I 
108TH CONGRESS 
1ST SESSION H. R. 1350
To reauthorize the Individuals with Disabilities Education Act, and for other 
purposes. 
IN THE HOUSE OF REPRESENTATIVES 
MARCH 19, 2003
Mr. CASTLE (for himself, Mr. BOEHNER, Mr. BALLENGER, Mr. MCKEON, Mr. 
SAM JOHNSON of Texas, Mr. GREENWOOD, Mr. DEMINT, Mrs. BIGGERT, 
Mr. TIBERI, Mr. KELLER, Mr. WILSON of South Carolina, and Mr. 
COLE) introduced the following bill; which was referred to the Committee 
on Education and the Workforce 
A BILL 
To reauthorize the Individuals with Disabilities Education 
Act, and for other purposes.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Improving Education 
Results for Children With Disabilities Act of 2003’’.
TITLE I—GENERAL PROVISIONS
SEC. 101. SECTIONS 601 THROUGH 603 OF THE INDIVIDUALS 
WITH DISABILITIES EDUCATION ACT. 
Sections 601 through 603 of the Individuals with 
Disabilities Education Act (20 U.S.C. 1400–1402) are 
amended to read as follows: 
‘‘PART A—GENERAL PROVISIONS
‘‘SEC. 601. SHORT TITLE; TABLE OF CONTENTS; FINDINGS; 
PURPOSES. 
‘‘(a) SHORT TITLE.—This Act may be cited as the 
‘Individuals with Disabilities Education Act’.
‘‘(b) TABLE OF CONTENTS.—The table of contents 
for this Act is as follows:
‘‘PART A—GENERAL PROVISIONS 
‘‘Sec. 601. Short title; table of contents; findings; purposes. 
‘‘Sec. 602. Definitions. 
‘‘Sec. 603. Office of Special Education Programs. 
‘‘Sec. 604. Abrogation of State sovereign immunity. 
‘‘Sec. 605. Acquisition of equipment; construction or alteration of facilities. 
‘‘Sec. 606. Employment of individuals with disabilities. 
‘‘Sec. 607. Requirements for prescribing regulations. 
‘‘Sec. 608. State administration. 
‘‘Sec. 609. GAO review; report. 
‘‘PART B—ASSISTANCE FOR EDUCATION OF ALL CHILDREN WITH 
DISABILITIES 
‘‘Sec. 611. Authorization; allotment; use of funds; authorization of appropria-
tions. 
‘‘Sec. 612. State eligibility. 
‘‘Sec. 613. Local educational agency eligibility. 
‘‘Sec. 614. Evaluations, eligibility determinations, individualized education pro-
grams, and educational placements. 
‘‘Sec. 615. Procedural safeguards. 
‘‘Sec. 616. Withholding and judicial review. 
‘‘Sec. 617. Administration. 
‘‘Sec. 618. Program information. 
‘‘Sec. 619. Preschool grants.
‘‘PART C—INFANTS AND TODDLERS WITH DISABILITIES 
‘‘Sec. 631. Findings and policy. 
‘‘Sec. 632. Definitions. 
‘‘Sec. 633. General authority. 
‘‘Sec. 634. Eligibility. 
‘‘Sec. 635. Requirements for statewide system. 
‘‘Sec. 636. Individualized family service plan. 
‘‘Sec. 637. State application and assurances. 
‘‘Sec. 638. Uses of funds. 
‘‘Sec. 639. Procedural safeguards. 
‘‘Sec. 640. Payor of last resort. 
‘‘Sec. 641. State Interagency Coordinating Council. 
‘‘Sec. 642. Federal administration. 
‘‘Sec. 643. Allocation of funds. 
‘‘Sec. 644. Authorization of appropriations. 
‘‘PART D—NATIONAL ACTIVITIES TO IMPROVE EDUCATION OF CHILDREN 
WITH DISABILITIES 
‘‘Sec. 651. Findings. 
‘‘SUBPART 1—STATE PROFESSIONAL DEVELOPMENT GRANTS 
‘‘Sec. 652. Purpose. 
‘‘Sec. 653. Eligibility and collaborative process. 
‘‘Sec. 654. Applications. 
‘‘Sec. 655. Use of funds. 
‘‘Sec. 656. State grant amounts. 
‘‘Sec. 657. Authorization of appropriations. 
SUBPART
2—SCIENTIFICALLY
BASED
RESEARCH; 
TECHNICAL
ASSISTANCE; 
MODEL DEMONSTRATION PROJECTS; DISSEMINATION OF INFORMATION; AND 
PERSONNEL PROGRAMS 
‘‘Sec. 661. Purpose. 
‘‘Sec. 662. Administrative provisions. 
‘‘Sec. 663. Research to improve results for children with disabilities. 
‘‘Sec. 664. Technical assistance, demonstration projects, dissemination of infor-
mation, and implementation of scientifically based research. 
‘‘Sec. 665. Personnel development to improve services and results for children 
with disabilities. 
‘‘Sec. 666. Studies and evaluations. 
‘‘Sec. 667. Authorization of appropriations.
‘‘SUBPART 3—SUPPORTS TO IMPROVE RESULTS FOR CHILDREN WITH 
DISABILITIES 
‘‘Sec. 671. Purposes. 
‘‘Sec. 672. Parent and community training and information centers. 
‘‘Sec. 673. Technical assistance for parent and community training and infor-
mation centers. 
‘‘Sec. 674. Technology development, demonstration, and utilization; and media 
services.
‘‘(c) FINDINGS.—Congress finds the following:
‘‘(1) Disability is a natural part of the human 
experience and in no way diminishes the right of in-
dividuals to participate in or contribute to society. 
Improving educational results for children with dis-
abilities is an essential element of our national policy 
of ensuring equality of opportunity, full participa-
tion, independent living, and economic self-suffi-
ciency for individuals with disabilities. 
‘‘(2) Before the date of the enactment of the 
Education for All Handicapped Children Act of 
1975 (Public Law 94–142) the special educational 
needs of millions of children with disabilities were 
not being fully met and there were many children 
with disabilities participating in regular school pro-
grams whose undiagnosed disabilities prevented 
them from having a successful educational experi-
ence. 
‘‘(3) Since the enactment and implementation 
of the Education for All Handicapped Children Act 
of 1975, this Act has been successful in ensuring 
children with disabilities and the families of such 
children access to a free appropriate public edu-
cation and in improving educational results for chil-
dren with disabilities.
‘‘(4) Over 25 years of research and experience 
has demonstrated that the education of children with 
disabilities can be made more effective by—
‘‘(A) having high expectations for such 
children and ensuring their access to the gen-
eral education curriculum in the regular class-
room to the maximum extent possible in 
order—
‘‘(i) to meet developmental goals and, 
to the maximum extent possible, the chal-
lenging expectations that have been estab-
lished for all children; and 
‘‘(ii) to be prepared to lead productive 
and independent adult lives, to the max-
imum extent possible; 
‘‘(B) strengthening the role and responsi-
bility of parents and ensuring that families of 
such children have meaningful opportunities to 
participate in the education of their children at 
school and at home; 
‘‘(C) coordinating this Act with other local, 
State, and Federal school improvement efforts, 
including efforts under the Elementary and 
Secondary Education Act of 1965, in order to 
ensure that children with disabilities benefit
from such efforts and that special education 
can become a service for such children rather 
than a place where they are sent; 
‘‘(D) supporting high-quality, intensive 
professional development for personnel who 
work with children with disabilities; 
‘‘(E) providing incentives for scientifically 
based reading programs and pre-referral inter-
vention services to reduce the need to label chil-
dren as disabled in order to address their learn-
ing needs; 
‘‘(F) focusing resources on teaching and 
learning while reducing paperwork and require-
ments that do not assist in improving edu-
cational results; and 
‘‘(G) supporting the development and use 
of technology, including assistive technology de-
vices and services, to maximize accessibility for 
children with disabilities. 
‘‘(5) While States, local educational agencies, 
and educational service agencies are primarily re-
sponsible for providing an education for all children 
with disabilities, it is in the national interest that 
the Federal Government have a supporting role in 
assisting State and local efforts to educate children
‘‘(4) EDUCATIONAL
SERVICE
AGENCY.—The 
term ‘educational service agency’—
‘‘(A) means a regional public multiservice 
agency—
‘‘(i) authorized by State law to de-
velop, manage, and provide services or pro-
grams to local educational agencies; and 
‘‘(ii) recognized as an administrative 
agency for purposes of the provision of 
special education and related services pro-
vided within public elementary and sec-
ondary schools of the State; and 
‘‘(B) includes any other public institution 
or agency having administrative control and di-
rection over a public elementary or secondary 
school. 
‘‘(5) ELEMENTARY
SCHOOL.—The term ‘ele-
mentary school’ means a nonprofit institutional day 
or residential school that provides elementary edu-
cation, as determined under State law. 
‘‘(6) EQUIPMENT.—The term ‘equipment’ in-
cludes—
‘‘(A) machinery, utilities, and built-in 
equipment and any necessary enclosures or
structures to house such machinery, utilities, or 
equipment; and 
‘‘(B) all other items necessary for the 
functioning of a particular facility as a facility 
for the provision of educational services, includ-
ing items such as instructional equipment and 
necessary furniture; printed, published, and 
audio-visual 
instructional 
materials; 
tele-
communications, sensory, and other techno-
logical aids and devices; and books, periodicals, 
documents, and other related materials. 
‘‘(7) EXCESS COSTS.—The term ‘excess costs’ 
means those costs that are in excess of the average 
annual per-student expenditure in a local edu-
cational agency during the preceding school year for 
an elementary or secondary school student, as may 
be appropriate, and which shall be computed after 
deducting—
‘‘(A) amounts received—
‘‘(i) under part B of this title; 
‘‘(ii) under part A of title I of the El-
ementary and Secondary Education Act of 
1965; and 
‘‘(iii) under title III of that Act; and
‘‘(B) any State or local funds expended for 
programs that would qualify for assistance 
under any of the provisions of law described in 
subparagraph (A). 
‘‘(8) 
FREE
APPROPRIATE
PUBLIC
EDU-
CATION.—The term ‘free appropriate public edu-
cation’ means special education and related services 
that—
‘‘(A) have been provided at public expense, 
under public supervision and direction, and 
without charge; 
‘‘(B) meet the standards of the State edu-
cational agency; 
‘‘(C) include an appropriate preschool, ele-
mentary, or secondary school education in the 
State involved; and 
‘‘(D) are provided in conformity with the 
individualized 
education 
program 
required 
under section 614(d). 
‘‘(9) HIGHLY
QUALIFIED.—The term ‘highly 
qualified’ has the same meaning as that term in sec-
tion 9101 of the Elementary and Secondary Edu-
cation Act of 1965. 
‘‘(10) INDIAN.—The term ‘Indian’ means an in-
dividual who is a member of an Indian tribe.
‘‘(11) INDIAN TRIBE.—The term ‘Indian tribe’ 
means any Federal or State Indian tribe, band, 
rancheria, pueblo, colony, or community, including 
any Alaska Native village or regional village corpora-
tion (as defined in or established under the Alaska 
Native Claims Settlement Act). 
‘‘(12) 
INDIVIDUALIZED
EDUCATION
PRO-
GRAM.—The term ‘individualized education program’ 
or ‘IEP’ means a written statement for each child 
with a disability that is developed, reviewed, and re-
vised in accordance with section 614(d). 
‘‘(13) 
INDIVIDUALIZED
FAMILY
SERVICE 
PLAN.—The term ‘individualized family service plan’ 
has the meaning given such term in section 636. 
‘‘(14) INFANT
OR
TODDLER
WITH
A
DIS-
ABILITY.—The term ‘infant or toddler with a dis-
ability ’ has the meaning given such term in section 
632. 
‘‘(15) INSTITUTION OF HIGHER EDUCATION.—
The term ‘institution of higher education’—
‘‘(A) has the meaning given that term in 
section 101(a) of the Higher Education Act of 
1965; and 
‘‘(B) also includes any community college 
receiving funding from the Secretary of the In-
terior under the Tribally Controlled Community 
College Assistance Act of 1978. 
‘‘(16) LOCAL EDUCATIONAL AGENCY.—
‘‘(A) The term ‘local educational agency’ 
means a public board of education or other pub-
lic authority legally constituted within a State 
for either administrative control or direction of, 
or to perform a service function for, public ele-
mentary or secondary schools in a city, county, 
township, school district, or other political sub-
division of a State, or for such combination of 
school districts or counties as are recognized in 
a State as an administrative agency for its pub-
lic elementary or secondary schools. 
‘‘(B) The term includes—
‘‘(i) an educational service agency, as 
defined in paragraph (4); and 
‘‘(ii) any other public institution or 
agency having administrative control and 
direction of a public elementary or sec-
ondary school. 
‘‘(C) The term includes an elementary or 
secondary school funded by the Bureau of In-
dian Affairs, but only to the extent that such 
inclusion makes the school eligible for programs
for which specific eligibility is not provided to 
the school in another provision of law and the 
school does not have a student population that 
is smaller than the student population of the 
local educational agency receiving assistance 
under this Act with the smallest student popu-
lation, except that the school shall not be sub-
ject to the jurisdiction of any State educational 
agency other than the Bureau of Indian Affairs. 
‘‘(17) NATIVE
LANGUAGE.—The term ‘native 
language’, when used with reference to an individual 
of limited English proficiency, means the language 
normally used by the individual, or in the case of a 
child, the language normally used by the parents of 
the child. 
‘‘(18) NONPROFIT.—The term ‘nonprofit’, as 
applied to a school, agency, organization, or institu-
tion, means a school, agency, organization, or insti-
tution owned and operated by one or more nonprofit 
corporations or associations no part of the net earn-
ings of which inures, or may lawfully inure, to the 
benefit of any private shareholder or individual. 
