II

103D CONGRESS

2D SESSION S. 2144

To amend the Individuals with Disabilities Education Act to provide family

support for families of children with disabilities, and for other purposes.

IN THE SENATE OF THE UNITED STATES

MAY 23 (legislative day, May 16), 1994

Mr. HARKIN (for himself, Mr. JEFFORDS, Mr. KENNEDY, Mr. SIMON, Mr.

DODD, Mr. LEAHY, Mr. METZENBAUM, and Mr. WELLSTONE) introduced

the following bill; which was read twice and referred to the Committee

on Labor and Human Resources

A BILL

To amend the Individuals with Disabilities Education Act

to provide family support for families of children with

disabilities, 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,

3 SECTION 1. SHORT TITLE.

4 (a) This Act may be cited as the ‘‘Support for Fami5 lies with Children With Disabilities Act of 1994’’.
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1 SEC. 2. FAMILY SUPPORT FOR FAMILIES OF CHILDREN

2 WITH DISABILITIES.

3 The Individuals with Disabilities Education Act (20

4 U.S.C. 1400 et seq.) is amended by adding at the end

5 the following new part:

6 ‘‘PART I—FAMILY SUPPORT

7 ‘‘SEC. 701. SHORT TITLE.

8 ‘‘This part may be cited as the ‘Families of Children

9 With Disabilities Support Act of 1994.’

10 ‘‘SEC. 702. FINDINGS, PURPOSES, AND POLICY.

11 ‘‘(a) FINDINGS.—The Congress makes the following

12 findings:

13 ‘‘(1) It is in the best interest of our Nation to

14 preserve, strengthen, and maintain the family.

15 ‘‘(2) Families are the greatest natural resource

16 available to their children and are the major provid17 ers of support, care, and training of their children.

18 ‘‘(3) Families of children with disabilities enrich

19 the lives of all citizens through the contributions of

20 such families to the economic, health, and social fab21 ric of their community, State and Nation.

22 ‘‘(4) A growing number of families are search23 ing for ways to empower themselves to raise their

24 children with disabilities at home and in their com25 munities. Supporting such families to enable them to
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1 care for their children with disabilities at home is ef2 ficient and cost-effective.

3 ‘‘(5) Children, including children with disabil4 ities, benefit from enduring family relationships in a

5 nurturing home environment.

6 ‘‘(6) Many families experience exceptionally

7 high financial outlays and significant physical and

8 emotional challenges in meeting the special needs of

9 their children with disabilities.

10 ‘‘(7) There are financial disincentives for fami11 lies to care for their children with disabilities at

12 home.

13 ‘‘(8) Most families of children with disabilities

14 do not have access to family-centered and family-di15 rected services to support such families in their ef16 forts to care for their children with disabilities at

17 home.

18 ‘‘(9) There is a need in each State for a com19 prehensive, coordinated, interagency system of fam20 ily support that is family-centered and family-di21 rected, is easily accessible, avoids duplication, uses

22 existing resources more efficiently, and prevents

23 gaps in services to families in all areas of the State.

24 ‘‘(10) The goals of the Nation properly include

25 the goal of providing families of children with dis-
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1 abilities the family support necessary to accomplish

2 the following:

3 ‘‘(A) To support the family.

4 ‘‘(B) To enable families of children with

5 disabilities to nurture and enjoy their children

6 at home.

7 ‘‘(C) To enable families to make informed

8 choices and decisions regarding the nature of

9 services, supports, and resources made available

10 to such families.

11 ‘‘(b) PURPOSES.—The purposes of this part are as

12 follows:

13 ‘‘(1) To provide financial assistance to the

14 States to support systems change and advocacy ac15 tivities designed to assist each State to develop and

16 implement, or expand and enhance, a family-cen17 tered and family-directed, culturally competent, com18 munity-centered, comprehensive, statewide system of

19 family support for families of children with disabil20 ities that is designed to—

21 ‘‘(A) ensure the full participation, choice

22 and control of families of children with disabil23 ities in decisions related to the provision of fam24 ily support for their family;
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1 ‘‘(B) ensure the active involvement of fam2 ilies of children with disabilities in the planning,

3 development, implementation, and evaluation of

4 such a statewide system;

5 ‘‘(C) increase the availability of, funding

6 for, access to, and provision of family support

7 for families of children with disabilities;

8 ‘‘(D) promote training activities that are

9 family-centered and family-directed and that

10 enhance the ability of family members of chil11 dren with disabilities to advocate for increased

12 access to, funding for, and provision of family

13 support;

14 ‘‘(E) increase and promote interagency co15 ordination among State agencies, and between

16 State agencies and private entities that are in17 volved in carrying out activities under section

18 708;

19 ‘‘(F) increase the awareness of laws, regu20 lations, policies, practices, procedures, and or21 ganizational structures, which facilitate the

22 availability or provision of family support; and

23 ‘‘(G) facilitate the changing of laws, regu24 lations, policies, practices, procedures, and or-
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1 ganizational structures, which impede the avail2 ability or provision of family support.

3 ‘‘(2) To identify Federal policies that facilitate

4 or impede family support and that are consistent

5 with the principles in subsection (c).

6 ‘‘(3) To enhance the ability of the Federal Gov7 ernment to—

8 ‘‘(A) provide States with technical assist9 ance and information relating to the provision

10 of family support;

11 ‘‘(B) conduct an evaluation of the program

12 of grants to States; and

13 ‘‘(C) provide funding for model demonstra14 tion and innovation projects.

15 ‘‘(c) POLICY.—It is the policy of the United States

16 that all programs, projects, and activities receiving assist17 ance under this part shall be family-centered and family18 directed and shall be carried out in a manner consistent

19 with the following principles:

20 ‘‘(1) Family support must focus on the needs of

21 the entire family.

22 ‘‘(2) Families of children with disabilities

23 should be supported in determining their needs and

24 in making decisions concerning necessary, desirable,

25 and appropriate services.
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1 ‘‘(3) Families should play decisionmaking roles

2 in policies and programs that affect the lives of such

3 families.

4 ‘‘(4) Family needs change over time and family

5 support must offer options that are flexible and re6 sponsive to the unique needs and strengths and cul7 tural values of individual families.

8 ‘‘(5) Family support is proactive and not solely

9 in response to a crisis.

10 ‘‘(6) Families must be supported in their efforts

11 to promote the integration and inclusion of their

12 children with disabilities into all aspects of commu13 nity life.

14 ‘‘(7) Family support should promote the use of

15 existing social networks, strengthen natural sources

16 of support, and help build connections to existing

17 community resources and services.

18 ‘‘(8) Youth with disabilities should be involved

19 in decisionmaking about their own lives, consistent

20 with the unique strengths, resources, priorities, con21 cerns, abilities and capabilities of each such youth.

22 ‘‘(9) Services and supports must be provided in

23 a manner that demonstrates respect for individual

24 dignity, personal responsibility, self-determination,
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1 personal preferences, and cultural differences of

2 families.

3 ‘‘SEC. 703. DEFINITIONS.

4 ‘‘For the purposes of this part, only the following

5 definitions shall apply:

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

7 ‘child with a disability’ means an individual who

8 from birth through 21 years of age meets the defini9 tion of disability under paragraph (4).

