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‘‘(ii) all educational programs for chil-
dren with disabilities in the State, includ-
ing all such programs administered by any
other State or local agency—
‘‘(I) are under the general super-
vision of individuals in the State who
are responsible for educational pro-
grams for children with disabilities;
and
‘‘(II) meet the educational stand-
ards of the State educational agency.
‘‘(B) LIMITATION.—Subparagraph (A) shall
not limit the responsibility of agencies in the
State other than the State educational agency to
provide, or pay for some or all of the costs of, a
free appropriate public education for any child
with a disability in the State.
‘‘(C) EXCEPTION.—Notwithstanding sub-
paragraphs (A) and (B), the Governor (or an-
other individual pursuant to State law), con-
sistent with State law, may assign to any public
agency in the State the responsibility of ensuring
that the requirements of this part are met with
respect to children with disabilities who are con-
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victed as adults under State law and incarcer-
ated in adult prisons.
‘‘(12) OBLIGATIONS RELATED TO AND METHODS
OF ENSURING SERVICES.—
‘‘(A) ESTABLISHING
RESPONSIBILITY
FOR
SERVICES.—The Chief Executive Officer of a
State or designee of the officer shall ensure that
an interagency agreement or other mechanism
for interagency coordination is in effect between
each public agency described in subparagraph
(B) and the State educational agency, in order
to ensure that all services described in subpara-
graph (B)(i) that are needed to ensure a free ap-
propriate public education are provided, includ-
ing the provision of such services during the
pendency of any dispute under clause (iii). Such
agreement or mechanism shall include the fol-
lowing:
‘‘(i) AGENCY
FINANCIAL
RESPONSI-
BILITY.—An identification of, or a method
for defining, the financial responsibility of
each agency for providing services described
in subparagraph (B)(i) to ensure a free ap-
propriate public education to children with
disabilities, provided that the financial re-
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sponsibility of each public agency described
in subparagraph (B), including the State
Medicaid agency and other public insurers
of children with disabilities, shall precede
the financial responsibility of the local edu-
cational agency (or the State agency re-
sponsible for developing the child’s IEP).
‘‘(ii) CONDITIONS AND TERMS OF RE-
IMBURSEMENT.—The conditions, terms, and
procedures under which a local educational
agency shall be reimbursed by other agen-
cies.
‘‘(iii) INTERAGENCY
DISPUTES.—Pro-
cedures for resolving interagency disputes
(including procedures under which local
educational agencies may initiate pro-
ceedings) under the agreement or other
mechanism to secure reimbursement from
other agencies or otherwise implement the
provisions of the agreement or mechanism.
‘‘(iv) 
COORDINATION
OF
SERVICES
PROCEDURES.—Policies and procedures for
agencies to determine and identify the
interagency coordination responsibilities of
each agency to promote the coordination
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and timely and appropriate delivery of
services described in subparagraph (B)(i).
‘‘(B) OBLIGATION OF PUBLIC AGENCY.—
‘‘(i) IN GENERAL.—If any public agen-
cy other than an educational agency is oth-
erwise obligated under Federal or State law,
or assigned responsibility under State pol-
icy pursuant to subparagraph (A), to pro-
vide or pay for any services that are also
considered special education or related serv-
ices (such as, but not limited to, services de-
scribed in section 602(1) relating to assist-
ive technology devices, 602(2) relating to as-
sistive technology services, 602(25) relating
to related services, 602(32) relating to sup-
plementary aids and services, and 602(33)
relating to transition services) that are nec-
essary for ensuring a free appropriate pub-
lic education to children with disabilities
within the State, such public agency shall
fulfill that obligation or responsibility, ei-
ther directly or through contract or other
arrangement pursuant to subparagraph (A)
or an agreement pursuant to subparagraph
(C).
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‘‘(ii) REIMBURSEMENT FOR SERVICES
BY
PUBLIC
AGENCY.—If a public agency
other than an educational agency fails to
provide or pay for the special education and
related services described in clause (i), the
local educational agency (or State agency
responsible for developing the child’s IEP)
shall provide or pay for such services to the
child. Such local educational agency or
State agency is authorized to claim reim-
bursement for the services from the public
agency that failed to provide or pay for
such services and such public agency shall
reimburse the local educational agency or
State agency pursuant to the terms of the
interagency agreement or other mechanism
described in subparagraph (A)(i) according
to the procedures established in such agree-
ment pursuant to subparagraph (A)(ii).
‘‘(C) SPECIAL RULE.—The requirements of
subparagraph (A) may be met through—
‘‘(i) State statute or regulation;
‘‘(ii) signed agreements between respec-
tive agency officials that clearly identify the
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responsibilities of each agency relating to
the provision of services; or
‘‘(iii) other appropriate written meth-
ods as determined by the Chief Executive
Officer of the State or designee of the officer
and approved by the Secretary.
‘‘(13) PROCEDURAL
REQUIREMENTS
RELATING
TO LOCAL EDUCATIONAL AGENCY ELIGIBILITY.—The
State educational agency will not make a final deter-
mination that a local educational agency is not eligi-
ble for assistance under this part without first afford-
ing that agency reasonable notice and an opportunity
for a hearing.
‘‘(14) PERSONNEL STANDARDS.—
‘‘(A) IN GENERAL.—The State educational
agency has established and maintains standards
to ensure that personnel necessary to carry out
this part are appropriately and adequately pre-
pared and trained, including that those per-
sonnel have the content knowledge and skills to
serve children with disabilities.
‘‘(B) RELATED SERVICES PERSONNEL AND
PARAPROFESSIONALS.—The 
standards 
under
subparagraph (A) include standards for related
services personnel and paraprofessionals that—
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‘‘(i) are consistent with any State-ap-
proved or State-recognized certification, li-
censing, registration, or other comparable
requirements that apply to the professional
discipline in which those personnel are pro-
viding special education or related services;
‘‘(ii) ensure that related services per-
sonnel who deliver services in their dis-
cipline or profession meet the requirements
of clause (i) and have not had certification
or licensure requirements waived on an
emergency, temporary, or provisional basis;
and
‘‘(iii) allow paraprofessionals and as-
sistants who are appropriately trained and
supervised, in accordance with State law,
regulation, or written policy, in meeting the
requirements of this part to be used to assist
in the provision of special education and re-
lated services under this part to children
with disabilities.
‘‘(C) STANDARDS FOR SPECIAL EDUCATION
TEACHERS.—
‘‘(i) IN GENERAL.—The standards de-
scribed in subparagraph (A) shall ensure
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that each person employed as a special edu-
cation teacher in the State who teaches in
an elementary, middle, or secondary school
is highly qualified not later than the end of
the 2006–2007 school year.