‘‘(19) OUTLYING
AREA.—The term ‘outlying 
area’ means the United States Virgin Islands,
‘‘(30) SUPPLEMENTARY AIDS AND SERVICES.—
The term ‘supplementary aids and services’ means 
aids, services, and other supports that are provided 
in regular education classes or other education-re-
lated settings to enable children with disabilities to 
be educated with nondisabled children to the max-
imum extent appropriate in accordance with section 
612(a)(5). 
‘‘(31) TRANSITION SERVICES.—The term ‘tran-
sition services’ means a coordinated set of activities 
for a child with a disability that—
‘‘(A) is designed within a results-oriented 
process, that is focused on improving the aca-
demic and developmental achievement of the 
child with a disability to facilitate the child’s 
move from school to post-school activities, in-
cluding post-secondary education, vocational 
training, integrated employment (including sup-
ported employment), continuing and adult edu-
cation, adult services, independent living, or 
community participation; 
‘‘(B) is based upon the individual child’s 
needs, taking into account the child’s skills, 
preferences, and interests; and
‘‘(C) includes instruction, related services, 
community experiences, the development of em-
ployment and other post-school adult living ob-
jectives, and, when appropriate, acquisition of 
daily living skills and functional vocational eval-
uation. 
‘‘SEC. 603. OFFICE OF SPECIAL EDUCATION PROGRAMS. 
‘‘(a) ESTABLISHMENT.—There shall be, within the 
Office of Special Education and Rehabilitative Services in 
the Department of Education, an Office of Special Edu-
cation Programs, which shall be the principal agency in 
such Department for administering and carrying out this 
Act and other programs and activities concerning the edu-
cation of children with disabilities. 
‘‘(b) DIRECTOR.—The Office established under sub-
section (a) shall be headed by a Director who shall be se-
lected by the Secretary and shall report directly to the As-
sistant Secretary for Special Education and Rehabilitative 
Services. 
‘‘(c) VOLUNTARY
AND
UNCOMPENSATED
SERV-
ICES.—Notwithstanding section 1342 of title 31, United 
States Code, the Secretary is authorized to accept vol-
untary and uncompensated services in furtherance of the 
purposes of this Act.’’.
SEC. 102. SECTIONS 605 THROUGH 607 OF THE INDIVIDUALS 
WITH DISABILITIES EDUCATION ACT. 
Sections 605 through 607 of the Individuals with 
Disabilities Education Act (20 U.S.C. 1404–1406) are 
amended to read as follows: 
‘‘SEC. 605. ACQUISITION OF EQUIPMENT; CONSTRUCTION 
OR ALTERATION OF FACILITIES. 
‘‘(a) IN GENERAL.—If the Secretary determines that 
a program authorized under this Act would be improved 
by permitting program funds to be used to acquire appro-
priate equipment, or to construct new facilities or alter 
existing facilities, the Secretary is authorized to allow the 
use of those funds for those purposes. 
‘‘(b) COMPLIANCE WITH CERTAIN REGULATIONS.—
Any construction of new facilities or alteration of existing 
facilities under subsection (a) shall comply with the re-
quirements of—
‘‘(1) appendix A of part 36 of title 28, Code of 
Federal Regulations (commonly known as the 
‘Americans with Disabilities Accessibility Guidelines 
for Buildings and Facilities’); or 
‘‘(2) appendix A of part 101-19.6 of title 41, 
Code of Federal Regulations (commonly known as 
the ‘Uniform Federal Accessibility Standards’).
‘‘SEC. 606. EMPLOYMENT OF INDIVIDUALS WITH DISABIL-
ITIES. 
‘‘The Secretary shall ensure that each recipient of as-
sistance under this Act makes positive efforts to employ 
and advance in employment qualified individuals with dis-
abilities in programs assisted under this Act. 
‘‘SEC. 607. REQUIREMENTS FOR PRESCRIBING REGULA-
TIONS. 
‘‘(a) IN GENERAL.—The Secretary may issue such 
regulations as are reasonably necessary to ensure that 
there is compliance with this Act. 
‘‘(b) PROTECTIONS PROVIDED TO CHILDREN.—The 
Secretary may not implement, or publish in final form, 
any regulation prescribed pursuant to this Act that 
would—
‘‘(1) violate or contradict any provision of this 
Act; and 
‘‘(2) procedurally or substantively lessen the 
protections provided to children with disabilities 
under this Act, as embodied in regulations in effect 
on July 20, 1983 (particularly as such protections 
relate to parental consent to initial evaluation or ini-
tial placement in special education, least restrictive 
environment, related services, timelines, attendance 
of evaluation personnel at individualized education 
program meetings, or qualifications of personnel),
except to the extent that such regulation reflects the 
clear and unequivocal intent of the Congress in legis-
lation. 
‘‘(c) PUBLIC COMMENT PERIOD.—The Secretary 
shall provide a public comment period of at least 30 days 
on any regulation proposed under part B or part C of this 
Act on which an opportunity for public comment is other-
wise required by law. 
‘‘(d) POLICY LETTERS AND STATEMENTS.—The Sec-
retary may not issue policy letters or other statements (in-
cluding on issues of national significance) that—
‘‘(1) would violate or contradict any provision of 
this Act; or 
‘‘(2) establish a rule that is required for compli-
ance with, and eligibility under, this Act without fol-
lowing the requirements of section 553 of title 5, 
United States Code. 
‘‘(e) CORRESPONDENCE
FROM
DEPARTMENT
OF 
EDUCATION DESCRIBING INTERPRETATIONS
OF THIS 
PART.—
‘‘(1) IN GENERAL.—The Secretary shall, on a 
quarterly basis, publish in the Federal Register, and 
widely disseminate to interested entities through var-
ious additional forms of communication, a list of 
correspondence from the Department of Education
received by individuals during the previous quarter 
that describes the interpretations of the Department 
of Education of this Act or the regulations imple-
mented pursuant to this Act. 
‘‘(2) ADDITIONAL
INFORMATION.—For each 
item of correspondence published in a list under 
paragraph (1), the Secretary shall—
‘‘(A) identify the topic addressed by the 
correspondence and shall include such other 
summary information as the Secretary deter-
mines to be appropriate; and 
‘‘(B) ensure that all such correspondence 
is issued, where applicable, in compliance with 
section 553 of title 5, United States Code. 
‘‘(f) EXPLANATION AND ASSURANCES.—Any written 
response by the Secretary under subsection (e) regarding 
a policy, question, or interpretation under this Act shall 
include an explanation in the written response that the 
response—
‘‘(1) is provided as informal guidance and is not 
legally binding; 
‘‘(2) is issued, when required, in compliance 
with the requirements of section 553 of title 5, 
United States Code; and
‘‘(3) represents only the interpretation by the 
Department of Education of the applicable statutory 
or regulatory requirements in the context of the spe-
cific facts presented in the original question and is 
not persuasive or binding as to any other set of 
facts.’’. 
SEC. 103. SECTIONS 608 AND 609 OF THE INDIVIDUALS WITH 
DISABILITIES EDUCATION ACT. 
Part A of the Individuals with Disabilities Education 
Act (20 U.S.C. 1400 et seq.) is amended by adding at 
the end the following:
‘‘SEC. 608. STATE ADMINISTRATION. 
‘‘(a) RULEMAKING.—Each State that receives funds 
under this Act shall—
‘‘(1) ensure that any State rules, regulations, 
and policies relating to this Act conform to the pur-
poses of this Act; 
‘‘(2) minimize the number of rules, regulations, 
and policies to which the State’s local educational 
agencies and schools are subject relating to this Act; 
and 
‘‘(3) identify in writing to its local educational 
agencies and the Secretary any such rule, regulation, 
or policy as a State-imposed requirement that is not 
required by this Act and Federal regulations.
‘‘(b) SUPPORT AND FACILITATION.—All State rules, 
regulations, and policies relating to this Act shall support 
and facilitate local educational agency and school-level sys-
temic reform designed to enable children with disabilities 
to meet the challenging State student academic achieve-
ment standards. 
‘‘SEC. 609. GAO REVIEW; REPORT. 
‘‘(a) REVIEW.—The Comptroller General shall con-
duct a review of all Federal requirements under this Act, 
and the requirements of a reasonable sample of State and 
local educational agencies relating to this Act, to deter-
mine which requirements result in excessive paperwork 
completion burdens for teachers, related services pro-
viders, and school administrators. 
‘‘(b) REPORT.—Not later than 2 years after the date 
of the enactment of the Improving Education Results for 
Children With Disabilities Act of 2003, the Comptroller 
General shall prepare and submit to Congress a report 
that contains the results of the review under subsection 
(a).’’.
TITLE II—ASSISTANCE FOR EDU-
CATION OF ALL CHILDREN 
WITH DISABILITIES 
SEC. 201. AUTHORIZATION; ALLOTMENT; USE OF FUNDS; 
AUTHORIZATION OF APPROPRIATIONS. 
Section 611 of the Individuals with Disabilities Edu-
cation Act (20 U.S.C. 1411) is amended to read as follows: 
‘‘SEC. 611. AUTHORIZATION; ALLOTMENT; USE OF FUNDS; 
AUTHORIZATION OF APPROPRIATIONS. 
‘‘(a) GRANTS TO STATES.—
‘‘(1) PURPOSE
OF
GRANTS.—The Secretary 
shall make grants to States and the outlying areas, 
and provide funds to the Secretary of the Interior, 
to assist them to provide special education and re-
lated services to children with disabilities in accord-
ance with this part.
‘‘(2) 
MAXIMUM
AMOUNTS.—The 
maximum 
amount of the grant a State may receive under this 
section for any fiscal year is—
‘‘(A) the number of children with disabil-
ities in the State who are receiving special edu-
cation and related services—
‘‘(i) aged 3 through 5 if the State is 
eligible for a grant under section 619; and 
‘‘(ii) aged 6 through 21; multiplied by
‘‘(B) 40 percent of the average per-pupil 
expenditure in public elementary and secondary 
schools in the United States. 
‘‘(3) LIMITATION.—Notwithstanding subpara-
graphs (A) and (B) of paragraph (2), the maximum 
amount of the grant a State may receive under this 
section for a fiscal year may not be based on the 
number of children ages 3 through 17, inclusive, in 
excess of 12 percent of the number of all children 
in that age range in the State. 
‘‘(b) OUTLYING AREAS.—
‘‘(1) FUNDS RESERVED.—From the amount ap-
propriated for any fiscal year under subsection (j), 
the Secretary shall reserve not more than one per-
cent, which shall be used to provide assistance to the 
outlying areas in accordance with their respective 
populations of individuals aged 3 through 21. 
‘‘(2) SPECIAL RULE.—The provisions of Public 
Law 95–134, permitting the consolidation of grants 
by the outlying areas, shall not apply to funds pro-
vided to those areas under this section. 
‘‘(c) SECRETARY
OF
THE INTERIOR.—From the 
amount appropriated for any fiscal year under subsection 
(j), the Secretary shall reserve 1.226 percent to provide
assistance to the Secretary of the Interior in accordance 
with subsection (i). 
‘‘(d) ALLOCATIONS TO STATES.—
‘‘(1) IN GENERAL.—After reserving funds for 
payments to the outlying areas and the Secretary of 
the Interior under subsections (b) and (c), the Sec-
retary shall allocate the remaining amount among 
the States in accordance with this subsection. 
‘‘(2) SPECIAL RULE FOR USE OF FISCAL YEAR 
1999 AMOUNT.—If a State does not make a free ap-
propriate public education available to all children 
with disabilities aged 3 through 5 in the State in 
any fiscal year, the Secretary shall compute the 
State’s amount for fiscal year 1999, solely for the 
purpose of calculating the State’s allocation in the 
subsequent year under paragraph (3) or (4), by sub-
tracting the amount allocated to the State for fiscal 
year 1999 on the basis of those children. 
‘‘(3) INCREASE
IN
FUNDS.—If the amount 
available for allocations to States under paragraph 
(1) is greater than the amount allocated to the 
States under this paragraph for the preceding fiscal 
year, those allocations shall be calculated as follows: 
‘‘(A)(i) Except as provided in subpara-
graph (B), the Secretary shall allocate—
‘‘(I) to each State the amount it re-
ceived for fiscal year 1999; 
‘‘(II) 85 percent of any remaining 
funds to States on the basis of their rel-
ative populations of children aged 3 
through 21 who are of the same age as 
children with disabilities for whom the 
State ensures the availability of a free ap-
propriate public education under this part; 
and 
‘‘(III) 15 percent of those remaining 
funds to States on the basis of their rel-
ative populations of children described in 
subclause (II) who are living in poverty. 
‘‘(ii) For the purpose of making grants 
under this paragraph, the Secretary shall use 
the most recent population data, including data 
on children living in poverty, that are available 
and satisfactory to the Secretary. 
‘‘(B) Notwithstanding subparagraph (A), allo-
cations 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 1999; and 
‘‘(bb) one third of one per-
cent of the amount by which the 
amount appropriated under sub-
section (j) exceeds the amount 
appropriated under this section 
for fiscal year 1999; 
‘‘(II) the sum of—
‘‘(aa) the amount it received 
for the preceding fiscal year; and 
‘‘(bb) that amount multi-
plied by the percentage by which 
the increase in the funds appro-
priated from the preceding fiscal 
year exceeds 1.5 percent; or 
‘‘(III) the sum of—
‘‘(aa) the amount it received 
for the preceding fiscal year; and 
‘‘(bb) that amount multi-
plied by 90 percent of the per-
centage increase in the amount
appropriated from the preceding 
fiscal year. 
‘‘(iii) Notwithstanding clause (ii), no 
State’s allocation under this paragraph 
shall exceed the sum of—
‘‘(I) the amount it received for 
the preceding fiscal year; and 
‘‘(II) that amount multiplied by 
the sum of 1.5 percent and the per-
centage 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 ratably reduced, subject to subparagraph 
(B)(i). 
