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procedures for the early identification of Indian chil-
dren under 3 years of age and for parent training.
Such funds may also be used to provide early inter-
vention services in accordance with this part. Such
activities may be carried out directly or through con-
tracts or cooperative agreements with the BIA, local
educational agencies, and other public or private
nonprofit organizations. The tribe, tribal organiza-
tion, or consortia is encouraged to involve Indian
parents in the development and implementation of
these activities. The above entities shall, as appro-
priate, make referrals to local, State, or Federal en-
tities for the provision of services or further diag-
nosis.
‘‘(5) REPORTS.—To be eligible to receive a
grant under paragraph (2), a tribe, tribal organiza-
tion, or consortia shall make a biennial report to the
Secretary of the Interior of activities undertaken
under this subsection, including the number of con-
tracts and cooperative agreements entered into, the
number of children contacted and receiving services
for each year, and the estimated number of children
needing services during the 2 years following the
year in which the report is made. The Secretary of
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the Interior shall include a summary of this informa-
tion on a biennial basis to the Secretary of Edu-
cation along with such other information as required
under section 611(f)(3)(D). The Secretary of Edu-
cation may require any additional information from
the Secretary of the Interior.
‘‘(6) PROHIBITED USES OF FUNDS.—None of
the funds under this subsection may be used by the
Secretary of the Interior for administrative pur-
poses, including child count, and the provision of
technical assistance.
‘‘(c) STATE ALLOTMENTS.—
‘‘(1) IN GENERAL.—Except as provided in para-
graphs (2), (3), and (4), from the funds remaining
for each fiscal year after the reservation and pay-
ments under subsections (a) and (b), the Secretary
shall first allot to each State an amount that bears
the same ratio to the amount of such remainder as
the number of infants and toddlers in the State
bears to the number of infants and toddlers in all
States.
‘‘(2) MINIMUM ALLOTMENTS.—Except as pro-
vided in paragraphs (3) and (4), no State shall re-
ceive an amount under this section for any fiscal
year that is less than the greatest of—
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‘‘(A) one-half of one percent of the remain-
ing amount described in paragraph (1); or
‘‘(B) $500,000.
‘‘(3) SPECIAL RULE FOR 1998 AND 1999.—
‘‘(A) IN GENERAL.—Except as provided in
paragraph (4), no State may receive an amount
under this section for either fiscal year 1998 or
1999 that is less than the sum of the amounts
such State received for fiscal year 1994
under—
‘‘(i) part H (as in effect on the day
before the date of the enactment of the
IDEA Improvement Act of 1997); and
‘‘(ii) subpart 2 of part D of chapter 1
of title I of the Elementary and Secondary
Education Act of 1965 (as in effect on the
day before the date of the enactment of the
Improving America’s Schools Act of 1994)
for children with disabilities under 3 years
of age.
‘‘(B) EXCEPTION.—If, for fiscal year 1998
or 1999, the number of infants and toddlers in
a State, as determined under paragraph (1), is
less than the number of infants and toddlers so
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determined for fiscal year 1994, the amount de-
termined under subparagraph (A) for the State
shall be reduced by the same percentage by
which the number of such infants and toddlers
so declined.
‘‘(4) RATABLE REDUCTION.—
‘‘(A) IN
GENERAL.—If the sums made
available under this part for any fiscal year are
insufficient to pay the full amounts that all
States are eligible to receive under this sub-
section for such year, the Secretary shall rat-
ably reduce the allocations to such States for
such year.
‘‘(B) ADDITIONAL
FUNDS.—If additional
funds become available for making payments
under this subsection for a fiscal year, alloca-
tions that were reduced under subparagraph
(A) shall be increased on the same basis as
such allocations were reduced.
‘‘(5) DEFINITIONS.—For the purpose of this
subsection—
‘‘(A) the terms ‘infants’ and ‘toddlers’
mean children under 3 years of age; and
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‘‘(B) the term ‘State’ means each of the 50
States, the District of Columbia, and the Com-
monwealth of Puerto Rico.
‘‘(d) REALLOTMENT OF FUNDS.—If a State elects
not to receive its allotment under subsection (c), the Sec-
retary shall reallot, among the remaining States, amounts
from such State in accordance with such subsection.
‘‘SEC. 644. AUTHORIZATION OF APPROPRIATIONS.