‘‘(ii) 
COMPLIANCE.—Notwithstanding
paragraphs (2) and (3) of section 1119(a) of
the Elementary and Secondary Education
Act of 1965, for purposes of determining
compliance with such paragraphs—
‘‘(I) the Secretary, the State edu-
cational agency, and local educational
agencies shall apply the definition of
highly qualified in section 602(10) to
special education teachers; and
‘‘(II) the State shall ensure that
all special education teachers teaching
in core academic subjects within the
State are highly qualified (as defined
in section 602(10)) not later than the
end of the 2006–2007 school year.
‘‘(iii) PARENTS’ RIGHT TO KNOW.—In
carrying out section 1111(h)(6) of the Ele-
mentary and Secondary Education Act of
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1965 with respect to special education
teachers, a local educational agency shall—
‘‘(I) include in a response to a re-
quest under such section any addi-
tional information needed to dem-
onstrate that the teacher meets the ap-
plicable 
requirements 
of 
section
602(10) relating to certification or li-
censure as a special education teacher;
and
‘‘(II) apply the definition of high-
ly qualified in section 602(10) in car-
rying out section 1111(h)(6)(B)(ii).
‘‘(D) POLICY.—In implementing this sec-
tion, a State shall adopt a policy that includes
a requirement that local educational agencies in
the State take measurable steps to recruit, hire,
train, and retain highly qualified personnel to
provide special education and related services
under this part to children with disabilities.
‘‘(E) RULE
OF
CONSTRUCTION.—Notwith-
standing any other individual right of action
that a parent or student may maintain under
this part, nothing in this subsection shall be con-
strued to create a right of action on behalf of an
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individual student for the failure of a particular
State educational agency or local educational
agency staff person to be highly qualified, or to
prevent a parent from filing a complaint about
staff qualifications with the State educational
agency as provided for under this part.
‘‘(15) PERFORMANCE GOALS AND INDICATORS.—
The State—
‘‘(A) has established goals for the perform-
ance of children with disabilities in the State
that—
‘‘(i) promote the purposes of this Act,
as stated in section 601(d);
‘‘(ii) are the same as the State’s defini-
tion of adequate yearly progress, including
the State’s objectives for progress by chil-
dren 
with 
disabilities, 
under 
section
1111(b)(2)(C) of the Elementary and Sec-
ondary Education Act of 1965;
‘‘(iii) address graduation rates and
drop out rates, as well as such other factors
as the State may determine; and
‘‘(iv) are consistent, to the extent ap-
propriate, with any other goals and stand-
ards for children established by the State;
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‘‘(B) has established performance indicators
the State will use to assess progress toward
achieving the goals described in subparagraph
(A), including measurable annual objectives for
progress by children with disabilities under sec-
tion 1111(b)(2)(C)(v)(II)(cc) of the Elementary
and Secondary Education Act of 1965; and
‘‘(C) will annually report to the Secretary
and the public on the progress of the State, and
of children with disabilities in the State, toward
meeting the goals established under subpara-
graph (A).
‘‘(16) PARTICIPATION IN ASSESSMENTS.—
‘‘(A) IN GENERAL.— All children with dis-
abilities are included in all general State and
districtwide assessment programs and account-
ability systems, including assessments and ac-
countability systems described under section
1111 of the Elementary and Secondary Edu-
cation Act of 1965, with appropriate accom-
modations, alternate assessments where nec-
essary, and as indicated in their respective indi-
vidualized education programs.
‘‘(B) ACCOMMODATION
GUIDELINES.—The
State (or, in the case of a districtwide assess-
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ment, the local educational agency) has devel-
oped guidelines for the provision of appropriate
accommodations.
‘‘(C) ALTERNATE ASSESSMENTS.—
‘‘(i) IN GENERAL.—The State (or, in
the case of a districtwide assessment, the
local educational agency) has developed and
implemented guidelines for the participa-
tion of children with disabilities in alter-
nate assessments for those children who can-
not participate in regular assessments
under subparagraph (B) as indicated in
their respective individualized education
programs.
‘‘(ii) REQUIREMENTS FOR ALTERNATE
ASSESSMENTS.—The 
guidelines 
under
clause (i) shall provide for alternate assess-
ments that—
‘‘(I) are aligned with the State’s
challenging academic content and aca-
demic achievement standards; and
‘‘(II) if the State has adopted al-
ternate academic achievement stand-
ards 
permitted 
under 
section
1111(b)(1) of the Elementary and Sec-
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ondary Education Act of 1965, meas-
ure the achievement of children with
disabilities against those standards.
‘‘(iii) CONDUCT OF ALTERNATIVE AS-
SESSMENTS.—The State conducts the alter-
nate assessments described in this subpara-
graph.
‘‘(D) REPORTS.—The State educational
agency (or, in the case of a districtwide assess-
ment, the local educational agency) makes avail-
able to the public, and reports to the public with
the same frequency and in the same detail as it
reports on the assessment of nondisabled chil-
dren, the following:
‘‘(i) The number of children with dis-
abilities participating in regular assess-
ments, and the number of those children
who were provided accommodations in
order to participate in those assessments.
‘‘(ii) The number of children with dis-
abilities participating in alternate assess-
ments described in subparagraph (C)(ii)(I).
‘‘(iii) The number of children with dis-
abilities participating in alternate assess-
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ments 
described 
in 
subparagraph
(C)(ii)(II).
‘‘(iv) The performance of children with
disabilities on regular assessments and on
alternate assessments (if the number of chil-
dren with disabilities participating in those
assessments is sufficient to yield statis-
tically reliable information and reporting
that information will not reveal personally
identifiable information about an indi-
vidual student), compared with the achieve-
ment of all children, including children
with disabilities, on those assessments.
‘‘(E) UNIVERSAL DESIGN.—The State edu-
cational agency (or, in the case of a districtwide
assessment, the local educational agency) shall,
to the extent feasible, use universal design prin-
ciples in developing and administering any as-
sessments under this paragraph.
‘‘(17) SUPPLEMENTATION OF STATE, LOCAL, AND
OTHER FEDERAL FUNDS.—
‘‘(A) EXPENDITURES.—Funds paid to a
State under this part will be expended in accord-
ance with all the provisions of this part.
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‘‘(B) 
PROHIBITION
AGAINST
COMMIN-
GLING.—Funds paid to a State under this part
will not be commingled with State funds.
‘‘(C) PROHIBITION AGAINST SUPPLANTATION
AND CONDITIONS FOR WAIVER BY SECRETARY.—
Except as provided in section 613, funds paid to
a State under this part will be used to supple-
ment the level of Federal, State, and local funds
(including funds that are not under the direct
control of State or local educational agencies) ex-
pended for special education and related services
provided to children with disabilities under this
part and in no case to supplant such Federal,
State, and local funds, except that, where the
State provides clear and convincing evidence
that all children with disabilities have available
to them a free appropriate public education, the
Secretary may waive, in whole or in part, the
requirements of this subparagraph if the Sec-
retary concurs with the evidence provided by the
State.
