a modification to an application to the same extent
and in the same manner as this section applies to
the original plan.
‘‘(c) NOTIFICATION OF LOCAL EDUCATIONAL AGEN-
CY OR STATE AGENCY IN CASE OF INELIGIBILITY.—If the
State educational agency determines that a local edu-
cational agency or State agency is not eligible under this
section, the State educational agency shall notify such
local educational agency or State agency, as the case may
be, of that determination and shall provide such local edu-
cational agency or State agency with reasonable notice and
an opportunity for a hearing.
‘‘(d) LOCAL EDUCATIONAL AGENCY COMPLIANCE.—
‘‘(1) IN
GENERAL.—If the State educational
agency, after reasonable notice and an opportunity
for a hearing, finds that a local educational agency
or State agency that has been determined to be eligi-
ble under this section is failing to comply with any
requirement described in subsection (a), the State
educational agency shall reduce or shall not provide
any further payments to the local educational agency
or State agency until the State educational agency
is satisfied that the local educational agency or State
agency, as the case may be, is complying with that
requirement.
‘‘(2) ADDITIONAL
REQUIREMENT.—Any State
educational agency, State agency, or local edu-
cational agency in receipt of a notice pursuant to the
notice described in paragraph (1) shall, by means of
public notice, take such measures as may be nec-
essary to bring the pendency of an action pursuant
to this subsection to the attention of the public with-
in the jurisdiction of such agency.
‘‘(3) CONSIDERATION.—In carrying out its re-
sponsibilities under paragraph (1), the State edu-
cational agency shall consider any decision made in
a hearing held under section 615 that is adverse to
the local educational agency or State agency involved
in that decision.
‘‘(e) JOINT ESTABLISHMENT OF ELIGIBILITY.—
‘‘(1) IN GENERAL.—A State educational agency
may require a local educational agency to establish
its eligibility jointly with another local educational
agency if the State educational agency determines
that the local educational agency would be ineligible
under this section because the local educational
agency would not be able to establish and maintain
programs of sufficient size and scope to effectively
meet the needs of children with disabilities.
‘‘(2) AMOUNT OF PAYMENTS.—If a State edu-
cational agency requires the joint establishment of
eligibility under paragraph (1), the total amount of
funds made available to the affected local edu-
cational agencies shall be equal to the sum of the
payments that each such local educational agency
would have received under section 611(c) if such
agencies were eligible for such payments.
‘‘(3) REQUIREMENTS.—Local educational agen-
cies that establish joint eligibility under this sub-
section shall—
‘‘(A) adopt policies and procedures that
are consistent with the State’s policies and pro-
cedures under section 612(a); and
‘‘(B) be jointly responsible for implement-
ing programs that receive assistance under this
part.
‘‘(4) REQUIREMENTS FOR EDUCATIONAL SERV-
ICE AGENCIES.—
‘‘(A) IN GENERAL.—If an educational serv-
ice agency is required by State law to carry out
programs under this part, the joint responsibil-
ities given to local educational agencies under
this subsection shall—
‘‘(i) not apply to the administration
and disbursement of any payments re-
ceived by that educational service agency;
and
‘‘(ii) be carried out only by that edu-
cational service agency.
‘‘(B) ADDITIONAL
REQUIREMENT.—Not-
withstanding any other provision of this sub-
section, an educational service agency shall pro-
vide for the education of children with disabil-
ities in the least restrictive environment, as re-
quired by section 612(a)(4) and subsection
(a)(1)(E).
‘‘(f) COORDINATED SERVICES SYSTEM.—
‘‘(1) IN GENERAL.—A local educational agency
may not use more than 5 percent of the amount
such agency receives under this part for any fiscal
year, in combination with other amounts (which
shall include amounts other than education funds),
to develop and implement a coordinated services sys-
tem designed to improve results for children and
families, including children with disabilities and their
families.
‘‘(2) ACTIVITIES.—In implementing a coordi-
nated services system under this subsection, a local
educational agency may carry out activities which in-
clude—
‘‘(A) improving the effectiveness and effi-
ciency of service delivery, including developing
strategies that promote accountability for re-
sults;
‘‘(B) service coordination and case man-
agement that facilitates the linkage of individ-
ualized education programs under this part and
individualized family service plans under part C
with individualized service plans under multiple
Federal and State programs, such as title I of
the Rehabilitation Act of 1973 (vocational reha-
bilitation), title XIX of the Social Security Act
(Medicaid), and title XVI of the Social Security
Act (supplemental security income);
‘‘(C) developing and implementing inter-
agency financing strategies for the provision of
education, health, mental health, and social
services, including transition services and relat-
ed services under this title; and
‘‘(D) interagency personnel development
for individuals working on coordinated services.
‘‘(3) COORDINATION WITH CERTAIN PROJECTS
UNDER ELEMENTARY AND SECONDARY EDUCATION
ACT OF 1965.—If a local educational agency is carry-
ing out a coordinated services project under title XI
of the Elementary and Secondary Education Act of
1965 and a coordinated services project under this
part in the same schools, such agency shall use
amounts under this subsection in accordance with
the requirements of that title.
‘‘(g) MODIFICATION
OF
REQUIREMENTS
UNDER
THIS PART TO ACHIEVE INNOVATIVE DELIVERY
OF
SERVICES.—
‘‘(1) AUTHORITY.—The Secretary may modify
any requirement of this part for a local educational
agency, or a group of local educational agencies, des-
ignated under paragraph (2) for a period of not less
than two but not more than five years in order to
permit the Secretary to identify and evaluate sys-
temic reforms to improve educational results for
children with disabilities in accordance with the pur-
poses described in paragraph (3).
‘‘(2) DESIGNATION
OF
LOCAL
EDUCATIONAL
AGENCIES.—Beginning one year after the date of
the enactment of the IDEA Improvement Act of
1996, the Secretary shall, to the extent practicable,
designate 10 local educational agencies or groups of
local educational agencies that meet the require-
ments of paragraph (4).
