H. R. 5

One Hundred Fifth Congress

of the

United States of America

AT THE FIRST SESSION

Begun and held at the City of Washington on Tuesday,

the seventh day of January, one thousand nine hundred and ninety-seven

An Act

To amend the Individuals with Disabilities Education Act, to reauthorize and make

improvements to that Act, and for other purposes.

Be it enacted by the Senate and House of Representatives of

the United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

This Act may be cited as the ‘‘Individuals with Disabilities

Education Act Amendments of 1997’’.

TITLE I—AMENDMENTS TO THE

INDIVIDUALS WITH DISABILITIES

EDUCATION ACT

SEC. 101. AMENDMENTS TO THE INDIVIDUALS WITH DISABILITIES

EDUCATION ACT.

Parts A through D of the Individuals with Disabilities

Education Act (20 U.S.C. 1400 et seq.) are amended to read as

follows:

‘‘PART A—GENERAL PROVISIONS

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

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

with Disabilities Education Act’.

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

‘‘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.
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‘‘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.

‘‘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.

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

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

and in no way diminishes the right of individuals to participate

in or contribute to society. Improving educational results for

children with disabilities is an essential element of our national

policy of ensuring equality of opportunity, full participation,

independent living, and economic self-sufficiency for individuals

with disabilities.

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

for All Handicapped Children Act of 1975 (Public Law 94–

142)—
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‘‘(A) the special educational needs of children with

disabilities were not being fully met;

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

in the United States did not receive appropriate educational

services that would enable such children to have full equality of opportunity;

‘‘(C) 1,000,000 of the children with disabilities in the

United States were excluded entirely from the public school

system and did not go through the educational process

with their peers;

‘‘(D) there were many children with disabilities

throughout the United States participating in regular

school programs whose disabilities prevented such children

from having a successful educational experience because

their disabilities were undetected; and

‘‘(E) because of the lack of adequate services within

the public school system, families were often forced to

find services outside the public school system, often at

great distance from their residence and at their own

expense.

‘‘(3) Since the enactment and implementation of the Education for All Handicapped Children Act of 1975, this Act

has been successful in ensuring children with disabilities and

the families of such children access to a free appropriate public

education and in improving educational results for children

with disabilities.

‘‘(4) However, the implementation of this Act has been

impeded by low expectations, and an insufficient focus on applying replicable research on proven methods of teaching and

learning for children with disabilities.

‘‘(5) Over 20 years of research and experience has demonstrated that the education of children with disabilities can

be made more effective by—

‘‘(A) having high expectations for such children and

ensuring their access in the general curriculum to the

maximum extent possible;

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

that families of such children have meaningful opportunities to participate in the education of their children at

school and at home;

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

service agency, State, and Federal school improvement

efforts in order to ensure that such children benefit from

such efforts and that special education can become a service

for such children rather than a place where they are sent;

‘‘(D) providing appropriate special education and

related services and aids and supports in the regular classroom to such children, whenever appropriate;

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

development for all personnel who work with such children

in order to ensure that they have the skills and knowledge

necessary to enable them—

‘‘(i) to meet developmental goals and, to the maximum extent possible, those challenging expectations

that have been established for all children; and

‘‘(ii) to be prepared to lead productive, independent,

adult lives, to the maximum extent possible;
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‘‘(F) providing incentives for whole-school approaches

and pre-referral intervention to reduce the need to label

children as disabled in order to address their learning

needs; and

‘‘(G) focusing resources on teaching and learning while

reducing paperwork and requirements that do not assist

in improving educational results.

‘‘(6) While States, local educational agencies, and educational service agencies are responsible for providing an

education for all children with disabilities, it is in the national

interest that the Federal Government have a role in assisting

State and local efforts to educate children with disabilities

in order to improve results for such children and to ensure

equal protection of the law.

‘‘(7)(A) The Federal Government must be responsive to

the growing needs of an increasingly more diverse society.

A more equitable allocation of resources is essential for the

Federal Government to meet its responsibility to provide an

equal educational opportunity for all individuals.

‘‘(B) America’s racial profile is rapidly changing. Between

1980 and 1990, the rate of increase in the population for white

Americans was 6 percent, while the rate of increase for racial

and ethnic minorities was much higher: 53 percent for Hispanics, 13.2 percent for African-Americans, and 107.8 percent

for Asians.

‘‘(C) By the year 2000, this Nation will have 275,000,000

people, nearly one of every three of whom will be either AfricanAmerican, Hispanic, Asian-American, or American Indian.

‘‘(D) Taken together as a group, minority children are

comprising an ever larger percentage of public school students.

Large-city school populations are overwhelmingly minority, for

example: for fall 1993, the figure for Miami was 84 percent;

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

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

‘‘(E) Recruitment efforts within special education must

focus on bringing larger numbers of minorities into the profession in order to provide appropriate practitioner knowledge,

role models, and sufficient manpower to address the clearly

changing demography of special education.

‘‘(F) The limited English proficient population is the fastest

growing in our Nation, and the growth is occurring in many

parts of our Nation. In the Nation’s 2 largest school districts,

limited English proficient students make up almost half of

all students initially entering school at the kindergarten level.

Studies have documented apparent discrepancies in the levels

of referral and placement of limited English proficient children

in special education. The Department of Education has found

that services provided to limited English proficient students

often do not respond primarily to the pupil’s academic needs.

These trends pose special challenges for special education in

the referral, assessment, and services for our Nation’s students

from non-English language backgrounds.

‘‘(8)(A) Greater efforts are needed to prevent the intensification of problems connected with mislabeling and high dropout

rates among minority children with disabilities.
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‘‘(B) More minority children continue to be served in special

education than would be expected from the percentage of minority students in the general school population.

‘‘(C) Poor African-American children are 2.3 times more

likely to be identified by their teacher as having mental retardation than their white counterpart.

‘‘(D) Although African-Americans represent 16 percent of

elementary and secondary enrollments, they constitute 21 percent of total enrollments in special education.

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

than for whites.

‘‘(F) More than 50 percent of minority students in large

cities drop out of school.

‘‘(9)(A) The opportunity for full participation in awards

for grants and contracts; boards of organizations receiving funds

under this Act; and peer review panels; and training of professionals in the area of special education by minority individuals,

organizations, and historically black colleges and universities

is essential if we are to obtain greater success in the education

of minority children with disabilities.

‘‘(B) In 1993, of the 915,000 college and university professors, 4.9 percent were African-American and 2.4 percent were

Hispanic. Of the 2,940,000 teachers, prekindergarten through

high school, 6.8 percent were African-American and 4.1 percent

were Hispanic.

‘‘(C) Students from minority groups comprise more than

50 percent of K–12 public school enrollment in seven States

yet minority enrollment in teacher training programs is less

than 15 percent in all but six States.

‘‘(D) As the number of African-American and Hispanic students in special education increases, the number of minority

teachers and related service personnel produced in our colleges

and universities continues to decrease.

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

force in public elementary and secondary schools were members

of a minority group. Minorities comprised 21 percent of the

national population at that time and were clearly underrepresented then among employed teachers. Today, the elementary

and secondary teaching force is 13 percent minority, while

one-third of the students in public schools are minority children.

‘‘(F) As recently as 1991, historically black colleges and

universities enrolled 44 percent of the African-American teacher

trainees in the Nation. However, in 1993, historically black

colleges and universities received only 4 percent of the discretionary funds for special education and related services personnel training under this Act.

‘‘(G) While African-American students constitute 28 percent

of total enrollment in special education, only 11.2 percent of

individuals enrolled in preservice training programs for special

education are African-American.

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

at the B.A., M.A., and Ph.D. levels, only 6, 8, and 8 percent,

respectively, were awarded to African-American or Hispanic

students.

‘‘(10) Minorities and underserved persons are socially disadvantaged because of the lack of opportunities in training

and educational programs, undergirded by the practices in the
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private sector that impede their full participation in the mainstream of society.

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

‘‘(1)(A) to ensure that all children with disabilities have

available to them a free appropriate public education that

emphasizes special education and related services designed to

meet their unique needs and prepare them for employment

and independent living;

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

and parents of such children are protected; and

‘‘(C) to assist States, localities, educational service agencies,

and Federal agencies to provide for the education of all children

with disabilities;

‘‘(2) to assist States in the implementation of a statewide,

comprehensive, coordinated, multidisciplinary, interagency system of early intervention services for infants and toddlers with

disabilities and their families;

‘‘(3) to ensure that educators and parents have the necessary tools to improve educational results for children with

disabilities by supporting systemic-change activities; coordinated research and personnel preparation; coordinated

technical assistance, dissemination, and support; and technology development and media services; and

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

educate children with disabilities.

‘‘SEC. 602. DEFINITIONS.

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

‘‘(1) ASSISTIVE TECHNOLOGY DEVICE.—The term ‘assistive

technology device’ means any item, piece of equipment, or product system, whether acquired commercially off the shelf,

modified, or customized, that is used to increase, maintain,

or improve functional capabilities of a child with a disability.

‘‘(2) ASSISTIVE TECHNOLOGY SERVICE.—The term ‘assistive

technology service’ means any service that directly assists a

child with a disability in the selection, acquisition, or use of

an assistive technology device. Such term includes—

‘‘(A) the evaluation of the needs of such child, including

a functional evaluation of the child in the child’s customary

environment;

‘‘(B) purchasing, leasing, or otherwise providing for

the acquisition of assistive technology devices by such child;

‘‘(C) selecting, designing, fitting, customizing, adapting,

applying, maintaining, repairing, or replacing of assistive

technology devices;

‘‘(D) coordinating and using other therapies, interventions, or services with assistive technology devices, such

as those associated with existing education and rehabilitation plans and programs;

‘‘(E) training or technical assistance for such child,

or, where appropriate, the family of such child; and

‘‘(F) training or technical assistance for professionals

(including individuals providing education and rehabilitation services), employers, or other individuals who provide

services to, employ, or are otherwise substantially involved

in the major life functions of such child.

‘‘(3) CHILD WITH A DISABILITY.—
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‘‘(A) IN GENERAL.—The term ‘child with a disability ’

means a child—

‘‘(i) with mental retardation, hearing impairments

(including deafness), speech or language impairments,

visual impairments (including blindness), serious emotional disturbance (hereinafter referred to as ‘emotional

disturbance’), orthopedic impairments, autism, traumatic brain injury, other health impairments, or

specific learning disabilities; and

‘‘(ii) who, by reason thereof, needs special education and related services.

‘‘(B) CHILD AGED 3 THROUGH 9.—The term ‘child with

a disability ’ for a child aged 3 through 9 may, at the

discretion of the State and the local educational agency,

include a child—

‘‘(i) experiencing developmental delays, as defined

by the State and as measured by appropriate diagnostic

instruments and procedures, in one or more of the

following areas: physical development, cognitive

development, communication development, social or

emotional development, or adaptive development; and

‘‘(ii) who, by reason thereof, needs special education and related services.

‘‘(4) EDUCATIONAL SERVICE AGENCY.—The term ‘educational

service agency’—

‘‘(A) means a regional public multiservice agency—

‘‘(i) authorized by State law to develop, manage,

and provide services or programs to local educational

agencies; and

‘‘(ii) recognized as an administrative agency for

purposes of the provision of special education and

related services provided within public elementary and

secondary schools of the State; and

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

having administrative control and direction over a public

elementary or secondary school.

‘‘(5) ELEMENTARY SCHOOL.—The term ‘elementary school’

means a nonprofit institutional day or residential school that

provides elementary education, as determined under State law.

‘‘(6) EQUIPMENT.—The term ‘equipment’ includes—

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

any necessary enclosures or structures to house such

machinery, utilities, or equipment; and

‘‘(B) all other items necessary for the functioning of

a particular facility as a facility for the provision of educational services, including items such as instructional

equipment and necessary furniture; printed, published, and

audio-visual instructional materials; telecommunications,

sensory, and other technological aids and devices; and

books, periodicals, documents, and other related materials.

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

costs that are in excess of the average annual per-student

expenditure in a local educational agency during the preceding

school year for an elementary or secondary school student,

as may be appropriate, and which shall be computed after

deducting—

‘‘(A) amounts received—
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‘‘(i) under part B of this title;

‘‘(ii) under part A of title I of the Elementary

and Secondary Education Act of 1965; or

‘‘(iii) under part A of title VII of that Act; and

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

that would qualify for assistance under any of those parts.

‘‘(8) FREE APPROPRIATE PUBLIC EDUCATION.—The term ‘free

appropriate public education’ means special education and

related services that—

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

supervision and direction, and without charge;

‘‘(B) meet the standards of the State educational

agency;

‘‘(C) include an appropriate preschool, elementary, or

secondary school education in the State involved; and

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

education program required under section 614(d).

‘‘(9) INDIAN.—The term ‘Indian’ means an individual who

is a member of an Indian tribe.

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

Federal or State Indian tribe, band, rancheria, pueblo, colony,

or community, including any Alaska Native village or regional

village corporation (as defined in or established under the

Alaska Native Claims Settlement Act).

‘‘(11) INDIVIDUALIZED EDUCATION PROGRAM.—The term

‘individualized education program’ or ‘IEP ’ means a written

statement for each child with a disability that is developed,

reviewed, and revised in accordance with section 614(d).

‘‘(12) INDIVIDUALIZED FAMILY SERVICE PLAN.—The term

‘individualized family service plan’ has the meaning given such

term in section 636.

‘‘(13) INFANT OR TODDLER WITH A DISABILITY.—The term

‘infant or toddler with a disability ’ has the meaning given

such term in section 632.

‘‘(14) INSTITUTION OF HIGHER EDUCATION.—The term

‘institution of higher education’—

‘‘(A) has the meaning given that term in section 1201(a)

of the Higher Education Act of 1965; and

‘‘(B) also includes any community college receiving

funding from the Secretary of the Interior under the Tribally Controlled Community College Assistance Act of 1978.

‘‘(15) LOCAL EDUCATIONAL AGENCY.— ‘‘(A) The term ‘local educational agency’ means a public

board of education or other public authority legally constituted within a State for either administrative control

or direction of, or to perform a service function for, public

elementary or secondary schools in a city, county, township,

school district, or other political subdivision of a State,

or for such combination of school districts or counties as

are recognized in a State as an administrative agency

for its public elementary or secondary schools.

‘‘(B) The term includes—

‘‘(i) an educational service agency, as defined in

paragraph (4); and

‘‘(ii) any other public institution or agency having

administrative control and direction of a public

elementary or secondary school.
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‘‘(C) The term includes an elementary or secondary

school funded by the Bureau of Indian Affairs, but only

to the extent that such inclusion makes the school eligible

for programs for which specific eligibility is not provided

to the school in another provision of law and the school

does not have a student population that is smaller than

the student population of the local educational agency

receiving assistance under this Act with the smallest student population, except that the school shall not be subject

to the jurisdiction of any State educational agency other

than the Bureau of Indian Affairs.

‘‘(16) NATIVE LANGUAGE.—The term ‘native language’, when

used with reference to an individual of limited English proficiency, means the language normally used by the individual,

or in the case of a child, the language normally used by the

parents of the child.

‘‘(17) NONPROFIT.—The term ‘nonprofit’, as applied to a

school, agency, organization, or institution, means a school,

agency, organization, or institution owned and operated by

one or more nonprofit corporations or associations no part of

the net earnings of which inures, or may lawfully inure, to

the benefit of any private shareholder or individual.

‘‘(18) OUTLYING AREA.—The term ‘outlying area’ means the

United States Virgin Islands, Guam, American Samoa, and

the Commonwealth of the Northern Mariana Islands.

‘‘(19) PARENT.—The term ‘parent’—

‘‘(A) includes a legal guardian; and

‘‘(B) except as used in sections 615(b)(2) and 639(a)(5),

includes an individual assigned under either of those sections to be a surrogate parent.

‘‘(20) PARENT ORGANIZATION.—The term ‘parent organization’ has the meaning given that term in section 682(g).

‘‘(21) PARENT TRAINING AND INFORMATION CENTER.—The

term ‘parent training and information center’ means a center

assisted under section 682 or 683.

‘‘(22) RELATED SERVICES.—The term ‘related services’

means transportation, and such developmental, corrective, and

other supportive services (including speech-language pathology

and audiology services, psychological services, physical and

occupational therapy, recreation, including therapeutic recreation, social work services, counseling services, including

rehabilitation counseling, orientation and mobility services, and

medical services, except that such medical services shall be

for diagnostic and evaluation purposes only) as may be required

to assist a child with a disability to benefit from special education, and includes the early identification and assessment

of disabling conditions in children.

‘‘(23) SECONDARY SCHOOL.—The term ‘secondary school’

means a nonprofit institutional day or residential school that

provides secondary education, as determined under State law,

except that it does not include any education beyond grade

12.

‘‘(24) SECRETARY.—The term ‘Secretary’ means the Secretary of Education.

‘‘(25) SPECIAL EDUCATION.—The term ‘special education’

means specially designed instruction, at no cost to parents,

to meet the unique needs of a child with a disability, including—
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‘‘(A) instruction conducted in the classroom, in the

home, in hospitals and institutions, and in other settings;

and

‘‘(B) instruction in physical education.

‘‘(26) SPECIFIC LEARNING DISABILITY.—

‘‘(A) IN GENERAL.—The term ‘specific learning disability ’ means a disorder in one or more of the basic

psychological processes involved in understanding or in

using language, spoken or written, which disorder may

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

read, write, spell, or do mathematical calculations.

‘‘(B) DISORDERS INCLUDED.—Such term includes such

conditions as perceptual disabilities, brain injury, minimal

brain dysfunction, dyslexia, and developmental aphasia.

‘‘(C) DISORDERS NOT INCLUDED.—Such term does not

include a learning problem that is primarily the

result of visual, hearing, or motor disabilities, of mental

retardation, of emotional disturbance, or of environmental,

cultural, or economic disadvantage.

‘‘(27) STATE.—The term ‘State’ means each of the 50 States,

the District of Columbia, the Commonwealth of Puerto Rico,

and each of the outlying areas.

‘‘(28) STATE EDUCATIONAL AGENCY.—The term ‘State educational agency’ means the State board of education or other

agency or officer primarily responsible for the State supervision

of public elementary and secondary schools, or, if there is

no such officer or agency, an officer or agency designated by

the Governor or by State law.

‘‘(29) SUPPLEMENTARY AIDS AND SERVICES.—The term

‘supplementary aids and services’ means, aids, services, and

other supports that are provided in regular education classes

or other education-related settings to enable children with

disabilities to be educated with nondisabled children to the

maximum extent appropriate in accordance with section

612(a)(5).

‘‘(30) TRANSITION SERVICES.—The term ‘transition services’

means a coordinated set of activities for a student with a

disability that—

‘‘(A) is designed within an outcome-oriented process,

which promotes movement from school to post-school

activities, including post-secondary education, vocational

training, integrated employment (including supported

employment), continuing and adult education, adult services, independent living, or community participation;

‘‘(B) is based upon the individual student’s needs, taking into account the student’s preferences and interests;

and

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

experiences, the development of employment and other

post-school adult living objectives, and, when appropriate,

acquisition of daily living skills and functional vocational

evaluation.

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

‘‘(a) ESTABLISHMENT.—There shall be, within the Office of Special Education and Rehabilitative Services in the Department of

Education, an Office of Special Education Programs, which shall
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be the principal agency in such Department for administering and

carrying out this Act and other programs and activities concerning

the education of children with disabilities.

‘‘(b) DIRECTOR.—The Office established under subsection (a)

shall be headed by a Director who shall be selected by the Secretary

and shall report directly to the Assistant Secretary for Special

Education and Rehabilitative Services.

‘‘(c) VOLUNTARY AND UNCOMPENSATED SERVICES.—Notwithstanding section 1342 of title 31, United States Code, the Secretary

is authorized to accept voluntary and uncompensated services in

furtherance of the purposes of this Act.

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

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

eleventh amendment to the Constitution of the United States from

suit in Federal court for a violation of this Act.

‘‘(b) REMEDIES.—In a suit against a State for a violation of

this Act, remedies (including remedies both at law and in equity)

are available for such a violation to the same extent as those

remedies are available for such a violation in the suit against

any public entity other than a State.

‘‘(c) EFFECTIVE DATE.—Subsections (a) and (b) apply with

respect to violations that occur in whole or part after the date

of the enactment of the Education of the Handicapped Act Amendments of 1990.

‘‘SEC. 605. ACQUISITION OF EQUIPMENT; CONSTRUCTION OR ALTERATION OF FACILITIES.

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

authorized under this Act would be improved by permitting program

funds to be used to acquire appropriate equipment, or to construct

new facilities or alter existing facilities, the Secretary is authorized

to allow the use of those funds for those purposes.

‘‘(b) COMPLIANCE WITH CERTAIN REGULATIONS.—Any construction of new facilities or alteration of existing facilities under

subsection (a) shall comply with the requirements of—

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

Regulations (commonly known as the ‘Americans with Disabilities Accessibility Guidelines for Buildings and Facilities’); or

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

Regulations (commonly known as the ‘Uniform Federal Accessibility Standards’).

‘‘SEC. 606. EMPLOYMENT OF INDIVIDUALS WITH DISABILITIES.

‘‘The Secretary shall ensure that each recipient of assistance

under this Act makes positive efforts to employ and advance in

employment qualified individuals with disabilities in programs

assisted under this Act.

‘‘SEC. 607. REQUIREMENTS FOR PRESCRIBING REGULATIONS.

‘‘(a) PUBLIC COMMENT PERIOD.—The Secretary shall provide

a public comment period of at least 90 days on any regulation

proposed under part B or part C of this Act on which an opportunity

for public comment is otherwise required by law.

‘‘(b) PROTECTIONS PROVIDED TO CHILDREN.—The Secretary may

not implement, or publish in final form, any regulation prescribed

pursuant to this Act that would procedurally or substantively lessen

the protections provided to children with disabilities under this
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Act, as embodied in regulations in effect on July 20, 1983 (particularly as such protections relate to parental consent to initial

evaluation or initial placement in special education, least restrictive

environment, related services, timelines, attendance of evaluation

personnel at individualized education program meetings, or qualifications of personnel), except to the extent that such regulation

reflects the clear and unequivocal intent of the Congress in legislation.

‘‘(c) POLICY LETTERS AND STATEMENTS.—The Secretary may

not, through policy letters or other statements, establish a rule

that is required for compliance with, and eligibility under, this

part without following the requirements of section 553 of title

5, United States Code.

‘‘(d) CORRESPONDENCE FROM DEPARTMENT OF EDUCATION

DESCRIBING INTERPRETATIONS OF THIS PART.—

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

publish in the Federal Register, and widely disseminate to

interested entities through various additional forms of communication, a list of correspondence from the Department of

Education received by individuals during the previous quarter

that describes the interpretations of the Department of Education of this Act or the regulations implemented pursuant

to this Act.

‘‘(2) ADDITIONAL INFORMATION.—For each item of

correspondence published in a list under paragraph (1), the

Secretary shall identify the topic addressed by the correspondence and shall include such other summary information as

the Secretary determines to be appropriate.

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

receives a written request regarding a policy, question, or

interpretation under part B of this Act, and determines that it

raises an issue of general interest or applicability of national significance to the implementation of part B, the Secretary shall—

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

response;

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

agencies, local educational agencies, parent and advocacy

organizations, and other interested organizations, subject to

applicable laws relating to confidentiality of information; and

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

Secretary responds to the written request, issue written guidance on such policy, question, or interpretation through such

means as the Secretary determines to be appropriate and

consistent with law, such as a policy memorandum, notice

of interpretation, or notice of proposed rulemaking.

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

under subsection (e) regarding a policy, question, or interpretation

under part B of this Act shall include an explanation that the

written response—

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

binding; and

‘‘(2) represents the interpretation by the Department of

Education of the applicable statutory or regulatory requirements in the context of the specific facts presented.
H. R. 5—13

‘‘PART B—ASSISTANCE FOR EDUCATION OF

ALL CHILDREN WITH DISABILITIES

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

‘‘(a) GRANTS TO STATES.—

‘‘(1) PURPOSE OF GRANTS.—The Secretary shall make grants

to States and the outlying areas, and provide funds to the

Secretary of the Interior, to assist them to provide special

education and related services to children with disabilities in

accordance with this part.

‘‘(2) MAXIMUM AMOUNTS.—The maximum amount of the

grant a State may receive under this section for any fiscal

year is—

‘‘(A) the number of children with disabilities in the

State who are receiving special education and related services—

‘‘(i) aged 3 through 5 if the State is eligible for

a grant under section 619; and

‘‘(ii) aged 6 through 21; multiplied by

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

in public elementary and secondary schools in the United

States.

‘‘(b) OUTLYING AREAS AND FREELY ASSOCIATED STATES.—

‘‘(1) FUNDS RESERVED.—From the amount appropriated for

any fiscal year under subsection (j), the Secretary shall reserve

not more than one percent, which shall be used—

‘‘(A) to provide assistance to the outlying areas in

accordance with their respective populations of individuals

aged 3 through 21; and

‘‘(B) for fiscal years 1998 through 2001, to carry out

the competition described in paragraph (2), except that

the amount reserved to carry out that competition shall

not exceed the amount reserved for fiscal year 1996 for

the competition under part B of this Act described under

the heading ‘‘SPECIAL EDUCATION’’ in Public Law 104–

134.

‘‘(2) LIMITATION FOR FREELY ASSOCIATED STATES.—

‘‘(A) COMPETITIVE GRANTS.—The Secretary shall use

funds described in paragraph (1)(B) to award grants, on

a competitive basis, to Guam, American Samoa, the

Commonwealth of the Northern Mariana Islands, and the

freely associated States to carry out the purposes of this

part.

‘‘(B) AWARD BASIS.—The Secretary shall award grants

under subparagraph (A) on a competitive basis, pursuant

to the recommendations of the Pacific Region Educational

Laboratory in Honolulu, Hawaii. Those recommendations

shall be made by experts in the field of special education

and related services.

‘‘(C) ASSISTANCE REQUIREMENTS.—Any freely associated State that wishes to receive funds under this part

shall include, in its application for assistance—

‘‘(i) information demonstrating that it will meet

all conditions that apply to States under this part;
H. R. 5—14

‘‘(ii) an assurance that, notwithstanding any other

provision of this part, it will use those funds only

for the direct provision of special education and related

services to children with disabilities and to enhance

its capacity to make a free appropriate public education

available to all children with disabilities;

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

funds, in addition to funds under this part, that it

will make available to ensure that a free appropriate

public education is available to all children with

disabilities within its jurisdiction; and

‘‘(iv) such other information and assurances as the

Secretary may require.

‘‘(D) TERMINATION OF ELIGIBILITY.—Notwithstanding

any other provision of law, the freely associated States

shall not receive any funds under this part for any program

year that begins after September 30, 2001.

‘‘(E) ADMINISTRATIVE COSTS.—The Secretary may provide not more than five percent of the amount reserved

for grants under this paragraph to pay the administrative

costs of the Pacific Region Educational Laboratory under

subparagraph (B).

‘‘(3) LIMITATION.—An outlying area is not eligible for a

competitive award under paragraph (2) unless it receives assistance under paragraph (1)(A).

‘‘(4) SPECIAL RULE.—The provisions of Public Law 95–134,

permitting the consolidation of grants by the outlying areas,

shall not apply to funds provided to those areas or to the

freely associated States under this section.

‘‘(5) ELIGIBILITY FOR DISCRETIONARY PROGRAMS.—The freely

associated States shall be eligible to receive assistance under

subpart 2 of part D of this Act until September 30, 2001.

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

‘freely associated States’ means the Republic of the Marshall

Islands, the Federated States of Micronesia, and the Republic

of Palau.

‘‘(c) SECRETARY OF THE INTERIOR.—From the amount appropriated for any fiscal year under subsection (j), the Secretary shall

reserve 1.226 percent to provide assistance to the Secretary of

the Interior in accordance with subsection (i).

‘‘(d) ALLOCATIONS TO STATES.—

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

evaluations under section 674(e), and for payments to the outlying areas and the Secretary of the Interior under subsections

(b) and (c), the Secretary shall allocate the remaining amount

among the States in accordance with paragraph (2) or subsection (e), as the case may be.

‘‘(2) INTERIM FORMULA.—Except as provided in subsection

(e), the Secretary shall allocate the amount described in paragraph (1) among the States in accordance with section 611(a)(3),

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

prior to the enactment of the Individuals with Disabilities

Education Act Amendments of 1997, except that the determination of the number of children with disabilities receiving special

education and related services under such section 611(a)(3)

may, at the State’s discretion, be calculated as of the last
H. R. 5—15

Friday in October or as of December 1 of the fiscal year for

which the funds are appropriated.

‘‘(e) PERMANENT FORMULA.—

‘‘(1) ESTABLISHMENT OF BASE YEAR.—The Secretary shall

allocate the amount described in subsection (d)(1) among the

States in accordance with this subsection for each fiscal year

beginning with the first fiscal year for which the amount appropriated under subsection (j) is more than $4,924,672,200.

‘‘(2) USE OF BASE YEAR.—

‘‘(A) DEFINITION.—As used in this subsection, the term

‘base year’ means the fiscal year preceding the first fiscal

year in which this subsection applies.

‘‘(B) SPECIAL RULE FOR USE OF BASE YEAR AMOUNT.—

If a State received any funds under this section for the

base year on the basis of children aged 3 through 5, but

does not make a free appropriate public education available

to all children with disabilities aged 3 through 5 in the

State in any subsequent fiscal year, the Secretary shall

compute the State’s base year amount, solely for the purpose of calculating the State’s allocation in that subsequent

year under paragraph (3) or (4), by subtracting the amount

allocated to the State for the base year on the basis of

those children.

‘‘(3) INCREASE IN FUNDS.—If the amount available for allocations to States under paragraph (1) is equal to or greater

than the amount allocated to the States under this paragraph

for the preceding fiscal year, those allocations shall be calculated as follows:

‘‘(A)(i) Except as provided in subparagraph (B), the

Secretary shall—

‘‘(I) allocate to each State the amount it received

for the base year;

‘‘(II) allocate 85 percent of any remaining funds

to States on the basis of their relative populations

of children aged 3 through 21 who are of the same

age as children with disabilities for whom the State

ensures the availability of a free appropriate public

education under this part; and

‘‘(III) allocate 15 percent of those remaining funds

to States on the basis of their relative populations

of children described in subclause (II) who are living

in poverty.

‘‘(ii) For the purpose of making grants under this paragraph, the Secretary shall use the most recent population

data, including data on children living in poverty, that

are available and satisfactory to the Secretary.

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

under this paragraph shall be subject to the following:

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

allocation for the preceding fiscal year.

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

greatest of—

‘‘(I) the sum of—

‘‘(aa) the amount it received for the base

year; and

‘‘(bb) one third of one percent of the

amount by which the amount appropriated
H. R. 5—16

under subsection (j) exceeds the amount appropriated under this section for the base year;

‘‘(II) the sum of—

‘‘(aa) the amount it received for the

preceding fiscal year; and

‘‘(bb) that amount multiplied by the

percentage by which the increase in the funds

appropriated from the preceding fiscal year

exceeds 1.5 percent; or

‘‘(III) the sum of—

‘‘(aa) the amount it received for the

preceding fiscal year; and

‘‘(bb) that amount multiplied by 90 percent

of the percentage increase in the amount

appropriated from the preceding fiscal year.

‘‘(iii) Notwithstanding clause (ii), no State’s allocation under this paragraph shall exceed the sum of—

‘‘(I) the amount it received for the preceding

fiscal year; and

‘‘(II) that amount multiplied by the sum of

1.5 percent and the percentage increase in the

amount appropriated.

‘‘(C) If the amount available for allocations under this

paragraph is insufficient to pay those allocations in full,

those allocations shall be ratably reduced, subject to

subparagraph (B)(i).

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

allocations to States under paragraph (1) is less than the

amount allocated to the States under this section for the preceding fiscal year, those allocations shall be calculated as follows:

‘‘(A) If the amount available for allocations is greater

than the amount allocated to the States for the base year,

each State shall be allocated the sum of—

‘‘(i) the amount it received for the base year; and

‘‘(ii) an amount that bears the same relation to

any remaining funds as the increase the State received

for the preceding fiscal year over the base year bears

to the total of all such increases for all States.

‘‘(B)(i) If the amount available for allocations is equal

to or less than the amount allocated to the States for

the base year, each State shall be allocated the amount

it received for the base year.

‘‘(ii) If the amount available is insufficient to make

the allocations described in clause (i), those allocations

shall be ratably reduced.

‘‘(f ) STATE-LEVEL ACTIVITIES.—

‘‘(1) GENERAL.—

‘‘(A) Each State may retain not more than the amount

described in subparagraph (B) for administration and other

State-level activities in accordance with paragraphs (2) and

(3).

‘‘(B) For each fiscal year, the Secretary shall determine

and report to the State educational agency an amount

that is 25 percent of the amount the State received under

this section for fiscal year 1997, cumulatively adjusted

by the Secretary for each succeeding fiscal year by the

lesser of—
H. R. 5—17

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

preceding fiscal year in the State’s allocation under

this section; or

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

percentage increase, if any, from the preceding fiscal

year in the Consumer Price Index For All Urban

Consumers, published by the Bureau of Labor Statistics of the Department of Labor.

‘‘(C) A State may use funds it retains under subparagraph (A) without regard to—

‘‘(i) the prohibition on commingling of funds in

section 612(a)(18)(B); and

‘‘(ii) the prohibition on supplanting other funds

in section 612(a)(18)(C).

‘‘(2) STATE ADMINISTRATION.—

‘‘(A) For the purpose of administering this part, including section 619 (including the coordination of activities

under this part with, and providing technical assistance

to, other programs that provide services to children with

disabilities)—

‘‘(i) each State may use not more than twenty

percent of the maximum amount it may retain under

paragraph (1)(A) for any fiscal year or $500,000

(adjusted by the cumulative rate of inflation since fiscal

year 1998, as measured by the percentage increase,

if any, in the Consumer Price Index For All Urban

Consumers, published by the Bureau of Labor Statistics of the Department of Labor), whichever is greater;

and

‘‘(ii) each outlying area may use up to five percent

of the amount it receives under this section for any

fiscal year or $35,000, whichever is greater.

‘‘(B) Funds described in subparagraph (A) may also

be used for the administration of part C of this Act, if

the State educational agency is the lead agency for the

State under that part.

