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‘‘(i) are selected and administered so
as not to be discriminatory on a racial or
cultural basis;
‘‘(ii) are provided and administered in
the language and form most likely to yield
accurate information on what the child
knows and can do academically, develop-
mentally, and functionally, unless it is not
feasible to so provide or administer;’’.
‘‘(iii) are used for purposes for which
the assessments or measures are valid and
reliable;
‘‘(iv) are administered by trained and
knowledgeable personnel; and
‘‘(v) are administered in accordance
with any instructions provided by the pro-
ducer of such tests;
‘‘(B) the child is assessed in all areas of sus-
pected disability; and
‘‘(C) assessment tools and strategies that
provide relevant information that directly assists
persons in determining the educational needs of
the child are provided.
‘‘(D) assessments of children with disabil-
ities, including homeless children with disabil-
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ities, children with disabilities who are wards of
the State, and children with disabilities in mili-
tary families, who transfer from 1 school district
to another school district in the same academic
year, are—
‘‘(i) coordinated with such children’s
prior and subsequent schools as necessary to
ensure timely completion of full evaluations;
and
‘‘(ii) completed within time limits—
‘‘(I) established for all students by
Federal law or State plans; and
‘‘(II) that computes the com-
mencement of time from the date on
which such children are first referred
for assessments in any local edu-
cational agency.
‘‘(4) DETERMINATION
OF
ELIGIBILITY.—Upon
completion of administration of tests and other eval-
uation materials—
‘‘(A) the determination of whether the child
is a child with a disability as defined in section
602(3) shall be made by a team of qualified pro-
fessionals and the parent of the child in accord-
ance with paragraph (5); and
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‘‘(B) a copy of the evaluation report and the
documentation of determination of eligibility
shall be given to the parent.
‘‘(5) SPECIAL
RULE
FOR
ELIGIBILITY
DETER-
MINATION.—In making a determination of eligibility
under paragraph (4)(A), a child shall not be deter-
mined to be a child with a disability if the deter-
minant factor for such determination is—
‘‘(A) lack of scientifically based instruction
in reading;
‘‘(B) lack of instruction in mathematics; or
‘‘(C) limited English proficiency.
‘‘(6) SPECIFIC LEARNING DISABILITIES.—
‘‘(A) IN
GENERAL.—Notwithstanding sec-
tion 607(b), when determining whether a child
has a specific learning disability as defined in
section 602(29), a local educational agency shall
not be required to take into consideration wheth-
er a child has a severe discrepancy between
achievement and intellectual ability in oral ex-
pression, listening comprehension, written ex-
pression, basic reading skill, reading comprehen-
sion, mathematical calculation, or mathematical
reasoning.
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‘‘(B) ADDITIONAL
AUTHORITY.—In deter-
mining whether a child has a specific learning
disability, a local educational agency may use a
process that determines if the child responds to
scientific, research-based intervention as a part
of the evaluation procedures described in para-
graphs (2) and (3).
‘‘(c) ADDITIONAL REQUIREMENTS FOR EVALUATION
AND REEVALUATIONS.—
‘‘(1) REVIEW OF EXISTING EVALUATION DATA.—
As part of an initial evaluation (if appropriate) and
as part of any reevaluation under this section, the
IEP Team described in subsection (d)(1)(B) and other
qualified professionals, as appropriate, shall—
‘‘(A) review existing evaluation data on the
child, including evaluations and information
provided by the parents of the child, current
classroom-based assessments, and observations,
and teacher and related services providers obser-
vations; and
‘‘(B) on the basis of that review, and input
from the child’s parents, identify what addi-
tional data, if any, are needed to determine—
‘‘(i) whether the child has a particular
category of disability, as described in sec-
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tion 602(3), or, in case of a reevaluation of
a child, whether the child continues to have
such a disability;
‘‘(ii) the present levels of performance
and educational needs of the child;
‘‘(iii) whether the child needs special
education and related services, or in the
case of a reevaluation of a child, whether
the child continues to need special education
and related services; and
‘‘(iv) whether any additions or modi-
fications to the special education and re-
lated services are needed to enable the child
to meet the measurable annual goals set out
in the individualized education program of
the child and to participate, as appropriate,
in the general curriculum.
‘‘(2) SOURCE OF DATA.—The local educational
agency shall administer such tests and other evalua-
tion materials and procedures as may be needed to
produce the data identified by the IEP Team under
paragraph (1)(B).
‘‘(3) PARENTAL
CONSENT.—Each local edu-
cational agency shall obtain informed parental con-
sent, in accordance with subsection (a)(1)(D), prior to
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conducting any reevaluation of a child with a dis-
ability, except that such informed parental consent
need not be obtained if the local educational agency
can demonstrate that the local educational agency
had taken reasonable measures to obtain such consent
and the child’s parent has failed to respond.
‘‘(4) REQUIREMENTS IF ADDITIONAL DATA ARE
NOT NEEDED.—If the IEP Team and other qualified
professionals, as appropriate, determine that no addi-
tional data are needed to determine whether the child
is or continues to be a child with a disability, the
local educational agency—
‘‘(A) shall notify the child’s parents of—
‘‘(i) that determination and the rea-
sons for the determination; and
‘‘(ii) the right of such parents to re-
quest an assessment to determine whether
the child is or continues to be a child with
a disability; and
‘‘(B) shall not be required to conduct such
an assessment unless requested by the child’s
parents.
‘‘(5) EVALUATIONS BEFORE CHANGE IN ELIGI-
BILITY.—
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‘‘(A) IN GENERAL.—Except as provided in
subparagraph (B), a local educational agency
shall evaluate a child with a disability in ac-
cordance with this section before determining
that the child is no longer a child with a dis-
ability.
‘‘(B) EXCEPTION.—
‘‘(i) IN GENERAL.—The evaluation de-
scribed in subparagraph (A) shall not be re-
quired before the termination of a child’s
eligibility under this part due to graduation
from secondary school with a regular di-
ploma, or to exceeding the age eligibility for
a free appropriate public education under
State law.
‘‘(ii) SUMMARY
OF
PERFORMANCE.—
For a child whose eligibility under this part
terminates under circumstances described in
clause (i), a local educational agency shall
provide the child with a summary of the
child’s academic achievement and func-
tional performance, which shall include rec-
ommendations on how to assist the child in
meeting the child’s postsecondary goals.
‘‘(d) INDIVIDUALIZED EDUCATION PROGRAMS.—
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‘‘(1) DEFINITIONS.—As used in this title:
‘‘(A) INDIVIDUALIZED
EDUCATION
PRO-
GRAM.—
‘‘(i) IN GENERAL.—The term ‘individ-
ualized education program’ or ‘IEP’ means
a written statement for each child with a
disability that is developed, reviewed, and
revised in accordance with this section and
that includes—
‘‘(I) a statement of the child’s
present levels of academic achievement
and 
functional 
performance,
including—
‘‘(aa) how the child’s dis-
ability affects the child’s involve-
ment and progress in the general
curriculum; or
‘‘(bb) for preschool children,
as appropriate, how the disability
affects the child’s participation in
appropriate activities;
‘‘(II) a statement of measurable
annual goals, including academic and
functional goals, designed to—
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‘‘(aa) meet the child’s needs
that result from the child’s dis-
ability to enable the child to be
involved in and make progress in
the general curriculum; and
‘‘(bb) meet each of the child’s
other educational needs that result
from the child’s disability;
‘‘(III) a description of how the
child’s progress toward meeting the an-
nual goals described in subclause (II)
will be measured and when periodic re-
ports on the progress the child is mak-
ing toward meeting the annual goals
(such as through the use of quarterly or
other periodic reports, concurrent with
the issuance of report cards) will be
provided;
‘‘(IV) a statement of the special
education and related services, and
supplementary aids and services, to be
provided to the child, or on behalf of
the child, and a statement of the pro-
gram modifications or supports for
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school personnel that will be provided
for the child—
‘‘(aa) 
to 
advance 
appro-
priately toward attaining the an-
nual goals;
‘‘(bb) to be involved in and
make progress in the general cur-
riculum in accordance with sub-
clause (I) and to participate in
extracurricular and other nonaca-
demic activities; and
‘‘(cc) to be educated and par-
ticipate with other children with
disabilities and nondisabled chil-
dren in the activities described in
this paragraph;
‘‘(V) an explanation of the extent,
if any, to which the child will not par-
ticipate with nondisabled children in
the regular class and in the activities
described in subclause (IV)(cc);
‘‘(VI)(aa) a statement of any in-
dividual appropriate accommodations
that are necessary to measure the aca-
demic achievement and functional per-
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formance of the child on State and dis-
trictwide assessments consistent with
section 612(a)(16)(A); and
‘‘(bb) if the IEP Team determines
that the child shall take an alternate
assessment on a particular State or
districtwide 
assessment 
of 
student
achievement, a statement of why—
‘‘(AA) the child cannot par-
ticipate in the regular assessment;
and
‘‘(BB) the particular alter-
nate assessment selected is appro-
priate for the child;
‘‘(VII) the projected date for the
beginning of the services and modifica-
tions described in subclause (IV), and
the anticipated frequency, location,
and duration of those services and
modifications; and
‘‘(VIII) beginning not later than
the first IEP to be in effect when the
child is 14, and updated annually
thereafter—
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‘‘(aa) appropriate measur-
able postsecondary goals based
upon age appropriate transition
assessments related to training,
education, 
employment, 
and,
where appropriate, independent
living skills;
‘‘(bb) the transition services
(including courses of study) need-
ed by the child to reach those
goals, including services to be pro-
vided by other agencies when
needed; and
‘‘(cc) beginning at least 1
year before the child reaches the
age of majority under State law,
a statement that the child has
been informed of the child’s rights
under this title, if any, that will
transfer to the child on reaching
the age of majority under section
615(m).
‘‘(ii) RULE OF CONSTRUCTION.—Noth-
ing in this section shall be construed to
require—
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‘‘(I) that additional information
be included in a child’s IEP beyond
what is explicitly required in this sec-
tion; and
‘‘(II) the IEP Team to include in-
formation under 1 component of a
child’s IEP that is already contained
under another component of such IEP.
‘‘(B) INDIVIDUALIZED EDUCATION PROGRAM
TEAM.—The term ‘individualized education pro-
gram team’ or ‘IEP Team’ means a group of in-
dividuals composed of—
‘‘(i) the parents of a child with a dis-
ability;
‘‘(ii) at least 1 regular education
teacher of such child (if the child is, or may
be, participating in the regular education
environment);
‘‘(iii) at least 1 special education
teacher, or where appropriate, at least 1
special education provider of such child;
‘‘(iv) a representative of the local edu-
cational agency who—
‘‘(I) is qualified to provide, or su-
pervise the provision of, specially de-
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signed instruction to meet the unique
needs of children with disabilities;
‘‘(II) is knowledgeable about the
general curriculum; and
‘‘(III) is knowledgeable about the
availability of resources of the local
educational agency;
‘‘(v) an individual who can interpret
the instructional implications of evaluation
results, who may be a member of the team
described in clauses (ii) through (vi);
‘‘(vi) at the discretion of the parent or
the agency, other individuals who have
knowledge or special expertise regarding the
child, including related services personnel as
appropriate; and
‘‘(vii) whenever appropriate, the child
with a disability.
‘‘(viii) if the child is a ward of the
State, another individual with appropriate
knowledge of the child’s educational needs,
such as a foster parent, a relative with
whom the child lives who acts as a parent
to the child, an attorney for the child, a
guardian ad litem, a court appointed spe-
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cial advocate, a judge, or an education sur-
rogate.
‘‘(C) IEP TEAM ATTENDANCE.—
‘‘(i) ATTENDANCE NOT NECESSARY.—A
member of the IEP Team shall not be re-
quired to attend an IEP meeting, in whole
or in part, if that member, the parent of a
child with a disability, and the local edu-
cational agency agree that the attendance of
such member is not necessary because no
modification to the member’s area of the
curriculum or related services is being
modified or discussed in the meeting.
‘‘(ii) EXCUSAL.—A member of the IEP
Team may be excused from attending an
IEP meeting, in whole or in part, when the
meeting involves a modification to or dis-
cussion of the member’s area of the cur-
riculum or related services, if—
‘‘(I) that member, the parent, and
the local educational agency consent to
the excusal; and
‘‘(II) the member submits input
into the development of the IEP prior
to the meeting.
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‘‘(iii) WRITTEN AGREEMENT AND CON-
SENT
REQUIRED.—A parent’s agreement
under clause (i) and consent under clause
(ii) shall be in writing.
‘‘(2) REQUIREMENT THAT PROGRAM BE IN EF-
FECT.—
‘‘(A) IN
GENERAL.—At the beginning of
each school year, each local educational agency,
State educational agency, or other State agency,
as the case may be, shall have in effect, for each
child with a disability in its jurisdiction, an in-
dividualized education program, as defined in
paragraph (1)(A).
‘‘(B) 
PROGRAM
FOR
CHILD
AGED
THROUGH 5.—In the case of a child with a dis-
ability aged 3 through 5 (or, at the discretion of
the State educational agency, a 2-year-old child
with a disability who will turn age 3 during the
school year), an individualized family service
plan that contains the material described in sec-
tion 636, and that is developed in accordance
with this section, may serve as the IEP of the
child if using that plan as the IEP is—
‘‘(i) consistent with State policy; and
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‘‘(ii) agreed to by the agency and the
child’s parents.
‘‘(C) PROGRAM FOR CHILDREN WHO TRANS-
FER SCHOOL DISTRICTS.—
‘‘(i) IN GENERAL.—In the case of a
child with a disability, including a home-
less child with a disability, a child with a
disability who is a ward of the State, or a
child with a disability in a military fam-
ily, who transfers school districts within the
same academic year, who enrolls in a new
school and who had an IEP that was in ef-
fect in the same or another State, the local
educational agency, State educational agen-
cy, or other State agency, as the case may
be, shall immediately provide such child
with a free appropriate public education,
including comparable services identified in
the previously held IEP and in consultation
with the parents until such time as the local
educational agency, State educational agen-
cy, or other State agency, as the case may
be, adopts the previously held IEP or devel-
ops, adopts, and implements a new IEP
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that is consistent with Federal and State
law.
‘‘(ii) TRANSMITTAL OF RECORDS.—To
facilitate the transition for a child described
in clause (i), the new school in which the
child enrolls shall immediately request the
child’s records from the previous schools in
which the child was enrolled and the pre-
vious schools in which the child was en-
rolled shall immediately transmit to the
new school, upon such request, the IEP and
supporting 
documents 
and 
any 
other
records relating to the provision of special
education or related services to the child.
‘‘(3) DEVELOPMENT OF IEP.—
‘‘(A) IN
GENERAL.—In developing each
child’s IEP, the IEP Team, subject to subpara-
graph (C), shall consider—
‘‘(i) the strengths of the child;
‘‘(ii) the concerns of the parents for en-
hancing the education of their child;
‘‘(iii) the results of the initial evalua-
tion or most recent evaluation of the child;
and
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‘‘(iv) the academic, developmental, and
functional needs of the child.
‘‘(B) CONSIDERATION
OF
SPECIAL
FAC-
TORS.—The IEP Team shall—
‘‘(i) in the case of a child whose behav-
ior impedes the child’s learning or that of
others, provide for positive behavioral inter-
ventions and supports, and other strategies
to address that behavior;
‘‘(ii) in the case of a child with limited
English proficiency, consider the language
needs of the child as such needs relate to the
child’s IEP;
‘‘(iii) in the case of a child who is
blind or visually impaired—
‘‘(I) provide for instruction in
Braille and the use of Braille unless
the IEP Team determines, after an
evaluation of the child’s reading and
writing skills, needs, and appropriate
reading and writing media (including
an evaluation of the child’s future
needs for instruction in Braille or the
use of Braille), that instruction in
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Braille or the use of Braille is not ap-
propriate for the child; and
‘‘(II) consider, when appropriate,
instructional services related to func-
tional performance skills, orientation
and mobility, and skills in the use of
assistive technology devices, including
low vision devices;
‘‘(iv) 
consider 
the 
communication
needs of the child, and in the case of a child
who is deaf or hard of hearing, consider the
child’s language and communication needs,
opportunities for direct communications
with peers and professional personnel in the
child’s language and communication mode,
academic level, and full range of needs, in-
cluding opportunities for direct instruction
in the child’s language and communication
mode; and
‘‘(v) consider whether the child requires
assistive technology devices and services.
‘‘(C) REQUIREMENT
WITH
RESPECT
TO
REGULAR EDUCATION TEACHER.—A regular edu-
cation teacher of the child, as a member of the
IEP Team shall, to the extent appropriate, par-
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ticipate in the development of the IEP of the
child, including the determination of appro-
priate positive behavioral interventions and sup-
ports, and other strategies, and the determina-
tion of supplementary aids and services, pro-
gram modifications, and support for school per-
sonnel consistent with paragraph (1)(A)(i)(IV).
‘‘(D) AGREEMENT.—In making changes to
a child’s IEP after the annual IEP meeting for
a school year, the parent of a child with a dis-
ability and the local educational agency may
agree not to convene an IEP meeting for the pur-
poses of making such changes, and instead may
develop a written document to amend or modify
the child’s current IEP.
‘‘(E) CONSOLIDATION OF IEP TEAM MEET-
INGS.—To the extent possible, the local edu-
cational agency shall encourage the consolidation
of reevaluations of a child with IEP Team meet-
ings for the child.
‘‘(4) REVIEW AND REVISION OF IEP.—
‘‘(A) IN GENERAL.—The local educational
agency shall ensure that, subject to subparagraph
(B), the IEP Team—
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‘‘(i) reviews the child’s IEP periodi-
cally, but not less than annually, to deter-
mine whether the annual goals for the child
are being achieved; and
‘‘(ii) revise the IEP as appropriate to
address—
‘‘(I) any lack of expected progress
toward the annual goals and in the
general curriculum, where appropriate;
‘‘(II) the results of any reevalua-
tion conducted under this section;
‘‘(III) information about the child
provided to, or by, the parents, as de-
scribed in subsection (c)(1)(B);
‘‘(IV) 
the 
child’s 
anticipated
needs; or
‘‘(V) other matters.
‘‘(B) REQUIREMENT
WITH
RESPECT
TO
REGULAR EDUCATION TEACHER.—A regular edu-
cation teacher of the child, as a member of the
IEP Team, shall, consistent with paragraph
(1)(C), participate in the review and revision of
the IEP of the child.
‘‘(5) THREE-YEAR IEP.—
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‘‘(A) DEVELOPMENT OF 3-YEAR IEP.—The
local educational agency may offer a child with
a disability who has reached the age of 18, the
option of developing a comprehensive 3-year
IEP. With the consent of the parent, when ap-
propriate, the IEP Team shall develop an IEP,
as described in paragraphs (1) and (3), that is
designed to serve the child for the final 3-year
transition period, which includes a statement
of—
‘‘(i) measurable goals that will enable
the child to be involved in and make
progress in the general education cur-
riculum and that will meet the child’s tran-
sitional and postsecondary needs that result
from the child’s disability; and
‘‘(ii) measurable annual goals for
measuring progress toward meeting the
postsecondary goals described in clause (i).