‘‘(3) PURPOSES.—The purposes of a modifica-
tion of any requirement of this part are to provide
adequate and reliable data to permit the Secretary—
‘‘(A) to identify local educational agencies
that have implemented reforms that yield suc-
cessful results for children with disabilities;
‘‘(B) to identify success in—
‘‘(i) parental participation in, and pa-
rental satisfaction with, the development
and implementation of individualized edu-
cation programs;
‘‘(ii) systems of eligibility that focus
on functional abilities and addressing func-
tional limitations with reduced emphasis on
the use of labels in the early years of a
child’s school career;
‘‘(iii) inclusion of students with dis-
abilities in school district-wide and state-
wide assessments;
‘‘(iv) improvement of academic results
for children with disabilities; and
‘‘(v) transition programs that prepare
students who have attained the age 14 for
postsecondary education or vocational em-
ployment;
‘‘(C) to provide direct technical assistance
to local educational agencies that have dem-
onstrated success in one or more of the areas
described in subparagraph (B) to implement
additional reforms; and
‘‘(D) to document the implementation
steps taken by local educational agencies receiv-
ing a modification of a requirement under this
subsection to create models of reform that are
systematically replicable by other school dis-
tricts.
‘‘(4) ELIGIBLE
EDUCATIONAL
AGENCIES.—A
local educational agency or group of local edu-
cational agencies may be designated under para-
graph (2) to receive a modification of any require-
ment under this part if the agency or agencies—
‘‘(A) develops an application for such a
modification—
‘‘(i) with parent groups from the geo-
graphic area served by the agency or agen-
cies and with individuals with disabilities;
and
‘‘(ii) that describes how the modifica-
tion will assist the Secretary in achieving
the purposes described in paragraph (3);
and
‘‘(B) demonstrates to the satisfaction of
the Secretary that the agency has or agencies
have achieved a significant measure of success
in at least one of the areas identified in para-
graph (3)(B).
‘‘(5) DEVELOPMENT
OF
TESTING
INSTRU-
MENTS.—The Secretary shall, in consultation with
the local educational agency or group of local edu-
cational agencies, establish, or enter into a contract
with an appropriate research organization for the
purpose of establishing (in consultation with the
Secretary and the local educational agency or group
of local educational agencies), testing instruments to
objectively verify and evaluate the effect of modifica-
tions of requirements of this part for the local edu-
cational agency or group of local educational agen-
cies pursuant to this subsection.
‘‘(6) ASSESSMENT OF MODIFICATIONS.—
‘‘(A) INTERIM ASSESSMENTS.—At regular
intervals during the period in which a local edu-
cational agency is or group of local educational
agencies are receiving a modification of a re-
quirement of this part pursuant to this sub-
section, the Secretary or the research organiza-
tion that devised the testing instrument under
paragraph (5), as the case may be, shall use the
instrument to assess such modification.
‘‘(B) FINAL ASSESSMENT.—At the conclu-
sion of the modification period under this sub-
section, a final assessment of the modification
shall be made by the Secretary or the research
organization that devised the testing instrument
under paragraph (5), as the case may be, and
the results of such assessment shall be made
available to the public by the Secretary.
‘‘(7) 
MODIFICATION
OF
STATE
REQUIRE-
MENTS.—In the case of a State or States that con-
tain a local educational agency or group of local edu-
cational agencies for which a modification of any re-
quirement under this part has been granted by the
Secretary, the Secretary shall, upon application by
the State or States, modify any requirement of this
part for the State or States, but only—
‘‘(A) with respect to the implementation of
a requirement of the State or States in the geo-
graphic area served by such local educational
agency or group of local educational agencies;
and
‘‘(B) if the Secretary determines that the
modification is necessary and appropriate to
achieve the purposes of this subsection.
‘‘(8) TERMINATION OF MODIFICATION.—If, dur-
ing the period in which a modification under this
subsection is approved with respect to a local edu-
cational agency or group of local educational agen-
cies or a State or States, the Secretary determines
that the modification is not serving the best inter-
ests of children with disabilities in the geographic
area served, the Secretary may terminate the modi-
fication.
‘‘(h) DIRECT
SERVICES
BY
THE
STATE
EDU-
CATIONAL AGENCY.—
‘‘(1) IN GENERAL.—A State educational agency
shall use the payments that would otherwise have
been available to a local educational agency or to a
State agency to provide special education and relat-
ed services directly to children with disabilities resid-
ing in the area served by that local agency, or for
whom that State agency is responsible, if the State
educational agency determines that the local edu-
cation agency or State agency, as the case may be—
‘‘(A) has not provided the information
needed to establish the eligibility of such agency
under this section;
‘‘(B) is unable to establish and maintain
programs of free appropriate public education
that meet the requirements of subsection (a);
‘‘(C) is unable or unwilling to be consoli-
dated with one or more local educational agen-
cies in order to establish and maintain such
programs; or
‘‘(D) has one or more children with disabil-
ities who can best be served by a regional or
State program or service delivery system de-
signed to meet the needs of such children.
‘‘(2) MANNER AND LOCATION OF EDUCATION
AND SERVICES.—The State educational agency may
provide special education and related services under
paragraph (1) in such manner and at such locations
(including regional or State centers) as the State
agency considers appropriate. Such education and
services shall be provided in accordance with this
part.
‘‘(i) STATE AGENCY ELIGIBILITY.—Any State agency
that desires to receive a subgrant for any fiscal year under
section 611(c) shall demonstrate to the satisfaction of the
State educational agency that—
‘‘(1) all children with disabilities who are par-
ticipating in programs and projects funded under
this part receive a free appropriate public education,
and that those children and their parents are pro-
vided all the rights and procedural safeguards de-
scribed in this part; and
‘‘(2) the agency meets such other conditions of
this section as the Secretary determines to be appro-
priate.
‘‘SEC. 614. EVALUATIONS, REEVALUATIONS, INDIVIDUAL-
IZED 
EDUCATION 
PROGRAMS, 
AND 
EDU-
CATIONAL PLACEMENTS.
‘‘(a) EVALUATIONS AND REEVALUATIONS.—
‘‘(1) INITIAL EVALUATIONS.—
‘‘(A) IN
GENERAL.—A State educational
agency, other State agency, or local educational
agency shall conduct an initial evaluation, in ac-
cordance with this paragraph and subsection
(b), before the initial provision of special edu-
cation and related services to a child with a dis-
ability under this part.