‘‘(3) OTHER STATE-LEVEL ACTIVITIES.—Each State shall use

any funds it retains under paragraph (1) and does not use

for administration under paragraph (2) for any of the following:

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

assistance and personnel development and training.

‘‘(B) Administrative costs of monitoring and complaint

investigation, but only to the extent that those costs exceed

the costs incurred for those activities during fiscal year

1985.

‘‘(C) To establish and implement the mediation process

required by section 615(e), including providing for the costs

of mediators and support personnel.

‘‘(D) To assist local educational agencies in meeting

personnel shortages.

‘‘(E) To develop a State Improvement Plan under subpart 1 of part D.

‘‘(F) Activities at the State and local levels to meet

the performance goals established by the State under

section 612(a)(16) and to support implementation of the

State Improvement Plan under subpart 1 of part D if

the State receives funds under that subpart.
H. R. 5—18

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

and implement a Statewide coordinated services system

designed to improve results for children and families,

including children with disabilities and their families, but

not to exceed one percent of the amount received by the

State under this section. This system shall be coordinated

with and, to the extent appropriate, build on the system

of coordinated services developed by the State under part

C of this Act.

‘‘(H) For subgrants to local educational agencies for

the purposes described in paragraph (4)(A).

‘‘(4)(A) SUBGRANTS TO LOCAL EDUCATIONAL AGENCIES FOR

CAPACITY-BUILDING AND IMPROVEMENT.—In any fiscal year in

which the percentage increase in the State’s allocation under

this section exceeds the rate of inflation (as measured by the

percentage increase, if any, from the preceding fiscal year in

the Consumer Price Index For All Urban Consumers, published

by the Bureau of Labor Statistics of the Department of Labor),

each State shall reserve, from its allocation under this section,

the amount described in subparagraph (B) to make subgrants

to local educational agencies, unless that amount is less than

$100,000, to assist them in providing direct services and in

making systemic change to improve results for children with

disabilities through one or more of the following:

‘‘(i) Direct services, including alternative programming

for children who have been expelled from school, and services for children in correctional facilities, children enrolled

in State-operated or State-supported schools, and children

in charter schools.

‘‘(ii) Addressing needs or carrying out improvement

strategies identified in the State’s Improvement Plan under

subpart 1 of part D.

‘‘(iii) Adopting promising practices, materials, and technology, based on knowledge derived from education

research and other sources.

‘‘(iv) Establishing, expanding, or implementing interagency agreements and arrangements between local

educational agencies and other agencies or organizations

concerning the provision of services to children with disabilities and their families.

‘‘(v) Increasing cooperative problem-solving between

parents and school personnel and promoting the use of

alternative dispute resolution.

‘‘(B) MAXIMUM SUBGRANT.—For each fiscal year, the amount

referred to in subparagraph (A) is—

‘‘(i) the maximum amount the State was allowed to

retain under paragraph (1)(A) for the prior fiscal year,

or for fiscal year 1998, 25 percent of the State’s allocation

for fiscal year 1997 under this section; multiplied by

‘‘(ii) the difference between the percentage increase

in the State’s allocation under this section and the rate

of inflation, as measured by the percentage increase, if

any, from the preceding fiscal year in the Consumer Price

Index For All Urban Consumers, published by the Bureau

of Labor Statistics of the Department of Labor.
H. R. 5—19

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

required to be submitted to the Secretary under section 612,

each State shall annually describe—

‘‘(A) how amounts retained under paragraph (1) will

be used to meet the requirements of this part;

‘‘(B) how those amounts will be allocated among the

activities described in paragraphs (2) and (3) to meet State

priorities based on input from local educational agencies;

and

‘‘(C) the percentage of those amounts, if any, that will

be distributed to local educational agencies by formula.

‘‘(g) SUBGRANTS TO LOCAL EDUCATIONAL AGENCIES.—

‘‘(1) SUBGRANTS REQUIRED.—Each State that receives a

grant under this section for any fiscal year shall distribute

any funds it does not retain under subsection (f ) (at least

75 percent of the grant funds) to local educational agencies

in the State that have established their eligibility under section

613, and to State agencies that received funds under section

614A(a) of this Act for fiscal year 1997, as then in effect,

and have established their eligibility under section 613, for

use in accordance with this part.

‘‘(2) ALLOCATIONS TO LOCAL EDUCATIONAL AGENCIES.—

‘‘(A) INTERIM PROCEDURE.—For each fiscal year for

which funds are allocated to States under subsection (d)(2),

each State shall allocate funds under paragraph (1) in

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

prior to the enactment of the Individuals with Disabilities

Education Act Amendments of 1997.

‘‘(B) PERMANENT PROCEDURE.—For each fiscal year for

which funds are allocated to States under subsection (e),

each State shall allocate funds under paragraph (1) as

follows:

‘‘(i) BASE PAYMENTS.—The State shall first award

each agency described in paragraph (1) the amount

that agency would have received under this section

for the base year, as defined in subsection (e)(2)(A),

if the State had distributed 75 percent of its grant

for that year under section 611(d), as then in effect.

‘‘(ii) ALLOCATION OF REMAINING FUNDS.—After

making allocations under clause (i), the State shall—

‘‘(I) allocate 85 percent of any remaining funds

to those agencies on the basis of the relative numbers of children enrolled in public and private

elementary and secondary schools within the agency’s jurisdiction; and

‘‘(II) allocate 15 percent of those remaining

funds to those agencies in accordance with their

relative numbers of children living in poverty, as

determined by the State educational agency.

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

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

‘‘(i) shall use funds that are available under subsection (f )(1)(A) to ensure that each State agency that

received fiscal year 1994 funds under subpart 2 of

part D of chapter 1 of title I of the Elementary and

Secondary Education Act of 1965 receives, from the

combination of funds under subsection (f )(1)(A) and
H. R. 5—20

funds provided under paragraph (1) of this subsection,

an amount equal to—

‘‘(I) the number of children with disabilities,

aged 6 through 21, to whom the agency was providing special education and related services on

December 1 of the fiscal year for which the funds

were appropriated, subject to the limitation in

subparagraph (B); multiplied by

‘‘(II) the per-child amount provided under such

subpart for fiscal year 1994; and

‘‘(ii) may use those funds to ensure that each local

educational agency that received fiscal year 1994 funds

under that subpart for children who had transferred

from a State-operated or State-supported school or program assisted under that subpart receives, from the

combination of funds available under subsection

(f )(1)(A) and funds provided under paragraph (1) of

this subsection, an amount for each such child, aged

3 through 21 to whom the agency was providing special

education and related services on December 1 of the

fiscal year for which the funds were appropriated,

equal to the per-child amount the agency received

under that subpart for fiscal year 1994.

‘‘(B) The number of children counted under subparagraph (A)(i)(I) shall not exceed the number of children

aged 3 through 21 for whom the agency received fiscal

year 1994 funds under subpart 2 of part D of chapter

1 of title I of the Elementary and Secondary Education

Act of 1965.

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

agency determines that a local educational agency is adequately

providing a free appropriate public education to all children

with disabilities residing in the area served by that agency

with State and local funds, the State educational agency may

reallocate any portion of the funds under this part that are

not needed by that local agency to provide a free appropriate

public education to other local educational agencies in the State

that are not adequately providing special education and related

services to all children with disabilities residing in the areas

they serve.

‘‘(h) DEFINITIONS.—For the purpose of this section—

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

elementary and secondary schools in the United States’

means—

‘‘(A) without regard to the source of funds—

‘‘(i) the aggregate current expenditures, during the

second fiscal year preceding the fiscal year for which

the determination is made (or, if satisfactory data for

that year are not available, during the most recent

preceding fiscal year for which satisfactory data are

available) of all local educational agencies in the 50

States and the District of Columbia); plus

‘‘(ii) any direct expenditures by the State for the

operation of those agencies; divided by

‘‘(B) the aggregate number of children in average daily

attendance to whom those agencies provided free public

education during that preceding year; and
H. R. 5—21

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

District of Columbia, and the Commonwealth of Puerto Rico.

‘‘(i) USE OF AMOUNTS BY SECRETARY OF THE INTERIOR.—

‘‘(1) PROVISION OF AMOUNTS FOR ASSISTANCE.—

‘‘(A) IN GENERAL.—The Secretary of Education shall

provide amounts to the Secretary of the Interior to meet

the need for assistance for the education of children with

disabilities on reservations aged 5 to 21, inclusive, enrolled

in elementary and secondary schools for Indian children

operated or funded by the Secretary of the Interior. The

amount of such payment for any fiscal year shall be equal

to 80 percent of the amount allotted under subsection (c)

for that fiscal year.

‘‘(B) CALCULATION OF NUMBER OF CHILDREN.—In the

case of Indian students aged 3 to 5, inclusive, who are

enrolled in programs affiliated with the Bureau of Indian

Affairs (hereafter in this subsection referred to as ‘BIA’)

schools and that are required by the States in which such

schools are located to attain or maintain State accreditation, and which schools have such accreditation prior to

the date of enactment of the Individuals with Disabilities

Education Act Amendments of 1991, the school shall be

allowed to count those children for the purpose of distribution of the funds provided under this paragraph to the

Secretary of the Interior. The Secretary of the Interior

shall be responsible for meeting all of the requirements

of this part for these children, in accordance with paragraph (2).

‘‘(C) ADDITIONAL REQUIREMENT.—With respect to all

other children aged 3 to 21, inclusive, on reservations,

the State educational agency shall be responsible for

ensuring that all of the requirements of this part are implemented.

‘‘(2) SUBMISSION OF INFORMATION.—The Secretary of Education may provide the Secretary of the Interior amounts under

paragraph (1) for a fiscal year only if the Secretary of the

Interior submits to the Secretary of Education information

that—

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

meets the appropriate requirements, as determined by the

Secretary of Education, of sections 612 (including monitoring and evaluation activities) and 613;

‘‘(B) includes a description of how the Secretary of

the Interior will coordinate the provision of services

under this part with local educational agencies, tribes and

tribal organizations, and other private and Federal service

providers;

‘‘(C) includes an assurance that there are public hearings, adequate notice of such hearings, and an opportunity

for comment afforded to members of tribes, tribal governing

bodies, and affected local school boards before the adoption

of the policies, programs, and procedures described in

subparagraph (A);

‘‘(D) includes an assurance that the Secretary of the

Interior will provide such information as the Secretary

of Education may require to comply with section 618;
H. R. 5—22

‘‘(E) includes an assurance that the Secretary of the

Interior and the Secretary of Health and Human Services

have entered into a memorandum of agreement, to be

provided to the Secretary of Education, for the coordination

of services, resources, and personnel between their respective Federal, State, and local offices and with State and

local educational agencies and other entities to facilitate

the provision of services to Indian children with disabilities

residing on or near reservations (such agreement shall

provide for the apportionment of responsibilities and costs

including, but not limited to, child find, evaluation, diagnosis, remediation or therapeutic measures, and (where

appropriate) equipment and medical or personal supplies

as needed for a child to remain in school or a program);

and

‘‘(F) includes an assurance that the Department of

the Interior will cooperate with the Department of Education in its exercise of monitoring and oversight of this

application, and any agreements entered into between the

Secretary of the Interior and other entities under this

part, and will fulfill its duties under this part.

Section 616(a) shall apply to the information described in this

paragraph.

‘‘(3) PAYMENTS FOR EDUCATION AND SERVICES FOR INDIAN

CHILDREN WITH DISABILITIES AGED 3 THROUGH 5.—

‘‘(A) IN GENERAL.—With funds appropriated under subsection (j), the Secretary of Education shall make payments

to the Secretary of the Interior to be distributed to tribes

or tribal organizations (as defined under section 4 of the

Indian Self-Determination and Education Assistance Act)

or consortia of the above to provide for the coordination

of assistance for special education and related services

for children with disabilities aged 3 through 5 on reservations served by elementary and secondary schools for

Indian children operated or funded by the Department

of the Interior. The amount of such payments under

subparagraph (B) for any fiscal year shall be equal to

20 percent of the amount allotted under subsection (c).

‘‘(B) DISTRIBUTION OF FUNDS.—The Secretary of the

Interior shall distribute the total amount of the payment

under subparagraph (A) by allocating to each tribe or tribal

organization an amount based on the number of children

with disabilities ages 3 through 5 residing on reservations

as reported annually, divided by the total of those children

served by all tribes or tribal organizations.

‘‘(C) SUBMISSION OF INFORMATION.—To receive a payment under this paragraph, the tribe or tribal organization

shall submit such figures to the Secretary of the Interior

as required to determine the amounts to be allocated under

subparagraph (B). This information shall be compiled and

submitted to the Secretary of Education.

‘‘(D) USE OF FUNDS.—The funds received by a tribe

or tribal organization shall be used to assist in child find,

screening, and other procedures for the early identification

of children aged 3 through 5, parent training, and the

provision of direct services. These activities may be carried

out directly or through contracts or cooperative agreements
H. R. 5—23

with the BIA, local educational agencies, and other public

or private nonprofit organizations. The tribe or tribal

organization is encouraged to involve Indian parents in

the development and implementation of these activities.

The above entities shall, as appropriate, make referrals

to local, State, or Federal entities for the provision of

services or further diagnosis.

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

grant pursuant to subparagraph (A), the tribe or tribal

organization shall provide to the Secretary of the Interior

a biennial report of activities undertaken under this paragraph, including the number of contracts and cooperative

agreements entered into, the number of children contacted

and receiving services for each year, and the estimated

number of children needing services during the 2 years

following the one in which the report is made. The

Secretary of the Interior shall include a summary of this

information on a biennial basis in the report to the Secretary of Education required under this subsection. The

Secretary of Education may require any additional information from the Secretary of the Interior.

‘‘(F) PROHIBITIONS.—None of the funds allocated under

this paragraph may be used by the Secretary of the Interior

for administrative purposes, including child count and the

provision of technical assistance.

‘‘(4) PLAN FOR COORDINATION OF SERVICES.—The Secretary

of the Interior shall develop and implement a plan for the

coordination of services for all Indian children with disabilities

residing on reservations covered under this Act. Such plan

shall provide for the coordination of services benefiting these

children from whatever source, including tribes, the Indian

Health Service, other BIA divisions, and other Federal agencies.

In developing the plan, the Secretary of the Interior shall

consult with all interested and involved parties. It shall be

based on the needs of the children and the system best suited

for meeting those needs, and may involve the establishment

of cooperative agreements between the BIA, other Federal agencies, and other entities. The plan shall also be distributed

upon request to States, State and local educational agencies,

and other agencies providing services to infants, toddlers, and

children with disabilities, to tribes, and to other interested

parties.

‘‘(5) ESTABLISHMENT OF ADVISORY BOARD.—To meet the

requirements of section 612(a)(21), the Secretary of the Interior

shall establish, not later than 6 months after the date of the

enactment of the Individuals with Disabilities Education Act

Amendments of 1997, under the BIA, an advisory board composed of individuals involved in or concerned with the education

and provision of services to Indian infants, toddlers, children,

and youth with disabilities, including Indians with disabilities,

Indian parents or guardians of such children, teachers, service

providers, State and local educational officials, representatives

of tribes or tribal organizations, representatives from State

Interagency Coordinating Councils under section 641 in States

having reservations, and other members representing the various divisions and entities of the BIA. The chairperson shall
H. R. 5—24

be selected by the Secretary of the Interior. The advisory board

shall—

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

BIA and with other local, State, and Federal agencies in

the provision of education for infants, toddlers, and children

with disabilities;

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

in the performance of the Secretary’s responsibilities

described in this subsection;

‘‘(C) develop and recommend policies concerning effective inter- and intra-agency collaboration, including

modifications to regulations, and the elimination of barriers

to inter- and intra-agency programs and activities;

‘‘(D) provide assistance and disseminate information

on best practices, effective program coordination strategies,

and recommendations for improved educational programming for Indian infants, toddlers, and children with

disabilities; and

‘‘(E) provide assistance in the preparation of information required under paragraph (2)(D).

‘‘(6) ANNUAL REPORTS.—

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

under paragraph (5) shall prepare and submit to the Secretary of the Interior and to the Congress an annual report

containing a description of the activities of the advisory

board for the preceding year.

‘‘(B) AVAILABILITY.—The Secretary of the Interior shall

make available to the Secretary of Education the report

described in subparagraph (A).

‘‘(j) AUTHORIZATION OF APPROPRIATIONS.—For the purpose of

carrying out this part, other than section 619, there are authorized

to be appropriated such sums as may be necessary.

‘‘SEC. 612. STATE ELIGIBILITY.

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

part for a fiscal year if the State demonstrates to the satisfaction

of the Secretary that the State has in effect policies and procedures

to ensure that it meets each of the following conditions:

‘‘(1) FREE APPROPRIATE PUBLIC EDUCATION.— ‘‘(A) IN GENERAL.—A free appropriate public education

is available to all children with disabilities residing in

the State between the ages of 3 and 21, inclusive, including

children with disabilities who have been suspended or

expelled from school.

‘‘(B) LIMITATION.—The obligation to make a free appropriate public education available to all children with

disabilities does not apply with respect to children:

‘‘(i) aged 3 through 5 and 18 through 21 in a

State to the extent that its application to those children

would be inconsistent with State law or practice, or

the order of any court, respecting the provision of

public education to children in those age ranges; and

‘‘(ii) aged 18 through 21 to the extent that State

law does not require that special education and related

services under this part be provided to children with

disabilities who, in the educational placement prior

to their incarceration in an adult correctional facility:
H. R. 5—25

‘‘(I) were not actually identified as being a

child with a disability under section 602(3) of this

Act; or

‘‘(II) did not have an individualized education

program under this part.

‘‘(2) FULL EDUCATIONAL OPPORTUNITY GOAL.—The State has

established a goal of providing full educational opportunity

to all children with disabilities and a detailed timetable for

accomplishing that goal.

‘‘(3) CHILD FIND.—

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

attending private schools, regardless of the severity of their

disabilities, and who are in need of special education and

related services, are identified, located, and evaluated and

a practical method is developed and implemented to determine which children with disabilities are currently receiving needed special education and related services.

‘‘(B) CONSTRUCTION.—Nothing in this Act requires that

children be classified by their disability so long as each

child who has a disability listed in section 602 and who,

by reason of that disability, needs special education and

related services is regarded as a child with a disability

under this part.

‘‘(4) INDIVIDUALIZED EDUCATION PROGRAM.—An individualized education program, or an individualized family service

plan that meets the requirements of section 636(d), is developed,

reviewed, and revised for each child with a disability in accordance with section 614(d).

‘‘(5) LEAST RESTRICTIVE ENVIRONMENT.— ‘‘(A) IN GENERAL.—To the maximum extent appropriate, children with disabilities, including children in

public or private institutions or other care facilities, are

educated with children who are not disabled, and special

classes, separate schooling, or other removal of children

with disabilities from the regular educational environment

occurs only when the nature or severity of the disability

of a child is such that education in regular classes with

the use of supplementary aids and services cannot be

achieved satisfactorily.

‘‘(B) ADDITIONAL REQUIREMENT.— ‘‘(i) IN GENERAL.—If the State uses a funding

mechanism by which the State distributes State funds

on the basis of the type of setting in which a child

is served, the funding mechanism does not result in

placements that violate the requirements of subparagraph (A).

‘‘(ii) ASSURANCE.—If the State does not have policies and procedures to ensure compliance with clause

(i), the State shall provide the Secretary an assurance

that it will revise the funding mechanism as soon

as feasible to ensure that such mechanism does not

result in such placements.

‘‘(6) PROCEDURAL SAFEGUARDS.—

‘‘(A) IN GENERAL.—Children with disabilities and their

parents are afforded the procedural safeguards required

by section 615.
H. R. 5—26

‘‘(B) ADDITIONAL PROCEDURAL SAFEGUARDS.—Procedures to ensure that testing and evaluation materials and

procedures utilized for the purposes of evaluation and

placement of children with disabilities will be selected and

administered so as not to be racially or culturally discriminatory. Such materials or procedures shall be provided

and administered in the child’s native language or mode

of communication, unless it clearly is not feasible to do

so, and no single procedure shall be the sole criterion

for determining an appropriate educational program for

a child.

‘‘(7) EVALUATION.—Children with disabilities are evaluated

in accordance with subsections (a) through (c) of section 614.

‘‘(8) CONFIDENTIALITY.—Agencies in the State comply with

section 617(c) (relating to the confidentiality of records and

information).

‘‘(9) TRANSITION FROM PART C TO PRESCHOOL PROGRAMS.—

Children participating in early-intervention programs assisted

under part C, and who will participate in preschool programs

assisted under this part, experience a smooth and effective

transition to those preschool programs in a manner consistent

with section 637(a)(8). By the third birthday of such a child,

an individualized education program or, if consistent with sections 614(d)(2)(B) and 636(d), an individualized family service

plan, has been developed and is being implemented for the

child. The local educational agency will participate in transition

planning conferences arranged by the designated lead agency

under section 637(a)(8).

‘‘(10) CHILDREN IN PRIVATE SCHOOLS.—

‘‘(A) CHILDREN ENROLLED IN PRIVATE SCHOOLS BY THEIR

PARENTS.—

‘‘(i) IN GENERAL.—To the extent consistent with

the number and location of children with disabilities

in the State who are enrolled by their parents in private elementary and secondary schools, provision is

made for the participation of those children in the

program assisted or carried out under this part by

providing for such children special education and

related services in accordance with the following

requirements, unless the Secretary has arranged for

services to those children under subsection (f ):

‘‘(I) Amounts expended for the provision of

those services by a local educational agency shall

be equal to a proportionate amount of Federal

funds made available under this part.

‘‘(II) Such services may be provided to children

with disabilities on the premises of private, including parochial, schools, to the extent consistent with

law.

‘‘(ii) CHILD-FIND REQUIREMENT.—The requirements

of paragraph (3) of this subsection (relating to child

find) shall apply with respect to children with disabilities in the State who are enrolled in private, including

parochial, elementary and secondary schools.

‘‘(B) CHILDREN PLACED IN, OR REFERRED TO, PRIVATE

SCHOOLS BY PUBLIC AGENCIES.—
H. R. 5—27

‘‘(i) IN GENERAL.—Children with disabilities in

private schools and facilities are provided special education and related services, in accordance with an

individualized education program, at no cost to their

parents, if such children are placed in, or referred

to, such schools or facilities by the State or appropriate

local educational agency as the means of carrying out

the requirements of this part or any other applicable

law requiring the provision of special education and

related services to all children with disabilities within

such State.

‘‘(ii) STANDARDS.—In all cases described in clause

(i), the State educational agency shall determine

whether such schools and facilities meet standards

that apply to State and local educational agencies and

that children so served have all the rights they would

have if served by such agencies.

‘‘(C) PAYMENT FOR EDUCATION OF CHILDREN ENROLLED

IN PRIVATE SCHOOLS WITHOUT CONSENT OF OR REFERRAL

BY THE PUBLIC AGENCY.—

‘‘(i) IN GENERAL.—Subject to subparagraph (A), this

part does not require a local educational agency to

pay for the cost of education, including special education and related services, of a child with a disability

at a private school or facility if that agency made

a free appropriate public education available to the

child and the parents elected to place the child in

such private school or facility.

‘‘(ii) REIMBURSEMENT FOR PRIVATE SCHOOL PLACE- MENT.—If the parents of a child with a disability, who

previously received special education and related services under the authority of a public agency, enroll

the child in a private elementary or secondary school

without the consent of or referral by the public agency,

a court or a hearing officer may require the agency

to reimburse the parents for the cost of that enrollment

if the court or hearing officer finds that the agency

had not made a free appropriate public education available to the child in a timely manner prior to that

enrollment.

‘‘(iii) LIMITATION ON REIMBURSEMENT.—The cost of

reimbursement described in clause (ii) may be reduced

or denied—

‘‘(I) if—

‘‘(aa) at the most recent IEP meeting that

the parents attended prior to removal of the

child from the public school, the parents did

not inform the IEP Team that they were rejecting the placement proposed by the public

agency to provide a free appropriate public

education to their child, including stating their

concerns and their intent to enroll their child

in a private school at public expense; or

‘‘(bb) 10 business days (including any holidays that occur on a business day) prior to

the removal of the child from the public school,

the parents did not give written notice to the
H. R. 5—28

public agency of the information described in

division (aa);

‘‘(II) if, prior to the parents’ removal of the

child from the public school, the public agency

informed the parents, through the notice requirements described in section 615(b)(7), of its intent

to evaluate the child (including a statement of

the purpose of the evaluation that was appropriate

and reasonable), but the parents did not make

the child available for such evaluation; or

‘‘(III) upon a judicial finding of

unreasonableness with respect to actions taken by

the parents.

‘‘(iv) EXCEPTION.—Notwithstanding the notice

requirement in clause (iii)(I), the cost of reimbursement

may not be reduced or denied for failure to provide

such notice if—

‘‘(I) the parent is illiterate and cannot write

in English;

‘‘(II) compliance with clause (iii)(I) would likely

result in physical or serious emotional harm to

the child;

‘‘(III) the school prevented the parent from

providing such notice; or

‘‘(IV) the parents had not received notice,

pursuant to section 615, of the notice requirement

in clause (iii)(I).

‘‘(11) STATE EDUCATIONAL AGENCY RESPONSIBLE FOR

GENERAL SUPERVISION.— ‘‘(A) IN GENERAL.—The State educational agency is

responsible for ensuring that—

‘‘(i) the requirements of this part are met; and

‘‘(ii) all educational programs for children with

disabilities in the State, including all such programs

administered by any other State or local agency—

‘‘(I) are under the general supervision of

individuals in the State who are responsible for

educational programs for children with disabilities;

and

‘‘(II) meet the educational standards of the

State educational agency.

‘‘(B) LIMITATION.—Subparagraph (A) shall not limit the

responsibility of agencies in the State other than the State

educational agency to provide, or pay for some or all of

the costs of, a free appropriate public education for any

child with a disability in the State.

‘‘(C) EXCEPTION.—Notwithstanding subparagraphs (A)

and (B), the Governor (or another individual pursuant to

State law), consistent with State law, may assign to any

public agency in the State the responsibility of ensuring

that the requirements of this part are met with respect

to children with disabilities who are convicted as adults

under State law and incarcerated in adult prisons.

‘‘(12) OBLIGATIONS RELATED TO AND METHODS OF ENSURING

SERVICES.—

‘‘(A) ESTABLISHING RESPONSIBILITY FOR SERVICES.—The

Chief Executive Officer or designee of the officer shall
H. R. 5—29

ensure that an interagency agreement or other mechanism

for interagency coordination is in effect between each public

agency described in subparagraph (B) and the State educational agency, in order to ensure that all services

described in subparagraph (B)(i) that are needed to ensure

a free appropriate public education are provided, including

the provision of such services during the pendency of any

dispute under clause (iii). Such agreement or mechanism

shall include the following:

‘‘(i) AGENCY FINANCIAL RESPONSIBILITY.—An identification of, or a method for defining, the financial

responsibility of each agency for providing services

described in subparagraph (B)(i) to ensure a free appropriate public education to children with disabilities,

provided that the financial responsibility of each public

agency described in subparagraph (B), including the

State Medicaid agency and other public insurers of

children with disabilities, shall precede the financial

responsibility of the local educational agency (or the

State agency responsible for developing the child’s

IEP).

‘‘(ii) CONDITIONS AND TERMS OF REIMBURSEMENT.—

The conditions, terms, and procedures under which

a local educational agency shall be reimbursed by other

agencies.

‘‘(iii) INTERAGENCY DISPUTES.—Procedures for

resolving interagency disputes (including procedures

under which local educational agencies may initiate

proceedings) under the agreement or other mechanism

to secure reimbursement from other agencies or otherwise implement the provisions of the agreement or

mechanism.

‘‘(iv) COORDINATION OF SERVICES PROCEDURES.— Policies and procedures for agencies to determine and

identify the interagency coordination responsibilities

of each agency to promote the coordination and timely

and appropriate delivery of services described in

subparagraph (B)(i).

‘‘(B) OBLIGATION OF PUBLIC AGENCY.— ‘‘(i) IN GENERAL.—If any public agency other than

an educational agency is otherwise obligated under

Federal or State law, or assigned responsibility under

State policy or pursuant to subparagraph (A), to provide or pay for any services that are also considered

special education or related services (such as, but not

limited to, services described in sections 602(1) relating

to assistive technology devices, 602(2) relating to

assistive technology services, 602(22) relating to

related services, 602(29) relating to supplementary aids

and services, and 602(30) relating to transition services) that are necessary for ensuring a free appropriate

public education to children with disabilities within

the State, such public agency shall fulfill that obligation or responsibility, either directly or through

contract or other arrangement.

‘‘(ii) REIMBURSEMENT FOR SERVICES BY PUBLIC

AGENCY.—If a public agency other than an educational
H. R. 5—30

agency fails to provide or pay for the special education

and related services described in clause (i), the local

educational agency (or State agency responsible for

developing the child’s IEP) shall provide or pay for

such services to the child. Such local educational

agency or State agency may then claim reimbursement

for the services from the public agency that failed

to provide or pay for such services and such public

agency shall reimburse the local educational agency

or State agency pursuant to the terms of the interagency agreement or other mechanism described in

subparagraph (A)(i) according to the procedures established in such agreement pursuant to subparagraph

(A)(ii).

‘‘(C) SPECIAL RULE.—The requirements of subparagraph (A) may be met through—

‘‘(i) state statute or regulation;

‘‘(ii) signed agreements between respective agency

officials that clearly identify the responsibilities of each

agency relating to the provision of services; or

‘‘(iii) other appropriate written methods as determined by the Chief Executive Officer of the State or

designee of the officer.

‘‘(13) PROCEDURAL REQUIREMENTS RELATING TO LOCAL

EDUCATIONAL AGENCY ELIGIBILITY.—The State educational

agency will not make a final determination that a local educational agency is not eligible for assistance under this part

without first affording that agency reasonable notice and an

opportunity for a hearing.

‘‘(14) COMPREHENSIVE SYSTEM OF PERSONNEL DEVELOP- MENT.—The State has in effect, consistent with the purposes

of this Act and with section 635(a)(8), a comprehensive system

of personnel development that is designed to ensure an adequate supply of qualified special education, regular education,

and related services personnel that meets the requirements

for a State improvement plan relating to personnel development

in subsections (b)(2)(B) and (c)(3)(D) of section 653.

‘‘(15) PERSONNEL STANDARDS.— ‘‘(A) IN GENERAL.—The State educational agency has

established and maintains standards to ensure that personnel necessary to carry out this part are appropriately and

adequately prepared and trained.

‘‘(B) STANDARDS DESCRIBED.—Such standards shall—

‘‘(i) be consistent with any State-approved or Staterecognized certification, licensing, registration, or other

comparable requirements that apply to the professional

discipline in which those personnel are providing special education or related services;

‘‘(ii) to the extent the standards described in

subparagraph (A) are not based on the highest requirements in the State applicable to a specific profession

or discipline, the State is taking steps to require

retraining or hiring of personnel that meet appropriate

professional requirements in the State; and

‘‘(iii) allow paraprofessionals and assistants who

are appropriately trained and supervised, in accordance with State law, regulations, or written policy,
H. R. 5—31

in meeting the requirements of this part to be used

to assist in the provision of special education and

related services to children with disabilities under this

part.

‘‘(C) POLICY.—In implementing this paragraph, a State

may adopt a policy that includes a requirement that local

educational agencies in the State make an ongoing goodfaith effort to recruit and hire appropriately and adequately

trained personnel to provide special education and related

services to children with disabilities, including, in a

geographic area of the State where there is a shortage

of such personnel, the most qualified individuals available

who are making satisfactory progress toward completing

applicable course work necessary to meet the standards

described in subparagraph (B)(i), consistent with State law,

and the steps described in subparagraph (B)(ii) within three

years.

‘‘(16) PERFORMANCE GOALS AND INDICATORS.—The State—

‘‘(A) has established goals for the performance of

children with disabilities in the State that—

‘‘(i) will promote the purposes of this Act, as stated

in section 601(d); and

‘‘(ii) are consistent, to the maximum extent appropriate, with other goals and standards for children

established by the State;

‘‘(B) has established performance indicators the State

will use to assess progress toward achieving those goals

that, at a minimum, address the performance of children

with disabilities on assessments, drop-out rates, and

graduation rates;

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

the public on the progress of the State, and of children

with disabilities in the State, toward meeting the goals

established under subparagraph (A); and

‘‘(D) based on its assessment of that progress, will

revise its State improvement plan under subpart 1 of part

D as may be needed to improve its performance, if the

State receives assistance under that subpart.

‘‘(17) PARTICIPATION IN ASSESSMENTS.— ‘‘(A) IN GENERAL.—Children with disabilities are

included in general State and district-wide assessment programs, with appropriate accommodations, where necessary.

As appropriate, the State or local educational agency—

‘‘(i) develops guidelines for the participation of

children with disabilities in alternate assessments for

those children who cannot participate in State and

district-wide assessment programs; and

‘‘(ii) develops and, beginning not later than July

1, 2000, conducts those alternate assessments.

‘‘(B) REPORTS.—The State educational agency makes

available to the public, and reports to the public with

the same frequency and in the same detail as it reports

on the assessment of nondisabled children, the following:

‘‘(i) The number of children with disabilities

participating in regular assessments.

‘‘(ii) The number of those children participating

in alternate assessments.
H. R. 5—32

‘‘(iii)(I) The performance of those children on regular assessments (beginning not later than July 1, 1998)

and on alternate assessments (not later than July 1,

2000), if doing so would be statistically sound and

would not result in the disclosure of performance

results identifiable to individual children.

‘‘(II) Data relating to the performance of children

described under subclause (I) shall be disaggregated—

‘‘(aa) for assessments conducted after July 1,

1998; and

‘‘(bb) for assessments conducted before July

1, 1998, if the State is required to disaggregate

such data prior to July 1, 1998.

‘‘(18) SUPPLEMENTATION OF STATE, LOCAL, AND OTHER

FEDERAL FUNDS.—

‘‘(A) EXPENDITURES.—Funds paid to a State under this

part will be expended in accordance with all the provisions

of this part.

‘‘(B) PROHIBITION AGAINST COMMINGLING.—Funds paid

to a State under this part will not be commingled with

State funds.