‘‘(4) DECREASE
IN
FUNDS.—If the amount 
available for allocations to States under paragraph 
(1) is less than the amount allocated to the States 
under this section for the preceding fiscal year, those 
allocations shall be calculated as follows: 
‘‘(A) If the amount available for allocations 
is greater than the amount allocated to the 
States for fiscal year 1999, each State shall be 
allocated the sum of—
(i) the amount it received for fiscal 
year 1999; and 
(ii) an amount that bears the same re-
lation to any remaining funds as the in-
crease the State received for the preceding 
fiscal year over fiscal year 1999 bears to 
the total of all such increases for all 
States. 
‘‘(B)(i) If the amount available for alloca-
tions is equal to or less than the amount allo-
cated to the States for fiscal year 1999, each 
State shall be allocated the amount it received 
for fiscal year 1999. 
‘‘(ii) If the amount available is insufficient 
to make the allocations described in clause (i), 
those allocations shall be ratably reduced. 
‘‘(f) STATE-LEVEL ACTIVITIES.—
‘‘(1) STATE ADMINISTRATION.—
‘‘(A) IN
GENERAL.—For the purpose of 
administering this part, including section 619 
(and including the coordination of activities 
under this part with, and providing technical 
assistance to, other programs that provide serv-
ices to children with disabilities)—
‘‘(i) each State may retain not more 
than 2 percent of the amount the State re-
ceives under subsection (e) for each fiscal 
year or $550,000 (adjusted by the cumu-
lative rate of inflation since fiscal year 
2003, as measured by the percentage in-
crease, if any, in the Consumer Price 
Index For All Urban Consumers, published 
by the Bureau of Labor Statistics of the 
Department of Labor), whichever is great-
er; and 
‘‘(ii) each outlying area may use up to 
five percent of the amount it receives 
under subsection (b) for any fiscal year or 
$35,000, whichever is greater. 
‘‘(B) ADMINISTRATION
OF
PART
C.—
Funds described in subparagraph (A) may be 
used for the administration of part C of this 
Act, if the State educational agency is the lead 
agency for the State under that part. 
‘‘(C) MONITORING, ENFORCEMENT, AND 
COMPLAINT INVESTIGATION.—Funds described 
in subparagraph (A) shall be used for the costs 
of monitoring, enforcement, and complaint in-
vestigation.
‘‘(2) OTHER
STATE-LEVEL
ACTIVITIES.—For 
the purpose of providing State-level activities that 
benefit children with disabilities, each State may re-
tain up to 6 percent of the amount described in sub-
section (e) for any of the following: 
‘‘(A) Support and direct services, including 
technical assistance and personnel development 
and training. 
‘‘(B) To establish and implement the early 
dispute resolution, mediation, and voluntary 
binding arbitration processes required by sec-
tion 612(a)(18) and 615(e), including providing 
for the costs of mediators and arbitrators and 
support personnel. 
‘‘(C) To assist local educational agencies in 
meeting personnel shortages. 
‘‘(D) Activities at the State and local levels 
to meet the performance goals established by 
the State under section 612(a)(16) and to sup-
port implementation of the State Plan under 
subpart 1 of part D if the State receives funds 
under that subpart. 
‘‘(E) To support paperwork reduction ac-
tivities, including expanding the appropriate use
of technology in the IEP process under this 
part. 
‘‘(F) To develop and maintain a coordi-
nated, comprehensive, educational support sys-
tem for students in kindergarten through grade 
12 (with a particular emphasis on students in 
kindergarten through grade 3) who are not en-
rolled in special education but who need addi-
tional academic and behavioral support to suc-
ceed in a general education environment. 
‘‘(G) To support capacity building activi-
ties and improve the delivery of services by local 
educational agencies to improve results for chil-
dren with disabilities. 
‘‘(H) To provide technical assistance, or 
direct services, to local educational agencies 
identified as being in need of improvement 
under section 1116 of the Elementary and Sec-
ondary Education Act of 1965 as a result of 
the disaggregated subgroup of students with 
disabilities. 
‘‘(3) STATE COST-SHARING.—Each State may 
retain up to 4 percent of the amount described in 
subsection (e) to establish and implement cost or 
risk sharing funds, consortiums, or cooperatives to
assist local educational agencies in providing high 
cost special education and related services. 
‘‘(4) CONDITION.—A State may use funds it re-
tains under this section without regard to the prohi-
bition on—
‘‘(A) commingling of funds in section 
612(a)(18)(B); and 
‘‘(B) supplanting other funds in section 
612(a)(18)(C). 
‘‘(5) REPORT ON USE OF FUNDS.—As part of 
the information required to be submitted to the Sec-
retary under section 612, each State shall annually 
describe how amounts under this subsection—
‘‘(A) will be used to meet the requirements 
of this part; and 
‘‘(B) will be allocated among the activities 
described in this section to meet State priorities 
based on input from local educational agencies. 
‘‘(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 funds it does not retain 
under subsection (f) (at least 88 percent of the 
grant funds) to local educational agencies, including
public charter schools that operate as local edu-
cational agencies, in the State that have established 
their eligibility under section 613, for use in accord-
ance with this part. 
‘‘(2) PROCEDURE FOR ALLOCATIONS TO LOCAL 
EDUCATIONAL AGENCIES.—For each fiscal year for 
which funds are allocated to States under subsection 
(e), each State shall allocate funds under paragraph 
(1) 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 1999, if the 
State had distributed 75 percent of its grant for 
that year under section 611(d), as then in ef-
fect. 
‘‘(B) 
ALLOCATION
OF
REMAINING 
FUNDS.—After making allocations under sub-
paragraph (A), the State shall—
‘‘(i) allocate 85 percent of any re-
maining funds to those agencies on the 
basis of the relative numbers of children 
enrolled in public and private elementary 
and secondary schools within the agency’s 
jurisdiction; and
‘‘(ii) allocate 15 percent of those re-
maining funds to those agencies in accord-
ance with their relative numbers of chil-
dren living in poverty, as determined by 
the State educational agency. 
‘‘(3) REALLOCATION
OF
FUNDS.—If a State 
educational agency determines that a local edu-
cational agency is adequately providing a free appro-
priate public education to all children with disabil-
ities residing in the area served by that agency with 
State and local funds, the State educational agency 
may reallocate any portion of the funds under this 
part that are not needed by that local agency to pro-
vide a free appropriate public education to other 
local educational agencies in the State that are not 
adequately providing special education and related 
services to all children with disabilities residing in 
the areas they serve. 
‘‘(h) DEFINITIONS.—For the purpose of this sec-
tion—
‘‘(1) the term ‘average per-pupil expenditure in 
public elementary and secondary schools in the 
United States’ means—
‘‘(A) without regard to the source of 
funds—
‘‘(i) the aggregate current expendi-
tures, during the second fiscal year pre-
ceding the fiscal year for which the deter-
mination is made (or, if satisfactory data 
for that year are not available, during the 
most recent preceding fiscal year for which 
satisfactory data are available) of all local 
educational agencies in the 50 States and 
the District of Columbia); plus 
‘‘(ii) any direct expenditures by the 
State for the operation of those agencies; 
divided by 
‘‘(B) the aggregate number of children in 
average daily attendance to whom those agen-
cies provided free public education during that 
preceding year; and 
‘‘(2) the term ‘State’ means each of the 50 
States, the District of Columbia, and the Common-
wealth of Puerto Rico. 
‘‘(i) USE OF AMOUNTS BY SECRETARY OF THE INTE-
RIOR.—
‘‘(1) PROVISION
OF
AMOUNTS
FOR
ASSIST-
ANCE.—
‘‘(A) IN GENERAL.—The Secretary of Edu-
cation shall provide amounts to the Secretary of
the Interior to meet the need for assistance for 
the education of children with disabilities on 
reservations aged 5 to 21, inclusive, enrolled in 
elementary and secondary schools for Indian 
children operated or funded by the Secretary of 
the Interior. The amount of such payment for 
any fiscal year shall be equal to 80 percent of 
the amount allotted under subsection (c) for 
that fiscal year. 
‘‘(B) CALCULATION OF NUMBER OF CHIL-
DREN.—In the case of Indian students aged 3 
to 5, inclusive, who are enrolled in programs af-
filiated with the Bureau of Indian Affairs (here-
after in this subsection referred to as ‘BIA’) 
schools and that are required by the States in 
which such schools are located to attain or 
maintain State accreditation, and which schools 
have such accreditation prior to the date of en-
actment of the Individuals with Disabilities 
Education Act Amendments of 1991, the school 
shall be allowed to count those children for the 
purpose of distribution of the funds provided 
under this paragraph to the Secretary of the 
Interior. The Secretary of the Interior shall be 
responsible for meeting all of the requirements
of this part for these children, in accordance 
with paragraph (2). 
‘‘(C) ADDITIONAL
REQUIREMENT.—With 
respect to all other children aged 3 to 21, inclu-
sive, on reservations, the State educational 
agency shall be responsible for ensuring that all 
of the requirements of this part are imple-
mented. 
‘‘(2) SUBMISSION OF INFORMATION.—The Sec-
retary of Education may provide the Secretary of 
the Interior amounts under paragraph (1) for a fis-
cal year only if the Secretary of the Interior submits 
to the Secretary of Education information that—
‘‘(A) demonstrates that the Department of 
the Interior meets the appropriate require-
ments, as determined by the Secretary of Edu-
cation, of sections 612 (including monitoring 
and evaluation activities) and 613; 
‘‘(B) includes a description of how the Sec-
retary of the Interior will coordinate the provi-
sion of services under this part with local edu-
cational agencies, tribes and tribal organiza-
tions, and other private and Federal service 
providers;
therapeutic measures, and (where appropriate) 
equipment and medical or personal supplies as 
needed for a child to remain in school or a pro-
gram); and 
‘‘(F) includes an assurance that the De-
partment of the Interior will cooperate with the 
Department of Education in its exercise of 
monitoring, enforcement, and oversight of this 
application, and any agreements entered into 
between the Secretary of the Interior and other 
entities under this part, and will fulfill its du-
ties under this part. 
Section 616(a) shall apply to the information de-
scribed in this paragraph. 
‘‘(3) PAYMENTS FOR EDUCATION AND SERVICES 
FOR INDIAN CHILDREN WITH DISABILITIES AGED 3 
THROUGH 5.—
‘‘(A) IN
GENERAL.—With funds appro-
priated under subsection (j), the Secretary of 
Education shall make payments to the Sec-
retary of the Interior to be distributed to tribes 
or tribal organizations (as defined under section 
4 of the Indian Self-Determination and Edu-
cation Assistance Act) or consortia of the above 
to provide for the coordination of assistance for
special education and related services for chil-
dren with disabilities aged 3 through 5 on res-
ervations served by elementary and secondary 
schools for Indian children operated or funded 
by the Department of the Interior. The amount 
of such payments under subparagraph (B) for 
any fiscal year shall be equal to 20 percent of 
the amount allotted under subsection (c). 
‘‘(B) DISTRIBUTION OF FUNDS.—The Sec-
retary of the Interior shall distribute the total 
amount of the payment under subparagraph 
(A) by allocating to each tribe or tribal organi-
zation an amount based on the number of chil-
dren with disabilities ages 3 through 5 residing 
on reservations as reported annually, divided by 
the total of those children served by all tribes 
or tribal organizations. 
‘‘(C) SUBMISSION OF INFORMATION.—To 
receive a payment under this paragraph, the 
tribe or tribal organization shall submit such 
figures to the Secretary of the Interior as re-
quired to determine the amounts to be allocated 
under subparagraph (B). This information shall 
be compiled and submitted to the Secretary of 
Education.
‘‘(D) USE OF FUNDS.—The funds received 
by a tribe or tribal organization shall be used 
to assist in child find, screening, and other pro-
cedures for the early identification of children 
aged 3 through 5, parent training, and the pro-
vision of direct services. These activities may be 
carried out directly or through contracts or co-
operative agreements with the BIA, local edu-
cational agencies, and other public or private 
nonprofit organizations. The tribe or tribal or-
ganization is encouraged to involve Indian par-
ents in the development and implementation of 
these activities. The above entities shall, as ap-
propriate, make referrals to local, State, or 
Federal entities for the provision of services or 
further diagnosis. 
‘‘(E) ANNUAL REPORT.—To be eligible to 
receive a grant pursuant to subparagraph (A), 
the tribe or tribal organization shall provide to 
the Secretary of the Interior an annual report 
of activities undertaken under this paragraph, 
including the number of contracts and coopera-
tive agreements entered into, the number of 
children contacted and receiving services for 
each year, and the estimated number of chil-
dren needing services during the year following 
the one in which the report is made. The Sec-
retary of the Interior shall include a summary 
of this information on an annual basis in the 
report to the Secretary of Education required 
under this subsection. The Secretary of Edu-
cation may require any additional information 
from the Secretary of the Interior. 
‘‘(F) PROHIBITIONS.—None of the funds 
allocated under this paragraph may be used by 
the Secretary of the Interior for administrative 
purposes, including child count and the provi-
sion of technical assistance. 
‘‘(4) PLAN FOR COORDINATION OF SERVICES.—
The Secretary of the Interior shall develop and im-
plement a plan for the coordination of services for 
all Indian children with disabilities residing on res-
ervations covered under this Act. Such plan shall 
provide for the coordination of services benefiting 
these children from whatever source, including 
tribes, the Indian Health Service, other BIA divi-
sions, and other Federal agencies. In developing the 
plan, the Secretary of the Interior shall consult with 
all interested and involved parties. It shall be based 
on the needs of the children and the system best
suited for meeting those needs, and may involve the 
establishment of cooperative agreements between the 
BIA, other Federal agencies, and other entities. The 
plan shall also be distributed upon request to States, 
State and local educational agencies, and other 
agencies providing services to infants, toddlers, and 
children with disabilities, to tribes, and to other in-
terested parties. 
