128
‘‘(K) State-level appeals (if applicable in
that State);
‘‘(L) civil actions; and
‘‘(M) attorney’s fees.
‘‘(e) MEDIATION.—
‘‘(1) IN
GENERAL.—Any State educational
agency or local educational agency that receives as-
sistance under this part shall ensure that procedures
are established and implemented to allow parties to
disputes involving the provision of free appropriate
public education to children with disabilities by any
such State educational agency or local educational
agency to resolve such disputes through a mediation
process.
‘‘(2) REQUIREMENTS.—Such procedures shall
meet the following requirements:
‘‘(A) The procedures shall ensure that the
mediation process—
‘‘(i) is voluntary on the part of the
parents and may be terminated by either
party after a good faith effort has been
made by the party terminating the medi-
ation process; and
129
‘‘(ii) is conducted by a qualified and
impartial mediator who is trained in effec-
tive mediation techniques.
‘‘(B) The State shall maintain a list of in-
dividuals who are qualified mediators and
knowledgeable in laws and regulations relating
to the provision of special education and related
services.
‘‘(C) The State shall bear the cost of the
mediation process.
‘‘(D) Each session in the mediation process
shall be scheduled in a timely manner and shall
be held in a location that is convenient to the
parties to the dispute.
‘‘(E) An agreement reached by the parties
to the dispute in the mediation process shall be
set forth in a written mediation agreement.
‘‘(F) Discussions that occur during the
mediation process shall be confidential and may
not be used as evidence in any subsequent due
process hearings or civil proceedings, and the
parties to the mediation process may be re-
quired to sign a confidentiality pledge prior to
the commencement of such process.
130
‘‘(G) The State shall determine whether or
not attorneys may attend or otherwise partici-
pate in the mediation process after offering the
opportunity for parents and representatives of
school districts to participate in the mediation
process prior to any due process filing without
attorneys present.
‘‘(f) IMPARTIAL DUE PROCESS HEARING.—
‘‘(1) IN GENERAL.—Whenever a complaint has
been received under section 614(d)(3)(B), or sub-
section (b)(6) or (k) of this section, the parents in-
volved in such complaint shall have an opportunity
for an impartial due process hearing which shall be
conducted by the State educational agency or by the
local educational agency, as determined by State law
or by the State educational agency.
‘‘(2) DISCLOSURE OF EVALUATIONS AND REC-
OMMENDATIONS.—
‘‘(A) IN
GENERAL.—At least 10 school
days prior to a hearing conducted pursuant to
paragraph (1), each party shall disclose to all
other parties all evaluations and recommenda-
tions based on the offering party’s evaluations
which the party intends to use at the hearing.
131
‘‘(B) PROHIBITION.—Any party which fails
to meet the requirement of subparagraph (A)
shall be barred from introducing such evalua-
tions and recommendations at such hearing.
‘‘(3) LIMITATION ON CONDUCT OF HEARING.—
A hearing conducted pursuant to paragraph (1) may
not be conducted by an employee of the State edu-
cational agency or the local educational agency in-
volved in the education or care of the child.
‘‘(4) ADDITIONAL
REQUIREMENTS
WITH
RE-
SPECT TO HEARINGS FOR CERTAIN CHILDREN WITH
DISABILITIES.—A hearing conducted pursuant to
paragraph (1) that is based upon a complaint re-
ceived under section 614(d)(3)(B) shall, in addition
to the requirements contained in this subsection,
comply with the following additional requirements:
‘‘(A) In determining whether or not the de-
cision by the IEP Team to change the place-
ment of the child is justified and appropriate,
the hearing officer shall, at a minimum, review
the information under clause (iii) of such sec-
tion.
‘‘(B) The child shall remain in the current
educational placement of the child until the
132
hearing officer reaches a final decision under
this subsection.
‘‘(C) The hearing officer shall make a de-
termination of findings and reach a final deci-
sion not later than 20 days after the first day
of the hearing, or, at the discretion of the hear-
ing officer, not later than 30 days after such
first day of the hearing.
‘‘(D) The placement of the child, including
the placement of the child during any due proc-
ess or judicial proceeding, shall be determined
in accordance with the final decision of the
hearing officer under this subsection, unless the
parents and the State or local educational agen-
cy agree otherwise.
‘‘(g) APPEAL.—If the hearing required by subsection
(f) is conducted by a local educational agency, any party
aggrieved by the findings and decision rendered in such
a hearing may appeal such findings and decision to the
State educational agency. Such agency shall conduct an
impartial review of such decision. The officer conducting
such review shall make an independent decision upon com-
pletion of such review.
134
may appeal such decision under the provisions of
subsection (g) and paragraph (2) of this subsection.
‘‘(2) RIGHT TO BRING CIVIL ACTION.—
‘‘(A) IN GENERAL.—Any party aggrieved
by the findings and decision made under sub-
section (f) who does not have the right to an
appeal under subsection (g), and any party ag-
grieved by the findings and decision under this
subsection, shall have the right to bring a civil
action with respect to the complaint presented
pursuant to this section, which action may be
brought in any State court of competent juris-
diction or in a district court of the United
States without regard to the amount in con-
troversy.
‘‘(B) 
ADDITIONAL
REQUIREMENTS.—In
any action brought under this paragraph the
court—
‘‘(i) shall receive the records of the
administrative proceedings;
‘‘(ii) shall hear additional evidence at
the request of a party; and
‘‘(iii) basing its decision on the pre-
ponderance of the evidence, shall grant
135
such relief as the court determines is ap-
propriate.
‘‘(3) JURISDICTION OF DISTRICT COURTS; AT-
TORNEYS’ FEES.—
‘‘(A) IN GENERAL.—The district courts of
the United States shall have jurisdiction of ac-
tions brought under this section without regard
to the amount in controversy.
‘‘(B) AWARD
OF
ATTORNEYS’ FEES.—In
any action or proceeding brought under this
section, the court, in its discretion, may award
reasonable attorneys’ fees as part of the costs
to the parents of a child or youth with a disabil-
ity who is the prevailing party.
‘‘(C) DETERMINATION OF AMOUNT OF AT-
TORNEYS’ FEES.—Fees awarded under this
paragraph shall be based on rates prevailing in
the community in which the action or proceed-
ing arose for the kind and quality of services
furnished. No bonus or multiplier may be used
in calculating the fees awarded under this sub-
section.
‘‘(D) PROHIBITION OF ATTORNEYS’ FEES
AND
RELATED
COSTS
FOR
CERTAIN
SERV-
ICES.—(i) Attorneys’ fees may not be awarded
136
and related costs may not be reimbursed in any
action or proceeding under this subsection for
services performed subsequent to the time of a
written offer of settlement to a parent if—
‘‘(I) the offer is made within the time
prescribed by Rule 68 of the Federal Rules
of Civil Procedure or, in the case of an ad-
ministrative proceeding, at any time more
than ten days before the proceeding begins;
‘‘(II) the offer is not accepted within
10 days; and
‘‘(III) the court or administrative
hearing officer finds that the relief finally
obtained by the parents is not more favor-
able to the parents than the offer of settle-
ment.
‘‘(ii) Attorneys’ fees may not be awarded
relating to any meeting of the IEP Team unless
such meeting is convened as a result of a judi-
cial action or proceeding.
‘‘(E) EXCEPTION TO PROHIBITION ON AT-
TORNEYS’ FEES
AND
RELATED
COSTS.—Not-
withstanding subparagraph (D), an award of
attorneys’ fees and related costs may be made
to a parent who is the prevailing party and who
137
was substantially justified in rejecting the set-
tlement offer.
‘‘(F) REDUCTION IN AMOUNT OF ATTOR-
NEYS’ FEES.—Except as provided in subpara-
graph (G), whenever the court finds that—
‘‘(i) the parent, during the course of
the action or proceeding, unreasonably pro-
tracted the final resolution of the con-
troversy;
‘‘(ii) the amount of the attorneys’ fees
otherwise authorized to be awarded unrea-
sonably exceeds the hourly rate prevailing
in the community for similar services by
attorneys of reasonably comparable skill
and experience;
‘‘(iii) the time spent and legal services
furnished were excessive considering the
nature of the action or proceeding;
‘‘(iv) the attorney representing the
parent did not provide to the school dis-
trict the appropriate information in the
due process complaint in accordance with
subsection (b)(7); or
138
‘‘(v) the amount of attorneys’ fees re-
quested is not consistent with the extent of
the success of the parents;
the court shall reduce, accordingly, the amount
of the attorneys’ fees awarded under this sub-
section.
‘‘(G) 
EXCEPTION
TO
REDUCTION
IN
AMOUNT
OF
ATTORNEYS’ FEES.—The provi-
sions of subparagraph (F) shall not apply in
any action or proceeding if the court finds that
the State or local educational agency unreason-
ably protracted the final resolution of the action
or proceeding or there was a violation of this
section.
‘‘(j) MAINTENANCE
OF
CURRENT
EDUCATIONAL
PLACEMENT.—Except as provided in subsection (k), dur-
ing the pendency of any proceedings conducted pursuant
to this section, unless the State or local educational agency
and the parents otherwise agree, the child shall remain
in the then current educational placement of such child,
or, if applying for initial admission to a public school,
shall, with the consent of the parents, be placed in the
public school program until all such proceedings have been
completed.
139
‘‘(k) PLACEMENT IN ALTERNATIVE EDUCATIONAL
SETTING.—
‘‘(1) AUTHORITY
OF
SCHOOL
PERSONNEL.—
School personnel under this section may, to the
same extent as a court, order a change in the place-
ment of a child with a disability—
‘‘(A) to an appropriate interim alternative
educational setting, another setting, or suspen-
sion, for not more than 10 school days (to the
extent such alternatives would be applied to
children without disabilities); and
‘‘(B) to an appropriate interim alternative
educational setting for the same amount of time
that a child without a disability would be sub-
ject to discipline, but for not more than an ad-
ditional 45 school days if—
‘‘(i) the child carries a weapon to
school or to a school function under the ju-
risdiction of a State or a local educational
agency;
‘‘(ii) the child possesses or uses illegal
drugs or sells or solicits the sale of medica-
tions or illegal drugs while at school or a
school function under the jurisdiction of a
State or local educational agency; or
140
‘‘(iii) the child causes serious injury
while at school or at a school function
under the jurisdiction of a State or a local
educational agency.
‘‘(2) AUTHORITY
OF
HEARING
OFFICER.—A
hearing officer under this section may, to the same
extent as a court, order a change in the placement
of a child with a disability to an appropriate interim
alternative educational setting for not more than 45
school days if—
‘‘(A) the maintenance of the current place-
ment of such child is substantially likely to re-
sult in injury to the child or to others; and
‘‘(B) the hearing officer—
‘‘(i) determines that the public agency
has demonstrated by substantial evidence
that the requirement of subparagraph (A)
has been met;
‘‘(ii) considers the appropriateness of
the child’s current placement; and
‘‘(iii) considers whether the public
agency has made reasonable efforts to min-
imize the risk of harm including the use of
supplementary aids and services.
141
‘‘(3) DETERMINATION OF SETTING.—The alter-
native educational setting described in paragraph (1)
or paragraph (2) shall be determined by the individ-
ualized education program team.
‘‘(4) MANIFESTATION
DETERMINATION
RE-
VIEW.—
‘‘(A) IN GENERAL.—If a change in place-
ment or disciplinary proceeding, including ex-
pulsion, is contemplated as a result of an action
described in paragraph (1) or paragraph (2)—
‘‘(i) not later than 3 school days after
the date on which such action has been
taken the parents shall be notified of such
action; and
‘‘(ii) not later than 15 school days
after the date on which such action has
been taken a review shall be conducted of
the relationship between the child’s disabil-
ity and the behavior described in para-
graph (1).