‘‘(C) PROHIBITION AGAINST SUPPLANTATION AND CONDITIONS FOR WAIVER BY SECRETARY.—Except as provided in

section 613, funds paid to a State under this part will

be used to supplement the level of Federal, State, and

local funds (including funds that are not under the direct

control of State or local educational agencies) expended

for special education and related services provided to children with disabilities under this part and in no case to

supplant such Federal, State, and local funds, except that,

where the State provides clear and convincing evidence

that all children with disabilities have available to them

a free appropriate public education, the Secretary may

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

subparagraph if the Secretary concurs with the evidence

provided by the State.

‘‘(19) MAINTENANCE OF STATE FINANCIAL SUPPORT.— ‘‘(A) IN GENERAL.—The State does not reduce the

amount of State financial support for special education

and related services for children with disabilities, or otherwise made available because of the excess costs of educating

those children, below the amount of that support for the

preceding fiscal year.

‘‘(B) REDUCTION OF FUNDS FOR FAILURE TO MAINTAIN

SUPPORT.—The Secretary shall reduce the allocation of

funds under section 611 for any fiscal year following the

fiscal year in which the State fails to comply with the

requirement of subparagraph (A) by the same amount by

which the State fails to meet the requirement.

‘‘(C) WAIVERS FOR EXCEPTIONAL OR UNCONTROLLABLE

CIRCUMSTANCES.—The Secretary may waive the requirement of subparagraph (A) for a State, for one fiscal year

at a time, if the Secretary determines that—

‘‘(i) granting a waiver would be equitable due to

exceptional or uncontrollable circumstances such as

a natural disaster or a precipitous and unforeseen

decline in the financial resources of the State; or
H. R. 5—33

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

(18)(C) of this section for a waiver of the requirement

to supplement, and not to supplant, funds received

under this part.

‘‘(D) SUBSEQUENT YEARS.—If, for any year, a State

fails to meet the requirement of subparagraph (A), including any year for which the State is granted a waiver

under subparagraph (C), the financial support required

of the State in future years under subparagraph (A) shall

be the amount that would have been required in the

absence of that failure and not the reduced level of the

State’s support.

‘‘(E) REGULATIONS.—

‘‘(i) The Secretary shall, by regulation, establish

procedures (including objective criteria and consideration of the results of compliance reviews of the State

conducted by the Secretary) for determining whether

to grant a waiver under subparagraph (C)(ii).

‘‘(ii) The Secretary shall publish proposed regulations under clause (i) not later than 6 months after

the date of the enactment of the Individuals with

Disabilities Education Act Amendments of 1997, and

shall issue final regulations under clause (i) not later

than 1 year after such date of enactment.

‘‘(20) PUBLIC PARTICIPATION.—Prior to the adoption of any

policies and procedures needed to comply with this section

(including any amendments to such policies and procedures),

the State ensures that there are public hearings, adequate

notice of the hearings, and an opportunity for comment available to the general public, including individuals with disabilities

and parents of children with disabilities.

‘‘(21) STATE ADVISORY PANEL.—

‘‘(A) IN GENERAL.—The State has established and maintains an advisory panel for the purpose of providing policy

guidance with respect to special education and related services for children with disabilities in the State.

‘‘(B) MEMBERSHIP.—Such advisory panel shall consist

of members appointed by the Governor, or any other official

authorized under State law to make such appointments,

that is representative of the State population and that

is composed of individuals involved in, or concerned with,

the education of children with disabilities, including—

‘‘(i) parents of children with disabilities;

‘‘(ii) individuals with disabilities;

‘‘(iii) teachers;

‘‘(iv) representatives of institutions of higher

education that prepare special education and related

services personnel;

‘‘(v) State and local education officials;

‘‘(vi) administrators of programs for children with

disabilities;

‘‘(vii) representatives of other State agencies

involved in the financing or delivery of related services

to children with disabilities;

‘‘(viii) representatives of private schools and public

charter schools;
H. R. 5—34

‘‘(ix) at least one representative of a vocational,

community, or business organization concerned with

the provision of transition services to children with

disabilities; and

‘‘(x) representatives from the State juvenile and

adult corrections agencies.

‘‘(C) SPECIAL RULE.—A majority of the members of

the panel shall be individuals with disabilities or parents

of children with disabilities.

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

‘‘(i) advise the State educational agency of unmet

needs within the State in the education of children

with disabilities;

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

proposed by the State regarding the education of children with disabilities;

‘‘(iii) advise the State educational agency in

developing evaluations and reporting on data to the

Secretary under section 618;

‘‘(iv) advise the State educational agency in

developing corrective action plans to address findings

identified in Federal monitoring reports under this

part; and

‘‘(v) advise the State educational agency in

developing and implementing policies relating to the

coordination of services for children with disabilities.

‘‘(22) SUSPENSION AND EXPULSION RATES.—

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

examines data to determine if significant discrepancies are

occurring in the rate of long-term suspensions and expulsions of children with disabilities—

‘‘(i) among local educational agencies in the

State; or

‘‘(ii) compared to such rates for nondisabled children within such agencies.

‘‘(B) REVIEW AND REVISION OF POLICIES.—If such

discrepancies are occurring, the State educational agency

reviews and, if appropriate, revises (or requires the affected

State or local educational agency to revise) its policies,

procedures, and practices relating to the development and

implementation of IEPs, the use of behavioral interventions, and procedural safeguards, to ensure that such

policies, procedures, and practices comply with this Act.

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

APPROPRIATE PUBLIC EDUCATION OR DIRECT SERVICES.—If the State

educational agency provides free appropriate public education to

children with disabilities, or provides direct services to such children, such agency—

‘‘(1) shall comply with any additional requirements of

section 613(a), as if such agency were a local educational

agency; and

‘‘(2) may use amounts that are otherwise available to such

agency under this part to serve those children without regard

to section 613(a)(2)(A)(i) (relating to excess costs).

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

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

policies and procedures that demonstrate that such State meets
H. R. 5—35

any requirement of subsection (a), including any policies and

procedures filed under this part as in effect before the effective

date of the Individuals with Disabilities Education Act Amendments of 1997, the Secretary shall consider such State to have

met such requirement for purposes of receiving a grant under

this part.

‘‘(2) MODIFICATIONS MADE BY STATE.—Subject to paragraph

(3), an application submitted by a State in accordance with

this section shall remain in effect until the State submits

to the Secretary such modifications as the State deems

necessary. This section shall apply to a modification to an

application to the same extent and in the same manner as

this section applies to the original plan.

‘‘(3) MODIFICATIONS REQUIRED BY THE SECRETARY.—If, after

the effective date of the Individuals with Disabilities Education

Act Amendments of 1997, the provisions of this Act are

amended (or the regulations developed to carry out this Act

are amended), or there is a new interpretation of this Act

by a Federal court or a State’s highest court, or there is an

official finding of noncompliance with Federal law or

regulations, the Secretary may require a State to modify its

application only to the extent necessary to ensure the State’s

compliance with this part.

‘‘(d) APPROVAL BY THE SECRETARY.—

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

is eligible to receive a grant under this part, the Secretary

shall notify the State of that determination.

‘‘(2) NOTICE AND HEARING.—The Secretary shall not make

a final determination that a State is not eligible to receive

a grant under this part until after providing the State—

‘‘(A) with reasonable notice; and

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

‘‘(e) ASSISTANCE UNDER OTHER FEDERAL PROGRAMS.—Nothing

in this title permits a State to reduce medical and other assistance

available, or to alter eligibility, under titles V and XIX of the

Social Security Act with respect to the provision of a free appropriate public education for children with disabilities in the State.

‘‘(f ) BY-PASS FOR CHILDREN IN PRIVATE SCHOOLS.—

‘‘(1) IN GENERAL.—If, on the date of enactment of the Education of the Handicapped Act Amendments of 1983, a State

educational agency is prohibited by law from providing for

the participation in special programs of children with disabilities enrolled in private elementary and secondary schools as

required by subsection (a)(10)(A), the Secretary shall, notwithstanding such provision of law, arrange for the provision of

services to such children through arrangements which shall

be subject to the requirements of such subsection.

‘‘(2) PAYMENTS.—

‘‘(A) DETERMINATION OF AMOUNTS.—If the Secretary

arranges for services pursuant to this subsection, the Secretary, after consultation with the appropriate public and

private school officials, shall pay to the provider of such

services for a fiscal year an amount per child that does

not exceed the amount determined by dividing—

‘‘(i) the total amount received by the State under

this part for such fiscal year; by
H. R. 5—36

‘‘(ii) the number of children with disabilities served

in the prior year, as reported to the Secretary by

the State under section 618.

‘‘(B) WITHHOLDING OF CERTAIN AMOUNTS.—Pending

final resolution of any investigation or complaint that could

result in a determination under this subsection, the Secretary may withhold from the allocation of the affected

State educational agency the amount the Secretary estimates would be necessary to pay the cost of services

described in subparagraph (A).

‘‘(C) PERIOD OF PAYMENTS.—The period under which

payments are made under subparagraph (A) shall continue

until the Secretary determines that there will no longer

be any failure or inability on the part of the State educational agency to meet the requirements of subsection

(a)(10)(A).

‘‘(3) NOTICE AND HEARING.—

‘‘(A) IN GENERAL.—The Secretary shall not take any

final action under this subsection until the State

educational agency affected by such action has had an

opportunity, for at least 45 days after receiving written

notice thereof, to submit written objections and to appear

before the Secretary or the Secretary’s designee to show

cause why such action should not be taken.

‘‘(B) REVIEW OF ACTION.—If a State educational agency

is dissatisfied with the Secretary’s final action after a

proceeding under subparagraph (A), such agency may, not

later than 60 days after notice of such action, file with

the United States court of appeals for the circuit in which

such State is located a petition for review of that action.

A copy of the petition shall be forthwith transmitted by

the clerk of the court to the Secretary. The Secretary thereupon shall file in the court the record of the proceedings

on which the Secretary based the Secretary’s action, as

provided in section 2112 of title 28, United States Code.

‘‘(C) REVIEW OF FINDINGS OF FACT.—The findings of

fact by the Secretary, if supported by substantial evidence,

shall be conclusive, but the court, for good cause shown,

may remand the case to the Secretary to take further

evidence, and the Secretary may thereupon make new or

modified findings of fact and may modify the Secretary’s

previous action, and shall file in the court the record of

the further proceedings. Such new or modified findings

of fact shall likewise be conclusive if supported by substantial evidence.

‘‘(D) JURISDICTION OF COURT OF APPEALS; REVIEW BY

UNITED STATES SUPREME COURT.—Upon the filing of a petition under subparagraph (B), the United States court of

appeals shall have jurisdiction to affirm the action of the

Secretary or to set it aside, in whole or in part. The judgment of the court shall be subject to review by the Supreme

Court of the United States upon certiorari or certification

as provided in section 1254 of title 28, United States Code.
H. R. 5—37

‘‘SEC. 613. LOCAL EDUCATIONAL AGENCY ELIGIBILITY.

‘‘(a) IN GENERAL.—A local educational agency is eligible for

assistance under this part for a fiscal year if such agency demonstrates to the satisfaction of the State educational agency that

it meets each of the following conditions:

‘‘(1) CONSISTENCY WITH STATE POLICIES.—The local

educational agency, in providing for the education of children

with disabilities within its jurisdiction, has in effect policies,

procedures, and programs that are consistent with the State

policies and procedures established under section 612.

‘‘(2) USE OF AMOUNTS.— ‘‘(A) IN GENERAL.—Amounts provided to the local

educational agency under this part shall be expended in

accordance with the applicable provisions of this part and—

‘‘(i) shall be used only to pay the excess costs

of providing special education and related services to

children with disabilities;

‘‘(ii) shall be used to supplement State, local, and

other Federal funds and not to supplant such funds;

and

‘‘(iii) shall not be used, except as provided in subparagraphs (B) and (C), to reduce the level of expenditures for the education of children with disabilities

made by the local educational agency from local funds

below the level of those expenditures for the preceding

fiscal year.

‘‘(B) EXCEPTION.—Notwithstanding the restriction in

subparagraph (A)(iii), a local educational agency may

reduce the level of expenditures where such reduction is

attributable to—

‘‘(i) the voluntary departure, by retirement or

otherwise, or departure for just cause, of special education personnel;

‘‘(ii) a decrease in the enrollment of children with

disabilities;

‘‘(iii) the termination of the obligation of the

agency, consistent with this part, to provide a program

of special education to a particular child with a disability that is an exceptionally costly program, as

determined by the State educational agency, because

the child—

‘‘(I) has left the jurisdiction of the agency;

‘‘(II) has reached the age at which the obligation of the agency to provide a free appropriate

public education to the child has terminated; or

‘‘(III) no longer needs such program of special

education; or

‘‘(iv) the termination of costly expenditures for

long-term purchases, such as the acquisition of equipment or the construction of school facilities.

‘‘(C) TREATMENT OF FEDERAL FUNDS IN CERTAIN FISCAL

YEARS.—

‘‘(i) Notwithstanding clauses (ii) and (iii) of

subparagraph (A), for any fiscal year for which

amounts appropriated to carry out section 611 exceeds

$4,100,000,000, a local educational agency may treat

as local funds, for the purpose of such clauses, up
H. R. 5—38

to 20 percent of the amount of funds it receives under

this part that exceeds the amount it received under

this part for the previous fiscal year.

‘‘(ii) Notwithstanding clause (i), if a State educational agency determines that a local educational

agency is not meeting the requirements of this part,

the State educational agency may prohibit the local

educational agency from treating funds received under

this part as local funds under clause (i) for any fiscal

year, only if it is authorized to do so by the State

constitution or a State statute.

‘‘(D) SCHOOLWIDE PROGRAMS UNDER TITLE I OF THE

ESEA.—Notwithstanding subparagraph (A) or any other

provision of this part, a local educational agency may use

funds received under this part for any fiscal year to carry

out a schoolwide program under section 1114 of the

Elementary and Secondary Education Act of 1965, except

that the amount so used in any such program shall not

exceed—

‘‘(i) the number of children with disabilities participating in the schoolwide program; multiplied by

‘‘(ii)(I) the amount received by the local educational

agency under this part for that fiscal year;

divided by

‘‘(II) the number of children with disabilities in

the jurisdiction of that agency.

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

agency—

‘‘(A) shall ensure that all personnel necessary to carry

out this part are appropriately and adequately prepared,

consistent with the requirements of section 653(c)(3)(D);

and

‘‘(B) to the extent such agency determines appropriate,

shall contribute to and use the comprehensive system of

personnel development of the State established under section 612(a)(14).

‘‘(4) PERMISSIVE USE OF FUNDS.—Notwithstanding paragraph (2)(A) or section 612(a)(18)(B) (relating to commingled

funds), funds provided to the local educational agency under

this part may be used for the following activities:

‘‘(A) SERVICES AND AIDS THAT ALSO BENEFIT NONDISABLED CHILDREN.—For the costs of special education

and related services and supplementary aids and services

provided in a regular class or other education-related setting to a child with a disability in accordance with the

individualized education program of the child, even if one

or more nondisabled children benefit from such services.

‘‘(B) INTEGRATED AND COORDINATED SERVICES SYSTEM.—To develop and implement a fully integrated and

coordinated services system in accordance with subsection

(f ).

‘‘(5) TREATMENT OF CHARTER SCHOOLS AND THEIR STUDENTS.—In carrying out this part with respect to charter schools

that are public schools of the local educational agency, the

local educational agency—
H. R. 5—39

‘‘(A) serves children with disabilities attending those

schools in the same manner as it serves children with

disabilities in its other schools; and

‘‘(B) provides funds under this part to those schools

in the same manner as it provides those funds to its other

schools.

‘‘(6) INFORMATION FOR STATE EDUCATIONAL AGENCY.—The

local educational agency shall provide the State educational

agency with information necessary to enable the State

educational agency to carry out its duties under this part,

including, with respect to paragraphs (16) and (17) of section

612(a), information relating to the performance of children with

disabilities participating in programs carried out under this

part.

‘‘(7) PUBLIC INFORMATION.—The local educational agency

shall make available to parents of children with disabilities

and to the general public all documents relating to the eligibility

of such agency under this part.

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

‘‘(1) IN GENERAL.—If a local educational agency or State

agency has on file with the State educational agency policies

and procedures that demonstrate that such local educational

agency, or such State agency, as the case may be, meets any

requirement of subsection (a), including any policies and procedures filed under this part as in effect before the effective

date of the Individuals with Disabilities Education Act Amendments of 1997, the State educational agency shall consider

such local educational agency or State agency, as the case

may be, to have met such requirement for purposes of receiving

assistance under this part.

‘‘(2) MODIFICATION MADE BY LOCAL EDUCATIONAL AGENCY.— Subject to paragraph (3), an application submitted by a local

educational agency in accordance with this section shall remain

in effect until it submits to the State educational agency such

modifications as the local educational agency deems necessary.

‘‘(3) MODIFICATIONS REQUIRED BY STATE EDUCATIONAL

AGENCY.—If, after the effective date of the Individuals with

Disabilities Education Act Amendments of 1997, the provisions

of this Act are amended (or the regulations developed to carry

out this Act are amended), or there is a new interpretation

of this Act by Federal or State courts, or there is an official

finding of noncompliance with Federal or State law or regulations, the State educational agency may require a local

educational agency to modify its application only to the extent

necessary to ensure the local educational agency’s compliance

with this part or State law.

‘‘(c) NOTIFICATION OF LOCAL EDUCATIONAL AGENCY OR STATE

AGENCY IN CASE OF INELIGIBILITY.—If the State educational agency

determines that a local educational agency or State agency is not

eligible under this section, the State educational agency shall notify

the local educational agency or State agency, as the case may

be, of that determination and shall provide such local educational

agency or State agency with reasonable notice and an opportunity

for a hearing.

‘‘(d) LOCAL EDUCATIONAL AGENCY COMPLIANCE.—

‘‘(1) IN GENERAL.—If the State educational agency, after

reasonable notice and an opportunity for a hearing, finds that
H. R. 5—40

a local educational agency or State agency that has been determined to be eligible under this section is failing to comply

with any requirement described in subsection (a), the State

educational agency shall reduce or shall not provide any further

payments to the local educational agency or State agency until

the State educational agency is satisfied that the local

educational agency or State agency, as the case may be, is

complying with that requirement.

‘‘(2) ADDITIONAL REQUIREMENT.—Any State agency or local

educational agency in receipt of a notice described in paragraph

(1) shall, by means of public notice, take such measures as

may be necessary to bring the pendency of an action pursuant

to this subsection to the attention of the public within the

jurisdiction of such agency.

‘‘(3) CONSIDERATION.—In carrying out its responsibilities

under paragraph (1), the State educational agency shall consider any decision made in a hearing held under section 615

that is adverse to the local educational agency or State agency

involved in that decision.

‘‘(e) JOINT ESTABLISHMENT OF ELIGIBILITY.—

‘‘(1) JOINT ESTABLISHMENT.—

‘‘(A) IN GENERAL.—A State educational agency may

require a local educational agency to establish its eligibility

jointly with another local educational agency if the State

educational agency determines that the local educational

agency would be ineligible under this section because the

local educational agency would not be able to establish

and maintain programs of sufficient size and scope to effectively meet the needs of children with disabilities.

‘‘(B) CHARTER SCHOOL EXCEPTION.—A State educational

agency may not require a charter school that is a local

educational agency to jointly establish its eligibility under

subparagraph (A) unless it is explicitly permitted to do

so under the State’s charter school statute.

‘‘(2) AMOUNT OF PAYMENTS.—If a State educational agency

requires the joint establishment of eligibility under paragraph

(1), the total amount of funds made available to the affected

local educational agencies shall be equal to the sum of the

payments that each such local educational agency would have

received under section 611(g) if such agencies were eligible

for such payments.

‘‘(3) REQUIREMENTS.—Local educational agencies that

establish joint eligibility under this subsection shall—

‘‘(A) adopt policies and procedures that are consistent

with the State’s policies and procedures under section

612(a); and

‘‘(B) be jointly responsible for implementing programs

that receive assistance under this part.

‘‘(4) REQUIREMENTS FOR EDUCATIONAL SERVICE AGENCIES.—

‘‘(A) IN GENERAL.—If an educational service agency

is required by State law to carry out programs under

this part, the joint responsibilities given to local educational

agencies under this subsection shall—

‘‘(i) not apply to the administration and disbursement of any payments received by that educational

service agency; and
H. R. 5—41

‘‘(ii) be carried out only by that educational service

agency.

‘‘(B) ADDITIONAL REQUIREMENT.—Notwithstanding any

other provision of this subsection, an educational service

agency shall provide for the education of children with

disabilities in the least restrictive environment, as required

by section 612(a)(5).

‘‘(f ) COORDINATED SERVICES SYSTEM.—

‘‘(1) IN GENERAL.—A local educational agency may not use

more than 5 percent of the amount such agency receives under

this part for any fiscal year, in combination with other amounts

(which shall include amounts other than education funds), to

develop and implement a coordinated services system designed

to improve results for children and families, including children

with disabilities and their families.

‘‘(2) ACTIVITIES.—In implementing a coordinated services

system under this subsection, a local educational agency may

carry out activities that include—

‘‘(A) improving the effectiveness and efficiency of service delivery, including developing strategies that promote

accountability for results;

‘‘(B) service coordination and case management that

facilitates the linkage of individualized education programs

under this part and individualized family service plans

under part C with individualized service plans under multiple Federal and State programs, such as title I of the

Rehabilitation Act of 1973 (vocational rehabilitation), title

XIX of the Social Security Act (Medicaid), and title XVI

of the Social Security Act (supplemental security income);

‘‘(C) developing and implementing interagency financing strategies for the provision of education, health, mental

health, and social services, including transition services

and related services under this Act; and

‘‘(D) interagency personnel development for individuals

working on coordinated services.

‘‘(3) COORDINATION WITH CERTAIN PROJECTS UNDER

ELEMENTARY AND SECONDARY EDUCATION ACT OF 1965.—If a

local educational agency is carrying out a coordinated services

project under title XI of the Elementary and Secondary Education Act of 1965 and a coordinated services project under

this part in the same schools, such agency shall use amounts

under this subsection in accordance with the requirements

of that title.

‘‘(g) SCHOOL-BASED IMPROVEMENT PLAN.— ‘‘(1) IN GENERAL.—Each local educational agency may, in

accordance with paragraph (2), use funds made available under

this part to permit a public school within the jurisdiction of

the local educational agency to design, implement, and evaluate

a school-based improvement plan that is consistent with the

purposes described in section 651(b) and that is designed to

improve educational and transitional results for all children

with disabilities and, as appropriate, for other children consistent with subparagraphs (A) and (B) of subsection (a)(4) in

that public school.

‘‘(2) AUTHORITY.—

‘‘(A) IN GENERAL.—A State educational agency may

grant authority to a local educational agency to permit
H. R. 5—42

a public school described in paragraph (1) (through a schoolbased standing panel established under paragraph (4)(B))

to design, implement, and evaluate a school-based improvement plan described in paragraph (1) for a period not

to exceed 3 years.

‘‘(B) RESPONSIBILITY OF LOCAL EDUCATIONAL AGENCY.—

If a State educational agency grants the authority described

in subparagraph (A), a local educational agency that is

granted such authority shall have the sole responsibility

of oversight of all activities relating to the design,

implementation, and evaluation of any school-based

improvement plan that a public school is permitted to

design under this subsection.

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

plan described in paragraph (1) shall—

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

described in section 651(b) and to improve educational and

transitional results for all children with disabilities and,

as appropriate, for other children consistent with subparagraphs (A) and (B) of subsection (a)(4), who attend the

school for which the plan is designed and implemented;

‘‘(B) be designed, evaluated, and, as appropriate, implemented by a school-based standing panel established in

accordance with paragraph (4)(B);

‘‘(C) include goals and measurable indicators to assess

the progress of the public school in meeting such goals;

and

‘‘(D) ensure that all children with disabilities receive

the services described in the individualized education programs of such children.

‘‘(4) RESPONSIBILITIES OF THE LOCAL EDUCATIONAL

AGENCY.—A local educational agency that is granted authority

under paragraph (2) to permit a public school to design,

implement, and evaluate a school-based improvement plan

shall—

‘‘(A) select each school under the jurisdiction of such

agency that is eligible to design, implement, and evaluate

such a plan;

‘‘(B) require each school selected under subparagraph

(A), in accordance with criteria established by such local

educational agency under subparagraph (C), to establish

a school-based standing panel to carry out the duties

described in paragraph (3)(B);

‘‘(C) establish—

‘‘(i) criteria that shall be used by such local educational agency in the selection of an eligible school

under subparagraph (A);

‘‘(ii) criteria that shall be used by a public school

selected under subparagraph (A) in the establishment

of a school-based standing panel to carry out the duties

described in paragraph (3)(B) and that shall ensure

that the membership of such panel reflects the diversity of the community in which the public school is

located and includes, at a minimum—

‘‘(I) parents of children with disabilities who

attend such public school, including parents of
H. R. 5—43

children with disabilities from unserved and

underserved populations, as appropriate;

‘‘(II) special education and general education

teachers of such public school;

‘‘(III) special education and general education

administrators, or the designee of such administrators, of such public school; and

‘‘(IV) related services providers who are

responsible for providing services to the children

with disabilities who attend such public school;

and

‘‘(iii) criteria that shall be used by such local educational agency with respect to the distribution of funds

under this part to carry out this subsection;

‘‘(D) disseminate the criteria established under

subparagraph (C) to local school district personnel and

local parent organizations within the jurisdiction of such

local educational agency;

‘‘(E) require a public school that desires to design,

implement, and evaluate a school-based improvement plan

to submit an application at such time, in such manner,

and accompanied by such information as such local educational agency shall reasonably require; and

‘‘(F) establish procedures for approval by such local

educational agency of a school-based improvement plan

designed under this subsection.

‘‘(5) LIMITATION.—A school-based improvement plan

described in paragraph (1) may be submitted to a local educational agency for approval only if a consensus with respect

to any matter relating to the design, implementation, or evaluation of the goals of such plan is reached by the school-based

standing panel that designed such plan.

‘‘(6) ADDITIONAL REQUIREMENTS.—

‘‘(A) PARENTAL INVOLVEMENT.—In carrying out the

requirements of this subsection, a local educational agency

shall ensure that the parents of children with disabilities

are involved in the design, evaluation, and, where appropriate, implementation of school-based improvement plans

in accordance with this subsection.

‘‘(B) PLAN APPROVAL.—A local educational agency may

approve a school-based improvement plan of a public school

within the jurisdiction of such agency for a period of 3

years, if—

‘‘(i) the approval is consistent with the policies,

procedures, and practices established by such local educational agency and in accordance with this subsection;

and

‘‘(ii) a majority of parents of children who are

members of the school-based standing panel, and a

majority of other members of the school-based standing

panel, that designed such plan agree in writing to

such plan.

‘‘(7) EXTENSION OF PLAN.—If a public school within the

jurisdiction of a local educational agency meets the applicable

requirements and criteria described in paragraphs (3) and (4)

at the expiration of the 3-year approval period described in
H. R. 5—44

paragraph (6)(B), such agency may approve a school-based

improvement plan of such school for an additional 3-year period.

‘‘(h) DIRECT SERVICES BY THE STATE EDUCATIONAL AGENCY.—

‘‘(1) IN GENERAL.—A State educational agency shall use

the payments that would otherwise have been available to

a local educational agency or to a State agency to provide

special education and related services directly to children with

disabilities residing in the area served by that local agency,

or for whom that State agency is responsible, if the State

educational agency determines that the local education agency

or State agency, as the case may be—

‘‘(A) has not provided the information needed to establish the eligibility of such agency under this section;

‘‘(B) is unable to establish and maintain programs of

free appropriate public education that meet the requirements of subsection (a);

‘‘(C) is unable or unwilling to be consolidated with

one or more local educational agencies in order to establish

and maintain such programs; or

‘‘(D) has one or more children with disabilities who

can best be served by a regional or State program or

service-delivery system designed to meet the needs of such

children.

‘‘(2) MANNER AND LOCATION OF EDUCATION AND SERVICES.—

The State educational agency may provide special education

and related services under paragraph (1) in such manner and

at such locations (including regional or State centers) as the

State agency considers appropriate. Such education and services

shall be provided in accordance with this part.

‘‘(i) STATE AGENCY ELIGIBILITY.—Any State agency that desires

to receive a subgrant for any fiscal year under section 611(g) shall

demonstrate to the satisfaction of the State educational agency

that—

‘‘(1) all children with disabilities who are participating

in programs and projects funded under this part receive a

free appropriate public education, and that those children and

their parents are provided all the rights and procedural safeguards described in this part; and

‘‘(2) the agency meets such other conditions of this section

as the Secretary determines to be appropriate.

‘‘(j) DISCIPLINARY INFORMATION.—The State may require that

a local educational agency include in the records of a child with

a disability a statement of any current or previous disciplinary

action that has been taken against the child and transmit such

statement to the same extent that such disciplinary information

is included in, and transmitted with, the student records of nondisabled children. The statement may include a description of any

behavior engaged in by the child that required disciplinary action,

a description of the disciplinary action taken, and any other

information that is relevant to the safety of the child and other

individuals involved with the child. If the State adopts such a

policy, and the child transfers from one school to another, the

transmission of any of the child’s records must include both the

child’s current individualized education program and any such statement of current or previous disciplinary action that has been taken

against the child.
H. R. 5—45

‘‘SEC. 614. EVALUATIONS, ELIGIBILITY DETERMINATIONS, INDIVIDUALIZED EDUCATION PROGRAMS, AND EDUCATIONAL

PLACEMENTS.

‘‘(a) EVALUATIONS AND REEVALUATIONS.—

‘‘(1) INITIAL EVALUATIONS.—

‘‘(A) IN GENERAL.—A State educational agency, other

State agency, or local educational agency shall conduct

a full and individual initial evaluation, in accordance with

this paragraph and subsection (b), before the initial provision of special education and related services to a child

with a disability under this part.

‘‘(B) PROCEDURES.—Such initial evaluation shall consist of procedures—

‘‘(i) to determine whether a child is a child with

a disability (as defined in section 602(3)); and

‘‘(ii) to determine the educational needs of such

child.

‘‘(C) PARENTAL CONSENT.—

‘‘(i) IN GENERAL.—The agency proposing to conduct

an initial evaluation to determine if the child qualifies

as a child with a disability as defined in section

602(3)(A) or 602(3)(B) shall obtain an informed consent

from the parent of such child before the evaluation

is conducted. Parental consent for evaluation shall not

be construed as consent for placement for receipt of

special education and related services.

‘‘(ii) REFUSAL.—If the parents of such child refuse

consent for the evaluation, the agency may continue

to pursue an evaluation by utilizing the mediation

and due process procedures under section 615, except

to the extent inconsistent with State law relating to

parental consent.

‘‘(2) REEVALUATIONS.—A local educational agency shall

ensure that a reevaluation of each child with a disability is

conducted—

‘‘(A) if conditions warrant a reevaluation or if the

child’s parent or teacher requests a reevaluation, but at

least once every 3 years; and

‘‘(B) in accordance with subsections (b) and (c).

‘‘(b) EVALUATION PROCEDURES.—

‘‘(1) NOTICE.—The local educational agency shall provide

notice to the parents of a child with a disability, in accordance

with subsections (b)(3), (b)(4), and (c) of section 615, that

describes any evaluation procedures such agency proposes to

conduct.

‘‘(2) CONDUCT OF EVALUATION.—In conducting the evaluation, the local educational agency shall—

‘‘(A) use a variety of assessment tools and strategies

to gather relevant functional and developmental information, including information provided by the parent, that

may assist in determining whether the child is a child

with a disability and the content of the child’s individualized education program, including information related to

enabling the child to be involved in and progress in the

general curriculum or, for preschool children, to participate

in appropriate activities;
H. R. 5—46

‘‘(B) not use any single procedure as the sole criterion

for determining whether a child is a child with a disability

or determining an appropriate educational program for the

child; and

‘‘(C) use technically sound instruments that may assess

the relative contribution of cognitive and behavioral factors,

in addition to physical or developmental factors.

‘‘(3) ADDITIONAL REQUIREMENTS.—Each local educational

agency shall ensure that—

‘‘(A) tests and other evaluation materials used to assess

a child under this section—

‘‘(i) are selected and administered so as not to

be discriminatory on a racial or cultural basis; and

‘‘(ii) are provided and administered in the child’s

native language or other mode of communication,

unless it is clearly not feasible to do so; and

‘‘(B) any standardized tests that are given to the child—

‘‘(i) have been validated for the specific purpose

for which they are used;

‘‘(ii) are administered by trained and knowledgeable personnel; and

‘‘(iii) are administered in accordance with any

instructions provided by the producer of such tests;

‘‘(C) the child is assessed in all areas of suspected

disability; and

‘‘(D) assessment tools and strategies that provide

relevant information that directly assists persons in determining the educational needs of the child are provided.

‘‘(4) DETERMINATION OF ELIGIBILITY.—Upon completion of

administration of tests and other evaluation materials—

‘‘(A) the determination of whether the child is a child

with a disability as defined in section 602(3) shall be made

by a team of qualified professionals and the parent of

the child in accordance with paragraph (5); and

‘‘(B) a copy of the evaluation report and the documentation of determination of eligibility will be given to the

parent.

‘‘(5) SPECIAL RULE FOR ELIGIBILITY DETERMINATION.—In

making a determination of eligibility under paragraph (4)(A),

a child shall not be determined to be a child with a disability

if the determinant factor for such determination is lack of

instruction in reading or math or limited English proficiency.

‘‘(c) ADDITIONAL REQUIREMENTS FOR EVALUATION AND

REEVALUATIONS.— ‘‘(1) REVIEW OF EXISTING EVALUATION DATA.—As part of

an initial evaluation (if appropriate) and as part of any

reevaluation under this section, the IEP Team described in

subsection (d)(1)(B) and other qualified professionals, as appropriate, shall—

‘‘(A) review existing evaluation data on the child,

including evaluations and information provided by the parents of the child, current classroom-based assessments and

observations, and teacher and related services providers

observation; and

‘‘(B) on the basis of that review, and input from the

child’s parents, identify what additional data, if any, are

needed to determine—
H. R. 5—47

‘‘(i) whether the child has a particular category

of disability, as described in section 602(3), or, in case

of a reevaluation of a child, whether the child continues

to have such a disability;

‘‘(ii) the present levels of performance and educational needs of the child;

‘‘(iii) whether the child needs special education

and related services, or in the case of a reevaluation

of a child, whether the child continues to need special

education and related services; and

‘‘(iv) whether any additions or modifications to the

special education and related services are needed to

enable the child to meet the measurable annual goals

set out in the individualized education program of the

child and to participate, as appropriate, in the general

curriculum.

