

20 (4) in paragraph (4)—

21 (A) in subparagraph (A)—

22 (i) by striking ‘‘Beginning with’’ and

23 all that follows through ‘‘under section

24 611(a) for fiscal year 1992,’’ and inserting
300

•S 1578 RS

1 ‘‘With funds appropriated under subsection

2 (h),’’; and

3 (ii) by striking ‘‘aggregate amounts

4 available for all States under this section’’

5 and inserting ‘‘amount appropriated under

6 subsection (h)’’;

7 (B) in subparagraph (B), to read as follows:

8 ‘‘(B) The Secretary of the Interior shall distribute the

9 total amount of the 0.25 percent under subparagraph (A)

10 by allocating to each tribe or tribal organization an amount

11 based on the number of children with disabilities, aged 3

12 through 5, residing on reservations as reported annually di13 vided by the total of such children served by all tribes or

14 tribal organizations.’’;

15 (C) in subparagraph (D)—

16 (i) by striking ‘‘is encouraged to’’ and

17 inserting ‘‘shall’’;

18 (ii) by striking ‘‘The above entities’’

19 and inserting ‘‘The tribe and tribal organi20 zation’’; and

21 (iii) by striking ‘‘diagnosis’’ and in22 serting ‘‘diagnosis of the children’’;

23 (D) in subparagraph (E)—

24 (i) by striking ‘‘a biennial report’’ and

25 inserting ‘‘an annual report’’;
301

•S 1578 RS

1 (ii) by striking ‘‘following the one in

2 which’’ and inserting ‘‘following the year in

3 which’’;

4 (iii) by striking ‘‘a biennial basis’’ and

5 inserting ‘‘an annual basis’’; and

6 (iv) by striking ‘‘under this subsection’’

7 and inserting ‘‘under paragraph (3)’’; and

8 (E) in subparagraph (F)—

9 (i) by striking ‘‘(where appropriate,

10 intermediate educational units)’’; and

11 (ii) by striking ‘‘its divisions and of12 fices’’ and inserting ‘‘any appropriate divi13 sion or office of the Department of the Inte14 rior’’;

15 (5) in paragraph (5)—

16 (A) by striking ‘‘January 1, 1992’’ and in17 serting ‘‘June 1, 1997’’;

18 (B) by striking ‘‘Committee on Education

19 and Labor’’ and inserting ‘‘Chairman of the

20 Committee on Economic and Educational Op21 portunities’’;

22 (C) by striking ‘‘Committee on Labor’’ and

23 inserting ‘‘Chairman of the Committee on

24 Labor’’;
302

•S 1578 RS

1 (D) by striking ‘‘interested and involved

2 parties’’ and inserting ‘‘interested and involved

3 parties, including parents of Indian children

4 with disabilities’’; and

5 (E) by striking ‘‘interested parties’’ and in6 serting ‘‘interested agencies, organizations, or in7 dividuals’’; and

8 (6) in paragraph (6)—

9 (A) by striking ‘‘sections 613(a)(12) of this

10 Act’’ and inserting ‘‘section 612(a)(20)’’;

11 (B) by striking ‘‘, within 6 months’’ and all

12 that follows through ‘‘Bureau of Indian Affairs

13 (BIA),’’;

14 (C) in subparagraph (A), by striking ‘‘chil15 dren, and youth’’ and inserting ‘‘and children’’;

16 (D) in subparagraph (D), by striking

17 ‘‘and;’’ and inserting a semicolon;

18 (E) in subparagraph (E), by striking the

19 period at the end thereof and inserting ‘‘and;’’;

20 and

21 (F) by adding at the end thereof the follow22 ing new subparagraph:

23 ‘‘(F) prepare a status report on the educational

24 and transitional results for Indian children with dis-
303

•S 1578 RS

1 abilities, to be submitted to the Secretary of the Inte2 rior on January 2, 1997.’’.

3 (e) REPORTING DATES FOR FUNDING ESTIMATES.—

4 Section 611(g) (20 U.S.C. 1411(g)) is amended—

5 (1) in paragraph (1)(C)(i), by striking ‘‘and in6 termediate educational units’’; and

7 (2) in paragraph (2)—

8 (A) in subparagraph (A), by striking ‘‘or

9 intermediate educational unit’’; and

10 (B) in subparagraph (B)—

11 (i) by striking ‘‘and intermediate edu12 cational units’’ each place it appears; and

13 (ii) by striking ‘‘or unit’’ each place it

14 appears.

15 (f) CHILD COUNT.—Section 611(a)(3) is amended by

16 striking ‘‘December 1’’ and inserting ‘‘the last Friday of

17 October or December 1’’.

18 SEC. 202. STATE ELIGIBILITY.

19 Section 612 (20 U.S.C. 1412) is amended to read as

20 follows:

21 ‘‘SEC. 612. STATE ELIGIBILITY.

22 ‘‘(a) IN GENERAL.—A State is eligible for assistance

23 under this part for any fiscal year if the State demonstrates

24 to the satisfaction of the Secretary that the State has in
304

•S 1578 RS

1 effect policies and procedures to ensure that the State meets

2 each of the following conditions:

3 ‘‘(1) FREE APPROPRIATE PUBLIC EDUCATION.—

4 ‘‘(A) IN GENERAL.—A free appropriate pub5 lic education is available to all children with

6 disabilities aged 3 through 21 who are residing

7 in the State.

8 ‘‘(B) APPLICABILITY.—Subparagraph (A)

9 does not apply with respect to children aged 3

10 through 5 and 18 through 21 in a State to the

11 extent that the application of such subparagraph

12 to such children would be inconsistent with State

13 law or practice, or the order of any court, re14 specting the provision of public education to

15 children in such age ranges.

16 ‘‘(2) FULL EDUCATIONAL OPPORTUNITY GOAL.—

17 The State has established a goal of providing full edu18 cational opportunity to all children with disabilities

19 and a detailed timetable for accomplishing the goal.

20 ‘‘(3) CHILD FIND.—

21 ‘‘(A) IN GENERAL.—All children with dis22 abilities residing in the State are identified, lo23 cated, and evaluated, regardless of the severity of

24 the disability of the children.
305

•S 1578 RS

1 ‘‘(B) CONSTRUCTION.—Nothing in this Act

2 requires that children be classified by their dis3 ability so long as each child who has a disability

4 listed in section 602(a)(4)(A)(i) and who, by rea5 son of that disability, needs special education

6 and related services is regarded as a child with

7 a disability under this part.

8 ‘‘(4) INDIVIDUALIZED EDUCATION PROGRAM.—

9 An individualized education program (or an individ10 ualized family service plan that meets the content re11 quirements of section 677(d)) is developed, reviewed,

12 and revised in accordance with subsections (d)

13 through (i) of section 614.

14 ‘‘(5) LEAST RESTRICTIVE ENVIRONMENT.—

15 ‘‘(A) IN GENERAL.—To the maximum ex16 tent appropriate, children with disabilities (in17 cluding children in public or private institutions

18 or other care facilities) are educated with chil19 dren who are not disabled, and special classes,

20 separate schooling, or other removal of children

21 with disabilities from the regular educational en22 vironment occurs only when the nature or sever23 ity of a child’s disability is such that education

24 in regular classes with the use of special edu25 cation and related services and supplementary
306

•S 1578 RS

1 aids and services cannot be achieved satisfac2 torily.

3 ‘‘(B) FUNDING.—

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

5 funding mechanism by which the State dis6 tributes State funds on the basis of the type

7 of setting in which a child is served, the

8 funding mechanism does not result in place9 ments that violate the requirements of sub10 paragraph (A).

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

12 not have policies and procedures to ensure

13 compliance with clause (i), the State shall

14 provide the Secretary with an assurance

15 that the State will revise the funding mech16 anism used by the State as soon as feasible

17 to ensure that the funding mechanism does

18 not result in such placements.

19 ‘‘(C) DISPROPORTIONALITY.—

20 ‘‘(i) IN GENERAL.—Data are examined

21 by the State educational agency to deter22 mine if significant racial disproportionality

23 is occurring in the identification of children

24 as children with disabilities (including the

25 classification of such children according to
307

•S 1578 RS

1 a particular impairment described in sec2 tion 602(a)(4)) or in the placement of such

3 children in particular types of settings.

4 ‘‘(ii) REVIEW AND REVISION OF POLI5 CIES.—In the case of an occurrence de6 scribed in clause (i), the placement and

7 evaluation policies, procedures, and prac8 tices are reviewed and, if appropriate, re9 vised, to ensure that such policies, proce10 dures, and practices comply with the re11 quirements of this Act.

12 ‘‘(6) PROCEDURAL SAFEGUARDS.—Children with

13 disabilities and their parents are afforded the proce14 dural safeguards required by section 615 and 615A.

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

16 are evaluated in accordance with subsections (a)

17 through (c) of section 614.

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

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

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

22 PROGRAMS.—

23 ‘‘(A) IN GENERAL.—Children who are par24 ticipating in early intervention programs under

25 part H and who will participate in preschool
308

•S 1578 RS

1 programs assisted under this part, are provided

2 an effective transition to such preschool pro3 grams.

4 ‘‘(B) TRANSITION PLANNING.—Local edu5 cational agency personnel will participate in

6 transition planning conferences convened by the

7 designated or established lead agency under sec8 tion 678(a)(8)(A)(ii)(II).

9 ‘‘(C) INDIVIDUALIZED EDUCATION PRO10 GRAM; INDIVIDUALIZED FAMILY SERVICE PLAN.—

11 By the third birthday of a child who participates

12 in the programs described in subparagraph (A),

13 an individualized education program or, if con14 sistent with section 614(d)(1)(B) or 677(d), an

15 individualized family service plan, has been de16 veloped and is being implemented.

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

18 ‘‘(A) CHILDREN PLACED IN PRIVATE

19 SCHOOLS BY THEIR PARENTS.—To the extent

20 consistent with the number and location of chil21 dren with disabilities in the State who are en22 rolled by their parents in private elementary

23 and secondary schools, provision is made for the

24 participation of such children in the program

25 assisted or carried out under this part by pro-
309

•S 1578 RS

1 viding special education and related services for

2 such children.

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

4 TO, PRIVATE SCHOOLS BY PUBLIC AGENCIES.—

5 ‘‘(i) IN GENERAL.—Children with dis6 abilities in private schools and facilities are

7 provided special education and related serv8 ices, in accordance with individualized edu9 cation programs, at no cost to their parents,

10 if such children are placed in, or referred to,

11 such schools or facilities by the State or a

12 local educational agency in order to comply

13 with this part or with any other law requir14 ing the provision of special education and

15 related services to all children with disabil16 ities in the State.

17 ‘‘(ii) STANDARDS.—In all cases de18 scribed in clause (i), children with disabil19 ities are placed in, or referred to, only pri20 vate schools and facilities that meet stand21 ards that apply to State and local edu22 cational agencies, and children with disabil23 ities served in such schools and facilities

24 have all the rights such children would have

25 if served by such agencies.
310

•S 1578 RS

1 ‘‘(C) PAYMENT FOR EDUCATION OF CHIL2 DREN PLACED IN PRIVATE SCHOOLS WITHOUT

3 CONSENT OF OR REFERRAL BY THE PUBLIC

4 AGENCY.—

5 ‘‘(i) IN GENERAL.—Subject to subpara6 graph (A), this part does not require a local

7 educational agency to pay for the cost of

8 education, including special education and

9 related services, of a child with a disability

10 at a private school or facility if that agency

11 made a free appropriate public education

12 available to the child and the parents elect13 ed to place the child in such private school

14 or facility.

15 ‘‘(ii) LIMITATION ON REIMBURSEMENT

16 FOR SERVICES.—If, as a result of mediation

17 described in section 615(e), or as a result of

18 a decision rendered under the procedural

19 safeguards of section 615, the parents of a

20 child with a disability who previously re21 ceived special education and related services

22 under the authority of a local educational

23 agency enroll their child in a private ele24 mentary or secondary school without the

25 consent of, or a referral by the local edu-
311

•S 1578 RS

1 cational agency, any reimbursement for the

2 cost of that enrollment that the local edu3 cational agency may otherwise be required

4 to make to the parents may be reduced or

5 denied—

6 ‘‘(I) if, 10 business days (includ7 ing any holidays that occur on a busi8 ness day) prior to the removal of the

9 child from the public school, the par10 ents do not provide a written statement

11 rejecting the placement proposed by the

12 local educational agency to provide a

13 free appropriate public education to

14 the child; or

15 ‘‘(II) upon a judicial finding of

16 unreasonableness with respect to ac17 tions taken by the parents.

18 ‘‘(11) SEA RESPONSIBLE FOR GENERAL

19 SUPERVISION.—

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

21 agency is responsible for ensuring the following:

22 ‘‘(i) REQUIREMENTS.—The require23 ments of this part are carried out.

24 ‘‘(ii) EDUCATIONAL PROGRAMS.—All

25 educational programs for children with dis-
312

•S 1578 RS

1 abilities in the State, including all such

2 programs administered by any other State

3 or local agency, are under the general su4 pervision of the persons in the State edu5 cational agency who are responsible for edu6 cational programs for children with disabil7 ities and meet educational standards of the

8 State educational agency.

9 ‘‘(B) SPECIAL RULE.—Subparagraph (A)

10 shall not be construed as limiting the obligations

11 of agencies other than educational agencies to

12 provide, or pay for some or all of the costs of, a

13 free appropriate public education for any child

14 with a disability in the State.

15 ‘‘(12) OBLIGATIONS RELATED TO AND METHODS

16 OF ENSURING SERVICES.—

17 ‘‘(A) ESTABLISHING RESPONSIBILITY FOR

18 SERVICES.—The Chief Executive Officer of the

19 State or designee of the Chief Executive Officer

20 shall ensure that an interagency agreement or

21 other mechanism for interagency coordination is

22 in effect between each public agency described in

23 subparagraph (B) and the appropriate edu24 cational agency within the State, in order to en25 sure that all services described in subparagraph
313

•S 1578 RS

1 (B)(i) that are needed to ensure a free appro2 priate public education are provided, including

3 the provision of such services during the pend4 ency of any dispute under clause (iii). Such

5 agreement or mechanism shall include the

6 following:

7 ‘‘(i) AGENCY FINANCIAL RESPONSIBIL8 ITY.—An identification of, or a method for

9 defining, the financial responsibility of each

10 agency for providing all services described

11 in subparagraph (B)(i) to ensure a free ap12 propriate public education to children with

13 disabilities provided that the financial re14 sponsibility of each public agency described

15 in subparagraph (B) including the State

16 Medicaid agency, and other public or pri17 vate insurers of children with disabilities (if

18 the filing of claims with such insurers is

19 voluntary on the part of the parents) shall

20 precede the financial responsibility of the

21 local educational agency (or the State agen22 cy responsible for developing the child’s

23 IEP).

24 ‘‘(ii) CONDITIONS, TERMS, AND PROCE25 DURES OF REIMBURSEMENT.—The condi-
314

•S 1578 RS

1 tions, terms, and procedures under which a

2 local educational agency shall be reimbursed

3 by other agencies.

4 ‘‘(iii) INTERAGENCY DISPUTES.—Pro5 cedures for resolving interagency disputes

6 (including procedures under which local

7 educational agencies may initiate proceed8 ings) under the agreement or other mecha9 nism to secure reimbursement from other

10 agencies or otherwise implement the provi11 sions of the agreement or mechanism.

12 ‘‘(iv) COORDINATION OF SERVICES

13 PROCEDURES.—Policies and procedures for

14 agencies to determine and identify the

15 interagency coordination responsibilities of

16 each agency to promote the coordination

17 and timely delivery of services described in

18 subparagraph (A)(i).

19 ‘‘(B) OBLIGATION OF PUBLIC AGENCY.—

20 ‘‘(i) IN GENERAL.—If any public agen21 cy other than an educational agency is oth22 erwise obligated under Federal or State law,

23 or assigned responsibility under State pol24 icy or under subparagraph (A), to provide

25 or pay for any services that are also consid-
315

•S 1578 RS

1 ered as special education or related services

2 (such as, but not limited to, services de3 scribed in sections 602(a)(1) relating to

4 assistive technology devices, 602(a)(2) relat5 ing to assistive technology services,

6 602(a)(24) relating to related services,

7 602(a)(31) relating to supplementary aids

8 and services, and section 602(a)(33) relat9 ing to transition services) that are necessary

10 for ensuring a free appropriate public edu11 cation to children with disabilities within

12 the State, such public agency shall fulfill

13 that obligation or responsibility, either di14 rectly or through contract or other arrange15 ment.

16 ‘‘(ii) REIMBURSEMENT FOR SERVICES

17 BY PUBLIC AGENCY.—In a case in which a

18 public agency other than an educational

19 agency fails to fulfill the agency’s financial

20 responsibility described in subparagraph

21 (A)(i) to provide or pay for the special edu22 cation or related services described in clause

23 (i) for children with disabilities and the

24 local educational agency (or State agency

25 responsible for developing the child’s IEP)
316

•S 1578 RS

1 provides or pays for such services to such

2 children, the local educational agency (or

3 State agency responsible for developing the

4 child’s IEP) may claim reimbursement

5 from such public agency for such services.

6 Such public agency shall reimburse the local

7 educational agency (or State agency respon8 sible for developing the child’s IEP) pursu9 ant to the terms of the interagency agree10 ment or other mechanism in effect under

11 subparagraph (A)(i) according to the proce12 dures established pursuant to subparagraph

13 (A)(ii).

14 ‘‘(C) SPECIAL RULE.—The requirements of

15 subparagraph (A) may be met through—

16 ‘‘(i) State statute or regulation;

17 ‘‘(ii) signed agreements between respec18 tive agency officials that clearly identify the

19 responsibilities of each agency relating to

20 the provision of services; or

21 ‘‘(iii) other appropriate methods as de22 termined by the Chief Executive Officer of

23 the State or designee of the Chief Executive

24 Officer.
317

•S 1578 RS

1 ‘‘(13) LOCAL EDUCATIONAL AGENCY ELIGI2 BILITY.—The State educational agency will not make

3 a final determination that a local educational agency

4 is not eligible for assistance under this part without

5 first affording the local educational agency reasonable

6 notice and an opportunity for a hearing.

7 ‘‘(14) COMPREHENSIVE SYSTEM OF PERSONNEL

8 DEVELOPMENT.—The State has in effect, consistent

9 with the purposes of this Act and with section

10 676(b)(8), a comprehensive system of personnel devel11 opment that is designed to ensure an adequate supply

12 of qualified special education and related services per13 sonnel necessary to carry out this part and that in14 cludes the following:

15 ‘‘(A) STATEWIDE DATA.—Statewide data

16 that include the number of personnel providing

17 special education and related services, and of

18 that number, the number of individuals with

19 temporary certification, and the number of

20 vacancies.

21 ‘‘(B) PERSONNEL DEVELOPMENT PLAN.—A

22 personnel development plan that meets the fol23 lowing requirements:

24 ‘‘(i) CONSULTATIONS.—The plan is de25 veloped in consultation with parents of chil-
318

•S 1578 RS

1 dren with disabilities, State and local edu2 cational agencies, institutions of higher edu3 cation, and professional associations.

4 ‘‘(ii) PERSONNEL.—The plan addresses

5 or includes the following:

6 ‘‘(I) PERSONNEL NEEDS.—The

7 current and projected needs for special

8 education and related services person9 nel throughout the State.

10 ‘‘(II) SERVICE PREPARATION OF

11 PERSONNEL.—The plan addresses the

12 need for the preservice and inservice

13 preparation of personnel throughout

14 the State, including regular education,

15 special education, and related services

16 personnel, to provide educational and

17 related services to children with dis18 abilities.

19 ‘‘(III) RECRUITMENT.—The plan

20 includes a system or procedures for re21 cruiting, preparing, and retaining

22 qualified personnel, including person23 nel with disabilities and personnel

24 from groups that are underrepresented
319

•S 1578 RS

1 in the field of special education and re2 lated services.

3 ‘‘(IV) INTEGRATION WITH OTHER

4 PLANS.—The plan is integrated, to the

5 maximum extent possible, with other

6 professional development plans and ac7 tivities, including plans and activities

8 developed or carried out under other

9 Federal law and State law that ad10 dress personnel recruitment and train11 ing.

12 ‘‘(iii) REVISION.—The plan is revised

13 every 3 years.

14 ‘‘(15) PERSONNEL STANDARDS.—The State edu15 cational agency has established policies and proce16 dures relating to the establishment and maintenance

17 of standards to ensure that personnel necessary to

18 carry out the purposes of this part are appropriately

19 and adequately prepared and trained, including the

20 following:

21 ‘‘(A) STANDARDS.—The establishment and

22 maintenance of standards that are consistent

23 with any State approved or recognized certifi24 cation, licensing, registration, or other com25 parable requirements that apply to the area in
320

•S 1578 RS

1 which such personnel are providing special edu2 cation or related services.

3 ‘‘(B) RETRAINING AND HIRING.—To the ex4 tent such standards described in subparagraph

5 (A) are not based on the highest requirements in

6 the State applicable to a specific profession or

7 discipline, the State is carrying out measures to

8 require the retraining or hiring of personnel that

9 meet appropriate professional requirements in

10 the State.

11 ‘‘(C) USE OF PARAPROFESSIONALS.—Noth12 ing in this Act, including subparagraphs (A)

13 and (B), prohibits the use of paraprofessionals

14 who are appropriately trained and supervised by

15 qualified personnel (in accordance with State

16 law, regulations, or written policy), in meeting

17 the requirements of this part.

18 ‘‘(16) PERFORMANCE GOALS AND INDICATORS.—

19 ‘‘(A) GOALS.—The State has established

20 goals for the performance of children with dis21 abilities in the State that are consistent with the

22 purposes of section 601(c)(1) and that are con23 sistent, to the maximum extent appropriate, with

24 other goals and standards established by the

25 State.
321

•S 1578 RS

1 ‘‘(B) PERFORMANCE INDICATORS.—The

2 State has established performance indicators that

3 the State will use to assess the progress toward

4 achieving the goals described in subparagraph

5 (A) and that, at a minimum, address the per6 formance of children with disabilities on assess7 ments and the dropout rates and graduation

8 rates of such children.

9 ‘‘(C) REPORT.—The State will report every

10 2 years to the Secretary and the public on the

11 progress of the State, and of children with dis12 abilities in the State, toward meeting the goals

13 established under subparagraph (A).

14 ‘‘(17) PARTICIPATION IN ASSESSMENTS.—

15 ‘‘(A) ASSESSMENTS.—

16 ‘‘(i) STATE AND DISTRICTWIDE AS17 SESSMENTS.—Children with disabilities are

18 included in general State and districtwide

19 assessment programs, with appropriate ac20 commodations, where necessary.

21 ‘‘(ii) ALTERNATE ASSESSMENTS.—The

22 State educational agency or local edu23 cational agency, as appropriate, will de24 velop guidelines for the participation of

25 children with disabilities in alternate as-
322

•S 1578 RS

1 sessments for such children who cannot par2 ticipate in State and districtwide assess3 ment programs and as soon as feasible, but

4 not later than July 1, 1999, will conduct

5 such alternate assessments.

6 ‘‘(B) PUBLIC INFORMATION.—The State

7 educational agency shall, as soon as feasible, but

8 not later than July 1, 2000, make reports to the

9 public, with the same frequency and in the same

10 detail as the State makes reports on the assess11 ment of nondisabled children, on the following

12 information with respect to children with dis13 abilities:

14 ‘‘(i) REGULAR ASSESSMENTS.—The

15 number of children with disabilities partici16 pating in regular assessments.

17 ‘‘(ii) ALTERNATE ASSESSMENTS.—The

18 number of such children participating in

19 alternate assessments.

20 ‘‘(iii) PERFORMANCE.—The perform21 ance of children with disabilities on regular

22 assessments and on alternate assessments

23 when doing so meets generally accepted pro24 fessional standards and would not result in
323

•S 1578 RS

1 the disclosure of performance results identi2 fiable to individual children.

3 ‘‘(18) USE OF FUNDS.—

4 ‘‘(A) IN GENERAL.—

5 ‘‘(i) EXPENDITURES.—Funds paid to

6 the State under this part will be expended

7 in accordance with all provisions of this

8 part.

9 ‘‘(ii) NONCOMMINGLING.—The funds

10 described in clause (i) will not be commin11 gled with State funds.

12 ‘‘(iii) SUPPLEMENT—NOT SUP13 PLANT.—Except as provided in subpara14 graph (B), the funds described in clause (i)

15 will be used to supplement State, local, and

16 other Federal funds (including funds not

17 under the direct control of State or local

18 educational agencies) expended for special

19 education and related services, and not to

20 supplant such funds.

21 ‘‘(B) WAIVER.—The Secretary may waive,

22 in part, the requirements of clause (iii) of sub23 paragraph (A) if the Secretary determines that

24 the State has provided clear and convincing evi25 dence that all children with disabilities in the
324

•S 1578 RS

1 State have available a free appropriate public

2 education.

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

4 adoption of any policies and procedures needed to

5 comply with this section (including any amendments

6 to such policies and procedures), there are public

7 hearings, adequate notice of the hearings, and an op8 portunity for comment available to the general public,

9 including individuals with disabilities and parents of

10 children with disabilities. In a case in which policies

11 and procedures have been developed by a State edu12 cational agency or through a State legislative hearing

13 and comment process that provides an opportunity

14 for comment by the general public prior to the adop15 tion of any policies and procedures by the State, no

16 further public review or public comment period is re17 quired.

18 ‘‘(20) STATE ADVISORY PANEL.—

19 ‘‘(A) IN GENERAL.—The State has an advi20 sory panel, appointed by the Governor or any

21 other official authorized under State law to make

22 such appointments, that is representative of the

23 State population and that is composed of indi24 viduals involved in, or concerned with, the edu-
325

•S 1578 RS

1 cation of children with disabilities, including the

2 following:

3 ‘‘(i) Parents of children with

4 disabilities.

5 ‘‘(ii) Individuals with disabilities.

6 ‘‘(iii) Teachers.

7 ‘‘(iv) Representatives of institutions of

8 higher education that prepare special edu9 cation and related services personnel.

10 ‘‘(v) State and local education officials.

11 ‘‘(vi) Administrators of programs for

12 children with disabilities.

13 ‘‘(vii) Representatives of other State

14 agencies involved in the financing or deliv15 ery of related services to children with

16 disabilities.

17 ‘‘(viii) At least one representative of a

18 vocational, community, or business organi19 zation concerned with the provision of tran20 sition services to children with disabilities.

21 ‘‘(ix) Any other individual, as deter22 mined by the State educational agency.

23 ‘‘(B) DUTIES.—The advisory panel shall

24 carry out the following duties:
326

•S 1578 RS

1 ‘‘(i) Advise the State educational agen2 cy of unmet needs within the State in the

3 education of children with disabilities.

4 ‘‘(ii) Comment publicly on any rules

5 or regulations proposed by the State regard6 ing the following:

7 ‘‘(I) The education of children

8 with disabilities.

9 ‘‘(II) The procedures for distribu10 tion of funds received by the State

11 under this part.

12 ‘‘(iii) Advise the State educational

13 agency with respect to developing evalua14 tions and reporting on data to the Sec15 retary under section 618.

16 ‘‘(iv) Advise the State educational

17 agency with respect to developing corrective

18 action plans to address findings identified

19 in Federal monitoring reports under this

20 part.

21 ‘‘(v) Advise the State educational agen22 cy with respect to developing and imple23 menting policies relating to the coordina24 tion of services for children with

25 disabilities.
327

•S 1578 RS

1 ‘‘(C) CONSOLIDATION OF PANELS.—Any

2 State panel that meets the requirement of section

3 306 of the Goals 2000: Educate America Act (20

4 U.S.C. 5886), or any committee of practitioners

5 created under section 1603(b) of the Elementary

6 and Secondary Education Act of 1965 (20

7 U.S.C. 6513(b)), may also serve as the State ad8 visory panel under this part if such State panel

9 or committee meets the requirements of this part.

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

11 SERVICES.—If a State educational agency provides free ap12 propriate public education to children with disabilities, or

13 provides such children direct services, the State educational

14 agency—

15 ‘‘(1) shall comply with any additional require16 ments of section 613(a) as if the State educational

17 agency were a local educational agency; and

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

19 to the State educational agency under this part to

20 serve such children without regard to section

21 613(a)(3)(B) relating to excess costs.

22 ‘‘(c) SUBMISSION OF ELIGIBILITY INFORMATION.—

23 ‘‘(1) SUBMISSION OF INFORMATION.—Except as

24 provided in paragraph (2), a State that wishes to es25 tablish its eligibility under this section shall submit
328

•S 1578 RS

1 to the Secretary such information as the Secretary

2 may reasonably require.

3 ‘‘(2) EXISTING INFORMATION ON POLICIES AND

4 PROCEDURES.—If a State has on file with the Sec5 retary policies and procedures that demonstrate that

6 the State meets any requirement of this section, in7 cluding any policies and procedures filed under this

8 part as in effect prior to the date of enactment of the

9 Individuals with Disabilities Education Act Amend10 ments of 1996, the Secretary shall consider the State

11 as meeting that requirement.

12 ‘‘(3) MODIFICATIONS OF POLICIES AND PROCE13 DURES.—The Secretary may require a State to sub14 mit additional eligibility information if the State

15 modifies the policies and procedures that the State

16 has filed with the Secretary consistent with para17 graphs (1) and (2).

18 ‘‘(d) SECRETARIAL APPROVAL.—

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

20 that a State is eligible under this section, the Sec21 retary shall notify the State of the determination.

22 ‘‘(2) LIMITATIONS.—The Secretary shall make a

23 final determination that a State is not eligible under

24 this section only after providing the State—

25 ‘‘(A) reasonable notice; and
329

•S 1578 RS

1 ‘‘(B) an opportunity for a hearing.

2 ‘‘(e) ASSISTANCE UNDER OTHER FEDERAL PRO3 GRAMS.—Nothing in this Act shall be construed to permit

4 a State to reduce medical and other assistance available,

5 or to alter eligibility, under titles V and XIX of the Social

6 Security Act with respect to the provision of a free appro7 priate public education for children with disabilities within

8 the State.

