105TH CONGRESS

1ST SESSION H. R. 5

AN ACT

To amend the Individuals with Disabilities Eduments to that Act, and for other purposes. cation Act, to reauthorize and make improve-
105TH CONGRESS

1ST SESSION H. R. 5

AN ACT

To amend the Individuals with Disabilities Education Act,

to reauthorize and make improvements to that Act, 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,
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1 SECTION 1. SHORT TITLE.

2 This Act may be cited as the ‘‘Individuals with Dis3 abilities Education Act Amendments of 1997’’.

4 TITLE I—AMENDMENTS TO THE

5 INDIVIDUALS WITH DISABIL6 ITIES EDUCATION ACT

7 SEC. 101. AMENDMENTS TO THE INDIVIDUALS WITH DIS8 ABILITIES EDUCATION ACT.

9 Parts A through D of the Individuals with Disabil10 ities Education Act (20 U.S.C. 1400 et seq.) are amended

11 to read as follows:

12 ‘‘PART A—GENERAL PROVISIONS

13 ‘‘SEC. 601. SHORT TITLE; TABLE OF CONTENTS; FINDINGS;

14 PURPOSES.

15 ‘‘(a) SHORT TITLE.—This Act may be cited as the

16 ‘Individuals with Disabilities Education Act’.

17 ‘‘(b) TABLE OF CONTENTS.—The table of contents

18 for this Act is as follows:

‘‘PART A—GENERAL PROVISIONS

‘‘Sec. 601. Short title; table of contents; findings; purposes.

‘‘Sec. 602. Definitions.

‘‘Sec. 603. Office of Special Education Programs.

‘‘Sec. 604. Abrogation of State sovereign immunity.

‘‘Sec. 605. Acquisition of equipment; construction or alteration of facilities.

‘‘Sec. 606. Employment of individuals with disabilities.

‘‘Sec. 607. Requirements for prescribing regulations.

‘‘PART B—ASSISTANCE FOR EDUCATION OF ALL CHILDREN WITH

DISABILITIES

‘‘Sec. 611. Authorization; allotment; use of funds; authorization of appropriations.

‘‘Sec. 612. State eligibility.
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‘‘Sec. 613. Local educational agency eligibility.

‘‘Sec. 614. Evaluations, eligibility determinations, individualized education programs, and educational placements.

‘‘Sec. 615. Procedural safeguards.

‘‘Sec. 616. Withholding and judicial review.

‘‘Sec. 617. Administration.

‘‘Sec. 618. Program information.

‘‘Sec. 619. Preschool grants.

‘‘PART C—INFANTS AND TODDLERS WITH DISABILITIES

‘‘Sec. 631. Findings and policy.

‘‘Sec. 632. Definitions.

‘‘Sec. 633. General authority.

‘‘Sec. 634. Eligibility.

‘‘Sec. 635. Requirements for statewide system.

‘‘Sec. 636. Individualized family service plan.

‘‘Sec. 637. State application and assurances.

‘‘Sec. 638. Uses of funds.

‘‘Sec. 639. Procedural safeguards.

‘‘Sec. 640. Payor of last resort.

‘‘Sec. 641. State Interagency Coordinating Council.

‘‘Sec. 642. Federal administration.

‘‘Sec. 643. Allocation of funds.

‘‘Sec. 644. Federal Interagency Coordinating Council.

‘‘Sec. 645. Authorization of appropriations.

‘‘PART D—NATIONAL ACTIVITIES TO IMPROVE EDUCATION OF CHILDREN

WITH DISABILITIES

‘‘SUBPART 1—STATE PROGRAM IMPROVEMENT GRANTS FOR CHILDREN WITH

DISABILITIES

‘‘Sec. 651. Findings and purpose.

‘‘Sec. 652. Eligibility and collaborative process.

‘‘Sec. 653. Applications.

‘‘Sec. 654. Use of funds.

‘‘Sec. 655. Minimum State grant amounts.

‘‘Sec. 656. Authorization of appropriations.

‘‘SUBPART 2—COORDINATED RESEARCH, PERSONNEL PREPARATION,

TECHNICAL ASSISTANCE, SUPPORT, AND DISSEMINATION OF INFORMATION

‘‘Sec. 661. Administrative provisions.

‘‘CHAPTER 1—IMPROVING EARLY INTERVENTION, EDUCATIONAL, AND TRANSITIONAL SERVICES AND RESULTS FOR CHILDREN WITH DISABILITIES

THROUGH COORDINATED RESEARCH AND PERSONNEL PREPARATION

‘‘Sec. 671. Findings and purpose.

‘‘Sec. 672. Research and innovation to improve services and results for children

with disabilities.

‘‘Sec. 673. Personnel preparation to improve services and results for children

with disabilities.

‘‘Sec. 674. Studies and evaluations.
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‘‘CHAPTER 2—IMPROVING EARLY INTERVENTION, EDUCATIONAL, AND TRANSITIONAL SERVICES AND RESULTS FOR CHILDREN WITH DISABILITIES

THROUGH COORDINATED TECHNICAL ASSISTANCE, SUPPORT, AND DISSEMINATION OF INFORMATION

‘‘Sec. 681. Findings and purposes.

‘‘Sec. 682. Parent training and information centers.

‘‘Sec. 683. Community parent resource centers.

‘‘Sec. 684. Technical assistance for parent training and information centers.

‘‘Sec. 685. Coordinated technical assistance and dissemination.

‘‘Sec. 686. Authorization of appropriations.

‘‘Sec. 687. Technology development, demonstration, and utilization, and media

services.

1 ‘‘(c) FINDINGS.—The Congress finds the following:

2 ‘‘(1) Disability is a natural part of the human

3 experience and in no way diminishes the right of in4 dividuals to participate in or contribute to society.

5 Improving educational results for children with dis6 abilities is an essential element of our national policy

7 of ensuring equality of opportunity, full participa8 tion, independent living, and economic self-suffi9 ciency for individuals with disabilities.

10 ‘‘(2) Before the date of the enactment of the

11 Education for All Handicapped Children Act of

12 1975 (Public Law 94–142)—

13 ‘‘(A) the special educational needs of chil14 dren with disabilities were not being fully met;

15 ‘‘(B) more than one-half of the children

16 with disabilities in the United States did not re17 ceive appropriate educational services that

18 would enable such children to have full equality

19 of opportunity;
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1 ‘‘(C) 1,000,000 of the children with dis2 abilities in the United States were excluded en3 tirely from the public school system and did not

4 go through the educational process with their

5 peers;

6 ‘‘(D) there were many children with dis7 abilities throughout the United States partici8 pating in regular school programs whose dis9 abilities prevented such children from having a

10 successful educational experience because their

11 disabilities were undetected; and

12 ‘‘(E) because of the lack of adequate serv13 ices within the public school system, families

14 were often forced to find services outside the

15 public school system, often at great distance

16 from their residence and at their own expense.

17 ‘‘(3) Since the enactment and implementation

18 of the Education for All Handicapped Children Act

19 of 1975, this Act has been successful in ensuring

20 children with disabilities and the families of such

21 children access to a free appropriate public edu22 cation and in improving educational results for chil23 dren with disabilities.

24 ‘‘(4) However, the implementation of this Act

25 has been impeded by low expectations, and an insuf-
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1 ficient focus on applying replicable research on prov2 en methods of teaching and learning for children

3 with disabilities.

4 ‘‘(5) Over 20 years of research and experience

5 has demonstrated that the education of children with

6 disabilities can be made more effective by—

7 ‘‘(A) having high expectations for such

8 children and ensuring their access in the gen9 eral curriculum to the maximum extent pos10 sible;

11 ‘‘(B) strengthening the role of parents and

12 ensuring that families of such children have

13 meaningful opportunities to participate in the

14 education of their children at school and at

15 home;

16 ‘‘(C) coordinating this Act with other local,

17 educational service agency, State, and Federal

18 school improvement efforts in order to ensure

19 that such children benefit from such efforts and

20 that special education can become a service for

21 such children rather than a place where they

22 are sent;

23 ‘‘(D) providing appropriate special edu24 cation and related services and aids and sup-
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1 ports in the regular classroom to such children,

2 whenever appropriate;

3 ‘‘(E) supporting high-quality, intensive

4 professional development for all personnel who

5 work with such children in order to ensure that

6 they have the skills and knowledge necessary to

7 enable them—

8 ‘‘(i) to meet developmental goals and,

9 to the maximum extent possible, those

10 challenging expectations that have been es11 tablished for all children; and

12 ‘‘(ii) to be prepared to lead produc13 tive, independent, adult lives, to the maxi14 mum extent possible;

15 ‘‘(F) providing incentives for whole-school

16 approaches and pre-referral intervention to re17 duce the need to label children as disabled in

18 order to address their learning needs; and

19 ‘‘(G) focusing resources on teaching and

20 learning while reducing paperwork and require21 ments that do not assist in improving edu22 cational results.

23 ‘‘(6) While States, local educational agencies,

24 and educational service agencies are responsible for

25 providing an education for all children with disabil-
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1 ities, it is in the national interest that the Federal

2 Government have a role in assisting State and local

3 efforts to educate children with disabilities in order

4 to improve results for such children and to ensure

5 equal protection of the law.

6 ‘‘(7)(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) America’s racial profile is rapidly chang13 ing. Between 1980 and 1990, the rate of increase in

14 the population for white Americans was 6 percent,

15 while the rate of increase for racial and ethnic mi16 norities was much higher: 53 percent for Hispanics,

17 13.2 percent for African-Americans, and 107.8 per18 cent for Asians.

19 ‘‘(C) By the year 2000, this Nation will have

20 275,000,000 people, nearly one of every three of

21 whom will be either African-American, Hispanic,

22 Asian-American, or American Indian.

23 ‘‘(D) Taken together as a group, minority chil24 dren are comprising an ever larger percentage of

25 public school students. Large-city school populations
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1 are overwhelmingly minority, for example: for fall

2 1993, the figure for Miami was 84 percent; Chicago,

3 89 percent; Philadelphia, 78 percent; Baltimore, 84

4 percent; Houston, 88 percent; and Los Angeles, 88

5 percent.

6 ‘‘(E) Recruitment efforts within special edu7 cation must focus on bringing larger numbers of mi8 norities into the profession in order to provide ap9 propriate practitioner knowledge, role models, and

10 sufficient manpower to address the clearly changing

11 demography of special education.

12 ‘‘(F) The limited English proficient population

13 is the fastest growing in our Nation, and the growth

14 is occurring in many parts of our Nation. In the Na15 tion’s 2 largest school districts, limited English stu16 dents make up almost half of all students initially

17 entering school at the kindergarten level. Studies

18 have documented apparent discrepancies in the levels

19 of referral and placement of limited English pro20 ficient children in special education. The Depart21 ment of Education has found that services provided

22 to limited English proficient students often do not

23 respond primarily to the pupil’s academic needs.

24 These trends pose special challenges for special edu25 cation in the referral, assessment, and services for
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1 our Nation’s students from non-English language

2 backgrounds.

3 ‘‘(8)(A) Greater efforts are needed to prevent

4 the intensification of problems connected with

5 mislabeling and high dropout rates among minority

6 children with disabilities.

7 ‘‘(B) More minority children continue to be

8 served in special education than would be expected

9 from the percentage of minority students in the gen10 eral school population.

11 ‘‘(C) Poor African-American children are 2.3

12 times more likely to be identified by their teacher as

13 having mental retardation than their white counter14 part.

15 ‘‘(D) Although African-Americans represent 16

16 percent of elementary and secondary enrollments,

17 they constitute 21 percent of total enrollments in

18 special education.

19 ‘‘(E) The drop-out rate is 68 percent higher for

20 minorities than for whites.

21 ‘‘(F) More than 50 percent of minority students

22 in large cities drop out of school.

23 ‘‘(9)(A) The opportunity for full participation

24 in awards for grants and contracts; boards of orga25 nizations receiving funds under this Act; and peer
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1 review panels; and training of professionals in the

2 area of special education by minority individuals, or3 ganizations, and historically black colleges and uni4 versities is essential if we are to obtain greater suc5 cess in the education of minority children with dis6 abilities.

7 ‘‘(B) In 1993, of the 915,000 college and uni8 versity professors, 4.9 percent were African-Amer9 ican and 2.4 percent were Hispanic. Of the

10 2,940,000 teachers, prekindergarten through high

11 school, 6.8 percent were African-American and 4.1

12 percent were Hispanic.

13 ‘‘(C) Students from minority groups comprise

14 more than 50 percent of K–12 public school enroll15 ment in seven States yet minority enrollment in

16 teacher training programs is less than 15 percent in

17 all but six States.

18 ‘‘(D) As the number of African-American and

19 Hispanic students in special education increases, the

20 number of minority teachers and related service per21 sonnel produced in our colleges and universities con22 tinues to decrease.

23 ‘‘(E) Ten years ago, 12 percent of the United

24 States teaching force in public elementary and sec25 ondary schools were members of a minority group.
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1 Minorities comprised 21 percent of the national pop2 ulation at that time and were clearly underrep3 resented then among employed teachers. Today, the

4 elementary and secondary teaching force is 13 per5 cent minority, while one-third of the students in

6 public schools are minority children.

7 ‘‘(F) As recently as 1991, historically black col8 leges and universities enrolled 44 percent of the Af9 rican-American teacher trainees in the Nation. How10 ever, in 1993, historically black colleges and univer11 sities received only 4 percent of the discretionary

12 funds for special education and related services per13 sonnel training under this Act.

14 ‘‘(G) While African-American students con15 stitute 28 percent of total enrollment in special edu16 cation, only 11.2 percent of individuals enrolled in

17 preservice training programs for special education

18 are African-American.

19 ‘‘(H) In 1986–87, of the degrees conferred in

20 education at the B.A., M.A., and Ph.D. levels, only

21 6, 8, and 8 percent, respectively, were awarded to

22 African-American or Hispanic students.

23 ‘‘(10) Minorities and underserved persons are

24 socially disadvantaged because of the lack of oppor25 tunities in training and educational programs,
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1 undergirded by the practices in the private sector

2 that impede their full participation in the main3 stream of society.

4 ‘‘(d) PURPOSES.—The purposes of this title are—

5 ‘‘(1)(A) to ensure that all children with disabil6 ities have available to them a free appropriate public

7 education that emphasizes special education and re8 lated services designed to meet their unique needs

9 and prepare them for employment and independent

10 living;

11 ‘‘(B) to ensure that the rights of children with

12 disabilities and parents of such children are pro13 tected; and

14 ‘‘(C) to assist States, localities, educational

15 service agencies, and Federal agencies to provide for

16 the education of all children with disabilities;

17 ‘‘(2) to assist States in the implementation of

18 a statewide, comprehensive, coordinated, multidisci19 plinary, interagency system of early intervention

20 services for infants and toddlers with disabilities and

21 their families;

22 ‘‘(3) to ensure that educators and parents have

23 the necessary tools to improve educational results for

24 children with disabilities by supporting systemic25 change activities; coordinated research and personnel
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1 preparation; coordinated technical assistance, dis2 semination, and support; and technology develop3 ment and media services; and

4 ‘‘(4) to assess, and ensure the effectiveness of,

5 efforts to educate children with disabilities.

6 ‘‘SEC. 602. DEFINITIONS.

7 ‘‘Except as otherwise provided, as used in this Act:

8 ‘‘(1) ASSISTIVE TECHNOLOGY DEVICE.—The

9 term ‘assistive technology device’ means any item,

10 piece of equipment, or product system, whether ac11 quired commercially off the shelf, modified, or cus12 tomized, that is used to increase, maintain, or im13 prove functional capabilities of a child with a disabil14 ity.

15 ‘‘(2) ASSISTIVE TECHNOLOGY SERVICE.—The

16 term ‘assistive technology service’ means any service

17 that directly assists a child with a disability in the

18 selection, acquisition, or use of an assistive tech19 nology device. Such term includes—

20 ‘‘(A) the evaluation of the needs of such

21 child, including a functional evaluation of the

22 child in the child’s customary environment;

23 ‘‘(B) purchasing, leasing, or otherwise pro24 viding for the acquisition of assistive technology

25 devices by such child;
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1 ‘‘(C) selecting, designing, fitting, customiz2 ing, adapting, applying, maintaining, repairing,

3 or replacing of assistive technology devices;

4 ‘‘(D) coordinating and using other thera5 pies, interventions, or services with assistive

6 technology devices, such as those associated

7 with existing education and rehabilitation plans

8 and programs;

9 ‘‘(E) training or technical assistance for

10 such child, or, where appropriate, the family of

11 such child; and

12 ‘‘(F) training or technical assistance for

13 professionals (including individuals providing

14 education and rehabilitation services), employ15 ers, or other individuals who provide services to,

16 employ, or are otherwise substantially involved

17 in the major life functions of such child.

18 ‘‘(3) CHILD WITH A DISABILITY.—

19 ‘‘(A) IN GENERAL.—The term ‘child with a

20 disability’ means a child—

21 ‘‘(i) with mental retardation, hearing

22 impairments (including deafness), speech

23 or language impairments, visual impair24 ments (including blindness), serious emo25 tional disturbance (hereinafter referred to
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1 as ‘emotional disturbance’), orthopedic im2 pairments, autism, traumatic brain injury,

3 other health impairments, or specific learn4 ing disabilities; and

5 ‘‘(ii) who, by reason thereof, needs

6 special education and related services.

7 ‘‘(B) CHILD AGED 3 THROUGH 9.—The

8 term ‘child with a disability’ for a child aged 3

9 through 9 may, at the discretion of the State

10 and the local educational agency, include a

11 child—

12 ‘‘(i) experiencing developmental

13 delays, as defined by the State and as

14 measured by appropriate diagnostic instru15 ments and procedures, in one or more of

16 the following areas: physical development,

17 cognitive development, communication de18 velopment, social or emotional develop19 ment, or adaptive development; and

20 ‘‘(ii) who, by reason thereof, needs

21 special education and related services.

22 ‘‘(4) EDUCATIONAL SERVICE AGENCY.—The

23 term ‘educational service agency’—

24 ‘‘(A) means a regional public multiservice

25 agency—
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1 ‘‘(i) authorized by State law to de2 velop, manage, and provide services or pro3 grams to local educational agencies; and

4 ‘‘(ii) recognized as an administrative

5 agency for purposes of the provision of

6 special education and related services pro7 vided within public elementary and second8 ary schools of the State; and

9 ‘‘(B) includes any other public institution

10 or agency having administrative control and di11 rection over a public elementary or secondary

12 school.

13 ‘‘(5) ELEMENTARY SCHOOL.—The term ‘ele14 mentary school’ means a nonprofit institutional day

15 or residential school that provides elementary edu16 cation, as determined under State law.

17 ‘‘(6) EQUIPMENT.—The term ‘equipment’ in18 cludes—

19 ‘‘(A) machinery, utilities, and built-in

20 equipment and any necessary enclosures or

21 structures to house such machinery, utilities, or

22 equipment; and

23 ‘‘(B) all other items necessary for the

24 functioning of a particular facility as a facility

25 for the provision of educational services, includ-
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1 ing items such as instructional equipment and

2 necessary furniture; printed, published, and

3 audio-visual instructional materials; tele4 communications, sensory, and other techno5 logical aids and devices; and books, periodicals,

6 documents, and other related materials.

7 ‘‘(7) EXCESS COSTS.—The term ‘excess costs’

8 means those costs that are in excess of the average

9 annual per-student expenditure in a local edu10 cational agency during the preceding school year for

11 an elementary or secondary school student, as may

12 be appropriate, and which shall be computed after

13 deducting—

14 ‘‘(A) amounts received—

15 ‘‘(i) under part B of this title;

16 ‘‘(ii) under part A of title I of the El17 ementary and Secondary Education Act of

18 1965; or

19 ‘‘(iii) under part A of title VII of that

20 Act; and

21 ‘‘(B) any State or local funds expended for

22 programs that would qualify for assistance

23 under any of those parts.

24 ‘‘(8) FREE APPROPRIATE PUBLIC EDU25 CATION.—The term ‘free appropriate public edu-
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1 cation’ means special education and related services

2 that—

3 ‘‘(A) have been provided at public expense,

4 under public supervision and direction, and

5 without charge;

6 ‘‘(B) meet the standards of the State edu7 cational agency;

8 ‘‘(C) include an appropriate preschool, ele9 mentary, or secondary school education in the

10 State involved; and

11 ‘‘(D) are provided in conformity with the

12 individualized education program required

13 under section 614(d).

14 ‘‘(9) INDIAN.—The term ‘Indian’ means an in15 dividual who is a member of an Indian tribe.

16 ‘‘(10) INDIAN TRIBE.—The term ‘Indian tribe’

17 means any Federal or State Indian tribe, band,

18 rancheria, pueblo, colony, or community, including

19 any Alaska Native village or regional village corpora20 tion (as defined in or established under the Alaska

21 Native Claims Settlement Act).

22 ‘‘(11) INDIVIDUALIZED EDUCATION PRO23 GRAM.—The term ‘individualized education program’

24 or ‘IEP’ means a written statement for each child
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1 with a disability that is developed, reviewed, and re2 vised in accordance with section 614(d).

3 ‘‘(12) INDIVIDUALIZED FAMILY SERVICE

4 PLAN.—The term ‘individualized family service plan’

5 has the meaning given such term in section 636.

6 ‘‘(13) INFANT OR TODDLER WITH A DISABIL7 ITY.—The term ‘infant or toddler with a disability’

8 has the meaning given such term in section 632.

9 ‘‘(14) INSTITUTION OF HIGHER EDUCATION.—

10 The term ‘institution of higher education’—

11 ‘‘(A) has the meaning given that term in

12 section 1201(a) of the Higher Education Act of

13 1965; and

14 ‘‘(B) also includes any community college

15 receiving funding from the Secretary of the In16 terior under the Tribally Controlled Community

17 College Assistance Act of 1978.

18 ‘‘(15) LOCAL EDUCATIONAL AGENCY.—

19 ‘‘(A) The term ‘local educational agency’

20 means a public board of education or other pub21 lic authority legally constituted within a State

22 for either administrative control or direction of,

23 or to perform a service function for, public ele24 mentary or secondary schools in a city, county,

25 township, school district, or other political sub-
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1 division of a State, or for such combination of

2 school districts or counties as are recognized in

3 a State as an administrative agency for its pub4 lic elementary or secondary schools.

5 ‘‘(B) The term includes—

6 ‘‘(i) an educational service agency, as

7 defined in paragraph (4); and

8 ‘‘(ii) any other public institution or

9 agency having administrative control and

10 direction of a public elementary or second11 ary school.

12 ‘‘(C) The term includes an elementary or

13 secondary school funded by the Bureau of In14 dian Affairs, but only to the extent that such

15 inclusion makes the school eligible for programs

16 for which specific eligibility is not provided to

17 the school in another provision of law and the

18 school does not have a student population that

19 is smaller than the student population of the

20 local educational agency receiving assistance

21 under this Act with the smallest student popu22 lation, except that the school shall not be sub23 ject to the jurisdiction of any State educational

24 agency other than the Bureau of Indian Affairs.
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1 ‘‘(16) NATIVE LANGUAGE.—The term ‘native

2 language’, when used with reference to an individual

3 of limited English proficiency, means the language

4 normally used by the individual, or in the case of a

5 child, the language normally used by the parents of

6 the child.

7 ‘‘(17) NONPROFIT.—The term ‘nonprofit’, as

8 applied to a school, agency, organization, or institu9 tion, means a school, agency, organization, or insti10 tution owned and operated by one or more nonprofit

11 corporations or associations no part of the net earn12 ings of which inures, or may lawfully inure, to the

13 benefit of any private shareholder or individual.

14 ‘‘(18) OUTLYING AREA.—The term ‘outlying

15 area’ means the United States Virgin Islands,

16 Guam, American Samoa, and the Commonwealth of

17 the Northern Mariana Islands.

18 ‘‘(19) PARENT.—The term ‘parent’—

19 ‘‘(A) includes a legal guardian; and

20 ‘‘(B) except as used in sections 615(b)(2)

21 and 639(a)(5), includes an individual assigned

22 under either of those sections to be a surrogate

23 parent.
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1 ‘‘(20) PARENT ORGANIZATION.—The term ‘par2 ent organization’ has the meaning given that term in

3 section 682(g).

4 ‘‘(21) PARENT TRAINING AND INFORMATION

5 CENTER.—The term ‘parent training and informa6 tion center’ means a center assisted under section

7 682 or 683.

8 ‘‘(22) RELATED SERVICES.—The term ‘related

9 services’ means transportation, and such devel10 opmental, corrective, and other supportive services

11 (including speech-language pathology and audiology

12 services, psychological services, physical and occupa13 tional therapy, recreation, including therapeutic

14 recreation, social work services, counseling services,

15 including rehabilitation counseling, orientation and

16 mobility services, and medical services, except that

17 such medical services shall be for diagnostic and

18 evaluation purposes only) as may be required to as19 sist a child with a disability to benefit from special

20 education, and includes the early identification and

21 assessment of disabling conditions in children.

22 ‘‘(23) SECONDARY SCHOOL.—The term ‘second23 ary school’ means a nonprofit institutional day or

24 residential school that provides secondary education,
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1 as determined under State law, except that it does

2 not include any education beyond grade 12.

3 ‘‘(24) SECRETARY.—The term ‘Secretary’

4 means the Secretary of Education.

5 ‘‘(25) SPECIAL EDUCATION.—The term ‘special

6 education’ means specially designed instruction, at

7 no cost to parents, to meet the unique needs of a

8 child with a disability, including—

9 ‘‘(A) instruction conducted in the class10 room, in the home, in hospitals and institutions,

11 and in other settings; and

12 ‘‘(B) instruction in physical education.

13 ‘‘(26) SPECIFIC LEARNING DISABILITY.—

14 ‘‘(A) IN GENERAL.—The term ‘specific

15 learning disability’ means a disorder in one or

16 more of the basic psychological processes in17 volved in understanding or in using language,

18 spoken or written, which disorder may manifest

19 itself in imperfect ability to listen, think, speak,

20 read, write, spell, or do mathematical calcula21 tions.

22 ‘‘(B) DISORDERS INCLUDED.—Such term

23 includes such conditions as perceptual disabil24 ities, brain injury, minimal brain dysfunction,

25 dyslexia, and developmental aphasia.
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1 ‘‘(C) DISORDERS NOT INCLUDED.—Such

2 term does not include a learning problem that

3 is primarily the result of visual, hearing, or

4 motor disabilities, of mental retardation, of

5 emotional disturbance, or of environmental, cul6 tural, or economic disadvantage.

7 ‘‘(27) STATE.—The term ‘State’ means each of

8 the 50 States, the District of Columbia, the Com9 monwealth of Puerto Rico, and each of the outlying

10 areas.

11 ‘‘(28) STATE EDUCATIONAL AGENCY.—The

12 term ‘State educational agency’ means the State

13 board of education or other agency or officer pri14 marily responsible for the State supervision of public

15 elementary and secondary schools, or, if there is no

16 such officer or agency, an officer or agency des17 ignated by the Governor or by State law.

18 ‘‘(29) SUPPLEMENTARY AIDS AND SERVICES.—

19 The term ‘supplementary aids and services’ means,

20 aids, services, and other supports that are provided

21 in regular education classes or other education-relat22 ed settings to enable children with disabilities to be

23 educated with nondisabled children to the maximum

24 extent appropriate in accordance with section

25 612(a)(5).
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1 ‘‘(30) TRANSITION SERVICES.—The term ‘tran2 sition services’ means a coordinated set of activities

3 for a student with a disability that—

4 ‘‘(A) is designed within an outcome-ori5 ented process, which promotes movement from

6 school to post-school activities, including post7 secondary education, vocational training, inte8 grated employment (including supported em9 ployment), continuing and adult education,

10 adult services, independent living, or community

11 participation;

12 ‘‘(B) is based upon the individual student’s

13 needs, taking into account the student’s pref14 erences and interests; and

15 ‘‘(C) includes instruction, related services,

16 community experiences, the development of em17 ployment and other post-school adult living ob18 jectives, and, when appropriate, acquisition of

19 daily living skills and functional vocational eval20 uation.

21 ‘‘SEC. 603. OFFICE OF SPECIAL EDUCATION PROGRAMS.

22 ‘‘(a) ESTABLISHMENT.—There shall be, within the

23 Office of Special Education and Rehabilitative Services in

24 the Department of Education, an Office of Special Edu25 cation Programs, which shall be the principal agency in
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1 such Department for administering and carrying out this

2 Act and other programs and activities concerning the edu3 cation of children with disabilities.

4 ‘‘(b) DIRECTOR.—The Office established under sub5 section (a) shall be headed by a Director who shall be se6 lected by the Secretary and shall report directly to the As7 sistant Secretary for Special Education and Rehabilitative

8 Services.

9 ‘‘(c) VOLUNTARY AND UNCOMPENSATED SERV10 ICES.—Notwithstanding section 1342 of title 31, United

11 States Code, the Secretary is authorized to accept vol12 untary and uncompensated services in furtherance of the

13 purposes of this Act.

14 ‘‘SEC. 604. ABROGATION OF STATE SOVEREIGN IMMUNITY.

15 ‘‘(a) IN GENERAL.—A State shall not be immune

16 under the eleventh amendment to the Constitution of the

17 United States from suit in Federal court for a violation

18 of this Act.

19 ‘‘(b) REMEDIES.—In a suit against a State for a vio20 lation of this Act, remedies (including remedies both at

21 law and in equity) are available for such a violation to

22 the same extent as those remedies are available for such

23 a violation in the suit against any public entity other than

24 a State.
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1 ‘‘(c) EFFECTIVE DATE.—Subsections (a) and (b)

2 apply with respect to violations that occur in whole or part

3 after the date of the enactment of the Education of the

4 Handicapped Act Amendments of 1990.

5 ‘‘SEC. 605. ACQUISITION OF EQUIPMENT; CONSTRUCTION

6 OR ALTERATION OF FACILITIES.

7 ‘‘(a) IN GENERAL.—If the Secretary determines that

8 a program authorized under this Act would be improved

9 by permitting program funds to be used to acquire appro10 priate equipment, or to construct new facilities or alter

11 existing facilities, the Secretary is authorized to allow the

12 use of those funds for those purposes.

13 ‘‘(b) COMPLIANCE WITH CERTAIN REGULATIONS.—

14 Any construction of new facilities or alteration of existing

15 facilities under subsection (a) shall comply with the re16 quirements of—

17 ‘‘(1) appendix A of part 36 of title 28, Code of

18 Federal Regulations (commonly known as the

19 ‘Americans with Disabilities Accessibility Guidelines

20 for Buildings and Facilities’); or

21 ‘‘(2) appendix A of part 101-19.6 of title 41,

22 Code of Federal Regulations (commonly known as

23 the ‘Uniform Federal Accessibility Standards’).
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1 ‘‘SEC. 606. EMPLOYMENT OF INDIVIDUALS WITH DISABIL2 ITIES.

3 ‘‘The Secretary shall ensure that each recipient of as4 sistance under this Act makes positive efforts to employ

5 and advance in employment qualified individuals with dis6 abilities in programs assisted under this Act.

7 ‘‘SEC. 607. REQUIREMENTS FOR PRESCRIBING REGULA8 TIONS.

9 ‘‘(a) PUBLIC COMMENT PERIOD.—The Secretary

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

11 on any regulation proposed under part B or part C of this

12 Act on which an opportunity for public comment is other13 wise required by law.

14 ‘‘(b) PROTECTIONS PROVIDED TO CHILDREN.—The

15 Secretary may not implement, or publish in final form,

16 any regulation prescribed pursuant to this Act that would

17 procedurally or substantively lessen the protections pro18 vided to children with disabilities under this Act, as em19 bodied in regulations in effect on July 20, 1983 (particu20 larly as such protections relate to parental consent to ini21 tial evaluation or initial placement in special education,

22 least restrictive environment, related services, timelines,

23 attendance of evaluation personnel at individualized edu24 cation program meetings, or qualifications of personnel),

25 except to the extent that such regulation reflects the clear

26 and unequivocal intent of the Congress in legislation.
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1 ‘‘(c) 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 ‘‘(d) CORRESPONDENCE FROM DEPARTMENT OF

7 EDUCATION DESCRIBING INTERPRETATIONS OF THIS

8 PART.—

9 ‘‘(1) IN GENERAL.—The Secretary shall, on a

10 quarterly basis, publish in the Federal Register, and

11 widely disseminate to interested entities through var12 ious additional forms of communication, a list of

13 correspondence from the Department of Education

14 received by individuals during the previous quarter

15 that describes the interpretations of the Department

16 of Education of this Act or the regulations imple17 mented pursuant to this Act.

18 ‘‘(2) ADDITIONAL INFORMATION.—For each

19 item of correspondence published in a list under

20 paragraph (1), the Secretary shall identify the topic

21 addressed by the correspondence and shall include

22 such other summary information as the Secretary

23 determines to be appropriate.

24 ‘‘(e) ISSUES OF NATIONAL SIGNIFICANCE.—If the

25 Secretary receives a written request regarding a policy,
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1 question, or interpretation under part B of this Act, and

2 determines that it raises an issue of general interest or

3 applicability of national significance to the implementation

4 of part B, the Secretary shall—

5 ‘‘(1) include a statement to that effect in any

6 written response;

7 ‘‘(2) widely disseminate that response to State

8 educational agencies, local educational agencies, par9 ent and advocacy organizations, and other interested

10 organizations, subject to applicable laws relating to

11 confidentiality of information; and

12 ‘‘(3) not later than one year after the date on

13 which the Secretary responds to the written request,

14 issue written guidance on such policy, question, or

15 interpretation through such means as the Secretary

16 determines to be appropriate and consistent with

17 law, such as a policy memorandum, notice of inter18 pretation, or notice of proposed rulemaking.

19 ‘‘(f) EXPLANATION.—Any written response by the

20 Secretary under subsection (e) regarding a policy, ques21 tion, or interpretation under part B of this Act shall in22 clude an explanation that the written response—

23 ‘‘(1) is provided as informal guidance and is not

24 legally binding; and
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•HR 5 EH

1 ‘‘(2) represents the interpretation by the De2 partment of Education of the applicable statutory or

3 regulatory requirements in the context of the specific

4 facts presented.

5 ‘‘PART B—ASSISTANCE FOR EDUCATION OF ALL

6 CHILDREN WITH DISABILITIES

7 ‘‘SEC. 611. AUTHORIZATION; ALLOTMENT; USE OF FUNDS;

8 AUTHORIZATION OF APPROPRIATIONS.

9 ‘‘(a) GRANTS TO STATES.—

10 ‘‘(1) PURPOSE OF GRANTS.—The Secretary

11 shall make grants to States and the outlying areas,

12 and provide funds to the Secretary of the Interior,

13 to assist them to provide special education and relat14 ed services to children with disabilities in accordance

15 with this part.

16 ‘‘(2) MAXIMUM AMOUNTS.—The maximum

17 amount of the grant a State may receive under this

18 section for any fiscal year is—

19 ‘‘(A) the number of children with disabil20 ities in the State who are receiving special edu21 cation and related services—

22 ‘‘(i) aged three through five if the

23 State is eligible for a grant under section

24 619; and
33

•HR 5 EH

1 ‘‘(ii) aged six through 21; multiplied

2 by

3 ‘‘(B) 40 percent of the average per-pupil

4 expenditure in public elementary and secondary

5 schools in the United States.

6 ‘‘(b) OUTLYING AREAS AND FREELY ASSOCIATED

7 STATES.—

8 ‘‘(1) FUNDS RESERVED.—From the amount ap9 propriated for any fiscal year under subsection (j),

10 the Secretary shall reserve not more than one per11 cent, which shall be used—

12 ‘‘(A) to provide assistance to the outlying

13 areas in accordance with their respective popu14 lations of individuals aged three through 21;

15 and

16 ‘‘(B) for fiscal years 1998 through 2001,

17 to carry out the competition described in para18 graph (2), except that the amount reserved to

19 carry out that competition shall not exceed the

20 amount reserved for fiscal year 1996 for the

21 competition under part B of this Act described

22 under the heading ‘‘SPECIAL EDUCATION’’

23 in Public Law 104–134.

24 ‘‘(2) LIMITATION FOR FREELY ASSOCIATED

25 STATES.—
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1 ‘‘(A) COMPETITIVE GRANTS.—The Sec2 retary shall use funds described in paragraph

3 (1)(B) to award grants, on a competitive basis,

4 to Guam, American Samoa, the Commonwealth

5 of the Northern Mariana Islands, and the freely

6 associated States to carry out the purposes of

7 this part.

8 ‘‘(B) AWARD BASIS.—The Secretary shall

9 award grants under subparagraph (A) on a

10 competitive basis, pursuant to the recommenda11 tions of the Pacific Region Educational Labora12 tory in Honolulu, Hawaii. Those recommenda13 tions shall be made by experts in the field of

14 special education and related services.

15 ‘‘(C) ASSISTANCE REQUIREMENTS.—Any

16 freely associated State that wishes to receive

17 funds under this part shall include, in its appli18 cation for assistance—

19 ‘‘(i) information demonstrating that it

20 will meet all conditions that apply to

21 States under this part;

22 ‘‘(ii) an assurance that, notwithstand23 ing any other provision of this part, it will

24 use those funds only for the direct provi25 sion of special education and related serv-
35

•HR 5 EH

1 ices to children with disabilities and to en2 hance its capacity to make a free appro3 priate public education available to all chil4 dren with disabilities;

5 ‘‘(iii) the identity of the source and

6 amount of funds, in addition to funds

7 under this part, that it will make available

8 to ensure that a free appropriate public

9 education is available to all children with

10 disabilities within its jurisdiction; and

11 ‘‘(iv) such other information and as12 surances as the Secretary may require.

13 ‘‘(D) TERMINATION OF ELIGIBILITY.—

14 Notwithstanding any other provision of law, the

15 freely associated States shall not receive any

16 funds under this part for any program year

17 that begins after September 30, 2001.

18 ‘‘(E) ADMINISTRATIVE COSTS.—The Sec19 retary may provide not more than five percent

20 of the amount reserved for grants under this

21 paragraph to pay the administrative costs of

22 the Pacific Region Educational Laboratory

23 under subparagraph (B).
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1 ‘‘(3) LIMITATION.—An outlying area is not eli2 gible for a competitive award under paragraph (2)

3 unless it receives assistance under paragraph (1)(A).

4 ‘‘(4) SPECIAL RULE.—The provisions of Public

5 Law 95–134, permitting the consolidation of grants

6 by the outlying areas, shall not apply to funds pro7 vided to those areas or to the freely associated

8 States under this section.

9 ‘‘(5) ELIGIBILITY FOR DISCRETIONARY PRO10 GRAMS.—The freely associated States shall be eligi11 ble to receive assistance under subpart 2 of part D

12 of this Act until September 30, 2001.

13 ‘‘(6) DEFINITION.—As used in this subsection,

14 the term ‘freely associated States’ means the Repub15 lic of the Marshall Islands, the Federated States of

16 Micronesia, and the Republic of Palau.

17 ‘‘(c) SECRETARY OF THE INTERIOR.—From the

18 amount appropriated for any fiscal year under subsection

19 (j), the Secretary shall reserve 1.226 percent to provide

20 assistance to the Secretary of the Interior in accordance

21 with subsection (i).

22 ‘‘(d) ALLOCATIONS TO STATES.—

23 ‘‘(1) IN GENERAL.—After reserving funds for

24 studies and evaluations under section 674(e), and

25 for payments to the outlying areas and the Secretary
37

•HR 5 EH

1 of the Interior under subsections (b) and (c), the

2 Secretary shall allocate the remaining amount

3 among the States in accordance with paragraph (2)

4 or subsection (e), as the case may be.

5 ‘‘(2) INTERIM FORMULA.—Except as provided

6 in subsection (e), the Secretary shall allocate the

7 amount described in paragraph (1) among the

8 States in accordance with section 611(a)(3), (4), and

9 (5) and (b)(1), (2), and (3) of this Act, as in effect

10 prior to the enactment of the Individuals with Dis11 abilities Education Act Amendments of 1997, except

12 that the determination of the number of children

13 with disabilities receiving special education and re14 lated services under such section 611(a)(3) may, at

15 the State’s discretion, be calculated as of the last

16 Friday in October or as of December 1 of the fiscal

17 year for which the funds are appropriated.

18 ‘‘(e) PERMANENT FORMULA.—

19 ‘‘(1) ESTABLISHMENT OF BASE YEAR.—The

20 Secretary shall allocate the amount described in sub21 section (d)(1) among the States in accordance with

22 this subsection for each fiscal year beginning with

23 the first fiscal year for which the amount appro24 priated under subsection (j) is more than

25 $4,924,672,200.
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•HR 5 EH

1 ‘‘(2) USE OF BASE YEAR.—

2 ‘‘(A) DEFINITION.—As used in this sub3 section, the term ‘base year’ means the fiscal

4 year preceding the first fiscal year in which this

5 subsection applies.