‘‘(2) SOURCE OF DATA.—The local educational agency shall

administer such tests and other evaluation materials as may

be needed to produce the data identified by the IEP Team

under paragraph (1)(B).

‘‘(3) PARENTAL CONSENT.—Each local educational agency

shall obtain informed parental consent, in accordance with

subsection (a)(1)(C), prior to conducting any reevaluation of

a child with a disability, except that such informed parent

consent need not be obtained if the local educational agency

can demonstrate that it had taken reasonable measures to

obtain such consent and the child’s parent has failed to respond.

‘‘(4) REQUIREMENTS IF ADDITIONAL DATA ARE NOT NEEDED.—

If the IEP Team and other qualified professionals, as

appropriate, determine that no additional data are needed to

determine whether the child continues to be a child with a

disability, the local educational agency—

‘‘(A) shall notify the child’s parents of—

‘‘(i) that determination and the reasons for it; and

‘‘(ii) the right of such parents to request an assessment to determine whether the child continues to be

a child with a disability; and

‘‘(B) shall not be required to conduct such an assessment unless requested to by the child’s parents.

‘‘(5) EVALUATIONS BEFORE CHANGE IN ELIGIBILITY.—A local

educational agency shall evaluate a child with a disability

in accordance with this section before determining that the

child is no longer a child with a disability.

‘‘(d) INDIVIDUALIZED EDUCATION PROGRAMS.—

‘‘(1) DEFINITIONS.—As used in this title:

‘‘(A) INDIVIDUALIZED EDUCATION PROGRAM.—The term

‘individualized education program’ or ‘IEP ’ means a written

statement for each child with a disability that is developed,

reviewed, and revised in accordance with this section and

that includes—

‘‘(i) a statement of the child’s present levels of

educational performance, including—

‘‘(I) how the child’s disability affects the child’s

involvement and progress in the general curriculum; or
H. R. 5—48

‘‘(II) for preschool children, as appropriate,

how the disability affects the child’s participation

in appropriate activities;

‘‘(ii) a statement of measurable annual goals,

including benchmarks or short-term objectives, related

to—

‘‘(I) meeting the child’s needs that result from

the child’s disability to enable the child to be

involved in and progress in the general curriculum;

and

‘‘(II) meeting each of the child’s other

educational needs that result from the child’s

disability;

‘‘(iii) a statement of the special education and

related services and supplementary aids and services

to be provided to the child, or on behalf of the child,

and a statement of the program modifications or supports for school personnel that will be provided for

the child—

‘‘(I) to advance appropriately toward attaining

the annual goals;

‘‘(II) to be involved and progress in the general

curriculum in accordance with clause (i) and to

participate in extracurricular and other nonacademic activities; and

‘‘(III) to be educated and participate with other

children with disabilities and nondisabled children

in the activities described in this paragraph;

‘‘(iv) an explanation of the extent, if any, to which

the child will not participate with nondisabled children

in the regular class and in the activities described

in clause (iii);

‘‘(v)(I) a statement of any individual modifications

in the administration of State or districtwide assessments of student achievement that are needed in order

for the child to participate in such assessment; and

‘‘(II) if the IEP Team determines that the child

will not participate in a particular State or districtwide

assessment of student achievement (or part of such

an assessment), a statement of—

‘‘(aa) why that assessment is not appropriate

for the child; and

‘‘(bb) how the child will be assessed;

‘‘(vi) the projected date for the beginning of the

services and modifications described in clause (iii), and

the anticipated frequency, location, and duration of

those services and modifications;

‘‘(vii)(I) beginning at age 14, and updated annually,

a statement of the transition service needs of the child

under the applicable components of the child’s IEP

that focuses on the child’s courses of study (such as

participation in advanced-placement courses or a vocational education program);

‘‘(II) beginning at age 16 (or younger, if determined

appropriate by the IEP Team), a statement of needed
H. R. 5—49

transition services for the child, including, when appropriate, a statement of the interagency responsibilities

or any needed linkages; and

‘‘(III) beginning at least one year before the child

reaches the age of majority under State law, a statement that the child has been informed of his or her

rights under this title, if any, that will transfer to

the child on reaching the age of majority under section

615(m); and

‘‘(viii) a statement of—

‘‘(I) how the child’s progress toward the annual

goals described in clause (ii) will be measured;

and

‘‘(II) how the child’s parents will be regularly

informed (by such means as periodic report cards),

at least as often as parents are informed of their

nondisabled children’s progress, of—

‘‘(aa) their child’s progress toward the

annual goals described in clause (ii); and

‘‘(bb) the extent to which that progress

is sufficient to enable the child to achieve the

goals by the end of the year.

‘‘(B) INDIVIDUALIZED EDUCATION PROGRAM TEAM.—The

term ‘individualized education program team’ or ‘IEP Team’

means a group of individuals composed of—

‘‘(i) the parents of a child with a disability;

‘‘(ii) at least one regular education teacher of such

child (if the child is, or may be, participating in the

regular education environment);

‘‘(iii) at least one special education teacher, or

where appropriate, at least one special education provider of such child;

‘‘(iv) a representative of the local educational

agency who—

‘‘(I) is qualified to provide, or supervise the

provision of, specially designed instruction to meet

the unique needs of children with disabilities;

‘‘(II) is knowledgeable about the general

curriculum; and

‘‘(III) is knowledgeable about the availability

of resources of the local educational agency;

‘‘(v) an individual who can interpret the instructional implications of evaluation results, who may be

a member of the team described in clauses (ii) through

(vi);

‘‘(vi) at the discretion of the parent or the agency,

other individuals who have knowledge or special expertise regarding the child, including related services

personnel as appropriate; and

‘‘(vii) whenever appropriate, the child with a

disability.

‘‘(2) REQUIREMENT THAT PROGRAM BE IN EFFECT.—

‘‘(A) IN GENERAL.—At the beginning of each school

year, each local educational agency, State educational

agency, or other State agency, as the case may be, shall
H. R. 5—50

have in effect, for each child with a disability in its jurisdiction, an individualized education program, as defined in

paragraph (1)(A).

‘‘(B) PROGRAM FOR CHILD AGED 3 THROUGH 5.—In the

case of a child with a disability aged 3 through 5 (or,

at the discretion of the State educational agency, a 2 yearold child with a disability who will turn age 3 during

the school year), an individualized family service plan that

contains the material described in section 636, and that

is developed in accordance with this section, may serve

as the IEP of the child if using that plan as the IEP

is—

‘‘(i) consistent with State policy; and

‘‘(ii) agreed to by the agency and the child’s

parents.

‘‘(3) DEVELOPMENT OF IEP.—

‘‘(A) IN GENERAL.—In developing each child’s IEP, the

IEP Team, subject to subparagraph (C), shall consider—

‘‘(i) the strengths of the child and the concerns

of the parents for enhancing the education of their

child; and

‘‘(ii) the results of the initial evaluation or most

recent evaluation of the child.

‘‘(B) CONSIDERATION OF SPECIAL FACTORS.—The IEP

Team shall—

‘‘(i) in the case of a child whose behavior impedes

his or her learning or that of others, consider, when

appropriate, strategies, including positive behavioral

interventions, strategies, and supports to address that

behavior;

‘‘(ii) in the case of a child with limited English

proficiency, consider the language needs of the child

as such needs relate to the child’s IEP;

‘‘(iii) in the case of a child who is blind or visually

impaired, provide for instruction in Braille and the

use of Braille unless the IEP Team determines, after

an evaluation of the child’s reading and writing skills,

needs, and appropriate reading and writing media

(including an evaluation of the child’s future needs

for instruction in Braille or the use of Braille), that

instruction in Braille or the use of Braille is not appropriate for the child;

‘‘(iv) consider the communication needs of the child,

and in the case of a child who is deaf or hard of

hearing, consider the child’s language and communication needs, opportunities for direct communications

with peers and professional personnel in the child’s

language and communication mode, academic level,

and full range of needs, including opportunities for

direct instruction in the child’s language and communication mode; and

‘‘(v) consider whether the child requires assistive

technology devices and services.

‘‘(C) REQUIREMENT WITH RESPECT TO REGULAR EDUCATION TEACHER.—The regular education teacher of the

child, as a member of the IEP Team, shall, to the extent

appropriate, participate in the development of the IEP
H. R. 5—51

of the child, including the determination of appropriate

positive behavioral interventions and strategies and the

determination of supplementary aids and services, program

modifications, and support for school personnel consistent

with paragraph (1)(A)(iii).

‘‘(4) REVIEW AND REVISION OF IEP.—

‘‘(A) IN GENERAL.—The local educational agency shall

ensure that, subject to subparagraph (B), the IEP Team—

‘‘(i) reviews the child’s IEP periodically, but not

less than annually to determine whether the annual

goals for the child are being achieved; and

‘‘(ii) revises the IEP as appropriate to address—

‘‘(I) any lack of expected progress toward the

annual goals and in the general curriculum, where

appropriate;

‘‘(II) the results of any reevaluation conducted

under this section;

‘‘(III) information about the child provided to,

or by, the parents, as described in subsection

(c)(1)(B);

‘‘(IV) the child’s anticipated needs; or

‘‘(V) other matters.

‘‘(B) REQUIREMENT WITH RESPECT TO REGULAR EDUCATION TEACHER.—The regular education teacher of the

child, as a member of the IEP Team, shall, to the extent

appropriate, participate in the review and revision of the

IEP of the child.

‘‘(5) FAILURE TO MEET TRANSITION OBJECTIVES.—If a participating agency, other than the local educational agency, fails

to provide the transition services described in the IEP in accordance with paragraph (1)(A)(vii), the local educational agency

shall reconvene the IEP Team to identify alternative strategies

to meet the transition objectives for the child set out in that

program.

‘‘(6) CHILDREN WITH DISABILITIES IN ADULT PRISONS.—

‘‘(A) IN GENERAL.—The following requirements do not

apply to children with disabilities who are convicted as

adults under State law and incarcerated in adult prisons:

‘‘(i) The requirements contained in section

612(a)(17) and paragraph (1)(A)(v) of this subsection

(relating to participation of children with disabilities

in general assessments).

‘‘(ii) The requirements of subclauses (I) and (II)

of paragraph (1)(A)(vii) of this subsection (relating to

transition planning and transition services), do not

apply with respect to such children whose eligibility

under this part will end, because of their age, before

they will be released from prison.

‘‘(B) ADDITIONAL REQUIREMENT.—If a child with a

disability is convicted as an adult under State law and

incarcerated in an adult prison, the child’s IEP Team may

modify the child’s IEP or placement notwithstanding the

requirements of sections 612(a)(5)(A) and 614(d)(1)(A) if

the State has demonstrated a bona fide security or

compelling penological interest that cannot otherwise be

accommodated.
H. R. 5—52

‘‘(e) CONSTRUCTION.—Nothing in this section shall be construed

to require the IEP Team to include information under one component of a child’s IEP that is already contained under another

component of such IEP.

‘‘(f ) EDUCATIONAL PLACEMENTS.—Each local educational agency

or State educational agency shall ensure that the parents of each

child with a disability are members of any group that makes decisions on the educational placement of their child.

‘‘SEC. 615. PROCEDURAL SAFEGUARDS.

‘‘(a) ESTABLISHMENT OF PROCEDURES.—Any State educational

agency, State agency, or local educational agency that receives

assistance under this part shall establish and maintain procedures

in accordance with this section to ensure that children with disabilities and their parents are guaranteed procedural safeguards with

respect to the provision of free appropriate public education by

such agencies.

‘‘(b) TYPES OF PROCEDURES.—The procedures required by this

section shall include—

‘‘(1) an opportunity for the parents of a child with a disability to examine all records relating to such child and to

participate in meetings with respect to the identification,

evaluation, and educational placement of the child, and the

provision of a free appropriate public education to such child,

and to obtain an independent educational evaluation of the

child;

‘‘(2) procedures to protect the rights of the child whenever

the parents of the child are not known, the agency cannot,

after reasonable efforts, locate the parents, or the child is

a ward of the State, including the assignment of an individual

(who shall not be an employee of the State educational agency,

the local educational agency, or any other agency that is

involved in the education or care of the child) to act as a

surrogate for the parents;

‘‘(3) written prior notice to the parents of the child whenever such agency—

‘‘(A) proposes to initiate or change; or

‘‘(B) refuses to initiate or change;

the identification, evaluation, or educational placement of the

child, in accordance with subsection (c), or the provision of

a free appropriate public education to the child;

‘‘(4) procedures designed to ensure that the notice required

by paragraph (3) is in the native language of the parents,

unless it clearly is not feasible to do so;

‘‘(5) an opportunity for mediation in accordance with subsection (e);

‘‘(6) an opportunity to present complaints with respect to

any matter relating to the identification, evaluation, or

educational placement of the child, or the provision of a free

appropriate public education to such child;

‘‘(7) procedures that require the parent of a child with

a disability, or the attorney representing the child, to provide

notice (which shall remain confidential)—

‘‘(A) to the State educational agency or local educational agency, as the case may be, in the complaint

filed under paragraph (6); and

‘‘(B) that shall include—
H. R. 5—53

‘‘(i) the name of the child, the address of the residence of the child, and the name of the school the

child is attending;

‘‘(ii) a description of the nature of the problem

of the child relating to such proposed initiation or

change, including facts relating to such problem; and

‘‘(iii) a proposed resolution of the problem to the

extent known and available to the parents at the time;

and

‘‘(8) procedures that require the State educational agency

to develop a model form to assist parents in filing a complaint

in accordance with paragraph (7).

‘‘(c) CONTENT OF PRIOR WRITTEN NOTICE.—The notice required

by subsection (b)(3) shall include—

‘‘(1) a description of the action proposed or refused by

the agency;

‘‘(2) an explanation of why the agency proposes or refuses

to take the action;

‘‘(3) a description of any other options that the agency

considered and the reasons why those options were rejected;

‘‘(4) a description of each evaluation procedure, test, record,

or report the agency used as a basis for the proposed or refused

action;

‘‘(5) a description of any other factors that are relevant

to the agency’s proposal or refusal;

‘‘(6) a statement that the parents of a child with a disability

have protection under the procedural safeguards of this part

and, if this notice is not an initial referral for evaluation,

the means by which a copy of a description of the procedural

safeguards can be obtained; and

‘‘(7) sources for parents to contact to obtain assistance

in understanding the provisions of this part.

‘‘(d) PROCEDURAL SAFEGUARDS NOTICE.— ‘‘(1) IN GENERAL.—A copy of the procedural safeguards

available to the parents of a child with a disability shall be

given to the parents, at a minimum—

‘‘(A) upon initial referral for evaluation;

‘‘(B) upon each notification of an individualized education program meeting and upon reevaluation of the child;

and

‘‘(C) upon registration of a complaint under subsection

(b)(6).

‘‘(2) CONTENTS.—The procedural safeguards notice shall

include a full explanation of the procedural safeguards, written

in the native language of the parents, unless it clearly is

not feasible to do so, and written in an easily understandable

manner, available under this section and under regulations

promulgated by the Secretary relating to—

‘‘(A) independent educational evaluation;

‘‘(B) prior written notice;

‘‘(C) parental consent;

‘‘(D) access to educational records;

‘‘(E) opportunity to present complaints;

‘‘(F) the child’s placement during pendency of due

process proceedings;

‘‘(G) procedures for students who are subject to placement in an interim alternative educational setting;
H. R. 5—54

‘‘(H) requirements for unilateral placement by parents

of children in private schools at public expense;

‘‘(I) mediation;

‘‘(J) due process hearings, including requirements for

disclosure of evaluation results and recommendations;

‘‘(K) State-level appeals (if applicable in that State);

‘‘(L) civil actions; and

‘‘(M) attorneys’ fees.

‘‘(e) MEDIATION.—

‘‘(1) IN GENERAL.—Any State educational agency or local

educational agency that receives assistance under this part

shall ensure that procedures are established and implemented

to allow parties to disputes involving any matter described

in subsection (b)(6) to resolve such disputes through a mediation

process which, at a minimum, shall be available whenever

a hearing is requested under subsection (f ) or (k).

‘‘(2) REQUIREMENTS.—Such procedures shall meet the following requirements:

‘‘(A) The procedures shall ensure that the mediation

process—

‘‘(i) is voluntary on the part of the parties;

‘‘(ii) is not used to deny or delay a parent’s right

to a due process hearing under subsection (f ), or to

deny any other rights afforded under this part; and

‘‘(iii) is conducted by a qualified and impartial

mediator who is trained in effective mediation techniques.

‘‘(B) A local educational agency or a State agency may

establish procedures to require parents who choose not

to use the mediation process to meet, at a time and location

convenient to the parents, with a disinterested party who

is under contract with—

‘‘(i) a parent training and information center or

community parent resource center in the State established under section 682 or 683; or

‘‘(ii) an appropriate alternative dispute resolution

entity;

to encourage the use, and explain the benefits, of the

mediation process to the parents.

‘‘(C) The State shall maintain a list of individuals

who are qualified mediators and knowledgeable in laws

and regulations relating to the provision of special education and related services.

‘‘(D) The State shall bear the cost of the mediation

process, including the costs of meetings described in

subparagraph (B).

‘‘(E) Each session in the mediation process shall be

scheduled in a timely manner and shall be held in a location that is convenient to the parties to the dispute.

‘‘(F) An agreement reached by the parties to the dispute

in the mediation process shall be set forth in a written

mediation agreement.

‘‘(G) Discussions that occur during the mediation process shall be confidential and may not be used as evidence

in any subsequent due process hearings or civil proceedings

and the parties to the mediation process may be required
H. R. 5—55

to sign a confidentiality pledge prior to the commencement

of such process.

‘‘(f ) IMPARTIAL DUE PROCESS HEARING.—

‘‘(1) IN GENERAL.—Whenever a complaint has been received

under subsection (b)(6) or (k) of this section, the parents

involved in such complaint shall have an opportunity for an

impartial due process hearing, which shall be conducted by

the State educational agency or by the local educational agency,

as determined by State law or by the State educational agency.

‘‘(2) DISCLOSURE OF EVALUATIONS AND RECOMMENDATIONS.—

‘‘(A) IN GENERAL.—At least 5 business days prior to

a hearing conducted pursuant to paragraph (1), each party

shall disclose to all other parties all evaluations completed

by that date and recommendations based on the offering

party’s evaluations that the party intends to use at the

hearing.

‘‘(B) FAILURE TO DISCLOSE.—A hearing officer may bar

any party that fails to comply with subparagraph (A) from

introducing the relevant evaluation or recommendation at

the hearing without the consent of the other party.

‘‘(3) LIMITATION ON CONDUCT OF HEARING.—A hearing conducted pursuant to paragraph (1) may not be conducted by

an employee of the State educational agency or the local educational agency involved in the education or care of the child.

‘‘(g) APPEAL.—If the hearing required by subsection (f ) is conducted by a local educational agency, any party aggrieved by the

findings and decision rendered in such a hearing may appeal such

findings and decision to the State educational agency. Such agency

shall conduct an impartial review of such decision. The officer

conducting such review shall make an independent decision upon

completion of such review.

‘‘(h) SAFEGUARDS.—Any party to a hearing conducted pursuant

to subsection (f ) or (k), or an appeal conducted pursuant to subsection (g), shall be accorded—

‘‘(1) the right to be accompanied and advised by counsel

and by individuals with special knowledge or training with

respect to the problems of children with disabilities;

‘‘(2) the right to present evidence and confront, cross-examine, and compel the attendance of witnesses;

‘‘(3) the right to a written, or, at the option of the parents,

electronic verbatim record of such hearing; and

‘‘(4) the right to written, or, at the option of the parents,

electronic findings of fact and decisions (which findings and

decisions shall be made available to the public consistent with

the requirements of section 617(c) (relating to the confidentiality of data, information, and records) and shall also be

transmitted to the advisory panel established pursuant to section 612(a)(21)).

‘‘(i) ADMINISTRATIVE PROCEDURES.—

‘‘(1) IN GENERAL.—

‘‘(A) DECISION MADE IN HEARING.—A decision made

in a hearing conducted pursuant to subsection (f ) or (k)

shall be final, except that any party involved in such hearing may appeal such decision under the provisions of

subsection (g) and paragraph (2) of this subsection.
H. R. 5—56

‘‘(B) DECISION MADE AT APPEAL.—A decision made

under subsection (g) shall be final, except that any party

may bring an action under paragraph (2) of this subsection.

‘‘(2) RIGHT TO BRING CIVIL ACTION.—

‘‘(A) IN GENERAL.—Any party aggrieved by the findings

and decision made under subsection (f ) or (k) who does

not have the right to an appeal under subsection (g), and

any party aggrieved by the findings and decision under

this subsection, shall have the right to bring a civil action

with respect to the complaint presented pursuant to this

section, which action may be brought in any State court

of competent jurisdiction or in a district court of the United

States without regard to the amount in controversy.

‘‘(B) ADDITIONAL REQUIREMENTS.—In any action

brought under this paragraph, the court—

‘‘(i) shall receive the records of the administrative

proceedings;

‘‘(ii) shall hear additional evidence at the request

of a party; and

‘‘(iii) basing its decision on the preponderance of

the evidence, shall grant such relief as the court determines is appropriate.

‘‘(3) JURISDICTION OF DISTRICT COURTS; ATTORNEYS’ FEES.—

‘‘(A) IN GENERAL.—The district courts of the United

States shall have jurisdiction of actions brought under this

section without regard to the amount in controversy.

‘‘(B) AWARD OF ATTORNEYS’ FEES.—In any action or

proceeding brought under this section, the court, in its

discretion, may award reasonable attorneys’ fees as part

of the costs to the parents of a child with a disability

who is the prevailing party.

‘‘(C) DETERMINATION OF AMOUNT OF ATTORNEYS’ FEES.—Fees awarded under this paragraph shall be based

on rates prevailing in the community in which the action

or proceeding arose for the kind and quality of services

furnished. No bonus or multiplier may be used in calculating the fees awarded under this subsection.

‘‘(D) PROHIBITION OF ATTORNEYS’ FEES AND RELATED

COSTS FOR CERTAIN SERVICES.— ‘‘(i) Attorneys’ fees may not be awarded and related

costs may not be reimbursed in any action or proceeding under this section for services performed

subsequent to the time of a written offer of settlement

to a parent if—

‘‘(I) the offer is made within the time prescribed by Rule 68 of the Federal Rules of Civil

Procedure or, in the case of an administrative

proceeding, at any time more than 10 days before

the proceeding begins;

‘‘(II) the offer is not accepted within 10 days;

and

‘‘(III) the court or administrative hearing officer finds that the relief finally obtained by the

parents is not more favorable to the parents than

the offer of settlement.

‘‘(ii) Attorneys’ fees may not be awarded relating

to any meeting of the IEP Team unless such meeting
H. R. 5—57

is convened as a result of an administrative proceeding

or judicial action, or, at the discretion of the State,

for a mediation described in subsection (e) that is

conducted prior to the filing of a complaint under subsection (b)(6) or (k) of this section.

‘‘(E) EXCEPTION TO PROHIBITION ON ATTORNEYS’ FEES

AND RELATED COSTS.—Notwithstanding subparagraph (D),

an award of attorneys’ fees and related costs may be made

to a parent who is the prevailing party and who was

substantially justified in rejecting the settlement offer.

‘‘(F) REDUCTION IN AMOUNT OF ATTORNEYS’ FEES.—

Except as provided in subparagraph (G), whenever the

court finds that—

‘‘(i) the parent, during the course of the action

or proceeding, unreasonably protracted the final resolution of the controversy;

‘‘(ii) the amount of the attorneys’ fees otherwise

authorized to be awarded unreasonably exceeds the

hourly rate prevailing in the community for similar

services by attorneys of reasonably comparable skill,

reputation, and experience;

‘‘(iii) the time spent and legal services furnished

were excessive considering the nature of the action

or proceeding; or

‘‘(iv) the attorney representing the parent did not

provide to the school district the appropriate information in the due process complaint in accordance with

subsection (b)(7);

the court shall reduce, accordingly, the amount of the attorneys’ fees awarded under this section.

‘‘(G) EXCEPTION TO REDUCTION IN AMOUNT OF

ATTORNEYS’ FEES.—The provisions of subparagraph (F)

shall not apply in any action or proceeding if the court

finds that the State or local educational agency unreasonably protracted the final resolution of the action or proceeding or there was a violation of this section.

‘‘(j) MAINTENANCE OF CURRENT EDUCATIONAL PLACEMENT.— Except as provided in subsection (k)(7), during the pendency of

any proceedings conducted pursuant to this section, unless the

State or local educational agency and the parents otherwise agree,

the child shall remain in the then-current educational placement

of such child, or, if applying for initial admission to a public school,

shall, with the consent of the parents, be placed in the public

school program until all such proceedings have been completed.

‘‘(k) PLACEMENT IN ALTERNATIVE EDUCATIONAL SETTING.—

‘‘(1) AUTHORITY OF SCHOOL PERSONNEL.—

‘‘(A) School personnel under this section may order

a change in the placement of a child with a disability—

‘‘(i) to an appropriate interim alternative educational setting, another setting, or suspension, for

not more than 10 school days (to the extent such

alternatives would be applied to children without

disabilities); and

‘‘(ii) to an appropriate interim alternative educational setting for the same amount of time that a

child without a disability would be subject to discipline,

but for not more than 45 days if—
H. R. 5—58

‘‘(I) the child carries a weapon to school or

to a school function under the jurisdiction of a

State or a local educational agency; or

‘‘(II) the child knowingly possesses or uses

illegal drugs or sells or solicits the sale of a controlled substance while at school or a school

function under the jurisdiction of a State or local

educational agency.

‘‘(B) Either before or not later than 10 days after

taking a disciplinary action described in subparagraph

(A)—

‘‘(i) if the local educational agency did not conduct

a functional behavioral assessment and implement a

behavioral intervention plan for such child before the

behavior that resulted in the suspension described in

subparagraph (A), the agency shall convene an IEP

meeting to develop an assessment plan to address that

behavior; or

‘‘(ii) if the child already has a behavioral intervention plan, the IEP Team shall review the plan and

modify it, as necessary, to address the behavior.

‘‘(2) AUTHORITY OF HEARING OFFICER.—A hearing officer

under this section may order a change in the placement of

a child with a disability to an appropriate interim alternative

educational setting for not more than 45 days if the hearing

officer—

‘‘(A) determines that the public agency has demonstrated by substantial evidence that maintaining the

current placement of such child is substantially likely to

result in injury to the child or to others;

‘‘(B) considers the appropriateness of the child’s current

placement;

‘‘(C) considers whether the public agency has made

reasonable efforts to minimize the risk of harm in the

child’s current placement, including the use of supplementary aids and services; and

‘‘(D) determines that the interim alternative educational setting meets the requirements of paragraph

(3)(B).

‘‘(3) DETERMINATION OF SETTING.—

‘‘(A) IN GENERAL.—The alternative educational setting

described in paragraph (1)(A)(ii) shall be determined by

the IEP Team.

‘‘(B) ADDITIONAL REQUIREMENTS.—Any interim alternative educational setting in which a child is placed under

paragraph (1) or (2) shall—

‘‘(i) be selected so as to enable the child to continue

to participate in the general curriculum, although in

another setting, and to continue to receive those services and modifications, including those described in

the child’s current IEP, that will enable the child to

meet the goals set out in that IEP; and

‘‘(ii) include services and modifications designed

to address the behavior described in paragraph (1)

or paragraph (2) so that it does not recur.

‘‘(4) MANIFESTATION DETERMINATION REVIEW.—
H. R. 5—59

‘‘(A) IN GENERAL.—If a disciplinary action is contemplated as described in paragraph (1) or paragraph (2)

for a behavior of a child with a disability described in

either of those paragraphs, or if a disciplinary action involving a change of placement for more than 10 days is

contemplated for a child with a disability who has engaged

in other behavior that violated any rule or code of conduct

of the local educational agency that applies to all children—

‘‘(i) not later than the date on which the decision

to take that action is made, the parents shall be notified of that decision and of all procedural safeguards

accorded under this section; and

‘‘(ii) immediately, if possible, but in no case later

than 10 school days after the date on which the decision to take that action is made, a review shall be

conducted of the relationship between the child’s

disability and the behavior subject to the disciplinary

action.

‘‘(B) INDIVIDUALS TO CARRY OUT REVIEW.—A review

described in subparagraph (A) shall be conducted by the

IEP Team and other qualified personnel.

‘‘(C) CONDUCT OF REVIEW.—In carrying out a review

described in subparagraph (A), the IEP Team may determine that the behavior of the child was not a manifestation

of such child’s disability only if the IEP Team—

‘‘(i) first considers, in terms of the behavior subject

to disciplinary action, all relevant information, including—

‘‘(I) evaluation and diagnostic results, including such results or other relevant information

supplied by the parents of the child;

‘‘(II) observations of the child; and

‘‘(III) the child’s IEP and placement; and

‘‘(ii) then determines that—

‘‘(I) in relationship to the behavior subject to

disciplinary action, the child’s IEP and placement

were appropriate and the special education

services, supplementary aids and services, and

behavior intervention strategies were provided

consistent with the child’s IEP and placement;

‘‘(II) the child’s disability did not impair the

ability of the child to understand the impact and

consequences of the behavior subject to disciplinary action; and

‘‘(III) the child’s disability did not impair the

ability of the child to control the behavior subject

to disciplinary action.

‘‘(5) DETERMINATION THAT BEHAVIOR WAS NOT MANIFESTATION OF DISABILITY.—

‘‘(A) IN GENERAL.—If the result of the review described

in paragraph (4) is a determination, consistent with paragraph (4)(C), that the behavior of the child with a disability

was not a manifestation of the child’s disability, the relevant disciplinary procedures applicable to children without

disabilities may be applied to the child in the same manner

in which they would be applied to children without disabilities, except as provided in section 612(a)(1).
H. R. 5—60

‘‘(B) ADDITIONAL REQUIREMENT.—If the public agency

initiates disciplinary procedures applicable to all children,

the agency shall ensure that the special education and

disciplinary records of the child with a disability are

transmitted for consideration by the person or persons

making the final determination regarding the disciplinary

action.

‘‘(6) PARENT APPEAL.—

‘‘(A) IN GENERAL.—

‘‘(i) If the child’s parent disagrees with a

determination that the child’s behavior was not a manifestation of the child’s disability or with any decision

regarding placement, the parent may request a hearing.

‘‘(ii) The State or local educational agency shall

arrange for an expedited hearing in any case described

in this subsection when requested by a parent.

‘‘(B) REVIEW OF DECISION.—

‘‘(i) In reviewing a decision with respect to the

manifestation determination, the hearing officer shall

determine whether the public agency has demonstrated

that the child’s behavior was not a manifestation of

such child’s disability consistent with the requirements

of paragraph (4)(C).

‘‘(ii) In reviewing a decision under paragraph

(1)(A)(ii) to place the child in an interim alternative

educational setting, the hearing officer shall apply the

standards set out in paragraph (2).

‘‘(7) PLACEMENT DURING APPEALS.— ‘‘(A) IN GENERAL.—When a parent requests a hearing

regarding a disciplinary action described in paragraph

(1)(A)(ii) or paragraph (2) to challenge the interim

alternative educational setting or the manifestation determination, the child shall remain in the interim alternative

educational setting pending the decision of the hearing

officer or until the expiration of the time period provided

for in paragraph (1)(A)(ii) or paragraph (2), whichever

occurs first, unless the parent and the State or local educational agency agree otherwise.

‘‘(B) CURRENT PLACEMENT.—If a child is placed in an

interim alternative educational setting pursuant to paragraph (1)(A)(ii) or paragraph (2) and school personnel

propose to change the child’s placement after expiration

of the interim alternative placement, during the pendency

of any proceeding to challenge the proposed change in

placement, the child shall remain in the current placement

(the child’s placement prior to the interim alternative educational setting), except as provided in subparagraph (C).

‘‘(C) EXPEDITED HEARING.—

‘‘(i) If school personnel maintain that it is dangerous for the child to be in the current placement

(placement prior to removal to the interim alternative

education setting) during the pendency of the due process proceedings, the local educational agency may

request an expedited hearing.

‘‘(ii) In determining whether the child may be

placed in the alternative educational setting or in
H. R. 5—61

another appropriate placement ordered by the hearing

officer, the hearing officer shall apply the standards

set out in paragraph (2).

‘‘(8) PROTECTIONS FOR CHILDREN NOT YET ELIGIBLE FOR

SPECIAL EDUCATION AND RELATED SERVICES.—

‘‘(A) IN GENERAL.—A child who has not been

determined to be eligible for special education and related

services under this part and who has engaged in behavior

that violated any rule or code of conduct of the local

educational agency, including any behavior described in

paragraph (1), may assert any of the protections provided

for in this part if the local educational agency had knowledge (as determined in accordance with this paragraph)

that the child was a child with a disability before the

behavior that precipitated the disciplinary action occurred.

‘‘(B) BASIS OF KNOWLEDGE.—A local educational agency

shall be deemed to have knowledge that a child is a child

with a disability if—

‘‘(i) the parent of the child has expressed concern

in writing (unless the parent is illiterate or has a

disability that prevents compliance with the requirements contained in this clause) to personnel of the

appropriate educational agency that the child is in

need of special education and related services;

‘‘(ii) the behavior or performance of the child demonstrates the need for such services;

‘‘(iii) the parent of the child has requested an

evaluation of the child pursuant to section 614; or

‘‘(iv) the teacher of the child, or other personnel

of the local educational agency, has expressed concern

about the behavior or performance of the child to the

director of special education of such agency or to other

personnel of the agency.

‘‘(C) CONDITIONS THAT APPLY IF NO BASIS OF KNOWLEDGE.—

‘‘(i) IN GENERAL.—If a local educational agency does

not have knowledge that a child is a child with a

disability (in accordance with subparagraph (B)) prior

to taking disciplinary measures against the child, the

child may be subjected to the same disciplinary

measures as measures applied to children without

disabilities who engaged in comparable behaviors

consistent with clause (ii).