‘‘For the purpose of carrying out this part, there are
authorized to be appropriated such sums as may be nec-
essary for each of the fiscal years 1998 through 2002.
‘‘PART D—NATIONAL ACTIVITIES TO IMPROVE
EDUCATION OF CHILDREN WITH DISABILITIES
‘‘SEC. 651. PURPOSE OF PART.
‘‘The purpose of this part is to support national,
State, and local activities aimed at improving educational,
early intervention, and transitional services and opportuni-
ties for children with disabilities.
‘‘SEC. 652. ELIGIBILITY FOR FINANCIAL ASSISTANCE.
‘‘No State, State educational agency, local edu-
cational agency, educational service agency, or other pub-
lic institution or agency may receive a grant, contract, or
cooperative agreement under this part which relates exclu-
sively to programs, projects, and activities for children
aged 3 to 5, inclusive, unless the State, or, in the case
205
of an agency or institution, the State in which the agency
or institution is located, is eligible to receive a grant under
section 619.
‘‘SEC. 653. COMPREHENSIVE PLAN.
‘‘(a) IN GENERAL.—The Secretary shall develop and
implement a comprehensive plan for ongoing activities
conducted by the Secretary under this part.
‘‘(b) USE OF KNOWLEDGE IN DEVELOPING PLAN.—
To the maximum extent appropriate, the Secretary shall
ensure that the plan is based upon the knowledge gained
from research on practices that have been proven effective
in improving the achievement of children with disabilities.
‘‘(c) CONSULTATION.—In developing the plan, the
Secretary shall consult the following persons:
‘‘(1) Individuals with disabilities.
‘‘(2) Parents of children with disabilities.
‘‘(3) Representatives of State and local edu-
cational agencies and educational service agencies.
‘‘(4) Private schools.
‘‘(5) Institutions of higher education.
‘‘(6) Other Federal agencies.
‘‘(7) The National Council on Disability.
‘‘(8) National organizations with an interest in,
and expertise in, providing services to children with
disabilities and their families.
206
‘‘(9) Any other professionals determined appro-
priate by the Secretary.
‘‘(d) DEADLINE.—The plan shall be developed not
later than the date that is 12 months after the date of
the enactment of the IDEA Improvement Act of 1997.
‘‘SEC. 654. PEER REVIEW.
‘‘(a) IN GENERAL.—The Secretary shall use a panel
of experts who are competent, by virtue of their training,
expertise, or experience, to evaluate an application under
this part that requests more than $75,000 in Federal fi-
nancial assistance.
‘‘(b) COMPOSITION
OF PANEL.—A majority of a
panel described in subsection (a) shall be composed of in-
dividuals who are not employees of the Federal Govern-
ment.
‘‘(c) PAYMENT OF FEES AND EXPENSES OF CERTAIN
MEMBERS.—The Secretary may use available funds ap-
propriated to carry out this part to pay the expenses and
fees of panel members who are not employees of the Fed-
eral Government.
‘‘SEC. 655. ELIGIBLE APPLICANTS.
‘‘Except as otherwise provided in this part, the per-
sons who, and the agencies that, may apply for receipt
of grants, contracts, or cooperative agreements under this
part are the following:
207
‘‘(1) Institutions of higher education.
‘‘(2) State educational agencies.
‘‘(3) Local educational agencies.
‘‘(4) Educational service agencies.
‘‘(5) Other public agencies.
‘‘(6) Private nonprofit organizations.
‘‘(7) Indian tribes and tribal organizations (as
defined under section 4 of the Indian Self-Deter-
mination and Education Assistance Act).
‘‘(8) For-profit organizations.
‘‘SEC. 656. APPLICANT AND RECIPIENT RESPONSIBILITIES.
‘‘(a) GENERAL REQUIREMENTS ON APPLICANTS AND
RECIPIENTS.—The Secretary may not make a grant to,
or enter into a contract or cooperative agreement with,
a person or agency under this part unless—
‘‘(1) the person or agency involves individuals
with disabilities, and parents of children with dis-
abilities, in planning, implementing, and evaluating
activities conducted under the grant, contract, or
agreement;
‘‘(2) the person or agency, where appropriate,
evaluates the potential for replication and wide-
spread adoption of such activities; and
208
‘‘(3) the person or agency prepares their find-
ings and work product in a format useful for a spe-
cific audience specified by the Secretary, such as
parents, administrators, teachers, early intervention
personnel, related services personnel, or individuals
with disabilities.