‘‘(B) INDIVIDUALS
TO
CARRY
OUT
RE-
VIEW.—A review described in subparagraph (A)
shall be conducted by the IEP Team and other
qualified personnel.
‘‘(C) CONDUCT OF REVIEW.—
142
‘‘(i) IN GENERAL.—In carrying out a
review described in subparagraph (A), the
individuals described in subparagraph (B)
shall consider appropriate factors, includ-
ing—
‘‘(I) the appropriateness of the
child’s placement;
‘‘(II) the consistency of the im-
plementation of the child’s entire IEP,
including the technical soundness of
the behavior strategies used;
‘‘(III) evaluation and diagnostic
results, which may include any such
results supplied by the parents or
guardian of the child; and
‘‘(IV) observations of the child.
‘‘(ii) ADDITIONAL
REQUIREMENTS.—
The IEP Team may determine that the be-
havior of the child was not a manifestation
of such child’s disability only if the IEP
Team first determines that the disability—
‘‘(I) did not impair the ability of
the child to understand the impact
and consequences of the behavior; and
143
‘‘(II) did not impair the ability of
the child to control the behavior.
‘‘(5) DETERMINATION
THAT
BEHAVIOR
WAS
MANIFESTATION
OF
DISABILITY.—If the result of
the review described in paragraph (4) is a deter-
mination that the behavior of the child with a dis-
ability was a manifestation of such child’s disability
and the parents of such child agree with such deter-
mination, the educational placement of such child
may be changed. If the parents do not agree with
such determination or with such changed educational
placement, an immediate appeal may be made to a
hearing officer to determine whether the child’s
placement should be changed. Any party aggrieved
by the determination of the hearing officer may initi-
ate a due process hearing as described in subsection
(f).
‘‘(6) DETERMINATION
THAT
BEHAVIOR
WAS
NOT MANIFESTATION OF DISABILITY.—
‘‘(A) IN GENERAL.—If the result of the re-
view described in paragraph (4) is a determina-
tion that the behavior of the child with a dis-
ability was not a manifestation of such child’s
disability, the relevant disciplinary procedures
applicable to children without disabilities may
144
be applied in the same manner in which they
would be applied to children without disabilities.
If the parents do not agree with such applica-
tion, a due process hearing, as described in sub-
section (f), may be initiated. Any determination
under paragraph (4) that a child’s behavior was
not a manifestation of a disability shall be re-
viewed by a hearing officer under subsection (f),
whether or not the child’s parents request a
hearing, before educational services to the child
may be terminated under this paragraph. Dur-
ing the pendency of such due process proce-
dures, the child shall continue to receive edu-
cational services in the alternative educational
setting.
‘‘(B) SPECIAL
RULE.—Where application
of the relevant disciplinary procedures in sub-
paragraph (A) would result in the expulsion of
the child without the receipt of educational
services, the child may be expelled only if—
‘‘(i) the child carries a weapon to
school or to a school function under the ju-
risdiction of a State or local educational
agency; or
145
‘‘(ii) the child possesses or uses illegal
drugs or sells or solicits the sale of medica-
tions or illegal drugs while at school or a
school function under the jurisdiction of a
State or local educational agency.
‘‘(7) EXPEDITED HEARING.—The State or local
educational agency shall arrange for an expedited
hearing in any case described in this subsection
when requested by the parent.
‘‘(8) ADDITIONAL REQUIREMENTS.—
‘‘(A) MAINTENANCE
OF
ALTERNATIVE
EDUCATIONAL SETTING.— If the parent of a
child described in this section requests a hear-
ing pursuant to subsection (f), the child shall
remain in the alternative educational setting in
which such child was placed during the pend-
ency of any proceedings under this subsection,
unless the parents and the State or local edu-
cational agency agree otherwise.
‘‘(B) PROTECTIONS
FOR
CHILDREN
NOT
YET ELIGIBLE FOR SPECIAL EDUCATION AND
RELATED SERVICES.—
‘‘(i) IN GENERAL.—A child who has
not been determined to be eligible for spe-
cial education and related services under
146
this part and who has engaged in behavior
that violated any rule or code of conduct of
the local educational agency, including any
behavior described in paragraph (1), may
assert any of the protections provided for
in this part if the local educational agency
had knowledge (as determined in accord-
ance with this subparagraph) that the
child was a child with a disability before
the behavior that precipitated the discipli-
nary action occurred.
‘‘(ii) BASIS OF KNOWLEDGE.—A local
educational agency shall be deemed to have
knowledge that a child is a child with a
disability if—
‘‘(I) the parent of the child has
expressed concern in writing (unless
the parent is illiterate or has a dis-
ability that prevents compliance with
the requirements contained in this
subclause) to personnel of the appro-
priate educational agency that the
child is in need of special education
and related services;
147
‘‘(II) the behavior of the child
demonstrates the need for such serv-
ices;
‘‘(III) the parent of the child has
requested an evaluation of the child
pursuant to section 614; or
‘‘(IV) the teacher of the child, or
other personnel of the local edu-
cational agency, has expressed con-
cern about the behavior of the child to
the director of special education of
such agency or to other personnel of
the agency.
‘‘(iii) CONDITIONS THAT APPLY IF NO
BASIS OF KNOWLEDGE.—
‘‘(I) IN
GENERAL.—If a local
educational agency does not have
knowledge that a child is a child with
a disability (in accordance with clause
(ii)) prior to taking disciplinary meas-
ures against the child, the child may
be subjected to the same disciplinary
measures as measures applied to chil-
dren without disabilities, who engaged
148
in comparable behaviors consistent
with paragraph (2).
‘‘(II) LIMITATIONS.—If a request
is made for an evaluation of a child
during the time period in which the
child is subjected to disciplinary meas-
ures under paragraph (1), the evalua-
tion shall be conducted in an expe-
dited manner. If the child is deter-
mined to be a child with a disability,
taking into consideration information
from the evaluation conducted by the
agency and information provided by
the parents, the agency shall provide
special education and related services
in accordance with the provisions of
this part, except that, pending the re-
sults of the evaluation, the child shall
remain in the educational placement
determined by school authorities.
‘‘(C) REFERRAL TO AND ACTION BY LAW
ENFORCEMENT AND JUDICIAL AUTHORITIES.—
Nothing in this part shall be construed to pro-
hibit an agency from reporting a crime commit-
ted by a child with a disability to appropriate
149
authorities or to prevent State law enforcement
and judicial authorities from exercising their re-
sponsibilities with regard to the application of
Federal and State law to crimes committed by
a child with a disability.
‘‘(9) DEFINITIONS.—For purposes of this sub-
section, the following definitions apply:
‘‘(A) ILLEGAL
DRUG.—The term ‘illegal
drug’—
‘‘(i) means a controlled substance
within the meaning of any of paragraphs
(1) through (5) of section 202 of the Con-
trolled Substances Act (21 U.S.C 812); but
‘‘(ii) does not include a controlled sub-
stance within the meaning of paragraphs
(1) through (5) of section 202 of such Act
if—
‘‘(I) such controlled substance is
legally possessed or used under the
supervision of a licensed health care
professional; or
‘‘(II) such controlled substance is
legally possessed or used under any
other authority under such Act or
150
under any other provision of Federal
law.
‘‘(B) SERIOUS INJURY.—The term ‘serious
injury’ means an injury that involves substan-
tial risk of death, extreme physical pain, obvi-
ous or protracted disfigurement, loss of the use
of bodily members or organs, broken bones, or
significant endangerment to an individual’s
emotional health or safety that is the result of
a physical or verbal assault.
‘‘(C) WEAPON.—The term ‘weapon’ has
the meaning given the term ‘dangerous weapon’
under paragraph (2) of the first subsection (g)
of section 930 of title 18, United States Code.
‘‘(l) RULE OF CONSTRUCTION.—Nothing in this part
shall be construed to restrict or limit the rights, proce-
dures, and remedies available under the Constitution, the
Americans with Disabilities Act, title V of the Rehabilita-
tion Act of 1973, or other Federal laws protecting the
rights of children with disabilities, except that before the
filing of a civil action under such laws seeking relief that
is also available under this part, the procedures under sub-
sections (f) and (g) shall be exhausted to the same extent
as would be required had the action been brought under
this part.
151
‘‘(m) TRANSFER OF PARENTAL RIGHTS AT AGE OF
MAJORITY.—
‘‘(1) IN
GENERAL.—A State that receives
amounts from a grant under this part may provide
that, when a child with a disability reaches the age
of majority under State law (except for a child with
a disability who has been determined to be incom-
petent under State law)—
‘‘(A) the public agency shall provide any
notice required by this section to both the indi-
vidual and the parents;
‘‘(B) all other rights accorded to parents
under this part transfer to the child;
‘‘(C) the agency shall notify the individual
and the parents of the transfer of rights; and
‘‘(D) all rights accorded to parents under
this part transfer to children who are incarcer-
ated in an adult or juvenile Federal, State, or
local correctional institution.
‘‘(2) SPECIAL RULE.—If, under State law, a
child with a disability who has reached the age of
majority under State law is determined not to have
the ability to provide informed consent with respect
to the educational program of the child, the State
shall establish procedures for appointing the parent
152
of the child, or another appropriate individual, to
represent the educational interests of the child
throughout the period of eligibility of the child under
this part.
‘‘SEC. 616. WITHHOLDING AND JUDICIAL REVIEW.
‘‘(a) WITHHOLDING OF PAYMENTS.—
‘‘(1) IN
GENERAL.—Whenever the Secretary,
after reasonable notice and opportunity for hearing
to the State educational agency involved (and to any
local educational agency or State agency affected by
any failure described in subparagraph (B)), finds—
‘‘(A) that there has been a failure by the
State to comply substantially with any provision
of this part; or
‘‘(B) that there is a failure to comply with
any condition of a local educational agency’s or
State agency’s eligibility under this part;
the Secretary shall, after notifying the State edu-
cational agency, withhold any further payments to
the State under this part.
‘‘(2) NATURE OF WITHHOLDING.—If the Sec-
retary withholds further payments under paragraph
(1), the Secretary may determine that such with-
holding will be limited to programs or projects, or
portions thereof, affected by the failure, or that the
153
State educational agency shall not make further pay-
ments under this part to specified local educational
agencies or State agencies affected by the failure.
Until the Secretary is satisfied that there is no
longer any failure to comply with the provisions of
this part, as specified in subparagraph (A) or (B) of
paragraph (1), no further payments shall be made to
the State under this part, or payments by the State
educational agency under this part shall be limited
to local educational agencies and State agencies
whose actions did not cause or were not involved in
the failure, as the case may be. Any State edu-
cational agency, State agency, or local educational
agency that has received notice under paragraph (1)
shall, by means of a public notice, take such meas-
ures as may be necessary to bring the pendency of
an action pursuant to this subsection to the atten-
tion of the public within the jurisdiction of such
agency.
‘‘(b) JUDICIAL REVIEW.—
‘‘(1) IN GENERAL.—If any State is dissatisfied
with the Secretary’s final action with respect to the
eligibility of the State under section 612, such State
may, not later than 60 days after notice of such ac-
tion, file with the United States court of appeals for
154
the circuit in which such State is located a petition
for review of that action. A copy of the petition shall
be forthwith transmitted by the clerk of the court to
the Secretary. The Secretary thereupon shall file in
the court the record of the proceedings upon which
the Secretary’s action was based, as provided in sec-
tion 2112 of title 28, United States Code.