‘‘(ii) LIMITATIONS.—If a request is made for an

evaluation of a child during the time period in which

the child is subjected to disciplinary measures under

paragraph (1) or (2), the evaluation shall be conducted

in an expedited manner. If the child is determined

to be a child with a disability, taking into consideration

information from the evaluation conducted by the

agency and information provided by the parents, the

agency shall provide special education and related services in accordance with the provisions of this part,

except that, pending the results of the evaluation, the

child shall remain in the educational placement determined by school authorities.
H. R. 5—62

‘‘(9) REFERRAL TO AND ACTION BY LAW ENFORCEMENT AND

JUDICIAL AUTHORITIES.—

‘‘(A) Nothing in this part shall be construed to prohibit

an agency from reporting a crime committed by a child

with a disability to appropriate authorities or to prevent

State law enforcement and judicial authorities from exercising their responsibilities with regard to the application

of Federal and State law to crimes committed by a child

with a disability.

‘‘(B) An agency reporting a crime committed by a child

with a disability shall ensure that copies of the special

education and disciplinary records of the child are transmitted for consideration by the appropriate authorities to

whom it reports the crime.

‘‘(10) DEFINITIONS.—For purposes of this subsection, the

following definitions apply:

‘‘(A) CONTROLLED SUBSTANCE.—The term ‘controlled

substance’ means a drug or other substance identified

under schedules I, II, III, IV, or V in section 202(c) of

the Controlled Substances Act (21 U.S.C. 812(c)).

‘‘(B) ILLEGAL DRUG.—The term ‘illegal drug ’—

‘‘(i) means a controlled substance; but

‘‘(ii) does not include such a substance that is

legally possessed or used under the supervision of a

licensed health-care professional or that is legally possessed or used under any other authority under that

Act or under any other provision of Federal law.

‘‘(C) SUBSTANTIAL EVIDENCE.—The term ‘substantial

evidence’ means beyond a preponderance of the evidence.

‘‘(D) WEAPON.—The term ‘weapon’ has the meaning

given the term ‘dangerous weapon’ under paragraph (2)

of the first subsection (g) of section 930 of title 18, United

States Code.

‘‘(l) RULE OF CONSTRUCTION.—Nothing in this title shall be

construed to restrict or limit the rights, procedures, and remedies

available under the Constitution, the Americans with Disabilities

Act of 1990, title V of the Rehabilitation Act of 1973, or other

Federal laws protecting the rights of children with disabilities,

except that before the filing of a civil action under such laws

seeking relief that is also available under this part, the procedures

under subsections (f ) and (g) shall be exhausted to the same extent

as would be required had the action been brought under this part.

‘‘(m) TRANSFER OF PARENTAL RIGHTS AT AGE OF MAJORITY.— ‘‘(1) IN GENERAL.—A State that receives amounts from a

grant under this part may provide that, when a child with

a disability reaches the age of majority under State law (except

for a child with a disability who has been determined to be

incompetent under State law)—

‘‘(A) the public agency shall provide any notice required

by this section to both the individual and the parents;

‘‘(B) all other rights accorded to parents under this

part transfer to the child;

‘‘(C) the agency shall notify the individual and the

parents of the transfer of rights; and

‘‘(D) all rights accorded to parents under this part

transfer to children who are incarcerated in an adult or

juvenile Federal, State, or local correctional institution.
H. R. 5—63

‘‘(2) SPECIAL RULE.—If, under State law, a child with a

disability who has reached the age of majority under State

law, who has not been determined to be incompetent, but

who is determined not to have the ability to provide informed

consent with respect to the educational program of the child,

the State shall establish procedures for appointing the parent

of the child, or if the parent is not available, another appropriate individual, to represent the educational interests of the

child throughout the period of eligibility of the child under

this part.

‘‘SEC. 616. WITHHOLDING AND JUDICIAL REVIEW.

‘‘(a) WITHHOLDING OF PAYMENTS.—

‘‘(1) IN GENERAL.—Whenever the Secretary, after reasonable notice and opportunity for hearing to the State educational

agency involved (and to any local educational agency or State

agency affected by any failure described in subparagraph (B)),

finds—

‘‘(A) that there has been a failure by the State to

comply substantially with any provision of this part; or

‘‘(B) that there is a failure to comply with any condition

of a local educational agency’s or State agency’s eligibility

under this part, including the terms of any agreement

to achieve compliance with this part within the timelines

specified in the agreement;

the Secretary shall, after notifying the State educational

agency, withhold, in whole or in part, any further payments

to the State under this part, or refer the matter for appropriate

enforcement action, which may include referral to the Department of Justice.

‘‘(2) NATURE OF WITHHOLDING.—If the Secretary withholds

further payments under paragraph (1), the Secretary may determine that such withholding will be limited to programs or

projects, or portions thereof, affected by the failure, or that

the State educational agency shall not make further payments

under this part to specified local educational agencies or State

agencies affected by the failure. Until the Secretary is satisfied

that there is no longer any failure to comply with the provisions

of this part, as specified in subparagraph (A) or (B) of paragraph

(1), payments to the State under this part shall be withheld

in whole or in part, or payments by the State educational

agency under this part shall be limited to local educational

agencies and State agencies whose actions did not cause or

were not involved in the failure, as the case may be. Any

State educational agency, State agency, or local educational

agency that has received notice under paragraph (1) shall,

by means of a public notice, take such measures as may be

necessary to bring the pendency of an action pursuant to this

subsection to the attention of the public within the jurisdiction

of such agency.

‘‘(b) JUDICIAL REVIEW.—

‘‘(1) IN GENERAL.—If any State is dissatisfied with the

Secretary’s final action with respect to the eligibility of the

State under section 612, such State may, not later than 60

days after notice of such action, file with the United States

court of appeals for the circuit in which such State is located

a petition for review of that action. A copy of the petition
H. R. 5—64

shall be forthwith transmitted by the clerk of the court to

the Secretary. The Secretary thereupon shall file in the court

the record of the proceedings upon which the Secretary’s action

was based, as provided in section 2112 of title 28, United

States Code.

‘‘(2) JURISDICTION; REVIEW BY UNITED STATES SUPREME

COURT.—Upon the filing of such petition, the court shall have

jurisdiction to affirm the action of the Secretary or to set

it aside, in whole or in part. The judgment of the court shall

be subject to review by the Supreme Court of the United

States upon certiorari or certification as provided in section

1254 of title 28, United States Code.

‘‘(3) STANDARD OF REVIEW.—The findings of fact by the

Secretary, if supported by substantial evidence, shall be conclusive, but the court, for good cause shown, may remand the

case to the Secretary to take further evidence, and the Secretary

may thereupon make new or modified findings of fact and

may modify the Secretary’s previous action, and shall file in

the court the record of the further proceedings. Such new

or modified findings of fact shall likewise be conclusive if supported by substantial evidence.

‘‘(c) DIVIDED STATE AGENCY RESPONSIBILITY.—For purposes of

this section, where responsibility for ensuring that the requirements

of this part are met with respect to children with disabilities who

are convicted as adults under State law and incarcerated in adult

prisons is assigned to a public agency other than the State educational agency pursuant to section 612(a)(11)(C), the Secretary,

in instances where the Secretary finds that the failure to comply

substantially with the provisions of this part are related to a failure

by the public agency, shall take appropriate corrective action to

ensure compliance with this part, except—

‘‘(1) any reduction or withholding of payments to the State

is proportionate to the total funds allotted under section 611

to the State as the number of eligible children with disabilities

in adult prisons under the supervision of the other public

agency is proportionate to the number of eligible individuals

with disabilities in the State under the supervision of the

State educational agency; and

‘‘(2) any withholding of funds under paragraph (1) shall

be limited to the specific agency responsible for the failure

to comply with this part.

‘‘SEC. 617. ADMINISTRATION.

‘‘(a) RESPONSIBILITIES OF SECRETARY.—In carrying out this part,

the Secretary shall—

‘‘(1) cooperate with, and (directly or by grant or contract)

furnish technical assistance necessary to, the State in matters

relating to—

‘‘(A) the education of children with disabilities; and

‘‘(B) carrying out this part; and

‘‘(2) provide short-term training programs and institutes.

‘‘(b) RULES AND REGULATIONS.—In carrying out the provisions

of this part, the Secretary shall issue regulations under this Act

only to the extent that such regulations are necessary to ensure

that there is compliance with the specific requirements of this

Act.
H. R. 5—65

‘‘(c) CONFIDENTIALITY.—The Secretary shall take appropriate

action, in accordance with the provisions of section 444 of the

General Education Provisions Act (20 U.S.C. 1232g), to assure

the protection of the confidentiality of any personally identifiable

data, information, and records collected or maintained by the Secretary and by State and local educational agencies pursuant to

the provisions of this part.

‘‘(d) PERSONNEL.—The Secretary is authorized to hire qualified

personnel necessary to carry out the Secretary’s duties under

subsection (a) and under sections 618, 661, and 673 (or their predecessor authorities through October 1, 1997) without regard to the

provisions of title 5, United States Code, relating to appointments

in the competitive service and without regard to chapter 51 and

subchapter III of chapter 53 of such title relating to classification

and general schedule pay rates, except that no more than twenty

such personnel shall be employed at any time.

‘‘SEC. 618. PROGRAM INFORMATION.

‘‘(a) IN GENERAL.—Each State that receives assistance under

this part, and the Secretary of the Interior, shall provide data

each year to the Secretary—

‘‘(1)(A) on—

‘‘(i) the number of children with disabilities, by race,

ethnicity, and disability category, who are receiving a free

appropriate public education;

‘‘(ii) the number of children with disabilities, by race

and ethnicity, who are receiving early intervention services;

‘‘(iii) the number of children with disabilities, by race,

ethnicity, and disability category, who are participating

in regular education;

‘‘(iv) the number of children with disabilities, by race,

ethnicity, and disability category, who are in separate

classes, separate schools or facilities, or public or private

residential facilities;

‘‘(v) the number of children with disabilities, by race,

ethnicity, and disability category, who, for each year of

age from age 14 to 21, stopped receiving special education

and related services because of program completion or other

reasons and the reasons why those children stopped receiving special education and related services;

‘‘(vi) the number of children with disabilities, by race

and ethnicity, who, from birth through age 2, stopped

receiving early intervention services because of program

completion or for other reasons; and

‘‘(vii)(I) the number of children with disabilities, by

race, ethnicity, and disability category, who under subparagraphs (A)(ii) and (B) of section 615(k)(1), are removed

to an interim alternative educational setting;

‘‘(II) the acts or items precipitating those removals;

and

‘‘(III) the number of children with disabilities who are

subject to long-term suspensions or expulsions; and

‘‘(B) on the number of infants and toddlers, by race and

ethnicity, who are at risk of having substantial developmental

delays (as described in section 632), and who are receiving

early intervention services under part C; and
H. R. 5—66

‘‘(2) on any other information that may be required by

the Secretary.

‘‘(b) SAMPLING.—The Secretary may permit States and the Secretary of the Interior to obtain the data described in subsection

(a) through sampling.

‘‘(c) DISPROPORTIONALITY.—

‘‘(1) IN GENERAL.—Each State that receives assistance

under this part, and the Secretary of the Interior, shall provide

for the collection and examination of data to determine if significant disproportionality based on race is occurring in the State

with respect to—

‘‘(A) the identification of children as children with

disabilities, including the identification of children as children with disabilities in accordance with a particular

impairment described in section 602(3); and

‘‘(B) the placement in particular educational settings

of such children.

‘‘(2) REVIEW AND REVISION OF POLICIES, PRACTICES, AND

PROCEDURES.—In the case of a determination of significant

disproportionality with respect to the identification of children

as children with disabilities, or the placement in particular

educational settings of such children, in accordance with paragraph (1), the State or the Secretary of the Interior, as the

case may be, shall provide for the review and, if appropriate,

revision of the policies, procedures, and practices used in such

identification or placement to ensure that such policies, procedures, and practices comply with the requirements of this Act.

‘‘SEC. 619. PRESCHOOL GRANTS.

‘‘(a) IN GENERAL.—The Secretary shall provide grants under

this section to assist States to provide special education and related

services, in accordance with this part—

‘‘(1) to children with disabilities aged 3 through 5,

inclusive; and

‘‘(2) at the State’s discretion, to 2-year-old children with

disabilities who will turn 3 during the school year.

‘‘(b) ELIGIBILITY.—A State shall be eligible for a grant under

this section if such State—

‘‘(1) is eligible under section 612 to receive a grant under

this part; and

‘‘(2) makes a free appropriate public education available

to all children with disabilities, aged 3 through 5, residing

in the State.

‘‘(c) ALLOCATIONS TO STATES.— ‘‘(1) IN GENERAL.—After reserving funds for studies and

evaluations under section 674(e), the Secretary shall allocate

the remaining amount among the States in accordance with

paragraph (2) or (3), as the case may be.

‘‘(2) INCREASE IN FUNDS.—If the amount available for allocations to States under paragraph (1) is equal to or greater

than the amount allocated to the States under this section

for the preceding fiscal year, those allocations shall be calculated as follows:

‘‘(A)(i) Except as provided in subparagraph (B), the

Secretary shall—

‘‘(I) allocate to each State the amount it received

for fiscal year 1997;
H. R. 5—67

‘‘(II) allocate 85 percent of any remaining funds

to States on the basis of their relative populations

of children aged 3 through 5; and

‘‘(III) allocate 15 percent of those remaining funds

to States on the basis of their relative populations

of all children aged 3 through 5 who are living in

poverty.

‘‘(ii) For the purpose of making grants under this paragraph, the Secretary shall use the most recent population

data, including data on children living in poverty, that

are available and satisfactory to the Secretary.

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

under this paragraph shall be subject to the following:

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

allocation for the preceding fiscal year.

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

greatest of—

‘‘(I) the sum of—

‘‘(aa) the amount it received for fiscal year

1997; and

‘‘(bb) one third of one percent of the

amount by which the amount appropriated

under subsection (j) exceeds the amount appropriated under this section for fiscal year 1997;

‘‘(II) the sum of—

‘‘(aa) the amount it received for the

preceding fiscal year; and

‘‘(bb) that amount multiplied by the

percentage by which the increase in the funds

appropriated from the preceding fiscal year

exceeds 1.5 percent; or

‘‘(III) the sum of—

‘‘(aa) the amount it received for the

preceding fiscal year; and

‘‘(bb) that amount multiplied by 90 percent

of the percentage increase in the amount

appropriated from the preceding fiscal year.

‘‘(iii) Notwithstanding clause (ii), no State’s

allocation under this paragraph shall exceed the

sum of—

‘‘(I) the amount it received for the preceding

fiscal year; and

‘‘(II) that amount multiplied by the sum of

1.5 percent and the percentage increase in the

amount appropriated.

‘‘(C) If the amount available for allocations under this

paragraph is insufficient to pay those allocations in full,

those allocations shall be ratably reduced, subject to

subparagraph (B)(i).

‘‘(3) DECREASE IN FUNDS.—If the amount available for

allocations to States under paragraph (1) is less than the

amount allocated to the States under this section for the preceding fiscal year, those allocations shall be calculated as follows:

‘‘(A) If the amount available for allocations is greater

than the amount allocated to the States for fiscal year

1997, each State shall be allocated the sum of—
H. R. 5—68

‘‘(i) the amount it received for fiscal year

1997; and

‘‘(ii) an amount that bears the same relation to

any remaining funds as the increase the State received

for the preceding fiscal year over fiscal year 1997 bears

to the total of all such increases for all States.

‘‘(B) If the amount available for allocations is equal

to or less than the amount allocated to the States for

fiscal year 1997, each State shall be allocated the amount

it received for that year, ratably reduced, if necessary.

‘‘(4) OUTLYING AREAS.—The Secretary shall increase the

fiscal year 1998 allotment of each outlying area under section

611 by at least the amount that that area received under

this section for fiscal year 1997.

‘‘(d) RESERVATION FOR STATE ACTIVITIES.—

‘‘(1) IN GENERAL.—Each State may retain not more than

the amount described in paragraph (2) for administration and

other State-level activities in accordance with subsections (e)

and (f ).

‘‘(2) AMOUNT DESCRIBED.—For each fiscal year, the Secretary shall determine and report to the State educational

agency an amount that is 25 percent of the amount the State

received under this section for fiscal year 1997, cumulatively

adjusted by the Secretary for each succeeding fiscal year by

the lesser of—

‘‘(A) the percentage increase, if any, from the preceding

fiscal year in the State’s allocation under this section;

or

‘‘(B) the percentage increase, if any, from the preceding

fiscal year in the Consumer Price Index For All Urban

Consumers published by the Bureau of Labor Statistics

of the Department of Labor.

‘‘(e) STATE ADMINISTRATION.— ‘‘(1) IN GENERAL.—For the purpose of administering this

section (including the coordination of activities under this part

with, and providing technical assistance to, other programs

that provide services to children with disabilities) a State may

use not more than 20 percent of the maximum amount it

may retain under subsection (d) for any fiscal year.

‘‘(2) ADMINISTRATION OF PART C.—Funds described in paragraph (1) may also be used for the administration of part

C of this Act, if the State educational agency is the lead

agency for the State under that part.

‘‘(f ) OTHER STATE-LEVEL ACTIVITIES.—Each State shall use any

funds it retains under subsection (d) and does not use for administration under subsection (e)—

‘‘(1) for support services (including establishing and

implementing the mediation process required by section 615(e)),

which may benefit children with disabilities younger than 3

or older than 5 as long as those services also benefit children

with disabilities aged 3 through 5;

‘‘(2) for direct services for children eligible for services

under this section;

‘‘(3) to develop a State improvement plan under subpart

1 of part D;

‘‘(4) for activities at the State and local levels to meet

the performance goals established by the State under section
H. R. 5—69

612(a)(16) and to support implementation of the State improvement plan under subpart 1 of part D if the State receives

funds under that subpart; or

‘‘(5) to supplement other funds used to develop and implement a Statewide coordinated services system designed to

improve results for children and families, including children

with disabilities and their families, but not to exceed one percent of the amount received by the State under this section

for a fiscal year.

‘‘(g) SUBGRANTS TO LOCAL EDUCATIONAL AGENCIES.—

‘‘(1) SUBGRANTS REQUIRED.—Each State that receives a

grant under this section for any fiscal year shall distribute

any of the grant funds that it does not reserve under subsection

(d) to local educational agencies in the State that have established their eligibility under section 613, as follows:

‘‘(A) BASE PAYMENTS.—The State shall first award each

agency described in paragraph (1) the amount that agency

would have received under this section for fiscal year 1997

if the State had distributed 75 percent of its grant for

that year under section 619(c)(3), as then in effect.

‘‘(B) ALLOCATION OF REMAINING FUNDS.—After making

allocations under subparagraph (A), the State shall—

‘‘(i) allocate 85 percent of any remaining funds

to those agencies on the basis of the relative numbers

of children enrolled in public and private elementary

and secondary schools within the agency’s jurisdiction;

and

‘‘(ii) allocate 15 percent of those remaining funds

to those agencies in accordance with their relative

numbers of children living in poverty, as determined

by the State educational agency.

‘‘(2) REALLOCATION OF FUNDS.—If a State educational

agency determines that a local educational agency is adequately providing a free appropriate public education to

all children with disabilities aged 3 through 5 residing

in the area served by that agency with State and local

funds, the State educational agency may reallocate any

portion of the funds under this section that are not needed

by that local agency to provide a free appropriate public

education to other local educational agencies in the State

that are not adequately providing special education and

related services to all children with disabilities aged 3

through 5 residing in the areas they serve.

‘‘(h) PART C INAPPLICABLE.—Part C of this Act does not apply

to any child with a disability receiving a free appropriate public

education, in accordance with this part, with funds received under

this section.

‘‘(i) DEFINITION.—For the purpose of this section, the term

‘State’ means each of the 50 States, the District of Columbia,

and the Commonwealth of Puerto Rico.

‘‘(j) AUTHORIZATION OF APPROPRIATIONS.—For the purpose of

carrying out this section, there are authorized to be appropriated

to the Secretary $500,000,000 for fiscal year 1998 and such sums

as may be necessary for each subsequent fiscal year.
H. R. 5—70

‘‘PART C—INFANTS AND TODDLERS WITH

DISABILITIES

‘‘SEC. 631. FINDINGS AND POLICY.

‘‘(a) FINDINGS.—The Congress finds that there is an urgent

and substantial need—

‘‘(1) to enhance the development of infants and toddlers

with disabilities and to minimize their potential for developmental delay;

‘‘(2) to reduce the educational costs to our society, including

our Nation’s schools, by minimizing the need for special education and related services after infants and toddlers with

disabilities reach school age;

‘‘(3) to minimize the likelihood of institutionalization of

individuals with disabilities and maximize the potential for

their independently living in society;

‘‘(4) to enhance the capacity of families to meet the special

needs of their infants and toddlers with disabilities; and

‘‘(5) to enhance the capacity of State and local agencies

and service providers to identify, evaluate, and meet the needs

of historically underrepresented populations, particularly

minority, low-income, inner-city, and rural populations.

‘‘(b) POLICY.—It is therefore the policy of the United States

to provide financial assistance to States—

‘‘(1) to develop and implement a statewide, comprehensive,

coordinated, multidisciplinary, interagency system that provides early intervention services for infants and toddlers with

disabilities and their families;

‘‘(2) to facilitate the coordination of payment for early intervention services from Federal, State, local, and private sources

(including public and private insurance coverage);

‘‘(3) to enhance their capacity to provide quality early

intervention services and expand and improve existing early

intervention services being provided to infants and toddlers

with disabilities and their families; and

‘‘(4) to encourage States to expand opportunities for children under 3 years of age who would be at risk of having

substantial developmental delay if they did not receive early

intervention services.

‘‘SEC. 632. DEFINITIONS.

‘‘As used in this part:

‘‘(1) AT-RISK INFANT OR TODDLER.—The term ‘at-risk infant

or toddler ’ means an individual under 3 years of age who

would be at risk of experiencing a substantial developmental

delay if early intervention services were not provided to the

individual.

‘‘(2) COUNCIL.—The term ‘council’ means a State interagency coordinating council established under section 641.

‘‘(3) DEVELOPMENTAL DELAY.—The term ‘developmental

delay ’, when used with respect to an individual residing in

a State, has the meaning given such term by the State under

section 635(a)(1).

‘‘(4) EARLY INTERVENTION SERVICES.—The term ‘early intervention services’ means developmental services that—

‘‘(A) are provided under public supervision;
H. R. 5—71

‘‘(B) are provided at no cost except where Federal or

State law provides for a system of payments by families,

including a schedule of sliding fees;

‘‘(C) are designed to meet the developmental needs

of an infant or toddler with a disability in any one or

more of the following areas—

‘‘(i) physical development;

‘‘(ii) cognitive development;

‘‘(iii) communication development;

‘‘(iv) social or emotional development; or

‘‘(v) adaptive development;

‘‘(D) meet the standards of the State in which they

are provided, including the requirements of this part;

‘‘(E) include—

‘‘(i) family training, counseling, and home visits;

‘‘(ii) special instruction;

‘‘(iii) speech-language pathology and audiology

services;

‘‘(iv) occupational therapy;

‘‘(v) physical therapy;

‘‘(vi) psychological services;

‘‘(vii) service coordination services;

‘‘(viii) medical services only for diagnostic or

evaluation purposes;

‘‘(ix) early identification, screening, and assessment services;

‘‘(x) health services necessary to enable the infant

or toddler to benefit from the other early intervention

services;

‘‘(xi) social work services;

‘‘(xii) vision services;

‘‘(xiii) assistive technology devices and assistive

technology services; and

‘‘(xiv) transportation and related costs that are

necessary to enable an infant or toddler and the

infant’s or toddler ’s family to receive another service

described in this paragraph;

‘‘(F) are provided by qualified personnel, including—

‘‘(i) special educators;

‘‘(ii) speech-language pathologists and audiologists;

‘‘(iii) occupational therapists;

‘‘(iv) physical therapists;

‘‘(v) psychologists;

‘‘(vi) social workers;

‘‘(vii) nurses;

‘‘(viii) nutritionists;

‘‘(ix) family therapists;

‘‘(x) orientation and mobility specialists; and

‘‘(xi) pediatricians and other physicians;

‘‘(G) to the maximum extent appropriate, are provided

in natural environments, including the home, and

community settings in which children without disabilities

participate; and

‘‘(H) are provided in conformity with an individualized

family service plan adopted in accordance with section

636.
H. R. 5—72

‘‘(5) INFANT OR TODDLER WITH A DISABILITY.—The term

‘infant or toddler with a disability ’—

‘‘(A) means an individual under 3 years of age who

needs early intervention services because the individual—

‘‘(i) is experiencing developmental delays, as

measured by appropriate diagnostic instruments and

procedures in one or more of the areas of cognitive

development, physical development, communication

development, social or emotional development, and

adaptive development; or

‘‘(ii) has a diagnosed physical or mental condition

which has a high probability of resulting in developmental delay; and

‘‘(B) may also include, at a State’s discretion, at-risk

infants and toddlers.

‘‘SEC. 633. GENERAL AUTHORITY.

‘‘The Secretary shall, in accordance with this part, make grants

to States (from their allotments under section 643) to assist each

State to maintain and implement a statewide, comprehensive,

coordinated, multidisciplinary, interagency system to provide early

intervention services for infants and toddlers with disabilities and

their families.

‘‘SEC. 634. ELIGIBILITY.

‘‘In order to be eligible for a grant under section 633, a State

shall demonstrate to the Secretary that the State—

‘‘(1) has adopted a policy that appropriate early intervention services are available to all infants and toddlers with

disabilities in the State and their families, including Indian

infants and toddlers with disabilities and their families residing

on a reservation geographically located in the State; and

‘‘(2) has in effect a statewide system that meets the requirements of section 635.

‘‘SEC. 635. REQUIREMENTS FOR STATEWIDE SYSTEM.

‘‘(a) IN GENERAL.—A statewide system described in section

633 shall include, at a minimum, the following components:

‘‘(1) A definition of the term ‘developmental delay ’ that

will be used by the State in carrying out programs under

this part.

‘‘(2) A State policy that is in effect and that ensures that

appropriate early intervention services are available to all

infants and toddlers with disabilities and their families, including Indian infants and toddlers and their families residing

on a reservation geographically located in the State.

‘‘(3) A timely, comprehensive, multidisciplinary evaluation

of the functioning of each infant or toddler with a disability

in the State, and a family-directed identification of the needs

of each family of such an infant or toddler, to appropriately

assist in the development of the infant or toddler.

‘‘(4) For each infant or toddler with a disability in the

State, an individualized family service plan in accordance with

section 636, including service coordination services in accordance with such service plan.

‘‘(5) A comprehensive child find system, consistent with

part B, including a system for making referrals to service
H. R. 5—73

providers that includes timelines and provides for participation

by primary referral sources.

‘‘(6) A public awareness program focusing on early identification of infants and toddlers with disabilities, including the

preparation and dissemination by the lead agency designated

or established under paragraph (10) to all primary referral

sources, especially hospitals and physicians, of information for

parents on the availability of early intervention services, and

procedures for determining the extent to which such sources

disseminate such information to parents of infants and toddlers.

‘‘(7) A central directory which includes information on early

intervention services, resources, and experts available in the

State and research and demonstration projects being conducted

in the State.

‘‘(8) A comprehensive system of personnel development,

including the training of paraprofessionals and the training

of primary referral sources respecting the basic components

of early intervention services available in the State, that is

consistent with the comprehensive system of personnel development described in section 612(a)(14) and may include—

‘‘(A) implementing innovative strategies and activities

for the recruitment and retention of early education service

providers;

‘‘(B) promoting the preparation of early intervention

providers who are fully and appropriately qualified to

provide early intervention services under this part;

‘‘(C) training personnel to work in rural and innercity areas; and

‘‘(D) training personnel to coordinate transition services

for infants and toddlers served under this part from an

early intervention program under this part to preschool

or other appropriate services.

‘‘(9) Subject to subsection (b), policies and procedures relating to the establishment and maintenance of standards to

ensure that personnel necessary to carry out this part are

appropriately and adequately prepared and trained, including—

‘‘(A) the establishment and maintenance of standards

which are consistent with any State-approved or recognized

certification, licensing, registration, or other comparable

requirements which apply to the area in which such personnel are providing early intervention services; and

‘‘(B) to the extent such standards are not based on

the highest requirements in the State applicable to a specific profession or discipline, the steps the State is taking

to require the retraining or hiring of personnel that meet

appropriate professional requirements in the State;

except that nothing in this part, including this paragraph,

prohibits the use of paraprofessionals and assistants who are

appropriately trained and supervised, in accordance with State

law, regulations, or written policy, to assist in the provision

of early intervention services to infants and toddlers with

disabilities under this part.

‘‘(10) A single line of responsibility in a lead agency designated or established by the Governor for carrying out—

‘‘(A) the general administration and supervision of programs and activities receiving assistance under section 633,

and the monitoring of programs and activities used by
H. R. 5—74

the State to carry out this part, whether or not such programs or activities are receiving assistance made available

under section 633, to ensure that the State complies with

this part;

‘‘(B) the identification and coordination of all available

resources within the State from Federal, State, local, and

private sources;

‘‘(C) the assignment of financial responsibility in

accordance with section 637(a)(2) to the appropriate agencies;

‘‘(D) the development of procedures to ensure that services are provided to infants and toddlers with disabilities

and their families under this part in a timely manner

pending the resolution of any disputes among public agencies or service providers;

‘‘(E) the resolution of intra- and interagency disputes;

and

‘‘(F) the entry into formal interagency agreements that

define the financial responsibility of each agency for paying

for early intervention services (consistent with State law)

and procedures for resolving disputes and that include

all additional components necessary to ensure meaningful

cooperation and coordination.

‘‘(11) A policy pertaining to the contracting or making of

other arrangements with service providers to provide early

intervention services in the State, consistent with the provisions

of this part, including the contents of the application used

and the conditions of the contract or other arrangements.

‘‘(12) A procedure for securing timely reimbursements of

funds used under this part in accordance with section 640(a).

‘‘(13) Procedural safeguards with respect to programs under

this part, as required by section 639.

‘‘(14) A system for compiling data requested by the Secretary under section 618 that relates to this part.

‘‘(15) A State interagency coordinating council that meets

the requirements of section 641.

‘‘(16) Policies and procedures to ensure that, consistent

with section 636(d)(5)—

‘‘(A) to the maximum extent appropriate, early intervention services are provided in natural environments; and

‘‘(B) the provision of early intervention services for

any infant or toddler occurs in a setting other than a

natural environment only when early intervention cannot

be achieved satisfactorily for the infant or toddler in a

natural environment.

‘‘(b) POLICY.—In implementing subsection (a)(9), a State may

adopt a policy that includes making ongoing good-faith efforts to

recruit and hire appropriately and adequately trained personnel

to provide early intervention services to infants and toddlers with

disabilities, including, in a geographic area of the State where

there is a shortage of such personnel, the most qualified individuals

available who are making satisfactory progress toward completing

applicable course work necessary to meet the standards described

in subsection (a)(9), consistent with State law within 3 years.
H. R. 5—75

‘‘SEC. 636. INDIVIDUALIZED FAMILY SERVICE PLAN.

‘‘(a) ASSESSMENT AND PROGRAM DEVELOPMENT.—A statewide

system described in section 633 shall provide, at a minimum, for

each infant or toddler with a disability, and the infant’s or toddler ’s

family, to receive—

‘‘(1) a multidisciplinary assessment of the unique strengths

and needs of the infant or toddler and the identification of

services appropriate to meet such needs;

‘‘(2) a family-directed assessment of the resources, priorities, and concerns of the family and the identification of the

supports and services necessary to enhance the family ’s capacity to meet the developmental needs of the infant or toddler;

and

‘‘(3) a written individualized family service plan developed

by a multidisciplinary team, including the parents, as required

by subsection (e).

‘‘(b) PERIODIC REVIEW.—The individualized family service plan

shall be evaluated once a year and the family shall be provided

a review of the plan at 6-month intervals (or more often where

appropriate based on infant or toddler and family needs).

‘‘(c) PROMPTNESS AFTER ASSESSMENT.—The individualized family service plan shall be developed within a reasonable time after

the assessment required by subsection (a)(1) is completed. With

the parents’ consent, early intervention services may commence

prior to the completion of the assessment.

‘‘(d) CONTENT OF PLAN.—The individualized family service plan

shall be in writing and contain—

‘‘(1) a statement of the infant’s or toddler ’s present levels

of physical development, cognitive development, communication

development, social or emotional development, and adaptive

development, based on objective criteria;

‘‘(2) a statement of the family ’s resources, priorities, and

concerns relating to enhancing the development of the family ’s

infant or toddler with a disability;

‘‘(3) a statement of the major outcomes expected to be

achieved for the infant or toddler and the family, and the

criteria, procedures, and timelines used to determine the degree

to which progress toward achieving the outcomes is being made

and whether modifications or revisions of the outcomes or services are necessary;

‘‘(4) a statement of specific early intervention services necessary to meet the unique needs of the infant or toddler and

the family, including the frequency, intensity, and method of

delivering services;

‘‘(5) a statement of the natural environments in which

early intervention services shall appropriately be provided,

including a justification of the extent, if any, to which the

services will not be provided in a natural environment;

‘‘(6) the projected dates for initiation of services and the

anticipated duration of the services;

‘‘(7) the identification of the service coordinator from the

profession most immediately relevant to the infant’s or toddler ’s

or family ’s needs (or who is otherwise qualified to carry out

all applicable responsibilities under this part) who will be

responsible for the implementation of the plan and coordination

with other agencies and persons; and
H. R. 5—76

‘‘(8) the steps to be taken to support the transition of

the toddler with a disability to preschool or other appropriate

services.

‘‘(e) PARENTAL CONSENT.—The contents of the individualized

family service plan shall be fully explained to the parents and

informed written consent from the parents shall be obtained prior

to the provision of early intervention services described in such

plan. If the parents do not provide consent with respect to a particular early intervention service, then the early intervention services

to which consent is obtained shall be provided.

‘‘SEC. 637. STATE APPLICATION AND ASSURANCES.

‘‘(a) APPLICATION.—A State desiring to receive a grant under

section 633 shall submit an application to the Secretary at such

time and in such manner as the Secretary may reasonably require.