‘‘(B) REVIEW
AND
REVISION
OF
3-YEAR
IEP.—
‘‘(i) REQUIREMENT.—Each year the
local educational agency shall ensure that
the IEP Team—
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‘‘(I) provides an annual review of
the child’s IEP to determine the child’s
current levels of progress and deter-
mine whether the annual goals for the
child are being achieved; and
‘‘(II) revises the IEP, as appro-
priate, to enable the child to continue
to meet the measurable transition goals
set out in the IEP.
‘‘(ii) COMPREHENSIVE REVIEW.—If the
review under clause (i) determines that the
child is not making sufficient progress to-
ward the goals described in subparagraph
(A), the local educational agency shall en-
sure that the IEP Team provides a review,
within 30 calendar days, of the IEP under
paragraph (4).
‘‘(iii) PREFERENCE.—At the request of
the child, or when appropriate, the parent,
the IEP Team shall conduct a review of the
child’s 3-year IEP under paragraph (4)
rather than an annual review under sub-
paragraph (B)(i).
‘‘(6) FAILURE
TO
MEET
TRANSITION
OBJEC-
TIVES.—If a participating agency, other than the
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local educational agency, fails to provide the transi-
tion services described in the IEP in accordance with
paragraph (1)(A)(i)(VIII), the local educational agen-
cy shall reconvene the IEP Team to identify alter-
native strategies to meet the transition objectives for
the child set out in that program.
‘‘(7) CHILDREN
WITH
DISABILITIES
IN
ADULT
PRISONS.—
‘‘(A) IN GENERAL.—The following require-
ments shall not apply to children with disabil-
ities who are convicted as adults under State law
and incarcerated in adult prisons:
‘‘(i) The requirements contained in sec-
tion 612(a)(16) and paragraph (1)(A)(i)(V)
(relating to participation of children with
disabilities in general assessments).
‘‘(ii) The requirements of items (aa)
and (bb) of paragraph (1)(A)(i)(VIII) (re-
lating to transition planning and transi-
tion services), do not apply with respect to
such children whose eligibility under this
part will end, because of their age, before
they will be released from prison.
‘‘(B) ADDITIONAL
REQUIREMENT.—If a
child with a disability is convicted as an adult
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under State law and incarcerated in an adult
prison, the child’s IEP Team may modify the
child’s IEP or placement notwithstanding the re-
quirements 
of 
sections 
612(a)(5)(A) 
and
614(d)(1)(A) if the State has demonstrated a
bona fide security or compelling penological in-
terest that cannot otherwise be accommodated.
‘‘(e) EDUCATIONAL PLACEMENTS.—Each local edu-
cational agency or State educational agency shall ensure
that the parents of each child with a disability are members
of any group that makes decisions on the educational place-
ment of their child. Decisions regarding the educational
placement of a child with a disability who is a homeless
child shall comply with the requirements described under
section 722(g)(3) of the McKinney-Vento Homeless Assist-
ance Act.
‘‘(f) ALTERNATIVE MEANS OF MEETING PARTICIPA-
TION.—When conducting IEP Team meetings and place-
ment meetings pursuant to this section, the parent of a child
with a disability and a local educational agency may agree
to use alternative means of meeting participation, such as
video conferences and conference calls.
‘‘SEC. 615. PROCEDURAL SAFEGUARDS.
‘‘(a) ESTABLISHMENT OF PROCEDURES.—Any State
educational agency, State agency, or local educational
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agency that receives assistance under this part shall estab-
lish and maintain procedures in accordance with this sec-
tion to ensure that children with disabilities, including chil-
dren with disabilities who are wards of the State, and their
parents are guaranteed procedural safeguards with respect
to the provision of free appropriate public education by
such agencies.
‘‘(b) TYPES
OF PROCEDURES.—The procedures re-
quired by this section shall include—
‘‘(1) an opportunity for the parents of a child
with a disability to examine all records relating to
such child and to participate in meetings with respect
to the identification, evaluation, and educational
placement of the child, and the provision of a free ap-
propriate public education to such child, and to ob-
tain an independent educational evaluation of the
child;
‘‘(2) procedures to protect the rights of the child
whenever the parents of the child are not known, the
agency cannot, after reasonable efforts, locate the par-
ents, the child is a ward of the State, or the child is
a homeless child who is not in the physical custody
of a parent or guardian including the assignment of
an individual (who shall not be an employee of the
State educational agency, the local educational agen-
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cy, or any other agency that is involved in the edu-
cation or care of the child) to act as a surrogate for
the parents in accordance with subsection (o);
‘‘(3) written prior notice to the parents of the
child, in accordance with subsection (c)(1), whenever
the local educational agency—
‘‘(A) proposes to initiate or change; or
‘‘(B) refuses to initiate or change,
the identification, evaluation, or educational place-
ment of the child, or the provision of a free appro-
priate public education to the child;
‘‘(4) procedures designed to ensure that the notice
required by paragraph (3) is in the native language
of the parents, unless it clearly is not feasible to do
so;
‘‘(5) an opportunity for mediation in accordance
with subsection (e);
‘‘(6) an opportunity for either party to present
complaints with respect to any matter relating to the
identification, evaluation, or educational placement of
the child, or the provision of a free appropriate public
education to such child;
‘‘(7)(A) procedures that require either party, or
the attorney representing a party, to provide due
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process complaint notice in accordance with sub-
section (c)(2) (which shall remain confidential)—
‘‘(i) to the other party, in the complaint
filed under paragraph (6), and forward a copy
of such notice to the State educational agency;
and
‘‘(ii) that shall include—
‘‘(I) the name of the child, the address
of the residence of the child (or available
contact information in the case of a home-
less child), and the name of the school the
child is attending;
‘‘(II) in the case of a homeless child or
youth (within the meaning of section 725(2)
of the McKinney-Vento Homeless Assistance
Act (42 U.S.C. 11434a(2)), available con-
tact information for the child and the name
of the school the child is attending;
‘‘(III) a description of the nature of the
problem of the child relating to such pro-
posed initiation or change, including facts
relating to such problem; and
‘‘(IV) a proposed resolution of the
problem to the extent known and available
to the party at the time; and
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‘‘(B) a requirement that a party may not have
a due process hearing until the party, or the attorney
representing the party, files a notice that meets the
requirements of subparagraph (A)(ii);
‘‘(8) a requirement that the local educational
agency shall send a prior written notice pursuant to
subsection (c)(1) in response to a parent’s due process
complaint notice under paragraph (7) if the local
educational agency has not sent such a prior written
notice to the parent regarding the subject matter con-
tained in the parent’s due process complaint notice;
and
‘‘(9) procedures that require the State edu-
cational agency to develop a model form to assist par-
ents in filing a complaint and due process complaint
notice in accordance with paragraphs (6) and (7), re-
spectively.
‘‘(10) procedures to protect the rights of the child
whenever the child is a ward of the State, including
procedures that preserve the rights of the natural or
adoptive parent to make the decisions required of par-
ents under this Act (unless such rights have been ex-
tinguished under State law) but that permit a child
who is represented in juvenile court by an attorney,
guardian ad litem, or another individual, to have
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such attorney, guardian ad litem, or other individual
present in any meetings, mediation proceedings, or
hearings provided under this Act.
‘‘(c) NOTIFICATION REQUIREMENTS.—
‘‘(1) CONTENT OF PRIOR WRITTEN NOTICE.—The
prior written notice of the local educational agency
required by subsection (b)(3) shall include—
‘‘(A) a description of the action proposed or
refused by the agency;
‘‘(B) an explanation of why the agency pro-
poses or refuses to take the action;
‘‘(C) a description of any other options that
the agency considered and the reasons why those
options were rejected;
‘‘(D) a description of each evaluation proce-
dure, test, record, or report the agency used as a
basis for the proposed or refused action;
‘‘(E) a description of any other factors that
are relevant to the agency’s proposal or refusal;
‘‘(F) a statement that the parents of a child
with a disability have protection under the pro-
cedural safeguards of this part and, if this notice
is not an initial referral for evaluation, the
means by which a copy of a description of the
procedural safeguards can be obtained; and
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‘‘(G) sources for parents to contact to obtain
assistance in understanding the provisions of
this part.
‘‘(2) DUE PROCESS COMPLAINT NOTICE.—
‘‘(A) IN GENERAL.—The due process com-
plaint notice required under subsection (b)(7)(A)
shall be deemed to be sufficient unless the party
receiving the notice notifies the hearing officer
and the other party in writing that the receiving
party believes the notice has not met the require-
ments of that subsection.
‘‘(B) TIMING.—The party sending a hearing
officer notification under subparagraph (A) shall
send the notification within 20 days of receiving
the complaint.
‘‘(C) DETERMINATION.—Within 5 days of
receipt of the notification provided under sub-
paragraph (B), the hearing officer shall make a
determination on the face of the notice of whether
the notification meets the requirements of sub-
section (b)(7)(A), and shall immediately notify
both parties in writing of such determination.
‘‘(D) PARENT’S AMENDED NOTICE OF COM-
PLAINT.—
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‘‘(i) IN
GENERAL.—A parent may
amend the parent’s due process complaint
notice only if—
‘‘(I) the public agency consents in
writing to such amendment and is
given the opportunity to resolve the
complaint through a meeting held pur-
suant to subsection (f)(1)(B); or
‘‘(II) the hearing officer grants
permission, but may do so only before
a due process hearing occurs.
‘‘(ii) APPLICABLE TIMELINE.—The ap-
plicable timeline for a due process hearing
under this part shall recommence at the
time the party files an amended notice.
‘‘(d) PROCEDURAL SAFEGUARDS NOTICE.—
‘‘(1) IN
GENERAL.—A copy of the procedural
safeguards available to the parents of a child with a
disability shall be given to the parents only 1 time a
year, except that a copy also shall be given to the
parents—
‘‘(A) upon initial referral or parental re-
quest for evaluation;
‘‘(B) upon registration of a complaint
under subsection (b)(6); and
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‘‘(C) upon request by a parent.
‘‘(2) CONTENTS.—The procedural safeguards no-
tice shall include a full explanation of the procedural
safeguards, written in the native language of the par-
ents, unless it clearly is not feasible to do so, and
written in an easily understandable manner, avail-
able under this section and under regulations promul-
gated by the Secretary relating to—
‘‘(A) independent educational evaluation;
‘‘(B) prior written notice;
‘‘(C) parental consent;
‘‘(D) access to educational records;
‘‘(E) the opportunity to present and resolve
complaints, including—
‘‘(i) the time period in which to make
a complaint;
‘‘(ii) the opportunity for the agency to
resolve the complaint; and
‘‘(iii) the availability of mediation;
‘‘(F) the child’s placement during pendency
of due process proceedings;
‘‘(G) procedures for students who are subject
to placement in an interim alternative edu-
cational setting;
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‘‘(H) requirements for unilateral placement
by parents of children in private schools at pub-
lic expense;
‘‘(I) due process hearings, including re-
quirements for disclosure of evaluation results
and recommendations;
‘‘(J) State-level appeals (if applicable in
that State);
‘‘(K) civil actions, including the time period
in which to file such actions; and
‘‘(L) attorney’s fees.
‘‘(e) MEDIATION.—
‘‘(1) IN GENERAL.—Any State educational agen-
cy or local educational agency that receives assistance
under this part shall ensure that procedures are estab-
lished and implemented to allow parties to disputes
involving any matter, including matters arising prior
to the filing of a complaint pursuant to subsection
(b)(6), 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—
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‘‘(i) is voluntary on the part of the
parties;
‘‘(ii) is not used to deny or delay a
parent’s right to a due process hearing
under subsection (f), or to deny any other
rights afforded under this part; and
‘‘(iii) is conducted by a qualified and
impartial mediator who is trained in effec-
tive mediation techniques.
‘‘(B) OPPORTUNITY TO MEET WITH A DISIN-
TERESTED PARTY.—A local educational agency
or a State agency may establish procedures to
offer to parents and schools who choose not to use
the mediation process, an opportunity to meet,
at a time and location convenient to the parents,
with a disinterested party who is under contract
with—
‘‘(i) a parent training and informa-
tion center or community parent resource
center in the State established under section
671 or 672; or
‘‘(ii) an appropriate alternative dis-
pute resolution entity,
to encourage the use, and explain the benefits, of
the mediation process to the parents.
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‘‘(C) LIST OF QUALIFIED MEDIATORS.—The
State shall maintain a list of individuals who
are qualified mediators and knowledgeable in
laws and regulations relating to the provision of
special education and related services.
‘‘(D) COSTS.—The State shall bear the cost
of the mediation process, including the costs of
meetings described in subparagraph (B).
‘‘(E) SCHEDULING
AND
LOCATION.—Each
session in the mediation process shall be sched-
uled in a timely manner and shall be held in a
location that is convenient to the parties to the
dispute.
‘‘(F) WRITTEN MEDIATION AGREEMENT.—
An agreement reached by the parties to the dis-
pute in the mediation process shall be set forth
in a written mediation agreement that is en-
forceable in any State court of competent juris-
diction or in a district court of the United
States.
‘‘(G) 
MEDIATION
DISCUSSIONS.—Discus-
sions that occur during the mediation process
shall be confidential and may not be used as evi-
dence in any subsequent due process hearings or
civil proceedings, and the parties to the medi-
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ation process may be required to sign a confiden-
tiality pledge prior to the commencement of such
process.
‘‘(f) IMPARTIAL DUE PROCESS HEARING.—
‘‘(1) IN GENERAL.—
‘‘(A) HEARING.—Whenever a complaint has
been received under subsection (b)(6) or (k), the
parents or the local educational agency involved
in such complaint shall have an opportunity for
an impartial due process hearing, which shall be
conducted by the State educational agency or by
the local educational agency, as determined by
State law or by the State educational agency.
‘‘(B) OPPORTUNITY
TO
RESOLVE
COM-
PLAINT.—
‘‘(i) PRELIMINARY MEETING.—Prior to
the opportunity for an impartial due proc-
ess hearing under subparagraph (A), the
local educational agency shall convene a
meeting with the parents and the IEP
Team—
‘‘(I) within 15 days of receiving
notice of the parents’ complaint;
‘‘(II) which shall include a rep-
resentative of the public agency who
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has decisionmaking authority on behalf
of such agency;
‘‘(III) which may not include an
attorney of the local educational agen-
cy unless the parent is accompanied by
an attorney; and
‘‘(IV) where the parents of the
child discuss their complaint, and the
specific issues that form the basis of the
complaint, and the local educational
agency is provided the opportunity to
resolve the complaint,
unless the parents and the local educational
agency agree in writing to waive such meet-
ing, or agree to use the mediation process
described in subsection (e).
‘‘(ii) HEARING.—If the local edu-
cational agency has not resolved the com-
plaint to the satisfaction of the parents
within 15 days of the receipt of the com-
plaint, the due process hearing may occur,
and all of the applicable timelines for a due
process hearing under this part shall com-
mence.
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‘‘(iii) WRITTEN SETTLEMENT AGREE-
MENT.—In the case that an agreement is
reached to resolve the complaint at such
meeting, the agreement shall be set forth in
a written settlement agreement that is—
‘‘(I) signed by both the parent and
a representative of the public agency
who has decisionmaking authority on
behalf of such agency; and
‘‘(II) enforceable in any State
court of competent jurisdiction or in a
district court of the United States.
‘‘(2) DISCLOSURE
OF
EVALUATIONS
AND
REC-
OMMENDATIONS.—
‘‘(A) IN GENERAL.—Not less than 5 business
days prior to a hearing conducted pursuant to
paragraph (1), each party shall disclose to all
other parties all evaluations completed by that
date, and recommendations based on the offering
party’s evaluations, that the party intends to use
at the hearing.
‘‘(B) FAILURE TO DISCLOSE.—A hearing of-
ficer may bar any party that fails to comply
with subparagraph (A) from introducing the rel-
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evant evaluation or recommendation at the hear-
ing without the consent of the other party.
‘‘(3) LIMITATIONS ON HEARING.—
‘‘(A) PERSON
CONDUCTING
HEARING.—A
hearing officer conducting a hearing pursuant to
paragraph (1)(A) shall, at a minimum—
‘‘(i) not be—
‘‘(I) an employee of the State edu-
cational agency or the local edu-
cational agency involved in the edu-
cation or care of the child; or
‘‘(II) a person having a personal
or professional interest that conflicts
with the person’s objectivity in the
hearing;
‘‘(ii) possess a fundamental under-
standing of this Act, Federal and State reg-
ulations pertaining to this Act, and inter-
pretations of this Act by State and Federal
courts;
‘‘(iii) possess the knowledge and ability
to conduct hearings in accordance with ap-
propriate, standard legal practice; and
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‘‘(iv) possess the knowledge and ability
to render and write decisions in accordance
with appropriate, standard legal practice.
‘‘(B) SUBJECT MATTER OF HEARING.—The
party requesting the due process hearing shall
not be allowed to raise issues at the due process
hearing that were not raised in the notice filed
under subsection (b)(7), unless the other party
agrees otherwise.
‘‘(C) RULE OF CONSTRUCTION.—Nothing in
this section shall be construed to preclude a par-
ent from filing a separate due process complaint
on an issue separate from a due process com-
plaint already filed.
‘‘(D) TIMELINE
FOR
REQUESTING
HEAR-
ING.—A parent or public agency shall request an
impartial due process hearing within 2 years of
the date the parent or public agency knew or
should have known about the alleged action that
forms the basis of the complaint, or, if the State
has an explicit time limitation for requesting
such a hearing under this part, in such time as
the State law allows.
‘‘(E) EXCEPTION TO THE TIMELINE.—The
timeline described in subparagraph (D) shall not
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apply if the parent was prevented from request-
ing the hearing due to—
‘‘(i) failure of the local educational
agency to provide prior written or proce-
dural safeguards notices;
‘‘(ii) false representations that the local
educational agency was attempting to re-
solve the problem forming the basis of the
complaint; or
‘‘(iii) the local educational agency’s
withholding of information from parents.
‘‘(F) DECISION OF HEARING OFFICER.—
‘‘(i) IN
GENERAL.—Subject to clause
(ii), a decision made by a hearing officer
shall be made on substantive grounds based
on a determination of whether the child re-
ceived a free appropriate public education.
‘‘(ii) PROCEDURAL ISSUES.—In mat-
ters alleging a procedural violation, a hear-
ing officer may find that a child did not re-
ceive a free appropriate public education
only if the procedural inadequacies—
‘‘(I) compromised the child’s right
to an appropriate public education;
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‘‘(II) seriously hampered the par-
ents’ opportunity to participate in the
process; or
‘‘(III) caused a deprivation of
educational benefits.
‘‘(iii) RULE OF CONSTRUCTION.—Noth-
ing in this paragraph shall be construed to
preclude a hearing officer from ordering a
local educational agency to comply with
procedural requirements under this section.
‘‘(G) RULE OF CONSTRUCTION.—Nothing in
this section shall be construed to affect the right
of a parent to file a complaint with the State
educational agency.
‘‘(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 State educational agency shall
conduct an impartial review of such decision. The officer
conducting such review shall make an independent decision
upon completion of such review.
