this part are appropriately and adequately pre-
pared and trained. 
‘‘(B) STANDARDS DESCRIBED.—Such stand-
ards shall—
‘‘(i) ensure that special education 
teachers who teach in core academic subjects 
are highly qualified in those subjects; 
‘‘(ii) be consistent with any State-ap-
proved or State-recognized certification, li-
censing, registration, or other comparable 
requirements that apply to the professional 
discipline in which those personnel are pro-
viding special education or related services 
in order to ensure that such individuals are 
qualified to provide such services; and 
‘‘(iii) allow paraprofessionals and as-
sistants who are appropriately trained and 
supervised, in accordance with State law, 
regulations, or written policy, in meeting 
the requirements of this part to be used to 
assist in the provision of special education 
and related services to children with disabil-
ities under this part.
‘‘(C) INNOVATIVE STRATEGIES FOR PROFES-
SIONAL DEVELOPMENT.—The State educational
agency encourages the development and use of re-
search-based innovative strategies, such as strate-
gies using technology, peer networks, and dis-
tance learning, to deliver intensive professional 
development programs for special and regular 
education teachers, administrators, principals, 
and related services personnel that—
‘‘(i) improve educational results for 
students with disabilities; and 
‘‘(ii) are both cost-effective and easily 
accessible. 
‘‘(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 dropout rates, as well as 
such other factors as the State may deter-
mine; and 
‘‘(iv) are consistent, to the extent ap-
propriate, with any other goals and stand-
ards for children established by the State; 
‘‘(B) has established performance indicators 
the State will use to assess progress toward 
achieving those goals described in subparagraph 
(A), including measurable annual objectives for 
progress by children with disabilities under sec-
tion 1111(b)(2)(C) of the Elementary and Sec-
ondary Education Act of 1965; and 
‘‘(C) will annually report to the Secretary 
and the public on the progress of the State, and 
of children with disabilities in the State, toward 
meeting the goals established under subpara-
graph (A), which may include elements of the re-
ports required under section 1111(h) of the Ele-
mentary and Secondary Education Act of 1965. 
‘‘(16) PARTICIPATION IN ASSESSMENTS.—
‘‘(A) IN GENERAL.—(i) All children with 
disabilities are included in all general State and 
district-wide assessment programs, including as-
sessments described under title I of the Elemen-
tary and Secondary Education Act of 1965, with 
appropriate accommodations, where necessary 
and as indicated in their respective individual-
ized education programs. 
‘‘(ii) The State (or, in the case of a district-
wide assessment, the local educational agency) 
has developed and implemented guidelines for the 
provision of accommodations described in clause 
(i). 
‘‘(iii) The State (or, in the case of a dis-
trict-wide assessment the local educational agen-
cy)—
‘‘(I) has developed and implemented 
guidelines for the participation of children 
with disabilities in alternate assessments for 
those children who cannot participate in 
regular assessments under clause (i); and 
‘‘(II) conducts those alternate assess-
ments. 
‘‘(B) REPORTS.—The State educational 
agency (or, in the case of a district-wide assess-
ment, the local educational agency) makes 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. 
‘‘(iii) 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 would not reveal person-
ally identifiable information about an indi-
vidual student), compared with the achieve-
ment of all children, including children 
with disabilities, on those assessments. 
‘‘(17) DISPUTE RESOLUTION.—The State has in 
effect systems of mediation and voluntary binding ar-
bitration pursuant to section 615(e).
‘‘(18) SUPPLEMENTATION OF STATE, LOCAL, AND 
OTHER FEDERAL FUNDS.—
‘‘(A) EXPENDITURES.—Funds paid to a 
State under this part will be expended in accord-
ance with all the provisions of this part. 
‘‘(B) 
PROHIBITION
AGAINST
COMMIN-
GLING.—Funds paid to a State under this part 
will not be commingled with State funds. 
‘‘(C) PROHIBITION AGAINST 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. 
‘‘(19) MAINTENANCE OF STATE FINANCIAL SUP-
PORT.—
‘‘(A) IN GENERAL.—The State does not re-
duce the amount of State financial support for 
special education and related services for chil-
dren with disabilities, or otherwise made avail-
able because of the excess costs of educating those 
children, below the amount of that 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 one fiscal year at a time, if the 
Secretary determines that—
‘‘(i) granting a waiver would be equi-
table due to exceptional or uncontrollable
circumstances such as a natural disaster or 
a precipitous and unforeseen decline in the 
financial resources of the State; or 
‘‘(ii) the State meets the standard in 
paragraph (18)(C) of this section for a 
waiver of the requirement to supplement, 
and not to supplant, funds received under 
this part. 
‘‘(D) SUBSEQUENT
YEARS.—If, for any 
year, a State fails to meet the requirement of 
subparagraph (A), including any year for which 
the State is granted a waiver under subpara-
graph (C), the financial support required of the 
State in future years under subparagraph (A) 
shall be the amount that would have been re-
quired in the absence of that failure and not the 
reduced level of the State’s support. 
‘‘(20) PUBLIC
PARTICIPATION.—Prior to the 
adoption of any policies and procedures needed to 
comply with this section (including any amendments 
to such policies and procedures), the State ensures 
that there are public hearings, adequate notice of the 
hearings, and an opportunity for comment available 
to the general public, including individuals with dis-
abilities and parents of children with disabilities.
‘‘(21) STATE ADVISORY PANEL.—
‘‘(A) IN
GENERAL.—The State has estab-
lished and maintains an advisory panel for the 
purpose of providing policy guidance with re-
spect to special education and related services for 
children with disabilities in the State. 
‘‘(B) MEMBERSHIP.—Such advisory panel 
shall consist of members appointed by the Gov-
ernor, or any other official authorized under 
State law to make such appointments, that is 
representative of the State population and that 
is composed of individuals involved in, or con-
cerned with, the education of children with dis-
abilities, including—
‘‘(i) parents of children with disabil-
ities (ages birth through 26); 
‘‘(ii) individuals with disabilities; 
‘‘(iii) teachers; 
‘‘(iv) representatives of institutions of 
higher education that prepare special edu-
cation and related services personnel; 
‘‘(v) State and local education officials; 
‘‘(vi) administrators of programs for 
children with disabilities;
‘‘(vii) representatives of other State 
agencies involved in the financing or deliv-
ery of related services to children with dis-
abilities; 
‘‘(viii) 
representatives 
of 
private 
schools and public charter schools; 
‘‘(ix) at least one representative of a 
vocational, community, or business organi-
zation concerned with the provision of tran-
sition services to children with disabilities; 
and 
‘‘(x) representatives from the State ju-
venile and adult corrections agencies. 
‘‘(C) SPECIAL
RULE.—A majority of the 
members of the panel shall be individuals with 
disabilities or parents of children with disabil-
ities ages birth through 26. 
‘‘(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. 
‘‘(22) SUSPENSION AND EXPULSION RATES.—
‘‘(A) IN GENERAL.—The State educational 
agency 
examines 
data, 
including 
data 
disaggregated by race and ethnicity, 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 positive 
behavioral interventions and supports, and pro-
cedural safeguards, to ensure that such policies, 
procedures, and practices comply with this Act.’’. 
(4) Section 612(a) of the Individuals with Disabilities 
Education Act (20 U.S.C. 1412(a)(13)–(22)) is amended by 
adding at the end the following: 
‘‘(23) INSTRUCTIONAL MATERIALS.—
‘‘(A) IN GENERAL.—The State adopts the 
national instructional materials accessibility 
standard for the purposes of providing instruc-
tional materials to blind persons or other persons 
with print disabilities in a timely manner after 
the publication of the standard by the Secretary 
in the Federal Register.
‘‘(B) PURCHASE REQUIREMENT.—Not later 
than 2 years after the date of the enactment of 
the Improving Education Results for Children 
With Disabilities Act of 2003, the State edu-
cational agency, when purchasing instructional 
materials for use in public elementary and sec-
ondary schools within the State, requires the 
publisher of the instructional materials, as a 
part of any purchase agreement that is made, re-
newed, or revised, to prepare and supply elec-
tronic files containing the contents of the in-
structional materials using the national instruc-
tional materials accessibility standard. 
‘‘(C) DEFINITION.—For purposes of this 
paragraph, the term ‘instructional materials’ 
means printed textbooks and related core mate-
rials that are written and published primarily 
for use in elementary school and secondary 
school instruction and are required by a State 
educational agency or local educational agency 
for use by pupils in the classroom. 
‘‘(24) 
OVERIDENTIFICATION
AND 
DISPROPORTIONALITY.—The State has in effect, con-
sistent with the purposes of this Act and with section 
618, policies and procedures designed to prevent the 
overidentification or disproportionate representation 
by race and ethnicity of children as children with dis-
abilities, including the identification of children as 
children with disabilities in accordance with a par-
ticular impairment described in section 602(3).
‘‘(25) PROHIBITION ON PSYCHOTROPIC MEDICA-
TION.—The State educational agency develops and 
implements policies and procedures prohibiting school 
personnel from requiring a child to obtain a prescrip-
tion for substances covered by section 202(c) of the 
Controlled Substances Act (21 U.S.C. 812(c)) as a 
condition of attending school or receiving services.’’. 
(b) STATE EDUCATIONAL AGENCY AS PROVIDER OF 
FREE APPROPRIATE PUBLIC EDUCATION OR DIRECT SERV-
ICES.—Section 612(b) of the Individuals with Disabilities 
Education Act (20 U.S.C. 1412(b)) is amended to read as 
follows: 
‘‘(b) STATE EDUCATIONAL AGENCY AS PROVIDER OF 
FREE APPROPRIATE PUBLIC EDUCATION OR DIRECT 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.—Section 
612(c) of the Individuals with Disabilities Education Act 
(20 U.S.C. 1412(c)) is amended to read as follows: 
‘‘(c) EXCEPTION FOR PRIOR STATE PLANS.—
‘‘(1) IN GENERAL.—If a State has on file with 
the Secretary policies and procedures that dem-
onstrate that such State meets any requirement of 
subsection (a), including any policies and procedures 
filed under this part as in effect before the effective 
date of the Improving Education Results for Children 
With Disabilities Act of 2003, the Secretary shall con-
sider 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 deems necessary. This sec-
tion shall apply to a modification to an application 
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 Improving 
Education Results for Children With Disabilities Act 
of 2003, the provisions of this Act are amended (or
the regulations developed to carry out this Act are 
amended), or there is a new interpretation of this Act 
by a Federal court or a State’s highest court, or there 
is an official finding of noncompliance with Federal 
law or regulations, the Secretary may require a State 
to modify its application only to the extent necessary 
to ensure the State’s compliance with this part.’’. 
(d) APPROVAL BY THE SECRETARY.—Section 612(d) 
of the Individuals with Disabilities Education Act (20 
U.S.C. 1412(d)) is amended to read as follows: 
‘‘(d) APPROVAL BY THE SECRETARY.—
‘‘(1) IN GENERAL.—If the Secretary determines 
that a State is eligible to receive a grant under this 
part, the Secretary shall notify the State of that 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.—Section 612(e) of the Individuals with Disabilities 
Education Act (20 U.S.C. 1412(e)) is amended to read as 
follows:
‘‘(e) ASSISTANCE UNDER OTHER FEDERAL PRO-
GRAMS.—Nothing in this title permits a State to reduce 
medical and other assistance available, or to alter eligi-
bility, under titles V and XIX of the Social Security Act 
with respect to the provision of a free appropriate public 
education for children with disabilities in the State.’’. 
