159
‘‘(I) in relationship to the behav-
ior subject to disciplinary action, the
child’s IEP and placement were appro-
priate and the special education serv-
ices, 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 un-
derstand 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 discipli-
nary action.
‘‘(5) DETERMINATION THAT BEHAVIOR WAS NOT
MANIFESTATION OF DISABILITY.—
‘‘(A) IN GENERAL.—If the result of the re-
view described in paragraph (4) is a determina-
tion, consistent with paragraph (4)(C), that the
behavior of the child with a disability was not
a manifestation of the child’s disability, the rel-
evant disciplinary procedures applicable to chil-
160
dren 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).
‘‘(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 trans-
mitted 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 dis-
ability or with any decision regarding
placement, the parent may request a hear-
ing.
‘‘(ii) The State or local educational
agency shall arrange for an expedited hear-
ing in any case described in this subsection
when requested by a parent.
‘‘(B) REVIEW OF DECISION.—
161
‘‘(i) In reviewing a decision with re-
spect 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 de-
scribed 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.
162
‘‘(B) CURRENT PLACEMENT.—If a child is
placed in an interim alternative educational set-
ting pursuant to paragraph (1)(A)(ii) or para-
graph (2) and school personnel propose to change
the child’s placement after expiration of the in-
terim alternative placement, during the pend-
ency 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 set-
ting), 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 re-
moval 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 edu-
cational setting or in another appropriate
placement ordered by the hearing officer, the
hearing officer shall apply the standards set
out in paragraph (2).
163
‘‘(8) PROTECTIONS FOR CHILDREN NOT YET ELI-
GIBLE FOR SPECIAL EDUCATION AND RELATED SERV-
ICES.—
‘‘(A) IN GENERAL.—A child who has not
been determined to be eligible for special edu-
cation 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 accord-
ance 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 edu-
cational agency shall be deemed to have knowl-
edge that a child is a child with a disability if—
‘‘(i) the parent of the child has ex-
pressed concern in writing (unless the par-
ent is illiterate or has a disability that pre-
vents compliance with the requirements con-
tained in this clause) to personnel of the ap-
propriate educational agency that the child
164
is in need of special education and related
services;
‘‘(ii) the behavior or performance of the
child demonstrates the need for such serv-
ices;
‘‘(iii) the parent of the child has re-
quested 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 edu-
cational 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
165
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 sub-
jected to disciplinary measures under para-
graph (1) or (2), the evaluation shall be
conducted in an expedited manner. If the
child is determined to be a child with a dis-
ability, taking into consideration informa-
tion 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 place-
ment determined by school authorities.
‘‘(9) REFERRAL
TO
AND
ACTION
BY
LAW
EN-
FORCEMENT 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 appro-
priate authorities or to prevent State law en-
forcement and judicial authorities from exercis-
166
ing their responsibilities with regard to the ap-
plication of Federal and State law to crimes
committed by a child with a disability.
‘‘(B) An agency reporting a crime commit-
ted by a child with a disability shall ensure that
copies of the special education and disciplinary
records of the child are transmitted for consider-
ation by the appropriate authorities to whom it
reports the crime.
‘‘(10) DEFINITIONS.—For purposes of this sub-
section, the following definitions apply:
‘‘(A) CONTROLLED SUBSTANCE.—The term
‘controlled substance’ means a drug or other sub-
stance 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 profes-
sional or that is legally possessed or used
under any other authority under that Act
167
or under any other provision of Federal
law.
‘‘(C) SUBSTANTIAL
EVIDENCE.—The term
‘substantial evidence’ means beyond a preponder-
ance 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 part
shall be construed to restrict or limit the rights, procedures,
and remedies available under the Constitution, the Ameri-
cans with Disabilities Act of 1990, title V of the Rehabilita-
tion 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
168
a disability who has been determined to be incom-
petent under State law)—
‘‘(A) the public agency shall provide any
notice required by this section to both the indi-
vidual 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 incarcer-
ated in an adult or juvenile Federal, State, or
local correctional institution.
‘‘(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 deter-
mined 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 edu-
cational interests of the child throughout the period of
eligibility of the child under this part.
169
‘‘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, includ-
ing the terms of any agreement to achieve com-
pliance with this part within the timelines speci-
fied in the agreement;
the Secretary shall, after notifying the State edu-
cational 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 Sec-
retary withholds further payments under paragraph
(1), the Secretary may determine that such withhold-
ing will be limited to programs or projects, or por-
tions thereof, affected by the failure, or that the State
170
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 fail-
ure 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 lim-
ited 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 pur-
suant 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 ac-
tion, file with the United States court of appeals for
the circuit in which such State is located a petition
171
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 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 cer-
tiorari 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 evi-
dence, 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 there-
upon 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.