9 ‘‘(f) BYPASS FOR CHILDREN IN PRIVATE SCHOOLS.—

10 ‘‘(1) IN GENERAL.—If, on the date of enactment

11 of the Education of the Handicapped Act Amend12 ments of 1983, a State educational agency was pro13 hibited by law from providing for the participation

14 in special programs of children with disabilities en15 rolled in private elementary and secondary schools as

16 required by subsection (a)(10)(A), the Secretary shall

17 waive such requirement, and shall arrange for the

18 provision of services to such children through arrange19 ments that shall be subject to the requirements of sub20 section (a)(10)(A).

21 ‘‘(2) FUNDING.—

22 ‘‘(A) IN GENERAL.—When the Secretary ar23 ranges for services pursuant to this subsection,

24 the Secretary, after consultation with the appro25 priate public and private school officials, shall
330

•S 1578 RS

1 pay to the provider of such services an amount

2 per child that does not exceed the amount deter3 mined by dividing—

4 ‘‘(i) the total amount received by the

5 State under this part; by

6 ‘‘(ii) the number of children with dis7 abilities served by the State in the preced8 ing year as reported to the Secretary under

9 section 618.

10 ‘‘(B) WITHHOLDING OF FUNDS.—Pending

11 final resolution of any investigation or com12 plaint that could result in a determination

13 under this subsection that the State is prohibited

14 from complying with subsection (a)(10)(A) by

15 State law, the Secretary may withhold from the

16 allocation of the affected State educational agen17 cy the amount the Secretary estimates would be

18 necessary to pay the cost of such services.

19 ‘‘(C) DETERMINATIONS BY THE SEC20 RETARY.—Any determination by the Secretary

21 under this subsection shall continue in effect

22 until the Secretary determines that there will no

23 longer be any failure or inability on the part of

24 the State educational agency to meet the require25 ments of subsection (a)(10)(A).
331

•S 1578 RS

1 ‘‘(3) FINAL ACTION.—

2 ‘‘(A) OBJECTIONS.—The Secretary may not

3 take any final action under this subsection until

4 the State educational agency affected by such ac5 tion has had an opportunity, for at least 45 days

6 after receiving written notice thereof, to submit

7 written objections and to appear before the Sec8 retary or the Secretary’s designee to show cause

9 why such action should not be taken.

10 ‘‘(B) PETITION FOR REVIEW.—If a State

11 educational agency is dissatisfied with the Sec12 retary’s final action after a proceeding under

13 subparagraph (A), the State educational agency

14 may, within 60 days after notice of such action,

15 file with the United States court of appeals for

16 the circuit in which such State is located a peti17 tion for review of that action. A copy of the peti18 tion shall be forthwith transmitted by the clerk

19 of the court to the Secretary. The Secretary

20 thereupon shall file in the court the record of the

21 proceedings on which the Secretary based the

22 Secretary’s action, as provided in section 2112 of

23 title 28, United States Code.

24 ‘‘(C) FINDINGS.—The findings of fact by the

25 Secretary, if supported by substantial evidence,
332

•S 1578 RS

1 shall be conclusive, but the court, for good cause

2 shown, may remand the case to the Secretary to

3 take further evidence. The Secretary may there4 upon make new or modified findings of fact and

5 may modify the Secretary’s previous action, and

6 shall file in the court the record of the further

7 proceedings. Such new or modified findings of

8 fact shall likewise be conclusive if supported by

9 substantial evidence.

10 ‘‘(D) COURT’S ACTION.—Upon the filing of

11 a petition under subparagraph (B), the court

12 shall have jurisdiction to affirm the action of the

13 Secretary or to set it aside, in whole or in part.

14 The judgment of the court shall be subject to re15 view by the Supreme Court of the United States

16 upon certiorari or certification as provided in

17 section 1254 of title 28, United States Code.’’.

18 SEC. 203. LOCAL EDUCATIONAL AGENCY AND STATE AGEN19 CY ELIGIBILITY.

20 Section 613 (20 U.S.C. 1413) is amended to read as

21 follows:

22 ‘‘SEC. 613. LOCAL EDUCATIONAL AGENCY AND STATE AGEN23 CY ELIGIBILITY.

24 ‘‘(a) IN GENERAL.—A local educational agency is eli25 gible for assistance under this part for any fiscal year if
333

•S 1578 RS

1 the local educational agency demonstrates to the satisfaction

2 of the State educational agency that the local educational

3 agency meets each of the following conditions:

4 ‘‘(1) CONSISTENCY WITH STATE POLICIES.—The

5 local educational agency, in providing for the edu6 cation of children with disabilities within the juris7 diction of the local educational agency, has in effect

8 policies, procedures, and programs that are consistent

9 with the State policies and procedures established

10 under section 612 with respect to the following:

11 ‘‘(A) The availability of a free appropriate

12 public education under section 612(a)(1).

13 ‘‘(B) The goal of providing full educational

14 opportunity to all children with disabilities

15 under section 612(a)(2).

16 ‘‘(C) The identification, location, and eval17 uation of children with disabilities under section

18 612(a)(3).

19 ‘‘(D) Individualized education programs

20 under section 612(a)(4).

21 ‘‘(E) Education of children in the least re22 strictive environment under section 612(a)(5).

23 ‘‘(F) Procedural safeguards under section

24 612(a)(6).

25 ‘‘(G) Evaluation under section 612(a)(7).
334

•S 1578 RS

1 ‘‘(H) Confidentiality under section

2 612(a)(8).

3 ‘‘(I) Transition of children from early inter4 vention programs under part H to preschool pro5 grams under section 612(a)(9).

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

8 ‘‘(2) COMPREHENSIVE SYSTEM OF PERSONNEL

9 DEVELOPMENT.—The local educational agency, to the

10 extent appropriate, contributes to and uses the State’s

11 comprehensive system of personnel development estab12 lished under section 612(a)(14).

13 ‘‘(3) USE OF FUNDS.—Funds provided to the

14 local educational agency under this part will be ex15 pended or used in the following manner:

16 ‘‘(A) EXPENDITURES.—Funds will be ex17 pended in accordance with the applicable provi18 sions of this part.

19 ‘‘(B) EXCESS COSTS.—Funds will be used

20 only to pay the excess costs of providing special

21 education and related services to children with

22 disabilities.

23 ‘‘(C) SUPPLEMENT—NOT SUPPLANT.—

24 Funds will be used to supplement State, local,
335

•S 1578 RS

1 and other Federal funds and not to supplant

2 such funds.

3 ‘‘(D) LEVEL OF EXPENDITURES.—Except as

4 provided in subparagraph (E), funds will not be

5 used to reduce the level of expenditures for the

6 education of children with disabilities made by

7 the local educational agency from State or local

8 funds below the level of such expenditures for the

9 preceding fiscal year.

10 ‘‘(E) EXCEPTION.—Notwithstanding the

11 limitation in subparagraph (D), a local edu12 cational agency may reduce the level of expendi13 tures for the education of children with disabil14 ities if such reduction is the result of—

15 ‘‘(i) the voluntary departure, by retire16 ment or otherwise, of special education per17 sonnel who are paid at or near the top of

18 the agency’s salary scale;

19 ‘‘(ii) decreases in enrollment of chil20 dren with disabilities;

21 ‘‘(iii) the end of the agency’s obliga22 tion, consistent with this part, to provide

23 an exceptionally costly program of special

24 education to a particular child with a dis25 ability because the child—
336

•S 1578 RS

1 ‘‘(I) has left the agency’s jurisdic2 tion;

3 ‘‘(II) has reached the age at which

4 the agency’s obligation to provide a

5 free appropriate public education to

6 the child terminates; or

7 ‘‘(III) no longer needs the pro8 gram; or

9 ‘‘(iv) the termination of unusually

10 large expenditures for such long-term pur11 poses as the acquisition of equipment and

12 the construction of school facilities.

13 ‘‘(4) PERMISSIVE USE OF FUNDS.—Notwith14 standing paragraph (3)(B) or section

15 612(a)(18)(A)(ii) (relating to commingled funds),

16 funds provided to the local educational agency under

17 this part may be used for the following activities:

18 ‘‘(A) SERVICES AND AIDS THAT ALSO BENE19 FIT NONDISABLED CHILDREN.—For the costs of

20 special education and related services and sup21 plementary aids and services provided in a regu22 lar class to a child with a disability in accord23 ance with the individualized education program

24 of the child, even if one or more nondisabled chil25 dren benefit from such services.
337

•S 1578 RS

1 ‘‘(B) SERVICES AND AIDS THAT ALSO BENE2 FIT OTHER DISABLED CHILDREN.—For the costs

3 of special education and related services and

4 supplementary aids and services provided to a

5 child with a disability in accordance with the

6 individualized education program of the child,

7 even if one or more children with disabilities

8 who are protected by section 504 of the Rehabili9 tation Act of 1973 and title II of the Americans

10 with Disabilities Act of 1990 benefit from such

11 services.

12 ‘‘(C) INTEGRATED AND COORDINATED SERV13 ICES SYSTEM.—To develop and implement a

14 fully integrated and coordinated services system

15 in accordance with subsection (f).

16 ‘‘(D) SCHOOL-BASED IMPROVEMENT

17 PLAN.—To design, implement, and evaluate a

18 school-based improvement plan (in accordance

19 with subsection (g)) that is consistent with the

20 purposes described in part C and that is de21 signed to improve educational and transitional

22 results for all children with disabilities and, as

23 appropriate, other children consistent with sub24 paragraphs (A) and (B).
338

•S 1578 RS

1 ‘‘(b) SUBMISSION OF INFORMATION; PRIOR LOCAL

2 EDUCATIONAL AGENCY APPLICATIONS.—

3 ‘‘(1) SUBMISSION OF INFORMATION.—Except as

4 provided in paragraph (2), a local educational agency

5 that desires to establish its eligibility under this sec6 tion shall submit to the State educational agency in7 formation demonstrating that the local educational

8 agency meets the requirements of subsection (a).

9 ‘‘(2) EXISTING INFORMATION ON POLICIES AND

10 PROCEDURES.—If a local educational agency has on

11 file with the State educational agency policies and

12 procedures that meet any requirement of this section,

13 including any policies, procedures, or applications

14 filed under this part as in effect before the date of en15 actment of the Individuals with Disabilities Edu16 cation Act Amendments of 1996, the State edu17 cational agency may consider the local educational

18 agency as meeting such requirement.

19 ‘‘(3) MODIFICATIONS OF POLICIES AND PROCE20 DURES.—The State educational agency may require a

21 local educational agency to submit additional eligi22 bility information if the local educational agency

23 modifies the policies and procedures that the local

24 educational agency has filed with the State edu-
339

•S 1578 RS

1 cational agency consistent with paragraphs (1) and

2 (2).

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

4 ‘‘(1) DETERMINATION.—

5 ‘‘(A) IN GENERAL.—If the State educational

6 agency determines that a local educational agen7 cy or State agency under subsection (i) is eligible

8 under this section, the State educational agency

9 shall notify the agency of the determination.

10 ‘‘(B) LIMITATION ON STATE NOTIFICA11 TION.—A State educational agency may not give

12 the notice to an agency described under subpara13 graph (A) until the Secretary has notified the

14 State educational agency that the State is eligi15 ble under section 612.

16 ‘‘(2) LIMITATION ON FINAL DETERMINATION.—

17 The State educational agency may not make a final

18 determination that a local educational agency or

19 State agency under subsection (i) is not eligible under

20 this section until after providing the local educational

21 or State agency—

22 ‘‘(A) reasonable notice; and

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

24 ‘‘(d) LOCAL EDUCATIONAL AGENCY AND STATE AGEN25 CY COMPLIANCE.—
340

•S 1578 RS

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

2 agency, after reasonable notice and an opportunity

3 for a hearing, finds that a local educational agency

4 or State agency described in subsection (i) that has

5 been found eligible under this section is not in com6 pliance with any of the eligibility requirements de7 scribed in subsection (a), the State educational agency

8 shall make no further payments to the local edu9 cational agency or State agency under section 620

10 until the State educational agency has determined

11 that the agency is complying with the eligibility re12 quirements described in subsection (a).

13 ‘‘(2) NOTIFICATION OF PENDENCY OF ACTION.—

14 Section 616(a) with respect to notification of a pend15 ing action shall apply to any agency that receives a

16 notice from the State educational agency under this

17 subsection.

18 ‘‘(3) ADVERSE DECISIONS.—In carrying out its

19 responsibilities under paragraph (1), the State edu20 cational agency shall consider any decision made in

21 a hearing held under section 615 that is adverse to

22 the local educational agency or State agency involved

23 in that decision.

24 ‘‘(e) JOINT ESTABLISHMENT OF ELIGIBILITY.—
341

•S 1578 RS

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

2 may join with another local educational agency to

3 meet the eligibility requirements of this section if the

4 State educational agency determines that the local

5 educational agency would be ineligible under this sec6 tion because the local educational agency—

7 ‘‘(A) would not be able to establish and

8 maintain programs of sufficient size and scope

9 to effectively meet the needs of children with dis10 abilities; or

11 ‘‘(B) does not qualify for the minimum

12 grant under section 611(d)(3)(A), if the State

13 elects to use its authority under such section.

14 ‘‘(2) REQUIREMENTS.—

15 ‘‘(A) FUNDING.—If a local educational

16 agency joins with another local educational

17 agency to meet the eligibility requirements under

18 paragraph (1), the total amount of funds made

19 available to the affected local educational agen20 cies shall equal the sum of the payments that

21 each such local educational agency would have

22 received under section 611(c) if such local agen23 cies were eligible for such payments.

24 ‘‘(B) POLICIES AND PROCEDURES AND AD25 MINISTRATION OF PROGRAMS.—Local edu-
342

•S 1578 RS

1 cational agencies that establish joint eligibility

2 under this subsection shall—

3 ‘‘(i) adopt policies and procedures that

4 are consistent with the State’s policies and

5 procedures under section 612(a); and

6 ‘‘(ii) be jointly responsible for imple7 menting programs receiving assistance

8 under this part.

9 ‘‘(C) EDUCATIONAL SERVICE AGENCY.—

10 ‘‘(i) IN GENERAL.—If an educational

11 service agency is required by State law to

12 carry out this part, the joint responsibilities

13 given to local educational agencies under

14 subparagraph (B)(ii) shall—

15 ‘‘(I) not apply to the administra16 tion and disbursement of any pay17 ments received by that service agency;

18 and

19 ‘‘(II) be carried out only by that

20 service agency.

21 ‘‘(ii) SPECIAL RULE.—Nothing in this

22 subsection relieves an educational service

23 agency of its responsibility to provide for

24 the education of children with disabilities

25 in the least restrictive environment, as re-
343

•S 1578 RS

1 quired by section 612(a)(5) and subsection

2 (a)(1)(E).

3 ‘‘(f) COORDINATED SERVICES SYSTEM.—

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

5 may use not more than 5 percent of the amount the

6 agency receives under this part for any fiscal year, in

7 combination with other funds (which shall include

8 funds other than education funds), to develop and im9 plement a fully integrated and coordinated service

10 system that links education, health, social welfare

11 services, support systems, private entities, and other

12 community entities in a manner designed to improve

13 educational and transitional results for all children

14 and their families, including all children with dis15 abilities and their families.

16 ‘‘(2) PERMISSIBLE ACTIVITIES.—Activities that

17 a local educational agency may carry out under this

18 subsection include—

19 ‘‘(A) improving the effectiveness and effi20 ciency of service delivery, including developing

21 strategies that promote accountability for the

22 educational and transitional results;

23 ‘‘(B) service coordination and case manage24 ment that facilitate the linkage of individualized

25 education programs under this part and individ-
344

•S 1578 RS

1 ualized family service plans under part H with

2 individualized service plans under other Federal

3 and State programs, such as title I of the Reha4 bilitation Act of 1973 (vocational rehabilitation),

5 title XIX of the Social Security Act (Medicaid),

6 and title XVI of the Social Security Act (Supple7 mental Security Income);

8 ‘‘(C) developing and implementing inter9 agency financing strategies for the provision of

10 education, health, mental health, and social serv11 ices, including transition services and related

12 services under this Act; and

13 ‘‘(D) interagency personnel development for

14 the persons involved in the delivery of coordi15 nated services.

16 ‘‘(3) LIMITATION ON USE OF FUNDS.—If a local

17 educational agency is carrying out a coordinated

18 services project under title XI of the Elementary and

19 Secondary Education Act of 1965 and a coordinated

20 services project under this part in the same schools,

21 the local educational agency shall use funds under

22 this subsection in accordance with that title.

23 ‘‘(g) SCHOOL-BASED IMPROVEMENT PLAN.—

24 ‘‘(1) IN GENERAL.—Each local educational agen25 cy may, in accordance with paragraph (2), use funds
345

•S 1578 RS

1 made available under this part to permit a public

2 school within the jurisdiction of the local educational

3 agency to design, implement, and evaluate a school4 based improvement plan that is consistent with the

5 purposes described in part C and that is designed to

6 improve educational and transitional results for all

7 children with disabilities and, as appropriate, for

8 other children consistent with subsection (a)(4) (A)

9 and (B) in such public school.

10 ‘‘(2) AUTHORITY.—

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

12 agency may grant authority to a local edu13 cational agency to permit a public school de14 scribed in paragraph (1) (through a school-based

15 standing panel established under paragraph

16 (4)(B)) to design, implement, and evaluate a

17 school-based improvement plan described in

18 paragraph (1) for a period not to exceed 3 years.

19 ‘‘(B) RESPONSIBILITY OF LOCAL EDU20 CATIONAL AGENCY.—If a State educational agen21 cy grants the authority described in subpara22 graph (A), a local educational agency that is

23 granted such authority shall have the sole re24 sponsibility of oversight of all activities relating

25 to the design, implementation, and evaluation of
346

•S 1578 RS

1 any school-based improvement plan that a public

2 school is permitted to design under this sub3 section.

4 ‘‘(3) PLAN REQUIREMENTS.—A school-based im5 provement plan described in paragraph (1) shall—

6 ‘‘(A) be designed to be consistent with the

7 purposes described in part C and to improve

8 educational and transitional results for all chil9 dren with disabilities and, as appropriate, for

10 other children consistent with subsection (a)(4)

11 (A) and (B), who attend the school for which the

12 plan is designed and implemented;

13 ‘‘(B) be designed, evaluated, and, as appro14 priate, implemented by a school-based standing

15 panel established in accordance with paragraph

16 (4)(B);

17 ‘‘(C) include goals and measurable indica18 tors to assess the progress of the public school in

19 meeting such goals; and

20 ‘‘(D) ensure that all children with disabil21 ities receive the same level of services described

22 in the individualized education programs of such

23 children.

24 ‘‘(4) RESPONSIBILITIES OF THE LOCAL EDU25 CATIONAL AGENCY.—A local educational agency that
347

•S 1578 RS

1 is granted authority under paragraph (2) to permit

2 a public school to design, implement, and evaluate a

3 school-based improvement plan shall—

4 ‘‘(A) select each school under the jurisdic5 tion of such agency that is eligible to design, im6 plement, and evaluate such a plan;

7 ‘‘(B) require each school selected under sub8 paragraph (A), in accordance with criteria es9 tablished by such local educational agency under

10 subparagraph (C), to establish a school-based

11 standing panel to carry out the duties described

12 in paragraph (3)(B);

13 ‘‘(C) establish—

14 ‘‘(i) criteria that shall be used by such

15 local educational agency in the selection of

16 an eligible school under subparagraph (A);

17 ‘‘(ii) criteria that shall be used by a

18 public school selected under subparagraph

19 (A) in the establishment of a school-based

20 standing panel to carry out the duties de21 scribed in paragraph (3)(B) and that shall

22 ensure that the membership of such panel

23 reflects the diversity of the community in

24 which the public school is located and in25 cludes, at a minimum—
348

•S 1578 RS

1 ‘‘(I) parents of children with dis2 abilities who attend such public school,

3 including parents of children with dis4 abilities from unserved and under5 served populations, as appropriate;

6 ‘‘(II) special education and gen7 eral education teachers of such public

8 school;

9 ‘‘(III) special education and gen10 eral education administrators, or the

11 designee of such administrators, of

12 such public school; and

13 ‘‘(IV) related services providers

14 who are responsible for providing serv15 ices to the children with disabilities

16 who attend such public school; and

17 ‘‘(iii) criteria that shall be used by

18 such local educational agency with respect

19 to the distribution of funds under this part

20 to carry out this subsection;

21 ‘‘(D) disseminate the criteria established

22 under subparagraph (C) to local school district

23 personnel and local parent organizations within

24 the jurisdiction of such local educational agency;
349

•S 1578 RS

1 ‘‘(E) require a public school that desires to

2 design, implement, and evaluate a school-based

3 improvement plan to submit an application at

4 such time, in such manner, and accompanied by

5 such information as such local educational agen6 cy shall reasonably require; and

7 ‘‘(F) establish procedures for approval by

8 such local educational agency of a school-based

9 improvement plan designed under this sub10 section.

11 ‘‘(5) LIMITATION.—A school-based improvement

12 plan described in paragraph (1) may be submitted to

13 a local educational agency for approval only if a con14 sensus with respect to any matter relating to the de15 sign, implementation, or evaluation of the goals of

16 such plan is reached by the school-based standing

17 panel that designed such plan.

18 ‘‘(6) ADDITIONAL REQUIREMENTS.—

19 ‘‘(A) PARENTAL INVOLVEMENT.—In carry20 ing out the requirements of this subsection, a

21 local educational agency shall ensure that the

22 parents of children with disabilities are involved

23 in the design, evaluation, and, where appro24 priate, implementation of school-based improve25 ment plans in accordance with this subsection.
350

•S 1578 RS

1 ‘‘(B) PLAN APPROVAL.—A local educational

2 agency may approve a school-based improvement

3 plan of a public school within the jurisdiction of

4 such agency for a period of 3 years, if—

5 ‘‘(i) the approval is consistent with the

6 policies, procedures, and practices estab7 lished by such local educational agency and

8 in accordance with this subsection; and

9 ‘‘(ii) a majority of parents of children

10 who are members of the school-based stand11 ing panel, and a majority of other members

12 of the school-based standing panel, that de13 signed such plan agree in writing to such

14 plan.

15 ‘‘(7) EXTENSION OF PLAN.—If a public school

16 within the jurisdiction of a local educational agency

17 meets the applicable requirements and criteria de18 scribed in paragraphs (3) and (4) at the expiration

19 of the 3-year approval period described in paragraph

20 (6)(B), such agency may approve a school-based im21 provement plan of such school for an additional 3-

22 year period.

23 ‘‘(h) DIRECT SERVICES BY THE STATE EDUCATIONAL

24 AGENCY.—
351

•S 1578 RS

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

2 shall use the payments that would otherwise have been

3 available to a local educational agency or to a State

4 agency described in subsection (i) to provide special

5 education and related services directly to children

6 with disabilities residing in the area served by that

7 local agency, or for whom that State agency is re8 sponsible, if the State educational agency determines

9 that—

10 ‘‘(A) the local educational agency or the

11 State agency—

12 ‘‘(i) has not provided the information

13 needed to establish the eligibility of the local

14 educational agency or the State agency

15 under this section; or

16 ‘‘(ii) is unable or unwilling to establish

17 and maintain programs of free appropriate

18 public education that meet the requirements

19 of subsection (a); or

20 ‘‘(B) the local educational agency—

21 ‘‘(i) is unable or unwilling to be con22 solidated with other local educational agen23 cies in order to establish and maintain such

24 programs; or
352

•S 1578 RS

1 ‘‘(ii) has one or more children with

2 disabilities who can best be served by a re3 gional or State program or service delivery

4 system designed to meet the needs of such

5 children.

6 ‘‘(2) METHOD OF PROVISION OF SERVICES.—The

7 State educational agency may provide special edu8 cation and related services under paragraph (1) in

9 such manner and at such locations (including re10 gional or State centers) as the State educational agen11 cy considers appropriate, so long as the education

12 and services are provided in accordance with this

13 part.

14 ‘‘(i) STATE AGENCY ELIGIBILITY.—Any State agency

15 that received funds for fiscal year 1994 under subpart 2

16 of part D of chapter 1 of title I of the Elementary and

17 Secondary Education Act of 1965 (as such subpart was in

18 effect on the day preceding the date of enactment of the Im19 proving America’s Schools Act of 1994) and desires to re20 ceive a subgrant for any fiscal year under section 611(c)

21 or 619(g) shall demonstrate to the satisfaction of the State

22 educational agency that—

23 ‘‘(1) all children with disabilities who are par24 ticipating in programs and projects funded under this

25 part receive a free appropriate public education, and
353

•S 1578 RS

1 that the children and their parents are provided all

2 the rights and procedural safeguards described in this

3 part; and

4 ‘‘(2) the State agency meets such other conditions

5 of this section as the Secretary finds appropriate.’’.

6 SEC. 204. EVALUATIONS, INDIVIDUALIZED EDUCATION PRO7 GRAMS, AND EDUCATIONAL PLACEMENTS.

8 Section 614 (20 U.S.C. 1414) is amended to read as

9 follows:

10 ‘‘SEC. 614. EVALUATIONS, INDIVIDUALIZED EDUCATION

11 PROGRAMS, AND EDUCATIONAL PLACE12 MENTS.

13 ‘‘(a) IN GENERAL.—

14 ‘‘(1) INITIAL EVALUATIONS.—

15 ‘‘(A) IN GENERAL.—A local educational

16 agency shall conduct a comprehensive initial

17 evaluation, in accordance with this paragraph

18 and subsections (b) and (c), before the initial

19 provision of special education and related serv20 ices to a child with a disability.

21 ‘‘(B) PROCEDURES.—An initial evaluation

22 shall include procedures to—

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

24 child with a disability as defined in section

25 602(a)(4); and
354

•S 1578 RS

1 ‘‘(ii) determine the educational needs

2 of the child.

3 ‘‘(C) PARENTAL CONSENT.—

4 ‘‘(i) IN GENERAL.—A local educational

5 agency proposing to conduct an initial eval6 uation to determine if a child qualifies as

7 a child with a disability as defined in sec8 tion 602(a)(4) shall, prior to such evalua9 tion, obtain informed consent from the par10 ents of the child.

11 ‘‘(ii) REFUSAL.—If the parents of such

12 child refuse to consent to an evaluation de13 scribed in clause (i), a local educational

14 agency may, but shall not be required to,

15 continue to pursue the evaluation through

16 the mediation procedures under section

17 615(e) and due process procedures under

18 section 615(f).

19 ‘‘(2) REEVALUATIONS.—

20 ‘‘(A) IN GENERAL.—A local educational

21 agency shall ensure that a reevaluation of each

22 child with a disability is conducted—

23 ‘‘(i) whenever the child’s parents or

24 teacher, other school personnel, or other ap-
355

•S 1578 RS

1 propriate individuals, request the reevalua2 tion; or

3 ‘‘(ii) at a natural transition point for

4 the child.

5 ‘‘(B) DEFINITION.—For the purpose of sub6 paragraph (A), the term ‘natural transition

7 point’ means the period that is close in time to

8 the transition of a child with a disability—

9 ‘‘(i) from preschool to elementary

10 grades;

11 ‘‘(ii) from elementary grades to middle

12 or junior high school grades (except that for

13 a transition that will not occur for a period

14 of 5 years or more, the natural transition

15 point shall be at least every 3 years);

16 ‘‘(iii) from middle or junior high

17 school grades to high school grades; and

18 ‘‘(iv) from high school grades to

19 postschool activities.

20 ‘‘(C) CONDUCT OF REEVALUATION.—Each

21 reevaluation shall be conducted in accordance

22 with subsections (b) and (c).

23 ‘‘(b) EVALUATION PROCEDURES.—

24 ‘‘(1) IN GENERAL.—The local educational agency

25 shall provide notice to the parents of a child with a
356

•S 1578 RS

1 disability, in accordance with subsections (b)(3),

2 (b)(4), and (c) of section 615, that describes any eval3 uation procedures the local educational agency pro4 poses to conduct.

5 ‘‘(2) METHOD OF EVALUATION.—In conducting

6 the evaluation, the local educational agency shall—

7 ‘‘(A) use—

8 ‘‘(i) a variety of assessment tools and

9 strategies to gather relevant functional and

10 developmental information (including eval11 uations and information provided by the

12 child’s parents) that may assist in deter13 mining whether the child is a child with a

14 disability; and

15 ‘‘(ii) the content of the individualized

16 education program of the child, including

17 information related to enabling the child to

18 participate and achieve in the general edu19 cation curriculum or, for a child who is in

20 preschool, in developmentally appropriate

21 activities; and

22 ‘‘(B) not use any single procedure as the

23 sole criterion for determining—

24 ‘‘(i) whether a child is a child with a

25 disability; or
357

•S 1578 RS

1 ‘‘(ii) an appropriate educational pro2 gram for the child.

3 ‘‘(3) EVALUATION TESTS AND MATERIALS.—Each

4 local educational agency shall ensure that—

5 ‘‘(A) tests and other evaluation materials

6 used to assess a child under this section are—

7 ‘‘(i) selected and administered so as

8 not to be racially or culturally discrimina9 tory;

10 ‘‘(ii) provided and administered in the

11 native language of the child or other mode

12 of communication unless it is clearly not

13 feasible to do so; and

14 ‘‘(iii) consistent with generally accept15 ed professional standards for assessments;

16 and

17 ‘‘(B) any standardized tests that are given

18 to the child—

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

20 purpose for which the tests are used;

21 ‘‘(ii) are administered by trained per22 sonnel; and

23 ‘‘(iii) are administered in accordance

24 with any instructions provided by the pro25 ducer of the tests.
358

•S 1578 RS

1 ‘‘(4) SPECIAL RULE ON TESTS.—Tests shall pro2 vide relevant information that directly assists persons

3 involved in providing services to a child with a dis4 ability in determining the educational needs of the

5 child, including information with respect to instruc6 tional strategies and content that should be reflected

7 in the individualized education program of such

8 child.

9 ‘‘(c) ADDITIONAL REQUIREMENTS FOR EVALUATIONS

10 AND REEVALUATIONS.—

11 ‘‘(1) REVIEW OF EXISTING EVALUATION DATA.—

12 As part of an initial evaluation (if appropriate) and

13 as part of any reevaluation under this section, the fol14 lowing tasks shall be carried out:

15 ‘‘(A) A review of existing evaluation data

16 on the child, including evaluations and informa17 tion provided by the parents of the child, and

18 current classroom-based assessments and

19 observation.