SEC. 203. LOCAL EDUCATIONAL AGENCY ELIGIBILITY. 
Section 613 of the Individuals with Disabilities Edu-
cation Act (20 U.S.C. 1413) is amended to read as follows: 
‘‘SEC. 613. LOCAL EDUCATIONAL AGENCY ELIGIBILITY. 
‘‘(a) IN GENERAL.—A local educational agency is eli-
gible for assistance under this part for a fiscal year if such 
agency reasonably demonstrates to the State educational 
agency that it 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; 
‘‘(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 
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) Notwithstanding clauses (ii) and 
(iii) of subparagraph (A), for any fiscal 
year for which amounts appropriated to 
carry 
out 
section 
611 
exceeds 
$4,100,000,000, a local educational agency 
may treat as local funds, for the purpose of 
such clauses, up to 20 percent of the amount
of funds it receives under this part that ex-
ceeds the amount it received under this part 
for the previous fiscal year. 
‘‘(ii) If a local educational agency 
chooses to use the authority under clause (i), 
then the agency shall use those local funds 
to provide additional funding for programs 
under the Elementary and Secondary Edu-
cation Act of 1965, including, but not lim-
ited to, programs that address student 
achievement, comprehensive school reform, 
literacy, teacher quality and professional 
development, school safety, before- and after- 
school learning opportunities. 
‘‘(iii) Notwithstanding clause (i), if a 
State educational agency determines that a 
local educational agency is unable to estab-
lish and maintain programs of free appro-
priate public education that meet the re-
quirements of subsection (a), the State edu-
cational agency shall prohibit the local edu-
cational agency from treating funds re-
ceived under this part as local funds under 
clause (i) for that fiscal year, but only if it
is authorized to do so by the State constitu-
tion or a State statute. 
‘‘(D) SCHOOLWIDE PROGRAMS UNDER TITLE 
I OF THE ESEA.—Notwithstanding subparagraph 
(A) or any other provision of this part, a local 
educational agency may use funds received under 
this part for any fiscal year to carry out a 
schoolwide program under section 1114 of the 
Elementary and Secondary 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 of this Act and section 1119 of the Ele-
mentary and Secondary Education Act of 1965.
‘‘(4) PERMISSIVE
USE
OF
FUNDS.—Notwith-
standing paragraph (2)(A) or section 612(a)(18)(B) 
(relating to commingled funds), funds provided to the 
local educational agency under this part may be used 
for the following activities: 
‘‘(A) SERVICES AND AIDS THAT ALSO BEN-
EFIT NONDISABLED CHILDREN.—For the costs of 
special education and related services and sup-
plementary aids and services provided in a reg-
ular class or other education-related setting to a 
child with a disability in accordance with the 
individualized education program of the child, 
even if one or more nondisabled children benefit 
from such services. 
‘‘(B) PREREFERRAL SERVICES.—To develop 
and implement a system of comprehensive co-
ordinated prereferral education support services 
in accordance with subsection (f). 
‘‘(C) HIGH COST EDUCATION AND RELATED 
SERVICES.—To establish and implement cost or 
risk sharing funds, consortia, or cooperatives for 
the agency itself, or for local educational agen-
cies working in consortium of which the local 
educational agency is a part, to pay for high 
cost special education and related services.
‘‘(D) CASE MANAGEMENT AND ADMINISTRA-
TION.—To purchase appropriate technology for 
record keeping, data collection, and related case 
management activities of teachers and related 
services personnel who are providing services de-
scribed in the individualized education program 
of children with disabilities necessary to the im-
plementation of those case management activi-
ties. 
‘‘(E) SUPPLEMENTAL EDUCATIONAL SERV-
ICES
FOR
CHILDREN
WITH
DISABILITIES
IN 
SCHOOLS DESIGNATED FOR IMPROVEMENT.—For 
the reasonable additional expenses (as deter-
mined by the local educational agency) of any 
necessary accommodations to allow children with 
disabilities who are being educated in a school 
identified for school improvement under section 
1116(b) of the Elementary and Secondary Edu-
cation Act of 1965 (20 U.S.C. 6316(b)) to be pro-
vided supplemental educational services under 
section 1116(e) of such Act on an equitable basis. 
‘‘(5) TREATMENT
OF
CHARTER
SCHOOLS
AND 
THEIR STUDENTS.—In carrying out this part with re-
spect to charter schools that are public schools of the
100
local educational agency, the local educational agen-
cy—
‘‘(A) serves children with disabilities at-
tending those schools in the same manner as it 
serves children with disabilities in its other 
schools, including providing supplemental and 
related services on site at the charter school when 
the local educational agency has a policy or 
practice of providing those services on site to its 
other schools; and 
‘‘(B) provides funds under this part to those 
schools on the same basis as it provides those 
funds to its other public schools (including, at 
the option of such agency, proportional distribu-
tion based on relative enrollment of children 
with disabilities at such charter schools), and at 
the same time as such agency distributes other 
Federal funds to those schools, consistent with the 
State’s charter law.
‘‘(6) PURCHASE
OF
INSTRUCTIONAL
MATE-
RIALS.—Not later than 2 years after the date of the 
enactment of the Improving Education Results for 
Children With Disabilities Act of 2003, the local edu-
cational agency, when purchasing instructional mate-
rials for use in public elementary and secondary
101
schools within the local educational agency, requires 
the publisher of the instructional materials, as a part 
of any purchase agreement that is made, renewed, or 
revised, to prepare and supply electronic files con-
taining the contents of the instructional materials 
using the national instructional materials accessi-
bility standard described in section 612(a)(23). 
‘‘(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 
section 1308 of the Elementary and Secondary Edu-
103
modifications as the local educational agency deems 
necessary. 
‘‘(3) MODIFICATIONS REQUIRED BY STATE EDU-
CATIONAL AGENCY.—If, after the date of the enact-
ment of the Improving Education Results for Chil-
dren With Disabilities Act of 2003, the provisions of 
this Act are amended (or the regulations developed to 
carry out this Act are amended), or there is a new 
interpretation of this Act by Federal or State courts, 
or there is an official finding of noncompliance with 
Federal or State law or regulations, the State edu-
cational agency may require a local educational agen-
cy to modify its application only to the extent nec-
essary to ensure the local educational agency’s com-
pliance 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, 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.—
104
‘‘(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.
105
‘‘(e) JOINT ESTABLISHMENT OF ELIGIBILITY.—
‘‘(1) JOINT ESTABLISHMENT.—
‘‘(A) IN
GENERAL.—A State educational 
agency may require a local educational agency 
to establish its eligibility jointly with another 
local educational agency if the State educational 
agency determines that the local educational 
agency would be ineligible under this section be-
cause the local educational agency would not be 
able to establish and maintain programs of 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 it is explicitly permitted to do 
so under the State’s charter school statute. 
‘‘(2) AMOUNT OF PAYMENTS.—If a State edu-
cational agency requires the joint establishment of 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
106
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-
107
vide for the education of children with disabil-
ities in the least restrictive environment, as re-
quired by section 612(a)(5). 
‘‘(f) PREREFERRAL SERVICES.—
‘‘(1) IN GENERAL.—A local educational agency 
may use not more than 15 percent of the amount such 
agency receives under this part for any fiscal year, in 
combination with other amounts (which may include 
amounts other than education funds), to develop and 
implement comprehensive coordinated prereferral edu-
cational support services for students in kindergarten 
through grade 12 (with a particular emphasis on stu-
dents in grades kindergarten through 3) who have not 
been identified as needing special education or related 
services but who need additional academic and behav-
ioral support to succeed in a general education envi-
ronment. 
‘‘(2) ACTIVITIES.—In implementing comprehen-
sive coordinated prereferral educational services under 
this subsection, a local educational agency may carry 
out the following activities: 
‘‘(A) Professional development (which may 
be provided by entities other than local edu-
cational agencies) for teachers to enable them to 
deliver scientifically based academic and behav-
108
ioral interventions, including scientifically based 
literacy instruction. 
‘‘(B) Providing educational evaluations, 
services, and supports, including scientifically 
based literacy instruction and speech therapy. 
‘‘(C) Providing behavioral evaluations and 
services and supports, including positive behav-
ioral interventions and supports. 
‘‘(3) EXCLUSION.—Nothing in this subsection 
shall be construed to either limit or create a right to 
a free appropriate public education under this part. 
‘‘(4) REPORTING.—Each local educational agen-
cy that develops and maintains comprehensive coordi-
nated prereferral educational support services under 
this subsection shall annually report to the State edu-
cational agency on—
‘‘(A) the number of students served under 
this subsection; and 
‘‘(B) the number of students served under 
this subsection who subsequently receive special 
education and related services under this Act 
during the preceding 2-year period. 
‘‘(5) COORDINATION
WITH
THE
ELEMENTARY 
AND SECONDARY EDUCATION ACT OF 1965.—
109
‘‘(A) IN GENERAL.—Comprehensive coordi-
nated prereferral educational support services 
provided under this subsection may be aligned 
with activities funded by, and carried out under, 
the Elementary and Secondary Education Act of 
1965, such as the Reading First program under 
subpart 1 of part B of title I of such Act, the 
Early Reading First program under subpart 2 of 
part B of title I of such Act, reading and math 
supports under part A of title I of such Act, and 
behavior intervention supports, that improve re-
sults for children with disabilities. 
‘‘(B) MAINTENANCE
OF
EFFORT.—Funds 
used under this section shall be used to supple-
ment, and not supplant, funds made available 
under the Elementary and Secondary Education 
Act of 1965. 
‘‘(g) DIRECT SERVICES BY THE STATE 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 
the area served by that local agency, or for whom that
110
State agency is responsible, if the State educational 
agency determines that the local education agency or 
State agency, as the case may be—
‘‘(A) has not provided the information need-
ed to establish the eligibility of such agency 
under this section; 
‘‘(B) is unable to establish and maintain 
programs of free appropriate public education 
that meet the requirements of subsection (a); 
‘‘(C) is unable or unwilling to be consoli-
dated with one or more local educational agen-
cies in order to establish and maintain such pro-
grams; or 
‘‘(D) has one or more children with disabil-
ities who can best be served by a regional or 
State program or service-delivery system de-
signed to meet the needs of such children. 
‘‘(2) MANNER AND LOCATION OF EDUCATION AND 
SERVICES.—The State educational agency may 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 
services shall be provided in accordance with this 
part.
111
‘‘(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 
other information that is relevant to the safety of the child 
and other individuals involved with the child. If the State
112
adopts such a policy, and the child transfers from one school 
to another, the transmission of any of the child’s records 
must include both the child’s current individualized edu-
cation program and any such statement of current or pre-
vious disciplinary action that has been taken against the 
child.’’. 
SEC. 204. EVALUATIONS, ELIGIBILITY DETERMINATIONS, 
INDIVIDUALIZED 
EDUCATION 
PROGRAMS, 
AND EDUCATIONAL PLACEMENTS. 
Section 614 of the Individuals with Disabilities Edu-
cation Act (20 U.S.C. 1414) is amended to read as follows: 
‘‘SEC. 614. EVALUATIONS, ELIGIBILITY DETERMINATIONS, 
INDIVIDUALIZED 
EDUCATION 
PROGRAMS, 
AND EDUCATIONAL PLACEMENTS. 
‘‘(a) EVALUATIONS, PARENTAL CONSENT, AND RE-
EVALUATIONS.—
‘‘(1) INITIAL EVALUATIONS.—
‘‘(A) IN
GENERAL.—A State educational 
agency, other State agency, or local educational 
agency shall conduct a full and individual 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.