172
‘‘(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 in-
stances 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, ex-
cept—
‘‘(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 eligi-
ble children with disabilities in adult prisons under
the supervision of the other public agency is propor-
tionate to the number of eligible individuals with dis-
abilities 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.
173
‘‘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 disabil-
ities; 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 spe-
cific requirements of this Act.
‘‘(c) CONFIDENTIALITY.—The Secretary shall take ap-
propriate action, in accordance with the provisions of sec-
tion 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 provi-
sions of this part.
‘‘(d) PERSONNEL.—The Secretary is authorized to hire
qualified personnel necessary to carry out the Secretary’s
174
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 assist-
ance 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 disabil-
ities, by race, ethnicity, and disability category,
who are receiving a free appropriate public edu-
cation;
‘‘(ii) the number of children with disabil-
ities, by race and ethnicity, who are receiving
early intervention services;
‘‘(iii) the number of children with disabil-
ities, by race, ethnicity, and disability category,
who are participating in regular education;
‘‘(iv) the number of children with disabil-
ities, by race, ethnicity, and disability category,
175
who are in separate classes, separate schools or
facilities, or public or private residential facili-
ties;
‘‘(v) the number of children with disabil-
ities, 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 disabil-
ities, by race and ethnicity, who, from birth
through age two, stopped receiving early inter-
vention services because of program completion
or for other reasons; and
‘‘(vii)(I) the number of children with dis-
abilities, by race, ethnicity, and disability cat-
egory, 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
176
‘‘(III) the number of children with disabil-
ities 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 substan-
tial developmental delays (as described in section
632), and who are receiving early intervention serv-
ices under part C; and
‘‘(2) on any other information that may be re-
quired by the Secretary.
‘‘(b) SAMPLING.—The Secretary may permit States
and the Secretary of the Interior to obtain the data de-
scribed in subsection (a) through sampling.
‘‘(c) DISPROPORTIONALITY.—
‘‘(1) IN GENERAL.—Each State that receives as-
sistance under this part, and the Secretary of the In-
terior, shall provide for the collection and examina-
tion 
of 
data 
to 
determine 
if 
significant
disproportionality based on race is occurring in the
State with respect to—
‘‘(A) the identification of children as chil-
dren with disabilities, including the identifica-
tion of children as children with disabilities in
accordance with a particular impairment de-
scribed in section 602(3); and
177
‘‘(B) the placement in particular edu-
cational settings of such children.
‘‘(2) REVIEW AND REVISION OF POLICIES, PRAC-
TICES, AND PROCEDURES.—In the case of a deter-
mination of significant disproportionality with re-
spect to the identification of children as children with
disabilities, or the placement in particular edu-
cational settings of such children, in accordance with
paragraph (1), the State or the Secretary of the Inte-
rior, as the case may be, shall provide for the review
and, if appropriate, revision of the policies, proce-
dures, 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 edu-
cation and related services, in accordance with this part—
‘‘(1) to children with disabilities aged 3 to 5, in-
clusive; and
‘‘(2) at the State’s discretion, to 2-year-old chil-
dren with disabilities who will turn 3 during the
school year.
178
‘‘(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 Sec-
retary 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 avail-
able 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;
‘‘(II) allocate 85 percent of any re-
maining funds to States on the basis of
179
their relative populations of children aged 3
through 5; and
‘‘(III) allocate 15 percent of those re-
maining 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 sub-
180
section (j) exceeds the amount ap-
propriated 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 in-
crease in the funds appropriated
from the preceding fiscal year ex-
ceeds 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 appro-
priated 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
181
‘‘(II) that amount multiplied by
the sum of 1.5 percent and the percent-
age increase in the amount appro-
priated.
‘‘(C) If the amount available for allocations
under this paragraph is insufficient to pay those
allocations in full, those allocations shall be rat-
ably 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—
‘‘(i) the amount it received for fiscal
year 1997; and
‘‘(ii) an amount that bears the same
relation to any remaining funds as the in-
crease the State received for the preceding
fiscal year over fiscal year 1997 bears to the
total of all such increases for all States.