6 ‘‘(B) SPECIAL RULE FOR USE OF BASE

7 YEAR AMOUNT.—If a State received any funds

8 under this section for the base year on the basis

9 of children aged three through five, but does

10 not make a free appropriate public education

11 available to all children with disabilities aged

12 three through five in the State in any subse13 quent fiscal year, the Secretary shall compute

14 the State’s base year amount, solely for the

15 purpose of calculating the State’s allocation in

16 that subsequent year under paragraph (3) or

17 (4), by subtracting the amount allocated to the

18 State for the base year on the basis of those

19 children.

20 ‘‘(3) INCREASE IN FUNDS.—If the amount

21 available for allocations to States under paragraph

22 (1) is equal to or greater than the amount allocated

23 to the States under this paragraph for the preceding

24 fiscal year, those allocations shall be calculated as

25 follows:
39

•HR 5 EH

1 ‘‘(A)(i) Except as provided in subpara2 graph (B), the Secretary shall—

3 ‘‘(I) allocate to each State the amount

4 it received for the base year;

5 ‘‘(II) allocate 85 percent of any re6 maining funds to States on the basis of

7 their relative populations of children aged

8 3 through 21 who are of the same age as

9 children with disabilities for whom the

10 State ensures the availability of a free ap11 propriate public education under this part;

12 and

13 ‘‘(III) allocate 15 percent of those re14 maining funds to States on the basis of

15 their relative populations of children de16 scribed in subclause (II) who are living in

17 poverty.

18 ‘‘(ii) For the purpose of making grants

19 under this paragraph, the Secretary shall use

20 the most recent population data, including data

21 on children living in poverty, that are available

22 and satisfactory to the Secretary.

23 ‘‘(B) Notwithstanding subparagraph (A),

24 allocations under this paragraph shall be sub25 ject to the following:
40

•HR 5 EH

1 ‘‘(i) No State’s allocation shall be less

2 than its allocation for the preceding fiscal

3 year.

4 ‘‘(ii) No State’s allocation shall be less

5 than the greatest of—

6 ‘‘(I) the sum of—

7 ‘‘(aa) the amount it received

8 for the base year; and

9 ‘‘(bb) one third of one per10 cent of the amount by which the

11 amount appropriated under sub12 section (j) exceeds the amount

13 appropriated under this section

14 for the base year;

15 ‘‘(II) the sum of—

16 ‘‘(aa) the amount it received

17 for the preceding fiscal year; and

18 ‘‘(bb) that amount multi19 plied by the percentage by which

20 the increase in the funds appro21 priated from the preceding fiscal

22 year exceeds 1.5 percent; or

23 ‘‘(III) the sum of—

24 ‘‘(aa) the amount it received

25 for the preceding fiscal year; and
41

•HR 5 EH

1 ‘‘(bb) that amount multi2 plied by 90 percent of the per3 centage increase in the amount

4 appropriated from the preceding

5 fiscal year.

6 ‘‘(iii) Notwithstanding clause (ii), no

7 State’s allocation under this paragraph

8 shall exceed the sum of—

9 ‘‘(I) the amount it received for

10 the preceding fiscal year; and

11 ‘‘(II) that amount multiplied by

12 the sum of 1.5 percent and the per13 centage increase in the amount appro14 priated.

15 ‘‘(C) If the amount available for allocations

16 under this paragraph is insufficient to pay

17 those allocations in full, those allocations shall

18 be ratably reduced, subject to subparagraph

19 (B)(i).

20 ‘‘(4) DECREASE IN FUNDS.—If the amount

21 available for allocations to States under paragraph

22 (1) is less than the amount allocated to the States

23 under this section for the preceding fiscal year, those

24 allocations shall be calculated as follows:
42

•HR 5 EH

1 ‘‘(A) If the amount available for allocations

2 is greater than the amount allocated to the

3 States for the base year, each State shall be al4 located the sum of—

5 ‘‘(i) the amount it received for the

6 base year; and

7 ‘‘(ii) an amount that bears the same

8 relation to any remaining funds as the in9 crease the State received for the preceding

10 fiscal year over the base year bears to the

11 total of all such increases for all States.

12 ‘‘(B)(i) If the amount available for alloca13 tions is equal to or less than the amount allo14 cated to the States for the base year, each

15 State shall be allocated the amount it received

16 for the base year.

17 ‘‘(ii) If the amount available is insufficient

18 to make the allocations described in clause (i),

19 those allocations shall be ratably reduced.

20 ‘‘(f) STATE-LEVEL ACTIVITIES.—

21 ‘‘(1) GENERAL.—

22 ‘‘(A) Each State may retain not more than

23 the amount described in subparagraph (B) for

24 administration and other State-level activities in

25 accordance with paragraphs (2) and (3).
43

•HR 5 EH

1 ‘‘(B) For each fiscal year, the Secretary

2 shall determine and report to the State edu3 cational agency an amount that is 25 percent of

4 the amount the State received under this sec5 tion for fiscal year 1997, cumulatively adjusted

6 by the Secretary for each succeeding fiscal year

7 by the lesser of—

8 ‘‘(i) the percentage increase, if any,

9 from the preceding fiscal year in the

10 State’s allocation under this section; or

11 ‘‘(ii) the rate of inflation, as measured

12 by the percentage increase, if any, from

13 the preceding fiscal year in the Consumer

14 Price Index For All Urban Consumers,

15 published by the Bureau of Labor Statis16 tics of the Department of Labor.

17 ‘‘(C) A State may use funds it retains

18 under subparagraph (A) without regard to—

19 ‘‘(i) the prohibition on commingling of

20 funds in section 612(a)(18)(B); and

21 ‘‘(ii) the prohibition on supplanting

22 other funds in section 612(a)(18)(C).

23 ‘‘(2) STATE ADMINISTRATION.—

24 ‘‘(A) For the purpose of administering this

25 part, including section 619 (including the co-
44

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1 ordination of activities under this part with,

2 and providing technical assistance to, other pro3 grams that provide services to children with dis4 abilities)—

5 ‘‘(i) each State may use not more

6 than twenty percent of the maximum

7 amount it may retain under paragraph

8 (1)(A) for any fiscal year or $500,000 (ad9 justed by the cumulative rate of inflation

10 since fiscal year 1998, as measured by the

11 percentage increase, if any, in the

12 Consumer Price Index For All Urban Con13 sumers, published by the Bureau of Labor

14 Statistics of the Department of Labor),

15 whichever is greater; and

16 ‘‘(ii) each outlying area may use up to

17 five percent of the amount it receives

18 under this section for any fiscal year or

19 $35,000, whichever is greater.

20 ‘‘(B) Funds described in subparagraph (A)

21 may also be used for the administration of part

22 C of this Act, if the State educational agency

23 is the lead agency for the State under that

24 part.
45

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1 ‘‘(3) OTHER STATE-LEVEL ACTIVITIES.—Each

2 State shall use any funds it retains under paragraph

3 (1) and does not use for administration under para4 graph (2) for any of the following:

5 ‘‘(A) Support and direct services, including

6 technical assistance and personnel development

7 and training.

8 ‘‘(B) Administrative costs of monitoring

9 and complaint investigation, but only to the ex10 tent that those costs exceed the costs incurred

11 for those activities during fiscal year 1985.

12 ‘‘(C) To establish and implement the medi13 ation process required by section 615(e), includ14 ing providing for the costs of mediators and

15 support personnel.

16 ‘‘(D) To assist local educational agencies

17 in meeting personnel shortages.

18 ‘‘(E) To develop a State Improvement Plan

19 under subpart 1 of part D.

20 ‘‘(F) Activities at the State and local levels

21 to meet the performance goals established by

22 the State under section 612(a)(16) and to sup23 port implementation of the State Improvement

24 Plan under subpart 1 of part D if the State re25 ceives funds under that subpart.
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•HR 5 EH

1 ‘‘(G) To supplement other amounts used to

2 develop and implement a Statewide coordinated

3 services system designed to improve results for

4 children and families, including children with

5 disabilities and their families, but not to exceed

6 one percent of the amount received by the State

7 under this section. This system shall be coordi8 nated with and, to the extent appropriate, build

9 on the system of coordinated services developed

10 by the State under part C of this Act.

11 ‘‘(H) For subgrants to local educational

12 agencies for the purposes described in para13 graph (4)(A).

14 ‘‘(4)(A) SUBGRANTS TO LOCAL EDUCATIONAL

15 AGENCIES FOR CAPACITY-BUILDING AND IMPROVE16 MENT.—In any fiscal year in which the percentage

17 increase in the State’s allocation under this section

18 exceeds the rate of inflation (as measured by the

19 percentage increase, if any, from the preceding fiscal

20 year in the Consumer Price Index For All Urban

21 Consumers, published by the Bureau of Labor Sta22 tistics of the Department of Labor), each State shall

23 reserve, from its allocation under this section, the

24 amount described in subparagraph (B) to make sub25 grants to local educational agencies, unless that
47

•HR 5 EH

1 amount is less than $100,000, to assist them in pro2 viding direct services and in making systemic change

3 to improve results for children with disabilities

4 through one or more of the following:

5 ‘‘(i) Direct services, including alternative

6 programming for children who have been ex7 pelled from school, and services for children in

8 correctional facilities, children enrolled in State9 operated or State-supported schools, and chil10 dren in charter schools.

11 ‘‘(ii) Addressing needs or carrying out im12 provement strategies identified in the State’s

13 Improvement Plan under subpart 1 of part D.

14 ‘‘(iii) Adopting promising practices, mate15 rials, and technology, based on knowledge de16 rived from education research and other

17 sources.

18 ‘‘(iv) Establishing, expanding, or imple19 menting interagency agreements and arrange20 ments between local educational agencies and

21 other agencies or organizations concerning the

22 provision of services to children with disabilities

23 and their families.
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1 ‘‘(v) Increasing cooperative problem-solving

2 between parents and school personnel and pro3 moting the use of alternative dispute resolution.

4 ‘‘(B) MAXIMUM SUBGRANT.—For each fiscal

5 year, the amount referred to in subparagraph (A)

6 is—

7 ‘‘(i) the maximum amount the State was

8 allowed to retain under paragraph (1)(A) for

9 the prior fiscal year, or for fiscal year 1998, 25

10 percent of the State’s allocation for fiscal year

11 1997 under this section; multiplied by

12 ‘‘(ii) the difference between the percentage

13 increase in the State’s allocation under this sec14 tion and the rate of inflation, as measured by

15 the percentage increase, if any, from the pre16 ceding fiscal year in the Consumer Price Index

17 For All Urban Consumers, published by the

18 Bureau of Labor Statistics of the Department

19 of Labor.

20 ‘‘(5) REPORT ON USE OF FUNDS.—As part of

21 the information required to be submitted to the Sec22 retary under section 612, each State shall annually

23 describe—
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1 ‘‘(A) how amounts retained under para2 graph (1) will be used to meet the requirements

3 of this part;

4 ‘‘(B) how those amounts will be allocated

5 among the activities described in paragraphs

6 (2) and (3) to meet State priorities based on

7 input from local educational agencies; and

8 ‘‘(C) the percentage of those amounts, if

9 any, that will be distributed to local educational

10 agencies by formula.

11 ‘‘(g) SUBGRANTS TO LOCAL EDUCATIONAL AGEN12 CIES.—

13 ‘‘(1) SUBGRANTS REQUIRED.—Each State that

14 receives a grant under this section for any fiscal

15 year shall distribute any funds it does not retain

16 under subsection (f) (at least 75 percent of the

17 grant funds) to local educational agencies in the

18 State that have established their eligibility under

19 section 613, and to State agencies that received

20 funds under section 614A(a) of this Act for fiscal

21 year 1997, as then in effect, and have established

22 their eligibility under section 613, for use in accord23 ance with this part.

24 ‘‘(2) ALLOCATIONS TO LOCAL EDUCATIONAL

25 AGENCIES.—
50

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1 ‘‘(A) INTERIM PROCEDURE.—For each fis2 cal year for which funds are allocated to States

3 under subsection (d)(2), each State shall allo4 cate funds under paragraph (1) in accordance

5 with section 611(d) of this Act, as in effect

6 prior to the enactment of the Individuals with

7 Disabilities Education Act Amendments of

8 1997.

9 ‘‘(B) PERMANENT PROCEDURE.—For each

10 fiscal year for which funds are allocated to

11 States under subsection (e), each State shall al12 locate funds under paragraph (1) as follows:

13 ‘‘(i) BASE PAYMENTS.—The State

14 shall first award each agency described in

15 paragraph (1) the amount that agency

16 would have received under this section for

17 the base year, as defined in subsection

18 (e)(2)(A), if the State had distributed 75

19 percent of its grant for that year under

20 section 611(d), as then in effect.

21 ‘‘(ii) ALLOCATION OF REMAINING

22 FUNDS.—After making allocations under

23 clause (i), the State shall—

24 ‘‘(I) allocate 85 percent of any

25 remaining funds to those agencies on
51

•HR 5 EH

1 the basis of the relative numbers of

2 children enrolled in public and private

3 elementary and secondary schools

4 within the agency’s jurisdiction; and

5 ‘‘(II) allocate 15 percent of those

6 remaining funds to those agencies in

7 accordance with their relative num8 bers of children living in poverty, as

9 determined by the State educational

10 agency.

11 ‘‘(3) FORMER CHAPTER 1 STATE AGENCIES.—

12 ‘‘(A) To the extent necessary, the State—

13 ‘‘(i) shall use funds that are available

14 under subsection (f)(1)(A) to ensure that

15 each State agency that received fiscal year

16 1994 funds under subpart 2 of part D of

17 chapter 1 of title I of the Elementary and

18 Secondary Education Act of 1965 receives,

19 from the combination of funds under sub20 section (f)(1)(A) and funds provided under

21 paragraph (1) of this subsection, an

22 amount equal to—

23 ‘‘(I) the number of children with

24 disabilities, aged 6 through 21, to

25 whom the agency was providing spe-
52

•HR 5 EH

1 cial education and related services on

2 December 1 of the fiscal year for

3 which the funds were appropriated,

4 subject to the limitation in subpara5 graph (B); multiplied by

6 ‘‘(II) the per-child amount pro7 vided under such subpart for fiscal

8 year 1994; and

9 ‘‘(ii) may use those funds to ensure

10 that each local educational agency that re11 ceived fiscal year 1994 funds under that

12 subpart for children who had transferred

13 from a State-operated or State-supported

14 school or program assisted under that sub15 part receives, from the combination of

16 funds available under subsection (f)(1)(A)

17 and funds provided under paragraph (1) of

18 this subsection, an amount for each such

19 child, aged 3 through 21 to whom the

20 agency was providing special education and

21 related services on December 1 of the fis22 cal year for which the funds were appro23 priated, equal to the per-child amount the

24 agency received under that subpart for fis25 cal year 1994.
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1 ‘‘(B) The number of children counted

2 under subparagraph (A)(i)(I) shall not exceed

3 the number of children aged 3 through 21 for

4 whom the agency received fiscal year 1994

5 funds under subpart 2 of part D of chapter 1

6 of title I of the Elementary and Secondary

7 Education Act of 1965.

8 ‘‘(4) REALLOCATION OF FUNDS.—If a State

9 educational agency determines that a local edu10 cational agency is adequately providing a free appro11 priate public education to all children with disabil12 ities residing in the area served by that agency with

13 State and local funds, the State educational agency

14 may reallocate any portion of the funds under this

15 part that are not needed by that local agency to pro16 vide a free appropriate public education to other

17 local educational agencies in the State that are not

18 adequately providing special education and related

19 services to all children with disabilities residing in

20 the areas they serve.

21 ‘‘(h) DEFINITIONS.—For the purpose of this sec22 tion—

23 ‘‘(1) the term ‘average per-pupil expenditure in

24 public elementary and secondary schools in the Unit25 ed States’ means—
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•HR 5 EH

1 ‘‘(A) without regard to the source of

2 funds—

3 ‘‘(i) the aggregate current expendi4 tures, during the second fiscal year preced5 ing the fiscal year for which the determina6 tion is made (or, if satisfactory data for

7 that year are not available, during the

8 most recent preceding fiscal year for which

9 satisfactory data are available) of all local

10 educational agencies in the 50 States and

11 the District of Columbia); plus

12 ‘‘(ii) any direct expenditures by the

13 State for the operation of those agencies;

14 divided by

15 ‘‘(B) the aggregate number of children in

16 average daily attendance to whom those agen17 cies provided free public education during that

18 preceding year; and

19 ‘‘(2) the term ‘State’ means each of the 50

20 States, the District of Columbia, and the Common21 wealth of Puerto Rico.

22 ‘‘(i) USE OF AMOUNTS BY SECRETARY OF THE INTE23 RIOR.—

24 ‘‘(1) PROVISION OF AMOUNTS FOR ASSIST25 ANCE.—
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1 ‘‘(A) IN GENERAL.—The Secretary of Edu2 cation shall provide amounts to the Secretary of

3 the Interior to meet the need for assistance for

4 the education of children with disabilities on

5 reservations aged 5 to 21, inclusive, enrolled in

6 elementary and secondary schools for Indian

7 children operated or funded by the Secretary of

8 the Interior. The amount of such payment for

9 any fiscal year shall be equal to 80 percent of

10 the amount allotted under subsection (c) for

11 that fiscal year.

12 ‘‘(B) CALCULATION OF NUMBER OF CHIL13 DREN.—In the case of Indian students aged 3

14 to 5, inclusive, who are enrolled in programs af15 filiated with the Bureau of Indian Affairs (here16 after in this subsection referred to as ‘BIA’)

17 schools and that are required by the States in

18 which such schools are located to attain or

19 maintain State accreditation, and which schools

20 have such accreditation prior to the date of en21 actment of the Individuals with Disabilities

22 Education Act Amendments of 1991, the school

23 shall be allowed to count those children for the

24 purpose of distribution of the funds provided

25 under this paragraph to the Secretary of the
56

•HR 5 EH

1 Interior. The Secretary of the Interior shall be

2 responsible for meeting all of the requirements

3 of this part for these children, in accordance

4 with paragraph (2).

5 ‘‘(C) ADDITIONAL REQUIREMENT.—With

6 respect to all other children aged 3 to 21, inclu7 sive, on reservations, the State educational

8 agency shall be responsible for ensuring that all

9 of the requirements of this part are imple10 mented.

11 ‘‘(2) SUBMISSION OF INFORMATION.—The Sec12 retary of Education may provide the Secretary of

13 the Interior amounts under paragraph (1) for a fis14 cal year only if the Secretary of the Interior submits

15 to the Secretary of Education information that—

16 ‘‘(A) demonstrates that the Department of

17 the Interior meets the appropriate require18 ments, as determined by the Secretary of Edu19 cation, of sections 612 (including monitoring

20 and evaluation activities) and 613;

21 ‘‘(B) includes a description of how the Sec22 retary of the Interior will coordinate the provi23 sion of services under this part with local edu24 cational agencies, tribes and tribal organiza-
57

•HR 5 EH

1 tions, and other private and Federal service

2 providers;

3 ‘‘(C) includes an assurance that there are

4 public hearings, adequate notice of such hear5 ings, and an opportunity for comment afforded

6 to members of tribes, tribal governing bodies,

7 and affected local school boards before the

8 adoption of the policies, programs, and proce9 dures described in subparagraph (A);

10 ‘‘(D) includes an assurance that the Sec11 retary of the Interior will provide such informa12 tion as the Secretary of Education may require

13 to comply with section 618;

14 ‘‘(E) includes an assurance that the Sec15 retary of the Interior and the Secretary of

16 Health and Human Services have entered into

17 a memorandum of agreement, to be provided to

18 the Secretary of Education, for the coordination

19 of services, resources, and personnel between

20 their respective Federal, State, and local offices

21 and with State and local educational agencies

22 and other entities to facilitate the provision of

23 services to Indian children with disabilities re24 siding on or near reservations (such agreement

25 shall provide for the apportionment of respon-
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•HR 5 EH

1 sibilities and costs including, but not limited to,

2 child find, evaluation, diagnosis, remediation or

3 therapeutic measures, and (where appropriate)

4 equipment and medical or personal supplies as

5 needed for a child to remain in school or a pro6 gram); and

7 ‘‘(F) includes an assurance that the De8 partment of the Interior will cooperate with the

9 Department of Education in its exercise of

10 monitoring and oversight of this application,

11 and any agreements entered into between the

12 Secretary of the Interior and other entities

13 under this part, and will fulfill its duties under

14 this part.

15 Section 616(a) shall apply to the information de16 scribed in this paragraph.

17 ‘‘(3) PAYMENTS FOR EDUCATION AND SERVICES

18 FOR INDIAN CHILDREN WITH DISABILITIES AGED 3

19 THROUGH 5.—

20 ‘‘(A) IN GENERAL.—With funds appro21 priated under subsection (j), the Secretary of

22 Education shall make payments to the Sec23 retary of the Interior to be distributed to tribes

24 or tribal organizations (as defined under section

25 4 of the Indian Self-Determination and Edu-
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•HR 5 EH

1 cation Assistance Act) or consortia of the above

2 to provide for the coordination of assistance for

3 special education and related services for chil4 dren with disabilities aged 3 through 5 on res5 ervations served by elementary and secondary

6 schools for Indian children operated or funded

7 by the Department of the Interior. The amount

8 of such payments under subparagraph (B) for

9 any fiscal year shall be equal to 20 percent of

10 the amount allotted under subsection (c).

11 ‘‘(B) DISTRIBUTION OF FUNDS.—The Sec12 retary of the Interior shall distribute the total

13 amount of the payment under subparagraph

14 (A) by allocating to each tribe or tribal organi15 zation an amount based on the number of chil16 dren with disabilities ages 3 through 5 residing

17 on reservations as reported annually, divided by

18 the total of those children served by all tribes

19 or tribal organizations.

20 ‘‘(C) SUBMISSION OF INFORMATION.—To

21 receive a payment under this paragraph, the

22 tribe or tribal organization shall submit such

23 figures to the Secretary of the Interior as re24 quired to determine the amounts to be allocated

25 under subparagraph (B). This information shall
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•HR 5 EH

1 be compiled and submitted to the Secretary of

2 Education.

3 ‘‘(D) USE OF FUNDS.—The funds received

4 by a tribe or tribal organization shall be used

5 to assist in child find, screening, and other pro6 cedures for the early identification of children

7 aged 3 through 5, parent training, and the pro8 vision of direct services. These activities may be

9 carried out directly or through contracts or co10 operative agreements with the BIA, local edu11 cational agencies, and other public or private

12 nonprofit organizations. The tribe or tribal or13 ganization is encouraged to involve Indian par14 ents in the development and implementation of

15 these activities. The above entities shall, as ap16 propriate, make referrals to local, State, or

17 Federal entities for the provision of services or

18 further diagnosis.

19 ‘‘(E) BIENNIAL REPORT.—To be eligible to

20 receive a grant pursuant to subparagraph (A),

21 the tribe or tribal organization shall provide to

22 the Secretary of the Interior a biennial report

23 of activities undertaken under this paragraph,

24 including the number of contracts and coopera25 tive agreements entered into, the number of
61

•HR 5 EH

1 children contacted and receiving services for

2 each year, and the estimated number of chil3 dren needing services during the 2 years follow4 ing the one in which the report is made. The

5 Secretary of the Interior shall include a sum6 mary of this information on a biennial basis in

7 the report to the Secretary of Education re8 quired under this subsection. The Secretary of

9 Education may require any additional informa10 tion from the Secretary of the Interior.

11 ‘‘(F) PROHIBITIONS.—None of the funds

12 allocated under this paragraph may be used by

13 the Secretary of the Interior for administrative

14 purposes, including child count and the provi15 sion of technical assistance.

16 ‘‘(4) PLAN FOR COORDINATION OF SERVICES.—

17 The Secretary of the Interior shall develop and im18 plement a plan for the coordination of services for

19 all Indian children with disabilities residing on res20 ervations covered under this Act. Such plan shall

21 provide for the coordination of services benefiting

22 these children from whatever source, including

23 tribes, the Indian Health Service, other BIA divi24 sions, and other Federal agencies. In developing the

25 plan, the Secretary of the Interior shall consult with
62

•HR 5 EH

1 all interested and involved parties. It shall be based

2 on the needs of the children and the system best

3 suited for meeting those needs, and may involve the

4 establishment of cooperative agreements between the

5 BIA, other Federal agencies, and other entities. The

6 plan shall also be distributed upon request to States,

7 State and local educational agencies, and other

8 agencies providing services to infants, toddlers, and

9 children with disabilities, to tribes, and to other in10 terested parties.

11 ‘‘(5) ESTABLISHMENT OF ADVISORY BOARD.—

12 To meet the requirements of section 612(a)(21), the

13 Secretary of the Interior shall establish, not later

14 than 6 months after the date of the enactment of

15 the Individuals with Disabilities Education Act

16 Amendments of 1997, under the BIA, an advisory

17 board composed of individuals involved in or con18 cerned with the education and provision of services

19 to Indian infants, toddlers, children, and youth with

20 disabilities, including Indians with disabilities, In21 dian parents or guardians of such children, teachers,

22 service providers, State and local educational offi23 cials, representatives of tribes or tribal organiza24 tions, representatives from State Interagency Co25 ordinating Councils under section 641 in States hav-
63

•HR 5 EH

1 ing reservations, and other members representing

2 the various divisions and entities of the BIA. The

3 chairperson shall be selected by the Secretary of the

4 Interior. The advisory board shall—

5 ‘‘(A) assist in the coordination of services

6 within the BIA and with other local, State, and

7 Federal agencies in the provision of education

8 for infants, toddlers, and children with disabil9 ities;

10 ‘‘(B) advise and assist the Secretary of the

11 Interior in the performance of the Secretary’s

12 responsibilities described in this subsection;

13 ‘‘(C) develop and recommend policies con14 cerning effective inter- and intra-agency collabo15 ration, including modifications to regulations,

16 and the elimination of barriers to inter- and

17 intra-agency programs and activities;

18 ‘‘(D) provide assistance and disseminate

19 information on best practices, effective program

20 coordination strategies, and recommendations

21 for improved educational programming for In22 dian infants, toddlers, and children with disabil23 ities; and
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•HR 5 EH

1 ‘‘(E) provide assistance in the preparation

2 of information required under paragraph

3 (2)(D).

4 ‘‘(6) ANNUAL REPORTS.—

5 ‘‘(A) IN GENERAL.—The advisory board

6 established under paragraph (5) shall prepare

7 and submit to the Secretary of the Interior and

8 to the Congress an annual report containing a

9 description of the activities of the advisory

10 board for the preceding year.

11 ‘‘(B) AVAILABILITY.—The Secretary of the

12 Interior shall make available to the Secretary of

13 Education the report described in subparagraph

14 (A).

15 ‘‘(j) AUTHORIZATION OF APPROPRIATIONS.—For the

16 purpose of carrying out this part, other than section 619,

17 there are authorized to be appropriated such sums as may

18 be necessary.

19 ‘‘SEC. 612. STATE ELIGIBILITY.

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

21 under this part for a fiscal year if the State demonstrates

22 to the satisfaction of the Secretary that the State has in

23 effect policies and procedures to ensure that it meets each

24 of the following conditions:
65

•HR 5 EH

1 ‘‘(1) FREE APPROPRIATE PUBLIC EDU2 CATION.—

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

4 public education is available to all children with

5 disabilities residing in the State between the

6 ages of 3 and 21, inclusive, including children

7 with disabilities who have been suspended or ex8 pelled from school.

9 ‘‘(B) LIMITATION.—The obligation to

10 make a free appropriate public education avail11 able to all children with disabilities does not

12 apply with respect to children:

13 ‘‘(i) aged 3 through 5 and 18 through

14 21 in a State to the extent that its applica15 tion to those children would be inconsistent

16 with State law or practice, or the order of

17 any court, respecting the provision of pub18 lic education to children in those age

19 ranges; and

20 ‘‘(ii) aged 18 through 21 to the extent

21 that State law does not require that special

22 education and related services under this

23 part be provided to children with disabil24 ities who, in the educational placement
66

•HR 5 EH

1 prior to their incarceration in an adult cor2 rectional facility:

3 ‘‘(I) were not actually identified

4 as being a child with a disability

5 under section 602(3) of this Act; or

6 ‘‘(II) did not have an Individual7 ized Education Program under this

8 part.

9 ‘‘(2) FULL EDUCATIONAL OPPORTUNITY

10 GOAL.—The State has established a goal of provid11 ing full educational opportunity to all children with

12 disabilities and a detailed timetable for accomplish13 ing that goal.

14 ‘‘(3) CHILD FIND.—

15 ‘‘(A) IN GENERAL.—All children with dis16 abilities residing in the State, including children

17 with disabilities attending private schools, re18 gardless of the severity of their disabilities, and

19 who are in need of special education and related

20 services, are identified, located, and evaluated

21 and a practical method is developed and imple22 mented to determine which children with dis23 abilities are currently receiving needed special

24 education and related services.
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•HR 5 EH

1 ‘‘(B) CONSTRUCTION.—Nothing in this

2 Act requires that children be classified by their

3 disability so long as each child who has a dis4 ability listed in section 602 and who, by reason

5 of that disability, needs special education and

6 related services is regarded as a child with a

7 disability under this part.

8 ‘‘(4) INDIVIDUALIZED EDUCATION PROGRAM.—

9 An individualized education program, or an individ10 ualized family service plan that meets the require11 ments of section 636(d), is developed, reviewed, and

12 revised for each child with a disability in accordance

13 with section 614(d).

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

22 environment occurs only when the nature or se23 verity of the disability of a child is such that

24 education in regular classes with the use of sup-
68

•HR 5 EH

1 plementary aids and services cannot be achieved

2 satisfactorily.

3 ‘‘(B) ADDITIONAL REQUIREMENT.—

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

7 type of setting in which a child is served,

8 the funding mechanism does not result in

9 placements that violate the requirements of

10 subparagraph (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 an assurance that it

15 will revise the funding mechanism as soon

16 as feasible to ensure that such mechanism

17 does not result in such placements.

18 ‘‘(6) PROCEDURAL SAFEGUARDS.—

19 ‘‘(A) IN GENERAL.—Children with disabil20 ities and their parents are afforded the proce21 dural safeguards required by section 615.

22 ‘‘(B) ADDITIONAL PROCEDURAL SAFE23 GUARDS.—Procedures to ensure that testing

24 and evaluation materials and procedures uti25 lized for the purposes of evaluation and place-
69

•HR 5 EH

1 ment of children with disabilities will be se2 lected and administered so as not to be racially

3 or culturally discriminatory. Such materials or

4 procedures shall be provided and administered

5 in the child’s native language or mode of com6 munication, unless it clearly is not feasible to

7 do so, and no single procedure shall be the sole

8 criterion for determining an appropriate edu9 cational program for a child.

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

11 are evaluated in accordance with subsections (a)

12 through (c) of section 614.

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

14 comply with section 617(c) (relating to the confiden15 tiality of records and information).

16 ‘‘(9) TRANSITION FROM PART C TO PRESCHOOL

17 PROGRAMS.—Children participating in early-inter18 vention programs assisted under part C, and who

19 will participate in preschool programs assisted under

20 this part, experience a smooth and effective transi21 tion to those preschool programs in a manner con22 sistent with section 637(a)(8). By the third birthday

23 of such a child, an individualized education program

24 or, if consistent with sections 614(d)(2)(B) and

25 636(d), an individualized family service plan, has
70

•HR 5 EH

1 been developed and is being implemented for the

2 child. The local educational agency will participate in

3 transition planning conferences arranged by the des4 ignated lead agency under section 637(a)(8).

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

6 ‘‘(A) CHILDREN ENROLLED IN PRIVATE

7 SCHOOLS BY THEIR PARENTS.—

8 ‘‘(i) IN GENERAL.—To the extent con9 sistent with the number and location of

10 children with disabilities in the State who

11 are enrolled by their parents in private ele12 mentary and secondary schools, provision

13 is made for the participation of those chil14 dren in the program assisted or carried out

15 under this part by providing for such chil16 dren special education and related services

17 in accordance with the following require18 ments, unless the Secretary has arranged

19 for services to those children under sub20 section (f):

21 ‘‘(I) Amounts expended for the

22 provision of those services by a local

23 educational agency shall be equal to a

24 proportionate amount of Federal

25 funds made available under this part.
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•HR 5 EH

1 ‘‘(II) Such services may be pro2 vided to children with disabilities on

3 the premises of private, including pa4 rochial, schools, to the extent consist5 ent with law.

6 ‘‘(ii) CHILD-FIND REQUIREMENT.—

7 The requirements of paragraph (3) of this

8 subsection (relating to child find) shall

9 apply with respect to children with disabil10 ities in the State who are enrolled in pri11 vate, including parochial, elementary and

12 secondary schools.

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

14 TO, PRIVATE SCHOOLS BY PUBLIC AGENCIES.—

15 ‘‘(i) IN GENERAL.—Children with dis16 abilities in private schools and facilities are

17 provided special education and related

18 services, in accordance with an individual19 ized education program, at no cost to their

20 parents, if such children are placed in, or

21 referred to, such schools or facilities by the

22 State or appropriate local educational

23 agency as the means of carrying out the

24 requirements of this part or any other ap25 plicable law requiring the provision of spe-
72

•HR 5 EH

1 cial education and related services to all

2 children with disabilities within such State.

3 ‘‘(ii) STANDARDS.—In all cases de4 scribed in clause (i), the State educational

5 agency shall determine whether such

6 schools and facilities meet standards that

7 apply to State and local educational agen8 cies and that children so served have all

9 the rights they would have if served by

10 such agencies.

11 ‘‘(C) PAYMENT FOR EDUCATION OF CHIL12 DREN ENROLLED IN PRIVATE SCHOOLS WITH13 OUT CONSENT OF OR REFERRAL BY THE PUB14 LIC AGENCY.—

15 ‘‘(i) IN GENERAL.—Subject to sub16 paragraph (A), this part does not require

17 a local educational agency to pay for the

18 cost of education, including special edu19 cation and related services, of a child with

20 a disability at a private school or facility if

21 that agency made a free appropriate public

22 education available to the child and the

23 parents elected to place the child in such

24 private school or facility.
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•HR 5 EH

1 ‘‘(ii) REIMBURSEMENT FOR PRIVATE

2 SCHOOL PLACEMENT.—If the parents of a

3 child with a disability, who previously re4 ceived special education and related serv5 ices under the authority of a public agency,

6 enroll the child in a private elementary or

7 secondary school without the consent of or

8 referral by the public agency, a court or a

9 hearing officer may require the agency to

10 reimburse the parents for the cost of that

11 enrollment if the court or hearing officer

12 finds that the agency had not made a free

13 appropriate public education available to

14 the child in a timely manner prior to that

15 enrollment.

16 ‘‘(iii) LIMITATION ON REIMBURSE17 MENT.—The cost of reimbursement de18 scribed in clause (ii) may be reduced or de19 nied—

20 ‘‘(I) if—

21 ‘‘(aa) at the most recent

22 IEP meeting that the parents at23 tended prior to removal of the

24 child from the public school, the

25 parents did not inform the IEP
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•HR 5 EH

1 Team that they were rejecting

2 the placement proposed by the

3 public agency to provide a free

4 appropriate public education to

5 their child, including stating their

6 concerns and their intent to en7 roll their child in a private school

8 at public expense; or

9 ‘‘(bb) 10 business days (in10 cluding any holidays that occur

11 on a business day) prior to the

12 removal of the child from the

13 public school, the parents did not

14 give written notice to the public

15 agency of the information de16 scribed in division (aa);

17 ‘‘(II) if, prior to the parents’ re18 moval of the child from the public

19 school, the public agency informed the

20 parents, through the notice require21 ments described in section 615(b)(7),

22 of its intent to evaluate the child (in23 cluding a statement of the purpose of

24 the evaluation that was appropriate

25 and reasonable), but the parents did
75

•HR 5 EH

1 not make the child available for such

2 evaluation; or

3 ‘‘(III) upon a judicial finding of

4 unreasonableness with respect to ac5 tions taken by the parents.

6 ‘‘(iv) EXCEPTION.—Notwithstanding

7 the notice requirement in clause (iii)(I),

8 the cost of reimbursement may not be re9 duced or denied for failure to provide such

10 notice if—

11 ‘‘(I) the parent is illiterate and

12 cannot write in English;

13 ‘‘(II) compliance with clause

14 (iii)(I) would likely result in physical

15 or serious emotional harm to the

16 child;

17 ‘‘(III) the school prevented the

18 parent from providing such notice; or

19 ‘‘(IV) the parents had not re20 ceived notice, pursuant to section 615,

21 of the notice requirement in clause

22 (iii)(I).

23 ‘‘(11) STATE EDUCATIONAL AGENCY RESPON24 SIBLE FOR GENERAL SUPERVISION.—
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•HR 5 EH

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

2 agency is responsible for ensuring that—

3 ‘‘(i) the requirements of this part are

4 met; and

5 ‘‘(ii) all educational programs for chil6 dren with disabilities in the State, includ7 ing all such programs administered by any

8 other State or local agency—

9 ‘‘(I) are under the general super10 vision of individuals in the State who

11 are responsible for educational pro12 grams for children with disabilities;

13 and

14 ‘‘(II) meet the educational stand15 ards of the State educational agency.

16 ‘‘(B) LIMITATION.—Subparagraph (A)

17 shall not limit the responsibility of agencies in

18 the State other than the State educational

19 agency to provide, or pay for some or all of the

20 costs of, a free appropriate public education for

21 any child with a disability in the State.

22 ‘‘(C) EXCEPTION.—Notwithstanding sub23 paragraphs (A) and (B), the Governor (or an24 other individual pursuant to State law), consist25 ent with State law, may assign to any public
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•HR 5 EH

1 agency in the State the responsibility of ensur2 ing that the requirements of this part are met

3 with respect to children with disabilities who

4 are convicted as adults under State law and in5 carcerated in adult prisons.

6 ‘‘(12) OBLIGATIONS RELATED TO AND METH7 ODS OF ENSURING SERVICES.—

8 ‘‘(A) ESTABLISHING RESPONSIBILITY FOR

9 SERVICES.—The Chief Executive Officer or des10 ignee of the officer shall ensure that an inter11 agency agreement or other mechanism for inter12 agency coordination is in effect between each

13 public agency described in subparagraph (B)

14 and the State educational agency, in order to

15 ensure that all services described in subpara16 graph (B)(i) that are needed to ensure a free

17 appropriate public education are provided, in18 cluding the provision of such services during the

19 pendency of any dispute under clause (iii). Such

20 agreement or mechanism shall include the fol21 lowing:

22 ‘‘(i) AGENCY FINANCIAL RESPON23 SIBILITY.—An identification of, or a meth24 od for defining, the financial responsibility

25 of each agency for providing services de-
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•HR 5 EH

1 scribed in subparagraph (B)(i) to ensure a

2 free appropriate public education to chil3 dren with disabilities, provided that the fi4 nancial responsibility of each public agency

5 described in subparagraph (B), including

6 the State Medicaid agency and other public

7 insurers of children with disabilities, shall

8 precede the financial responsibility of the

9 local educational agency (or the State

10 agency responsible for developing the

11 child’s IEP).

12 ‘‘(ii) CONDITIONS AND TERMS OF RE13 IMBURSEMENT.—The conditions, terms,

14 and procedures under which a local edu15 cational agency shall be reimbursed by

16 other agencies.

17 ‘‘(iii) INTERAGENCY DISPUTES.—Pro18 cedures for resolving interagency disputes

19 (including procedures under which local

20 educational agencies may initiate proceed21 ings) under the agreement or other mecha22 nism to secure reimbursement from other

23 agencies or otherwise implement the provi24 sions of the agreement or mechanism.
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•HR 5 EH

1 ‘‘(iv) COORDINATION OF SERVICES

2 PROCEDURES.—Policies and procedures for

3 agencies to determine and identify the

4 interagency coordination responsibilities of

5 each agency to promote the coordination

6 and timely and appropriate delivery of

7 services described in subparagraph (B)(i).

8 ‘‘(B) OBLIGATION OF PUBLIC AGENCY.—

9 ‘‘(i) IN GENERAL.—If any public

10 agency other than an educational agency is

11 otherwise obligated under Federal or State

12 law, or assigned responsibility under State

13 policy or pursuant to subparagraph (A), to

14 provide or pay for any services that are

15 also considered special education or related

16 services (such as, but not limited to, serv17 ices described in sections 602(1) relating

18 to assistive technology devices, 602(2) re19 lating to assistive technology services,

20 602(22) relating to related services,

21 602(29) relating to supplementary aids

22 and services, and 602(30) relating to tran23 sition services) that are necessary for en24 suring a free appropriate public education

25 to children with disabilities within the
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•HR 5 EH

1 State, such public agency shall fulfill that

2 obligation or responsibility, either directly

3 or through contract or other arrangement.

4 ‘‘(ii) REIMBURSEMENT FOR SERVICES

5 BY PUBLIC AGENCY.—If a public agency

6 other than an educational agency fails to

7 provide or pay for the special education

8 and related services described in clause (i),

9 the local educational agency (or State

10 agency responsible for developing the

11 child’s IEP) shall provide or pay for such

12 services to the child. Such local educational

13 agency or State agency may then claim re14 imbursement for the services from the pub15 lic agency that failed to provide or pay for

16 such services and such public agency shall

17 reimburse the local educational agency or

18 State agency pursuant to the terms of the

19 interagency agreement or other mechanism

20 described in subparagraph (A)(i) according

21 to the procedures established in such

22 agreement pursuant to subparagraph

23 (A)(ii).