113
‘‘(B) REQUEST FOR INITIAL EVALUATION.—
Consistent with subparagraph (D), either a par-
ent of a child, a State educational agency, other 
State agency as appropriate, or local educational 
agency may initiate a request for an initial 
evaluation to determine if the child is a child 
with a disability. 
‘‘(C) PROCEDURES.—Such initial evalua-
tion shall consist of procedures—
‘‘(i) to determine whether a child is a 
child with a disability (as defined in sec-
tion 602(3)); and 
‘‘(ii) to determine the educational 
needs of such child. 
‘‘(D) PARENTAL CONSENT.—
‘‘(i) IN GENERAL.—
‘‘(I) CONSENT FOR INITIAL EVAL-
UATION.—The agency proposing to 
conduct an initial evaluation to deter-
mine if the child qualifies as a child 
with a disability as defined in section 
602(3)(A) or 602(3)(B) shall obtain in-
formed consent from the parent of such 
child before conducting the evaluation. 
Parental consent for evaluation shall
114
not be construed as consent for place-
ment for receipt of special education 
and related services. 
‘‘(II) CONSENT FOR SERVICES.—
An agency that is responsible for mak-
ing a free appropriate public education 
available to a child with a disability 
under this part shall seek to obtain in-
formed consent from the parent of such 
child before providing special edu-
cation and related services to the child. 
‘‘(ii) ABSENCE OF CONSENT.—
‘‘(I) FOR INITIAL EVALUATION.—
If the parent of such child does not 
provide consent for an initial evalua-
tion under clause (i)(I), or the parent 
fails to respond to a request to provide 
the consent, the local educational agen-
cy may pursue the initial evaluation of 
the child through the procedures de-
scribed in section 615, except to the ex-
tent inconsistent with State law relat-
ing to such parental consent. 
‘‘(II) FOR SERVICES.—If the par-
ent of such child does not provide con-
115
sent for services under clause (i)(II), or 
the parent fails to respond to a request 
to provide the consent, the local edu-
cational agency shall not provide spe-
cial education and related services to 
the child through the procedures de-
scribed in section 615. 
‘‘(III) EFFECT ON AGENCY OBLI-
GATIONS.—In any case for which there 
is an absence of consent for an initial 
evaluation under subclause (I), or for 
which there is an absence of consent for 
services under subclause (II)—
‘‘(aa) the local educational 
agency shall not be required to 
convene an IEP meeting or de-
velop an IEP under this section 
for the child; and 
‘‘(bb) the local educational 
agency shall not be considered to 
be in violation of any requirement 
under this part (including the re-
quirement to make available a 
free appropriate public education 
to the child) with respect to the
117
‘‘(i) no more than once a year, unless 
the parent and the local educational agency 
agree otherwise; and 
‘‘(ii) at least once every three years, 
unless the parent and the local educational 
agency agree that a reevaluation is unneces-
sary. 
‘‘(b) EVALUATION PROCEDURES.—
‘‘(1) NOTICE.—The local educational agency 
shall provide notice to the parent 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 multiple up-to-date measures and 
assessments to gather relevant functional, devel-
opmental, and academic information, including 
information provided by the parent, to assist 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
118
involved in and progress in the general edu-
cation curriculum or, for preschool children, 
to participate in appropriate activities; 
‘‘(B) not use any single measure or assess-
ment as the sole criterion for determining wheth-
er a child is a child with a disability or deter-
mining an appropriate educational 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) assessments and other evaluation 
measures used to assess a child under this sec-
tion—
‘‘(i) are selected and administered so 
as not to be discriminatory on a racial or 
cultural basis; 
‘‘(ii) are provided and administered, to 
the extent practicable, in the language and 
form most likely to yield accurate academic 
and developmental data;
119
‘‘(iii) are used for the 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. 
‘‘(4) DETERMINATION OF ELIGIBILITY AND EDU-
CATIONAL NEED.—Upon completion of the adminis-
tration of assessments and other evaluation meas-
ures—
‘‘(A) the determination of whether the child 
is a child with a disability as defined in section 
602(3) and the educational needs of the child 
shall be made by a team of qualified profes-
sionals and the parent of the child in accordance 
with paragraph (5); and
120
‘‘(B) a copy of the evaluation report and the 
documentation of determination of eligibility 
will be given to the parent. 
‘‘(5) SPECIAL
RULE
FOR
ELIGIBILITY
DETER-
MINATION.—In making a determination of eligibility 
under paragraph (4)(A), a child shall not be deter-
mined to be a child with a disability if the deter-
minant factor for such determination is—
‘‘(A) lack of scientifically based instruction 
practices and programs that contain the essen-
tial components of reading instruction (as that 
term is defined in section 1208(3) of the Elemen-
tary and Secondary Education Act of 1965); 
‘‘(B) lack of instruction in math; or 
‘‘(C) limited English proficiency. 
‘‘(6) SPECIFIC LEARNING DISABILITIES.—
‘‘(A) IN
GENERAL.—Notwithstanding sec-
tion 607 of this Act, when determining whether 
a child has a specific learning disability as de-
fined under this Act, the local educational agen-
cy shall not be required to take into consider-
ation whether the child has a severe discrepancy 
between achievement and intellectual ability in 
oral expression, listening comprehension, written 
expression, basic reading skill, reading com-
121
prehension, mathematical calculation, or mathe-
matical reasoning. 
‘‘(B) ADDITIONAL
AUTHORITY.—In deter-
mining whether a child has a specific learning 
disability, a local educational agency may use a 
process which determines if a child responds to 
scientific, research-based intervention. 
‘‘(c) ADDITIONAL REQUIREMENTS FOR EVALUATION 
AND REEVALUATIONS.—
‘‘(1) REVIEW OF EXISTING EVALUATION DATA.—
As part of an initial evaluation (if 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 local or State assessments, and 
classroom-based observations, and teacher and 
related services providers observations; and 
‘‘(B) on the basis of that review, and input 
from the child’s parents, identify what addi-
tional data, if any, are needed to determine—
‘‘(i) whether the child is a child with 
a disability as defined in section 602(3),
122
and the educational needs of the child, or, 
in case of a reevaluation of a child, whether 
the child continues to have such a disability 
and such educational needs; 
‘‘(ii) the present levels of academic 
achievement 
and 
related 
developmental 
needs of the child; 
‘‘(iii) whether the child needs special 
education and related services, or in the 
case of a reevaluation of a child, whether 
the child continues to need special 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 education curriculum. 
‘‘(2) SOURCE OF DATA.—The local educational 
agency shall administer such assessments and other 
evaluation measures as may be needed to produce the 
data identified by the IEP Team under paragraph 
(1)(B).
123
‘‘(3) PARENTAL
CONSENT.—Each local edu-
cational agency shall obtain informed parental con-
sent, in accordance with subsection (a)(1)(D), prior to 
conducting any reevaluation of a child with a dis-
ability, except that such informed parental consent 
need not be obtained if the local educational agency 
can demonstrate that it had taken reasonable meas-
ures to obtain such consent and the child’s parent has 
failed to respond. 
‘‘(4) REQUIREMENTS IF ADDITIONAL DATA ARE 
NOT NEEDED.—If the IEP Team and other qualified 
professionals, as appropriate, determine that no addi-
tional data are needed to determine whether the child 
continues to be a child with a disability and to deter-
mine the child’s educational needs, the local edu-
cational agency—
‘‘(A) shall notify the child’s parents of—
‘‘(i) that determination and the rea-
sons for it; and 
‘‘(ii) the right of such parents to re-
quest an assessment to determine whether 
the child continues to be a child with a dis-
ability and to determine the child’s edu-
cational needs; and
124
‘‘(B) shall not be required to conduct such 
an assessment unless requested to by the child’s 
parents. 
‘‘(5) EVALUATIONS BEFORE CHANGE IN ELIGI-
BILITY.—A local educational agency shall evaluate a 
child with a disability in accordance with this section 
prior to graduation, and before determining that the 
child is no longer a child with a disability, only in 
instances where the IEP Team is not in agreement re-
garding the change in eligibility. 
‘‘(d) INDIVIDUALIZED EDUCATION PROGRAMS.—
‘‘(1) DEFINITIONS.—As used in this title: 
‘‘(A) INDIVIDUALIZED
EDUCATION
PRO-
GRAM.—
‘‘(i) IN GENERAL.—The term ‘individ-
ualized education program’ or ‘IEP’ means 
a written statement for each child with a 
disability that is developed, reviewed, and 
revised in accordance with this section and 
that includes—
‘‘(I) a statement of the child’s 
present levels of academic achievement, 
including—
‘‘(aa) how the child’s dis-
ability affects the child’s involve-
125
ment and progress in the general 
education curriculum; 
‘‘(bb) for preschool children, 
as appropriate, how the disability 
affects the child’s participation in 
appropriate activities; and 
‘‘(cc) until the beginning of 
the 2005–2006 school year, a de-
scription of benchmarks or short-
term objectives, except in the case 
of children with disabilities who 
take alternate assessments aligned 
to alternate achievement stand-
ards, a description of benchmarks 
or short-term objectives shall con-
tinue to be included; 
‘‘(II) a statement of measurable 
annual goals designed to—
‘‘(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 education curriculum; 
and
126
‘‘(bb) meet the child’s other 
educational needs that result from 
the child’s disability; 
‘‘(III) a statement of the special 
education and related services and sup-
plementary aids and services, based on 
peer-reviewed research to the extent 
practicable, to be provided to the child, 
or on behalf of the child, and a state-
ment of the program modifications or 
supports for 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 edu-
cation curriculum in accordance 
with subclause (I) and to partici-
pate in extracurricular and other 
nonacademic activities; and 
‘‘(cc) to be educated and par-
ticipate with other children with 
disabilities and nondisabled chil-
127
dren in the activities described in 
this paragraph; 
‘‘(IV) an explanation of the ex-
tent, if any, to which the child will not 
participate with nondisabled children 
in the regular class and in the activi-
ties described in subclause (III)(cc); 
‘‘(V)(aa) a statement of any indi-
vidual appropriate accommodations in 
the administration of State or district-
wide assessments of student achieve-
ment that are necessary to measure the 
academic achievement of the child con-
sistent with section 612(a)(16)(A)(ii); 
and 
‘‘(bb) if the IEP Team determines 
that the child will not participate in a 
particular State or districtwide assess-
ment of student achievement (or part 
of such an assessment), a statement 
of—
‘‘(AA) why that assessment is 
not appropriate for the child; and
128
‘‘(BB) how the child will be 
assessed 
consistent 
with 
612(a)(16)(A); 
‘‘(VI) the projected date for the be-
ginning of the services and modifica-
tions described in subclause (III), and 
the anticipated frequency, location, 
and duration of those services and 
modifications; 
‘‘(VII)(aa) beginning at age 14, 
and updated annually, a statement of 
the transition service needs of the child 
under the applicable components of the 
child’s IEP that focuses on the child’s 
courses of study (such as participation 
in advanced-placement courses or a vo-
cational education program); 
‘‘(bb) beginning at age 16 (or 
younger, if determined appropriate by 
the IEP Team), a statement of needed 
transition services for the child, includ-
ing, when appropriate, a statement of 
the interagency responsibilities or any 
needed linkages; and
129
‘‘(cc) beginning at least 1 year be-
fore the child reaches the age of major-
ity under State law, a statement that 
the child has been informed of his or 
her rights under this title, if any, that 
will transfer to the child on reaching 
the age of majority under section 
615(l); and 
‘‘(VIII) a statement of—
‘‘(aa) 
how 
the 
child’s 
progress toward the annual goals 
described in subclause (II) will be 
measured; and 
‘‘(bb) how the child’s parents 
will be regularly informed (by 
such means as periodic report 
cards), at least as often as parents 
are informed of their nondisabled 
children’s progress, of the suffi-
ciency of their child’s progress to-
ward the annual goals described 
in subclause (II). 