10 ‘‘(2) COUNCIL.—The term ‘Council’ means a

11 State Family Support Policy Council established by

12 a State under section 707.

13 ‘‘(3) CULTURALLY COMPETENT.—The term

14 ‘culturally competent’ means services, supports, or

15 other assistance that is conducted or provided in a

16 manner that—

17 ‘‘(A) is responsive to the beliefs, inter18 personal styles, attitudes, language, and behav19 iors of those individuals receiving services; and

20 ‘‘(B) has the greatest likelihood of ensur21 ing maximum participation of such individuals.

22 ‘‘(4) DISABILITY.—The term ‘disability’

23 means—

24 ‘‘(A) in the case of an individual 6 years

25 of age or older, a significant physical or mental
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1 impairment as defined pursuant to State policy

2 to the extent that such policy is established

3 without regard to type of disability; and

4 ‘‘(B) in the case of infants and young chil5 dren, birth to age 5, inclusive, a substantial de6 velopmental delay or specific congenital or ac7 quired conditions with a high probability of re8 sulting in a disability if services are not pro9 vided.

10 ‘‘(5) EXISTING COUNCIL.—The term ‘existing

11 Council’ means a State Family Support Policy

12 Council that is established by a State prior to the

13 date on which the State submits an application for

14 funding under this part.

15 ‘‘(6) FAMILY.—The term ‘family’ means a

16 group of interdependent persons residing in the

17 same household that consists of a child with a dis18 ability and one or more of the following:

19 ‘‘(A) A mother, father, brother, sister or

20 any combination.

21 ‘‘(B) Extended blood relatives, such as a

22 grandparent, aunt, or uncle.

23 ‘‘(C) An adoptive parent.
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1 ‘‘(D) One or more persons to whom legal

2 custody of a child with a disability has been

3 given by a court.

4 ‘‘(E) Short-term foster care that includes a

5 family reunification plan with the biological

6 family.

7 The term does not include employees in settings

8 such as hospitals, nursing homes, personal care

9 homes, board and care homes, group homes, or any

10 other facilities.

11 ‘‘(7) FAMILY-CENTERED AND FAMILY-DI12 RECTED.—The term ‘family-centered and family-di13 rected’ means, with respect to a service or program,

14 that the service or program—

15 ‘‘(A) facilitates the full participation,

16 choice, and control by families of children with

17 disabilities in—

18 ‘‘(i) decisions relating to the supports

19 that will meet the priorities of the family;

20 and

21 ‘‘(ii) the planning, development, im22 plementation, and evaluation of the state23 wide system of family support for families

24 of children with disabilities;
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1 ‘‘(B) responds to the needs of the entire

2 family of a child with a disability in a timely

3 and appropriate manner; and

4 ‘‘(C) is easily accessible to and usable by

5 families of children with disabilities.

6 ‘‘(8) FAMILY SATISFACTION.—The term ‘family

7 satisfaction’ means the extent to which a service or

8 support meets a need, solves a problem, or adds

9 value for a family, as determined by the individual

10 family.

11 ‘‘(9) FAMILY SUPPORT.—The term ‘family sup12 port’—

13 ‘‘(A) means supports, resources, services,

14 and other assistance provided to families of

15 children with disabilities that are designed to—

16 ‘‘(i) support families in the efforts of

17 such families to raise their children with

18 disabilities in the family home;

19 ‘‘(ii) strengthen the role of the family

20 as primary caregiver;

21 ‘‘(iii) prevent inappropriate and un22 wanted out-of-the-home placement and

23 maintain family unity; and
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1 ‘‘(iv) reunite families with children

2 with disabilities who have been placed out

3 of the home, whenever possible; and

4 ‘‘(B) includes—

5 ‘‘(i) service coordination that includes

6 individualized planning and brokering for

7 services with families in control of decision8 making;

9 ‘‘(ii) goods and services, which may

10 include specialized diagnosis and evalua11 tion, adaptive equipment, respite care (in

12 and out of the home), personal assistance

13 services, homemaker or chore services, be14 havioral supports, assistive technology

15 services and devices, permanency or future

16 planning, home and vehicle modifications

17 and repairs, equipment and consumable

18 supplies, transportation, specialized nutri19 tion and clothing, counseling services and

20 mental health services for family members,

21 family education or training services, com22 munication services, crisis intervention,

23 day care and child care for a child with a

24 disability, supports and services for inte25 grated and inclusive community activities,
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1 parent or family member support groups,

2 peer support, sitter service or companion

3 service, and education aids; and

4 ‘‘(iii) financial assistance, which may

5 include discretionary cash subsidies, allow6 ances, voucher or reimbursement systems,

7 low-interest loans, or lines of credit.

8 ‘‘(10) INTEGRATION AND INCLUSION.—The

9 term ‘integration and inclusion’ with respect to chil10 dren with disabilities and their families means—

11 ‘‘(A) the use of the same community re12 sources that are used by and available to other

13 individuals and families;

14 ‘‘(B) the full and active participation in

15 the same community activities and utilization of

16 the same community resources as individuals

17 without disabilities, living, learning, working,

18 and enjoying life in regular contact with indi19 viduals without disabilities; and

20 ‘‘(C) having friendships and relationships

21 with individuals and families of their own

22 choosing.

23 ‘‘(11) LEAD ENTITY.—The term ‘lead entity’

24 means an office or entity described in section 706.
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1 ‘‘(12) SECRETARY.—The term ‘Secretary’

2 means the Secretary of Health and Human Services.

3 ‘‘(13) SERVICE COORDINATION.—The term

4 ‘service coordination’—

5 ‘‘(A) means those family-centered and fam6 ily-directed activities that assist and enable

7 families to receive rights and procedural safe8 guards and to gain access to social, medical,

9 legal, educational and other supports and serv10 ices; and

11 ‘‘(B) includes—

12 ‘‘(i) follow-along services that assure,

13 through a continuing relationship between

14 a family of a child with a disability and an

15 individual or entity, that the changing

16 needs of the child and family are recog17 nized and appropriately met;

18 ‘‘(ii) the coordination and monitoring

19 of services provided to children with dis20 abilities and their families;

21 ‘‘(iii) the provision of information to

22 children with disabilities and their families

23 about the availability of services and as24 sistance to such children and their families

25 in obtaining appropriate services; and
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1 ‘‘(iv) the facilitation and organization

2 of existing social networks, and natural

3 sources of support, and community re4 sources and services.

5 ‘‘(14) STATEWIDE SYSTEM OF FAMILY SUP6 PORT.—The term ‘statewide system of family sup7 port’ means a family-centered and family-directed,

8 culturally competent, community-centered, com9 prehensive, statewide system of family support devel10 oped and implemented by a State under this part

11 that—

12 ‘‘(A) addresses the needs of all families of

13 children with disabilities, including unserved

14 and underserved populations; and

15 ‘‘(B) addresses such needs without regard

16 to the age, type of disability, race, ethnicity, or

17 gender of such children or the particular major

18 life activity for which such children need the as19 sistance.