‘‘(5) ESTABLISHMENT OF ADVISORY BOARD.—
To meet the requirements of section 612(a)(22), the 
Secretary of the Interior shall establish, under the 
BIA, an advisory board composed of individuals in-
volved in or concerned with the education and provi-
sion of services to Indian infants, toddlers, children, 
and youth with disabilities, including Indians with 
disabilities, Indian parents or guardians of such chil-
dren, teachers, service providers, State and local 
educational officials, representatives of tribes or trib-
al organizations, representatives from State Inter-
agency Coordinating Councils under section 641 in 
States having reservations, and other members rep-
resenting the various divisions and entities of the 
BIA. The chairperson shall be selected by the Sec-
retary of the Interior. The advisory board shall—
‘‘(A) assist in the coordination of services 
within the BIA and with other local, State, and 
Federal agencies in the provision of education 
for infants, toddlers, and children with disabil-
ities; 
‘‘(B) advise and assist the Secretary of the 
Interior in the performance of the Secretary’s 
responsibilities described in this subsection; 
‘‘(C) develop and recommend policies con-
cerning effective inter- and intra-agency collabo-
ration, including modifications to regulations, 
and the elimination of barriers to inter- and 
intra-agency programs and activities; 
‘‘(D) provide assistance and disseminate 
information on best practices, effective program 
coordination strategies, and recommendations 
for improved educational programming for In-
dian infants, toddlers, and children with disabil-
ities; and 
‘‘(E) provide assistance in the preparation 
of 
information 
required 
under 
paragraph 
(2)(D). 
‘‘(6) ANNUAL REPORTS.—
‘‘(A) IN
GENERAL.—The advisory board 
established under paragraph (5) shall prepare
and submit to the Secretary of the Interior and 
to the Congress an annual report containing a 
description of the activities of the advisory 
board for the preceding year. 
‘‘(B) AVAILABILITY.—The Secretary of the 
Interior shall make available to the Secretary of 
Education the report described in subparagraph 
(A). 
‘‘(j) AUTHORIZATION OF APPROPRIATIONS.—For the 
purpose of carrying out this part, other than section 619, 
there are authorized to be appropriated—
‘‘(1) $10,301,184,000 for fiscal year 2004; 
‘‘(2) $11,957,361,000 for fiscal year 2005; 
‘‘(3) $13,879,812,000 for fiscal year 2006; 
‘‘(4) $16,111,345,000 for fiscal year 2007; 
‘‘(5) $18,701,654,000 for fiscal year 2008; 
‘‘(6) $21,708,421,000 for fiscal year 2009; 
‘‘(7) $25,198,603,000 for fiscal year 2010; and 
‘‘(8) such sums as may be necessary for fiscal 
year 2011 and each subsequent fiscal year.’’. 
SEC. 202. STATE ELIGIBILITY. 
(a) IN GENERAL.—(1) Section 612(a) of the Individ-
uals with Disabilities Education Act (20 U.S.C. 1412(a)) 
is amended in the matter preceding paragraph (1) by
striking ‘‘demonstrates to the satisfaction of’’ and insert-
ing ‘‘provides assurances to’’. 
(2) Paragraphs (1) through (11) of section 612(a) 
of the Individuals with Disabilities Education Act (20 
U.S.C. 1412(a)(1)–(11)) are amended to read as follows: 
‘‘(1) 
FREE
APPROPRIATE
PUBLIC
EDU-
CATION.—
‘‘(A) IN
GENERAL.—A free appropriate 
public education is available to all children with 
disabilities residing in the State between the 
ages of 3 and 21, inclusive, including children 
with disabilities who have been suspended or ex-
pelled from school. 
‘‘(B) 
LIMITATION.—The 
obligation 
to 
make a free appropriate public education avail-
able to all children with disabilities does not 
apply with respect to children—
‘‘(i) aged 3 through 5 and 18 through 
21 in a State to the extent that its applica-
tion to those children would be inconsistent 
with State law or practice, or the order of 
any court, respecting the provision of pub-
lic education to children in those age 
ranges; and
‘‘(ii) aged 18 through 21 to the extent 
that State law does not require that special 
education and related services under this 
part be provided to children with disabil-
ities who, in the educational placement 
prior to their incarceration in an adult cor-
rectional facility—
‘‘(I) were not actually identified 
as being a child with a disability 
under section 602(3) of this Act; or 
‘‘(II) did not have an individual-
ized education program under this 
part. 
‘‘(2) 
FULL
EDUCATIONAL
OPPORTUNITY 
GOAL.—The State has established a goal of pro-
viding full educational opportunity to all children 
with disabilities and a detailed timetable for accom-
plishing that goal. 
‘‘(3) CHILD FIND.—
‘‘(A) IN GENERAL.—All children with dis-
abilities residing in the State, including children 
with disabilities attending private schools, re-
gardless of the severity of their disabilities, and 
who are in need of special education and related 
services, are identified, located, and evaluated
and a practical method is developed and imple-
mented to determine which children with dis-
abilities are currently receiving needed special 
education and related services. 
‘‘(B) CONSTRUCTION.—Nothing in this 
Act requires that children be classified by their 
disability so long as each child who has a dis-
ability listed in section 602 and who, by reason 
of that disability, needs special education and 
related services is regarded as a child with a 
disability under this part. 
‘‘(4) INDIVIDUALIZED EDUCATION PROGRAM.—
An individualized education program, or an individ-
ualized family service plan that meets the require-
ments of section 636(d), is developed, reviewed, and 
revised for each child with a disability in accordance 
with section 614(d). 
‘‘(5) LEAST RESTRICTIVE ENVIRONMENT.—
‘‘(A) IN GENERAL.—To the maximum ex-
tent appropriate, children with disabilities, in-
cluding children in public or private institutions 
or other care facilities, are educated with chil-
dren who are not disabled, and special classes, 
separate schooling, or other removal of children 
with disabilities from the regular educational
environment occurs only when the nature or se-
verity of the disability of a child is such that 
education in regular classes with the use of sup-
plementary aids and services cannot be achieved 
satisfactorily. 
‘‘(B) ADDITIONAL REQUIREMENT.—
‘‘(i) IN GENERAL.—If the State uses a 
funding mechanism by which the State dis-
tributes State funds on the basis of the 
type of setting in which a child is served, 
the funding mechanism does not result in 
placements that violate the requirements of 
subparagraph (A). 
‘‘(ii) ASSURANCE.—If the State does 
not have policies and procedures to ensure 
compliance with clause (i), the State shall 
provide the Secretary an assurance that it 
will revise the funding mechanism as soon 
as feasible to ensure that such mechanism 
does not result in such placements. 
‘‘(6) PROCEDURAL SAFEGUARDS.—
‘‘(A) IN GENERAL.—Children with disabil-
ities and their parents are afforded the proce-
dural safeguards required by section 615.
‘‘(B) ADDITIONAL
PROCEDURAL
SAFE-
GUARDS.—Procedures to ensure that testing 
and evaluation materials and procedures uti-
lized for the purposes of evaluation and place-
ment of children with disabilities for services 
under this Act will be selected and administered 
so as not to be racially or culturally discrimina-
tory. Such materials or procedures shall be pro-
vided and administered in the child’s native lan-
guage or mode of communication, unless it 
clearly is not feasible to do so, and no single 
procedure shall be the sole criterion for deter-
mining an appropriate educational program for 
a child. 
‘‘(7) EVALUATION.—Children with disabilities 
are evaluated in accordance with subsections (a) 
through (c) of section 614. 
‘‘(8) CONFIDENTIALITY.—Agencies in the State 
comply with section 617(c) (relating to the confiden-
tiality of records and information). 
‘‘(9) TRANSITION FROM PART C TO PRESCHOOL 
PROGRAMS.—Children participating in early-inter-
vention programs assisted under part C, and who 
will participate in preschool programs assisted under 
this part, experience a smooth and effective transi-
tion to those preschool programs in a manner con-
sistent with section 637(a)(8). By the third birthday 
of such a child, an individualized education program 
or, if consistent with section 636(d), an individual-
ized family service plan, has been developed and is 
being implemented for the child. The local edu-
cational agency will participate in transition plan-
ning conferences arranged by the designated lead 
agency under section 637(a)(8). 
‘‘(10) CHILDREN IN PRIVATE SCHOOLS.—
‘‘(A) CHILDREN
ENROLLED
IN
PRIVATE 
SCHOOLS BY THEIR PARENTS.—
‘‘(i) IN GENERAL.—To the extent con-
sistent with the number and location of 
children with disabilities in the State who 
are enrolled by their parents in private ele-
mentary and secondary schools, provision 
is made for the participation of those chil-
dren in the program assisted or carried out 
under this part by providing for such chil-
dren special education and related services 
in accordance with the following require-
ments, unless the Secretary has arranged 
for services to those children under sub-
section (f):
‘‘(I) Amounts expended for the 
provision of those services by a local 
educational agency shall be equal to a 
proportionate 
amount 
of 
Federal 
funds made available under this part. 
‘‘(II) In calculating the propor-
tionate share of Federal funds, the 
local educational agency, after timely 
and meaningful consultation with rep-
resentatives of children enrolled in 
private schools, conducts the child 
find process to determine the number 
of children with disabilities attending 
private schools located in the district. 
‘‘(III) Such services may be pro-
vided to children with disabilities on 
the premises of private, including pa-
rochial, schools, to the extent con-
sistent with law. 
‘‘(IV) Each local educational 
agency maintains in its records and 
provides to the State educational 
agency the number of children evalu-
ated under this paragraph and the
number of children determined to be 
children with disabilities. 
‘‘(ii) CHILD-FIND
REQUIREMENT.—
The requirements of paragraph (3) of this 
subsection (relating to child find) shall 
apply with respect to children with disabil-
ities in the State who are enrolled in pri-
vate, including parochial, elementary and 
secondary schools. Such child find process 
shall be completed in a time period com-
parable to that for other students attend-
ing public schools in the local educational 
agency. 
‘‘(B) CHILDREN PLACED IN, OR REFERRED 
TO, PRIVATE SCHOOLS BY PUBLIC AGENCIES.—
‘‘(i) IN GENERAL.—Children with dis-
abilities in private schools and facilities are 
provided special education and related 
services, in accordance with an individual-
ized education program, at no cost to their 
parents, if such children are placed in, or 
referred to, such schools or facilities by the 
State or appropriate local educational 
agency as the means of carrying out the 
requirements of this part or any other ap-
plicable law requiring the provision of spe-
cial education and related services to all 
children with disabilities within such State. 
‘‘(ii) STANDARDS.—In all cases de-
scribed in clause (i), the State educational 
agency shall determine whether such 
schools and facilities meet standards that 
apply to State and local educational agen-
cies and that children so served have all 
the rights they would have if served by 
such agencies. 
‘‘(C) PAYMENT FOR EDUCATION OF CHIL-
DREN ENROLLED IN PRIVATE SCHOOLS WITH-
OUT CONSENT OF OR REFERRAL BY THE PUB-
LIC AGENCY.—
‘‘(i) IN
GENERAL.—Subject to sub-
paragraph (A), this part does not require 
a local educational agency to pay for the 
cost of education, including special edu-
cation and related services, of a child with 
a disability at a private school or facility if 
that agency made a free appropriate public 
education available to the child and the 
parents elected to place the child in such 
private school or facility.
‘‘(ii) REIMBURSEMENT FOR PRIVATE 
SCHOOL PLACEMENT.—If the parents of a 
child with a disability, who previously re-
ceived special education and related serv-
ices under the authority of a public agency, 
enroll the child in a private elementary or 
secondary school without the consent of or 
referral by the public agency, a court or a 
hearing officer may require the agency to 
reimburse the parents for the cost of that 
enrollment if the court or hearing officer 
finds that the agency had not made a free 
appropriate public education available to 
the child in a timely manner prior to that 
enrollment. 
‘‘(iii) LIMITATION
ON
REIMBURSE-
MENT.—The cost of reimbursement de-
scribed in clause (ii) may be reduced or de-
nied—
‘‘(I) if—
‘‘(aa) at the most recent 
IEP meeting that the parents at-
tended prior to removal of the 
child from the public school, the 
parents did not inform the IEP
Team that they were rejecting 
the placement proposed by the 
public agency to provide a free 
appropriate public education to 
their child, including stating their 
concerns and their intent to en-
roll their child in a private school 
at public expense; or 
‘‘(bb) 10 business days (in-
cluding any holidays that occur 
on a business day) prior to the 
removal of the child from the 
public school, the parents did not 
give written notice to the public 
agency of the information de-
scribed in division (aa); 
‘‘(II) if, prior to the parents’ re-
moval of the child from the public 
school, the public agency informed the 
parents, through the notice require-
ments described in section 615(b)(7), 
of its intent to evaluate the child (in-
cluding a statement of the purpose of 
the evaluation that was appropriate 
and reasonable), but the parents did
not make the child available for such 
evaluation; or 
‘‘(III) upon a judicial finding of 
unreasonableness with respect to ac-
tions taken by the parents. 
‘‘(iv) 
EXCEPTION.—Notwithstanding 
the notice requirement in clause (iii)(I), 
the cost of reimbursement—
‘‘(I) shall not be reduced or de-
nied for failure to provide such notice 
if—
‘‘(aa) the school prevented 
the parent from providing such 
notice; or 
‘‘(bb) the parents had not 
received notice, pursuant to sec-
tion 615, of the notice require-
ment in clause (iii)(I); and 
‘‘(II) may, in the discretion of a 
court or a hearing officer, not be re-
duced or denied for failure to provide 
such notice if the parent is illiterate 
or cannot write in English. 