‘‘(B) PROCEDURES.—Such initial evalua-
tion shall consist of procedures—
‘‘(i) to determine whether a child is a
child with a disability (as defined in sec-
tion 602(3)); and
‘‘(ii) to determine the educational
needs of such child.
‘‘(C) PARENTAL CONSENT.—
‘‘(i) IN GENERAL.—The agency pro-
posing to conduct an initial evaluation to
determine if the child qualifies as a child
with a disability as defined in section
602(3)(A) or 602(3)(B) shall obtain an in-
formed consent from the parent of such
child before the evaluation is conducted.
Parental consent for evaluation shall not
be construed as consent for placement for
receipt of special education and related
services.
‘‘(ii) REFUSAL.—If the parents of
such child refuse consent for the evalua-
tion, the agency may continue to pursue an
evaluation by utilizing the mediation and
due process procedures under section
615(e).
‘‘(2) REEVALUATIONS.—A local educational
agency shall ensure that a reevaluation of each child
with a disability is conducted—
‘‘(A) if conditions warrant a reevaluation
or if the child’s parent or teacher requests a re-
evaluation, but at least once every 3 years; and
‘‘(B) in accordance with subsections (b)
and (c).
‘‘(b) EVALUATION PROCEDURES.—
‘‘(1) NOTICE.—The local educational agency
shall provide notice to the parents of a child with a
disability, in accordance with subsections (b)(3),
(b)(4), and (c) of section 615, that describes any
evaluation procedures such agency proposes to con-
duct.
‘‘(2) CONDUCT OF EVALUATION.—In conduct-
ing the evaluation, the local educational agency
shall—
‘‘(A) use a variety of assessment tools and
strategies to gather relevant functional and de-
velopmental information, including information
provided by the parent, that may assist in de-
termining whether the child is a child with a
disability and the content of the child’s individ-
ualized education program, including informa-
100
tion related to enabling the child to participate
and achieve in the general curriculum or, for
preschool children, to participate in devel-
opmentally appropriate activities; and
‘‘(B) not use any single procedure as the
sole criterion for determining whether a child is
a child with a disability or determining an ap-
propriate educational program for the child.
‘‘(3) ADDITIONAL REQUIREMENTS.—Each local
educational agency shall ensure that—
‘‘(A) tests and other evaluation materials
used to assess a child under this section—
‘‘(i) are selected and administered so
as not to be discriminatory on a racial or
cultural basis; and
‘‘(ii) are provided and administered in
the child’s native language or other mode
of communication, unless it is clearly not
feasible to do so; and
‘‘(B) any standardized tests that are given
to the child—
‘‘(i) have been validated for the spe-
cific purpose for which they are used;
‘‘(ii) are administered by trained per-
sonnel; and
101
‘‘(iii) are administered in accordance
with any instructions provided by the pro-
ducer of such tests.
‘‘(4) DETERMINATION OF ELIGIBILITY.—Upon
completion of administration of tests and other eval-
uation materials—
‘‘(A) an individualized education program
team will be convened to make the determina-
tion if the child is a child with a disability as
defined in section 602(3) or section 602(3)(B);
and
‘‘(B) a copy of the evaluation report and
the documentation of determination of eligibility
will be given to the parent.
‘‘(c) REEVALUATION PROCEDURES.—
‘‘(1) IN GENERAL.—As part of any reevaluation
to assess a child under this section, the individual-
ized education program team shall—
‘‘(A) review existing evaluation data on the
child, including current classroom-based assess-
ments and teacher and related services provid-
ers observation; and
‘‘(B) on the basis of that review, the pro-
fessional judgment of the IEP Team, and input
102
from the child’s parents, identify what addi-
tional data, if any, are needed to determine—
‘‘(i) whether the child continues to
have an impairment, as described in sec-
tion 602(3)(A)(i) or section 602(3)(B);
‘‘(ii) the child’s present levels of per-
formance and educational needs; and
‘‘(iii)(I) whether the child continues to
need special education and related services;
and
‘‘(II) if so, any additions or modifica-
tions to the special education and related
services to enable the child to meet the ob-
jectives set out in the individualized edu-
cation program of the child and to partici-
pate, as appropriate, in the general cur-
riculum.
‘‘(2) TESTS
AND
OTHER
EVALUATION
MATE-
RIALS.—The local educational agency shall admin-
ister such tests and other evaluation materials as
may be needed to produce the data identified by the
IEP Team under paragraph (1)(B).
‘‘(3) REQUIREMENTS IF ADDITIONAL DATA NOT
NEEDED.—If the IEP Team determines that no ad-
ditional data are needed to determine whether the
103
child continues to be a child with a disability, the
local educational agency—
‘‘(A) shall notify the child’s parents of—
‘‘(i) that determination and the rea-
sons for it; and
‘‘(ii) the right of such parents to re-
quest an assessment to determine whether
the child continues to be a child with a dis-
ability; and
‘‘(B) shall not be required to conduct such an
assessment unless requested to by the child’s par-
ents.
‘‘(d) INDIVIDUALIZED EDUCATION PROGRAMS.—
‘‘(1) REQUIREMENT THAT PROGRAM BE IN EF-
FECT.—
‘‘(A) IN GENERAL.—At the beginning of
each school year, each local educational agency,
or State educational agency, as the case may
be, shall have in effect, for each child with a
disability in its jurisdiction, an individualized
education program, as defined in section
602(11).
‘‘(B) PROGRAM FOR CHILD AGED 3 TO 5.—
In the case of a child with a disability aged 3
to 5, inclusive, an individualized family service
104
plan that contains the material described in sec-
tion 636, and that is developed in accordance
with this section, may serve as the IEP of the
child if using that plan as the IEP is—
‘‘(i) consistent with State policy; and
‘‘(ii) agreed to by the agency and the
child’s parents.