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

25 subparagraph (A) may be met through—
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•HR 5 EH

1 ‘‘(i) STATE STATUTE OR REGULATION;

2 ‘‘(ii) signed agreements between re3 spective agency officials that clearly iden4 tify the responsibilities of each agency re5 lating to the provision of services; or

6 ‘‘(iii) other appropriate written meth7 ods as determined by the Chief Executive

8 Officer of the State or designee of the offi9 cer.

10 ‘‘(13) PROCEDURAL REQUIREMENTS RELATING

11 TO LOCAL EDUCATIONAL AGENCY ELIGIBILITY.—

12 The State educational agency will not make a final

13 determination that a local educational agency is not

14 eligible for assistance under this part without first

15 affording that agency reasonable notice and an op16 portunity for a hearing.

17 ‘‘(14) COMPREHENSIVE SYSTEM OF PERSONNEL

18 DEVELOPMENT.—The State has in effect, consistent

19 with the purposes of this Act and with section

20 635(a)(8), a comprehensive system of personnel de21 velopment that is designed to ensure an adequate

22 supply of qualified special education, regular edu23 cation, and related services personnel that meets the

24 requirements for a State improvement plan relating
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1 to personnel development in subsections (b)(2)(B)

2 and (c)(3)(D) of section 653.

3 ‘‘(15) PERSONNEL STANDARDS.—

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

5 agency has established and maintains standards

6 to ensure that personnel necessary to carry out

7 this part are appropriately and adequately pre8 pared and trained.

9 ‘‘(B) STANDARDS DESCRIBED.—Such

10 standards shall—

11 ‘‘(i) be consistent with any State-ap12 proved or State-recognized certification, li13 censing, registration, or other comparable

14 requirements that apply to the professional

15 discipline in which those personnel are pro16 viding special education or related services;

17 ‘‘(ii) to the extent the standards de18 scribed in subparagraph (A) are not based

19 on the highest requirements in the State

20 applicable to a specific profession or dis21 cipline, the State is taking steps to require

22 retraining or hiring of personnel that meet

23 appropriate professional requirements in

24 the State; and
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1 ‘‘(iii) allow paraprofessionals and as2 sistants who are appropriately trained and

3 supervised, in accordance with State law,

4 regulations, or written policy, in meeting

5 the requirements of this part to be used to

6 assist in the provision of special education

7 and related services to children with dis8 abilities under this part.

9 ‘‘(C) POLICY.—In implementing this para10 graph, a State may adopt a policy that includes

11 a requirement that local educational agencies in

12 the State make an ongoing good-faith effort to

13 recruit and hire appropriately and adequately

14 trained personnel to provide special education

15 and related services to children with disabilities,

16 including, in a geographic area of the State

17 where there is a shortage of such personnel, the

18 most qualified individuals available who are

19 making satisfactory progress toward completing

20 applicable course work necessary to meet the

21 standards described in subparagraph (B)(i),

22 consistent with State law, and the steps de23 scribed in subparagraph (B)(ii) within three

24 years.
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1 ‘‘(16) PERFORMANCE GOALS AND INDICA2 TORS.—The State—

3 ‘‘(A) has established goals for the perform4 ance of children with disabilities in the State

5 that—

6 ‘‘(i) will promote the purposes of this

7 Act, as stated in section 601(d); and

8 ‘‘(ii) are consistent, to the maximum

9 extent appropriate, with other goals and

10 standards for children established by the

11 State;

12 ‘‘(B) has established performance indica13 tors the State will use to assess progress toward

14 achieving those goals that, at a minimum, ad15 dress the performance of children with disabil16 ities on assessments, drop-out rates, and grad17 uation rates;

18 ‘‘(C) will, every two years, report to the

19 Secretary and the public on the progress of the

20 State, and of children with disabilities in the

21 State, toward meeting the goals established

22 under subparagraph (A); and

23 ‘‘(D) based on its assessment of that

24 progress, will revise its State improvement plan

25 under subpart 1 of part D as may be needed
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1 to improve its performance, if the State receives

2 assistance under that subpart.

3 ‘‘(17) PARTICIPATION IN ASSESSMENTS.—

4 ‘‘(A) IN GENERAL.—Children with disabil5 ities are included in general State and district6 wide assessment programs, with appropriate ac7 commodations, where necessary. As appro8 priate, the State or local educational agency—

9 ‘‘(i) develops guidelines for the par10 ticipation of children with disabilities in al11 ternate assessments for those children who

12 cannot participate in State and district13 wide assessment programs; and

14 ‘‘(ii) develops and, beginning not later

15 than July 1, 2000, conducts those alter16 nate assessments.

17 ‘‘(B) REPORTS.—The State educational

18 agency makes available to the public, and re19 ports to the public with the same frequency and

20 in the same detail as it reports on the assess21 ment of nondisabled children, the following:

22 ‘‘(i) The number of children with dis23 abilities participating in regular assess24 ments.
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1 ‘‘(ii) The number of those children

2 participating in alternate assessments.

3 ‘‘(iii)(I) The performance of those

4 children on regular assessments (beginning

5 not later than July 1, 1998) and on alter6 nate assessments (not later than July 1,

7 2000), if doing so would be statistically

8 sound and would not result in the disclo9 sure of performance results identifiable to

10 individual children.

11 ‘‘(II) Data relating to the perform12 ance of children described under subclause

13 (I) shall be disaggregated—

14 ‘‘(aa) for assessments conducted

15 after July 1, 1998; and

16 ‘‘(bb) for assessments conducted

17 before July 1, 1998, if the State is re18 quired to disaggregate such data prior

19 to July 1, 1998.

20 ‘‘(18) SUPPLEMENTATION OF STATE, LOCAL,

21 AND OTHER FEDERAL FUNDS.—

22 ‘‘(A) EXPENDITURES.—Funds paid to a

23 State under this part will be expended in ac24 cordance with all the provisions of this part.
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1 ‘‘(B) PROHIBITION AGAINST COMMIN2 GLING.—Funds paid to a State under this part

3 will not be commingled with State funds.

4 ‘‘(C) PROHIBITION AGAINST SUPPLAN5 TATION AND CONDITIONS FOR WAIVER BY SEC6 RETARY.—Except as provided in section 613,

7 funds paid to a State under this part will be

8 used to supplement the level of Federal, State,

9 and local funds (including funds that are not

10 under the direct control of State or local edu11 cational agencies) expended for special edu12 cation and related services provided to children

13 with disabilities under this part and in no case

14 to supplant such Federal, State, and local

15 funds, except that, where the State provides

16 clear and convincing evidence that all children

17 with disabilities have available to them a free

18 appropriate public education, the Secretary may

19 waive, in whole or in part, the requirements of

20 this subparagraph if the Secretary concurs with

21 the evidence provided by the State.

22 ‘‘(19) MAINTENANCE OF STATE FINANCIAL

23 SUPPORT.—

24 ‘‘(A) IN GENERAL.—The State does not re25 duce the amount of State financial support for
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1 special education and related services for chil2 dren with disabilities, or otherwise made avail3 able because of the excess costs of educating

4 those children, below the amount of that sup5 port for the preceding fiscal year.

6 ‘‘(B) REDUCTION OF FUNDS FOR FAILURE

7 TO MAINTAIN SUPPORT.—The Secretary shall

8 reduce the allocation of funds under section 611

9 for any fiscal year following the fiscal year in

10 which the State fails to comply with the re11 quirement of subparagraph (A) by the same

12 amount by which the State fails to meet the re13 quirement.

14 ‘‘(C) WAIVERS FOR EXCEPTIONAL OR UN15 CONTROLLABLE CIRCUMSTANCES.—The Sec16 retary may waive the requirement of subpara17 graph (A) for a State, for one fiscal year at a

18 time, if the Secretary determines that—

19 ‘‘(i) granting a waiver would be equi20 table due to exceptional or uncontrollable

21 circumstances such as a natural disaster or

22 a precipitous and unforeseen decline in the

23 financial resources of the State; or

24 ‘‘(ii) the State meets the standard in

25 paragraph (18)(C) of this section for a
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1 waiver of the requirement to supplement,

2 and not to supplant, funds received under

3 this part.

4 ‘‘(D) SUBSEQUENT YEARS.—If, for any

5 year, a State fails to meet the requirement of

6 subparagraph (A), including any year for which

7 the State is granted a waiver under subpara8 graph (C), the financial support required of the

9 State in future years under subparagraph (A)

10 shall be the amount that would have been re11 quired in the absence of that failure and not

12 the reduced level of the State’s support.

13 ‘‘(E) REGULATIONS.—

14 (i) The Secretary shall, by regulation,

15 establish procedures (including objective

16 criteria and consideration of the results of

17 compliance reviews of the State conducted

18 by the Secretary) for determining whether

19 to grant a waiver under subparagraph

20 (C)(ii).

21 ‘‘(ii) The Secretary shall publish pro22 posed regulations under clause (i) not later

23 than 6 months after the date of the enact24 ment of the Individuals with Disabilities

25 Education Act Amendments of 1997, and
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1 shall issue final regulations under clause

2 (i) not later than 1 year after such date of

3 enactment.

4 ‘‘(20) PUBLIC PARTICIPATION.—Prior to the

5 adoption of any policies and procedures needed to

6 comply with this section (including any amendments

7 to such policies and procedures), the State ensures

8 that there are public hearings, adequate notice of

9 the hearings, and an opportunity for comment avail10 able to the general public, including individuals with

11 disabilities and parents of children with disabilities.

12 ‘‘(21) STATE ADVISORY PANEL.—

13 ‘‘(A) IN GENERAL.—The State has estab14 lished and maintains an advisory panel for the

15 purpose of providing policy guidance with re16 spect to special education and related services

17 for children with disabilities in the State.

18 ‘‘(B) MEMBERSHIP.—Such advisory panel

19 shall consist of members appointed by the Gov20 ernor, or any other official authorized under

21 State law to make such appointments, that is

22 representative of the State population and that

23 is composed of individuals involved in, or con24 cerned with, the education of children with dis25 abilities, including—
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1 ‘‘(i) parents of children with disabil2 ities;

3 ‘‘(ii) individuals with disabilities;

4 ‘‘(iii) teachers;

5 ‘‘(iv) representatives of institutions of

6 higher education that prepare special edu7 cation and related services personnel;

8 ‘‘(v) State and local education offi9 cials;

10 ‘‘(vi) administrators of programs for

11 children with disabilities;

12 ‘‘(vii) representatives of other State

13 agencies involved in the financing or deliv14 ery of related services to children with dis15 abilities;

16 ‘‘(viii) representatives of private

17 schools and public charter schools;

18 ‘‘(ix) at least one representative of a

19 vocational, community, or business organi20 zation concerned with the provision of

21 transition services to children with disabil22 ities; and

23 ‘‘(x) representatives from the State

24 juvenile and adult corrections agencies.
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1 ‘‘(C) SPECIAL RULE.—A majority of the

2 members of the panel shall be individuals with

3 disabilities or parents of children with disabil4 ities.

5 ‘‘(D) DUTIES.—The advisory panel shall—

6 ‘‘(i) advise the State educational agen7 cy of unmet needs within the State in the

8 education of children with disabilities;

9 ‘‘(ii) comment publicly on any rules or

10 regulations proposed by the State regard11 ing the education of children with disabil12 ities;

13 ‘‘(iii) advise the State educational

14 agency in developing evaluations and re15 porting on data to the Secretary under sec16 tion 618;

17 ‘‘(iv) advise the State educational

18 agency in developing corrective action

19 plans to address findings identified in Fed20 eral monitoring reports under this part;

21 and

22 ‘‘(v) advise the State educational

23 agency in developing and implementing

24 policies relating to the coordination of serv25 ices for children with disabilities.
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1 ‘‘(22) SUSPENSION AND EXPULSION RATES.—

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

3 agency examines data to determine if signifi4 cant discrepancies are occurring in the rate of

5 long-term suspensions and expulsions of chil6 dren with disabilities—

7 ‘‘(i) among local educational agencies

8 in the State; or

9 ‘‘(ii) compared to such rates for non10 disabled children within such agencies.

11 ‘‘(B) REVIEW AND REVISION OF POLI12 CIES.—If such discrepancies are occurring, the

13 State educational agency reviews and, if appro14 priate, revises (or requires the affected State or

15 local educational agency to revise) its policies,

16 procedures, and practices relating to the devel17 opment and implementation of IEPs, the use of

18 behavioral interventions, and procedural safe19 guards, to ensure that such policies, procedures,

20 and practices comply with this Act.

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

22 FREE APPROPRIATE PUBLIC EDUCATION OR DIRECT

23 SERVICES.—If the State educational agency provides free

24 appropriate public education to children with disabilities,

25 or provides direct services to such children, such agency—
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1 ‘‘(1) shall comply with any additional require2 ments of section 613(a), as if such agency were a

3 local educational agency; and

4 ‘‘(2) may use amounts that are otherwise avail5 able to such agency under this part to serve those

6 children without regard to section 613(a)(2)(A)(i)

7 (relating to excess costs).

8 ‘‘(c) EXCEPTION FOR PRIOR STATE PLANS.—

9 ‘‘(1) IN GENERAL.—If a State has on file with

10 the Secretary policies and procedures that dem11 onstrate that such State meets any requirement of

12 subsection (a), including any policies and procedures

13 filed under this part as in effect before the effective

14 date of the Individuals with Disabilities Education

15 Act Amendments of 1997, the Secretary shall con16 sider such State to have met such requirement for

17 purposes of receiving a grant under this part.

18 ‘‘(2) MODIFICATIONS MADE BY STATE.—Sub19 ject to paragraph (3), an application submitted by a

20 State in accordance with this section shall remain in

21 effect until the State submits to the Secretary such

22 modifications as the State deems necessary. This

23 section shall apply to a modification to an applica24 tion to the same extent and in the same manner as

25 this section applies to the original plan.
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1 ‘‘(3) MODIFICATIONS REQUIRED BY THE SEC2 RETARY.—If, after the effective date of the Individ3 uals with Disabilities Education Act Amendments of

4 1997, the provisions of this Act are amended (or the

5 regulations developed to carry out this Act are

6 amended), or there is a new interpretation of this

7 Act by a Federal court or a State’s highest court,

8 or there is an official finding of noncompliance with

9 Federal law or regulations, the Secretary may re10 quire a State to modify its application only to the

11 extent necessary to ensure the State’s compliance

12 with this part.

13 ‘‘(d) APPROVAL BY THE SECRETARY.—

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

15 that a State is eligible to receive a grant under this

16 part, the Secretary shall notify the State of that de17 termination.

18 ‘‘(2) NOTICE AND HEARING.—The Secretary

19 shall not make a final determination that a State is

20 not eligible to receive a grant under this part until

21 after providing the State—

22 ‘‘(A) with reasonable notice; and

23 ‘‘(B) with an opportunity for a hearing.

24 ‘‘(e) ASSISTANCE UNDER OTHER FEDERAL PRO25 GRAMS.—Nothing in this title permits a State to reduce
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1 medical and other assistance available, or to alter eligi2 bility, under titles V and XIX of the Social Security Act

3 with respect to the provision of a free appropriate public

4 education for children with disabilities in the State.

5 ‘‘(f) BY-PASS FOR CHILDREN IN PRIVATE

6 SCHOOLS.—

7 ‘‘(1) IN GENERAL.—If, on the date of enact8 ment of the Education of the Handicapped Act

9 Amendments of 1983, a State educational agency is

10 prohibited by law from providing for the participa11 tion in special programs of children with disabilities

12 enrolled in private elementary and secondary schools

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

14 shall, notwithstanding such provision of law, arrange

15 for the provision of services to such children through

16 arrangements which shall be subject to the require17 ments of such subsection.

18 ‘‘(2) PAYMENTS.—

19 ‘‘(A) DETERMINATION OF AMOUNTS.—If

20 the Secretary arranges for services pursuant to

21 this subsection, the Secretary, after consulta22 tion with the appropriate public and private

23 school officials, shall pay to the provider of such

24 services for a fiscal year an amount per child
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1 that does not exceed the amount determined by

2 dividing—

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

4 State under this part for such fiscal year;

5 by

6 ‘‘(ii) the number of children with dis7 abilities served in the prior year, as re8 ported to the Secretary by the State under

9 section 618.

10 ‘‘(B) WITHHOLDING OF CERTAIN

11 AMOUNTS.—Pending final resolution of any in12 vestigation or complaint that could result in a

13 determination under this subsection, the Sec14 retary may withhold from the allocation of the

15 affected State educational agency the amount

16 the Secretary estimates would be necessary to

17 pay the cost of services described in subpara18 graph (A).

19 ‘‘(C) PERIOD OF PAYMENTS.—The period

20 under which payments are made under sub21 paragraph (A) shall continue until the Sec22 retary determines that there will no longer be

23 any failure or inability on the part of the State

24 educational agency to meet the requirements of

25 subsection (a)(10)(A).
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1 ‘‘(3) NOTICE AND HEARING.—

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

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) REVIEW OF ACTION.—If a State edu12 cational agency is dissatisfied with the Sec13 retary’s final action after a proceeding under

14 subparagraph (A), such agency may, not later

15 than 60 days after notice of such action, file

16 with the United States court of appeals for the

17 circuit in which such State is located a petition

18 for review of that action. A copy of the petition

19 shall be forthwith transmitted by the clerk of

20 the court to the Secretary. The Secretary there21 upon shall file in the court the record of the

22 proceedings on which the Secretary based the

23 Secretary’s action, as provided in section 2112

24 of title 28, United States Code.
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1 ‘‘(C) REVIEW OF FINDINGS OF FACT.—The

2 findings of fact by the Secretary, if supported

3 by substantial evidence, shall be conclusive, but

4 the court, for good cause shown, may remand

5 the case to the Secretary to take further evi6 dence, and the Secretary may thereupon make

7 new or modified findings of fact and may mod8 ify the Secretary’s previous action, and shall file

9 in the court the record of the further proceed10 ings. Such new or modified findings of fact

11 shall likewise be conclusive if supported by sub12 stantial evidence.

13 ‘‘(D) JURISDICTION OF COURT OF AP14 PEALS; REVIEW BY UNITED STATES SUPREME

15 COURT.—Upon the filing of a petition under

16 subparagraph (B), the United States court of

17 appeals shall have jurisdiction to affirm the ac18 tion of the Secretary or to set it aside, in whole

19 or in part. The judgment of the court shall be

20 subject to review by the Supreme Court of the

21 United States upon certiorari or certification as

22 provided in section 1254 of title 28, United

23 States Code.
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1 ‘‘SEC. 613. LOCAL EDUCATIONAL AGENCY ELIGIBILITY.

2 ‘‘(a) IN GENERAL.—A local educational agency is eli3 gible for assistance under this part for a fiscal year if such

4 agency demonstrates to the satisfaction of the State edu5 cational agency that it meets each of the following condi6 tions:

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

8 The local educational agency, in providing for the

9 education of children with disabilities within its ju10 risdiction, has in effect policies, procedures, and pro11 grams that are consistent with the State policies and

12 procedures established under section 612.

13 ‘‘(2) USE OF AMOUNTS.—

14 ‘‘(A) IN GENERAL.—Amounts provided to

15 the local educational agency under this part

16 shall be expended in accordance with the appli17 cable provisions of this part and—

18 ‘‘(i) shall be used only to pay the ex19 cess costs of providing special education

20 and related services to children with dis21 abilities;

22 ‘‘(ii) shall be used to supplement

23 State, local, and other Federal funds and

24 not to supplant such funds; and

25 ‘‘(iii) shall not be used, except as pro26 vided in subparagraphs (B) and (C), to re-
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1 duce the level of expenditures for the edu2 cation of children with disabilities made by

3 the local educational agency from local

4 funds below the level of those expenditures

5 for the preceding fiscal year.

6 ‘‘(B) EXCEPTION.—Notwithstanding the

7 restriction in subparagraph (A)(iii), a local edu8 cational agency may reduce the level of expendi9 tures where such reduction is attributable to—

10 ‘‘(i) the voluntary departure, by re11 tirement or otherwise, or departure for just

12 cause, of special education personnel;

13 ‘‘(ii) a decrease in the enrollment of

14 children with disabilities;

15 ‘‘(iii) the termination of the obligation

16 of the agency, consistent with this part, to

17 provide a program of special education to

18 a particular child with a disability that is

19 an exceptionally costly program, as deter20 mined by the State educational agency, be21 cause the child—

22 ‘‘(I) has left the jurisdiction of

23 the agency;

24 ‘‘(II) has reached the age at

25 which the obligation of the agency to
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1 provide a free appropriate public edu2 cation to the child has terminated; or

3 ‘‘(III) no longer needs such pro4 gram of special education; or

5 ‘‘(iv) the termination of costly expend6 itures for long-term purchases, such as the

7 acquisition of equipment or the construc8 tion of school facilities.

9 ‘‘(C) TREATMENT OF FEDERAL FUNDS IN

10 CERTAIN FISCAL YEARS.—

11 ‘‘(i) Notwithstanding clauses (ii) and

12 (iii) of subparagraph (A), for any fiscal

13 year for which amounts appropriated to

14 carry out section 611 exceeds

15 $4,100,000,000, a local educational agency

16 may treat as local funds, for the purpose

17 of such clauses, up to 20 percent of the

18 amount of funds it receives under this part

19 that exceeds the amount it received under

20 this part for the previous fiscal year.

21 ‘‘(ii) Notwithstanding clause (i), if a

22 State educational agency determines that a

23 local educational agency is not meeting the

24 requirements of this part, the State edu25 cational agency may prohibit the local edu-
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1 cational agency from treating funds re2 ceived under this part as local funds under

3 clause (i) for any fiscal year, only if it is

4 authorized to do so by the State constitu5 tion or a State statute.

6 ‘‘(D) SCHOOLWIDE PROGRAMS UNDER

7 TITLE I OF THE ESEA.—Notwithstanding sub8 paragraph (A) or any other provision of this

9 part, a local educational agency may use funds

10 received under this part for any fiscal year to

11 carry out a schoolwide program under section

12 1114 of the Elementary and Secondary Edu13 cation Act of 1965, except that the amount so

14 used in any such program shall not exceed—

15 ‘‘(i) the number of children with dis16 abilities participating in the schoolwide

17 program; multiplied by

18 ‘‘(ii)(I) the amount received by the

19 local educational agency under this part

20 for that fiscal year; divided by

21 ‘‘(II) the number of children with dis22 abilities in the jurisdiction of that agency.

23 ‘‘(3) PERSONNEL DEVELOPMENT.—The local

24 educational agency—
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1 ‘‘(A) shall ensure that all personnel nec2 essary to carry out this part are appropriately

3 and adequately prepared, consistent with the re4 quirements of section 653(c)(3)(D); and

5 ‘‘(B) to the extent such agency determines

6 appropriate, shall contribute to and use the

7 comprehensive system of personnel development

8 of the State established under section

9 612(a)(14).

10 ‘‘(4) PERMISSIVE USE OF FUNDS.—Notwith11 standing paragraph (2)(A) or section 612(a)(18)(B)

12 (relating to commingled funds), funds provided to

13 the local educational agency under this part may be

14 used for the following activities:

15 ‘‘(A) SERVICES AND AIDS THAT ALSO BEN16 EFIT NONDISABLED CHILDREN.—For the costs

17 of special education and related services and

18 supplementary aids and services provided in a

19 regular class or other education-related setting

20 to a child with a disability in accordance with

21 the individualized education program of the

22 child, even if one or more nondisabled children

23 benefit from such services.

24 ‘‘(B) INTEGRATED AND COORDINATED

25 SERVICES SYSTEM.—To develop and implement
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1 a fully integrated and coordinated services sys2 tem in accordance with subsection (f).

3 ‘‘(5) TREATMENT OF CHARTER SCHOOLS AND

4 THEIR STUDENTS.—In carrying out this part with

5 respect to charter schools that are public schools of

6 the local educational agency, the local educational

7 agency—

8 ‘‘(A) serves children with disabilities at9 tending those schools in the same manner as it

10 serves children with disabilities in its other

11 schools; and

12 ‘‘(B) provides funds under this part to

13 those schools in the same manner as it provides

14 those funds to its other schools.

15 ‘‘(6) INFORMATION FOR STATE EDUCATIONAL

16 AGENCY.—The local educational agency shall provide

17 the State educational agency with information nec18 essary to enable the State educational agency to

19 carry out its duties under this part, including, with

20 respect to paragraphs (16) and (17) of section

21 612(a), information relating to the performance of

22 children with disabilities participating in programs

23 carried out under this part.

24 ‘‘(7) PUBLIC INFORMATION.—The local edu25 cational agency shall make available to parents of
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1 children with disabilities and to the general public

2 all documents relating to the eligibility of such agen3 cy under this part.

4 ‘‘(b) EXCEPTION FOR PRIOR LOCAL PLANS.—

5 ‘‘(1) IN GENERAL.—If a local educational agen6 cy or State agency has on file with the State edu7 cational agency policies and procedures that dem8 onstrate that such local educational agency, or such

9 State agency, as the case may be, meets any require10 ment of subsection (a), including any policies and

11 procedures filed under this part as in effect before

12 the effective date of the Individuals with Disabilities

13 Education Act Amendments of 1997, the State edu14 cational agency shall consider such local educational

15 agency or State agency, as the case may be, to have

16 met such requirement for purposes of receiving as17 sistance under this part.

18 ‘‘(2) MODIFICATION MADE BY LOCAL EDU19 CATIONAL AGENCY.—Subject to paragraph (3), an

20 application submitted by a local educational agency

21 in accordance with this section shall remain in effect

22 until it submits to the State educational agency such

23 modifications as the local educational agency deems

24 necessary.
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1 ‘‘(3) MODIFICATIONS REQUIRED BY STATE

2 EDUCATIONAL AGENCY.—If, after the effective date

3 of the Individuals with Disabilities Education Act

4 Amendments of 1997, the provisions of this Act are

5 amended (or the regulations developed to carry out

6 this Act are amended), or there is a new interpreta7 tion of this Act by Federal or State courts, or there

8 is an official finding of noncompliance with Federal

9 or State law or regulations, the State educational

10 agency may require a local educational agency to

11 modify its application only to the extent necessary to

12 ensure the local educational agency’s compliance

13 with this part or State law.

14 ‘‘(c) NOTIFICATION OF LOCAL EDUCATIONAL AGEN15 CY OR STATE AGENCY IN CASE OF INELIGIBILITY.—If the

16 State educational agency determines that a local edu17 cational agency or State agency is not eligible under this

18 section, the State educational agency shall notify the local

19 educational agency or State agency, as the case may be,

20 of that determination and shall provide such local edu21 cational agency or State agency with reasonable notice and

22 an opportunity for a hearing.

23 ‘‘(d) LOCAL EDUCATIONAL AGENCY COMPLIANCE.—

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

25 agency, after reasonable notice and an opportunity
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1 for a hearing, finds that a local educational agency

2 or State agency that has been determined to be eligi3 ble under this section is failing to comply with any

4 requirement described in subsection (a), the State

5 educational agency shall reduce or shall not provide

6 any further payments to the local educational agency

7 or State agency until the State educational agency

8 is satisfied that the local educational agency or State

9 agency, as the case may be, is complying with that

10 requirement.

11 ‘‘(2) ADDITIONAL REQUIREMENT.—Any State

12 agency or local educational agency in receipt of a no13 tice described in paragraph (1) shall, by means of

14 public notice, take such measures as may be nec15 essary to bring the pendency of an action pursuant

16 to this subsection to the attention of the public with17 in the jurisdiction of such agency.

18 ‘‘(3) CONSIDERATION.—In carrying out its re19 sponsibilities 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.—

25 ‘‘(1) JOINT ESTABLISHMENT.—
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1 ‘‘(A) IN GENERAL.—A State educational

2 agency may require a local educational agency

3 to establish its eligibility jointly with another

4 local educational agency if the State educational

5 agency determines that the local educational

6 agency would be ineligible under this section be7 cause the local educational agency would not be

8 able to establish and maintain programs of suf9 ficient size and scope to effectively meet the

10 needs of children with disabilities.

11 ‘‘(B) CHARTER SCHOOL EXCEPTION.—A

12 State educational agency may not require a

13 charter school that is a local educational agency

14 to jointly establish its eligibility under subpara15 graph (A) unless it is explicitly permitted to do

16 so under the State’s charter school statute.

17 ‘‘(2) AMOUNT OF PAYMENTS.—If a State edu18 cational agency requires the joint establishment of

19 eligibility under paragraph (1), the total amount of

20 funds made available to the affected local edu21 cational agencies shall be equal to the sum of the

22 payments that each such local educational agency

23 would have received under section 611(g) if such

24 agencies were eligible for such payments.
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1 ‘‘(3) REQUIREMENTS.—Local educational agen2 cies that establish joint eligibility under this sub3 section shall—

4 ‘‘(A) adopt policies and procedures that

5 are consistent with the State’s policies and pro6 cedures under section 612(a); and

7 ‘‘(B) be jointly responsible for implement8 ing programs that receive assistance under this

9 part.

10 ‘‘(4) REQUIREMENTS FOR EDUCATIONAL SERV11 ICE AGENCIES.—

12 ‘‘(A) IN GENERAL.—If an educational serv13 ice agency is required by State law to carry out

14 programs under this part, the joint responsibil15 ities given to local educational agencies under

16 this subsection shall—

17 ‘‘(i) not apply to the administration

18 and disbursement of any payments re19 ceived by that educational service agency;

20 and

21 ‘‘(ii) be carried out only by that edu22 cational service agency.

23 ‘‘(B) ADDITIONAL REQUIREMENT.—Not24 withstanding any other provision of this sub25 section, an educational service agency shall pro-
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1 vide for the education of children with disabil2 ities in the least restrictive environment, as re3 quired by section 612(a)(5).

4 ‘‘(f) COORDINATED SERVICES SYSTEM.—

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

6 may not use more than 5 percent of the amount

7 such agency receives under this part for any fiscal

8 year, in combination with other amounts (which

9 shall include amounts other than education funds),

10 to develop and implement a coordinated services sys11 tem designed to improve results for children and

12 families, including children with disabilities and their

13 families.

14 ‘‘(2) ACTIVITIES.—In implementing a coordi15 nated services system under this subsection, a local

16 educational agency may carry out activities that in17 clude—

18 ‘‘(A) improving the effectiveness and effi19 ciency of service delivery, including developing

20 strategies that promote accountability for re21 sults;

22 ‘‘(B) service coordination and case man23 agement that facilitates the linkage of individ24 ualized education programs under this part and

25 individualized family service plans under part C
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1 with individualized service plans under multiple

2 Federal and State programs, such as title I of

3 the Rehabilitation Act of 1973 (vocational reha4 bilitation), title XIX of the Social Security Act

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

6 Act (supplemental security income);

7 ‘‘(C) developing and implementing inter8 agency financing strategies for the provision of

9 education, health, mental health, and social

10 services, including transition services and relat11 ed services under this Act; and

12 ‘‘(D) interagency personnel development

13 for individuals working on coordinated services.

14 ‘‘(3) COORDINATION WITH CERTAIN PROJECTS

15 UNDER ELEMENTARY AND SECONDARY EDUCATION

16 ACT OF 1965.—If a local educational agency is carry17 ing out a coordinated services project under title XI

18 of the Elementary and Secondary Education Act of

19 1965 and a coordinated services project under this

20 part in the same schools, such agency shall use

21 amounts under this subsection in accordance with

22 the requirements of that title.

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

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

25 agency may, in accordance with paragraph (2), use
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1 funds made available under this part to permit a

2 public school within the jurisdiction of the local edu3 cational agency to design, implement, and evaluate

4 a school-based improvement plan that is consistent

5 with the purposes described in section 651(b) and

6 that is designed to improve educational and transi7 tional results for all children with disabilities and, as

8 appropriate, for other children consistent with sub9 paragraphs (A) and (B) of subsection (a)(4) in that

10 public school.

11 ‘‘(2) AUTHORITY.—

12 ‘‘(A) IN GENERAL.—A State educational

13 agency may grant authority to a local edu14 cational agency to permit a public school de15 scribed in paragraph (1) (through a school16 based standing panel established under para17 graph (4)(B)) to design, implement, and evalu18 ate a school-based improvement plan described

19 in paragraph (1) for a period not to exceed 3

20 years.

21 ‘‘(B) RESPONSIBILITY OF LOCAL EDU22 CATIONAL AGENCY.—If a State educational

23 agency grants the authority described in sub24 paragraph (A), a local educational agency that

25 is granted such authority shall have the sole re-
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1 sponsibility of oversight of all activities relating

2 to the design, implementation, and evaluation of

3 any school-based improvement plan that a pub4 lic school is permitted to design under this sub5 section.

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

7 improvement plan described in paragraph (1) shall—

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

9 purposes described in section 651(b) and to im10 prove educational and transitional results for all

11 children with disabilities and, as appropriate,

12 for other children consistent with subpara13 graphs (A) and (B) of subsection (a)(4), who

14 attend the school for which the plan is designed

15 and implemented;

16 ‘‘(B) be designed, evaluated, and, as ap17 propriate, implemented by a school-based stand18 ing panel established in accordance with para19 graph (4)(B);

20 ‘‘(C) include goals and measurable indica21 tors to assess the progress of the public school

22 in meeting such goals; and

23 ‘‘(D) ensure that all children with disabil24 ities receive the services described in the indi25 vidualized education programs of such children.
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1 ‘‘(4) RESPONSIBILITIES OF THE LOCAL EDU2 CATIONAL AGENCY.—A local educational agency that

3 is granted authority under paragraph (2) to permit

4 a public school to design, implement, and evaluate a

5 school-based improvement plan shall—

6 ‘‘(A) select each school under the jurisdic7 tion of such agency that is eligible to design,

8 implement, and evaluate such a plan;

9 ‘‘(B) require each school selected under

10 subparagraph (A), in accordance with criteria

11 established by such local educational agency

12 under subparagraph (C), to establish a school13 based standing panel to carry out the duties de14 scribed in paragraph (3)(B);

15 ‘‘(C) establish—

16 ‘‘(i) criteria that shall be used by such

17 local educational agency in the selection of

18 an eligible school under subparagraph (A);

19 ‘‘(ii) criteria that shall be used by a

20 public school selected under subparagraph

21 (A) in the establishment of a school-based

22 standing panel to carry out the duties de23 scribed in paragraph (3)(B) and that shall

24 ensure that the membership of such panel

25 reflects the diversity of the community in
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1 which the public school is located and in2 cludes, at a minimum—

3 ‘‘(I) parents of children with dis4 abilities who attend such public

5 school, including parents of children

6 with disabilities from unserved and

7 underserved populations, as appro8 priate;

9 ‘‘(II) special education and gen10 eral education teachers of such public

11 school;

12 ‘‘(III) special education and gen13 eral education administrators, or the

14 designee of such administrators, of

15 such public school; and

16 ‘‘(IV) related services providers

17 who are responsible for providing

18 services to the children with disabil19 ities who attend such public school;

20 and

21 ‘‘(iii) criteria that shall be used by

22 such local educational agency with respect

23 to the distribution of funds under this part

24 to carry out this subsection;
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•HR 5 EH

1 ‘‘(D) disseminate the criteria established

2 under subparagraph (C) to local school district

3 personnel and local parent organizations within

4 the jurisdiction of such local educational agen5 cy;

6 ‘‘(E) require a public school that desires to

7 design, implement, and evaluate a school-based

8 improvement plan to submit an application at

9 such time, in such manner, and accompanied by

10 such information as such local educational

11 agency shall reasonably require; and

12 ‘‘(F) establish procedures for approval by

13 such local educational agency of a school-based

14 improvement plan designed under this sub15 section.

16 ‘‘(5) LIMITATION.—A school-based improve17 ment plan described in paragraph (1) may be sub18 mitted to a local educational agency for approval

19 only if a consensus with respect to any matter relat20 ing to the design, implementation, or evaluation of

21 the goals of such plan is reached by the school-based

22 standing panel that designed such plan.

23 ‘‘(6) ADDITIONAL REQUIREMENTS.—

24 ‘‘(A) PARENTAL INVOLVEMENT.—In carry25 ing out the requirements of this subsection, a
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1 local educational agency shall ensure that the

2 parents of children with disabilities are involved

3 in the design, evaluation, and, where appro4 priate, implementation of school-based improve5 ment plans in accordance with this subsection.

6 ‘‘(B) PLAN APPROVAL.—A local edu7 cational agency may approve a school-based im8 provement plan of a public school within the ju9 risdiction of such agency for a period of 3

10 years, if—

11 ‘‘(i) the approval is consistent with

12 the policies, procedures, and practices es13 tablished by such local educational agency

14 and in accordance with this subsection;

15 and

16 ‘‘(ii) a majority of parents of children

17 who are members of the school-based

18 standing panel, and a majority of other

19 members of the school-based standing

20 panel, that designed such plan agree in

21 writing to such plan.

22 ‘‘(7) EXTENSION OF PLAN.—If a public school

23 within the jurisdiction of a local educational agency

24 meets the applicable requirements and criteria de25 scribed in paragraphs (3) and (4) at the expiration
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1 of the 3-year approval period described in paragraph

2 (6)(B), such agency may approve a school-based im3 provement plan of such school for an additional 3-

4 year period.

5 ‘‘(h) DIRECT SERVICES BY THE STATE EDU6 CATIONAL AGENCY.—

7 ‘‘(1) IN GENERAL.—A State educational agency

8 shall use the payments that would otherwise have

9 been available to a local educational agency or to a

10 State agency to provide special education and relat11 ed services directly to children with disabilities resid12 ing in the area served by that local agency, or for

13 whom that State agency is responsible, if the State

14 educational agency determines that the local edu15 cation agency or State agency, as the case may be—

16 ‘‘(A) has not provided the information

17 needed to establish the eligibility of such agency

18 under this section;

19 ‘‘(B) is unable to establish and maintain

20 programs of free appropriate public education

21 that meet the requirements of subsection (a);

22 ‘‘(C) is unable or unwilling to be consoli23 dated with one or more local educational agen24 cies in order to establish and maintain such

25 programs; or
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1 ‘‘(D) has one or more children with disabil2 ities who can best be served by a regional or

3 State program or service-delivery system de4 signed to meet the needs of such children.

5 ‘‘(2) MANNER AND LOCATION OF EDUCATION

6 AND SERVICES.—The State educational agency may

7 provide special education and related services under

8 paragraph (1) in such manner and at such locations

9 (including regional or State centers) as the State

10 agency considers appropriate. Such education and

11 services shall be provided in accordance with this

12 part.

13 ‘‘(i) STATE AGENCY ELIGIBILITY.—Any State agency

14 that desires to receive a subgrant for any fiscal year under

15 section 611(g) shall demonstrate to the satisfaction of the

16 State educational agency that—

17 ‘‘(1) all children with disabilities who are par18 ticipating in programs and projects funded under

19 this part receive a free appropriate public education,

20 and that those children and their parents are pro21 vided all the rights and procedural safeguards de22 scribed in this part; and

23 ‘‘(2) the agency meets such other conditions of

24 this section as the Secretary determines to be appro25 priate.
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1 ‘‘(j) DISCIPLINARY INFORMATION.—The State may

2 require that a local educational agency include in the

3 records of a child with a disability a statement of any cur4 rent or previous disciplinary action that has been taken

5 against the child and transmit such statement to the same

6 extent that such disciplinary information is included in,

7 and transmitted with, the student records of nondisabled

8 children. The statement may include a description of any

9 behavior engaged in by the child that required disciplinary

10 action, a description of the disciplinary action taken, and

11 any other information that is relevant to the safety of the

12 child and other individuals involved with the child. If the

13 State adopts such a policy, and the child transfers from

14 one school to another, the transmission of any of the

15 child’s records must include both the child’s current indi16 vidualized education program and any such statement of

17 current or previous disciplinary action that has been taken

18 against the child.

19 ‘‘SEC. 614. EVALUATIONS, ELIGIBILITY DETERMINATIONS,

20 INDIVIDUALIZED EDUCATION PROGRAMS,

21 AND EDUCATIONAL PLACEMENTS.

22 ‘‘(a) EVALUATIONS AND REEVALUATIONS.—

23 ‘‘(1) INITIAL EVALUATIONS.—

24 ‘‘(A) IN GENERAL.—A State educational

25 agency, other State agency, or local educational
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1 agency shall conduct a full and individual initial

2 evaluation, in accordance with this paragraph

3 and subsection (b), before the initial provision

4 of special education and related services to a

5 child with a disability under this part.

6 ‘‘(B) PROCEDURES.—Such initial evalua7 tion shall consist of procedures—

8 ‘‘(i) to determine whether a child is a

9 child with a disability (as defined in sec10 tion 602(3)); and

11 ‘‘(ii) to determine the educational

12 needs of such child.

13 ‘‘(C) PARENTAL CONSENT.—

14 ‘‘(i) IN GENERAL.—The agency pro15 posing to conduct an initial evaluation to

16 determine if the child qualifies as a child

17 with a disability as defined in section

18 602(3)(A) or 602(3)(B) shall obtain an in19 formed consent from the parent of such

20 child before the evaluation is conducted.