20 ‘‘(15) SYSTEMS CHANGE AND ADVOCACY AC21 TIVITIES.—The term ‘systems change and advocacy

22 activities’ means efforts that result in laws, regula23 tions, policies, practices, or organizational struc24 tures—
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1 ‘‘(A) that are family-centered and family2 directed;

3 ‘‘(B) that facilitate and increase access to,

4 provision of, and funding for, family support

5 services for families of children with disabilities;

6 and

7 ‘‘(C) otherwise accomplish the purposes of

8 this part.

9 ‘‘(16) UNSERVED AND UNDERSERVED POPU10 LATIONS.—The term ‘unserved and underserved

11 populations’ includes populations such as individuals

12 from racial and ethnic minority backgrounds, dis13 advantaged individuals, individuals with limited-Eng14 lish proficiency, individuals from underserved geo15 graphic areas (rural or urban), and specific groups

16 of individuals within the population of individuals

17 with disabilities, including individuals with disabil18 ities attributable to physical impairment, mental im19 pairment, or a combination of physical and mental

20 impairments.

21 ‘‘SEC. 704. GRANTS TO STATES.

22 ‘‘(a) IN GENERAL.—The Secretary shall make grants

23 to States in accordance with the provisions of this part

24 to support systems change and advocacy activities de25 signed to assist States to develop and implement, or ex-
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1 pand and enhance, a statewide system of family support

2 that accomplishes the purposes described in section 702.

3 ‘‘(b) NUMBER OF GRANTS TO BE AWARDED.—From

4 amounts appropriated under section 716(a), the Secretary

5 shall award any number of grants on a competitive basis,

6 to the extent appropriate applications are submitted.

7 ‘‘(c) AWARD PERIOD.—Grants shall be awarded for

8 a period of 3 years.

9 ‘‘(d) AMOUNT OF GRANTS.—

10 ‘‘(1) GRANTS TO STATES.—From amounts ap11 propriated under section 716(a), the Secretary shall

12 pay to each State that has an application approved

13 under section 705, for each year of the grant period,

14 an amount that is not less than $200,000 and not

15 more than $500,000.

16 ‘‘(2) GRANTS TO TERRITORIES.—From

17 amounts appropriated under section 716(a) for any

18 fiscal year, the Secretary shall pay to each territory

19 that has an application approved under section 705

20 not more than $100,000.

21 ‘‘(3) CALCULATION OF AMOUNTS.—The Sec22 retary shall calculate a grant amount described in

23 paragraph (1) or (2) on the basis of the following:

24 ‘‘(A) The amounts available for making

25 grants under this section.
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1 ‘‘(B) The child population of the State or

2 territory concerned.

3 ‘‘(4) DEFINITIONS.—As used in this subsection:

4 ‘‘(A) STATE.—The term ‘State’ means

5 each of the 50 States of the United States, the

6 District of Columbia, and the Commonwealth of

7 Puerto Rico.

8 ‘‘(B) TERRITORY.—The term ‘territory’

9 means the United States Virgin Islands, Guam,

10 American Samoa, the Commonwealth of the

11 Northern Mariana Islands, or the Republic of

12 Palau (until the Compact of Free Association

13 takes effect).

14 ‘‘(e) PRIORITY FOR PREVIOUSLY PARTICIPATING

15 STATES.—Amounts appropriated for purposes of carrying

16 out the provisions of this section in each of the 2 fiscal

17 years succeeding the fiscal year in which amounts are first

18 appropriated for such purposes shall first be made avail19 able to a State that—

20 ‘‘(1) received a grant under this section during

21 the fiscal year preceding the fiscal year concerned;

22 and

23 ‘‘(2) is making significant progress in accord24 ance with section 710.
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1 ‘‘(f) PRIORITIES FOR DISTRIBUTION.—To the extent

2 practicable, the Secretary shall award grants to States

3 under this section in a manner that—

4 ‘‘(1) is geographically equitable; and

5 ‘‘(2) distributes the grants among States that

6 have differing levels of development of statewide sys7 tems of family support.

8 ‘‘SEC. 705. APPLICATION.

9 ‘‘A State that desires to receive a grant under this

10 part shall submit an application to the Secretary that con11 tains the following information and assurances:

12 ‘‘(1) FAMILY-CENTERED AND FAMILY-DI13 RECTED APPROACH.—An assurance that the State

14 will use funds made available under this part to ac15 complish the purposes described in section 702 and

16 the goals, objectives, and family-centered outcomes

17 described in section 709(b) by carrying out systems

18 change and advocacy activities in partnership with

19 families and in a manner that is family-centered and

20 family-directed.

21 ‘‘(2) DESIGNATION OF THE LEAD ENTITY.—In22 formation identifying the lead entity, and evidence

23 documenting the abilities of such entity.

24 ‘‘(3) STATE FAMILY SUPPORT POLICY COUN25 CIL.—An assurance of the following:
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1 ‘‘(A) The State has established a Council

2 that meets the criteria set forth in section 707.

3 ‘‘(B) The lead entity will seek and consider

4 on a regular and ongoing basis advice from the

5 Council regarding the development and imple6 mentation of the strategic plan under section

7 709, and other policies and procedures of gen8 eral applicability pertaining to the provision of

9 family support in the State.

10 ‘‘(C) The lead entity will include, in its an11 nual progress reports, a summary of advice pro12 vided by the Council, including recommenda13 tions from the annual report of the Council and

14 the response of the lead entity to such advice

15 and recommendations.

16 ‘‘(D) The lead entity will transmit to the

17 Council any other plans, reports, and other in18 formation required under this part.

19 ‘‘(4) FAMILY INVOLVEMENT.—A description of

20 the following:

21 ‘‘(A) The nature and extent of the involve22 ment of families of children with disabilities and

23 individuals with disabilities in the development

24 of the application.
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1 ‘‘(B) Strategies for actively involving fami2 lies of children with disabilities and individuals

3 with disabilities in the development, implemen4 tation, and evaluation of the statewide system

5 of family support.

6 ‘‘(C) Strategies for actively involving fami7 lies of children with disabilities who use family

8 support services in decisions relating to such

9 services.

10 ‘‘(5) AGENCY INVOLVEMENT.—A description of

11 the nature and extent of involvement of various

12 State agencies or units within State agencies in the

13 preparation of the application and the continuing

14 role of each agency in the development and imple15 mentation, or expansion and enhancement, of the

16 statewide system of family support, including the

17 identification of the available resources of each agen18 cy for family support.

19 ‘‘(6) STATE RESOURCES.—A description of the

20 State resources and other resources that are avail21 able to commit to the development and implementa22 tion, or expansion and enhancement, of a statewide

23 system of family support.

24 ‘‘(7) UNMET NEEDS.—A description of unmet

25 needs for family support within the State, including
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1 a summary of existing information regarding the

2 number, types, and geographic distribution of

3 unserved and underserved families, and of previous

4 and ongoing efforts to develop and implement, or ex5 pand and enhance, a statewide system of family sup6 port.

7 ‘‘(8) PRELIMINARY PLAN.—A preliminary plan

8 that contains information on the program to be car9 ried out under the grant with respect to the goals

10 and objectives of the State for the program and the

11 activities that the State plans to carry out under the

12 program (including the process for appointing indi13 viduals to the Council) and that is consistent with

14 the purposes of this part. Such preliminary plan

15 shall be reviewed and revised as part of the strategic

16 planning requirement. Such plan shall identify strat17 egies to ensure the full participation of families from

18 unserved and underserved groups.