‘‘(h) SAFEGUARDS.—Any party to a hearing conducted
pursuant to subsection (f) or (k), or an appeal conducted
pursuant to subsection (g), shall be accorded—
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‘‘(1) the right to be accompanied and advised by
counsel and by individuals with special knowledge or
training with respect to the problems of children with
disabilities;
‘‘(2) the right to present evidence and confront,
cross-examine, and compel the attendance of wit-
nesses;
‘‘(3) the right to a written, or, at the option of
the parents, electronic verbatim record of such hear-
ing; and
‘‘(4) the right to a written, or, at the option of
the parents, electronic findings of fact and decisions,
which findings and decisions—
‘‘(A) shall be made available to the public
consistent with the requirements of section 617(b)
(relating to the confidentiality of data, informa-
tion, and records); and
‘‘(B) shall be transmitted to the advisory
panel established pursuant to section 612(a)(20).
‘‘(i) ADMINISTRATIVE PROCEDURES.—
‘‘(1) IN GENERAL.—
‘‘(A) DECISION MADE IN HEARING.—A deci-
sion made in a hearing conducted pursuant to
subsection (f) or (k) shall be final, except that
any party involved in such hearing may appeal
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‘‘(C) ADDITIONAL REQUIREMENTS.—In any
action brought under this paragraph, the court—
‘‘(i) shall receive the records of the ad-
ministrative 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 such
relief as the court determines is appro-
priate.
‘‘(3) JURISDICTION OF DISTRICT COURTS; ATTOR-
NEYS’ 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.—
‘‘(i) IN GENERAL.—In any action or
proceeding brought under this section, the
court, in its discretion, may award reason-
able attorneys’ fees as part of the costs—
‘‘(I) to a prevailing party who is
the parent of a child with a disability;
‘‘(II) to a prevailing party who is
a State educational agency or local
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educational agency against the attor-
ney of a parent who files a complaint
or subsequent cause of action that is
frivolous, unreasonable, or without
foundation, or against the attorney of
a parent who continued to litigate
after the litigation clearly became friv-
olous, unreasonable, or without founda-
tion; or
‘‘(III) to a State educational
agency or local educational agency
against the attorney of a parent, or
against the parent, if the parent’s com-
plaint or subsequent cause of action
was presented for any improper pur-
pose, such as to harass or to cause un-
necessary delay or needless increase in
the cost of litigation.
‘‘(ii) RULE OF CONSTRUCTION.—Noth-
ing in this subparagraph shall be construed
to affect section 432 of the District of Co-
lumbia Appropriations Act, 2004.
‘‘(C) DETERMINATION OF AMOUNT OF AT-
TORNEYS’ FEES.—Fees awarded under this para-
graph shall be based on rates prevailing in the
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community in which the action or proceeding
arose for the kind and quality of services fur-
nished. 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 SERVICES.—
‘‘(i) IN GENERAL.—Attorneys’ fees may
not be awarded and related costs may not
be reimbursed in any action or proceeding
under this section 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 Fed-
eral Rules of Civil Procedure or, in the
case of an administrative proceeding,
at any time more than 10 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 fi-
nally obtained by the parents is not
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more favorable to the parents than the
offer of settlement.
‘‘(ii) IEP TEAM
MEETINGS.—Attor-
neys’ fees may not be awarded relating to
any meeting of the IEP Team unless such
meeting is convened as a result of an ad-
ministrative proceeding or judicial action,
or, at the discretion of the State, for a medi-
ation described in subsection (e).
‘‘(iii) OPPORTUNITY TO RESOLVE COM-
PLAINTS.—A meeting conducted pursuant to
subsection 
(f)(1)(B)(i) 
shall 
not 
be
considered—
‘‘(I) a meeting convened as a re-
sult of an administrative hearing or
judicial action; or
‘‘(II) an administrative hearing
or judicial action for purposes of this
paragraph.
‘‘(E) EXCEPTION TO PROHIBITION ON AT-
TORNEYS’ FEES AND RELATED COSTS.—Notwith-
standing subparagraph (D), an award of attor-
neys’ fees and related costs may be made to a
parent who is the prevailing party and who was
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substantially justified in rejecting the settlement
offer.
‘‘(F) REDUCTION
IN
AMOUNT
OF
ATTOR-
NEYS’ FEES.—Except as provided in subpara-
graph (G), whenever the court finds that—
‘‘(i) the parent, or the parent’s attor-
ney, during the course of the action or pro-
ceeding, unreasonably protracted the final
resolution of the controversy;
‘‘(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 at-
torneys of reasonably comparable skill, rep-
utation, and experience;
‘‘(iii) the time spent and legal services
furnished were excessive considering the na-
ture of the action or proceeding; or
‘‘(iv) the attorney representing the par-
ent did not provide to the local educational
agency the appropriate information in the
notice of the complaint described in sub-
section (b)(7)(A),
the court shall reduce, accordingly, the amount of
the attorneys’ fees awarded under this section.
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‘‘(G) EXCEPTION TO REDUCTION IN AMOUNT
OF ATTORNEYS’ FEES.—The provisions of sub-
paragraph (F) shall not apply in any action or
proceeding if the court finds that the State or
local educational agency unreasonably protracted
the final resolution of the action or proceeding or
there was a violation of this section.
‘‘(4) PARENTS REPRESENTING THEIR CHILDREN
IN COURT.—Subject to subsection (m), and notwith-
standing any other provision of Federal law regard-
ing attorney representation (including the Federal
Rules of Civil Procedure), a parent of a child with a
disability may represent the child in any action
under this part in Federal or State court, without the
assistance of an attorney.
‘‘(j) 
MAINTENANCE
OF
CURRENT
EDUCATIONAL
PLACEMENT.—Except as provided in subsection (k)(4), 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 com-
pleted.
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‘‘(k) PLACEMENT IN ALTERNATIVE EDUCATIONAL SET-
TING.—
‘‘(1) AUTHORITY OF SCHOOL PERSONNEL.—
‘‘(A) IN GENERAL.—School personnel under
this section may order a change in the placement
of a child with a disability who violates a code
of student conduct to an appropriate interim al-
ternative educational setting, another setting, or
suspension, for not more than 10 school days (to
the extent such alternatives are applied to chil-
dren without disabilities).
‘‘(B) ADDITIONAL
AUTHORITY.—If school
personnel seek to order a change in placement
that would exceed 10 school days and the behav-
ior that gave rise to the violation of the school
code is determined not to be a manifestation of
the child’s disability pursuant to subparagraph
(C), the relevant disciplinary procedures appli-
cable to children without disabilities may be ap-
plied to the child in the same manner in which
the procedures would be applied to children with-
out disabilities, except as provided in section
612(a)(1).
‘‘(C) MANIFESTATION DETERMINATION.—
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‘‘(i) IN GENERAL.—Except as provided
in subparagraphs (A) and (D), within 10
school days of any decision to change the
placement of a child with a disability be-
cause of a violation of a code of student con-
duct, the IEP Team shall review all rel-
evant information in the student’s file, any
information provided by the parents, and
teacher observations, to determine—
‘‘(I) if the conduct in question
was the result of the child’s disability;
or
‘‘(II) if the conduct in question
resulted from the failure to implement
the IEP or to implement behavioral
interventions as required by section
614(d)(3)(B)(i).
‘‘(ii) MANIFESTATION.—If the IEP
Team determines that either subclause (I)
or (II) of clause (i) is applicable for the
child, the conduct shall be determined to be
a manifestation of the child’s disability.
‘‘(D) SPECIAL
CIRCUMSTANCES.—In cases
where a child—
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‘‘(i) carries or possesses a weapon to or
at school, on school premises, or to or at a
school function under the jurisdiction of a
State or local educational agency; or
‘‘(ii) knowingly possesses or uses illegal
drugs, or sells or solicits the sale of a con-
trolled substance, while at school or a school
function under the jurisdiction of a State or
local educational agency; or
‘‘(iii) has committed serious bodily in-
jury upon another person while at school or
at a school function under the jurisdiction
of a State or local educational agency,
school personnel may remove a student to an in-
terim alternative educational setting for not
more than 45 school days, without regard to
whether the behavior is determined to be a mani-
festation of the child’s disability.
‘‘(E) NOTIFICATION.—Not later than the
date on which the decision to take disciplinary
action is made, the local educational agency
shall notify the parents of that decision, and of
all procedural safeguards accorded under this
section.
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‘‘(F) SERVICES.—A child with a disability
who is removed from the child’s current place-
ment under subparagraph (B) or (D) shall—
‘‘(i) continue to receive educational
services pursuant to section 612(a)(1), so as
to enable the child to continue to partici-
pate in the general education curriculum,
although in another setting, and to progress
toward meeting the goals set out in the
child’s IEP; and
‘‘(ii) receive behavioral intervention
services 
as 
described 
in 
section
614(d)(3)(B)(i), and a functional behavioral
assessment (but only if the local educational
agency did not conduct such an assessment
before the violation occurred), designed to
address the behavior violation so that the
violation does not recur.
‘‘(2) DETERMINATION OF SETTING.—The alter-
native educational setting shall be determined by the
IEP Team.
‘‘(3) APPEAL.—
‘‘(A) IN GENERAL.—The parent of a child
with a disability who disagrees with any deci-
sion regarding disciplinary action, placement, or
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the manifestation determination under this sub-
section, or a local educational agency that be-
lieves that maintaining the current placement of
the child is substantially likely to result in in-
jury to the child or to others, may request a
hearing.
‘‘(B) AUTHORITY OF HEARING OFFICER.—
‘‘(i) IN GENERAL.—If a parent of a
child with a disability disagrees with a de-
cision as described in subparagraph (A), the
hearing officer may determine whether the
decision regarding such action was appro-
priate.
‘‘(ii) 
CHANGE
OF
PLACEMENT
ORDER.—A hearing officer under this sec-
tion may order a change in placement of a
child with a disability to an appropriate
interim alternative educational setting for
not more than 45 school days if the hearing
officer determines that maintaining the cur-
rent placement of such child is substantially
likely to result in injury to the child or to
others.
‘‘(4) PLACEMENT
DURING
APPEALS.—When a
parent requests a hearing regarding a disciplinary
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procedure described in paragraph (1)(B) or challenges
the interim alternative educational setting or mani-
festation determination—
‘‘(A) the child shall remain in the interim
alternative educational setting pending the deci-
sion of the hearing officer or until the expiration
of the time period provided for in paragraph
(1)(B), whichever occurs first, unless the parent
and the State or local educational agency agree
otherwise; and
‘‘(B) the State or local educational agency
shall arrange for an expedited hearing, which
shall occur within 20 school days of the date the
hearing is requested.
‘‘(5) PROTECTIONS FOR CHILDREN NOT YET ELI-
GIBLE FOR SPECIAL EDUCATION AND RELATED SERV-
ICES.—
‘‘(A) IN GENERAL.—A child who has not
been determined to be eligible for special edu-
cation and related services under this part and
who has engaged in behavior that violates a code
of student conduct, may assert any of the protec-
tions provided for in this part if the local edu-
cational agency had knowledge (as determined in
accordance with this paragraph) that the child
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was a child with a disability before the behavior
that precipitated the disciplinary action oc-
curred.
‘‘(B) BASIS OF KNOWLEDGE.—A local edu-
cational agency shall be deemed to have knowl-
edge that a child is a child with a disability if,
before the behavior that precipitated the discipli-
nary action occurred—
‘‘(i) the parent of the child has ex-
pressed concern in writing (unless the par-
ent is illiterate or has a disability that pre-
vents compliance with the requirements con-
tained in this clause) to personnel of the ap-
propriate educational agency that the child
is in need of special education and related
services;
‘‘(ii) the parent of the child has re-
quested an evaluation of the child pursuant
to section 614;
‘‘(iii) the teacher of the child, or other
personnel of the local educational agency,
has expressed concern about a pattern of be-
havior demonstrated by the child, to the di-
rector of special education of such agency or
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to other administrative personnel of the
agency; or
‘‘(iv) the child has engaged in a pat-
tern of behavior that should have alerted
personnel of the local educational agency
that the child may be in need of special
education and related services.
‘‘(C) 
EXCEPTION.—A 
local 
educational
agency shall not be deemed to have knowledge
that the child has a disability if the parent of the
child has not agreed to allow an evaluation of
the child pursuant to section 614.
‘‘(D) CONDITIONS THAT APPLY IF NO BASIS
OF KNOWLEDGE.—
‘‘(i) IN
GENERAL.—If a local edu-
cational agency does not have knowledge
that a child is a child with a disability (in
accordance with subparagraph (B) or (C))
prior to taking disciplinary measures
against the child, the child may be subjected
to disciplinary measures applied to children
without disabilities who engaged in com-
parable behaviors consistent with clause
(ii).
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‘‘(ii) LIMITATIONS.—If a request is
made for an evaluation of a child during
the time period in which the child is sub-
jected to disciplinary measures under para-
graph (1), the evaluation shall be conducted
in an expedited manner. If the child is de-
termined 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 this
part, except that, pending the results of the
evaluation, the child shall remain in the
educational placement determined by school
authorities.
‘‘(6) REFERRAL
TO
AND
ACTION
BY
LAW
EN-
FORCEMENT AND JUDICIAL AUTHORITIES.—
‘‘(A) CONSTRUCTION.—Nothing in this part
shall be construed to prohibit an agency from re-
porting a crime committed by a child with a dis-
ability to appropriate authorities or to prevent
State law enforcement and judicial authorities
from exercising their responsibilities with regard
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to the application of Federal and State law to
crimes committed by a child with a disability.
‘‘(B) 
TRANSMITTAL
OF
RECORDS.—An
agency reporting a crime committed by a child
with a disability shall ensure that copies of the
special education and disciplinary records of the
child are transmitted for consideration by the
appropriate authorities to whom the agency re-
ports the crime.
‘‘(7) DEFINITIONS.—For purposes of this sub-
section, the following definitions apply:
‘‘(A) CONTROLLED SUBSTANCE.—The term
‘controlled substance’ means a drug or other sub-
stance identified under schedule I, II, III, IV, or
V in section 202(c) of the Controlled Substances
Act (21 U.S.C. 812(c)).
‘‘(B) ILLEGAL
DRUG.—The term ‘illegal
drug’ means a controlled substance but does not
include a controlled substance that is legally pos-
sessed or used under the supervision of a licensed
health-care professional or that is legally pos-
sessed or used under any other authority under
that Act or under any other provision of Federal
law.
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‘‘(C) WEAPON.—The term ‘weapon’ has the
meaning given the term ‘dangerous weapon’
under section 930(g)(2) of title 18, United States
Code.
‘‘(D) SERIOUS BODILY INJURY.—The term
‘serious bodily injury’ has the meaning given the
term ‘serious bodily injury’ under paragraph (3)
of subsection (h) of section 1365 of title 18,
United States Code.
‘‘(l) RULE OF CONSTRUCTION.—Nothing in this title
shall be construed to restrict or limit the rights, procedures,
and remedies available under the Constitution, the Ameri-
cans with Disabilities Act of 1990, title V of the Rehabilita-
tion Act of 1973, or other Federal laws protecting the rights
of children with disabilities, or under subtitle B of title VII
of the McKinney-Vento Homeless Assistance Act or parts
B and E of title IV of the Social Security Act, except that
before the filing of a civil action under such laws seeking
relief that is also available under this part, the procedures
under subsections (f) and (g) shall be exhausted to the same
extent as would be required had the action been brought
under this part.
‘‘(m) TRANSFER OF PARENTAL RIGHTS AT AGE OF
MAJORITY.—
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‘‘(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, who has not been deter-
mined to be incompetent, but who is determined not
to have the ability to provide informed consent with
respect to the educational program of the child, the
State shall establish procedures for appointing the
parent of the child, or if the parent is not available,
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another appropriate individual, to represent the edu-
cational interests of the child throughout the period of
eligibility of the child under this part.
‘‘(n) E-MAIL.—A parent of a child with a disability
may elect to receive notices required under this section by
e-mail communication, if the public agency makes such op-
tion available.
‘‘(o) SURROGATE PARENT.—
‘‘(1) ASSIGNMENT.—The assignment of a surro-
gate under subsection (b)(2) shall take place not more
than 30 days after either of the following takes place:
‘‘(A) The child is referred to the local edu-
cational agency for an initial evaluation to de-
termine if the child is a child with a disability.
‘‘(B) There is a determination made by the
agency that the child needs a surrogate parent
because the child’s parent cannot be identified,
the child becomes a ward of the State, or, despite
reasonable efforts to do so, the agency cannot dis-
cover the whereabouts of the parent of the child.
‘‘(2) REQUIREMENTS OF SURROGATE.—An indi-
vidual may not be assigned to act as a surrogate for
the parents under subsection (b)(2) unless the
individual—
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‘‘(A) signs a written form agreeing to make
the educational decisions required of parents
under this Act;
‘‘(B)(i) has the knowledge and skills nec-
essary to ensure adequate representation of the
child; or
‘‘(ii) agrees to be trained as an educational
surrogate; and
‘‘(C) has no interests that would conflict
with the interests of the child.
‘‘(3) FOSTER PARENT AS SURROGATE.—A foster
parent of a child may be assigned to act as a surro-
gate for the parents of such child under subsection
(b)(2) if the foster parent—
‘‘(A) has an ongoing, long-term parental re-
lationship with the child;
‘‘(B) agrees to make the educational deci-
sions required of parents under this Act;
‘‘(C) agrees to be trained as an educational
surrogate; and
‘‘(D) has no interest that would conflict
with the interests of the child.
‘‘SEC. 616. MONITORING, TECHNICAL ASSISTANCE, AND EN-
FORCEMENT.
‘‘(a) FEDERAL AND STATE MONITORING.—
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‘‘(1) IN GENERAL.—The Secretary shall—
‘‘(A) monitor implementation of this Act
through—
‘‘(i) oversight of the States’ exercise of
general supervision, as required in section
612(a)(11); and
‘‘(ii) the system of indicators, described
in subsection (b)(2); and
‘‘(B) enforce this Act in accordance with
subsection (c); and
‘‘(C) require States to monitor implementa-
tion of this Act by local educational agencies and
enforce this Act in accordance with paragraph
(3) of this subsection and subsection (c).
‘‘(2) FOCUSED MONITORING.—The primary focus
of Federal and State monitoring activities described
in paragraph (1) shall be on improving educational
results and functional outcomes for all children with
disabilities, while ensuring compliance with program
requirements, with a particular emphasis on those re-
quirements that are most closely related to improving
educational results for children with disabilities.
‘‘(3) MONITORING
PRIORITIES.—The Secretary
shall monitor, and shall require States to monitor, the
following priority areas:
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‘‘(A) Provision of a free appropriate public
education in the least restrictive environment.
‘‘(B) Provision of transition services, as de-
fined in section 602(33).
‘‘(C) State exercise of general supervisory
authority, including the effective use of com-
plaint resolution and mediation.
‘‘(D) Overrepresentation of racial and eth-
nic groups in special education and related serv-
ices, to the extent the overrepresentation is the
result of inappropriate policies, procedures, and
practices.
‘‘(4) PERMISSIVE AREAS OF REVIEW.—The Sec-
retary may examine other relevant information and
data, including data provided by States under section
618, and data from the State’s compliance plan under
subsection (b)(2)(C).
‘‘(b) INDICATORS.—
‘‘(1) SYSTEM.—The Secretary shall implement
and administer a system of required indicators as de-
scribed in paragraph (2) that measures the progress
of States in improving their performance under this
Act.