182
‘‘(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 in-
crease 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 ac-
cordance 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 Sec-
retary 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
183
‘‘(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 admin-
istering this section (including the coordination of ac-
tivities 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 re-
tain under subsection (d) for any fiscal year.
‘‘(2) ADMINISTRATION OF PART C.—Funds de-
scribed in paragraph (1) may also be used for the ad-
ministration of part C of this Act, if the State edu-
cational 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 dis-
abilities younger than 3 or older than 5 as long as
184
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 612(a)(16) and to support implementa-
tion of the State improvement plan under subpart 1
of part D if the State receives funds under that sub-
part; or
‘‘(5) to supplement other funds used to develop
and implement a Statewide coordinated services sys-
tem designed to improve results for children and fam-
ilies, 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 AGEN-
CIES.—
‘‘(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 agen-
185
cies 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 ef-
fect.
‘‘(B) ALLOCATION OF REMAINING FUNDS.—
After making allocations under subparagraph
(A), the State shall—
‘‘(i) allocate 85 percent of any remain-
ing funds to those agencies on the basis of
the relative numbers of children enrolled in
public and private elementary and second-
ary schools within the agency’s jurisdiction;
and
‘‘(ii) allocate 15 percent of those re-
maining funds to those agencies in accord-
ance 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 edu-
186
cational agency is adequately providing a free
appropriate public education to all children with
disabilities aged three through five 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 disabil-
ities aged three through five 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 sub-
sequent fiscal year.
187
‘‘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 po-
tential for developmental delay;
‘‘(2) to reduce the educational costs to our soci-
ety, 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 institutional-
ization 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—
188
‘‘(1) to develop and implement a statewide, com-
prehensive, coordinated, multidisciplinary, inter-
agency system that provides early intervention serv-
ices 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 in-
surance 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 fami-
lies; 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 interven-
tion services were not provided to the individual.
189
‘‘(2) COUNCIL.—The term ‘council’ means a
State interagency coordinating council established
under section 641.
‘‘(3) DEVELOPMENTAL DELAY.—The term ‘devel-
opmental delay’, when used with respect to an indi-
vidual 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;
‘‘(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;
190
‘‘(D) meet the standards of the State in
which they are provided, including the require-
ments 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 diag-
nostic 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
191
‘‘(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 special-
ists; and
‘‘(xi) pediatricians and other physi-
cians;
‘‘(G) to the maximum extent appropriate,
are provided in natural environments, including
the home, and community settings in which chil-
dren without disabilities participate; and
192
‘‘(H) are provided in conformity with an
individualized family service plan adopted in
accordance with section 636.
‘‘(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 diag-
nostic instruments and procedures in one or
more of the areas of cognitive development,
physical development, communication devel-
opment, social or emotional development,
and adaptive development; or
‘‘(ii) has a diagnosed physical or men-
tal condition which has a high probability
of resulting in developmental delay; and
‘‘(B) may also include, at a State’s discre-
tion, at-risk infants and toddlers.
‘‘SEC. 633. GENERAL AUTHORITY.
‘‘The Secretary shall, in accordance with this part,
make grants to States (from their allocations under section
643) to assist each State to maintain and implement a
statewide, comprehensive, coordinated, multidisciplinary,
193
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 fami-
lies, including Indian infants and toddlers with dis-
abilities 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 com-
ponents:
‘‘(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 en-
sures that appropriate early intervention services are
available to all infants and toddlers with disabilities
and their families, including Indian infants and tod-
194
dlers and their families residing on a reservation geo-
graphically 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 devel-
opment 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 coordi-
nation services in accordance with such service plan.
‘‘(5) A comprehensive child find system, consist-
ent with part B, including a system for making refer-
rals to service 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 dis-
abilities, including the preparation and dissemina-
tion 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
195
which such sources disseminate such information to
parents of infants and toddlers.
‘‘(7) A central directory which includes informa-
tion on early intervention services, resources, and ex-
perts available in the State and research and dem-
onstration projects being conducted in the State.
‘‘(8) A comprehensive system of personnel devel-
opment, including the training of paraprofessionals
and the training of primary referral sources respect-
ing the basic components of early intervention serv-
ices available in the State, that is consistent with the
comprehensive system of personnel development de-
scribed 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 appro-
priately qualified to provide early intervention
services under this part;
‘‘(C) training personnel to work in rural
and inner-city areas; and
‘‘(D) training personnel to coordinate tran-
sition services for infants and toddlers served
under this part from an early intervention pro-
196
gram under this part to preschool or other ap-
propriate services.