‘‘(18) MAINTENANCE OF STATE FINANCIAL SUP-
PORT.—
‘‘(A) IN GENERAL.—The State does not re-
duce the amount of State financial support for
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special education and related services for chil-
dren with disabilities, or otherwise made avail-
able because of the excess costs of educating those
children, below the amount of that support for
the preceding fiscal year.
‘‘(B) REDUCTION OF FUNDS FOR FAILURE
TO MAINTAIN SUPPORT.—The Secretary shall re-
duce the allocation of funds under section 611 for
any fiscal year following the fiscal year in which
the State fails to comply with the requirement of
subparagraph (A) by the same amount by which
the State fails to meet the requirement.
‘‘(C) WAIVERS FOR EXCEPTIONAL OR UN-
CONTROLLABLE CIRCUMSTANCES.—The Secretary
may waive the requirement of subparagraph (A)
for a State, for 1 fiscal year at a time, if the
Secretary determines that—
‘‘(i) granting a waiver would be equi-
table due to exceptional or uncontrollable
circumstances such as a natural disaster or
a precipitous and unforeseen decline in the
financial resources of the State; or
‘‘(ii) the State meets the standard in
paragraph (17)(C) for a waiver of the re-
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quirement to supplement, and not to sup-
plant, funds received under this part.
‘‘(D) SUBSEQUENT
YEARS.—If, for any
year, a State fails to meet the requirement of
subparagraph (A), including any year for which
the State is granted a waiver under subpara-
graph (C), the financial support required of the
State in future years under subparagraph (A)
shall be the amount that would have been re-
quired in the absence of that failure and not the
reduced level of the State’s support.
‘‘(19) PUBLIC
PARTICIPATION.—Prior to the
adoption of any policies and procedures needed to
comply with this section (including any amendments
to such policies and procedures), the State ensures
that there are public hearings, adequate notice of the
hearings, and an opportunity for comment available
to the general public, including individuals with dis-
abilities and parents of children with disabilities.
‘‘(20) STATE ADVISORY PANEL.—
‘‘(A) IN
GENERAL.—The State has estab-
lished and maintains an advisory panel for the
purpose of providing policy guidance with re-
spect to special education and related services for
children with disabilities in the State.
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under subtitle B of title VII of the McKin-
ney-Vento Homeless Assistance Act;
‘‘(vi) administrators of programs for
children with disabilities;
‘‘(vii) representatives of other State
agencies involved in the financing or deliv-
ery of related services to children with dis-
abilities;
‘‘(viii) 
representatives 
of 
private
schools and public charter schools;
‘‘(ix) at least 1 representative of a vo-
cational, community, or business organiza-
tion concerned with the provision of transi-
tion services to children with disabilities;
and
‘‘(x) representatives from the State ju-
venile and adult corrections agencies.
‘‘(xi) representatives from the State
child welfare agency; and
‘‘(xii) a representative of wards of the
State who are in foster care, such as an at-
torney for children in foster care, a guard-
ian ad litem, a court appointed special ad-
vocate, or a judge.
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‘‘(C) SPECIAL
RULE.—A majority of the
members of the panel shall be individuals with
disabilities ages birth through 26 or parents of
such individuals.
‘‘(D) DUTIES.—The advisory panel shall—
‘‘(i) advise the State educational agen-
cy of unmet needs within the State in the
education of children with disabilities;
‘‘(ii) comment publicly on any rules or
regulations proposed by the State regarding
the education of children with disabilities;
‘‘(iii) advise the State educational
agency in developing evaluations and re-
porting on data to the Secretary under sec-
tion 618;
‘‘(iv) advise the State educational
agency in developing corrective action plans
to address findings identified in Federal
monitoring reports under this part; and
‘‘(v) advise the State educational agen-
cy in developing and implementing policies
relating to the coordination of services for
children with disabilities.
‘‘(21) SUSPENSION AND EXPULSION RATES.—
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‘‘(A) IN GENERAL.—The State educational
agency examines data to determine if significant
discrepancies are occurring in the rate of long-
term suspensions and expulsions of children with
disabilities—
‘‘(i) among local educational agencies
in the State; or
‘‘(ii) compared to such rates for non-
disabled children within such agencies.
‘‘(B) REVIEW AND REVISION OF POLICIES.—
If such discrepancies are occurring, the State
educational agency reviews and, if appropriate,
revises (or requires the affected State or local
educational agency to revise) its policies, proce-
dures, and practices relating to the development
and implementation of IEPs, the use of behav-
ioral interventions, and procedural safeguards,
to ensure that such policies, procedures, and
practices comply with this Act.
‘‘(22) ACCESS TO INSTRUCTIONAL MATERIALS.—
‘‘(A) IN GENERAL.—The State adopts the
national Instructional Materials Accessibility
Standard described in section 675(a) for the pur-
poses of providing instructional materials to
blind persons or other persons with print disabil-
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ities in a timely manner after the publication of
the standard in the Federal Register.
‘‘(B) PREPARATION
AND
DELIVERY
OF
FILES.—Not later than 2 years after the date of
enactment of the Individuals with Disabilities
Education Improvement Act of 2004, a State
educational agency, as part of any print instruc-
tional materials adoption process, procurement
contract, or other practice or instrument used for
purchase of print instructional materials, enters
into a written contract with the publisher of the
print instructional materials to—
‘‘(i) prepare, and on or before delivery
of the print instructional materials, provide
to the National Instructional Materials Ac-
cess Center, established pursuant to section
675(b), electronic files containing the con-
tents of the print instructional materials
using the Instructional Materials Accessi-
bility Standard; or
‘‘(ii) purchase instructional materials
from a publisher that are produced in or
may be rendered in the specialized formats
described in section 675(a)(4)(C).
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‘‘(C) ASSISTIVE TECHNOLOGY.—In carrying
out subparagraph (B), the State educational
agency, to the maximum extent possible, shall
work collaboratively with the State agency re-
sponsible for assistive technology programs.
‘‘(b) STATE EDUCATIONAL AGENCY AS PROVIDER OF
FREE APPROPRIATE PUBLIC EDUCATION OR DIRECT SERV-
ICES.—If the State educational agency provides free appro-
priate public education to children with disabilities, or pro-
vides direct services to such children, such agency—
‘‘(1) shall comply with any additional require-
ments of section 613(a), as if such agency were a local
educational agency; and
‘‘(2) may use amounts that are otherwise avail-
able to such agency under this part to serve those chil-
dren without regard to section 613(a)(2)(A)(i) (relat-
ing to excess costs).