21 Parental consent for evaluation shall not

22 be construed as consent for placement for

23 receipt of special education and related

24 services.
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1 ‘‘(ii) REFUSAL.—If the parents of

2 such child refuse consent for the evalua3 tion, the agency may continue to pursue an

4 evaluation by utilizing the mediation and

5 due process procedures under section 615,

6 except to the extent inconsistent with State

7 law relating to parental consent.

8 ‘‘(2) REEVALUATIONS.—A local educational

9 agency shall ensure that a reevaluation of each child

10 with a disability is conducted—

11 ‘‘(A) if conditions warrant a reevaluation

12 or if the child’s parent or teacher requests a re13 evaluation, but at least once every 3 years; and

14 ‘‘(B) in accordance with subsections (b)

15 and (c).

16 ‘‘(b) EVALUATION PROCEDURES.—

17 ‘‘(1) NOTICE.—The local educational agency

18 shall provide notice to the parents of a child with a

19 disability, in accordance with subsections (b)(3),

20 (b)(4), and (c) of section 615, that describes any

21 evaluation procedures such agency proposes to con22 duct.

23 ‘‘(2) CONDUCT OF EVALUATION.—In conduct24 ing the evaluation, the local educational agency

25 shall—
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1 ‘‘(A) use a variety of assessment tools and

2 strategies to gather relevant functional and de3 velopmental information, including information

4 provided by the parent, that may assist in de5 termining whether the child is a child with a

6 disability and the content of the child’s individ7 ualized education program, including informa8 tion related to enabling the child to be involved

9 in and progress in the general curriculum or,

10 for preschool children, to participate in appro11 priate activities;

12 ‘‘(B) not use any single procedure as the

13 sole criterion for determining whether a child is

14 a child with a disability or determining an ap15 propriate educational program for the child;

16 and

17 ‘‘(C) use technically sound instruments

18 that may assess the relative contribution of cog19 nitive and behavioral factors, in addition to

20 physical or developmental factors.

21 ‘‘(3) ADDITIONAL REQUIREMENTS.—Each local

22 educational agency shall ensure that—

23 ‘‘(A) tests and other evaluation materials

24 used to assess a child under this section—
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1 ‘‘(i) are selected and administered so

2 as not to be discriminatory on a racial or

3 cultural basis; and

4 ‘‘(ii) are provided and administered in

5 the child’s native language or other mode

6 of communication, unless it is clearly not

7 feasible to do so; and

8 ‘‘(B) any standardized tests that are given

9 to the child—

10 ‘‘(i) have been validated for the spe11 cific purpose for which they are used;

12 ‘‘(ii) are administered by trained and

13 knowledgeable personnel; and

14 ‘‘(iii) are administered in accordance

15 with any instructions provided by the pro16 ducer of such tests;

17 ‘‘(C) the child is assessed in all areas of

18 suspected disability; and

19 ‘‘(D) assessment tools and strategies that

20 provide relevant information that directly as21 sists persons in determining the educational

22 needs of the child are provided.

23 ‘‘(4) DETERMINATION OF ELIGIBILITY.—Upon

24 completion of administration of tests and other eval25 uation materials—
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1 ‘‘(A) the determination of whether the

2 child is a child with a disability as defined in

3 section 602(3) shall be made by a team of

4 qualified professionals and the parent of the

5 child in accordance with paragraph (5); and

6 ‘‘(B) a copy of the evaluation report and

7 the documentation of determination of eligibility

8 will be given to the parent.

9 ‘‘(5) SPECIAL RULE FOR ELIGIBILITY DETER10 MINATION.—In making a determination of eligibility

11 under paragraph (4)(A), a child shall not be deter12 mined to be a child with a disability if the deter13 minant factor for such determination is lack of in14 struction in reading or math or limited English pro15 ficiency.

16 ‘‘(c) ADDITIONAL REQUIREMENTS FOR EVALUATION

17 AND REEVALUATIONS.—

18 ‘‘(1) REVIEW OF EXISTING EVALUATION

19 DATA.—As part of an initial evaluation (if appro20 priate) and as part of any reevaluation under this

21 section, the IEP Team described in subsection

22 (d)(1)(B) and other qualified professionals, as ap23 propriate, shall—

24 ‘‘(A) review existing evaluation data on the

25 child, including evaluations and information
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1 provided by the parents of the child, current

2 classroom-based assessments and observations,

3 and teacher and related services providers ob4 servation; and

5 ‘‘(B) on the basis of that review, and input

6 from the child’s parents, identify what addi7 tional data, if any, are needed to determine—

8 ‘‘(i) whether the child has a particular

9 category of disability, as described in sec10 tion 602(3), or, in case of a reevaluation of

11 a child, whether the child continues to have

12 such a disability;

13 ‘‘(ii) the present levels of performance

14 and educational needs of the child;

15 ‘‘(iii) whether the child needs special

16 education and related services, or in the

17 case of a reevaluation of a child, whether

18 the child continues to need special edu19 cation and related services; and

20 ‘‘(iv) whether any additions or modi21 fications to the special education and relat22 ed services are needed to enable the child

23 to meet the measurable annual goals set

24 out in the individualized education pro-
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1 gram of the child and to participate, as ap2 propriate, in the general curriculum.

3 ‘‘(2) SOURCE OF DATA.—The local educational

4 agency shall administer such tests and other evalua5 tion materials as may be needed to produce the data

6 identified by the IEP Team under paragraph (1)(B).

7 ‘‘(3) PARENTAL CONSENT.—Each local edu8 cational agency shall obtain informed parental con9 sent, in accordance with subsection (a)(1)(C), prior

10 to conducting any reevaluation of a child with a dis11 ability, except that such informed parent consent

12 need not be obtained if the local educational agency

13 can demonstrate that it had taken reasonable meas14 ures to obtain such consent and the child’s parent

15 has failed to respond.

16 ‘‘(4) REQUIREMENTS IF ADDITIONAL DATA ARE

17 NOT NEEDED.—If the IEP Team and other qualified

18 professionals, as appropriate, determine that no ad19 ditional data are needed to determine whether the

20 child continues to be a child with a disability, the

21 local educational agency—

22 ‘‘(A) shall notify the child’s parents of—

23 ‘‘(i) that determination and the rea24 sons for it; and
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1 ‘‘(ii) the right of such parents to re2 quest an assessment to determine whether

3 the child continues to be a child with a dis4 ability; and

5 ‘‘(B) shall not be required to conduct such

6 an assessment unless requested to by the child’s

7 parents.

8 ‘‘(5) EVALUATIONS BEFORE CHANGE IN ELIGI9 BILITY.—A local educational agency shall evaluate a

10 child with a disability in accordance with this section

11 before determining that the child is no longer a child

12 with a disability.

13 ‘‘(d) INDIVIDUALIZED EDUCATION PROGRAMS.—

14 ‘‘(1) DEFINITIONS.—As used in this title:

15 ‘‘(A) INDIVIDUALIZED EDUCATION PRO16 GRAM.—The term ‘individualized education pro17 gram’ or ‘IEP’ means a written statement for

18 each child with a disability that is developed,

19 reviewed, and revised in accordance with this

20 section and that includes—

21 ‘‘(i) a statement of the child’s present

22 levels of educational performance, includ23 ing—
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1 ‘‘(I) how the child’s disability af2 fects the child’s involvement and

3 progress in the general curriculum; or

4 ‘‘(II) for preschool children, as

5 appropriate, how the disability affects

6 the child’s participation in appropriate

7 activities;

8 ‘‘(ii) a statement of measurable an9 nual goals, including benchmarks or short10 term objectives, related to—

11 ‘‘(I) meeting the child’s needs

12 that result from the child’s disability

13 to enable the child to be involved in

14 and progress in the general curricu15 lum; and

16 ‘‘(II) meeting each of the child’s

17 other educational needs that result

18 from the child’s disability;

19 ‘‘(iii) a statement of the special edu20 cation and related services and supple21 mentary aids and services to be provided to

22 the child, or on behalf of the child, and a

23 statement of the program modifications or

24 supports for school personnel that will be

25 provided for the child—
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1 ‘‘(I) to advance appropriately to2 ward attaining the annual goals;

3 ‘‘(II) to be involved and progress

4 in the general curriculum in accord5 ance with clause (i) and to participate

6 in extracurricular and other nonaca7 demic activities; and

8 ‘‘(III) to be educated and partici9 pate with other children with disabil10 ities and nondisabled children in the

11 activities described in this paragraph;

12 ‘‘(iv) an explanation of the extent, if

13 any, to which the child will not participate

14 with nondisabled children in the regular

15 class and in the activities described in

16 clause (iii);

17 ‘‘(v)(I) a statement of any individual

18 modifications in the administration of

19 State or districtwide assessments of stu20 dent achievement that are needed in order

21 for the child to participate in such assess22 ment; and

23 ‘‘(II) if the IEP Team determines

24 that the child will not participate in a par25 ticular State or districtwide assessment of
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1 student achievement (or part of such an

2 assessment), a statement of—

3 ‘‘(aa) why that assessment is not

4 appropriate for the child; and

5 ‘‘(bb) how the child will be as6 sessed;

7 ‘‘(vi) the projected date for the begin8 ning of the services and modifications de9 scribed in clause (iii), and the anticipated

10 frequency, location, and duration of those

11 services and modifications;

12 ‘‘(vii)(I) beginning at age 14, and up13 dated annually, a statement of the transi14 tion service needs of the child under the

15 applicable components of the child’s IEP

16 that focuses on the child’s courses of study

17 (such as participation in advanced-place18 ment courses or a vocational education

19 program);

20 ‘‘(II) beginning at age 16 (or younger,

21 if determined appropriate by the IEP

22 Team), a statement of needed transition

23 services for the child, including, when ap24 propriate, a statement of the interagency

25 responsibilities or any needed linkages; and
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1 ‘‘(III) beginning at least one year be2 fore the child reaches the age of majority

3 under State law, a statement that the child

4 has been informed of his or her rights

5 under this title, if any, that will transfer to

6 the child on reaching the age of majority

7 under section 615(m); and

8 ‘‘(viii) a statement of—

9 ‘‘(I) how the child’s progress to10 ward the annual goals described in

11 clause (ii) will be measured; and

12 ‘‘(II) how the child’s parents will

13 be regularly informed (by such means

14 as periodic report cards), at least as

15 often as parents are informed of their

16 nondisabled children’s progress, of—

17 ‘‘(aa) their child’s progress

18 toward the annual goals de19 scribed in clause (ii); and

20 ‘‘(bb) the extent to which

21 that progress is sufficient to en22 able the child to achieve the goals

23 by the end of the year.

24 ‘‘(B) INDIVIDUALIZED EDUCATION PRO25 GRAM TEAM.—The term ‘individualized edu-
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1 cation program team’ or ‘IEP Team’ means a

2 group of individuals composed of—

3 ‘‘(i) the parents of a child with a dis4 ability;

5 ‘‘(ii) at least one regular education

6 teacher of such child (if the child is, or

7 may be, participating in the regular edu8 cation environment);

9 ‘‘(iii) at least one special education

10 teacher, or where appropriate, at least one

11 special education provider of such child;

12 ‘‘(iv) a representative of the local edu13 cational agency who—

14 ‘‘(I) is qualified to provide, or su15 pervise the provision of, specially de16 signed instruction to meet the unique

17 needs of children with disabilities;

18 ‘‘(II) is knowledgeable about the

19 general curriculum; and

20 ‘‘(III) is knowledgeable about the

21 availability of resources of the local

22 educational agency;

23 ‘‘(v) an individual who can interpret

24 the instructional implications of evaluation
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1 results, who may be a member of the team

2 described in clauses (ii) through (vi);

3 ‘‘(vi) at the discretion of the parent or

4 the agency, other individuals who have

5 knowledge or special expertise regarding

6 the child, including related services person7 nel as appropriate; and

8 ‘‘(vii) whenever appropriate, the child

9 with a disability.

10 ‘‘(2) REQUIREMENT THAT PROGRAM BE IN EF11 FECT.—

12 ‘‘(A) IN GENERAL.—At the beginning of

13 each school year, each local educational agency,

14 State educational agency, or other State agen15 cy, as the case may be, shall have in effect, for

16 each child with a disability in its jurisdiction,

17 an individualized education program, as defined

18 in paragraph (1)(A).

19 ‘‘(B) PROGRAM FOR CHILD AGED 3

20 THROUGH 5.—In the case of a child with a dis21 ability aged 3 through 5 (or, at the discretion

22 of the State educational agency, a 2 year-old

23 child with a disability who will turn age 3 dur24 ing the school year), an individualized family

25 service plan that contains the material de-
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1 scribed in section 636, and that is developed in

2 accordance with this section, may serve as the

3 IEP of the child if using that plan as the IEP

4 is—

5 ‘‘(i) consistent with State policy; and

6 ‘‘(ii) agreed to by the agency and the

7 child’s parents.

8 ‘‘(3) DEVELOPMENT OF IEP.—

9 ‘‘(A) IN GENERAL.—In developing each

10 child’s IEP, the IEP Team, subject to subpara11 graph (C), shall consider—

12 ‘‘(i) the strengths of the child and the

13 concerns of the parents for enhancing the

14 education of their child; and

15 ‘‘(ii) the results of the initial evalua16 tion or most recent evaluation of the child.

17 ‘‘(B) CONSIDERATION OF SPECIAL FAC18 TORS.—The IEP Team shall—

19 ‘‘(i) in the case of a child whose be20 havior impedes his or her learning or that

21 of others, consider, when appropriate,

22 strategies, including positive behavioral

23 interventions, strategies, and supports to

24 address that behavior;
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1 ‘‘(ii) in the case of a child with limited

2 English proficiency, consider the language

3 needs of the child as such needs relate to

4 the child’s IEP;

5 ‘‘(iii) in the case of a child who is

6 blind or visually impaired, provide for in7 struction in Braille and the use of Braille

8 unless the IEP Team determines, after an

9 evaluation of the child’s reading and writ10 ing skills, needs, and appropriate reading

11 and writing media (including an evaluation

12 of the child’s future needs for instruction

13 in Braille or the use of Braille), that in14 struction in Braille or the use of Braille is

15 not appropriate for the child;

16 ‘‘(iv) consider the communication

17 needs of the child, and in the case of a

18 child who is deaf or hard of hearing, con19 sider the child’s language and communica20 tion needs, opportunities for direct commu21 nications with peers and professional per22 sonnel in the child’s language and commu23 nication mode, academic level, and full

24 range of needs, including opportunities for
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1 direct instruction in the child’s language

2 and communication mode; and

3 ‘‘(v) consider whether the child re4 quires assistive technology devices and

5 services.

6 ‘‘(C) REQUIREMENT WITH RESPECT TO

7 REGULAR EDUCATION TEACHER.—The regular

8 education teacher of the child, as a member of

9 the IEP Team, shall, to the extent appropriate,

10 participate in the development of the IEP of

11 the child, including the determination of appro12 priate positive behavioral interventions and

13 strategies and the determination of supple14 mentary aids and services, program modifica15 tions, and support for school personnel consist16 ent with paragraph (1)(A)(iii).

17 ‘‘(4) REVIEW AND REVISION OF IEP.—

18 ‘‘(A) IN GENERAL.—The local educational

19 agency shall ensure that, subject to subpara20 graph (B), the IEP Team—

21 ‘‘(i) reviews the child’s IEP periodi22 cally, but not less than annually to deter23 mine whether the annual goals for the

24 child are being achieved; and
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1 ‘‘(ii) revises the IEP as appropriate to

2 address—

3 ‘‘(I) any lack of expected

4 progress toward the annual goals and

5 in the general curriculum, where ap6 propriate;

7 ‘‘(II) the results of any reevalua8 tion conducted under this section;

9 ‘‘(III) information about the

10 child provided to, or by, the parents,

11 as described in subsection (c)(1)(B);

12 ‘‘(IV) the child’s anticipated

13 needs; or

14 ‘‘(V) other matters.

15 ‘‘(B) REQUIREMENT WITH RESPECT TO

16 REGULAR EDUCATION TEACHER.—The regular

17 education teacher of the child, as a member of

18 the IEP Team, shall, to the extent appropriate,

19 participate in the review and revision of the

20 IEP of the child.

21 ‘‘(5) FAILURE TO MEET TRANSITION OBJEC22 TIVES.—If a participating agency, other than the

23 local educational agency, fails to provide the transi24 tion services described in the IEP in accordance with

25 paragraph (1)(A)(vii), the local educational agency
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1 shall reconvene the IEP Team to identify alternative

2 strategies to meet the transition objectives for the

3 child set out in that program.

4 ‘‘(6) CHILDREN WITH DISABILITIES IN ADULT

5 PRISONS.—

6 ‘‘(A) IN GENERAL.—The following require7 ments do not apply to children with disabilities

8 who are convicted as adults under State law

9 and incarcerated in adult prisons:

10 ‘‘(i) The requirements contained in

11 section 612(a)(17) and paragraph

12 (1)(A)(v) of this subsection (relating to

13 participation of children with disabilities in

14 general assessments).

15 ‘‘(ii) The requirements of subclauses

16 (I) and (II) of paragraph (1)(A)(vii) of

17 this subsection (relating to transition plan18 ning and transition services), do not apply

19 with respect to such children whose eligi20 bility under this part will end, because of

21 their age, before they will be released from

22 prison.

23 ‘‘(B) ADDITIONAL REQUIREMENT.—If a

24 child with a disability is convicted as an adult

25 under State law and incarcerated in an adult
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1 prison, the child’s IEP Team may modify the

2 child’s IEP or placement notwithstanding the

3 requirements of sections 612(a)(5)(A) and

4 614(d)(1)(A) if the State has demonstrated a

5 bona fide security or compelling penological in6 terest that cannot otherwise be accommodated.

7 ‘‘(e) CONSTRUCTION.—Nothing in this section shall

8 be construed to require the IEP Team to include informa9 tion under one component of a child’s IEP that is already

10 contained under another component of such IEP.

11 ‘‘(f) EDUCATIONAL PLACEMENTS.—Each local edu12 cational agency or State educational agency shall ensure

13 that the parents of each child with a disability are mem14 bers of any group that makes decisions on the educational

15 placement of their child.

16 ‘‘SEC. 615. PROCEDURAL SAFEGUARDS.

17 ‘‘(a) ESTABLISHMENT OF PROCEDURES.—Any State

18 educational agency, State agency, or local educational

19 agency that receives assistance under this part shall estab20 lish and maintain procedures in accordance with this sec21 tion to ensure that children with disabilities and their par22 ents are guaranteed procedural safeguards with respect to

23 the provision of free appropriate public education by such

24 agencies.
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1 ‘‘(b) TYPES OF PROCEDURES.—The procedures re2 quired by this section shall include—

3 ‘‘(1) an opportunity for the parents of a child

4 with a disability to examine all records relating to

5 such child and to participate in meetings with re6 spect to the identification, evaluation, and edu7 cational placement of the child, and the provision of

8 a free appropriate public education to such child,

9 and to obtain an independent educational evaluation

10 of the child;

11 ‘‘(2) procedures to protect the rights of the

12 child whenever the parents of the child are not

13 known, the agency cannot, after reasonable efforts,

14 locate the parents, or the child is a ward of the

15 State, including the assignment of an individual

16 (who shall not be an employee of the State edu17 cational agency, the local educational agency, or any

18 other agency that is involved in the education or

19 care of the child) to act as a surrogate for the par20 ents;

21 ‘‘(3) written prior notice to the parents of the

22 child whenever such agency—

23 ‘‘(A) proposes to initiate or change; or

24 ‘‘(B) refuses to initiate or change;
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1 the identification, evaluation, or educational place2 ment of the child, in accordance with subsection (c),

3 or the provision of a free appropriate public edu4 cation to the child;

5 ‘‘(4) procedures designed to ensure that the no6 tice required by paragraph (3) is in the native lan7 guage of the parents, unless it clearly is not feasible

8 to do so;

9 ‘‘(5) an opportunity for mediation in accordance

10 with subsection (e);

11 ‘‘(6) an opportunity to present complaints with

12 respect to any matter relating to the identification,

13 evaluation, or educational placement of the child, or

14 the provision of a free appropriate public education

15 to such child;

16 ‘‘(7) procedures that require the parent of a

17 child with a disability, or the attorney representing

18 the child, to provide notice (which shall remain con19 fidential)—

20 ‘‘(A) to the State educational agency or

21 local educational agency, as the case may be, in

22 the complaint filed under paragraph (6); and

23 ‘‘(B) that shall include—
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1 ‘‘(i) the name of the child, the address

2 of the residence of the child, and the name

3 of the school the child is attending;

4 ‘‘(ii) a description of the nature of the

5 problem of the child relating to such pro6 posed initiation or change, including facts

7 relating to such problem; and

8 ‘‘(iii) a proposed resolution of the

9 problem to the extent known and available

10 to the parents at the time; and

11 ‘‘(8) procedures that require the State edu12 cational agency to develop a model form to assist

13 parents in filing a complaint in accordance with

14 paragraph (7).

15 ‘‘(c) CONTENT OF PRIOR WRITTEN NOTICE.—The

16 notice required by subsection (b)(3) shall include—

17 ‘‘(1) a description of the action proposed or re18 fused by the agency;

19 ‘‘(2) an explanation of why the agency proposes

20 or refuses to take the action;

21 ‘‘(3) a description of any other options that the

22 agency considered and the reasons why those options

23 were rejected;
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1 ‘‘(4) a description of each evaluation procedure,

2 test, record, or report the agency used as a basis for

3 the proposed or refused action;

4 ‘‘(5) a description of any other factors that are

5 relevant to the agency’s proposal or refusal;

6 ‘‘(6) a statement that the parents of a child

7 with a disability have protection under the proce8 dural safeguards of this part and, if this notice is

9 not an initial referral for evaluation, the means by

10 which a copy of a description of the procedural safe11 guards can be obtained; and

12 ‘‘(7) sources for parents to contact to obtain as13 sistance in understanding the provisions of this part.

14 ‘‘(d) PROCEDURAL SAFEGUARDS NOTICE.—

15 ‘‘(1) IN GENERAL.—A copy of the procedural

16 safeguards available to the parents of a child with

17 a disability shall be given to the parents, at a mini18 mum—

19 ‘‘(A) upon initial referral for evaluation;

20 ‘‘(B) upon each notification of an individ21 ualized education program meeting and upon

22 reevaluation of the child; and

23 ‘‘(C) upon registration of a complaint

24 under subsection (b)(6).
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1 ‘‘(2) CONTENTS.—The procedural safeguards

2 notice shall include a full explanation of the proce3 dural safeguards, written in the native language of

4 the parents, unless it clearly is not feasible to do so,

5 and written in an easily understandable manner,

6 available under this section and under regulations

7 promulgated by the Secretary relating to—

8 ‘‘(A) independent educational evaluation;

9 ‘‘(B) prior written notice;

10 ‘‘(C) parental consent;

11 ‘‘(D) access to educational records;

12 ‘‘(E) opportunity to present complaints;

13 ‘‘(F) the child’s placement during pend14 ency of due process proceedings;

15 ‘‘(G) procedures for students who are sub16 ject to placement in an interim alternative edu17 cational setting;

18 ‘‘(H) requirements for unilateral placement

19 by parents of children in private schools at pub20 lic expense;

21 ‘‘(I) mediation;

22 ‘‘(J) due process hearings, including re23 quirements for disclosure of evaluation results

24 and recommendations;
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1 ‘‘(K) State-level appeals (if applicable in

2 that State);

3 ‘‘(L) civil actions; and

4 ‘‘(M) attorneys’ fees.

5 ‘‘(e) MEDIATION.—

6 ‘‘(1) IN GENERAL.—Any State educational

7 agency or local educational agency that receives as8 sistance under this part shall ensure that procedures

9 are established and implemented to allow parties to

10 disputes involving any matter described in sub11 section (b)(6) to resolve such disputes through a me12 diation process which, at a minimum, shall be avail13 able whenever a hearing is requested under sub14 section (f) or (k).

15 ‘‘(2) REQUIREMENTS.—Such procedures shall

16 meet the following requirements:

17 ‘‘(A) The procedures shall ensure that the

18 mediation process—

19 ‘‘(i) is voluntary on the part of the

20 parties;

21 ‘‘(ii) is not used to deny or delay a

22 parent’s right to a due process hearing

23 under subsection (f), or to deny any other

24 rights afforded under this part; and
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1 ‘‘(iii) is conducted by a qualified and

2 impartial mediator who is trained in effec3 tive mediation techniques.

4 ‘‘(B) A local educational agency or a State

5 agency may establish procedures to require par6 ents who choose not to use the mediation proc7 ess to meet, at a time and location convenient

8 to the parents, with a disinterested party who

9 is under contract with—

10 ‘‘(i) a parent training and information

11 center or community parent resource cen12 ter in the State established under section

13 682 or 683; or

14 ‘‘(ii) an appropriate alternative dis15 pute resolution entity;

16 to encourage the use, and explain the benefits,

17 of the mediation process to the parents.

18 ‘‘(C) The State shall maintain a list of in19 dividuals who are qualified mediators and

20 knowledgeable in laws and regulations relating

21 to the provision of special education and related

22 services.

23 ‘‘(D) The State shall bear the cost of the

24 mediation process, including the costs of meet25 ings described in subparagraph (B).
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1 ‘‘(E) Each session in the mediation process

2 shall be scheduled in a timely manner and shall

3 be held in a location that is convenient to the

4 parties to the dispute.

5 ‘‘(F) An agreement reached by the parties

6 to the dispute in the mediation process shall be

7 set forth in a written mediation agreement.

8 ‘‘(G) Discussions that occur during the

9 mediation process shall be confidential and may

10 not be used as evidence in any subsequent due

11 process hearings or civil proceedings and the

12 parties to the mediation process may be re13 quired to sign a confidentiality pledge prior to

14 the commencement of such process.

15 ‘‘(f) IMPARTIAL DUE PROCESS HEARING.—

16 ‘‘(1) IN GENERAL.—Whenever a complaint has

17 been received under subsection (b)(6) or (k) of this

18 section, the parents involved in such complaint shall

19 have an opportunity for an impartial due process

20 hearing, which shall be conducted by the State edu21 cational agency or by the local educational agency,

22 as determined by State law or by the State edu23 cational agency.

24 ‘‘(2) DISCLOSURE OF EVALUATIONS AND REC25 OMMENDATIONS.—
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1 ‘‘(A) IN GENERAL.—At least 5 business

2 days prior to a hearing conducted pursuant to

3 paragraph (1), each party shall disclose to all

4 other parties all evaluations completed by that

5 date and recommendations based on the offer6 ing party’s evaluations that the party intends to

7 use at the hearing.

8 ‘‘(B) FAILURE TO DISCLOSE.—A hearing

9 officer may bar any party that fails to comply

10 with subparagraph (A) from introducing the

11 relevant evaluation or recommendation at the

12 hearing without the consent of the other party.

13 ‘‘(3) LIMITATION ON CONDUCT OF HEARING.—

14 A hearing conducted pursuant to paragraph (1) may

15 not be conducted by an employee of the State edu16 cational agency or the local educational agency in17 volved in the education or care of the child.

18 ‘‘(g) APPEAL.—If the hearing required by subsection

19 (f) is conducted by a local educational agency, any party

20 aggrieved by the findings and decision rendered in such

21 a hearing may appeal such findings and decision to the

22 State educational agency. Such agency shall conduct an

23 impartial review of such decision. The officer conducting

24 such review shall make an independent decision upon com25 pletion of such review.
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1 ‘‘(h) SAFEGUARDS.—Any party to a hearing con2 ducted pursuant to subsection (f) or (k), or an appeal con3 ducted pursuant to subsection (g), shall be accorded—

4 ‘‘(1) the right to be accompanied and advised

5 by counsel and by individuals with special knowledge

6 or training with respect to the problems of children

7 with disabilities;

8 ‘‘(2) the right to present evidence and confront,

9 cross-examine, and compel the attendance of wit10 nesses;

11 ‘‘(3) the right to a written, or, at the option of

12 the parents, electronic verbatim record of such hear13 ing; and

14 ‘‘(4) the right to written, or, at the option of

15 the parents, electronic findings of fact and decisions

16 (which findings and decisions shall be made available

17 to the public consistent with the requirements of sec18 tion 617(c) (relating to the confidentiality of data,

19 information, and records) and shall also be transmit20 ted to the advisory panel established pursuant to

21 section 612(a)(21)).

22 ‘‘(i) ADMINISTRATIVE PROCEDURES.—

23 ‘‘(1) IN GENERAL.—

24 ‘‘(A) DECISION MADE IN HEARING.—A de25 cision made in a hearing conducted pursuant to
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1 subsection (f) or (k) shall be final, except that

2 any party involved in such hearing may appeal

3 such decision under the provisions of subsection

4 (g) and paragraph (2) of this subsection.

5 ‘‘(B) DECISION MADE AT APPEAL.—A de6 cision made under subsection (g) shall be final,

7 except that any party may bring an action

8 under paragraph (2) of this subsection.

9 ‘‘(2) RIGHT TO BRING CIVIL ACTION.—

10 ‘‘(A) IN GENERAL.—Any party aggrieved

11 by the findings and decision made under sub12 section (f) or (k) who does not have the right

13 to an appeal under subsection (g), and any

14 party aggrieved by the findings and decision

15 under this subsection, shall have the right to

16 bring a civil action with respect to the com17 plaint presented pursuant to this section, which

18 action may be brought in any State court of

19 competent jurisdiction or in a district court of

20 the United States without regard to the amount

21 in controversy.

22 ‘‘(B) ADDITIONAL REQUIREMENTS.—In

23 any action brought under this paragraph, the

24 court—
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1 ‘‘(i) shall receive the records of the

2 administrative proceedings;

3 ‘‘(ii) shall hear additional evidence at

4 the request of a party; and

5 ‘‘(iii) basing its decision on the pre6 ponderance of the evidence, shall grant

7 such relief as the court determines is ap8 propriate.

9 ‘‘(3) JURISDICTION OF DISTRICT COURTS; AT10 TORNEYS’ FEES.—

11 ‘‘(A) IN GENERAL.—The district courts of

12 the United States shall have jurisdiction of ac13 tions brought under this section without regard

14 to the amount in controversy.

15 ‘‘(B) AWARD OF ATTORNEYS’ FEES.—In

16 any action or proceeding brought under this

17 section, the court, in its discretion, may award

18 reasonable attorneys’ fees as part of the costs

19 to the parents of a child with a disability who

20 is the prevailing party.

21 ‘‘(C) DETERMINATION OF AMOUNT OF AT22 TORNEYS’ FEES.—Fees awarded under this

23 paragraph shall be based on rates prevailing in

24 the community in which the action or proceed25 ing arose for the kind and quality of services
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1 furnished. No bonus or multiplier may be used

2 in calculating the fees awarded under this sub3 section.

4 ‘‘(D) PROHIBITION OF ATTORNEYS’ FEES

5 AND RELATED COSTS FOR CERTAIN SERV6 ICES.—

7 ‘‘(i) Attorneys’ fees may not be

8 awarded and related costs may not be re9 imbursed in any action or proceeding

10 under this section for services performed

11 subsequent to the time of a written offer of

12 settlement to a parent if—

13 ‘‘(I) the offer is made within the

14 time prescribed by Rule 68 of the

15 Federal Rules of Civil Procedure or,

16 in the case of an administrative pro17 ceeding, at any time more than ten

18 days before the proceeding begins;

19 ‘‘(II) the offer is not accepted

20 within 10 days; and

21 ‘‘(III) the court or administrative

22 hearing officer finds that the relief fi23 nally obtained by the parents is not

24 more favorable to the parents than

25 the offer of settlement.
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1 ‘‘(ii) Attorneys’ fees may not be

2 awarded relating to any meeting of the

3 IEP Team unless such meeting is convened

4 as a result of an administrative proceeding

5 or judicial action, or, at the discretion of

6 the State, for a mediation described in

7 subsection (e) that is conducted prior to

8 the filing of a complaint under subsection

9 (b)(6) or (k) of this section.

10 ‘‘(E) EXCEPTION TO PROHIBITION ON AT11 TORNEYS’ FEES AND RELATED COSTS.—Not12 withstanding subparagraph (D), an award of

13 attorneys’ fees and related costs may be made

14 to a parent who is the prevailing party and who

15 was substantially justified in rejecting the set16 tlement offer.

17 ‘‘(F) REDUCTION IN AMOUNT OF ATTOR18 NEYS’ FEES.—Except as provided in subpara19 graph (G), whenever the court finds that—

20 ‘‘(i) the parent, during the course of

21 the action or proceeding, unreasonably pro22 tracted the final resolution of the con23 troversy;

24 ‘‘(ii) the amount of the attorneys’ fees

25 otherwise authorized to be awarded unrea-
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1 sonably exceeds the hourly rate prevailing

2 in the community for similar services by

3 attorneys of reasonably comparable skill,

4 reputation, and experience;

5 ‘‘(iii) the time spent and legal services

6 furnished were excessive considering the

7 nature of the action or proceeding; or

8 ‘‘(iv) the attorney representing the

9 parent did not provide to the school dis10 trict the appropriate information in the

11 due process complaint in accordance with

12 subsection (b)(7);

13 the court shall reduce, accordingly, the amount

14 of the attorneys’ fees awarded under this sec15 tion.

16 ‘‘(G) EXCEPTION TO REDUCTION IN

17 AMOUNT OF ATTORNEYS’ FEES.—The provi18 sions of subparagraph (F) shall not apply in

19 any action or proceeding if the court finds that

20 the State or local educational agency unreason21 ably protracted the final resolution of the action

22 or proceeding or there was a violation of this

23 section.

24 ‘‘(j) MAINTENANCE OF CURRENT EDUCATIONAL

25 PLACEMENT.—Except as provided in subsection (k)(7),
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1 during the pendency of any proceedings conducted pursu2 ant to this section, unless the State or local educational

3 agency and the parents otherwise agree, the child shall

4 remain in the then-current educational placement of such

5 child, or, if applying for initial admission to a public

6 school, shall, with the consent of the parents, be placed

7 in the public school program until all such proceedings

8 have been completed.

9 ‘‘(k) PLACEMENT IN ALTERNATIVE EDUCATIONAL

10 SETTING.—

11 ‘‘(1) AUTHORITY OF SCHOOL PERSONNEL.—

12 ‘‘(A) School personnel under this section

13 may order a change in the placement of a child

14 with a disability—

15 ‘‘(i) to an appropriate interim alter16 native educational setting, another setting,

17 or suspension, for not more than 10 school

18 days (to the extent such alternatives would

19 be applied to children without disabilities);

20 and

21 ‘‘(ii) to an appropriate interim alter22 native educational setting for the same

23 amount of time that a child without a dis24 ability would be subject to discipline, but

25 for not more than 45 days if—
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1 ‘‘(I) the child carries a weapon to

2 school or to a school function under

3 the jurisdiction of a State or a local

4 educational agency; or

5 ‘‘(II) the child knowingly pos6 sesses or uses illegal drugs or sells or

7 solicits the sale of a controlled sub8 stance while at school or a school

9 function under the jurisdiction of a

10 State or local educational agency.

11 ‘‘(B) Either before or not later than 10

12 days after taking a disciplinary action described

13 in subparagraph (A)—

14 ‘‘(i) if the local educational agency did

15 not conduct a functional behavioral assess16 ment and implement a behavioral interven17 tion plan for such child before the behavior

18 that resulted in the suspension described in

19 subparagraph (A), the agency shall con20 vene an IEP meeting to develop an assess21 ment plan to address that behavior; or

22 ‘‘(ii) if the child already has a behav23 ioral intervention plan, the IEP Team shall

24 review the plan and modify it, as nec25 essary, to address the behavior.
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1 ‘‘(2) AUTHORITY OF HEARING OFFICER.—A

2 hearing officer under this section may order a

3 change in the placement of a child with a disability

4 to an appropriate interim alternative educational set5 ting for not more than 45 days if the hearing offi6 cer—

7 ‘‘(A) determines that the public agency has

8 demonstrated by substantial evidence that

9 maintaining the current placement of such child

10 is substantially likely to result in injury to the

11 child or to others;

12 ‘‘(B) considers the appropriateness of the

13 child’s current placement;

14 ‘‘(C) considers whether the public agency

15 has made reasonable efforts to minimize the

16 risk of harm in the child’s current placement,

17 including the use of supplementary aids and

18 services; and

19 ‘‘(D) determines that the interim alter20 native educational setting meets the require21 ments of paragraph (3)(B).

22 ‘‘(3) DETERMINATION OF SETTING.—

23 ‘‘(A) IN GENERAL.—The alternative edu24 cational setting described in paragraph
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1 (1)(A)(ii) shall be determined by the IEP

2 Team.

3 ‘‘(B) ADDITIONAL REQUIREMENTS.—Any

4 interim alternative educational setting in which

5 a child is placed under paragraph (1) or (2)

6 shall—

7 ‘‘(i) be selected so as to enable the

8 child to continue to participate in the gen9 eral curriculum, although in another set10 ting, and to continue to receive those serv11 ices and modifications, including those de12 scribed in the child’s current IEP, that will

13 enable the child to meet the goals set out

14 in that IEP; and

15 ‘‘(ii) include services and modifica16 tions designed to address the behavior de17 scribed in paragraph (1) or paragraph (2)

18 so that it does not recur.

19 ‘‘(4) MANIFESTATION DETERMINATION RE20 VIEW.—

21 ‘‘(A) IN GENERAL.—If a disciplinary ac22 tion is contemplated as described in paragraph

23 (1) or paragraph (2) for a behavior of a child

24 with a disability described in either of those

25 paragraphs, or if a disciplinary action involving
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1 a change of placement for more than 10 days

2 is contemplated for a child with a disability who

3 has engaged in other behavior that violated any

4 rule or code of conduct of the local educational

5 agency that applies to all children—

6 ‘‘(i) not later than the date on which

7 the decision to take that action is made,

8 the parents shall be notified of that deci9 sion and of all procedural safeguards ac10 corded under this section; and

11 ‘‘(ii) immediately, if possible, but in

12 no case later than 10 school days after the

13 date on which the decision to take that ac14 tion is made, a review shall be conducted

15 of the relationship between the child’s dis16 ability and the behavior subject to the dis17 ciplinary action.

18 ‘‘(B) INDIVIDUALS TO CARRY OUT RE19 VIEW.—A review described in subparagraph (A)

20 shall be conducted by the IEP Team and other

21 qualified personnel.

22 ‘‘(C) CONDUCT OF REVIEW.—In carrying

23 out a review described in subparagraph (A), the

24 IEP Team may determine that the behavior of
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1 the child was not a manifestation of such

2 child’s disability only if the IEP Team—

3 ‘‘(i) first considers, in terms of the be4 havior subject to disciplinary action, all rel5 evant information, including—

6 ‘‘(I) evaluation and diagnostic re7 sults, including such results or other

8 relevant information supplied by the

9 parents of the child;

10 ‘‘(II) observations of the child;

11 and

12 ‘‘(III) the child’s IEP and place13 ment; and

14 ‘‘(ii) then determines that—

15 ‘‘(I) in relationship to the behav16 ior subject to disciplinary action, the

17 child’s IEP and placement were ap18 propriate and the special education

19 services, supplementary aids and serv20 ices, and behavior intervention strate21 gies were provided consistent with the

22 child’s IEP and placement;

23 ‘‘(II) the child’s disability did not

24 impair the ability of the child to un25 derstand the impact and consequences
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1 of the behavior subject to disciplinary

2 action; and

3 ‘‘(III) the child’s disability did

4 not impair the ability of the child to

5 control the behavior subject to dis6 ciplinary action.

7 ‘‘(5) DETERMINATION THAT BEHAVIOR WAS

8 NOT MANIFESTATION OF DISABILITY.—

9 ‘‘(A) IN GENERAL.—If the result of the re10 view described in paragraph (4) is a determina11 tion, consistent with paragraph (4)(C), that the

12 behavior of the child with a disability was not

13 a manifestation of the child’s disability, the rel14 evant disciplinary procedures applicable to chil15 dren without disabilities may be applied to the

16 child in the same manner in which they would

17 be applied to children without disabilities, ex18 cept as provided in section 612(a)(1).

19 ‘‘(B) ADDITIONAL REQUIREMENT.—If the

20 public agency initiates disciplinary procedures

21 applicable to all children, the agency shall en22 sure that the special education and disciplinary

23 records of the child with a disability are trans24 mitted for consideration by the person or per-
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1 sons making the final determination regarding

2 the disciplinary action.

3 ‘‘(6) PARENT APPEAL.—

4 ‘‘(A) IN GENERAL.—

5 ‘‘(i) If the child’s parent disagrees

6 with a determination that the child’s be7 havior was not a manifestation of the

8 child’s disability or with any decision re9 garding placement, the parent may request

10 a hearing.

11 ‘‘(ii) The State or local educational

12 agency shall arrange for an expedited hear13 ing in any case described in this subsection

14 when requested by a parent.

15 ‘‘(B) REVIEW OF DECISION.—

16 ‘‘(i) In reviewing a decision with re17 spect to the manifestation determination,

18 the hearing officer shall determine whether

19 the public agency has demonstrated that

20 the child’s behavior was not a manifesta21 tion of such child’s disability consistent

22 with the requirements of paragraph (4)(C).