‘‘(9) Subject to subsection (b), policies and proce-
dures 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 re-
training or hiring of personnel that meet appro-
priate professional requirements in the State;
except that nothing in this part, including this para-
graph, prohibits the use of paraprofessionals and as-
sistants who are appropriately trained and super-
vised, in accordance with State law, regulations, or
written policy, to assist in the provision of early
197
intervention services to infants and toddlers with dis-
abilities 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 super-
vision of programs and activities receiving as-
sistance under section 633, and the monitoring
of programs and activities used by the State to
carry out this part, whether or not such pro-
grams 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 respon-
sibility in accordance with section 637(a)(2) to
the appropriate agencies;
‘‘(D) the development of procedures to en-
sure that services are provided to infants and
toddlers and their families under this part in a
timely manner pending the resolution of any
disputes among public agencies or service pro-
viders;
198
‘‘(E) the resolution of intra- and inter-
agency disputes; and
‘‘(F) the entry into formal interagency
agreements that define the financial responsibil-
ity of each agency for paying for early interven-
tion services (consistent with State law) and pro-
cedures 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 condi-
tions of the contract or other arrangements.
‘‘(12) A procedure for securing timely reimburse-
ments of funds used under this part in accordance
with section 640(a).
‘‘(13) Procedural safeguards with respect to pro-
grams 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.
199
‘‘(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 natu-
ral environments; and
‘‘(B) the provision of early intervention
services for any infant or toddler occurs in a set-
ting other than a natural environment only
when early intervention cannot be achieved satis-
factorily 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 ade-
quately 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 de-
scribed in subsection (a)(9) within 3 years.
‘‘SEC. 636. INDIVIDUALIZED FAMILY SERVICE PLAN.
‘‘(a) ASSESSMENT AND PROGRAM DEVELOPMENT.—A
statewide system described in section 633 shall provide, at
200
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 re-
sources, priorities, and concerns of the family and the
identification of the supports and services necessary
to enhance the family’s capacity to meet the devel-
opmental 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 individ-
ualized family service plan shall be developed within a rea-
sonable time after the assessment required by subsection
(a)(1) is completed. With the parents’ consent, early inter-
vention services may commence prior to the completion of
the assessment.
201
‘‘(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 devel-
opment, communication development, social or emo-
tional development, and adaptive development, based
on objective criteria;
‘‘(2) a statement of the family’s resources, prior-
ities, and concerns relating to enhancing the develop-
ment of the family’s infant or toddler with a disabil-
ity;
‘‘(3) a statement of the major outcomes expected
to be achieved for the infant or toddler and the fam-
ily, 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 in-
fant or toddler and the family, including the fre-
quency, 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
202
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 oth-
erwise qualified to carry out all applicable respon-
sibilities under this part) who will be responsible for
the implementation of the plan and coordination with
other agencies and persons; and
‘‘(8) the steps to be taken to support the transi-
tion of the toddler with a disability to preschool or
other appropriate services.
‘‘(e) PARENTAL CONSENT.—-The contents of the indi-
vidualized 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 pro-
vide 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
203
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 re-
sponsible for assigning financial responsibility among
appropriate agencies;
‘‘(3) information demonstrating eligibility of the
State under section 634, including—
‘‘(A) information demonstrating to the Sec-
retary’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 in-
fants 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 en-
sure that resources are made available under this part
for all geographic areas within the State;
204
‘‘(7) a description of State policies and proce-
dures 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 op-
portunity 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 tod-
dlers receiving early intervention services under
this part to preschool or other appropriate serv-
ices, 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 es-
tablished under section 636(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
services under part B, as determined
in accordance with State law;
205
‘‘(II) in the case of a child who
may be eligible for such preschool serv-
ices, 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 serv-
ices, 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 fam-
ily, make reasonable efforts to convene
a conference among the lead agency,
the family, and providers of other ap-
propriate services for children who are
not eligible for preschool services under
part B, to discuss the appropriate serv-
ices 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
206
‘‘(9) such other information and assurances as
the Secretary may reasonably require.
‘‘(b) ASSURANCES.—The application described in sub-
section (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 func-
tions 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 verifica-
tion of those reports and proper disbursement of
Federal funds under this part;
207
‘‘(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 in-
fants 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;
‘‘(7) shall provide satisfactory assurance that
policies and procedures have been adopted to ensure
meaningful involvement of underserved groups, in-
cluding minority, low-income, and rural families, in
the planning and implementation of all the require-
ments of this part; and
‘‘(8) shall contain such other information and
assurances as the Secretary may reasonably require
by regulation.