‘‘(2) DEVELOPMENT OF IEP.—
‘‘(A) IN GENERAL.—An individualized edu-
cation program team shall develop the IEP de-
scribed in paragraph (1). In developing such
IEP, the IEP Team, subject to subparagraph
(B), shall—
‘‘(i) consider the child’s strengths, the
duration of an early intervention program,
and the parents’ concerns for enhancing
their child’s education;
‘‘(ii) consider the results of the initial
evaluation or most recent reevaluation;
‘‘(iii) in the case of a child whose be-
havior impedes his or her learning or that
of others, consider strategies, including be-
havioral management plans, to address
that behavior;
105
‘‘(iv) in the case of a child with lim-
ited English proficiency, consider the lan-
guage needs of the child as such needs re-
late to the child’s IEP;
‘‘(v) in the case of a child who is blind
or visually impaired, provide for instruction
in braille and the use of braille unless all
members of the IEP Team concur that,
after an evaluation of the child’s reading
and writing skills, needs, and appropriate
reading and writing media (including an
evaluation of the child’s future needs for
instruction in braille or the use of braille),
instruction in braille or the use of braille
is not appropriate for the child;
‘‘(vi) 
consider 
the 
communication
needs of the child; and
‘‘(vii) consider whether the child re-
quires assistive technology services or de-
vices.
‘‘(B) REQUIREMENT
WITH
RESPECT
TO
REGULAR EDUCATION TEACHER.—The regular
education teacher of the child, as a member of
the IEP Team, shall, to the extent appropriate,
106
participate in the development of the IEP of
the child.
‘‘(3) REVIEW AND REVISION OF IEP.—
‘‘(A) IN GENERAL.—The local educational
agency shall ensure that, subject to subpara-
graph (B), the IEP Team—
‘‘(i) reviews each IEP at least once a
year to determine whether the annual ob-
jectives for the child are being achieved;
and
‘‘(ii) revises the IEP to address—
‘‘(I) 
any 
lack 
of 
expected
progress toward the annual objectives
and in the general curriculum, where
appropriate;
‘‘(II) the results of any reevalua-
tion conducted under this section;
‘‘(III) 
information 
about 
the
child provided to the parents, as de-
scribed in section 602(11)(F)(ii); or
‘‘(IV) 
the 
child’s 
anticipated
needs as otherwise appropriate.
‘‘(B) REQUIREMENT
WITH
RESPECT
TO
REGULAR EDUCATION TEACHER.—The regular
education teacher of the child, as a member of
107
the IEP Team, shall, to the extent appropriate,
participate in the review and revision of the
IEP of the child.
‘‘(4) FAILURE
TO
MEET
TRANSITION
OBJEC-
TIVES.—If a participating agency, other than the
local educational agency, fails to provide the transi-
tion services described in the IEP in accordance with
section 602(11)(F)(ii), the local educational agency
shall reconvene the IEP Team to identify alternative
strategies to meet the transition objectives for the
child set out in that program.
‘‘(e) EDUCATIONAL PLACEMENTS.—Each local edu-
cational agency or State educational agency shall ensure
that the parents of each child with a disability are mem-
bers of any group that makes decisions on the educational
placement of their child.
‘‘SEC. 615. PROCEDURAL SAFEGUARDS.
‘‘(a) ESTABLISHMENT OF PROCEDURES.—Any State
educational agency or local educational agency that re-
ceives assistance under this part shall establish and main-
tain procedures in accordance with this section to assure
that children with disabilities and their parents are guar-
anteed procedural safeguards with respect to the provision
of free appropriate public education by such agencies.
108
‘‘(b) TYPES OF PROCEDURES.—The procedures re-
quired by this section shall include—
‘‘(1) an opportunity for the parents of a child
with a disability to examine all records relating to
such child and to participate in meetings with re-
spect to the identification, evaluation, and edu-
cational placement of the child, and the provision of
a free appropriate public education to such child,
and to obtain an independent educational evaluation
of the child;
‘‘(2) procedures to protect the rights of the
child whenever the parents of the child are not
known, the agency cannot, after reasonable efforts,
locate the parents, or the child is a ward of the
State, including the assignment of an individual
(who shall not be an employee of the State edu-
cational agency, the local educational agency, or any
other agency that is involved in the education or
care of the child) to act as a surrogate for the par-
ents;
‘‘(3) written prior notice to the parents of the
child whenever such agency—
‘‘(A) proposes to initiate or change; or
‘‘(B) refuses to initiate or change;
109
the identification, evaluation, or educational place-
ment of the child, in accordance with subsection (c),
or the provision of a free appropriate public edu-
cation to the child, except that a minor modification
of instructional strategies to carry out the individ-
ualized education program of the child shall not be
considered to be a change requiring a notice to the
parents under this section;
‘‘(4) procedures designed to assure that the no-
tice required by paragraph (3) is in the native lan-
guage of the parents, unless it clearly is not feasible
to do so;
‘‘(5) an opportunity for mediation in accordance
with subsection (e); and
‘‘(6) an opportunity to present complaints with
respect to any matter relating to the identification,
evaluation, or educational placement of the child, or
the provision of a free appropriate public education
to such child.
‘‘(c) CONTENT OF PRIOR WRITTEN NOTICE.—The
notice required by subsection (b)(3) shall include—
‘‘(1) a description of the action proposed
or refused by the agency;
‘‘(2) an explanation of why the agency pro-
poses or refuses to take the action;
110
‘‘(3) a description of any other options
that the agency considered and the reasons why
those options were rejected;
‘‘(4) a description of each evaluation proce-
dure, test, record, or report the agency used as
a basis for the proposed or refused action;
‘‘(5) a description of any other factors that
are relevant to the agency’s proposal or refusal;
and
‘‘(6) a statement that the parents of a
child with a disability have protection under the
procedural safeguards of this title and, if this
notice is not an initial referral for evaluation,
the means by which a copy of a description of
the procedural safeguards can be obtained.
‘‘(d) PROCEDURAL SAFEGUARDS NOTICE.—
‘‘(1) IN GENERAL.—A copy of the procedural
safeguards available to the parents of a child with
a disability shall be given to the parents, at a mini-
mum—
‘‘(A) upon initial referral for evaluation;
‘‘(B) at each individualized education pro-
gram meeting; and
‘‘(C) upon registration of a complaint
under subsection (b)(6).