19 ‘‘(9) ACTIVITIES.—An assurance that, except

20 for the first year of the grant, the State shall expend

21 not less than 65 percent of the funds made available

22 to a State under this part for grants and contracts

23 to conduct the activities described in section 708.

24 ‘‘(10) LIMIT ON ADMINISTRATIVE COSTS.—An

25 assurance that the lead entity that receives funding
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1 under this part in any fiscal year shall use not more

2 than 8 percent of such funds in such year for ad3 ministrative expenses. Such administrative expenses

4 shall not include expenses related to the activities of

5 the Council.

6 ‘‘(11) STRATEGIC PLAN.—A description of the

7 steps that will be taken by the State to develop a

8 strategic plan in accordance with section 709.

9 ‘‘(12) EVALUATION.—An assurance that the

10 State will conduct an annual evaluation of the state11 wide system of family support in accordance with

12 section 710.

13 ‘‘(13) DATA COLLECTION.—A description of the

14 data collection system to be used for compiling infor15 mation as required by the Secretary and the proce16 dures that will be used to conduct evaluations of the

17 system.

18 ‘‘(14) REPORTS.—An assurance that the State

19 will carry out the following activities:

20 ‘‘(A) Preparation and submission of re21 ports, including annual progress reports as de22 scribed in section 710, to the Secretary in such

23 form and containing such information as the

24 Secretary may require.
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1 ‘‘(B) Maintenance of such records and al2 lowance of access to such records as the Sec3 retary may require to ensure the correctness

4 and verification of information provided to the

5 Secretary under this paragraph.

6 ‘‘(15) COORDINATION WITH STATE AND LOCAL

7 COUNCILS.—An assurance that the lead entity will

8 coordinate the activities funded through a grant

9 made under this part with the activities carried out

10 by other councils within the State, including the fol11 lowing councils:

12 ‘‘(A) The State Developmental Disabilities

13 Planning Council, established under the Devel14 opmental Disabilities Assistance and Bill of

15 Rights Act.

16 ‘‘(B) The State Interagency Coordinating

17 Council, established under the Individuals with

18 Disabilities Education Act.

19 ‘‘(C) Local or regional family support

20 councils within the State, to the extent that

21 such councils exist.

22 ‘‘(16) AVAILABILITY OF INFORMATION.—An as23 surance that the State will make available informa24 tion to family members of children with disabilities,

25 and to agencies and organizations that are in con-
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1 tact with such families, concerning family support

2 policies and programs. Such information shall be

3 available in a form that will allow such family mem4 bers to effectively use such information. In prepara5 tion of such information, the State shall consider the

6 needs of family members with disabilities, and fami7 lies of diverse racial and ethnic backgrounds.

8 ‘‘(17) PARTICIPATION.—An assurance that the

9 State will take affirmative measures to assure that

10 participation in programs under this part is geo11 graphically representative of the State, and reflects

12 the diversity of the State with respect to race, eth13 nicity, and socioeconomic status.

14 ‘‘(18) STATE POLICIES WITH RESPECT TO CON15 TRACTS AND AGREEMENTS.—A description of the

16 policies governing contracts, grants, and other ar17 rangements with public agencies, private-nonprofit

18 organizations, and other entities or individuals for

19 the purposes of providing family support consistent

20 with the provisions of this part.

21 ‘‘(19) SUPPLEMENT OTHER FUNDS.—An assur22 ance, with respect to amounts received under a

23 grant, of the following:

24 ‘‘(A) Such grant will be used to supple25 ment and not supplant amounts available from
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1 other sources that are expended for family sup2 port programs, including the provision of family

3 support.

4 ‘‘(B) Such grant will not be used to pay a

5 financial obligation for family support that

6 would have been paid with amounts available

7 from other sources if amounts under such grant

8 had not been available unless the following cir9 cumstances occur:

10 ‘‘(i) Such payment is made only to

11 prevent a delay in the receipt of family

12 support by a family of a child with a dis13 ability.

14 ‘‘(ii) The entity or agency responsible

15 subsequently reimburses the appropriate

16 account with respect to programs and ac17 tivities under the grant in an amount equal

18 to the amount of such payment.

19 ‘‘(20) AUTHORITY TO USE FUNDS.—An assur20 ance that the lead entity will have the authority to

21 use funds made available under this part to comply

22 with the requirements of this part, including the

23 ability to hire qualified staff necessary to carry out

24 activities under the program.
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1 ‘‘(21) COMMINGLING OF FUNDS.—An assurance

2 that amounts received under the grant will not be

3 commingled with State or other funds.

4 ‘‘(22) FISCAL CONTROL AND ACCOUNTING PRO5 CEDURES.—An assurance that the State will adopt

6 such fiscal control and accounting procedures as

7 may be necessary to ensure proper disbursement of

8 and accounting for amounts received under the

9 grant.

10 ‘‘(23) COMPLIANCE WITH PART.—An assurance

11 that amounts received under the grant will be ex12 pended in accordance with the provisions of this

13 part.

14 ‘‘(24) OTHER INFORMATION AND ASSUR15 ANCES.—Such other information and assurances as

16 the Secretary may reasonably require.

17 ‘‘SEC. 706. DESIGNATION OF THE LEAD ENTITY.

18 ‘‘(a) DESIGNATION.—The Chief Executive Officer of

19 a State that desires to receive a grant under section 704,

20 shall designate the office or entity (referred to in this part

21 as the ‘‘lead entity ’’) responsible for—

22 ‘‘(1) submitting the application under section

23 705 on behalf of the State;

24 ‘‘(2) administering and supervising the use of

25 the amounts made available under the grant;
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1 ‘‘(3) coordinating efforts related to and super2 vising the preparation of the application;

3 ‘‘(4) coordinating the planning, development,

4 implementation (or expansion and enhancement),

5 and evaluation of a statewide system of family sup6 port services among public agencies and between

7 public agencies and private agencies, including co8 ordinating efforts related to entering into inter9 agency agreements; and

10 ‘‘(5) coordinating efforts related to the mean11 ingful participation by families with respect to activi12 ties carried out under a grant awarded under this

13 part.

14 ‘‘(b) QUALIFICATIONS.—In designating the lead en15 tity, the Chief Executive Officer may designate—

16 ‘‘(1) an office of the Chief Executive Officer;

17 ‘‘(2) a commission appointed by the Chief Exec18 utive Officer;

19 ‘‘(3) a public agency;

20 ‘‘(4) a council established under Federal or

21 State law; or

22 ‘‘(5) another appropriate office, agency, or en23 tity.

24 ‘‘(c) CAPABILITIES OF THE LEAD ENTITY.—The

25 State shall provide, in accordance with the requirements
29

•S 2144 IS

1 of section 705, evidence that the lead entity has the capac2 ity—

3 ‘‘(1) to promote a statewide system of family

4 support throughout the State;

5 ‘‘(2) to promote and implement systems change

6 and advocacy activities;

7 ‘‘(3) to maximize access to public and private

8 funds for family support services;

9 ‘‘(4) to exercise leadership in implementing ef10 fective strategies for capacity building, family and

11 professional training, and access to and funding for

12 family support services across agencies;

13 ‘‘(5) to promote and facilitate the implementa14 tion of family support services that are family-cen15 tered and family-directed, and flexible, and that pro16 vide families with the greatest possible decisionmak17 ing authority and control regarding the nature and

18 use of services and supports;

19 ‘‘(6) to promote leadership by families in plan20 ning, policy development, implementation, and eval21 uation of family support services, and parent-profes22 sional partnerships; and

23 ‘‘(7) to promote and develop interagency coordi24 nation and collaboration.
30

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1 ‘‘SEC. 707. STATE FAMILY SUPPORT POLICY COUNCIL.