The application shall contain—

‘‘(1) a designation of the lead agency in the State that

will be responsible for the administration of funds provided

under section 633;

‘‘(2) a designation of an individual or entity responsible

for assigning financial responsibility among appropriate agencies;

‘‘(3) information demonstrating eligibility of the State under

section 634, including—

‘‘(A) information demonstrating to the Secretary’s satisfaction that the State has in effect the statewide system

required by section 633; and

‘‘(B) a description of services to be provided to infants

and toddlers with disabilities and their families through

the system;

‘‘(4) if the State provides services to at-risk infants and

toddlers through the system, a description of such services;

‘‘(5) a description of the uses for which funds will be

expended in accordance with this part;

‘‘(6) a description of the procedure used to ensure that

resources are made available under this part for all geographic

areas within the State;

‘‘(7) a description of State policies and procedures that

ensure that, prior to the adoption by the State of any other

policy or procedure necessary to meet the requirements of this

part, there are public hearings, adequate notice of the hearings,

and an opportunity for comment available to the general public,

including individuals with disabilities and parents of infants

and toddlers with disabilities;

‘‘(8) a description of the policies and procedures to be used—

‘‘(A) to ensure a smooth transition for toddlers receiving

early intervention services under this part to preschool

or other appropriate services, including a description of

how—

‘‘(i) the families of such toddlers will be included

in the transition plans required by subparagraph (C);

and

‘‘(ii) the lead agency designated or established

under section 635(a)(10) will—

‘‘(I) notify the local educational agency for the

area in which such a child resides that the child

will shortly reach the age of eligibility for preschool
H. R. 5—77

services under part B, as determined in accordance

with State law;

‘‘(II) in the case of a child who may be eligible

for such preschool services, with the approval of

the family of the child, convene a conference among

the lead agency, the family, and the local

educational agency at least 90 days (and at the

discretion of all such parties, up to 6 months)

before the child is eligible for the preschool services, to discuss any such services that the child

may receive; and

‘‘(III) in the case of a child who may not be

eligible for such preschool services, with the

approval of the family, make reasonable efforts

to convene a conference among the lead agency,

the family, and providers of other appropriate services for children who are not eligible for preschool

services under part B, to discuss the appropriate

services that the child may receive;

‘‘(B) to review the child’s program options for the period

from the child’s third birthday through the remainder of

the school year; and

‘‘(C) to establish a transition plan; and

‘‘(9) such other information and assurances as the Secretary

may reasonably require.

‘‘(b) ASSURANCES.—The application described in subsection (a)—

‘‘(1) shall provide satisfactory assurance that Federal funds

made available under section 643 to the State will be expended

in accordance with this part;

‘‘(2) shall contain an assurance that the State will comply

with the requirements of section 640;

‘‘(3) shall provide satisfactory assurance that the control

of funds provided under section 643, and title to property

derived from those funds, will be in a public agency for the

uses and purposes provided in this part and that a public

agency will administer such funds and property;

‘‘(4) shall provide for—

‘‘(A) making such reports in such form and containing

such information as the Secretary may require to carry

out the Secretary’s functions under this part; and

‘‘(B) keeping such records and affording such access

to them as the Secretary may find necessary to ensure

the correctness and verification of those reports and proper

disbursement of Federal funds under this part;

‘‘(5) provide satisfactory assurance that Federal funds made

available under section 643 to the State—

‘‘(A) will not be commingled with State funds; and

‘‘(B) will be used so as to supplement the level of

State and local funds expended for infants and toddlers

with disabilities and their families and in no case to supplant those State and local funds;

‘‘(6) shall provide satisfactory assurance that such fiscal

control and fund accounting procedures will be adopted as

may be necessary to ensure proper disbursement of, and

accounting for, Federal funds paid under section 643 to the

State;
H. R. 5—78

‘‘(7) shall provide satisfactory assurance that policies and

procedures have been adopted to ensure meaningful involvement of underserved groups, including minority, low-income,

and rural families, in the planning and implementation of

all the requirements of this part; and

‘‘(8) shall contain such other information and assurances

as the Secretary may reasonably require by regulation.

‘‘(c) STANDARD FOR DISAPPROVAL OF APPLICATION.—The Secretary may not disapprove such an application unless the Secretary

determines, after notice and opportunity for a hearing, that the

application fails to comply with the requirements of this section.

‘‘(d) SUBSEQUENT STATE APPLICATION.—If a State has on file

with the Secretary a policy, procedure, or assurance that

demonstrates that the State meets a requirement of this section,

including any policy or procedure filed under part H (as in effect

before July 1, 1998), the Secretary shall consider the State to

have met the requirement for purposes of receiving a grant under

this part.

‘‘(e) MODIFICATION OF APPLICATION.—An application submitted

by a State in accordance with this section shall remain in effect

until the State submits to the Secretary such modifications as

the State determines necessary. This section shall apply to a modification of an application to the same extent and in the same

manner as this section applies to the original application.

‘‘(f ) MODIFICATIONS REQUIRED BY THE SECRETARY.—The

Secretary may require a State to modify its application under

this section, but only to the extent necessary to ensure the State’s

compliance with this part, if—

‘‘(1) an amendment is made to this Act, or a Federal regulation issued under this Act;

‘‘(2) a new interpretation of this Act is made by a Federal

court or the State’s highest court; or

‘‘(3) an official finding of noncompliance with Federal law

or regulations is made with respect to the State.

‘‘SEC. 638. USES OF FUNDS.

‘‘In addition to using funds provided under section 633 to maintain and implement the statewide system required by such section,

a State may use such funds—

‘‘(1) for direct early intervention services for infants and

toddlers with disabilities, and their families, under this part

that are not otherwise funded through other public or private

sources;

‘‘(2) to expand and improve on services for infants and

toddlers and their families under this part that are otherwise

available;

‘‘(3) to provide a free appropriate public education, in

accordance with part B, to children with disabilities from their

third birthday to the beginning of the following school year;

and

‘‘(4) in any State that does not provide services for atrisk infants and toddlers under section 637(a)(4), to strengthen

the statewide system by initiating, expanding, or improving

collaborative efforts related to at-risk infants and toddlers,

including establishing linkages with appropriate public or private community-based organizations, services, and personnel

for the purposes of—
H. R. 5—79

‘‘(A) identifying and evaluating at-risk infants and

toddlers;

‘‘(B) making referrals of the infants and toddlers identified and evaluated under subparagraph (A); and

‘‘(C) conducting periodic follow-up on each such referral

to determine if the status of the infant or toddler involved

has changed with respect to the eligibility of the infant

or toddler for services under this part.

‘‘SEC. 639. PROCEDURAL SAFEGUARDS.

‘‘(a) MINIMUM PROCEDURES.—The procedural safeguards

required to be included in a statewide system under section

635(a)(13) shall provide, at a minimum, the following:

‘‘(1) The timely administrative resolution of complaints by

parents. Any party aggrieved by the findings and decision

regarding an administrative complaint shall have the right

to bring a civil action with respect to the complaint in any

State court of competent jurisdiction or in a district court

of the United States without regard to the amount in controversy. In any action brought under this paragraph, the court

shall receive the records of the administrative proceedings,

shall hear additional evidence at the request of a party, and,

basing its decision on the preponderance of the evidence, shall

grant such relief as the court determines is appropriate.

‘‘(2) The right to confidentiality of personally identifiable

information, including the right of parents to written notice

of and written consent to the exchange of such information

among agencies consistent with Federal and State law.

‘‘(3) The right of the parents to determine whether they,

their infant or toddler, or other family members will accept

or decline any early intervention service under this part in

accordance with State law without jeopardizing other early

intervention services under this part.

‘‘(4) The opportunity for parents to examine records relating

to assessment, screening, eligibility determinations, and the

development and implementation of the individualized family

service plan.

‘‘(5) Procedures to protect the rights of the infant or toddler

whenever the parents of the infant or toddler are not known

or cannot be found or the infant or toddler is a ward of the

State, including the assignment of an individual (who shall

not be an employee of the State lead agency, or other State

agency, and who shall not be any person, or any employee

of a person, providing early intervention services to the infant

or toddler or any family member of the infant or toddler)

to act as a surrogate for the parents.

‘‘(6) Written prior notice to the parents of the infant or

toddler with a disability whenever the State agency or service

provider proposes to initiate or change or refuses to initiate

or change the identification, evaluation, or placement of the

infant or toddler with a disability, or the provision of appropriate early intervention services to the infant or toddler.

‘‘(7) Procedures designed to ensure that the notice required

by paragraph (6) fully informs the parents, in the parents’

native language, unless it clearly is not feasible to do so,

of all procedures available pursuant to this section.
H. R. 5—80

‘‘(8) The right of parents to use mediation in accordance

with section 615(e), except that—

‘‘(A) any reference in the section to a State educational

agency shall be considered to be a reference to a State’s

lead agency established or designated under section

635(a)(10);

‘‘(B) any reference in the section to a local educational

agency shall be considered to be a reference to a local

service provider or the State’s lead agency under this part,

as the case may be; and

‘‘(C) any reference in the section to the provision of

free appropriate public education to children with disabilities shall be considered to be a reference to the provision

of appropriate early intervention services to infants and

toddlers with disabilities.

‘‘(b) SERVICES DURING PENDENCY OF PROCEEDINGS.—During

the pendency of any proceeding or action involving a complaint

by the parents of an infant or toddler with a disability, unless

the State agency and the parents otherwise agree, the infant or

toddler shall continue to receive the appropriate early intervention

services currently being provided or, if applying for initial services,

shall receive the services not in dispute.

‘‘SEC. 640. PAYOR OF LAST RESORT.

‘‘(a) NONSUBSTITUTION.—Funds provided under section 643 may

not be used to satisfy a financial commitment for services that

would have been paid for from another public or private source,

including any medical program administered by the Secretary of

Defense, but for the enactment of this part, except that whenever

considered necessary to prevent a delay in the receipt of appropriate

early intervention services by an infant, toddler, or family in a

timely fashion, funds provided under section 643 may be used

to pay the provider of services pending reimbursement from the

agency that has ultimate responsibility for the payment.

‘‘(b) REDUCTION OF OTHER BENEFITS.—Nothing in this part

shall be construed to permit the State to reduce medical or other

assistance available or to alter eligibility under title V of the Social

Security Act (relating to maternal and child health) or title XIX

of the Social Security Act (relating to Medicaid for infants or

toddlers with disabilities) within the State.

‘‘SEC. 641. STATE INTERAGENCY COORDINATING COUNCIL.

‘‘(a) ESTABLISHMENT.— ‘‘(1) IN GENERAL.—A State that desires to receive financial

assistance under this part shall establish a State interagency

coordinating council.

‘‘(2) APPOINTMENT.—The council shall be appointed by the

Governor. In making appointments to the council, the Governor

shall ensure that the membership of the council reasonably

represents the population of the State.

‘‘(3) CHAIRPERSON.—The Governor shall designate a member of the council to serve as the chairperson of the council,

or shall require the council to so designate such a member.

Any member of the council who is a representative of the

lead agency designated under section 635(a)(10) may not serve

as the chairperson of the council.

‘‘(b) COMPOSITION.—

‘‘(1) IN GENERAL.—The council shall be composed as follows:
H. R. 5—81

‘‘(A) PARENTS.—At least 20 percent of the members

shall be parents of infants or toddlers with disabilities

or children with disabilities aged 12 or younger, with

knowledge of, or experience with, programs for infants

and toddlers with disabilities. At least one such member

shall be a parent of an infant or toddler with a disability

or a child with a disability aged 6 or younger.

‘‘(B) SERVICE PROVIDERS.—At least 20 percent of the

members shall be public or private providers of early intervention services.

‘‘(C) STATE LEGISLATURE.—At least one member shall

be from the State legislature.

‘‘(D) PERSONNEL PREPARATION.—At least one member

shall be involved in personnel preparation.

‘‘(E) AGENCY FOR EARLY INTERVENTION SERVICES.—At

least one member shall be from each of the State agencies

involved in the provision of, or payment for, early intervention services to infants and toddlers with disabilities and

their families and shall have sufficient authority to engage

in policy planning and implementation on behalf of such

agencies.

‘‘(F) AGENCY FOR PRESCHOOL SERVICES.—At least one

member shall be from the State educational agency responsible for preschool services to children with disabilities

and shall have sufficient authority to engage in policy

planning and implementation on behalf of such agency.

‘‘(G) AGENCY FOR HEALTH INSURANCE.—At least one

member shall be from the agency responsible for the State

governance of health insurance.

‘‘(H) HEAD START AGENCY.—At least one representative

from a Head Start agency or program in the State.

‘‘(I) CHILD CARE AGENCY.—At least one representative

from a State agency responsible for child care.

‘‘(2) OTHER MEMBERS.—The council may include other members selected by the Governor, including a representative from

the Bureau of Indian Affairs, or where there is no BIA-operated

or BIA-funded school, from the Indian Health Service or the

tribe or tribal council.

‘‘(c) MEETINGS.—The council shall meet at least quarterly and

in such places as it deems necessary. The meetings shall be publicly

announced, and, to the extent appropriate, open and accessible

to the general public.

‘‘(d) MANAGEMENT AUTHORITY.—Subject to the approval of the

Governor, the council may prepare and approve a budget using

funds under this part to conduct hearings and forums, to reimburse

members of the council for reasonable and necessary expenses for

attending council meetings and performing council duties (including

child care for parent representatives), to pay compensation to a

member of the council if the member is not employed or must

forfeit wages from other employment when performing official

council business, to hire staff, and to obtain the services of such

professional, technical, and clerical personnel as may be necessary

to carry out its functions under this part.

‘‘(e) FUNCTIONS OF COUNCIL.—

‘‘(1) DUTIES.—The council shall—

‘‘(A) advise and assist the lead agency designated or

established under section 635(a)(10) in the performance
H. R. 5—82

of the responsibilities set forth in such section, particularly

the identification of the sources of fiscal and other support

for services for early intervention programs, assignment

of financial responsibility to the appropriate agency, and

the promotion of the interagency agreements;

‘‘(B) advise and assist the lead agency in the preparation of applications and amendments thereto;

‘‘(C) advise and assist the State educational agency

regarding the transition of toddlers with disabilities to

preschool and other appropriate services; and

‘‘(D) prepare and submit an annual report to the

Governor and to the Secretary on the status of early intervention programs for infants and toddlers with disabilities

and their families operated within the State.

‘‘(2) AUTHORIZED ACTIVITY.—The council may advise and

assist the lead agency and the State educational agency regarding the provision of appropriate services for children from birth

through age 5. The council may advise appropriate agencies

in the State with respect to the integration of services for

infants and toddlers with disabilities and at-risk infants and

toddlers and their families, regardless of whether at-risk infants

and toddlers are eligible for early intervention services in the

State.

‘‘(f ) CONFLICT OF INTEREST.—No member of the council shall

cast a vote on any matter that would provide direct financial

benefit to that member or otherwise give the appearance of a

conflict of interest under State law.

‘‘SEC. 642. FEDERAL ADMINISTRATION.

‘‘Sections 616, 617, and 618 shall, to the extent not inconsistent

with this part, apply to the program authorized by this part,

except that—

‘‘(1) any reference in such sections to a State educational

agency shall be considered to be a reference to a State’s lead

agency established or designated under section 635(a)(10);

‘‘(2) any reference in such sections to a local educational

agency, educational service agency, or a State agency shall

be considered to be a reference to an early intervention service

provider under this part; and

‘‘(3) any reference to the education of children with

disabilities or the education of all children with disabilities

shall be considered to be a reference to the provision of appropriate early intervention services to infants and toddlers with

disabilities.

‘‘SEC. 643. ALLOCATION OF FUNDS.

‘‘(a) RESERVATION OF FUNDS FOR OUTLYING AREAS.—

‘‘(1) IN GENERAL.—From the sums appropriated to carry

out this part for any fiscal year, the Secretary may reserve

up to one percent for payments to Guam, American Samoa,

the Virgin Islands, and the Commonwealth of the Northern

Mariana Islands in accordance with their respective needs.

‘‘(2) CONSOLIDATION OF FUNDS.—The provisions of Public

Law 95–134, permitting the consolidation of grants to the outlying areas, shall not apply to funds those areas receive under

this part.

‘‘(b) PAYMENTS TO INDIANS.—
H. R. 5—83

‘‘(1) IN GENERAL.—The Secretary shall, subject to this subsection, make payments to the Secretary of the Interior to

be distributed to tribes, tribal organizations (as defined under

section 4 of the Indian Self-Determination and Education

Assistance Act), or consortia of the above entities for the

coordination of assistance in the provision of early intervention

services by the States to infants and toddlers with disabilities

and their families on reservations served by elementary and

secondary schools for Indian children operated or funded by

the Department of the Interior. The amount of such payment

for any fiscal year shall be 1.25 percent of the aggregate of

the amount available to all States under this part for such

fiscal year.

‘‘(2) ALLOCATION.—For each fiscal year, the Secretary of

the Interior shall distribute the entire payment received under

paragraph (1) by providing to each tribe, tribal organization,

or consortium an amount based on the number of infants and

toddlers residing on the reservation, as determined annually,

divided by the total of such children served by all tribes, tribal

organizations, or consortia.

‘‘(3) INFORMATION.—To receive a payment under this

subsection, the tribe, tribal organization, or consortium shall

submit such information to the Secretary of the Interior as

is needed to determine the amounts to be distributed under

paragraph (2).

‘‘(4) USE OF FUNDS.—The funds received by a tribe, tribal

organization, or consortium shall be used to assist States in

child find, screening, and other procedures for the early identification of Indian children under 3 years of age and for parent

training. Such funds may also be used to provide early intervention services in accordance with this part. Such activities may

be carried out directly or through contracts or cooperative agreements with the BIA, local educational agencies, and other public

or private nonprofit organizations. The tribe, tribal organization, or consortium is encouraged to involve Indian parents

in the development and implementation of these activities.

The above entities shall, as appropriate, make referrals to

local, State, or Federal entities for the provision of services

or further diagnosis.

‘‘(5) REPORTS.—To be eligible to receive a grant under paragraph (2), a tribe, tribal organization, or consortium shall make

a biennial report to the Secretary of the Interior of activities

undertaken under this subsection, including the number of

contracts and cooperative agreements entered into, the number

of children contacted and receiving services for each year, and

the estimated number of children needing services during the

2 years following the year in which the report is made. The

Secretary of the Interior shall include a summary of this

information on a biennial basis to the Secretary of Education

along with such other information as required under section

611(i)(3)(E). The Secretary of Education may require any additional information from the Secretary of the Interior.

‘‘(6) PROHIBITED USES OF FUNDS.—None of the funds under

this subsection may be used by the Secretary of the Interior

for administrative purposes, including child count, and the

provision of technical assistance.

‘‘(c) STATE ALLOTMENTS.—
H. R. 5—84

‘‘(1) IN GENERAL.—Except as provided in paragraphs (2),

(3), and (4), from the funds remaining for each fiscal year

after the reservation and payments under subsections (a) and

(b), the Secretary shall first allot to each State an amount

that bears the same ratio to the amount of such remainder

as the number of infants and toddlers in the State bears to

the number of infants and toddlers in all States.

‘‘(2) MINIMUM ALLOTMENTS.—Except as provided in paragraphs (3) and (4), no State shall receive an amount under

this section for any fiscal year that is less than the

greatest of—

‘‘(A) one-half of one percent of the remaining amount

described in paragraph (1); or

‘‘(B) $500,000.

‘‘(3) SPECIAL RULE FOR 1998 AND 1999.—

‘‘(A) IN GENERAL.—Except as provided in paragraph

(4), no State may receive an amount under this section

for either fiscal year 1998 or 1999 that is less than the

sum of the amounts such State received for fiscal year

1994 under—

‘‘(i) part H (as in effect for such fiscal year); and

‘‘(ii) subpart 2 of part D of chapter 1 of title I

of the Elementary and Secondary Education Act of

1965 (as in effect on the day before the date of the

enactment of the Improving America’s Schools Act of

1994) for children with disabilities under 3 years of

age.

‘‘(B) EXCEPTION.—If, for fiscal year 1998 or 1999, the

number of infants and toddlers in a State, as determined

under paragraph (1), is less than the number of infants

and toddlers so determined for fiscal year 1994, the amount

determined under subparagraph (A) for the State shall

be reduced by the same percentage by which the number

of such infants and toddlers so declined.

‘‘(4) RATABLE REDUCTION.—

‘‘(A) IN GENERAL.—If the sums made available under

this part for any fiscal year are insufficient to pay the

full amounts that all States are eligible to receive under

this subsection for such year, the Secretary shall ratably

reduce the allotments to such States for such year.

‘‘(B) ADDITIONAL FUNDS.—If additional funds become

available for making payments under this subsection for

a fiscal year, allotments that were reduced under subparagraph (A) shall be increased on the same basis they were

reduced.

‘‘(5) DEFINITIONS.—For the purpose of this subsection—

‘‘(A) the terms ‘infants’ and ‘toddlers’ mean children

under 3 years of age; and

‘‘(B) the term ‘State’ means each of the 50 States,

the District of Columbia, and the Commonwealth of Puerto

Rico.

‘‘(d) REALLOTMENT OF FUNDS.—If a State elects not to receive

its allotment under subsection (c), the Secretary shall reallot, among

the remaining States, amounts from such State in accordance with

such subsection.
H. R. 5—85

‘‘SEC. 644. FEDERAL INTERAGENCY COORDINATING COUNCIL.

‘‘(a) ESTABLISHMENT AND PURPOSE.—

‘‘(1) IN GENERAL.—The Secretary shall establish a Federal

Interagency Coordinating Council in order to—

‘‘(A) minimize duplication of programs and activities

across Federal, State, and local agencies, relating to—

‘‘(i) early intervention services for infants and

toddlers with disabilities (including at-risk infants and

toddlers) and their families; and

‘‘(ii) preschool or other appropriate services for children with disabilities;

‘‘(B) ensure the effective coordination of Federal early

intervention and preschool programs and policies across

Federal agencies;

‘‘(C) coordinate the provision of Federal technical

assistance and support activities to States;

‘‘(D) identify gaps in Federal agency programs and

services; and

‘‘(E) identify barriers to Federal interagency cooperation.

‘‘(2) APPOINTMENTS.—The council established under paragraph (1) (hereafter in this section referred to as the ‘Council’)

and the chairperson of the Council shall be appointed by the

Secretary in consultation with other appropriate Federal agencies. In making the appointments, the Secretary shall ensure

that each member has sufficient authority to engage in policy

planning and implementation on behalf of the department,

agency, or program that the member represents.

‘‘(b) COMPOSITION.—The Council shall be composed of—

‘‘(1) a representative of the Office of Special Education

Programs;

‘‘(2) a representative of the National Institute on Disability

and Rehabilitation Research and a representative of the Office

of Educational Research and Improvement;

‘‘(3) a representative of the Maternal and Child Health

Services Block Grant Program;

‘‘(4) a representative of programs administered under the

Developmental Disabilities Assistance and Bill of Rights Act;

‘‘(5) a representative of the Health Care Financing Administration;

‘‘(6) a representative of the Division of Birth Defects and

Developmental Disabilities of the Centers for Disease Control;

‘‘(7) a representative of the Social Security Administration;

‘‘(8) a representative of the special supplemental nutrition

program for women, infants, and children of the Department

of Agriculture;

‘‘(9) a representative of the National Institute of Mental

Health;

‘‘(10) a representative of the National Institute of Child

Health and Human Development;

‘‘(11) a representative of the Bureau of Indian Affairs of

the Department of the Interior;

‘‘(12) a representative of the Indian Health Service;

‘‘(13) a representative of the Surgeon General;

‘‘(14) a representative of the Department of Defense;
H. R. 5—86

‘‘(15) a representative of the Children’s Bureau, and a

representative of the Head Start Bureau, of the Administration

for Children and Families;

‘‘(16) a representative of the Substance Abuse and Mental

Health Services Administration;

‘‘(17) a representative of the Pediatric AIDS Health Care

Demonstration Program in the Public Health Service;

‘‘(18) parents of children with disabilities age 12 or under

(who shall constitute at least 20 percent of the members of

the Council), of whom at least one must have a child with

a disability under the age of 6;

‘‘(19) at least two representatives of State lead agencies

for early intervention services to infants and toddlers, one

of whom must be a representative of a State educational agency

and the other a representative of a non-educational agency;

‘‘(20) other members representing appropriate agencies

involved in the provision of, or payment for, early intervention

services and special education and related services to infants

and toddlers with disabilities and their families and preschool

children with disabilities; and

‘‘(21) other persons appointed by the Secretary.

‘‘(c) MEETINGS.—The Council shall meet at least quarterly and

in such places as the Council deems necessary. The meetings shall

be publicly announced, and, to the extent appropriate, open and

accessible to the general public.

‘‘(d) FUNCTIONS OF THE COUNCIL.—The Council shall—

‘‘(1) advise and assist the Secretary of Education, the Secretary of Health and Human Services, the Secretary of Defense,

the Secretary of the Interior, the Secretary of Agriculture,

and the Commissioner of Social Security in the performance

of their responsibilities related to serving children from birth

through age 5 who are eligible for services under this part

or under part B;

‘‘(2) conduct policy analyses of Federal programs related

to the provision of early intervention services and special educational and related services to infants and toddlers with

disabilities and their families, and preschool children with

disabilities, in order to determine areas of conflict, overlap,

duplication, or inappropriate omission;

‘‘(3) identify strategies to address issues described in paragraph (2);

‘‘(4) develop and recommend joint policy memoranda

concerning effective interagency collaboration, including

modifications to regulations, and the elimination of barriers

to interagency programs and activities;

‘‘(5) coordinate technical assistance and disseminate

information on best practices, effective program coordination

strategies, and recommendations for improved early intervention programming for infants and toddlers with disabilities

and their families and preschool children with disabilities; and

‘‘(6) facilitate activities in support of States’ interagency

coordination efforts.

‘‘(e) CONFLICT OF INTEREST.—No member of the Council shall

cast a vote on any matter that would provide direct financial

benefit to that member or otherwise give the appearance of a

conflict of interest under Federal law.
H. R. 5—87

‘‘(f ) FEDERAL ADVISORY COMMITTEE ACT.—The Federal

Advisory Committee Act (5 U.S.C. App.) shall not apply to the

establishment or operation of the Council.

‘‘SEC. 645. AUTHORIZATION OF APPROPRIATIONS.

‘‘For the purpose of carrying out this part, there are authorized

to be appropriated $400,000,000 for fiscal year 1998 and such

sums as may be necessary for each of the fiscal years 1999 through

2002.

‘‘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.

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

‘‘(1) States are responding with some success to multiple

pressures to improve educational and transitional services and

results for children with disabilities in response to growing

demands imposed by ever-changing factors, such as demographics, social policies, and labor and economic markets.

‘‘(2) In order for States to address such demands and to

facilitate lasting systemic change that is of benefit to all students, including children with disabilities, States must involve

local educational agencies, parents, individuals with disabilities

and their families, teachers and other service providers, and

other interested individuals and organizations in carrying out

comprehensive strategies to improve educational results for

children with disabilities.

‘‘(3) Targeted Federal financial resources are needed to

assist States, working in partnership with others, to identify

and make needed changes to address the needs of children

with disabilities into the next century.

‘‘(4) State educational agencies, in partnership with local

educational agencies and other individuals and organizations,

are in the best position to identify and design ways to meet

emerging and expanding demands to improve education for

children with disabilities and to address their special needs.

‘‘(5) Research, demonstration, and practice over the past

20 years in special education and related disciplines have built

a foundation of knowledge on which State and local systemicchange activities can now be based.

‘‘(6) Such research, demonstration, and practice in special

education and related disciplines have demonstrated that an

effective educational system now and in the future must—

‘‘(A) maintain high academic standards and clear

performance goals for children with disabilities, consistent

with the standards and expectations for all students in

the educational system, and provide for appropriate and

effective strategies and methods to ensure that students

who are children with disabilities have maximum

opportunities to achieve those standards and goals;

‘‘(B) create a system that fully addresses the needs

of all students, including children with disabilities, by
H. R. 5—88

addressing the needs of children with disabilities in carrying out educational reform activities;

‘‘(C) clearly define, in measurable terms, the school

and post-school results that children with disabilities are

expected to achieve;

‘‘(D) promote service integration, and the coordination

of State and local education, social, health, mental health,

and other services, in addressing the full range of student

needs, particularly the needs of children with disabilities

who require significant levels of support to maximize their

participation and learning in school and the community;

‘‘(E) ensure that children with disabilities are provided

assistance and support in making transitions as described

in section 674(b)(3)(C);

‘‘(F) promote comprehensive programs of professional

development to ensure that the persons responsible for

the education or a transition of children with disabilities

possess the skills and knowledge necessary to address the

educational and related needs of those children;

‘‘(G) disseminate to teachers and other personnel serving children with disabilities research-based knowledge

about successful teaching practices and models and provide

technical assistance to local educational agencies and

schools on how to improve results for children with disabilities;

‘‘(H) create school-based disciplinary strategies that

will be used to reduce or eliminate the need to use suspension and expulsion as disciplinary options for children with

disabilities;

‘‘(I) establish placement-neutral funding formulas and

cost-effective strategies for meeting the needs of children

with disabilities; and

‘‘(J) involve individuals with disabilities and parents

of children with disabilities in planning, implementing,

and evaluating systemic-change activities and educational

reforms.

‘‘(b) PURPOSE.—The purpose of this subpart is to assist State

educational agencies, and their partners referred to in section

652(b), in reforming and improving their systems for providing

educational, early intervention, and transitional services, including

their systems for professional development, technical assistance,

and dissemination of knowledge about best practices, to improve

results for children with disabilities.

‘‘SEC. 652. ELIGIBILITY AND COLLABORATIVE PROCESS.

‘‘(a) ELIGIBLE APPLICANTS.—A State educational agency may

apply for a grant under this subpart for a grant period of not

less than 1 year and not more than 5 years.

‘‘(b) PARTNERS.—

‘‘(1) REQUIRED PARTNERS.—

‘‘(A) CONTRACTUAL PARTNERS.—In order to be considered for a grant under this subpart, a State educational

agency shall establish a partnership with local educational

agencies and other State agencies involved in, or concerned

with, the education of children with disabilities.

‘‘(B) OTHER PARTNERS.—In order to be considered for

a grant under this subpart, a State educational agency
H. R. 5—89

shall work in partnership with other persons and organizations involved in, and concerned with, the education of

children with disabilities, including—

‘‘(i) the Governor;

‘‘(ii) parents of children with disabilities;

‘‘(iii) parents of nondisabled children;

‘‘(iv) individuals with disabilities;

‘‘(v) organizations representing individuals with

disabilities and their parents, such as parent training

and information centers;

‘‘(vi) community-based and other nonprofit

organizations involved in the education and employment of individuals with disabilities;

‘‘(vii) the lead State agency for part C;

‘‘(viii) general and special education teachers, and

early intervention personnel;

‘‘(ix) the State advisory panel established under

part C;

‘‘(x) the State interagency coordinating council

established under part C; and

‘‘(xi) institutions of higher education within the

State.

‘‘(2) OPTIONAL PARTNERS.—A partnership under subparagraph (A) or (B) of paragraph (1) may also include—

‘‘(A) individuals knowledgeable about vocational

education;

‘‘(B) the State agency for higher education;

‘‘(C) the State vocational rehabilitation agency;

‘‘(D) public agencies with jurisdiction in the areas of

health, mental health, social services, and juvenile justice;

and

‘‘(E) other individuals.

‘‘SEC. 653. APPLICATIONS.

‘‘(a) IN GENERAL.— ‘‘(1) SUBMISSION.—A State educational agency that desires

to receive a grant under this subpart shall submit to the

Secretary an application at such time, in such manner, and

including such information as the Secretary may require.

‘‘(2) STATE IMPROVEMENT PLAN.—The application shall

include a State improvement plan that—

‘‘(A) is integrated, to the maximum extent possible,

with State plans under the Elementary and Secondary

Education Act of 1965 and the Rehabilitation Act of 1973,

as appropriate; and

‘‘(B) meets the requirements of this section.

‘‘(b) DETERMINING CHILD AND PROGRAM NEEDS.—

‘‘(1) IN GENERAL.—Each State improvement plan shall

identify those critical aspects of early intervention, general

education, and special education programs (including professional development, based on an assessment of State and local

needs) that must be improved to enable children with disabilities to meet the goals established by the State under section

612(a)(16).

‘‘(2) REQUIRED ANALYSES.—To meet the requirement of

paragraph (1), the State improvement plan shall include at

least—
H. R. 5—90

‘‘(A) an analysis of all information, reasonably available

to the State educational agency, on the performance of

children with disabilities in the State, including—

‘‘(i) their performance on State assessments and

other performance indicators established for all children, including drop-out rates and graduation rates;

‘‘(ii) their participation in postsecondary education

and employment; and

‘‘(iii) how their performance on the assessments

and indicators described in clause (i) compares to that

of non-disabled children;

‘‘(B) an analysis of State and local needs for professional development for personnel to serve children with

disabilities that includes, at a minimum—

‘‘(i) the number of personnel providing special

education and related services; and

‘‘(ii) relevant information on current and anticipated personnel vacancies and shortages (including the

number of individuals described in clause (i) with temporary certification), and on the extent of certification

or retraining necessary to eliminate such shortages,

that is based, to the maximum extent possible, on

existing assessments of personnel needs;

‘‘(C) an analysis of the major findings of the Secretary’s

most recent reviews of State compliance, as they relate

to improving results for children with disabilities; and

‘‘(D) an analysis of other information, reasonably available to the State, on the effectiveness of the State’s systems

of early intervention, special education, and general education in meeting the needs of children with disabilities.