23 ‘‘(ii) In reviewing a decision under

24 paragraph (1)(A)(ii) to place the child in

25 an interim alternative educational setting,
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1 the hearing officer shall apply the stand2 ards set out in paragraph (2).

3 ‘‘(7) PLACEMENT DURING APPEALS.—

4 ‘‘(A) IN GENERAL.—When a parent re5 quests a hearing regarding a disciplinary action

6 described in paragraph (1)(A)(ii) or paragraph

7 (2) to challenge the interim alternative edu8 cational setting or the manifestation determina9 tion, the child shall remain in the interim alter10 native educational setting pending the decision

11 of the hearing officer or until the expiration of

12 the time period provided for in paragraph

13 (1)(A)(ii) or paragraph (2), whichever occurs

14 first, unless the parent and the State or local

15 educational agency agree otherwise.

16 ‘‘(B) CURRENT PLACEMENT.—If a child is

17 placed in an interim alternative educational set18 ting pursuant to paragraph (1)(A)(ii) or para19 graph (2) and school personnel propose to

20 change the child’s placement after expiration of

21 the interim alternative placement, during the

22 pendency of any proceeding to challenge the

23 proposed change in placement, the child shall

24 remain in the current placement (the child’s

25 placement prior to the interim alternative edu-
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1 cational setting), except as provided in subpara2 graph (C).

3 ‘‘(C) EXPEDITED HEARING.—

4 ‘‘(i) If school personnel maintain that

5 it is dangerous for the child to be in the

6 current placement (placement prior to re7 moval to the interim alternative education

8 setting) during the pendency of the due

9 process proceedings, the local educational

10 agency may request an expedited hearing.

11 ‘‘(ii) In determining whether the child

12 may be placed in the alternative edu13 cational setting or in another appropriate

14 placement ordered by the hearing officer,

15 the hearing officer shall apply the stand16 ards set out in paragraph (2).

17 ‘‘(8) PROTECTIONS FOR CHILDREN NOT YET

18 ELIGIBLE FOR SPECIAL EDUCATION AND RELATED

19 SERVICES.—

20 ‘‘(A) IN GENERAL.—A child who has not

21 been determined to be eligible for special edu22 cation and related services under this part and

23 who has engaged in behavior that violated any

24 rule or code of conduct of the local educational

25 agency, including any behavior described in
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1 paragraph (1), may assert any of the protec2 tions provided for in this part if the local edu3 cational agency had knowledge (as determined

4 in accordance with this paragraph) that the

5 child was a child with a disability before the be6 havior that precipitated the disciplinary action

7 occurred.

8 ‘‘(B) BASIS OF KNOWLEDGE.—A local edu9 cational agency shall be deemed to have knowl10 edge that a child is a child with a disability if—

11 ‘‘(i) the parent of the child has ex12 pressed concern in writing (unless the par13 ent is illiterate or has a disability that pre14 vents compliance with the requirements

15 contained in this clause) to personnel of

16 the appropriate educational agency that

17 the child is in need of special education

18 and related services;

19 ‘‘(ii) the behavior or performance of

20 the child demonstrates the need for such

21 services;

22 ‘‘(iii) the parent of the child has re23 quested an evaluation of the child pursuant

24 to section 614; or
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1 ‘‘(iv) the teacher of the child, or other

2 personnel of the local educational agency,

3 has expressed concern about the behavior

4 or performance of the child to the director

5 of special education of such agency or to

6 other personnel of the agency.

7 ‘‘(C) CONDITIONS THAT APPLY IF NO

8 BASIS OF KNOWLEDGE.—

9 ‘‘(i) IN GENERAL.—If a local edu10 cational agency does not have knowledge

11 that a child is a child with a disability (in

12 accordance with subparagraph (B)) prior

13 to taking disciplinary measures against the

14 child, the child may be subjected to the

15 same disciplinary measures as measures

16 applied to children without disabilities who

17 engaged in comparable behaviors consist18 ent with clause (ii).

19 ‘‘(ii) LIMITATIONS.—If a request is

20 made for an evaluation of a child during

21 the time period in which the child is sub22 jected to disciplinary measures under para23 graph (1) or (2), the evaluation shall be

24 conducted in an expedited manner. If the

25 child is determined to be a child with a dis-
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1 ability, taking into consideration informa2 tion from the evaluation conducted by the

3 agency and information provided by the

4 parents, the agency shall provide special

5 education and related services in accord6 ance with the provisions of this part, ex7 cept that, pending the results of the eval8 uation, the child shall remain in the edu9 cational placement determined by school

10 authorities.

11 ‘‘(9) REFERRAL TO AND ACTION BY LAW EN12 FORCEMENT AND JUDICIAL AUTHORITIES.—

13 ‘‘(A) Nothing in this part shall be con14 strued to prohibit an agency from reporting a

15 crime committed by a child with a disability to

16 appropriate authorities or to prevent State law

17 enforcement and judicial authorities from exer18 cising their responsibilities with regard to the

19 application of Federal and State law to crimes

20 committed by a child with a disability.

21 ‘‘(B) An agency reporting a crime commit22 ted by a child with a disability shall ensure that

23 copies of the special education and disciplinary

24 records of the child are transmitted for consid-
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1 eration by the appropriate authorities to whom

2 it reports the crime.

3 ‘‘(10) DEFINITIONS.—For purposes of this sub4 section, the following definitions apply:

5 ‘‘(A) CONTROLLED SUBSTANCE.—The

6 term ‘controlled substance’ means a drug or

7 other substance identified under schedules I, II,

8 III, IV, or V in section 202(c) of the Controlled

9 Substances Act (21 U.S.C. 812(c)).

10 ‘‘(B) ILLEGAL DRUG.—The term ‘illegal

11 drug’—

12 ‘‘(i) means a controlled substance; but

13 ‘‘(ii) does not include such a sub14 stance that is legally possessed or used

15 under the supervision of a licensed health16 care professional or that is legally pos17 sessed or used under any other authority

18 under that Act or under any other provi19 sion of Federal law.

20 ‘‘(C) SUBSTANTIAL EVIDENCE.—The term

21 ‘substantial evidence’ means beyond a prepon22 derance of the evidence.

23 ‘‘(D) WEAPON.—The term ‘weapon’ has

24 the meaning given the term ‘dangerous weapon’
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1 under paragraph (2) of the first subsection (g)

2 of section 930 of title 18, United States Code.

3 ‘‘(l) RULE OF CONSTRUCTION.—Nothing in this part

4 shall be construed to restrict or limit the rights, proce5 dures, and remedies available under the Constitution, the

6 Americans with Disabilities Act of 1990, title V of the Re7 habilitation Act of 1973, or other Federal laws protecting

8 the rights of children with disabilities, except that before

9 the filing of a civil action under such laws seeking relief

10 that is also available under this part, the procedures under

11 subsections (f) and (g) shall be exhausted to the same ex12 tent as would be required had the action been brought

13 under this part.

14 ‘‘(m) TRANSFER OF PARENTAL RIGHTS AT AGE OF

15 MAJORITY.—

16 ‘‘(1) IN GENERAL.—A State that receives

17 amounts from a grant under this part may provide

18 that, when a child with a disability reaches the age

19 of majority under State law (except for a child with

20 a disability who has been determined to be incom21 petent under State law)—

22 ‘‘(A) the public agency shall provide any

23 notice required by this section to both the indi24 vidual and the parents;
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1 ‘‘(B) all other rights accorded to parents

2 under this part transfer to the child;

3 ‘‘(C) the agency shall notify the individual

4 and the parents of the transfer of rights; and

5 ‘‘(D) all rights accorded to parents under

6 this part transfer to children who are incarcer7 ated in an adult or juvenile Federal, State, or

8 local correctional institution.

9 ‘‘(2) SPECIAL RULE.—If, under State law, a

10 child with a disability who has reached the age of

11 majority under State law, who has not been deter12 mined to be incompetent, but who is determined not

13 to have the ability to provide informed consent with

14 respect to the educational program of the child, the

15 State shall establish procedures for appointing the

16 parent of the child, or if the parent is not available,

17 another appropriate individual, to represent the edu18 cational interests of the child throughout the period

19 of eligibility of the child under this part.

20 ‘‘SEC. 616. WITHHOLDING AND JUDICIAL REVIEW.

21 (a) WITHHOLDING OF PAYMENTS.—

22 ‘‘(1) IN GENERAL.—Whenever the Secretary,

23 after reasonable notice and opportunity for hearing

24 to the State educational agency involved (and to any
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1 local educational agency or State agency affected by

2 any failure described in subparagraph (B)), finds—

3 ‘‘(A) that there has been a failure by the

4 State to comply substantially with any provision

5 of this part; or

6 ‘‘(B) that there is a failure to comply with

7 any condition of a local educational agency’s or

8 State agency’s eligibility under this part, includ9 ing the terms of any agreement to achieve com10 pliance with this part within the timelines speci11 fied in the agreement;

12 the Secretary shall, after notifying the State edu13 cational agency, withhold, in whole or in part, any

14 further payments to the State under this part, or

15 refer the matter for appropriate enforcement action,

16 which may include referral to the Department of

17 Justice.

18 ‘‘(2) NATURE OF WITHHOLDING.—If the Sec19 retary withholds further payments under paragraph

20 (1), the Secretary may determine that such with21 holding will be limited to programs or projects, or

22 portions thereof, affected by the failure, or that the

23 State educational agency shall not make further pay24 ments under this part to specified local educational

25 agencies or State agencies affected by the failure.
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1 Until the Secretary is satisfied that there is no

2 longer any failure to comply with the provisions of

3 this part, as specified in subparagraph (A) or (B) of

4 paragraph (1), payments to the State under this

5 part shall be withheld in whole or in part, or pay6 ments by the State educational agency under this

7 part shall be limited to local educational agencies

8 and State agencies whose actions did not cause or

9 were not involved in the failure, as the case may be.

10 Any State educational agency, State agency, or local

11 educational agency that has received notice under

12 paragraph (1) shall, by means of a public notice,

13 take such measures as may be necessary to bring

14 the pendency of an action pursuant to this sub15 section to the attention of the public within the ju16 risdiction of such agency.

17 ‘‘(b) JUDICIAL REVIEW.—

18 ‘‘(1) IN GENERAL.—If any State is dissatisfied

19 with the Secretary’s final action with respect to the

20 eligibility of the State under section 612, such State

21 may, not later than 60 days after notice of such ac22 tion, file with the United States court of appeals for

23 the circuit in which such State is located a petition

24 for review of that action. A copy of the petition shall

25 be forthwith transmitted by the clerk of the court to
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1 the Secretary. The Secretary thereupon shall file in

2 the court the record of the proceedings upon which

3 the Secretary’s action was based, as provided in sec4 tion 2112 of title 28, United States Code.

5 ‘‘(2) JURISDICTION; REVIEW BY UNITED

6 STATES SUPREME COURT.—Upon the filing of such

7 petition, the court shall have jurisdiction to affirm

8 the action of the Secretary or to set it aside, in

9 whole or in part. The judgment of the court shall be

10 subject to review by the Supreme Court of the Unit11 ed States upon certiorari or certification as provided

12 in section 1254 of title 28, United States Code.

13 ‘‘(3) STANDARD OF REVIEW.—The findings of

14 fact by the Secretary, if supported by substantial

15 evidence, shall be conclusive, but the court, for good

16 cause shown, may remand the case to the Secretary

17 to take further evidence, and the Secretary may

18 thereupon make new or modified findings of fact and

19 may modify the Secretary’s previous action, and

20 shall file in the court the record of the further pro21 ceedings. Such new or modified findings of fact shall

22 likewise be conclusive if supported by substantial evi23 dence.

24 ‘‘(c) DIVIDED STATE AGENCY RESPONSIBILITY.—For

25 purposes of this section, where responsibility for ensuring
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1 that the requirements of this part are met with respect

2 to children with disabilities who are convicted as adults

3 under State law and incarcerated in adult prisons is as4 signed to a public agency other than the State educational

5 agency pursuant to section 612(a)(11)(C), the Secretary,

6 in instances where the Secretary finds that the failure to

7 comply substantially with the provisions of this part are

8 related to a failure by the public agency, shall take appro9 priate corrective action to ensure compliance with this

10 part, except—

11 ‘‘(1) any reduction or withholding of payments

12 to the State is proportionate to the total funds allot13 ted under section 611 to the State as the number of

14 eligible children with disabilities in adult prisons

15 under the supervision of the other public agency is

16 proportionate to the number of eligible individuals

17 with disabilities in the State under the supervision

18 of the State educational agency; and

19 ‘‘(2) any withholding of funds under paragraph

20 (1) shall be limited to the specific agency responsible

21 for the failure to comply with this part.

22 ‘‘SEC. 617. ADMINISTRATION.

23 ‘‘(a) RESPONSIBILITIES OF SECRETARY.—In carry24 ing out this part, the Secretary shall—
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1 ‘‘(1) cooperate with, and (directly or by grant

2 or contract) furnish technical assistance necessary

3 to, the State in matters relating to—

4 ‘‘(A) the education of children with disabil5 ities; and

6 ‘‘(B) carrying out this part; and

7 ‘‘(2) provide short-term training programs and

8 institutes.

9 ‘‘(b) RULES AND REGULATIONS.—In carrying out

10 the provisions of this part, the Secretary shall issue regu11 lations under this Act only to the extent that such regula12 tions are necessary to ensure that there is compliance with

13 the specific requirements of this Act.

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 assure 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 carry out the Sec24 retary’s duties under subsection (a) and under sections

25 618, 661, and 673 (or their predecessor authorities
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1 through October 1, 1997) without regard to the provisions

2 of title 5, United States Code, relating to appointments

3 in the competitive service and without regard to chapter

4 51 and subchapter III of chapter 53 of such title relating

5 to classification and general schedule pay rates, except

6 that no more than twenty such personnel shall be em7 ployed at any time.

8 ‘‘SEC. 618. PROGRAM INFORMATION.

9 ‘‘(a) IN GENERAL.—Each State that receives assist10 ance under this part, and the Secretary of the Interior,

11 shall provide data each year to the Secretary—

12 ‘‘(1)(A) on—

13 ‘‘(i) the number of children with disabil14 ities, by race, ethnicity, and disability category,

15 who are receiving a free appropriate public edu16 cation;

17 ‘‘(ii) the number of children with disabil18 ities, by race and ethnicity, who are receiving

19 early intervention services;

20 ‘‘(iii) the number of children with disabil21 ities, by race, ethnicity, and disability category,

22 who are participating in regular education;

23 ‘‘(iv) the number of children with disabil24 ities, by race, ethnicity, and disability category,

25 who are in separate classes, separate schools or
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1 facilities, or public or private residential facili2 ties;

3 ‘‘(v) the number of children with disabil4 ities, by race, ethnicity, and disability category,

5 who, for each year of age from age 14 to 21,

6 stopped receiving special education and related

7 services because of program completion or other

8 reasons and the reasons why those children

9 stopped receiving special education and related

10 services;

11 ‘‘(vi) the number of children with disabil12 ities, by race and ethnicity, who, from birth

13 through age two, stopped receiving early inter14 vention services because of program completion

15 or for other reasons; and

16 ‘‘(vii)(I) the number of children with dis17 abilities, by race, ethnicity, and disability cat18 egory, who under subparagraphs (A)(ii) and

19 (B) of section 615(k)(1), are removed to an in20 terim alternative educational setting;

21 ‘‘(II) the acts or items precipitating those

22 removals; and

23 ‘‘(III) the number of children with disabil24 ities who are subject to long-term suspensions

25 or expulsions; and
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1 ‘‘(B) on the number of infants and toddlers, by

2 race and ethnicity, who are at risk of having sub3 stantial developmental delays (as described in sec4 tion 632), and who are receiving early intervention

5 services under part C; and

6 ‘‘(2) on any other information that may be re7 quired by the Secretary.

8 ‘‘(b) SAMPLING.—The Secretary may permit States

9 and the Secretary of the Interior to obtain the data de10 scribed in subsection (a) through sampling.

11 ‘‘(c) DISPROPORTIONALITY.—

12 ‘‘(1) IN GENERAL.—Each State that receives

13 assistance under this part, and the Secretary of the

14 Interior, shall provide for the collection and exam15 ination of data to determine if significant

16 disproportionality based on race is occurring in the

17 State with respect to—

18 ‘‘(A) the identification of children as chil19 dren with disabilities, including the identifica20 tion of children as children with disabilities in

21 accordance with a particular impairment de22 scribed in section 602(3); and

23 ‘‘(B) the placement in particular edu24 cational settings of such children.
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1 ‘‘(2) REVIEW AND REVISION OF POLICIES,

2 PRACTICES, AND PROCEDURES.—In the case of a de3 termination of significant disproportionality with re4 spect to the identification of children as children

5 with disabilities, or the placement in particular edu6 cational settings of such children, in accordance with

7 paragraph (1), the State or the Secretary of the In8 terior, as the case may be, shall provide for the re9 view and, if appropriate, revision of the policies, pro10 cedures, and practices used in such identification or

11 placement to ensure that such policies, procedures,

12 and practices comply with the requirements of this

13 Act.

14 ‘‘SEC. 619. PRESCHOOL GRANTS.

15 ‘‘(a) IN GENERAL.—The Secretary shall provide

16 grants under this section to assist States to provide special

17 education and related services, in accordance with this

18 part—

19 ‘‘(1) to children with disabilities aged 3 to 5, in20 clusive; and

21 ‘‘(2) at the State’s discretion, to 2-year-old chil22 dren with disabilities who will turn 3 during the

23 school year.

24 ‘‘(b) ELIGIBILITY.—A State shall be eligible for a

25 grant under this section if such State—
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1 ‘‘(1) is eligible under section 612 to receive a

2 grant under this part; and

3 ‘‘(2) makes a free appropriate public education

4 available to all children with disabilities, aged 3

5 through 5, residing in the State.

6 ‘‘(c) ALLOCATIONS TO STATES.—

7 ‘‘(1) IN GENERAL.—After reserving funds for

8 studies and evaluations under section 674(e), the

9 Secretary shall allocate the remaining amount

10 among the States in accordance with paragraph (2)

11 or (3), as the case may be.

12 ‘‘(2) INCREASE IN FUNDS.—If the amount

13 available for allocations to States under paragraph

14 (1) is equal to or greater than the amount allocated

15 to the States under this section for the preceding

16 fiscal year, those allocations shall be calculated as

17 follows:

18 ‘‘(A)(i) Except as provided in subpara19 graph (B), the Secretary shall—

20 ‘‘(I) allocate to each State the amount

21 it received for fiscal year 1997;

22 ‘‘(II) allocate 85 percent of any re23 maining funds to States on the basis of

24 their relative populations of children aged

25 3 through 5; and
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1 ‘‘(III) allocate 15 percent of those re2 maining funds to States on the basis of

3 their relative populations of all children

4 aged 3 through 5 who are living in poverty.

5 ‘‘(ii) For the purpose of making grants

6 under this paragraph, the Secretary shall use

7 the most recent population data, including data

8 on children living in poverty, that are available

9 and satisfactory to the Secretary.

10 ‘‘(B) Notwithstanding subparagraph (A),

11 allocations under this paragraph shall be sub12 ject to the following:

13 ‘‘(i) No State’s allocation shall be less

14 than its allocation for the preceding fiscal

15 year.

16 ‘‘(ii) No State’s allocation shall be less

17 than the greatest of—

18 ‘‘(I) the sum of—

19 ‘‘(aa) the amount it received

20 for fiscal year 1997; and

21 ‘‘(bb) one third of one per22 cent of the amount by which the

23 amount appropriated under sub24 section (j) exceeds the amount
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1 appropriated under this section

2 for fiscal year 1997;

3 ‘‘(II) the sum of—

4 ‘‘(aa) the amount it received

5 for the preceding fiscal year; and

6 ‘‘(bb) that amount multi7 plied by the percentage by which

8 the increase in the funds appro9 priated from the preceding fiscal

10 year exceeds 1.5 percent; or

11 ‘‘(III) the sum of—

12 ‘‘(aa) the amount it received

13 for the preceding fiscal year; and

14 ‘‘(bb) that amount multi15 plied by 90 percent of the per16 centage increase in the amount

17 appropriated from the preceding

18 fiscal year.

19 ‘‘(iii) Notwithstanding clause (ii), no

20 State’s allocation under this paragraph

21 shall exceed the sum of—

22 ‘‘(I) the amount it received for

23 the preceding fiscal year; and

24 ‘‘(II) that amount multiplied by

25 the sum of 1.5 percent and the per-
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1 centage increase in the amount appro2 priated.

3 ‘‘(C) If the amount available for allocations

4 under this paragraph is insufficient to pay

5 those allocations in full, those allocations shall

6 be ratably reduced, subject to subparagraph

7 (B)(i).

8 ‘‘(3) DECREASE IN FUNDS.—If the amount

9 available for allocations to States under paragraph

10 (1) is less than the amount allocated to the States

11 under this section for the preceding fiscal year, those

12 allocations shall be calculated as follows:

13 ‘‘(A) If the amount available for allocations

14 is greater than the amount allocated to the

15 States for fiscal year 1997, each State shall be

16 allocated the sum of—

17 ‘‘(i) the amount it received for fiscal

18 year 1997; and

19 ‘‘(ii) an amount that bears the same

20 relation to any remaining funds as the in21 crease the State received for the preceding

22 fiscal year over fiscal year 1997 bears to

23 the total of all such increases for all

24 States.
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1 ‘‘(B) If the amount available for alloca2 tions is equal to or less than the amount allo3 cated to the States for fiscal year 1997, each

4 State shall be allocated the amount it received

5 for that year, ratably reduced, if necessary.

6 ‘‘(4) OUTLYING AREAS.—The Secretary shall

7 increase the fiscal year 1998 allotment of each outly8 ing area under section 611 by at least the amount

9 that that area received under this section for fiscal

10 year 1997.

11 ‘‘(d) RESERVATION FOR STATE ACTIVITIES.—

12 ‘‘(1) IN GENERAL.—Each State may retain not

13 more than the amount described in paragraph (2)

14 for administration and other State-level activities in

15 accordance with subsections (e) and (f).

16 ‘‘(2) AMOUNT DESCRIBED.—For each fiscal

17 year, the Secretary shall determine and report to the

18 State educational agency an amount that is 25 per19 cent of the amount the State received under this sec20 tion for fiscal year 1997, cumulatively adjusted by

21 the Secretary for each succeeding fiscal year by the

22 lesser of—

23 ‘‘(A) the percentage increase, if any, from

24 the preceding fiscal year in the State’s alloca25 tion under this section; or
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1 ‘‘(B) the percentage increase, if any, from

2 the preceding fiscal year in the Consumer Price

3 Index For All Urban Consumers published by

4 the Bureau of Labor Statistics of the Depart5 ment of Labor.

6 ‘‘(e) STATE ADMINISTRATION.—

7 ‘‘(1) IN GENERAL.—For the purpose of admin8 istering this section (including the coordination of

9 activities under this part with, and providing tech10 nical assistance to, other programs that provide

11 services to children with disabilities) a State may

12 use not more than 20 percent of the maximum

13 amount it may retain under subsection (d) for any

14 fiscal year.

15 ‘‘(2) ADMINISTRATION OF PART C.—Funds de16 scribed in paragraph (1) may also be used for the

17 administration of part C of this Act, if the State

18 educational agency is the lead agency for the State

19 under that part.

20 ‘‘(f) OTHER STATE-LEVEL ACTIVITIES.—Each State

21 shall use any funds it retains under subsection (d) and

22 does not use for administration under subsection (e)—

23 ‘‘(1) for support services (including establishing

24 and implementing the mediation process required by

25 section 615(e)), which may benefit children with dis-
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1 abilities younger than 3 or older than 5 as long as

2 those services also benefit children with disabilities

3 aged 3 through 5;

4 ‘‘(2) for direct services for children eligible for

5 services under this section;

6 ‘‘(3) to develop a State improvement plan under

7 subpart 1 of part D;

8 ‘‘(4) for activities at the State and local levels

9 to meet the performance goals established by the

10 State under section 612(a)(16) and to support im11 plementation of the State improvement plan under

12 subpart 1 of part D if the State receives funds

13 under that subpart; or

14 ‘‘(5) to supplement other funds used to develop

15 and implement a Statewide coordinated services sys16 tem designed to improve results for children and

17 families, including children with disabilities and their

18 families, but not to exceed one percent of the

19 amount received by the State under this section for

20 a fiscal year.

21 ‘‘(g) SUBGRANTS TO LOCAL EDUCATIONAL AGEN22 CIES.—

23 ‘‘(1) SUBGRANTS REQUIRED.—Each State that

24 receives a grant under this section for any fiscal

25 year shall distribute any of the grant funds that it
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1 does not reserve under subsection (d) to local edu2 cational agencies in the State that have established

3 their eligibility under section 613, as follows:

4 ‘‘(A) BASE PAYMENTS.—The State shall

5 first award each agency described in paragraph

6 (1) the amount that agency would have received

7 under this section for fiscal year 1997 if the

8 State had distributed 75 percent of its grant for

9 that year under section 619(c)(3), as then in ef10 fect.

11 ‘‘(B) ALLOCATION OF REMAINING

12 FUNDS.—After making allocations under sub13 paragraph (A), the State shall—

14 ‘‘(i) allocate 85 percent of any re15 maining funds to those agencies on the

16 basis of the relative numbers of children

17 enrolled in public and private elementary

18 and secondary schools within the agency’s

19 jurisdiction; and

20 ‘‘(ii) allocate 15 percent of those re21 maining funds to those agencies in accord22 ance with their relative numbers of chil23 dren living in poverty, as determined by

24 the State educational agency.
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1 ‘‘(2) REALLOCATION OF FUNDS.—If a

2 State educational agency determines that a

3 local educational agency is adequately providing

4 a free appropriate public education to all chil5 dren with disabilities aged three through five

6 residing in the area served by that agency with

7 State and local funds, the State educational

8 agency may reallocate any portion of the funds

9 under this section that are not needed by that

10 local agency to provide a free appropriate public

11 education to other local educational agencies in

12 the State that are not adequately providing spe13 cial education and related services to all chil14 dren with disabilities aged three through five

15 residing in the areas they serve.

16 ‘‘(h) PART C INAPPLICABLE.—Part C of this Act

17 does not apply to any child with a disability receiving a

18 free appropriate public education, in accordance with this

19 part, with funds received under this section.

20 ‘‘(i) DEFINITION.—For the purpose of this section,

21 the term ‘State’ means each of the 50 States, the District

22 of Columbia, and the Commonwealth of Puerto Rico.

23 ‘‘(j) AUTHORIZATION OF APPROPRIATIONS.—For the

24 purpose of carrying out this section, there are authorized

25 to be appropriated to the Secretary $500,000,000 for fis-
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1 cal year 1998 and such sums as may be necessary for each

2 subsequent fiscal year.

3 ‘‘PART C—INFANTS AND TODDLERS WITH

4 DISABILITIES

5 ‘‘SEC. 631. FINDINGS AND POLICY.

6 ‘‘(a) FINDINGS.—The Congress finds that there is an

7 urgent and substantial need—

8 ‘‘(1) to enhance the development of infants and

9 toddlers with disabilities and to minimize their po10 tential for developmental delay;

11 ‘‘(2) to reduce the educational costs to our soci12 ety, including our Nation’s schools, by minimizing

13 the need for special education and related services

14 after infants and toddlers with disabilities reach

15 school age;

16 ‘‘(3) to minimize the likelihood of institutional17 ization of individuals with disabilities and maximize

18 the potential for their independently living in society;

19 ‘‘(4) to enhance the capacity of families to meet

20 the special needs of their infants and toddlers with

21 disabilities; and

22 ‘‘(5) to enhance the capacity of State and local

23 agencies and service providers to identify, evaluate,

24 and meet the needs of historically underrepresented
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1 populations, particularly minority, low-income, inner2 city, and rural populations.

3 ‘‘(b) POLICY.—It is therefore the policy of the United

4 States to provide financial assistance to States—

5 ‘‘(1) to develop and implement a statewide,

6 comprehensive, coordinated, multidisciplinary, inter7 agency system that provides early intervention serv8 ices for infants and toddlers with disabilities and

9 their families;

10 ‘‘(2) to facilitate the coordination of payment

11 for early intervention services from Federal, State,

12 local, and private sources (including public and pri13 vate insurance coverage);

14 ‘‘(3) to enhance their capacity to provide qual15 ity early intervention services and expand and im16 prove existing early intervention services being pro17 vided to infants and toddlers with disabilities and

18 their families; and

19 ‘‘(4) to encourage States to expand opportuni20 ties for children under 3 years of age who would be

21 at risk of having substantial developmental delay if

22 they did not receive early intervention services.

23 ‘‘SEC. 632. DEFINITIONS.

24 ‘‘As used in this part:
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1 ‘‘(1) AT-RISK INFANT OR TODDLER.—The term

2 ‘at-risk infant or toddler’ means an individual under

3 3 years of age who would be at risk of experiencing

4 a substantial developmental delay if early interven5 tion services were not provided to the individual.

6 ‘‘(2) COUNCIL.—The term ‘council’ means a

7 State interagency coordinating council established

8 under section 641.

9 ‘‘(3) DEVELOPMENTAL DELAY.—The term ‘de10 velopmental delay’, when used with respect to an in11 dividual residing in a State, has the meaning given

12 such term by the State under section 635(a)(1).

13 ‘‘(4) EARLY INTERVENTION SERVICES.—The

14 term ‘early intervention services’ means developmen15 tal services that—

16 ‘‘(A) are provided under public supervision;

17 ‘‘(B) are provided at no cost except where

18 Federal or State law provides for a system of

19 payments by families, including a schedule of

20 sliding fees;

21 ‘‘(C) are designed to meet the developmen22 tal needs of an infant or toddler with a disabil23 ity in any one or more of the following areas—

24 ‘‘(i) physical development;

25 ‘‘(ii) cognitive development;
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1 ‘‘(iii) communication development;

2 ‘‘(iv) social or emotional development;

3 or

4 ‘‘(v) adaptive development;

5 ‘‘(D) meet the standards of the State in

6 which they are provided, including the require7 ments of this part;

8 ‘‘(E) include—

9 ‘‘(i) family training, counseling, and

10 home visits;

11 ‘‘(ii) special instruction;

12 ‘‘(iii) speech-language pathology and

13 audiology services;

14 ‘‘(iv) occupational therapy;

15 ‘‘(v) physical therapy;

16 ‘‘(vi) psychological services;

17 ‘‘(vii) service coordination services;

18 ‘‘(viii) medical services only for diag19 nostic or evaluation purposes;

20 ‘‘(ix) early identification, screening,

21 and assessment services;

22 ‘‘(x) health services necessary to en23 able the infant or toddler to benefit from

24 the other early intervention services;

25 ‘‘(xi) social work services;
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1 ‘‘(xii) vision services;

2 ‘‘(xiii) assistive technology devices and

3 assistive technology services; and

4 ‘‘(xiv) transportation and related costs

5 that are necessary to enable an infant or

6 toddler and the infant’s or toddler’s family

7 to receive another service described in this

8 paragraph;

9 ‘‘(F) are provided by qualified personnel,

10 including—

11 ‘‘(i) special educators;

12 ‘‘(ii) speech-language pathologists and

13 audiologists;

14 ‘‘(iii) occupational therapists;

15 ‘‘(iv) physical therapists;

16 ‘‘(v) psychologists;

17 ‘‘(vi) social workers;

18 ‘‘(vii) nurses;

19 ‘‘(viii) nutritionists;

20 ‘‘(ix) family therapists;

21 ‘‘(x) orientation and mobility special22 ists; and

23 ‘‘(xi) pediatricians and other physi24 cians;
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1 ‘‘(G) to the maximum extent appropriate,

2 are provided in natural environments, including

3 the home, and community settings in which

4 children without disabilities participate; and

5 ‘‘(H) are provided in conformity with an

6 individualized family service plan adopted in ac7 cordance with section 636.

8 ‘‘(5) INFANT OR TODDLER WITH A DISABIL9 ITY.—The term ‘infant or toddler with a disabil10 ity’—

11 ‘‘(A) means an individual under 3 years of

12 age who needs early intervention services be13 cause the individual—

14 ‘‘(i) is experiencing developmental

15 delays, as measured by appropriate diag16 nostic instruments and procedures in one

17 or more of the areas of cognitive develop18 ment, physical development, communica19 tion development, social or emotional devel20 opment, and adaptive development; or

21 ‘‘(ii) has a diagnosed physical or men22 tal condition which has a high probability

23 of resulting in developmental delay; and

24 ‘‘(B) may also include, at a State’s discre25 tion, at-risk infants and toddlers.
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1 ‘‘SEC. 633. GENERAL AUTHORITY.

2 ‘‘The Secretary shall, in accordance with this part,

3 make grants to States (from their allotments under sec4 tion 643) to assist each State to maintain and implement

5 a statewide, comprehensive, coordinated, multidisciplinary,

6 interagency system to provide early intervention services

7 for infants and toddlers with disabilities and their families.

8 ‘‘SEC. 634. ELIGIBILITY.

9 ‘‘In order to be eligible for a grant under section 633,

10 a State shall demonstrate to the Secretary that the

11 State—

12 ‘‘(1) has adopted a policy that appropriate early

13 intervention services are available to all infants and

14 toddlers with disabilities in the State and their fami15 lies, including Indian infants and toddlers with dis16 abilities and their families residing on a reservation

17 geographically located in the State; and

18 ‘‘(2) has in effect a statewide system that meets

19 the requirements of section 635.

20 ‘‘SEC. 635. REQUIREMENTS FOR STATEWIDE SYSTEM.

21 ‘‘(a) IN GENERAL.—A statewide system described in

22 section 633 shall include, at a minimum, the following

23 components:

24 ‘‘(1) A definition of the term ‘developmental

25 delay’ that will be used by the State in carrying out

26 programs under this part.
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1 ‘‘(2) A State policy that is in effect and that

2 ensures that appropriate early intervention services

3 are available to all infants and toddlers with disabil4 ities and their families, including Indian infants and

5 toddlers and their families residing on a reservation

6 geographically located in the State.

7 ‘‘(3) A timely, comprehensive, multidisciplinary

8 evaluation of the functioning of each infant or tod9 dler with a disability in the State, and a family-di10 rected identification of the needs of each family of

11 such an infant or toddler, to appropriately assist in

12 the development of the infant or toddler.

13 ‘‘(4) For each infant or toddler with a disability

14 in the State, an individualized family service plan in

15 accordance with section 636, including service co16 ordination services in accordance with such service

17 plan.

18 ‘‘(5) A comprehensive child find system, con19 sistent with part B, including a system for making

20 referrals to service providers that includes timelines

21 and provides for participation by primary referral

22 sources.

23 ‘‘(6) A public awareness program focusing on

24 early identification of infants and toddlers with dis25 abilities, including the preparation and dissemination
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1 by the lead agency designated or established under

2 paragraph (10) to all primary referral sources, espe3 cially hospitals and physicians, of information for

4 parents on the availability of early intervention serv5 ices, and procedures for determining the extent to

6 which such sources disseminate such information to

7 parents of infants and toddlers.

8 ‘‘(7) A central directory which includes infor9 mation on early intervention services, resources, and

10 experts available in the State and research and dem11 onstration projects being conducted in the State.

12 ‘‘(8) A comprehensive system of personnel de13 velopment, including the training of paraprofes14 sionals and the training of primary referral sources

15 respecting the basic components of early intervention

16 services available in the State, that is consistent

17 with the comprehensive system of personnel develop18 ment described in section 612(a)(14) and may in19 clude—

20 ‘‘(A) implementing innovative strategies

21 and activities for the recruitment and retention

22 of early education service providers;

23 ‘‘(B) promoting the preparation of early

24 intervention providers who are fully and appro-
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1 priately qualified to provide early intervention

2 services under this part;

3 ‘‘(C) training personnel to work in rural

4 and inner-city areas; and

5 ‘‘(D) training personnel to coordinate tran6 sition services for infants and toddlers served

7 under this part from an early intervention pro8 gram under this part to preschool or other ap9 propriate services.

10 ‘‘(9) Subject to subsection (b), policies and pro11 cedures relating to the establishment and mainte12 nance of standards to ensure that personnel nec13 essary to carry out this part are appropriately and

14 adequately prepared and trained, including—

15 ‘‘(A) the establishment and maintenance of

16 standards which are consistent with any State17 approved or recognized certification, licensing,

18 registration, or other comparable requirements

19 which apply to the area in which such personnel

20 are providing early intervention services; and

21 ‘‘(B) to the extent such standards are not

22 based on the highest requirements in the State

23 applicable to a specific profession or discipline,

24 the steps the State is taking to require the re-
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1 training or hiring of personnel that meet appro2 priate professional requirements in the State;

3 except that nothing in this part, including this para4 graph, prohibits the use of paraprofessionals and as5 sistants who are appropriately trained and super6 vised, in accordance with State law, regulations, or

7 written policy, to assist in the provision of early

8 intervention services to infants and toddlers with

9 disabilities under this part.

10 ‘‘(10) A single line of responsibility in a lead

11 agency designated or established by the Governor for

12 carrying out—

13 ‘‘(A) the general administration and super14 vision of programs and activities receiving as15 sistance under section 633, and the monitoring

16 of programs and activities used by the State to

17 carry out this part, whether or not such pro18 grams or activities are receiving assistance

19 made available under section 633, to ensure

20 that the State complies with this part;

21 ‘‘(B) the identification and coordination of

22 all available resources within the State from

23 Federal, State, local, and private sources;
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1 ‘‘(C) the assignment of financial respon2 sibility in accordance with section 637(a)(2) to

3 the appropriate agencies;

4 ‘‘(D) the development of procedures to en5 sure that services are provided to infants and

6 toddlers with disabilities and their families

7 under this part in a timely manner pending the

8 resolution of any disputes among public agen9 cies or service providers;

10 ‘‘(E) the resolution of intra- and inter11 agency disputes; and

12 ‘‘(F) the entry into formal interagency

13 agreements that define the financial responsibil14 ity of each agency for paying for early interven15 tion services (consistent with State law) and

16 procedures for resolving disputes and that in17 clude all additional components necessary to en18 sure meaningful cooperation and coordination.

19 ‘‘(11) A policy pertaining to the contracting or

20 making of other arrangements with service providers

21 to provide early intervention services in the State,

22 consistent with the provisions of this part, including

23 the contents of the application used and the condi24 tions of the contract or other arrangements.
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1 ‘‘(12) A procedure for securing timely reim2 bursements of funds used under this part in accord3 ance with section 640(a).

4 ‘‘(13) Procedural safeguards with respect to

5 programs under this part, as required by section

6 639.

7 ‘‘(14) A system for compiling data requested by

8 the Secretary under section 618 that relates to this

9 part.

10 ‘‘(15) A State interagency coordinating council

11 that meets the requirements of section 641.

12 ‘‘(16) Policies and procedures to ensure that,

13 consistent with section 636(d)(5)—

14 ‘‘(A) to the maximum extent appropriate,

15 early intervention services are provided in natu16 ral environments; and

17 ‘‘(B) the provision of early intervention

18 services for any infant or toddler occurs in a

19 setting other than a natural environment only

20 when early intervention cannot be achieved sat21 isfactorily for the infant or toddler in a natural

22 environment.

23 ‘‘(b) POLICY.—In implementing subsection (a)(9), a

24 State may adopt a policy that includes making ongoing

25 good-faith efforts to recruit and hire appropriately and
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1 adequately trained personnel to provide early intervention

2 services to infants and toddlers with disabilities, including,

3 in a geographic area of the State where there is a shortage

4 of such personnel, the most qualified individuals available

5 who are making satisfactory progress toward completing

6 applicable course work necessary to meet the standards

7 described in subsection (a)(9), consistent with State law

8 within 3 years.

9 ‘‘SEC. 636. INDIVIDUALIZED FAMILY SERVICE PLAN.

10 ‘‘(a) ASSESSMENT AND PROGRAM DEVELOPMENT.—

11 A statewide system described in section 633 shall provide,

12 at a minimum, for each infant or toddler with a disability,

13 and the infant’s or toddler’s family, to receive—

14 ‘‘(1) a multidisciplinary assessment of the

15 unique strengths and needs of the infant or toddler

16 and the identification of services appropriate to meet

17 such needs;

18 ‘‘(2) a family-directed assessment of the re19 sources, priorities, and concerns of the family and

20 the identification of the supports and services nec21 essary to enhance the family’s capacity to meet the

22 developmental needs of the infant or toddler; and

23 ‘‘(3) a written individualized family service plan

24 developed by a multidisciplinary team, including the

25 parents, as required by subsection (e).
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1 ‘‘(b) PERIODIC REVIEW.—The individualized family

2 service plan shall be evaluated once a year and the family

3 shall be provided a review of the plan at 6-month intervals

4 (or more often where appropriate based on infant or tod5 dler and family needs).

6 ‘‘(c) PROMPTNESS AFTER ASSESSMENT.—The indi7 vidualized family service plan shall be developed within a

8 reasonable time after the assessment required by sub9 section (a)(1) is completed. With the parents’ consent,

10 early intervention services may commence prior to the

11 completion of the assessment.