2 ‘‘(a) ESTABLISHMENT.—A State that desires to re3 ceive financial assistance under this part shall, prior to

4 the receipt of funds under this part, establish a State

5 Family Support Policy Council.

6 ‘‘(b) APPOINTMENTS.—

7 ‘‘(1) MEMBERS.—Members of the Council shall

8 be appointed by the Chief Executive Officer of the

9 State or the appropriate official within the State re10 sponsible for making appointments in accordance

11 with subsection (c). The appointing authority shall

12 select members after soliciting recommendations

13 from the State Developmental Disabilities Council,

14 parent or family advocacy organizations, and other

15 organizations representing the full range of disabil16 ities covered under this part. The appointing author17 ity shall ensure that the membership of the Council

18 reasonably represents the population of the State

19 and shall establish guidelines for terms of Council

20 members.

21 ‘‘(2) CHAIRPERSON.—The Council shall elect a

22 member of the Council to serve as the Chairperson

23 of the Council. The Chairperson shall be a family

24 member, as described in subsection (c)(1), and may

25 not be an employee of a State agency. The term of
31

•S 2144 IS

1 the Chairperson shall not exceed two 2-year terms or

2 one 4-year term.

3 ‘‘(c) COMPOSITION.—The Council shall be composed

4 of—

5 ‘‘(1) a majority of members who are—

6 ‘‘(A) individuals who are family members

7 of children with disabilities and who are—

8 ‘‘(i) from families that have within

9 such families a range of ages of children

10 with disabilities and a range of types and

11 severity of disabilities among family mem12 bers;

13 ‘‘(ii) representative of the racial and

14 ethnic population of the State and of the

15 geographic areas of the State;

16 ‘‘(iii) members of local family support

17 councils, where such councils exist; and

18 ‘‘(iv) eligible for family support; and

19 ‘‘(B) children with disabilities, from age 18

20 to 21, and are representative of the racial and

21 ethnic population of the State and of the geo22 graphic areas of the State;

23 ‘‘(2) at least one member from each of the

24 State agencies with significant responsibility for the

25 provision of, or payment for, family support services
32

•S 2144 IS

1 to families of children with disabilities, who has suf2 ficient authority to engage in policy planning and

3 implementation on behalf of such agencies, and from

4 the office of the Chief Executive Officer of the State

5 with responsibility with respect to budget and fi6 nance;

7 ‘‘(3) a representative of the State legislature;

8 ‘‘(4) at least one member who is a public or pri9 vate provider of family support services; and

10 ‘‘(5) at least one member who is involved with

11 the education and training of personnel employed to

12 work with children with disabilities and their fami13 lies.

14 ‘‘(d) MEETINGS.—The Council shall meet at least

15 quarterly and in such places as it deems necessary. The

16 meetings shall be publicly announced, and, to the extent

17 appropriate, open and accessible to the general public.

18 ‘‘(e) FUNCTIONS.—The Council shall—

19 ‘‘(1) establish policies regarding the operation

20 of the Council;

21 ‘‘(2) advise and assist the lead entity in the

22 performance of responsibilities described in section

23 706(a), particularly the promotion of interagency

24 agreements and the promotion of meaningful partici-
33

•S 2144 IS

1 pation by families in all aspects of the statewide sys2 tem of family support;

3 ‘‘(3) advise and assist State agencies in the de4 velopment of policies and procedures relating to the

5 provision of family support in the State;

6 ‘‘(4) advise and assist the lead entity in the de7 velopment of all aspects of a strategic plan under

8 section 709, including—

9 ‘‘(A) the mission, philosophy, values and

10 principles of the statewide system of family sup11 port;

12 ‘‘(B) the statement of family-centered out13 comes;

14 ‘‘(C) the goals, objectives, and activities;

15 ‘‘(D) the quality improvement or quality

16 enhancement system;

17 ‘‘(E) the appeals process;

18 ‘‘(F) the eligibility criteria to be used for

19 all programs, projects, and activities carried out

20 under this part;

21 ‘‘(G) the analysis of the extent to which

22 family support is defined as a benefit and not

23 as income; and

24 ‘‘(H) the approach to the evaluation of the

25 statewide system of family support;
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•S 2144 IS

1 ‘‘(5) advise and assist the lead entity in the im2 plementation of systems change and advocacy activi3 ties;

4 ‘‘(6) advise and assist the lead entity in assess5 ing family satisfaction with the statewide system of

6 family support;

7 ‘‘(7) review, analyze, and comment on the stra8 tegic plan and updates to the plan, progress reports,

9 and annual budgets;

10 ‘‘(8) advise and assist the lead entity in the

11 identification of Federal and State barriers that im12 pede the development of a statewide system of fam13 ily support; and

14 ‘‘(9) prepare and submit to the Chief Executive

15 Officer of the State, the State legislature, and to the

16 Secretary an annual report on the status of family

17 support services for families of children with disabil18 ities, and make such report available to the public.

19 ‘‘(f) HEARINGS AND FORUMS.—The Council is au20 thorized to hold such hearings and forums as the Council

21 may determine to be necessary to carry out the duties of

22 the Council.

23 ‘‘(g) CONFLICT OF INTEREST.—No member of the

24 Council shall cast a vote on any matter that would provide

25 direct financial benefit to such member or otherwise give
35

•S 2144 IS

1 the appearance of a conflict of interest under applicable

2 State law.

3 ‘‘(h) COMPENSATION AND EXPENSES.—The Council

4 may, consistent with State law, use such resources to re5 imburse members of the Council for reasonable and nec6 essary expenses of attending Council meetings and per7 forming Council duties (including child care and personal

8 assistance services), and to pay compensation to a member

9 of the Council, if such member is not employed or must

10 forfeit wages from other employment, for each day the

11 member is engaged in performing Council duties.

12 ‘‘(i) USE OF EXISTING COUNCIL.—

13 ‘‘(1) IN GENERAL.—To the extent that a State

14 has an existing Council, the existing Council shall be

15 considered in compliance with this section if the ex16 isting Council meets the requirements under para17 graph (2).

18 ‘‘(2) REQUIREMENTS.—An existing Council

19 shall—

20 ‘‘(A) carry out functions that are com21 parable to the functions described in subsection

22 (e);

23 ‘‘(B) include a majority of members who

24 are family members of children with disabilities
36

•S 2144 IS

1 and who are children with disabilities (from age

2 18 to 21); and

3 ‘‘(C) in the case in which the existing

4 Council does not represent the full range of

5 families and individuals described in subsection

6 (c)(1), adopt strategies that will ensure the full

7 participation of such families and individuals in

8 all activities carried out by the Council.