‘‘(2) INDICATORS.—
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‘‘(A) IN GENERAL.—Using the performance
indicators established by States under section
612(a)(15), the Secretary shall review—
‘‘(i) the performance of children with
disabilities in the State on assessments, in-
cluding alternate assessments, dropout rates,
and graduation rates, which for purposes of
this paragraph means the number and per-
centage of students with disabilities who
graduate with a regular diploma within the
number of years specified in a student’s
IEP; and
‘‘(ii) the performance of children with
disabilities in the State on assessments, in-
cluding alternate assessments, dropout rates,
and graduation rates, as compared to the
performance and rates for all children.
‘‘(B) SECRETARY’S ASSESSMENT.—Based on
that review and a review of the State’s compli-
ance plan under subparagraph (C), the Secretary
shall assess the State’s progress in improving
educational results for children with disabilities.
‘‘(C) STATE COMPLIANCE PLAN.—Not later
than 1 year after the date of the enactment of the
Individuals with Disabilities Education Im-
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provement Act of 2004, each State shall have in
place a compliance plan developed in collabora-
tion with the Secretary. Each State’s compliance
plan shall—
‘‘(i) include benchmarks to measure
continuous progress on the priority areas
described in subsection (a)(3);
‘‘(ii) describe strategies the State will
use to achieve the benchmarks; and
‘‘(iii) be approved by the Secretary.
‘‘(D) PUBLIC REPORTING AND PRIVACY.—
‘‘(i) IN GENERAL.—After the Secretary
approves a State’s compliance plan under
subparagraph (C), the State shall use the
benchmarks in the plan and the indicators
described in this subsection to analyze the
progress of each local educational agency in
the State on those benchmarks and indica-
tors.
‘‘(ii) REPORT.—The State shall report
annually to the public on each local edu-
cational agency’s progress under clause (i),
except where doing so would result in the
disclosure of personally identifiable infor-
mation about individual children or where
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the available data is insufficient to yield
statistically reliable information.
‘‘(3) DATA
COLLECTION
AND
ANALYSIS.—The
Secretary shall—
‘‘(A) review the data collection and analysis
capacity of States to ensure that data and infor-
mation determined necessary for implementation
of this subsection is collected, analyzed, and ac-
curately reported to the Secretary; and
‘‘(B) provide technical assistance to improve
the capacity of States to meet these data collec-
tion requirements.
‘‘(c) COMPLIANCE AND ENFORCEMENT.—
‘‘(1) IN GENERAL.—The Secretary shall examine
relevant State information and data annually, to de-
termine whether the State is making satisfactory
progress toward improving educational results for
children with disabilities using the indicators de-
scribed in subsection (b)(2)(A) and the benchmarks es-
tablished in the State compliance plan under sub-
section (b)(2)(C), and is in compliance with the pro-
visions of this Act.
‘‘(2) LACK OF SATISFACTORY PROGRESS BY A
STATE.—
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‘‘(A) IN
GENERAL.—If after examining
data, as provided in subsection (b)(2) (A) and
(C), the Secretary determines that a State failed
to make satisfactory progress in meeting the in-
dicators described in subsection (b)(2)(A) or has
failed to meet the benchmarks described in sub-
section (b)(2)(C) for 2 consecutive years after the
State has developed its compliance plan, the Sec-
retary shall notify the State that the State has
failed to make satisfactory progress, and shall
take 1 or more of the following actions:
‘‘(i) Direct the use of State level funds
for technical assistance, services, or other
expenditures to ensure that the State re-
solves the area or areas of unsatisfactory
progress.
‘‘(ii) Withhold not less than 20, but not
more than 50, percent of the State’s funds
for State administration and activities for
the fiscal year under section 611(e), after
providing the State the opportunity to show
cause why the withholding should not occur,
until the Secretary determines that suffi-
cient progress has been made in improving
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educational results for children with dis-
abilities.
‘‘(B) ADDITIONAL SECRETARIAL ACTION.—
If, at the end of the 5th year after the Secretary
has approved the compliance plan that the State
has developed under subsection (b)(2)(C), the
Secretary determines that a State failed to meet
the benchmarks in the State compliance plan
and make satisfactory progress in improving
educational results for children with disabilities
pursuant to the indicators described in sub-
section (b)(2)(A), the Secretary shall take 1 or
more of the following actions:
‘‘(i) Seek to recover funds under section
452 of the General Education Provisions
Act.
‘‘(ii) After providing reasonable notice
and an opportunity for a hearing to the
State educational agency involved, with-
hold, in whole or in part, any further pay-
ments to the State under this part pursuant
to subsection (c)(5).
‘‘(iii) After providing reasonable notice
and an opportunity for a hearing to the
State educational agency involved, refer the
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matter for appropriate enforcement action,
which may include referral to the Depart-
ment of Justice.
‘‘(iv) Pending the outcome of any hear-
ing to withhold payments under clause (ii),
the Secretary may suspend payments to a
recipient, suspend the authority of the re-
cipient to obligate Federal funds, or both,
after such recipient has been given reason-
able notice and an opportunity to show
cause why future payments or authority to
obligate Federal funds should not be sus-
pended.
‘‘(C) SUBSTANTIAL NONCOMPLIANCE.—Not-
withstanding subparagraph (B), at any time
that the Secretary determines that a State is not
in substantial compliance with any provision of
this part or that there is a substantial failure to
comply with any condition of a local agency’s or
State agency’s eligibility under this part, the
Secretary shall take 1 or more of the following
actions:
‘‘(i) Request that the State prepare a
corrective action plan or improvement plan
if the Secretary determines that the State
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should be able to correct the problem within
1 year.
‘‘(ii) Identify the State as a high-risk
grantee and impose special conditions on
the State’s grant under this part.
‘‘(iii) Require the State to enter into a
compliance agreement under section 457 of
the General Education Provisions Act, if the
Secretary has reason to believe that the
State cannot correct the problem within 1
year.
‘‘(iv) Recovery of funds under section
452 of the General Education Provisions
Act.
‘‘(v) After providing reasonable notice
and an opportunity for a hearing to the
State educational agency involved, with-
hold, in whole or in part, any further pay-
ments to the State under this part.
‘‘(vi) After providing reasonable notice
and an opportunity for a hearing to the
State educational agency involved, refer the
matter for appropriate enforcement action,
which may include referral to the Depart-
ment of Justice.
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‘‘(vii) Pending the outcome of any
hearing to withhold payments under clause
(v), the Secretary may suspend payments to
a recipient, suspend the authority of the re-
cipient to obligate Federal funds, or both,
after such recipient has been given reason-
able notice and an opportunity to show
cause why future payments or authority to
obligate Federal funds should not be sus-
pended.
‘‘(3) EGREGIOUS NONCOMPLIANCE.—At any time
that the Secretary determines that a State is in egre-
gious noncompliance or is willfully disregarding the
provisions of this Act, the Secretary shall take such
additional enforcement actions as the Secretary deter-
mines to be appropriate from among those actions
specified in paragraph (2)(C), and, additionally, may
impose 1 or more of the following sanctions upon that
State:
‘‘(A) Institute a cease and desist action
under section 456 of the General Education Pro-
visions Act.
‘‘(B) Refer the case to the Office of the In-
spector General.
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‘‘(4) REPORT
TO
CONGRESS.—The Secretary
shall report to Congress within 30 days of taking en-
forcement action pursuant to paragraph (2) (B) or
(C), or (3), on the specific action taken and the rea-
sons why enforcement action was taken.
‘‘(5) NATURE
OF
WITHHOLDING.—If the Sec-
retary withholds further payments under paragraphs
(2)(B)(ii) and (2)(C)(v), the Secretary may determine
that such withholding will be limited to programs or
projects, or portions thereof, affected by the failure, or
that the State educational agency shall not make fur-
ther payments under this part to specified local edu-
cational agencies or State agencies affected by the
failure. Until the Secretary is satisfied that there is
no longer any failure to make satisfactory progress as
specified in paragraph (2)(B), or to comply with the
provisions of this part, as specified in paragraph
(2)(C), payments to the State under this part shall be
withheld in whole or in part, or payments by the
State educational agency under this part shall be lim-
ited to local educational agencies and State agencies
whose actions did not cause or were not involved in
the failure, as the case may be. Any State educational
agency, State agency, or local educational agency that
has received notice under paragraph (2)(B) or (2)(C)
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shall, by means of a public notice, take such measures
as may be necessary to bring the pendency of an ac-
tion pursuant to this subsection to the attention of the
public within the jurisdiction of such agency.
‘‘(6) JUDICIAL REVIEW.—
‘‘(A) IN GENERAL.—If any State is dissatis-
fied with the Secretary’s final action with re-
spect to the eligibility of the State under section
612, such State may, not later than 60 days
after notice of such action, file with the United
States court of appeals for the circuit in which
such State is located a petition for review of that
action. A copy of the petition shall be forthwith
transmitted by the clerk of the court to the Sec-
retary. The Secretary thereupon shall file in the
court the record of the proceedings upon which
the Secretary’s action was based, as provided in
section 2112 of title 28, United States Code.
‘‘(B) JURISDICTION; REVIEW
BY
UNITED
STATES SUPREME COURT.—Upon the filing of
such petition, the court shall have jurisdiction to
affirm the action of the Secretary or to set it
aside, in whole or in part. The judgment of the
court shall be subject to review by the Supreme
Court of the United States upon certiorari or
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certification as provided in section 1254 of title
28, United States Code.
‘‘(C) STANDARD OF REVIEW.—The findings
of fact by the Secretary, if supported by substan-
tial 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 proceedings. Such new or
modified findings of fact shall likewise be conclu-
sive if supported by substantial evidence.
‘‘(d) DIVIDED STATE AGENCY RESPONSIBILITY.—For
purposes of this section, where responsibility for ensuring
that the requirements of this part are met with respect to
children with disabilities who are convicted as adults under
State law and incarcerated in adult prisons is assigned to
a public agency other than the State educational agency
pursuant to section 612(a)(11)(C), the Secretary, in in-
stances where the Secretary finds that the failure to comply
substantially with the provisions of this part are related
to a failure by the public agency, shall take appropriate
corrective action to ensure compliance with this part, except
that—
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‘‘(1) any reduction or withholding of payments
to the State shall be proportionate to the total funds
allotted under section 611 to the State as the number
of eligible children with disabilities in adult prisons
under the supervision of the other public agency is
proportionate to the number of eligible individuals
with disabilities in the State under the supervision of
the State educational agency; and
‘‘(2) any withholding of funds under paragraph
(1) shall be limited to the specific agency responsible
for the failure to comply with this part.
‘‘(e) STATE AND LOCAL MONITORING.—
‘‘(1) IN GENERAL.—The State educational agen-
cy shall monitor and enforce implementation of this
Act, implement a system of monitoring the bench-
marks in the State’s compliance plan under sub-
section (b)(2)(C), and require local educational agen-
cies to monitor and enforce implementation of this
Act.
‘‘(2) ADDITIONAL ENFORCEMENT OPTIONS.—If a
State educational agency determines that a local edu-
cational agency is not meeting the requirements of
this part, including the benchmarks in the State’s
compliance plan, the State educational agency shall
prohibit the local educational agency from treating
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funds received under this part as local funds under
section 613(a)(2)(C) for any fiscal year.
‘‘SEC. 617. ADMINISTRATION.
‘‘(a) RESPONSIBILITIES
OF SECRETARY.—The Sec-
retary shall—
‘‘(1) cooperate with, and (directly or by grant or
contract) furnish technical assistance necessary to, a
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) CONFIDENTIALITY.—The Secretary shall take ap-
propriate action, in accordance with section 444 of the Gen-
eral Education Provisions Act (20 U.S.C. 1232g), to assure
the protection of the confidentiality of any personally iden-
tifiable data, information, and records collected or main-
tained by the Secretary and by State and local educational
agencies pursuant to this part.
‘‘(c) PERSONNEL.—The Secretary is authorized to hire
qualified personnel necessary to carry out the Secretary’s
duties under subsection (a) and under sections 618, 661,
and 664, without regard to the provisions of title 5, United
States Code, relating to appointments in the competitive
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service and without regard to chapter 51 and subchapter
III of chapter 53 of such title relating to classification and
general schedule pay rates, except that not more than 20
such personnel shall be employed at any 1 time.
‘‘(d) MODEL FORMS.—Not later than the date that the
Secretary publishes final regulations under this Act, to im-
plement amendments made by the Individuals with Disabil-
ities Education Improvement Act of 2004, the Secretary
shall publish and disseminate widely to States, local edu-
cational agencies, and parent and community training and
information centers—
‘‘(1) a model IEP form;
‘‘(2) a model individualized family service plan
(IFSP) form;
‘‘(3) a model form of the notice of procedural
safeguards described in section 615(d); and
‘‘(4) a model form of the prior written notice de-
scribed in section 615 (b)(3) and (c)(1) that is con-
sistent with the requirements of this part and is suffi-
cient to meet such requirements.
‘‘SEC. 618. PROGRAM INFORMATION.
‘‘(a) IN GENERAL.—Each State that receives assist-
ance under this part, and the Secretary of the Interior, shall
provide data each year to the Secretary of Education and
the public on—
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‘‘(1)(A) the number and percentage of children
with disabilities, by race, ethnicity, limited English
proficiency status, gender, and disability category,
who are receiving a free appropriate public education;
‘‘(B) the number and percentage of children with
disabilities, by race, gender, and ethnicity, who are
receiving early intervention services;
‘‘(C) the number and percentage of children with
disabilities, by race, ethnicity, limited English pro-
ficiency status, gender, and disability category, who
are participating in regular education;
‘‘(D) the number and percentage of children with
disabilities, by race, ethnicity, limited English pro-
ficiency status, gender, and disability category, who
are in separate classes, separate schools or facilities,
or public or private residential facilities;
‘‘(E) the number and percentage of children with
disabilities, by race, ethnicity, limited English pro-
ficiency status, gender, and disability category, who,
for each year of age from age 14 through 21, stopped
receiving special education and related services be-
cause of program completion (including graduation
with a regular secondary school diploma), or other
reasons, and the reasons why those children stopped
receiving special education and related services;
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‘‘(F) the number and percentage of children with
disabilities, by race, gender, and ethnicity, who, from
birth through age 2, stopped receiving early interven-
tion services because of program completion or for
other reasons;
‘‘(G)(i) the number and percentage of children
with disabilities, by race, ethnicity, limited English
proficiency status, gender, and disability category,
who are removed to an interim alternative edu-
cational setting under section 615(k)(1);
‘‘(ii) the acts or items precipitating those remov-
als; and
‘‘(iii) the number of children with disabilities
who are subject to long-term suspensions or expul-
sions;
‘‘(H) the incidence and duration of disciplinary
actions by race, ethnicity, limited English proficiency
status, gender, and disability category, of children
with disabilities, including suspensions of 1 day or
more;
‘‘(I) the number and percentage of children with
disabilities who are removed to alternative edu-
cational settings or expelled as compared to children
without disabilities who are removed to alternative
educational settings or expelled;
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‘‘(J) the number of due process complaints filed
under section 615 and the number of hearings con-
ducted;
‘‘(K) the number of hearings requested under sec-
tion 615(k) and the number of changes in placements
ordered as a result of those hearings;
‘‘(L) the number of hearings requested under sec-
tion 615(k)(3)(B)(ii) and the number of changes in
placements ordered as a result of those hearings; and
‘‘(M) the number of mediations held and the
number of settlement agreements reached through such
mediations;
‘‘(2) the number and percentage of infants and
toddlers, by race, and ethnicity, who are at risk of
having substantial developmental delays (as defined
in section 632), and who are receiving early interven-
tion services under part C; and
‘‘(3) any other information that may be required
by the Secretary.
‘‘(b) DATA REPORTING.—The data described in sub-
section (a) shall be reported by each State at the school dis-
trict and State level in a manner that does not result in
the disclosure of data identifiable to individual children.
‘‘(c) TECHNICAL ASSISTANCE.—The Secretary may
provide technical assistance to States to ensure compliance
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with the data collection and reporting requirements under
this Act.
‘‘(d) DISPROPORTIONALITY.—
‘‘(1) IN GENERAL.—Each State that receives as-
sistance under this part, and the Secretary of the In-
terior, shall provide for the collection and examina-
tion 
of 
data 
to 
determine 
if 
significant
disproportionality based on race is occurring in the
State with respect to—
‘‘(A) the identification of children as chil-
dren with disabilities, including the identifica-
tion of children as children with disabilities in
accordance with a particular impairment de-
scribed in section 602(3);
‘‘(B) the placement in particular edu-
cational settings of such children; and
‘‘(C) the incidence, duration, and type of
disciplinary actions, including suspensions and
expulsions.
‘‘(2) REVIEW AND REVISION OF POLICIES, PRAC-
TICES, AND PROCEDURES.—In the case of a deter-
mination of significant disproportionality with re-
spect to the identification of children as children with
disabilities, or the placement in particular edu-
cational settings of such children, in accordance with
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paragraph (1), the State or the Secretary of the Inte-
rior, as the case may be, shall provide for the review
and, if appropriate, revision of the policies, proce-
dures, and practices used in such identification or
placement to ensure that such policies, procedures,
and practices comply with the requirements of this
Act.
‘‘SEC. 619. PRESCHOOL GRANTS.
‘‘(a) IN GENERAL.—The Secretary shall provide grants
under this section to assist States to provide special edu-
cation and related services, in accordance with this part—
‘‘(1) to children with disabilities aged 3 through
5, inclusive; and
‘‘(2) at the State’s discretion, to 2-year-old chil-
dren with disabilities who will turn 3 during the
school year.
‘‘(b) ELIGIBILITY.—A State shall be eligible for a grant
under this section if such State—
‘‘(1) is eligible under section 612 to receive a
grant under this part; and
‘‘(2) makes a free appropriate public education
available to all children with disabilities, aged 3
through 5, residing in the State.
‘‘(c) ALLOCATIONS TO STATES.—
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‘‘(1) IN GENERAL.—The Secretary shall allocate
the amount made available to carry out this section
for a fiscal year among the States in accordance with
paragraph (2) or (3), as the case may be.
‘‘(2) INCREASE IN FUNDS.—If the amount avail-
able for allocations to States under paragraph (1) is
equal to or greater than the amount allocated to the
States under this section for the preceding fiscal year,
those allocations shall be calculated as follows:
‘‘(A) ALLOCATION.—
‘‘(i) IN GENERAL.—Except as provided
in subparagraph (B), the Secretary shall—
‘‘(I) allocate to each State the
amount the State received under this
section for fiscal year 1997;
‘‘(II) allocate 85 percent of any
remaining funds to States on the basis
of the States’ relative populations of
children aged 3 through 5; and
‘‘(III) allocate 15 percent of those
remaining funds to States on the basis
of the States’ relative populations of all
children aged 3 through 5 who are liv-
ing in poverty.
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‘‘(ii) DATA.—For the purpose of mak-
ing grants under this paragraph, the Sec-
retary shall use the most recent population
data, including data on children living in
poverty, that are available and satisfactory
to the Secretary.
‘‘(B) LIMITATIONS.—Notwithstanding sub-
paragraph (A), allocations under this paragraph
shall be subject to the following:
‘‘(i) PRECEDING
YEARS.—No State’s
allocation shall be less than its allocation
under this section for the preceding fiscal
year.