‘‘(2) 
JURISDICTION; 
REVIEW
BY
UNITED
STATES SUPREME COURT.—Upon the filing of such
petition, the court shall have jurisdiction to affirm
the action of the Secretary or to set it aside, in
whole or in part. The judgment of the court shall be
subject to review by the Supreme Court of the Unit-
ed States upon certiorari or certification as provided
in section 1254 of title 28, United States Code.
‘‘(3) STANDARD OF REVIEW.—The findings of
fact by the Secretary, if supported by substantial
evidence, shall be conclusive, but the court, for good
cause shown, may remand the case to the Secretary
to take further evidence, and the Secretary may
thereupon make new or modified findings of fact and
may modify the Secretary’s previous action, and
shall file in the court the record of the further pro-
ceedings. Such new or modified findings of fact shall
155
likewise be conclusive if supported by substantial evi-
dence.
‘‘SEC. 617. ADMINISTRATION.
‘‘(a) RESPONSIBILITIES OF SECRETARY.—In carry-
ing out this part, the Secretary shall—
‘‘(1) cooperate with, and (directly or by grant
or contract) furnish technical assistance necessary
to, the State in matters relating to—
‘‘(A) the education of children with disabil-
ities; and
‘‘(B) carrying out this part; and
‘‘(2) provide short-term training programs and
institutes.
‘‘(b) RULES AND REGULATIONS.—In carrying out
the provisions of this part, the Secretary shall issue regu-
lations under this Act only to the extent that such regula-
tions are necessary to ensure that there is compliance with
the specific requirements of this Act.
‘‘(c) CONFIDENTIALITY.—The Secretary shall take
appropriate action, in accordance with the provisions of
section 444 of the General Education Provisions Act (20
U.S.C. 1232g), to assure the protection of the confiden-
tiality of any personally identifiable data, information, and
records collected or maintained by the Secretary and by
156
State and local educational agencies pursuant to the provi-
sions of this part.
‘‘(d) PERSONNEL.—The Secretary is authorized to
hire qualified personnel necessary to conduct data collec-
tion and evaluation activities authorized by subsection (a)
and section 618 without regard to the provisions of title
5, United States Code, relating to appointments in the
competitive service and without regard to chapter 51 and
subchapter III of chapter 53 of such title relating to classi-
fication and general schedule pay rates, except that no
more than twenty such personnel shall be employed at any
time.
‘‘SEC. 618. PROGRAM INFORMATION.
‘‘(a) IN GENERAL.—Each State that receives assist-
ance under this part, and the Secretary of the Interior,
shall provide data, which may be based on a sampling of
data, each year to the Secretary on—
‘‘(1) the number of children, categorized by
race, ethnicity, gender, and disability, who are re-
ceiving—
‘‘(A) a free appropriate public education;
or
‘‘(B) early intervention services because—
‘‘(i) such children have developmental
delays; or
157
‘‘(ii) such children have a diagnosed
physical or mental condition that has a
high probability of resulting in devel-
opmental delay;
‘‘(2) the progress of the State, and of the chil-
dren with disabilities in the State, toward meeting
the goals established under section 612(14);
‘‘(3) the types of early intervention services pro-
vided to such children;
‘‘(4) the number of children with disabilities,
categorized by race, ethnicity, gender, and disabil-
ity—
‘‘(A) participating in regular education
programs;
‘‘(B) in separate classes, separate schools
or facilities, or public or private residential fa-
cilities;
‘‘(C) who have been otherwise removed
from the regular education environment; and
‘‘(D) in various early intervention settings;
‘‘(5) for each year of age from age 14 to 21,
the number of children with disabilities, categorized
by race, ethnicity, gender, and disability, who, be-
cause of program completion or for other reasons,
stopped receiving special education, and the reasons
158
why such children stopped receiving such special
education;
‘‘(6)(A) the number of children with disabilities,
categorized by race, ethnicity, gender, and disability,
who, under section 615(k), are removed to an in-
terim alternative educational setting;
‘‘(B) the acts or items precipitating such re-
movals; and
‘‘(C) the number of children with disabilities
who are expelled from school without receiving serv-
ices; and
‘‘(7) any other information required by the Sec-
retary.
‘‘(b) DISPROPORTIONALITY.—
‘‘(1) IN GENERAL.—Each State that receives
assistance under this part, and the Secretary of the
Interior, shall provide for the collection and exam-
ination 
of 
data 
to 
determine 
if 
significant
disproportionality based on race is occurring in the
State with respect to—
‘‘(A) the identification of children as chil-
dren with disabilities, including the identifica-
tion of children as children with disabilities in
accordance with a particular impairment de-
scribed in section 602(3); and
159
‘‘(B) the placement in particular edu-
cational settings of such children.
‘‘(2) REVIEW
AND
REVISION
OF
POLICIES,
PRACTICES, AND PROCEDURES.—In the case of a de-
termination of significant disproportionality with re-
spect to the identification of children as children
with disabilities, or the placement in particular edu-
cational settings of such children, in accordance with
paragraph (1), the State or the Secretary of the In-
terior, as the case may be, shall provide for the re-
view and, if appropriate, revision of the policies, pro-
cedures, and practices used in such identification or
placement to ensure that such policies, procedures,
and practices comply with the requirements of this
Act.
‘‘SEC. 619. PRESCHOOL GRANTS.
‘‘(a) IN GENERAL.—The Secretary shall provide
grants under this section to assist States to provide special
education and related services, in accordance with this
part—
‘‘(1) to children with disabilities aged 3 to 5, in-
clusive; and
‘‘(2) at the State’s discretion, to 2-year-old chil-
dren with disabilities who will turn 3 during the
school year.
160
‘‘(b) ELIGIBILITY.—A State shall be eligible for a
grant under this section if such State—
‘‘(1) is eligible under section 612 to receive a
grant under this part; and
‘‘(2) makes a free appropriate public education
available to all children with disabilities, aged 3 to
5, inclusive, residing in the State.
‘‘(c) AMOUNT.—
‘‘(1) IN GENERAL.—From the amount appro-
priated for any fiscal year pursuant to the author-
ization of appropriations under subsection (m), the
Secretary shall allot to each eligible State the
amount it received for fiscal year 1996 under this
section (as this section was in effect on the day be-
fore the date of the enactment of the IDEA Im-
provement Act of 1996).
‘‘(2) INSUFFICIENT FUNDS.—
‘‘(A) IN GENERAL.—If the amount appro-
priated under subsection (m) for a fiscal year is
insufficient to make the full allotments de-
scribed in paragraph (1), the Secretary shall—
‘‘(i) first, reduce the allocation to any
State whose number of children aged 3 to
5, inclusive, is less than the number of
such children in such State in fiscal year
161
1995 by the same percentage by which
such number of children declined from the
number of children in fiscal year 1995; and
‘‘(ii) second, if necessary, ratably re-
duce the allocations of all States, including
those allocations reduced under clause (i).
‘‘(B) 
AVAILABILITY
OF
ADDITIONAL
FUNDS.—If additional funds become available
to make allocations under this section, the allo-
cations that were reduced under subparagraph
(A) shall be increased on the same basis as
such allocations were reduced.
‘‘(d) ALLOTMENT
OF REMAINING FUNDS.—After
making allotments under subsection (c), the Secretary
shall allot any remaining funds to eligible States on the
basis of their relative population of children aged 3 to 5,
inclusive.
‘‘(e) SPECIAL RULE WITH RESPECT
TO PUERTO
RICO.—Notwithstanding any other provision of this sub-
section, the amount allotted to Puerto Rico for a fiscal
year shall bear the same or lower proportion to the amount
appropriated pursuant to subsection (m) as the amount
received by Puerto Rico under this section for fiscal year
1996 bears to the aggregate of the amounts received by
all States under this section for fiscal year 1996.
162
‘‘(f) DETERMINATION OF POPULATION FIGURES.—
For the purpose of providing grants under this section,
the Secretary shall use the most recent population data
that are available and satisfactory to the Secretary.
‘‘(g) RESERVATION
FOR
STATE
ACTIVITIES.—A
State may reserve not more than 25 percent of the amount
allotted to the State under this section for a fiscal year
for administration and other State-level activities in ac-
cordance with subsections (h) and (i).
‘‘(h) STATE ADMINISTRATION.—
‘‘(1) IN GENERAL.—A State may use up to 3
percent of the amount allotted to the State under
this section for a fiscal year for the purpose of ad-
ministering this section, including the coordination
of activities under this part with, and providing
technical assistance to, other programs that provide
services to children with disabilities.
‘‘(2) USE OF AMOUNTS FOR ADMINISTRATION
OF PART C.—If the State educational agency is the
lead agency for the State under part C, amounts de-
scribed in paragraph (1) may also be used for the
administration of such part C.
‘‘(i) OTHER STATE-LEVEL ACTIVITIES.—Each State
shall use any funds it retains under subsection (g) and
does not use for administration under subsection (h)—
163
‘‘(1) for support services (including establishing
and implementing the mediation process required by
section 615(d)), which may benefit children with dis-
abilities younger than 3 or older than 5 as long as
those services also benefit children with disabilities
aged 3 to 5, inclusive;
‘‘(2) for direct services for children eligible for
services under this section;
‘‘(3) to develop a State improvement plan under
part D;
‘‘(4) for activities at the State and local levels
to meet the performance goals established by the
State under section 612(a)(14) and to support im-
plementation of the State improvement plan under
part D if the State receives funds under that part;
or
‘‘(5) to supplement other funds used to develop
and implement a Statewide coordinated services sys-
tem designed to improve results for children and
families, including children with disabilities and their
families, but not to exceed one percent of the
amount received by the State under this section for
a fiscal year.
‘‘(j) SUBGRANTS TO LOCAL EDUCATIONAL AGEN-
CIES.—
164
‘‘(1) REQUIREMENT
TO
MAKE
SUBGRANTS.—
Each State that receives a grant under this section
for any fiscal year shall distribute at least 75 per-
cent of the grant funds to local educational agencies
in the State, and to State agencies that received
funds under section 614A(a) (as such section was in
effect on the day before the date of the enactment
of the IDEA Improvement Act of 1996) for fiscal
year 1996, that have established their eligibility
under section 613.
‘‘(2) METHODS
OF
DISTRIBUTION.—A State
may distribute funds under paragraph (1) on the
basis of—
‘‘(A) total school age population;
‘‘(B) school enrollment;
‘‘(C) numbers of children with disabilities
aged 3 to 5, inclusive, receiving a free appro-
priate public education;
‘‘(D) allocations for previous fiscal years;
‘‘(E) any two or more of the factors de-
scribed in subparagraphs (A) through (D); or
‘‘(F) poverty, in combination with one or
more of the factors described in subparagraphs
(A) through (D).
165
‘‘(k) PART C INAPPLICABLE.—Part C of this Act
does not apply to any child with a disability receiving a
free appropriate public education, in accordance with this
part, with funds received under this section.
‘‘(l) PROHIBITION ON CONSOLIDATION OF GRANTS
FOR TERRITORIES.—The provisions of section 501 of
Public Law 95–134 (48 U.S.C. 1469a; relating to the con-
solidation of one or more grants provided to certain terri-
tories) shall not apply with respect to amounts provided
to a territory under a grant under this section.
‘‘(m) AUTHORIZATION
OF APPROPRIATIONS.—For
the purpose of carrying out this section, there are author-
ized to be appropriated to the Secretary such sums as may
be necessary.