‘‘(ii) RULE OF CONSTRUCTION.—Noth-
ing in this subparagraph shall be construed 
to require—
130
‘‘(I) that additional information 
be included in a child’s IEP beyond 
what is required in this subsection; 
and 
‘‘(II) the IEP Team to include in-
formation under one 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) a regular education teacher of 
such child, but such teacher shall not be re-
quired to attend a meeting or part of a 
meeting of the IEP Team involving issues 
not related to the child’s participation in 
the regular education environment, nor 
shall multiple regular education teachers, if 
the child has more than one regular edu-
cation teacher, be required to attend a meet-
ing, or part of a meeting, of the IEP team;
131
‘‘(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-
signed instruction to meet the unique 
needs of children with disabilities; 
‘‘(II) is knowledgeable about the 
general education curriculum; and 
‘‘(III) is knowledgeable about the 
availability of resources of the local 
educational agency; 
‘‘(v) an individual who can interpret 
the instructional implications of evaluation 
results, who may be a member of the team 
described in clauses (ii) through (vi); 
‘‘(vi) at the discretion of the parent or 
the agency, other individuals who have 
knowledge or special expertise regarding the 
child, including related services personnel as 
appropriate; and 
‘‘(vii) whenever appropriate, the child 
with a disability.
132
‘‘(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), the IEP Team shall consider the in-
dividualized family service plan that contains 
the material described in section 636, and that 
is developed in accordance with this section, and 
the individualized family service plan may serve 
as the IEP of the child if using that plan as the 
IEP is—
‘‘(i) consistent with State policy; and 
‘‘(ii) agreed to by the agency and the 
child’s parents. 
‘‘(3) DEVELOPMENT OF IEP.—
133
‘‘(A) IN
GENERAL.—In developing each 
child’s IEP, the IEP Team, subject to subpara-
graph (C), shall consider—
‘‘(i) the results of the initial evaluation 
or most recent evaluation of the child; 
‘‘(ii) the academic and developmental 
needs of the child; 
‘‘(iii) the strengths of the child; and 
‘‘(iv) the concerns of the parents for en-
hancing the education of their child. 
‘‘(B) CONSIDERATION
OF
SPECIAL
FAC-
TORS.—The IEP Team shall—
‘‘(i) in the case of a child whose behav-
ior impedes his or her learning or that of 
others, consider the use of positive behav-
ioral interventions and supports, and other 
strategies, to address that behavior; 
‘‘(ii) in the case of a child with limited 
English proficiency, consider the language 
needs of the child as such needs relate to the 
child’s IEP; 
‘‘(iii) in the case of a child who is 
blind or visually impaired, provide for in-
struction in Braille and the use of Braille 
unless the IEP Team determines, after an
134
evaluation of the child’s reading and writ-
ing skills, needs, and appropriate reading 
and writing media (including an evalua-
tion of the child’s future needs for instruc-
tion in Braille or the use of Braille), that 
instruction in Braille or the use of Braille 
is not appropriate for the child; 
‘‘(iv) 
consider 
the 
communication 
needs of the child, and in the case of a child 
who is deaf or hard of hearing, 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 needs 
assistive technology devices and services. 
‘‘(C) REQUIREMENT
WITH
RESPECT
TO 
REGULAR
EDUCATION
TEACHER.—The regular 
education teacher of the child, if a member of the 
IEP Team pursuant to paragraph (1)(B)(ii), 
shall, to the extent appropriate, participate in
135
the development of the IEP of the child, includ-
ing the determination of appropriate positive be-
havioral interventions and supports, and other 
strategies and the determination of supple-
mentary aids and services, program modifica-
tions, and support for school personnel consistent 
with paragraph (1)(A)(i)(III). 
‘‘(D) IEP TEAM ATTENDANCE.—The parent 
of a child with a disability and the local edu-
cational agency may jointly excuse any member 
of the IEP Team from attending all or part of 
an IEP meeting if they agree that the member’s 
attendance is not necessary. The IEP Team shall 
obtain the member’s input prior to an IEP meet-
ing from which the member is excused. 
‘‘(E) AGREEMENT ON MEETING.—In mak-
ing changes to a child’s IEP after the annual 
IEP meeting, the parent of a child with a dis-
ability and the local educational agency may 
agree not to reconvene the IEP team and instead 
develop a written document to amend or modify 
the child’s current IEP. 
‘‘(F) CONSOLIDATION OF IEP TEAM MEET-
INGS.—To the extent possible, the local edu-
136
cational agency shall encourage the consolidation 
of IEP Team meetings for a child. 
‘‘(G) AMENDMENTS.—Changes to the IEP 
may be made either by the entire IEP Team or, 
as provided in subparagraph (E), by amending 
the IEP rather than by redrafting the entire 
IEP. 
‘‘(4) REVIEW AND REVISION OF IEP.—
‘‘(A) IN GENERAL.—The local educational 
agency shall ensure that, subject to subparagraph 
(B), the IEP Team—
‘‘(i) reviews the child’s IEP periodi-
cally, but not less than annually, to deter-
mine whether the annual goals for the child 
are being achieved; and 
‘‘(ii) revises the IEP as appropriate to 
address—
‘‘(I) any lack of expected progress 
toward the annual goals and in the 
general education curriculum, where 
appropriate; 
‘‘(II) the results of any reevalua-
tion conducted under this section;
137
‘‘(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.—The regular 
education teacher of the child, if a member of the 
IEP Team, shall, consistent with this section, 
participate in the review and revision of the IEP 
of the child. 
‘‘(5) MULTI-YEAR IEP.—
‘‘(A) DEVELOPMENT.—The local educational 
agency may offer to the parent of a child with 
a disability the option of developing a com-
prehensive multi-year IEP, not to exceed 3 years, 
that is designed to cover the natural transition 
points for the child. With the consent of the par-
ent, the IEP Team shall develop an IEP, as de-
scribed in paragraphs (1) and (3), that is de-
signed to serve the child for the appropriate 
multi-year period, which includes a statement 
of—
138
‘‘(i) measurable goals pursuant to 
paragraph (1)(A)(i)(II), coinciding with 
natural transition points for the child, that 
will enable the child to be involved in and 
make progress in the general education cur-
riculum and that will meet the child’s other 
needs that result from the child’s disability; 
and 
‘‘(ii) measurable annual goals for de-
termining progress toward meeting the goals 
described in clause (i). 
‘‘(B) REVIEW AND REVISION OF MULTI-YEAR 
IEP.—
‘‘(i) REQUIREMENT.—The IEP Team 
shall conduct a review under paragraph (4) 
of the child’s multi-year IEP at each of the 
child’s natural transition points. 
‘‘(ii) STREAMLINED
ANNUAL
REVIEW 
PROCESS.—In years other than a child’s 
natural transition points, the local edu-
cational agency shall ensure that the IEP 
Team—
‘‘(I) provides an annual review of 
the child’s IEP to determine the child’s 
current levels of progress and deter-
139
mine whether the annual goals for the 
child are being achieved; and 
‘‘(II) amends the IEP, as appro-
priate, to enable the child to continue 
to meet the measurable goals set out in 
the IEP. 
‘‘(iii) COMPREHENSIVE REVIEW PROC-
ESS.—If the IEP Team determines, on the 
basis of the review under clause (i), that the 
child is not making sufficient progress to-
ward the goals described in subparagraph 
(A), the local educational agency shall en-
sure that the IEP Team reviews the IEP 
under paragraph (4), within 30 calendar 
days. 
‘‘(iv) PARENTAL PREFERENCE.—At the 
request of the parent, the IEP Team shall 
conduct a review under paragraph (4) of 
the child’s multi-year IEP rather than a 
streamlined annual review under clause 
(ii). 
‘‘(C) DEFINITION.—As used in this para-
graph, the term ‘natural transition points’ 
means those periods that are close in time to the 
transition of a child with a disability from pre-
140
school to elementary grades, from elementary 
grades to middle or junior high school grades, 
from middle or junior high school grades to high 
school grades, and from high school grades to 
post-secondary activities, but in no case longer 
than 3 years. 
‘‘(6) FAILURE
TO
MEET
TRANSITION
OBJEC-
TIVES.—If a participating agency, other than the 
local educational agency, fails to provide the transi-
tion services described in the IEP in accordance with 
paragraph (1)(A)(i)(VII), 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 do not apply to children with disabilities 
who are convicted as adults under State law and 
incarcerated in adult prisons: 
‘‘(i) The requirements contained in sec-
tion 612(a)(16) and paragraph (1)(A)(i)(V) 
of this subsection (relating to participation 
of children with disabilities in general as-
sessments).
141
‘‘(ii) The requirements of items (aa) 
and (bb) of paragraph (1)(A)(i)(VII) of this 
subsection (relating to transition planning 
and transition 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 
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. 
‘‘(f) ALTERNATIVE MEANS OF MEETING PARTICIPA-
TION.—When conducting IEP team meetings and place-
ment meetings pursuant to this section and 615, the parent 
of a child with a disability and a local educational agency
142
may agree to use alternative means of meeting participa-
tion, such as video conferences and conference calls.’’. 
SEC. 205. PROCEDURAL SAFEGUARDS. 
(a) 
ESTABLISHMENT
OF
PROCEDURES.—Section 
615(a) of the Individuals with Disabilities Education Act 
(20 U.S.C. 1415(a)) is amended to read as follows: 
‘‘(a) ESTABLISHMENT OF PROCEDURES.—Any State 
educational agency, State agency, or local educational 
agency that receives assistance under this part shall estab-
lish and maintain procedures in accordance with this sec-
tion to ensure that children with disabilities and their par-
ents are guaranteed procedural safeguards with respect to 
the provision of free appropriate public education by such 
agencies.’’. 
(b) TYPES OF PROCEDURES.—Section 615(b) of the In-
dividuals with Disabilities Education Act (20 U.S.C. 
1415(b)) is amended to read as follows: 
‘‘(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-
143
tain as appropriate an independent educational eval-
uation 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, or the child is a ward of the State, including the 
assignment of an individual (who shall not be an em-
ployee of the State educational agency, the local edu-
cational agency, or any other agency that is involved 
in the education or care of the child) to act as a sur-
rogate for the parents; 
‘‘(3) written prior notice to the parents of the 
child whenever such agency—
‘‘(A) proposes to initiate or change; or 
‘‘(B) refuses to initiate or change; 
the identification, evaluation, or educational place-
ment of the child, in accordance with subsection (c), 
or the provision of a free appropriate public edu-
cation 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;
144
‘‘(5) an opportunity for mediation and vol-
untary binding arbitration, in accordance with sub-
section (e); 
‘‘(6) an opportunity to present complaints—
‘‘(A) 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; and 
‘‘(B) which set forth a violation that oc-
curred not more than one year before the com-
plaint is filed; 
‘‘(7)(A) procedures that require the parent of a 
child with a disability, or the attorney representing 
the child, to provide notice (which shall remain con-
fidential)—
‘‘(i) to the local educational agency or State 
educational agency (if the State educational 
agency is the direct provider of services pursuant 
to section 613(g)), in the complaint filed under 
paragraph (6); and 
‘‘(ii) that shall include—
‘‘(I) the name of the child, the address 
of the residence of the child (or, in the case 
of a homeless child or youth (within the 
meaning of section 725(2) of the McKinney-
145
Vento Homeless Assistance Act (42 U.S.C. 