208
‘‘(c) STANDARD FOR DISAPPROVAL OF APPLICATION.—
The Secretary may not disapprove such an application un-
less 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 assur-
ance 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 Sec-
retary 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
SEC-
RETARY.—The Secretary may require a State to modify its
application under this section, but only to the extent nec-
essary 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;
209
‘‘(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 re-
quired by such section, a State may use such funds—
‘‘(1) for direct early intervention services for in-
fants and toddlers with disabilities, and their fami-
lies, under this part that are not otherwise funded
through other public or private sources;
‘‘(2) to expand and improve on services for in-
fants and toddlers and their families under this part
that are otherwise available;
‘‘(3) to provide a free appropriate public edu-
cation, 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 at-risk infants and toddlers under section
637(a)(4), to strengthen the statewide system by initi-
ating, expanding, or improving collaborative efforts
related to at-risk infants and toddlers, including es-
210
tablishing linkages with appropriate public or private
community-based organizations, services, and person-
nel for the purposes of—
‘‘(A) identifying and evaluating at-risk in-
fants and toddlers;
‘‘(B) making referrals of the infants and
toddlers identified and evaluated under subpara-
graph (A); and
‘‘(C) conducting periodic follow-up on each
such referral to determine if the status of the in-
fant or toddler involved has changed with respect
to the eligibility of the infant or toddler for serv-
ices under this part.
‘‘SEC. 639. PROCEDURAL SAFEGUARDS.
‘‘(a) MINIMUM PROCEDURES.—-The procedural safe-
guards required to be included in a statewide system under
section 635(a)(13) shall provide, at a minimum, the follow-
ing:
‘‘(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 con-
211
troversy. In any action brought under this paragraph,
the court shall receive the records of the administra-
tive 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 par-
ents to written notice of and written consent to the
exchange of such information among agencies consist-
ent with Federal and State law.
‘‘(3) The right of the parents to determine wheth-
er they, their infant or toddler, or other family mem-
bers 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 implemen-
tation of the individualized family service plan.
‘‘(5) Procedures to protect the rights of the infant
or toddler whenever the parents of the child are not
known or cannot be found or the child is a ward of
the State, including the assignment of an individual
212
(who shall not be an employee of the State lead agen-
cy, 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 identifica-
tion, 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 no-
tice required by paragraph (6) fully informs the par-
ents, in the parents’ native language, unless it clearly
is not feasible to do so, of all procedures available
pursuant to this section.
‘‘(8) The right of parents to use mediation in ac-
cordance 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);
213
‘‘(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 pro-
vision 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 tod-
dlers with disabilities.
‘‘(b) SERVICES DURING PENDENCY
OF PROCEED-
INGS.—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 re-
ceive the appropriate early intervention services currently
being provided or, if applying for initial services, shall re-
ceive the services not in dispute.
‘‘SEC. 640. PAYOR OF LAST RESORT.
‘‘(a) NONSUBSTITUTION.—Funds provided under sec-
tion 643 may not be used to satisfy a financial commitment
for services that would have been paid for from another pub-
lic or private source, including any medical program ad-
ministered by the Secretary of Defense, but for the enact-
214
ment of this part, except that whenever considered necessary
to prevent a delay in the receipt of appropriate early inter-
vention 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 mater-
nal and child health) or title XIX of the Social Security
Act (relating to medicaid for infants or toddlers with dis-
abilities) within the State.
‘‘SEC. 641. STATE INTERAGENCY COORDINATING COUNCIL.
‘‘(a) ESTABLISHMENT.—
‘‘(1) IN GENERAL.—A State that desires to re-
ceive financial assistance under this part shall estab-
lish a State interagency coordinating council.
‘‘(2) APPOINTMENT.—The council shall be ap-
pointed by the Governor. In making appointments to
the council, the Governor shall ensure that the mem-
bership of the council reasonably represents the popu-
lation of the State.
‘‘(3) CHAIRPERSON.—The Governor shall des-
ignate a member of the council to serve as the chair-
215
person of the council, or shall require the council to
so designate such a member. Any member of the coun-
cil who is a representative of the lead agency des-
ignated under section 635(a)(10) may not serve as the
chairperson of the council.
‘‘(b) COMPOSITION.—
‘‘(1) IN GENERAL.—The council shall be com-
posed as follows:
‘‘(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 experi-
ence with, programs for infants and toddlers
with disabilities. At least one such member shall
be a parent of an infant or toddler with a dis-
ability 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 prepa-
ration.