‘‘PART C—INFANTS AND TODDLERS WITH
DISABILITIES
‘‘SEC. 631. FINDINGS AND POLICY.
‘‘(a) FINDINGS.—The Congress finds that there is an
urgent and substantial need—
‘‘(1) to enhance the development of infants and
toddlers with disabilities and to minimize their po-
tential for developmental delay;
‘‘(2) to reduce the educational costs to our soci-
ety, including our Nation’s schools, by minimizing
the need for special education and related services
166
after infants and toddlers with disabilities reach
school age;
‘‘(3) to minimize the likelihood of institutional-
ization of individuals with disabilities and maximize
the potential for their independently living in society;
‘‘(4) to enhance the capacity of families to meet
the special needs of their infants and toddlers with
disabilities; and
‘‘(5) to enhance the capacity of State and local
agencies and service providers to identify, evaluate,
and meet the needs of historically underrepresented
populations, particularly minority, low-income, inner-
city, and rural populations.
‘‘(b) POLICY.—It is therefore the policy of the United
States to provide financial assistance to States—
‘‘(1) to develop and implement a statewide,
comprehensive, coordinated, multidisciplinary, inter-
agency system of early intervention services for in-
fants and toddlers with disabilities and their fami-
lies;
‘‘(2) to facilitate the coordination of payment
for early intervention services from Federal, State,
local, and private sources (including public and pri-
vate insurance coverage); and
167
‘‘(3) to enhance their capacity to provide qual-
ity early intervention services and expand and im-
prove existing early intervention services being pro-
vided to infants and toddlers with disabilities and
their families.
‘‘SEC. 632. DEFINITIONS.
‘‘As used in this part:
‘‘(1) AT-RISK INFANT OR TODDLER.—The term
‘at-risk infant or toddler’ means an individual under
3 years of age who would be at risk of experiencing
a substantial developmental delay if early interven-
tion services were not provided to the individual.
‘‘(2) COUNCIL.—The term ‘council’ means a
State interagency coordinating council established
under section 641.
‘‘(3) DEVELOPMENTAL DELAY.—The term ‘de-
velopmental delay’, when used with respect to an in-
dividual residing in a State, has the meaning given
such term by the State under section 635(a)(1).
‘‘(4) EARLY
INTERVENTION
SERVICES.—The
term ‘early intervention services’ means developmen-
tal services which—
‘‘(A) are provided under public supervision;
‘‘(B) are provided at no cost except where
Federal or State law provides for a system of
168
payments by families, including a schedule of
sliding fees;
‘‘(C) are designed to meet the developmen-
tal needs of an infant or toddler with a disabil-
ity in any one or more of the following areas—
‘‘(i) physical development;
‘‘(ii) cognitive development;
‘‘(iii) communication development;
‘‘(iv) social or emotional development;
or
‘‘(v) adaptive development;
‘‘(D) meet the standards of the State in
which they are provided, including the require-
ments of this part;
‘‘(E) include—
‘‘(i) family training, counseling, and
home visits;
‘‘(ii) special instruction;
‘‘(iii) speech-language pathology and
audiology services;
‘‘(iv) occupational therapy;
‘‘(v) physical therapy;
‘‘(vi) psychological services;
‘‘(vii) service coordination services;
169
‘‘(viii) medical services only for diag-
nostic or evaluation purposes;
‘‘(ix) early identification, screening,
and assessment services;
‘‘(x) health services necessary to en-
able the infant or toddler to benefit from
the other early intervention services;
‘‘(xi) social work services;
‘‘(xii) vision services;
‘‘(xiii) assistive technology devices and
assistive technology services; and
‘‘(xiv) transportation and related costs
that are necessary to enable an infant or
toddler and the infant’s or toddler’s family
to receive another service described in this
paragraph;
‘‘(F) are provided by qualified personnel,
including—
‘‘(i) special educators;
‘‘(ii) speech-language pathologists and
audiologists;
‘‘(iii) occupational therapists;
‘‘(iv) physical therapists;
‘‘(v) psychologists;
‘‘(vi) social workers;
170
‘‘(vii) nurses;
‘‘(viii) nutritionists;
‘‘(ix) family therapists;
‘‘(x) orientation and mobility special-
ists; and
‘‘(xi) pediatricians and other physi-
cians;
‘‘(G) to the maximum extent appropriate,
are provided in natural environments, including
the home, and community settings in which
children without disabilities participate; and
‘‘(H) are provided in conformity with an
individualized family service plan adopted in ac-
cordance with section 636.
‘‘(5) INFANT
OR
TODDLER
WITH
A
DISABIL-
ITY.—The term ‘infant or toddler with a disabil-
ity’—
‘‘(A) means an individual under 3 years of
age who needs early intervention services be-
cause the individual—
‘‘(i) is experiencing developmental
delays, as measured by appropriate diag-
nostic instruments and procedures in one
or more of the areas of cognitive develop-
ment, physical development, communica-
171
tion development, social or emotional devel-
opment, and adaptive development; or
‘‘(ii) has a diagnosed physical or men-
tal condition which has a high probability
of resulting in developmental delay; and
‘‘(B) may also include, at a State’s discre-
tion, at-risk infants and toddlers.
‘‘SEC. 633. GENERAL AUTHORITY.
‘‘The Secretary shall, in accordance with this part,
make grants to States (from their allocations under sec-
tion 643) to assist each State to maintain and implement
a statewide, comprehensive, coordinated, multidisciplinary,
interagency system to provide early intervention services
for infants and toddlers with disabilities and their families.
‘‘SEC. 634. ELIGIBILITY.
‘‘In order to be eligible for a grant under section 633,
a State shall demonstrate to the Secretary that the
State—
‘‘(1) has adopted a policy that appropriate early
intervention services are available to all infants and
toddlers with disabilities in the State and their fami-
lies, including Indian infants and toddlers with dis-
abilities and their families residing on a reservation
geographically located in the State; and
172
‘‘(2) has in effect a statewide system that meets
the requirements of section 635.
‘‘SEC. 635. REQUIREMENTS FOR STATEWIDE SYSTEM.
‘‘(a) IN GENERAL.—A statewide system described in
section 633 shall include, at a minimum, the following
components:
‘‘(1) A definition of the term ‘developmental
delay’ that will be used by the State in carrying out
programs under this part.
‘‘(2) A timely, comprehensive, multidisciplinary
evaluation of the functioning of each infant or tod-
dler with a disability in the State, and a family-
directed identification of the needs of each family of
such an infant or toddler, to appropriately assist in
the development of the infant or toddler.
‘‘(3) For each infant or toddler with a disability
in the State, an individualized family service plan in
accordance with section 636, including service co-
ordination services in accordance with such service
plan.
‘‘(4) A comprehensive child find system, con-
sistent with part B, including a system for making
referrals to service providers that includes timelines
and provides for participation by primary referral
sources.
173
‘‘(5) A public awareness program focusing on
early identification of infants and toddlers with dis-
abilities, including the preparation and dissemination
by the lead agency designated or established under
paragraph (8) to all primary referral sources, espe-
cially hospitals and physicians, of information for
parents on the availability of early intervention serv-
ices, and procedures for determining the extent to
which such sources disseminate such information to
parents of infants and toddlers.
‘‘(6) A central directory which includes infor-
mation on early intervention services, resources, and
experts available in the State and research and dem-
onstration projects being conducted in the State.
‘‘(7) A comprehensive system of personnel de-
velopment, including the training of paraprofes-
sionals and the training of primary referral sources
respecting the basic components of early intervention
services available in the State, that is consistent
with the comprehensive system of personnel develop-
ment described in section 612(a)(13) (or with the
personnel development requirements for State im-
provement plans under section 683) and may in-
clude—
174
‘‘(A) implementing innovative strategies
and activities for the recruitment and retention
of early education service providers;
‘‘(B) promoting the preparation of early
intervention providers who are fully and appro-
priately qualified to provide early intervention
services under this part;
‘‘(C) training personnel to work in rural
and inner city areas; and
‘‘(D) training personnel to coordinate tran-
sition services for infants and toddlers served
under this part from an early intervention pro-
gram under this part to preschool or other ap-
propriate services.
‘‘(8) Policies and procedures relating to the es-
tablishment and maintenance of standards to ensure
that personnel necessary to carry out this part are
appropriately and adequately prepared and trained,
including—
‘‘(A) the establishment and maintenance of
standards which are consistent with any State
approved or recognized certification, licensing,
registration, or other comparable requirements
which apply to the area in which such personnel
are providing early intervention services; and
175
‘‘(B) subject to subsection (b), to the ex-
tent such standards are not based on the high-
est requirements in the State applicable to a
specific profession or discipline, the steps the
State is taking to require the retraining or hir-
ing of personnel that meet appropriate profes-
sional requirements in the State;
except that nothing in this part, including this para-
graph, prohibits the use of paraprofessionals and as-
sistants who are appropriately trained and super-
vised, in accordance with State law, regulations, or
written policy, to assist in the provision of early
intervention services to infants and toddlers with
disabilities under this part.
‘‘(9) A single line of responsibility in a lead
agency designated or established by the Governor for
carrying out—
‘‘(A) the general administration and super-
vision of programs and activities receiving as-
sistance under section 633, and the monitoring
of programs and activities used by the State to
carry out this part, whether or not such pro-
grams or activities are receiving assistance
made available under section 633, to ensure
that the State complies with this part;
176
‘‘(B) the identification and coordination of
all available resources within the State from
Federal, State, local and private sources;
‘‘(C) the assignment of financial respon-
sibility in accordance with section 637(a)(1) to
the appropriate agencies;
‘‘(D) the development of procedures to en-
sure that services are provided to infants and
toddlers and their families under this part in a
timely manner pending the resolution of any
disputes among public agencies or service pro-
viders;
‘‘(E) the resolution of intra- and inter-
agency disputes; and
‘‘(F) the entry into formal interagency
agreements that define the financial responsibil-
ity of each agency for paying for early interven-
tion services (consistent with State law) and
procedures for resolving disputes and that in-
clude all additional components necessary to en-
sure meaningful cooperation and coordination.
‘‘(10) A policy pertaining to the contracting or
making of other arrangements with service providers
to provide early intervention services in the State,
consistent with the provisions of this part, including
177
the contents of the application used and the condi-
tions of the contract or other arrangements.
‘‘(11) A procedure for securing timely reim-
bursement of funds used under this part in accord-
ance with section 640(a).
‘‘(12) Procedural safeguards with respect to
programs under this part, as required by section
639.
‘‘(13) A system for compiling data requested by
the Secretary under section 618 that relates to this
part.
‘‘(14) A State interagency coordinating council
that meets the requirements of section 641.
‘‘(15) Policies and procedures to ensure that,
consistent with section 636(d)(5)—
‘‘(A) to the maximum extent appropriate,
early intervention services are provided in natu-
ral environments; and
‘‘(B) the provision of early intervention
services for any infant or toddler occurs in a
setting other than a natural environment only
when early intervention cannot be achieved sat-
isfactorily for such infant or toddler in a natu-
ral environment.
178
‘‘(b) MODIFICATION
OF
PERSONNEL
REQUIRE-
MENT.—If a State determines that the requirement of
subsection (a)(8)(B) would significantly inhibit the ability
of the State to contract with, or employ, an appropriate
number and types of personnel to provide early interven-
tion services to infants and toddlers with disabilities in
a geographic region, the State may, subject to public no-
tice and comment, temporarily suspend the requirement
for the region, in a manner consistent with State law and
for a period not exceeding 3 years, with respect to the
most qualified available individuals in shortage areas who
are making annual progress in applicable coursework.