20 ‘‘(B) On the basis of the review, the profes21 sional judgment of appropriate individuals, and

22 the input from the parents of the child, an iden23 tification of what additional data, if any, are

24 needed to determine—
359

•S 1578 RS

1 ‘‘(i) whether the child has a particular

2 category of disability, as described in sec3 tion 602(a)(4)(A)(i), or, in the case of a re4 evaluation of a child, whether the child con5 tinues to have such a disability;

6 ‘‘(ii) the present levels of performance

7 and educational needs of the child;

8 ‘‘(iii) whether the child needs special

9 education and related services, or in the

10 case of a reevaluation of a child, whether

11 the child continues to need special education

12 and related services; and

13 ‘‘(iv) whether any additions or modi14 fications to the special education and relat15 ed services are needed to enable the child to

16 meet the measurable annual objectives set

17 out in the individualized education pro18 gram of the child and to participate, as ap19 propriate, in the general education

20 curriculum.

21 ‘‘(2) SOURCE OF DATA.—The local educational

22 agency shall administer such tests and other evalua23 tion materials as may be needed to produce the data

24 identified under paragraph (1)(B).
360

•S 1578 RS

1 ‘‘(3) ADDITIONAL DATA.—If it is determined by

2 appropriate individuals based on their professional

3 judgment that no additional data are needed to deter4 mine a factor described in clause (i), (ii), (iii), or (iv)

5 of paragraph (1)(B), the local educational agency—

6 ‘‘(A) shall notify the parents of the child

7 of—

8 ‘‘(i) the results of the determination of

9 the individuals and the reasons for the de10 termination; and

11 ‘‘(ii) the right of the parents to request

12 that additional data be obtained for use in

13 making a determination with respect to a

14 factor; and

15 ‘‘(B) is not required to obtain the addi16 tional data described in clause (ii) of subpara17 graph (A) unless requested by the parents.

18 ‘‘(d) INDIVIDUALIZED EDUCATION PROGRAMS.—

19 ‘‘(1) IEP TO BE IN EFFECT AT THE BEGINNING

20 OF EACH SCHOOL YEAR.—

21 ‘‘(A) IN GENERAL.—At the beginning of

22 each school year, each local educational agency

23 shall have in effect an individualized education

24 program for each child with a disability.
361

•S 1578 RS

1 ‘‘(B) IEP FOR A CHILD AGED 3 THROUGH

2 5.—In the case of a child with a disability aged

3 3 through 5 (or, at the discretion of the State

4 educational agency, a 2-year-old child with dis5 abilities who will turn age 3 during the school

6 year), an IFSP that contains the material de7 scribed in section 677(d) and that is developed

8 in accordance with this section may serve as the

9 IEP of the child if using the plan as the IEP

10 is—

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

12 ‘‘(ii) agreed to by the agency and the

13 parents of the child.

14 ‘‘(2) IEP TEAM.—The IEP of each child shall be

15 developed in a meeting by a team (hereafter in this

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

17 ‘‘(A) a representative of the local edu18 cational agency who is qualified to provide, or

19 supervise the provision of, specially designed in20 struction to meet the unique needs of children

21 with disabilities, and who is knowledgeable about

22 the general education curriculum;

23 ‘‘(B) at least one special education provider

24 who is knowledgeable about the disability of the
362

•S 1578 RS

1 child, such as, if appropriate, the special edu2 cation teacher of the child;

3 ‘‘(C) to the extent appropriate, at least one

4 regular education teacher who knows the child or

5 is familiar with the curriculum of the child, if

6 the child is, or may be, participating in the reg7 ular education environment;

8 ‘‘(D) the parents of the child;

9 ‘‘(E) when appropriate, the child;

10 ‘‘(F) an individual who is capable of inter11 preting the instructional implications of evalua12 tion results; and

13 ‘‘(G) at the discretion of the parents or the

14 agency, other individuals, such as related serv15 ices personnel, who have special expertise or spe16 cial knowledge regarding the child’s abilities and

17 disability.

18 The team member described in subparagraph (F) may

19 be an existing team member described in subpara20 graphs (A) through (C), if the existing team member

21 is qualified to interpret the results described in sub22 paragraph (F).

23 ‘‘(3) DEVELOPMENT OF THE IEP.—

24 ‘‘(A) IN GENERAL.—In developing each

25 child’s IEP, the IEP team shall consider—
363

•S 1578 RS

1 ‘‘(i) the strengths of the child and the

2 concerns of the parents for enhancing the

3 education of their child; and

4 ‘‘(ii) the results of the initial evalua5 tion or most recent reevaluation of the child.

6 ‘‘(B) CONSIDERATION OF SPECIAL FAC7 TORS.—In the case of a child whose behavior im8 pedes the learning of the child or that of others,

9 the IEP team, as appropriate, shall consider

10 strategies, including behavior management

11 plans, to address that behavior.

12 ‘‘(e) CONTENT OF IEP.—

13 ‘‘(1) IN GENERAL.—The IEP of each child with

14 a disability shall include the following:

15 ‘‘(A) PRESENT LEVELS OF EDUCATIONAL

16 PERFORMANCE.—A statement of the present lev17 els of educational performance of the child, in18 cluding how the disability of the child affects the

19 progress of the child in the general education

20 curriculum (or, for a preschool child, as appro21 priate, how the disability of the child affects the

22 progress of the child in developmentally appro23 priate activities related to transition to kinder24 garten and elementary school).
364

•S 1578 RS

1 ‘‘(B) MEASURABLE ANNUAL OBJECTIVES.—

2 A statement of measurable annual objectives re3 lated to meeting each of the educational needs of

4 the child that result from the disability of the

5 child, including objectives related to enabling the

6 child to progress in the general education cur7 riculum at the educationally appropriate level

8 for the child.

9 ‘‘(C) SPECIAL EDUCATION AND RELATED

10 SERVICES.—A statement of the special education

11 and related services and supplementary aids and

12 services to be provided to the child and any pro13 gram modifications necessary for the child to at14 tain the annual objectives, to progress in the gen15 eral education curriculum, to participate in ex16 tracurricular and nonacademic activities and

17 other educational activities, and to be educated

18 and participate with other children with disabil19 ities and nondisabled children in the activities

20 described in this subparagraph.

21 ‘‘(D) EXTENT OF PARTICIPATION WITH NON22 DISABLED CHILDREN.—A statement of the extent

23 to which the child will participate with non24 disabled children in the regular class and in the

25 activities described in subparagraph (C).
365

•S 1578 RS

1 ‘‘(E) PARTICIPATION IN GENERAL ASSESS2 MENTS.—

3 ‘‘(i) MODIFICATIONS.—A statement of

4 any modifications in the administration of

5 State or districtwide assessments that are

6 needed in order for the child to participate

7 in the assessments.

8 ‘‘(ii) NONPARTICIPATION.—If a child

9 will not participate in a particular State or

10 districtwide assessment (or part of such as11 sessment), a statement of why the assess12 ment is not appropriate for the child and

13 how the child will be assessed.

14 ‘‘(F) PROJECTED DATES, FREQUENCY, AND

15 DURATION OF SERVICES.—The projected date for

16 the beginning of the services and program modi17 fications described in subparagraph (C), and the

18 anticipated frequency and duration of such serv19 ices and modifications.

20 ‘‘(G) INFORMATION ABOUT THE CHILD’S

21 PROGRESS.—A statement of how the progress of

22 the child toward the measurable annual objec23 tives will be measured through benchmarks or

24 other measurable indicators of progress, and how

25 the parents of the child will be regularly in-
366

•S 1578 RS

1 formed of the child’s progress, in accordance with

2 subsection (f).

3 ‘‘(2) ADDITIONAL IEP REQUIREMENTS FOR A

4 CHILD WITH A DISABILITY WHO IS OF SECONDARY

5 SCHOOL AGE.—

6 ‘‘(A) IN GENERAL.—The IEP for each stu7 dent who is a child with a disability and who

8 is of secondary school age (hereafter in this sec9 tion referred to as the ‘student’) shall include ad10 ditional information related to transition serv11 ices and the transfer of rights at the age of ma12 jority, as described in subparagraphs (B)

13 through (D).

14 ‘‘(B) ADDRESSING THE STUDENT’S TRANSI15 TION NEEDS.—For a student aged 14 through 21

16 (or younger than age 14 if determined appro17 priate by the IEP team), the transition services

18 needs of the student shall be considered and, as

19 appropriate, addressed under the applicable com20 ponents of the student’s IEP described in para21 graph (1) relating to present levels of educational

22 performance, measurable annual objectives, spe23 cial education and related services, and other ap24 plicable components.
367

•S 1578 RS

1 ‘‘(C) STATEMENT OF TRANSITION SERVICES

2 AND SUPPORTS.—

3 ‘‘(i) IN GENERAL.—In meeting the re4 quirements of subparagraph (B), the IEP

5 team shall give consideration to the stu6 dent’s participation in the general edu7 cation curriculum (such as participation in

8 advanced-placement courses or a vocational

9 education or school-to-work program, or

10 independent living skills training, which

11 lead to successful transition from secondary

12 school to postschool adult environments).

13 ‘‘(ii) TRANSITION SERVICES STATE14 MENT.—Beginning no later than age 16, the

15 student’s IEP shall include a statement of

16 needed transition services as defined in sec17 tion 602(33) including, where appropriate,

18 a statement of the interagency responsibil19 ities and needed linkages among agencies to

20 ensure delivery of services before the student

21 leaves the school setting.

22 ‘‘(D) TRANSFER OF RIGHTS AT THE AGE OF

23 MAJORITY.—Beginning at least 1 year before the

24 student reaches the age of majority under State

25 law, the IEP shall include a statement about the
368

•S 1578 RS

1 rights under this Act, if any, that will transfer

2 to the student on reaching the age of majority

3 under section 615(j).

4 ‘‘(f) REPORTING EACH CHILD’S PROGRESS TOWARD

5 OBJECTIVES.—The local educational agency shall ensure

6 that—

7 ‘‘(1) the parents of each child with a disability

8 are informed of the progress of the child, toward the

9 measurable annual objectives, and the extent to which

10 such progress is sufficient to enable the child to

11 achieve the objectives by the end of the school year;

12 and

13 ‘‘(2) in implementing the requirement in para14 graph (1), the parents are informed (by periodic re15 port cards or other appropriate means) at least as

16 often as parents of nondisabled children are informed

17 of the progress of their nondisabled children.

18 ‘‘(g) REVIEW AND REVISION OF IEP.—The local edu19 cational agency shall ensure that the IEP team for each

20 child—

21 ‘‘(1) reviews the child’s IEP periodically, but not

22 less than annually, to determine whether the annual

23 objectives for the child are being achieved; and

24 ‘‘(2) revises the IEP, as appropriate.
369

•S 1578 RS

1 ‘‘(h) FAILURE TO MEET TRANSITION OBJECTIVES.—

2 If an entity (other than the local educational agency) in3 volved in planning or providing transition services to a

4 child with a disability fails to provide the transition serv5 ices described in the IEP in accordance with subsection

6 (e)(2)(A), the local educational agency shall reconvene the

7 IEP team to identify alternative strategies to meet the tran8 sition objectives for the student set forth in the IEP.

9 ‘‘(i) CONSTRUCTION CLAUSE.—Nothing in this section

10 shall be construed to require the IEP team to include infor11 mation under one component of a child’s IEP that is al12 ready contained under another component of such IEP.

13 ‘‘(j) PLACEMENTS.—Each local educational agency

14 shall ensure that the parents of each child with a disability

15 are members of any group that makes decisions on the edu16 cational placement of their child.’’.

17 SEC. 205. CHAPTER 1 STATE AGENCIES.

18 Section 614A (20 U.S.C. 1414a) is repealed.

19 SEC. 206. PROCEDURAL SAFEGUARDS.

20 (a) PROCEDURES.—Section 615(a) (20 U.S.C.

21 1415(a)) is amended—

22 (1) by striking ‘‘Any State educational agency,

23 any local educational agency, and any intermediate

24 educational unit which’’ and inserting ‘‘Any State

25 educational agency or local educational agency that’’;
370

•S 1578 RS

1 (2) by striking ‘‘subsection (b) through subsection

2 (e) of’’;

3 (3) by striking ‘‘or guardians’’; and

4 (4) by striking ‘‘and units’’.

5 (b) TYPES OF PROCEDURES.—Section 615(b) (20

6 U.S.C. 1415(b)) is amended—

7 (1) by striking paragraph (2);

8 (2) in paragraph (1)—

9 (A) in subparagraph (A), by striking ‘‘(A)

10 an opportunity for the parents or guardian’’ and

11 inserting ‘‘(1) an opportunity for the parents’’;

12 (B) in subparagraph (B)—

13 (i) by striking ‘‘(B) procedures’’ and

14 inserting ‘‘(2) procedures’’;

15 (ii) by striking ‘‘or guardian’’ each

16 place it appears; and

17 (iii) by striking ‘‘local educational

18 agency, or intermediate educational unit’’

19 and inserting ‘‘the local educational agency,

20 or any other agency that is’’;

21 (C) in subparagraph (C)—

22 (i) by striking ‘‘(C) written prior no23 tice to the parents or guardian of the child

24 whenever such agency or unit’’ and insert25 ing ‘‘(3) written prior notice in accordance
371

•S 1578 RS

1 with subsection (c) to the parents of the

2 child whenever such agency’’;

3 (ii) in clause (i), by striking ‘‘(i) pro4 poses’’ and inserting ‘‘(A) proposes’’; and

5 (iii) in clause (ii), by striking ‘‘(ii) re6 fuses’’ and inserting ‘‘(B) refuses’’;

7 (D) in subparagraph (D), to read as

8 follows:

9 ‘‘(4) procedures designed to ensure that the notice

10 required by paragraph (3) is provided in the native

11 language of the parents or other mode of communica12 tion used by the parents, unless it clearly is not fea13 sible to do so;’’;

14 (E) in subparagraph (E), by striking ‘‘(E)

15 an opportunity’’ and inserting ‘‘(6) an oppor16 tunity’’; and

17 (F) by inserting after paragraph (4) (as so

18 redesignated by subparagraph (D)) the following

19 new paragraph:

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

21 with subsection (e); and’’; and

22 (3) by striking ‘‘(b)(1) The’’ and inserting ‘‘(b)

23 The’’.

24 (c) OTHER PROVISIONS OF SECTION 615.—Section

25 615 (20 U.S.C. 1415) is amended—
372

•S 1578 RS

1 (1) in subsection (c)—

2 (A) by striking ‘‘paragraph (2) of subsection

3 (b)’’ and inserting ‘‘subsection (f)’’; and

4 (B) by striking ‘‘or an intermediate edu5 cational unit’’;

6 (2) in subsection (d), by striking ‘‘subsections (b)

7 and (c)’’ and inserting ‘‘subsections (f) and (g)’’;

8 (3) in subsection (e)—

9 (A) in paragraph (1), by striking ‘‘para10 graph (2) of subsection (b)’’ and inserting ‘‘sub11 section (f)’’;

12 (B) in paragraph (2), by striking ‘‘decision

13 made under subsection (b)’’ and inserting ‘‘deci14 sion made under subsection (f)’’;

15 (C) by striking ‘‘subsection (c)’’ each place

16 it appears and inserting ‘‘subsection (g)’’;

17 (D) in paragraph (3)—

18 (i) by striking ‘‘(3)(A) Except as pro19 vided in subparagraph (B),’’ and inserting

20 ‘‘(3) Except as provided in subsections (c)

21 and (d) of section 615A,’’;

22 (ii) by striking subparagraph (B); and

23 (iii) by striking ‘‘or guardian’’ each

24 place it appears;

25 (E) in paragraph (4)—
373

•S 1578 RS

1 (i) in subparagraph (A), by striking

2 ‘‘this subsection’’ and inserting ‘‘this sub3 section and section 615A’’;

4 (ii) in subparagraph (B)—

5 (I) by striking ‘‘this subsection’’

6 and inserting ‘‘this subsection and sec7 tion 615A’’; and

8 (II) by striking ‘‘or guardian’’;

9 (iii) in subparagraph (C)—

10 (I) by striking ‘‘For the purpose

11 of this subsection, fees’’ and inserting

12 ‘‘Fees’’; and

13 (II) by striking ‘‘under this sub14 section’’ each place it appears and in15 serting ‘‘under this subsection and sec16 tion 615A’’;

17 (iv) in subparagraph (D)—

18 (I) by striking ‘‘No award of at19 torneys’ fees and related costs may be

20 made’’ and inserting ‘‘Except as pro21 vided in subparagraph (E), attorneys’

22 fees may not be awarded and related

23 costs may not be reimbursed’’;
374

•S 1578 RS

1 (II) by striking ‘‘under this sub2 section’’ and inserting ‘‘under this sub3 section and section 615A’’; and

4 (III) by striking ‘‘or guardian’’

5 each place it appears;

6 (v) in subparagraph (E)—

7 (I) by striking ‘‘Notwithstanding

8 the provisions of subparagraph (D)’’

9 and inserting ‘‘Notwithstanding sub10 paragraph (D)’’; and

11 (II) by striking ‘‘or guardian’’;

12 (vi) in subparagraph (F)—

13 (I) by striking ‘‘(F) Whenever’’

14 and inserting ‘‘(F) Except as provided

15 in subparagraph (G), whenever’’; and

16 (II) by striking ‘‘or guardian’’;

17 and

18 (vii) by adding at the end thereof the

19 following new subparagraphs:

20 ‘‘(H) For the purpose of this section, the amount of

21 any award of attorneys’ fees to a prevailing party under

22 this section shall be determined in accordance with the law

23 established by the Supreme Court in Hensley v. Eckerhart,

24 461 U.S. 424 (1983).
375

•S 1578 RS

1 ‘‘(I) For the purpose of this section, an IEP meeting

2 shall not, in and of itself, be deemed to be a proceeding

3 triggering the awarding of attorneys’ fees.’’;

4 (4) in subsection (f), by striking ‘‘subsections

5 (b)(2) and (c)’’ and inserting ‘‘subsections (f) and

6 (g)’’;

7 (5) by redesignating subsections (c) through (e)

8 as subsections (g) through (i), respectively;

9 (6) by redesignating subsection (f) as subsection

10 (k);

11 (7) by inserting after subsection (b) the following

12 new subsections:

13 ‘‘(c)(1) The notice required by subsection (b)(3) with

14 respect to the proposal or refusal to initiate or change the

15 identification, evaluation, or educational placement of a

16 child described in such subsection or the provision of a free

17 appropriate public education to such child shall—

18 ‘‘(A) include—

19 ‘‘(i) a description of the action proposed or

20 refused by the agency;

21 ‘‘(ii) an explanation of why the agency pro22 poses or refuses to take the action; and

23 ‘‘(iii) a description of any other options

24 that the agency considered and the reasons why

25 the options were not chosen;
376

•S 1578 RS

1 ‘‘(B) describe each evaluation procedure, test,

2 record, or report that the agency used as a basis for

3 the proposed or refused action;

4 ‘‘(C) describe any other factors that are relevant

5 to the proposal or refusal of the agency;

6 ‘‘(D) include a full explanation of the procedural

7 safeguards available under this section and section

8 615A, and under the regulations of the Secretary, re9 lating to independent educational evaluations, notice,

10 parental consent, mediation, and the placement of the

11 child during the pendency of due process proceedings;

12 ‘‘(E) include at least a brief summary of the pro13 cedural safeguards under this section and section

14 615A relating to due process hearings, State-level ap15 peals (if applicable in that State), civil actions, and

16 attorneys’ fees and a brief summary of the provisions

17 of section 612(a)(10)(C) relating to reimbursement of

18 parents for unilateral placement of their children in

19 private schools at public expense;

20 ‘‘(F) include a statement that the agency will

21 provide a full explanation of—

22 ‘‘(i) the procedural safeguards available to

23 parents under this section and section 615A, and

24 under the regulations of the Secretary, relating

25 to—
377

•S 1578 RS

1 ‘‘(I) access to educational records,

2 whenever requested by the parents; and

3 ‘‘(II) the hearings, appeals, actions,

4 and fees described in subparagraph (E),

5 whenever the parents request such expla6 nation or file a complaint under subsection

7 (b)(6); and

8 ‘‘(ii) the provisions of section 612(a)(10)(C)

9 relating to reimbursement of parents for unilat10 eral placement of their children in private

11 schools at public expense, whenever requested by

12 the parents; and

13 ‘‘(G) include the name, address, and telephone

14 number of the Parent Information and Training Cen15 ter in the State and other resources in the State that

16 will assist a parent to understand the protections and

17 opportunities under this part.

18 ‘‘(2) Each State educational agency and each local

19 educational agency that receives assistance under this part

20 shall provide the explanation described in paragraph (1)(F)

21 in the cases described in such paragraph.

22 ‘‘(d)(1) The parents of a child with a disability or a

23 suspected disability shall provide to the local educational

24 agency written notice of their intention to file a complaint

25 (other than a request for an expedited due process hearing
378

•S 1578 RS

1 under section 615A) under subsection (b)(6) regarding the

2 identification, evaluation, or educational placement of the

3 child or the provision of a free appropriate public education

4 to the child, 10 business days (including holidays that occur

5 on a business day) prior to the date of the filing of the

6 complaint if—

7 ‘‘(A) the parents have new information regard8 ing the identification, evaluation, or educational

9 placement of the child or the provision of a free ap10 propriate public education to the child; or

11 ‘‘(B) the parents are initiating a complaint

12 about the identification, evaluation, or educational

13 placement of the child or the provision of a free ap14 propriate public education to the child and the par15 ents have signed the most recent IEP of the child that

16 is currently being implemented.

17 ‘‘(2) Prior to filing a complaint, if the parents have

18 new information regarding the identification, evaluation,

19 or educational placement of the child or the provision of

20 a free appropriate public education to the child, the parents

21 shall provide the information to the local educational agen22 cy along with the notice of their intent to file a complaint.

23 ‘‘(3) If the parents were duly informed by the local

24 educational agency with respect to their obligation to file

25 a notice of intention to file a complaint under this sub-
379

•S 1578 RS

1 section and the parents fail to provide such notice, a court,

2 in its discretion, may reduce an award of attorneys’ fees

3 and reimbursement of related costs if within 10 business

4 days (including holidays that occur on a business day) after

5 filing a request for an administrative due process hearing

6 under section 615(f), the matter relating to the complaint

7 is resolved in a manner that is satisfactory to all parties.

8 ‘‘(e)(1) Each State educational agency shall ensure

9 that procedures are established and implemented to allow

10 parties to disputes involving matters described in subsection

11 (b)(6) to resolve such disputes through mediation.

12 ‘‘(2)(A) The procedures described in paragraph (1)

13 shall ensure—

14 ‘‘(i) that whenever a hearing is requested on any

15 matter in dispute under subsection (b)(6), the parents

16 are offered an opportunity for mediation to resolve

17 the dispute;

18 ‘‘(ii) that mediation—

19 ‘‘(I) is voluntary on the part of the parents

20 and may be waived by the parents at any time

21 during such process;

22 ‘‘(II) is not used to deny a parent the right

23 of a, or delay access by a parent to, due process

24 hearings under subsection (f) or to deny the par-
380

•S 1578 RS

1 ents any other rights afforded under this part;

2 and

3 ‘‘(III) is conducted by a qualified and im4 partial mediator who is not an employee of a

5 local educational agency or State agency de6 scribed in section 613(i) that is involved in the

7 education or care of the child or who is not a

8 person having a personal or professional conflict

9 of interest;

10 ‘‘(iii) that mediators are appointed from the list

11 described in subparagraph (B)(i);

12 ‘‘(iv) that whenever a mediator is not selected on

13 a random basis, both the parents and the local edu14 cational agency are involved in selecting the mediator

15 and are in agreement with the individual who is se16 lected;

17 ‘‘(v) that each session in the mediation process

18 shall be scheduled in a timely manner and shall be

19 held in a location that is convenient and accessible to

20 the parties to the dispute;

21 ‘‘(vi) that no statements made by either party

22 during the mediation under this subsection shall be

23 offered or used as evidence in any hearing, review of

24 a hearing decision, or civil action under this section;

25 and
381

•S 1578 RS

1 ‘‘(vii) that an agreement reached by the parties

2 to the dispute in the mediation process shall be set

3 forth in a written mediation agreement.

4 ‘‘(B)(i) Each State educational agency shall compile

5 and maintain a list of individuals who are—

6 ‘‘(I) trained in mediation; and

7 ‘‘(II) knowledgeable about the educational needs

8 of children with disabilities and applicable statutes

9 and regulations relating to the educational rights of

10 such children, including the requirements of this part

11 and the regulations of the Secretary under this part.

12 ‘‘(ii) The State educational agency shall ensure that

13 mediation will be provided to parents at no cost.

14 ‘‘(3) If a State has on file with the Secretary docu15 mentation that the State has an established mediation proc16 ess that is comparable to the mediation process described

17 in this subsection, the mediation process of the State shall

18 be considered to be in compliance with this subsection. Not

19 later than 4 years after the date of enactment of the Individ20 uals with Disabilities Education Act Amendments of 1996,

21 such State shall establish a mediation process program that

22 complies with the requirements of this subsection.

23 ‘‘(4) Nothing in this part shall prohibit employees or

24 former employees of a State educational agency from serv25 ing as mediators in resolving disputes about any matter
382

•S 1578 RS

1 described in subsection (b)(6), unless the dispute directly

2 involves such agency.

3 ‘‘(f) Whenever a complaint has been received under

4 subsection (b)(6), the parents shall have an opportunity for

5 an impartial due process hearing that shall be conducted

6 by the State educational agency or by the local educational

7 agency, as determined by State law or by the State edu8 cational agency. No hearing conducted pursuant to the re9 quirements of this subsection shall be conducted by an em10 ployee of such agency involved in the education or care of

11 the child.’’; and

12 (8) by inserting after subsection (i) (as so redes13 ignated by paragraph (5)) the following new sub14 section:

15 ‘‘(j)(1) Subject to the provisions of paragraph (2), any

16 State that receives funds under this part may provide that,

17 when a student with a disability reaches the age of majority

18 under State law—

19 ‘‘(A) the local educational agency shall provide

20 any notice required by this section to both the indi21 vidual and the parents;

22 ‘‘(B) all other rights accorded to parents under

23 this part transfer to the child; and

24 ‘‘(C) the local educational agency shall notify the

25 individual and the parents of the transfer of rights.
383

•S 1578 RS

1 ‘‘(2) If, under State law, a student described in para2 graph (1) is determined to not have the ability to provide

3 informed consent with respect to the educational program

4 of the student, the State shall have in effect procedures for

5 appointing the parent or other individual to represent the

6 educational interests of the student throughout the student’s

7 eligibility under this part.’’.

8 (d) ALTERNATE PROCEDURAL SAFEGUARDS.—

9 (1) IN GENERAL.—Part B (20 U.S.C. 1411 et

10 seq.) is amended by inserting after section 615 the fol11 lowing new section:

12 ‘‘SEC. 615A. ALTERNATE PROCEDURAL SAFEGUARDS.

13 ‘‘(a) SHORT-TERM DISCIPLINARY ACTIONS (UP TO 10

14 SCHOOL DAYS).—If a child with a disability engages in

15 behavior that is a violation of the rules or code of conduct

16 of the local educational agency, and if the rules or code of

17 conduct of the agency also applies to children without dis18 abilities who engage in the behavior, agency personnel with

19 the authority to do so, may—

20 ‘‘(1) utilize disciplinary measures such as deten21 tion, timeouts, increased supervision, and restriction

22 of privileges or extracurricular activities, provided

23 that any disciplinary measures that are inconsistent

24 with the child’s IEP shall be for no more than 10

25 school days; or
384

•S 1578 RS

1 ‘‘(2) suspend the child for no more than 10

2 school days.

3 ‘‘(b) LONG-TERM DISCIPLINARY ACTIONS; MANIFESTA4 TION DETERMINATION.—

5 ‘‘(1) CHANGE OF PLACEMENT.—If a child with a

6 disability engages in any of the behaviors described in

7 subsection (c)(1)(A) involving dangerous weapons,

8 drugs, or behavior resulting in serious bodily injury

9 or engages in ongoing serious disruptive behavior as

10 described in subsection (d)(1)(A), the child may be

11 placed in an interim alternative educational setting,

12 in accordance with the provisions of subsections (c)

13 and (d), regardless of whether or not the behavior is

14 a manifestation of the disability of the child.

15 ‘‘(2) DISCIPLINARY MEASURES APPLICABLE TO

16 ALL CHILDREN.—

17 ‘‘(A) IN GENERAL.—Subject to the limita18 tion described in subparagraph (B), a local edu19 cational agency may, consistent with section

20 615(b), use long-term disciplinary measures (for

21 more than 10 school days) to address the behav22 ior of a child with a disability that is a viola23 tion of the rules or code of conduct of the agency,

24 if the behavior was not a manifestation of the

25 disability of the child, and if the rules or code
385

•S 1578 RS

1 of conduct also applies to children without dis2 abilities who engage in the same behavior.

3 ‘‘(B) PROVISION OF EDUCATIONAL SERV4 ICES.—In the case of a child with a disability

5 who engages in behavior that violates the rules or

6 code of conduct of the local educational agency,

7 the child shall continue to receive educational

8 services, consistent with the provision of a free

9 appropriate public education, unless the child

10 was determined to be involved with dangerous

11 weapons or drugs, as described in subsection

12 (c)(1)(A), the behavior of the child was not a

13 manifestation of the disability of the child, and

14 the policy of the agency is to cease educational

15 services to any child determined to be involved

16 with such weapons or drugs.

17 ‘‘(3) MANIFESTATION DETERMINATION.—Before

18 subjecting a child with a disability to the same long19 term disciplinary measures (including the ceasing of

20 educational services as described in subparagraph

21 (B)) that apply to children without disabilities, the

22 child’s IEP team shall determine, in accordance with

23 the standards and considerations in paragraphs (4)

24 and (5), whether the behavior of the child was a man25 ifestation of the disability of the child.
386

•S 1578 RS

1 ‘‘(4) STANDARDS.—In making the determination

2 described in paragraph (3), the child’s IEP team

3 shall determine whether, in the context in which the

4 behavior occurred, the disability of the child—

5 ‘‘(A) impaired the ability of the child to un6 derstand the impact and consequences of such be7 havior; or

8 ‘‘(B) impaired the ability of the child to

9 control the behavior at issue.