‘‘(c) EXCEPTION FOR PRIOR STATE PLANS.—
‘‘(1) IN GENERAL.—If a State has on file with
the Secretary policies and procedures that dem-
onstrate that such State meets any requirement of
subsection (a), including any policies and procedures
filed under this part as in effect before the effective
date of the Individuals with Disabilities Education
Improvement Act of 2004, the Secretary shall consider
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such State to have met such requirement for purposes
of receiving a grant under this part.
‘‘(2) MODIFICATIONS MADE BY STATE.—Subject
to paragraph (3), an application submitted by a
State in accordance with this section shall remain in
effect until the State submits to the Secretary such
modifications as the State determines necessary. This
section shall apply to a modification to an applica-
tion to the same extent and in the same manner as
this section applies to the original plan.
‘‘(3) MODIFICATIONS
REQUIRED
BY
THE
SEC-
RETARY.—If, after the effective date of the Individuals
with Disabilities Education Improvement Act of
2004, the provisions of this Act are amended (or the
regulations developed to carry out this Act are
amended), there is a new interpretation of this Act by
a Federal court or a State’s highest court, or there is
an official finding of noncompliance with Federal law
or regulations, then the Secretary may require a
State to modify its application only to the extent nec-
essary to ensure the State’s compliance with this part.
‘‘(d) APPROVAL BY THE SECRETARY.—
‘‘(1) IN GENERAL.—If the Secretary determines
that a State is eligible to receive a grant under this
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part, the Secretary shall notify the State of that deter-
mination.
‘‘(2) NOTICE AND HEARING.—The Secretary shall
not make a final determination that a State is not
eligible to receive a grant under this part until after
providing the State—
‘‘(A) with reasonable notice; and
‘‘(B) with an opportunity for a hearing.
‘‘(e) ASSISTANCE UNDER OTHER FEDERAL PRO-
GRAMS.—Nothing in this title permits a State to reduce
medical and other assistance available, or to alter eligi-
bility, under titles V and XIX of the Social Security Act
with respect to the provision of a free appropriate public
education for children with disabilities in the State.
‘‘(f) BY-PASS FOR CHILDREN IN PRIVATE SCHOOLS.—
‘‘(1) IN GENERAL.—If, on the date of enactment
of the Education of the Handicapped Act Amend-
ments of 1983, a State educational agency was pro-
hibited by law from providing for the equitable par-
ticipation in special programs of children with dis-
abilities enrolled in private elementary schools and
secondary 
schools 
as 
required 
by 
subsection
(a)(10)(A), or if the Secretary determines that a State
educational agency, local educational agency, or other
entity has substantially failed or is unwilling to pro-
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vide for such equitable participation, then the Sec-
retary shall, notwithstanding such provision of law,
arrange for the provision of services to such children
through arrangements which shall be subject to the re-
quirements of such subsection.
‘‘(2) PAYMENTS.—
‘‘(A) DETERMINATION OF AMOUNTS.—If the
Secretary arranges for services pursuant to this
subsection, the Secretary, after consultation with
the appropriate public and private school offi-
cials, shall pay to the provider of such services
for a fiscal year an amount per child that does
not exceed the amount determined by dividing—
‘‘(i) the total amount received by the
State under this part for such fiscal year;
by
‘‘(ii) the number of children with dis-
abilities served in the prior year, as re-
ported to the Secretary by the State under
section 618.
‘‘(B) 
WITHHOLDING
OF
CERTAIN
AMOUNTS.—Pending final resolution of any in-
vestigation or complaint that may result in a de-
termination under this subsection, the Secretary
may withhold from the allocation of the affected
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State educational agency the amount the Sec-
retary estimates will be necessary to pay the cost
of services described in subparagraph (A).
‘‘(C) PERIOD
OF
PAYMENTS.—The period
under which payments are made under subpara-
graph (A) shall continue until the Secretary de-
termines that there will no longer be any failure
or inability on the part of the State educational
agency to meet the requirements of subsection
(a)(10)(A).
‘‘(3) NOTICE AND HEARING.—
‘‘(A) IN GENERAL.—The Secretary shall not
take any final action under this subsection until
the State educational agency affected by such ac-
tion has had an opportunity, for at least 45 days
after receiving written notice thereof, to submit
written objections and to appear before the Sec-
retary or the Secretary’s designee to show cause
why such action should not be taken.
‘‘(B) REVIEW OF ACTION.—If a State edu-
cational agency is dissatisfied with the Sec-
retary’s final action after a proceeding under
subparagraph (A), such agency may, not later
than 60 days after notice of such action, file with
the United States court of appeals for the circuit
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in which such State is located a petition for re-
view of that action. A copy of the petition shall
be forthwith transmitted by the clerk of the court
to the Secretary. The Secretary thereupon shall
file in the court the record of the proceedings on
which the Secretary based the Secretary’s action,
as provided in section 2112 of title 28, United
States Code.
‘‘(C) REVIEW OF FINDINGS OF FACT.—The
findings of fact by the Secretary, if supported by
substantial evidence, shall be conclusive, but the
court, for good cause shown, may remand the
case to the Secretary to take further evidence,
and the Secretary may thereupon make new or
modified findings of fact and may modify the
Secretary’s previous action, and shall file in the
court the record of the further proceedings. Such
new or modified findings of fact shall likewise be
conclusive if supported by substantial evidence.
‘‘(D) JURISDICTION OF COURT OF APPEALS;
REVIEW BY UNITED STATES SUPREME COURT.—
Upon the filing of a petition under subpara-
graph (B), the United States court of appeals
shall have jurisdiction to affirm the action of the
Secretary or to set it aside, in whole or in part.
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The judgment of the court shall be subject to re-
view by the Supreme Court of the United States
upon certiorari or certification as provided in
section 1254 of title 28, United States Code.
‘‘SEC. 613. LOCAL EDUCATIONAL AGENCY ELIGIBILITY.
‘‘(a) IN GENERAL.—A local educational agency is eli-
gible for assistance under this part for a fiscal year if such
agency submits a plan that provides assurances to the State
educational agency that the local educational agency meets
each of the following conditions:
‘‘(1) CONSISTENCY WITH STATE POLICIES.—The
local educational agency, in providing for the edu-
cation of children with disabilities within its jurisdic-
tion, has in effect policies, procedures, and programs
that are consistent with the State policies and proce-
dures established under section 612.
