I 

113TH CONGRESS 

1ST SESSION H. R. 510 

To amend the Individuals with Disabilities Education Act to make improvements to the individualized education program under that Act and facilitate the transition of children with disabilities to adulthood, and for 

other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

FEBRUARY 5, 2013 

Mr. HARPER (for himself and Mrs. MCMORRIS RODGERS) introduced the following bill; which was referred to the Committee on Education and the 

Workforce 

A BILL 

To amend the Individuals with Disabilities Education Act 

to make improvements to the individualized education 

program under that Act and facilitate the transition of 

children with disabilities to adulthood, 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 This Act may be cited as the ‘‘Transition toward Ex5 cellence, Achievement and Mobility through Education Act 

6 of 2013’’ or ‘‘TEAM–Education Act of 2013’’. 


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1 SEC. 2. FINDINGS AND PURPOSES. 

2 (a) FINDINGS.—Congress finds the following: 

3 (1) Evidence-based research has conclusively 

4 documented that youth with significant disabilities 

5 who were educated in inclusive settings, were ex6 posed to work experience and career exploration, and 

7 participated in a paid work experience while in 

8 school had better postsecondary outcomes and high9 er rates of sustainable employment. 

10 (2) Higher rates of self-determination, in which 

11 individuals with significant disabilities and their 

12 families have direct control over the decision-making 

13 process in order to ensure an appropriate individual14 ized transition strategy, lead to better outcomes. 

15 (3) Regulations and processes allowing for flexi16 bility in the blending and braiding of government 

17 funds to ensure seamless, collaborative strategies 

18 during the transition process lead to better outcomes 

19 for individuals with significant disabilities. 

20 (4) Agency officials involved directly in the pro21 vision of supports and services during a youth’s 

22 transition into adulthood and beyond must be pro23 vided additional training to become properly pre24 pared to adequately address the individual transition 

25 needs of students with significant disabilities. 


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1 (b) PURPOSES.—The purposes of this Act are the fol2 lowing: 

3 (1) Create a holistic system across multiple 

4 partners focused on successful transition of youth 

5 with significant disabilities into adulthood. 

6 (2) Create a systemic focus on achieving high 

7 expectations for all youth, through equality of oppor8 tunity, full participation through self-determination 

9 and informed choice, outcomes related to post-sec10 ondary options that lead to competitive integrated 

11 employment and economic self-sufficiency. 

12 (3) Promote innovative strategies to foster aca13 demic, professional, and social inclusion, and the so14 lidification of long-term supports and services re15 quired to ensure full integration into the community 

16 setting. 

17 (4) Better define and coordinate specific serv18 ices related to the effective transition of youth with 

19 significant disabilities. 

20 (5) Eliminate barriers and promote incentives 

21 for multiple stakeholders to collaborate and improve 

22 transition opportunities for youth with significant 

23 disabilities. 


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1 SEC. 3. DEFINITIONS. 

2 (a) TRANSITION SERVICES.—Section 602(34) of the 

3 Individuals with Disabilities Education Act (20 U.S.C. 

4 1401(34)) is amended— 

5 (1) in subparagraph (A), by inserting ‘‘and cus6 tomized employment’’ after ‘‘supported employ7 ment’’; 

8 (2) in subparagraph (B), by striking ‘‘and’’ at 

9 the end; 

10 (3) in subparagraph (C), by striking the period 

11 at the end and inserting a semicolon; and 

12 (4) by adding at the end the following new sub13 paragraphs: 

14 ‘‘(D) includes training in self-advocacy and 

15 self-determination activities and the skills need16 ed to participate in making informed choices to 

17 prepare and empower the child to advocate and 

18 negotiate on the child’s own behalf; and 

19 ‘‘(E) does not include facility-based em20 ployment or activity settings, such as sheltered 

21 workshops, day habilitation centers, mobile 

22 work crews, or enclave work settings.’’. 

23 (b) OTHER DEFINITIONS.—Section 602 of the Indi24 viduals with Disabilities Education Act (20 U.S.C. 1401) 

25 is amended by adding at the end the following new para26 graphs: 


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1 ‘‘(37) INFORMED CHOICE.—The term ‘informed 

2 choice’ means a choice-making process that includes 

3 the following elements: 

4 ‘‘(A) The provision of adequate informa5 tion to the child and the child’s parents about 

6 the full range of options that are to be consid7 ered. 