11434a(2)), available contact information 
for the child), and the name of the school the 
child is attending; 
‘‘(II) a description of the specific issues 
regarding the nature of the problem of the 
child relating to such proposed initiation or 
change, including facts relating to such 
problem; and 
‘‘(III) a proposed resolution of the 
problem to the extent known and available 
to the parents at the time; 
‘‘(B) a requirement that a parent of a child with 
a disability may not have a due process hearing until 
the parent, or the attorney representing the child, files 
a notice that meets the requirements of this para-
graph; and 
‘‘(8) procedures that require the State edu-
cational agency to develop a model form to assist par-
ents in filing a complaint in accordance with para-
graph (7).’’. 
(c) CONTENT OF PRIOR WRITTEN NOTICE.—Section 
615(c) of the Individuals with Disabilities Education Act 
(20 U.S.C. 1415(c)) is amended to read as follows:
146
‘‘(c) CONTENT OF PRIOR WRITTEN NOTICE.—The no-
tice required by subsection (b)(3) shall include—
‘‘(1) a description of the action proposed or re-
fused by the agency; 
‘‘(2) an explanation of why the agency proposes 
or refuses to take the action and a description of each 
evaluation procedure, test, record, or report the agen-
cy used as a basis for the proposed or refused action; 
‘‘(3) a statement that the parents of a child with 
a disability have protection under the procedural 
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 
‘‘(4) sources for parents to contact to obtain as-
sistance in understanding the provisions of this 
part.’’. 
(d) PROCEDURAL
SAFEGUARDS
NOTICE.—Section 
615(d) of the Individuals with Disabilities Education Act 
(20 U.S.C. 1415(d)) is amended to read as follows: 
‘‘(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, at a min-
imum—
147
‘‘(A) upon initial referral or parental re-
quest for evaluation; 
‘‘(B) annually, at the beginning of the 
school year; and 
‘‘(C) upon written request by a parent. 
‘‘(2) CONTENTS.—The procedural safeguards no-
tice shall include a description of the procedural safe-
guards, written in the native language of the parents, 
unless it clearly is not feasible to do so, and written 
in an easily understandable manner, available under 
this section and under regulations promulgated by the 
Secretary relating to—
‘‘(A) independent educational evaluation; 
‘‘(B) prior written notice; 
‘‘(C) parental consent; 
‘‘(D) access to educational records; 
‘‘(E) opportunity to present complaints; 
‘‘(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; 
‘‘(H) requirements for unilateral placement 
by parents of children in private schools at pub-
lic expense;
148
‘‘(I) mediation, early dispute resolution, 
and voluntary binding arbitration; 
‘‘(J) due process hearings, including re-
quirements for disclosure of evaluation results 
and recommendations; 
‘‘(K) civil actions; and 
‘‘(L) attorneys’ fees.’’. 
(e) MEDIATION AND VOLUNTARY BINDING ARBITRA-
TION.—Section 615(e) of the Individuals with Disabilities 
Education Act (20 U.S.C. 1415(e)) is amended to read as 
follows: 
‘‘(e) MEDIATION AND VOLUNTARY BINDING ARBITRA-
TION.—
‘‘(1) MEDIATION.—
‘‘(A) IN GENERAL.—Any State educational 
agency or local educational agency that receives 
assistance under this part shall ensure that pro-
cedures are established and implemented to allow 
parties to disputes involving any matter, includ-
ing matters arising prior to the filing of a com-
plaint pursuant to subsection (b)(6), to resolve 
such disputes through a mediation process. 
‘‘(B) 
REQUIREMENTS.—Such 
procedures 
shall meet the following requirements:
149
‘‘(i) The procedures shall ensure that 
the mediation process—
‘‘(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 hear-
ing 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 effective mediation techniques. 
‘‘(ii) A local educational agency or a 
State agency may establish procedures to 
offer to parents 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 infor-
mation center in the State established 
under section 672; or 
‘‘(II) an appropriate alternative 
dispute resolution entity;
150
to encourage the use, and explain the bene-
fits, of the mediation process to the parents. 
‘‘(iii) The State shall maintain a list 
of individuals who are qualified mediators 
and knowledgeable in laws and regulations 
relating to the provision of special edu-
cation and related services. 
‘‘(iv) The State shall bear the cost of 
the mediation process, including the costs of 
meetings described in clause (ii). 
‘‘(v) Each session in the mediation 
process shall be scheduled in a timely man-
ner and shall be held in a location that is 
convenient to the parties to the dispute. 
‘‘(vi) An agreement reached by the par-
ties to the dispute in the mediation process 
shall be set forth in a written mediation 
agreement. 
‘‘(vii) Discussions that occur during 
the mediation process shall be confidential 
and may not be used as evidence in any 
subsequent due process hearings or civil 
proceedings and the parties to the medi-
ation process may be required to sign a con-
151
fidentiality pledge prior to the commence-
ment of such process. 
‘‘(2) VOLUNTARY BINDING ARBITRATION.—
‘‘(A) IN
GENERAL.—A State educational 
agency that receives assistance under this part 
shall ensure that procedures are established and 
implemented to allow parties to disputes involv-
ing any matter described in subsection (b)(6) to 
resolve such disputes through voluntary binding 
arbitration, which shall be available when a 
hearing is requested under subsection (f) or (j). 
‘‘(B) 
REQUIREMENTS.—Such 
procedures 
shall meet the following requirements: 
‘‘(i) The procedures shall ensure that 
the voluntary binding arbitration process—
‘‘(I) is voluntarily and knowingly 
agreed to in writing by the parties; 
and 
‘‘(II) is conducted by a qualified 
and impartial arbitrator. 
‘‘(ii) A local educational agency or a 
State agency shall ensure that parents who 
choose to use voluntary binding arbitration 
understand that the process is in lieu of a 
due process hearing under subsection (f) or
152
(j) and that the decision made by the arbi-
trator is final, unless there is fraud by a 
party or the arbitrator or misconduct on the 
part of the arbitrator. 
‘‘(iii) The parties shall jointly agree to 
use an arbitrator from a list that the State 
shall maintain of individuals who are 
qualified arbitrators and knowledgeable in 
laws and regulations relating to the provi-
sion of special education and related serv-
ices. 
‘‘(iv) The arbitration shall be con-
ducted according to State law on arbitra-
tion or, if there is no such applicable State 
law, in a manner consistent with the Re-
vised Uniform Arbitration Act. 
‘‘(v) The voluntary binding arbitration 
shall be scheduled in a timely manner and 
shall be held in a location that is convenient 
to the parties to the dispute.’’. 
(f) IMPARTIAL DUE PROCESS HEARING.—Section 
615(f) of the Individuals with Disabilities Education Act 
(20 U.S.C. 1415(f)) is amended to read as follows: 
‘‘(f) IMPARTIAL DUE PROCESS HEARING.—
‘‘(1) IN GENERAL.—
153
‘‘(A) ACCESS
TO
HEARING.—Whenever a 
complaint has been received under subsection 
(b)(6) or (j) of this section, the parents or the 
local educational agency involved in such com-
plaint shall have an opportunity for an impar-
tial due process hearing, which shall be con-
ducted by the State educational agency. 
‘‘(B) RESOLUTION SESSION.—
‘‘(i) IN GENERAL.—Prior to the oppor-
tunity for an impartial due process hearing 
under subparagraph (A), the local edu-
cational agency shall convene a meeting 
with the parents—
‘‘(I) within 15 days of receiving 
notice of the parents’ complaint; and 
‘‘(II) 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.
154
‘‘(ii) DUE PROCESS HEARING.—If the 
local educational agency has not resolved 
the complaint to the satisfaction of the par-
ents within 30 days of the receipt of the 
complaint, the due process hearing shall 
occur in accordance with subparagraph (A). 
‘‘(iii) DEFINITION
OF
MEETING.—A 
meeting conducted pursuant to clause (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 sub-
section (h)(3). 
‘‘(2) DISCLOSURE
OF
EVALUATIONS
AND
REC-
OMMENDATIONS.—
‘‘(A) IN GENERAL.—At least 5 business days 
prior to a hearing conducted pursuant to para-
graph (1), each party shall disclose to all other 
parties all evaluations completed by that date 
and recommendations based on the offering par-
ty’s evaluations that the party intends to use at 
the hearing.
155
‘‘(B) FAILURE TO DISCLOSE.—A hearing of-
ficer may bar any party that fails to comply 
with subparagraph (A) from introducing the rel-
evant evaluation or recommendation at the hear-
ing without the consent of the other party. 
‘‘(3) LIMITATION ON HEARING.—
‘‘(A) HEARING OFFICER.—A hearing con-
ducted pursuant to paragraph (1)(A) may not be 
conducted by—
‘‘(i) an employee of the State edu-
cational agency or the local educational 
agency involved in the education or care of 
the child; or 
‘‘(ii) any person having a personal or 
professional interest that would conflict 
with his or her objectivity in the hearing. 
‘‘(B) SUBJECT MATTER OF HEARING.—The 
parents of the child shall not be allowed to raise 
issues at the due process hearing that were not 
raised in the complaint or discussed during the 
meeting conducted pursuant to subparagraph 
(1)(B), unless the local educational agency agrees 
otherwise. 
‘‘(C) DECISION OF HEARING OFFICER.—A 
decision made by a hearing officer must be based
156
on a determination of whether or not the child 
received a free appropriate public education.’’. 
(g) APPEAL.—Section 615 of the Individuals with Dis-
abilities Education Act (20 U.S.C. 1415) is amended by 
striking subsection (g). 
(h) SAFEGUARDS.—Section 615 of the Individuals 
with Disabilities Education Act (20 U.S.C. 1415) is amend-
ed—
(1) by redesignating subsection (h) as subsection 
(g); and 
(2) by amending subsection (g) (as redesignated) 
to read as follows: 
‘‘(g) SAFEGUARDS.—Any party to a hearing conducted 
pursuant to subsection (f) or (j) shall be accorded—
‘‘(1) the right to be represented by counsel and 
by non-attorney advocates and to be accompanied and 
advised 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
157
‘‘(4) the right to written, or, at the option of the 
parents, electronic findings of fact and decisions 
(which findings and decisions shall be made available 
to the public consistent with the requirements of sec-
tion 617(d)) (relating to the confidentiality of data, 
information, and records).’’. 
(i) ADMINISTRATIVE PROCEDURES.—Section 615 of 
the Individuals with Disabilities Education Act (20 U.S.C. 
1415) is amended—
(1) by redesignating subsection (i) as subsection 
(h); and 
(2) in subsection (h) (as redesignated)—
(A) in paragraph (1)—
(i) by striking ‘‘IN GENERAL.—’’ and 
all that follows through ‘‘A decision made 
in a hearing’’ and inserting ‘‘IN
GEN-
ERAL.—A decision made in a hearing’’; 
(ii) by striking ‘‘(k)’’ and inserting 
‘‘(j)’’; 
(iii) by striking ‘‘subsection (g) and’’; 
and 
(iv) by striking subparagraph (B); 
(B) in paragraph (2)(A), by striking ‘‘sub-
section (f) or (k) who does not have the right to
158
an appeal under subsection (g)’’ and inserting 
‘‘subsection (f) or (j)’’; and 
(C) in paragraph (3), by amending sub-
paragraph (C) to read as follows: 
‘‘(C) DETERMINATION OF AMOUNT OF AT-
TORNEYS’ FEES.—
‘‘(i) 
IN
GENERAL.—Fees 
awarded 
under this paragraph shall be based on 
rates determined by the Governor of the 
State (or other appropriate State official) 
in which the action or proceeding arose for 
the kind and quality of services furnished. 