12 ‘‘(d) CONTENT OF PLAN.—The individualized family

13 service plan shall be in writing and contain—

14 ‘‘(1) a statement of the infant’s or toddler’s

15 present levels of physical development, cognitive de16 velopment, communication development, social or

17 emotional development, and adaptive development,

18 based on objective criteria;

19 ‘‘(2) a statement of the family’s resources, pri20 orities, and concerns relating to enhancing the devel21 opment of the family’s infant or toddler with a dis22 ability;

23 ‘‘(3) a statement of the major outcomes ex24 pected to be achieved for the infant or toddler and

25 the family, and the criteria, procedures, and
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1 timelines used to determine the degree to which

2 progress toward achieving the outcomes is being

3 made and whether modifications or revisions of the

4 outcomes or services are necessary;

5 ‘‘(4) a statement of specific early intervention

6 services necessary to meet the unique needs of the

7 infant or toddler and the family, including the fre8 quency, intensity, and method of delivering services;

9 ‘‘(5) a statement of the natural environments in

10 which early intervention services shall appropriately

11 be provided, including a justification of the extent,

12 if any, to which the services will not be provided in

13 a natural environment;

14 ‘‘(6) the projected dates for initiation of serv15 ices and the anticipated duration of the services;

16 ‘‘(7) the identification of the service coordinator

17 from the profession most immediately relevant to the

18 infant’s or toddler’s or family’s needs (or who is oth19 erwise qualified to carry out all applicable respon20 sibilities under this part) who will be responsible for

21 the implementation of the plan and coordination

22 with other agencies and persons; and

23 ‘‘(8) the steps to be taken to support the transi24 tion of the toddler with a disability to preschool or

25 other appropriate services.
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1 ‘‘(e) PARENTAL CONSENT.—The contents of the indi2 vidualized family service plan shall be fully explained to

3 the parents and informed written consent from the par4 ents shall be obtained prior to the provision of early inter5 vention services described in such plan. If the parents do

6 not provide consent with respect to a particular early

7 intervention service, then the early intervention services

8 to which consent is obtained shall be provided.

9 ‘‘SEC. 637. STATE APPLICATION AND ASSURANCES.

10 ‘‘(a) APPLICATION.—A State desiring to receive a

11 grant under section 633 shall submit an application to the

12 Secretary at such time and in such manner as the Sec13 retary may reasonably require. The application shall con14 tain—

15 ‘‘(1) a designation of the lead agency in the

16 State that will be responsible for the administration

17 of funds provided under section 633;

18 ‘‘(2) a designation of an individual or entity re19 sponsible for assigning financial responsibility

20 among appropriate agencies;

21 ‘‘(3) information demonstrating eligibility of the

22 State under section 634, including—

23 ‘‘(A) information demonstrating to the

24 Secretary’s satisfaction that the State has in ef-
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1 fect the statewide system required by section

2 633; and

3 ‘‘(B) a description of services to be pro4 vided to infants and toddlers with disabilities

5 and their families through the system;

6 ‘‘(4) if the State provides services to at-risk in7 fants and toddlers through the system, a description

8 of such services;

9 ‘‘(5) a description of the uses for which funds

10 will be expended in accordance with this part;

11 ‘‘(6) a description of the procedure used to en12 sure that resources are made available under this

13 part for all geographic areas within the State;

14 ‘‘(7) a description of State policies and proce15 dures that ensure that, prior to the adoption by the

16 State of any other policy or procedure necessary to

17 meet the requirements of this part, there are public

18 hearings, adequate notice of the hearings, and an

19 opportunity for comment available to the general

20 public, including individuals with disabilities and

21 parents of infants and toddlers with disabilities;

22 ‘‘(8) a description of the policies and procedures

23 to be used—

24 ‘‘(A) to ensure a smooth transition for tod25 dlers receiving early intervention services under
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1 this part to preschool or other appropriate serv2 ices, including a description of how—

3 ‘‘(i) the families of such toddlers will

4 be included in the transition plans required

5 by subparagraph (C); and

6 ‘‘(ii) the lead agency designated or es7 tablished under section 635(a)(10) will—

8 ‘‘(I) notify the local educational

9 agency for the area in which such a

10 child resides that the child will shortly

11 reach the age of eligibility for pre12 school services under part B, as deter13 mined in accordance with State law;

14 ‘‘(II) in the case of a child who

15 may be eligible for such preschool

16 services, with the approval of the fam17 ily of the child, convene a conference

18 among the lead agency, the family,

19 and the local educational agency at

20 least 90 days (and at the discretion of

21 all such parties, up to 6 months) be22 fore the child is eligible for the pre23 school services, to discuss any such

24 services that the child may receive;

25 and
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1 ‘‘(III) in the case of a child who

2 may not be eligible for such preschool

3 services, with the approval of the fam4 ily, make reasonable efforts to con5 vene 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 child’s program options

13 for the period from the child’s third birthday

14 through the remainder of the school year; and

15 ‘‘(C) to establish a transition plan; and

16 ‘‘(9) such other information and assurances as

17 the Secretary may reasonably require.

18 ‘‘(b) ASSURANCES.—The application described in

19 subsection (a)—

20 ‘‘(1) shall provide satisfactory assurance that

21 Federal funds made available under section 643 to

22 the State will be expended in accordance with this

23 part;

24 ‘‘(2) shall contain an assurance that the State

25 will comply with the requirements of section 640;
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1 ‘‘(3) shall provide satisfactory assurance that

2 the control of funds provided under section 643, and

3 title to property derived from those funds, will be in

4 a public agency for the uses and purposes provided

5 in this part and that a public agency will administer

6 such funds and property;

7 ‘‘(4) shall provide for—

8 ‘‘(A) making such reports in such form

9 and containing such information as the Sec10 retary may require to carry out the Secretary’s

11 functions under this part; and

12 ‘‘(B) keeping such records and affording

13 such access to them as the Secretary may find

14 necessary to ensure the correctness and ver15 ification of those reports and proper disburse16 ment of Federal funds under this part;

17 ‘‘(5) provide satisfactory assurance that Federal

18 funds made available under section 643 to the

19 State—

20 ‘‘(A) will not be commingled with State

21 funds; and

22 ‘‘(B) will be used so as to supplement the

23 level of State and local funds expended for in24 fants and toddlers with disabilities and their
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1 families and in no case to supplant those State

2 and local funds;

3 ‘‘(6) shall provide satisfactory assurance that

4 such fiscal control and fund accounting procedures

5 will be adopted as may be necessary to ensure prop6 er disbursement of, and accounting for, Federal

7 funds paid under section 643 to the State;

8 ‘‘(7) shall provide satisfactory assurance that

9 policies and procedures have been adopted to ensure

10 meaningful involvement of underserved groups, in11 cluding minority, low-income, and rural families, in

12 the planning and implementation of all the require13 ments of this part; and

14 ‘‘(8) shall contain such other information and

15 assurances as the Secretary may reasonably require

16 by regulation.

17 ‘‘(c) STANDARD FOR DISAPPROVAL OF APPLICA18 TION.—The Secretary may not disapprove such an appli19 cation unless the Secretary determines, after notice and

20 opportunity for a hearing, that the application fails to

21 comply with the requirements of this section.

22 ‘‘(d) SUBSEQUENT STATE APPLICATION.—If a State

23 has on file with the Secretary a policy, procedure, or as24 surance that demonstrates that the State meets a require25 ment of this section, including any policy or procedure
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1 filed under part H (as in effect before July 1, 1998), the

2 Secretary shall consider the State to have met the require3 ment for purposes of receiving a grant under this part.

4 ‘‘(e) MODIFICATION OF APPLICATION.—An applica5 tion submitted by a State in accordance with this section

6 shall remain in effect until the State submits to the Sec7 retary such modifications as the State determines nec8 essary. This section shall apply to a modification of an

9 application to the same extent and in the same manner

10 as this section applies to the original application.

11 ‘‘(f) MODIFICATIONS REQUIRED BY THE SEC12 RETARY.—The Secretary may require a State to modify

13 its application under this section, but only to the extent

14 necessary to ensure the State’s compliance with this part,

15 if—

16 ‘‘(1) an amendment is made to this Act, or a

17 Federal regulation issued under this Act;

18 ‘‘(2) a new interpretation of this Act is made by

19 a Federal court or the State’s highest court; or

20 ‘‘(3) an official finding of noncompliance with

21 Federal law or regulations is made with respect to

22 the State.
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1 ‘‘SEC. 638. USES OF FUNDS.

2 ‘‘In addition to using funds provided under section

3 633 to maintain and implement the statewide system re4 quired by such section, a State may use such funds—

5 ‘‘(1) for direct early intervention services for in6 fants and toddlers with disabilities, and their fami7 lies, under this part that are not otherwise funded

8 through other public or private sources;

9 ‘‘(2) to expand and improve on services for in10 fants and toddlers and their families under this part

11 that are otherwise available;

12 ‘‘(3) to provide a free appropriate public edu13 cation, in accordance with part B, to children with

14 disabilities from their third birthday to the begin15 ning of the following school year; and

16 ‘‘(4) in any State that does not provide services

17 for at-risk infants and toddlers under section

18 637(a)(4), to strengthen the statewide system by ini19 tiating, expanding, or improving collaborative efforts

20 related to at-risk infants and toddlers, including es21 tablishing linkages with appropriate public or private

22 community-based organizations, services, and per23 sonnel for the purposes of—

24 ‘‘(A) identifying and evaluating at-risk in25 fants and toddlers;
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1 ‘‘(B) making referrals of the infants and

2 toddlers identified and evaluated under sub3 paragraph (A); and

4 ‘‘(C) conducting periodic follow-up on each

5 such referral to determine if the status of the

6 infant or toddler involved has changed with re7 spect to the eligibility of the infant or toddler

8 for services under this part.

9 ‘‘SEC. 639. PROCEDURAL SAFEGUARDS.

10 ‘‘(a) MINIMUM PROCEDURES.—The procedural safe11 guards required to be included in a statewide system

12 under section 635(a)(13) shall provide, at a minimum, the

13 following:

14 ‘‘(1) The timely administrative resolution of

15 complaints by parents. Any party aggrieved by the

16 findings and decision regarding an administrative

17 complaint shall have the right to bring a civil action

18 with respect to the complaint in any State court of

19 competent jurisdiction or in a district court of the

20 United States without regard to the amount in con21 troversy. In any action brought under this para22 graph, the court shall receive the records of the ad23 ministrative proceedings, shall hear additional evi24 dence at the request of a party, and, basing its deci25 sion on the preponderance of the evidence, shall
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1 grant such relief as the court determines is appro2 priate.

3 ‘‘(2) The right to confidentiality of personally

4 identifiable information, including the right of par5 ents to written notice of and written consent to the

6 exchange of such information among agencies con7 sistent with Federal and State law.

8 ‘‘(3) The right of the parents to determine

9 whether they, their infant or toddler, or other family

10 members will accept or decline any early intervention

11 service under this part in accordance with State law

12 without jeopardizing other early intervention services

13 under this part.

14 ‘‘(4) The opportunity for parents to examine

15 records relating to assessment, screening, eligibility

16 determinations, and the development and implemen17 tation of the individualized family service plan.

18 ‘‘(5) Procedures to protect the rights of the in19 fant or toddler whenever the parents of the infant or

20 toddler are not known or cannot be found or the in21 fant or toddler is a ward of the State, including the

22 assignment of an individual (who shall not be an em23 ployee of the State lead agency, or other State agen24 cy, and who shall not be any person, or any em25 ployee of a person, providing early intervention serv-
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1 ices to the infant or toddler or any family member

2 of the infant or toddler) to act as a surrogate for the

3 parents.

4 ‘‘(6) Written prior notice to the parents of the

5 infant or toddler with a disability whenever the State

6 agency or service provider proposes to initiate or

7 change or refuses to initiate or change the identifica8 tion, evaluation, or placement of the infant or tod9 dler with a disability, or the provision of appropriate

10 early intervention services to the infant or toddler.

11 ‘‘(7) Procedures designed to ensure that the no12 tice required by paragraph (6) fully informs the par13 ents, in the parents’ native language, unless it clear14 ly is not feasible to do so, of all procedures available

15 pursuant to this section.

16 ‘‘(8) The right of parents to use mediation in

17 accordance with section 615(e), except that—

18 ‘‘(A) any reference in the section to a

19 State educational agency shall be considered to

20 be a reference to a State’s lead agency estab21 lished or designated under section 635(a)(10);

22 ‘‘(B) any reference in the section to a local

23 educational agency shall be considered to be a

24 reference to a local service provider or the
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1 State’s lead agency under this part, as the case

2 may be; and

3 ‘‘(C) any reference in the section to the

4 provision of free appropriate public education to

5 children with disabilities shall be considered to

6 be a reference to the provision of appropriate

7 early intervention services to infants and tod8 dlers with disabilities.

9 ‘‘(b) SERVICES DURING PENDENCY OF PROCEED10 INGS.—During the pendency of any proceeding or action

11 involving a complaint by the parents of an infant or tod12 dler with a disability, unless the State agency and the par13 ents otherwise agree, the infant or toddler shall continue

14 to receive the appropriate early intervention services cur15 rently being provided or, if applying for initial services,

16 shall receive the services not in dispute.

17 ‘‘SEC. 640. PAYOR OF LAST RESORT.

18 ‘‘(a) NONSUBSTITUTION.—Funds provided under

19 section 643 may not be used to satisfy a financial commit20 ment for services that would have been paid for from an21 other public or private source, including any medical pro22 gram administered by the Secretary of Defense, but for

23 the enactment of this part, except that whenever consid24 ered necessary to prevent a delay in the receipt of appro25 priate early intervention services by an infant, toddler, or
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1 family in a timely fashion, funds provided under section

2 643 may be used to pay the provider of services pending

3 reimbursement from the agency that has ultimate respon4 sibility for the payment.

5 ‘‘(b) REDUCTION OF OTHER BENEFITS—Nothing in

6 this part shall be construed to permit the State to reduce

7 medical or other assistance available or to alter eligibility

8 under title V of the Social Security Act (relating to mater9 nal and child health) or title XIX of the Social Security

10 Act (relating to medicaid for infants or toddlers with dis11 abilities) within the State.

12 ‘‘SEC. 641. STATE INTERAGENCY COORDINATING COUNCIL.

13 ‘‘(a) ESTABLISHMENT.—

14 ‘‘(1) IN GENERAL.—A State that desires to re15 ceive financial assistance under this part shall estab16 lish a State interagency coordinating council.

17 ‘‘(2) APPOINTMENT.—The council shall be ap18 pointed by the Governor. In making appointments to

19 the council, the Governor shall ensure that the mem20 bership of the council reasonably represents the pop21 ulation of the State.

22 ‘‘(3) CHAIRPERSON.—The Governor shall des23 ignate a member of the council to serve as the chair24 person of the council, or shall require the council to

25 so designate such a member. Any member of the
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1 council who is a representative of the lead agency

2 designated under section 635(a)(10) may not serve

3 as the chairperson of the council.

4 ‘‘(b) COMPOSITION.—

5 ‘‘(1) IN GENERAL.—The council shall be com6 posed as follows:

7 ‘‘(A) PARENTS.—At least 20 percent of

8 the members shall be parents of infants or tod9 dlers with disabilities or children with disabil10 ities aged 12 or younger, with knowledge of, or

11 experience with, programs for infants and tod12 dlers with disabilities. At least one such mem13 ber shall be a parent of an infant or toddler

14 with a disability or a child with a disability

15 aged 6 or younger.

16 ‘‘(B) SERVICE PROVIDERS.—At least 20

17 percent of the members shall be public or pri18 vate providers of early intervention services.

19 ‘‘(C) STATE LEGISLATURE.—At least one

20 member shall be from the State legislature.

21 ‘‘(D) PERSONNEL PREPARATION.—At least

22 one member shall be involved in personnel prep23 aration.

24 ‘‘(E) AGENCY FOR EARLY INTERVENTION

25 SERVICES.—At least one member shall be from
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1 each of the State agencies involved in the provi2 sion of, or payment for, early intervention serv3 ices to infants and toddlers with disabilities and

4 their families and shall have sufficient authority

5 to engage in policy planning and implementa6 tion on behalf of such agencies.

7 ‘‘(F) AGENCY FOR PRESCHOOL SERV8 ICES.—At least one member shall be from the

9 State educational agency responsible for pre10 school services to children with disabilities and

11 shall have sufficient authority to engage in pol12 icy planning and implementation on behalf of

13 such agency.

14 ‘‘(G) AGENCY FOR HEALTH INSURANCE.—

15 At least one member shall be from the agency

16 responsible for the State governance of health

17 insurance.

18 ‘‘(H) HEAD START AGENCY.—At least one

19 representative from a Head Start agency or

20 program in the State.

21 ‘‘(I) CHILD CARE AGENCY.—At least one

22 representative from a State agency responsible

23 for child care.

24 ‘‘(2) OTHER MEMBERS.—The council may in25 clude other members selected by the Governor, in-
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1 cluding a representative from the Bureau of Indian

2 Affairs, or where there is no BIA-operated or BIA3 funded school, from the Indian Health Service or the

4 tribe or tribal council.

5 ‘‘(c) MEETINGS.—The council shall meet at least

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

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

8 appropriate, open and accessible to the general public.

9 ‘‘(d) MANAGEMENT AUTHORITY.—Subject to the ap10 proval of the Governor, the council may prepare and ap11 prove a budget using funds under this part to conduct

12 hearings and forums, to reimburse members of the council

13 for reasonable and necessary expenses for attending coun14 cil meetings and performing council duties (including child

15 care for parent representatives), to pay compensation to

16 a member of the council if the member is not employed

17 or must forfeit wages from other employment when per18 forming official council business, to hire staff, and to ob19 tain the services of such professional, technical, and cleri20 cal personnel as may be necessary to carry out its func21 tions under this part.

22 ‘‘(e) FUNCTIONS OF COUNCIL.—

23 ‘‘(1) DUTIES.—The council shall—

24 ‘‘(A) advise and assist the lead agency des25 ignated or established under section 635(a)(10)
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1 in the performance of the responsibilities set

2 forth in such section, particularly the identifica3 tion of the sources of fiscal and other support

4 for services for early intervention programs, as5 signment of financial responsibility to the ap6 propriate agency, and the promotion of the

7 interagency agreements;

8 ‘‘(B) advise and assist the lead agency in

9 the preparation of applications and amend10 ments thereto;

11 ‘‘(C) advise and assist the State edu12 cational agency regarding the transition of tod13 dlers with disabilities to preschool and other ap14 propriate services; and

15 ‘‘(D) prepare and submit an annual report

16 to the Governor and to the Secretary on the

17 status of early intervention programs for in18 fants and toddlers with disabilities and their

19 families operated within the State.

20 ‘‘(2) AUTHORIZED ACTIVITY.—The council may

21 advise and assist the lead agency and the State edu22 cational agency regarding the provision of appro23 priate services for children from birth through age

24 5. The council may advise appropriate agencies in

25 the State with respect to the integration of services
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1 for infants and toddlers with disabilities and at-risk

2 infants and toddlers and their families, regardless of

3 whether at-risk infants and toddlers are eligible for

4 early intervention services in the State.

5 ‘‘(f) CONFLICT OF INTEREST.—No member of the

6 council shall cast a vote on any matter that would provide

7 direct financial benefit to that member or otherwise give

8 the appearance of a conflict of interest under State law.

9 ‘‘SEC. 642. FEDERAL ADMINISTRATION.

10 ‘‘Sections 616, 617, and 618 shall, to the extent not

11 inconsistent with this part, apply to the program author12 ized by this part, except that—

13 ‘‘(1) any reference in such sections to a State

14 educational agency shall be considered to be a ref15 erence to a State’s lead agency established or des16 ignated under section 635(a)(10);

17 ‘‘(2) any reference in such sections to a local

18 educational agency, educational service agency, or a

19 State agency shall be considered to be a reference to

20 an early intervention service provider under this

21 part; and

22 ‘‘(3) any reference to the education of children

23 with disabilities or the education of all children with

24 disabilities shall be considered to be a reference to
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1 the provision of appropriate early intervention serv2 ices to infants and toddlers with disabilities.

3 ‘‘SEC. 643. ALLOCATION OF FUNDS.

4 ‘‘(a) RESERVATION OF FUNDS FOR OUTLYING

5 AREAS.—

6 ‘‘(1) IN GENERAL.—From the sums appro7 priated to carry out this part for any fiscal year, the

8 Secretary may reserve up to one percent for pay9 ments to Guam, American Samoa, the Virgin Is10 lands, and the Commonwealth of the Northern Mari11 ana Islands in accordance with their respective

12 needs.

13 ‘‘(2) CONSOLIDATION OF FUNDS.—The provi14 sions of Public Law 95–134, permitting the consoli15 dation of grants to the outlying areas, shall not

16 apply to funds those areas receive under this part.

17 ‘‘(b) PAYMENTS TO INDIANS.—

18 ‘‘(1) IN GENERAL.—The Secretary shall, sub19 ject to this subsection, make payments to the Sec20 retary of the Interior to be distributed to tribes,

21 tribal organizations (as defined under section 4 of

22 the Indian Self-Determination and Education Assist23 ance Act), or consortia of the above entities for the

24 coordination of assistance in the provision of early

25 intervention services by the States to infants and
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1 toddlers with disabilities and their families on res2 ervations served by elementary and secondary

3 schools for Indian children operated or funded by

4 the Department of the Interior. The amount of such

5 payment for any fiscal year shall be 1.25 percent of

6 the aggregate of the amount available to all States

7 under this part for such fiscal year.

8 ‘‘(2) ALLOCATION.—For each fiscal year, the

9 Secretary of the Interior shall distribute the entire

10 payment received under paragraph (1) by providing

11 to each tribe, tribal organization, or consortium an

12 amount based on the number of infants and toddlers

13 residing on the reservation, as determined annually,

14 divided by the total of such children served by all

15 tribes, tribal organizations, or consortia.

16 ‘‘(3) INFORMATION.—To receive a payment

17 under this subsection, the tribe, tribal organization,

18 or consortium shall submit such information to the

19 Secretary of the Interior as is needed to determine

20 the amounts to be distributed under paragraph (2).

21 ‘‘(4) USE OF FUNDS.—The funds received by a

22 tribe, tribal organization, or consortium shall be

23 used to assist States in child-find, screening, and

24 other procedures for the early identification of In25 dian children under 3 years of age and for parent
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1 training. Such funds may also be used to provide

2 early intervention services in accordance with this

3 part. Such activities may be carried out directly or

4 through contracts or cooperative agreements with

5 the BIA, local educational agencies, and other public

6 or private nonprofit organizations. The tribe, tribal

7 organization, or consortium is encouraged to involve

8 Indian parents in the development and implementa9 tion of these activities. The above entities shall, as

10 appropriate, make referrals to local, State, or Fed11 eral entities for the provision of services or further

12 diagnosis.

13 ‘‘(5) REPORTS.—To be eligible to receive a

14 grant under paragraph (2), a tribe, tribal organiza15 tion, or consortium shall make a biennial report to

16 the Secretary of the Interior of activities undertaken

17 under this subsection, including the number of con18 tracts and cooperative agreements entered into, the

19 number of children contacted and receiving services

20 for each year, and the estimated number of children

21 needing services during the 2 years following the

22 year in which the report is made. The Secretary of

23 the Interior shall include a summary of this informa24 tion on a biennial basis to the Secretary of Edu25 cation along with such other information as required
228

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1 under section 611(i)(3)(E). The Secretary of Edu2 cation may require any additional information from

3 the Secretary of the Interior.

4 ‘‘(6) PROHIBITED USES OF FUNDS.—None of

5 the funds under this subsection may be used by the

6 Secretary of the Interior for administrative pur7 poses, including child count, and the provision of

8 technical assistance.

9 ‘‘(c) STATE ALLOTMENTS.—

10 ‘‘(1) IN GENERAL.—Except as provided in para11 graphs (2), (3), and (4), from the funds remaining

12 for each fiscal year after the reservation and pay13 ments under subsections (a) and (b), the Secretary

14 shall first allot to each State an amount that bears

15 the same ratio to the amount of such remainder as

16 the number of infants and toddlers in the State

17 bears to the number of infants and toddlers in all

18 States.

19 ‘‘(2) MINIMUM ALLOTMENTS.—Except as pro20 vided in paragraphs (3) and (4), no State shall re21 ceive an amount under this section for any fiscal

22 year that is less than the greatest of—

23 ‘‘(A) one-half of one percent of the remain24 ing amount described in paragraph (1); or

25 ‘‘(B) $500,000.
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1 ‘‘(3) SPECIAL RULE FOR 1998 AND 1999.—

2 ‘‘(A) IN GENERAL.—Except as provided in

3 paragraph (4), no State may receive an amount

4 under this section for either fiscal year 1998 or

5 1999 that is less than the sum of the amounts

6 such State received for fiscal year 1994

7 under—

8 ‘‘(i) part H (as in effect for such fis9 cal year); and

10 ‘‘(ii) subpart 2 of part D of chapter 1

11 of title I of the Elementary and Secondary

12 Education Act of 1965 (as in effect on the

13 day before the date of the enactment of the

14 Improving America’s Schools Act of 1994)

15 for children with disabilities under 3 years

16 of age.

17 ‘‘(B) EXCEPTION.—If, for fiscal year 1998

18 or 1999, the number of infants and toddlers in

19 a State, as determined under paragraph (1), is

20 less than the number of infants and toddlers so

21 determined for fiscal year 1994, the amount de22 termined under subparagraph (A) for the State

23 shall be reduced by the same percentage by

24 which the number of such infants and toddlers

25 so declined.
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1 ‘‘(4) RATABLE REDUCTION.—

2 ‘‘(A) IN GENERAL.—If the sums made

3 available under this part for any fiscal year are

4 insufficient to pay the full amounts that all

5 States are eligible to receive under this sub6 section for such year, the Secretary shall rat7 ably reduce the allotments to such States for

8 such year.

9 ‘‘(B) ADDITIONAL FUNDS.—If additional

10 funds become available for making payments

11 under this subsection for a fiscal year, allot12 ments that were reduced under subparagraph

13 (A) shall be increased on the same basis they

14 were reduced.

15 ‘‘(5) DEFINITIONS.—For the purpose of this

16 subsection—

17 ‘‘(A) the terms ‘infants’ and ‘toddlers’

18 mean children under 3 years of age; and

19 ‘‘(B) the term ‘State’ means each of the 50

20 States, the District of Columbia, and the Com21 monwealth of Puerto Rico.

22 ‘‘(d) REALLOTMENT OF FUNDS.—If a State elects

23 not to receive its allotment under subsection (c), the Sec24 retary shall reallot, among the remaining States, amounts

25 from such State in accordance with such subsection.
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1 ‘‘SEC. 644. FEDERAL INTERAGENCY COORDINATING COUN2 CIL.

3 ‘‘(a) ESTABLISHMENT AND PURPOSE.—

4 ‘‘(1) IN GENERAL.—The Secretary shall estab5 lish a Federal Interagency Coordinating Council in

6 order to—

7 ‘‘(A) minimize duplication of programs and

8 activities across Federal, State, and local agen9 cies, relating to—

10 ‘‘(i) early intervention services for in11 fants and toddlers with disabilities (includ12 ing at-risk infants and toddlers) and their

13 families; and

14 ‘‘(ii) preschool or other appropriate

15 services for children with disabilities;

16 ‘‘(B) ensure the effective coordination of

17 Federal early intervention and preschool pro18 grams and policies across Federal agencies;

19 ‘‘(C) coordinate the provision of Federal

20 technical assistance and support activities to

21 States;

22 ‘‘(D) identify gaps in Federal agency pro23 grams and services; and

24 ‘‘(E) identify barriers to Federal inter25 agency cooperation.
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1 ‘‘(2) APPOINTMENTS.—The council established

2 under paragraph (1) (hereafter in this section re3 ferred to as the ‘‘Council’’) and the chairperson of

4 the Council shall be appointed by the Secretary in

5 consultation with other appropriate Federal agen6 cies. In making the appointments, the Secretary

7 shall ensure that each member has sufficient author8 ity to engage in policy planning and implementation

9 on behalf of the department, agency, or program

10 that the member represents.

11 ‘‘(b) COMPOSITION.—The Council shall be composed

12 of—

13 ‘‘(1) a representative of the Office of Special

14 Education Programs;

15 ‘‘(2) a representative of the National Institute

16 on Disability and Rehabilitation Research and a rep17 resentative of the Office of Educational Research

18 and Improvement;

19 ‘‘(3) a representative of the Maternal and Child

20 Health Services Block Grant Program;

21 ‘‘(4) a representative of programs administered

22 under the Developmental Disabilities Assistance and

23 Bill of Rights Act;

24 ‘‘(5) a representative of the Health Care Fi25 nancing Administration;
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1 ‘‘(6) a representative of the Division of Birth

2 Defects and Developmental Disabilities of the Cen3 ters for Disease Control;

4 ‘‘(7) a representative of the Social Security Ad5 ministration;

6 ‘‘(8) a representative of the special supple7 mental nutrition program for women, infants, and

8 children of the Department of Agriculture;

9 ‘‘(9) a representative of the National Institute

10 of Mental Health;

11 ‘‘(10) a representative of the National Institute

12 of Child Health and Human Development;

13 ‘‘(11) a representative of the Bureau of Indian

14 Affairs of the Department of the Interior;

15 ‘‘(12) a representative of the Indian Health

16 Service;

17 ‘‘(13) a representative of the Surgeon General;

18 ‘‘(14) a representative of the Department of

19 Defense;

20 ‘‘(15) a representative of the Children’s Bu21 reau, and a representative of the Head Start Bu22 reau, of the Administration for Children and Fami23 lies;

24 ‘‘(16) a representative of the Substance Abuse

25 and Mental Health Services Administration;
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1 ‘‘(17) a representative of the Pediatric AIDS

2 Health Care Demonstration Program in the Public

3 Health Service;

4 ‘‘(18) parents of children with disabilities age

5 12 or under (who shall constitute at least 20 percent

6 of the members of the Council), of whom at least

7 one must have a child with a disability under the

8 age of 6;

9 ‘‘(19) at least 2 representatives of State lead

10 agencies for early intervention services to infants

11 and toddlers, one of whom must be a representative

12 of a State educational agency and the other a rep13 resentative of a non-educational agency;

14 ‘‘(20) other members representing appropriate

15 agencies involved in the provision of, or payment for,

16 early intervention services and special education and

17 related services to infants and toddlers with disabil18 ities and their families and preschool children with

19 disabilities; and

20 ‘‘(21) other persons appointed by the Secretary.

21 ‘‘(c) MEETINGS.—The Council shall meet at least

22 quarterly and in such places as the Council deems nec23 essary. The meetings shall be publicly announced, and, to

24 the extent appropriate, open and accessible to the general

25 public.
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1 ‘‘(d) FUNCTIONS OF THE COUNCIL.—The Council

2 shall—

3 ‘‘(1) advise and assist the Secretary of Edu4 cation, the Secretary of Health and Human Services,

5 the Secretary of Defense, the Secretary of the Inte6 rior, the Secretary of Agriculture, and the Commis7 sioner of Social Security in the performance of their

8 responsibilities related to serving children from birth

9 through age 5 who are eligible for services under

10 this part or under part B;

11 ‘‘(2) conduct policy analyses of Federal pro12 grams related to the provision of early intervention

13 services and special educational and related services

14 to infants and toddlers with disabilities and their

15 families, and preschool children with disabilities, in

16 order to determine areas of conflict, overlap, duplica17 tion, or inappropriate omission;

18 ‘‘(3) identify strategies to address issues de19 scribed in paragraph (2);

20 ‘‘(4) develop and recommend joint policy memo21 randa concerning effective interagency collaboration,

22 including modifications to regulations, and the elimi23 nation of barriers to interagency programs and ac24 tivities;
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•HR 5 EH

1 ‘‘(5) coordinate technical assistance and dis2 seminate information on best practices, effective pro3 gram coordination strategies, and recommendations

4 for improved early intervention programming for in5 fants and toddlers with disabilities and their families

6 and preschool children with disabilities; and

7 ‘‘(6) facilitate activities in support of States’

8 interagency coordination efforts.

9 ‘‘(e) CONFLICT OF INTEREST.—No member of the

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

11 direct financial benefit to that member or otherwise give

12 the appearance of a conflict of interest under Federal law.

13 ‘‘(f) FEDERAL ADVISORY COMMITTEE ACT.—The

14 Federal Advisory Committee Act (5 U.S.C. App.) shall not

15 apply to the establishment or operation of the Council.

16 ‘‘SEC. 645. AUTHORIZATION OF APPROPRIATIONS.

17 ‘‘For the purpose of carrying out this part, there are

18 authorized to be appropriated $400,000,000 for fiscal year

19 1998 and such sums as may be necessary for each of the

20 fiscal years 1999 through 2002.
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1 ‘‘PART D—NATIONAL ACTIVITIES TO IMPROVE

2 EDUCATION OF CHILDREN WITH DISABILITIES

3 ‘‘Subpart 1—State Program Improvement Grants for

4 Children with Disabilities

5 ‘‘SEC. 651. FINDINGS AND PURPOSE.

6 ‘‘(a) FINDINGS.—The Congress finds the following:

7 ‘‘(1) States are responding with some success to

8 multiple pressures to improve educational and tran9 sitional services and results for children with disabil10 ities in response to growing demands imposed by

11 ever-changing factors, such as demographics, social

12 policies, and labor and economic markets.

13 ‘‘(2) In order for States to address such de14 mands and to facilitate lasting systemic change that

15 is of benefit to all students, including children with

16 disabilities, States must involve local educational

17 agencies, parents, individuals with disabilities and

18 their families, teachers and other service providers,

19 and other interested individuals and organizations in

20 carrying out comprehensive strategies to improve

21 educational results for children with disabilities.

22 ‘‘(3) Targeted Federal financial resources are

23 needed to assist States, working in partnership with

24 others, to identify and make needed changes to ad25 dress the needs of children with disabilities into the

26 next century.
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1 ‘‘(4) State educational agencies, in partnership

2 with local educational agencies and other individuals

3 and organizations, are in the best position to iden4 tify and design ways to meet emerging and expand5 ing demands to improve education for children with

6 disabilities and to address their special needs.

7 ‘‘(5) Research, demonstration, and practice over

8 the past 20 years in special education and related

9 disciplines have built a foundation of knowledge on

10 which State and local systemic-change activities can

11 now be based.

12 ‘‘(6) Such research, demonstration, and practice

13 in special education and related disciplines have

14 demonstrated that an effective educational system

15 now and in the future must—

16 ‘‘(A) maintain high academic standards

17 and clear performance goals for children with

18 disabilities, consistent with the standards and

19 expectations for all students in the educational

20 system, and provide for appropriate and effec21 tive strategies and methods to ensure that stu22 dents who are children with disabilities have

23 maximum opportunities to achieve those stand24 ards and goals;
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•HR 5 EH

1 ‘‘(B) create a system that fully addresses

2 the needs of all students, including children

3 with disabilities, by addressing the needs of

4 children with disabilities in carrying out edu5 cational reform activities;

6 ‘‘(C) clearly define, in measurable terms,

7 the school and post-school results that children

8 with disabilities are expected to achieve;

9 ‘‘(D) promote service integration, and the

10 coordination of State and local education, so11 cial, health, mental health, and other services,

12 in addressing the full range of student needs,

13 particularly the needs of children with disabil14 ities who require significant levels of support to

15 maximize their participation and learning in

16 school and the community;

17 ‘‘(E) ensure that children with disabilities

18 are provided assistance and support in making

19 transitions as described in section 674(b)(3)(C);

20 ‘‘(F) promote comprehensive programs of

21 professional development to ensure that the per22 sons responsible for the education or a transi23 tion of children with disabilities possess the

24 skills and knowledge necessary to address the

25 educational and related needs of those children;
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1 ‘‘(G) disseminate to teachers and other

2 personnel serving children with disabilities re3 search-based knowledge about successful teach4 ing practices and models and provide technical

5 assistance to local educational agencies and

6 schools on how to improve results for children

7 with disabilities;

8 ‘‘(H) create school-based disciplinary strat9 egies that will be used to reduce or eliminate

10 the need to use suspension and expulsion as

11 disciplinary options for children with disabil12 ities;

13 ‘‘(I) establish placement-neutral funding

14 formulas and cost-effective strategies for meet15 ing the needs of children with disabilities; and

16 ‘‘(J) involve individuals with disabilities

17 and parents of children with disabilities in plan18 ning, implementing, and evaluating systemic19 change activities and educational reforms.

20 ‘‘(b) PURPOSE.—The purpose of this subpart is to

21 assist State educational agencies, and their partners re22 ferred to in section 652(b), in reforming and improving

23 their systems for providing educational, early intervention,

24 and transitional services, including their systems for pro25 fessional development, technical assistance, and dissemi-
241

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1 nation of knowledge about best practices, to improve re2 sults for children with disabilities.

3 ‘‘SEC. 652. ELIGIBILITY AND COLLABORATIVE PROCESS.

4 ‘‘(a) ELIGIBLE APPLICANTS.—A State educational

5 agency may apply for a grant under this subpart for a

6 grant period of not less than 1 year and not more than

7 5 years.

8 ‘‘(b) PARTNERS.—

9 ‘‘(1) REQUIRED PARTNERS.—

10 ‘‘(A) CONTRACTUAL PARTNERS.—In order

11 to be considered for a grant under this subpart,

12 a State educational agency shall establish a

13 partnership with local educational agencies and

14 other State agencies involved in, or concerned

15 with, the education of children with disabilities.

16 ‘‘(B) OTHER PARTNERS.—In order to be

17 considered for a grant under this subpart, a

18 State educational agency shall work in partner19 ship with other persons and organizations in20 volved in, and concerned with, the education of

21 children with disabilities, including—

22 ‘‘(i) the Governor;

23 ‘‘(ii) parents of children with disabil24 ities;

25 ‘‘(iii) parents of nondisabled children;
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1 ‘‘(iv) individuals with disabilities;

2 ‘‘(v) organizations representing indi3 viduals with disabilities and their parents,

4 such as parent training and information

5 centers;

6 ‘‘(vi) community-based and other non7 profit organizations involved in the edu8 cation and employment of individuals with

9 disabilities;

10 ‘‘(vii) the lead State agency for part

11 C;

12 ‘‘(viii) general and special education

13 teachers, and early intervention personnel;

14 ‘‘(ix) the State advisory panel estab15 lished under part C;

16 ‘‘(x) the State interagency coordinat17 ing council established under part C; and

18 ‘‘(xi) institutions of higher education

19 within the State.

20 ‘‘(2) OPTIONAL PARTNERS.—A partnership

21 under subparagraph (A) or (B) of paragraph (1)

22 may also include—

23 ‘‘(A) individuals knowledgeable about voca24 tional education;
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•HR 5 EH

1 ‘‘(B) the State agency for higher edu2 cation;

3 ‘‘(C) the State vocational rehabilitation

4 agency;

5 ‘‘(D) public agencies with jurisdiction in

6 the areas of health, mental health, social serv7 ices, and juvenile justice; and

8 ‘‘(E) other individuals.

9 ‘‘SEC. 653. APPLICATIONS.

10 ‘‘(a) IN GENERAL.—

11 ‘‘(1) SUBMISSION.—A State educational agency

12 that desires to receive a grant under this subpart

13 shall submit to the Secretary an application at such

14 time, in such manner, and including such informa15 tion as the Secretary may require.

16 ‘‘(2) STATE IMPROVEMENT PLAN.—The appli17 cation shall include a State improvement plan that—

18 ‘‘(A) is integrated, to the maximum extent

19 possible, with State plans under the Elementary

20 and Secondary Education Act of 1965 and the

21 Rehabilitation Act of 1973, as appropriate; and

22 ‘‘(B) meets the requirements of this sec23 tion.

24 ‘‘(b) DETERMINING CHILD AND PROGRAM NEEDS.—
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1 ‘‘(1) IN GENERAL.—Each State improvement

2 plan shall identify those critical aspects of early

3 intervention, general education, and special edu4 cation programs (including professional development,

5 based on an assessment of State and local needs)

6 that must be improved to enable children with dis7 abilities to meet the goals established by the State

8 under section 612(a)(16).