‘‘(ii) MINIMUM.—No State’s allocation
shall be less than the greatest of—
‘‘(I) the sum of—
‘‘(aa) the amount the State
received under this section for fis-
cal year 1997; and
‘‘(bb) 1⁄3 of 1 percent of the
amount by which the amount ap-
propriated under subsection (j) for
the fiscal year exceeds the amount
appropriated for this section for
fiscal year 1997;
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‘‘(II) the sum of—
‘‘(aa) the amount the State
received under this section for the
preceding fiscal year; and
‘‘(bb) that amount multiplied
by the percentage by which the in-
crease in the funds appropriated
under this section from the pre-
ceding fiscal year exceeds 1.5 per-
cent; or
‘‘(III) the sum of—
‘‘(aa) the amount the State
received under this section for the
preceding fiscal year; and
‘‘(bb) that amount multiplied
by 90 percent of the percentage
increase in the amount appro-
priated under this section from
the preceding fiscal year.
‘‘(iii) 
MAXIMUM.—Notwithstanding
clause (ii), no State’s allocation under this
paragraph shall exceed the sum of—
‘‘(I) the amount the State received
under this section for the preceding fis-
cal year; and
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‘‘(II) that amount multiplied by
the sum of 1.5 percent and the percent-
age increase in the amount appro-
priated under this section from the
preceding fiscal year.
‘‘(C) 
RATABLE
REDUCTIONS.—If 
the
amount available for allocations under this
paragraph is insufficient to pay those allocations
in full, those allocations shall be ratably reduced,
subject to subparagraph (B)(i).
‘‘(3) DECREASE IN FUNDS.—If the amount avail-
able for allocations to States under paragraph (1) is
less than the amount allocated to the States under
this section for the preceding fiscal year, those alloca-
tions shall be calculated as follows:
‘‘(A) ALLOCATIONS.—If the amount avail-
able for allocations is greater than the amount
allocated to the States for fiscal year 1997, each
State shall be allocated the sum of—
‘‘(i) the amount the State received
under this section for fiscal year 1997; and
‘‘(ii) an amount that bears the same
relation to any remaining funds as the in-
crease the State received under this section
for the preceding fiscal year over fiscal year
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1997 bears to the total of all such increases
for all States.
‘‘(B) If the amount available for allocations
under this paragraph is equal to or less than the
amount allocated under this section to the States
for fiscal year 1997, each State shall be allocated
the amount the State received for that year, rat-
ably reduced, if necessary.
‘‘(d) RESERVATION FOR STATE ACTIVITIES.—
‘‘(1) IN GENERAL.—Each State may reserve not
more than the amount described in paragraph (2) for
administration and other State-level activities in ac-
cordance with subsections (e) and (f).
‘‘(2) AMOUNT DESCRIBED.—For each fiscal year,
the Secretary shall determine and report to the State
educational agency an amount that is 25 percent of
the amount the State received under this section for
fiscal year 1997, cumulatively adjusted by the Sec-
retary for each succeeding fiscal year by the lesser
of—
‘‘(A) the percentage increase, if any, from
the preceding fiscal year in the State’s allocation
under this section; or
‘‘(B) the percentage increase, if any, from
the preceding fiscal year in the Consumer Price
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Index For All Urban Consumers published by the
Bureau of Labor Statistics of the Department of
Labor.
‘‘(e) STATE ADMINISTRATION.—
‘‘(1) IN GENERAL.—For the purpose of admin-
istering this section (including the coordination of ac-
tivities under this part with, and providing technical
assistance to, other programs that provide services to
children with disabilities) a State may use not more
than 20 percent of the maximum amount the State
may reserve under subsection (d) for any fiscal year.
‘‘(2) ADMINISTRATION OF PART C.—Funds de-
scribed in paragraph (1) may also be used for the ad-
ministration of part C of this Act, if the State edu-
cational agency is the lead agency for the State under
that part.
‘‘(f) OTHER STATE-LEVEL ACTIVITIES.—Each State
shall use any funds the State reserves under subsection (d)
and does not use for administration under subsection (e)—
‘‘(1) for support services (including establishing
and implementing the mediation process required by
section 615(e)), which may benefit children with dis-
abilities younger than 3 or older than 5 as long as
those services also benefit children with disabilities
aged 3 through 5;
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‘‘(2) for direct services for children eligible for
services under this section;
‘‘(3) for activities at the State and local levels to
meet the performance goals established by the State
under section 612(a)(15);
‘‘(4) to supplement other funds used to develop
and implement a statewide coordinated services sys-
tem designed to improve results for children and fam-
ilies, including children with disabilities and their
families, but not more than 1 percent of the amount
received by the State under this section for a fiscal
year; or
‘‘(5) to provide early intervention services (which
shall include an educational component that promotes
school readiness and incorporates pre-literacy, lan-
guage, and numeracy skills) in accordance with part
C to children with disabilities who are eligible for
services under this section and who previously re-
ceived services under part C until such children enter,
or are eligible under State law to enter, kindergarten.
‘‘(g) SUBGRANTS
TO LOCAL EDUCATIONAL AGEN-
CIES.—
‘‘(1) SUBGRANTS REQUIRED.—Each State that
receives a grant under this section for any fiscal year
shall distribute all of the grant funds that the State
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does not reserve under subsection (d) to local edu-
cational agencies in the State that have established
their eligibility under section 613, as follows:
‘‘(A) BASE
PAYMENTS.—The State shall
first award each local educational agency de-
scribed in paragraph (1) the amount that agency
would have received under this section for fiscal
year 1997 if the State had distributed 75 percent
of its grant for that year under section 619(c)(3),
as such section was then in effect.
‘‘(B) ALLOCATION OF REMAINING FUNDS.—
After making allocations under subparagraph
(A), the State shall—
‘‘(i) allocate 85 percent of any remain-
ing funds to those local educational agencies
on the basis of the relative numbers of chil-
dren enrolled in public and private elemen-
tary schools and secondary schools within
the local educational agency’s jurisdiction;
and
‘‘(ii) allocate 15 percent of those re-
maining funds to those local educational
agencies in accordance with their relative
numbers of children living in poverty, as
determined by the State educational agency.
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‘‘(2) REALLOCATION OF FUNDS.—If a State edu-
cational agency determines that a local educational
agency is adequately providing a free appropriate
public education to all children with disabilities aged
3 through 5 residing in the area served by that agen-
cy with State and local funds, the State educational
agency may reallocate any portion of the funds under
this section that are not needed by that local edu-
cational agency to provide a free appropriate public
education to other local educational agencies in the
State that are not adequately providing special edu-
cation and related services to all children with dis-
abilities aged 3 through 5 residing in the areas the
other local educational agencies serve.
‘‘(h) PART C INAPPLICABLE.—Part C of this Act does
not apply to any child with a disability receiving a free
appropriate public education, in accordance with this part,
with funds received under this section.
‘‘(i) DEFINITION.—For the purpose of this section, the
term ‘State’ means each of the 50 States, the District of
Columbia, and the Commonwealth of Puerto Rico.
‘‘(j) AUTHORIZATION OF APPROPRIATIONS.—For the
purpose of carrying out this section, there are authorized
to be appropriated such sums as may be necessary.
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‘‘PART C—INFANTS AND TODDLERS WITH
DISABILITIES
‘‘SEC. 631. FINDINGS AND POLICY.
‘‘(a) FINDINGS.—Congress finds that there is an ur-
gent and substantial need—
‘‘(1) to enhance the development of infants and
toddlers with disabilities, to minimize their potential
for developmental delay, and to recognize the signifi-
cant brain development which occurs during a child’s
first 3 years of life;
‘‘(2) to reduce the educational costs to our soci-
ety, including our Nation’s schools, by minimizing
the need for special education and related services
after infants and toddlers with disabilities reach
school age;
‘‘(3) to maximize the potential for individuals
with disabilities to live independently 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 all children, particularly mi-
nority, low-income, inner city, and rural children,
and infants and toddlers in foster care.
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‘‘(b) POLICY.—It is the policy of the United States to
provide financial assistance to States—
‘‘(1) to develop and implement a statewide, com-
prehensive, coordinated, multidisciplinary, inter-
agency system that provides early intervention serv-
ices for infants and toddlers with disabilities and
their families;
‘‘(2) to facilitate the coordination of payment for
early intervention services from Federal, State, local,
and private sources (including public and private in-
surance coverage);
‘‘(3) to enhance State capacity to provide high
quality early intervention services and expand and
improve existing early intervention services being
provided to infants and toddlers with disabilities and
their families; and
‘‘(4) to encourage States to expand opportunities
for children under 3 years of age who would be at risk
of having substantial developmental delay if they did
not receive early intervention services.
‘‘SEC. 632. DEFINITIONS.
‘‘As used in this part:
‘‘(1) AT-RISK INFANT OR TODDLER.—The term
‘at-risk infant or toddler’ means an individual under
3 years of age who would be at risk of experiencing
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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 ‘devel-
opmental delay’, when used with respect to an indi-
vidual residing in a State, has the meaning given
such term by the State under section 635(a)(1).
‘‘(4) EARLY INTERVENTION SERVICES.—The term
‘early intervention services’ means developmental
services that—
‘‘(A) are provided under public supervision;
‘‘(B) are provided at no cost except where
Federal or State law provides for a system of
payments by families, including a schedule of
sliding fees;
‘‘(C) are designed to meet the developmental
needs of an infant or toddler with a disability
in any 1 or more of the following areas:
‘‘(i) physical development;
‘‘(ii) cognitive development;
‘‘(iii) communication development;
‘‘(iv) social or emotional development;
or
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‘‘(v) adaptive development;
‘‘(D) meet the standards of the State in
which the services are provided, including the re-
quirements of this part;
‘‘(E) include—
‘‘(i) family training, counseling, and
home visits;
‘‘(ii) special instruction;
‘‘(iii) speech-language pathology and
audiology services, and sign language and
cued language services;
‘‘(iv) occupational therapy;
‘‘(v) physical therapy;
‘‘(vi) psychological services;
‘‘(vii) service coordination services;
‘‘(viii) medical services only for diag-
nostic or evaluation purposes;
‘‘(ix) early identification, screening,
and assessment services;
‘‘(x) health services necessary to enable
the infant or toddler to benefit from the
other early intervention services;
‘‘(xi) social work services;
‘‘(xii) vision services;
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‘‘(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) teachers of the deaf;
‘‘(iv) occupational therapists;
‘‘(v) physical therapists;
‘‘(vi) psychologists;
‘‘(vii) social workers;
‘‘(viii) nurses;
‘‘(ix) nutritionists;
‘‘(x) family therapists;
‘‘(xi) orientation and mobility special-
ists;
‘‘(xii) 
vision 
specialists, 
including
opthamologists and optometrists; and
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‘‘(xiii) pediatricians and other physi-
cians;
‘‘(G) to the maximum extent appropriate,
are provided in natural environments, including
the home, and community settings in which chil-
dren without disabilities participate; and
‘‘(H) are provided in conformity with an
individualized family service plan adopted in
accordance with section 636.
‘‘(5) INFANT OR TODDLER WITH A DISABILITY.—
The term ‘infant or toddler with a disability’—
‘‘(A) means an individual under 3 years of
age who needs early intervention services because
the individual—
‘‘(i) 
is 
experiencing 
developmental
delays, as measured by appropriate diag-
nostic instruments and procedures in 1 or
more of the areas of cognitive development,
physical development, communication devel-
opment, social or emotional development,
and adaptive development; or
‘‘(ii) has a diagnosed physical or men-
tal condition which has a high probability
of resulting in developmental delay; and
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‘‘(B) may also include, at a State’s
discretion—
‘‘(i) at-risk infants and toddlers; and
‘‘(ii) children with disabilities who are
eligible for services under section 619 and
who previously received services under this
part until such children enter, or are eligi-
ble under State law to enter, kindergarten.
‘‘SEC. 633. GENERAL AUTHORITY.
‘‘The Secretary shall, in accordance with this part,
make grants to States (from their allotments under section
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, infants or tod-
dlers with disabilities who are homeless children, in-
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fants or toddlers with disabilities who are wards of
the State, and infants or toddlers with disabilities
who have a parent who is a member of the Armed
Forces, including a member of the National Guard or
Reserves; and
‘‘(2) has in effect a statewide system that meets
the requirements of section 635.
‘‘SEC. 635. REQUIREMENTS FOR STATEWIDE SYSTEM.
‘‘(a) IN GENERAL.—A statewide system described in
section 633 shall include, at a minimum, the following com-
ponents:
‘‘(1) A definition of the term ‘developmental
delay’ that—
‘‘(A) will be used by the State in carrying
out programs under this part; and
‘‘(B) covers, at a minimum, all infants and
toddlers with—
‘‘(i) a developmental delay of 35 per-
cent or more in 1 of the developmental areas
described in section 632(5)(A)(i); or
‘‘(ii) a developmental delay of 25 per-
cent or more in 2 or more of the develop-
mental 
areas 
described 
in 
section
632(5)(A)(i).
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‘‘(2) A State policy that is in effect and that en-
sures that appropriate early intervention services are
available to all infants and toddlers with disabilities
and their families, including Indian infants and tod-
dlers and their families residing on a reservation geo-
graphically located in the State.
‘‘(3) A timely, comprehensive, multidisciplinary
evaluation of the functioning of each infant or toddler
with a disability in the State, and a family-directed
identification of the needs of each family of such an
infant or toddler, to appropriately assist in the devel-
opment of the infant or toddler.
‘‘(4) For each infant or toddler with a disability
in the State, an individualized family service plan in
accordance with section 636, including service coordi-
nation services in accordance with such service plan.
‘‘(5) A comprehensive child find system, 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.
‘‘(6) A public awareness program focusing on
early identification of infants and toddlers with dis-
abilities, including the preparation and dissemina-
tion by the lead agency designated or established
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under paragraph (10) to all primary referral sources,
especially hospitals, physicians, homeless family shel-
ters, medicaid and State child health insurance pro-
gram enrollment offices, health and mental health
clinics, public schools in low-income areas serving
low-income children, staff in State and local child
welfare agencies, judges, and base commanders or
their designees, of information for parents on the
availability of early intervention services, and proce-
dures for determining the extent to which such sources
disseminate such information to parents of infants
and toddlers.
‘‘(7) A central directory that includes informa-
tion on early intervention services, resources, and ex-
perts available in the State and research and dem-
onstration projects being conducted in the State.
‘‘(8) A comprehensive system of personnel devel-
opment, including the training of paraprofessionals
and the training of primary referral sources with re-
spect to the basic components of early intervention
services available in the State, which comprehensive
system may include—
‘‘(A) implementing innovative strategies
and activities for the recruitment and retention
of early education service providers;
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‘‘(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.
‘‘(9) 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 the establishment and maintenance of
standards which are consistent with any State-ap-
proved or recognized certification, licensing, registra-
tion, or other comparable requirements which apply
to the area in which such personnel are providing
early intervention services, except that nothing in this
part (including this paragraph) shall be construed to
prohibit the use of paraprofessionals and assistants
who are appropriately trained and supervised in ac-
cordance with State law, regulation, or written pol-
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icy, to assist in the provision of early intervention
services under this part to infants and toddlers with
disabilities.
‘‘(10) A single line of responsibility in a lead
agency designated or established by the Governor for
carrying out—
‘‘(A) the general administration and super-
vision of programs and activities receiving as-
sistance under section 633, and the monitoring
of programs and activities used by the State to
carry out this part, whether or not such pro-
grams or activities are receiving assistance made
available under section 633, to ensure that the
State complies with this part;
‘‘(B) the identification and coordination of
all available resources within the State from
Federal, State, local, and private sources;
‘‘(C) the assignment of financial responsi-
bility in accordance with section 637(a)(2) to the
appropriate agencies;
‘‘(D) the development of procedures to en-
sure that services are provided to infants and
toddlers with disabilities and their families
under this part in a timely manner pending the
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resolution of any disputes among public agencies
or service providers;
‘‘(E) the resolution of intra- and inter-
agency disputes; and
‘‘(F) the entry into formal interagency
agreements that define the financial responsi-
bility of each agency for paying for early inter-
vention 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.
‘‘(11) A policy pertaining to the contracting or
making of other arrangements with service providers
to provide early intervention services in the State,
consistent with the provisions of this part, including
the contents of the application used and the condi-
tions of the contract or other arrangements.
‘‘(12) A procedure for securing timely reimburse-
ments of funds used under this part in accordance
with section 640(a).
‘‘(13) Procedural safeguards with respect to pro-
grams under this part, as required by section 639.
‘‘(14) A system for compiling data requested by
the Secretary under section 618 that relates to this
part.
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‘‘(15) A State interagency coordinating council
that meets the requirements of section 641.
‘‘(16) Policies and procedures to ensure that,
consistent with section 636(d)(5) to the maximum ex-
tent appropriate, early intervention services are pro-
vided in natural environments unless a specific out-
come cannot be met satisfactorily for the infant or
toddler in a natural environment.
‘‘(17) A procedure to ensure that early interven-
tion services and evaluations are available to infants
or toddlers with disabilities who are—
‘‘(A) homeless children; and
‘‘(B) wards of the State or in foster care, or
both.
‘‘(b) FLEXIBILITY TO SERVE CHILDREN 3 YEARS OF
AGE TO UNDER 6 YEARS OF AGE.—
‘‘(1) IN GENERAL.—A statewide system described
in section 633 may include a State policy, developed
and implemented jointly by the lead agency and the
State educational agency, under which parents of
children with disabilities who are eligible for services
under section 619 and previously received services
under this part, may choose the continuation of early
intervention services (which shall include an edu-
cational component that promotes school readiness
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and 
incorporates 
preliteracy, 
language, 
and
numeracy skills) for such children under this part
until such children enter, or are eligible under State
law to enter, kindergarten.
‘‘(2) REQUIREMENTS.—If a statewide system in-
cludes a State policy described in paragraph (1), the
statewide system shall ensure—
‘‘(A) that parents of infants or toddlers with
disabilities (as defined in section 632(5)(A)) pro-
vide informed written consent to the State, before
such infants and toddlers reach 3 years of age,
as to whether such parents intend to choose the
continuation of early intervention services pur-
suant to this subsection for such infants or tod-
dlers;
‘‘(B) that the State policy will not affect the
right of any child served pursuant to this sub-
section to instead receive a free appropriate pub-
lic education under part B;
‘‘(C) that parents of children served pursu-
ant to this subsection are provided with annual
notice—
‘‘(i) of such parents’ right to elect serv-
ices pursuant to this subsection or under
part B; and
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‘‘(ii) fully explaining the differences
between receiving services pursuant to this
subsection and receiving services under part
B, including—
‘‘(I) the types of services available
under both provisions;
‘‘(II) applicable procedural safe-
guards under both provisions, includ-
ing due-process protections and medi-
ation or other dispute resolution op-
tions; and
‘‘(III) the possible costs, if any
(including any fees to be charged to
families 
as 
described 
in 
section
632(4)(B)) to parents under both pro-
visions;
‘‘(D) that the conference under section
637(a)(9)(A)(ii)(II), the review under section
637(a)(9)(B), and the establishment of a transi-
tion plan under section 637(a)(9)(C) occur not
less than 90 days (and at the discretion of the
parties to the conference, not more than 9
months) before each of the following:
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‘‘(i) the time the child will first be eli-
gible for services under part B, including
under section 619; and
‘‘(ii) if the child is receiving services in
accordance with this subsection, the time the
child will no longer receive those services;
‘‘(E) the continuance of all early interven-
tion services outlined in the child’s individual-
ized family service plan under section 636 while
any eligibility determination is being made for
services under this subsection;
‘‘(F) that services provided pursuant to this
subsection include an educational component
that promotes school readiness and incorporates
preliteracy, language, and numeracy skills and
are provided in accordance with an individual-
ized family service plan under section 636; and
‘‘(G) the referral for evaluation for early
intervention services of a child below the age of
3 who experiences a substantiated case of expo-
sure to violence or trauma.