10 ‘‘(5) CONSIDERATIONS.—In determining whether

11 the standards in paragraph (4) are met, the child’s

12 IEP team shall consider relevant information perti13 nent to the behavior at issue and the determination

14 to be made pursuant to paragraph (3), including—

15 ‘‘(A) the context in which the behavior oc16 curred and whether the child exhibited similar

17 behavior in the past;

18 ‘‘(B) evaluation and diagnostic results, in19 cluding such results or other relevant informa20 tion supplied by the parents of the child;

21 ‘‘(C) the appropriateness of the child’s IEP

22 and placement; and

23 ‘‘(D) the extent to which the child’s IEP—

24 ‘‘(i) has been implemented; and
387

•S 1578 RS

1 ‘‘(ii) includes the provision of special

2 education and related services, and the use

3 of supplementary aids and services, strate4 gies and interventions, and behavior man5 agement techniques.

6 ‘‘(6) PROCEEDINGS.—

7 ‘‘(A) EXPEDITED DUE PROCESS HEARING.—

8 If the parents of the child do not agree with the

9 determination described in paragraph (3), the

10 parents may request that a due process hearing

11 under section 615(b)(2) be conducted on an expe12 dited basis.

13 ‘‘(B) PENDENCY.—During the pendency of

14 any actions or proceedings to resolve a disagree15 ment by the parents, the child shall continue to

16 receive educational services, consistent with the

17 provision of a free appropriate public education

18 to the child.

19 ‘‘(c) CONDITIONS THAT APPLY WHEN DANGEROUS

20 WEAPONS, DRUGS, OR SERIOUS BODILY INJURY ARE

21 INVOLVED.—

22 ‘‘(1) PROGRAM MODIFICATIONS.—

23 ‘‘(A) SETTING.—If a child with a disabil24 ity, on school premises or at a school-sponsored
388

•S 1578 RS

1 event under the jurisdiction of a local edu2 cational agency—

3 ‘‘(i) has a dangerous weapon in the

4 child’s possession;

5 ‘‘(ii) engages in the illegal use, posses6 sion, or distribution of drugs; or

7 ‘‘(iii) engages in behavior that results

8 in serious bodily injury, or is substantially

9 likely to result in such injury,

10 the child may be placed in an interim alter11 native educational setting, regardless of whether

12 or not the behavior is a manifestation of the dis13 ability of the child, if the conditions in subpara14 graph (B) are met.

15 ‘‘(B) ROLE OF PRINCIPAL AND IEP TEAM.—

16 The child described in subparagraph (A) may be

17 removed to an interim alternative educational

18 setting, if—

19 ‘‘(i) the principal, after consultation

20 with individuals who witnessed the child ex21 hibit any of the behaviors described in sub22 paragraph (A) and individuals who have

23 knowledge of the disability of the child (in24 cluding the chairperson of the child’s IEP

25 team and the agency’s director of special
389

•S 1578 RS

1 education or the designees of the chairperson

2 and director), determines, in writing, that

3 the child engaged in a behavior described in

4 subparagraph (A) and that the disciplinary

5 code of the local educational agency is to be

6 applied; and

7 ‘‘(ii) the child’s IEP team assesses the

8 child, and identifies modifications in the

9 IEP of the child that are consistent with the

10 provision of a free appropriate public edu11 cation to the child, which may include

12 placement of the child in an interim alter13 native educational setting.

14 ‘‘(C) TIME LINES.—

15 ‘‘(i) DETERMINATION BY PRINCIPAL.—

16 The determination by the principal de17 scribed in subparagraph (B)(i) shall be

18 made as soon as possible, but not later than

19 10 school days after the date on which the

20 behavior described in subparagraph (A) be21 came known to the principal.

22 ‘‘(ii) PLACEMENT DECISION.—

23 ‘‘(I) PRELIMINARY DECISION.—

24 Within the 10-day period described in

25 clause (i), the child’s IEP team shall
390

•S 1578 RS

1 make a preliminary decision regarding

2 placement of the child, which may in3 clude placement of the child in an in4 terim alternative educational setting.

5 ‘‘(II) FINAL DECISION.—A final

6 placement decision by the child’s IEP

7 team, which may include placement of

8 the child in an interim alternative

9 educational setting, shall, to the maxi10 mum extent feasible, be made within

11 the 10-day period described in clause

12 (i).

13 ‘‘(iii) PLACEMENT LIMITATION.—In no

14 case shall placement of the child in an in15 terim alternative educational setting pursu16 ant to this subsection be made more than 20

17 school days after the date on which the be18 havior described in subparagraph (A) be19 came known to the principal.

20 ‘‘(D) STATUS OF CHILD IF TIME LINES ARE

21 NOT MET.—If the determination of the principal

22 (described in subparagraph (B)(i)) and the ac23 tions of the child’s IEP team (described in sub24 paragraph (B)(ii)) do not occur within the time

25 period referred to in subparagraph (C), the edu-
391

•S 1578 RS

1 cational placement of the child shall be the edu2 cational placement described in the child’s cur3 rent IEP, unless the parents of the child and the

4 agency agree otherwise.

5 ‘‘(2) INFORMATION TO BE CONSIDERED BY IEP

6 TEAM IN DETERMINING CHILD’S PLACEMENT.—In de7 termining an appropriate placement for a child who

8 engaged in any behavior described in paragraph

9 (1)(A), the child’s IEP team shall—

10 ‘‘(A) include an individual (who may be an

11 existing member of the child’s IEP team) who is

12 qualified to assess the relationship between the

13 disability of the child, the behavior of the child,

14 and the context in which the behavior occurred;

15 ‘‘(B) at a minimum, consider—

16 ‘‘(i) the information described in sub17 section (b)(5);

18 ‘‘(ii) information based on observation

19 by a person knowledgeable about the child

20 and the disability of the child, including, to

21 the extent possible, observation in the envi22 ronment in which the behavior occurred;

23 and

24 ‘‘(iii) if available, voluntary state25 ments from the parents of the child, and
392

•S 1578 RS

1 from any individual who was injured (and

2 if the individual injured is a child, the in3 dividual’s parents); and

4 ‘‘(C) make necessary modifications in the

5 child’s IEP related to the provision of special

6 education and related services, the use of supple7 mentary aids and services, and strategies and

8 interventions (including the use of behavior man9 agement plans) that are likely to contribute to

10 the elimination of the recurrence of the behavior

11 at issue by the child.

12 ‘‘(3) DISAGREEMENT BETWEEN AGENCY AND

13 PARENTS REGARDING DANGEROUS WEAPONS, DRUGS,

14 OR SERIOUS BODILY INJURY.—

15 ‘‘(A) DUE PROCESS HEARING.—If the par16 ents of a child disagree with a determination

17 made by the principal under paragraph

18 (1)(B)(i) or the action of the IEP team under

19 paragraph (1)(B)(ii) to place the child in an in20 terim alternative educational setting or the rec21 ommendations of the child’s IEP team regarding

22 the provision of a free appropriate public edu23 cation pursuant to paragraph (1)(B)(ii) the par24 ents may request that a due process hearing
393

•S 1578 RS

1 under section 615(b)(2) be conducted on an expe2 dited basis.

3 ‘‘(B) CONSIDERATIONS.—In making a de4 termination regarding such a disagreement, the

5 hearing officer shall consider, at a minimum—

6 ‘‘(i) the determination of the principal

7 described in paragraph (1)(B)(i);

8 ‘‘(ii) information considered by the

9 child’s IEP team under paragraphs

10 (1)(B)(ii) and (2); and

11 ‘‘(iii) whether the child’s IEP team

12 met its responsibilities under paragraph

13 (4), if appropriate.

14 ‘‘(C) PLACEMENT DURING DISPUTE.—Dur15 ing the pendency of any actions or proceedings

16 to resolve a disagreement described in subpara17 graph (A), the child shall remain in the interim

18 alternative educational setting, unless the par19 ents and the State or local educational agency

20 agree otherwise.

21 ‘‘(4) REVIEW OF CHILD’S PLACEMENT IN IN22 TERIM ALTERNATIVE EDUCATIONAL SETTING.—Not

23 later than 35 school days after the placement in an

24 interim alternative educational setting of a child who

25 engaged in any behavior described in paragraph
394

•S 1578 RS

1 (1)(A) (or earlier, if specified in the child’s IEP), the

2 child’s IEP team shall—

3 ‘‘(A) review the progress of the child in the

4 interim alternative educational setting;

5 ‘‘(B) determine an appropriate educational

6 placement based on a revised IEP, if appro7 priate; and

8 ‘‘(C) secure the placement of the child in the

9 appropriate educational placement, consistent

10 with the provisions of this part, for the remain11 der of the school year or for the beginning of the

12 next school year, whichever is appropriate.

13 ‘‘(d) CONDITIONS THAT APPLY WHEN SERIOUS DIS14 RUPTIVE BEHAVIOR IS INVOLVED.—

15 ‘‘(1) PLACEMENT IN INTERIM ALTERNATIVE EDU16 CATIONAL SETTING.—

17 ‘‘(A) REMOVAL OF A CHILD TO AN INTERIM

18 ALTERNATIVE EDUCATIONAL SETTING.—If a

19 child with a disability, on school premises, en20 gages in ongoing serious disruptive behavior that

21 significantly impairs the education of the child

22 or the education of other children and the ability

23 of the teacher of the child to teach, the child may

24 be placed in an interim alternative educational
395

•S 1578 RS

1 setting, if the conditions in subparagraph (B)

2 are met.

3 ‘‘(B) ROLE OF PRINCIPAL AND IEP TEAM.—

4 ‘‘(i) IN GENERAL.—A child described

5 in subparagraph (A) may be removed to an

6 interim alternative educational setting if,

7 consistent with the requirements of para8 graph (2)(B)(i) and subparagraphs (A) and

9 (B) of paragraph (3)—

10 ‘‘(I) the principal, after consulta11 tion with individuals who have knowl12 edge of the disability of the child (in13 cluding the chairperson of the child’s

14 IEP team, the agency’s director of spe15 cial education or the designees of the

16 chairperson and director, and the

17 teacher most knowledgeable about the

18 child), determines in writing that the

19 continued presence of the child in the

20 child’s current educational placement

21 would significantly impair the edu22 cation of the child or the classmates of

23 the child and the ability of the teacher

24 of the child to teach; and
396

•S 1578 RS

1 ‘‘(II) the child’s IEP team devel2 ops a placement in an interim alter3 native educational setting, consistent

4 with the provision of a free appro5 priate public education to the child.

6 ‘‘(ii) CONSTRUCTION CLAUSE.—A child

7 shall not be determined to be seriously dis8 ruptive on the basis of unreasonable consid9 erations, such as—

10 ‘‘(I) myths or stereotypes about

11 disability;

12 ‘‘(II) a lack of understanding of

13 the nature of the disability or the effect

14 of the disability on behavior;

15 ‘‘(III) a disruption caused by de16 vices, accommodations, auxiliary aids

17 or services used by a child with a dis18 ability; or

19 ‘‘(IV) behavior that has not been

20 addressed by special education and re21 lated services as provided by para22 graph (3)(B).

23 ‘‘(C) TIMELINE FOR ACTION.—

24 ‘‘(i) IN GENERAL.—If a child described

25 in subparagraph (A) was subjected to short-
397

•S 1578 RS

1 term disciplinary measures lasting for any

2 period up to 10 school days as described in

3 subsection (a), the determination of the

4 principal under subparagraph (B)(i)(I) and

5 the actions of the IEP team under subpara6 graph (B)(i)(II) shall occur within that 10-

7 day period.

8 ‘‘(ii) STATUS OF CHILD IF TIME LINE

9 IS NOT MET.—If the determination of the

10 principal under subparagraph (B)(i)(I) and

11 the actions of the IEP team described in

12 subparagraph (B)(i)(II) do not occur with13 in the 10-school-day time period described

14 in clause (i), the educational placement of

15 the child shall be the placement described in

16 the child’s current IEP, unless the parents

17 of the child and the agency agree otherwise.

18 ‘‘(2) DISAGREEMENT BETWEEN AGENCY AND

19 PARENTS WHEN SERIOUS DISRUPTIVE BEHAVIOR IS

20 INVOLVED.—

21 ‘‘(A) HEARING OFFICER DETERMINATION.—

22 If the parents of the child disagree with the de23 termination made by the principal under para24 graph (1)(B)(i)(I) or the action of the IEP team

25 described under paragraph (1)(B)(i)(II), a hear-
398

•S 1578 RS

1 ing officer shall make a determination whether

2 the removal of the child to an interim alternative

3 educational setting was justified by the serious

4 disruptive behavior of the child. The determina5 tion of the hearing officer shall be made not later

6 than 10 school days after the child’s parents

7 communicate to the principal the parent’s dis8 agreement with the determination of the prin9 cipal or the action of the IEP team. If excep10 tional circumstances exist, such as the unavail11 ability of a hearing officer, the determination of

12 the hearing officer shall be made not later than

13 20 school days after the child’s parents commu14 nicate to the principal such disagreement. A

15 hearing officer may grant additional extensions

16 of time for a hearing determination if the school

17 district and parents agree otherwise.

18 ‘‘(B) LIMITATIONS.—

19 ‘‘(i) CONSIDERATION OF RECORD ON

20 THE CHILD.—In making a determination

21 on whether removal of a child with a dis22 ability to an interim alternative edu23 cational setting is justified, the principal

24 and the IEP team (and, in situations in25 volving a disagreement, the hearing officer)
399

•S 1578 RS

1 shall consider the record described in para2 graph (3).

3 ‘‘(ii) FAILURE TO MAKE A DETERMINA4 TION.—If the determination of the hearing

5 officer is not made within the time period

6 described in subparagraph (A), the edu7 cational placement of the child shall be the

8 placement described in the prior IEP of the

9 child, unless the parents of the child and the

10 agency agree otherwise.

11 ‘‘(C) DUE PROCESS HEARING; PENDENCY.—

12 If either the parents of the child or the local edu13 cational agency disagrees with the determination

14 of the hearing officer and requests a due process

15 hearing pursuant to section 615(b)(2), then the

16 educational placement of the child shall be the

17 placement determined by the hearing officer dur18 ing the pendency of any actions or proceedings,

19 unless the parents and the agency agree other20 wise.

21 ‘‘(3) SPECIAL RECORD FOR A CHILD WITH A DIS22 ABILITY WHO IS SERIOUSLY DISRUPTIVE.—In order

23 for the principal and the IEP team or a hearing offi24 cer to determine under this subsection that a child

25 with a disability is engaging in ongoing serious dis-
400

•S 1578 RS

1 ruptive behavior that significantly impairs the edu2 cation of the child or the education of other children

3 and the ability of the teacher of the child to teach, the

4 following information must have been documented:

5 ‘‘(A) CUMULATIVE RECORD OF BEHAVIOR.—

6 A cumulative record over an extended period of

7 time describing frequent behaviors exhibited by

8 the child that prevent the child, the classmates of

9 the child, or the teacher of the child from engag10 ing in the activities that would have occurred in

11 the absence of serious disruptive behavior of the

12 child.

13 ‘‘(B) DOCUMENTED EVIDENCE OF EFFORTS

14 TO ADDRESS THE BEHAVIOR.—Documented evi15 dence of efforts to address the behavior of the

16 child, including—

17 ‘‘(i) the reconvening of the child’s IEP

18 team to consider the appropriateness of the

19 child’s IEP;

20 ‘‘(ii) the provision of special education

21 and related services;

22 ‘‘(iii) the use of supplemental services

23 and strategies (including the use of behavior

24 management plans) that have been imple25 mented over a reasonable period of time and
401

•S 1578 RS

1 have failed to address the needs of the child

2 in a manner that would enable the child to

3 remain in the current educational place4 ment of the child without significantly im5 pairing the education of the child or the

6 classmates of the child and the ability of the

7 teacher of the child to teach; and

8 ‘‘(iv) the training made available to

9 the child’s classroom teachers.

10 ‘‘(4) INFORMATION TO BE CONSIDERED BY IEP

11 TEAM WHEN SERIOUS DISRUPTIVE BEHAVIOR IS IN12 VOLVED.—In determining an appropriate placement

13 for a child with a disability who engaged in a serious

14 disruptive behavior described in paragraph (1)(A),

15 the child’s IEP team shall consider the information

16 about the child required in subsection (c)(2)(B), and

17 make necessary modifications in the child’s IEP, as

18 described in subsection (c)(2)(C).

19 ‘‘(5) REVIEW OF PROGRESS OF THE CHILD.—The

20 child’s IEP team shall review the progress of the

21 child, in accordance with the procedures and time

22 lines in subsection (c)(4).

23 ‘‘(e) DEFINITIONS; CONSTRUCTION.—

24 ‘‘(1) DANGEROUS WEAPON.—For the purpose of

25 this section, the term ‘dangerous weapon’ means a
402

•S 1578 RS

1 weapon, device, instrument, material or substance,

2 animate or inanimate, that is used for or is readily

3 capable of causing death or serious bodily injury.

4 ‘‘(2) DRUG.—For the purpose of this section, the

5 term ‘drug’ means a drug or other substance identi6 fied under schedules I, II, III, IV, and V in section

7 202(c) of the Controlled Substances Act (21 U.S.C.

8 812(c)).

9 ‘‘(3) ILLEGAL USE OF DRUGS.—For the purpose

10 of this section, the term ‘illegal use of drugs’ shall not

11 be construed to include the use of a drug taken under

12 the supervision of a licensed health care professional,

13 or other uses authorized by the Controlled Substances

14 Act or other provisions of Federal law.

15 ‘‘(4) SERIOUS BODILY INJURY.—For the purpose

16 of this section, the term ‘serious bodily injury’ means

17 injury that involves a substantial risk of death, ex18 treme physical pain, an obvious or protracted dis19 figurement, or a protracted loss or impairment of a

20 bodily member, organ, or mental faculty that is the

21 result of a physical or sexual assault that also may

22 have significantly endangered emotional health or

23 safety.

24 ‘‘(f) TIMING AND EFFECT OF ASSERTION OF A CHILD’S

25 DISABILITY.—
403

•S 1578 RS

1 ‘‘(1) PROTECTION STATUS OF A CHILD NOT YET

2 FOUND ELIGIBLE FOR SPECIAL EDUCATION AND RE3 LATED SERVICES.—A child who has not been deter4 mined to be eligible for special education and related

5 services under this part and who engages in behavior

6 that is a violation of the rules or code of conduct of

7 the local educational agency, including a child who

8 engages in any of the behaviors described in sub9 sections (c) and (d), may assert the protections au10 thorized under this part, if the local educational agen11 cy had knowledge that the child was a child with a

12 disability before the behavior that precipitated the

13 disciplinary action occurred.

14 ‘‘(2) BASIS OF AN AGENCY’S KNOWLEDGE OF A

15 CHILD’S DISABILITY.—If the parents of a child de16 scribed in paragraph (1) expressed concern, in writ17 ing, if practicable, to appropriate educational agency

18 personnel about the need of the child for special edu19 cation and related services or the behavior of the child

20 which would demonstrate the need for such services,

21 or the teacher of the child or other personnel expressed

22 concern about the behavior of the child which would

23 demonstrate the need for such services or the needs of

24 the child to the agency’s director of special education

25 or other agency staff or the parents, then such agency
404

•S 1578 RS

1 shall be deemed to have knowledge of a disability of

2 a child. A request by the parents under this para3 graph may include but not be limited to a parental

4 request for an evaluation of their child to determine

5 the eligibility of the child for special education and

6 related services.

7 ‘‘(3) CONDITIONS THAT APPLY WHEN AN AGENCY

8 HAD NO KNOWLEDGE OF A DISABILITY OF A CHILD.—

9 ‘‘(A) IN GENERAL.—Subject to the require10 ment of subparagraph (B), if a local educational

11 agency does not have knowledge of a disability of

12 a child as described in paragraph (2) prior to

13 taking disciplinary measures against the child,

14 the child may be subjected to the same discipli15 nary measures as children without disabilities,

16 who engaged in comparable behaviors.

17 ‘‘(B) LIMITATIONS.—If a request is made

18 for evaluation of a child during the time period

19 in which the child is subjected to disciplinary

20 measures under subparagraph (A), the evalua21 tion shall be conducted in an expedited manner.

22 If the child is determined to be a child with a

23 disability, taking into consideration information

24 from the evaluation conducted by the agency and

25 information provided by the parents, such agen-
405

•S 1578 RS

1 cy shall provide special education and related

2 services in accordance with the provisions of this

3 part. Pending the results of the evaluation, the

4 placement of the child shall be the placement de5 termined by the school authorities.

6 ‘‘(g) REFERRAL TO AND ACTIONS BY LAW ENFORCE7 MENT AND JUDICIAL AUTHORITIES.—Nothing in this part

8 shall be construed to prohibit an agency from reporting a

9 crime committed by a child with a disability to appropriate

10 authorities or to prevent State law enforcement and judicial

11 authorities from exercising their responsibilities with re12 gard to the application of Federal and State law to crimes

13 committed by a child with a disability.

14 ‘‘(h) DEFINITIONS.—

15 ‘‘(1) IN GENERAL.—Except as provided in para16 graph (2), the definitions used in section 602 (as in

17 effect on the day before the date of enactment of the

18 Individuals with Disabilities Education Act Amend19 ments of 1996) shall apply to this section.

20 ‘‘(2) EXCEPTION.—The terms ‘behavior manage21 ment plan’, ‘child with a disability’, ‘educational

22 service agency’, ‘local educational agency’, ‘parent’,

23 and ‘supplementary aids and services’ shall have the

24 meanings given such terms in section 602 (as amend-
406

•S 1578 RS

1 ed by section 102 of the Individuals with Disabilities

2 Education Act Amendments of 1996).’’.

3 (2) REPEAL.—Section 615A(h), as added by

4 paragraph (1), shall be repealed effective January 1,

5 1998.

6 SEC. 207. WITHHOLDING AND JUDICIAL REVIEW.

7 Section 616 (20 U.S.C. 1416) is amended to read as

8 follows:

9 ‘‘SEC. 616. WITHHOLDING AND JUDICIAL REVIEW.

10 ‘‘(a) WITHHOLDING.—

11 ‘‘(1) IN GENERAL.—Whenever the Secretary,

12 after reasonable notice and an opportunity for a

13 hearing is provided to the State educational agency

14 involved (and to any local educational agency or

15 State agency affected by any failure described in sub16 paragraph (B)), finds—

17 ‘‘(A) that there has been a failure by the

18 State to comply substantially with any provision

19 of this part; or

20 ‘‘(B) that there is a failure to comply with

21 any condition of a local educational agency’s eli22 gibility or State agency’s eligibility under this

23 part,
407

•S 1578 RS

1 the Secretary shall, after notifying the State edu2 cational agency, withhold any further payments to

3 the State under this part.

4 ‘‘(2) LIMITATIONS.—If the Secretary withholds

5 further payments under paragraph (1), the Secretary

6 may determine that such withholding will be limited

7 to programs or projects, or portions thereof, affected

8 by the failure, or that the State educational agency

9 shall not make further payments under this part to

10 specified local educational agencies or State agencies

11 affected by the failure. Until the Secretary is satisfied

12 that there is no longer any failure to comply with the

13 provisions of this part, as specified in subparagraph

14 (A) or (B) of paragraph (1), no further payments

15 shall be made to the State under this part or pay16 ments by the State educational agency under this

17 part shall be limited to local educational agencies or

18 State agencies whose actions did not cause or were

19 not involved in the failure, as the case may be. Any

20 State educational agency, local educational agency, or

21 State agency in receipt of a notice pursuant to para22 graph (1) shall, by means of a public notice, take such

23 measures as may be necessary to bring the pendency

24 of an action pursuant to this subsection to the atten-
408

•S 1578 RS

1 tion of the public within the jurisdiction of such agen2 cy.

3 ‘‘(b) APPEALS OF ELIGIBILITY DETERMINATIONS.—

4 ‘‘(1) PETITION.—If any State is dissatisfied with

5 the Secretary’s final action with respect to the eligi6 bility of such State under section 612, such State

7 may, within 60 days after notice of such action, file

8 with the United States court of appeals for the circuit

9 in which such State is located a petition for review

10 of that action. A copy of the petition shall be forth11 with transmitted by the clerk of the court to the Sec12 retary. The Secretary thereupon shall file in the court

13 the record of the proceedings upon which the Sec14 retary’s action was based, as provided in section 2112

15 of title 28, United States Code.

16 ‘‘(2) FINDINGS.—The findings of fact by the Sec17 retary, if supported by substantial evidence, shall be

18 conclusive, but the court, for good cause shown, may

19 remand the case to the Secretary to take further evi20 dence. The Secretary on remand of the case may make

21 new or modified findings of fact, may modify the pre22 vious action of the Secretary, and shall file in the

23 court the record of the further proceedings. Such new

24 or modified findings of fact shall be conclusive if sup25 ported by substantial evidence.
409

•S 1578 RS

1 ‘‘(3) COURT’S JUDGMENT.—Upon the filing of

2 the petition under paragraph (1), the court shall have

3 jurisdiction to affirm the action of the Secretary or

4 to set such action aside, in whole or in part. The

5 judgment of the court shall be subject to review by the

6 Supreme Court of the United States upon certiorari

7 or certification as provided in section 1254 of title 28,

8 United States Code.’’.

9 SEC. 208. ADMINISTRATION.

10 Section 617 (20 U.S.C. 1417) is amended to read as

11 follows:

12 ‘‘SEC. 617. ADMINISTRATION.

13 ‘‘(a) SECRETARY’S RESPONSIBILITIES.—In carrying

14 out this part, the Secretary shall—

15 ‘‘(1) cooperate with, and (directly or through

16 grant or contract) provide the technical assistance

17 necessary to, the State in matters relating to—

18 ‘‘(A) the education of children with disabil19 ities; and

20 ‘‘(B) carrying out the requirements of this

21 part;

22 ‘‘(2) provide short-term training programs and

23 institutes; and
410

•S 1578 RS

1 ‘‘(3) disseminate information about, and other2 wise promote, the education of all children with dis3 abilities within the States.

4 ‘‘(b) RULES AND REGULATIONS.—Not later than Jan5 uary 1, 1977, the Secretary in carrying out the provisions

6 of this part shall issue, amend, and revoke such rules and

7 regulations as may be necessary. No other less formal meth8 od of implementing such provisions is authorized.

9 ‘‘(c) CONFIDENTIALITY.—The Secretary shall take ap10 propriate action, in accordance with the provisions of sec11 tion 444 of the General Education Provisions Act (20

12 U.S.C. 1232g), to ensure the protection of the confidential13 ity of any personally identifiable data, information, and

14 records collected or maintained by the Secretary and by

15 State and local educational agencies pursuant to the provi16 sions of this part.

17 ‘‘(d) PERSONNEL.—The Secretary is authorized to hire

18 qualified personnel necessary to conduct data collection and

19 evaluation activities authorized by section 618, without re20 gard to the provisions of title 5, United States Code, relat21 ing to appointments in the competitive service and without

22 regard to chapter 51 and subchapter III of chapter 53 of

23 such title relating to classification and general schedule pay

24 rates except that no more than 20 such personnel shall be

25 employed at any one time.
411

•S 1578 RS

1 ‘‘(e) POLICY LETTERS AND STATEMENTS.—The Sec2 retary may not, through policy letters or other statements,

3 establish a rule that is required for compliance with and

4 eligibility under this part without following the require5 ments of section 553 of title 5, United States Code.

6 ‘‘(f) INTERPRETATIONS BY THE DEPARTMENT OF EDU7 CATION.—

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

9 quarterly basis, publish in the Federal Register, and

10 widely disseminate to interested entities through var11 ious additional forms of communication, a list of cor12 respondence from the Department of Education re13 ceived by persons during the previous quarter that de14 scribes the interpretations of the Department of Edu15 cation of this part or the regulations implemented

16 pursuant to this part.

17 ‘‘(2) ADDITIONAL INFORMATION.—For each item

18 of correspondence published in a list under paragraph

19 (1), the Secretary shall identify the topic addressed by

20 the correspondence and shall include such other sum21 mary information as the Secretary determines appro22 priate.’’.

23 SEC. 209. EVALUATION AND PROGRAM INFORMATION.

24 (a) IN GENERAL.—Section 618 (20 U.S.C. 1418) is

25 amended to read as follows:
412

•S 1578 RS

1 ‘‘SEC. 618. EVALUATION AND PROGRAM INFORMATION.

2 ‘‘(a) PROGRAM INFORMATION.—Each State that re3 ceives assistance under this part, and the Secretary of the

4 Interior, shall provide data each year to the Secretary—

5 ‘‘(1)(A) on—

6 ‘‘(i) the number of children with disabilities

7 who are receiving a free appropriate public edu8 cation;

9 ‘‘(ii) the number of children with disabil10 ities who are receiving early intervention serv11 ices;

12 ‘‘(iii) the number of children with disabil13 ities who are participating in regular education;

14 ‘‘(iv) the number of children with disabil15 ities who are in separate classes, separate schools

16 or facilities, or public or private residential fa17 cilities;

18 ‘‘(v) the number of children with disabilities

19 who, for each year of age from 14 through 21,

20 stopped receiving special education and related

21 services because of program completion or for

22 other reasons; and

23 ‘‘(vi) the number of children with disabil24 ities who, from birth through age 2, stopped re25 ceiving early intervention services because of pro26 gram completion or for other reasons; and
413

•S 1578 RS

1 ‘‘(B) on the number of infants and toddlers who

2 are at risk of having substantial developmental delays

3 (as described in section 672) and who are receiving

4 early intervention services under part H; and

5 ‘‘(2) on any other information as may be re6 quired by the Secretary.

7 ‘‘(b) STUDIES AND EVALUATIONS, AND NATIONAL AS8 SESSMENTS.—

9 ‘‘(1) IN GENERAL.—The Secretary shall assess

10 the progress in the implementation of this Act through

11 the studies, evaluations, and assessments described in

12 paragraphs (2) and (3).