9 ‘‘(2) REQUIRED ANALYSES.—To meet the re10 quirement of paragraph (1), the State improvement

11 plan shall include at least—

12 ‘‘(A) an analysis of all information, reason13 ably available to the State educational agency,

14 on the performance of children with disabilities

15 in the State, including—

16 ‘‘(i) their performance on State as17 sessments and other performance indica18 tors established for all children, including

19 drop-out rates and graduation rates;

20 ‘‘(ii) their participation in postsecond21 ary education and employment; and

22 ‘‘(iii) how their performance on the

23 assessments and indicators described in

24 clause (i) compares to that of non-disabled

25 children;
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1 ‘‘(B) an analysis of State and local needs

2 for professional development for personnel to

3 serve children with disabilities that includes, at

4 a minimum—

5 ‘‘(i) the number of personnel provid6 ing special education and related services;

7 and

8 ‘‘(ii) relevant information on current

9 and anticipated personnel vacancies and

10 shortages (including the number of individ11 uals described in clause (i) with temporary

12 certification), and on the extent of certifi13 cation or retraining necessary to eliminate

14 such shortages, that is based, to the maxi15 mum extent possible, on existing assess16 ments of personnel needs;

17 ‘‘(C) an analysis of the major findings of

18 the Secretary’s most recent reviews of State

19 compliance, as they relate to improving results

20 for children with disabilities; and

21 ‘‘(D) an analysis of other information, rea22 sonably available to the State, on the effective23 ness of the State’s systems of early interven24 tion, special education, and general education in

25 meeting the needs of children with disabilities.
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1 ‘‘(c) IMPROVEMENT STRATEGIES.—Each State im2 provement plan shall—

3 ‘‘(1) describe a partnership agreement that—

4 ‘‘(A) specifies—

5 ‘‘(i) the nature and extent of the part6 nership among the State educational agen7 cy, local educational agencies, and other

8 State agencies involved in, or concerned

9 with, the education of children with disabil10 ities, and the respective roles of each mem11 ber of the partnership; and

12 ‘‘(ii) how such agencies will work in

13 partnership with other persons and organi14 zations involved in, and concerned with,

15 the education of children with disabilities,

16 including the respective roles of each of

17 these persons and organizations; and

18 ‘‘(B) is in effect for the period of the

19 grant;

20 ‘‘(2) describe how grant funds will be used in

21 undertaking the systemic-change activities, and the

22 amount and nature of funds from any other sources,

23 including part B funds retained for use at the State

24 level under sections 611(f) and 619(d), that will be

25 committed to the systemic-change activities;
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1 ‘‘(3) describe the strategies the State will use to

2 address the needs identified under subsection (b), in3 cluding—

4 ‘‘(A) how the State will change State poli5 cies and procedures to address systemic barriers

6 to improving results for children with disabil7 ities;

8 ‘‘(B) how the State will hold local edu9 cational agencies and schools accountable for

10 educational progress of children with disabil11 ities;

12 ‘‘(C) how the State will provide technical

13 assistance to local educational agencies and

14 schools to improve results for children with dis15 abilities;

16 ‘‘(D) how the State will address the identi17 fied needs for in-service and pre-service prepa18 ration to ensure that all personnel who work

19 with children with disabilities (including both

20 professional and paraprofessional personnel who

21 provide special education, general education, re22 lated services, or early intervention services)

23 have the skills and knowledge necessary to meet

24 the needs of children with disabilities, including

25 a description of how—
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1 ‘‘(i) the State will prepare general and

2 special education personnel with the con3 tent knowledge and collaborative skills

4 needed to meet the needs of children with

5 disabilities, including how the State will

6 work with other States on common certifi7 cation criteria;

8 ‘‘(ii) the State will prepare profes9 sionals and paraprofessionals in the area of

10 early intervention with the content knowl11 edge and collaborative skills needed to

12 meet the needs of infants and toddlers

13 with disabilities;

14 ‘‘(iii) the State will work with institu15 tions of higher education and other entities

16 that (on both a pre-service and an in-serv17 ice basis) prepare personnel who work with

18 children with disabilities to ensure that

19 those institutions and entities develop the

20 capacity to support quality professional de21 velopment programs that meet State and

22 local needs;

23 ‘‘(iv) the State will work to develop

24 collaborative agreements with other States

25 for the joint support and development of
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1 programs to prepare personnel for which

2 there is not sufficient demand within a sin3 gle State to justify support or development

4 of such a program of preparation;

5 ‘‘(v) the State will work in collabora6 tion with other States, particularly neigh7 boring States, to address the lack of uni8 formity and reciprocity in the credentialing

9 of teachers and other personnel;

10 ‘‘(vi) the State will enhance the ability

11 of teachers and others to use strategies,

12 such as behavioral interventions, to ad13 dress the conduct of children with disabil14 ities that impedes the learning of children

15 with disabilities and others;

16 ‘‘(vii) the State will acquire and dis17 seminate, to teachers, administrators,

18 school board members, and related services

19 personnel, significant knowledge derived

20 from educational research and other

21 sources, and how the State will, when ap22 propriate, adopt promising practices, mate23 rials, and technology;

24 ‘‘(viii) the State will recruit, prepare,

25 and retain qualified personnel, including
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1 personnel with disabilities and personnel

2 from groups that are underrepresented in

3 the fields of regular education, special edu4 cation, and related services;

5 ‘‘(ix) the plan is integrated, to the

6 maximum extent possible, with other pro7 fessional development plans and activities,

8 including plans and activities developed

9 and carried out under other Federal and

10 State laws that address personnel recruit11 ment and training; and

12 ‘‘(x) the State will provide for the

13 joint training of parents and special edu14 cation, related services, and general edu15 cation personnel;

16 ‘‘(E) strategies that will address systemic

17 problems identified in Federal compliance re18 views, including shortages of qualified person19 nel;

20 ‘‘(F) how the State will disseminate results

21 of the local capacity-building and improvement

22 projects funded under section 611(f)(4);

23 ‘‘(G) how the State will address improving

24 results for children with disabilities in the geo25 graphic areas of greatest need; and
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1 ‘‘(H) how the State will assess, on a regu2 lar basis, the extent to which the strategies im3 plemented under this subpart have been effec4 tive; and

5 ‘‘(4) describe how the improvement strategies

6 described in paragraph (3) will be coordinated with

7 public and private sector resources.

8 ‘‘(d) COMPETITIVE AWARDS.—

9 ‘‘(1) IN GENERAL.—The Secretary shall make

10 grants under this subpart on a competitive basis.

11 ‘‘(2) PRIORITY.—The Secretary may give prior12 ity to applications on the basis of need, as indicated

13 by such information as the findings of Federal com14 pliance reviews.

15 ‘‘(e) PEER REVIEW.—

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

17 panel of experts who are competent, by virtue of

18 their training, expertise, or experience, to evaluate

19 applications under this subpart.

20 ‘‘(2) COMPOSITION OF PANEL.—A majority of a

21 panel described in paragraph (1) shall be composed

22 of individuals who are not employees of the Federal

23 Government.

24 ‘‘(3) PAYMENT OF FEES AND EXPENSES OF

25 CERTAIN MEMBERS.—The Secretary may use avail-
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1 able funds appropriated to carry out this subpart to

2 pay the expenses and fees of panel members who are

3 not employees of the Federal Government.

4 ‘‘(f) REPORTING PROCEDURES.—Each State edu5 cational agency that receives a grant under this subpart

6 shall submit performance reports to the Secretary pursu7 ant to a schedule to be determined by the Secretary, but

8 not more frequently than annually. The reports shall de9 scribe the progress of the State in meeting the perform10 ance goals established under section 612(a)(16), analyze

11 the effectiveness of the State’s strategies in meeting those

12 goals, and identify any changes in the strategies needed

13 to improve its performance.

14 ‘‘SEC. 654. USE OF FUNDS.

15 ‘‘(a) IN GENERAL.—

16 ‘‘(1) ACTIVITIES.—A State educational agency

17 that receives a grant under this subpart may use the

18 grant to carry out any activities that are described

19 in the State’s application and that are consistent

20 with the purpose of this subpart.

21 ‘‘(2) CONTRACTS AND SUBGRANTS.—Each such

22 State educational agency—

23 ‘‘(A) shall, consistent with its partnership

24 agreement under section 652(b), award con25 tracts or subgrants to local educational agen-
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1 cies, institutions of higher education, and par2 ent training and information centers, as appro3 priate, to carry out its State improvement plan

4 under this subpart; and

5 ‘‘(B) may award contracts and subgrants

6 to other public and private entities, including

7 the lead agency under part C, to carry out such

8 plan.

9 ‘‘(b) USE OF FUNDS FOR PROFESSIONAL DEVELOP10 MENT.—A State educational agency that receives a grant

11 under this subpart—

12 ‘‘(1) shall use not less than 75 percent of the

13 funds it receives under the grant for any fiscal

14 year—

15 ‘‘(A) to ensure that there are sufficient

16 regular education, special education, and relat17 ed services personnel who have the skills and

18 knowledge necessary to meet the needs of chil19 dren with disabilities and developmental goals

20 of young children; or

21 ‘‘(B) to work with other States on common

22 certification criteria; or

23 ‘‘(2) shall use not less than 50 percent of such

24 funds for such purposes, if the State demonstrates
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1 to the Secretary’s satisfaction that it has the person2 nel described in paragraph (1)(A).

3 ‘‘(c) GRANTS TO OUTLYING AREAS.—Public Law 95–

4 134, permitting the consolidation of grants to the outlying

5 areas, shall not apply to funds received under this subpart.

6 ‘‘SEC. 655. MINIMUM STATE GRANT AMOUNTS.

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

8 grant to each State educational agency whose application

9 the Secretary has selected for funding under this subpart

10 in an amount for each fiscal year that is—

11 ‘‘(1) not less than $500,000, nor more than

12 $2,000,000, in the case of the 50 States, the Dis13 trict of Columbia, and the Commonwealth of Puerto

14 Rico; and

15 ‘‘(2) not less than $80,000, in the case of an

16 outlying area.

17 ‘‘(b) INFLATION ADJUSTMENT.—Beginning with fis18 cal year 1999, the Secretary may increase the maximum

19 amount described in subsection (a)(1) to account for infla20 tion.

21 ‘‘(c) FACTORS.—The Secretary shall set the amount

22 of each grant under subsection (a) after considering—

23 ‘‘(1) the amount of funds available for making

24 the grants;
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1 ‘‘(2) the relative population of the State or out2 lying area; and

3 ‘‘(3) the types of activities proposed by the

4 State or outlying area.

5 ‘‘SEC. 656. AUTHORIZATION OF APPROPRIATIONS.

6 ‘‘There are authorized to be appropriated to carry out

7 this subpart such sums as may be necessary for each of

8 the fiscal years 1998 through 2002.

9 ‘‘Subpart 2—Coordinated Research, Personnel Prepa10 ration, Technical Assistance, Support, and Dis11 semination of Information

12 ‘‘SEC. 661. ADMINISTRATIVE PROVISIONS.

13 ‘‘(a) COMPREHENSIVE PLAN.—

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

15 and implement a comprehensive plan for activities

16 carried out under this subpart in order to enhance

17 the provision of educational, related, transitional,

18 and early intervention services to children with dis19 abilities under parts B and C. The plan shall include

20 mechanisms to address educational, related services,

21 transitional, and early intervention needs identified

22 by State educational agencies in applications submit23 ted for State program improvement grants under

24 subpart 1.
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1 ‘‘(2) PARTICIPANTS IN PLAN DEVELOPMENT.—

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

3 the Secretary shall consult with—

4 ‘‘(A) individuals with disabilities;

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

6 ‘‘(C) appropriate professionals; and

7 ‘‘(D) representatives of State and local

8 educational agencies, private schools, institu9 tions of higher education, other Federal agen10 cies, the National Council on Disability, and na11 tional organizations with an interest in, and ex12 pertise in, providing services to children with

13 disabilities and their families.

14 ‘‘(3) PUBLIC COMMENT.—The Secretary shall

15 take public comment on the plan.

16 ‘‘(4) DISTRIBUTION OF FUNDS.—In implement17 ing the plan, the Secretary shall, to the extent ap18 propriate, ensure that funds are awarded to recipi19 ents under this subpart to carry out activities that

20 benefit, directly or indirectly, children with disabil21 ities of all ages.

22 ‘‘(5) REPORTS TO CONGRESS.—The Secretary

23 shall periodically report to the Congress on the Sec24 retary’s activities under this subsection, including an

25 initial report not later than the date that is 18
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1 months after the date of the enactment of the Indi2 viduals with Disabilities Act Amendments of 1997.

3 ‘‘(b) ELIGIBLE APPLICANTS.—

4 ‘‘(1) IN GENERAL.—Except as otherwise pro5 vided in this subpart, the following entities are eligi6 ble to apply for a grant, contract, or cooperative

7 agreement under this subpart:

8 ‘‘(A) A State educational agency.

9 ‘‘(B) A local educational agency.

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

11 ‘‘(D) Any other public agency.

12 ‘‘(E) A private nonprofit organization.

13 ‘‘(F) An outlying area.

14 ‘‘(G) An Indian tribe or a tribal organiza15 tion (as defined under section 4 of the Indian

16 Self-Determination and Education Assistance

17 Act).

18 ‘‘(H) A for-profit organization, if the Sec19 retary finds it appropriate in light of the pur20 poses of a particular competition for a grant,

21 contract, or cooperative agreement under this

22 subpart.

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

24 the entities eligible for an award of a grant, con25 tract, or cooperative agreement to one or more cat-
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1 egories of eligible entities described in paragraph

2 (1).

3 ‘‘(c) USE OF FUNDS BY SECRETARY.—Notwithstand4 ing any other provision of law, and in addition to any au5 thority granted the Secretary under chapter 1 or chapter

6 2, the Secretary may use up to 20 percent of the funds

7 available under either chapter 1 or chapter 2 for any fiscal

8 year to carry out any activity, or combination of activities,

9 subject to such conditions as the Secretary determines are

10 appropriate effectively to carry out the purposes of such

11 chapters, that—

12 ‘‘(A) is consistent with the purposes of

13 chapter 1, chapter 2, or both; and

14 ‘‘(B) involves—

15 ‘‘(i) research;

16 ‘‘(ii) personnel preparation;

17 ‘‘(iii) parent training and information;

18 ‘‘(iv) technical assistance and dissemi19 nation;

20 ‘‘(v) technology development, dem21 onstration, and utilization; or

22 ‘‘(vi) media services.

23 ‘‘(d) SPECIAL POPULATIONS.—

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

25 an award of a grant, contract, or cooperative agree-
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1 ment under this subpart, the Secretary shall, as ap2 propriate, require an applicant to demonstrate how

3 the applicant will address the needs of children with

4 disabilities from minority backgrounds.

5 ‘‘(2) OUTREACH AND TECHNICAL ASSIST6 ANCE.—

7 ‘‘(A) REQUIREMENT.—Notwithstanding

8 any other provision of this Act, the Secretary

9 shall ensure that at least one percent of the

10 total amount of funds appropriated to carry out

11 this subpart is used for either or both of the

12 following activities:

13 ‘‘(i) To provide outreach and technical

14 assistance to Historically Black Colleges

15 and Universities, and to institutions of

16 higher education with minority enrollments

17 of at least 25 percent, to promote the par18 ticipation of such colleges, universities, and

19 institutions in activities under this subpart.

20 ‘‘(ii) To enable Historically Black Col21 leges and Universities, and the institutions

22 described in clause (i), to assist other col23 leges, universities, institutions, and agen24 cies in improving educational and transi25 tional results for children with disabilities.
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1 ‘‘(B) RESERVATION OF FUNDS.—The Sec2 retary may reserve funds appropriated under

3 this subpart to satisfy the requirement of sub4 paragraph (A).

5 ‘‘(e) PRIORITIES.—

6 ‘‘(1) IN GENERAL.—Except as otherwise explic7 itly authorized in this subpart, the Secretary shall

8 ensure that a grant, contract, or cooperative agree9 ment under chapter 1 or 2 is awarded only—

10 ‘‘(A) for activities that are designed to

11 benefit children with disabilities, their families,

12 or the personnel employed to work with such

13 children or their families; or

14 ‘‘(B) to benefit other individuals with dis15 abilities that such chapter is intended to bene16 fit.

17 ‘‘(2) PRIORITY FOR PARTICULAR ACTIVITIES.—

18 Subject to paragraph (1), the Secretary, in making

19 an award of a grant, contract, or cooperative agree20 ment under this subpart, may, without regard to the

21 rule making procedures under section 553 of title 5,

22 United States Code, limit competitions to, or other23 wise give priority to—

24 ‘‘(A) projects that address one or more—

25 ‘‘(i) age ranges;
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1 ‘‘(ii) disabilities;

2 ‘‘(iii) school grades;

3 ‘‘(iv) types of educational placements

4 or early intervention environments;

5 ‘‘(v) types of services;

6 ‘‘(vi) content areas, such as reading;

7 or

8 ‘‘(vii) effective strategies for helping

9 children with disabilities learn appropriate

10 behavior in the school and other commu11 nity-based educational settings;

12 ‘‘(B) projects that address the needs of

13 children based on the severity of their disability;

14 ‘‘(C) projects that address the needs of—

15 ‘‘(i) low-achieving students;

16 ‘‘(ii) underserved populations;

17 ‘‘(iii) children from low-income fami18 lies;

19 ‘‘(iv) children with limited English

20 proficiency;

21 ‘‘(v) unserved and underserved areas;

22 ‘‘(vi) particular types of geographic

23 areas; or

24 ‘‘(vii) children whose behavior inter25 feres with their learning and socialization;
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•HR 5 EH

1 ‘‘(D) projects to reduce inappropriate iden2 tification of children as children with disabil3 ities, particularly among minority children;

4 ‘‘(E) projects that are carried out in par5 ticular areas of the country, to ensure broad ge6 ographic coverage; and

7 ‘‘(F) any activity that is expressly author8 ized in chapter 1 or 2.

9 ‘‘(f) APPLICANT AND RECIPIENT RESPONSIBIL10 ITIES.—

11 ‘‘(1) DEVELOPMENT AND ASSESSMENT OF

12 PROJECTS.—The Secretary shall require that an ap13 plicant for, and a recipient of, a grant, contract, or

14 cooperative agreement for a project under this sub15 part—

16 ‘‘(A) involve individuals with disabilities or

17 parents of individuals with disabilities in plan18 ning, implementing, and evaluating the project;

19 and

20 ‘‘(B) where appropriate, determine whether

21 the project has any potential for replication and

22 adoption by other entities.

23 ‘‘(2) ADDITIONAL RESPONSIBILITIES.—The

24 Secretary may require a recipient of a grant, con-
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1 tract, or cooperative agreement for a project under

2 this subpart—

3 ‘‘(A) to share in the cost of the project;

4 ‘‘(B) to prepare the research and evalua5 tion findings and products from the project in

6 formats that are useful for specific audiences,

7 including parents, administrators, teachers,

8 early intervention personnel, related services

9 personnel, and individuals with disabilities;

10 ‘‘(C) to disseminate such findings and

11 products; and

12 ‘‘(D) to collaborate with other such recipi13 ents in carrying out subparagraphs (B) and

14 (C).

15 ‘‘(g) APPLICATION MANAGEMENT.—

16 ‘‘(1) STANDING PANEL.—

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

18 establish and use a standing panel of experts

19 who are competent, by virtue of their training,

20 expertise, or experience, to evaluate applications

21 under this subpart that, individually, request

22 more than $75,000 per year in Federal finan23 cial assistance.

24 ‘‘(B) MEMBERSHIP.—The standing panel

25 shall include, at a minimum—
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1 ‘‘(i) individuals who are representa2 tives of institutions of higher education

3 that plan, develop, and carry out programs

4 of personnel preparation;

5 ‘‘(ii) individuals who design and carry

6 out programs of research targeted to the

7 improvement of special education programs

8 and services;

9 ‘‘(iii) individuals who have recognized

10 experience and knowledge necessary to in11 tegrate and apply research findings to im12 prove educational and transitional results

13 for children with disabilities;

14 ‘‘(iv) individuals who administer pro15 grams at the State or local level in which

16 children with disabilities participate;

17 ‘‘(v) individuals who prepare parents

18 of children with disabilities to participate

19 in making decisions about the education of

20 their children;

21 ‘‘(vi) individuals who establish policies

22 that affect the delivery of services to chil23 dren with disabilities;

24 ‘‘(vii) individuals who are parents of

25 children with disabilities who are benefit-
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1 ing, or have benefited, from coordinated

2 research, personnel preparation, and tech3 nical assistance; and

4 ‘‘(viii) individuals with disabilities.

5 ‘‘(C) TRAINING.—The Secretary shall pro6 vide training to the individuals who are selected

7 as members of the standing panel under this

8 paragraph.

9 ‘‘(D) TERM.—No individual shall serve on

10 the standing panel for more than 3 consecutive

11 years, unless the Secretary determines that the

12 individual’s continued participation is necessary

13 for the sound administration of this subpart.

14 ‘‘(2) PEER-REVIEW PANELS FOR PARTICULAR

15 COMPETITIONS.—

16 ‘‘(A) COMPOSITION.—The Secretary shall

17 ensure that each sub-panel selected from the

18 standing panel that reviews applications under

19 this subpart includes—

20 ‘‘(i) individuals with knowledge and

21 expertise on the issues addressed by the

22 activities authorized by the subpart; and

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

24 of children with disabilities, individuals
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1 with disabilities, and persons from diverse

2 backgrounds.

3 ‘‘(B) FEDERAL EMPLOYMENT LIMITA4 TION.—A majority of the individuals on each

5 sub-panel that reviews an application under this

6 subpart shall be individuals who are not em7 ployees of the Federal Government.

8 ‘‘(3) USE OF DISCRETIONARY FUNDS FOR AD9 MINISTRATIVE PURPOSES.—

10 ‘‘(A) EXPENSES AND FEES OF NON-FED11 ERAL PANEL MEMBERS.—The Secretary may

12 use funds available under this subpart to pay

13 the expenses and fees of the panel members

14 who are not officers or employees of the Fed15 eral Government.

16 ‘‘(B) ADMINISTRATIVE SUPPORT.—The

17 Secretary may use not more than 1 percent of

18 the funds appropriated to carry out this sub19 part to pay non-Federal entities for administra20 tive support related to management of applica21 tions submitted under this subpart.

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

23 use funds available under this subpart to pay

24 the expenses of Federal employees to conduct

25 on-site monitoring of projects receiving
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1 $500,000 or more for any fiscal year under this

2 subpart.

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

4 use funds appropriated to carry out this subpart to evalu5 ate activities carried out under the subpart.

6 ‘‘(i) MINIMUM FUNDING REQUIRED.—

7 ‘‘(1) IN GENERAL.—Subject to paragraph (2),

8 the Secretary shall ensure that, for each fiscal year,

9 at least the following amounts are provided under

10 this subpart to address the following needs:

11 ‘‘(A) $12,832,000 to address the edu12 cational, related services, transitional, and early

13 intervention needs of children with deaf-blind14 ness.

15 ‘‘(B) $4,000,000 to address the post16 secondary, vocational, technical, continuing, and

17 adult education needs of individuals with deaf18 ness.

19 ‘‘(C) $4,000,000 to address the edu20 cational, related services, and transitional needs

21 of children with an emotional disturbance and

22 those who are at risk of developing an emo23 tional disturbance.

24 ‘‘(2) RATABLE REDUCTION.—If the total

25 amount appropriated to carry out sections 672, 673,
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1 and 685 for any fiscal year is less than

2 $130,000,000, the amounts listed in paragraph (1)

3 shall be ratably reduced.

4 ‘‘(j) ELIGIBILITY FOR FINANCIAL ASSISTANCE.—Ef5 fective for fiscal years for which the Secretary may make

6 grants under section 619(b), no State or local educational

7 agency or educational service agency or other public insti8 tution or agency may receive a grant under this subpart

9 which relates exclusively to programs, projects, and activi10 ties pertaining to children aged three to five, inclusive, un11 less the State is eligible to receive a grant under section

12 619(b).

13 ‘‘Chapter 1—Improving Early Intervention, Edu14 cational, and Transitional Services and Results

15 for Children with Disabilities through Coordi16 nated Research and Personnel Preparation

17 ‘‘SEC. 671. FINDINGS AND PURPOSE.

18 ‘‘(a) FINDINGS.—The Congress finds the following:

19 ‘‘(1) The Federal Government has an ongoing

20 obligation to support programs, projects, and activi21 ties that contribute to positive results for children

22 with disabilities, enabling them—

23 ‘‘(A) to meet their early intervention, edu24 cational, and transitional goals and, to the max-
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•HR 5 EH

1 imum extent possible, educational standards

2 that have been established for all children; and

3 ‘‘(B) to acquire the skills that will em4 power them to lead productive and independent

5 adult lives.

6 ‘‘(2)(A) As a result of more than 20 years of

7 Federal support for research, demonstration

8 projects, and personnel preparation, there is an im9 portant knowledge base for improving results for

10 children with disabilities.

11 ‘‘(B) Such knowledge should be used by States

12 and local educational agencies to design and imple13 ment state-of-the-art educational systems that con14 sider the needs of, and include, children with disabil15 ities, especially in environments in which they can

16 learn along with their peers and achieve results

17 measured by the same standards as the results of

18 their peers.

19 ‘‘(3)(A) Continued Federal support is essential

20 for the development and maintenance of a coordi21 nated and high-quality program of research, dem22 onstration projects, dissemination of information,

23 and personnel preparation.

24 ‘‘(B) Such support—
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1 ‘‘(i) enables State educational agencies and

2 local educational agencies to improve their edu3 cational systems and results for children with

4 disabilities;

5 ‘‘(ii) enables State and local agencies to

6 improve early intervention services and results

7 for infants and toddlers with disabilities and

8 their families; and

9 ‘‘(iii) enhances the opportunities for gen10 eral and special education personnel, related

11 services personnel, parents, and paraprofes12 sionals to participate in pre-service and in-serv13 ice training, to collaborate, and to improve re14 sults for children with disabilities and their

15 families.

16 ‘‘(4) The Federal Government plays a critical

17 role in facilitating the availability of an adequate

18 number of qualified personnel—

19 ‘‘(A) to serve effectively the over 5,000,000

20 children with disabilities;

21 ‘‘(B) to assume leadership positions in ad22 ministrative and direct-service capacities related

23 to teacher training and research concerning the

24 provision of early intervention services, special

25 education, and related services; and
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•HR 5 EH

1 ‘‘(C) to work with children with low-inci2 dence disabilities and their families.

3 ‘‘(5) The Federal Government performs the role

4 described in paragraph (4)—

5 ‘‘(A) by supporting models of personnel de6 velopment that reflect successful practice, in7 cluding strategies for recruiting, preparing, and

8 retaining personnel;

9 ‘‘(B) by promoting the coordination and

10 integration of—

11 ‘‘(i) personnel-development activities

12 for teachers of children with disabilities;

13 and

14 ‘‘(ii) other personnel-development ac15 tivities supported under Federal law, in16 cluding this chapter;

17 ‘‘(C) by supporting the development and

18 dissemination of information about teaching

19 standards; and

20 ‘‘(D) by promoting the coordination and

21 integration of personnel-development activities

22 through linkage with systemic-change activities

23 within States and nationally.

24 ‘‘(b) PURPOSE.—The purpose of this chapter is to

25 provide Federal funding for coordinated research, dem-
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1 onstration projects, outreach, and personnel-preparation

2 activities that—

3 ‘‘(1) are described in sections 672 through 674;

4 ‘‘(2) are linked with, and promote, systemic

5 change; and

6 ‘‘(3) improve early intervention, educational,

7 and transitional results for children with disabilities.

8 ‘‘SEC. 672. RESEARCH AND INNOVATION TO IMPROVE SERV9 ICES AND RESULTS FOR CHILDREN WITH DIS10 ABILITIES.

11 ‘‘(a) IN GENERAL.—The Secretary shall make com12 petitive grants to, or enter into contracts or cooperative

13 agreements with, eligible entities to produce, and advance

14 the use of, knowledge—

15 ‘‘(1) to improve—

16 ‘‘(A) services provided under this Act, in17 cluding the practices of professionals and others

18 involved in providing such services to children

19 with disabilities; and

20 ‘‘(B) educational results for children with

21 disabilities;

22 ‘‘(2) to address the special needs of preschool23 aged children and infants and toddlers with disabil24 ities, including infants and toddlers who would be at

25 risk of having substantial developmental delays if
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1 early intervention services were not provided to

2 them;

3 ‘‘(3) to address the specific problems of over4 identification and under-identification of children

5 with disabilities;

6 ‘‘(4) to develop and implement effective strate7 gies for addressing inappropriate behavior of stu8 dents with disabilities in schools, including strategies

9 to prevent children with emotional and behavioral

10 problems from developing emotional disturbances

11 that require the provision of special education and

12 related services;

13 ‘‘(5) to improve secondary and postsecondary

14 education and transitional services for children with

15 disabilities; and

16 ‘‘(6) to address the range of special education,

17 related services, and early intervention needs of chil18 dren with disabilities who need significant levels of

19 support to maximize their participation and learning

20 in school and in the community.

21 ‘‘(b) NEW KNOWLEDGE PRODUCTION; AUTHORIZED

22 ACTIVITIES.—

23 ‘‘(1) IN GENERAL.—In carrying out this sec24 tion, the Secretary shall support activities, consistent
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1 with the objectives described in subsection (a), that

2 lead to the production of new knowledge.

3 ‘‘(2) AUTHORIZED ACTIVITIES.—Activities that

4 may be carried out under this subsection include ac5 tivities such as the following:

6 ‘‘(A) Expanding understanding of the rela7 tionships between learning characteristics of

8 children with disabilities and the diverse ethnic,

9 cultural, linguistic, social, and economic back10 grounds of children with disabilities and their

11 families.

12 ‘‘(B) Developing or identifying innovative,

13 effective, and efficient curricula designs, in14 structional approaches, and strategies, and de15 veloping or identifying positive academic and

16 social learning opportunities, that—

17 ‘‘(i) enable children with disabilities to

18 make effective transitions described in sec19 tion 674(b)(3)(C) or transitions between

20 educational settings; and

21 ‘‘(ii) improve educational and transi22 tional results for children with disabilities

23 at all levels of the educational system in

24 which the activities are carried out and, in

25 particular, that improve the progress of the
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1 children, as measured by assessments with2 in the general education curriculum in3 volved.

4 ‘‘(C) Advancing the design of assessment

5 tools and procedures that will accurately and ef6 ficiently determine the special instructional,

7 learning, and behavioral needs of children with

8 disabilities, especially within the context of gen9 eral education.

10 ‘‘(D) Studying and promoting improved

11 alignment and compatibility of general and spe12 cial education reforms concerned with curricular

13 and instructional reform, evaluation and ac14 countability of such reforms, and administrative

15 procedures.

16 ‘‘(E) Advancing the design, development,

17 and integration of technology, assistive tech18 nology devices, media, and materials, to im19 prove early intervention, educational, and tran20 sitional services and results for children with

21 disabilities.

22 ‘‘(F) Improving designs, processes, and re23 sults of personnel preparation for personnel

24 who provide services to children with disabilities
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1 through the acquisition of information on, and

2 implementation of, research-based practices.

3 ‘‘(G) Advancing knowledge about the co4 ordination of education with health and social

5 services.

6 ‘‘(H) Producing information on the long7 term impact of early intervention and education

8 on results for individuals with disabilities

9 through large-scale longitudinal studies.

10 ‘‘(c) INTEGRATION OF RESEARCH AND PRACTICE;

11 AUTHORIZED ACTIVITIES.—

12 ‘‘(1) IN GENERAL.—In carrying out this sec13 tion, the Secretary shall support activities, consistent

14 with the objectives described in subsection (a), that

15 integrate research and practice, including activities

16 that support State systemic-change and local capac17 ity-building and improvement efforts.

18 ‘‘(2) AUTHORIZED ACTIVITIES.—Activities that

19 may be carried out under this subsection include ac20 tivities such as the following:

21 ‘‘(A) Model demonstration projects to

22 apply and test research findings in typical serv23 ice settings to determine the usability, effective24 ness, and general applicability of such research

25 findings in such areas as improving instruc-
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1 tional methods, curricula, and tools, such as

2 textbooks and media.

3 ‘‘(B) Demonstrating and applying re4 search-based findings to facilitate systemic

5 changes, related to the provision of services to

6 children with disabilities, in policy, procedure,

7 practice, and the training and use of personnel.

8 ‘‘(C) Promoting and demonstrating the co9 ordination of early intervention and educational

10 services for children with disabilities with serv11 ices provided by health, rehabilitation, and so12 cial service agencies.

13 ‘‘(D) Identifying and disseminating solu14 tions that overcome systemic barriers to the ef15 fective and efficient delivery of early interven16 tion, educational, and transitional services to

17 children with disabilities.

18 ‘‘(d) IMPROVING THE USE OF PROFESSIONAL

19 KNOWLEDGE; AUTHORIZED ACTIVITIES.—

20 ‘‘(1) IN GENERAL.—In carrying out this sec21 tion, the Secretary shall support activities, consistent

22 with the objectives described in subsection (a), that

23 improve the use of professional knowledge, including

24 activities that support State systemic-change and

25 local capacity-building and improvement efforts.
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1 ‘‘(2) AUTHORIZED ACTIVITIES.—Activities that

2 may be carried out under this subsection include ac3 tivities such as the following:

4 ‘‘(A) Synthesizing useful research and

5 other information relating to the provision of

6 services to children with disabilities, including

7 effective practices.

8 ‘‘(B) Analyzing professional knowledge

9 bases to advance an understanding of the rela10 tionships, and the effectiveness of practices, re11 lating to the provision of services to children

12 with disabilities.

13 ‘‘(C) Ensuring that research and related

14 products are in appropriate formats for dis15 tribution to teachers, parents, and individuals

16 with disabilities.

17 ‘‘(D) Enabling professionals, parents of

18 children with disabilities, and other persons, to

19 learn about, and implement, the findings of re20 search, and successful practices developed in

21 model demonstration projects, relating to the

22 provision of services to children with disabil23 ities.

24 ‘‘(E) Conducting outreach, and disseminat25 ing information relating to successful ap-
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1 proaches to overcoming systemic barriers to the

2 effective and efficient delivery of early interven3 tion, educational, and transitional services, to

4 personnel who provide services to children with

5 disabilities.

6 ‘‘(e) BALANCE AMONG ACTIVITIES AND AGE

7 RANGES.—In carrying out this section, the Secretary shall

8 ensure that there is an appropriate balance—

9 ‘‘(1) among knowledge production, integration

10 of research and practice, and use of professional

11 knowledge; and

12 ‘‘(2) across all age ranges of children with dis13 abilities.

14 ‘‘(f) APPLICATIONS.—An eligible entity that wishes

15 to receive a grant, or enter into a contract or cooperative

16 agreement, under this section shall submit an application

17 to the Secretary at such time, in such manner, and con18 taining such information as the Secretary may require.

19 ‘‘(g) AUTHORIZATION OF APPROPRIATIONS.—There

20 are authorized to be appropriated to carry out this section

21 such sums as may be necessary for each of the fiscal years

22 1998 through 2002.
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1 ‘‘SEC. 673. PERSONNEL PREPARATION TO IMPROVE SERV2 ICES AND RESULTS FOR CHILDREN WITH DIS3 ABILITIES.

4 ‘‘(a) IN GENERAL.—The Secretary shall, on a com5 petitive basis, make grants to, or enter into contracts or

6 cooperative agreements with, eligible entities—

7 ‘‘(1) to help address State-identified needs for

8 qualified personnel in special education, related serv9 ices, early intervention, and regular education, to

10 work with children with disabilities; and

11 ‘‘(2) to ensure that those personnel have the

12 skills and knowledge, derived from practices that

13 have been determined, through research and experi14 ence, to be successful, that are needed to serve those

15 children.

16 ‘‘(b) LOW-INCIDENCE DISABILITIES; AUTHORIZED

17 ACTIVITIES.—

18 ‘‘(1) IN GENERAL.—In carrying out this sec19 tion, the Secretary shall support activities, consistent

20 with the objectives described in subsection (a), that

21 benefit children with low-incidence disabilities.

22 ‘‘(2) AUTHORIZED ACTIVITIES.—Activities that

23 may be carried out under this subsection include ac24 tivities such as the following:

25 ‘‘(A) Preparing persons who—
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1 ‘‘(i) have prior training in educational

2 and other related service fields; and

3 ‘‘(ii) are studying to obtain degrees,

4 certificates, or licensure that will enable

5 them to assist children with disabilities to

6 achieve the objectives set out in their indi7 vidualized education programs described in

8 section 614(d), or to assist infants and

9 toddlers with disabilities to achieve the

10 outcomes described in their individualized

11 family service plans described in section

12 636.

13 ‘‘(B) Providing personnel from various dis14 ciplines with interdisciplinary training that will

15 contribute to improvement in early intervention,

16 educational, and transitional results for children

17 with disabilities.

18 ‘‘(C) Preparing personnel in the innovative

19 uses and application of technology to enhance

20 learning by children with disabilities through

21 early intervention, educational, and transitional

22 services.

23 ‘‘(D) Preparing personnel who provide

24 services to visually impaired or blind children to
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1 teach and use Braille in the provision of serv2 ices to such children.

3 ‘‘(E) Preparing personnel to be qualified

4 educational interpreters, to assist children with

5 disabilities, particularly deaf and hard-of-hear6 ing children in school and school-related activi7 ties and deaf and hard-of-hearing infants and

8 toddlers and preschool children in early inter9 vention and preschool programs.

10 ‘‘(F) Preparing personnel who provide

11 services to children with significant cognitive

12 disabilities and children with multiple disabil13 ities.

14 ‘‘(3) DEFINITION.—As used in this section, the

15 term ‘low-incidence disability’ means—

16 ‘‘(A) a visual or hearing impairment, or si17 multaneous visual and hearing impairments;

18 ‘‘(B) a significant cognitive impairment; or

19 ‘‘(C) any impairment for which a small

20 number of personnel with highly specialized

21 skills and knowledge are needed in order for

22 children with that impairment to receive early

23 intervention services or a free appropriate pub24 lic education.
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1 ‘‘(4) SELECTION OF RECIPIENTS.—In selecting

2 recipients under this subsection, the Secretary may

3 give preference to applications that propose to pre4 pare personnel in more than one low-incidence dis5 ability, such as deafness and blindness.

6 ‘‘(5) PREPARATION IN USE OF BRAILLE.—The

7 Secretary shall ensure that all recipients of assist8 ance under this subsection who will use that assist9 ance to prepare personnel to provide services to vis10 ually impaired or blind children that can appro11 priately be provided in Braille will prepare those in12 dividuals to provide those services in Braille.

13 ‘‘(c) LEADERSHIP PREPARATION; AUTHORIZED AC14 TIVITIES.—

15 ‘‘(1) IN GENERAL.—In carrying out this sec16 tion, the Secretary shall support leadership prepara17 tion activities that are consistent with the objectives

18 described in subsection (a).

19 ‘‘(2) AUTHORIZED ACTIVITIES.—Activities that

20 may be carried out under this subsection include ac21 tivities such as the following:

22 ‘‘(A) Preparing personnel at the advanced

23 graduate, doctoral, and postdoctoral levels of

24 training to administer, enhance, or provide

25 services for children with disabilities.
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1 ‘‘(B) Providing interdisciplinary training

2 for various types of leadership personnel, in3 cluding teacher preparation faculty, administra4 tors, researchers, supervisors, principals, and

5 other persons whose work affects early interven6 tion, educational, and transitional services for

7 children with disabilities.

8 ‘‘(d) PROJECTS OF NATIONAL SIGNIFICANCE; AU9 THORIZED ACTIVITIES.—

10 ‘‘(1) IN GENERAL.—In carrying out this sec11 tion, the Secretary shall support activities, consistent

12 with the objectives described in subsection (a), that

13 are of national significance and have broad applica14 bility.

15 ‘‘(2) AUTHORIZED ACTIVITIES.—Activities that

16 may be carried out under this subsection include ac17 tivities such as the following:

18 ‘‘(A) Developing and demonstrating effec19 tive and efficient practices for preparing per20 sonnel to provide services to children with dis21 abilities, including practices that address any

22 needs identified in the State’s improvement

23 plan under part C;

24 ‘‘(B) Demonstrating the application of sig25 nificant knowledge derived from research and
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1 other sources in the development of programs

2 to prepare personnel to provide services to chil3 dren with disabilities.

4 ‘‘(C) Demonstrating models for the prepa5 ration of, and interdisciplinary training of, early

6 intervention, special education, and general edu7 cation personnel, to enable the personnel—

8 ‘‘(i) to acquire the collaboration skills

9 necessary to work within teams to assist

10 children with disabilities; and

11 ‘‘(ii) to achieve results that meet chal12 lenging standards, particularly within the

13 general education curriculum.

14 ‘‘(D) Demonstrating models that reduce

15 shortages of teachers, and personnel from other

16 relevant disciplines, who serve children with dis17 abilities, through reciprocity arrangements be18 tween States that are related to licensure and

19 certification.

20 ‘‘(E) Developing, evaluating, and dissemi21 nating model teaching standards for persons

22 working with children with disabilities.

23 ‘‘(F) Promoting the transferability, across

24 State and local jurisdictions, of licensure and
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1 certification of teachers and administrators

2 working with such children.

3 ‘‘(G) Developing and disseminating models

4 that prepare teachers with strategies, including

5 behavioral interventions, for addressing the con6 duct of children with disabilities that impedes

7 their learning and that of others in the class8 room.

9 ‘‘(H) Institutes that provide professional

10 development that addresses the needs of chil11 dren with disabilities to teachers or teams of

12 teachers, and where appropriate, to school

13 board members, administrators, principals,

14 pupil-service personnel, and other staff from in15 dividual schools.

16 ‘‘(I) Projects to improve the ability of gen17 eral education teachers, principals, and other

18 administrators to meet the needs of children

19 with disabilities.

20 ‘‘(J) Developing, evaluating, and dissemi21 nating innovative models for the recruitment,

22 induction, retention, and assessment of new,

23 qualified teachers, especially from groups that

24 are underrepresented in the teaching profession,

25 including individuals with disabilities.
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1 ‘‘(K) Supporting institutions of higher edu2 cation with minority enrollments of at least 25

3 percent for the purpose of preparing personnel

4 to work with children with disabilities.