‘‘(3) REPORTING REQUIREMENT.—If a statewide
system includes a State policy described in paragraph
(1), the State shall submit to the Secretary, in the
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State’s report under section 637(b)(4)(A), a report
on—
‘‘(A) the percentage of children with disabil-
ities who are eligible for services under section
619 but whose parents choose for such children to
continue to receive early intervention services
under this part; and
‘‘(B) the number of children who are eligible
for services under section 619 who instead con-
tinue to receive early intervention services under
this part.
‘‘(4) RULE OF CONSTRUCTION.—Nothing in this
subsection shall be construed to require a provider of
services under this part to provide a child served
under this part with a free appropriate public edu-
cation.
‘‘(5) AVAILABLE FUNDS.—If a statewide system
includes a State policy described in paragraph (1),
the policy shall describe the funds (including an iden-
tification as Federal, State, or local funds) that will
be used to ensure that the option described in para-
graph (1) is available to eligible children and families
who provide the consent described in paragraph
(2)(A), including fees to be charged to families as de-
scribed in section 632(4)(B).
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‘‘(c) CONSTRUCTION.—Nothing in subsection (a)(5)
shall be construed to alter the responsibility of a State
under title XIX of the Social Security Act with respect to
early and periodic screening, diagnostic, and treatment
services (as defined in section 1905(r) of such Act).
‘‘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 necessary
to enhance the family’s capacity to meet the develop-
mental 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), including a de-
scription of the appropriate transition services for the
child.
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‘‘(b) PERIODIC REVIEW.—The individualized family
service plan shall be evaluated once a year and the family
shall be provided a review of the plan at 6-month intervals
(or more often where appropriate based on infant or toddler
and family needs).
‘‘(c) PROMPTNESS AFTER ASSESSMENT.—The individ-
ualized family service plan shall be developed within a rea-
sonable time after the assessment required by subsection
(a)(1) is completed. With the parents’ consent, early inter-
vention services may commence prior to the completion of
the assessment.
‘‘(d) CONTENT OF PLAN.—The individualized family
service plan shall be in writing and contain—
‘‘(1) a statement of the infant’s or toddler’s
present levels of physical development, cognitive devel-
opment, communication development, social or emo-
tional development, and adaptive development, based
on objective criteria;
‘‘(2) a statement of the family’s resources, prior-
ities, and concerns relating to enhancing the develop-
ment of the family’s infant or toddler with a dis-
ability;
‘‘(3) a statement of the measurable outcomes ex-
pected to be achieved for the infant or toddler and the
family, including, as appropriate, preliteracy and
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language skills, 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 out-
comes or services are necessary;
‘‘(4) a statement of specific early intervention
services necessary to meet the unique needs of the in-
fant or toddler and the family, including the fre-
quency, intensity, and method of delivering services;
‘‘(5) a statement of the natural environments in
which early intervention services will appropriately
be provided, including a justification of the extent, if
any, to which the services will not be provided in a
natural environment;
‘‘(6) the projected dates for initiation of services
and the anticipated length, duration, and frequency
of the services;
‘‘(7) the identification of the service coordinator
from the profession most immediately relevant to the
infant’s or toddler’s or family’s needs (or who is oth-
erwise qualified to carry out all applicable respon-
sibilities under this part) who will be responsible for
the implementation of the plan and coordination with
other agencies and persons, including transition serv-
ices; and
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‘‘(8) the steps to be taken to support the transi-
tion of the toddler with a disability to preschool or
other appropriate services.
‘‘(e) PARENTAL CONSENT.—The contents of the indi-
vidualized family service plan shall be fully explained to
the parents and informed written consent from the parents
shall be obtained prior to the provision of early intervention
services described in such plan. If the parents do not pro-
vide consent with respect to a particular early intervention
service, then only the early intervention services to which
consent is obtained shall be provided.
‘‘SEC. 637. STATE APPLICATION AND ASSURANCES.
‘‘(a) APPLICATION.—A State desiring to receive a
grant under section 633 shall submit an application to the
Secretary at such time and in such manner as the Secretary
may reasonably require. The application shall contain—
‘‘(1) a designation of the lead agency in the
State that will be responsible for the administration
of funds provided under section 633;
‘‘(2) a certification to the Secretary that the ar-
rangements to establish financial responsibility for
services provided under this part pursuant to section
640(b) are current as of the date of submission of the
certification;
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‘‘(3) information demonstrating eligibility of the
State under section 634, including—
‘‘(A) information demonstrating to the Sec-
retary’s satisfaction that the State has in effect
the statewide system required by section 633;
and
‘‘(B) a description of services to be provided
to infants and toddlers with disabilities and
their families through the system;
‘‘(4) if the State provides services to at-risk in-
fants and toddlers through the system, a description
of such services;
‘‘(5) a description of the uses for which funds
will be expended in accordance with this part;
‘‘(6) a description of the State policies and pro-
cedures that require the referral for evaluation for
early intervention services of a child under the age of
3 who—
‘‘(A) is involved in a substantiated case of
child abuse or neglect; or
‘‘(B) is identified as affected by illegal sub-
stance abuse, or withdrawal symptoms resulting
from prenatal drug exposure;
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‘‘(7) a description of the procedure used to en-
sure that resources are made available under this part
for all geographic areas within the State;
‘‘(8) a description of State policies and proce-
dures that ensure that, prior to the adoption by the
State of any other policy or procedure necessary to
meet the requirements of this part, there are public
hearings, adequate notice of the hearings, and an op-
portunity for comment available to the general public,
including individuals with disabilities and parents of
infants and toddlers with disabilities;
‘‘(9) a description of the policies and procedures
to be used—
‘‘(A) to ensure a smooth transition for tod-
dlers receiving early intervention services under
this part (and children receiving those services
under section 635(b)) to preschool, other appro-
priate services, or exiting the program, including
a description of how—
‘‘(i) the families of such toddlers and
children will be included in the transition
plans required by subparagraph (C); and
‘‘(ii) the lead agency designated or es-
tablished under section 635(a)(10) will—
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‘‘(I) notify the local educational
agency for the area in which such a
child resides that the child will shortly
reach the age of eligibility for preschool
services under part B, as determined
in accordance with State law;
‘‘(II) in the case of a child who
may be eligible for such preschool serv-
ices, with the approval of the family of
the child, convene a conference among
the lead agency, the family, and the
local educational agency at least 90
days (and at the discretion of all such
parties, not more than 9 months) be-
fore the child is eligible for the pre-
school services, to discuss any such
services that the child may receive; and
‘‘(III) in the case of a child who
may not be eligible for such preschool
services, with the approval of the fam-
ily, make reasonable efforts to convene
a conference among the lead agency,
the family, and providers of other ap-
propriate services for children who are
not eligible for preschool services under
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part B, to discuss the appropriate serv-
ices that the child may receive;
‘‘(B) to review the child’s program options
for the period from the child’s third birthday
through the remainder of the school year; and
‘‘(C) to establish a transition plan, includ-
ing, as appropriate, steps to exit from the pro-
gram; and
‘‘(10) such other information and assurances as
the Secretary may reasonably require.
‘‘(11) a description of policies and procedures to
ensure that infants or toddlers with disabilities who
are homeless children and their families and infants
or toddlers with disabilities who are wards of the
State have access to multidisciplinary evaluations
and early intervention services.
‘‘(b) ASSURANCES.—The application described in sub-
section (a)—
‘‘(1) shall provide satisfactory assurance that
Federal funds made available under section 643 to the
State will be expended in accordance with this part;
‘‘(2) shall contain an assurance that the State
will comply with the requirements of section 640;
‘‘(3) shall provide satisfactory assurance that the
control of funds provided under section 643, and title
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to property derived from those funds, will be in a
public agency for the uses and purposes provided in
this part and that a public agency will administer
such funds and property;
‘‘(4) shall provide for—
‘‘(A) making such reports in such form and
containing such information as the Secretary
may require to carry out the Secretary’s func-
tions under this part; and
‘‘(B) keeping such reports and affording
such access to the reports as the Secretary may
find necessary to ensure the correctness and
verification of the reports and proper disburse-
ment of Federal funds under this part;
‘‘(5) provide satisfactory assurance that Federal
funds made available under section 643 to the
State—
‘‘(A) will not be commingled with State
funds; and
‘‘(B) will be used so as to supplement the
level of State and local funds expended for in-
fants and toddlers with disabilities and their
families and in no case to supplant those State
and local funds;
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‘‘(6) shall provide satisfactory assurance that
such fiscal control and fund accounting procedures
will be adopted as may be necessary to ensure proper
disbursement of, and accounting for, Federal funds
paid under section 643 to the State;
‘‘(7) shall provide satisfactory assurance that
policies and procedures have been adopted to ensure
meaningful involvement of underserved groups, in-
cluding minority, low-income, homeless, and rural
families and children with disabilities who are wards
of the State, in the planning and implementation of
all the requirements of this part; and
‘‘(8) shall contain such other information and
assurances as the Secretary may reasonably require
by regulation.
‘‘(c) STANDARD FOR DISAPPROVAL OF APPLICATION.—
The Secretary may not disapprove such an application un-
less the Secretary determines, after notice and opportunity
for a hearing, that the application fails to comply with the
requirements of this section.
‘‘(d) SUBSEQUENT STATE APPLICATION.—If a State
has on file with the Secretary a policy, procedure, or assur-
ance that demonstrates that the State meets a requirement
of this section, including any policy or procedure filed
under part C, as in effect before the date of enactment of
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the Individuals with Disabilities Education Improvement
Act of 2004, the Secretary shall consider the State to have
met the requirement for purposes of receiving a grant under
this part.
‘‘(e) MODIFICATION OF APPLICATION.—An application
submitted by a State in accordance with this section shall
remain in effect until the State submits to the Secretary
such modifications as the State determines necessary. This
section shall apply to a modification of an application to
the same extent and in the same manner as this section
applies to the original application.
‘‘(f) 
MODIFICATIONS
REQUIRED
BY
THE
SEC-
RETARY.—The Secretary may require a State to modify its
application under this section, but only to the extent nec-
essary to ensure the State’s compliance with this part, if—
‘‘(1) an amendment is made to this Act, or a
Federal regulation issued under this Act;
‘‘(2) a new interpretation of this Act is made by
a Federal court or the State’s highest court; or
‘‘(3) an official finding of noncompliance with
Federal law or regulations is made with respect to the
State.
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‘‘SEC. 638. USES OF FUNDS.
‘‘In addition to using funds provided under section
633 to maintain and implement the statewide system re-
quired by such section, a State may use such funds—
‘‘(1) for direct early intervention services for in-
fants and toddlers with disabilities, and their fami-
lies, under this part that are not otherwise funded
through other public or private sources;
‘‘(2) to expand and improve on services for in-
fants and toddlers and their families under this part
that are otherwise available;
‘‘(3) to provide a free appropriate public edu-
cation, in accordance with part B, to children with
disabilities from their third birthday to the beginning
of the following school year;
‘‘(4) with the written consent of the parents, to
continue to provide early intervention services under
this part to children with disabilities from their 3rd
birthday to the beginning of the following school year,
in lieu of a free appropriate public education pro-
vided in accordance with part B; and
‘‘(5) in any State that does not provide services
for at-risk infants and toddlers under section
637(a)(4), to strengthen the statewide system by initi-
ating, expanding, or improving collaborative efforts
related to at-risk infants and toddlers, including es-
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tablishing linkages with appropriate public or private
community-based organizations, services, and per-
sonnel for the purposes of—
‘‘(A) identifying and evaluating at-risk in-
fants and toddlers;
‘‘(B) making referrals of the infants and
toddlers identified and evaluated under subpara-
graph (A); and
‘‘(C) conducting periodic follow-up on each
such referral to determine if the status of the in-
fant or toddler involved has changed with respect
to the eligibility of the infant or toddler for serv-
ices under this part.
‘‘SEC. 639. PROCEDURAL SAFEGUARDS.
‘‘(a) MINIMUM PROCEDURES.—The procedural safe-
guards required to be included in a statewide system under
section 635(a)(13) shall provide, at a minimum, the fol-
lowing:
‘‘(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-
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troversy. In any action brought under this paragraph,
the court shall receive the records of the administra-
tive proceedings, shall hear additional evidence at the
request of a party, and, basing its decision on the
preponderance of the evidence, shall grant such relief
as the court determines is appropriate.
‘‘(2) The right to confidentiality of personally
identifiable information, including the right of par-
ents to written notice of and written consent to the
exchange of such information among agencies con-
sistent with Federal and State law.
‘‘(3) The right of the parents to determine wheth-
er they, their infant or toddler, or other family mem-
bers will accept or decline any early intervention
service under this part in accordance with State law
without jeopardizing other early intervention services
under this part.
‘‘(4) The opportunity for parents to examine
records relating to assessment, screening, eligibility
determinations, and the development and implemen-
tation of the individualized family service plan.
‘‘(5) Procedures to protect the rights of the infant
or toddler whenever the parents of the infant or tod-
dler are not known or cannot be found or the infant
or toddler is a ward of the State, including the as-
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signment of an individual (who shall not be an em-
ployee of the State lead agency, or other State agency,
and who shall not be any person, or any employee of
a person, providing early intervention services to the
infant or toddler or any family member of the infant
or toddler) to act as a surrogate for the parents.
‘‘(6) Written prior notice to the parents of the
infant or toddler with a disability whenever the State
agency or service provider proposes to initiate or
change, or refuses to initiate or change, the identifica-
tion, evaluation, or placement of the infant or toddler
with a disability, or the provision of appropriate
early intervention services to the infant or toddler.
‘‘(7) Procedures designed to ensure that the no-
tice required by paragraph (6) fully informs the par-
ents, in the parents’ native language, unless it clearly
is not feasible to do so, of all procedures available
pursuant to this section.
‘‘(8) The right of parents to use mediation in ac-
cordance with section 615, except that—
‘‘(A) any reference in the section to a State
educational agency shall be considered to be a
reference to a State’s lead agency established or
designated under section 635(a)(10);
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‘‘(B) any reference in the section to a local
educational agency shall be considered to be a
reference to a local service provider or the State’s
lead agency under this part, as the case may be;
and
‘‘(C) any reference in the section to the pro-
vision of free appropriate public education to
children with disabilities shall be considered to
be a reference to the provision of appropriate
early intervention services to infants and tod-
dlers with disabilities.
‘‘(b) 
SERVICES
DURING
PENDENCY
OF
PRO-
CEEDINGS.—During the pendency of any proceeding or ac-
tion involving a complaint by the parents of an infant or
toddler with a disability, unless the State agency and the
parents otherwise agree, the infant or toddler shall continue
to 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 sec-
tion 643 may not be used to satisfy a financial commitment
for services that would have been paid for from another pub-
lic or private source, including any medical program ad-
ministered by the Secretary of Defense, but for the enact-
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ment of this part, except that whenever considered necessary
to prevent a delay in the receipt of appropriate early inter-
vention services by an infant, toddler, or family in a timely
fashion, funds provided under section 643 may be used to
pay the provider of services pending reimbursement from
the agency that has ultimate responsibility for the payment.
‘‘(b) OBLIGATIONS RELATED TO AND METHODS OF
ENSURING SERVICES.—
‘‘(1) ESTABLISHING FINANCIAL RESPONSIBILITY
FOR SERVICES.—
‘‘(A) IN GENERAL.—The Chief Executive Of-
ficer of a State or designee of the officer shall en-
sure that an interagency agreement or other
mechanism for interagency coordination is in ef-
fect between each public agency and the State
educational agency, in order to ensure—
‘‘(i) the provision of, and financial re-
sponsibility for, services provided under this
part; and
‘‘(ii) such services are consistent with
the requirements of section 635 and the
State’s application pursuant to section 637,
including the provision of such services dur-
ing the pendency of any dispute.
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‘‘(B) CONSISTENCY BETWEEN AGREEMENTS
OR MECHANISMS UNDER PARTS B AND D.—The
Chief Executive Officer of a State or designee of
the officer shall ensure that the terms and condi-
tions of such agreement or mechanism are con-
sistent with the terms and conditions of the
State’s agreement or mechanism under section
612(a)(12).
‘‘(2) REIMBURSEMENT FOR SERVICES BY PUBLIC
AGENCY.—
‘‘(A) IN
GENERAL.—If a public agency
other than an educational agency fails to provide
or pay for the services pursuant to an agreement
required under paragraph (1) the local edu-
cational agency or State agency (as determined
by the Chief Executive Officer or designee) shall
provide or pay for the provision of such services
to the child.
‘‘(B) REIMBURSEMENT.—Such local edu-
cational agency or State agency is authorized to
claim reimbursement for the services from the
public agency that failed to provide or pay for
such services and such public agency shall reim-
burse the local educational agency or State agen-
cy pursuant to the terms of the interagency
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agreement or other mechanism required under
paragraph (1).
‘‘(3) SPECIAL RULE.—The requirements of para-
graph (1) may be met through—
‘‘(A) State statute or regulation;
‘‘(B) signed agreements between respective
agency officials that clearly identify the respon-
sibilities of each agency relating to the provision
of services; or
‘‘(C) other appropriate written methods as
determined by the Chief Executive Officer of the
State or designee of the officer and approved by
the Secretary through the review and approval of
the State’s application pursuant to section 637.
‘‘(c) REDUCTION OF OTHER BENEFITS.—Nothing in
this part shall be construed to permit the State to reduce
medical or other assistance available or to alter eligibility
under title V of the Social Security Act (relating to mater-
nal and child health) or title XIX of the Social Security
Act (relating to Medicaid for infants or toddlers with dis-
abilities) within the State.
‘‘SEC. 641. STATE INTERAGENCY COORDINATING COUNCIL.
‘‘(a) ESTABLISHMENT.—
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‘‘(1) IN GENERAL.—A State that desires to re-
ceive financial assistance under this part shall estab-
lish a State interagency coordinating council.
‘‘(2) APPOINTMENT.—The council shall be ap-
pointed by the Governor. In making appointments to
the council, the Governor shall ensure that the mem-
bership of the council reasonably represents the popu-
lation of the State.
‘‘(3) CHAIRPERSON.—The Governor shall des-
ignate a member of the council to serve as the chair-
person of the council, or shall require the council to
so designate such a member. Any member of the coun-
cil who is a representative of the lead agency des-
ignated under section 635(a)(10) may not serve as the
chairperson of the council.