111
‘‘(2) CONTENTS.—The procedural safeguards
notice shall include a full explanation of the proce-
dural safeguards written in the native language of
the parents, unless not feasible to do so, and written
in an easily understandable manner, available under
this section and under regulations promulgated by
the Secretary relating to—
‘‘(A) independent educational evaluation;
‘‘(B) prior written notice;
‘‘(C) parental consent;
‘‘(D) access to educational records;
‘‘(E) opportunity to present complaints;
‘‘(F) the child’s placement during pend-
ency of due process proceedings;
‘‘(G) procedures for students who are sub-
ject to placement in an interim alternative edu-
cational setting;
‘‘(H) requirements for unilateral placement
by parents of children in private schools at pub-
lic expense;
‘‘(I) mediation;
‘‘(J) due process hearings, including re-
quirements for disclosure of evaluation results
and recommendations;
112
‘‘(K) State-level appeals (if applicable in
that State);
‘‘(L) civil actions; and
‘‘(M) attorney’s fees.
‘‘(e) MEDIATION.—
‘‘(1) IN
GENERAL.—Any State educational
agency or local educational agency that receives as-
sistance under this part shall ensure that procedures
are established and implemented to allow parties to
disputes involving the provision of free appropriate
public education to children with disabilities by any
such State educational agency or local educational
agency to resolve such disputes through a mediation
process.
‘‘(2) REQUIREMENTS.—Such procedures shall
meet the following requirements:
‘‘(A) The procedures shall ensure that the
mediation process—
‘‘(i) is voluntary on the part of the
parents and may be waived by the parents
at any time during such process; and
‘‘(ii) is conducted by a qualified and
impartial mediator who is trained in effec-
tive mediation techniques.
113
‘‘(B) The State shall maintain a list of in-
dividuals who are qualified mediators and
knowledgeable in laws and regulations relating
to the provision of special education and related
services.
‘‘(C) The State shall bear the cost of the
mediator in the mediation process.
‘‘(D) Each session in the mediation process
shall be scheduled in a timely manner and shall
be held in a location that is convenient to the
parties to the dispute.
‘‘(E) An agreement reached by the parties
to the dispute in the mediation process shall be
set forth in a written mediation agreement.
‘‘(F) Discussions that occur during the
mediation process shall be confidential and may
not be used as evidence in any subsequent due
process hearings or civil proceedings, and the
parties to the mediation process may be re-
quired to sign a confidentiality pledge prior to
the commencement of such process.
‘‘(G) Attorneys shall not attend or other-
wise participate in the mediation process.
114
‘‘(H) Proceedings of the mediation process
shall not be considered administrative proceed-
ings.
‘‘(I) Attorney’s fees and related costs may
not be made to any individual in connection
with the mediation process.
‘‘(J) Parents who are party to the medi-
ation process may be accompanied and advised
by a non-attorney representative.
‘‘(f) IMPARTIAL DUE PROCESS HEARING.—
‘‘(1) IN GENERAL.—Whenever a complaint has
been received under subsection (b)(6), the parents
involved in such complaint shall have an opportunity
for an impartial due process hearing which shall be
conducted by the State educational agency or by the
local educational agency, as determined by State law
or by the State educational agency.
‘‘(2) DISCLOSURE OF EVALUATIONS AND REC-
OMMENDATIONS.—
‘‘(A) IN
GENERAL.—At least 15 school
days prior to a hearing conducted pursuant to
paragraph (1), each party shall disclose to all
other parties all evaluations and recommenda-
tions based on the offering party’s evaluations
which the party intends to use at the hearing.
115
‘‘(B) PROHIBITION.—Any party which fails
to meet the requirement of subparagraph (A)
shall be barred from introducing such evalua-
tions and recommentations at such hearing.
‘‘(3) LIMITATION ON CONDUCT OF HEARING.—
A hearing conducted pursuant to paragraph (1) may
not be conducted by an employee of the State edu-
cational agency or the local educational agency in-
volved in the education or care of the child.
‘‘(g) APPEAL.—If the hearing required by subsection
(f) is conducted by a local educational agency, any party
aggrieved by the findings and decision rendered in such
a hearing may appeal such findings and decision to the
State educational agency. Such agency shall conduct an
impartial review of such decision. The officer conducting
such review shall make an independent decision upon com-
pletion of such review.
‘‘(h) SAFEGUARDS.—Any party to a hearing con-
ducted pursuant to subsections (f) or an appeal conducted
pursuant to subsection (g) shall be accorded—
‘‘(1) the right to be accompanied and advised
by counsel and by individuals with special knowledge
or training with respect to the problems of children
with disabilities;
116
‘‘(2) the right to present evidence and confront,
cross-examine, and compel the attendance of wit-
nesses;
‘‘(3) the right to a written, or, at the option of
the parents, electronic verbatim record of such hear-
ing; and
‘‘(4) the right to written, or, at the option of
the parents, electronic findings of fact and decisions
(which findings and decisions shall be made available
to the public consistent with the requirements of sec-
tion 617(c) (relating to the confidentiality of data,
information, and records) and shall also be transmit-
ted to the advisory panel established pursuant to
section 612(a)(18)).
‘‘(i) ADMINISTRATIVE PROCEDURES.—
‘‘(1) IN GENERAL.—A decision made in a hear-
ing conducted pursuant to subsection (f) shall be
final, except that any party involved in such hearing
may appeal such decision under the provisions of
subsection (g) and paragraph (2) of this subsection.
‘‘(2) RIGHT TO BRING CIVIL ACTION.—
‘‘(A) IN GENERAL.—Any party aggrieved
by the findings and decision made under sub-
section (f) who does not have the right to an
appeal under subsection (g), and any party ag-
117
grieved by the findings and decision under this
subsection, shall have the right to bring a civil
action with respect to the complaint presented
pursuant to this section, which action may be
brought in any State court of competent juris-
diction or in a district court of the United
States without regard to the amount in con-
troversy.
‘‘(B) 
ADDITIONAL
REQUIREMENTS.—In
any action brought under this paragraph the
court—
‘‘(i) shall receive the records of the
administrative proceedings;
‘‘(ii) hear additional evidence at the
request of a party; and
‘‘(iii) basing its decision on the pre-
ponderance of the evidence, shall grant
such relief as the court determines is ap-
propriate.