No bonus or multiplier may be used in cal-
culating the fees awarded under this sub-
section. 
‘‘(ii) NOTICE.—The Governor of the 
State (or other appropriate State official) 
shall make available to the public on an an-
nual basis the rates described in clause 
(i).’’. 
(j) MAINTENANCE OF CURRENT EDUCATIONAL PLACE-
MENT.—Section 615 of the Individuals with Disabilities 
Education Act (20 U.S.C. 1415) is amended—
(1) by redesignating subsection (j) as subsection 
(i); and
159
(2) by amending subsection (i) (as redesignated) 
to read as follows: 
‘‘(i) MAINTENANCE
OF
CURRENT
EDUCATIONAL 
PLACEMENT.—Except as provided in subsection (j)(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.’’.
(k) PLACEMENT IN ALTERNATIVE EDUCATIONAL SET-
TING.—Section 615 of the Individuals with Disabilities 
Education Act (20 U.S.C. 1415) is amended—
(1) by redesignating subsection (k) as subsection 
(j); and 
(2) by amending subsection (j) (as redesignated) 
to read as follows: 
‘‘(j) 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
160
of student conduct policy to an appropriate in-
terim alternative educational setting, another 
setting, or suspension, for not more than 10 
school days (to the extent such alternatives would 
be applied to children without disabilities). 
‘‘(B) ADDITIONAL AUTHORITY.—Subject to 
subparagraph (C), and notwithstanding any 
other provision of this Act, school personnel 
under this section may order a change in the 
placement of a child with a disability who vio-
lates a code of student conduct policy to an ap-
propriate interim alternative educational setting 
selected so as to enable the child to continue to 
participate in the general education curriculum, 
although in another setting, and to progress to-
ward meeting the goals set out in the child’s 
IEP, for not more than 45 school days (to the ex-
tent such alternative and such duration would be 
applied to children without disabilities, and 
which may include consideration of unique cir-
cumstances on a case-by-case basis), except that 
the change in placement may last beyond 45 
school days if required by State law or regula-
tion for the violation in question, to ensure the 
safety and appropriate educational atmosphere
161
in the schools under the jurisdiction of the local 
educational agency. 
‘‘(C) SERVICES.—A child with a disability 
who is removed from the child’s current place-
ment under subparagraph (B) shall—
‘‘(i) continue to receive educational 
services selected so as to enable the child to 
continue to participate in the general edu-
cation curriculum, although in another set-
ting, and to progress toward meeting the 
goals set out in the child’s IEP; and 
‘‘(ii) continue to receive behavioral 
intervention services designed to address the 
behavior violation so that it does not recur. 
‘‘(2) DETERMINATION OF SETTING.—The alter-
native educational setting described in paragraph 
(1)(B) shall be determined by the IEP Team. 
‘‘(3) PARENT APPEAL.—
‘‘(A) IN GENERAL.—If the parent of a child 
with a disability disagrees with any decision re-
garding placement or punishment under this sec-
tion, the parent may request a hearing. 
‘‘(B) AUTHORITY OF HEARING OFFICER.—If 
a parent of a child with a disability disagrees 
with a decision regarding placement of the child
162
or punishment of the child under this section, in-
cluding duration of the punishment, the hearing 
officer may determine whether the decision re-
garding such action was appropriate. 
‘‘(4) PLACEMENT
DURING
APPEALS.—When a 
parent requests a hearing regarding a disciplinary 
action described in paragraph (1)(B) to challenge the 
interim alternative educational setting or the viola-
tion of the code of student conduct policy, the child 
shall remain in the interim alternative educational 
setting pending the decision 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. 
‘‘(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 policy, may assert any of the 
protections provided for in this part if the local 
educational agency had knowledge (as deter-
163
mined in accordance with this paragraph) that 
the child was a child with a disability before the 
behavior that precipitated the disciplinary ac-
tion occurred. 
‘‘(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; or 
‘‘(iii) the teacher of the child, or other 
personnel of the local educational agency, 
has expressed concern in writing about the 
behavior or performance of the child to the
164
director of special education of such agency 
or to other personnel of the agency. 
‘‘(C) 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)) prior to 
taking disciplinary measures against the 
child, the child may be subjected to discipli-
nary measures applied to children without 
disabilities who engaged in comparable be-
haviors consistent with clause (ii). 
‘‘(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) or (2), the evaluation shall be 
conducted in an expedited manner. If the 
child is determined to be a child with a dis-
ability, taking into consideration informa-
tion from the evaluation conducted by the 
agency and information provided by the 
parents, the agency shall provide special 
education and related services in accordance
165
with this part, except that, pending the re-
sults of the evaluation, the child shall re-
main in the educational placement deter-
mined by school authorities. 
‘‘(6) REFERRAL
TO
AND
ACTION
BY
LAW
EN-
FORCEMENT AND JUDICIAL AUTHORITIES.—
‘‘(A) IN GENERAL.—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 
to the application of Federal and State law to 
crimes committed by a child with a disability. 
‘‘(B) TRANSMISSION
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 it reports the 
crime.’’. 
(l) RULE OF CONSTRUCTION.—Section 615 of the Indi-
viduals with Disabilities Education Act (20 U.S.C. 1415) 
is amended by redesignating subsection (l) as subsection (k).
166
(m) TRANSFER OF PARENTAL RIGHTS AT AGE OF MA-
JORITY.—Section 615 of the Individuals with Disabilities 
Education Act (20 U.S.C. 1415) is amended—
(1) by redesignating subsection (m) as subsection 
(l); and 
(2) by amending subsection (l) (as redesignated) 
to read as follows: 
‘‘(l) TRANSFER OF PARENTAL RIGHTS AT AGE OF MA-
JORITY.—
‘‘(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-
167
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, 
another appropriate individual, to represent the edu-
cational interests of the child throughout the period of 
eligibility of the child under this part.’’. 
SEC. 206. MONITORING, ENFORCEMENT, WITHHOLDING, 
AND JUDICIAL REVIEW. 
Section 616 of the Individuals with Disabilities Edu-
cation Act (20 U.S.C. 1416) is amended—
(1) by amending the heading to read as follows: 
‘‘SEC. 616. MONITORING, ENFORCEMENT, WITHHOLDING, 
AND JUDICIAL REVIEW.’’; 
(2) by redesignating subsections (a) through (c) 
as subsections (e) through (g), respectively; and 
(3) by inserting before subsection (e) (as redesig-
nated) the following: 
‘‘(a) FEDERAL MONITORING.—
168
‘‘(1) IN GENERAL.—The Secretary shall monitor 
implementation of this Act. 
‘‘(2) FOCUSED MONITORING.—The primary focus 
of Federal monitoring activities shall be to improve 
educational results for all children with disabilities, 
while ensuring compliance with program require-
ments, with a particular emphasis on those require-
ments that are most closely related to improving edu-
cational results for children with disabilities. 
‘‘(b) INDICATORS.—
‘‘(1) REQUIRED
INDICATORS.—The Secretary 
shall examine relevant information and data related 
to States’ progress on improving educational results 
for children with disabilities by reviewing—
‘‘(A) achievement results of children with 
disabilities on State or district assessments, in-
cluding children with disabilities taking State or 
district assessments with appropriate accom-
modations; 
‘‘(B) achievement results of children with 
disabilities on State or district alternate assess-
ments; 
‘‘(C) graduation rates of children with dis-
abilities and graduation rates of children with
169
disabilities as compared to graduation rates of 
nondisabled children; and 
‘‘(D) dropout rates for children with dis-
abilities and dropout rates of children with dis-
abilities as compared to dropout rates of non-
disabled children. 
‘‘(2) PERMISSIVE
INDICATORS.—The Secretary 
also may establish other priorities for review of rel-
evant information and data, including data provided 
by States under section 618, and also including the 
following: 
‘‘(A) PRIORITIES
FOR
THIS
PART.—The 
Secretary may give priority to monitoring on 
the following areas under this part: 
‘‘(i) Provision of educational services 
in the least restrictive environment, includ-
ing—
‘‘(I) education of children with 
disabilities with nondisabled peers to 
the maximum extent appropriate; 
‘‘(II) provision of appropriate 
special education and related services; 
‘‘(III) access to the general cur-
riculum with appropriate accommoda-
tions;
170
‘‘(IV) provision of appropriate 
services to students whose behavior im-
pedes learning; and 
‘‘(V) participation and perform-
ance of children with disabilities on 
State and local assessments, including 
alternate assessments. 
‘‘(ii) Secondary transition, including 
the extent to which youth exiting special 
education are prepared for post-secondary 
education, employment, and adult life, and 
are participants in appropriate transition 
planning while in school. 
‘‘(iii) State exercise of general super-
visory authority, including effective moni-
toring and use of complaint resolution, me-
diation, and voluntary binding arbitration. 
‘‘(B) PRIORITIES FOR PART C.—The Sec-
retary may give priority to monitoring on the 
following areas under part C: 
‘‘(i) Child find and public awareness 
to support the identification, evaluation 
and assessment of all eligible infants and 
toddlers, including the provision of cul-
171
turally relevant materials to inform and 
promote referral. 
‘‘(ii) Provision of early intervention 
services in natural environments, evalua-
tion and assessment to identify child needs 
and family needs related to enhancing the 
development of the child, and provision of 
appropriate early intervention services in 
natural environments to meet the needs of 
individual children. 
‘‘(iii) Effective early childhood transi-
tion to services under this part. 
‘‘(iv) State exercise of general super-
visory authority, including—
‘‘(I) effective monitoring and use 
of other mechanisms such as complaint 
resolution; 
‘‘(II) implementation of medi-
ation and voluntary binding arbitra-
tion; and 
‘‘(III) coordination of parent and 
child protections. 
‘‘(3) DATA
COLLECTION
AND
ANALYSIS.—The 
Secretary shall review the data collection and anal-
ysis capacity of States to ensure that data and infor-
172
mation is collected, analyzed, and accurately reported 
to the Secretary. The Secretary may provide technical 
assistance to improve the capacity of States to meet 
data requirements. 
‘‘(c) ADDITIONAL PRIORITIES.—
‘‘(1) IN GENERAL.—The Secretary may develop 
additional priorities for monitoring the effective im-
plementation of this Act. 
‘‘(2) PUBLIC
COMMENT.—The Secretary shall 
provide a public comment period of at least 30 days 
on any additional priority proposed under this part 
or part C. 
‘‘(3) DATE
OF
ENFORCEMENT.—The Secretary 
may not begin to enforce a new priority until one 
year from the date of publication of the priority in 
the Federal Register as a final rule. 
‘‘(d) COMPLIANCE.—
‘‘(1) IN GENERAL.—The Secretary shall review 
State data to determine whether the State is in com-
pliance with the provisions of this Act. 
‘‘(2) LACK OF PROGRESS.—If after examining 
data, as provided in section (b) or (c), the Secretary 
determines that a State is not making satisfactory 
progress in improving educational results for children
173
with disabilities, the Secretary shall take one or more 
of the following actions: 
‘‘(A) Advise the State of available sources of 
technical assistance that may help the State ad-
dress the lack of progress, which may include as-
sistance from the Office of Special Education 
Programs, other offices of the Department of 
Education, other Federal agencies, technical as-
sistance providers approved by the Secretary, 
and other federally funded nonprofit agencies. 