216
‘‘(E) AGENCY
FOR
EARLY
INTERVENTION
SERVICES.—At least one member shall be from
each of the State agencies involved in the provi-
sion of, or payment for, early intervention serv-
ices to infants and toddlers with disabilities and
their families and shall have sufficient authority
to engage in policy planning and implementa-
tion on behalf of such agencies.
‘‘(F) AGENCY FOR PRESCHOOL SERVICES.—
At least one member shall be from the State edu-
cational agency responsible for preschool services
to children with disabilities and shall have suffi-
cient 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 re-
sponsible for the State governance of health in-
surance.
‘‘(H) HEAD START AGENCY.—A representa-
tive from a Head Start agency or program in
the State.
‘‘(I) CHILD CARE AGENCY.—A representa-
tive from a State agency responsible for child
care.
217
‘‘(2) OTHER MEMBERS.—The council may in-
clude other members selected by the Governor, includ-
ing a representative from the Bureau of Indian Af-
fairs, or where there is no BIA-operated or BIA-fund-
ed school, from the Indian Health Service or the tribe
or tribal council.
‘‘(c) MEETINGS.—The council shall meet at least quar-
terly 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 ap-
proval of the Governor, the council may prepare and ap-
prove a budget using funds under this part to conduct hear-
ings 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 serv-
ices 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—
218
‘‘(A) advise and assist the lead agency des-
ignated or established under section 635(a)(10)
in the performance of the responsibilities set
forth in such section, particularly the identifica-
tion of the sources of fiscal and other support for
services for early intervention programs, assign-
ment of financial responsibility to the appro-
priate agency, and the promotion of the inter-
agency 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 sta-
tus 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 edu-
cational agency regarding the provision of appro-
priate services for children from birth through age 5.
219
The council may advise appropriate agencies in the
State with respect to the integration of services for in-
fants and toddlers with disabilities and at-risk in-
fants 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 coun-
cil shall cast a vote on any matter that would provide direct
financial benefit to that member or otherwise give the ap-
pearance 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 author-
ized by this part, except that—
‘‘(1) any reference in such sections to a State
educational agency shall be considered to be a ref-
erence to a State’s lead agency established or des-
ignated 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
220
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 Sec-
retary 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.—
‘‘(1) IN GENERAL.—The Secretary shall, subject
to this subsection, make payments to the Secretary of
the Interior to be distributed to tribes, tribal organi-
zations (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 serv-
ices by the States to infants and toddlers with disabil-
221
ities and their families on reservations served by ele-
mentary 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 avail-
able to all States under this part for such fiscal year.
‘‘(2) ALLOCATION.—For each fiscal year, the Sec-
retary of the Interior shall distribute the entire pay-
ment 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 paragraph, 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 allocated 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 chil-
dren under 3 years of age and for parent training.
Such funds may also be used to provide early inter-
222
vention services in accordance with this part. Such
activities may be carried out directly or through con-
tracts or cooperative agreements with the BIA, local
educational agencies, and other public or private non-
profit organizations. The tribe, tribal organization, or
consortium is encouraged to involve Indian parents
in the development and implementation of these ac-
tivities. 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 Sec-
retary 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 Inte-
rior 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
223
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 Sec-
retary of the Interior for administrative purposes, in-
cluding child count, and the provision of technical as-
sistance.
‘‘(c) STATE ALLOTMENTS.—
‘‘(1) IN GENERAL.—Except as provided in para-
graphs (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 num-
ber of infants and toddlers in all States.
‘‘(2) MINIMUM
ALLOTMENTS.—Except as pro-
vided in paragraphs (3) and (4), no State shall re-
ceive an amount under this section for any fiscal year
that is less than the greatest of—
‘‘(A) one-half of one percent of the remain-
ing amount described in paragraph (1); or
‘‘(B) $500,000.
‘‘(3) SPECIAL RULE FOR 1998 AND 1999.—
224
‘‘(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 de-
termined under subparagraph (A) for the State
shall be reduced by the same percentage by which
the number of such infants and toddlers so de-
clined.
‘‘(4) RATABLE REDUCTION.—
225
‘‘(A) IN GENERAL.—If the sums made avail-
able under this part for any fiscal year are in-
sufficient to pay the full amounts that all States
are eligible to receive under this subsection for
such year, the Secretary shall ratably reduce the
allocations to such States for such year.