9 ‘‘(3) TIMELINE FOR COMPLIANCE.—

10 ‘‘(A) STATUTORY.—In those States in

11 which the existing Council is established by

12 State statute and such statute must be amend13 ed to bring the existing Council into compliance

14 with subsections (a) through (h), the State stat15 ute must be amended, not later than 24 months

16 after the date on which the State accepts funds

17 under this part, to ensure that the existing

18 Council is in compliance.

19 ‘‘(B) NONSTATUTORY.—In those States in

20 which an amendment to State statute is not

21 necessary in order to bring the existing Council

22 in compliance with subsections (a) through (h),

23 the State shall ensure that the existing Council

24 is in compliance with this section not later than
37

•S 2144 IS

1 6 months after the date on which the State ac2 cepts funds under this part.

3 ‘‘(4) DOCUMENTATION OF COMPLIANCE.—Any

4 State that has an existing Council shall include in

5 a grant application submitted under section 705 and

6 in subsequent annual progress reports submitted to

7 the Secretary under section 710, a description of the

8 measures that are being taken or that are planned,

9 to ensure that the existing Council of the State com10 plies with this section.

11 ‘‘SEC. 708. AUTHORIZED ACTIVITIES.

12 ‘‘A State that receives a grant under section 704 may

13 use the funds made available through the grant to carry

14 out such systems change and advocacy activities that ac15 complish the purposes described in section 702, including

16 the following activities:

17 ‘‘(1) TRAINING AND TECHNICAL ASSISTANCE.—

18 The State may support training and technical assist19 ance activities for family members, service providers,

20 community members, professionals, members of the

21 Council, students and others that will do the follow22 ing:

23 ‘‘(A) Enhance the ability of family mem24 bers of children with disabilities to advocate for
38

•S 2144 IS

1 increased access to, funding for, and provision

2 of family support.

3 ‘‘(B) Increase family participation, choice,

4 and control in the provision of family support.

5 ‘‘(C) Promote partnerships with families at

6 all levels of the service system.

7 ‘‘(D) Develop or strengthen family-cen8 tered and family-directed approaches to serv9 ices, including service coordination services,

10 service planning services, and respite care serv11 ices.

12 ‘‘(E) Assist families in accessing natural

13 and community supports and in obtaining bene14 fits and services.

15 ‘‘(2) INTERAGENCY COORDINATION.—The State

16 may support activities that conduct the following:

17 ‘‘(A) Identification and coordination of

18 Federal and State policies, resources, and serv19 ices, relating to the provision of family support

20 services for families with children with disabil21 ities, including entering into interagency agree22 ments.

23 ‘‘(B) Interagency work groups to enhance

24 public funding options and coordinate access to

25 funding for family support services for families
39

•S 2144 IS

1 with children with disabilities, with special at2 tention to the issues of family involvement in

3 the identification, planning, use, delivery, and

4 evaluation of such services.

5 ‘‘(C) Documentation and dissemination of

6 information about interagency activities that

7 promote coordination with respect to family

8 support services, including evidence of increased

9 participation of State and local health, maternal

10 and child health, social service, mental health,

11 mental retardation and developmental disabil12 ities, child protection, education, early interven13 tion, developmental disabilities councils, agen14 cies and departments.

15 ‘‘(3) LOCAL OR REGIONAL COUNCILS.—The

16 State may support the development or enhancement

17 of local or regional councils to review the status of

18 family support in the local or regional area, to ad19 vise and assist with the planning, development, im20 plementation, and evaluation of family support in

21 such local or regional area, and to provide rec22 ommendations to the State regarding improvements

23 and plans.

24 ‘‘(4) OUTREACH.—The State may conduct out25 reach activities to locate families who are eligible for
40

•S 2144 IS

1 family support and to identify groups who are

2 unserved or underserved. Such activities may involve

3 the creation or maintenance of, support of, or provi4 sion of, assistance to statewide and community par5 ent advocacy organizations, and organizations that

6 provide family support to families of children with

7 disabilities.

8 ‘‘(5) ADVOCACY SERVICES.—The State may

9 support advocacy services to enable families of chil10 dren with disabilities to access family support. Such

11 services may include representation of children with

12 disabilities and their families, and training activities

13 that are family-centered and family-directed and

14 that enhance the ability of families of children with

15 disabilities to advocate for increased access to, fund16 ing for, and provision of family support.

17 ‘‘(6) POLICY STUDIES.—The State may support

18 policy studies that relate to the development and im19 plementation, or expansion and enhancement, of a

20 statewide system of family support. Such studies

21 may address issues regarding eligibility and access

22 to services.

23 ‘‘(7) HEARINGS AND FORUMS.—The State may

24 conduct hearings and forums to solicit input from

25 families regarding family support programs, policies,
41

•S 2144 IS

1 and plans. Such hearings and forums may be con2 ducted in collaboration with other statewide councils.

3 ‘‘(8) PUBLIC AWARENESS AND EDUCATION.—

4 The State may develop and disseminate information

5 relating to family support designed to provide infor6 mation to families of children with disabilities, par7 ent advocacy groups and organizations, public and

8 private agencies that are in contact with children

9 with disabilities and families of such children, stu10 dents, policymakers, and the public. Such informa11 tion may relate to the nature, cost, and availability

12 of, and accessibility to, family support, the impact of

13 family support on other benefits, and the efficacy of

14 family support with respect to enhancing the quality

15 of family life.

16 ‘‘(9) NEEDS ASSESSMENT.—The State may

17 conduct a needs assessment, which may, in part, be

18 based on existing State data.

19 ‘‘(10) PROGRAM DATA.—The State may support

20 the compilation and evaluation of appropriate data

21 related to the statewide system of family support.

22 ‘‘(11) PILOT DEMONSTRATION PROJECTS.—The

23 State may support pilot demonstration projects to

24 demonstrate new approaches to the provision of fam25 ily support. Such projects may include the dem-
42

•S 2144 IS

1 onstration of family-centered and family-directed

2 service coordination, approaches to improve access to

3 services, including independent service coordination,

4 peer support networks, and voucher programs.

5 ‘‘(12) OTHER ACTIVITIES.—The State may sup6 port other systems change and advocacy activities

7 that accomplish the purposes described in section

8 702.

9 ‘‘SEC. 709. STRATEGIC PLAN.

10 ‘‘(a) IN GENERAL.—Not later than 1 year after the

11 date on which assistance is received by a State under this

12 part, the lead entity of the State, in conjunction with the

13 Council, shall prepare and submit to the Secretary a stra14 tegic plan designed to achieve the purposes and policy of

15 this part.