13 ‘‘(2) STUDIES AND EVALUATIONS.—In carrying

14 out the requirement of paragraph (1), the Secretary

15 shall, directly or through grants, contracts, or cooper16 ative agreements, conduct studies and evaluations

17 necessary to—

18 ‘‘(A) assess, through quantitative and quali19 tative data and reporting modes, the effectiveness

20 of State and local efforts to—

21 ‘‘(i) provide a free appropriate public

22 education to children with disabilities; and

23 ‘‘(ii) provide early intervention serv24 ices to infants and toddlers with disabilities
414

•S 1578 RS

1 and infants and toddlers at risk for devel2 opmental delay;

3 ‘‘(B) analyze measurable impact, outcomes,

4 and results achieved by the State educational

5 agencies and local educational agencies through

6 the systems change activities of such agencies to

7 reform policies, procedures, and practices de8 signed to improve the educational and transi9 tional services and results for children with

10 disabilities;

11 ‘‘(C) analyze the State and local needs for

12 professional development, parent training, and

13 other appropriate activities regarding discipli14 nary actions involving children with disabilities;

15 and

16 ‘‘(D) assess the educational and transitional

17 services and results for children with disabilities

18 from unserved and underserved populations, in19 cluding—

20 ‘‘(i) data on—

21 ‘‘(I) the number of children from

22 unserved and underserved populations

23 who are referred for special education

24 evaluation;
415

•S 1578 RS

1 ‘‘(II) the number of children from

2 unserved and underserved populations

3 who are receiving special education

4 and related services; and

5 ‘‘(III) the number of children

6 from unserved and underserved popu7 lations who graduated from secondary

8 and postsecondary education programs;

9 and

10 ‘‘(ii) the performance of children with

11 disabilities from unserved and underserved

12 populations on State assessments and other

13 performance indicators established for all

14 students.

15 ‘‘(3) NATIONAL STUDIES, ASSESSMENTS, AND

16 EVALUATIONS.—The Secretary shall, directly or

17 through grants, contracts, or cooperative agreements,

18 conduct studies, assessments, and evaluations (using

19 nationally representative samples) that shall measure

20 the educational and transitional services and results

21 of children with disabilities under this Act. Such

22 studies, assessments, and evaluations shall include—

23 ‘‘(A) the conduct of a 5-year longitudinal

24 study or studies (utilizing both quantitative and

25 qualitative data and reporting modes)—
416

•S 1578 RS

1 ‘‘(i) that examine the educational and

2 transitional services and results for children

3 with disabilities aged 3 through 17, who are

4 receiving special education and related serv5 ices under this Act, using a national, rep6 resentative sample of distinct age cohorts

7 and disability categories;

8 ‘‘(ii) that identify and reports on the

9 placement of children with disabilities by

10 disability category; and

11 ‘‘(iii) that examine the educational re12 sults, postsecondary placement, and employ13 ment status of individuals with disabilities,

14 aged 18 through 21, who are receiving or

15 have received special education and related

16 services under this Act; and

17 ‘‘(B) the annual collection of data (begin18 ning on October 1, 1998 and every fiscal year

19 thereafter) on the number of children with dis20 abilities suspended, expelled, and subject to other

21 disciplinary actions (such as change in place22 ment), including data disaggregated by age, sex,

23 race, socioeconomic status, disability category,

24 and category of behavior subject to disciplinary

25 action.
417

•S 1578 RS

1 The Secretary shall ensure that the activities de2 scribed in clauses (i) through (iii) of subparagraph

3 (A) are not duplicated by any entity selected through

4 a grant, contract, or cooperative agreement under

5 paragraph (2).

6 ‘‘(c) TRACKING AND REPORTING REQUIREMENTS.—

7 ‘‘(1) POST-SCHOOL OUTCOME TRACKING.—The

8 Secretary shall, directly or through contracts, conduct

9 a study on the post-school outcomes for children with

10 disabilities who have been expelled from school, and

11 shall develop a procedure for State educational agen12 cies to monitor the status of the children, based on

13 categories developed by the Secretary, including the

14 monitoring of the status of such children through fol15 lowup information regarding the employment status

16 of the children, the return of the children to school, the

17 graduation of the children, high school equivalency ex18 aminations taken by the children, and residential in19 carceration of the children.

20 ‘‘(2) COLLECTION AND TRACKING.—Each State

21 educational agency shall bear the costs of collecting

22 and reporting any information requested by the Sec23 retary regarding the students described in paragraph

24 (1) including, information on—
418

•S 1578 RS

1 ‘‘(A) the number and nature of disciplinary

2 actions against children expelled under section

3 615A; and

4 ‘‘(B) post-school outcomes collected under

5 the procedure developed under paragraph (1).

6 ‘‘(3) REPORTS BY THE SECRETARY.—The Sec7 retary shall collect the information described in para8 graph (2) and shall—

9 ‘‘(A) not later than 2 years after the date

10 of enactment of the Individuals with Disabilities

11 Education Act Amendments of 1996, prepare

12 and submit an interim report concerning the in13 formation to the Committee on Labor and

14 Human Resources of the Senate and the Com15 mittee on Economic and Educational Opportu16 nities of the House of Representatives; and

17 ‘‘(B) not later than 4 years after the date

18 of enactment of the Individuals with Disabilities

19 Education Act Amendments of 1996, prepare

20 and submit a final report concerning the infor21 mation to the Committee on Labor and Human

22 Resources of the Senate and the Committee on

23 Economic and Educational Opportunities of the

24 House of Representatives.
419

•S 1578 RS

1 ‘‘(d) ANNUAL REPORT.—Not later than 120 days after

2 the expiration of each fiscal year, the Secretary shall pre3 pare and submit to Congress a report that includes—

4 ‘‘(1) an analysis and summary of the data re5 ported by the States and the Secretary of the Interior

6 under subsection (a);

7 ‘‘(2) the results of activities conducted under sub8 section (b);

9 ‘‘(3) the findings and determinations resulting

10 from reviews of States with respect to the implemen11 tation of this Act; and

12 ‘‘(4) recommendations with respect to the imple13 mentation of this Act to improve the educational and

14 transitional services and results for children with dis15 abilities and their families.

16 ‘‘(e) ADDITIONAL SOURCES OF INFORMATION.—The

17 Secretary may collect and use information collected from

18 various sources for reporting to Congress, including the col19 lection and use of State evaluations and available research

20 studies, in carrying out this section.

21 ‘‘(f) RESERVATION FOR STUDIES AND EVALUA22 TIONS.—Notwithstanding any provision of this Act, the

23 Secretary may reserve, in addition to any funds appro24 priated under this section, up to one-half of one percent of
420

•S 1578 RS

1 the amount appropriated under this part and part H for

2 each fiscal year to carry out the purposes of this section.

3 ‘‘(g) AUTHORIZATION OF APPROPRIATIONS.—For pur4 poses of carrying out this section, there are authorized to

5 be appropriated $4,100,000 for fiscal year 1997 and such

6 sums as may be necessary for succeeding fiscal years.

7 ‘‘(h) APPLICABILITY OF DEFINITIONS.—Any term used

8 in this section that is defined in section 602 (as amended

9 by section 102 of the Individuals with Disabilities Edu10 cation Act Amendments of 1996) shall have the meaning

11 given such term in such section.’’.

12 (b) REPEALS.—

13 (1) CURRENT PROGRAM AND EVALUATIONS PRO14 VISIONS.—Section 618 (20 U.S.C. 1418) as in effect

15 on the day before October 1, 1996 shall be repealed ef16 fective October 1, 1996.

17 (2) APPLICABILITY OF DEFINITIONS.—Section

18 618(h), as added by subsection (a), shall be repealed

19 effective October 1, 1997.

20 SEC. 210. PRESCHOOL GRANTS.

21 Section 619 (20 U.S.C. 1419) is amended to read as

22 follows:

23 ‘‘SEC. 619. PRESCHOOL GRANTS.

24 ‘‘(a) PURPOSE OF GRANTS.—The Secretary shall make

25 grants to States and the outlying areas to assist in the pro-
421

•S 1578 RS

1 vision of special education and related services, in accord2 ance with this part—

3 ‘‘(1) to children with disabilities aged 3 through

4 5; and

5 ‘‘(2) at the discretion of the State, to 2-year-old

6 children with disabilities who will turn age 3 during

7 the school year.

8 ‘‘(b) ELIGIBILITY.—A State or outlying area is eligible

9 for a grant under this section if the State or outlying

10 area—

11 ‘‘(1) has established its eligibility under section

12 612; and

13 ‘‘(2) makes a free appropriate public education

14 available to all children with disabilities, aged 3

15 through 5, residing in the jurisdiction of the State or

16 the outlying area.

17 ‘‘(c) ALLOCATIONS.—Of the funds made available

18 under this section, the Secretary shall allocate to each eligi19 ble State and each outlying area, the State’s or outlying

20 area’s pro rata share of the available funds based upon the

21 count of the State on the number of children with disabil22 ities, aged 3 through 5, consistent with section 611(a)(3).

23 The amount of any grant to any State or outlying area

24 under this section for any fiscal year may not exceed $1,500
422

•S 1578 RS

1 for each child with a disability in such State or outlying

2 area, aged 3 through 5.

3 ‘‘(d) STATE-LEVEL ACTIVITIES.—

4 ‘‘(1) IN GENERAL.—A State may retain not

5 more than 25 percent of the amount of the grant that

6 the State receives under this section for administra7 tion and other State-level activities in accordance

8 with subsections (e) and (f).

9 ‘‘(2) INAPPLICABILITY OF CERTAIN REQUIRE10 MENTS.—A State may use the funds that the State re11 tains under paragraph (1) without regard to—

12 ‘‘(A) the prohibition on commingling of

13 funds under section 612(a)(18)(A)(ii); and

14 ‘‘(B) the prohibition on supplanting other

15 funds under section 612(a)(18)(A)(iii).

16 ‘‘(e) STATE ADMINISTRATION.—

17 ‘‘(1) IN GENERAL.—Each State and outlying

18 area may use not more than 5 percent of the amount

19 of the grant that the State and outlying area receive

20 under this section for any fiscal year for the purpose

21 of administering this part, including the coordination

22 of activities under this part with, and providing tech23 nical assistance to, other programs that provide serv24 ices to children with disabilities.
423

•S 1578 RS

1 ‘‘(2) ADMINISTRATION OF PART H.—Funds de2 scribed in paragraph (1) may also be used for the ad3 ministration of part H, if the State educational agen4 cy is the lead agency for the State under that part.

5 ‘‘(f) OTHER STATE-LEVEL ACTIVITIES.—A State shall

6 use any funds that the State retains under subsection (d)

7 and does not use for administration under subsection (e)—

8 ‘‘(1) for support services (including establishing

9 and implementing the mediation process required by

10 section 615(e)), which may benefit children with dis11 abilities younger than age 3 and older than age 5 as

12 long as such services also benefit children with dis13 abilities aged 3 through 5;

14 ‘‘(2) for direct services for children eligible for

15 services under this section;

16 ‘‘(3) for activities at the State and local levels to

17 meet the performance goals established by the State

18 under section 612(a)(16);

19 ‘‘(4) to supplement other funds used to develop

20 and implement a fully integrated and coordinated

21 statewide system that links education, health, social

22 welfare services, support systems, and other commu23 nity entities, in a manner designed to improve the

24 educational and transitional results for all children

25 and their families (including children with disabil-
424

•S 1578 RS

1 ities and their families), but not to exceed 1 percent

2 of the amount received by the State under this section;

3 or

4 ‘‘(5) for other activities at the discretion of the

5 State educational agency that are consistent with the

6 purpose of this part.

7 ‘‘(g) SUBGRANTS TO LOCAL EDUCATIONAL AGENCIES

8 AND STATE AGENCIES.—

9 ‘‘(1) REQUIREMENT TO MAKE SUBGRANTS.—A

10 State that receives a grant under this section for any

11 fiscal year shall distribute at least 75 percent of the

12 grant funds to local educational agencies in the State

13 that have established eligibility under section 613,

14 and to State agencies that received funds for fiscal

15 year 1994 under subpart 2 of part D of chapter 1 of

16 title I of the Elementary and Secondary Education

17 Act of 1965 (as such subpart was in effect on the day

18 preceding the date of enactment of the Improving

19 America’s Schools Act of 1994) and that have estab20 lished their eligibility under section 613.

21 ‘‘(2) METHODS OF DISTRIBUTION.—From the

22 amount of funds available to local educational agen23 cies or State agencies in any State under this section,

24 each local educational agency shall be entitled to the

25 pro rata share of the available funds based on the ag-
425

•S 1578 RS

1 gregate number of children with disabilities aged 3

2 through 5 who received special education and related

3 services as determined under section 611.

4 ‘‘(h) PART H INAPPLICABILITY.—Part H does not

5 apply to any child with a disability receiving a free appro6 priate public education, in accordance with this part, with

7 funds received under this section.

8 ‘‘(i) OUTLYING AREAS.—The provisions of section 501

9 of Public Law 95–134 (48 U.S.C. 1469a), permitting the

10 consolidation of grants to outlying areas, shall not apply

11 to funds received by such areas under this section.

12 ‘‘(j) DEFINITION OF STATE.—For the purpose of this

13 section, the term ‘State’ means each of the 50 States, the

14 District of Columbia, and the Commonwealth of Puerto

15 Rico.

16 ‘‘(k) AUTHORIZATION OF APPROPRIATIONS.—For the

17 purpose of carrying out this section, there are authorized

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

19 SEC. 211. PAYMENTS.

20 Section 620 (20 U.S.C. 1420) is amended to read as

21 follows:

22 ‘‘SEC. 620. PAYMENTS.

23 ‘‘(a) PAYMENTS TO STATES.—The Secretary shall

24 make payments to each State that has demonstrated the eli-
426

•S 1578 RS

1 gibility of the State under section 612, in amounts that the

2 Secretary determines under sections 611 and 619.

3 ‘‘(b) PAYMENTS TO LOCAL EDUCATIONAL AGENCIES

4 AND STATE AGENCIES.—Any State educational agency re5 ceiving payments under this section shall distribute pay6 ments to local educational agencies (and to State agencies

7 that received funds for fiscal year 1994 under subpart 2

8 of part D of chapter 1 of title I of the Elementary and

9 Secondary Education Act of 1965 (as such subpart was in

10 effect on the day preceding the date of enactment of the Im11 proving America’s Schools Act of 1994)) in the State that

12 the State educational agency has determined are eligible

13 under section 613, in amounts determined under sections

14 611 and 619.’’.

15 SEC. 212. APPLICABILITY OF DEFINITIONS.

16 (a) AMENDMENT.—Part B (20 U.S.C. 1411 et seq.) is

17 amended by adding at the end thereof the following new

18 section:

19 ‘‘SEC. 620A. APPLICABILITY OF DEFINITIONS.

20 ‘‘The definitions used in section 602 (as in effect on

21 the day before the date of enactment of the Individuals with

22 Disabilities Education Act Amendments of 1996) shall

23 apply to this part, except as provided in section 615A and

24 section 618.
427

•S 1578 RS

1 (b) REPEAL.—Section 620A, as added by subsection

2 (a), shall be repealed effective January 1, 1998.

3 (c) EFFECTIVE DATE.—The amendment made by sub4 section (a) shall take effect on October 1, 1997.

5 SEC. 213. CONFORMING AND TECHNICAL AMENDMENTS.

6 (a) SETTLEMENTS AND ALLOCATIONS.—Section 611

7 (20 U.S.C. 1411) is amended—

8 (1) by striking ‘‘SEC. 611. (a)’’ and all that fol9 lows through ‘‘(1) Except as’’ and inserting the

10 following:

11 ‘‘SEC. 611. (a)(1) Except as’’; and

12 (2) in subsection (a) (amended by paragraph

13 (1))—

14 (A) in paragraph (1)—

15 (i) by realigning the margins of sub16 paragraphs (A) and (B) so as to align with

17 subparagraphs (A) and (B) of subsection

18 (b)(1); and

19 (ii) by realigning the margins of

20 clauses (i) and (ii) of subparagraph (A) so

21 as to align with subclauses (I) and (II) of

22 subsection (d)(2)(A)(i); and

23 (B) by realigning the margins of paragraph

24 (2) so as to align with paragraph (3).
428

•S 1578 RS

1 (b) ADVISORY PANELS.—Section 615(h) (20 U.S.C.

2 1415(h)), as so redesignated by section 206(c)(5), is amend3 ed by striking ‘‘section 613(a)(12)’’ and inserting ‘‘section

4 612(a)(20)’’.

5 (c) PROCEDURAL SAFEGUARDS.—Section 615A, as

6 added by section 206(d)(1), is amended—

7 (1) in subsection (b)(6), by striking ‘‘615(b)(2)’’

8 and inserting ‘‘615(f)’’;

9 (2) in subsection (c)(3)(A), by striking

10 ‘‘615(b)(2)’’ and inserting ‘‘615(f)’’; and

11 (3) in subsection (d)(2)(C), by striking

12 ‘‘615(b)(2)’’ and inserting ‘‘615(f)’’.

13 (d) REFERENCES TO EVALUATION AND PROGRAM IN14 FORMATION.—

15 (1) ADMINISTRATIVE PROVISIONS.—Section 610

16 (20 U.S.C. 1409) is amended—

17 (A) in subsection (a), by striking ‘‘section

18 618 and’’;

19 (B) in subsection (d), by striking ‘‘under

20 section 618 and’’;

21 (C) by striking subsection (e); and

22 (D) in subsection (f), by striking ‘‘, as well

23 as’’ and all that follows through ‘‘under section

24 618’’.
429

•S 1578 RS

1 (2) ADMINISTRATION.—Section 617(d) (20

2 U.S.C. 1417(d)) is amended by striking ‘‘subsections

3 (b), (c) and (d) of’’.

4 (3) REGIONAL RESOURCE AND FEDERAL CEN5 TERS.—Section 621(c) (20 U.S.C. 1421(c)) is amend6 ed by striking ‘‘Each regional’’ and inserting ‘‘Except

7 as otherwise required by the Secretary, each re8 gional’’.

9 (4) SECONDARY EDUCATION AND TRANSITIONAL

10 SERVICES FOR YOUTH WITH DISABILITIES.—Section

11 626(f)(3)(D) (20 U.S.C. 1425(f)(3)(D)) is amended by

12 striking ‘‘section 618(g)’’ and inserting ‘‘section 618’’.

13 (5) GRANTS FOR PERSONNEL TRAINING.—Section

14 631(e)(11) (20 U.S.C. 1431(e)(11)) is amended in the

15 second sentence by striking ‘‘section 618(g)’’ and in16 serting ‘‘section 618’’.

17 SEC. 214. EFFECTIVE DATES.

18 (a) IN GENERAL.—Except as otherwise provided in

19 this title and in subsections (b) and (c), the amendments

20 made by this title shall take effect on January 1, 1998.

21 (b) PROCEDURAL SAFEGUARDS.—

22 (1) SECTION 615.—The amendments made by

23 subsection (c)(3)(D) (i) and (ii) of section 206 shall

24 take effect on July 1, 1997.

25 (2) SECTION 615A.—
430

•S 1578 RS

1 (A) IN GENERAL.—The amendment made

2 by section 206(d)(1) shall take effect on July 1,

3 1997.

4 (B) CHANGING SECTION 615(B)(2) REF5 ERENCES.—The amendment made by section

6 213(c) shall take effect on January 1, 1998.

7 (3) CONFORMING AMENDMENT.—

8 (A) IN GENERAL.—Section 314(a) of the

9 Improving America’s Schools Act of 1994 (20

10 U.S.C. 1415 note) is amended by striking para11 graph (2).

12 (B) EFFECTIVE DATE.—The amendment

13 made by subparagraph (A) shall take effect on

14 July 1, 1997.

15 (c) EVALUATION AND PROGRAM INFORMATION.—

16 (1) IN GENERAL.—The amendment made by sec17 tion 209 shall take effect on October 1, 1996, except

18 that section 618(a)(1)(B) of the Individuals with Dis19 abilities Education Act, as added by section 209, shall

20 not take effect until October 1, 1997.

21 (2) SECRETARY OF THE INTERIOR’S COMPLI22 ANCE.—The amendment made by section 201(d)(2)(C)

23 shall take effect on the date of enactment of this Act.
431

•S 1578 RS

1 (3) CONFORMING AMENDMENTS.—The amend2 ment made by section 213(d) shall take effect on the

3 date of enactment of this Act.

4 (d) TRANSITION RULE.—

5 (1) IN GENERAL.—Subject to paragraph (2), a

6 State that is eligible for assistance under part B (as

7 such part was in effect on the day before the date of

8 enactment of this Act) may begin carrying out the

9 provisions of part B (as amended by this title) prior

10 to January 1, 1998.

11 (2) NOTIFICATION AND APPROVAL.—A State that

12 desires to carry out any provision of part B (as

13 amended by this title) under paragraph (1) shall no14 tify the Secretary of Education of which provision of

15 such part the State desires to carry out. In accord16 ance with the procedure established by the Secretary

17 of Education, the Secretary of Education shall notify

18 the State—

19 (A) of whether the State may carry out a

20 provision of such part; and

21 (B) of any applicable procedure that the

22 State shall comply with for the purposes of car23 rying out such provision.
432

•S 1578 RS

1 TITLE III—SYSTEMS CHANGE

2 SEC. 301. SYSTEMS CHANGE.

3 Part C (20 U.S.C. 1421 et seq.) is amended to read

4 as follows:

5 ‘‘PART C—PROMOTING SYSTEMS CHANGE TO IM6 PROVE EDUCATIONAL AND TRANSITIONAL

7 SERVICES AND RESULTS FOR CHILDREN

8 WITH DISABILITIES

9 ‘‘SEC. 621. FINDINGS AND PURPOSE.

10 ‘‘(a) FINDINGS.—Congress finds the following:

11 ‘‘(1) States are responding with some success to

12 multiple pressures to improve educational and transi13 tional services and results for children with disabil14 ities in response to growing demands imposed by

15 ever-changing factors, such as demographics, social

16 policies, and labor and economic markets.

17 ‘‘(2) In order for States to address such demands

18 and to facilitate lasting systems change that is of ben19 efit to all students, including children with disabil20 ities, States must involve local educational agencies,

21 individuals with disabilities and their families, and

22 other interested individuals and organizations in

23 planning and implementation activities that affect

24 education.
433

•S 1578 RS

1 ‘‘(3) Targeted Federal financial resources are

2 needed to support planning, needs assessment, imple3 mentation, and evaluation of better ways to address

4 the needs of children with disabilities into the next

5 century.

6 ‘‘(4) State educational agencies, in partnership

7 with local educational agencies and other individuals

8 and organizations, are in the best position to identify

9 and design ways to meet emerging and expanding de10 mands to improve education for children with disabil11 ities and to address their special needs.

12 ‘‘(5) Research, demonstration, and practice over

13 the past 20 years in special education and related

14 disciplines have built a foundation of knowledge on

15 which State and local systems change activities can

16 now be based.

17 ‘‘(6) Such research, demonstration, and practice

18 in special education and related disciplines have dem19 onstrated that an effective educational system now

20 and in the future must—

21 ‘‘(A) maintain high academic standards

22 and clear performance goals for children with

23 disabilities, consistent with the standards and

24 expectations for all students in the educational

25 system, and provide for appropriate and effective
434

•S 1578 RS

1 strategies and methods to ensure that students

2 who are children with disabilities have maxi3 mum opportunities to achieve such standards

4 and goals;

5 ‘‘(B) create a system that fully addresses the

6 needs of all students, including students who are

7 children with disabilities, by linking and coordi8 nating the requirements of parts B and H with

9 other systemic reform initiatives;

10 ‘‘(C) clearly define, in measurable terms,

11 the school and postschool results that children

12 with disabilities will achieve through their par13 ticipation in general and special education

14 programs;

15 ‘‘(D) promote service integration, and the

16 coordination of State and local education, social,

17 health, and mental health supports, and other

18 interagency supports, in addressing the full

19 range of student needs, particularly the needs of

20 students who are children with disabilities and

21 have significant and multiple disabilities;

22 ‘‘(E) ensure that children with disabilities

23 are provided assistance and support in making

24 transitions as described in clauses (i) through

25 (iii) of section 614(a)(2)(B);
435

•S 1578 RS

1 ‘‘(F) promote comprehensive programs of

2 professional development to ensure that the per3 sons responsible for the education or such a tran4 sition of children with disabilities possess the

5 skills and knowledge necessary to address the

6 educational and related needs of the children;

7 ‘‘(G) create school-based disciplinary strate8 gies that will be used to reduce or eliminate the

9 need to use suspension and expulsion as discipli10 nary options for children with disabilities;

11 ‘‘(H) establish placement-neutral funding

12 formulas and cost-effective strategies for serving

13 children with disabilities in special education

14 and general education; and

15 ‘‘(I) involve individuals with disabilities

16 and parents of children with disabilities in plan17 ning, implementing, and evaluating educational

18 system innovations and reforms.

19 ‘‘(b) PURPOSE.—The purpose of this part is to assist

20 and provide incentives to State educational agencies, work21 ing in partnership with local educational agencies, and

22 other interested individuals, agencies, and organizations,

23 described in section 623(a), to carry out systems change ac24 tivities that will improve policies, procedures, and prac25 tices, and training, and the use of personnel, parents, and
436

•S 1578 RS

1 school-age peers of children with disabilities that will con2 tribute to improved early intervention, educational and

3 transitional services and results for children with disabil4 ities in demonstrable and measurable ways.

5 ‘‘SEC. 622. GRANTS TO STATE EDUCATIONAL AGENCIES.

6 ‘‘(a) GRANT AWARD.—

7 ‘‘(1) IN GENERAL.—The Secretary shall award

8 grants, on a competitive basis, to State educational

9 agencies, working in partnership with local edu10 cational agencies and other individuals and organiza11 tions described in section 623(a), to support systems

12 change activities that benefit, in demonstrable and

13 measurable ways, children with disabilities.

14 ‘‘(2) ACTIVITIES BENEFITING MULTIPLE

15 STATES.—To pursue systems change activities that

16 benefit children with disabilities and their families in

17 more than 1 State, recipients of such grants may col18 laborate in carrying out projects under this part

19 through such activities as joint arrangements with 1

20 or more institutions of higher education, sharing of

21 project staff, and joint use of consultants.

22 ‘‘(b) TYPES OF GRANTS.—

23 ‘‘(1) IN GENERAL.—In awarding grants under

24 subsection (a), the Secretary may award either a

25 planning grant or an implementation grant to a
437

•S 1578 RS

1 State educational agency applying for funds under

2 this part that forms a partnership described in sec3 tion 623(a) that applies for funds under this part.

4 ‘‘(2) PLANNING GRANTS.—

5 ‘‘(A) APPLICATION.—An applicant may

6 apply under section 623(b) for a planning grant

7 to develop systems change activities.

8 ‘‘(B) DURATION.—A planning grant re9 ferred to in paragraph (1) shall be awarded for

10 a period of 1 year.

11 ‘‘(C) RENEWAL OF 1-YEAR GRANTS.—A

12 grant that has been awarded for a 1-year period

13 in accordance with subparagraph (B) may be re14 newed for an additional 1-year period.

15 ‘‘(3) IMPLEMENTATION GRANTS.—

16 ‘‘(A) APPLICATION.—An applicant may

17 apply under section 623(c) for an implementa18 tion grant to carry out systems change activities.

19 ‘‘(B) DURATION.—An implementation grant

20 referred to in paragraph (1) shall be awarded for

21 a period of not to exceed 5 years.

22 ‘‘(c) AMOUNT OF AWARDS.—

23 ‘‘(1) CONSIDERATIONS.—In determining the

24 amount of any award under this part for a State

25 educational agency, the Secretary may consider such
438

•S 1578 RS

1 factors as the Secretary finds appropriate, which may

2 include the size of the school-age population of the

3 State in which the State educational agency is

4 located.

5 ‘‘(2) LIMITATION AMOUNT.—Notwithstanding

6 paragraph (1) and except as provided in subsection

7 (d)(2) and section 624—

8 ‘‘(A) the annual amount of each planning

9 grant referred to in subsection (b)(1) shall not

10 exceed—

11 ‘‘(i) $100,000 for any State edu12 cational agency in a State; or

13 ‘‘(ii) $10,000 for any State educational

14 agency in an outlying area; and

15 ‘‘(B) the annual amount of each implemen16 tation grant referred to in subsection (b)(1) shall

17 be not less than—

18 ‘‘(i) $450,000 for any State edu19 cational agency in a State; or

20 ‘‘(ii) $40,000 for any State educational

21 agency in an outlying area.

22 ‘‘(d) LIMITATIONS AND EXCEPTIONS.—

23 ‘‘(1) LIMITATION.—Except as provided in para24 graph (2), no State educational agency may receive
439

•S 1578 RS

1 more than 1 award under this part for any fiscal

2 year.

3 ‘‘(2) EXCEPTIONS.—In addition to applying for

4 an individual implementation grant, State edu5 cational agencies may submit a joint application

6 under section 623 for an implementation grant re7 ferred to in subsection (b)(1) with other State edu8 cational agencies to address systemic problems on a

9 regional or national basis. Any State educational

10 agency that is involved in the joint submission of an

11 application under this paragraph shall, prior to mak12 ing an application under section 623, form within the

13 State in which the State educational agency is located

14 a partnership as described in section 623(a). In deter15 mining the amount of any award for such a grant,

16 the Secretary may set aside the monetary limitations

17 described in subsection (c).

18 ‘‘SEC. 623. APPLICATION.

19 ‘‘(a) IN GENERAL.—In order to be considered for a

20 planning grant or an implementation grant under this

21 part, a State educational agency shall establish a partner22 ship among members (referred to in this part as the ‘part23 nership’) consisting of local educational agencies, and other

24 individuals and organizations involved in, or concerned
440

•S 1578 RS

1 with, the education of children with disabilities,

2 including—

3 ‘‘(1) parents of children with disabilities;

4 ‘‘(2) individuals with disabilities;

5 ‘‘(3) teachers and related services providers;

6 ‘‘(4) representatives of institutions of higher

7 education;

8 ‘‘(5) representatives of other State agencies in9 volved in the financing or delivery of special edu10 cation and related services to children with disabil11 ities and early intervention services to infants and

12 toddlers with disabilities;

13 ‘‘(6) representatives of vocational, community,

14 postsecondary, and business organizations concerned

15 with the provision of transitional services to children

16 with disabilities; and

17 ‘‘(7) other individuals as deemed appropriate by

18 the State educational agency.