‘‘SEC. 636. INDIVIDUALIZED FAMILY SERVICE PLAN.
‘‘(a) ASSESSMENT AND PROGRAM DEVELOPMENT.—
A statewide system described in section 633 shall provide,
at a minimum, for each infant or toddler with a disability,
and the infant’s or toddler’s family, to receive—
‘‘(1) a multidisciplinary assessment of the
unique strengths and needs of the infant or toddler
and the identification of services appropriate to meet
such needs;
‘‘(2) a family-directed assessment of the re-
sources, priorities, and concerns of the family and
the identification of the supports and services nec-
179
essary to enhance the family’s capacity to meet the
developmental needs of the infant or toddler; and
‘‘(3) a written individualized family service plan
developed by a multidisciplinary team, including the
parents, as required by subsection (e).
‘‘(b) PERIODIC REVIEW.—The individualized family
service plan shall be evaluated once a year and the family
shall be provided a review of the plan at 6-month intervals
(or more often where appropriate based on infant or tod-
dler and family needs).
‘‘(c) PROMPTNESS AFTER ASSESSMENT.—The indi-
vidualized family service plan shall be developed within a
reasonable time after the assessment required by sub-
section (a)(1) is completed. With the parents’ consent,
early intervention services may commence prior to the
completion of such assessment.
‘‘(d) CONTENT OF PLAN.—The individualized family
service plan shall be in writing and contain—
‘‘(1) a statement of the infant’s or toddler’s
present levels of physical development, cognitive de-
velopment, communication development, social or
emotional development, and adaptive development,
based on objective criteria;
‘‘(2) a statement of the family’s resources, pri-
orities, and concerns relating to enhancing the devel-
180
opment of the family’s infant or toddler with a dis-
ability;
‘‘(3) a statement of the major outcomes ex-
pected to be achieved for the infant or toddler and
the family, and the criteria, procedures, and
timelines used to determine the degree to which
progress toward achieving the outcomes is being
made and whether modifications or revisions of the
outcomes or services are necessary;
‘‘(4) a statement of specific early intervention
services necessary to meet the unique needs of the
infant or toddler and the family, including the fre-
quency, intensity, and method of delivering services;
‘‘(5) a statement of the natural environments in
which early intervention services shall appropriately
be provided, including a justification of the extent,
if any, to which such services will not be provided in
a natural environment;
‘‘(6) the projected dates for initiation of serv-
ices and the anticipated duration of such services;
‘‘(7) the identification of the service coordinator
from the profession most immediately relevant to the
infant’s or toddler’s or family’s needs (or who is oth-
erwise qualified to carry out all applicable respon-
sibilities under this part) who will be responsible for
181
the implementation of the plan and coordination
with other agencies and persons; and
‘‘(8) the steps to be taken to support the transi-
tion of the toddler with a disability to preschool or
other appropriate services.
‘‘(e) PARENTAL CONSENT.—The contents of the indi-
vidualized family service plan shall be fully explained to
the parents and informed written consent from such par-
ents shall be obtained prior to the provision of early inter-
vention services described in such plan. If such parents
do not provide such consent with respect to a particular
early intervention service, then the early intervention serv-
ices to which such consent is obtained shall be provided.
‘‘SEC. 637. STATE APPLICATION AND ASSURANCES.
‘‘(a) APPLICATION.—A State desiring to receive a
grant under section 633 shall submit an application to the
Secretary at such time and in such manner as the Sec-
retary may reasonably require. Such application shall con-
tain—
‘‘(1) a designation of the lead agency in the
State that will be responsible for the administration
of funds provided under section 633;
‘‘(2) a designation of a person responsible for
assigning financial responsibility among appropriate
agencies;
182
‘‘(3) information demonstrating eligibility of the
State under section 634, including—
‘‘(A) information demonstrating to the
Secretary’s satisfaction that the State has in ef-
fect the statewide system required by section
633; and
‘‘(B) a description of services to be pro-
vided to infants and toddlers with disabilities
and their families through the system;
‘‘(4) a description of the uses for which funds
will be expended in accordance with this part;
‘‘(5) a description of the procedure used to en-
sure that resources are made available under this
part for all geographic areas within the State;
‘‘(6) a description of State policies and proce-
dures that ensure that, prior to the adoption by the
State of any other policy or procedure necessary to
meet the requirements of this part, there are public
hearings, adequate notice of the hearings, and an
opportunity for comment available to the general
public, including individuals with disabilities and
parents of infants and toddlers with disabilities;
‘‘(7) a description of the policies and procedures
to be used—
183
‘‘(A) to ensure a smooth transition for tod-
dlers receiving early intervention services under
this part to preschool or other appropriate serv-
ices, including a description of how—
‘‘(i) the families of such toddlers will
be included in the transition plans required
by subparagraph (C); and
‘‘(ii) the lead agency designated or es-
tablished under section 635(a) will—
‘‘(I) notify the local educational
agency for the area in which such a
child resides that the child will shortly
reach the age of eligibility for pre-
school services under part B, as deter-
mined in accordance with State law;
‘‘(II) in the case of such a child
who may be eligible for such preschool
services, with the approval of the fam-
ily of the child, convene a conference
among the lead agency, the family,
and the local educational agency at
least 90 days (and at the discretion of
all such parties, up to 6 months) be-
fore the child is eligible for the pre-
school services, to discuss any such
184
services that the child may receive;
and
‘‘(III) in the case of such a child
who may not be eligible for such pre-
school services, with the approval of
the family, make reasonable efforts to
convene a conference among the lead
agency, the family, and providers of
other appropriate services for children
who are not eligible for preschool serv-
ices under part B, to discuss the ap-
propriate services that the child may
receive;
‘‘(B) to review the child’s program options
for the period from the child’s third birthday
through the remainder of the school year; and
‘‘(C) to establish a transition plan; and
‘‘(8) such other information and assurances as
the Secretary may reasonably require.
‘‘(b) ASSURANCES.—The application described in
subsection (a) shall contain the following:
‘‘(1) A satisfactory assurance that the State
will—
‘‘(A) make such reports in such form and
containing such information as the Secretary
185
may require to carry out the Secretary’s func-
tions under this part; and
‘‘(B) keep such records and afford such ac-
cess thereto as the Secretary may find nec-
essary to assure the correctness and verification
of such reports and proper disbursement of
Federal funds under this part.
‘‘(2) A satisfactory assurance that Federal
funds made available under section 633 will be used
to supplement and increase the level of State and
local funds expended for infants and toddlers with
disabilities and their families under this part and in
no case to supplant such State and local funds.
‘‘(3) Such other information and assurances as
the Secretary may reasonably require by regulation.
‘‘(c) STANDARD
FOR DISAPPROVAL
OF APPLICA-
TION.—The Secretary may not disapprove such an appli-
cation unless the Secretary determines, after notice and
opportunity for a hearing, that the application fails to
comply with the requirements of this section.
‘‘(d) SUBSEQUENT STATE APPLICATION.—If a State
has on file with the Secretary a policy, procedure, or as-
surance that demonstrates that the State meets a require-
ment of this section, including any policy or procedure
filed under part H (as in effect before the date of the en-
186
actment of the IDEA Improvement Act of 1996), the Sec-
retary shall consider the State to have met the require-
ment for purposes of receiving a grant under this part.
‘‘(e) MODIFICATION OF APPLICATION.—An applica-
tion submitted by a State in accordance with this section
shall remain in effect until the State submits to the Sec-
retary such modifications as the State determines nec-
essary. This section shall apply to a modification of an
application to the same extent and in the same manner
as this section applies to the original application.
‘‘SEC. 638. USES OF FUNDS.
‘‘In addition to using funds provided under section
633 to maintain and implement the statewide system re-
quired by such section, a State may use such funds—
‘‘(1) for direct early intervention services for in-
fants and toddlers with disabilities, and their fami-
lies, under this part that are not otherwise funded
through other public or private sources;
‘‘(2) to expand and improve on services for in-
fants and toddlers and their families under this part
that are otherwise available; and
‘‘(3) to provide a free appropriate public edu-
cation, in accordance with part B, to children with
disabilities from their third birthday to the begin-
ning of the following school year.
187
‘‘SEC. 639. PROCEDURAL SAFEGUARDS.
‘‘(a) MINIMUM PROCEDURES.—The procedural safe-
guards required to be included in a statewide system
under section 635(a)(10) shall provide, at a minimum, the
following:
‘‘(1) The timely administrative resolution of
complaints by parents. Any party aggrieved by the
findings and decision regarding an administrative
complaint shall have the right to bring a civil action
with respect to the complaint in any State court of
competent jurisdiction or in a district court of the
United States without regard to the amount in con-
troversy. In any action brought under this para-
graph, the court shall receive the records of the ad-
ministrative proceedings, shall hear additional evi-
dence at the request of a party, and, basing its deci-
sion on the preponderance of the evidence, shall
grant such relief as the court determines is appro-
priate.
‘‘(2) The right to confidentiality of personally
identifiable information, including the right of par-
ents to written notice of and written consent to the
exchange of such information among agencies con-
sistent with Federal and State law.
‘‘(3) The right of the parents to determine
whether they, their infant or toddler, or other family
188
members will accept or decline any early intervention
service under this part in accordance with State law
without jeopardizing other early intervention services
under this part.
‘‘(4) The opportunity for parents to examine
records relating to assessment, screening, eligibility
determinations, and the development and implemen-
tation of the individualized family service plan.
‘‘(5) Procedures to protect the rights of the in-
fant or toddler whenever the parents of the child are
not known or cannot be found or the child is a ward
of the State, including the assignment of an individ-
ual (who shall not be an employee of the State or
any person, or any employee of a person, providing
early intervention services to the infant or toddler or
any family member of the infant or toddler) to act
as a surrogate for the parents.
‘‘(6) Written prior notice to the parents of the
infant or toddler with a disability whenever the State
agency or service provider proposes to initiate or
change or refuses to initiate or change the identifica-
tion, evaluation, placement, or the provision of ap-
propriate early intervention services to the infant or
toddler with a disability.
189
‘‘(7) Procedures designed to assure that the no-
tice required by paragraph (6) fully informs the par-
ents, in the parents’ native language, unless it clear-
ly is not feasible to do so, of all procedures available
pursuant to this section.
‘‘(8) The right of parents to use mediation in
accordance with section 615(e), except that—
‘‘(A) any reference in such section to a
State educational agency shall be considered to
be a reference to a State’s lead agency estab-
lished or designated under section 635(a)(8);
‘‘(B) any reference in such section to a
local educational agency shall be considered to
be a reference to a local service provider or the
State’s lead agency under this part, as the case
may be; and
‘‘(C) any reference in such section to the
provision of free appropriate public education to
children with disabilities shall be considered to
be a reference to the provision of appropriate
early intervention services to infants and tod-
dlers with disabilities.
‘‘(b) SERVICES DURING PENDENCY OF PROCEED-
INGS.—During the pendency of any proceeding or action
involving a complaint by the parents of an infant or tod-
190
dler with a disability, unless the State agency and the par-
ents otherwise agree, the infant or toddler shall continue
to receive the appropriate early intervention services cur-
rently being provided or, if applying for initial services,
shall receive the services not in dispute.
‘‘SEC. 640. PAYOR OF LAST RESORT.