‘‘(11) STATE EDUCATIONAL AGENCY RESPON-
SIBLE FOR GENERAL SUPERVISION.—
‘‘(A) IN GENERAL.—The State educational 
agency is responsible for ensuring that—
‘‘(i) the requirements of this part are 
met; and 
‘‘(ii) all educational programs for chil-
dren with disabilities in the State, includ-
ing all such programs administered by any 
other State or local agency—
‘‘(I) are under the general super-
vision of individuals in the State who 
are responsible for educational pro-
grams for children with disabilities; 
and 
‘‘(II) meet the educational stand-
ards of the State educational agency. 
‘‘(B) 
LIMITATION.—Subparagraph 
(A) 
shall not limit the responsibility of agencies in 
the State other than the State educational 
agency to provide, or pay for some or all of the 
costs of, a free appropriate public education for 
any child with a disability in the State. 
‘‘(C) EXCEPTION.—Notwithstanding sub-
paragraphs (A) and (B), the Governor (or an-
other individual pursuant to State law), con-
sistent with State law, may assign to any public
agency in the State the responsibility of ensur-
ing that the requirements of this part are met 
with respect to children with disabilities who 
are convicted as adults under State law and in-
carcerated in adult prisons.’’. 
(3) Paragraphs (13) through (22) of section 612(a) 
of the Individuals with Disabilities Education Act (20 
U.S.C. 1412(a)(13)–(22)) are amended to read as follows: 
‘‘(13) PROCEDURAL REQUIREMENTS RELATING 
TO
LOCAL
EDUCATIONAL
AGENCY
ELIGIBILITY.—
The State educational agency will not make a final 
determination that a local educational agency is not 
eligible for assistance under this part without first 
affording that agency reasonable notice and an op-
portunity for a hearing. 
‘‘(14) PERSONNEL STANDARDS.—
‘‘(A) IN GENERAL.—The State educational 
agency has established and maintains standards 
to ensure that personnel necessary to carry out 
this part are appropriately and adequately pre-
pared and trained. 
‘‘(B) 
STANDARDS
DESCRIBED.—Such 
standards shall—
‘‘(i) ensure that special education 
teachers who teach in core academic sub-
jects are highly qualified in those subjects; 
‘‘(ii) be consistent with any State-ap-
proved or State-recognized certification, li-
censing, registration, or other comparable 
requirements that apply to the professional 
discipline in which those personnel are pro-
viding special education or related services; 
and 
‘‘(iii) allow paraprofessionals and as-
sistants who are appropriately trained and 
supervised, in accordance with State law, 
regulations, or written policy, in meeting 
the requirements of this part to be used to 
assist in the provision of special education 
and related services to children with dis-
abilities under this part. 
‘‘(15) PERFORMANCE
GOALS
AND
INDICA-
TORS.—The State—
‘‘(A) has established goals for the perform-
ance of children with disabilities in the State 
that—
‘‘(i) promote the purposes of this Act, 
as stated in section 601(d);
‘‘(ii) are the same as the State’s defi-
nition of adequate yearly progress, includ-
ing the State’s objectives for progress by 
children with disabilities, under section 
1111(b)(2)(C) of the Elementary and Sec-
ondary Education Act of 1965; 
‘‘(iii) address dropout rates, as well as 
such other factors as the State may deter-
mine; and 
‘‘(iv) are consistent, to the extent ap-
propriate, with any other goals and stand-
ards for children established by the State; 
‘‘(B) has established performance indica-
tors the State will use to assess progress toward 
achieving those goals described in subparagraph 
(A), including measurable annual objectives for 
progress by children with disabilities under sec-
tion 1111(b)(2)(C) of the Elementary and Sec-
ondary Education Act of 1965; and 
‘‘(C) will annually report to the Secretary 
and the public on the progress of the State, and 
of children with disabilities in the State, toward 
meeting the goals established under subpara-
graph (A). 
‘‘(16) PARTICIPATION IN ASSESSMENTS.—
‘‘(A) IN GENERAL.—(i) All children with 
disabilities are included in all general State and 
district-wide assessment programs, including 
assessments described under title I of the Ele-
mentary and Secondary Education Act of 1965, 
with reasonable and appropriate accommoda-
tions, where necessary and as indicated in their 
respective individualized education programs. 
‘‘(ii) The State (or, in the case of a dis-
trict-wide assessment, the local educational 
agency) has developed and implemented guide-
lines for the provision of accommodations de-
scribed in clause (i). 
‘‘(iii) The State (or, in the case of a dis-
trict-wide assessment the local educational 
agency)—
‘‘(I) has developed guidelines for the 
participation of children with disabilities in 
alternate assessments for those children 
who cannot participate in regular assess-
ments under clause (i); and 
‘‘(II) conducts those alternate assess-
ments. 
‘‘(B) REPORTS.—The State educational 
agency (or, in the case of a district-wide assess-
ment, the local educational agency) makes 
available to the public, and reports to the public 
with the same frequency and in the same detail 
as it reports on the assessment of nondisabled 
children, the following: 
‘‘(i) The number of children with dis-
abilities participating in regular assess-
ments, and the number of those children 
who were provided accommodations in 
order to participate in those assessments. 
‘‘(ii) The number of children with dis-
abilities participating in alternate assess-
ments. 
‘‘(iii) The performance of children 
with disabilities on regular assessments 
and on alternate assessments (if the num-
ber of children with disabilities partici-
pating in those assessments is sufficient to 
yield statistically reliable information and 
reporting that information would not re-
veal personally identifiable information 
about an individual student), compared 
with the achievement of all children, in-
cluding children with disabilities, on those 
assessments.
‘‘(17) 
EARLY
DISPUTE
RESOLUTION.—The 
State has in effect early dispute resolution processes 
that are available to parents and local educational 
agencies in the State, which may include IEP 
facilitators and training of school personnel in con-
flict resolution and parental communication skills, 
and which shall include mediation and voluntary 
binding arbitration pursuant to section 615(e). 
‘‘(18) SUPPLEMENTATION
OF
STATE, LOCAL, 
AND OTHER FEDERAL FUNDS.—
‘‘(A) EXPENDITURES.—Funds paid to a 
State under this part will be expended in ac-
cordance with all the provisions of this part. 
‘‘(B) 
PROHIBITION
AGAINST
COMMIN-
GLING.—Funds paid to a State under this part 
will not be commingled with State funds. 
‘‘(C) PROHIBITION
AGAINST
SUPPLAN-
TATION AND CONDITIONS FOR WAIVER BY SEC-
RETARY.—Except as provided in section 613, 
funds paid to a State under this part will be 
used to supplement the level of Federal, State, 
and local funds (including funds that are not 
under the direct control of State or local edu-
cational agencies) expended for special edu-
cation and related services provided to children
with disabilities under this part and in no case 
to supplant such Federal, State, and local 
funds, except that, where the State provides 
clear and convincing evidence that all children 
with disabilities have available to them a free 
appropriate public education, the Secretary may 
waive, in whole or in part, the requirements of 
this subparagraph if the Secretary concurs with 
the evidence provided by the State. 
‘‘(19) MAINTENANCE
OF
STATE
FINANCIAL 
SUPPORT.—
‘‘(A) IN GENERAL.—The State does not re-
duce the amount of State financial support for 
special education and related services for chil-
dren with disabilities, or otherwise made avail-
able because of the excess costs of educating 
those children, below the amount of that sup-
port for the preceding fiscal year. 
‘‘(B) REDUCTION OF FUNDS FOR FAILURE 
TO
MAINTAIN
SUPPORT.—The Secretary shall 
reduce the allocation of funds under section 611 
for any fiscal year following the fiscal year in 
which the State fails to comply with the re-
quirement of subparagraph (A) by the same
amount by which the State fails to meet the re-
quirement. 
‘‘(C) WAIVERS FOR EXCEPTIONAL OR UN-
CONTROLLABLE
CIRCUMSTANCES.—The Sec-
retary may waive the requirement of subpara-
graph (A) for a State, for one fiscal year at a 
time, if the Secretary determines that—
‘‘(i) granting a waiver would be equi-
table due to exceptional or uncontrollable 
circumstances such as a natural disaster or 
a precipitous and unforeseen decline in the 
financial resources of the State; or 
‘‘(ii) the State meets the standard in 
paragraph (18)(C) of this section for a 
waiver of the requirement to supplement, 
and not to supplant, funds received under 
this part. 
‘‘(D) SUBSEQUENT
YEARS.—If, for any 
year, a State fails to meet the requirement of 
subparagraph (A), including any year for which 
the State is granted a waiver under subpara-
graph (C), the financial support required of the 
State in future years under subparagraph (A) 
shall be the amount that would have been re-
quired in the absence of that failure and not 
the reduced level of the State’s support. 
‘‘(20) PUBLIC
PARTICIPATION.—Prior to the 
adoption of any policies and procedures needed to 
comply with this section (including any amendments 
to such policies and procedures), the State ensures 
that there are public hearings, adequate notice of 
the hearings, and an opportunity for comment avail-
able to the general public, including individuals with 
disabilities and parents of children with disabilities. 
‘‘(21) STATE ADVISORY PANEL.—
‘‘(A) IN GENERAL.—The State has estab-
lished and maintains an advisory panel for the 
purpose of providing policy guidance with re-
spect to special education and related services 
for children with disabilities in the State. 
‘‘(B) MEMBERSHIP.—Such advisory panel 
shall consist of members appointed by the Gov-
ernor, or any other official authorized under 
State law to make such appointments, that is 
representative of the State population and that 
is composed of individuals involved in, or con-
cerned with, the education of children with dis-
abilities, including—
‘‘(i) parents of children with disabil-
ities (ages birth through 21); 
‘‘(ii) individuals with disabilities; 
‘‘(iii) teachers; 
‘‘(iv) representatives of institutions of 
higher education that prepare special edu-
cation and related services personnel; 
‘‘(v) State and local education offi-
cials; 
‘‘(vi) administrators of programs for 
children with disabilities; 
‘‘(vii) representatives of other State 
agencies involved in the financing or deliv-
ery of related services to children with dis-
abilities; 
‘‘(viii) 
representatives 
of 
private 
schools and public charter schools; 
‘‘(ix) at least one representative of a 
vocational, community, or business organi-
zation concerned with the provision of 
transition services to children with disabil-
ities; and 
‘‘(x) representatives from the State 
juvenile and adult corrections agencies.
‘‘(C) SPECIAL RULE.—A majority of the 
members of the panel shall be individuals with 
disabilities or parents of children with disabil-
ities ages birth through 21. 
‘‘(D) DUTIES.—The advisory panel shall—
‘‘(i) advise the State educational agen-
cy of unmet needs within the State in the 
education of children with disabilities; 
‘‘(ii) comment publicly on any rules or 
regulations proposed by the State regard-
ing the education of children with disabil-
ities; 
‘‘(iii) advise the State educational 
agency in developing evaluations and re-
porting on data to the Secretary under sec-
tion 618; 
‘‘(iv) advise the State educational 
agency in developing corrective action 
plans to address findings identified in Fed-
eral monitoring reports under this part; 
and 
‘‘(v) advise the State educational 
agency in developing and implementing 
policies relating to the coordination of serv-
ices for children with disabilities.
‘‘(22) SUSPENSION AND EXPULSION RATES.—
‘‘(A) IN GENERAL.—The State educational 
agency examines data to determine if signifi-
cant discrepancies are occurring in the rate of 
long-term suspensions and expulsions of chil-
dren with disabilities—
‘‘(i) among local educational agencies 
in the State; or 
‘‘(ii) compared to such rates for non-
disabled children within such agencies. 
‘‘(B) REVIEW
AND
REVISION
OF
POLI-
CIES.—If such discrepancies are occurring, the 
State educational agency reviews and, if appro-
priate, revises (or requires the affected State or 
local educational agency to revise) its policies, 
procedures, and practices relating to the devel-
opment and implementation of IEPs, the use of 
positive behavioral interventions and supports, 
and procedural safeguards, to ensure that such 
policies, procedures, and practices comply with 
this Act.’’. 
(b) STATE EDUCATIONAL AGENCY AS PROVIDER OF 
FREE APPROPRIATE PUBLIC EDUCATION
OR DIRECT 
SERVICES.—Section 612(b) of the Individuals with Dis-
abilities Education Act (20 U.S.C. 1412(b)) is amended 
to read as follows: 
‘‘(b) STATE EDUCATIONAL AGENCY AS PROVIDER OF 
FREE APPROPRIATE PUBLIC EDUCATION
OR DIRECT 
SERVICES.—If the State educational agency provides free 
appropriate public education to children with disabilities, 
or provides direct services to such children, such agency—
‘‘(1) shall comply with any additional require-
ments of section 613(a), as if such agency were a 
local educational agency; and 
‘‘(2) may use amounts that are otherwise avail-
able to such agency under this part to serve those 
children without regard to section 613(a)(2)(A)(i) 
(relating to excess costs).’’. 
(c) EXCEPTION FOR PRIOR STATE PLANS.—Section 
612(c) of the Individuals with Disabilities Education Act 
(20 U.S.C. 1412(c)) is amended to read as follows: 
‘‘(c) EXCEPTION FOR PRIOR STATE PLANS.—
‘‘(1) IN GENERAL.—If a State has on file with 
the Secretary policies and procedures that dem-
onstrate that such State meets any requirement of 
subsection (a), including any policies and procedures 
filed under this part as in effect before the effective 
date of the Improving Education Results for Chil-
dren With Disabilities Act of 2003, the Secretary
shall consider such State to have met such require-
ment for purposes of receiving a grant under this 
part. 
‘‘(2) MODIFICATIONS MADE BY STATE.—Sub-
ject to paragraph (3), an application submitted by a 
State in accordance with this section shall remain in 
effect until the State submits to the Secretary such 
modifications as the State deems necessary. This 
section shall apply to a modification to an applica-
tion to the same extent and in the same manner as 
this section applies to the original plan. 