‘‘(2) USE OF AMOUNTS.—
‘‘(A) IN
GENERAL.—Amounts provided to
the local educational agency under this part
shall be expended in accordance with the appli-
cable provisions of this part and—
‘‘(i) shall be used only to pay the excess
costs of providing special education and re-
lated services to children with disabilities;
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‘‘(ii) shall be used to supplement State,
local, and other Federal funds and not to
supplant such funds; and
‘‘(iii) shall not be used, except as pro-
vided in subparagraphs (B) and (C), to re-
duce the level of expenditures for the edu-
cation of children with disabilities made by
the local educational agency from local
funds below the level of those expenditures
for the preceding fiscal year.
‘‘(B) EXCEPTION.—Notwithstanding the re-
striction in subparagraph (A)(iii), a local edu-
cational agency may reduce the level of expendi-
tures where such reduction is attributable to—
‘‘(i) the voluntary departure, by retire-
ment or otherwise, or departure for just
cause, of special education personnel;
‘‘(ii) a decrease in the enrollment of
children with disabilities;
‘‘(iii) the termination of the obligation
of the agency, consistent with this part, to
provide a program of special education to a
particular child with a disability that is an
exceptionally costly program, as determined
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by the State educational agency, because the
child—
‘‘(I) has left the jurisdiction of the
agency;
‘‘(II) has reached the age at which
the obligation of the agency to provide
a free appropriate public education to
the child has terminated; or
‘‘(III) no longer needs such pro-
gram of special education; or
‘‘(iv) the termination of costly expendi-
tures for long-term purchases, such as the
acquisition of equipment or the construction
of school facilities.
‘‘(C) TREATMENT OF FEDERAL FUNDS IN
CERTAIN FISCAL YEARS.—
‘‘(i) 
PERCENT
RULE.—Notwith-
standing clauses (ii) and (iii) of subpara-
graph (A), a local educational agency may
treat as local funds, for the purposes of such
clauses, not more than 8 percent of the
amount of funds the local educational agen-
cy receives under this part.
‘‘(ii) 40 
PERCENT
RULE.—Notwith-
standing clauses (ii) and (iii) of subpara-
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graph (A), for any fiscal year for which
States are allocated the maximum amount
of grants pursuant to section 611(a)(2), a
local educational agency may treat as local
funds, for the purposes of such clauses, not
more than 40 percent of the amount of
funds the local educational agency receives
under this part, subject to clause (iv).
‘‘(iii) 
EARLY
INTERVENING
SERV-
ICES.—
‘‘(I) 8 PERCENT RULE.—If a local
educational agency exercises authority
pursuant to clause (i), the 8 percent
funds shall be counted toward the per-
centage and amount of funds that may
be used to provide early intervening
educational services pursuant to sub-
section (f).
‘‘(II) 40 PERCENT
RULE.—If a
local educational agency exercises au-
thority pursuant to clause (ii), the
local educational agency shall use an
amount of the 40 percent funds from
clause (ii) that represents 15 percent of
the total amount of funds the local edu-
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cational agency receives under this
part, to provide early intervening edu-
cational services pursuant to subsection
(f).
‘‘(iv) SPECIAL
RULE.—Funds treated
as local funds pursuant to clause (i) or (ii)
may be considered non-Federal or local
funds for the purposes of—
‘‘(I) clauses (ii) and (iii) of sub-
paragraph (A); and
‘‘(II) the provision of the local
share of costs for title XIX of the Social
Security Act.
‘‘(v) REPORT.—For each fiscal year in
which a local educational agency exercises
its authority pursuant to this subparagraph
and treats Federal funds as local funds, the
local educational agency shall report to the
State educational agency the amount of
funds so treated and the activities that were
funded with such funds.
‘‘(D) SCHOOLWIDE PROGRAMS UNDER TITLE
I OF THE ESEA.—Notwithstanding subparagraph
(A) or any other provision of this part, a local
educational agency may use funds received under
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this part for any fiscal year to carry out a
schoolwide program under section 1114 of the
Elementary and Secondary Education Act of
1965, except that the amount so used in any
such program shall not exceed—
‘‘(i) the number of children with dis-
abilities participating in the schoolwide
program; multiplied by
‘‘(ii)(I) the amount received by the
local educational agency under this part for
that fiscal year; divided by
‘‘(II) the number of children with dis-
abilities in the jurisdiction of that agency.
‘‘(3) PERSONNEL DEVELOPMENT.—The local edu-
cational agency shall ensure that all personnel nec-
essary to carry out this part are appropriately and
adequately prepared, consistent with the requirements
of section 612(a)(14) of this Act and section 2122 of
the Elementary and Secondary Education Act of
1965.
‘‘(4) PERMISSIVE USE OF FUNDS.—
‘‘(A) USES.—Notwithstanding paragraph
(2)(A) or section 612(a)(17)(B) (relating to com-
mingled funds), funds provided to the local edu-
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cational agency under this part may be used for
the following activities:
‘‘(i) SERVICES AND AIDS THAT ALSO
BENEFIT
NONDISABLED
CHILDREN.—For
the costs of special education and related
services, and supplementary aids and serv-
ices, provided in a regular class or other
education-related setting to a child with a
disability in accordance with the individ-
ualized education program of the child, even
if 1 or more nondisabled children benefit
from such services.
‘‘(ii) EARLY INTERVENING SERVICES.—
To develop and implement coordinated,
early intervening educational services in ac-
cordance with subsection (f).
‘‘(B) 
ADMINISTRATIVE
CASE
MANAGE-
MENT.—A local educational agency may use
funds received under this part to purchase ap-
propriate technology for recordkeeping, data col-
lection, and related case management activities
of teachers and related services personnel pro-
viding services described in the individualized
education program of children with disabilities,
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that is needed for the implementation of such
case management activities.
‘‘(5) TREATMENT
OF
CHARTER
SCHOOLS
AND
THEIR STUDENTS.—In carrying out this part with re-
spect to charter schools that are public schools of the
local educational agency, the local educational
agency—
‘‘(A) serves children with disabilities at-
tending those charter schools in the same manner
as the local educational agency serves children
with disabilities in its other schools, including
providing supplementary and related services on
site at the charter school to the same extent to
which the local educational agency has a policy
or practice of providing such services on the site
to its other public schools; and
‘‘(B) provides funds under this part to those
charter schools on the same basis, including pro-
portional distribution based on relative enroll-
ment of children with disabilities, and at the
same time, as the local educational agency dis-
tributes State, local, or a combination of State
and local, funds to those charter schools under
the State’s charter school law.
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‘‘(6) PURCHASE
OF
INSTRUCTIONAL
MATE-
RIALS.—Not later than 2 years after the date of en-
actment of the Individuals with Disabilities Edu-
cation Improvement Act of 2004, a local educational
agency, when purchasing print instructional mate-
rials, acquires these instructional materials in the
same manner as a State educational agency described
in section 612(a)(22).