‘‘(B) ADDITIONAL
FUNDS.—If additional
funds become available for making payments
under this subsection for a fiscal year, alloca-
tions that were reduced under subparagraph (A)
shall be increased on the same basis they were re-
duced.
‘‘(5) DEFINITIONS.—For the purpose of this sub-
section—
‘‘(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 Com-
monwealth 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.
226
‘‘SEC. 644. FEDERAL INTERAGENCY COORDINATING COUN-
CIL.
‘‘(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 agen-
cies, relating to—
‘‘(i) early intervention services for in-
fants and toddlers with disabilities (includ-
ing 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 pro-
grams and policies across Federal agencies;
‘‘(C) coordinate the provision of Federal
technical assistance and support activities to
States;
‘‘(D) identify gaps in Federal agency pro-
grams and services; and
‘‘(E) identify barriers to Federal inter-
agency cooperation.
227
‘‘(2) APPOINTMENTS.—The council established
under paragraph (1) (hereafter in this section referred
to as the ‘‘Council’’) and the chairperson of the Coun-
cil 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 depart-
ment, 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 rep-
resentative 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 Financ-
ing Administration;
228
‘‘(6) a representative of the Division of Birth De-
fects and Developmental Disabilities of the Centers for
Disease Control;
‘‘(7) a representative of the Social Security Ad-
ministration;
‘‘(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 De-
fense;
‘‘(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;
229
‘‘(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 2 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 representa-
tive 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 disabil-
ities and their families and preschool children with
disabilities; and
‘‘(21) other persons appointed by the Secretary.
‘‘(c) MEETINGS.—The Council shall meet at least quar-
terly 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.
230
‘‘(d) FUNCTIONS
OF
THE COUNCIL.—The Council
shall—
‘‘(1) advise and assist the Secretary of Edu-
cation, 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 respon-
sibilities 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 deter-
mine areas of conflict, overlap, duplication, or inap-
propriate omission;
‘‘(3) identify strategies to address issues de-
scribed in paragraph (2);
‘‘(4) develop and recommend joint policy memo-
randa concerning effective interagency collaboration,
including modifications to regulations, and the elimi-
nation of barriers to interagency programs and ac-
tivities;
231
‘‘(5) coordinate technical assistance and dissemi-
nate information on best practices, effective program
coordination strategies, and recommendations for im-
proved 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.
‘‘(f) FEDERAL ADVISORY COMMITTEE ACT.—The Fed-
eral 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.
232
‘‘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 transi-
tional services and results for children with disabil-
ities 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 dis-
abilities, States must involve local educational agen-
cies, parents, individuals with disabilities and their
families, teachers and other service providers, and
other interested individuals and organizations in car-
rying out comprehensive strategies to improve edu-
cational 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 ad-
dress the needs of children with disabilities into the
next century.
233
‘‘(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 de-
mands to improve education for children with disabil-
ities 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 systemic-change activities can
now be based.
‘‘(6) Such research, demonstration, and practice
in special education and related disciplines have dem-
onstrated 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 maxi-
mum opportunities to achieve those standards
and goals;
234
‘‘(B) create a system that fully addresses the
needs of all students, including children with
disabilities, by addressing the needs of children
with disabilities in carrying out educational re-
form 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 ad-
dressing the full range of student needs, particu-
larly 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 per-
sons 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;
235
‘‘(G) disseminate to teachers and other per-
sonnel serving children with disabilities research-
based knowledge about successful teaching prac-
tices 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 strate-
gies that will be used to reduce or eliminate the
need to use suspension and expulsion as discipli-
nary 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 plan-
ning, implementing, and evaluating systemic-
change activities and educational reforms.
‘‘(b) PURPOSE.—The purpose of this subpart is to as-
sist State educational agencies, and their partners referred
to in section 652(b), in reforming and improving their sys-
tems for providing educational, early intervention, and
transitional services, including their systems for profes-
sional development, technical assistance, and dissemination
of knowledge about best practices, to improve results for
children with disabilities.
236
‘‘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 shall work in partner-
ship with other persons and organizations in-
volved in, and concerned with, the education of
children with disabilities, including—
‘‘(i) the Governor;
‘‘(ii) parents of children with disabil-
ities;
‘‘(iii) parents of nondisabled children;
‘‘(iv) individuals with disabilities;
‘‘(v) organizations representing indi-
viduals with disabilities and their parents,
237
such as parent training and information
centers;
‘‘(vi) community-based and other non-
profit organizations involved in the edu-
cation 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 estab-
lished 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 voca-
tional education;
‘‘(B) the State agency for higher education;
‘‘(C) the State vocational rehabilitation
agency;
238
‘‘(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 informa-
tion as the Secretary may require.