‘‘(c) IMPROVEMENT STRATEGIES.—Each State improvement

plan shall—

‘‘(1) describe a partnership agreement that—

‘‘(A) specifies—

‘‘(i) the nature and extent of the partnership among

the State educational agency, local educational agencies, and other State agencies involved in, or concerned

with, the education of children with disabilities, and

the respective roles of each member of the partnership;

and

‘‘(ii) how such agencies will work in partnership

with other persons and organizations involved in, and

concerned with, the education of children with disabilities, including the respective roles of each of these

persons and organizations; and

‘‘(B) is in effect for the period of the grant;

‘‘(2) describe how grant funds will be used in undertaking

the systemic-change activities, and the amount and nature

of funds from any other sources, including part B funds retained

for use at the State level under sections 611(f ) and 619(d),

that will be committed to the systemic-change activities;

‘‘(3) describe the strategies the State will use to address

the needs identified under subsection (b), including—

‘‘(A) how the State will change State policies and procedures to address systemic barriers to improving results

for children with disabilities;
H. R. 5—91

‘‘(B) how the State will hold local educational agencies

and schools accountable for educational progress of children

with disabilities;

‘‘(C) how the State will provide technical assistance

to local educational agencies and schools to improve results

for children with disabilities;

‘‘(D) how the State will address the identified needs

for in-service and pre-service preparation to ensure that

all personnel who work with children with disabilities

(including both professional and paraprofessional personnel

who provide special education, general education, related

services, or early intervention services) have the skills and

knowledge necessary to meet the needs of children with

disabilities, including a description of how—

‘‘(i) the State will prepare general and special education personnel with the content knowledge and

collaborative skills needed to meet the needs of children

with disabilities, including how the State will work

with other States on common certification criteria;

‘‘(ii) the State will prepare professionals and paraprofessionals in the area of early intervention with

the content knowledge and collaborative skills needed

to meet the needs of infants and toddlers with disabilities;

‘‘(iii) the State will work with institutions of higher

education and other entities that (on both a pre-service

and an in-service basis) prepare personnel who work

with children with disabilities to ensure that those

institutions and entities develop the capacity to support

quality professional development programs that meet

State and local needs;

‘‘(iv) the State will work to develop collaborative

agreements with other States for the joint support

and development of programs to prepare personnel

for which there is not sufficient demand within a single

State to justify support or development of such a program of preparation;

‘‘(v) the State will work in collaboration with other

States, particularly neighboring States, to address the

lack of uniformity and reciprocity in the credentialing

of teachers and other personnel;

‘‘(vi) the State will enhance the ability of teachers

and others to use strategies, such as behavioral interventions, to address the conduct of children with

disabilities that impedes the learning of children with

disabilities and others;

‘‘(vii) the State will acquire and disseminate, to

teachers, administrators, school board members, and

related services personnel, significant knowledge

derived from educational research and other sources,

and how the State will, when appropriate, adopt

promising practices, materials, and technology;

‘‘(viii) the State will recruit, prepare, and retain

qualified personnel, including personnel with

disabilities and personnel from groups that are underrepresented in the fields of regular education, special

education, and related services;
H. R. 5—92

‘‘(ix) the plan is integrated, to the maximum extent

possible, with other professional development plans

and activities, including plans and activities developed

and carried out under other Federal and State laws

that address personnel recruitment and training; and

‘‘(x) the State will provide for the joint training

of parents and special education, related services, and

general education personnel;

‘‘(E) strategies that will address systemic problems

identified in Federal compliance reviews, including shortages of qualified personnel;

‘‘(F) how the State will disseminate results of the local

capacity-building and improvement projects funded under

section 611(f )(4);

‘‘(G) how the State will address improving results for

children with disabilities in the geographic areas of greatest

need; and

‘‘(H) how the State will assess, on a regular basis,

the extent to which the strategies implemented under this

subpart have been effective; and

‘‘(4) describe how the improvement strategies described

in paragraph (3) will be coordinated with public and private

sector resources.

‘‘(d) COMPETITIVE AWARDS.—

‘‘(1) IN GENERAL.—The Secretary shall make grants under

this subpart on a competitive basis.

‘‘(2) PRIORITY.—The Secretary may give priority to applications on the basis of need, as indicated by such information

as the findings of Federal compliance reviews.

‘‘(e) PEER REVIEW.— ‘‘(1) IN GENERAL.—The Secretary shall use a panel of

experts who are competent, by virtue of their training, expertise, or experience, to evaluate applications under this subpart.

‘‘(2) COMPOSITION OF PANEL.—A majority of a panel

described in paragraph (1) shall be composed of individuals

who are not employees of the Federal Government.

‘‘(3) PAYMENT OF FEES AND EXPENSES OF CERTAIN MEM- BERS.—The Secretary may use available funds appropriated

to carry out this subpart to pay the expenses and fees of

panel members who are not employees of the Federal Government.

‘‘(f ) REPORTING PROCEDURES.—Each State educational agency

that receives a grant under this subpart shall submit performance

reports to the Secretary pursuant to a schedule to be determined

by the Secretary, but not more frequently than annually. The

reports shall describe the progress of the State in meeting the

performance goals established under section 612(a)(16), analyze

the effectiveness of the State’s strategies in meeting those goals,

and identify any changes in the strategies needed to improve its

performance.

‘‘SEC. 654. USE OF FUNDS.

‘‘(a) IN GENERAL.—

‘‘(1) ACTIVITIES.—A State educational agency that receives

a grant under this subpart may use the grant to carry out

any activities that are described in the State’s application and

that are consistent with the purpose of this subpart.
H. R. 5—93

‘‘(2) CONTRACTS AND SUBGRANTS.—Each such State educational agency—

‘‘(A) shall, consistent with its partnership agreement

under section 652(b), award contracts or subgrants to local

educational agencies, institutions of higher education, and

parent training and information centers, as appropriate,

to carry out its State improvement plan under this subpart;

and

‘‘(B) may award contracts and subgrants to other public

and private entities, including the lead agency under part

C, to carry out such plan.

‘‘(b) USE OF FUNDS FOR PROFESSIONAL DEVELOPMENT.—A State

educational agency that receives a grant under this subpart—

‘‘(1) shall use not less than 75 percent of the funds it

receives under the grant for any fiscal year—

‘‘(A) to ensure that there are sufficient regular education, special education, and related services personnel

who have the skills and knowledge necessary to meet the

needs of children with disabilities and developmental goals

of young children; or

‘‘(B) to work with other States on common certification

criteria; or

‘‘(2) shall use not less than 50 percent of such funds for

such purposes, if the State demonstrates to the Secretary’s

satisfaction that it has the personnel described in paragraph

(1)(A).

‘‘(c) GRANTS TO OUTLYING AREAS.—Public Law 95–134, permitting the consolidation of grants to the outlying areas, shall not

apply to funds received under this subpart.

‘‘SEC. 655. MINIMUM STATE GRANT AMOUNTS.

‘‘(a) IN GENERAL.—The Secretary shall make a grant to each

State educational agency whose application the Secretary has

selected for funding under this subpart in an amount for each

fiscal year that is—

‘‘(1) not less than $500,000, nor more than $2,000,000,

in the case of the 50 States, the District of Columbia, and

the Commonwealth of Puerto Rico; and

‘‘(2) not less than $80,000, in the case of an outlying area.

‘‘(b) INFLATION ADJUSTMENT.—Beginning with fiscal year 1999,

the Secretary may increase the maximum amount described in

subsection (a)(1) to account for inflation.

‘‘(c) FACTORS.—The Secretary shall set the amount of each

grant under subsection (a) after considering—

‘‘(1) the amount of funds available for making the grants;

‘‘(2) the relative population of the State or outlying

area; and

‘‘(3) the types of activities proposed by the State or outlying

area.

‘‘SEC. 656. AUTHORIZATION OF APPROPRIATIONS.

‘‘There are authorized to be appropriated to carry out this

subpart such sums as may be necessary for each of the fiscal

years 1998 through 2002.
H. R. 5—94

‘‘Subpart 2—Coordinated Research, Personnel

Preparation, Technical Assistance, Support, and

Dissemination of Information

‘‘SEC. 661. ADMINISTRATIVE PROVISIONS.

‘‘(a) COMPREHENSIVE PLAN.—

‘‘(1) IN GENERAL.—The Secretary shall develop and implement a comprehensive plan for activities carried out under

this subpart in order to enhance the provision of educational,

related, transitional, and early intervention services to children

with disabilities under parts B and C. The plan shall include

mechanisms to address educational, related services, transitional, and early intervention needs identified by State

educational agencies in applications submitted for State program improvement grants under subpart 1.

‘‘(2) PARTICIPANTS IN PLAN DEVELOPMENT.—In developing

the plan described in paragraph (1), the Secretary shall

consult with—

‘‘(A) individuals with disabilities;

‘‘(B) parents of children with disabilities;

‘‘(C) appropriate professionals; and

‘‘(D) representatives of State and local educational

agencies, private schools, institutions of higher education,

other Federal agencies, the National Council on Disability,

and national organizations with an interest in, and expertise in, providing services to children with disabilities and

their families.

‘‘(3) PUBLIC COMMENT.—The Secretary shall take public

comment on the plan.

‘‘(4) DISTRIBUTION OF FUNDS.—In implementing the plan,

the Secretary shall, to the extent appropriate, ensure that

funds are awarded to recipients under this subpart to carry

out activities that benefit, directly or indirectly, children with

disabilities of all ages.

‘‘(5) REPORTS TO CONGRESS.—The Secretary shall periodically report to the Congress on the Secretary’s activities under

this subsection, including an initial report not later than the

date that is 18 months after the date of the enactment of

the Individuals with Disabilities Education Act Amendments

of 1997.

‘‘(b) ELIGIBLE APPLICANTS.—

‘‘(1) IN GENERAL.—Except as otherwise provided in this

subpart, the following entities are eligible to apply for a grant,

contract, or cooperative agreement under this subpart:

‘‘(A) A State educational agency.

‘‘(B) A local educational agency.

‘‘(C) An institution of higher education.

‘‘(D) Any other public agency.

‘‘(E) A private nonprofit organization.

‘‘(F) An outlying area.

‘‘(G) An Indian tribe or a tribal organization (as defined

under section 4 of the Indian Self-Determination and Education Assistance Act).
H. R. 5—95

‘‘(H) A for-profit organization, if the Secretary finds

it appropriate in light of the purposes of a particular competition for a grant, contract, or cooperative agreement

under this subpart.

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

eligible for an award of a grant, contract, or cooperative agreement to one or more categories of eligible entities described

in paragraph (1).

‘‘(c) USE OF FUNDS BY SECRETARY.—Notwithstanding any other

provision of law, and in addition to any authority granted the

Secretary under chapter 1 or chapter 2, the Secretary may use

up to 20 percent of the funds available under either chapter 1

or chapter 2 for any fiscal year to carry out any activity, or combination of activities, subject to such conditions as the Secretary

determines are appropriate effectively to carry out the purposes

of such chapters, that—

‘‘(1) is consistent with the purposes of chapter 1, chapter

2, or both; and

‘‘(2) involves—

‘‘(A) research;

‘‘(B) personnel preparation;

‘‘(C) parent training and information;

‘‘(D) technical assistance and dissemination;

‘‘(E) technology development, demonstration, and utilization; or

‘‘(F) media services.

‘‘(d) SPECIAL POPULATIONS.—

‘‘(1) APPLICATION REQUIREMENT.—In making an award of

a grant, contract, or cooperative agreement under this subpart,

the Secretary shall, as appropriate, require an applicant to

demonstrate how the applicant will address the needs of children with disabilities from minority backgrounds.

‘‘(2) OUTREACH AND TECHNICAL ASSISTANCE.— ‘‘(A) REQUIREMENT.—Notwithstanding any other provision of this Act, the Secretary shall ensure that at least

one percent of the total amount of funds appropriated

to carry out this subpart is used for either or both of

the following activities:

‘‘(i) To provide outreach and technical assistance

to Historically Black Colleges and Universities, and

to institutions of higher education with minority

enrollments of at least 25 percent, to promote the

participation of such colleges, universities, and institutions in activities under this subpart.

‘‘(ii) To enable Historically Black Colleges and

Universities, and the institutions described in clause

(i), to assist other colleges, universities, institutions,

and agencies in improving educational and transitional

results for children with disabilities.

‘‘(B) RESERVATION OF FUNDS.—The Secretary may

reserve funds appropriated under this subpart to satisfy

the requirement of subparagraph (A).

‘‘(e) PRIORITIES.—

‘‘(1) IN GENERAL.—Except as otherwise explicitly authorized

in this subpart, the Secretary shall ensure that a grant, contract, or cooperative agreement under chapter 1 or 2 is awarded

only—
H. R. 5—96

‘‘(A) for activities that are designed to benefit children

with disabilities, their families, or the personnel employed

to work with such children or their families; or

‘‘(B) to benefit other individuals with disabilities that

such chapter is intended to benefit.

‘‘(2) PRIORITY FOR PARTICULAR ACTIVITIES.—Subject to

paragraph (1), the Secretary, in making an award of a grant,

contract, or cooperative agreement under this subpart, may,

without regard to the rule making procedures under section

553 of title 5, United States Code, limit competitions to, or

otherwise give priority to—

‘‘(A) projects that address one or more—

‘‘(i) age ranges;

‘‘(ii) disabilities;

‘‘(iii) school grades;

‘‘(iv) types of educational placements or early intervention environments;

‘‘(v) types of services;

‘‘(vi) content areas, such as reading; or

‘‘(vii) effective strategies for helping children with

disabilities learn appropriate behavior in the school

and other community-based educational settings;

‘‘(B) projects that address the needs of children based

on the severity of their disability;

‘‘(C) projects that address the needs of—

‘‘(i) low-achieving students;

‘‘(ii) underserved populations;

‘‘(iii) children from low-income families;

‘‘(iv) children with limited English proficiency;

‘‘(v) unserved and underserved areas;

‘‘(vi) particular types of geographic areas; or

‘‘(vii) children whose behavior interferes with their

learning and socialization;

‘‘(D) projects to reduce inappropriate identification of

children as children with disabilities, particularly among

minority children;

‘‘(E) projects that are carried out in particular areas

of the country, to ensure broad geographic coverage; and

‘‘(F) any activity that is expressly authorized in chapter

1 or 2.

‘‘(f ) APPLICANT AND RECIPIENT RESPONSIBILITIES.— ‘‘(1) DEVELOPMENT AND ASSESSMENT OF PROJECTS.—The

Secretary shall require that an applicant for, and a recipient

of, a grant, contract, or cooperative agreement for a project

under this subpart—

‘‘(A) involve individuals with disabilities or parents

of individuals with disabilities in planning, implementing,

and evaluating the project; and

‘‘(B) where appropriate, determine whether the project

has any potential for replication and adoption by other

entities.

‘‘(2) ADDITIONAL RESPONSIBILITIES.—The Secretary may

require a recipient of a grant, contract, or cooperative agreement for a project under this subpart—

‘‘(A) to share in the cost of the project;

‘‘(B) to prepare the research and evaluation findings

and products from the project in formats that are useful
H. R. 5—97

for specific audiences, including parents, administrators,

teachers, early intervention personnel, related services

personnel, and individuals with disabilities;

‘‘(C) to disseminate such findings and products; and

‘‘(D) to collaborate with other such recipients in carrying out subparagraphs (B) and (C).

‘‘(g) APPLICATION MANAGEMENT.—

‘‘(1) STANDING PANEL.—

‘‘(A) IN GENERAL.—The Secretary shall establish and

use a standing panel of experts who are competent, by

virtue of their training, expertise, or experience, to evaluate

applications under this subpart that, individually, request

more than $75,000 per year in Federal financial assistance.

‘‘(B) MEMBERSHIP.—The standing panel shall include,

at a minimum—

‘‘(i) individuals who are representatives of institutions of higher education that plan, develop, and carry

out programs of personnel preparation;

‘‘(ii) individuals who design and carry out programs

of research targeted to the improvement of special

education programs and services;

‘‘(iii) individuals who have recognized experience

and knowledge necessary to integrate and apply

research findings to improve educational and transitional results for children with disabilities;

‘‘(iv) individuals who administer programs at the

State or local level in which children with disabilities

participate;

‘‘(v) individuals who prepare parents of children

with disabilities to participate in making decisions

about the education of their children;

‘‘(vi) individuals who establish policies that affect

the delivery of services to children with disabilities;

‘‘(vii) individuals who are parents of children with

disabilities who are benefiting, or have benefited, from

coordinated research, personnel preparation, and technical assistance; and

‘‘(viii) individuals with disabilities.

‘‘(C) TRAINING.—The Secretary shall provide training

to the individuals who are selected as members of the

standing panel under this paragraph.

‘‘(D) TERM.—No individual shall serve on the standing

panel for more than 3 consecutive years, unless the

Secretary determines that the individual’s continued

participation is necessary for the sound administration of

this subpart.

‘‘(2) PEER-REVIEW PANELS FOR PARTICULAR COMPETITIONS.—

‘‘(A) COMPOSITION.—The Secretary shall ensure that

each sub-panel selected from the standing panel that

reviews applications under this subpart includes—

‘‘(i) individuals with knowledge and expertise on

the issues addressed by the activities authorized by

the subpart; and

‘‘(ii) to the extent practicable, parents of children

with disabilities, individuals with disabilities, and persons from diverse backgrounds.
H. R. 5—98

‘‘(B) FEDERAL EMPLOYMENT LIMITATION.—A majority of

the individuals on each sub-panel that reviews an application under this subpart shall be individuals who are not

employees of the Federal Government.

‘‘(3) USE OF DISCRETIONARY FUNDS FOR ADMINISTRATIVE

PURPOSES.—

‘‘(A) EXPENSES AND FEES OF NON-FEDERAL PANEL MEMBERS.—The Secretary may use funds available under this

subpart to pay the expenses and fees of the panel members

who are not officers or employees of the Federal Government.

‘‘(B) ADMINISTRATIVE SUPPORT.—The Secretary may use

not more than 1 percent of the funds appropriated to carry

out this subpart to pay non-Federal entities for administrative support related to management of applications

submitted under this subpart.

‘‘(C) MONITORING.—The Secretary may use funds available under this subpart to pay the expenses of Federal

employees to conduct on-site monitoring of projects receiving $500,000 or more for any fiscal year under this subpart.

‘‘(h) PROGRAM EVALUATION.—The Secretary may use funds

appropriated to carry out this subpart to evaluate activities carried

out under the subpart.

‘‘(i) MINIMUM FUNDING REQUIRED.—

‘‘(1) IN GENERAL.—Subject to paragraph (2), the Secretary

shall ensure that, for each fiscal year, at least the following

amounts are provided under this subpart to address the following needs:

‘‘(A) $12,832,000 to address the educational, related

services, transitional, and early intervention needs of

children with deaf-blindness.

‘‘(B) $4,000,000 to address the postsecondary, vocational, technical, continuing, and adult education needs

of individuals with deafness.

‘‘(C) $4,000,000 to address the educational, related

services, and transitional needs of children with an emotional disturbance and those who are at risk of developing

an emotional disturbance.

‘‘(2) RATABLE REDUCTION.—If the total amount appropriated

to carry out sections 672, 673, and 685 for any fiscal year

is less than $130,000,000, the amounts listed in paragraph

(1) shall be ratably reduced.

‘‘(j) ELIGIBILITY FOR FINANCIAL ASSISTANCE.—Effective for fiscal

years for which the Secretary may make grants under section

619(b), no State or local educational agency or educational service

agency or other public institution or agency may receive a grant

under this subpart which relates exclusively to programs, projects,

and activities pertaining to children aged 3 through 5, inclusive,

unless the State is eligible to receive a grant under section 619(b).
H. R. 5—99

‘‘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.

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

‘‘(1) The Federal Government has an ongoing obligation

to support programs, projects, and activities that contribute

to positive results for children with disabilities, enabling them—

‘‘(A) to meet their early intervention, educational, and

transitional goals and, to the maximum extent possible,

educational standards that have been established for all

children; and

‘‘(B) to acquire the skills that will empower them to

lead productive and independent adult lives.

‘‘(2)(A) As a result of more than 20 years of Federal support

for research, demonstration projects, and personnel preparation,

there is an important knowledge base for improving results

for children with disabilities.

‘‘(B) Such knowledge should be used by States and local

educational agencies to design and implement state-of-the-art

educational systems that consider the needs of, and include,

children with disabilities, especially in environments in which

they can learn along with their peers and achieve results measured by the same standards as the results of their peers.

‘‘(3)(A) Continued Federal support is essential for the development and maintenance of a coordinated and high-quality

program of research, demonstration projects, dissemination of

information, and personnel preparation.

‘‘(B) Such support—

‘‘(i) enables State educational agencies and local educational agencies to improve their educational systems and

results for children with disabilities;

‘‘(ii) enables State and local agencies to improve early

intervention services and results for infants and toddlers

with disabilities and their families; and

‘‘(iii) enhances the opportunities for general and special

education personnel, related services personnel, parents,

and paraprofessionals to participate in pre-service and inservice training, to collaborate, and to improve results for

children with disabilities and their families.

‘‘(4) The Federal Government plays a critical role in facilitating the availability of an adequate number of qualified

personnel—

‘‘(A) to serve effectively the over 5,000,000 children

with disabilities;

‘‘(B) to assume leadership positions in administrative

and direct-service capacities related to teacher training

and research concerning the provision of early intervention

services, special education, and related services; and

‘‘(C) to work with children with low-incidence disabilities and their families.

‘‘(5) The Federal Government performs the role described

in paragraph (4)—
H. R. 5—100

‘‘(A) by supporting models of personnel development

that reflect successful practice, including strategies for

recruiting, preparing, and retaining personnel;

‘‘(B) by promoting the coordination and integration of—

‘‘(i) personnel-development activities for teachers

of children with disabilities; and

‘‘(ii) other personnel-development activities supported under Federal law, including this chapter;

‘‘(C) by supporting the development and dissemination

of information about teaching standards; and

‘‘(D) by promoting the coordination and integration

of personnel-development activities through linkage with

systemic-change activities within States and nationally.

‘‘(b) PURPOSE.—The purpose of this chapter is to provide Federal

funding for coordinated research, demonstration projects, outreach,

and personnel-preparation activities that—

‘‘(1) are described in sections 672 through 674;

‘‘(2) are linked with, and promote, systemic change; and

‘‘(3) improve early intervention, educational, and transitional results for children with disabilities.

‘‘SEC. 672. RESEARCH AND INNOVATION TO IMPROVE SERVICES AND

RESULTS FOR CHILDREN WITH DISABILITIES.

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

to, or enter into contracts or cooperative agreements with, eligible

entities to produce, and advance the use of, knowledge—

‘‘(1) to improve—

‘‘(A) services provided under this Act, including the

practices of professionals and others involved in providing

such services to children with disabilities; and

‘‘(B) educational results for children with disabilities;

‘‘(2) to address the special needs of preschool-aged children

and infants and toddlers with disabilities, including infants

and toddlers who would be at risk of having substantial developmental delays if early intervention services were not provided

to them;

‘‘(3) to address the specific problems of over-identification

and under-identification of children with disabilities;

‘‘(4) to develop and implement effective strategies for

addressing inappropriate behavior of students with disabilities

in schools, including strategies to prevent children with emotional and behavioral problems from developing emotional

disturbances that require the provision of special education

and related services;

‘‘(5) to improve secondary and postsecondary education and

transitional services for children with disabilities; and

‘‘(6) to address the range of special education, related services, and early intervention needs of children with disabilities

who need significant levels of support to maximize their participation and learning in school and in the community.

‘‘(b) NEW KNOWLEDGE PRODUCTION; AUTHORIZED ACTIVITIES.—

‘‘(1) IN GENERAL.—In carrying out this section, the

Secretary shall support activities, consistent with the objectives

described in subsection (a), that lead to the production of new

knowledge.
H. R. 5—101

‘‘(2) AUTHORIZED ACTIVITIES.—Activities that may be carried out under this subsection include activities such as the

following:

‘‘(A) Expanding understanding of the relationships

between learning characteristics of children with disabilities and the diverse ethnic, cultural, linguistic, social, and

economic backgrounds of children with disabilities and

their families.

‘‘(B) Developing or identifying innovative, effective, and

efficient curricula designs, instructional approaches, and

strategies, and developing or identifying positive academic

and social learning opportunities, that—

‘‘(i) enable children with disabilities to make effective transitions described in section 674(b)(3)(C) or

transitions between educational settings; and

‘‘(ii) improve educational and transitional results

for children with disabilities at all levels of the educational system in which the activities are carried out

and, in particular, that improve the progress of the

children, as measured by assessments within the general education curriculum involved.

‘‘(C) Advancing the design of assessment tools and

procedures that will accurately and efficiently determine

the special instructional, learning, and behavioral needs

of children with disabilities, especially within the context

of general education.

‘‘(D) Studying and promoting improved alignment and

compatibility of general and special education reforms concerned with curricular and instructional reform, evaluation

and accountability of such reforms, and administrative

procedures.

‘‘(E) Advancing the design, development, and integration of technology, assistive technology devices, media, and

materials, to improve early intervention, educational, and

transitional services and results for children with disabilities.

‘‘(F) Improving designs, processes, and results of

personnel preparation for personnel who provide services

to children with disabilities through the acquisition of

information on, and implementation of, research-based

practices.

‘‘(G) Advancing knowledge about the coordination of

education with health and social services.

‘‘(H) Producing information on the long-term impact

of early intervention and education on results for individuals with disabilities through large-scale longitudinal

studies.

‘‘(c) INTEGRATION OF RESEARCH AND PRACTICE; AUTHORIZED

ACTIVITIES.—

‘‘(1) IN GENERAL.—In carrying out this section, the Secretary shall support activities, consistent with the objectives

described in subsection (a), that integrate research and practice,

including activities that support State systemic-change and

local capacity-building and improvement efforts.

‘‘(2) AUTHORIZED ACTIVITIES.—Activities that may be carried out under this subsection include activities such as the

following:
H. R. 5—102

‘‘(A) Model demonstration projects to apply and test

research findings in typical service settings to determine

the usability, effectiveness, and general applicability of

such research findings in such areas as improving instructional methods, curricula, and tools, such as textbooks and

media.

‘‘(B) Demonstrating and applying research-based findings to facilitate systemic changes, related to the provision

of services to children with disabilities, in policy, procedure,

practice, and the training and use of personnel.

‘‘(C) Promoting and demonstrating the coordination of

early intervention and educational services for children

with disabilities with services provided by health,

rehabilitation, and social service agencies.

‘‘(D) Identifying and disseminating solutions that overcome systemic barriers to the effective and efficient delivery

of early intervention, educational, and transitional services

to children with disabilities.

‘‘(d) IMPROVING THE USE OF PROFESSIONAL KNOWLEDGE;

AUTHORIZED ACTIVITIES.—

‘‘(1) IN GENERAL.—In carrying out this section, the Secretary shall support activities, consistent with the objectives

described in subsection (a), that improve the use of professional

knowledge, including activities that support State systemicchange and local capacity-building and improvement efforts.

‘‘(2) AUTHORIZED ACTIVITIES.—Activities that may be

carried out under this subsection include activities such as

the following:

‘‘(A) Synthesizing useful research and other information relating to the provision of services to children with

disabilities, including effective practices.

‘‘(B) Analyzing professional knowledge bases to

advance an understanding of the relationships, and the

effectiveness of practices, relating to the provision of services to children with disabilities.

‘‘(C) Ensuring that research and related products are

in appropriate formats for distribution to teachers, parents,

and individuals with disabilities.

‘‘(D) Enabling professionals, parents of children with

disabilities, and other persons, to learn about, and implement, the findings of research, and successful practices

developed in model demonstration projects, relating to the

provision of services to children with disabilities.

‘‘(E) Conducting outreach, and disseminating information relating to successful approaches to overcoming

systemic barriers to the effective and efficient delivery of

early intervention, educational, and transitional services,

to personnel who provide services to children with disabilities.

‘‘(e) BALANCE AMONG ACTIVITIES AND AGE RANGES.—In carrying

out this section, the Secretary shall ensure that there is an appropriate balance—

‘‘(1) among knowledge production, integration of research

and practice, and use of professional knowledge; and

‘‘(2) across all age ranges of children with disabilities.

‘‘(f ) APPLICATIONS.—An eligible entity that wishes to receive

a grant, or enter into a contract or cooperative agreement, under
H. R. 5—103

this section shall submit an application to the Secretary at such

time, in such manner, and containing such information as the

Secretary may require.

‘‘(g) AUTHORIZATION OF APPROPRIATIONS.—There are authorized

to be appropriated to carry out this section such sums as may

be necessary for each of the fiscal years 1998 through 2002.

‘‘SEC. 673. PERSONNEL PREPARATION TO IMPROVE SERVICES AND

RESULTS FOR CHILDREN WITH DISABILITIES.

‘‘(a) IN GENERAL.—The Secretary shall, on a competitive basis,

make grants to, or enter into contracts or cooperative agreements

with, eligible entities—

‘‘(1) to help address State-identified needs for qualified

personnel in special education, related services, early intervention, and regular education, to work with children with

disabilities; and

‘‘(2) to ensure that those personnel have the skills and

knowledge, derived from practices that have been determined,

through research and experience, to be successful, that are

needed to serve those children.

‘‘(b) LOW-INCIDENCE DISABILITIES; AUTHORIZED ACTIVITIES.—

‘‘(1) IN GENERAL.—In carrying out this section, the

Secretary shall support activities, consistent with the objectives

described in subsection (a), that benefit children with lowincidence disabilities.

‘‘(2) AUTHORIZED ACTIVITIES.—Activities that may be carried out under this subsection include activities such as the

following:

‘‘(A) Preparing persons who—

‘‘(i) have prior training in educational and other

related service fields; and

‘‘(ii) are studying to obtain degrees, certificates,

or licensure that will enable them to assist children

with disabilities to achieve the objectives set out in

their individualized education programs described in

section 614(d), or to assist infants and toddlers with

disabilities to achieve the outcomes described in their

individualized family service plans described in section

636.

‘‘(B) Providing personnel from various disciplines with

interdisciplinary training that will contribute to improvement in early intervention, educational, and transitional

results for children with disabilities.

‘‘(C) Preparing personnel in the innovative uses and

application of technology to enhance learning by children

with disabilities through early intervention, educational,

and transitional services.

‘‘(D) Preparing personnel who provide services to visually impaired or blind children to teach and use Braille

in the provision of services to such children.

‘‘(E) Preparing personnel to be qualified educational

interpreters, to assist children with disabilities, particularly

deaf and hard-of-hearing children in school and schoolrelated activities and deaf and hard-of-hearing infants and

toddlers and preschool children in early intervention and

preschool programs.
H. R. 5—104

‘‘(F) Preparing personnel who provide services to children with significant cognitive disabilities and children

with multiple disabilities.

‘‘(3) DEFINITION.—As used in this section, the term ‘lowincidence disability ’ means—

‘‘(A) a visual or hearing impairment, or simultaneous

visual and hearing impairments;

‘‘(B) a significant cognitive impairment; or

‘‘(C) any impairment for which a small number of

personnel with highly specialized skills and knowledge are

needed in order for children with that impairment to

receive early intervention services or a free appropriate

public education.

‘‘(4) SELECTION OF RECIPIENTS.—In selecting recipients

under this subsection, the Secretary may give preference to

applications that propose to prepare personnel in more than

one low-incidence disability, such as deafness and blindness.

‘‘(5) PREPARATION IN USE OF BRAILLE.—The Secretary shall

ensure that all recipients of assistance under this subsection

who will use that assistance to prepare personnel to provide

services to visually impaired or blind children that can appropriately be provided in Braille will prepare those individuals

to provide those services in Braille.

‘‘(c) LEADERSHIP PREPARATION; AUTHORIZED ACTIVITIES.—

‘‘(1) IN GENERAL.—In carrying out this section, the Secretary shall support leadership preparation activities that are

consistent with the objectives described in subsection (a).

‘‘(2) AUTHORIZED ACTIVITIES.—Activities that may be carried out under this subsection include activities such as the

following:

‘‘(A) Preparing personnel at the advanced graduate,

doctoral, and postdoctoral levels of training to administer,

enhance, or provide services for children with disabilities.

‘‘(B) Providing interdisciplinary training for various

types of leadership personnel, including teacher

preparation faculty, administrators, researchers, supervisors, principals, and other persons whose work affects

early intervention, educational, and transitional services

for children with disabilities.

‘‘(d) PROJECTS OF NATIONAL SIGNIFICANCE; AUTHORIZED

ACTIVITIES.— ‘‘(1) IN GENERAL.—In carrying out this section, the Secretary shall support activities, consistent with the objectives

described in subsection (a), that are of national significance

and have broad applicability.

‘‘(2) AUTHORIZED ACTIVITIES.—Activities that may be carried out under this subsection include activities such as the

following:

‘‘(A) Developing and demonstrating effective and efficient practices for preparing personnel to provide services

to children with disabilities, including practices that

address any needs identified in the State’s improvement

plan under part C;

‘‘(B) Demonstrating the application of significant

knowledge derived from research and other sources in the

development of programs to prepare personnel to provide

services to children with disabilities.
H. R. 5—105

‘‘(C) Demonstrating models for the preparation of, and

interdisciplinary training of, early intervention, special education, and general education personnel, to enable the

personnel—

‘‘(i) to acquire the collaboration skills necessary

to work within teams to assist children with disabilities; and

‘‘(ii) to achieve results that meet challenging

standards, particularly within the general education

curriculum.

‘‘(D) Demonstrating models that reduce shortages of

teachers, and personnel from other relevant disciplines,

who serve children with disabilities, through reciprocity

arrangements between States that are related to licensure

and certification.

‘‘(E) Developing, evaluating, and disseminating model

teaching standards for persons working with children with

disabilities.

‘‘(F) Promoting the transferability, across State and

local jurisdictions, of licensure and certification of teachers

and administrators working with such children.

‘‘(G) Developing and disseminating models that prepare

teachers with strategies, including behavioral interventions, for addressing the conduct of children with

disabilities that impedes their learning and that of others

in the classroom.

‘‘(H) Institutes that provide professional development

that addresses the needs of children with disabilities to

teachers or teams of teachers, and where appropriate, to

school board members, administrators, principals, pupilservice personnel, and other staff from individual schools.

‘‘(I) Projects to improve the ability of general education

teachers, principals, and other administrators to meet the

needs of children with disabilities.

‘‘(J) Developing, evaluating, and disseminating innovative models for the recruitment, induction, retention, and

assessment of new, qualified teachers, especially from

groups that are underrepresented in the teaching profession, including individuals with disabilities.

‘‘(K) Supporting institutions of higher education with

minority enrollments of at least 25 percent for the purpose

of preparing personnel to work with children with disabilities.

‘‘(e) HIGH-INCIDENCE DISABILITIES; AUTHORIZED ACTIVITIES.— ‘‘(1) IN GENERAL.—In carrying out this section, the

Secretary shall support activities, consistent with the objectives

described in subsection (a), to benefit children with highincidence disabilities, such as children with specific learning

disabilities, speech or language impairment, or mental retardation.