‘‘(7) INFORMATION
FOR
STATE
EDUCATIONAL
AGENCY.—The local educational agency shall provide
the State educational agency with information nec-
essary to enable the State educational agency to carry
out its duties under this part, including, with respect
to paragraphs (15) and (16) of section 612(a), infor-
mation relating to the performance of children with
disabilities participating in programs carried out
under this part.
‘‘(8) PUBLIC
INFORMATION.—The local edu-
cational agency shall make available to parents of
children with disabilities and to the general public all
documents relating to the eligibility of such agency
under this part.
‘‘(9) RECORDS
REGARDING
MIGRATORY
CHIL-
DREN
WITH
DISABILITIES.—The local educational
agency shall cooperate in the Secretary’s efforts under
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section 1308 of the Elementary and Secondary Edu-
cation Act of 1965 (20 U.S.C. 6398) to ensure the
linkage of records pertaining to migratory children
with a disability for the purpose of electronically ex-
changing, among the States, health and educational
information regarding such children.
‘‘(b) EXCEPTION FOR PRIOR LOCAL PLANS.—
‘‘(1) IN GENERAL.—If a local educational agency
or State agency has on file with the State educational
agency policies and procedures that demonstrate that
such local educational agency, or such State agency,
as the case may be, meets any requirement of sub-
section (a), including any policies and procedures
filed under this part as in effect before the effective
date of the Individuals with Disabilities Education
Improvement Act of 2004, the State educational agen-
cy shall consider such local educational agency or
State agency, as the case may be, to have met such
requirement for purposes of receiving assistance under
this part.
‘‘(2) MODIFICATION
MADE
BY
LOCAL
EDU-
CATIONAL AGENCY.—Subject to paragraph (3), an ap-
plication submitted by a local educational agency in
accordance with this section shall remain in effect
until the local educational agency submits to the
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State educational agency such modifications as the
local educational agency determines necessary.
‘‘(3) MODIFICATIONS REQUIRED BY STATE EDU-
CATIONAL AGENCY.—If, after the effective date of the
Individuals with Disabilities Education Improvement
Act of 2004, the provisions of this Act are amended
(or the regulations developed to carry out this Act are
amended), there is a new interpretation of this Act by
Federal or State courts, or there is an official finding
of noncompliance with Federal or State law or regu-
lations, then the State educational agency may re-
quire a local educational agency to modify its appli-
cation only to the extent necessary to ensure the local
educational agency’s compliance with this part or
State law.
‘‘(c) NOTIFICATION OF LOCAL EDUCATIONAL AGENCY
OR STATE AGENCY IN CASE OF INELIGIBILITY.—If the
State educational agency determines that a local edu-
cational agency or State agency is not eligible under this
section, then the State educational agency shall notify the
local educational agency or State agency, as the case may
be, of that determination and shall provide such local edu-
cational agency or State agency with reasonable notice and
an opportunity for a hearing.
‘‘(d) LOCAL EDUCATIONAL AGENCY COMPLIANCE.—
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‘‘(1) IN
GENERAL.—If the State educational
agency, after reasonable notice and an opportunity
for a hearing, finds that a local educational agency
or State agency that has been determined to be eligi-
ble under this section is failing to comply with any
requirement described in subsection (a), the State
educational agency shall reduce or shall not provide
any further payments to the local educational agency
or State agency until the State educational agency is
satisfied that the local educational agency or State
agency, as the case may be, is complying with that
requirement.
‘‘(2) ADDITIONAL
REQUIREMENT.—Any State
agency or local educational agency in receipt of a no-
tice described in paragraph (1) shall, by means of
public notice, take such measures as may be necessary
to bring the pendency of an action pursuant to this
subsection to the attention of the public within the ju-
risdiction of such agency.
‘‘(3) CONSIDERATION.—In carrying out its re-
sponsibilities under paragraph (1), the State edu-
cational agency shall consider any decision made in
a hearing held under section 615 that is adverse to
the local educational agency or State agency involved
in that decision.
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‘‘(e) JOINT ESTABLISHMENT OF ELIGIBILITY.—
‘‘(1) JOINT ESTABLISHMENT.—
‘‘(A) IN
GENERAL.—A State educational
agency may require a local educational agency
to establish its eligibility jointly with another
local educational agency if the State educational
agency determines that the local educational
agency will be ineligible under this section be-
cause the local educational agency will not be
able to establish and maintain programs of suffi-
cient size and scope to effectively meet the needs
of children with disabilities.
‘‘(B) CHARTER
SCHOOL
EXCEPTION.—A
State educational agency may not require a
charter school that is a local educational agency
to jointly establish its eligibility under subpara-
graph (A) unless the charter school is explicitly
permitted to do so under the State’s charter
school law.
‘‘(2) AMOUNT OF PAYMENTS.—If a State edu-
cational agency requires the joint establishment of eli-
gibility under paragraph (1), the total amount of
funds made available to the affected local educational
agencies shall be equal to the sum of the payments
that each such local educational agency would have
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received under section 611(f) if such agencies were eli-
gible for such payments.
‘‘(3) REQUIREMENTS.—Local educational agen-
cies that establish joint eligibility under this sub-
section shall—
‘‘(A) adopt policies and procedures that are
consistent with the State’s policies and proce-
dures under section 612(a); and
‘‘(B) be jointly responsible for implementing
programs that receive assistance under this part.
‘‘(4) REQUIREMENTS FOR EDUCATIONAL SERVICE
AGENCIES.—
‘‘(A) IN GENERAL.—If an educational serv-
ice agency is required by State law to carry out
programs under this part, the joint responsibil-
ities given to local educational agencies under
this subsection shall—
‘‘(i) not apply to the administration
and disbursement of any payments received
by that educational service agency; and
‘‘(ii) be carried out only by that edu-
cational service agency.
‘‘(B) 
ADDITIONAL
REQUIREMENT.—Not-
withstanding any other provision of this sub-
section, an educational service agency shall pro-
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vide for the education of children with disabil-
ities in the least restrictive environment, as re-
quired by section 612(a)(5).
‘‘(f) EARLY INTERVENING SERVICES.—
‘‘(1) IN GENERAL.—A local educational agency
may not use more than 15 percent of the amount such
agency receives under this part for any fiscal year,
less any amount treated as local funds pursuant to
subsection (a)(2)(C), if any, in combination with
other amounts (which may include amounts other
than education funds), to develop and implement co-
ordinated, early intervening services, which may in-
clude interagency financing structures, for students in
kindergarten through grade 12 (with a particular em-
phasis on students in kindergarten through grade 3)
who do not meet the definition of a child with a dis-
ability under section 602(3) but who need additional
academic and behavioral support to succeed in a gen-
eral education environment.