‘‘(b) COMPOSITION.—
‘‘(1) IN GENERAL.—The council shall be com-
posed as follows:
‘‘(A) PARENTS.—At least 20 percent of the
members shall be parents of infants or toddlers
with disabilities or children with disabilities
aged 12 or younger, with knowledge of, or experi-
ence with, programs for infants and toddlers
with disabilities. At least 1 such member shall be
a parent of an infant or toddler with a dis-
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ability or a child with a disability aged 6 or
younger, not less than one other member shall be
a foster parent of a child with a disability, not
less than one other member shall be a grand-
parent or other relative acting in the place of a
natural or adoptive parent of a child with a dis-
ability, and not less than 1 other member shall
be a representative of children with disabilities
in military families.
‘‘(B) SERVICE
PROVIDERS.—At least 20
percent of the members shall be public or private
providers of early intervention services.
‘‘(C) STATE
LEGISLATURE.—At least 1
member shall be from the State legislature.
‘‘(D) PERSONNEL PREPARATION.—At least
1 member shall be involved in personnel prepa-
ration.
‘‘(E) AGENCY
FOR
EARLY
INTERVENTION
SERVICES.—At least 1 member shall be from each
of the State agencies involved in the provision of,
or payment for, early intervention services to in-
fants and toddlers with disabilities and their
families and shall have sufficient authority to
engage in policy planning and implementation
on behalf of such agencies.
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‘‘(F) AGENCY FOR PRESCHOOL SERVICES.—
At least 1 member shall be from the State edu-
cational agency responsible for preschool services
to children with disabilities and shall have suffi-
cient authority to engage in policy planning and
implementation on behalf of such agency.
‘‘(G) STATE MEDICAID AGENCY.—At least 1
member shall be from the agency responsible for
the State medicaid program.
‘‘(H) HEAD
START
AGENCY.—At least 1
representative from a Head Start agency or pro-
gram in the State.
‘‘(I) CHILD CARE AGENCY.—At least 1 rep-
resentative from a State agency responsible for
child care.
‘‘(J) AGENCY FOR HEALTH INSURANCE.—At
least 1 member shall be from the agency respon-
sible for the State regulation of health insurance.
‘‘(K) OFFICE
OF
THE
COORDINATOR
OF
EDUCATION
OF
HOMELESS
CHILDREN
AND
YOUTH.—Not less than 1 representative des-
ignated by the Office of Coordinator for Edu-
cation of Homeless Children and Youths.
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‘‘(L) STATE CHILD WELFARE AGENCY.—Not
less than 1 representative from the State child
welfare agency responsible for foster care.
‘‘(M) REPRESENTATIVE OF FOSTER CHIL-
DREN.—Not less than 1 individual who rep-
resents the interests of children in foster care and
understands such children’s education needs,
such as an attorney for children in foster care,
a guardian ad litem, a court appointed special
advocate, a judge, or an education surrogate for
children in foster care.
‘‘(2) OTHER MEMBERS.—The council may in-
clude other members selected by the Governor, includ-
ing a representative from the Bureau of Indian Af-
fairs, or where there is no BIA-operated or BIA-fund-
ed school, from the Indian Health Service or the tribe
or tribal council.
‘‘(c) MEETINGS.—The council shall meet at least quar-
terly and in such places as the council determines necessary.
The meetings shall be publicly announced, and, to the extent
appropriate, open and accessible to the general public.
‘‘(d) MANAGEMENT AUTHORITY.—Subject to the ap-
proval of the Governor, the council may prepare and ap-
prove a budget using funds under this part to conduct hear-
ings and forums, to reimburse members of the council for
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reasonable and necessary expenses for attending council
meetings and performing council duties (including child
care for parent representatives), to pay compensation to a
member of the council if the member is not employed or
must forfeit wages from other employment when performing
official council business, to hire staff, and to obtain the serv-
ices of such professional, technical, and clerical personnel
as may be necessary to carry out its functions under this
part.
‘‘(e) FUNCTIONS OF COUNCIL.—
‘‘(1) DUTIES.—The council shall—
‘‘(A) advise and assist the lead agency des-
ignated or established under section 635(a)(10)
in the performance of the responsibilities set
forth in such section, particularly the identifica-
tion of the sources of fiscal and other support for
services for early intervention programs, assign-
ment of financial responsibility to the appro-
priate agency, and the promotion of the inter-
agency agreements;
‘‘(B) advise and assist the lead agency in
the preparation of applications and amendments
thereto;
‘‘(C) advise and assist the State educational
agency regarding the transition of toddlers with
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disabilities to preschool and other appropriate
services; and
‘‘(D) prepare and submit an annual report
to the Governor and to the Secretary on the sta-
tus of early intervention programs for infants
and toddlers with disabilities and their families
operated within the State.
‘‘(2) AUTHORIZED ACTIVITY.—The council may
advise and assist the lead agency and the State edu-
cational agency regarding the provision of appro-
priate services for children from birth through age 5.
The council may advise appropriate agencies in the
State with respect to the integration of services for in-
fants and toddlers with disabilities and at-risk in-
fants and toddlers and their families, regardless of
whether at-risk infants and toddlers are eligible for
early intervention services in the State.
‘‘(f) CONFLICT OF INTEREST.—No member of the coun-
cil shall cast a vote on any matter that is likely to provide
a 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, and 618 shall, to the extent not
inconsistent with this part, apply to the program author-
ized by this part, except that—
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‘‘(1) any reference in such sections to a State
educational agency shall be considered to be a ref-
erence to a State’s lead agency established or des-
ignated under section 635(a)(10);
‘‘(2) any reference in such sections to a local
educational agency, educational service agency, or a
State agency shall be considered to be a reference to
an early intervention service provider under this
part; and
‘‘(3) any reference to the education of children
with disabilities or the education of all children with
disabilities shall be considered to be a reference to the
provision of appropriate early intervention services to
infants and toddlers with disabilities.
‘‘SEC. 643. ALLOCATION OF FUNDS.
‘‘(a) 
RESERVATION
OF
FUNDS
FOR
OUTLYING
AREAS.—
‘‘(1) IN GENERAL.—From the sums appropriated
to carry out this part for any fiscal year, the Sec-
retary may reserve not more than 1 percent for pay-
ments to Guam, American Samoa, the United States
Virgin Islands, and the Commonwealth of the North-
ern Mariana Islands in accordance with their respec-
tive needs.
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‘‘(2) CONSOLIDATION OF FUNDS.—The provisions
of Public Law 95–134, permitting the consolidation of
grants to the outlying areas, shall not apply to funds
those areas receive under this part.
‘‘(b) PAYMENTS TO INDIANS.—
‘‘(1) IN GENERAL.—The Secretary shall, subject
to this subsection, make payments to the Secretary of
the Interior to be distributed to tribes, tribal organi-
zations (as defined under section 4 of the Indian Self-
Determination and Education Assistance Act), or
consortia of the above entities for the coordination of
assistance in the provision of early intervention serv-
ices by the States to infants and toddlers with disabil-
ities and their families on reservations served by ele-
mentary schools 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 Sec-
retary of the Interior shall distribute the entire pay-
ment received under paragraph (1) by providing to
each tribe, tribal organization, or consortium an
amount based on the number of infants and toddlers
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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 subsection, the tribe, tribal organization,
or consortium shall submit such information to the
Secretary of the Interior as is needed to determine the
amounts to be distributed under paragraph (2).
‘‘(4) USE OF FUNDS.—The funds received by a
tribe, tribal organization, or consortium shall be used
to assist States in child find, screening, and other
procedures for the early identification of Indian chil-
dren under 3 years of age and for parent training.
Such funds may also be used to provide early inter-
vention services in accordance with this part. Such
activities may be carried out directly or through con-
tracts or cooperative agreements with the BIA, local
educational agencies, and other public or private non-
profit organizations. The tribe, tribal organization, or
consortium is encouraged to involve Indian parents
in the development and implementation of these ac-
tivities. The above entities shall, as appropriate, make
referrals to local, State, or Federal entities for the
provision of services or further diagnosis.
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‘‘(5) REPORTS.—To be eligible to receive a grant
under paragraph (2), a tribe, tribal organization, or
consortium shall make a biennial report to the Sec-
retary of the Interior of activities undertaken under
this subsection, including the number of contracts and
cooperative agreements entered into, the number of
children contacted and receiving services for each
year, and the estimated number of children needing
services during the 2 years following the year in
which the report is made. The Secretary of the Inte-
rior shall include a summary of this information on
a biennial basis to the Secretary of Education along
with such other information as required under section
611(h)(3)(E). The Secretary of Education may re-
quire any additional information from the Secretary
of the Interior.
‘‘(6) PROHIBITED USES OF FUNDS.—None of the
funds under this subsection may be used by the Sec-
retary of the Interior for administrative purposes, in-
cluding child count, and the provision of technical as-
sistance.
‘‘(c) STATE ALLOTMENTS.—
‘‘(1) IN GENERAL.—Except as provided in para-
graphs (2) and (3), from the funds remaining for each
fiscal year after the reservation and payments under
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subsections (a), (b), and (e), the Secretary shall first
allot to each State an amount that bears the same
ratio to the amount of such remainder as the number
of infants and toddlers in the State bears to the num-
ber of infants and toddlers in all States.
‘‘(2) MINIMUM
ALLOTMENTS.—Except as pro-
vided in paragraph (3), no State shall receive an
amount under this section for any fiscal year that is
less than the greater of—
‘‘(A) 1⁄2 of 1 percent of the remaining
amount described in paragraph (1); or
‘‘(B) $500,000.
‘‘(3) RATABLE REDUCTION.—
‘‘(A) IN GENERAL.—If the sums made avail-
able under this part for any fiscal year are in-
sufficient to pay the full amounts that all States
are eligible to receive under this subsection for
such year, the Secretary shall ratably reduce the
allotments to such States for such year.
‘‘(B) ADDITIONAL
FUNDS.—If additional
funds become available for making payments
under this subsection for a fiscal year, allotments
that were reduced under subparagraph (A) shall
be increased on the same basis the allotments
were reduced.
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‘‘(4) 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 Secretary
shall reallot, among the remaining States, amounts from
such State in accordance with such subsection.
‘‘(e) RESERVATION FOR STATE BONUS GRANTS.—The
Secretary shall reserve 10 percent of the amount by which
the amount appropriated under section 644 for any fiscal
year exceeds $434,159,000 to make allotments to States that
are carrying out the policy described in section 635(b), in
accordance with the formula described in subsection (c)(1)
without regard to subsections (c) (2) and (3).
‘‘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 2004 through 2009.
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‘‘PART D—NATIONAL ACTIVITIES TO IMPROVE
EDUCATION OF CHILDREN WITH DISABILITIES
‘‘SEC. 650. FINDINGS.
‘‘Congress finds the following:
‘‘(1) The Federal Government has an ongoing ob-
ligation to support activities that contribute to posi-
tive results for children with disabilities, enabling
them to lead productive and independent adult lives.
‘‘(2) Systemic change benefiting all students, in-
cluding children with disabilities, requires the in-
volvement of States, local educational agencies, par-
ents, individuals with disabilities and their families,
teachers and other service providers, and other inter-
ested individuals and organizations to develop and
implement comprehensive strategies that improve edu-
cational results for children with disabilities.
‘‘(3) State educational agencies, in partnership
with local educational agencies, parents of children
with disabilities, and other individuals and organiza-
tions, are in the best position to improve education
for children with disabilities and to address their spe-
cial needs.
‘‘(4) An effective educational system serving stu-
dents with disabilities should—
‘‘(A) maintain high academic achievement
standards and clear performance goals for chil-
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dren with disabilities, consistent with the stand-
ards and expectations for all students in the edu-
cational system, and provide for appropriate
and effective strategies and methods to ensure
that all children with disabilities have the oppor-
tunity to achieve those standards and goals;
‘‘(B) clearly define, in objective, measurable
terms, the school and post-school results that
children with disabilities are expected to achieve;
and
‘‘(C) promote transition services and coordi-
nate State and local education, social, health,
mental health, and other services, in addressing
the full range of student needs, particularly the
needs of children with disabilities who need sig-
nificant levels of support to participate and
learn in school and the community.
‘‘(5) The availability of an adequate number of
qualified personnel is critical to serve effectively chil-
dren with disabilities, to assume leadership positions
in administration and direct services, to provide
teacher training, and to conduct high quality research
to improve special education.
‘‘(6) High quality, comprehensive professional
development programs are essential to ensure that the
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persons responsible for the education or transition of
children with disabilities possess the skills and knowl-
edge necessary to address the educational and related
needs of those children.
‘‘(7) Models of professional development should
be scientifically based and reflect successful practices,
including strategies for recruiting, preparing, and re-
taining personnel.
‘‘(8) Continued support is essential for the devel-
opment and maintenance of a coordinated and high
quality program of research to inform successful
teaching practices and model curricula for educating
children with disabilities.
‘‘(9) A comprehensive research agenda should be
established and pursued to promote the highest qual-
ity and rigor in special education research, and to
address the full range of issues facing children with
disabilities, parents of children with disabilities,
school personnel, and others.
‘‘(10) Training, technical assistance, support,
and dissemination activities are necessary to ensure
that parts B and C are fully implemented and
achieve high quality early intervention, educational,
and transitional results for children with disabilities
and their families.
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school personnel, and others through curricula, serv-
ices, and assistive technologies.
‘‘Subpart 1—State Personnel Preparation and
Professional Development Grants
‘‘SEC. 651. PURPOSE; DEFINITION; PROGRAM AUTHORITY.
‘‘(a) PURPOSE.—The purpose of this subpart is to as-
sist State educational agencies in reforming and improving
their systems for personnel preparation and professional de-
velopment in early intervention, educational, and transi-
tion services in order to improve results for children with
disabilities.
‘‘(b) DEFINITION.—In this subpart, the term ‘per-
sonnel’ means special education teachers, regular education
teachers, principals, administrators, related services per-
sonnel, paraprofessionals, and early intervention personnel
serving infants, toddlers, preschoolers, or children with dis-
abilities, except where a particular category of personnel,
such as related services personnel, is identified.
‘‘(c) COMPETITIVE GRANTS.—
‘‘(1) IN GENERAL.—Except as provided in sub-
section (d), for any fiscal year for which the amount
appropriated under section 655, that remains after
the Secretary reserves funds under subsection (e) for
the fiscal year, is less than $100,000,000, the Sec-
retary shall award grants, on a competitive basis, to
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State educational agencies to carry out the activities
described in the State plan submitted under section
653.
‘‘(2) PRIORITY.—In awarding grants under
paragraph (1), the Secretary may give priority to
State educational agencies that—
‘‘(A) are in States with the greatest per-
sonnel shortages; or
‘‘(B) demonstrate the greatest difficulty
meeting the requirements of section 612(a)(14).
‘‘(3) MINIMUM.—The Secretary shall make a
grant to each State educational agency selected under
paragraph (1) in an amount for each fiscal year that
is—
‘‘(A) not less than $500,000, nor more than
$4,000,000, in the case of the 50 States, the Dis-
trict of Columbia, and the Commonwealth of
Puerto Rico; and
‘‘(B) not less than $80,000 in the case of an
outlying area.
‘‘(4) INCREASES.—The Secretary may increase
the amounts under in paragraph (3) to account for
inflation.
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‘‘(5) FACTORS.—The Secretary shall set the
amount of each grant under paragraph (1) after
considering—
‘‘(A) the amount of funds available for mak-
ing the grants;
‘‘(B) the relative population of the State or
outlying area;
‘‘(C) the types of activities proposed by the
State or outlying area;
‘‘(D) the alignment of proposed activities
with section 612(a)(14);
‘‘(E) the alignment of proposed activities
with the State plans and applications submitted
under sections 1111 and 2112, respectively, of
the Elementary and Secondary Education Act of
1965; and
‘‘(F) the use, as appropriate, of scientif-
ically based activities.
‘‘(d) FORMULA GRANTS.—
‘‘(1) IN GENERAL.—Except as provided in para-
graphs (2) and (3), for the first fiscal year for which
the amount appropriated under section 655, that re-
mains after the Secretary reserves funds under sub-
section (e) for the fiscal year, is equal to or greater
than $100,000,000, and for each fiscal year thereafter,
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the Secretary shall allot to each State educational
agency, whose application meets the requirements of
this subpart, an amount that bears the same relation
to the amount appropriated as the amount the State
received under section 611(d) for that fiscal year
bears to the amount of funds received by all States
(whose applications meet the requirements of this sub-
part) under section 611(d) for that fiscal year.
‘‘(2) MINIMUM ALLOTMENTS FOR STATES THAT
RECEIVED COMPETITIVE GRANTS.—
‘‘(A) IN
GENERAL.—The amount allotted
under this subsection to any State that received
a competitive multi-year grant under subsection
(c) for which the grant period has not expired
shall be at least the amount specified for that fis-
cal year in the State’s grant award document
under that subsection.
‘‘(B) SPECIAL
RULE.—Each such State
shall use the minimum amount described in sub-
paragraph (A) for the activities described in its
competitive grant award document for that year,
unless the Secretary approves a request from the
State to spend the funds on other activities.
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‘‘(3) MINIMUM ALLOTMENT.—The amount of any
State educational agency’s allotment under this sub-
section for any fiscal year shall not be less than—
‘‘(A) the greater of $500,000 or 1⁄2 of 1 per-
cent of the total amount available under this
subsection for that year, in the case of each of the
50 States, the District of Columbia, and the
Commonwealth of Puerto Rico; and
‘‘(B) $80,000, in the case of an outlying
area.
‘‘(e) CONTINUATION AWARDS.—
‘‘(1) IN GENERAL.—Notwithstanding any other
provision of this subpart, from funds appropriated
under section 655 for each fiscal year, the Secretary
shall reserve the amount that is necessary to make a
continuation award to any State (at the request of the
State) that received a multi-year award under this
part (as this part was in effect on the day before the
date of enactment of the Individuals with Disabilities
Education Improvement Act of 2004), to enable the
State to carry out activities in accordance with the
terms of the multi-year award.
‘‘(2) PROHIBITION.—A State that receives a con-
tinuation award under paragraph (1) for any fiscal
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year may not receive any other award under this sub-
part for that fiscal year.
‘‘SEC. 652. ELIGIBILITY AND COLLABORATIVE PROCESS.
‘‘(a) ELIGIBLE APPLICANTS.—A State educational
agency may apply for a grant under this subpart for a
grant period of not less than 1 year and not more than
5 years.
‘‘(b) PARTNERS.—
‘‘(1) IN GENERAL.—In order to be considered for
a grant under this subpart, a State educational agen-
cy shall establish a partnership with local educational
agencies and other State agencies involved in, or con-
cerned with, the education of children with disabil-
ities, including institutions of higher education and
the State agencies responsible for administering part
C, child care, and vocational rehabilitation programs.