‘‘(a) NONSUBSTITUTION.—Funds provided under
section 643 may not be used to satisfy a financial commit-
ment for services which would have been paid for from
another public or private source but for the enactment of
this part, except that whenever considered necessary to
prevent a delay in the receipt of appropriate early inter-
vention services by an infant, toddler, or family in a timely
fashion, funds provided under section 643 may be used
to pay the provider of services pending reimbursement
from the agency which has ultimate responsibility for the
payment.
‘‘(b) REDUCTION OF OTHER BENEFITS.—Nothing in
this part shall be construed to permit the State to reduce
medical or other assistance available or to alter eligibility
under title V of the Social Security Act (relating to mater-
nal and child health) or title XIX of the Social Security
Act (relating to medicaid for infants or toddlers with dis-
abilities) within the State.
191
‘‘SEC. 641. STATE INTERAGENCY COORDINATING COUNCIL.
‘‘(a) ESTABLISHMENT.—
‘‘(1) IN GENERAL.—A State that desires to re-
ceive financial assistance under this part shall estab-
lish a State interagency coordinating council.
‘‘(2) APPOINTMENT.—The council shall be ap-
pointed by the Governor. In making appointments to
the council, the Governor shall ensure that the mem-
bership of the council reasonably represents the pop-
ulation of the State.
‘‘(3) CHAIRPERSON.—The Governor shall des-
ignate a member of the council to serve as the chair-
person of the Council, or shall require the council to
so designate such a member. Any member of the
council who is a representative of the lead agency
designated under section 635(b)(8) may not serve as
the chairperson of the council.
‘‘(b) COMPOSITION.—
‘‘(1) IN GENERAL.—The council shall be com-
posed as follows:
‘‘(A) PARENTS.—At least 20 percent of
the members shall be parents of infants or tod-
dlers with disabilities or children with disabil-
ities aged 12 or younger, with knowledge of, or
experience with, programs for infants and tod-
dlers with disabilities. At least one such mem-
192
ber shall be a parent of an infant or toddler
with a disability or a child with a disability
aged 6 or younger.
‘‘(B) SERVICE
PROVIDERS.—At least 20
percent of the members shall be public or pri-
vate providers of early intervention services.
‘‘(C) STATE LEGISLATURE.—At least one
member shall be from the State legislature.
‘‘(D) PERSONNEL PREPARATION.—At least
one member shall be involved in personnel prep-
aration.
‘‘(E) AGENCY FOR EARLY INTERVENTION
SERVICES.—At least one member shall be from
each of the State agencies involved in the provi-
sion of, or payment for, early intervention serv-
ices to infants and toddlers with disabilities and
their families and shall have sufficient authority
to engage in policy planning and implementa-
tion on behalf of such agencies.
‘‘(F) AGENCY
FOR
PRESCHOOL
SERV-
ICES.—At least one member shall be from the
State educational agency responsible for pre-
school services to children with disabilities and
shall have sufficient authority to engage in pol-
193
icy planning and implementation on behalf of
such agency.
‘‘(G) AGENCY FOR INSURANCE.—At least
one member shall be from the agency respon-
sible for the State governance of insurance, es-
pecially in the area of health insurance.
‘‘(H) HEAD START AGENCY.—A represent-
ative from a Head Start agency or program in
the State.
‘‘(I) A representative from a State agency
responsible for child care.
‘‘(2) OTHER MEMBERS.—The council may in-
clude other members selected by the Governor, in-
cluding a representative from the Bureau of Indian
Affairs, or where there is no BIA operated or funded
school, from the Indian Health Service or the tribe/
tribal council.
‘‘(c) MEETINGS.—The council shall meet at least
quarterly and in such places as it deems necessary. The
meetings shall be publicly announced, and, to the extent
appropriate, open and accessible to the general public.
‘‘(d) MANAGEMENT AUTHORITY.—Subject to the ap-
proval of the Governor, the council may prepare and ap-
prove a budget using funds under this part to conduct
hearings and forums, to reimburse members of the council
194
for reasonable and necessary expenses for attending coun-
cil meetings and performing council duties (including child
care for parent representatives), to pay compensation to
a member of the council if such member is not employed
or must forfeit wages from other employment when per-
forming official council business, to hire staff, and to ob-
tain the services of such professional, technical, and cleri-
cal personnel as may be necessary to carry out its func-
tions under this part.
‘‘(e) FUNCTIONS OF COUNCIL.—
‘‘(1) DUTIES.—The council shall—
‘‘(A) advise and assist the lead agency des-
ignated or established under section 635(b)(8)
in the performance of the responsibilities set
out in such section, particularly the identifica-
tion of the sources of fiscal and other support
for services for early intervention programs, as-
signment of financial responsibility to the ap-
propriate agency, and the promotion of the
interagency agreements;
‘‘(B) advise and assist the lead agency in
the preparation of applications and amend-
ments thereto;
‘‘(C) advise and assist the State edu-
cational agency regarding the transition of tod-
195
dlers with disabilities to preschool and other ap-
propriate services; and
‘‘(D) prepare and submit an annual report
to the Governor and to the Secretary on the
status of early intervention programs for in-
fants and toddlers with disabilities and their
families operated within the State.
‘‘(2) AUTHORIZED ACTIVITY.—The council may
advise and assist the lead agency and the State edu-
cational agency regarding the provision of appro-
priate services for children aged birth to 5, inclusive.
‘‘(f) CONFLICT OF INTEREST.—No member of the
council shall cast a vote on any matter which would pro-
vide direct financial benefit to that member or otherwise
give the appearance of a conflict of interest under State
law.
‘‘SEC. 642. FEDERAL ADMINISTRATION.
‘‘Sections 616, 617, 618, and 620 shall, to the extent
not inconsistent with this part, apply to the program au-
thorized by this part, except that—
‘‘(1) any reference in such sections to a State
educational agency shall be considered to be a ref-
erence to a State’s lead agency established or des-
ignated under section 635(a)(8);
196
‘‘(2) any reference in such sections to a local
educational agency, educational service agency, or a
State agency shall be considered to be a reference to
an early intervention service provider under this
part; and
‘‘(3) any reference to the education of children
with disabilities or the education of all children with
disabilities shall be considered to be a reference to
the provision of appropriate early intervention serv-
ices to infants and toddlers with disabilities.
‘‘SEC. 643. ALLOCATION OF FUNDS.
‘‘(a) RESERVATION OF FUNDS FOR TERRITORIES.—
‘‘(1) IN
GENERAL.—From the sums appro-
priated to carry out this part for any fiscal year, the
Secretary may reserve up to one percent for pay-
ments to Guam, American Samoa, the Virgin Is-
lands, and the Commonwealth of the Northern Mari-
ana Islands in accordance with their respective
needs.
‘‘(2) CONSOLIDATION OF FUNDS.—The provi-
sions of Public Law 95–134, permitting the consoli-
dation of grants to the territories, shall not apply to
funds those areas receive under this part.
‘‘(b) PAYMENTS TO INDIANS.—
197
‘‘(1) IN GENERAL.—The Secretary shall, sub-
ject to this subsection, make payments to the Sec-
retary of the Interior to be distributed to tribes,
tribal organizations (as defined under section 4 of
the Indian Self-Determination and Education Assist-
ance Act), or consortia of the above entities for the
coordination of assistance in the provision of early
intervention services by the States to infants and
toddlers with disabilities and their families on res-
ervations served by elementary and secondary
schools for Indian children operated or funded by
the Department of the Interior. The amount of such
payment for any fiscal year shall be 1.25 percent of
the aggregate of the amount available to all States
under this part for such fiscal year.
‘‘(2) ALLOCATION.—For each fiscal year, the
Secretary of the Interior shall distribute the entire
payment received under paragraph (1) by providing
to each tribe, tribal organization, or consortium an
amount based on the number of infants and toddlers
residing on the reservation as determined annually
divided by the total of such children served by all
tribes, tribal organizations, or consortia.
‘‘(3) INFORMATION.—To receive a payment
under this paragraph, the tribe, tribal organization,
198
or consortia shall submit such information to the
Secretary of the Interior as is needed to determine
the amounts to be allocated under paragraph (2).
‘‘(4) USE OF FUNDS.—The funds received by a
tribe, tribal organization, or consortia shall be used
to assist States in child find, screening, and other
procedures for the early identification of Indian chil-
dren under 3 years of age and for parent training.
Such funds may also be used to provide early inter-
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-
199
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
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
200
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—
‘‘(A) one-half of one percent of the remain-
ing amount described in paragraph (1); or
‘‘(B) $500,000.
‘‘(3) SPECIAL RULE FOR 1997 THROUGH 1999.—
‘‘(A) IN GENERAL.—Except as provided in
paragraph (4), no State may receive an amount
under this section for any of the fiscal years
1997 through 1999 that is less than the sum of
the amount 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 1996); 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)
201
for children with disabilities under 3 years
of age.
‘‘(B) EXCEPTION.—If, for fiscal year 1998
or 1999, the number of infants and toddlers in
a State, as determined under paragraph (1), is
less than the number of infants and toddlers so
determined for fiscal year 1994, the amount de-
termined under subparagraph (A) for the State
shall be reduced by the same percentage by
which the number of such infants and toddlers
so 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.
202
‘‘(5) DEFINITIONS.—For the purpose of this
subsection—
‘‘(A) the terms ‘infants’ and ‘toddlers’
mean children under 3 years of age; and
‘‘(B) the term ‘State’ means each of the 50
States, the District of Columbia, and the 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 1997 through 2001.
‘‘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-
203
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
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.
204
‘‘(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.
‘‘(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 1996.
‘‘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.
205
‘‘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:
‘‘(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;
206
‘‘(2) the person or agency, where appropriate,
evaluates the potential for replication and wide-
spread adoption of such activities; and
‘‘(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
207
‘‘(2) may further limit the extent to which any
such recipient may use such funds for such costs.
‘‘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;
208
‘‘(B) disabilities;
‘‘(C) grades in school;
‘‘(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;
209
‘‘(7) research and development projects includ-
ing—
‘‘(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-
210
tional methods, curricula, and tools such as
textbooks, media, and other materials; and
‘‘(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
211
‘‘(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;
212
‘‘(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
213
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.
214
‘‘(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;
‘‘(4) placing and serving children with disabil-
ities, including children from underserved popu-
215
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 me-
diation.
‘‘(d) INTERIM AND FINAL REPORTS.—The Secretary
shall submit to the President and the Congress—
‘‘(1) an interim report that summarizes the pre-
liminary findings of the assessment not later than
October 1, 1998; and
216
‘‘(2) a final report of the findings of the assess-
ment not later than October 1, 2000.
‘‘SEC. 664. AUTHORIZATION OF APPROPRIATIONS.
‘‘(a) IN GENERAL.—There are authorized to be ap-
propriated to carry out this subpart such sums as may
be necessary for each of the fiscal years 1997 through
2001.
‘‘(b) MINIMUM AMOUNTS.—Subject to subsection (c),
the Secretary shall ensure that, for each fiscal year, at
least the following amounts are provided under this sub-
part to address the following needs:
‘‘(1) $12,832,000 to address the educational,
related services, transitional, and early intervention
needs of children with deaf-blindness.
‘‘(2) $4,000,000 to address the postsecondary,
vocational, technical, continuing, and adult edu-
cation needs of individuals with deafness.
‘‘(c) RATABLE REDUCTION.—If the total amount ap-
propriated to carry out this subpart for any fiscal year
is less than $135,600,000, the amounts listed in sub-
section (b) shall be ratably reduced.
‘‘Subpart 2—Professional Development
‘‘SEC. 671. PURPOSE.