19 ‘‘(b) PLANNING GRANTS.—In order to be considered for

20 a planning grant under this part, a State educational agen21 cy, in partnership with the local educational agencies, and

22 other individuals, and organizations described in subsection

23 (a), shall prepare and submit an application to the Sec24 retary that—
441

•S 1578 RS

1 ‘‘(1) describes the planning activities for which

2 assistance is sought;

3 ‘‘(2) describes proposed changes in practices, pro4 cedures, policies, training, or uses of personnel;

5 ‘‘(3) describes a partnership agreement that—

6 ‘‘(A) specifies the nature and extent of the

7 partnership, and the respective roles of each

8 member of the partnership; and

9 ‘‘(B) shall be in effect for the period of the

10 grant; and

11 ‘‘(4) includes such other information and assur12 ances as the Secretary may reasonably require.

13 ‘‘(c) IMPLEMENTATION GRANTS.—In order to be con14 sidered for an implementation grant under this part, a

15 State educational agency, in partnership with local edu16 cational agencies, and other individuals and organizations

17 described in subsection (a), shall prepare and submit an

18 application to the Secretary that—

19 ‘‘(1) describes the critical aspects of practices,

20 procedures, policies, and organizational structures

21 that will be changed in order to improve educational

22 and transitional results for children with disabilities,

23 based on syntheses and analysis of available informa24 tion, such as—
442

•S 1578 RS

1 ‘‘(A) information on the performance of

2 children with disabilities on State assessments

3 and other performance indicators established for

4 all children, such as dropout rates and gradua5 tion rates;

6 ‘‘(B) information on State and local needs

7 for professional development for personnel to

8 serve children with disabilities; and

9 ‘‘(C) information provided to the State edu10 cational agency by the Secretary;

11 ‘‘(2) identifies the goals and objectives for the

12 systems change activities to be carried out under the

13 grant and how the goals and objectives relate to the

14 goals established by the State under section

15 612(a)(16) (as amended by section 202 of the Individ16 uals with Disabilities Education Act Amendments of

17 1996);

18 ‘‘(3) describes how grant funds will be used in

19 undertaking the systems change activities, and the

20 amount and nature of funds from other sources that

21 will be committed to the systems change activities;

22 ‘‘(4) describes the performance indicators that

23 will be adopted or used to measure progress made to24 ward the goals of the systems change activities and to-
443

•S 1578 RS

1 ward improved educational and transitional results

2 for children with disabilities;

3 ‘‘(5) describes the approach that will be taken, on

4 an annual basis, to disseminate information on the

5 progress measured under paragraph (4) to interested

6 members of the State partnership and to the

7 Secretary;

8 ‘‘(6) describes a partnership agreement specified

9 in subsection (b)(3); and

10 ‘‘(7) includes such other information and assur11 ances as the Secretary may reasonably require.

12 ‘‘(d) ADEQUATE PROGRESS.—The Secretary may ter13 minate a grant to a State educational agency under this

14 part, or require amendments to an approved application

15 of a State educational agency, if the Secretary determines

16 that the State educational agency is not making adequate

17 progress toward the goals of the systems change activities

18 of the State educational agency under this part.

19 ‘‘SEC. 624. INCENTIVES.

20 ‘‘Notwithstanding section 622(c)(2), the Secretary may

21 provide additional funds for systems change activities, if

22 the Secretary approved an application under this part re23 lating to the activities and—

24 ‘‘(1) the application, in addition to meeting the

25 minimal application requirements, includes evidence
444

•S 1578 RS

1 of a significant and substantial level of collaboration

2 among agencies, organizations, and individuals who

3 have an interest in the quality of educational services

4 and opportunities for children with disabilities;

5 ‘‘(2) the activities described in the application

6 are connected with prereferral programs and other

7 programs designed to prevent the educational failure

8 of children (particularly children who are members of

9 unserved, underserved, or inappropriately identified

10 populations and who are from minority backgrounds

11 and from geographic areas with significant need) so

12 that the children experience a high level of success in

13 their educational experience; and

14 ‘‘(3) the application demonstrates, in addition to

15 meeting the minimal application requirements, an

16 ongoing effort to assess and address the needs of chil17 dren with disabilities and ensure the full participa18 tion of such children in statewide or districtwide gen19 eral education systems change activities.

20 ‘‘SEC. 625. AUTHORIZATION OF APPROPRIATIONS.

21 ‘‘For the purpose of carrying out this part, there are

22 authorized to be appropriated $30,000,000 for fiscal year

23 1998 and such sums as may be necessary for each of fiscal

24 years 1999 through 2002.’’.
445

•S 1578 RS

1 SEC. 302. REAUTHORIZATION FOR FISCAL YEAR 1997 OF

2 AUTHORITIES RELATING TO CENTERS AND

3 SERVICES TO MEET SPECIAL NEEDS OF INDI4 VIDUALS WITH DISABILITIES.

5 (a) REGIONAL CENTERS FOR THE DEAF.—Section

6 625(a)(6) (20 U.S.C. 1424a(a)(6)) is amended—

7 (1) in the second sentence, by striking ‘‘1994’’

8 and inserting ‘‘1997’’; and

9 (2) by striking the third sentence.

10 (b) AUTHORIZATION OF APPROPRIATIONS.—Each of

11 subsections (a) through (h) of section 628 of such Act (20

12 U.S.C. 1427) is amended by striking ‘‘fiscal year 1994’’ and

13 inserting ‘‘each of fiscal years 1994 through 1997’’.

14 SEC. 303. EFFECTIVE DATE.

15 The amendments made by this title, other than the

16 amendments made by section 302, shall take effect on Octo17 ber 1, 1997.

18 TITLE IV—RESEARCH AND

19 PERSONNEL PREPARATION

20 SEC. 401. IMPROVING EARLY INTERVENTION, EDU21 CATIONAL, AND TRANSITIONAL SERVICES

22 AND RESULTS FOR CHILDREN WITH DISABIL23 ITIES THROUGH COORDINATED RESEARCH

24 AND PERSONNEL PREPARATION.

25 Part D (20 U.S.C. 1431 et seq.) is amended to read

26 as follows:
446

•S 1578 RS

1 ‘‘PART D—IMPROVING EARLY INTERVENTION,

2 EDUCATIONAL, AND TRANSITIONAL SERV3 ICES AND RESULTS FOR CHILDREN WITH

4 DISABILITIES THROUGH COORDINATED RE5 SEARCH AND PERSONNEL PREPARATION

6 ‘‘SEC. 631. FINDINGS AND PURPOSE.

7 ‘‘(a) FINDINGS.—Congress finds the following:

8 ‘‘(1) The Federal Government has an ongoing ob9 ligation to support programs, projects, and activities

10 that contribute to positive results for children with

11 disabilities, enabling the children—

12 ‘‘(A) to meet their early intervention, edu13 cational, and transitional goals and, to the max14 imum extent possible, educational standards that

15 have been established for all children; and

16 ‘‘(B) to acquire the skills that will empower

17 the children with disabilities to lead productive

18 and independent adult lives.

19 ‘‘(2)(A) As a result of more than 20 years of

20 Federal support for research, demonstration projects,

21 and personnel preparation, there is an important

22 knowledge base for improving results for children with

23 disabilities.

24 ‘‘(B) Such knowledge should be used by States

25 and local educational agencies to design and imple26 ment state-of-the-art educational systems that con-
447

•S 1578 RS

1 sider the needs of, and include, children with disabil2 ities, especially in environments in which the children

3 can learn along with their peers and achieve results

4 measured by the same standards as the results of their

5 peers.

6 ‘‘(3)(A) Continued Federal support is essential

7 for the development and maintenance of a coordinated

8 and high-quality program of research, demonstration

9 projects, dissemination of information, and personnel

10 preparation.

11 ‘‘(B) Such support—

12 ‘‘(i) enables State educational agencies

13 and local educational agencies to improve

14 their educational systems and results for

15 children with disabilities;

16 ‘‘(ii) enables State and local agencies

17 to improve early intervention services and

18 results for infants and toddlers with disabil19 ities and their families; and

20 ‘‘(iii) enhances the opportunities for

21 general and special education personnel, re22 lated services personnel, parents, and para23 professionals to participate in preservice

24 and inservice training, to collaborate, and
448

•S 1578 RS

1 to improve results for children with disabil2 ities and their families.

3 ‘‘(4) The Federal Government plays a critical

4 role in facilitating the availability of an adequate

5 number of highly qualified personnel—

6 ‘‘(A) to serve effectively the over 5,000,000

7 children with disabilities;

8 ‘‘(B) to assume leadership positions in ad9 ministrative and direct service capacities related

10 to teacher training and research concerning the

11 provision of early intervention services, special

12 education, and related services; and

13 ‘‘(C) to work with children with low-inci14 dence disabilities and their families.

15 ‘‘(5) The Federal Government performs the role

16 described in paragraph (4)—

17 ‘‘(A) by supporting models of personnel de18 velopment that reflect successful practice, includ19 ing strategies for recruiting, preparing, and re20 taining personnel;

21 ‘‘(B) by promoting the coordination and in22 tegration of—

23 ‘‘(i) personnel development activities

24 for teachers of children with disabilities;

25 and
449

•S 1578 RS

1 ‘‘(ii) other personnel development ac2 tivities supported under Federal law, in3 cluding this part;

4 ‘‘(C) by supporting the development and

5 dissemination of information about teaching

6 standards; and

7 ‘‘(D) by promoting the coordination and in8 tegration of personnel development activities

9 through linkage with systems change activities

10 within States and nationally.

11 ‘‘(b) PURPOSE.—The purpose of this part is to provide

12 Federal funding for coordinated research, demonstration

13 projects, outreach, and personnel preparation activities

14 that—

15 ‘‘(1) are described in section 633 or 634;

16 ‘‘(2) are linked with, and positively affect, sys17 tems change outcomes; and

18 ‘‘(3) improve early intervention, educational,

19 and transitional results for children with disabilities.

20 ‘‘SEC. 632. DEFINITION.

21 ‘‘As used in this part:

22 ‘‘(1) DEVELOPMENTAL DELAY.—The term ‘devel23 opmental delay’ has the meaning given such term by

24 a State under section 676(b)(1).
450

•S 1578 RS

1 ‘‘(2) EARLY INTERVENTION SERVICES.—The term

2 ‘early intervention services’ has the meaning given the

3 term in section 672.

4 ‘‘SEC. 633. RESEARCH AND INNOVATION TO IMPROVE SERV5 ICES AND RESULTS FOR CHILDREN WITH DIS6 ABILITIES.

7 ‘‘(a) IN GENERAL.—The Secretary may competitively

8 make grants to, or enter into contracts or cooperative agree9 ments with, eligible entities to produce and advance the use

10 of knowledge to—

11 ‘‘(1)(A) improve services provided under this

12 Act, including the practices of professionals and oth13 ers involved in providing such services to children

14 with disabilities; and

15 ‘‘(B) improve early intervention, educational,

16 and transitional services and results, for children

17 with disabilities;

18 ‘‘(2) address the special needs of infants and tod19 dlers with disabilities, including such infants and

20 toddlers who are at risk of having substantial devel21 opmental delays if early intervention services are not

22 provided;

23 ‘‘(3) address the specific problems of overidenti24 fication and underidentification of children with dis-
451

•S 1578 RS

1 abilities to the same extent as other problems facing

2 children with disabilities;

3 ‘‘(4) prevent children with emotional and behav4 ioral problems from developing emotional disturb5 ances that require the provision of special education

6 and related services; and

7 ‘‘(5) improve secondary and postsecondary edu8 cation and educational results for children with dis9 abilities.

10 ‘‘(b) NEW KNOWLEDGE PRODUCTION; AUTHORIZED

11 ACTIVITIES.—In carrying out this section, the Secretary

12 may support any activities that are consistent with the ob13 jectives described in subsection (a), including activities

14 that—

15 ‘‘(1) expand understanding of the relationships

16 between learning characteristics of children with dis17 abilities and the diverse ethnic, cultural, linguistic,

18 social, and economic backgrounds of children with

19 disabilities and their families;

20 ‘‘(2) develop or identify innovative, effective, and

21 efficient curricula designs, instructional approaches,

22 and strategies, and develop or identify positive aca23 demic and social learning opportunities, that—

24 ‘‘(A) enable children with disabilities to

25 make effective transitions described in section
452

•S 1578 RS

1 643(d)(2)(E) or transitions between educational

2 settings; and

3 ‘‘(B) improve educational and transitional

4 results for children with disabilities at all levels

5 of the educational system in which the activities

6 are carried out and, in particular, that improve

7 the progress of the children, as measured by per8 formance expectations within the general edu9 cation curriculum involved;

10 ‘‘(3) advance the design of assessment tools and

11 procedures that will accurately and efficiently deter12 mine the special instructional, learning, and behav13 ioral needs of children with disabilities, especially

14 within the context of general education;

15 ‘‘(4) study and promote improved alignment and

16 compatibility of general and special education re17 forms concerned with curricular and instructional re18 form, evaluation and accountability of such reforms,

19 and administrative procedures;

20 ‘‘(5) advance the design, development, and inte21 gration of technology, assistive technology devices,

22 media, and materials, to improve early intervention,

23 educational, and transitional services and results, for

24 children with disabilities; and
453

•S 1578 RS

1 ‘‘(6) improve designs, processes, and results, of

2 personnel preparation for personnel who provide serv3 ices to children with disabilities through the acquisi4 tion of information on, and implementation of, re5 search-based practices.

6 ‘‘(c) INTEGRATION OF RESEARCH AND PRACTICE; AU7 THORIZED ACTIVITIES.—In carrying out this section, the

8 Secretary may support any activities that are consistent

9 with the objectives described in subsection (a), including ac10 tivities that—

11 ‘‘(1) demonstrate and apply research-based find12 ings to facilitate systemic changes in policy, proce13 dure, practice, and the training and use of personnel,

14 related to the provision of services to children with

15 disabilities;

16 ‘‘(2) promote and demonstrate the coordination

17 of early intervention and educational services for chil18 dren with disabilities with services provided by

19 health, rehabilitation, and social service agencies;

20 ‘‘(3) identify solutions that overcome systemic

21 barriers to the effective and efficient delivery of early

22 intervention, educational, and transitional services to

23 children with disabilities;

24 ‘‘(4) enable professionals, parents of children

25 with disabilities, and other persons to learn about
454

•S 1578 RS

1 and implement the findings of research, and success2 ful practices developed in model demonstration

3 projects, relating to the provision of services to chil4 dren with disabilities; and

5 ‘‘(5) conduct outreach, and disseminate informa6 tion, relating to successful approaches to overcoming

7 systemic barriers to the effective and efficient delivery

8 of early intervention, educational, and transitional

9 services to personnel who provide services to children

10 with disabilities.

11 ‘‘(d) IMPROVING THE USE OF PROFESSIONAL KNOWL12 EDGE; AUTHORIZED ACTIVITIES.—In carrying out this sec13 tion, the Secretary may support any activities that are con14 sistent with the objectives described in subsection (a), in15 cluding activities that—

16 ‘‘(1) synthesize professional knowledge bases that

17 utilize rigorous methodologies and that relate to the

18 provision of services to children with disabilities;

19 ‘‘(2) analyze such professional knowledge bases to

20 advance an understanding of the relationships, and

21 the effectiveness of practices, relating to the provision

22 of services to children with disabilities; and

23 ‘‘(3) present such professional knowledge bases in

24 a clear and meaningful manner to affected persons at
455

•S 1578 RS

1 all levels of the service systems that serve children

2 with disabilities and their families.

3 ‘‘(e) APPLICATIONS.—Any eligible entity that wishes

4 to receive a grant, or enter into a contract or cooperative

5 agreement, under this section shall submit an application

6 to the Secretary at such time, in such a manner, and con7 taining such information as the Secretary may require.

8 ‘‘(f) AUTHORIZATION OF APPROPRIATIONS.—There are

9 authorized to be appropriated to carry out this section

10 $63,000,000 for fiscal year 1998, and such sums as may

11 be necessary for each of fiscal years 1999 through 2002.

12 ‘‘SEC. 634. PERSONNEL PREPARATION TO IMPROVE SERV13 ICES AND RESULTS FOR CHILDREN WITH DIS14 ABILITIES.

15 ‘‘(a) IN GENERAL.—

16 ‘‘(1) SUPPORT.—The Secretary may competi17 tively make grants to, or enter into contracts or coop18 erative agreements with, eligible entities and consor19 tia of eligible entities, to help address State-identified

20 needs for qualified personnel and to ensure that the

21 personnel have the skills and knowledge reflecting suc22 cessful practices determined through research and

23 practice that are needed to serve children with dis24 abilities.
456

•S 1578 RS

1 ‘‘(2) PROJECTS.—In carrying out this section,

2 the Secretary may support—

3 ‘‘(A) projects that address the need for per4 sonnel to serve children with high-incidence dis5 abilities or children with low-incidence disabil6 ities;

7 ‘‘(B) projects that address the need for lead8 ership personnel;

9 ‘‘(C) special projects that have broad appli10 cability in addressing the personnel needs de11 scribed in paragraph (1); and

12 ‘‘(D) projects that improve the skills of per13 sonnel who serve children with disabilities who

14 engage in or are likely to engage in behavior sub15 ject to disciplinary action.

16 ‘‘(b) HIGH-INCIDENCE DISABILITIES; AUTHORIZED

17 ACTIVITIES.—In carrying out this section, the Secretary

18 may support any activities for children with high-incidence

19 disabilities that are consistent with the objectives described

20 in subsection (a), including activities that—

21 ‘‘(1) provide teachers, and related services per22 sonnel, from various disciplines with interdiscipli23 nary training and training regarding innovative in24 structional methods for children with disabilities, es25 pecially methods that meet the diverse needs of indi-
457

•S 1578 RS

1 vidual children with disabilities and enable the chil2 dren to be successful, as measured by performance ex3 pectations within the general education curriculum

4 involved;

5 ‘‘(2) prepare personnel in the use of strategies,

6 techniques, methods, and practices that meet the

7 needs, for early intervention, educational, and transi8 tional services, of children with disabilities who are

9 members of unserved, underserved, or inappropriately

10 identified populations;

11 ‘‘(3) develop career-ladder opportunities for

12 paraprofessionals to receive training as special edu13 cation teachers and related services personnel, includ14 ing interdisciplinary training to enable the teachers

15 and personnel to improve early intervention, edu16 cational, and transitional results for children with

17 disabilities;

18 ‘‘(4) enhance the ability of trainees, teachers, and

19 others to acquire and use strategies, including behav20 ior management plans, to address the conduct of chil21 dren with disabilities that impedes learning by such

22 children and learning by other students in the class23 room involved;

24 ‘‘(5) recruit and retain new, highly qualified

25 teachers and related services personnel, especially
458

•S 1578 RS

1 from groups that are unserved and underserved popu2 lations in the teaching profession and from individ3 uals from rural or urban settings, to provide services

4 to children with disabilities;

5 ‘‘(6) enhance the preparation of individuals who

6 are teachers, early intervention services personnel, re7 lated services personnel, or paraprofessionals, by pro8 viding such individuals with interdisciplinary train9 ing to develop the collaborative skills needed to appro10 priately teach children with disabilities, particularly

11 in accordance with a general education curriculum;

12 and

13 ‘‘(7) support universities, and institutions of

14 higher education, with minority enrollments of at

15 least 25 percent for the purpose of preparing person16 nel to work with children with disabilities who are

17 members of unserved, underserved, or inappropriately

18 identified populations.

19 ‘‘(c) LEADERSHIP PREPARATION; AUTHORIZED AC20 TIVITIES.—In carrying out this section the Secretary may

21 support any leadership preparation activities that are con22 sistent with the objectives described in subsection (a), in23 cluding activities that—

24 ‘‘(1) prepare personnel at the advanced graduate,

25 doctoral, and postdoctoral levels of training to admin-
459

•S 1578 RS

1 ister, enhance, or provide services for children with

2 disabilities, with emphasis on preparation of person3 nel who are involved with, or will be involved with,

4 efforts to address the needs of children with disabil5 ities who are members of unserved, underserved, or

6 inappropriately identified populations, children with

7 low-incidence disabilities, and children from rural or

8 urban areas;

9 ‘‘(2) provide interdisciplinary training for per10 sonnel from various disciplines, including teacher

11 preparation faculty, administrators, researchers, su12 pervisors, and other persons, affecting the early inter13 vention, educational, and transitional services of chil14 dren with disabilities;

15 ‘‘(3) prepare professionals at the doctoral and

16 postdoctoral levels at institutions of higher education

17 that are working toward integrating professional de18 velopment of general education, special education,

19 and other disciplines; and

20 ‘‘(4) prepare professionals at the doctoral and

21 postdoctoral levels at institutions of higher education

22 that are successfully recruiting and preparing—

23 ‘‘(A) individuals with disabilities; and
460

•S 1578 RS

1 ‘‘(B) individuals from groups that are

2 underrepresented in education leadership posi3 tions.

4 ‘‘(d) LOW-INCIDENCE DISABILITIES; AUTHORIZED AC5 TIVITIES.—In carrying out this section, the Secretary may

6 support any activities for children with low-incidence dis7 abilities that are consistent with the objectives described in

8 subsection (a), including—

9 ‘‘(1) preparing persons who—

10 ‘‘(A) have prior training in educational

11 and other related service fields; and

12 ‘‘(B) are studying to obtain certificates or

13 licensure that will enable the persons to assist

14 children with disabilities to achieve the objectives

15 set out in their individualized education pro16 grams described in section 614 or to assist in17 fants and toddlers with disabilities to achieve the

18 outcomes described in their individualized fam19 ily service plans described in section 677;

20 ‘‘(2) providing personnel from various dis21 ciplines with interdisciplinary training that will con22 tribute to improvement in early intervention, edu23 cational, and transitional results for children with

24 disabilities;
461

•S 1578 RS

1 ‘‘(3) preparing personnel in the innovative uses

2 and application of technology to enhance through

3 early intervention, educational, and transitional serv4 ices, learning by children with disabilities;

5 ‘‘(4) preparing personnel to provide early inter6 vention services or special education services to chil7 dren with disabilities, including preparation through

8 the provision of scholarships with necessary stipends

9 and allowances; and

10 ‘‘(5) ensuring that all entities and consortia who

11 receive assistance under this section to prepare per12 sonnel to provide services to visually impaired or

13 blind children, will prepare the personnel to teach

14 and use braille in the provision of services to such

15 children.

16 ‘‘(e) PROJECTS OF NATIONAL SIGNIFICANCE; AUTHOR17 IZED ACTIVITIES.—In carrying out this section, the Sec18 retary may support any activities that are consistent with

19 the objectives described in subsection (a), including activi20 ties that—

21 ‘‘(1) develop and demonstrate effective and effi22 cient practices for preparing personnel to provide

23 services to children with disabilities, including prac24 tices that address needs identified through systems

25 change activities funded under part C;
462

•S 1578 RS

1 ‘‘(2) demonstrate the application of significant

2 knowledge derived from research and other sources in

3 the development of programs to prepare personnel to

4 provide services to children with disabilities;

5 ‘‘(3) demonstrate models for the preparation of

6 special education and general education personnel, to

7 enable the personnel—

8 ‘‘(A) to acquire the collaboration skills nec9 essary to assist children with disabilities; and

10 ‘‘(B) to achieve results that meet challenging

11 standards of performance expectations, particu12 larly performance expectations within the gen13 eral education curriculum involved;

14 ‘‘(4) demonstrate models that—

15 ‘‘(A) provide interdisciplinary training to

16 individuals within collaborative teams of special

17 education and general education personnel, relat18 ed services personnel, and family members of

19 children with disabilities; and

20 ‘‘(B) enhance the educational experience of

21 children with disabilities;

22 ‘‘(5) demonstrate models that reduce shortages of

23 teachers, and personnel from other relevant dis24 ciplines, who serve children with disabilities through
463

•S 1578 RS

1 reciprocity arrangements, between States, that are re2 lated to licensure and certification;

3 ‘‘(6) develop, evaluate, and disseminate model

4 teaching standards for persons working with children

5 with disabilities; and

6 ‘‘(7) promote the transferability, across State

7 and local jurisdictions, of licensure and certification

8 of teachers and administrators working with such

9 children.

10 ‘‘(f) APPLICATIONS.—

11 ‘‘(1) IN GENERAL.—Any eligible entity or consor12 tium that wishes to receive a grant, or enter into a

13 contract or cooperative agreement, under this section

14 shall submit an application to the Secretary at such

15 time, in such manner, and containing such informa16 tion as the Secretary may require.

17 ‘‘(2) IDENTIFIED STATE NEEDS.—Any such ap18 plication shall include information demonstrating to

19 the satisfaction of the Secretary that the activities de20 scribed in the application will address needs identi21 fied by the State the applicant proposes to serve.

22 ‘‘(g) AUTHORIZATION OF APPROPRIATIONS.—There

23 are authorized to be appropriated $81,000,000 to carry out

24 this section for fiscal year 1998, and such sums as may

25 be necessary for each of fiscal years 1999 through 2002.’’.
464

•S 1578 RS

1 SEC. 402. CONFORMING AMENDMENTS.

2 (a) HIGHER EDUCATION ACT OF 1965.—

3 (1) Section 409A(2) of the Higher Education Act

4 of 1965 (20 U.S.C. 1070a–51(2)) is amended by strik5 ing ‘‘refer students with disabilities and their families

6 to the postsecondary clearinghouse that is authorized

7 under section 633(c) of the Individuals with Disabil8 ities Education Act’’ and inserting ‘‘refer students

9 with disabilities and their families to the activities

10 addressing information preparation and dissemina11 tion needs relating to postsecondary services that are

12 authorized under section 644(e)(4) of the Individuals

13 with Disabilities Education Act’’.

14 (2) The third sentence of section 483(d) of the

15 Higher Education Act of 1965 (20 U.S.C. 1090(d)) is

16 amended by striking ‘‘refer such students to the na17 tional clearinghouse on postsecondary education that

18 is authorized under section 633(c) of the Individuals

19 with Disabilities Education Act’’ and inserting ‘‘refer

20 such students to the activities addressing information

21 preparation and dissemination needs relating to post22 secondary services that are authorized under section

23 644(e)(4) of the Individuals with Disabilities Edu24 cation Act’’.

25 (b) GOALS 2000: EDUCATE AMERICA ACT.—Section

26 402(a)(2)(H) of the Goals 2000: Educate America Act (20
465

•S 1578 RS

1 U.S.C. 5912(a)(2)(H)) is amended by striking clause (ii)

2 and inserting the following:

3 ‘‘(ii) parent training and information

4 centers and community parent training and

5 information programs authorized under

6 subsections (b) and (c), respectively, of sec7 tion 643 of the Individuals with Disabilities

8 Education Act;’’.

9 (c) REHABILITATION ACT OF 1973.—

10 (1) Section 105(b)(1)(A)(ii) of the Rehabilitation

11 Act of 1973 (29 U.S.C. 725(b)(1)(A)(ii)) is amended

12 by striking ‘‘a parent training and information cen13 ter established pursuant to section 631(e)(1) of the In14 dividuals with Disabilities Education Act (20 U.S.C.

15 1431(e)(1))’’ and inserting ‘‘a parent training and

16 information center or community parent training

17 and information program authorized under subsection

18 (b) or (c), respectively, of section 643 of the Individ19 uals with Disabilities Education Act’’.

20 (2) Paragraphs (4)(A)(i) and (6) of section

21 803(c) of the Rehabilitation Act of 1973 (29 U.S.C.

22 797b(c)) are amended by striking ‘‘parent training

23 and information centers established under section 631

24 of the Individuals with Disabilities Education Act

25 (20 U.S.C. 1431)’’ and inserting ‘‘parent training
466

•S 1578 RS

1 and information centers and community parent

2 training and information programs authorized under

3 subsections (b) and (c), respectively, of section 643 of

4 the Individuals with Disabilities Education Act’’.

5 SEC. 403. REAUTHORIZATION FOR FISCAL YEAR 1997 OF AU6 THORITIES RELATING TO TRAINING PERSON7 NEL FOR THE EDUCATION OF INDIVIDUALS

8 WITH DISABILITIES.

9 (a) AUTHORIZATION OF APPROPRIATIONS.—Each of

10 paragraphs (1) through (4) of section 635(a) (20 U.S.C.

11 1435(a)) is amended by striking ‘‘fiscal year 1994’’ and in12 serting ‘‘each of fiscal years 1994 through 1997’’.

13 (b) CONFORMING AMENDMENTS.—Each of paragraphs

14 (1) and (3) of section 635(a) (20 U.S.C. 1435(a)) is amend15 ed by striking ‘‘631(d)’’ and inserting ‘‘631(e)’’.

16 SEC. 404. EFFECTIVE DATE.

17 The amendments made by this title, other than the

18 amendments made by section 403, shall take effect on Octo19 ber 1, 1997.
467

•S 1578 RS

1 TITLE V—TECHNICAL ASSIST2 ANCE, SUPPORT, AND DIS3 SEMINATION OF INFORMA4 TION

5 SEC. 501. IMPROVING EARLY INTERVENTION, EDU6 CATIONAL, AND TRANSITIONAL SERVICES

7 AND RESULTS FOR CHILDREN WITH DISABIL8 ITIES THROUGH COORDINATED TECHNICAL

9 ASSISTANCE, SUPPORT, AND DISSEMINATION

10 OF INFORMATION.

11 The Act (29 U.S.C. 1400 et seq.) is amended—

12 (1) by striking parts E, F, and G; and

13 (2) by inserting the following:

14 ‘‘PART E—IMPROVING EARLY INTERVENTION,

15 EDUCATIONAL, AND TRANSITIONAL SERV16 ICES AND RESULTS FOR CHILDREN WITH

17 DISABILITIES THROUGH COORDINATED

18 TECHNICAL ASSISTANCE, SUPPORT, AND DIS19 SEMINATION OF INFORMATION

20 ‘‘SEC. 641. FINDINGS AND PURPOSES.