‘‘(2) STATE IMPROVEMENT PLAN.—The applica-
tion 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
239
meet the goals established by the State under section
612(a)(16).
‘‘(2) REQUIRED
ANALYSES.—To meet the re-
quirement of paragraph (1), the State improvement
plan shall include at least—
‘‘(A) an analysis of all information, reason-
ably available to the State educational agency,
on the performance of children with disabilities
in the State, including—
‘‘(i) their performance on State assess-
ments and other performance indicators es-
tablished for all children, including drop-
out rates and graduation rates;
‘‘(ii) their participation in postsecond-
ary education and employment; and
‘‘(iii) how their performance on the as-
sessments and indicators described in clause
(i) compares to that of non-disabled chil-
dren;
‘‘(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
240
‘‘(ii) relevant information on current
and anticipated personnel vacancies and
shortages (including the number of individ-
uals described in clause (i) with temporary
certification), and on the extent of certifi-
cation or retraining necessary to eliminate
such shortages, that is based, to the maxi-
mum extent possible, on existing assess-
ments of personnel needs;
‘‘(C) an analysis of the major findings of
the Secretary’s most recent reviews of State com-
pliance, as they relate to improving results for
children with disabilities; and
‘‘(D) an analysis of other information, rea-
sonably available to the State, on the effective-
ness 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 im-
provement plan shall—
‘‘(1) describe a partnership agreement that—
‘‘(A) specifies—
‘‘(i) the nature and extent of the part-
nership among the State educational agen-
cy, local educational agencies, and other
241
State agencies involved in, or concerned
with, the education of children with disabil-
ities, and the respective roles of each mem-
ber of the partnership; and
‘‘(ii) how such agencies will work in
partnership with other persons and organi-
zations involved in, and concerned with, the
education of children with disabilities, in-
cluding 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 un-
dertaking 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), in-
cluding—
‘‘(A) how the State will change State poli-
cies and procedures to address systemic barriers
to improving results for children with disabil-
ities;
242
‘‘(B) how the State will hold local edu-
cational 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 dis-
abilities;
‘‘(D) how the State will address the identi-
fied needs for in-service and pre-service prepara-
tion to ensure that all personnel who work with
children with disabilities (including both profes-
sional and paraprofessional personnel who pro-
vide 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 descrip-
tion 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 cri-
teria;
243
‘‘(ii) the State will prepare profes-
sionals and paraprofessionals in the area of
early intervention with the content knowl-
edge and collaborative skills needed to meet
the needs of infants and toddlers with dis-
abilities;
‘‘(iii) the State will work with institu-
tions 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 de-
velopment programs that meet State and
local needs;
‘‘(iv) the State will work to develop col-
laborative agreements with other States for
the joint support and development of pro-
grams 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 collabora-
tion with other States, particularly neigh-
boring States, to address the lack of uni-
244
formity 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 dis-
abilities and others;
‘‘(vii) the State will acquire and dis-
seminate, to teachers, administrators, school
board members, and related services person-
nel, significant knowledge derived from edu-
cational research and other sources, and
how the State will, when appropriate, adopt
promising practices, materials, and tech-
nology;
‘‘(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 edu-
cation, and related services;
‘‘(ix) the plan is integrated, to the
maximum extent possible, with other profes-
sional development plans and activities, in-
270
countability of such reforms, and administrative
procedures.
‘‘(E) Advancing the design, development,
and integration of technology, assistive tech-
nology devices, media, and materials, to improve
early intervention, educational, and transitional
services and results for children with disabilities.
‘‘(F) Improving designs, processes, and re-
sults 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 coordi-
nation of education with health and social serv-
ices.
‘‘(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; AU-
THORIZED ACTIVITIES.—
‘‘(1) IN GENERAL.—In carrying out this section,
the Secretary shall support activities, consistent with
the objectives described in subsection (a), that inte-
grate research and practice, including activities that
290
veloping 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 as-
sessment shall examine how well schools, local edu-
cational 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 chil-
dren with disabilities in the general curriculum;
‘‘(C) helping children with disabilities make
successful transitions from—
‘‘(i) early intervention services to pre-
school education;
‘‘(ii) preschool education to elementary
school; and