‘‘(2) OTHER PARTNERS.—In order to be consid-
ered for a grant under this subpart, a State edu-
cational agency shall work in partnership with other
persons and organizations involved in, and concerned
with, the education of children with disabilities,
which may include—
‘‘(A) the Governor;
‘‘(B) parents of children with disabilities
ages birth through 26;
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‘‘(C) parents of nondisabled children ages
birth through 26;
‘‘(D) individuals with disabilities;
‘‘(E) parent training and information cen-
ters or community parent resource centers fund-
ed under sections 671 and 672, respectively;
‘‘(F) community based and other nonprofit
organizations involved in the education and em-
ployment of individuals with disabilities;
‘‘(G) personnel as defined in section 651(b);
‘‘(H) the State advisory panel established
under part B;
‘‘(I) the State interagency coordinating
council established under part C;
‘‘(J) individuals knowledgeable about voca-
tional education;
‘‘(K) the State agency for higher education;
‘‘(L) public agencies with jurisdiction in the
areas of health, mental health, social services,
and juvenile justice;
‘‘(M) other providers of professional develop-
ment that work with infants, toddlers, pre-
schoolers, and children with disabilities; and
‘‘(N) other individuals.
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‘‘(3) REQUIRED PARTNER.—If State law assigns
responsibility for teacher preparation and certifi-
cation to an individual, entity, or agency other than
the State educational agency, the State educational
agency shall—
‘‘(A) include that individual, entity, or
agency as a partner in the partnership under
this subsection; and
‘‘(B) ensure that any activities the State
will carry out under this subpart that are within
that partner’s jurisdiction (which may include
activities described in section 654(b)) are carried
out by that partner.
‘‘SEC. 653. APPLICATIONS.
‘‘(a) IN GENERAL.—
‘‘(1) SUBMISSION.—A State educational agency
that desires to receive a grant under this subpart
shall submit to the Secretary an application at such
time, in such manner, and including such informa-
tion as the Secretary may require.
‘‘(2) STATE
PLAN.—The application shall in-
clude a plan that identifies and addresses the State
and local needs for the personnel preparation and
professional development of personnel, as well as indi-
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viduals who provide direct supplementary aids and
services to children with disabilities, and that—
‘‘(A) is designed to enable the State to meet
the requirements of section 612(a)(14) and sec-
tion 635(a) (8) and (9);
‘‘(B) is based on an assessment of State and
local needs that identifies critical aspects and
areas in need of improvement related to the
preparation, ongoing training, and professional
development of personnel that serve infants, tod-
dlers, preschoolers, and children with disabilities
within the State, including—
‘‘(i) current and anticipated personnel
vacancies and shortages; and
‘‘(ii) the number of preservice pro-
grams; and
‘‘(C) is integrated and aligned, to the max-
imum extent possible, with State plans and ac-
tivities under the Elementary and Secondary
Education Act of 1965, the Rehabilitation Act of
1973, and the Higher Education Act of 1965.
‘‘(3) REQUIREMENT.—The State application
shall contain an assurance that the State educational
agency will carry out each of the strategies described
in subsection (b)(4).
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‘‘(b) ELEMENTS OF STATE PERSONNEL PREPARATION
AND PROFESSIONAL DEVELOPMENT PLAN.—Each profes-
sional development plan under subsection (a)(2) shall—
‘‘(1) describe a partnership agreement that is in
effect for the period of the grant, which agreement
shall specify—
‘‘(A) the nature and extent of the partner-
ship described in section 652(b) and the respec-
tive roles of each member of the partnership, in-
cluding 
the 
partner 
described 
in 
section
652(b)(3) if applicable; and
‘‘(B) how the State will work with other
persons and organizations involved in, and con-
cerned with, the education of children with dis-
abilities, including the respective roles of each of
the persons and organizations;
‘‘(2) describe how the strategies and activities de-
scribed in paragraph (4) will be coordinated with
other public resources (including part B and part C
funds retained for use at the State level for personnel
and professional development purposes) and private
resources;
‘‘(3) describe how the State will align its profes-
sional development plan under this subpart with the
plan and application submitted under sections 1111
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and 2112, respectively, of the Elementary and Sec-
ondary Education Act of 1965;
‘‘(4) describe what strategies the State will use to
address the professional development and personnel
needs identified under subsection (a)(2) and how those
strategies will be implemented, including—
‘‘(A) a description of the preservice and in-
service programs and activities to be supported
under this subpart that will provide personnel
with the knowledge and skills to meet the needs
of, and improve the performance and achieve-
ment of, infants, toddlers, preschoolers, and chil-
dren with disabilities; and
‘‘(B) how such strategies shall be integrated,
to the maximum extent possible, with other ac-
tivities supported by grants funded under this
part, including those under section 664;
‘‘(5) provide an assurance that the State will
provide technical assistance to local educational agen-
cies to improve the quality of professional develop-
ment available to meet the needs of personnel who
serve children with disabilities;
‘‘(6) provide an assurance that the State will
provide technical assistance to entities that provide
services to infants and toddlers with disabilities to
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improve the quality of professional development avail-
able to meet the needs of personnel serving such chil-
dren;
‘‘(7) describe how the State will recruit and re-
tain highly qualified teachers and other qualified per-
sonnel in geographic areas of greatest need;
‘‘(8) describe the steps the State will take to en-
sure that poor and minority children are not taught
at higher rates by teachers who are not highly quali-
fied; and
‘‘(9) describe how the State will assess, on a reg-
ular basis, the extent to which the strategies imple-
mented under this subpart have been effective in meet-
ing the performance goals described in section
612(a)(15).
‘‘(c) PEER REVIEW.—
‘‘(1) IN GENERAL.—The Secretary shall use a
panel of experts who are competent, by virtue of their
training, expertise, or experience, to evaluate applica-
tions for grants under section 651(c)(1).
‘‘(2) COMPOSITION OF PANEL.—A majority of a
panel described in paragraph (1) shall be composed of
individuals who are not employees of the Federal
Government.
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‘‘(3) PAYMENT OF FEES AND EXPENSES OF CER-
TAIN MEMBERS.—The Secretary may use available
funds appropriated to carry out this subpart to pay
the expenses and fees of panel members who are not
employees of the Federal Government.
‘‘(d) REPORTING PROCEDURES.—Each State edu-
cational agency that receives a grant under this subpart
shall submit annual performance reports to the Secretary.
The reports shall describe the progress of the State in imple-
menting its plan and analyze the effectiveness of the State’s
activities under this subpart.
‘‘SEC. 654. USE OF FUNDS.
‘‘(a) PROFESSIONAL DEVELOPMENT ACTIVITIES.—A
State educational agency that receives a grant under this
subpart shall use the grant funds to support activities in
accordance with the State’s plan described in section 653,
including 1 or more of the following:
‘‘(1) Carrying out programs that provide sup-
port to both special education and regular education
teachers of children with disabilities and principals,
such as programs that—
‘‘(A) provide teacher mentoring, team teach-
ing, reduced class schedules and case loads, and
intensive professional development;
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‘‘(B) use standards or assessments for guid-
ing beginning teachers that are consistent with
challenging State student academic achievement
and functional standards and with the require-
ments for professional development as defined in
section 9101(34) of the Elementary and Sec-
ondary Education Act of 1965; and
‘‘(C) encourage collaborative and consult-
ative models of providing early intervention, spe-
cial education, and related services.
‘‘(2) Encouraging and supporting the training of
special education and regular education teachers and
administrators to effectively use and integrate
technology—
‘‘(A) into curricula and instruction, includ-
ing training to improve the ability to collect,
manage, and analyze data to improve teaching,
decisionmaking, school improvement efforts, and
accountability;
‘‘(B) to enhance learning by children with
disabilities; and
‘‘(C) to effectively communicate with par-
ents.
‘‘(3) Providing professional development activi-
ties that—
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‘‘(A) improve the knowledge of special edu-
cation 
and 
regular 
education 
teachers
concerning—
‘‘(i) the academic and developmental
or functional needs of students with disabil-
ities; or
‘‘(ii) effective instructional strategies,
methods, and skills, and the use of State
academic content standards and student
academic 
achievement 
and 
functional
standards, and State assessments, to im-
prove teaching practices and student aca-
demic achievement;
‘‘(B) improve the knowledge of special edu-
cation and regular education teachers and prin-
cipals and, in appropriate cases, paraprofes-
sionals, concerning effective instructional prac-
tices and that—
‘‘(i) provide training in how to teach
and address the needs of children with dif-
ferent learning styles and children with
limited English proficiency;
‘‘(ii) involve collaborative groups of
teachers, administrators, and, in appro-
priate cases, related services personnel;
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menting effective and appropriate IEPs;
and
‘‘(vi) provide training to meet the
needs of students with significant health,
mobility, or behavioral needs prior to serv-
ing such students;
‘‘(C) train administrators, principals, and
other relevant school personnel in conducting ef-
fective IEP meetings; and
‘‘(D) Train early intervention, preschool,
and related services providers, and other relevant
school personnel, in conducting effective individ-
ualized family service plan (IFSP) meetings.
‘‘(4) Developing and implementing initiatives to
promote the recruitment and retention of highly
qualified special education teachers, particularly ini-
tiatives that have been proven effective in recruitment
and retaining highly qualified teachers, including
programs that provide—
‘‘(A) teacher mentoring from exemplary spe-
cial education teachers, principals, or super-
intendents;
‘‘(B) induction and support for special edu-
cation teachers during their first 3 years of em-
ployment as teachers; or
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‘‘(C) incentives, including financial incen-
tives, to retain special education teachers who
have a record of success in helping students with
disabilities.
‘‘(5) Carrying out programs and activities that
are designed to improve the quality of personnel who
serve children with disabilities, such as—
‘‘(A) innovative professional development
programs (which may be provided through part-
nerships that include institutions of higher edu-
cation), including programs that train teachers
and principals to integrate technology into cur-
ricula and instruction to improve teaching,
learning, and technology literacy, which profes-
sional development shall be consistent with the
definition of professional development in section
9101(34) of the Elementary and Secondary Edu-
cation Act of 1965; and
‘‘(B) the development and use of proven,
cost effective strategies for the implementation of
professional development activities, such as
through the use of technology and distance learn-
ing.
‘‘(6) Carrying out programs and activities that
are designed to improve the quality of early interven-
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tion personnel, including paraprofessionals and pri-
mary referral sources, such as—
‘‘(A) professional development programs to
improve the delivery of early intervention serv-
ices;
‘‘(B) initiatives to promote the recruitment
and retention of early intervention personnel;
and
‘‘(C) interagency activities to ensure that
personnel are adequately prepared and trained.
‘‘(b) OTHER ACTIVITIES.—A State educational agency
that receives a grant under this subpart shall use the grant
funds to support activities in accordance with the State’s
plan described in section 653, including 1 or more of the
following:
‘‘(1) Reforming special education and regular
education teacher certification (including recertifi-
cation) or licensing requirements to ensure that—
‘‘(A) special education and regular edu-
cation teachers have—
‘‘(i) the training and information nec-
essary to address the full range of needs of
children with disabilities across disability
categories; and
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‘‘(ii) the necessary subject matter
knowledge and teaching skills in the aca-
demic subjects that they teach;
‘‘(B) special education and regular edu-
cation teacher certification (including recertifi-
cation) or licensing requirements are aligned
with challenging State academic content stand-
ards; and
‘‘(C) special education and regular edu-
cation teachers have the subject matter knowledge
and teaching skills, including technology lit-
eracy, necessary to help students with disabilities
meet challenging State student academic achieve-
ment and functional standards.
‘‘(2) Programs that establish, expand, or improve
alternative routes for State certification of special
education teachers for highly qualified individuals
with a baccalaureate or master’s degree, including
mid-career professionals from other occupations,
paraprofessionals, and recent college or university
graduates with records of academic distinction who
demonstrate the potential to become highly effective
special education teachers.
‘‘(3) Teacher advancement initiatives for special
education teachers that promote professional growth
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and emphasize multiple career paths (such as paths
to becoming a career teacher, mentor teacher, or exem-
plary teacher) and pay differentiation.
‘‘(4) Developing and implementing mechanisms
to assist local educational agencies and schools in ef-
fectively recruiting and retaining highly qualified
special education teachers.
‘‘(5) Reforming tenure systems, implementing
teacher testing for subject matter knowledge, and im-
plementing teacher testing for State certification or
licensing, consistent with title II of the Higher Edu-
cation Act of 1965.
‘‘(6) Funding projects to promote reciprocity of
teacher certification or licensing between or among
States for special education teachers, except that no
reciprocity agreement developed under this paragraph
or developed using funds provided under this subpart
may lead to the weakening of any State teaching cer-
tification or licensing requirement.
‘‘(7) Developing or assisting local educational
agencies to serve children with disabilities through the
development and use of proven, innovative strategies
to deliver intensive professional development pro-
grams that are both cost effective and easily acces-
sible, such as strategies that involve delivery through
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the use of technology, peer networks, and distance
learning.
‘‘(8) Developing, or assisting local educational
agencies in developing, merit based performance sys-
tems, and strategies that provide differential and
bonus pay for special education teachers.
‘‘(9) Supporting activities that ensure that
teachers are able to use challenging State academic
content standards and student academic and func-
tional achievement standards, and State assessments
for all children with disabilities, to improve instruc-
tional practices and improve the academic achieve-
ment of children with disabilities.
‘‘(10) When applicable, coordinating with, and
expanding 
centers 
established 
under, 
section
2113(c)(18) of the Elementary and Secondary Edu-
cation Act of 1965 to benefit special education teach-
ers.
‘‘(c) CONTRACTS AND SUBGRANTS.—Each such State
educational agency—
‘‘(1) shall award contracts or subgrants to local
educational agencies, institutions of higher education,
parent training and information centers, or commu-
nity parent resource centers, as appropriate, to carry
out its State plan under this subpart; and
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‘‘(2) may award contracts and subgrants to other
public and private entities, including the lead agency
under part C, to carry out such plan.
‘‘(d) USE OF FUNDS FOR PROFESSIONAL DEVELOP-
MENT.—A State educational agency that receives a grant
under this subpart shall use—
‘‘(1) not less than 75 percent of the funds the
State educational agency receives under the grant for
any fiscal year for activities under subsection (a);
and
‘‘(2) not more than 25 percent of the funds the
State educational agency receives under the grant for
any fiscal year for activities under subsection (b).
‘‘(e) GRANTS TO OUTLYING AREAS.—Public Law 95–
134, permitting the consolidation of grants to the outlying
areas, shall not apply to funds received under this subpart.
‘‘SEC. 655. 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 2004 through 2009.
‘‘Subpart 2—Scientifically Based Research, Technical
Assistance, Model Demonstration Projects, and
Dissemination of Information
‘‘SEC. 660. PURPOSE.
‘‘The purpose of this subpart is—
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‘‘(1) to provide Federal funding for scientifically
based research, technical assistance, model demonstra-
tion projects, and information dissemination to im-
prove early intervention, educational, and transi-
tional results for children with disabilities; and
‘‘(2) to assist State educational agencies and
local educational agencies in improving their edu-
cation systems.
‘‘SEC. 661. ADMINISTRATIVE PROVISIONS.
‘‘(a) COMPREHENSIVE PLAN.—
‘‘(1) IN GENERAL.—After receiving input from
interested individuals with relevant expertise, the Sec-
retary shall develop and implement a comprehensive
plan for activities carried out under this subpart
(other than activities assisted under section 665 and
subpart 3) in order to enhance the provision of early
intervention, educational, related and transitional
services to children with disabilities under parts B
and C. The plan shall be coordinated with the plan
developed pursuant to section 177(c) of the Education
Sciences Reform Act of 2002 and shall include mecha-
nisms to address early intervention, educational, re-
lated service and transitional needs identified by
State educational agencies in applications submitted
for State Personnel and Professional Development
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grants under subpart 1 and for grants under this sub-
part.
‘‘(2) PUBLIC
COMMENT.—The Secretary shall
provide a public comment period of at least 60 days
on the plan.
‘‘(3) DISTRIBUTION
OF
FUNDS.—In imple-
menting the plan, the Secretary shall, to the extent
appropriate, ensure that funds are awarded to recipi-
ents under this subpart, subpart 3, and subpart 4 to
carry out activities that benefit, directly or indirectly,
children with the full range of disabilities and of all
ages.
‘‘(4) REPORTS
TO
CONGRESS.—The Secretary
shall annually report to Congress on the Secretary’s
activities under this subpart, subpart 3, and subpart
4, including an initial report not later than 12
months after the date of enactment of the Individuals
with Disabilities Education Improvement Act of
2004.
‘‘(b) ELIGIBLE APPLICANTS.—
‘‘(1) IN GENERAL.—Except as otherwise provided
in this subpart, the following entities are eligible to
apply for a grant, contract, or cooperative agreement
under this subpart:
‘‘(A) A State educational agency.
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‘‘(B) A local educational agency.
‘‘(C) A public charter school that is a local
educational agency under State law.
‘‘(D) An institution of higher education.
‘‘(E) Any other public agency.
‘‘(F) A private nonprofit organization.
‘‘(G) An outlying area.
‘‘(H) An Indian tribe or a tribal organiza-
tion (as defined under section 4 of the Indian
Self-Determination and Education Assistance
Act).
‘‘(I) A for-profit organization.
‘‘(2) SPECIAL RULE.—The Secretary may limit
the entities eligible for an award of a grant, contract,
or cooperative agreement to 1 or more categories of el-
igible entities described in paragraph (1).
‘‘(c) SPECIAL POPULATIONS.—
‘‘(1) APPLICATION
REQUIREMENT.—In making
an award of a grant, contract, or cooperative agree-
ment under this subpart, subpart 3, and subpart 4,
the Secretary shall, as appropriate, require an appli-
cant to meet the criteria set forth by the Secretary
under this subpart and demonstrate how the appli-
cant will address the needs of children with disabil-
ities from minority backgrounds.
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‘‘(2) OUTREACH AND TECHNICAL ASSISTANCE.—
Notwithstanding any other provision of this Act, the
Secretary shall reserve at least 1 percent of the total
amount of funds made available to carry out this sub-
part, subpart 3, or subpart 4 for 1 or both of the fol-
lowing activities:
‘‘(A) To provide outreach and technical as-
sistance to Historically Black Colleges and Uni-
versities, and to institutions of higher education
with minority enrollments of at least 25 percent,
to promote the participation of such colleges,
universities, and institutions in activities under
this subpart.
‘‘(B) To enable Historically Black Colleges
and Universities, and the institutions described
in subparagraph (A), to assist other colleges,
universities, institutions, and agencies in im-
proving educational and transitional results for
children with disabilities.
‘‘(d) PRIORITIES.—The Secretary, in making an
award of a grant, contract, or cooperative agreement under
this subpart, subpart 3, or subpart 4, may, without regard
to the rulemaking procedures under section 553(a) of title
5, United States Code, limit competitions to, or otherwise
give priority to—
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‘‘(1) projects that address 1 or more—
‘‘(A) age ranges;
‘‘(B) disabilities;
‘‘(C) school grades;
‘‘(D) types of educational placements or
early intervention environments;
‘‘(E) types of services;
‘‘(F) content areas, such as reading; or
‘‘(G) effective strategies for helping children
with disabilities learn appropriate behavior in
the school and other community based edu-
cational settings;
‘‘(2) projects that address the needs of children
based on the severity or incidence of their disability;
‘‘(3) projects that address the needs of—
‘‘(A) low achieving students;
‘‘(B) underserved populations;
‘‘(C) children from low income families;
‘‘(D) limited English proficient children;
‘‘(E) unserved and underserved areas;
‘‘(F) rural or urban areas;
‘‘(G) children whose behavior interferes with
their learning and socialization;
‘‘(H) children with reading difficulties;
‘‘(I) children in charter schools; or