8 ‘‘(B) Sufficient resources (personnel as 

9 well as fiscal) to support the choice made by the 

10 child and the child’s parents. 

11 ‘‘(C) Willingness of any provider of serv12 ices to accept the choice and the reasonable 

13 risks associated with the choice. 

14 ‘‘(D) Information on the parameters of the 

15 choice and the relevant options being considered 

16 in the language and capabilities of the child in 

17 the choice-making process. 

18 ‘‘(E) Acknowledgment by the child and all 

19 parties involved that the use of public-funds 

20 should be focused on choices that foster per21 sonal, social, and professional development in 

22 integrated settings and lead to outcomes of in23 creased economic self-sufficiency and profes24 sional advancement. 


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1 ‘‘(38) INTEGRATED EMPLOYMENT.—The term 

2 ‘integrated employment’ means work compensated at 

3 the greater of minimum wage or competitive wages 

4 with related employment benefits, occurring in a typ5 ical work setting where the employee with the dis6 ability interacts or has the opportunity to interact 

7 continuously with non-disabled co-workers, has an 

8 opportunity for advancement and mobility, and is 

9 preferably engaged in full-time employment. 

10 ‘‘(39) SELF-DETERMINATION ACTIVITIES.—The 

11 term ‘self-determination activities’ has the meaning 

12 given the term in section 102 of the Developmental 

13 Disabilities Assistance and Bill of Rights Act of 

14 2000 (42 U.S.C. 15002). 

15 ‘‘(40) STATE INTELLECTUAL AND DEVELOP16 MENTAL DISABILITIES AGENCY.—The term ‘State 

17 intellectual and developmental disabilities agency’ 

18 means the primary State agency or subdivision with 

19 administrative, programmatic, and operational re20 sponsibility for the full range of services and sup21 ports furnished to individuals with intellectual and 

22 developmental disabilities.’’. 


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1 SEC. 4. STATE-LEVEL ACTIVITIES. 

2 Section 611(e)(2)(C) of the Individuals with Disabil3 ities Education Act (20 U.S.C. 1411(e)(2)(C)) is amend4 ed— 

5 (1) by redesignating clauses (vii) through (xi) 

6 as clauses (viii) through (xii), respectively; and 

7 (2) by inserting after clause (vi) the following 

8 new clause: 

9 ‘‘(vii) To enter into contracts with en10 tities that have expertise in the provision 

11 of transition services specifically related to 

12 assisting children with disabilities in the 

13 accomplishment of the transition objectives 

14 outlined in the child’s IEP to the extent 

15 such objectives relate to the provision of 

16 school-based preparatory activities, work17 based learning experiences, career prepara18 tion, and job experiences in an integrated 

19 community setting, other than facility20 based employment and activity settings, 

21 such as sheltered workshops, day habili22 tation centers, mobile work crews, and en23 clave work settings.’’. 


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1 SEC. 5. STATE ELIGIBILITY. 

2 Section 612(a) of the Individuals with Disabilities 

3 Education Act (20 U.S.C. 1412(a)) is amended by adding 

4 at the end the following new paragraph: 

5 ‘‘(26) PLAN RELATING TO TRANSITION SERV6 ICES.— 

7 ‘‘(A) IN GENERAL.—The State has estab8 lished a plan to ensure that the State edu9 cational agency coordinates efforts among the 

10 various State agencies involved in the successful 

11 transition of youth with disabilities into adult12 hood, including the State agencies described in 

13 subparagraph (B), and to align practices and 

14 direct resources toward the effective provision 

15 of transition services to address the needs of 

16 children with disabilities, including involvement 

17 and progress in the general curriculum in the 

18 least restrictive environment, academic and 

19 school-based preparatory experiences, work and 

20 career readiness, youth development and leader21 ship, comprehensive community connections, 

22 and family involvement and engagement. 

23 ‘‘(B) STATE AGENCIES DESCRIBED.—The 

24 State agencies referred to in subparagraph (A) 

25 are— 


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1 ‘‘(i) the State intellectual and develop2 mental disabilities agency; 

3 ‘‘(ii) the State vocational rehabilita4 tion agency; 

5 ‘‘(iii) the agency responsible for the 

6 State medicaid program under title XIX of 

7 the Social Security Act; and 

8 ‘‘(iv) the State department of labor or 

9 workforce investment board.’’. 