‘‘(2) ACTIVITIES.—In implementing coordinated,
early intervening services under this subsection, a
local educational agency may carry out activities that
include—
‘‘(A) professional development (which may
be provided by entities other than local edu-
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cational agencies) for teachers and other school
staff to enable such personnel to deliver scientif-
ically based academic and behavioral interven-
tions, including scientifically based literacy in-
struction, and, where appropriate, instruction on
the use of adaptive and instructional software;
‘‘(B) providing educational and behavioral
evaluations, services, and supports, including
scientifically based literacy instruction; and
‘‘(C) developing and implementing inter-
agency financing structures for the provision of
such services and supports.
‘‘(3) CONSTRUCTION.—Nothing in this subsection
shall be construed to either limit or create a right to
a free appropriate public education under this part.
‘‘(4) REPORTING.—Each local educational agen-
cy that develops and maintains coordinated, early in-
tervening services with funds made available for this
subsection, shall annually report to the State edu-
cational agency on—
‘‘(A) the number of children served under
this subsection; and
‘‘(B) the number of children served under
this subsection who are subsequently referred to
special education.
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‘‘(5) COORDINATION
WITH
CERTAIN
PROJECTS
UNDER
ELEMENTARY
AND
SECONDARY
EDUCATION
ACT OF 1965.—Funds made available to carry out this
subsection may be used to carry out coordinated,
early intervening services aligned with activities
funded by, and carried out under, the Elementary
and Secondary Education Act of 1965 if such funds
are used to supplement, and not supplant, funds
made available under the Elementary and Secondary
Education Act of 1965 for the activities and services
assisted under this subsection.
‘‘(6) REPORT TO CONGRESS.—Not later than 1
year after the date of enactment of the Individuals
with Disabilities Education Improvement Act of
2004, the Comptroller General shall conduct a study
on the types of services provided to children served
under this subsection, and shall submit a report to
Congress regarding the study.
‘‘(g) DIRECT SERVICES BY THE STATE EDUCATIONAL
AGENCY.—
‘‘(1) IN GENERAL.—A State educational agency
shall use the payments that would otherwise have been
available to a local educational agency or to a State
agency to provide special education and related serv-
ices directly to children with disabilities residing in
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the area served by that local educational agency, or
for whom that State agency is responsible, if the State
educational agency determines that the local edu-
cational agency or State agency, as the case may be—
‘‘(A) has not provided the information need-
ed to establish the eligibility of such agency
under this section;
‘‘(B) is unable to establish and maintain
programs of free appropriate public education
that meet the requirements of subsection (a);
‘‘(C) is unable or unwilling to be consoli-
dated with 1 or more local educational agencies
in order to establish and maintain such pro-
grams; or
‘‘(D) has 1 or more children with disabil-
ities who can best be served by a regional or
State program or service delivery system de-
signed to meet the needs of such children.
‘‘(2) MANNER AND LOCATION OF EDUCATION AND
SERVICES.—The State educational agency may pro-
vide special education and related services under
paragraph (1) in such manner and at such locations
(including regional or State centers) as the State
agency considers appropriate. Such education and
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services shall be provided in accordance with this
part.
‘‘(h) STATE AGENCY ELIGIBILITY.—Any State agency
that desires to receive a subgrant for any fiscal year under
section 611(f) shall demonstrate to the satisfaction of the
State educational agency that—
‘‘(1) all children with disabilities who are par-
ticipating in programs and projects funded under this
part receive a free appropriate public education, and
that those children and their parents are provided all
the rights and procedural safeguards described in this
part; and
‘‘(2) the agency meets such other conditions of
this section as the Secretary determines to be appro-
priate.
‘‘(i) DISCIPLINARY INFORMATION.—The State may re-
quire that a local educational agency include in the records
of a child with a disability a statement of any current or
previous disciplinary action that has been taken against the
child and transmit such statement to the same extent that
such disciplinary information is included in, and trans-
mitted with, the student records of nondisabled children.
The statement may include a description of any behavior
engaged in by the child that required disciplinary action,
a description of the disciplinary action taken, and any
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other information that is relevant to the safety of the child
and other individuals involved with the child. If the State
adopts such a policy, and the child transfers from 1 school
to another, the transmission of any of the child’s records
shall include both the child’s current individualized edu-
cation program and any such statement of current or pre-
vious disciplinary action that has been taken against the
child.
‘‘(j) STATE AGENCY FLEXIBILITY.—
‘‘(1) TREATMENT OF FEDERAL FUNDS IN CER-
TAIN FISCAL YEARS.—If a State educational agency
pays or reimburses local educational agencies within
the State for not less than 80 percent of the non-Fed-
eral share of the costs of special education and related
services, or the State is the sole provider of free ap-
propriate public education or direct services pursuant
to section 612(b), then the State educational agency,
notwithstanding sections 612(a) (17) and (18) and
612(b), may treat funds allocated pursuant to section
611 as general funds available to support the edu-
cational purposes described in paragraph (2) (A) and
(B).
‘‘(2) CONDITIONS.—A State educational agency
may use funds in accordance with paragraph (1) sub-
ject to the following conditions:
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‘‘(A) 8 PERCENT
RULE.—A State edu-
cational agency may treat not more than 8 per-
cent of the funds the State educational agency re-
ceives under this part as general funds to sup-
port any educational purpose described in the
Elementary and Secondary Education Act of
1965, needs-based student or teacher higher edu-
cation programs, or the non-Federal share of
costs of title XIX of the Social Security Act.
‘‘(B) 40 PERCENT RULE.—For any fiscal
year for which States are allocated the maximum
amount of grants pursuant to section 611(a)(2),
a State educational agency may treat not more
than 40 percent of the amount of funds the State
educational agency receives under this part as
general funds to support any educational pur-
pose described in the Elementary and Secondary
Education Act of 1965, needs-based student or
teacher higher education programs, or the non-
Federal share of costs of title XIX of the Social
Security Act, subject to subparagraph (C).
‘‘(C) REQUIREMENT.—A State educational
agency may exercise its authority pursuant to
subparagraph (B) only if the State educational
agency uses an amount of the 40 percent funds
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from subparagraph (B) that represents 15 per-
cent of the total amount of funds the State edu-
cational agency receives under this part, to pro-
vide, or to pay or reimburse local educational
agencies for providing, early intervening services
pursuant to subsection (f).
‘‘(2) PROHIBITION.—Notwithstanding subsection
(a), if the Secretary determines that a State edu-
cational agency is unable to establish, maintain, or
oversee programs of free appropriate public education
that meet the requirements of this part, then the Sec-
retary shall prohibit the State educational agency
from treating funds allocated under this part as gen-
eral funds pursuant to paragraph (1).