‘‘(b) ADDITIONAL REQUIREMENTS IMPOSED AT DIS-
CRETION OF SECRETARY.—The Secretary may require
that a person who, or agency that, is awarded a grant,
contract, or cooperative agreement under this part—
‘‘(1) assume a portion of the cost of carrying
out the grant, contract, or agreement;
‘‘(2) disseminate the findings and work product
of the person or agency; and
‘‘(3) collaborate with other such persons and
agencies.
‘‘SEC. 657. INDIRECT COSTS.
‘‘The Secretary—
‘‘(1) may not permit any recipient of Federal
funds under this part to use more than 25 percent
of such funds for indirect costs; and
‘‘(2) may further limit the extent to which any
such recipient may use such funds for such costs.
209
‘‘SEC. 658. PROGRAM EVALUATION.
‘‘The Secretary may use funds appropriated to carry
out this part to evaluate any activity carried out under
this part.
‘‘Subpart 1—National Research and Improvement
Activities
‘‘SEC. 661. GENERAL AUTHORITY TO MAKE AWARDS.
‘‘The Secretary may make grants to, and enter into
contracts and cooperative agreements with, eligible entities
to carry out research and improvement activities that fur-
ther the purpose of this part and are consistent with the
priorities established under section 662.
‘‘SEC. 662. PRIORITIES.
‘‘(a) IN GENERAL.—In making awards under this
subpart, the Secretary may, without regard to the rule
making procedures under section 553 of title 5, United
States Code, limit such awards to, or otherwise give prior-
ity to—
‘‘(1) projects that address the improvement of
the academic performance of children with disabil-
ities;
‘‘(2) projects that address one or more—
‘‘(A) age ranges;
‘‘(B) disabilities;
‘‘(C) grades in school;
210
‘‘(D) types of educational placements or
early intervention environments;
‘‘(E) types of services; or
‘‘(F) content areas such as reading;
‘‘(3) projects that address the needs of children
based on the severity of their disability;
‘‘(4) projects that address the needs of—
‘‘(A) low-achieving students;
‘‘(B) underserved populations;
‘‘(C) children from low-income families;
‘‘(D) children with limited English pro-
ficiency;
‘‘(E) unserved and underserved areas;
‘‘(F) particular types of geographic areas,
such as inner-city or rural areas; or
‘‘(G) institutionalized children in juvenile
and adult correctional institutions;
‘‘(5) any activity that is expressly authorized in
this title;
‘‘(6) a large-scale longitudinal study designed to
provide information on the long-term impact of edu-
cation agency disciplinary procedures on children
with disabilities;
‘‘(7) research and development projects includ-
ing—
211
‘‘(A) projects that advance knowledge
about—
‘‘(i) teaching and learning practices,
and assessment techniques, instruments,
and strategies, including behavioral strate-
gies, that lead to improved results for chil-
dren with disabilities;
‘‘(ii) the developmental and learning
characteristics of children with disabilities
in a manner that will improve the design
and effectiveness of interventions and in-
struction; or
‘‘(iii) the coordination of education
with health and social services;
‘‘(B) large-scale longitudinal studies de-
signed to produce information on the long-term
impact of early intervention and education on
results for individuals with disabilities;
‘‘(C) model demonstration projects to
apply and test research findings in typical serv-
ice settings to determine the usability, effective-
ness, and general applicability of such research
findings in such areas as improving instruc-
tional methods, curricula, and tools such as
textbooks, media, and other materials; and
212
‘‘(D) projects which apply research and
other knowledge to improve educational results
for children with disabilities by—
‘‘(i) synthesizing useful research and
educational products;
‘‘(ii) ensuring that such research and
products are in appropriate formats for
distribution to administrators, teachers,
parents, and individuals with disabilities;
or
‘‘(iii) making such research and prod-
ucts available through libraries, electronic
networks, parent training projects, and
other information sources, including the
National Information Dissemination Sys-
tem under part D of title IX of Public Law
103–227;
‘‘(8) projects which provide technical assistance
to—
‘‘(A) States—
‘‘(i) to link States to other technical
assistance resources, including special and
general education resources; or
213
‘‘(ii) in gaining access to information,
including information on research and best
practices; or
‘‘(B) State educational agencies, State lead
agencies serving infants and toddlers with dis-
abilities under part C, and other organizations
and agencies that play a critical role in provid-
ing for the participation of children with dis-
abilities in State and local assessments;
‘‘(9) activities to produce, and promote the use
of, knowledge to address the special needs of chil-
dren who have a high likelihood of needing special
education and related services in order to reduce,
through early intervention, the need for special edu-
cation services later in life;
‘‘(10) educational media activities including—
‘‘(A) through September 30, 1998, video
description, open captioning, or closed caption-
ing;
‘‘(B) video description, open captioning, or
closed captioning of educational, news, and in-
formational materials;
‘‘(C) through September 30, 1998, dis-
tribution of captioned and described materials
and videos;
214
‘‘(D) distribution of captioned and de-
scribed educational, news, and informational
materials and videos; and
‘‘(E) recording free educational materials,
including textbooks, for visually impaired and
print-disabled students in elementary, second-
ary, post-secondary, and graduate schools; and
‘‘(11) projects to assist institutions of higher
education in appropriately serving students with dis-
abilities, including deaf students.