10 SEC. 6. INDIVIDUALIZED EDUCATION PROGRAMS. 

11 (a) EVALUATIONS BEFORE CHANGE IN ELIGI12 BILITY.—Section 614(c)(5)(B)(ii) of the Individuals with 

13 Disabilities Education Act (20 U.S.C. 1414(c)(5)(B)(ii)) 

14 is amended— 

15 (1) by striking ‘‘the child with a summary’’ and 

16 inserting ‘‘to the child and the child’s parents, not 

17 later than 7 days after the child’s eligibility termi18 nates, with— 

19 ‘‘(I) a summary’’; 

20 (2) by striking the period at the end and insert21 ing ‘‘; and’’; and 

22 (3) by adding at the end the following new sub23 clause: 

24 ‘‘(II) a comprehensive record of 

25 the child’s work experiences, skills, 


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1 talents and strengths relevant for dis2 cussions with prospective employers, 

3 post-secondary education programs, 

4 career placement services, and men5 tors.’’. 

6 (b) INDIVIDUALIZED EDUCATION PROGRAM.—Sec7 tion 614(d)(1)(A) of the Individuals with Disabilities Edu8 cation Act (20 U.S.C. 1414(d)(1)(A)) is amended— 

9 (1) in clause (i)— 

10 (A) in subclause (VII), by striking ‘‘and’’ 

11 at the end; 

12 (B) in subclause (VIII)— 

13 (i) in the matter preceding item 

14 (aa)— 

15 (I) by striking ‘‘16’’ and insert16 ing ‘‘14’’; and 

17 (II) by inserting ‘‘at a minimum’’ 

18 after ‘‘updated’’; and 

19 (ii) by striking items (bb) and (cc) 

20 and inserting the following: 

21 ‘‘(bb) a strategy to address 

22 the needs of the child related to 

23 academic and school-based pre24 paratory experiences, work and 

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1 ment and leadership, comprehen2 sive community connections, and 

3 family involvement and engage4 ment; and 

5 ‘‘(cc) objectives leading to 

6 postsecondary education, sus7 tained integrated employment, 

8 economic self-sufficiency, inde9 pendent living and community 

10 participation;’’; and 

11 (C) by adding at the end the following: 

12 ‘‘(IX) beginning not later than 

13 the date on which the first IEP is to 

14 be in effect when the child attains the 

15 age of 14— 

16 ‘‘(aa) a description of the 

17 transition services (including 

18 courses of study and work experi19 ence) that will be provided to as20 sist the child in reaching the 

21 postsecondary goals described in 

22 subclause (VIII)(aa); and 

23 ‘‘(bb) a description of the 

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1 ties, and the skills needed to par2 ticipate in making informed 

3 choices to prepare and empower 

4 the child to negotiate and advo5 cate on the child’s own behalf; 

6 and 

7 ‘‘(X) beginning not later than 1 

8 year before the child reaches the age 

9 of majority under State law, a state10 ment that the child and the child’s 

11 parents have been informed of the 

12 child’s rights under this title, if any, 

13 that will transfer to the child on 

14 reaching the age of majority under 

15 section 615(m).’’; and 

16 (2) by adding at the end the following: 

17 ‘‘(iii) ADDITIONAL RULE OF CON18 STRUCTION.—Nothing in clause (i)(VIII) 

19 shall be construed to authorize the use of 

20 facility-based employment or activity set21 tings, such as sheltered workshops, day ha22 bilitation centers, mobile work crews, or 

23 enclave work settings in a child’s IEP.’’. 


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1 (c) INDIVIDUALIZED EDUCATION PROGRAM TEAM.— 

2 Section 614(d)(1)(B) of the Individuals with Disabilities 

3 Education Act (20 U.S.C. 1414(d)(1)(B)) is amended— 

4 (1) in clause (vi), by striking ‘‘and’’ at the end; 

5 (2) redesignating clause (vii) as clause (viii); 

6 and 

7 (3) by inserting after clause (vi), as amended 

8 by this subsection, the following: 

9 ‘‘(vii) beginning at the age of 14 with 

10 respect to a child with a disability who is 

11 expected to be eligible to receive adult serv12 ices under the State medicaid program 

13 under title XIX of the Social Security Act 

14 (or any services provided under a waiver 

15 under such program) or any other adult 

16 services provided by the State intellectual 

17 and developmental disabilities agency upon 

18 reaching the age of majority, a representa19 tive of the State intellectual and develop20 mental disabilities agency; and’’. 