Such technical assistance may include—
‘‘(i) the provision of advice by experts 
to address the areas of noncompliance, in-
cluding explicit plans for ensuring compli-
ance within a specified period of time; 
‘‘(ii) assistance in identifying and im-
plementing professional development, in-
structional strategies, and methods of in-
struction that are based on scientifically 
based research; 
‘‘(iii) designating and using distin-
guished superintendents, principals, special 
education administrators, regular education 
teachers, and special education teachers to
174
provide advice, technical assistance, and 
support; and 
‘‘(iv) devising additional approaches to 
providing technical assistance, such as col-
laborating with institutions of higher edu-
cation, educational service agencies, na-
tional centers of technical assistance sup-
ported under part D, and private providers 
of scientifically based technical assistance. 
‘‘(B) Direct the use of State level funds for 
technical assistance on the area or areas of un-
satisfactory performance. 
‘‘(C) Each year withhold at least 20 but no 
more than 50 percent of the State’s funds under 
section 611(e), after providing the State the op-
portunity to show cause why the withholding 
should not occur, until the Secretary determines 
that sufficient progress has been made in im-
proving educational results for children with dis-
abilities. 
‘‘(3) SUBSTANTIAL NON-COMPLIANCE.—
‘‘(A) INITIAL
DETERMINATION.—When the 
Secretary determines that a State is not in sub-
stantial compliance with any provision of this
175
part, the Secretary shall take one 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 
should be able to correct the problem within 
one year. 
‘‘(ii) Identify the State as a high-risk 
grantee and impose special conditions on 
the State’s grant. 
‘‘(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 one 
year. 
‘‘(iv) Recovery of funds under section 
452 of the General Education Provisions 
Act. 
‘‘(v)(I) Withholding of payments under 
subsection (e). 
‘‘(II) Pending the outcome of any hear-
ing to withhold payments under subsection 
(e), the Secretary may suspend payments to 
a recipient, suspend the authority of the re-
176
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. 
‘‘(B) CONTINUED NON-COMPLIANCE.—
‘‘(i) SECRETARIAL ACTION.—If the Sec-
retary has imposed special conditions on a 
grant under subparagraph (A)(ii) for sub-
stantially the same compliance problems for 
three consecutive years, and at the end of 
the third year the State has not dem-
onstrated that the violation has been cor-
rected to the satisfaction of the Secretary, 
the Secretary shall take such additional en-
forcement actions as the Secretary deter-
mines to be appropriate from among those 
actions specified in clauses (iii) through (v) 
of subparagraph (A). 
‘‘(ii) REPORT
TO
CONGRESS.—The 
Secretary shall report to Congress within 30 
days of taking enforcement action pursuant 
to this paragraph on the specific action
177
taken and the reasons why enforcement ac-
tion was taken.’’. 
SEC. 207. ADMINISTRATION. 
Section 617 of the Individuals with Disabilities Edu-
cation Act (20 U.S.C. 1417) is amended to read as follows: 
‘‘SEC. 617. ADMINISTRATION. 
‘‘(a) RESPONSIBILITIES OF SECRETARY.—In carrying 
out this part, the Secretary shall—
‘‘(1) cooperate with, and (directly or by grant or 
contract) furnish technical assistance necessary to, the 
State in matters relating to—
‘‘(A) the education of children with disabil-
ities; and 
‘‘(B) carrying out this part; and 
‘‘(2) provide short-term training programs and 
institutes.
‘‘(b) PROHIBITION AGAINST FEDERAL MANDATES, DI-
RECTION, OR CONTROL.—Nothing in this Act may be con-
strued to authorize an officer or employee of the Federal 
Government to mandate, direct, or control a State, local 
educational agency, or school’s specific instructional con-
tent, curriculum, or program of instruction. 
‘‘(c) 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 ensure
178
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. 
‘‘(d) PERSONNEL.—The Secretary is authorized to hire 
qualified personnel necessary to carry out the Secretary’s 
duties under subsection (a) and under sections 618 and 661 
without regard to the provisions of title 5, United States 
Code, relating to appointments in the competitive service 
and without regard to chapter 51 and subchapter III of 
chapter 53 of such title relating to classification and general 
schedule pay rates, except that no more than twenty such 
personnel shall be employed at any time. 
‘‘(e) PILOT PROGRAM.—The Secretary is authorized to 
grant waivers of paperwork requirements under this part 
for a period of time not to exceed 4 years with respect to 
not more than 10 States based on proposals submitted by 
States for addressing reduction of paperwork and non-in-
structional time spent fulfilling statutory and regulatory 
requirements. 
‘‘(f) REPORT.—The Secretary shall include in the an-
nual report to Congress under section 426 of the Depart-
ment of Education Organization Act information related 
to the effectiveness of waivers granted under subsection 
(e)—
179
‘‘(1) in reducing the paperwork burden on teach-
ers, administrators, and related services providers 
and non-instructional time spent by teachers in com-
plying with this part, including any specific rec-
ommendations for broader implementation; and 
‘‘(2) in enhancing longer-term educational plan-
ning, improving positive outcomes for children with 
disabilities, promoting collaboration between IEP 
Team members, and ensuring satisfaction of family 
members, including any specific recommendations for 
broader implementation. 
‘‘(g) MODEL FORMS.—Not later than the date on 
which the Secretary publishes final regulations to imple-
ment this part (as amended by the Improving Education 
Results for Children With Disabilities Act of 2003), the Sec-
retary shall publish and disseminate widely to States, local 
educational agencies, and parent training and information 
centers—
‘‘(1) a model individualized education program 
form; 
‘‘(2) a model form for the procedural safeguards 
notice described in section 615(d); and 
‘‘(3) a model form for the prior written notice 
described in section 615(b)(3);
180
that would be consistent with the requirements of this part 
and be deemed to be sufficient to meet such requirements.’’. 
SEC. 208. PROGRAM INFORMATION. 
Section 618 of the Individuals with Disabilities Edu-
cation Act (20 U.S.C. 1418) is amended to read as follows: 
‘‘SEC. 618. PROGRAM INFORMATION. 
‘‘(a) IN GENERAL.—Each State and local educational 
agency that receives assistance under this part, and the Sec-
retary of the Interior, shall provide data each year to the 
Secretary—
‘‘(1)(A) on—
‘‘(i) the number and percentage of children 
with disabilities, by race, ethnicity, and dis-
ability category, who are receiving a free appro-
priate public education; 
‘‘(ii) the number and percentage of children 
with disabilities, by race and ethnicity, who are 
receiving early intervention services; 
‘‘(iii) the number and percentage of chil-
dren with disabilities, by race, ethnicity, and 
disability category, who are participating in reg-
ular education; 
‘‘(iv) the number and percentage of children 
with disabilities, by race, ethnicity, and dis-
ability category, who are in separate classes, sep-
181
arate schools or facilities, or public or private 
residential facilities; 
‘‘(v) the number and percentage of children 
with disabilities, by race and ethnicity, and dis-
ability category who begin secondary school and 
graduate with a regular high school diploma, 
through the age of 21; 
‘‘(vi) the number and percentage of children 
with disabilities, by race, ethnicity, and dis-
ability category, who, for each year of age from 
age 14 to 21, stopped receiving special education 
and related services because of program comple-
tion or other reasons and the reasons why those 
children stopped receiving special education and 
related services; 
‘‘(vii) the number and percentage of chil-
dren with disabilities, by race and ethnicity, 
who, from birth through age 2, stopped receiving 
early intervention services because of program 
completion or for other reasons; 
‘‘(viii)(I) the number and percentage of 
children with disabilities, by race, ethnicity, and 
disability category, who under subparagraph (A) 
or (B) of section 615(j)(1), are removed to an in-
terim alternative educational setting;
182
‘‘(II) the acts or items precipitating those 
removals; 
‘‘(III) the number of children with disabil-
ities, by race, ethnicity, and disability category, 
who are subject to long-term suspensions or ex-
pulsions; and 
‘‘(IV) the incidence, duration, and type of 
disciplinary actions, by race and ethnicity, in-
cluding suspension and expulsions; 
‘‘(ix) the number of complaints resolved 
through voluntary binding arbitration; and 
‘‘(x) the number of mediations held and the 
number of settlement agreements reached through 
mediation; 
‘‘(B) on the number and percentage of infants 
and toddlers, by race and ethnicity, who are at risk 
of having substantial developmental delays (as de-
fined in section 632), and who are receiving early 
intervention services under part C; and 
‘‘(C) on the number of children served with funds 
under section 613(f); and 
‘‘(2) on any other information that may be re-
quired by the Secretary.
183
‘‘(b) SAMPLING.—The Secretary may permit States 
and the Secretary of the Interior to obtain the data de-
scribed in subsection (a) through sampling. 
‘‘(c) 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 and ethnicity is oc-
curring in the State and the local educational agen-
cies of 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
184
disabilities, or the placement in particular edu-
cational settings of such children, in accordance with 
paragraph (1), the State or the Secretary of the Inte-
rior, as the case may be—
‘‘(A) shall provide for the review and, if ap-
propriate, revision of the policies, procedures, 
and practices used in such identification or 
placement to ensure that such policies, proce-
dures, and practices comply with the require-
ments of this Act; 
‘‘(B) shall require any local educational 
agency identified under paragraph (1) to reserve 
the maximum amount of funds under section 
613(f) to provide comprehensive coordinated 
prereferral support services to serve children in 
the local educational agency, particularly chil-
dren in those groups that were significantly 
overidentified under paragraph (1); and 
‘‘(C) shall require the local educational 
agency to publicly report on the revision of poli-
cies, practices, and procedures described under 
subparagraph (A).’’. 
SEC. 209. PRESCHOOL GRANTS. 
Section 619 of the Individuals with Disabilities Edu-
cation Act (20 U.S.C. 1419) is amended to read as follows:
185
‘‘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.—
‘‘(1) IN GENERAL.—The Secretary shall allocate 
funds among the States in accordance with para-
graph (2) or (3), as appropriate. 
‘‘(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:
186
‘‘(A)(i) Except as provided in subparagraph 
(B), the Secretary shall—
‘‘(I) allocate to each State the amount 
it received for fiscal year 1997; 
‘‘(II) allocate 85 percent of any re-
maining funds to States on the basis of 
their relative populations of children aged 3 
through 5; and 
‘‘(III) allocate 15 percent of those re-
maining funds to States on the basis of 
their relative populations of all children 
aged 3 through 5 who are living in poverty. 
‘‘(ii) For the purpose of making grants 
under this paragraph, the Secretary shall use the 
most recent population data, including data on 
children living in poverty, that are available and 
satisfactory to the Secretary. 
‘‘(B) Notwithstanding subparagraph (A), 
allocations under this paragraph shall be subject 
to the following: 
‘‘(i) No State’s allocation shall be less 
than its allocation for the preceding fiscal 
year. 
‘‘(ii) No State’s allocation shall be less 
than the greatest of—
187
‘‘(I) the sum of—
‘‘(aa) the amount it received 
for fiscal year 1997; and 
‘‘(bb) one third of one percent 
of the amount by which the 
amount appropriated under sub-
section (j) exceeds the amount ap-
propriated under this section for 
fiscal year 1997; 
‘‘(II) the sum of—
‘‘(aa) the amount it received 
for the preceding fiscal year; and 
‘‘(bb) that amount multiplied 
by the percentage by which the in-
crease in the funds appropriated 
from the preceding fiscal year ex-
ceeds 1.5 percent; or 
‘‘(III) the sum of—
‘‘(aa) the amount it received 
for the preceding fiscal year; and 
‘‘(bb) that amount multiplied 
by 90 percent of the percentage 
increase in the amount appro-
priated from the preceding fiscal 
year.