‘‘(3) MODIFICATIONS REQUIRED BY THE SEC-
RETARY.—If, after the effective date of the Improv-
ing Education Results for Children With Disabilities 
Act of 2003, the provisions of this Act are amended 
(or the regulations developed to carry out this Act 
are amended), or there is a new interpretation of 
this Act by a Federal court or a State’s highest 
court, or there is an official finding of noncompli-
ance with Federal law or regulations, the Secretary 
may require a State to modify its application only to 
the extent necessary to ensure the State’s compli-
ance with this part.’’.
(d) APPROVAL BY THE SECRETARY.—Section 612(d) 
of the Individuals with Disabilities Education Act (20 
U.S.C. 1412(d)) is amended to read as follows: 
‘‘(d) APPROVAL BY THE SECRETARY.—
‘‘(1) IN GENERAL.—If the Secretary determines 
that a State is eligible to receive a grant under this 
part, the Secretary shall notify the State of that de-
termination. 
‘‘(2) NOTICE
AND
HEARING.—The Secretary 
shall not make a final determination that a State is 
not eligible to receive a grant under this part until 
after providing the State—
‘‘(A) with reasonable notice; and 
‘‘(B) with an opportunity for a hearing.’’. 
(e) ASSISTANCE UNDER OTHER FEDERAL PRO-
GRAMS.—Section 612(e) of the Individuals with Disabil-
ities Education Act (20 U.S.C. 1412(e)) is amended to 
read as follows: 
‘‘(e) ASSISTANCE UNDER OTHER FEDERAL PRO-
GRAMS.—Nothing in this title permits a State to reduce 
medical and other assistance available, or to alter eligi-
bility, under titles V and XIX of the Social Security Act 
with respect to the provision of a free appropriate public 
education for children with disabilities in the State.’’.
SEC. 203. LOCAL EDUCATIONAL AGENCY ELIGIBILITY. 
Section 613 of the Individuals with Disabilities Edu-
cation Act (20 U.S.C. 1413) is amended to read as follows: 
‘‘SEC. 613. LOCAL EDUCATIONAL AGENCY ELIGIBILITY. 
‘‘(a) IN GENERAL.—A local educational agency is eli-
gible for assistance under this part for a fiscal year if such 
agency provides assurances to the State educational agen-
cy that it meets each of the following conditions: 
‘‘(1) CONSISTENCY
WITH
STATE
POLICIES.—
The local educational agency, in providing for the 
education of children with disabilities within its ju-
risdiction, has in effect policies, procedures, and pro-
grams that are consistent with the State policies and 
procedures established under section 612. 
‘‘(2) USE OF AMOUNTS.—
‘‘(A) IN GENERAL.—Amounts provided to 
the local educational agency under this part 
shall be expended in accordance with the appli-
cable provisions of this part and—
‘‘(i) shall be used only to pay the ex-
cess costs of providing special education 
and related services to children with dis-
abilities; 
‘‘(ii) shall be used to supplement 
State, local, and other Federal funds and 
not to supplant such funds; and
‘‘(iii) shall not be used, except as pro-
vided in subparagraphs (B) and (C), to re-
duce the level of expenditures for the edu-
cation of children with disabilities made by 
the local educational agency from local 
funds below the level of those expenditures 
for the preceding fiscal year. 
‘‘(B) EXCEPTION.—Notwithstanding the 
restriction in subparagraph (A)(iii), a local edu-
cational agency may reduce the level of expendi-
tures where such reduction is attributable to—
‘‘(i) the voluntary departure, by re-
tirement or otherwise, or departure for just 
cause, of special education personnel; 
‘‘(ii) a decrease in the enrollment of 
children with disabilities; 
‘‘(iii) the termination of the obligation 
of the agency, consistent with this part, to 
provide a program of special education to 
a particular child with a disability that is 
an exceptionally costly program, as deter-
mined by the State educational agency, be-
cause the child—
‘‘(I) has left the jurisdiction of 
the agency;
‘‘(II) has reached the age at 
which the obligation of the agency to 
provide a free appropriate public edu-
cation to the child has terminated; or 
‘‘(III) no longer needs such pro-
gram of special education; or 
‘‘(iv) the termination of costly expend-
itures for long-term purchases, such as the 
acquisition of equipment or the construc-
tion of school facilities. 
‘‘(C) TREATMENT OF FEDERAL FUNDS IN 
CERTAIN FISCAL YEARS.—
‘‘(i) Notwithstanding clauses (ii) and 
(iii) of subparagraph (A), for any fiscal 
year for which amounts appropriated to 
carry 
out 
section 
611 
exceeds 
$4,100,000,000, a local educational agency 
may treat as local funds, for the purpose 
of such clauses, up to 20 percent of the 
amount of funds it receives under this part 
that exceeds the amount it received under 
this part for the previous fiscal year. 
‘‘(ii) If a local educational agency 
chooses to use the authority under clause 
(i), then the agency shall use those local
funds to provide additional funding for 
programs under the Elementary and Sec-
ondary Education Act of 1965, including, 
but not limited to, programs that address 
student achievement, comprehensive school 
reform, literacy, teacher quality and pro-
fessional 
development, 
school 
safety, 
before- and after- school learning opportu-
nities, or related elementary and secondary 
education programs authorized under Fed-
eral or State law. 
‘‘(iii) Notwithstanding clause (i), if a 
State educational agency determines that a 
local educational agency is unable to estab-
lish and maintain programs of free appro-
priate public education that meet the re-
quirements of subsection (a), the State 
educational agency shall prohibit the local 
educational agency from treating funds re-
ceived under this part as local funds under 
clause (i) for that fiscal year, only if it is 
authorized to do so by the State constitu-
tion or a State statute. 
‘‘(D) 
SCHOOLWIDE
PROGRAMS
UNDER 
TITLE I OF THE ESEA.—Notwithstanding sub-
paragraph (A) or any other provision of this 
part, a local educational agency may use funds 
received under this part for any fiscal year to 
carry out a schoolwide program under section 
1114 of the Elementary and Secondary Edu-
cation Act of 1965, except that the amount so 
used in any such program shall not exceed—
‘‘(i) the number of children with dis-
abilities participating in the schoolwide 
program; multiplied by 
‘‘(ii)(I) the amount received by the 
local educational agency under this part 
for that fiscal year; divided by 
‘‘(II) the number of children with dis-
abilities in the jurisdiction of that agency. 
‘‘(3) PERSONNEL
DEVELOPMENT.—The local 
educational agency shall ensure that all personnel 
necessary to carry out this part are appropriately 
and adequately prepared, consistent with the re-
quirements of section 612 of this Act and section 
1119 of the Elementary and Secondary Education 
Act of 1965. 
‘‘(4) PERMISSIVE
USE
OF
FUNDS.—Notwith-
standing paragraph (2)(A) or section 612(a)(18)(B) 
(relating to commingled funds), funds provided to
the local educational agency under this part may be 
used for the following activities: 
‘‘(A) SERVICES AND AIDS THAT ALSO BEN-
EFIT NONDISABLED CHILDREN.—For the costs 
of special education and related services and 
supplementary aids and services provided in a 
regular class or other education-related setting 
to a child with a disability in accordance with 
the individualized education program of the 
child, even if one or more nondisabled children 
benefit from such services. 
‘‘(B) PREREFERRAL
SERVICES.—To de-
velop and implement comprehensive coordinated 
prereferral education support services in accord-
ance with subsection (f). 
‘‘(C) HIGH
COST
EDUCATION
AND
RE-
LATED SERVICES.—To establish and implement 
cost or risk sharing funds, consortiums, or co-
operatives for the agency itself, or for local edu-
cational agencies working in consortium of 
which the local education agency is a part, to 
pay for high cost special education and related 
services. 
‘‘(D) CASE
MANAGEMENT
AND
ADMINIS-
TRATION.—To purchase appropriate technology
for record keeping, data collection, and related 
case management activities of teachers and re-
lated services personnel who are providing serv-
ices described in the individualized education 
program of children with disabilities necessary 
to the implementation of those case manage-
ment activities. 
‘‘(E) SUPPLEMENTAL EDUCATIONAL SERV-
ICES
FOR
CHILDREN
WITH
DISABILITIES
IN 
SCHOOLS
DESIGNATED
FOR
IMPROVEMENT.—
For the reasonable additional expenses (as de-
termined by the local education agency) of any 
necessary accommodations to allow children 
with disabilities who are being educated in a 
school identified for school improvement under 
section 1116(b) of the Elementary and Sec-
ondary Education Act of 1965 (20 U.S.C. 
6316(b)) to be provided supplemental edu-
cational services under section 1116(e) of such 
Act on an equitable basis. 
‘‘(5) TREATMENT OF CHARTER SCHOOLS AND 
THEIR STUDENTS.—In carrying out this part with 
respect to charter schools that are public schools of 
the local educational agency, the local educational 
agency—
‘‘(A) serves children with disabilities at-
tending those schools in the same manner as it 
serves children with disabilities in its other 
schools, including providing supplemental and 
related services on site at the charter school 
when the local educational agency has a policy 
or practice of providing those services on site to 
its other schools; and 
‘‘(B) provides funds under this part to 
those schools in accordance with the State’s 
charter law, including distributing proportional 
funding where allowed. 
‘‘(6) INFORMATION FOR STATE EDUCATIONAL 
AGENCY.—The local educational agency shall provide 
the State educational agency with information nec-
essary to enable the State educational agency to 
carry out its duties under this part, including, with 
respect to paragraphs (15) and (16) of section 
612(a), information relating to the performance of 
children with disabilities participating in programs 
carried out under this part. 
‘‘(7) PUBLIC
INFORMATION.—The local edu-
cational agency shall make available to parents of 
children with disabilities and to the general public
all documents relating to the eligibility of such agen-
cy under this part. 
‘‘(b) EXCEPTION FOR PRIOR LOCAL PLANS.—
‘‘(1) IN GENERAL.—If a local educational agen-
cy or State agency has on file with the State edu-
cational agency policies and procedures that dem-
onstrate that such local educational agency, or such 
State agency, as the case may be, meets any require-
ment of subsection (a), including any policies and 
procedures filed under this part as in effect before 
the effective date of the Improving Education Re-
sults for Children With Disabilities Act of 2003, the 
State educational agency shall consider such local 
educational agency or State agency, as the case may 
be, to have met such requirement for purposes of re-
ceiving assistance under this part. 
‘‘(2) MODIFICATION
MADE
BY
LOCAL
EDU-
CATIONAL AGENCY.—Subject to paragraph (3), an 
application submitted by a local educational agency 
in accordance with this section shall remain in effect 
until it submits to the State educational agency such 
modifications as the local educational agency deems 
necessary. 
‘‘(3) MODIFICATIONS
REQUIRED
BY
STATE 
EDUCATIONAL AGENCY.—If, after the date of the en-
actment of the Improving Education Results for 
Children With Disabilities Act of 2003, the provi-
sions of this Act are amended (or the regulations de-
veloped to carry out this Act are amended), or there 
is a new interpretation of this Act by Federal or 
State courts, or there is an official finding of non-
compliance with Federal or State law or regulations, 
the State educational agency may require a local 
educational agency to modify its application only to 
the extent necessary to ensure the local educational 
agency’s compliance with this part or State law. 
‘‘(c) NOTIFICATION OF LOCAL EDUCATIONAL 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 the 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 
agency or local educational agency in receipt of a no-
tice 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) JOINT ESTABLISHMENT.—
‘‘(A) IN
GENERAL.—A State educational 
agency may require a local educational agency
to establish its eligibility jointly with another 
local educational agency if the State educational 
agency determines that the local educational 
agency would be ineligible under this section be-
cause the local educational agency would not be 
able to establish and maintain programs of suf-
ficient size and scope to effectively meet the 
needs of children with disabilities. 
‘‘(B) CHARTER
SCHOOL
EXCEPTION.—A 
State educational agency may not require a 
charter school that is a local educational agency 
to jointly establish its eligibility under subpara-
graph (A) unless it is explicitly permitted to do 
so under the State’s charter school statute. 
‘‘(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(g) 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 imple-
menting 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)(5).
‘‘(f) PREREFERRAL SERVICES.—
‘‘(1) IN GENERAL.—A local educational agency 
may not use more than 15 percent of the amount 
such agency receives under this part for any fiscal 
year, in combination with other amounts (which may 
include amounts other than education funds), to de-
velop and implement comprehensive coordinated 
prereferral educational support services for students 
in kindergarten through grade 12 (with a particular 
emphasis on students in grades kindergarten 
through 3) who have not been identified as needing 
special education or related services but who need 
additional academic and behavioral support to suc-
ceed in a general education environment. 
‘‘(2) ACTIVITIES.—In implementing comprehen-
sive coordinated prereferral educational services 
under this subsection, a local educational agency 
may carry out the following activities: 
‘‘(A) Professional development (which may 
be provided by entities other than local edu-
cational agencies) for teachers to enable them 
to deliver scientifically based academic and be-
havioral interventions, including scientifically 
based literacy instruction.
‘‘(B) Providing educational and behavioral 
evaluations, services, and supports, including 
scientifically based literacy instruction. 
‘‘(3) EXCLUSION.—Nothing in this subsection 
shall be construed to either limit or create a right 
to a free appropriate public education under this 
part. 
‘‘(4) 
REPORTING.—Each 
local 
educational 
agency that develops and maintains comprehensive 
coordinated pre referral educational support services 
under this subsection shall annually report to the 
State educational agency on—
‘‘(A) the number of students served under 
this subsection; and 
‘‘(B) the number of students served under 
this subsection who subsequently receive special 
education and related services under this Act. 
‘‘(5) COORDINATION WITH THE ELEMENTARY 
AND SECONDARY EDUCATION ACT OF 1965.—
‘‘(A) IN GENERAL.—Funds made available 
to carry out this subsection may be used to 
carry out comprehensive coordinated pre-refer-
ral educational support services aligned with ac-
tivities funded by, and carried out under, the 
Elementary and Secondary Education Act of
1965, such as Reading First and Early Reading 
First. 