5 ‘‘(e) HIGH-INCIDENCE DISABILITIES; AUTHORIZED

6 ACTIVITIES.—

7 ‘‘(1) IN GENERAL.—In carrying out this sec8 tion, the Secretary shall support activities, consistent

9 with the objectives described in subsection (a), to

10 benefit children with high-incidence disabilities, such

11 as children with specific learning disabilities, speech

12 or language impairment, or mental retardation.

13 ‘‘(2) AUTHORIZED ACTIVITIES.—Activities that

14 may be carried out under this subsection include the

15 following:

16 ‘‘(A) Activities undertaken by institutions

17 of higher education, local educational agencies,

18 and other local entities—

19 ‘‘(i) to improve and reform their exist20 ing programs to prepare teachers and re21 lated services personnel—

22 ‘‘(I) to meet the diverse needs of

23 children with disabilities for early

24 intervention, educational, and transi25 tional services; and
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1 ‘‘(II) to work collaboratively in

2 regular classroom settings; and

3 ‘‘(ii) to incorporate best practices and

4 research-based knowledge about preparing

5 personnel so they will have the knowledge

6 and skills to improve educational results

7 for children with disabilities.

8 ‘‘(B) Activities incorporating innovative

9 strategies to recruit and prepare teachers and

10 other personnel to meet the needs of areas in

11 which there are acute and persistent shortages

12 of personnel.

13 ‘‘(C) Developing career opportunities for

14 paraprofessionals to receive training as special

15 education teachers, related services personnel,

16 and early intervention personnel, including

17 interdisciplinary training to enable them to im18 prove early intervention, educational, and tran19 sitional results for children with disabilities.

20 ‘‘(f) APPLICATIONS.—

21 ‘‘(1) IN GENERAL.—Any eligible entity that

22 wishes to receive a grant, or enter into a contract or

23 cooperative agreement, under this section shall sub24 mit an application to the Secretary at such time, in
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1 such manner, and containing such information as

2 the Secretary may require.

3 ‘‘(2) IDENTIFIED STATE NEEDS.—

4 ‘‘(A) REQUIREMENT TO ADDRESS IDENTI5 FIED NEEDS.—Any application under sub6 section (b), (c), or (e) shall include information

7 demonstrating to the satisfaction of the Sec8 retary that the activities described in the appli9 cation will address needs identified by the State

10 or States the applicant proposes to serve.

11 ‘‘(B) COOPERATION WITH STATE EDU12 CATIONAL AGENCIES.—Any applicant that is

13 not a local educational agency or a State edu14 cational agency shall include information dem15 onstrating to the satisfaction of the Secretary

16 that the applicant and one or more State edu17 cational agencies have engaged in a cooperative

18 effort to plan the project to which the applica19 tion pertains, and will cooperate in carrying out

20 and monitoring the project.

21 ‘‘(3) ACCEPTANCE BY STATES OF PERSONNEL

22 PREPARATION REQUIREMENTS.—The Secretary may

23 require applicants to provide letters from one or

24 more States stating that the States—
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1 ‘‘(A) intend to accept successful completion

2 of the proposed personnel preparation program

3 as meeting State personnel standards for serv4 ing children with disabilities or serving infants

5 and toddlers with disabilities; and

6 ‘‘(B) need personnel in the area or areas

7 in which the applicant proposes to provide prep8 aration, as identified in the States’ comprehen9 sive systems of personnel development under

10 parts B and C.

11 ‘‘(g) SELECTION OF RECIPIENTS.—

12 ‘‘(1) IMPACT OF PROJECT.—In selecting recipi13 ents under this section, the Secretary may consider

14 the impact of the project proposed in the application

15 in meeting the need for personnel identified by the

16 States.

17 ‘‘(2) REQUIREMENT ON APPLICANTS TO MEET

18 STATE AND PROFESSIONAL STANDARDS.—The Sec19 retary shall make grants under this section only to

20 eligible applicants that meet State and profes21 sionally-recognized standards for the preparation of

22 special education and related services personnel, if

23 the purpose of the project is to assist personnel in

24 obtaining degrees.
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1 ‘‘(3) PREFERENCES.—In selecting recipients

2 under this section, the Secretary may—

3 ‘‘(A) give preference to institutions of

4 higher education that are educating regular

5 education personnel to meet the needs of chil6 dren with disabilities in integrated settings and

7 educating special education personnel to work

8 in collaboration with regular educators in inte9 grated settings; and

10 ‘‘(B) give preference to institutions of

11 higher education that are successfully recruiting

12 and preparing individuals with disabilities and

13 individuals from groups that are underrep14 resented in the profession for which they are

15 preparing individuals.

16 ‘‘(h) SERVICE OBLIGATION.—

17 ‘‘(1) IN GENERAL.—Each application for funds

18 under subsections (b) and (e), and to the extent ap19 propriate subsection (d), shall include an assurance

20 that the applicant will ensure that individuals who

21 receive a scholarship under the proposed project will

22 subsequently provide special education and related

23 services to children with disabilities for a period of

24 2 years for every year for which assistance was re25 ceived or repay all or part of the cost of that assist-
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1 ance, in accordance with regulations issued by the

2 Secretary.

3 ‘‘(2) LEADERSHIP PREPARATION.—Each appli4 cation for funds under subsection (c) shall include

5 an assurance that the applicant will ensure that in6 dividuals who receive a scholarship under the pro7 posed project will subsequently perform work related

8 to their preparation for a period of 2 years for every

9 year for which assistance was received or repay all

10 or part of such costs, in accordance with regulations

11 issued by the Secretary.

12 ‘‘(i) SCHOLARSHIPS.—The Secretary may include

13 funds for scholarships, with necessary stipends and allow14 ances, in awards under subsections (b), (c), (d), and (e).

15 ‘‘(j) AUTHORIZATION OF APPROPRIATIONS.—There

16 are authorized to be appropriated to carry out this section

17 such sums as may be necessary for each of the fiscal years

18 1998 through 2002.

19 ‘‘SEC. 674. STUDIES AND EVALUATIONS.

20 ‘‘(a) STUDIES AND EVALUATIONS.—

21 ‘‘(1) IN GENERAL.—The Secretary shall, di22 rectly or through grants, contracts, or cooperative

23 agreements, assess the progress in the implementa24 tion of this Act, including the effectiveness of State

25 and local efforts to provide—
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1 ‘‘(A) a free appropriate public education to

2 children with disabilities; and

3 ‘‘(B) early intervention services to infants

4 and toddlers with disabilities and infants and

5 toddlers who would be at risk of having sub6 stantial developmental delays if early interven7 tion services were not provided to them.

8 ‘‘(2) AUTHORIZED ACTIVITIES.—In carrying

9 out this subsection, the Secretary may support stud10 ies, evaluations, and assessments, including studies

11 that—

12 ‘‘(A) analyze measurable impact, outcomes,

13 and results achieved by State educational agen14 cies and local educational agencies through

15 their activities to reform policies, procedures,

16 and practices designed to improve educational

17 and transitional services and results for chil18 dren with disabilities;

19 ‘‘(B) analyze State and local needs for pro20 fessional development, parent training, and

21 other appropriate activities that can reduce the

22 need for disciplinary actions involving children

23 with disabilities;
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1 ‘‘(C) assess educational and transitional

2 services and results for children with disabilities

3 from minority backgrounds, including—

4 ‘‘(i) data on—

5 ‘‘(I) the number of minority chil6 dren who are referred for special edu7 cation evaluation;

8 ‘‘(II) the number of minority

9 children who are receiving special edu10 cation and related services and their

11 educational or other service place12 ment; and

13 ‘‘(III) the number of minority

14 children who graduated from second15 ary and postsecondary education pro16 grams; and

17 ‘‘(ii) the performance of children with

18 disabilities from minority backgrounds on

19 State assessments and other performance

20 indicators established for all students;

21 ‘‘(D) measure educational and transitional

22 services and results of children with disabilities

23 under this Act, including longitudinal studies

24 that—
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1 ‘‘(i) examine educational and transi2 tional services and results for children with

3 disabilities who are 3 through 17 years of

4 age and are receiving special education and

5 related services under this Act, using a na6 tional, representative sample of distinct

7 age cohorts and disability categories; and

8 ‘‘(ii) examine educational results,

9 postsecondary placement, and employment

10 status of individuals with disabilities, 18

11 through 21 years of age, who are receiving

12 or have received special education and re13 lated services under this Act; and

14 ‘‘(E) identify and report on the placement

15 of children with disabilities by disability cat16 egory.

17 ‘‘(b) NATIONAL ASSESSMENT.—

18 ‘‘(1) IN GENERAL.—The Secretary shall carry

19 out a national assessment of activities carried out

20 with Federal funds under this Act in order—

21 ‘‘(A) to determine the effectiveness of this

22 Act in achieving its purposes;

23 ‘‘(B) to provide information to the Presi24 dent, the Congress, the States, local educational
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1 agencies, and the public on how to implement

2 the Act more effectively; and

3 ‘‘(C) to provide the President and the Con4 gress with information that will be useful in de5 veloping legislation to achieve the purposes of

6 this Act more effectively.

7 ‘‘(2) CONSULTATION.—The Secretary shall

8 plan, review, and conduct the national assessment

9 under this subsection in consultation with research10 ers, State practitioners, local practitioners, parents

11 of children with disabilities, individuals with disabil12 ities, and other appropriate individuals.

13 ‘‘(3) SCOPE OF ASSESSMENT.—The national as14 sessment shall examine how well schools, local edu15 cational agencies, States, other recipients of assist16 ance under this Act, and the Secretary are achieving

17 the purposes of this Act, including—

18 ‘‘(A) improving the performance of chil19 dren with disabilities in general scholastic ac20 tivities and assessments as compared to non21 disabled children;

22 ‘‘(B) providing for the participation of chil23 dren with disabilities in the general curriculum;

24 ‘‘(C) helping children with disabilities

25 make successful transitions from—
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1 ‘‘(i) early intervention services to pre2 school education;

3 ‘‘(ii) preschool education to elemen4 tary school; and

5 ‘‘(iii) secondary school to adult life;

6 ‘‘(D) placing and serving children with dis7 abilities, including minority children, in the

8 least restrictive environment appropriate;

9 ‘‘(E) preventing children with disabilities,

10 especially children with emotional disturbances

11 and specific learning disabilities, from dropping

12 out of school;

13 ‘‘(F) addressing behavioral problems of

14 children with disabilities as compared to non15 disabled children;

16 ‘‘(G) coordinating services provided under

17 this Act with each other, with other educational

18 and pupil services (including preschool serv19 ices), and with health and social services funded

20 from other sources;

21 ‘‘(H) providing for the participation of par22 ents of children with disabilities in the edu23 cation of their children; and
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1 ‘‘(I) resolving disagreements between edu2 cation personnel and parents through activities

3 such as mediation.

4 ‘‘(4) INTERIM AND FINAL REPORTS.—The Sec5 retary shall submit to the President and the Con6 gress—

7 ‘‘(A) an interim report that summarizes

8 the preliminary findings of the assessment not

9 later than October 1, 1999; and

10 ‘‘(B) a final report of the findings of the

11 assessment not later than October 1, 2001.

12 ‘‘(c) ANNUAL REPORT.—The Secretary shall report

13 annually to the Congress on—

14 ‘‘(1) an analysis and summary of the data re15 ported by the States and the Secretary of the Inte16 rior under section 618;

17 ‘‘(2) the results of activities conducted under

18 subsection (a);

19 ‘‘(3) the findings and determinations resulting

20 from reviews of State implementation of this Act.

21 ‘‘(d) TECHNICAL ASSISTANCE TO LEAS.—The Sec22 retary shall provide directly, or through grants, contracts,

23 or cooperative agreements, technical assistance to local

24 educational agencies to assist them in carrying out local

25 capacity-building and improvement projects under section
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1 611(f)(4) and other LEA systemic improvement activities

2 under this Act.

3 ‘‘(e) RESERVATION FOR STUDIES AND TECHNICAL

4 ASSISTANCE.—

5 ‘‘(1) IN GENERAL.—Except as provided in para6 graph (2) and notwithstanding any other provision

7 of this Act, the Secretary may reserve up to one-half

8 of one percent of the amount appropriated under

9 parts B and C for each fiscal year to carry out this

10 section.

11 ‘‘(2) MAXIMUM AMOUNT.—For the first fiscal

12 year in which the amount described in paragraph (1)

13 is at least $20,000,000, the maximum amount the

14 Secretary may reserve under paragraph (1) is

15 $20,000,000. For each subsequent fiscal year, the

16 maximum amount the Secretary may reserve under

17 paragraph (1) is $20,000,000, increased by the cu18 mulative rate of inflation since the fiscal year de19 scribed in the previous sentence.

20 ‘‘(3) USE OF MAXIMUM AMOUNT.—In any fiscal

21 year described in paragraph (2) for which the Sec22 retary reserves the maximum amount described in

23 that paragraph, the Secretary shall use at least half

24 of the reserved amount for activities under sub25 section (d).
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1 ‘‘Chapter 2—Improving Early Intervention, Edu2 cational, and Transitional Services and Results

3 for Children With Disabilities Through Coordi4 nated Technical Assistance, Support, and Dis5 semination of Information

6 ‘‘SEC. 681. FINDINGS AND PURPOSES.

7 ‘‘(a) IN GENERAL.—The Congress finds as follows:

8 ‘‘(1) National technical assistance, support, and

9 dissemination activities are necessary to ensure that

10 parts B and C are fully implemented and achieve

11 quality early intervention, educational, and transi12 tional results for children with disabilities and their

13 families.

14 ‘‘(2) Parents, teachers, administrators, and re15 lated services personnel need technical assistance

16 and information in a timely, coordinated, and acces17 sible manner in order to improve early intervention,

18 educational, and transitional services and results at

19 the State and local levels for children with disabil20 ities and their families.

21 ‘‘(3) Parent training and information activities

22 have taken on increased importance in efforts to as23 sist parents of a child with a disability in dealing

24 with the multiple pressures of rearing such a child

25 and are of particular importance in—
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1 ‘‘(A) ensuring the involvement of such par2 ents in planning and decisionmaking with re3 spect to early intervention, educational, and

4 transitional services;

5 ‘‘(B) achieving quality early intervention,

6 educational, and transitional results for children

7 with disabilities;

8 ‘‘(C) providing such parents information

9 on their rights and protections under this Act

10 to ensure improved early intervention, edu11 cational, and transitional results for children

12 with disabilities;

13 ‘‘(D) assisting such parents in the develop14 ment of skills to participate effectively in the

15 education and development of their children and

16 in the transitions described in section

17 674(b)(3)(C); and

18 ‘‘(E) supporting the roles of such parents

19 as participants within partnerships seeking to

20 improve early intervention, educational, and

21 transitional services and results for children

22 with disabilities and their families.

23 ‘‘(4) Providers of parent training and informa24 tion activities need to ensure that such parents who

25 have limited access to services and supports, due to
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1 economic, cultural, or linguistic barriers, are pro2 vided with access to appropriate parent training and

3 information activities.

4 ‘‘(5) Parents of children with disabilities need

5 information that helps the parents to understand the

6 rights and responsibilities of their children under

7 part B.

8 ‘‘(6) The provision of coordinated technical as9 sistance and dissemination of information to State

10 and local agencies, institutions of higher education,

11 and other providers of services to children with dis12 abilities is essential in—

13 ‘‘(A) supporting the process of achieving

14 systemic change;

15 ‘‘(B) supporting actions in areas of priority

16 specific to the improvement of early interven17 tion, educational, and transitional results for

18 children with disabilities;

19 ‘‘(C) conveying information and assistance

20 that are—

21 ‘‘(i) based on current research (as of

22 the date the information and assistance

23 are conveyed);
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1 ‘‘(ii) accessible and meaningful for use

2 in supporting systemic-change activities of

3 State and local partnerships; and

4 ‘‘(iii) linked directly to improving

5 early intervention, educational, and transi6 tional services and results for children with

7 disabilities and their families; and

8 ‘‘(D) organizing systems and information

9 networks for such information, based on mod10 ern technology related to—

11 ‘‘(i) storing and gaining access to in12 formation; and

13 ‘‘(ii) distributing information in a sys14 tematic manner to parents, students, pro15 fessionals, and policymakers.

16 ‘‘(7) Federal support for carrying out tech17 nology research, technology development, and edu18 cational media services and activities has resulted in

19 major innovations that have significantly improved

20 early intervention, educational, and transitional serv21 ices and results for children with disabilities and

22 their families.

23 ‘‘(8) Such Federal support is needed—

24 ‘‘(A) to stimulate the development of soft25 ware, interactive learning tools, and devices to
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1 address early intervention, educational, and

2 transitional needs of children with disabilities

3 who have certain disabilities;

4 ‘‘(B) to make information available on

5 technology research, technology development,

6 and educational media services and activities to

7 individuals involved in the provision of early

8 intervention, educational, and transitional serv9 ices to children with disabilities;

10 ‘‘(C) to promote the integration of tech11 nology into curricula to improve early interven12 tion, educational, and transitional results for

13 children with disabilities;

14 ‘‘(D) to provide incentives for the develop15 ment of technology and media devices and tools

16 that are not readily found or available because

17 of the small size of potential markets;

18 ‘‘(E) to make resources available to pay for

19 such devices and tools and educational media

20 services and activities;

21 ‘‘(F) to promote the training of person22 nel—

23 ‘‘(i) to provide such devices, tools,

24 services, and activities in a competent

25 manner; and
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1 ‘‘(ii) to assist children with disabilities

2 and their families in using such devices,

3 tools, services, and activities; and

4 ‘‘(G) to coordinate the provision of such

5 devices, tools, services, and activities—

6 ‘‘(i) among State human services pro7 grams; and

8 ‘‘(ii) between such programs and pri9 vate agencies.

10 ‘‘(b) PURPOSES.—The purposes of this chapter are

11 to ensure that—

12 ‘‘(1) children with disabilities, and their par13 ents, receive training and information on their rights

14 and protections under this Act, in order to develop

15 the skills necessary to effectively participate in plan16 ning and decisionmaking relating to early interven17 tion, educational, and transitional services and in

18 systemic-change activities;

19 ‘‘(2) parents, teachers, administrators, early

20 intervention personnel, related services personnel,

21 and transition personnel receive coordinated and ac22 cessible technical assistance and information to as23 sist such persons, through systemic-change activities

24 and other efforts, to improve early intervention, edu-
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1 cational, and transitional services and results for

2 children with disabilities and their families;

3 ‘‘(3) appropriate technology and media are re4 searched, developed, demonstrated, and made avail5 able in timely and accessible formats to parents,

6 teachers, and all types of personnel providing serv7 ices to children with disabilities to support their

8 roles as partners in the improvement and implemen9 tation of early intervention, educational, and transi10 tional services and results for children with disabil11 ities and their families;

12 ‘‘(4) on reaching the age of majority under

13 State law, children with disabilities understand their

14 rights and responsibilities under part B, if the State

15 provides for the transfer of parental rights under

16 section 615(m); and

17 ‘‘(5) the general welfare of deaf and hard-of18 hearing individuals is promoted by—

19 ‘‘(A) bringing to such individuals under20 standing and appreciation of the films and tele21 vision programs that play an important part in

22 the general and cultural advancement of hear23 ing individuals;

24 ‘‘(B) providing, through those films and

25 television programs, enriched educational and
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1 cultural experiences through which deaf and

2 hard-of-hearing individuals can better under3 stand the realities of their environment; and

4 ‘‘(C) providing wholesome and rewarding

5 experiences that deaf and hard-of-hearing indi6 viduals may share.

7 ‘‘SEC. 682. PARENT TRAINING AND INFORMATION CENTERS.

8 ‘‘(a) PROGRAM AUTHORIZED.—The Secretary may

9 make grants to, and enter into contracts and cooperative

10 agreements with, parent organizations to support parent

11 training and information centers to carry out activities

12 under this section.

13 ‘‘(b) REQUIRED ACTIVITIES.—Each parent training

14 and information center that receives assistance under this

15 section shall—

16 ‘‘(1) provide training and information that

17 meets the training and information needs of parents

18 of children with disabilities living in the area served

19 by the center, particularly underserved parents and

20 parents of children who may be inappropriately iden21 tified;

22 ‘‘(2) assist parents to understand the availabil23 ity of, and how to effectively use, procedural safe24 guards under this Act, including encouraging the

25 use, and explaining the benefits, of alternative meth-
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1 ods of dispute resolution, such as the mediation

2 process described in section 615(e);

3 ‘‘(3) serve the parents of infants, toddlers, and

4 children with the full range of disabilities;

5 ‘‘(4) assist parents to—

6 ‘‘(A) better understand the nature of their

7 children’s disabilities and their educational and

8 developmental needs;

9 ‘‘(B) communicate effectively with person10 nel responsible for providing special education,

11 early intervention, and related services;

12 ‘‘(C) participate in decisionmaking proc13 esses and the development of individualized

14 education programs under part B and individ15 ualized family service plans under part C;

16 ‘‘(D) obtain appropriate information about

17 the range of options, programs, services, and

18 resources available to assist children with dis19 abilities and their families;

20 ‘‘(E) understand the provisions of this Act

21 for the education of, and the provision of early

22 intervention services to, children with disabil23 ities; and

24 ‘‘(F) participate in school reform activities;
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1 ‘‘(5) in States where the State elects to contract

2 with the parent training and information center,

3 contract with State educational agencies to provide,

4 consistent with subparagraphs (B) and (D) of sec5 tion 615(e)(2), individuals who meet with parents to

6 explain the mediation process to them;

7 ‘‘(6) network with appropriate clearinghouses,

8 including organizations conducting national dissemi9 nation activities under section 685(d), and with

10 other national, State, and local organizations and

11 agencies, such as protection and advocacy agencies,

12 that serve parents and families of children with the

13 full range of disabilities; and

14 ‘‘(7) annually report to the Secretary on—

15 ‘‘(A) the number of parents to whom it

16 provided information and training in the most

17 recently concluded fiscal year; and

18 ‘‘(B) the effectiveness of strategies used to

19 reach and serve parents, including underserved

20 parents of children with disabilities.

21 ‘‘(c) OPTIONAL ACTIVITIES.—A parent training and

22 information center that receives assistance under this sec23 tion may—
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1 ‘‘(1) provide information to teachers and other

2 professionals who provide special education and re3 lated services to children with disabilities;

4 ‘‘(2) assist students with disabilities to under5 stand their rights and responsibilities under section

6 615(m) on reaching the age of majority; and

7 ‘‘(3) assist parents of children with disabilities

8 to be informed participants in the development and

9 implementation of the State’s State improvement

10 plan under subpart 1.

11 ‘‘(d) APPLICATION REQUIREMENTS.—Each applica12 tion for assistance under this section shall identify with

13 specificity the special efforts that the applicant will under14 take—

15 ‘‘(1) to ensure that the needs for training and

16 information of underserved parents of children with

17 disabilities in the area to be served are effectively

18 met; and

19 ‘‘(2) to work with community-based organiza20 tions.

21 ‘‘(e) DISTRIBUTION OF FUNDS.—

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

23 at least 1 award to a parent organization in each

24 State, unless the Secretary does not receive an appli-
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1 cation from such an organization in each State of

2 sufficient quality to warrant approval.

3 ‘‘(2) SELECTION REQUIREMENT.—The Sec4 retary shall select among applications submitted by

5 parent organizations in a State in a manner that en6 sures the most effective assistance to parents, in7 cluding parents in urban and rural areas, in the

8 State.

9 ‘‘(f) QUARTERLY REVIEW.—

10 ‘‘(1) REQUIREMENTS.—

11 ‘‘(A) MEETINGS.—The board of directors

12 or special governing committee of each organi13 zation that receives an award under this section

14 shall meet at least once in each calendar quar15 ter to review the activities for which the award

16 was made.

17 ‘‘(B) ADVISING BOARD.—Each special gov18 erning committee shall directly advise the orga19 nization’s governing board of its views and rec20 ommendations.

21 ‘‘(2) CONTINUATION AWARD.—When an organi22 zation requests a continuation award under this sec23 tion, the board of directors or special governing com24 mittee shall submit to the Secretary a written review

25 of the parent training and information program con-
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1 ducted by the organization during the preceding fis2 cal year.

3 ‘‘(g) DEFINITION OF PARENT ORGANIZATION.—As

4 used in this section, the term ‘parent organization’ means

5 a private nonprofit organization (other than an institution

6 of higher education) that—

7 ‘‘(1) has a board of directors—

8 ‘‘(A) the majority of whom are parents of

9 children with disabilities;

10 ‘‘(B) that includes—

11 ‘‘(i) individuals working in the fields

12 of special education, related services, and

13 early intervention; and

14 ‘‘(ii) individuals with disabilities; and

15 ‘‘(C) the parent and professional members

16 of which are broadly representative of the popu17 lation to be served; or

18 ‘‘(2) has—

19 ‘‘(A) a membership that represents the in20 terests of individuals with disabilities and has

21 established a special governing committee that

22 meets the requirements of paragraph (1); and

23 ‘‘(B) a memorandum of understanding be24 tween the special governing committee and the

25 board of directors of the organization that
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1 clearly outlines the relationship between the

2 board and the committee and the decisionmak3 ing responsibilities and authority of each.

4 ‘‘SEC. 683. COMMUNITY PARENT RESOURCE CENTERS.

5 ‘‘(a) IN GENERAL.—The Secretary may make grants

6 to, and enter into contracts and cooperative agreements

7 with, local parent organizations to support parent training

8 and information centers that will help ensure that under9 served parents of children with disabilities, including low10 income parents, parents of children with limited English

11 proficiency, and parents with disabilities, have the training

12 and information they need to enable them to participate

13 effectively in helping their children with disabilities—

14 ‘‘(1) to meet developmental goals and, to the

15 maximum extent possible, those challenging stand16 ards that have been established for all children; and

17 ‘‘(2) to be prepared to lead productive inde18 pendent adult lives, to the maximum extent possible.

19 ‘‘(b) REQUIRED ACTIVITIES.—Each parent training

20 and information center assisted under this section shall—

21 ‘‘(1) provide training and information that

22 meets the training and information needs of parents

23 of children with disabilities proposed to be served by

24 the grant, contract, or cooperative agreement;
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1 ‘‘(2) carry out the activities required of parent

2 training and information centers under paragraphs

3 (2) through (7) of section 682(b);

4 ‘‘(3) establish cooperative partnerships with the

5 parent training and information centers funded

6 under section 682; and

7 ‘‘(4) be designed to meet the specific needs of

8 families who experience significant isolation from

9 available sources of information and support.

10 ‘‘(c) DEFINITION.—As used is this section, the term

11 ‘local parent organization’ means a parent organization,

12 as defined in section 682(g), that either—

13 ‘‘(1) has a board of directors the majority of

14 whom are from the community to be served; or

15 ‘‘(2) has—

16 ‘‘(A) as a part of its mission, serving the

17 interests of individuals with disabilities from

18 such community; and

19 ‘‘(B) a special governing committee to ad20 minister the grant, contract, or cooperative

21 agreement, a majority of the members of which

22 are individuals from such community.
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1 ‘‘SEC. 684. TECHNICAL ASSISTANCE FOR PARENT TRAINING

2 AND INFORMATION CENTERS.

3 ‘‘(a) IN GENERAL.—The Secretary may, directly or

4 through awards to eligible entities, provide technical as5 sistance for developing, assisting, and coordinating parent

6 training and information programs carried out by parent

7 training and information centers receiving assistance

8 under sections 682 and 683.

9 ‘‘(b) AUTHORIZED ACTIVITIES.—The Secretary may

10 provide technical assistance to a parent training and infor11 mation center under this section in areas such as—

12 ‘‘(1) effective coordination of parent training ef13 forts;

14 ‘‘(2) dissemination of information;

15 ‘‘(3) evaluation by the center of itself;

16 ‘‘(4) promotion of the use of technology, includ17 ing assistive technology devices and assistive tech18 nology services;

19 ‘‘(5) reaching underserved populations;

20 ‘‘(6) including children with disabilities in gen21 eral education programs;

22 ‘‘(7) facilitation of transitions from—

23 ‘‘(A) early intervention services to pre24 school;

25 ‘‘(B) preschool to school; and
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1 ‘‘(C) secondary school to postsecondary en2 vironments; and

3 ‘‘(8) promotion of alternative methods of dis4 pute resolution.

5 ‘‘SEC. 685. COORDINATED TECHNICAL ASSISTANCE AND

6 DISSEMINATION.

7 ‘‘(a) IN GENERAL.—The Secretary shall, by competi8 tively making grants or entering into contracts and coop9 erative agreements with eligible entities, provide technical

10 assistance and information, through such mechanisms as

11 institutes, Regional Resource Centers, clearinghouses, and

12 programs that support States and local entities in building

13 capacity, to improve early intervention, educational, and

14 transitional services and results for children with disabil15 ities and their families, and address systemic-change goals

16 and priorities.

17 ‘‘(b) SYSTEMIC TECHNICAL ASSISTANCE; AUTHOR18 IZED ACTIVITIES.—

19 ‘‘(1) IN GENERAL.—In carrying out this sec20 tion, the Secretary shall carry out or support tech21 nical assistance activities, consistent with the objec22 tives described in subsection (a), relating to systemic

23 change.
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1 ‘‘(2) AUTHORIZED ACTIVITIES.—Activities that

2 may be carried out under this subsection include ac3 tivities such as the following:

4 ‘‘(A) Assisting States, local educational

5 agencies, and other participants in partnerships

6 established under subpart 1 with the process of

7 planning systemic changes that will promote

8 improved early intervention, educational, and

9 transitional results for children with disabilities.

10 ‘‘(B) Promoting change through a

11 multistate or regional framework that benefits

12 States, local educational agencies, and other

13 participants in partnerships that are in the

14 process of achieving systemic-change outcomes.

15 ‘‘(C) Increasing the depth and utility of in16 formation in ongoing and emerging areas of pri17 ority need identified by States, local educational

18 agencies, and other participants in partnerships

19 that are in the process of achieving systemic20 change outcomes.

21 ‘‘(D) Promoting communication and infor22 mation exchange among States, local edu23 cational agencies, and other participants in

24 partnerships, based on the needs and concerns

25 identified by the participants in the partner-
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1 ships, rather than on externally imposed criteria

2 or topics, regarding—

3 ‘‘(i) the practices, procedures, and

4 policies of the States, local educational

5 agencies, and other participants in part6 nerships; and

7 ‘‘(ii) accountability of the States, local

8 educational agencies, and other partici9 pants in partnerships for improved early

10 intervention, educational, and transitional

11 results for children with disabilities.

12 ‘‘(c) SPECIALIZED TECHNICAL ASSISTANCE; AU13 THORIZED ACTIVITIES.—

14 ‘‘(1) IN GENERAL.—In carrying out this sec15 tion, the Secretary shall carry out or support activi16 ties, consistent with the objectives described in sub17 section (a), relating to areas of priority or specific

18 populations.

19 ‘‘(2) AUTHORIZED ACTIVITIES.—Examples of

20 activities that may be carried out under this sub21 section include activities that—

22 ‘‘(A) focus on specific areas of high-prior23 ity need that—
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1 ‘‘(i) are identified by States, local edu2 cational agencies, and other participants in

3 partnerships;

4 ‘‘(ii) require the development of new

5 knowledge, or the analysis and synthesis of

6 substantial bodies of information not read7 ily available to the States, agencies, and

8 other participants in partnerships; and

9 ‘‘(iii) will contribute significantly to

10 the improvement of early intervention, edu11 cational, and transitional services and re12 sults for children with disabilities and their

13 families;

14 ‘‘(B) focus on needs and issues that are

15 specific to a population of children with disabil16 ities, such as the provision of single-State and

17 multi-State technical assistance and in-service

18 training—

19 ‘‘(i) to schools and agencies serving

20 deaf-blind children and their families; and

21 ‘‘(ii) to programs and agencies serving

22 other groups of children with low-incidence

23 disabilities and their families; or
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1 ‘‘(C) address the postsecondary education

2 needs of individuals who are deaf or hard of

3 hearing.

4 ‘‘(d) NATIONAL INFORMATION DISSEMINATION; AU5 THORIZED ACTIVITIES.—

6 ‘‘(1) IN GENERAL.—In carrying out this sec7 tion, the Secretary shall carry out or support infor8 mation dissemination activities that are consistent

9 with the objectives described in subsection (a), in10 cluding activities that address national needs for the

11 preparation and dissemination of information relat12 ing to eliminating barriers to systemic-change and

13 improving early intervention, educational, and tran14 sitional results for children with disabilities.

15 ‘‘(2) AUTHORIZED ACTIVITIES.—Examples of

16 activities that may be carried out under this sub17 section include activities relating to—

18 ‘‘(A) infants and toddlers with disabilities

19 and their families, and children with disabilities

20 and their families;

21 ‘‘(B) services for populations of children

22 with low-incidence disabilities, including deaf23 blind children, and targeted age groupings;

24 ‘‘(C) the provision of postsecondary serv25 ices to individuals with disabilities;
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1 ‘‘(D) the need for and use of personnel to

2 provide services to children with disabilities,

3 and personnel recruitment, retention, and prep4 aration;

5 ‘‘(E) issues that are of critical interest to

6 State educational agencies and local educational

7 agencies, other agency personnel, parents of

8 children with disabilities, and individuals with

9 disabilities;

10 ‘‘(F) educational reform and systemic

11 change within States; and

12 ‘‘(G) promoting schools that are safe and

13 conducive to learning.

14 ‘‘(3) LINKING STATES TO INFORMATION

15 SOURCES.—In carrying out this subsection, the Sec16 retary may support projects that link States to tech17 nical assistance resources, including special edu18 cation and general education resources, and may

19 make research and related products available

20 through libraries, electronic networks, parent train21 ing projects, and other information sources.

22 ‘‘(e) APPLICATIONS.—An eligible entity that wishes

23 to receive a grant, or enter into a contract or cooperative

24 agreement, under this section shall submit an application
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1 to the Secretary at such time, in such manner, and con2 taining such information as the Secretary may require.

3 ‘‘SEC. 686. AUTHORIZATION OF APPROPRIATIONS.

4 ‘‘There are authorized to be appropriated to carry out

5 sections 681 through 685 such sums as may be necessary

6 for each of the fiscal years 1998 through 2002.

7 ‘‘SEC. 687. TECHNOLOGY DEVELOPMENT, DEMONSTRATION,

8 AND UTILIZATION, AND MEDIA SERVICES.

9 ‘‘(a) IN GENERAL.—The Secretary shall competi10 tively make grants to, and enter into contracts and cooper11 ative agreements with, eligible entities to support activities

12 described in subsections (b) and (c).

13 ‘‘(b) TECHNOLOGY DEVELOPMENT, DEMONSTRA14 TION, AND UTILIZATION; AUTHORIZED ACTIVITIES.—

15 ‘‘(1) IN GENERAL.—In carrying out this sec16 tion, the Secretary shall support activities to pro17 mote the development, demonstration, and utiliza18 tion of technology.

19 ‘‘(2) AUTHORIZED ACTIVITIES.—Activities that

20 may be carried out under this subsection include ac21 tivities such as the following:

22 ‘‘(A) Conducting research and development

23 activities on the use of innovative and emerging

24 technologies for children with disabilities.
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1 ‘‘(B) Promoting the demonstration and use

2 of innovative and emerging technologies for

3 children with disabilities by improving and ex4 panding the transfer of technology from re5 search and development to practice.

6 ‘‘(C) Providing technical assistance to re7 cipients of other assistance under this section,

8 concerning the development of accessible, effec9 tive, and usable products.

10 ‘‘(D) Communicating information on avail11 able technology and the uses of such technology

12 to assist children with disabilities.

13 ‘‘(E) Supporting the implementation of re14 search programs on captioning or video descrip15 tion.

16 ‘‘(F) Supporting research, development,

17 and dissemination of technology with universal18 design features, so that the technology is acces19 sible to individuals with disabilities without fur20 ther modification or adaptation.

21 ‘‘(G) Demonstrating the use of publicly22 funded telecommunications systems to provide

23 parents and teachers with information and

24 training concerning early diagnosis of, interven-
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1 tion for, and effective teaching strategies for,

2 young children with reading disabilities.

3 ‘‘(c) EDUCATIONAL MEDIA SERVICES; AUTHORIZED

4 ACTIVITIES.—In carrying out this section, the Secretary

5 shall support—

6 ‘‘(1) educational media activities that are de7 signed to be of educational value to children with

8 disabilities;

9 ‘‘(2) providing video description, open caption10 ing, or closed captioning of television programs, vid11 eos, or educational materials through September 30,

12 2001; and after fiscal year 2001, providing video de13 scription, open captioning, or closed captioning of

14 educational, news, and informational television, vid15 eos, or materials;

16 ‘‘(3) distributing captioned and described videos

17 or educational materials through such mechanisms

18 as a loan service;

19 ‘‘(4) providing free educational materials, in20 cluding textbooks, in accessible media for visually

21 impaired and print-disabled students in elementary,

22 secondary, postsecondary, and graduate schools;

23 ‘‘(5) providing cultural experiences through ap24 propriate nonprofit organizations, such as the Na25 tional Theater of the Deaf, that—
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1 ‘‘(A) enrich the lives of deaf and hard-of2 hearing children and adults;

3 ‘‘(B) increase public awareness and under4 standing of deafness and of the artistic and in5 tellectual achievements of deaf and hard-of6 hearing persons; or

7 ‘‘(C) promote the integration of hearing,

8 deaf, and hard-of-hearing persons through

9 shared cultural, educational, and social experi10 ences; and

11 ‘‘(6) compiling and analyzing appropriate data

12 relating to the activities described in paragraphs (1)

13 through (5).

14 ‘‘(d) APPLICATIONS.—Any eligible entity that wishes

15 to receive a grant, or enter into a contract or cooperative

16 agreement, under this section shall submit an application

17 to the Secretary at such time, in such manner, and con18 taining such information as the Secretary may require.

19 ‘‘(e) AUTHORIZATION OF APPROPRIATIONS.—There

20 are authorized to be appropriated to carry out this section

21 such sums as may be necessary for each of the fiscal years

22 1998 through 2002.’’.
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1 TITLE II—MISCELLANEOUS

2 PROVISIONS

3 SEC. 201. EFFECTIVE DATES.

4 (a) PARTS A AND B.—

5 (1) IN GENERAL.—Except as provided in para6 graph (2), parts A and B of the Individuals with

7 Disabilities Education Act, as amended by title I,

8 shall take effect upon the enactment of this Act.

9 (2) EXCEPTIONS.—

10 (A) IN GENERAL.—Sections 612(a)(4),

11 612(a)(14), 612(a)(16), 614(d) (except for

12 paragraph (6)), and 618 of the Individuals with

13 Disabilities Education Act, as amended by title

14 I, shall take effect on July 1, 1998.

15 (B) SECTION 617.—Section 617 of the In16 dividuals with Disabilities Education Act, as

17 amended by title I, shall take effect on October

18 1, 1997.

19 (C) INDIVIDUALIZED EDUCATION PRO20 GRAMS AND COMPREHENSIVE SYSTEM OF PER21 SONNEL DEVELOPMENT.—Section 618 of the

22 Individuals with Disabilities Education Act, as

23 in effect on the day before the date of the en24 actment of this Act, and the provisions of parts

25 A and B of the Individuals with Disabilities
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1 Education Act relating to individualized edu2 cation programs and the State’s comprehensive

3 system of personnel development, as so in ef4 fect, shall remain in effect until July 1, 1998.

5 (D) SECTIONS 611 AND 619.—Sections 611

6 and 619, as amended by title I, shall take effect

7 beginning with funds appropriated for fiscal

8 year 1998.

9 (b) PART C.—Part C of the Individuals with Disabil10 ities Education Act, as amended by title I, shall take effect

11 on July 1, 1998.

12 (c) PART D.—

13 (1) IN GENERAL.—Except as provided in para14 graph (2), part D of the Individuals with Disabilities

15 Education Act, as amended by title I, shall take ef16 fect on October 1, 1997.

17 (2) EXCEPTION.—Paragraphs (1) and (2) of

18 section 661(g) of the Individuals with Disabilities

19 Education Act, as amended by title I, shall take ef20 fect on January 1, 1998.

21 SEC. 202. TRANSITION.

22 Notwithstanding any other provision of law, begin23 ning on October 1, 1997, the Secretary of Education may

24 use funds appropriated under part D of the Individuals

25 with Disabilities Education Act to make continuation
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1 awards for projects that were funded under section 618

2 and parts C through G of such Act (as in effect on Sep3 tember 30, 1997).

4 SEC. 203. REPEALERS.

5 (a) PART I.—Effective October 1, 1998, part I of the

6 Individuals with Disabilities Education Act is hereby re7 pealed.

8 (b) PART H.—Effective July 1, 1998, part H of such

9 Act is hereby repealed.

10 (c) PARTS C, E, F, AND G.—Effective October 1,

11 1997, parts C, E, F, and G of such Act are hereby re12 pealed.

Passed the House of Representatives May 13, 1997.

Attest:

Clerk.