‘‘(3) JURISDICTION OF DISTRICT COURTS; AT-
TORNEYS’ FEES.—
‘‘(A) IN GENERAL.—The district courts of
the United States shall have jurisdiction of ac-
tions brought under this subsection without re-
gard to the amount in controversy.
118
‘‘(B) AWARD
OF
ATTORNEYS’ FEES.—In
any action or proceeding brought under this
subsection, the court, in its discretion, may
award reasonable attorneys’ fees as part of the
costs to the parents of a child or youth with a
disability who is the prevailing party.
‘‘(C) DETERMINATION OF AMOUNT OF AT-
TORNEYS’ FEES.—Fees awarded under this
paragraph shall be based on rates prevailing in
the community in which the action or proceed-
ing arose for the kind and quality of services
furnished. No bonus or multiplier may be used
in calculating the fees awarded under this sub-
section.
‘‘(D) PROHIBITION OF ATTORNEYS’ FEES
AND
RELATED
COSTS
FOR
CERTAIN
SERV-
ICES.—Attorneys’ fees may not be awarded and
related costs may not be reimbursed in any ac-
tion or proceeding under this subsection for
services performed subsequent to the time of a
written offer of settlement to a parent if—
‘‘(i) the offer is made within the time
prescribed by Rule 68 of the Federal Rules
of Civil Procedure or, in the case of an ad-
119
ministrative proceeding, at any time more
than ten days before the proceeding begins;
‘‘(ii) the offer is not accepted within
10 days; and
‘‘(iii) the court or administrative offi-
cer finds that the relief finally obtained by
the parents is not more favorable to the
parents than the offer of settlement.
‘‘(E) EXCEPTION TO PROHIBITION ON AT-
TORNEYS’ FEES
AND
RELATED
COSTS.—Not-
withstanding subparagraph (D), an award of
attorneys’ fees and related costs may be made
to a parent who is the prevailing party and who
was substantially justified in rejecting the set-
tlement offer.
‘‘(F) REDUCTION IN AMOUNT OF ATTOR-
NEYS’ FEES.—Except as provided in subpara-
graph (G), whenever the court finds that—
‘‘(i) the parent, during the course of
the action or proceeding, unreasonably pro-
tracted the final resolution of the con-
troversy;
‘‘(ii) the amount of the attorneys’ fees
otherwise authorized to be awarded unrea-
sonably exceeds the hourly rate prevailing
120
in the community for similar services by
attorneys of reasonably comparable skill
and experience;
‘‘(iii) the time spent and legal services
furnished were excessive considering the
nature of the action or proceeding;
‘‘(iv) the parent did not provide a
written statement of concerns to the school
district; or
‘‘(v) the amount of attorneys’ fees re-
quested is not in proportion to the number
of hours expended on the issues involved or
on the issues on which the parents pre-
vailed;
the court shall reduce, accordingly, the amount
of the attorneys’ fees awarded under this sub-
section.
‘‘(G) 
EXCEPTION
TO
REDUCTION
IN
AMOUNT
OF
ATTORNEYS’ FEES.—The provi-
sions of subparagraph (F) shall not apply in
any action or proceeding if the court finds that
the State or local educational agency unreason-
ably protracted the final resolution of the action
or proceeding or there was a violation of this
section.
121
‘‘(j) MAINTENANCE
OF
CURRENT
EDUCATIONAL
PLACEMENT.—Except as provided in subsection (k), dur-
ing the pendency of any proceedings conducted pursuant
to this section, unless the State or local educational agency
and the parents otherwise agree, the child shall remain
in the then current educational placement of such child,
or, if applying for initial admission to a public school,
shall, with the consent of the parents, be placed in the
public school program until all such proceedings have been
completed.
‘‘(k) PLACEMENT IN ALTERNATIVE EDUCATIONAL
SETTING.—
‘‘(1) AUTHORITY
OF
SCHOOL
PERSONNEL.—
School personnel under this section may, to the
same extent as a court, order a change in the place-
ment of a child with a disability—
‘‘(A) to an appropriate interim alternative
educational setting, another setting for not
more than 10 school days, or suspension (to the
extent such alternatives would be applied to
children without disabilities); and
‘‘(B) to an appropriate interim alternative
educational setting for not more than an addi-
tional 45 school days if—
122
‘‘(i) the child carries a weapon to
school or to a school function under the ju-
risdiction of a State or a local educational
agency;
‘‘(ii) the child possesses or uses illegal
drugs or sells or solicits the sale of medica-
tions or illegal drugs while at school or a
school function under the jurisdiction of a
State or local educational agency; or
‘‘(iii) the child commits an assault
and battery while at school or at a school
function under the jurisdiction of a State
or a local educational agency.
‘‘(2) AUTHORITY
OF
HEARING
OFFICER.—A
hearing officer under this section may, to the same
extent as a court, order a change in the placement
of a child with a disability to an appropriate interim
alternative educational setting for not more than 45
school days if—
‘‘(A) the maintenance of the current place-
ment of such child is substantially likely to re-
sult in injury to the child or to others; and
‘‘(B) the hearing officer—
‘‘(i) determines that the public agency
has demonstrated by substantial evidence
123
that the requirement of subparagraph (A)
has been met;
‘‘(ii) considers the appropriateness of
the child’s current placement; and
‘‘(iii) considers whether the public
agency has made reasonable efforts to min-
imize the risk of harm through the use of
supplementary aids and services.
‘‘(3) DETERMINATION OF SETTING.—The alter-
native educational setting described in paragraph (1)
or paragraph (2) shall be determined by the individ-
ualized education program team.
‘‘(4) MANIFESTATION
DETERMINATION
RE-
VIEW.—
‘‘(A) IN GENERAL.—If a change in place-
ment or disciplinary proceeding, including ex-
pulsion, is contemplated as a result of an action
described in paragraph (1) or paragraph (2)—
‘‘(i) not later than 3 school days after
the date on which such action has been
taken the parents shall be notified of such
action; and
‘‘(ii) not later than 15 school days
after the date on which such action has
been taken a review shall be conducted of
124
the relationship between the child’s disabil-
ity and the behavior described in para-
graph (1).