‘‘The purpose of this subpart is to help ensure that—
217
‘‘(1) personnel responsible for serving children
with disabilities, including general and special edu-
cation personnel, related services personnel, and
early intervention personnel, have the knowledge and
skills necessary to help such children—
‘‘(A) meet developmental goals and, to the
maximum extent possible, those challenging ex-
pectations that have been established for all
children; and
‘‘(B) be prepared to lead productive, inde-
pendent adult lives to the maximum extent pos-
sible;
‘‘(2) there are adequate numbers of such per-
sonnel to meet the needs of children with disabilities;
and
‘‘(3) the skills and knowledge of personnel re-
sponsible for serving children with disabilities reflect
the best practices, as determined through research
and experience, particularly with respect to the in-
clusion of children with disabilities in the regular
education environment.
‘‘SEC. 672. FINDING.
‘‘The Congress finds that the conditions noted in
paragraphs (7) through (10) of section 601(c) can be
greatly improved by providing opportunities for the full
218
participation of minorities through the implementation of
the following recommendations:
‘‘(1) Implementation of a policy to mobilize the
Nation’s resources to prepare minorities for careers
in special education and related services.
‘‘(2) Focusing such policy on—
‘‘(A) the recruitment of minorities into
teaching; and
‘‘(B) 
financially 
assisting 
Historically
Black Colleges and Universities and other insti-
tutions of higher education (whose minority stu-
dent enrollment is at least 25 percent) to pre-
pare students for special education and related
service careers.
‘‘SEC. 673. NATIONAL ACTIVITIES.
‘‘(a) PROGRAM AUTHORIZED.—The Secretary may
make grants to, and enter into contracts and cooperative
agreements with, eligible entities to support activities of
national significance that—
‘‘(1) have broad applicability; and
‘‘(2) will help ensure that the purpose of this
subpart is met.
‘‘(b) AUTHORIZED ACTIVITIES.—In carrying out this
section, the Secretary may support any activity that is
consistent with subsection (a), including—
219
‘‘(1) the development, evaluation, demonstra-
tion, or dissemination of effective personnel prepara-
tion practices for personnel to work with children
with disabilities;
‘‘(2) promoting the transferability of licensure
and certification of teachers and administrators
among State and local jurisdictions;
‘‘(3) developing and disseminating models that
prepare teachers with strategies, including behav-
ioral management techniques, for addressing the
conduct of children with disabilities that impedes
their learning and that of others in the classroom;
and
‘‘(4) supporting Historically Black Colleges and
Universities and institutions of higher education
with minority enrollments of at least 25 percent for
the purpose of preparing personnel.
‘‘SEC. 674. PROFESSIONAL DEVELOPMENT FOR PERSONNEL
SERVING LOW-INCIDENCE POPULATIONS.
‘‘(a) PROGRAM AUTHORIZED.—The Secretary may
make grants to, and enter into contracts and cooperative
agreements with, eligible entities to meet the purpose of
this subpart by supporting preparation for personnel who
will provide educational and related services to children
with low-incidence disabilities and personnel who will pro-
220
vide early intervention services to infants and toddlers
with disabilities.
‘‘(b) AUTHORIZED ACTIVITIES.—
‘‘(1) IN
GENERAL.—Individuals who may be
prepared pursuant to this section include personnel
who—
‘‘(A) are currently prepared in the fields of
educational, related, or early intervention serv-
ices; and
‘‘(B) are studying—
‘‘(i) to obtain degrees, certification, li-
censure, or endorsements in one or more of
such fields; or
‘‘(ii) to meet competency requirements
in one or more of such fields.
‘‘(2) SCHOLARSHIPS.—The Secretary may in-
clude funds for scholarships, with necessary stipends
and allowances, in awards under this section.
‘‘(c) APPLICATIONS.—Any application for assistance
under this section shall propose to provide preparation
that addresses a significant need, as shown by letters from
one or more States stating that the State—
‘‘(1) intends to accept successful completion of
the proposed personnel preparation as meeting State
personnel standards for serving children with low-in-
221
cidence disabilities, or for serving infants and tod-
dlers with disabilities; and
‘‘(2) needs personnel in the area or areas in
which the applicant proposes to provide preparation,
as identified in the State’s comprehensive system of
personnel development under part B or C, or in the
State’s State improvement plan under subpart 3.
‘‘(d) DEFINITION.—For purposes of this section, the
term ‘low-incidence disability’ has the meaning given such
term in section 662(b).
‘‘SEC. 675. LEADERSHIP PERSONNEL.
‘‘(a) PROGRAM AUTHORIZED.—The Secretary may
make grants to, and enter into contracts and cooperative
agreements with, eligible entities to meet the purpose of
this subpart by preparing educational, related service, and
early intervention leadership personnel (including teacher-
preparation faculty, administrators, researchers, super-
visors, and principals) so that they are prepared to help
children with disabilities—
‘‘(1) meet developmental goals and, to the max-
imum extent possible, those challenging expectations
that have been established for all children; and
‘‘(2) be prepared to lead productive, independ-
ent adult lives to the maximum extent possible.
‘‘(b) AUTHORIZED ACTIVITIES.—
222
‘‘(1) IN GENERAL.—In carrying out this sec-
tion, the Secretary may support any activity that is
consistent with subsection (a), including—
‘‘(A) preparation of personnel at the ad-
vanced graduate, doctoral, or post-doctoral lev-
els; and
‘‘(B) professional development of leader-
ship personnel.
‘‘(2) SCHOLARSHIPS.—The Secretary may in-
clude funds for scholarships, with necessary stipends
and allowances, in awards under this section.
‘‘(c) PREFERENCES.—In making awards under this
section, the Secretary shall give preference to projects at
institutions of higher education that have successfully in-
tegrated the professional development of general and spe-
cial education personnel.
‘‘SEC. 676. SERVICE OBLIGATION.
‘‘Each application for funds under section 674 or 675
shall include an assurance that the applicant will ensure
that individuals who are prepared under the proposed
project will subsequently perform work related to their
preparation or repay all or part of the cost of such prepa-
ration.
223
‘‘SEC. 677. OUTREACH.
‘‘(a) PLAN
FOR OUTREACH SERVICES.—The Sec-
retary shall develop a plan for providing outreach services
to the entities and populations described in subsection (b)
in order to increase the participation of such entities and
populations in competitions for grants, contracts, and co-
operative agreements under this subpart.
‘‘(b) ENTITIES
AND POPULATIONS DESCRIBED.—
The entities and populations referred to in subsection (a)
are—
‘‘(1) Historically Black Colleges and Univer-
sities and other institutions of higher education
whose minority student enrollment is at least 25
percent;
‘‘(2) eligible institutions, as defined in section
312 of the Higher Education Act of 1965;
‘‘(3) nonprofit and for-profit agencies at least
51 percent owned or controlled by one or more mi-
nority individuals; and
‘‘(4) underrepresented populations.
‘‘(c) FUNDING.—For the purpose of implementing
the plan required under subsection (a), the Secretary
shall, for each of the fiscal years 1997 through 2002, ex-
pend 1 percent of the funds appropriated for the fiscal
year involved for carrying out this subpart.
224
‘‘(d) DILIGENCE.—The Secretary shall exercise the
utmost authority, resourcefulness, and diligence of the
Secretary to meet the requirements of this section.
‘‘(e) REPORT.—Not later than January 31 of each
year, beginning with fiscal year 1997 and ending with fis-
cal year 2002, the Secretary shall submit to the Congress
a final report on the progress toward meeting the goals
of this section during the preceding fiscal year. The report
shall include—
‘‘(1) a full explanation of any progress toward
meeting the goals of this section; and
‘‘(2) a plan to meet the goals, if necessary.
‘‘(f) 
UNDERREPRESENTED
POPULATIONS
DE-
FINED.—For purposes of this section, the term ‘underrep-
resented populations’ means populations such as minori-
ties, the poor, individuals with limited English proficiency,
and individuals with disabilities.
‘‘Subpart 3—State Program Improvement Grants for
Children with Disabilities
‘‘SEC. 681. PURPOSE.
‘‘The purpose of this subpart is to assist States in
reforming and improving their systems for providing edu-
cational and early intervention services, particularly their
systems for professional development, to improve the
achievement of children with disabilities.
225
‘‘SEC. 682. ELIGIBILITY AND COLLABORATIVE PROCESS.
‘‘(a) ELIGIBLE APPLICANTS.—A State may apply for
a grant under this subpart for a grant period that is not
less than one year, but is not greater than 4 years.
‘‘(b) CERTIFICATION THAT COLLABORATIVE PROC-
ESS HAS BEEN USED.—A State that desires to receive
a grant under this subpart shall certify to the Secretary
that a collaborative process with persons described in sub-
section (c) has been used in developing the State improve-
ment plan described in section 683.
‘‘(c) COLLABORATIVE PROCESS PARTICIPANTS.—
‘‘(1) REQUIRED
PARTICIPANTS.—The collabo-
rative process referred to in subsection (b) is a State
process for making decisions which includes as par-
ticipants, at a minimum, the Governor of the State
and representatives, appointed by such Governor,
of—
‘‘(A) parents of children with disabilities;
‘‘(B) parents of nondisabled children;
‘‘(C) individuals with disabilities;
‘‘(D) organizations representing individuals
with disabilities and their parents;
‘‘(E) community-based and other nonprofit
organizations related to the education and em-
ployment of individuals with disabilities;
226
‘‘(F) the lead State agency official or offi-
cials for part C;
‘‘(G) local educational agencies;
‘‘(H) general and special education teach-
ers;
‘‘(I) the State educational agency;
‘‘(J) the State advisory panel established
under part B; and
‘‘(K) the State interagency coordinating
council established under part C.
‘‘(2) OPTIONAL
PARTICIPANTS.—The collabo-
rative process may include, at the Governor’s discre-
tion, representatives, appointed by the Governor,
of—
‘‘(A) individuals knowledgeable about voca-
tional education;
‘‘(B) the State agency for higher edu-
cation;
‘‘(C) institutions of higher education;
‘‘(D) schools of education;
‘‘(E) the State vocational rehabilitation
agency;
‘‘(F) public agencies with jurisdiction in
the areas of health, mental health, social serv-
ices, and juvenile justice; and
227
‘‘(G) any other individuals designated by
the Governor.
‘‘SEC. 683. STATE IMPROVEMENT PLANS.
‘‘(a) IN GENERAL.—A State that desires to receive
a grant under this subpart shall submit to the Secretary
a State improvement plan that is integrated, to the maxi-
mum extent possible, with State plans under the Elemen-
tary and Secondary Education Act of 1965 and the Reha-
bilitation Act of 1973, as appropriate.
‘‘(b) DETERMINING CHILD AND PROGRAM NEEDS.—
‘‘(1) IN
GENERAL.—Each State improvement
plan shall identify those critical aspects of early
intervention, general education, and special edu-
cation programs (including professional development,
based on an assessment of State and local needs)
that must be improved to enable children with dis-
abilities to meet the goals established by the State
under section 612(a)(14).
‘‘(2) REQUIRED ANALYSES.—To meet the re-
quirement of paragraph (1), the State improvement
plan shall include at least—
‘‘(A) an analysis of all information, reason-
ably available to the State, on the performance
of children with disabilities in the State, includ-
ing—
228
‘‘(i) their performance on State as-
sessments and other performance indica-
tors established for all children, including
drop-out rates and graduation rates;
‘‘(ii) their participation in postsecond-
ary education and employment; and
‘‘(iii) how their performance on the
assessments and indicators described in
clause (i) compares to that of non-disabled
children;
‘‘(B) an analysis of State and local needs
for professional development for personnel to
serve children with disabilities that includes, at
a minimum, relevant information on current
and anticipated personnel shortages, and on the
extent of certification or retraining necessary to
eliminate such shortages, that is based, to the
maximum extent possible, on existing assess-
ments of personnel needs; and
‘‘(C) a summary of the information and
analysis provided by the State to the Secretary
under parts B and C on the effectiveness of the
State’s systems of early intervention, special
education, and general education in meeting the
needs of children with disabilities.