‘‘(2) AUTHORIZED ACTIVITIES.—Activities that may be carried out under this subsection include the following:

‘‘(A) Activities undertaken by institutions of higher

education, local educational agencies, and other local entities—

‘‘(i) to improve and reform their existing programs

to prepare teachers and related services personnel—
H. R. 5—106

‘‘(I) to meet the diverse needs of children with

disabilities for early intervention, educational, and

transitional services; and

‘‘(II) to work collaboratively in regular classroom settings; and

‘‘(ii) to incorporate best practices and researchbased knowledge about preparing personnel so they

will have the knowledge and skills to improve educational results for children with disabilities.

‘‘(B) Activities incorporating innovative strategies to

recruit and prepare teachers and other personnel to meet

the needs of areas in which there are acute and persistent

shortages of personnel.

‘‘(C) Developing career opportunities for paraprofessionals to receive training as special education teachers,

related services personnel, and early intervention personnel, including interdisciplinary training to enable them

to improve early intervention, educational, and transitional

results for children with disabilities.

‘‘(f ) APPLICATIONS.—

‘‘(1) IN GENERAL.—Any eligible entity that wishes to receive

a grant, or enter into a contract or cooperative agreement,

under this section shall submit an application to the Secretary

at such time, in such manner, and containing such information

as the Secretary may require.

‘‘(2) IDENTIFIED STATE NEEDS.—

‘‘(A) REQUIREMENT TO ADDRESS IDENTIFIED NEEDS.—

Any application under subsection (b), (c), or (e) shall include

information demonstrating to the satisfaction of the Secretary that the activities described in the application will

address needs identified by the State or States the

applicant proposes to serve.

‘‘(B) COOPERATION WITH STATE EDUCATIONAL AGENCIES.—Any applicant that is not a local educational agency

or a State educational agency shall include information

demonstrating to the satisfaction of the Secretary that

the applicant and one or more State educational agencies

have engaged in a cooperative effort to plan the project

to which the application pertains, and will cooperate in

carrying out and monitoring the project.

‘‘(3) ACCEPTANCE BY STATES OF PERSONNEL PREPARATION

REQUIREMENTS.—The Secretary may require applicants to

provide letters from one or more States stating that the States—

‘‘(A) intend to accept successful completion of the proposed personnel preparation program as meeting State

personnel standards for serving children with disabilities

or serving infants and toddlers with disabilities; and

‘‘(B) need personnel in the area or areas in which

the applicant proposes to provide preparation, as identified

in the States’ comprehensive systems of personnel development under parts B and C.

‘‘(g) SELECTION OF RECIPIENTS.—

‘‘(1) IMPACT OF PROJECT.—In selecting recipients under this

section, the Secretary may consider the impact of the project

proposed in the application in meeting the need for personnel

identified by the States.
H. R. 5—107

‘‘(2) REQUIREMENT ON APPLICANTS TO MEET STATE AND

PROFESSIONAL STANDARDS.—The Secretary shall make grants

under this section only to eligible applicants that meet State

and professionally-recognized standards for the preparation of

special education and related services personnel, if the purpose

of the project is to assist personnel in obtaining degrees.

‘‘(3) PREFERENCES.—In selecting recipients under this

section, the Secretary may—

‘‘(A) give preference to institutions of higher education

that are educating regular education personnel to meet

the needs of children with disabilities in integrated settings

and educating special education personnel to work in

collaboration with regular educators in integrated settings;

and

‘‘(B) give preference to institutions of higher education

that are successfully recruiting and preparing individuals

with disabilities and individuals from groups that are

underrepresented in the profession for which they are

preparing individuals.

‘‘(h) SERVICE OBLIGATION.—

‘‘(1) IN GENERAL.—Each application for funds under subsections (b) and (e), and to the extent appropriate subsection

(d), shall include an assurance that the applicant will ensure

that individuals who receive a scholarship under the proposed

project will subsequently provide special education and related

services to children with disabilities for a period of 2 years

for every year for which assistance was received or repay all

or part of the cost of that assistance, in accordance with regulations issued by the Secretary.

‘‘(2) LEADERSHIP PREPARATION.—Each application for funds

under subsection (c) shall include an assurance that the

applicant will ensure that individuals who receive a scholarship

under the proposed project will subsequently perform work

related to their preparation for a period of 2 years for every

year for which assistance was received or repay all or part

of such costs, in accordance with regulations issued by the

Secretary.

‘‘(i) SCHOLARSHIPS.—The Secretary may include funds for scholarships, with necessary stipends and allowances, in awards under

subsections (b), (c), (d), and (e).

‘‘(j) AUTHORIZATION OF APPROPRIATIONS.—There are authorized

to be appropriated to carry out this section such sums as may

be necessary for each of the fiscal years 1998 through 2002.

‘‘SEC. 674. STUDIES AND EVALUATIONS.

‘‘(a) STUDIES AND EVALUATIONS.—

‘‘(1) IN GENERAL.—The Secretary shall, directly or through

grants, contracts, or cooperative agreements, assess the

progress in the implementation of this Act, including the

effectiveness of State and local efforts to provide—

‘‘(A) a free appropriate public education to children

with disabilities; and

‘‘(B) early intervention services to infants and toddlers

with disabilities and infants and toddlers who would be

at risk of having substantial developmental delays if early

intervention services were not provided to them.
H. R. 5—108

‘‘(2) AUTHORIZED ACTIVITIES.—In carrying out this subsection, the Secretary may support studies, evaluations, and

assessments, including studies that—

‘‘(A) analyze measurable impact, outcomes, and results

achieved by State educational agencies and local educational agencies through their activities to reform policies,

procedures, and practices designed to improve educational

and transitional services and results for children with

disabilities;

‘‘(B) analyze State and local needs for professional

development, parent training, and other appropriate

activities that can reduce the need for disciplinary actions

involving children with disabilities;

‘‘(C) assess educational and transitional services and

results for children with disabilities from minority backgrounds, including—

‘‘(i) data on—

‘‘(I) the number of minority children who are

referred for special education evaluation;

‘‘(II) the number of minority children who are

receiving special education and related services

and their educational or other service placement;

and

‘‘(III) the number of minority children who

graduated from secondary and postsecondary education programs; and

‘‘(ii) the performance of children with disabilities

from minority backgrounds on State assessments and

other performance indicators established for all students;

‘‘(D) measure educational and transitional services and

results of children with disabilities under this Act, including longitudinal studies that—

‘‘(i) examine educational and transitional services

and results for children with disabilities who are 3

through 17 years of age and are receiving special education and related services under this Act, using a

national, representative sample of distinct age cohorts

and disability categories; and

‘‘(ii) examine educational results, postsecondary

placement, and employment status of individuals with

disabilities, 18 through 21 years of age, who are

receiving or have received special education and related

services under this Act; and

‘‘(E) identify and report on the placement of children

with disabilities by disability category.

‘‘(b) NATIONAL ASSESSMENT.—

‘‘(1) IN GENERAL.—The Secretary shall carry out a national

assessment of activities carried out with Federal funds under

this Act in order—

‘‘(A) to determine the effectiveness of this Act in achieving its purposes;

‘‘(B) to provide information to the President, the

Congress, the States, local educational agencies, and the

public on how to implement the Act more effectively; and
H. R. 5—109

‘‘(C) to provide the President and the Congress with

information that will be useful in developing legislation

to achieve the purposes of this Act more effectively.

‘‘(2) CONSULTATION.—The Secretary shall plan, review, and

conduct the national assessment under this subsection in

consultation with researchers, State practitioners, local

practitioners, parents of children with disabilities, individuals

with disabilities, and other appropriate individuals.

‘‘(3) SCOPE OF ASSESSMENT.—The national assessment shall

examine how well schools, local educational agencies, States,

other recipients of assistance under this Act, and the Secretary

are achieving the purposes of this Act, including—

‘‘(A) improving the performance of children with

disabilities in general scholastic activities and assessments

as compared to nondisabled children;

‘‘(B) providing for the participation of children with

disabilities in the general curriculum;

‘‘(C) helping children with disabilities make successful

transitions from—

‘‘(i) early intervention services to preschool education;

‘‘(ii) preschool education to elementary school; and

‘‘(iii) secondary school to adult life;

‘‘(D) placing and serving children with disabilities,

including minority children, in the least restrictive environment appropriate;

‘‘(E) preventing children with disabilities, especially

children with emotional disturbances and specific learning

disabilities, from dropping out of school;

‘‘(F) addressing behavioral problems of children with

disabilities as compared to nondisabled children;

‘‘(G) coordinating services provided under this Act with

each other, with other educational and pupil services

(including preschool services), and with health and social

services funded from other sources;

‘‘(H) providing for the participation of parents of children with disabilities in the education of their children;

and

‘‘(I) resolving disagreements between education personnel and parents through activities such as mediation.

‘‘(4) INTERIM AND FINAL REPORTS.—The Secretary shall

submit to the President and the Congress—

‘‘(A) an interim report that summarizes the preliminary

findings of the assessment not later than October 1, 1999;

and

‘‘(B) a final report of the findings of the assessment

not later than October 1, 2001.

‘‘(c) ANNUAL REPORT.—The Secretary shall report annually to

the Congress on—

‘‘(1) an analysis and summary of the data reported by

the States and the Secretary of the Interior under section

618;

‘‘(2) the results of activities conducted under subsection

(a);

‘‘(3) the findings and determinations resulting from reviews

of State implementation of this Act.
H. R. 5—110

‘‘(d) TECHNICAL ASSISTANCE TO LEAS.—The Secretary shall

provide directly, or through grants, contracts, or cooperative agreements, technical assistance to local educational agencies to assist

them in carrying out local capacity-building and improvement

projects under section 611(f )(4) and other LEA systemic improvement activities under this Act.

‘‘(e) RESERVATION FOR STUDIES AND TECHNICAL ASSISTANCE.—

‘‘(1) IN GENERAL.—Except as provided in paragraph (2)

and notwithstanding any other provision of this Act, the Secretary may reserve up to one-half of one percent of the amount

appropriated under parts B and C for each fiscal year to carry

out this section.

‘‘(2) MAXIMUM AMOUNT.—For the first fiscal year in which

the amount described in paragraph (1) is at least $20,000,000,

the maximum amount the Secretary may reserve under paragraph (1) is $20,000,000. For each subsequent fiscal year, the

maximum amount the Secretary may reserve under paragraph

(1) is $20,000,000, increased by the cumulative rate of inflation

since the fiscal year described in the previous sentence.

‘‘(3) USE OF MAXIMUM AMOUNT.—In any fiscal year

described in paragraph (2) for which the Secretary reserves

the maximum amount described in that paragraph, the

Secretary shall use at least half of the reserved amount for

activities under subsection (d).

‘‘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.

‘‘(a) IN GENERAL.—The Congress finds as follows:

‘‘(1) National technical assistance, support, and dissemination activities are necessary to ensure that parts B and C

are fully implemented and achieve quality early intervention,

educational, and transitional results for children with disabilities and their families.

‘‘(2) Parents, teachers, administrators, and related services

personnel need technical assistance and information in a timely,

coordinated, and accessible manner in order to improve early

intervention, educational, and transitional services and results

at the State and local levels for children with disabilities and

their families.

‘‘(3) Parent training and information activities have taken

on increased importance in efforts to assist parents of a child

with a disability in dealing with the multiple pressures of

rearing such a child and are of particular importance in—

‘‘(A) ensuring the involvement of such parents in

planning and decisionmaking with respect to early intervention, educational, and transitional services;

‘‘(B) achieving quality early intervention, educational,

and transitional results for children with disabilities;

‘‘(C) providing such parents information on their rights

and protections under this Act to ensure improved early
H. R. 5—111

intervention, educational, and transitional results for children with disabilities;

‘‘(D) assisting such parents in the development of skills

to participate effectively in the education and development

of their children and in the transitions described in section

674(b)(3)(C); and

‘‘(E) supporting the roles of such parents as participants within partnerships seeking to improve early

intervention, educational, and transitional services and

results for children with disabilities and their families.

‘‘(4) Providers of parent training and information activities

need to ensure that such parents who have limited access

to services and supports, due to economic, cultural, or linguistic

barriers, are provided with access to appropriate parent training and information activities.

‘‘(5) Parents of children with disabilities need information

that helps the parents to understand the rights and responsibilities of their children under part B.

‘‘(6) The provision of coordinated technical assistance and

dissemination of information to State and local agencies,

institutions of higher education, and other providers of services

to children with disabilities is essential in—

‘‘(A) supporting the process of achieving systemic

change;

‘‘(B) supporting actions in areas of priority specific

to the improvement of early intervention, educational, and

transitional results for children with disabilities;

‘‘(C) conveying information and assistance that are—

‘‘(i) based on current research (as of the date the

information and assistance are conveyed);

‘‘(ii) accessible and meaningful for use in supporting systemic-change activities of State and local

partnerships; and

‘‘(iii) linked directly to improving early intervention, educational, and transitional services and results

for children with disabilities and their families; and

‘‘(D) organizing systems and information networks for

such information, based on modern technology related to—

‘‘(i) storing and gaining access to information; and

‘‘(ii) distributing information in a systematic

manner to parents, students, professionals, and policymakers.

‘‘(7) Federal support for carrying out technology research,

technology development, and educational media services and

activities has resulted in major innovations that have significantly improved early intervention, educational, and

transitional services and results for children with disabilities

and their families.

‘‘(8) Such Federal support is needed—

‘‘(A) to stimulate the development of software,

interactive learning tools, and devices to address early

intervention, educational, and transitional needs of children

with disabilities who have certain disabilities;

‘‘(B) to make information available on technology

research, technology development, and educational media
H. R. 5—112

services and activities to individuals involved in the provision of early intervention, educational, and transitional

services to children with disabilities;

‘‘(C) to promote the integration of technology into

curricula to improve early intervention, educational, and

transitional results for children with disabilities;

‘‘(D) to provide incentives for the development of technology and media devices and tools that are not readily

found or available because of the small size of potential

markets;

‘‘(E) to make resources available to pay for such devices

and tools and educational media services and activities;

‘‘(F) to promote the training of personnel—

‘‘(i) to provide such devices, tools, services, and

activities in a competent manner; and

‘‘(ii) to assist children with disabilities and their

families in using such devices, tools, services, and

activities; and

‘‘(G) to coordinate the provision of such devices, tools,

services, and activities—

‘‘(i) among State human services programs; and

‘‘(ii) between such programs and private agencies.

‘‘(b) PURPOSES.—The purposes of this chapter are to ensure

that—

‘‘(1) children with disabilities, and their parents, receive

training and information on their rights and protections under

this Act, in order to develop the skills necessary to effectively

participate in planning and decisionmaking relating to early

intervention, educational, and transitional services and in systemic-change activities;

‘‘(2) parents, teachers, administrators, early intervention

personnel, related services personnel, and transition personnel

receive coordinated and accessible technical assistance and

information to assist such persons, through systemic-change

activities and other efforts, to improve early intervention, educational, and transitional services and results for children with

disabilities and their families;

‘‘(3) appropriate technology and media are researched,

developed, demonstrated, and made available in timely and

accessible formats to parents, teachers, and all types of personnel providing services to children with disabilities to support

their roles as partners in the improvement and implementation

of early intervention, educational, and transitional services and

results for children with disabilities and their families;

‘‘(4) on reaching the age of majority under State law,

children with disabilities understand their rights and responsibilities under part B, if the State provides for the transfer

of parental rights under section 615(m); and

‘‘(5) the general welfare of deaf and hard-of-hearing individuals is promoted by—

‘‘(A) bringing to such individuals understanding and

appreciation of the films and television programs that play

an important part in the general and cultural advancement

of hearing individuals;

‘‘(B) providing, through those films and television programs, enriched educational and cultural experiences
H. R. 5—113

through which deaf and hard-of-hearing individuals can

better understand the realities of their environment; and

‘‘(C) providing wholesome and rewarding experiences

that deaf and hard-of-hearing individuals may share.

‘‘SEC. 682. PARENT TRAINING AND INFORMATION CENTERS.

‘‘(a) PROGRAM AUTHORIZED.—The Secretary may make grants

to, and enter into contracts and cooperative agreements with, parent

organizations to support parent training and information centers

to carry out activities under this section.

‘‘(b) REQUIRED ACTIVITIES.—Each parent training and information center that receives assistance under this section shall—

‘‘(1) provide training and information that meets the training and information needs of parents of children with

disabilities living in the area served by the center, particularly

underserved parents and parents of children who may be

inappropriately identified;

‘‘(2) assist parents to understand the availability of, and

how to effectively use, procedural safeguards under this Act,

including encouraging the use, and explaining the benefits,

of alternative methods of dispute resolution, such as the mediation process described in section 615(e);

‘‘(3) serve the parents of infants, toddlers, and children

with the full range of disabilities;

‘‘(4) assist parents to—

‘‘(A) better understand the nature of their children’s

disabilities and their educational and developmental needs;

‘‘(B) communicate effectively with personnel responsible for providing special education, early intervention,

and related services;

‘‘(C) participate in decisionmaking processes and the

development of individualized education programs under

part B and individualized family service plans under part

C;

‘‘(D) obtain appropriate information about the range

of options, programs, services, and resources available to

assist children with disabilities and their families;

‘‘(E) understand the provisions of this Act for the education of, and the provision of early intervention services

to, children with disabilities; and

‘‘(F) participate in school reform activities;

‘‘(5) in States where the State elects to contract with the

parent training and information center, contract with State

educational agencies to provide, consistent with subparagraphs

(B) and (D) of section 615(e)(2), individuals who meet with

parents to explain the mediation process to them;

‘‘(6) network with appropriate clearinghouses, including

organizations conducting national dissemination activities

under section 685(d), and with other national, State, and local

organizations and agencies, such as protection and advocacy

agencies, that serve parents and families of children with the

full range of disabilities; and

‘‘(7) annually report to the Secretary on—

‘‘(A) the number of parents to whom it provided

information and training in the most recently concluded

fiscal year; and
H. R. 5—114

‘‘(B) the effectiveness of strategies used to reach and

serve parents, including underserved parents of children

with disabilities.

‘‘(c) OPTIONAL ACTIVITIES.—A parent training and information

center that receives assistance under this section may—

‘‘(1) provide information to teachers and other professionals

who provide special education and related services to children

with disabilities;

‘‘(2) assist students with disabilities to understand their

rights and responsibilities under section 615(m) on reaching

the age of majority; and

‘‘(3) assist parents of children with disabilities to be

informed participants in the development and implementation

of the State’s State improvement plan under subpart 1.

‘‘(d) APPLICATION REQUIREMENTS.—Each application for assistance under this section shall identify with specificity the special

efforts that the applicant will undertake—

‘‘(1) to ensure that the needs for training and information

of underserved parents of children with disabilities in the area

to be served are effectively met; and

‘‘(2) to work with community-based organizations.

‘‘(e) DISTRIBUTION OF FUNDS.—

‘‘(1) IN GENERAL.—The Secretary shall make at least 1

award to a parent organization in each State, unless the Secretary does not receive an application from such an organization

in each State of sufficient quality to warrant approval.

‘‘(2) SELECTION REQUIREMENT.—The Secretary shall select

among applications submitted by parent organizations in a

State in a manner that ensures the most effective assistance

to parents, including parents in urban and rural areas, in

the State.

‘‘(f ) QUARTERLY REVIEW.— ‘‘(1) REQUIREMENTS.— ‘‘(A) MEETINGS.—The board of directors or special

governing committee of each organization that receives an

award under this section shall meet at least once in each

calendar quarter to review the activities for which the

award was made.

‘‘(B) ADVISING BOARD.—Each special governing committee shall directly advise the organization’s governing board

of its views and recommendations.

‘‘(2) CONTINUATION AWARD.—When an organization

requests a continuation award under this section, the board

of directors or special governing committee shall submit to

the Secretary a written review of the parent training and

information program conducted by the organization during the

preceding fiscal year.

‘‘(g) DEFINITION OF PARENT ORGANIZATION.—As used in this

section, the term ‘parent organization’ means a private nonprofit

organization (other than an institution of higher education) that—

‘‘(1) has a board of directors—

‘‘(A) the majority of whom are parents of children with

disabilities;

‘‘(B) that includes—

‘‘(i) individuals working in the fields of special

education, related services, and early intervention; and

‘‘(ii) individuals with disabilities; and
H. R. 5—115

‘‘(C) the parent and professional members of which

are broadly representative of the population to be served;

or

‘‘(2) has—

‘‘(A) a membership that represents the interests of

individuals with disabilities and has established a special

governing committee that meets the requirements of paragraph (1); and

‘‘(B) a memorandum of understanding between the special governing committee and the board of directors of

the organization that clearly outlines the relationship

between the board and the committee and the decisionmaking responsibilities and authority of each.

‘‘SEC. 683. COMMUNITY PARENT RESOURCE CENTERS.

‘‘(a) IN GENERAL.—The Secretary may make grants to, and

enter into contracts and cooperative agreements with, local parent

organizations to support parent training and information centers

that will help ensure that underserved parents of children with

disabilities, including low-income parents, parents of children with

limited English proficiency, and parents with disabilities, have the

training and information they need to enable them to participate

effectively in helping their children with disabilities—

‘‘(1) to meet developmental goals and, to the maximum

extent possible, those challenging standards that have been

established for all children; and

‘‘(2) to be prepared to lead productive independent adult

lives, to the maximum extent possible.

‘‘(b) REQUIRED ACTIVITIES.—Each parent training and information center assisted under this section shall—

‘‘(1) provide training and information that meets the training and information needs of parents of children with disabilities proposed to be served by the grant, contract, or cooperative

agreement;

‘‘(2) carry out the activities required of parent training

and information centers under paragraphs (2) through (7) of

section 682(b);

‘‘(3) establish cooperative partnerships with the parent

training and information centers funded under section 682;

and

‘‘(4) be designed to meet the specific needs of families

who experience significant isolation from available sources of

information and support.

‘‘(c) DEFINITION.—As used is this section, the term ‘local parent

organization’ means a parent organization, as defined in section

682(g), that either—

‘‘(1) has a board of directors the majority of whom are

from the community to be served; or

‘‘(2) has—

‘‘(A) as a part of its mission, serving the interests

of individuals with disabilities from such community; and

‘‘(B) a special governing committee to administer the

grant, contract, or cooperative agreement, a majority of

the members of which are individuals from such community.
H. R. 5—116

‘‘SEC. 684. TECHNICAL ASSISTANCE FOR PARENT TRAINING AND

INFORMATION CENTERS.

‘‘(a) IN GENERAL.—The Secretary may, directly or through

awards to eligible entities, provide technical assistance for developing, assisting, and coordinating parent training and information

programs carried out by parent training and information centers

receiving assistance under sections 682 and 683.

‘‘(b) AUTHORIZED ACTIVITIES.—The Secretary may provide technical assistance to a parent training and information center under

this section in areas such as—

‘‘(1) effective coordination of parent training efforts;

‘‘(2) dissemination of information;

‘‘(3) evaluation by the center of itself;

‘‘(4) promotion of the use of technology, including assistive

technology devices and assistive technology services;

‘‘(5) reaching underserved populations;

‘‘(6) including children with disabilities in general education

programs;

‘‘(7) facilitation of transitions from—

‘‘(A) early intervention services to preschool;

‘‘(B) preschool to school; and

‘‘(C) secondary school to postsecondary environments; and

‘‘(8) promotion of alternative methods of dispute resolution.

‘‘SEC. 685. COORDINATED TECHNICAL ASSISTANCE AND DISSEMINATION.

‘‘(a) IN GENERAL.—The Secretary shall, by competitively making

grants or entering into contracts and cooperative agreements with

eligible entities, provide technical assistance and information,

through such mechanisms as institutes, Regional Resource Centers,

clearinghouses, and programs that support States and local entities

in building capacity, to improve early intervention, educational,

and transitional services and results for children with disabilities

and their families, and address systemic-change goals and priorities.

‘‘(b) SYSTEMIC TECHNICAL ASSISTANCE; AUTHORIZED

ACTIVITIES.—

‘‘(1) IN GENERAL.—In carrying out this section, the Secretary shall carry out or support technical assistance activities,

consistent with the objectives described in subsection (a), relating to systemic change.

‘‘(2) AUTHORIZED ACTIVITIES.—Activities that may be carried out under this subsection include activities such as the

following:

‘‘(A) Assisting States, local educational agencies, and

other participants in partnerships established under subpart 1 with the process of planning systemic changes that

will promote improved early intervention, educational, and

transitional results for children with disabilities.

‘‘(B) Promoting change through a multistate or regional

framework that benefits States, local educational agencies,

and other participants in partnerships that are in the

process of achieving systemic-change outcomes.

‘‘(C) Increasing the depth and utility of information

in ongoing and emerging areas of priority need identified

by States, local educational agencies, and other participants
H. R. 5—117

in partnerships that are in the process of achieving systemic-change outcomes.

‘‘(D) Promoting communication and information

exchange among States, local educational agencies, and

other participants in partnerships, based on the needs and

concerns identified by the participants in the partnerships,

rather than on externally imposed criteria or topics, regarding—

‘‘(i) the practices, procedures, and policies of the

States, local educational agencies, and other participants in partnerships; and

‘‘(ii) accountability of the States, local educational

agencies, and other participants in partnerships for

improved early intervention, educational, and transitional results for children with disabilities.

‘‘(c) SPECIALIZED TECHNICAL ASSISTANCE; AUTHORIZED

ACTIVITIES.—

‘‘(1) IN GENERAL.—In carrying out this section, the Secretary shall carry out or support activities, consistent with

the objectives described in subsection (a), relating to areas

of priority or specific populations.

‘‘(2) AUTHORIZED ACTIVITIES.—Examples of activities that

may be carried out under this subsection include activities

that—

‘‘(A) focus on specific areas of high-priority need that—

‘‘(i) are identified by States, local educational agencies, and other participants in partnerships;

‘‘(ii) require the development of new knowledge,

or the analysis and synthesis of substantial bodies

of information not readily available to the States, agencies, and other participants in partnerships; and

‘‘(iii) will contribute significantly to the improvement of early intervention, educational, and transitional services and results for children with disabilities

and their families;

‘‘(B) focus on needs and issues that are specific to

a population of children with disabilities, such as the provision of single-State and multi-State technical assistance

and in-service training—

‘‘(i) to schools and agencies serving deaf-blind

children and their families; and

‘‘(ii) to programs and agencies serving other groups

of children with low-incidence disabilities and their

families; or

‘‘(C) address the postsecondary education needs of

individuals who are deaf or hard-of-hearing.

‘‘(d) NATIONAL INFORMATION DISSEMINATION; AUTHORIZED

ACTIVITIES.—

‘‘(1) IN GENERAL.—In carrying out this section, the Secretary shall carry out or support information dissemination

activities that are consistent with the objectives described in

subsection (a), including activities that address national needs

for the preparation and dissemination of information relating

to eliminating barriers to systemic-change and improving early

intervention, educational, and transitional results for children

with disabilities.
H. R. 5—118

‘‘(2) AUTHORIZED ACTIVITIES.—Examples of activities that

may be carried out under this subsection include activities

relating to—

‘‘(A) infants and toddlers with disabilities and their

families, and children with disabilities and their families;

‘‘(B) services for populations of children with lowincidence disabilities, including deaf-blind children, and

targeted age groupings;

‘‘(C) the provision of postsecondary services to individuals with disabilities;

‘‘(D) the need for and use of personnel to provide

services to children with disabilities, and personnel recruitment, retention, and preparation;

‘‘(E) issues that are of critical interest to State educational agencies and local educational agencies, other

agency personnel, parents of children with disabilities, and

individuals with disabilities;

‘‘(F) educational reform and systemic change within

States; and

‘‘(G) promoting schools that are safe and conducive

to learning.

‘‘(3) LINKING STATES TO INFORMATION SOURCES.—In carrying out this subsection, the Secretary may support projects

that link States to technical assistance resources, including

special education and general education resources, and may

make research and related products available through libraries,

electronic networks, parent training projects, and other

information sources.

‘‘(e) APPLICATIONS.—An eligible entity that wishes to receive

a grant, or enter into a contract or cooperative agreement, under

this section shall submit an application to the Secretary at such

time, in such manner, and containing such information as the

Secretary may require.

‘‘SEC. 686. AUTHORIZATION OF APPROPRIATIONS.

‘‘There are authorized to be appropriated to carry out sections

681 through 685 such sums as may be necessary for each of the

fiscal years 1998 through 2002.

‘‘SEC. 687. TECHNOLOGY DEVELOPMENT, DEMONSTRATION, AND

UTILIZATION; AND MEDIA SERVICES.

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

grants to, and enter into contracts and cooperative agreements

with, eligible entities to support activities described in subsections

(b) and (c).

‘‘(b) TECHNOLOGY DEVELOPMENT, DEMONSTRATION, AND

UTILIZATION; AUTHORIZED ACTIVITIES.— ‘‘(1) IN GENERAL.—In carrying out this section, the Secretary shall support activities to promote the development,

demonstration, and utilization of technology.

‘‘(2) AUTHORIZED ACTIVITIES.—Activities that may be carried out under this subsection include activities such as the

following:

‘‘(A) Conducting research and development activities

on the use of innovative and emerging technologies for

children with disabilities.

‘‘(B) Promoting the demonstration and use of innovative and emerging technologies for children with disabilities
H. R. 5—119

by improving and expanding the transfer of technology

from research and development to practice.

‘‘(C) Providing technical assistance to recipients of

other assistance under this section, concerning the development of accessible, effective, and usable products.

‘‘(D) Communicating information on available technology and the uses of such technology to assist children

with disabilities.

‘‘(E) Supporting the implementation of research programs on captioning or video description.

‘‘(F) Supporting research, development, and dissemination of technology with universal-design features, so that

the technology is accessible to individuals with disabilities

without further modification or adaptation.

‘‘(G) Demonstrating the use of publicly-funded telecommunications systems to provide parents and teachers

with information and training concerning early diagnosis

of, intervention for, and effective teaching strategies for,

young children with reading disabilities.

‘‘(c) EDUCATIONAL MEDIA SERVICES; AUTHORIZED ACTIVITIES.—

In carrying out this section, the Secretary shall support—

‘‘(1) educational media activities that are designed to be

of educational value to children with disabilities;

‘‘(2) providing video description, open captioning, or closed

captioning of television programs, videos, or educational materials through September 30, 2001; and after fiscal year 2001,

providing video description, open captioning, or closed captioning of educational, news, and informational television, videos,

or materials;

‘‘(3) distributing captioned and described videos or educational materials through such mechanisms as a loan service;

‘‘(4) providing free educational materials, including

textbooks, in accessible media for visually impaired and printdisabled students in elementary, secondary, postsecondary, and

graduate schools;

‘‘(5) providing cultural experiences through appropriate

nonprofit organizations, such as the National Theater of the

Deaf, that—

‘‘(A) enrich the lives of deaf and hard-of-hearing

children and adults;

‘‘(B) increase public awareness and understanding of

deafness and of the artistic and intellectual achievements

of deaf and hard-of-hearing persons; or

‘‘(C) promote the integration of hearing, deaf, and hardof-hearing persons through shared cultural, educational,

and social experiences; and

‘‘(6) compiling and analyzing appropriate data relating to

the activities described in paragraphs (1) through (5).

‘‘(d) APPLICATIONS.—Any eligible entity that wishes to receive

a grant, or enter into a contract or cooperative agreement, under

this section shall submit an application to the Secretary at such

time, in such manner, and containing such information as the

Secretary may require.

‘‘(e) AUTHORIZATION OF APPROPRIATIONS.—There are authorized

to be appropriated to carry out this section such sums as may

be necessary for each of the fiscal years 1998 through 2002.’’.
H. R. 5—120

TITLE II—MISCELLANEOUS

PROVISIONS

SEC. 201. EFFECTIVE DATES.

(a) PARTS A AND B.—

(1) IN GENERAL.—Except as provided in paragraph (2), parts

A and B of the Individuals with Disabilities Education Act,

as amended by title I, shall take effect upon the enactment

of this Act.

(2) EXCEPTIONS.—

(A) IN GENERAL.—Sections 612(a)(4), 612(a)(14),

612(a)(16), 614(d) (except for paragraph (6)), and 618 of

the Individuals with Disabilities Education Act, as

amended by title I, shall take effect on July 1, 1998.

(B) SECTION 617.—Section 617 of the Individuals with

Disabilities Education Act, as amended by title I, shall

take effect on October 1, 1997.

(C) INDIVIDUALIZED EDUCATION PROGRAMS AND

COMPREHENSIVE SYSTEM OF PERSONNEL DEVELOPMENT.—

Section 618 of the Individuals with Disabilities Education

Act, as in effect on the day before the date of the enactment

of this Act, and the provisions of parts A and B of the

Individuals with Disabilities Education Act relating to

individualized education programs and the State’s comprehensive system of personnel development, as so in effect,

shall remain in effect until July 1, 1998.

(D) SECTIONS 611 AND 619.—Sections 611 and 619, as

amended by title I, shall take effect beginning with funds

appropriated for fiscal year 1998.

(b) PART C.—Part C of the Individuals with Disabilities Education Act, as amended by title I, shall take effect on July 1,

1998.

(c) PART D.—

(1) IN GENERAL.—Except as provided in paragraph (2), part

D of the Individuals with Disabilities Education Act, as

amended by title I, shall take effect on October 1, 1997.

(2) EXCEPTION.—Paragraphs (1) and (2) of section 661(g)

of the Individuals with Disabilities Education Act, as amended

by title I, shall take effect on January 1, 1998.

SEC. 202. TRANSITION.

Notwithstanding any other provision of law, beginning on October 1, 1997, the Secretary of Education may use funds appropriated

under part D of the Individuals with Disabilities Education Act

to make continuation awards for projects that were funded under

section 618 and parts C through G of such Act (as in effect on

September 30, 1997).
H. R. 5—121

SEC. 203. REPEALERS.

(a) PART I.—Effective October 1, 1998, part I of the Individuals

with Disabilities Education Act is hereby repealed.

(b) PART H.—Effective July 1, 1998, part H of such Act is

hereby repealed.

(c) PARTS C, E, F, AND G.—Effective October 1, 1997, parts

C, E, F, and G of such Act are hereby repealed.

Speaker of the House of Representatives.

Vice President of the United States and

President of the Senate.