‘‘(3) REPORT.—For each fiscal year for which a
State educational agency exercises its authority pur-
suant to paragraph (1) and treats Federal funds as
general funds, the State educational agency shall re-
port to the Secretary the amount of funds so treated
and the activities that were funded with such funds.
‘‘SEC. 614. EVALUATIONS, ELIGIBILITY DETERMINATIONS,
INDIVIDUALIZED 
EDUCATION 
PROGRAMS,
AND EDUCATIONAL PLACEMENTS.
‘‘(a) EVALUATIONS AND REEVALUATIONS.—
‘‘(1) INITIAL EVALUATIONS.—
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‘‘(A) IN
GENERAL.—A State educational
agency, other State agency, or local educational
agency shall conduct a full and individual ini-
tial evaluation in accordance with this para-
graph and subsection (b), before the initial pro-
vision of special education and related services to
a child with a disability under this part.
‘‘(B) REQUEST FOR INITIAL EVALUATION.—
Consistent with subparagraph (D), either a par-
ent of a child, or a State educational agency,
other State agency, or local educational agency
may initiate a request for an initial evaluation
to determine if the child is a child with a dis-
ability.
‘‘(C) PROCEDURES.—Such initial evalua-
tion shall consist of procedures—
‘‘(i) to determine whether a child is a
child with a disability (as defined in sec-
tion 602(3)) within 60 days of receiving pa-
rental consent for the evaluation, or, if the
State has established a timeframe within
which the evaluation must be conducted,
within such timeframe; and
‘‘(ii) to determine the educational
needs of such child.
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‘‘(D) PARENTAL CONSENT.—
‘‘(i) IN
GENERAL.—The agency pro-
posing to conduct an initial evaluation to
determine if the child qualifies as a child
with a disability as defined in section
602(3) (A) or (B) shall obtain an informed
consent from the parent of such child before
the evaluation is conducted. Parental con-
sent for evaluation shall not be construed as
consent for placement for receipt of special
education and related services.
‘‘(ii) REFUSAL.—If the parents of such
child refuse consent for the evaluation, the
agency may continue to pursue an evalua-
tion by utilizing the mediation and due
process procedures under section 615, except
to the extent inconsistent with State law re-
lating to parental consent.
‘‘(iii) REFUSAL OR FAILURE TO CON-
SENT.—If the parent of a child does not
provide informed consent to the receipt of
special education and related services, or
the parent fails to respond to a request to
provide the consent, the local educational
agency shall not be considered to be in vio-
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lation of the requirement to make available
a free appropriate public education to the
child for the failure to provide the special
education and related services for which the
local educational agency requests such in-
formed consent.
‘‘(iv) EXCEPTION FOR WARDS OF THE
STATE.—The agency shall not be required to
obtain an informed consent from the par-
ents of a child for an initial evaluation to
determine whether the child is a child with
a disability if such child is a ward of the
State and is not residing with the child’s
parent and consent has been given by an
individual who has appropriate knowledge
of the child’s educational needs, including
the judge appointed to the child’s case or the
child’s attorney, guardian ad litem, or court
appointed special advocate.
‘‘(2) REEVALUATIONS.—
‘‘(A) IN
GENERAL.—A local educational
agency shall ensure that a reevaluation of each
child with a disability is conducted in accord-
ance with subsections (b) and (c)—
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‘‘(i) if the local educational agency de-
termines that the educational or related
services needs, including improved academic
achievement and functional performance, of
the child warrant a reevaluation; or
‘‘(ii) if the child’s parents or teacher
requests a reevaluation.
‘‘(B) LIMITATION.—A reevaluation con-
ducted under subparagraph (A) shall occur—
‘‘(i) not more than once a year, unless
the parent and the local educational agency
agree otherwise; and
‘‘(ii) at least once every 3 years, unless
the parent and the local educational agency
agree that a reevaluation is unnecessary.
‘‘(b) EVALUATION PROCEDURES.—
‘‘(1) NOTICE.—The local educational agency
shall provide notice to the parents of a child with a
disability, in accordance with subsections (b)(3),
(b)(4), and (c) of section 615, that describes any eval-
uation procedures such agency proposes to conduct.
‘‘(2) CONDUCT OF EVALUATION.—In conducting
the evaluation, the local educational agency shall—
‘‘(A) use a variety of assessment tools and
strategies to gather relevant functional, develop-
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mental, and academic information, including in-
formation provided by the parent, that may as-
sist in determining—
‘‘(i) whether the child is a child with
a disability; and
‘‘(ii) the content of the child’s individ-
ualized education program, including infor-
mation related to enabling the child to be
involved in and progress in the general cur-
riculum, or for preschool children, to par-
ticipate in appropriate activities;
‘‘(B) not use any single procedure, measure,
or assessment as the sole criterion for deter-
mining whether a child is a child with a dis-
ability or determining an appropriate edu-
cational program for the child; and
‘‘(C) use technically sound instruments that
may assess the relative contribution of cognitive
and behavioral factors, in addition to physical
or developmental factors.
‘‘(3) ADDITIONAL
REQUIREMENTS.—Each local
educational agency shall ensure that—
‘‘(A) tests and other evaluation materials
used to assess a child under this section—
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‘‘(11) Parents, teachers, administrators, and re-
lated services personnel need technical assistance and
information in a timely, coordinated, and accessible
manner in order to improve early intervention, edu-
cational, and transitional services and results at the
State and local levels for children with disabilities
and their families.
‘‘(12) Parent training and information activities
assist parents of a child with a disability in dealing
with the multiple pressures of parenting such a child
and are of particular importance in—
‘‘(A) playing a vital role in creating and
preserving constructive relationships between
parents of children with disabilities and schools
by facilitating open communication between the
parents and schools; encouraging dispute resolu-
tion at the earliest possible point in time; and
discouraging the escalation of an adversarial
process between the parents and schools;
‘‘(B) ensuring the involvement of parents in
planning and decisionmaking with respect to
early intervention, educational, and transitional
services;
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‘‘(C) achieving high quality early interven-
tion, educational, and transitional results for
children with disabilities;
‘‘(D) providing such parents information on
their rights, protections, and responsibilities
under this Act to ensure improved early inter-
vention, educational, and transitional results for
children with disabilities;
‘‘(E) assisting such parents in the develop-
ment of skills to participate effectively in the
education and development of their children and
in the transitions described in section 673(b)(6);
‘‘(F) supporting the roles of such parents as
participants within partnerships seeking to im-
prove early intervention, educational, and tran-
sitional services and results for children with
disabilities and their families; and
‘‘(G) supporting such parents who may
have limited access to services and supports, due
to economic, cultural, or linguistic barriers.
‘‘(13) Support is needed to improve technological
resources and integrate technology, including univer-
sally designed technologies, into the lives of children
with disabilities, parents of children with disabilities,