16 ‘‘(b) CONTENTS.—The strategic plan shall include—

17 ‘‘(1) a statement of the mission, philosophy,

18 values, and principles of the statewide system of

19 family support in the State;

20 ‘‘(2) a statement of family-centered outcomes to

21 be achieved by the statewide system of family sup22 port;

23 ‘‘(3) specific goals and objectives for developing

24 and implementing, or expanding and improving, the
43

•S 2144 IS

1 system for providing family support services, and for

2 achieving the family-centered outcomes;

3 ‘‘(4) systemic approaches for accomplishing the

4 objectives and achieving the family-centered out5 comes, including interagency coordination and co6 operation, that builds upon state-of-the-art practices

7 and research findings;

8 ‘‘(5) a description of the specific programs,

9 projects, and activities funded under this part and

10 the manner in which the programs, projects, and ac11 tivities accomplish the objectives and achieve the

12 family-centered outcomes;

13 ‘‘(6) a description of an ongoing quality im14 provement or quality enhancement system, which

15 utilizes information from ongoing measurements of

16 the extent to which family-centered outcomes are

17 achieved, to improve the system;

18 ‘‘(7) a description of an appeals process that

19 will be used in resolving any disputes families may

20 have regarding the determination of eligibility or the

21 provision of family support services to the family or

22 to the child with a disability;

23 ‘‘(8) a description of the eligibility criteria to be

24 used to carry out programs, projects, and activities

25 under this part that includes all eligible families;
44

•S 2144 IS

1 ‘‘(9) an analysis of the extent to which family

2 support for an individual family is defined as a bene3 fit and not as income; and

4 ‘‘(10) a description of the plan to conduct an

5 annual evaluation of the statewide system of family

6 support, in conjunction with the Council, to improve

7 such statewide system and to document progress as

8 required by section 710.

9 ‘‘(c) PERIOD AND UPDATES.—The strategic plan

10 shall cover the period of the grant and shall be reviewed

11 and updated on an annual basis to reflect actual experi12 ence and family satisfaction information over the preced13 ing year and input from the Council, families of children

14 with disabilities, and other interested parties.

15 ‘‘(d) RECOMMENDATIONS.—Prior to developing the

16 strategic plan, the State shall solicit input and rec17 ommendations from interested members of the public, ei18 ther by holding public hearings or through an alternative

19 method or methods determined by the lead entity in con20 sultation with the Council. The lead entity shall also ob21 tain the comments and recommendations of the Council.

22 The lead entity, in conjunction with the Council, shall con23 sider the recommendations and attempt to reach a consen24 sus with respect to such recommendations. If the lead en25 tity and the Council are unable to reach a consensus, the
45

•S 2144 IS

1 lead entity shall include a written explanation of the rea2 son a consensus was not reached in the strategic plan.

3 ‘‘(e) COMMENT.—The State shall develop a procedure

4 for ensuring ongoing comment from the Council.

5 ‘‘(f) DISSEMINATION.—The State shall widely dis6 seminate the strategic plan to families of children with dis7 abilities, parent advocacy organizations, and other inter8 ested persons.

9 ‘‘(g) CONSTRUCTION.—Nothing in this section shall

10 be construed to prevent a State from using an existing

11 statewide strategic plan or parts thereof to meet the re12 quirements of this section as long as such plan or the ap13 plicable parts thereof meet the specifications of this sec14 tion.

15 ‘‘SEC. 710. PROGRESS CRITERIA AND REPORTS.

16 ‘‘(a) GUIDELINES.—The Secretary shall develop

17 guidelines to be used in assessing the extent to which a

18 State that received a grant under section 704 is making

19 significant progress in developing and implementing, or

20 expanding and enhancing, a statewide system of family

21 support consistent with the purposes of this part.

22 ‘‘(b) PROGRESS REPORTS.—A State that receives a

23 grant under section 704 shall submit annually to the Sec24 retary a report that documents progress in developing and

25 implementing, or expanding and enhancing, a statewide
46

•S 2144 IS

1 system of family support consistent with this part. Such

2 report shall include—

3 ‘‘(1) the results of the annual evaluation of the

4 statewide system of family support, including—

5 ‘‘(A) the extent to which the purposes of

6 this part, and the goals and objectives described

7 in section 709(b)(3) have been achieved, includ8 ing—

9 ‘‘(i) the extent to which the family10 outcomes described in section 709(b)(3)

11 have been achieved;

12 ‘‘(ii) the degree of family satisfaction

13 with the program;

14 ‘‘(iii) increases in the availability of,

15 funding for, access to, and provision of

16 family support;

17 ‘‘(iv) an analysis of the laws, regula18 tions, policies, practices, procedures, and

19 organizational structures that the State

20 has changed, or has attempted to change,

21 to facilitate and increase access to, provi22 sion of, and funding for family support;

23 ‘‘(v) a description of any written poli24 cies and procedures that the State has de25 veloped and implemented regarding access
47

•S 2144 IS

1 to, provision of, and funding for family

2 support;

3 ‘‘(vi) the degree of involvement of var4 ious State agencies in the development, im5 plementation and evaluation of the system,

6 including interagency agreements that the

7 State has developed and implemented re8 garding access to, provision of, and fund9 ing for family support;

10 ‘‘(vii) the activities undertaken to col11 lect and disseminate information, including

12 outreach activities to unserved and under13 served populations; and

14 ‘‘(viii) the involvement of families of

15 children with disabilities who represent a

16 variety of ages and types of disabilities, in

17 the development of the Federal grant ap18 plication to the Secretary, and in the plan19 ning, development and implementation,

20 and evaluation of the statewide system of

21 family support, including activities under22 taken to improve such involvement, such as

23 family training and outreach activities to

24 unserved and underserved populations; and
48

•S 2144 IS

1 ‘‘(B) the areas of need that require atten2 tion;

3 ‘‘(2) a description of the unanticipated prob4 lems with the achievement of the goals, objectives,

5 and family-centered outcomes described in the appli6 cation or strategic plan and the activities the State

7 has taken to rectify these problems;

8 ‘‘(3) for the annual progress report concerning

9 the first year of the grant period, the strategic plan

10 developed by the State during the first year; and

11 ‘‘(4) for the annual progress report concerning

12 subsequent years of the grant period, the updated

13 strategic plan.

14 ‘‘SEC. 711. ADMINISTRATIVE PROVISIONS.

15 ‘‘(a) EVALUATION OF GRANT APPLICATIONS.—

16 ‘‘(1) PANELS.—The Secretary shall convene

17 panels of experts who are competent, by virtue of

18 their training or experience, to evaluate grant appli19 cations under this part.

20 ‘‘(2) COMPOSITION OF PANELS.—Panels shall

21 be composed of a majority of family members of

22 children with disabilities and individuals with dis23 abilities, and may include service providers, State

24 administrative personnel, and professionals. Panels
49

•S 2144 IS

1 shall include a majority of individuals who are not

2 Federal employees.

3 ‘‘(3) EXPENSES AND FEES OF THE PANEL.—A

4 member of the Panel who is not a Federal employee

5 shall receive travel, per diem and consultant fees not

6 to exceed the rate provided to other consultants used

7 by the Secretary. The Secretary may use funds

8 available under section 716 to pay expenses and fees

9 of a member of a Panel who is not a Federal em10 ployee.

11 ‘‘(b) PROVISION OF INFORMATION.—To assist the

12 Secretary in carrying out the responsibilities of the Sec13 retary under this section, the Secretary may require States

14 to provide relevant information, including recommenda15 tions and relevant reports of the Council.

16 ‘‘(c) APPEALS.—The Secretary shall establish ap17 peals procedures for States that are found in noncompli18 ance with the provisions of this part as the result of failure

19 to supply information required under section 705 or 710.

20 The Secretary shall take into consideration the comments

21 of the Council.