‘‘(b) DEFINITION.—As used in this section, the term
‘low-incidence disability’ means—
‘‘(1) a visual impairment, a hearing impair-
ment, or simultaneous visual and hearing impair-
ments;
‘‘(2) a significant cognitive impairment; or
‘‘(3) any impairment for which a small number
of personnel, with highly specialized skills and
knowledge, are needed nationwide in order for all
children with disabilities who have the impairment to
receive early intervention services or a free appro-
priate public education.
‘‘(c) REPORT.—If the Secretary awards a grant, con-
tract, or cooperative agreement under this subpart prior
to February 1, 1998 with respect to an educational media
215
activity described in subparagraph (A) or (C) of sub-
section (a)(10), the Secretary, after consulting with the
chairman of the Federal Communications Commission,
shall submit to the Committee on Economic and Edu-
cational Opportunities of the House of Representatives
and the Committee on Labor and Human Resources of
the Senate, not later than April 15, 1998, a report on the
progress that the Federal Communications Commission is
making towards meeting the requirements imposed on the
Commission under section 713 of the Communications Act
of 1934 (47 U.S.C. 613).
‘‘SEC. 663. NATIONAL ASSESSMENT.
‘‘(a) PURPOSE
OF ASSESSMENT.—The Secretary
shall carry out a national assessment of activities carried
out with Federal funds under this title in order—
‘‘(1) to determine the effectiveness of the title
in achieving the purposes of the title;
‘‘(2) to provide information to the President,
the Congress, the States, local educational agencies,
and the public on how to implement the title more
effectively; and
‘‘(3) to provide the President and the Congress
with information that will be useful in developing
legislation to achieve the purposes of this title more
effectively.
216
‘‘(b) CONSULTATION.—The Secretary shall plan, re-
view, and conduct the national assessment under this sec-
tion in consultation with researchers, State practitioners,
local practitioners, parents of children with disabilities, in-
dividuals with disabilities, and other appropriate individ-
uals.
‘‘(c) SCOPE OF ASSESSMENT.—The national assess-
ment shall examine how well schools, local educational
agencies, States, other recipients of assistance under this
title, and the Secretary are achieving the purposes of this
title, including—
‘‘(1) the performance of children with disabil-
ities in general scholastic activities and assessments
as compared to nondisabled children;
‘‘(2) providing for the participation of children
with disabilities in the general education curriculum;
‘‘(3) helping children with disabilities make suc-
cessful transitions from—
‘‘(A) early intervention services to pre-
school education;
‘‘(B) preschool education to elementary
school; and
‘‘(C) secondary school to adult life;
217
‘‘(4) placing and serving children with disabil-
ities, including children from underserved popu-
lations, in the least restrictive environment appro-
priate;
‘‘(5) preventing children with disabilities, espe-
cially children with emotional disturbances and spe-
cific learning disabilities, from dropping out of
school;
‘‘(6) assessing the use of disciplinary measures,
and the effect of such use, with children with dis-
abilities as compared to nondisabled children;
‘‘(7) coordinating services provided under this
title with each other, with other educational and
pupil services (including preschool services), and
with health and social services funded from other
sources;
‘‘(8) addressing the participation of parents of
children with disabilities in the education of their
children; and
‘‘(9) resolving disagreements between education
personnel and parents through activities such as
mediation.
‘‘(d) INTERIM AND FINAL REPORTS.—The Secretary
shall submit to the President and the Congress—