‘‘(B) INDIVIDUALS
TO
CARRY
OUT
RE-
VIEW.—A review described in subparagraph (A)
shall be conducted by the IEP Team.
‘‘(C) CONDUCT OF REVIEW.—In carrying
out a review described in subparagraph (A), the
individuals described in subparagraph (B) shall
consider appropriate factors, including—
‘‘(i) the appropriateness of the child’s
placement;
‘‘(ii) the consistency of the implemen-
tation of the child’s entire IEP, including
the technical soundness of the behavior
management plan;
‘‘(iii) evaluation and diagnostic re-
sults, which may include any such results
supplied by the parents or guardian of the
child; and
‘‘(iv) observations of the child.
‘‘(5) DETERMINATION
THAT
BEHAVIOR
WAS
MANIFESTATION
OF
DISABILITY.—If the result of
the review described in paragraph (4) is a deter-
mination that the behavior of the child with a dis-
125
ability was a manifestation of such child’s disability
and the parents of such child agree with such deter-
mination, the educational placement of such child
may be changed. If the parents do not agree with
such determination or with such changed educational
placement, an immediate appeal may be made to a
hearing officer to determine whether the child’s
placement should be changed. Any party aggrieved
by the determination of the hearing officer may initi-
ate a due process hearing as described in subsection
(f).
‘‘(6) DETERMINATION
THAT
BEHAVIOR
WAS
NOT MANIFESTATION OF DISABILITY.—If the result
of the review described in paragraph (4) is a deter-
mination that the behavior of the child with a dis-
ability was not a manifestation of such child’s dis-
ability, the relevant disciplinary procedures applica-
ble to children without disabilities shall be applied in
the same manner in which they would be applied to
children without disabilities. If the parents do not
agree with such application, a due process hearing,
as described in subsection (f), may be initiated. Dur-
ing the pendency of such due process procedures, the
child shall continue to receive educational services in
the alternative educational setting.
126
‘‘(7) EXPEDITED HEARING.—The State or local
educational agency shall arrange for an expedited
hearing in any case described in this subsection
when requested by the parent.
‘‘(8) ADDITIONAL REQUIREMENT.—
‘‘(A) IN GENERAL.—Except as provided in
subparagraph (B), if the parent of a child de-
scribed in this section requests a hearing pursu-
ant to subsection (f), the child shall remain in
the alternative educational setting in which
such child was placed during the pendency of
any proceedings under this section, unless the
parents and the State or local educational agen-
cy agree otherwise.
‘‘(B) SPECIAL RULE.—The limitations on
the authority of a school to change the edu-
cational placement of a child with a disability
under this part shall not apply to a child—
‘‘(i) who has requested, or on whose
behalf another individual has requested, an
initial evaluation pursuant to section 614;
and
‘‘(ii) who has not yet been determined
to be a child with a disability, as defined
in section 602(3).
127
‘‘(9) DEFINITIONS.—For purposes of this sub-
section, the terms ‘illegal’, ‘drugs’, ‘weapon’, and
‘assault and battery’ shall be defined in accordance
with State law or State policy relating to disciplinary
procedures regarding children who do not have dis-
abilities.
‘‘(l) RULE OF CONSTRUCTION.—Nothing in this part
shall be construed to restrict or limit the rights, proce-
dures, and remedies available under the Americans with
Disabilities Act, title V of the Rehabilitation Act of 1973,
or other Federal laws protecting the rights of children
with disabilities, except that before the filing of a civil ac-
tion 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 re-
quired had the action been brought under this part.
‘‘(m) TRANSFER OF PARENTAL RIGHTS AT AGE OF
MAJORITY.—A State that receives amounts from a grant
under this part may provide that, when a child with a dis-
ability reaches the age of majority under State law (except
for a child with a disability who has been determined to
be incompetent by a court)—
‘‘(1) the public agency shall provide any notice
required by this section to both the individual and
the parents;
128
‘‘(2) all other rights accorded to parents under
this part transfer to the child;
‘‘(3) the agency shall notify the individual and
the parents of the transfer of rights; and
‘‘(4) all rights accorded to parents under this
part transfer to children who are incarcerated in an
adult or juvenile Federal, State, or local correctional
institution.
‘‘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;
the Secretary shall, after notifying the State edu-
cational agency, withhold any further payments to
the State under this part.
129
‘‘(2) NATURE OF WITHHOLDING.—If the Sec-
retary withholds further payments under paragraph
(1), the Secretary may determine that such with-
holding will be limited to programs or projects, or
portions thereof, affected by the failure, or that the
State educational agency shall not make further pay-
ments under this part to specified local educational
agencies or State agencies affected by the failure.
Until the Secretary is satisfied that there is no
longer any failure to comply with the provisions of
this part, as specified in subparagraph (A) or (B) of
paragraph (1), no further payments shall be made to
the State under this part, or payments by the State
educational agency under this part shall be limited
to local educational agencies and State agencies
whose actions did not cause or were not involved in
the failure, as the case may be. Any State edu-
cational agency, State agency, or local educational
agency that has received notice under paragraph (1)
shall, by means of a public notice, take such meas-
ures as may be necessary to bring the pendency of
an action pursuant to this subsection to the atten-
tion of the public within the jurisdiction of such
agency.
‘‘(b) JUDICIAL REVIEW.—
130
‘‘(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
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 sec-
tion 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 Unit-
ed States upon certiorari or certification as provided
in section 1254 of title 28, United States Code.
‘‘(3) STANDARD OF REVIEW.—The findings of
fact by the Secretary, if supported by substantial
evidence, shall be conclusive, but the court, for good
cause shown, may remand the case to the Secretary
to take further evidence, and the Secretary may
131
thereupon make new or modified findings of fact and
may modify the Secretary’s previous action, and
shall file in the court the record of the further pro-
ceedings. Such new or modified findings of fact shall
likewise be conclusive if supported by substantial evi-
dence.
‘‘SEC. 617. ADMINISTRATION.
‘‘(a) RESPONSIBILITIES OF SECRETARY.—In carry-
ing 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 regu-
lations under this Act only to the extent that such regula-
tions are necessary to ensure that there is compliance with
the specific requirements of this Act.