21 (d) DEVELOPMENT OF IEP.—Section 614(d)(3) of 

22 the Individuals with Disabilities Education Act (20 U.S.C. 

23 1414(d)(3)) is amended— 

24 (1) in subparagraph (A)— 


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1 (A) in clause (iii), by striking ‘‘and’’ at the 

2 end; 

3 (B) in clause (iv), by striking the period at 

4 the end and inserting ‘‘; and’’; and 

5 (C) by adding at the end the following: 

6 ‘‘(v) the transition services necessary 

7 to assist the child to attain a postsec8 ondary education, integrated employment, 

9 independent living, and community partici10 pation.’’; and 

11 (2) by redesignating subparagraphs (B) 

12 through (F) as subparagraphs (C) through (G), re13 spectively; 

14 (3) by inserting after subparagraph (A) the fol15 lowing new subparagraph: 

16 ‘‘(B) PREPARATION FOR DEVELOPMENT

17 OF IEP FOR A CHILD IN TRANSITION YEARS.— 

18 The IEP Team, upon the request of a child who 

19 has attained the age of 14, shall— 

20 ‘‘(i) offer a preliminary meeting and 

21 advocacy training for the child and child’s 

22 parents to support the preparation of the 

23 parents in advocating on their child’s be24 half during any upcoming IEP team meet25 ing that will be conducted by a certified 


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1 trainer with specific experience in self-ad2 vocacy and family advocacy training; and 

3 ‘‘(ii) ensure that all pertinent infor4 mation, including school records, edu5 cational materials regarding transition 

6 services available and background informa7 tion on any pre-existing partnerships be8 tween the local educational agency and any 

9 outside providers of transition services or 

10 post-secondary education, is sent to the 

11 child at least ten days prior to the IEP 

12 team meeting.’’; and 

13 (4) in subparagraph (G) (as redesignated), by 

14 striking ‘‘subparagraph (D)’’ and inserting ‘‘sub15 paragraph (E)’’. 

16 (e) REVIEW AND REVISION OF IEP.—Section 

17 614(d)(4)(A) of the Individuals with Disabilities Edu18 cation Act (20 U.S.C. 1414(d)(4)(A)) is amended— 

19 (1) in clause (i), by striking ‘‘and’’ at the end; 

20 (2) in clause (ii), by striking the period at the 

21 end and inserting ‘‘; and’’; and 

22 (3) by adding at the end the following: 

23 ‘‘(iii) beginning when the child attains 

24 the age of 14, evaluates the progress made 

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1 tives, identifying challenges and opportuni2 ties and discussing any additional transi3 tion services that need to be secured to op4 timize the child’s successful completion of 

5 transition objectives set forth in the child’s 

6 IEP leading to postsecondary education, 

7 integrated employment, independent living, 

8 and community participation.’’. 

9 SEC. 7. GRANTS FOR ESTABLISHMENT OF LOCAL COORDI10 NATORS FOR TRANSITION SERVICES. 

11 Section 614 of the Individuals with Disabilities Edu12 cation Act (20 U.S.C. 1414) is amended by adding at the 

13 end the following: 

14 ‘‘(g) GRANTS FOR ESTABLISHMENT OF LOCAL COOR15 DINATORS FOR TRANSITION SERVICES.— 

16 ‘‘(1) IN GENERAL.—The Secretary is authorized 

17 to provide grants to State educational agencies to 

18 provide authorization, funding, and support to local 

19 educational agencies to establish coordinators to pro20 vide transition services to children with disabilities 

21 under this part. 

22 ‘‘(2) ACTIVITIES OF COORDINATORS.—Coordi23 nators established under paragraph (1) shall— 

24 ‘‘(A) manage the development and imple25 mentation of the transition services components 


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1 of an IEP for children with disabilities under 

2 this part; and 

3 ‘‘(B) facilitate relationships between chil4 dren with disabilities and parents of children 

5 with disabilities and public and private agencies 

6 involved in transition services for children with 

7 disabilities under this part. 

8 ‘‘(3) AUTHORIZATION OF APPROPRIATIONS.— 

9 There are authorized to be appropriated to carry out 

10 this subsection $50,000,000 for each of the fiscal 

11 years 2014 through 2018.’’. 

12 SEC. 8. EFFECTIVE DATE. 

13 The amendments made by this Act take effect on the 

14 date of the enactment of this Act and apply with respect 

15 to fiscal years beginning on or after the date of the enact16 ment of this Act. 

Æ 


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