22 ‘‘(d) EFFECT ON OTHER ASSISTANCE.—This part

23 may not be construed as authorizing a Federal or State

24 agency to reduce medical or other assistance available, or

25 to alter eligibility, under any Federal law.
50

•S 2144 IS

1 ‘‘(e) UNOBLIGATED FUNDS.—Any amount paid to a

2 State for a fiscal year and remaining unobligated at the

3 end of such year shall remain available to such State for

4 the next fiscal year for the purposes for which such

5 amount was paid.

6 ‘‘SEC. 712. TECHNICAL ASSISTANCE.

7 ‘‘(a) IN GENERAL.—The Secretary shall make

8 grants, or enter into contracts or cooperative agreements,

9 with appropriate public or private agencies and organiza10 tions, including institutions of higher education, with doc11 umented experience, expertise, and capacity, for the pur12 pose of providing technical assistance and information

13 with respect to the development and implementation, or

14 expansion and enhancement, of a statewide system of fam15 ily support.

16 ‘‘(b) PURPOSE.—With respect to States receiving as17 sistance under this part, the technical assistance and in18 formation described under subsection (a) shall be provided

19 to the State agency designated as the lead entity, the

20 Council, family members of, and advocates for, children

21 with disabilities, service providers, and policymakers in22 volved with children with disabilities and their families.

23 Such technical assistance shall also be available to States

24 that do not receive assistance under this part. Such tech25 nical assistance and information shall—
51

•S 2144 IS

1 ‘‘(1) facilitate effective systems change and ad2 vocacy activities;

3 ‘‘(2) promote effective approaches to the devel4 opment and implementation, or expansion and en5 hancement of, the statewide systems of family sup6 port that increase access to, funding for, and aware7 ness of family support;

8 ‘‘(3) promote partnerships with families at all

9 levels of the service system;

10 ‘‘(4) foster awareness and understanding of

11 Federal, State, and local laws, regulations, policies,

12 practices, procedures, and organizational structures,

13 that facilitate, and overcome barriers to, funding for,

14 and access to family support;

15 ‘‘(5) foster the development and replication of

16 effective approaches to strategic plan development,

17 interagency coordination, training, outreach to un18 derserved groups, and public awareness activities;

19 ‘‘(6) facilitate service delivery capacity, train20 ing, and the improvement of data collection and

21 evaluation systems;

22 ‘‘(7) promote effective approaches to the devel23 opment of family-centered and family-directed serv24 ices, including approaches to the development and

25 measurement of family-centered outcomes described
52

•S 2144 IS

1 in section 709(b)(2), and the assessment of family

2 satisfaction described in section 710(b)(1)(A)(ii);

3 and

4 ‘‘(8) coordinate and facilitate an annual meet5 ing of the chairpersons of the Councils.

6 ‘‘(c) REQUEST FOR TECHNICAL ASSISTANCE.—A re7 quest for technical assistance by a lead entity in a State

8 receiving assistance under this part shall be made in con9 junction with the Council.

10 ‘‘(d) REPORTS TO THE SECRETARY.—An entity pro11 viding the technical assistance under this section shall

12 submit periodic reports to the Secretary regarding Federal

13 policies and procedures identified within the States that

14 impede the delivery of family support.

15 ‘‘SEC. 713. EVALUATION.

16 ‘‘(a) IN GENERAL.—The Secretary shall make

17 grants, or enter into contracts or cooperative agreements,

18 with appropriate public or private agencies and organiza19 tions, including institutions of higher education, with doc20 umented experience, expertise, and capacity for the pur21 pose of conducting a national evaluation of the program

22 of grants to States authorized by this part.

23 ‘‘(b) PURPOSE.—The purpose of an evaluation under

24 subsection (a) shall be to assess the status and effects of

25 State efforts to develop and implement, or expand and en-
53

•S 2144 IS

1 hance, statewide systems of family support in a manner

2 consistent with the provisions of this part, particularly in

3 terms of the impact of such efforts on families of children

4 with disabilities, and to recommend amendments to this

5 part that are necessary to assist States to fully accomplish

6 the purposes of this part. The Secretary or recipient of

7 assistance under this section shall work with the States

8 to consider and develop an information system designed

9 to report and compile, from information provided by the

10 States, including the Council, a qualitative and quan11 titative description of the impact of the program of grants

12 to States authorized by this part on—

13 ‘‘(1) families of children with disabilities, in14 cluding families from ethnic and racial minority

15 backgrounds;

16 ‘‘(2) access to and funding for family support;

17 and

18 ‘‘(3) the involvement of families at all levels of

19 the service system.

‘‘(c) REPORT TO CONGRESS.—Not later than 21 20 ⁄2

21 years after the date of enactment of this part, the Sec22 retary shall prepare and submit to the appropriate com23 mittees of Congress a report concerning the results of the

24 evaluation conducted under this section.
54

•S 2144 IS

1 ‘‘(d) CONFLICT OF INTEREST.—The Secretary shall

2 assure that a recipient of a grant, contract, or cooperative

3 agreement under this section is independent from, and

4 free from, any financial or personal relationships with the

5 recipient of a grant, contract, or cooperative agreement

6 selected to provide technical assistance under section 712.

7 ‘‘SEC. 714. PROJECTS OF NATIONAL SIGNIFICANCE.

8 ‘‘(a) STUDY BY THE SECRETARY.—The Secretary

9 shall review Federal programs to determine the extent to

10 which such programs facilitate or impede access to, provi11 sion of, and funding for family support, consistent with

12 the policies described in section 702.

13 ‘‘(b) DEMONSTRATION AND INNOVATION

14 PROJECTS.—The Secretary shall make grants or enter

15 into contracts for projects of national significance to sup16 port the development of national and State policies and

17 practices related to the development and implementation,

18 or expansion and enhancement, of family-centered and

19 family-directed systems of family support for families of

20 children with disabilities.

21 ‘‘SEC. 715. CONSTRUCTION.

22 ‘‘Notwithstanding any other provision of this title,

23 nothing in parts A through H of this title shall be con24 strued to apply to this part.
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1 ‘‘SEC. 716. AUTHORIZATION OF APPROPRIATIONS.

2 ‘‘(a) IN GENERAL.—There are authorized to be ap3 propriated to carry out this part, $10,000,000 for fiscal

4 year 1995, and such sums as may be necessary for each

5 of the fiscal years 1996 and 1997.

6 ‘‘(b) RESERVATION.—

7 ‘‘(1) IN GENERAL.—Except as provided in para8 graph (2), the Secretary shall reserve for each fiscal

9 year 10 percent, or $600,000 (whichever is greater),

10 of the amount appropriated pursuant to the author11 ity of subsection (a) to carry out—

12 ‘‘(A) section 712, with respect to the provi13 sion of technical assistance and information to

14 States;

15 ‘‘(B) section 713, with respect to the con16 duct of the evaluations;

17 ‘‘(C) section 711(a), with respect to the

18 evaluation of grant applications; and

19 ‘‘(D) section 714, with respect to the con20 duct of projects of national significance.

21 ‘‘(2) SPECIAL RULE.—The Secretary shall only

22 use funds reserved under paragraph (1) for a fiscal

23 year to carry out section 714 for such year if the

24 amount of funds reserved under such paragraph for

25 such fiscal year is $700,000 or greater.
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