229
‘‘(c) IMPROVEMENT STRATEGIES.—Each State im-
provement plan shall—
‘‘(1) describe the strategies the State will use to
address the needs identified under subsection (b)(1),
including—
‘‘(A) how it will hold school districts and
schools accountable for educational progress of
children with disabilities;
‘‘(B) how it will provide technical assist-
ance to school districts and schools to improve
results for children with disabilities;
‘‘(C) how it will address the identified
needs for in-service and pre-service preparation
to ensure that all personnel who work with chil-
dren with disabilities (including both profes-
sional and paraprofessional personnel who pro-
vide early intervention services, special edu-
cation, general education, or related services)
have the skills and knowledge necessary to meet
the needs of children with disabilities, including
a description of how—
‘‘(i) the State will prepare general
education and special education personnel
with the content knowledge and collabo-
rative skills needed to meet the needs of
230
children with disabilities, including how the
State will work with other States on com-
mon certification criteria;
‘‘(ii) the State will prepare profes-
sionals and paraprofessionals in the area of
early intervention with the content knowl-
edge and collaborative skills needed to
meet the needs of infants and toddlers
with disabilities;
‘‘(iii) the State will work with institu-
tions of higher education and other entities
that prepare (on both a pre-service and an
in-service basis) personnel who work with
children with disabilities to ensure that
such institutions and entities develop the
capacity to support professional develop-
ment programs which reflect actual edu-
cation practices and techniques;
‘‘(iv) the State’s requirements for li-
censure of teachers and administrators, in-
cluding certification and recertification,
will be modified to support an adequate
supply of personnel with the necessary
skills and knowledge (including, where ap-
propriate, strategies for developing recip-
231
rocal certification agreements and common
certification 
requirements 
with 
other
States); and
‘‘(v) the State will work to develop
collaborative agreements with other States
for the joint support and development of
programs to prepare personnel for which
there is not sufficient demand within a sin-
gle State to justify support or development
of such a program of preparation;
‘‘(D) how it will work in collaboration with
other States, particularly neighboring States, to
address the lack of uniformity and reciprocity
in the credentialing of teachers and other per-
sonnel;
‘‘(E) strategies that will address systemic
problems identified in Federal compliance re-
views, including shortages of qualified person-
nel; and
‘‘(F) how the State will assess, on a regu-
lar basis, the extent to which the strategies im-
plemented under this subpart have been effec-
tive; and
232
‘‘(2) describe how the improvement strategies
under paragraph (1) will be coordinated with public
and private sector resources.
‘‘(d) REPORTING PROCEDURES.—Each State that re-
ceives a grant under this subpart shall submit perform-
ance reports to the Secretary pursuant to a schedule to
be determined by the Secretary, but not more frequently
that annually.
‘‘(e) PLAN APPROVAL.—The Secretary shall approve
a State improvement plan under this section if it—
‘‘(1) meets the requirements of this part;
‘‘(2) has been developed in accordance with the
requirements of section 682; and
‘‘(3) in the opinion of the Secretary, has a rea-
sonable chance of achieving the purposes of the
grant.
‘‘(f) PLAN AMENDMENTS.—
‘‘(1) MODIFICATIONS MADE BY STATE.—Sub-
ject to paragraph (2), a plan submitted by a State
in accordance with this section shall remain in effect
until the State submits to the Secretary such modi-
fications as the State determines necessary. This
section shall apply to a modification to a plan to the
same extent and in the same manner as this section
applies to the original plan.
233
‘‘(2) 
MODIFICATIONS
REQUIRED
BY
SEC-
RETARY.—The Secretary may require a State to
amend its State improvement plan at any time as a
result of the Secretary’s compliance reviews under
parts B and C. The Secretary may not provide fur-
ther funding under this subpart to the State until
such amendments are made.
‘‘SEC. 684. USE OF FUNDS.
‘‘(a) IN GENERAL.—A State that receives a grant
under this subpart may use the grant to carry out any
activities that are described in the State improvement plan
and that are consistent with the purpose of this subpart.
Such activities may include the awarding of subgrants, but
only if the subgrants are made to local educational agen-
cies. Any such local educational agency may award sub-
grants to any person. Such activities may also include the
awarding of contracts to appropriate entities.
‘‘(b) USE OF FUNDS FOR PROFESSIONAL DEVELOP-
MENT.—A State that receives a grant under this subpart
shall use not less than 75 percent of the funds it receives
under the grant for any fiscal year to ensure that there
is a sufficient supply of personnel who have the skills and
knowledge necessary to enable children with disabilities to
meet developmental goals and to meet the needs of such
234
children, including working with other States on common
certification criteria.
‘‘(c) GRANTS TO TERRITORIES.—The provisions of
Public Law 95–134, permitting the consolidation of grants
to the territories, shall not apply to funds received under
this subpart.
‘‘SEC. 685. MINIMUM STATE ALLOTMENTS.
‘‘A State that receives a grant under this subpart
shall receive an amount that is—
‘‘(1) not less than $200,000, in the case of the
50 States, the District of Columbia, and the Com-
monwealth of Puerto Rico; and
‘‘(2) not less than $40,000, in the case of a ter-
ritory.
‘‘SEC. 686. AUTHORIZATION OF APPROPRIATIONS.
‘‘There are authorized to be appropriated to carry out
this subpart such sums as may be necessary for each of
the fiscal years 1997 through 2001.
‘‘Subpart 4—Parent Training
‘‘SEC. 691. GRANTS FOR PARENT TRAINING AND INFORMA-
TION CENTERS.
‘‘(a) PROGRAM AUTHORIZED.—The Secretary may
make grants to, and enter into contracts and cooperative
agreements with, parent organizations to support parent
235
training and information centers to carry out activities
under this subpart.
‘‘(b) REQUIRED ACTIVITIES.—A parent training and
information center that receives assistance under this sec-
tion shall—
‘‘(1) assist parents to understand the availabil-
ity of, and how effectively to use, procedural safe-
guards under this title, including the use of alter-
native methods of dispute resolution, such as medi-
ation;
‘‘(2) serve the parents of children with the full
range of disabilities; and
‘‘(3) annually report to the Secretary on—
‘‘(A) the number of parents to whom it
provided information and training in the most
recently concluded fiscal year; and
‘‘(B) the effectiveness of strategies used to
reach and serve parents of children with disabil-
ities, including underserved parents of children
with disabilities.
‘‘(c) OPTIONAL ACTIVITIES.—A parent training and
information center that receives assistance under this sec-
tion may—
236
‘‘(1) provide information to teachers and other
professionals who provide special education and re-
lated services to children with disabilities;
‘‘(2) assist students with disabilities to under-
stand their rights and responsibilities under section
615(j) on reaching the age of majority; and
‘‘(3) establish cooperative partnerships with
parent organizations, and other organizations assist-
ing families of children with disabilities, in the com-
munity.
‘‘(d) APPLICATION REQUIREMENTS.—Each applica-
tion for assistance under this section shall identify with
specificity the special efforts that the applicant will under-
take to—
‘‘(1) ensure that the needs for training and in-
formation of parents of underserved children with
disabilities in the area to be served are effectively
met; and
‘‘(2) work with community-based organizations.
‘‘(e) DISTRIBUTION OF FUNDS.—
‘‘(1) INITIAL AWARDS.—
‘‘(A) IN
GENERAL.—The Secretary shall
make at least one award to a parent organiza-
tion in each State, unless the Secretary does
not receive an application from such an organi-
237
zation in each State of sufficient quality to war-
rant approval.
‘‘(B) 
SELECTION
REQUIREMENT.—The
Secretary shall select among applications sub-
mitted by parent organizations in a State in a
manner that ensures the most effective assist-
ance to parents, including parents in urban and
rural areas, in the State.
‘‘(2) ADDITIONAL AWARDS.—
‘‘(A) IN
GENERAL.—The Secretary may
make additional awards to community-based
parent organizations in each State.
‘‘(B) 
SELECTION
REQUIREMENT.—The
Secretary may make additional awards in a
manner that ensures that parents of children
with disabilities in low-income, high-density,
and rural areas have access to parent training
and information centers that provide appro-
priate training and information.
‘‘SEC. 692. TECHNICAL ASSISTANCE FOR PARENT TRAINING
AND INFORMATION CENTERS.
‘‘(a) PROGRAM AUTHORIZED.—The Secretary may
provide technical assistance for developing, assisting, and
coordinating parent training and information programs
238
carried out by parent training and information centers re-
ceiving assistance under section 691.
‘‘(b) AUTHORIZED ACTIVITIES.—The Secretary may
provide technical assistance to a parent training and infor-
mation center under this section in areas such as—
‘‘(1) effective coordination of parent training ef-
forts;
‘‘(2) dissemination of information;
‘‘(3) evaluation by the center of itself;
‘‘(4) promotion of the use of technology, includ-
ing assistive technology devices and assistive tech-
nology services;
‘‘(5) reaching underserved populations;
‘‘(6) including children with disabilities in gen-
eral education programs;
‘‘(7) facilitation of transitions from—
‘‘(A) early intervention services to pre-
school;
‘‘(B) preschool to school; and
‘‘(C) secondary school to postsecondary en-
vironments; and
‘‘(8) promotion of alternative methods of dis-
pute resolution.
239
‘‘SEC. 693. AUTHORIZATION OF APPROPRIATIONS.
‘‘There are authorized to be appropriated to carry out
this subpart such sums as may be necessary for each of
the fiscal years 1997 through 2001.’’.
TITLE II—MISCELLANEOUS
PROVISIONS
SEC. 201. AMENDMENT TO ESEA TO COORDINATE IDEA AND
SCHOOLWIDE PROGRAMS.
Section 1114(a)(4) of the Elementary and Secondary
Education Act of 1965 (20 U.S.C. 6314(a)(4)) is amend-
ed—
(1) in subparagraph (A), by striking ‘‘Secretary
(other than formula or discretionary grant programs
under the Individuals with Disabilities Education
Act),’’ and inserting ‘‘Secretary,’’; and
(2) in subparagraph (B), by inserting ‘‘special
education and related services under an individual-
ized education program, procedural safeguards,’’
after ‘‘civil rights,’’.
SEC. 202. EFFECTIVE DATES.
(a) PARTS A, B, AND C.—Except as provided in sub-
section (b), parts A, B, and C of the Individuals with Dis-
abilities Education Act, as amended by title I, shall take
effect on July 1, 1997.
240
(b) SECTION 605.—Section 605 of such Act, as
amended by title I, shall take effect upon the enactment
of this Act.
(c) PART D.—Part D of such Act, as amended by
title I, shall take effect on October 1, 1997.
SEC. 203. REPEALERS.
(a) PART I.—Part I of the Individuals with Disabil-
ities Education Act is hereby repealed.
(b) PART H.—Effective July 1, 1997, part H of such
Act is hereby repealed.
(c) PARTS E, F, AND G.—Effective October 1, 1997,
parts E, F, and G of such Act are hereby repealed.
Passed the House of Representatives June 10, 1996.
Attest:
ROBIN H. CARLE,
Clerk.
By LINDA NAVE,
Deputy Clerk.