‘‘(c) CONFIDENTIALITY.—The Secretary shall take
appropriate action, in accordance with the provisions of
section 444 of the General Education Provisions Act (20
132
U.S.C. 1232g), to assure the protection of the confiden-
tiality 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 conduct data collec-
tion and evaluation activities authorized by subsection (a)
and section 618 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 classi-
fication and general schedule pay rates, except that no
more than twenty such personnel shall be employed at any
time.
‘‘SEC. 618. PROGRAM INFORMATION.
‘‘Each State that receives assistance under this part,
and the Secretary of the Interior, shall provide data each
year to the Secretary on—
‘‘(1) the number of children who are receiv-
ing—
‘‘(A) a free appropriate public education;
or
‘‘(B) early intervention services because—
133
‘‘(i) such children have developmental
delays; or
‘‘(ii) such children have a diagnosed
physical or mental condition that has a
high probability of resulting in devel-
opmental delay;
‘‘(2) the progress of the State, and of the chil-
dren with disabilities in the State, toward meeting
the goals established under section 612(14);
‘‘(3) the types of early intervention services pro-
vided to such children, which may be based on a
sampling of data;
‘‘(4) the number of children with disabilities—
‘‘(A) participating in regular education
programs;
‘‘(B) in separate classes, separate schools
or facilities, or public or private residential fa-
cilities;
‘‘(C) who have been otherwise removed
from the regular education environment; and
‘‘(D) in various early intervention settings;
‘‘(5) for each year of age from age 14 to 21,
the number of children with disabilities who, because
of program completion or for other reasons, stopped
receiving special education, and the reasons why
134
such children stopped receiving such special edu-
cation, which may be based on a sampling of data;
‘‘(6)(A) the number of children with disabilities,
who, under section 615(k), are removed to an in-
terim alternative educational setting;
‘‘(B) the acts or items precipitating such re-
movals; and
‘‘(C) the number of children with disabilities
who are expelled from school without receiving serv-
ices; and
‘‘(7) any other information required by the Sec-
retary.
‘‘SEC. 619. PRESCHOOL GRANTS.
‘‘(a) IN GENERAL.—The Secretary shall provide
grants under this section to assist States to provide special
education and related services, in accordance with this
part—
‘‘(1) to children with disabilities aged 3 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.
‘‘(b) ELIGIBILITY.—A State shall be eligible for a
grant under this section if such State—
135
‘‘(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 to
5, inclusive, residing in the State.
‘‘(c) AMOUNT.—
‘‘(1) IN GENERAL.—From the amount appro-
priated for any fiscal year pursuant to the author-
ization of appropriations under subsection (m), the
Secretary shall allot to each eligible State the
amount it received for fiscal year 1996 under this
section (as this section was in effect on the day be-
fore the date of the enactment of the IDEA Im-
provement Act of 1996).
‘‘(2) INSUFFICIENT FUNDS.—
‘‘(A) IN GENERAL.—If the amount appro-
priated under subsection (m) for a fiscal year is
insufficient to make the full allotments de-
scribed in paragraph (1), the Secretary shall—
‘‘(i) first, reduce the allocation to any
State whose number of children aged 3 to
5, inclusive, is less than the number of
such children in such State in fiscal year
1995 by the same percentage by which
136
such number of children declined from the
number of children in fiscal year 1995; and
‘‘(ii) second, if necessary, ratably re-
duce the allocations of all States, including
those allocations reduced under clause (i).
‘‘(B) 
AVAILABILITY
OF
ADDITIONAL
FUNDS.—If additional funds become available
to make allocations under this section, the allo-
cations that were reduced under subparagraph
(A) shall be increased on the same basis as
such allocations were reduced.
‘‘(d) ALLOTMENT
OF REMAINING FUNDS.—After
making allotments under subsection (c), the Secretary
shall allot any remaining funds to eligible States on the
basis of their relative population of children aged 3 to 5,
inclusive.
‘‘(e) SPECIAL RULE WITH RESPECT
TO PUERTO
RICO.—Notwithstanding any other provision of this sub-
section, the amount allotted to Puerto Rico for a fiscal
year shall bear the same or lower proportion to the amount
appropriated pursuant to subsection (m) as the amount
received by Puerto Rico under this section for fiscal year
1996 bears to the aggregate of the amounts received by
all States under this section for fiscal year 1996.
137
‘‘(f) DETERMINATION OF POPULATION FIGURES.—
For the purpose of providing grants under this section,
the Secretary shall use the most recent population data
that are available and satisfactory to the Secretary.
‘‘(g) RESERVATION
FOR
STATE
ACTIVITIES.—A
State may reserve not more than 10 percent of the amount
allotted to the State under this section for a fiscal year
for administration and other State-level activities in ac-
cordance with subsections (h) and (i).
‘‘(h) STATE ADMINISTRATION.—
‘‘(1) IN GENERAL.—A State may use up to 2
percent of the amount allotted to the State under
this section for a fiscal year for the purpose of ad-
ministering this section, including the coordination
of activities under this part with, and providing
technical assistance to, other programs that provide
services to children with disabilities.
‘‘(2) USE OF AMOUNTS FOR ADMINISTRATION
OF PART C.—If the State educational agency is the
lead agency for the State under part C, amounts de-
scribed in paragraph (1) may also be used for the
administration of such part C.
‘‘(i) OTHER STATE-LEVEL ACTIVITIES.—Each State
shall use any funds it retains under subsection (g) and
does not use for administration under subsection (h)—
138
‘‘(1) for support services (including establishing
and implementing the mediation process required by
section 615(d)), which may benefit children with dis-
abilities younger than 3 or older than 5 as long as
those services also benefit children with disabilities
aged 3 to 5, inclusive;
‘‘(2) for direct services for children eligible for
services under this section;
‘‘(3) to develop a State improvement plan under
part D;
‘‘(4) for activities at the State and local levels
to meet the performance goals established by the
State under section 612(a)(14) and to support im-
plementation of the State improvement plan under
part D if the State receives funds under that 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
families, including children with disabilities and their
families, but not to exceed one percent of the
amount received by the State under this section for
a fiscal year.
‘‘(j) SUBGRANTS TO LOCAL EDUCATIONAL AGEN-
CIES.—