‘‘(B) MAINTANENCE OF EFFORT.—Funds 
used under this section shall be used to supple-
ment, and not supplant, funds made available 
under the Elementary and Secondary Education 
Act of 1965. 
‘‘(g) 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 re-
lated services directly to children with disabilities re-
siding 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 need-
ed 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. 
‘‘(h) STATE AGENCY ELIGIBILITY.—Any State agen-
cy that desires to receive a subgrant for any fiscal year 
under section 611(g) shall demonstrate to the satisfaction 
of the State educational agency that—
‘‘(1) all children with disabilities who are 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. 
‘‘(i) DISCIPLINARY INFORMATION.—The State may 
require that a local educational agency include in the 
records of a child with a disability a statement of any cur-
rent or previous disciplinary action that has been taken 
against the child and transmit such statement to the same 
extent that such disciplinary information is included in, 
and transmitted with, the student records of nondisabled 
children. The statement may include a description of any 
behavior engaged in by the child that required disciplinary 
action, a description of the disciplinary action taken, and 
any other information that is relevant to the safety of the 
child and other individuals involved with the child. If the 
State adopts such a policy, and the child transfers from 
one school to another, the transmission of any of the 
child’s records must include both the child’s current indi-
vidualized education program and any such statement of 
current or previous disciplinary action that has been taken 
against the child.’’.
SEC. 204. EVALUATIONS, ELIGIBILITY DETERMINATIONS, 
INDIVIDUALIZED 
EDUCATION 
PROGRAMS, 
AND EDUCATIONAL PLACEMENTS. 
Section 614 of the Individuals with Disabilities Edu-
cation Act (20 U.S.C. 1414) is amended to read as follows: 
‘‘SEC. 614. EVALUATIONS, ELIGIBILITY DETERMINATIONS, 
INDIVIDUALIZED 
EDUCATION 
PROGRAMS, 
AND EDUCATIONAL PLACEMENTS. 
‘‘(a) EVALUATIONS, PARENTAL CONSENT, AND RE-
EVALUATIONS.—
‘‘(1) INITIAL EVALUATIONS.—
‘‘(A) IN
GENERAL.—A State educational 
agency, other State agency, or local educational 
agency shall conduct a full and individual initial 
evaluation, in accordance with this paragraph 
and subsection (b), before the initial provision 
of special education and related services to a 
child with a disability under this part. 
‘‘(B) REQUEST
FOR
INITIAL
EVALUA-
TION.—Consistent with subparagraph (D), ei-
ther a parent of a child, a State educational 
agency, other State agency as appropriate, or 
local educational agency may initiate a request 
for an initial evaluation to determine if the 
child is a child with a disability.
100
‘‘(C) 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. 
‘‘(D) PARENTAL CONSENT.—
‘‘(i) IN GENERAL.—
‘‘(I) 
CONSENT
FOR
INITIAL 
EVALUATION.—The agency proposing 
to conduct an initial evaluation to de-
termine if the child qualifies as a child 
with a disability as defined in section 
602(3)(A) or 602(3)(B) shall obtain 
informed consent from the parent of 
such child before conducting the eval-
uation. Parental consent for evalua-
tion shall not be construed as consent 
for placement for receipt of special 
education and related services. 
‘‘(II) CONSENT FOR SERVICES.—
An agency that is responsible for 
making a free appropriate public edu-
cation available to a child with a dis-
101
ability under this part shall seek to 
obtain informed consent from the par-
ent of such child before providing spe-
cial education and related services to 
the child. 
‘‘(ii) ABSENCE OF CONSENT.—
‘‘(I) FOR INITIAL EVALUATION.—
If the parents of such child do not 
provide consent for an initial evalua-
tion under clause (i)(I), or the parents 
fail to respond to a request to provide 
the consent, the local educational 
agency may pursue the initial evalua-
tion of the child through the proce-
dures described in section 615, except 
to the extent inconsistent with State 
law relating to such parental consent. 
‘‘(II) FOR SERVICES.—If the par-
ents of such child do not provide con-
sent for services under clause (i)(II), 
or the parents fail to respond to a re-
quest to provide the consent, the local 
educational agency shall not provide 
special education and related services
102
to the child through the procedures 
described in section 615. 
‘‘(III) EFFECT ON AGENCY OBLI-
GATIONS.—In any case for which 
there is an absence of consent for an 
initial evaluation under subclause (I), 
or for which there is an absence of 
consent for services under subclause 
(II)—
‘‘(aa) the local educational 
agency shall not be required to 
convene an IEP meeting or de-
velop an IEP under this section 
for the child; and 
‘‘(bb) the local educational 
agency shall not be considered to 
be in violation of any require-
ment under this part (including 
the requirement to make avail-
able a free appropriate public 
education to the child) with re-
spect to the lack of an initial 
evaluation of the child, an IEP 
meeting with respect to the child,
103
or the development of an IEP 
under this section for the child. 
‘‘(2) REEVALUATIONS.—
‘‘(A) IN
GENERAL.—A local educational 
agency shall ensure that a reevaluation of each 
child with a disability is conducted in accord-
ance with subsections (b) and (c)—
‘‘(i) if the local educational agency de-
termines that the educational needs, in-
cluding improved academic achievement, of 
the child warrant a reevaluation; or 
‘‘(ii) if the child’s parent or teacher 
requests a reevaluation. 
‘‘(B) LIMITATION.—A reevaluation con-
ducted under subparagraph (A) shall occur—
‘‘(i) no more than once a year, unless 
the parent and the local educational agen-
cy agree otherwise; and 
‘‘(ii) at least once every three years, 
unless the parent and the local educational 
agency agree that a reevaluation is unnec-
essary. 
‘‘(b) EVALUATION PROCEDURES.—
‘‘(1) NOTICE.—The local educational agency 
shall provide notice to the parent of a child with a
104
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 con-
ducting the evaluation, the local educational agency 
shall—
‘‘(A) use multiple up-to-date measures and 
assessments to gather relevant functional, de-
velopmental, and academic information, includ-
ing information provided by the parent, to as-
sist in determining—
‘‘(i) whether the child is a child with 
a disability; and 
‘‘(ii) the content of the child’s individ-
ualized education program, including infor-
mation related to enabling the child to be 
involved in and progress in the general 
education curriculum or, for preschool chil-
dren, to participate in appropriate activi-
ties; and 
‘‘(B) not use any single measure or assess-
ment as the sole criterion for determining 
whether a child is a child with a disability or
105
determining an appropriate educational pro-
gram for the child; and 
‘‘(C) use technically sound instruments 
that may assess the relative contribution of cog-
nitive and behavioral factors, in addition to 
physical or developmental factors. 
‘‘(3) ADDITIONAL REQUIREMENTS.—Each local 
educational agency shall ensure that—
‘‘(A) assessments and other evaluation 
measures used to assess a child under this sec-
tion—
‘‘(i) are selected and administered so 
as not to be discriminatory on a racial or 
cultural basis; 
‘‘(ii) are provided and administered, 
to the extent practicable, in the language 
and form most likely to yield accurate aca-
demic and developmental data; 
‘‘(iii) are used for the designed pur-
poses for which the assessments or meas-
ures are valid and reliable; 
‘‘(iv) are administered by trained and 
knowledgeable personnel; and
106
‘‘(v) are administered in accordance 
with any instructions provided by the pro-
ducer of such tests; 
‘‘(B) the child is assessed in all areas for 
which there is a reasonable basis to believe that 
a disability may exist; and 
‘‘(C) assessment tools and strategies that 
provide relevant information that directly as-
sists persons in determining the educational 
needs of the child are provided. 
‘‘(4) DETERMINATION
OF
ELIGIBILITY
AND 
EDUCATIONAL NEED.—Upon completion of the ad-
ministration of assessments and other evaluation 
measures used in the initial evaluation—
‘‘(A) the determination of whether the 
child is a child with a disability as defined in 
section 602(3) and the educational needs of the 
child shall be made by a team of qualified pro-
fessionals and the parent of the child in accord-
ance with paragraph (5); and 
‘‘(B) a copy of the evaluation report and 
the documentation of determination of eligibility 
will be given to the parent. 
‘‘(5) SPECIAL RULE FOR ELIGIBILITY DETER-
MINATION.—In making a determination of eligibility
107
under paragraph (4)(A), a child shall not be deter-
mined to be a child with a disability if the deter-
minant factor for such determination is—
‘‘(A) lack of scientifically-based instruction 
practices and programs that contain the essen-
tial components of reading instruction (as that 
term is defined in section 1208(3) of the Ele-
mentary and Secondary Education Act of 
1965); 
‘‘(B) lack of instruction in math; or 
‘‘(C) limited English proficiency. 
‘‘(6) SPECIFIC LEARNING DISABILITIES.—
‘‘(A) IN GENERAL.—Notwithstanding sec-
tion 607 of this Act, or any other provision of 
law, when determining whether a child has a 
specific learning disability as defined under this 
Act, the local educational agency shall not be 
required to take into consideration whether the 
child has a severe discrepancy between achieve-
ment and intellectual ability in oral expression, 
listening comprehension, written expression, 
basic reading skill, reading comprehension, 
mathematical calculation, or mathematical rea-
soning.
108
‘‘(B) ADDITIONAL AUTHORITY.—In deter-
mining whether a child has a specific learning 
disability, a local educational agency may use a 
process which determines if a child responds to 
scientific, research-based intervention. 
‘‘(c) ADDITIONAL REQUIREMENTS FOR EVALUATION 
AND REEVALUATIONS.—
‘‘(1) 
REVIEW
OF
EXISTING
EVALUATION 
DATA.—As part of an initial evaluation (if appro-
priate) and as part of any reevaluation under this 
section, the IEP Team described in subsection 
(d)(1)(B) and other qualified professionals, as ap-
propriate, shall—
‘‘(A) review existing evaluation data on the 
child, including evaluations and information 
provided by the parents of the child, current 
classroom-based local or State assessments, and 
classroom-based observations, and teacher and 
related services providers observation; and 
‘‘(B) on the basis of that review, and input 
from the child’s parents, identify what addi-
tional data, if any, are needed to determine—
‘‘(i) whether the child is a child with 
a disability as defined in section 602(3), 
and the educational needs of the child, or,
109
in case of a reevaluation of a child, wheth-
er the child continues to have such a dis-
ability and such educational needs; 
‘‘(ii) the present levels of academic 
achievement and developmental needs of 
the child; 
‘‘(iii) whether the child needs special 
education and related services, or in the 
case of a reevaluation of a child, whether 
the child continues to need special edu-
cation and related services; and 
‘‘(iv) whether any additions or modi-
fications to the special education and re-
lated services are needed to enable the 
child to meet the measurable annual goals 
set out in the individualized education pro-
gram of the child and to participate, as ap-
propriate, in the general education cur-
riculum. 
‘‘(2) SOURCE OF DATA.—The local educational 
agency shall administer such assessments and other 
evaluation measures as may be needed to produce 
the data identified by the IEP Team under para-
graph (1)(B).
110
‘‘(3) PARENTAL
CONSENT.—Each local edu-
cational agency shall obtain informed parental con-
sent, in accordance with subsection (a)(1)(D), prior 
to conducting any reevaluation of a child with a dis-
ability, except that such informed parental consent 
need not be obtained if the local educational agency 
can demonstrate that it had taken reasonable meas-
ures to obtain such consent and the child’s parent 
has failed to respond. 
‘‘(4) REQUIREMENTS IF ADDITIONAL DATA ARE 
NOT NEEDED.—If the IEP Team and other qualified 
professionals, as appropriate, determine that no ad-
ditional data are needed to determine whether the 
child continues to be a child with a disability and to 
determine the child’s educational needs, 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 to determine the child’s edu-
cational needs; and
111
‘‘(B) shall not be required to conduct such 
an assessment unless requested to by the child’s 
parents. 
‘‘(5) EVALUATIONS BEFORE CHANGE IN ELIGI-
BILITY.—A local educational agency shall evaluate a 
child with a disability in accordance with this section 
before determining that the child is no longer a child 
with a disability. 