21 ‘‘(a) IN GENERAL.—Congress finds that—

22 ‘‘(1) national technical assistance, support, and

23 dissemination activities are necessary to ensure that

24 the provisions of parts B and H are fully imple25 mented and achieve early intervention, educational,
468

•S 1578 RS

1 and transitional results for children with disabilities

2 and their families;

3 ‘‘(2) parents, teachers, administrators, and relat4 ed services personnel need technical assistance and in5 formation in a timely, coordinated, and accessible

6 manner in order to improve early intervention, edu7 cational, and transitional services and results, at the

8 State and local levels for children with disabilities

9 and their families;

10 ‘‘(3) parent training and information activities

11 have taken on increased importance in efforts to as12 sist parents of a child with a disability in dealing

13 with the multiple pressures of rearing such a child

14 and are of particular importance in—

15 ‘‘(A)(i) ensuring the involvement of such

16 parents in planning and decisionmaking with

17 respect to early intervention, educational, and

18 transitional services; and

19 ‘‘(ii) achieving early intervention, edu20 cational, and transitional results for children

21 with disabilities;

22 ‘‘(B) providing such parents information on

23 their rights and protections under this Act to en24 sure improved early intervention, educational,
469

•S 1578 RS

1 and transitional results for children with dis2 abilities;

3 ‘‘(C) assisting such parents in the develop4 ment of skills to participate effectively in the

5 education and development of their children and

6 in the transitions described in section

7 643(d)(2)(E); and

8 ‘‘(D) supporting the roles of such parents as

9 participants within partnerships seeking to im10 prove early intervention, educational, and tran11 sitional services and results, for children with

12 disabilities and their families;

13 ‘‘(4) providers of parent training and informa14 tion activities need to ensure that such parents who

15 have limited access to services and supports, due to

16 economic, cultural, or linguistic barriers, are pro17 vided with access to appropriate parent training and

18 information activities;

19 ‘‘(5) parents of children with disabilities need

20 information that helps the parents to understand the

21 rights and responsibilities of their children under

22 part B;

23 ‘‘(6) the provision of coordinated technical assist24 ance and dissemination of information to State and

25 local agencies, institutions of higher education, and
470

•S 1578 RS

1 other providers of services to children with disabilities

2 are essential in—

3 ‘‘(A) supporting the process of achieving

4 systems change outcomes;

5 ‘‘(B) supporting actions in areas of priority

6 specific to the improvement of early intervention,

7 educational, and transitional results for children

8 with disabilities;

9 ‘‘(C) conveying information and assistance

10 that are—

11 ‘‘(i) based on current research (as of

12 the date the information and assistance are

13 conveyed);

14 ‘‘(ii) accessible and meaningful for use

15 in supporting systems change activities of

16 State and local partnerships; and

17 ‘‘(iii) linked directly to improving

18 early intervention, educational, and transi19 tional services and results, for children with

20 disabilities and their families; and

21 ‘‘(D) organizing systems and information

22 networks for such information, based on modern

23 technology related to—

24 ‘‘(i) storing and gaining access to in25 formation; and
471

•S 1578 RS

1 ‘‘(ii) distributing information in a sys2 tematic manner to parents, students, profes3 sionals, and policymakers;

4 ‘‘(7) Federal support for carrying out technology

5 research, technology development, and educational

6 media services and activities has resulted in major

7 innovations that have significantly improved early

8 intervention, educational, and transitional services

9 and results, for children with disabilities and their

10 families; and

11 ‘‘(8) such Federal support is needed to—

12 ‘‘(A) stimulate the development of software,

13 interactive learning tools, and devices to address

14 early intervention, educational, and transitional

15 results for children with disabilities who have

16 certain disabilities;

17 ‘‘(B) make information available on tech18 nology research, technology development, and

19 educational media services and activities to indi20 viduals involved in the provision of early inter21 vention, educational, and transitional services to

22 children with disabilities;

23 ‘‘(C) promote the integration of technology

24 into curricula to improve early intervention,
472

•S 1578 RS

1 educational, and transitional results for children

2 with disabilities;

3 ‘‘(D) provide incentives for the development

4 of technology and media devices and tools that

5 are not readily found or available because of the

6 small size of potential markets;

7 ‘‘(E) make resources available to pay for

8 such devices and tools and educational media

9 services and activities;

10 ‘‘(F) promote the training of personnel to—

11 ‘‘(i) provide such devices, tools, serv12 ices, and activities in a competent manner;

13 and

14 ‘‘(ii) assist children with disabilities

15 and their families in using such devices,

16 tools, services, and activities; and

17 ‘‘(G) coordinate the provision of such de18 vices, tools, services, and activities—

19 ‘‘(i) among State human services pro20 grams; and

21 ‘‘(ii) between such programs and pri22 vate agencies.

23 ‘‘(b) PURPOSES.—The purposes of this part are to pro24 vide funding to ensure that—
473

•S 1578 RS

1 ‘‘(1) children with disabilities, and their parents,

2 receive training and information on their rights and

3 protections under this Act, in order to develop the

4 skills necessary to effectively participate in planning

5 and decisionmaking relating to early intervention,

6 educational, and transitional services and in systems

7 change activities;

8 ‘‘(2) parents, teachers, administrators, early

9 intervention personnel, related services personnel, and

10 transition personnel receive coordinated and acces11 sible technical assistance and information to assist

12 such persons through systems change activities and

13 other efforts, to improve early intervention, edu14 cational, and transitional services and results, for

15 children with disabilities and their families;

16 ‘‘(3) appropriate technology and media are re17 searched, developed, demonstrated, and made avail18 able in timely and accessible formats to parents,

19 teachers, and all types of personnel providing services

20 to children with disabilities to support their roles as

21 partners in the improvement and implementation of

22 early intervention, educational, and transitional serv23 ices and results, for children with disabilities and

24 their families;
474

•S 1578 RS

1 ‘‘(4) children with disabilities understand (on

2 reaching the age of majority specified under appro3 priate State law) their rights and responsibilities

4 under part B, if the State provides for the transfer of

5 parental rights under section 615(j) (as amended by

6 section 206(c)(8) of the Individuals with Disabilities

7 Education Act Amendments of 1996); and

8 ‘‘(5) the general welfare of deaf and hard-of-hear9 ing individuals is promoted by—

10 ‘‘(A) bringing to such individuals under11 standing and appreciation of the films and tele12 vision programs that play an important part in

13 the general and cultural advancement of hearing

14 individuals;

15 ‘‘(B) providing, through the films and tele16 vision programs, enriched educational and cul17 tural experiences through which deaf and hard18 of-hearing individuals can better understand the

19 realities of their environment; and

20 ‘‘(C) providing wholesome and rewarding

21 experiences that deaf and hard-of-hearing indi22 viduals may share.

23 ‘‘SEC. 642. DEFINITIONS.

24 ‘‘As used in this part:
475

•S 1578 RS

1 ‘‘(1) EARLY INTERVENTION SERVICES.—The term

2 ‘early intervention services’ has the meaning given the

3 term in section 632.

4 ‘‘(2) INDIVIDUAL WITH A DISABILITY; INDIVID5 UALS WITH DISABILITIES.—The terms ‘individual

6 with a disability’ and ‘individuals with disabilities’

7 have the meanings given the terms in section 3 of the

8 Technology-Related Assistance for Individuals With

9 Disabilities Act of 1988 (29 U.S.C. 2202).

10 ‘‘(3) PARTNERSHIP.—The term ‘partnership’

11 means a partnership described in section 623(a).

12 ‘‘SEC. 643. PARENT TRAINING AND INFORMATION.

13 ‘‘(a) IN GENERAL.—

14 ‘‘(1) GRANTS.—

15 ‘‘(A) AUTHORITY.—The Secretary may com16 petitively make grants to, or enter into contracts

17 or cooperative agreements with, private, non18 profit organizations for the purpose of providing

19 parent training and information activities for

20 parents of children with disabilities, and persons

21 who work with such parents, to enable the par22 ents and persons to participate in, and conduct

23 advocacy for, effective ways, including medi24 ation, to meet the needs of and improve early
476

•S 1578 RS

1 intervention, educational, and transitional re2 sults for children with disabilities.

3 ‘‘(B) CENTERS AND PROGRAMS.—Such ac4 tivities may be provided—

5 ‘‘(i) by an organization that operates

6 or intends, if funded, to operate a parent

7 training and information center described

8 in subsection (b); and

9 ‘‘(ii) by a parent organization that op10 erates or intends, if funded, to operate a

11 community parent training and informa12 tion program described in subsection (c)

13 that is designed specifically to build the ca14 pacity of persons who work with parents of

15 children with disabilities who are members

16 of unserved, underserved, or inappropriately

17 identified populations, to demonstrate and

18 assist in the replication of models for such

19 activities, and to provide such activities to

20 address the needs of such parents.

21 ‘‘(C) PROPOSAL.—The Secretary shall make

22 such a grant to, or enter into such a contract or

23 cooperative agreement with, an organization that

24 proposes activities that are designed to meet the

25 unique training and information needs, as deter-
477

•S 1578 RS

1 mined by needs assessment data, of parents of

2 children with disabilities who are living in the

3 area to be served under the grant, contract, or

4 cooperative agreement, particularly parents of

5 children with disabilities who are members of

6 unserved or underserved populations.

7 ‘‘(2) ELIGIBLE ORGANIZATIONS; MEMBERSHIP

8 AND GOVERNANCE.—To be eligible to apply to receive

9 a grant, or enter into a contract or cooperative agree10 ment, under this section, an organization—

11 ‘‘(A) shall be governed by a board of direc12 tors that—

13 ‘‘(i) represents a coalition, of which a

14 majority of the members are parents of chil15 dren with disabilities, particularly parents

16 of children with disabilities who are mem17 bers of unserved, underserved, or inappro18 priately identified populations; and

19 ‘‘(ii) includes—

20 ‘‘(I) professionals in fields related

21 to the provision of early intervention

22 services, special education, and related

23 services; and

24 ‘‘(II) individuals with disabilities;

25 or
478

•S 1578 RS

1 ‘‘(B) shall have a membership that rep2 resents the interests of individuals with disabil3 ities, and shall establish a special governing

4 committee—

5 ‘‘(i) of which a majority of the mem6 bers are parents of infants and toddlers

7 with disabilities or of children with disabil8 ities;

9 ‘‘(ii) that includes—

10 ‘‘(I) professionals in fields related

11 to the provision of early intervention

12 services, special education, and related

13 services; and

14 ‘‘(II) individuals with disabilities;

15 and

16 ‘‘(iii) of which the parent and profes17 sional members are broadly representative

18 of the population to be served by the organi19 zation.

20 ‘‘(3) ELIGIBLE ORGANIZATIONS; CAPACITY AND

21 EXPERTISE.—To be eligible to receive a grant, or

22 enter into a contract or cooperative agreement, under

23 this section, an organization shall demonstrate the ca24 pacity and expertise necessary—
479

•S 1578 RS

1 ‘‘(A) to conduct the parent training and in2 formation activities described in paragraph (1);

3 and

4 ‘‘(B) to work with partnerships carrying

5 out State systems change activities under part C,

6 seeking to improve early intervention, edu7 cational, and transitional services and results,

8 for children with disabilities.

9 ‘‘(b) PARENT TRAINING AND INFORMATION CENTERS;

10 AUTHORIZED ACTIVITIES.—Each organization that receives

11 a grant, or enters into a contract or cooperative agreement,

12 under subsection (a) to operate a parent training and infor13 mation center shall—

14 ‘‘(1) provide parent training and information

15 activities that meet the training and information

16 needs of all parents of children with disabilities living

17 in the area to be served under the grant, contract, or

18 cooperative agreement, particularly parents of chil19 dren with disabilities who are members of unserved or

20 underserved populations;

21 ‘‘(2) serve the parents of children with disabil22 ities who, collectively, have the full range of disabil23 ities;

24 ‘‘(3) assist the parents of children with disabil25 ities in better understanding the nature of the disabil-
480

•S 1578 RS

1 ities of their children and the needs of their children

2 to obtain improved early intervention, educational,

3 and transitional services and results;

4 ‘‘(4) assist such parents in communicating effec5 tively with early intervention services personnel, gen6 eral and special education personnel, administrators,

7 and other relevant persons;

8 ‘‘(5) assist such parents in participating in deci9 sionmaking processes, including the development of

10 individualized education programs under part B and

11 individualized family service plans under part H, for

12 children with disabilities;

13 ‘‘(6) assist such parents in obtaining appro14 priate information about the range of options, pro15 grams, supports, and resources available at national,

16 State, and local levels to assist children with disabil17 ities and their families;

18 ‘‘(7) assist such parents in understanding the

19 provisions of this Act relating to the education of, and

20 provision of early intervention services for, children

21 with disabilities;

22 ‘‘(8) assist such parents in participating as in23 formed participants in State systems change activi24 ties, especially systems change activities funded under

25 part C;
481

•S 1578 RS

1 ‘‘(9) ensure that parents of children who are

2 members of inappropriately identified populations,

3 and who are being referred for or are receiving special

4 education services, are informed about problems con5 nected with inappropriately identifying such children

6 as described in section 602(a)(13);

7 ‘‘(10) assist children with disabilities, particu8 larly such children who are members of unserved or

9 underserved populations, in understanding their

10 rights and responsibilities under this Act on reaching

11 the age of majority for the State in which such a

12 child resides, if the State provides for the transfer of

13 parental rights under section 615(j) (as amended by

14 section 206(c)(8) of the Individuals with Disabilities

15 Education Act Amendments of 1996) to the children;

16 ‘‘(11) report to the Secretary on—

17 ‘‘(A) the number of such parents for whom

18 the organization provided parent training and

19 information activities; and

20 ‘‘(B) the effectiveness of strategies used to

21 reach and serve such parents, including low-in22 come parents from urban areas, low-income par23 ents from rural areas, parents with limited-Eng24 lish proficiency who have children with disabil25 ities, and parents with disabilities;
482

•S 1578 RS

1 ‘‘(12) establish cooperative relationships with all

2 other entities operating parent training and informa3 tion centers, including community parent training

4 and information programs described in subsection (c),

5 in the State in which the organization is operating

6 a parent training and information center; and

7 ‘‘(13) consult and establish networks with appro8 priate national, regional, and local agencies and or9 ganizations, such as protection and advocacy agen10 cies, within the geographic area served by the organi11 zation, that serve or assist children with disabilities

12 and their families.

13 ‘‘(c) COMMUNITY PARENT TRAINING AND INFORMA14 TION PROGRAMS; AUTHORIZED ACTIVITIES.—

15 ‘‘(1) IN GENERAL.—Each parent organization

16 that receives a grant, or enters into a contract or co17 operative agreement, under subsection (a) to carry out

18 a community parent training and information pro19 gram shall build the capacity, demonstrate and assist

20 in the replication of the models, and provide the ac21 tivities described in subsection (a)(1)(B)(ii).

22 ‘‘(2) PARENTS ASSISTED.—Each such parent or23 ganization shall build such capacity, demonstrate and

24 assist in the replication of such models, and provide

25 such activities, in a manner that will help ensure
483

•S 1578 RS

1 that parents of children with disabilities who are

2 members of unserved or underserved populations par3 ticipate in parent training and information activi4 ties.

5 ‘‘(3) OBJECTIVES.—The services described in

6 paragraph (1) shall result in new capacity, dem7 onstrated and replicated models, and training and in8 formation activities, needed to enable the parents de9 scribed in paragraph (2) to participate effectively in

10 helping their children with disabilities and to serve as

11 informed participants in partnerships within their

12 State, leading to improved early intervention, edu13 cational, and transitional services and results, for all

14 children with disabilities and their families.

15 ‘‘(4) COMMUNITY TRAINING AND INFORMATION

16 ACTIVITIES.—Such services shall—

17 ‘‘(A) include capacity building, demonstra18 tion and replication of models, and the provision

19 of training and information activities, that meet

20 the needs of parents of children with disabilities

21 who are members of unserved or underserved

22 populations;

23 ‘‘(B) include activities carried out through

24 cooperative relationships with the parent train25 ing and information centers;
484

•S 1578 RS

1 ‘‘(C) include accommodations and strategies

2 to meet the specific needs of families who experi3 ence significant isolation from available sources

4 of information and support;

5 ‘‘(D) demonstrate, utilize, and document the

6 use and effectiveness of, model approaches to ad7 dress the multiple needs of children with disabil8 ities who are members of unserved or under9 served populations; and

10 ‘‘(E) ensure that parents of children who

11 are members of inappropriately identified popu12 lations, and who are being referred for or are re13 ceiving special education services, are informed

14 about problems connected with inappropriately

15 identifying such children as described in section

16 602(a)(13).

17 ‘‘(5) REPORT.—Each parent organization that

18 receives a grant, or enters into a contract or coopera19 tive agreement, under subsection (a) to operate a com20 munity parent training and information program

21 shall report to the Secretary on—

22 ‘‘(A) the number of parents of children with

23 disabilities who are members of unserved or un24 derserved populations for whom the organization
485

•S 1578 RS

1 provided parent training and information ac2 tivities;

3 ‘‘(B) the effectiveness and impact of strate4 gies used to reach and serve such parents; and

5 ‘‘(C) the impact of the increased capacity

6 described in subsection (a)(1)(B)(ii) on the pro7 vision of parent training and information ac8 tivities and on improved early intervention, edu9 cational, and transitional results for such chil10 dren.

11 ‘‘(d) TECHNICAL ASSISTANCE; AUTHORIZED ACTIVI12 TIES.—The Secretary may provide technical assistance to

13 organizations to—

14 ‘‘(1) carry out parent training and information

15 activities by—

16 ‘‘(A) coordinating parent training efforts;

17 and

18 ‘‘(B) providing or helping to disseminate

19 information to centers funded under this part;

20 and

21 ‘‘(2) develop, coordinate, and disseminate infor22 mation on the following parent training and infor23 mation activities:

24 ‘‘(A) Assisting the centers in evaluating

25 their activities under this part.
486

•S 1578 RS

1 ‘‘(B) Promoting the use of technology by the

2 centers to make information available.

3 ‘‘(C) Reaching parents of children with dis4 abilities who are members of unserved or under5 served populations.

6 ‘‘(D) Including children with disabilities in

7 general education programs.

8 ‘‘(E)(i) Supporting the transition of chil9 dren with disabilities from—

10 ‘‘(I) early intervention services to pre11 school;

12 ‘‘(II) preschool to elementary school;

13 and

14 ‘‘(III) secondary school to postsecond15 ary school and employment.

16 ‘‘(ii) Promoting mediation and alternative

17 methods of dispute resolution for children with

18 disabilities.

19 ‘‘(F) Assisting parent training and infor20 mation centers in becoming effective partners in

21 State systems change activities, leading to im22 proved early intervention, educational, and tran23 sitional results for children with disabilities.

24 ‘‘(e) APPLICATIONS.—Any eligible entity that wishes

25 to receive a grant, or enter into a contract or cooperative
487

•S 1578 RS

1 agreement, under this section shall submit an application

2 to the Secretary at such time, in such manner, and contain3 ing such information as the Secretary may require.

4 ‘‘(f) AUTHORIZATION OF APPROPRIATIONS.—There are

5 authorized to be appropriated to carry out this section

6 $13,600,000 for fiscal year 1998, and such sums as may

7 be necessary for each of fiscal years 1999 through 2002.

8 ‘‘SEC. 644. COORDINATED TECHNICAL ASSISTANCE AND

9 DISSEMINATION.

10 ‘‘(a) IN GENERAL.—The Secretary may, directly or by

11 competitively making grants and entering into contracts

12 and cooperative agreements with eligible entities, provide

13 technical assistance and information through institutes, re14 source centers, clearinghouses, and programs that support

15 States and local entities in building capacity to improve

16 early intervention, educational, and transitional services

17 and results, for children with disabilities and their families,

18 and address systems change goals and priorities.

19 ‘‘(b) SYSTEMIC TECHNICAL ASSISTANCE; AUTHORIZED

20 ACTIVITIES.—In carrying out this section, the Secretary

21 may carry out or support any technical assistance activities

22 that are consistent with the objectives described in sub23 section (a), including activities that—

24 ‘‘(1) assist States, local educational agencies,

25 and other members of partnerships with the process of
488

•S 1578 RS

1 planning systemic changes that will promote im2 proved early intervention, educational, and transi3 tional results for children with disabilities;

4 ‘‘(2) promote change through a multistate or re5 gional framework that benefits States, local edu6 cational agencies, and other members of partnerships,

7 that are in the process of achieving systems change

8 outcomes;

9 ‘‘(3) increase the depth and utility of informa10 tion in ongoing and emerging areas of priority need

11 identified by States, local educational agencies, and

12 other members of partnerships, that are in the process

13 of achieving systems change outcomes; and

14 ‘‘(4) develop long-term working relationships

15 with States, local educational agencies, and other

16 members of partnerships, by—

17 ‘‘(A) developing familiarity with the prac18 tices, procedures, and policies of the States, agen19 cies, and other members;

20 ‘‘(B) providing services that are based on

21 the needs and concerns identified by the members

22 of the partnerships, rather than on externally

23 imposed criteria or topics;

24 ‘‘(C) focusing on accountability of the

25 States, agencies, and other members for improved
489

•S 1578 RS

1 early intervention, educational, and transitional

2 results for children with disabilities; and

3 ‘‘(D) coordinating activities with clearing4 houses to disseminate information and data on

5 needs and results of children with disabilities.

6 ‘‘(c) INTERORGANIZATIONAL TECHNICAL ASSISTANCE;

7 AUTHORIZED ACTIVITIES.—In carrying out this section,

8 the Secretary may carry out or support any activities that

9 are consistent with the objectives described in subsection (a),

10 including activities for States, local educational agencies,

11 and other members of partnerships, that—

12 ‘‘(1) focus on major requirements of this Act as

13 determined by the Secretary, in which interorganiza14 tional issues are present and are perceived to be bar15 riers to systemic change and to improved early inter16 vention, educational, and transitional results for chil17 dren with disabilities;

18 ‘‘(2) facilitate interorganizational collaboration

19 at Federal, State, and local levels in order to achieve

20 such change and such improved results; and

21 ‘‘(3) consist of extensive collaboration with non22 education entities (such as entities that provide serv23 ices for infants and toddlers with disabilities, early

24 intervention services, mental health services, health

25 services, and vocational rehabilitation services) in
490

•S 1578 RS

1 order to facilitate systems change outcomes and the

2 improvement of early intervention, educational, and

3 transitional results for children with disabilities.

4 ‘‘(d) SPECIALIZED TECHNICAL ASSISTANCE; AUTHOR5 IZED ACTIVITIES.—In carrying out this section, the Sec6 retary may carry out or support any activities that are

7 consistent with the objectives described in subsection (a), in8 cluding activities that—

9 ‘‘(1) focus on specific areas of high priority need

10 that—

11 ‘‘(A) are identified by States, local edu12 cational agencies, and other members of partner13 ships;

14 ‘‘(B) require the development of new knowl15 edge, or the analysis and synthesis of substantial

16 bodies of information not readily available to the

17 States, agencies, and other members; and

18 ‘‘(C) will contribute significantly to the im19 provement of early intervention, educational,

20 and transitional services and results, for children

21 with disabilities and their families;

22 ‘‘(2) focus on needs and issues that are specific

23 to a population of children with disabilities, such as

24 the provision of single State and multi-State technical

25 assistance and inservice training to—
491

•S 1578 RS

1 ‘‘(A) schools and agencies serving deaf-blind

2 children and their families; and

3 ‘‘(B) programs and agencies serving other

4 groups of children with low-incidence disabilities

5 and their families; and

6 ‘‘(3) address the postsecondary education needs

7 of individuals who are deaf or hard of hearing

8 through the operation of 4 model regional center pro9 grams.

10 ‘‘(e) NATIONAL INFORMATION DISSEMINATION AND

11 REFERRAL; AUTHORIZED ACTIVITIES.—In carrying out

12 this section, the Secretary may carry out or support infor13 mation dissemination and referral activities that are con14 sistent with the objectives described in subsection (a), in15 cluding activities that address national needs for the prepa16 ration and dissemination of information relating to elimi17 nating barriers to systems change outcomes and improving

18 early intervention, educational, and transitional results for

19 children with disabilities, including information relating

20 to—

21 ‘‘(1) infants and toddlers with disabilities and

22 their families, and children with disabilities (includ23 ing youth with disabilities) and their families;

24 ‘‘(2) the provision of services and supports to

25 deaf-blind children;
492

•S 1578 RS

1 ‘‘(3) the provision of services to blind and print2 disabled children;

3 ‘‘(4) the provision of postsecondary services to

4 individuals with disabilities; and

5 ‘‘(5) the need for and use of personnel to provide

6 services to children with disabilities.

7 ‘‘(f) NATIONAL TECHNICAL ASSISTANCE AND DISSEMI8 NATION COORDINATION ACTIVITIES; AUTHORIZED ACTIVI9 TIES.—In carrying out this section, the Secretary may

10 carry out or support any activities that are consistent with

11 the objectives described in subsection (a), including activi12 ties that—

13 ‘‘(1) link and coordinate activities of—

14 ‘‘(A) all information and technical assist15 ance programs funded under this Act; and

16 ‘‘(B) other programs that support systems

17 change outcomes, including programs that in18 volve early intervention, educational, or transi19 tional services;

20 ‘‘(2) coordinate national information on issues

21 that—

22 ‘‘(A) are of critical interest to State edu23 cational agencies and local educational agencies,

24 other agency personnel, parents of children with
493

•S 1578 RS

1 disabilities, and individuals with disabilities;

2 and

3 ‘‘(B) include issues relating to—

4 ‘‘(i) educational reform and systemic

5 change within States;

6 ‘‘(ii) interorganizational collaboration

7 and service provision;

8 ‘‘(iii) personnel recruitment, retention,

9 and preparation;

10 ‘‘(iv) services for populations of chil11 dren with low-incidence disabilities, includ12 ing deaf-blind children, and targeted age

13 groupings;

14 ‘‘(v) promoting schools that are safe

15 and conducive to learning; and

16 ‘‘(vi) early intervention services and

17 results;

18 ‘‘(3) provide information on organizing systems

19 and information networks, concerning information re20 trieval and dissemination; and

21 ‘‘(4) provide information concerning the value

22 and effectiveness of technical assistance and dissemi23 nation activities and their impact on improved early

24 intervention, educational, and transitional services
494

•S 1578 RS

1 and results, for children with disabilities and their

2 families.

3 ‘‘(g) APPLICATIONS.—An eligible entity that wishes to

4 receive a grant, or enter into a contract or cooperative

5 agreement, under this section shall submit an application

6 to the Secretary at such time, in such manner, and contain7 ing such information as the Secretary may require.

8 ‘‘(h) AUTHORIZATION OF APPROPRIATIONS.—There

9 are authorized to be appropriated to carry out this section

10 $36,434,000 for fiscal year 1998, and such sums as may

11 be necessary for each of fiscal years 1999 through 2002.

12 ‘‘SEC. 645. TECHNOLOGY DEVELOPMENT, DEMONSTRATION,

13 AND UTILIZATION, AND MEDIA SERVICES.

14 ‘‘(a) IN GENERAL.—The Secretary may competitively

15 make grants to, and enter into contracts and cooperative

16 agreements with, eligible entities and consortia of eligible

17 entities, to support activities described in subsections (b)

18 and (c).

19 ‘‘(b) TECHNOLOGY DEVELOPMENT, DEMONSTRATION

20 AND UTILIZATION; AUTHORIZED ACTIVITIES.—In carrying

21 out this section, the Secretary may support activities that

22 consist of—

23 ‘‘(1) conducting research and development activi24 ties on the use of innovative and emerging tech25 nologies for children with disabilities;
495

•S 1578 RS

1 ‘‘(2) promoting the demonstration and use of in2 novative and emerging technologies for children with

3 disabilities by improving and expanding the transfer

4 of technology from research and development to prac5 tice;

6 ‘‘(3) providing technical assistance, to recipients

7 of other assistance under this section, concerning the

8 development of accessible, effective, and usable prod9 ucts;

10 ‘‘(4) communicating information on available

11 technology and the uses of such technology to assist

12 children with disabilities;

13 ‘‘(5) supporting the implementation of research

14 programs on captioning or video description;

15 ‘‘(6) supporting research, development, and dis16 semination of technology with universal design fea17 tures, so that the technology is accessible to individ18 uals with disabilities without further modification or

19 adaptation; and

20 ‘‘(7) demonstrating the use of publicly funded

21 telecommunications systems to provide parents and

22 teachers with information and training concerning

23 early diagnosis of, intervention for, and effective

24 teaching strategies for young children with reading

25 disabilities.
496

•S 1578 RS

1 ‘‘(c) EDUCATIONAL MEDIA SERVICES; AUTHORIZED

2 ACTIVITIES.—In carrying out this section, the Secretary

3 may support activities that consist of—

4 ‘‘(1) carrying out educational media activities

5 that are designed to be of educational value to chil6 dren with disabilities;

7 ‘‘(2) providing video description, open caption8 ing, or closed captioning of television programs, vid9 eos, or educational materials;

10 ‘‘(3) distributing captioned and described videos

11 or educational materials;

12 ‘‘(4) providing, through the national education

13 library for the blind and print-disabled, recorded free

14 educational materials, including textbooks, for vis15 ually impaired and print-disabled students in ele16 mentary, secondary, postsecondary, and graduate

17 schools;

18 ‘‘(5) providing, through the National Theater of

19 the Deaf and other appropriate nonprofit organiza20 tions, cultural experiences—

21 ‘‘(A) enriching the lives of deaf and hard22 of-hearing children and adults;

23 ‘‘(B) increasing public awareness and un24 derstanding of deafness and of the autistic and
497

•S 1578 RS

1 intellectual achievements of deaf and hard-of2 hearing persons; and

3 ‘‘(C) promoting the integration of hearing,

4 deaf, and hard-of-hearing persons through shared

5 cultural, educational, and social experiences; and

6 ‘‘(6) compiling and evaluating appropriate data

7 relating to the activities described in paragraphs (1)

8 through (5).

9 ‘‘(d) APPLICATIONS.—Any eligible entity that wishes

10 to receive a grant, or enter into a contract or cooperative

11 agreement, under this section shall submit an application

12 to the Secretary at such time, in such manner, and contain13 ing such information as the Secretary may require.

14 ‘‘(e) AUTHORIZATION OF APPROPRIATIONS.—There are

15 authorized to be appropriated to carry out this section

16 $30,000,000 for fiscal year 1998, and such sums as may

17 be necessary for each of fiscal years 1999 through 2002.’’.

18 SEC. 502. CONFORMING AMENDMENTS.

19 (a) INDIVIDUALS WITH DISABILITIES EDUCATION

20 ACT.—Section 715 (20 U.S.C. 1491n) is amended by strik21 ing ‘‘nothing in parts A through H of this title’’ and insert22 ing ‘‘no provision of this title, other than a provision of

23 this part,’’.