‘‘(d) INDIVIDUALIZED EDUCATION PROGRAMS.—
‘‘(1) DEFINITIONS.—As used in this title: 
‘‘(A) INDIVIDUALIZED
EDUCATION
PRO-
GRAM.—
‘‘(i) IN GENERAL.—The term ‘individ-
ualized education program’ or ‘IEP’ means 
a written statement for each child with a 
disability that is developed, reviewed, and 
revised in accordance with this section and 
that includes—
‘‘(I) a statement of the child’s 
present levels of academic achieve-
ment and developmental needs, includ-
ing—
‘‘(aa) how the child’s dis-
ability affects the child’s involve-
112
ment and progress in the general 
education curriculum; or 
‘‘(bb) for preschool children, 
as appropriate, how the disability 
affects the child’s participation in 
appropriate activities; 
‘‘(II) a statement of measurable 
annual goals designed to—
‘‘(aa) enable the child to be 
involved in and make progress in 
the general education curriculum; 
and 
‘‘(bb) meet the child’s other 
educational needs that result 
from the child’s disability; 
‘‘(III) a statement of the special 
education and related services and 
supplementary 
aids 
and 
services, 
based on peer-reviewed research, to be 
provided to the child, or on behalf of 
the child, and a statement of the pro-
gram modifications or supports for 
school personnel that will be provided 
for the child—
113
‘‘(aa) to advance appro-
priately toward attaining the an-
nual goals; 
‘‘(bb) to be involved in and 
make progress in the general 
education curriculum in accord-
ance with subclause (I) and to 
participate in extracurricular and 
other nonacademic activities; and 
‘‘(cc) to be educated and 
participate with other children 
with disabilities and nondisabled 
children in the activities de-
scribed in this paragraph; 
‘‘(IV) an explanation of the ex-
tent, if any, to which the child will not 
participate with nondisabled children 
in the regular class and in the activi-
ties described in subclause (III)(cc); 
‘‘(V)(aa) a statement of any indi-
vidual reasonable and appropriate ac-
commodations in the administration 
of State or districtwide assessments of 
student achievement that are nec-
essary to measure the academic
114
achievement of the child consistent 
with section 612(a)(16)(A)(ii); and 
‘‘(bb) if the IEP Team deter-
mines that the child will not partici-
pate in a particular State or district-
wide assessment of student achieve-
ment (or part of such an assessment), 
a statement of—
‘‘(AA) why that assessment 
is not appropriate for the child; 
and 
‘‘(BB) how the child will be 
assessed 
consistent 
with 
612(a)(16)(A); 
‘‘(VI) the projected date for the 
beginning of the services and modi-
fications described in subclause (III), 
and the anticipated frequency, loca-
tion, and duration of those services 
and modifications; 
‘‘(VII)(aa) beginning at age 14, 
and updated annually, a statement of 
the transition service needs of the 
child under the applicable components 
of the child’s IEP that focuses on the
115
child’s courses of study (such as par-
ticipation 
in 
advanced-placement 
courses or a vocational education pro-
gram); 
‘‘(bb) beginning at age 16 (or 
younger, if determined appropriate by 
the IEP Team), a statement of need-
ed transition services for the child, in-
cluding, when appropriate, a state-
ment of the interagency responsibil-
ities or any needed linkages; and 
‘‘(cc) beginning at least one year 
before the child reaches the age of 
majority under State law, a statement 
that the child has been informed of 
his or her rights under this title, if 
any, that will transfer to the child on 
reaching the age of majority under 
section 615(m); and 
‘‘(VIII) a statement of—
‘‘(aa) 
how 
the 
child’s 
progress toward the annual goals 
described in subclause (II) will be 
measured; and
116
‘‘(bb) how the child’s par-
ents will be regularly informed 
(by such means as periodic report 
cards), at least as often as par-
ents are informed of their non-
disabled children’s progress, of 
the sufficiency of their child’s 
progress toward the annual goals 
described in subclause (II). 
‘‘(ii) 
RULE
OF
CONSTRUCTION.—
Nothing in this subparagraph shall be con-
strued to require—
‘‘(I) that additional information 
be included in a child’s IEP beyond 
what is explicitly required in this sub-
paragraph; and 
‘‘(II) the IEP Team to include 
information under one component of a 
child’s IEP that is already contained 
under another component of such 
IEP. 
‘‘(B) INDIVIDUALIZED
EDUCATION
PRO-
GRAM
TEAM.—The term ‘individualized edu-
cation program team’ or ‘IEP Team’ means a 
group of individuals composed of—
117
‘‘(i) the parents of a child with a dis-
ability; 
‘‘(ii) a regular education teacher of 
such child (if the child is, or may be, par-
ticipating the majority of the day in the 
regular education environment), but such 
teacher shall not be required to attend a 
meeting or part of a meeting of the IEP 
Team involving issues not related to the 
child’s participation in the regular edu-
cation environment, nor shall multiple reg-
ular education teachers, if the child has 
more than one regular education teacher, 
be required to attend a meeting, or part of 
a meeting, of the IEP team; 
‘‘(iii) at least one special education 
teacher, or where appropriate, at least one 
special education provider of such child; 
‘‘(iv) a representative of the local edu-
cational agency who—
‘‘(I) is qualified to provide, or su-
pervise the provision of, specially de-
signed instruction to meet the unique 
needs of children with disabilities;
118
‘‘(II) is knowledgeable about the 
general education curriculum; and 
‘‘(III) is knowledgeable about the 
availability of resources of the local 
educational agency; 
‘‘(v) an individual who can interpret 
the instructional implications of evaluation 
results, who may be a member of the team 
described in clauses (ii) through (vi); 
‘‘(vi) at the discretion of the parent or 
the agency, other individuals who have 
knowledge or special expertise regarding 
the child, including related services per-
sonnel as appropriate; and 
‘‘(vii) whenever appropriate, the child 
with a disability. 
‘‘(2) REQUIREMENT THAT PROGRAM BE IN EF-
FECT.—
‘‘(A) IN GENERAL.—At the beginning of 
each school year, each local educational agency, 
State educational agency, or other State agen-
cy, 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 paragraph (1)(A).
119
‘‘(B) PROGRAM
FOR
CHILD
AGED
THROUGH 5.—In the case of a child with a dis-
ability aged 3 through 5 (or, at the discretion 
of the State educational agency, a 2 year-old 
child with a disability who will turn age 3 dur-
ing the school year), an individualized family 
service plan that contains the material de-
scribed in section 636, and that is developed in 
accordance with this section, may serve as the 
IEP of the child if using that plan as the IEP 
is—
‘‘(i) consistent with State policy; and 
‘‘(ii) agreed to by the agency and the 
child’s parents. 
‘‘(3) DEVELOPMENT OF IEP.—
‘‘(A) IN
GENERAL.—In developing each 
child’s IEP, the IEP Team, subject to subpara-
graph (C), shall consider—
‘‘(i) the results of the initial evalua-
tion or most recent evaluation of the child; 
‘‘(ii) the academic and developmental 
needs of the child; 
‘‘(iii) the strengths of the child; and 
‘‘(iv) the concerns of the parents for 
enhancing the education of their child.
120
‘‘(B) CONSIDERATION
OF
SPECIAL
FAC-
TORS.—The IEP Team shall—
‘‘(i) in the case of a child whose be-
havior impedes his or her learning or that 
of others, consider the use of positive be-
havioral interventions and supports, and 
other strategies, to address that behavior; 
‘‘(ii) in the case of a child with limited 
English proficiency, consider the language 
needs of the child as such needs relate to 
the child’s IEP; 
‘‘(iii) in the case of a child who is 
blind or visually impaired, provide for in-
struction in Braille and the use of Braille 
unless the IEP Team determines, after an 
evaluation of the child’s reading and writ-
ing skills, needs, and appropriate reading 
and writing media (including an evaluation 
of the child’s future needs for instruction 
in Braille or the use of Braille), that in-
struction in Braille or the use of Braille is 
not appropriate for the child; 
‘‘(iv) 
consider 
the 
communication 
needs of the child, and in the case of a 
child who is deaf or hard of hearing, con-
121
sider the child’s language and communica-
tion needs, opportunities for direct commu-
nications with peers and professional per-
sonnel in the child’s language and commu-
nication mode, academic level, and full 
range of needs, including opportunities for 
direct instruction in the child’s language 
and communication mode; and 
‘‘(v) consider whether the child re-
quires assistive technology devices and 
services. 
‘‘(C) REQUIREMENT
WITH
RESPECT
TO 
REGULAR EDUCATION TEACHER.—The regular 
education teacher of the child, if a member of 
the 
IEP 
Team 
pursuant 
to 
paragraph 
(1)(B)(ii), shall, to the extent appropriate, par-
ticipate in the development of the IEP of the 
child, including the determination of appro-
priate positive behavioral interventions and sup-
ports, and other strategies and the determina-
tion of supplementary aids and services, pro-
gram modifications, and support for school per-
sonnel consistent with paragraph (1)(A)(i)(III). 
‘‘(D) IEP TEAM ATTENDANCE.—The par-
ent of a child with a disability and the local
122
educational agency may jointly excuse any 
member of the IEP Team from attending all or 
part of an IEP meeting if they agree that the 
member’s attendance is not necessary. The IEP 
Team may obtain the member’s input prior to 
an IEP meeting from which the member is ex-
cused. 
‘‘(E) AGREEMENT ON MEETING.—In mak-
ing changes to a child’s IEP after the annual 
IEP meeting, the parent of a child with a dis-
ability and the local educational agency may 
agree not to reconvene the IEP team and in-
stead develop a written document to amend or 
modify the child’s current IEP. 
‘‘(F) CONSOLIDATION OF IEP TEAM MEET-
INGS.—To the extent possible, the local edu-
cational agency shall encourage the consolida-
tion of IEP Team meetings for a child. 
‘‘(G) AMENDMENTS.—Changes to the IEP 
may be made either by the entire IEP Team or, 
as provided in subparagraph (E), by amending 
the IEP rather than by redrafting the entire 
IEP. 
‘‘(4) REVIEW AND REVISION OF IEP.—
123
‘‘(A) IN GENERAL.—The local educational 
agency shall ensure that, subject to subpara-
graph (B), the IEP Team—
‘‘(i) reviews the child’s IEP periodi-
cally, but not less than annually, to deter-
mine whether the annual goals for the 
child are being achieved; and 
‘‘(ii) revises the IEP as appropriate to 
address—
‘‘(I) 
any 
lack 
of 
expected 
progress toward the annual goals and 
in the general education curriculum, 
where appropriate; 
‘‘(II) the results of any reevalua-
tion conducted under this section; 
‘‘(III) 
information 
about 
the 
child provided to, or by, the parents, 
as described in subsection (c)(1)(B); 
‘‘(IV) 
the 
child’s 
anticipated 
needs; or 
‘‘(V) other matters. 
‘‘(B) REQUIREMENT
WITH
RESPECT
TO 
REGULAR EDUCATION TEACHER.—The regular 
education teacher of the child, if a member of 
the IEP Team, shall, consistent with section
124
614(d)(1)(B)(ii), participate in the review and 
revision of the IEP of the child. 
‘‘(5) MULTI-YEAR IEP.—
‘‘(A) 
DEVELOPMENT.—The 
local 
edu-
cational agency may offer to the parent of a 
child with a disability the option of developing 
a comprehensive multi-year IEP, not to exceed 
3 years, that is designed to cover the natural 
transition points for the child. With the consent 
of the parent, the IEP Team shall develop an 
IEP, as described in paragraphs (1) and (3), 
that is designed to serve the child for the ap-
propriate multi-year period, which includes a 
statement of—
‘‘(i) measurable goals pursuant to 
paragraph (1)(A)(i)(II), coinciding with 
natural transition points for the child, that 
will enable the child to be involved in and 
make progress in the general education 
curriculum and that will meet the child’s 
other needs that result from the child’s 
disability; and 
‘‘(ii) measurable annual goals for de-
termining progress toward meeting the 
goals described in clause (i).
125
‘‘(B) REVIEW
AND
REVISION
OF
MULTI-
YEAR IEP.—
‘‘(i) REQUIREMENT.—The IEP Team 
shall conduct a review under paragraph (4) 
of the child’s multi-year IEP at each of the 
child’s natural transition points. 
‘‘(ii) STREAMLINED ANNUAL REVIEW 
PROCESS.—In years other than a child’s 
natural transition points, the local edu-
cational agency shall ensure that the IEP 
Team—
‘‘(I) provides an annual review of 
the child’s IEP to determine the 
child’s current levels of progress and 
determine whether the annual goals 
for the child are being achieved; and 
‘‘(II) amends the IEP, as appro-
priate, to enable the child to continue 
to meet the measurable goals set out 
in the IEP. 
‘‘(iii) COMPREHENSIVE REVIEW PROC-
ESS.—If the IEP Team determines, on the 
basis of the review under clause (i), that 
the child is not making sufficient progress 
toward the goals described in subpara-
126
graph (A), the local educational agency 
shall ensure that the IEP Team reviews 
the IEP under paragraph (4), within 30 
calendar days. 
‘‘(iv) PARENTAL
PREFERENCE.—At 
the request of the parent, the IEP Team 
shall conduct a review under paragraph (4) 
of the child’s multi-year IEP rather than a 
streamlined annual review under clause 
(ii). 
‘‘(C) DEFINITION.—As used in this para-
graph, the term ‘natural transition points’ 
means those periods that are close in time to 
the transition of a child with a disability from 
preschool to elementary grades, from elemen-
tary grades to middle or junior high school 
grades, from middle or junior high school 
grades to high school grades, and from high 
school grades to post-secondary activities, but 
in no case longer than three years. 
‘‘(6) 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 
paragraph (1)(A)(i)(II), the local educational agency
127
shall reconvene the IEP Team to identify alternative 
strategies to meet the transition objectives for the 
child set out in that program. 
‘‘(7) CHILDREN WITH DISABILITIES IN ADULT 
PRISONS.—
‘‘(A) IN GENERAL.—The following require-
ments do not apply to children with disabilities 
who are convicted as adults under State law 
and incarcerated in adult prisons: 
‘‘(i) The requirements contained in 
section 
612(a)(16) 
and 
paragraph 
(1)(A)(i)(V) of this subsection (relating to 
participation of children with disabilities in 
general assessments). 
‘‘(ii) The requirements of items (aa) 
and (bb) of paragraph (1)(A)(i)(VII) of 
this subsection (relating to transition plan-
ning and transition services), do not apply 
with respect to such children whose eligi-
bility under this part will end, because of 
their age, before they will be released from 
prison. 
‘‘(B) ADDITIONAL
REQUIREMENT.—If a 
child with a disability is convicted as an adult 
under State law and incarcerated in an adult
128
prison, the child’s IEP Team may modify the 
child’s IEP or placement notwithstanding the 
requirements of sections 612(a)(5)(A) and 
614(d)(1)(A) if the State has demonstrated a 
bona fide security or compelling penological in-
terest that cannot otherwise be accommodated. 
‘‘(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. 
‘‘(f) ALTERNATIVE MEANS OF MEETING PARTICIPA-
TION.—When conducting IEP team meetings and place-
ment meetings pursuant to this section and 615, the par-
ent of a child with a disability and a local educational 
agency may agree to use alternative means of meeting par-
ticipation, such as video conferences and conference 
calls.’’. 
SEC. 205. PROCEDURAL SAFEGUARDS. 
(a) ESTABLISHMENT
OF
PROCEDURES.—Section 
615(a) of the Individuals with Disabilities Education Act 
(20 U.S.C. 1415(a)) is amended to read as follows: 
‘‘(a) ESTABLISHMENT OF PROCEDURES.—Any State 
educational agency, State agency, or local educational 
agency that receives assistance under this part shall estab-