24 (b) DEVELOPMENTAL DISABILITIES ASSISTANCE AND

25 BILL OF RIGHTS ACT.—Section 124(c)(4)(F)(ii) of the De-
498

•S 1578 RS

1 velopmental Disabilities Assistance and Bill of Rights Act

2 (42 U.S.C. 6024(c)(4)(F)(ii)) is amended by striking ‘‘par3 ent training and information centers under part D’’ and

4 inserting ‘‘parent training and information centers, and

5 community parent training and information programs, as6 sisted under part E’’.

7 SEC. 503. REAUTHORIZATIONS FOR FISCAL YEAR 1997.

8 (a) REAUTHORIZATION FOR FISCAL YEAR 1997 OF AU9 THORITIES RELATING TO RESEARCH IN THE EDUCATION

10 OF INDIVIDUALS WITH DISABILITIES.—Section 643 of the

11 Individuals with Disabilities Education Act (20 U.S.C.

12 1444) is amended by striking ‘‘fiscal year 1994’’ and insert13 ing ‘‘each of fiscal years 1994 through 1997’’.

14 (b) REAUTHORIZATION FOR FISCAL YEAR 1997 OF AU15 THORITIES RELATING TO INSTRUCTIONAL MEDIA FOR INDI16 VIDUALS WITH DISABILITIES.—Section 653 of the Individ17 uals with Disabilities Education Act (20 U.S.C. 1454) is

18 amended by striking ‘‘fiscal year 1994’’ and inserting ‘‘each

19 of fiscal years 1994 through 1997’’.

20 (c) REAUTHORIZATION FOR FISCAL YEAR 1997 OF AU21 THORITIES RELATING TO TECHNOLOGY, EDUCATIONAL

22 MEDIA, AND MATERIALS FOR INDIVIDUALS WITH DISABIL23 ITIES.—Section 662 of the Individuals with Disabilities

24 Education Act (20 U.S.C. 1462) is amended by striking
499

•S 1578 RS

1 ‘‘fiscal year 1994’’ and inserting ‘‘each of fiscal years 1994

2 through 1997’’.

3 SEC. 504. EFFECTIVE DATE.

4 The amendments made by this title, other than the

5 amendments made by section 503, shall take effect on Octo6 ber 1, 1997.

7 TITLE VI—INFANTS AND

8 TODDLERS WITH DISABILITIES

9 SEC. 601. FINDINGS AND POLICY.

10 Section 671(b) (20 U.S.C. 1471(b)) is amended—

11 (1) in paragraph (1), by striking ‘‘program of’’

12 and inserting ‘‘system that provides’’;

13 (2) at the end of paragraph (2), by striking

14 ‘‘and’’;

15 (3) in paragraph (3), by striking the period and

16 inserting ‘‘, and’’; and

17 (4) by adding at the end the following:

18 ‘‘(4) to encourage States to expand opportunities

19 for children from birth through age 2 who are at risk

20 of having substantial developmental delays if early

21 intervention services are not provided to the chil22 dren.’’.

23 SEC. 602. DEFINITIONS.

24 (a) INFANT OR TODDLER WITH A DISABILITY.—Sec25 tion 672(1) (20 U.S.C. 1472(1)) is amended—
500

•S 1578 RS

1 (1) by striking ‘‘(1)’’ and inserting ‘‘(4) INFANT

2 OR TODDLER WITH A DISABILITY.—’’;

3 (2) in the matter preceding subparagraph (A)—

4 (A) by striking ‘‘The term ‘infants and tod5 dlers with disabilities’ means individuals’’ and

6 inserting ‘‘The term ‘infant or toddler with a

7 disability’ means a child’’; and

8 (B) by striking ‘‘birth to age 2, inclusive,

9 who need early intervention services because

10 they’’ and inserting ‘‘birth through age 2 who

11 needs early intervention services because the

12 child’’;

13 (3) in subparagraph (A), by striking ‘‘are expe14 riencing developmental delays’’ and inserting ‘‘is ex15 periencing a developmental delay’’;

16 (4) in subparagraph (B)—

17 (A) by striking ‘‘have’’ and inserting ‘‘has’’;

18 and

19 (B) by striking ‘‘which’’ and inserting

20 ‘‘that’’; and

21 (5) by striking the second sentence and inserting

22 the following: ‘‘Such term may also include, at the

23 discretion of a State, a child from birth through age

24 2 who is at risk of having a substantial developmen25 tal delay if early intervention services are not pro-
501

•S 1578 RS

1 vided (referred to individually in this part as an ‘at

2 risk infant or toddler’ and collectively in this part as

3 ‘at risk infants and toddlers’).’’.

4 (b) HEADINGS.—Section 672 (20 U.S.C. 1472) is

5 amended—

6 (1) by striking all that precedes paragraph (4)

7 (as redesignated in subsection (a)(1)) and inserting

8 the following:

9 ‘‘SEC. 672. DEFINITIONS.

10 ‘‘As used in this part:’’;

11 (2) in paragraph (2), by striking ‘‘(2)’’ and in12 serting ‘‘(3) EARLY INTERVENTION SERVICES.—’’;

13 (3) in paragraph (3), by striking ‘‘(3)’’ and in14 serting ‘‘(2) DEVELOPMENTAL DELAY.—’’;

15 (4) in paragraph (4), by striking ‘‘(4)’’ and in16 serting ‘‘(1) COUNCIL.—’’;

17 (5) by moving paragraph (2) (as redesignated in

18 paragraph (3)) to the end of the section;

19 (6) by moving paragraph (3) (as redesignated in

20 paragraph (2)) to the end of the section; and

21 (7) by moving paragraph (4) (as redesignated in

22 subsection (a)(1)) to the end of the section.

23 (c) INFANTS AND TODDLERS WITH DISABILITIES.—

24 Section 672 (20 U.S.C. 1472) is amended by adding at the

25 end the following:
502

•S 1578 RS

1 ‘‘(5) INFANTS AND TODDLERS WITH DISABIL2 ITIES.—The term ‘infants and toddlers with disabil3 ities’ means more than 1 infant or toddler with a dis4 ability.’’.

5 SEC. 603. GENERAL AUTHORITY.

6 Section 673 (20 U.S.C. 1473) is amended by striking

7 ‘‘develop’’ and inserting ‘‘implement’’.

8 SEC. 604. ELIGIBILITY.

9 Section 674 (20 U.S.C. 1474) is amended—

10 (1) by striking the heading and inserting the fol11 lowing:

12 ‘‘ELIGIBILITY’’;

13 and

14 (2) by striking ‘‘State has established’’ and all

15 that follows and inserting ‘‘State has in effect the

16 statewide system that is required by section 676.’’.

17 SEC. 605. CONTINUING ELIGIBILITY.

18 Section 675 (20 U.S.C. 1475) is repealed.

19 SEC. 606. REQUIREMENTS FOR STATEWIDE SYSTEM.

20 (a) IN GENERAL.—Section 676(a) (20 U.S.C. 1476(a))

21 is amended—

22 (1) by striking ‘‘statewide system of’’ and insert23 ing ‘‘statewide,’’; and

24 (2) by striking ‘‘programs providing’’ and in25 serting ‘‘system that provides’’.
503

•S 1578 RS

1 (b) MINIMUM COMPONENTS.—Section 676(b) (20

2 U.S.C. 1476(b) is amended—

3 (1) in paragraph (1), by striking ‘‘developmen4 tally delayed’’ and inserting ‘‘developmental delay’’;

5 (2) by striking paragraph (2) and inserting the

6 following:

7 ‘‘(2) a State policy that is in effect and that en8 sures that appropriate early intervention services are

9 available to all infants and toddlers with disabilities

10 (including Indian infants and toddlers with disabil11 ities on reservations) in the State and their fami12 lies,’’;

13 (3) in paragraph (6), by striking ‘‘infants with’’

14 and inserting ‘‘infants and toddlers with’’;

15 (4) in paragraph (8)—

16 (A) in the matter preceding subparagraph

17 (A), by striking ‘‘613(a)(3)’’ and inserting

18 ‘‘612(a)(14) (as amended by section 202 of the

19 Individuals with Disabilities Education Act

20 Amendments of 1996)’’;

21 (B) in subparagraph (C), by inserting after

22 ‘‘rural areas’’ the following: ‘‘and inner-city

23 areas’’; and

24 (C) in subparagraph (D), by striking ‘‘a

25 preschool program under section 619 of part B.’’
504

•S 1578 RS

1 and inserting ‘‘preschool or other appropriate

2 services,’’;

3 (5) at the end of paragraph (13), by striking

4 ‘‘and’’;

5 (6) in paragraph (14), by striking ‘‘on the num6 bers of infants’’ and all that follows and inserting

7 ‘‘that is requested by the Secretary under section 618

8 and that relates to this part, and’’; and

9 (7) by adding at the end the following:

10 ‘‘(15) a Council that meets the requirements of

11 section 682.’’.

12 (c) USE OF PARAPROFESSIONALS.—Section 676 (20

13 U.S.C. 1476) is amended by adding at the end the following:

14 ‘‘(c) USE OF PARAPROFESSIONALS.—Nothing in this

15 Act, including subsection (b), prohibits the use of para16 professionals who are appropriately trained and supervised

17 by qualified personnel (in accordance with State law, regu18 lations, or written policy), in meeting the requirements of

19 this part.’’.

20 SEC. 607. INDIVIDUALIZED FAMILY SERVICE PLAN.

21 Section 677 (20 U.S.C. 1477) is amended—

22 (1) in subsection (a)(3), by striking ‘‘parent or

23 guardian’’ and inserting ‘‘parents of the infant or

24 toddler’’;

25 (2) in subsection (d)(8)—
505

•S 1578 RS

1 (A) by striking ‘‘supporting’’ and inserting

2 ‘‘to support’’; and

3 (B) by striking ‘‘services provided’’ and all

4 that follows and inserting ‘‘preschool or other ap5 propriate services.’’; and

6 (3) in subsection (e), by striking ‘‘or guardian’’

7 each place it appears.

8 SEC. 608. STATE APPLICATION AND ASSURANCES.

9 (a) APPLICATION.—Section 678(a) (20 U.S.C.

10 1478(a)) is amended—

11 (1) in paragraph (3), by striking the comma at

12 the end and inserting the following: ‘‘, including—

13 ‘‘(A) information demonstrating to the sat14 isfaction of the Secretary that the State has in

15 effect a statewide system required by section 676,

16 and

17 ‘‘(B) a description of services to be provided

18 to infants and toddlers with disabilities and

19 their families under this part,’’;

20 (2) by striking paragraph (4) and inserting the

21 following:

22 ‘‘(4) a statement regarding whether the State

23 will serve at risk infants and toddlers as infants and

24 toddlers with disabilities,’’;
506

•S 1578 RS

1 (3) in paragraph (6), by striking ‘‘part’’ and all

2 that follows and inserting ‘‘part,’’; and

3 (4) by striking paragraph (8) and inserting the

4 following:

5 ‘‘(8) a description of the policies and procedures

6 to be used—

7 ‘‘(A) to ensure a smooth transition for chil8 dren who are infants and toddlers with disabil9 ities receiving early intervention services under

10 this part to preschool or other appropriate serv11 ices, including a description of—

12 ‘‘(i) how the family of such a child will

13 be included in the transition plans required

14 by subparagraph (C), and

15 ‘‘(ii) how the lead agency designated or

16 established under section 676(b)(9) will—

17 ‘‘(I) notify the local educational

18 agency for the area in which such a

19 child resides that the child will shortly

20 reach the age for eligibility for pre21 school services under part B, as deter22 mined in accordance with State law,

23 ‘‘(II) in the case of such a child

24 who may be eligible for such preschool

25 services, with the approval of the fam-
507

•S 1578 RS

1 ily of the child, convene a conference

2 among the lead agency, the family, and

3 the local educational agency not later

4 than 90 days (and at the discretion of

5 all such parties, earlier, but not earlier

6 than 6 months) before the child is eligi7 ble for the preschool services, to discuss

8 any such services that the child may

9 receive, and

10 ‘‘(III) in the case of such a child

11 who may not be eligible for such pre12 school services, with the approval of the

13 family, make reasonable efforts to con14 vene a conference among the lead agen15 cy, the family, and providers of other

16 appropriate services for children who

17 are not eligible for preschool services

18 under part B, to discuss the appro19 priate services that the child may re20 ceive,

21 ‘‘(B) to review the program options for the

22 child for the period beginning on the third birth23 day of the child and ending on the last day of

24 the school year in which such birthday occurs,

25 and
508

•S 1578 RS

1 ‘‘(C) to establish a transition plan for the

2 child, and’’.

3 (b) STATEMENT OF ASSURANCES.—Section 678(b)(7)

4 (20 U.S.C. 1478(b)(7)) is amended—

5 (1) by striking ‘‘beginning in fiscal year 1992,’’;

6 and

7 (2) by striking ‘‘and rural’’ and inserting

8 ‘‘rural, and inner-city’’.

9 SEC. 609. USES OF FUNDS.

10 Section 679 (20 U.S.C. 1479) is amended—

11 (1) in the matter preceding paragraph (1), by

12 striking ‘‘plan, develop, and’’;

13 (2) at the end of paragraph (2), by striking

14 ‘‘and’’;

15 (3) in paragraph (3), by striking the period and

16 inserting ‘‘, and’’; and

17 (4) by adding at the end the following:

18 ‘‘(4) in any State that does not provide services

19 for at risk infants and toddlers under section 676(a),

20 to strengthen the statewide system by initiating, ex21 panding, or improving collaborative efforts related to

22 at risk infants and toddlers, including establishing

23 linkages with appropriate public, and private, com24 munity-based organizations, services, and personnel,

25 for the purposes of—
509

•S 1578 RS

1 ‘‘(A) identifying and evaluating at risk in2 fants and toddlers,

3 ‘‘(B) making referrals of the infants and

4 toddlers identified and evaluated under subpara5 graph (A), and

6 ‘‘(C) conducting periodic followup on each

7 such referral to determine if the status of the in8 fant or toddler involved has changed with respect

9 to the eligibility of the infant or toddler under

10 this part.’’.

11 SEC. 610. PROCEDURAL SAFEGUARDS.

12 (a) SECTION HEADING.—Section 680 (20 U.S.C. 1480)

13 is amended by striking the matter preceding ‘‘The proce14 dural’’ and inserting the following:

15 ‘‘SEC. 680. PROCEDURAL SAFEGUARDS.

16 ‘‘(a) MINIMUM PROCEDURES.—’’.

17 (b) PROCEDURES.—Section 680(a) (20 U.S.C.

18 1480(a)) (as designated in subsection (a)) is amended—

19 (1) in the matter preceding paragraph (1), by

20 striking ‘‘The’’ and all that follows through ‘‘follow21 ing:’’ and inserting ‘‘To meet the requirement of sec22 tion 676(b)(12), each State, in providing a statewide

23 system under this part, shall, through State statute,

24 regulation, or other written policy, provide at a mini25 mum for the following:’’;
510

•S 1578 RS

1 (2) in the second sentence of paragraph (1), by

2 striking ‘‘, which action may be brought’’;

3 (3) in paragraph (2), by striking ‘‘or guard4 ians’’;

5 (4) in paragraph (3), by striking ‘‘or guardian’’;

6 (5) in paragraph (4), by striking ‘‘or a guard7 ian’’;

8 (6) in paragraph (5), by striking ‘‘or guardian’’

9 each place it appears;

10 (7) in paragraph (6), by striking ‘‘or guardian’’;

11 (8) in paragraph (7)—

12 (A) by striking ‘‘or guardian’’; and

13 (B) by striking ‘‘or guardian’s’’;

14 (9) in paragraph (8)—

15 (A) by striking ‘‘or guardian’’; and

16 (B) by striking the following:

17 ‘‘(8) During’’ and inserting the following:

18 ‘‘(b) SERVICES DURING PENDENCY OF PROCEED19 INGS.—The procedural safeguards required to be included

20 in a statewide system under section 676(b)(12) shall also

21 include a measure to ensure that during’’; and

22 (10) by inserting after paragraph (7) the follow23 ing:

24 ‘‘(8) The right to use mediation in accordance

25 with section 615(e) (as amended by section 206(c)(7)
511

•S 1578 RS

1 of the Individuals with Disabilities Education Act

2 Amendments of 1996), except that—

3 ‘‘(A) a reference in such section to the State

4 educational agency shall be considered to refer to

5 the lead agency of the State designated or estab6 lished under section 676(b)(9), and

7 ‘‘(B) a reference in such section to a public

8 agency shall be considered to refer to a local

9 services provider or the lead agency, as the case

10 may be.’’.

11 SEC. 611. STATE INTERAGENCY COORDINATING COUNCIL.

12 (a) COMPOSITION.—Section 682(b)(1) (20 U.S.C.

13 1482(b)(1)) is amended—

14 (1) in subparagraph (E)—

15 (A) by striking ‘‘At least one member shall

16 be’’ and inserting ‘‘There shall be at least one

17 member’’;

18 (B) by striking ‘‘families and’’ and insert19 ing the following: ‘‘families, and from any other

20 State agency involved in the provision of services

21 to at risk infants and toddlers, and each such

22 member’’; and

23 (C) by striking ‘‘such agencies’’ and insert24 ing ‘‘the appropriate agency’’; and
512

•S 1578 RS

1 (2) by adding after subparagraph (G) the follow2 ing:

3 ‘‘(H) At least one member shall be a representa4 tive from a Head Start agency or Head Start pro5 gram in the State.

6 ‘‘(I) At least one member shall be a representa7 tive from the State agency responsible for child care.’’.

8 (b) FUNCTIONS OF COUNCIL.—Section 682(e) (20

9 U.S.C. 1482(e)) is amended—

10 (1) in paragraph (1)(C), by striking ‘‘services

11 provided’’ and all that follows and inserting ‘‘pre12 school or other appropriate services, and’’;

13 (2) in paragraph (2), by striking ‘‘children’’ and

14 all that follows and inserting ‘‘children from birth

15 through age 5.’’; and

16 (3) by inserting after paragraph (2) the follow17 ing:

18 ‘‘(3) The Council may advise appropriate agencies in

19 the State with respect to the integration of services for in20 fants and toddlers with disabilities (including at risk in21 fants and toddlers) and their families, regardless of whether

22 at risk infants and toddlers are eligible for early interven23 tion services in the State.’’.

24 (c) EXISTING COUNCILS.—Section 682 (20 U.S.C.

25 1482) is amended by striking subsection (g).
513

•S 1578 RS

1 SEC. 612. CONFORMING AMENDMENT.

2 Section 683(3) (20 U.S.C. 1483(3)) is amended by

3 striking ‘‘intermediate educational agencies’’ and inserting

4 ‘‘educational service agencies’’.

5 SEC. 613. ALLOCATION OF FUNDS.

6 (a) RESERVATION.—Section 684(a) (20 U.S.C.

7 1484(a)) is amended—

8 (1) by striking ‘‘(a)’’ and inserting ‘‘(a)(1)’’;

9 (2) by inserting after ‘‘reserve’’ the following:

10 ‘‘not more than’’; and

11 (3) by adding at the end the following:

12 ‘‘(2) The provisions of section 501 of Public Law 95–

13 134 (48 U.S.C. 1469a) (relating to permitting the consoli14 dation of grants to insular areas referred to in such section)

15 shall not apply to funds the areas receive under this part.’’.

16 (b) TRIBES.—Section 684(b) (20 U.S.C. 1484(b)) is

17 amended—

18 (1) in paragraph (2)—

19 (A) by striking ‘‘The Secretary’’ and all

20 that follows through ‘‘tribal organization shall

21 receive an amount based’’ and inserting ‘‘For

22 each fiscal year, the Secretary of the Interior

23 shall distribute the entire amount of a payment

24 received under paragraph (1) by providing to

25 each such tribe or tribal organization an amount

26 based’’;
514

•S 1578 RS

1 (B) by striking ‘‘the reservation’’ and in2 serting ‘‘the reservation involved’’; and

3 (C) by striking ‘‘all tribes’’ and inserting

4 ‘‘all such tribes’’; and

5 (2) in paragraph (4)—

6 (A) in the first sentence, by striking ‘‘chil7 dren aged 0–2, inclusive,’’ and inserting ‘‘chil8 dren from birth through age 2’’; and

9 (B) in the third sentence, by striking ‘‘pub10 lic or private nonprofit organizations’’ and in11 serting ‘‘public or private nonprofit agencies or

12 organizations’’.

13 (c) FEDERAL INTERAGENCY COORDINATING COUNCIL

14 AND PANEL OF EXPERTS.—Section 684 (20 U.S.C. 1484)

15 is amended—

16 (1) by redesignating subsections (c) and (d) as

17 subsections (e) and (f), respectively; and

18 (2) by inserting after subsection (b) the follow19 ing:

20 ‘‘(c) The Secretary shall reserve not more than 0.0005

21 of the amount appropriated under section 687 for any fiscal

22 year for the operation of the Federal Interagency Coordinat23 ing Council established under section 685, other than activi24 ties of the panel of experts carried out under section 686.
515

•S 1578 RS

1 ‘‘(d) The Secretary may reserve up to $100,000 for the

2 expenses of the panel of experts established under section

3 686.’’.

4 (d) REMAINDER.—Section 684 (20 U.S.C. 1484) is

5 amended in subsection (e) (as redesignated in subsection

6 (c)(1))—

7 (1) in paragraph (1)—

8 (A) by striking ‘‘(3), (4), and (5)’’ and in9 serting ‘‘(2), (3), and (4)’’; and

10 (B) by striking ‘‘(a) and (b)’’ and inserting

11 ‘‘(a) through (d) and section 618(f) (as amended

12 by section 209 of the Individuals with Disabil13 ities Education Act Amendments of 1996)’’;

14 (2) by striking paragraph (2);

15 (3) by redesignating paragraphs (3) through (6)

16 as paragraphs (2) through (5), respectively;

17 (4) in paragraph (2) (as redesignated in para18 graph (3))—

19 (A) in the text preceding subparagraph (A),

20 by striking ‘‘paragraphs (4) and (5)’’ and insert21 ing ‘‘paragraphs (3) and (4)’’; and

22 (B) in subparagraph (A), by striking ‘‘, ex23 cluding’’ and all that follows and inserting ‘‘;

24 or’’;
516

•S 1578 RS

1 (5) in paragraph (3) (as redesignated in para2 graph (3)), in subparagraph (A), by striking ‘‘(5)’’

3 and inserting ‘‘(4)’’; and

4 (6) in paragraph (5) (as redesignated in para5 graph (3))—

6 (A) in the text preceding subparagraph (A),

7 by striking ‘‘paragraph (1)’’ and inserting ‘‘this

8 subsection’’;

9 (B) in subparagraph (A), by striking ‘‘chil10 dren from birth to age 2, inclusive,’’ and insert11 ing ‘‘children from birth through age 2;’’; and

12 (C) in subparagraph (B), by striking ‘‘does

13 not include’’ and all that follows and inserting

14 ‘‘means each of the several States, the District of

15 Columbia, and the Commonwealth of Puerto

16 Rico.’’.

17 (e) REALLOTMENT.—Section 684 (20 U.S.C. 1484) is

18 amended in subsection (f) (as redesignated in subsection

19 (c)(1)) by striking ‘‘(c)(1)’’ and inserting ‘‘(e)(1)’’.

20 SEC. 614. FEDERAL INTERAGENCY COORDINATING COUN21 CIL.

22 (a) ESTABLISHMENT AND PURPOSE.—Section

23 685(a)(1)(A) (20 U.S.C. 1484a(a)(1)(A)) is amended by

24 striking ‘‘relating to early intervention’’ and all that follows
517

•S 1578 RS

1 and inserting ‘‘across Federal, State, and local agencies, re2 lating to—

3 ‘‘(i) early intervention services for in4 fants and toddlers with disabilities (includ5 ing at risk infants and toddlers) and their

6 families; and

7 ‘‘(ii) preschool or other appropriate

8 services for children with disabilities;’’.

9 (b) COMPOSITION.—Section 685(b) (20 U.S.C.

10 1484a(b)) is amended—

11 (1) in paragraph (2), by inserting before the

12 semicolon the following: ‘‘and a representative of the

13 Office of Educational Research and Improvement’’;

14 (2) in paragraph (15), by inserting after ‘‘a rep15 resentative of’’ the following: ‘‘the Children’s Bureau,

16 and a representative of the Head Start Bureau, of’’;

17 (3) in paragraph (16), by striking ‘‘Alcohol,

18 Drug Abuse and Mental Health Administration’’ and

19 inserting ‘‘Substance Abuse and Mental Health Serv20 ices Administration’’;

21 (4) in paragraph (17), by striking ‘‘Aids’’ and

22 inserting ‘‘AIDS’’; and

23 (5) in paragraph (18)—

24 (A) by striking ‘‘at least 3’’; and
518

•S 1578 RS

1 (B) by inserting after ‘‘12 or under’’ the fol2 lowing: ‘‘(which parents shall constitute at least

3 20 percent of the members of the Council)’’.

4 (c) FUNCTIONS OF THE COUNCIL.—Section 685(d)(1)

5 (20 U.S.C. 1484a(d)(1)) is amended by striking ‘‘Secretary

6 in the performance’’ and all that follows and inserting

7 ‘‘Secretary of Education, Secretary of Health and Human

8 Services, Secretary of Defense, Secretary of the Interior,

9 Secretary of Agriculture, and Commissioner of Social Secu10 rity in the performance of their responsibilities related to

11 serving children from birth through age 5 who are eligible

12 for services under this part or under part B;’’.

13 (d) FEDERAL ADVISORY COMMITTEE ACT INAPPLICA14 BLE.—Section 685 (20 U.S.C. 1484a) is amended by add15 ing at the end the following:

16 ‘‘(f) FEDERAL ADVISORY COMMITTEE ACT.—The Fed17 eral Advisory Committee Act (5 U.S.C. App.) shall not

18 apply to the establishment or operation of the Council.’’.

19 SEC. 615. STUDY OF DEFINITION OF DEVELOPMENTAL

20 DELAY.

21 Part H (20 U.S.C. 1471 et seq.) is amended—

22 (1) by striking section 686; and

23 (2) by adding at the end the following:
519

•S 1578 RS

1 ‘‘SEC. 686. STUDY OF DEFINITION OF DEVELOPMENTAL

2 DELAY.

3 ‘‘(a) PANEL OF EXPERTS.—

4 ‘‘(1) IN GENERAL.—Not later than 3 months

5 after the date of enactment of the Individuals with

6 Disabilities Education Act Amendments of 1996, the

7 Federal Interagency Coordinating Council established

8 under section 685 shall convene a panel of experts to

9 develop recommendations to the Secretary for a model

10 definition of the term ‘developmental delay’, to assist

11 States in implementing section 676(b)(1).

12 ‘‘(2) MEMBERS.—The panel shall include recog13 nized experts in—

14 ‘‘(A) health and child development, whose

15 work includes—

16 ‘‘(i) the evaluation and assessment of

17 infants and toddlers with disabilities;

18 ‘‘(ii) the study of congenital or

19 perinatal disorders in children; or

20 ‘‘(iii) the measurement of developmen21 tal milestones in infants and toddlers;

22 ‘‘(B) the administration of disability pro23 grams for young children; and

24 ‘‘(C) other fields that the Secretary finds to

25 be appropriate.
520

•S 1578 RS

1 ‘‘(3) OTHER MEMBERSHIP REQUIREMENTS.—The

2 panel shall—

3 ‘‘(A) have no more than 12 members; and

4 ‘‘(B) include at least 1 parent of a child

5 with a disability who is younger than age 6.

6 ‘‘(b) DUTIES.—In developing the recommendations re7 ferred to in subsection (a)(1), the panel shall—

8 ‘‘(1) review the definition of infants and toddlers

9 with disabilities specified in section 672(4);

10 ‘‘(2) conduct an analysis of the criteria that are

11 used by States under this part to determine whether

12 an individual has a developmental delay or a diag13 nosed physical or mental condition, for purposes of

14 ascertaining whether the individual is an infant or

15 toddler with a disability; and

16 ‘‘(3) consider the appropriateness of defining the

17 term ‘developmental delay’ to include the combination

18 of a multiplicity of factors that, when taken together,

19 have a high probability of resulting in developmental

20 delay (as specified in the remainder of the definition)

21 if early intervention services are not provided.

22 ‘‘(c) PANEL RECOMMENDATIONS.—The panel shall

23 prepare and submit to the Secretary a report containing

24 the recommendations developed under subsection (a) not

25 later than 9 months after the date of enactment of the Indi-
521

•S 1578 RS

1 viduals with Disabilities Education Act Amendments of

2 1996.

3 ‘‘(d) MODEL DEFINITION.—After receiving the rec4 ommendations, the Secretary shall—

5 ‘‘(1) publish the recommendations in the Federal

6 Register;

7 ‘‘(2) give interested parties an opportunity to

8 submit written comments on the recommendations;

9 and

10 ‘‘(3) disseminate a model definition based on the

11 recommendations, along with a summary of com12 ments received.

13 ‘‘(e) FEDERAL ADVISORY COMMITTEE ACT INAPPLICA14 BLE.—The Federal Advisory Committee Act (5 U.S.C.

15 App.) shall not apply to the establishment or operation of

16 the panel.’’.

17 SEC. 616. AUTHORIZATION OF APPROPRIATIONS.

18 (a) REAUTHORIZATION FOR FISCAL YEAR 1997.—

19 (1) IN GENERAL.—Section 686 (20 U.S.C. 1485)

20 is amended by striking ‘‘each of the fiscal years 1993

21 and 1994’’ and inserting ‘‘each of fiscal years 1993

22 through 1997’’.

23 (2) EFFECTIVE DATE.—The amendment made by

24 paragraph (1) shall take effect on the date of enact25 ment of this Act.
522

•S 1578 RS

1 (b) REAUTHORIZATION THROUGH FISCAL YEAR

2 2002.—Part H (20 U.S.C. 1471 et seq.) (as amended in

3 section 615) is further amended by adding at the end the

4 following:

5 ‘‘SEC. 687. AUTHORIZATION OF APPROPRIATIONS.

6 ‘‘There are authorized to be appropriated to carry out

7 this part such sums as may be necessary for each of the

8 fiscal years 1998 through 2002.’’.

9 SEC. 617. EFFECTIVE DATE.

10 Except as provided in section 616(a), this title, and

11 the amendments made by this title, shall take effect on Octo12 ber 1, 1997.