188
‘‘(iii) Notwithstanding clause (ii), no 
State’s allocation under this paragraph 
shall exceed the sum of—
‘‘(I) the amount it received for the 
preceding fiscal year; and 
‘‘(II) that amount multiplied by 
the sum of 1.5 percent and the percent-
age increase in the amount appro-
priated. 
‘‘(C) If the amount available for allocations 
under this paragraph is insufficient to pay those 
allocations in full, those allocations shall be rat-
ably 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) If the amount available 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 it received for fiscal 
year 1997; and
189
‘‘(ii) an amount that bears the same 
relation to any remaining funds as the in-
crease the State received for the preceding 
fiscal year over fiscal year 1997 bears to the 
total of all such increases for all States. 
‘‘(B) If the amount available for allocations 
is equal to or less than the amount allocated to 
the States for fiscal year 1997, each State shall 
be allocated the amount it received for that year, 
ratably reduced, if necessary. 
‘‘(d) RESERVATION FOR STATE ACTIVITIES.—
‘‘(1) IN GENERAL.—Each State may retain 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
190
‘‘(B) the percentage increase, if any, from 
the preceding fiscal year in the Consumer Price 
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 it may re-
tain 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 it retains under subsection (d) and does 
not use for administration under subsection (e)—
‘‘(1) for support services (including establishing 
and implementing the mediation and voluntary bind-
ing arbitration process required by section 615(e)), 
which may benefit children with disabilities younger
191
than 3 or older than 5 as long as those services also 
benefit children with disabilities aged 3 through 5; 
‘‘(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)(16) and to support implementa-
tion of the State plan under subpart 1 of part D if 
the State receives funds under that subpart; or 
‘‘(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 to exceed one percent of the amount 
received by the State under this section for a fiscal 
year. 
‘‘(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 it does not 
reserve under subsection (d) to local educational agen-
cies in the State that have established their eligibility 
under section 613, as follows:
192
‘‘(A) BASE
PAYMENTS.—The State shall 
first award each agency described in paragraph 
(1) the amount that agency would have received 
under this section for fiscal year 1997 if the 
State had distributed 75 percent of its grant for 
that year under section 619(c)(3), as then in ef-
fect. 
‘‘(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 agencies on the basis of 
the relative numbers of children enrolled in 
public and private elementary and sec-
ondary schools within the agency’s jurisdic-
tion; and 
‘‘(ii) allocate 15 percent of those re-
maining funds to those agencies in accord-
ance with their relative numbers of children 
living in poverty, as determined by the 
State educational agency. 
‘‘(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
193
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 agency 
to provide a free appropriate public education to 
other local educational agencies in the State that are 
not adequately providing special education and re-
lated services to all children with disabilities aged 3 
through 5 residing in the areas they 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 to the Secretary $500,000,000 for fiscal 
year 2004 and such sums as may be necessary for each sub-
sequent fiscal year.’’.
194
TITLE III—INFANTS AND 
TODDLERS WITH DISABILITIES 
SEC. 301. SECTIONS 631 THROUGH 638 OF THE INDIVIDUALS 
WITH DISABILITIES EDUCATION ACT. 
Sections 631 through 638 of the Individuals with Dis-
abilities Education Act (20 U.S.C. 1431–1438) are amend-
ed to read as follows: 
‘‘SEC. 631. FINDINGS AND POLICY. 
‘‘(a) FINDINGS.—The Congress finds that there is an 
urgent and substantial need—
‘‘(1) to enhance the development of infants and 
toddlers with disabilities and to minimize their po-
tential for developmental delay; 
‘‘(2) to reduce the educational costs to our soci-
ety, including our Nation’s schools, by minimizing 
the need for special education and related services 
after infants and toddlers with disabilities reach 
school age; 
‘‘(3) to minimize the likelihood of institutional-
ization of individuals with disabilities and maximize 
the potential for their independently living in society; 
‘‘(4) to enhance the capacity of families to meet 
the special needs of their infants and toddlers with 
disabilities; and
195
‘‘(5) to enhance the capacity of State and local 
agencies and service providers to identify, evaluate, 
and meet the needs of historically underrepresented 
populations, 
particularly 
minority, 
low-income, 
inner-city, and rural populations. 
‘‘(b) POLICY.—It is 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 their capacity to provide quality 
early intervention services and expand and improve 
existing early intervention services being provided to 
infants and toddlers with disabilities and their fami-
lies; 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.
196
‘‘SEC. 632. DEFINITIONS. 
‘‘As used in this part: 
‘‘(1) AT-RISK INFANT OR TODDLER.—The term 
‘at-risk infant or toddler’ means an individual under 
3 years of age who would be at risk of experiencing 
a substantial developmental delay if early interven-
tion services were not provided to the individual. 
‘‘(2) COUNCIL.—The term ‘council’ means a 
State interagency coordinating council established 
under section 641. 
‘‘(3) DEVELOPMENTAL DELAY.—The term ‘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 address family-identi-
fied priorities and concerns that are determined 
by individualized family service plan team to re-
197
late to enhancing the child’s development in any 
one or more of the following areas—
‘‘(i) physical development; 
‘‘(ii) cognitive development; 
‘‘(iii) communication development; 
‘‘(iv) social or emotional development; 
or 
‘‘(v) adaptive development; 
‘‘(D) meet the standards of the State in 
which they are provided, including the require-
ments of this part; 
‘‘(E) include—
‘‘(i) family training, family therapy, 
counseling, and home visits; 
‘‘(ii) special instruction; 
‘‘(iii) speech-language pathology and 
audiology services; 
‘‘(iv) occupational therapy; 
‘‘(v) physical therapy; 
‘‘(vi) psychological services; 
‘‘(vii) service coordination services; 
‘‘(viii) medical services only for diag-
nostic or evaluation purposes; 
‘‘(ix) early identification, screening, 
and assessment services;
198
‘‘(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; 
‘‘(xiii) assistive technology devices and 
assistive technology services; and 
‘‘(xiv) transportation and related costs 
that are necessary to enable an infant or 
toddler and the infant’s or toddler ’s family 
to receive another service described in this 
paragraph; 
‘‘(F) are provided by qualified personnel, 
including—
‘‘(i) special educators; 
‘‘(ii) speech-language pathologists and 
audiologists; 
‘‘(iii) occupational therapists; 
‘‘(iv) physical therapists; 
‘‘(v) psychologists; 
‘‘(vi) social workers; 
‘‘(vii) nurses; 
‘‘(viii) registered dietitians; 
‘‘(ix) family therapists;
199
‘‘(x) vision specialists, including oph-
thalmologists and optometrists; 
‘‘(xi) orientation and mobility special-
ists; and 
‘‘(xii) 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 one or 
more of the areas of cognitive development, 
physical development, communication devel-
opment, social or emotional development, 
and adaptive development; or
200
‘‘(ii) has a diagnosed physical or men-
tal condition which has a high probability 
of resulting in developmental delay; 
‘‘(B) may also include, at a State’s discre-
tion, at-risk infants and toddlers; and
‘‘(C) may also include, at a State’s discre-
tion, a child aged 3 through 5, who previously 
received services under this part and who is eli-
gible for services under section 619, if—
‘‘(i) services provided to this age group 
under this part include an educational com-
ponent that promotes school readiness and 
incorporates scientifically based pre-lit-
eracy, language, and numeracy skills; and 
‘‘(ii) parents are provided a written 
notification of their rights and responsibil-
ities in determining whether their child will 
continue to receive services under this part 
or participate in preschool programs as-
sisted under section 619. 
‘‘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,
201
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 provide assurances to the Secretary that the 
State—
‘‘(1) has adopted a policy that appropriate early 
intervention services are available to all infants and 
toddlers with disabilities in the State and their fami-
lies, including Indian infants and toddlers with dis-
abilities and their families residing on a reservation 
geographically located in the State; and 
‘‘(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 will be used by the State in carrying out 
programs under this part. 
‘‘(2) A State policy that is in effect and that en-
sures that appropriate early intervention services 
based on scientifically based research are available to 
all infants and toddlers with disabilities and their
202
families, including Indian infants and toddlers and 
their families residing on a reservation geographically 
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 
under paragraph (10) to all primary referral sources, 
especially hospitals and physicians, of information to 
be given to parents, especially to inform parents with
203
premature infants, or infants with other physical risk 
factors associated with learning or developmental 
complications, on the availability of early interven-
tion services under this part and of services under 
section 619 of this Act, and procedures for assisting 
such sources in disseminating 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 respect-
ing the basic components of early intervention serv-
ices available in the State that—
‘‘(A) shall include—
‘‘(i) implementing innovative strategies 
and activities for the recruitment and reten-
tion of early education service providers; 
‘‘(ii) promoting the preparation of 
early intervention providers who are fully 
and appropriately qualified to provide 
early intervention services under this part; 
and
204
‘‘(iii) training personnel to coordinate 
transition services for infants and toddlers 
served under this part from a program pro-
viding early intervention services under this 
part and under part B (other than section 
619), to a preschool program receiving 
funds under section 619, or another appro-
priate program; and 
‘‘(B) may include—
‘‘(i) training personnel to work in 
rural and inner-city areas; and 
‘‘(ii) training personnel in the emo-
tional and social development of young chil-
dren. 
‘‘(9) Subject to subsection (b), policies and proce-
dures relating to the establishment 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 that are consistent 
with any State-approved or recognized certification, 
licensing, registration, or other comparable require-
ments that apply to the area in which such personnel 
are providing early intervention services.
205
‘‘(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 
resolution of any disputes among public agencies 
or service providers; 
‘‘(E) the resolution of intra- and inter-
agency disputes; and
206
‘‘(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. 
‘‘(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)—
207
‘‘(A) to the maximum extent appropriate, 
early intervention services are provided in nat-
ural environments; and 
‘‘(B) the provision of early intervention 
services for any infant or toddler occurs in a set-
ting other than a natural environment only 
when early intervention cannot be achieved satis-
factorily for the infant or toddler in a natural 
environment. 
‘‘(b) POLICY.—In implementing subsection (a)(9), a 
State may adopt a policy that includes making ongoing 
good-faith efforts to recruit and hire appropriately and ade-
quately trained personnel to provide early intervention 
services to infants and toddlers with disabilities, including, 
in a geographic area of the State where there is a shortage 
of such personnel, the most qualified individuals available 
who are making satisfactory progress toward completing 
applicable course work necessary to meet the standards de-
scribed in subsection (a)(9), consistent with State law with-
in 3 years.
‘‘(c) TREATMENT OF CHILDREN AGED 3 THROUGH 
5.—
‘‘(1) IN GENERAL.—If a State includes children 
described in section 632(5)(C) in the system described 
in section 633, the State shall be considered to have
208
fulfilled any obligation under part B with respect to 
the provision of a free appropriate public education 
to those children during the period in which they are 
receiving services under this part. 
‘‘(2) CONSTRUCTION.—Nothing in paragraph (1) 
shall be construed to alter or diminish the rights and 
protections afforded under this part to children de-
scribed in such paragraph. 
‘‘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-
209
scription of the appropriate transition services for the 
child’s entrance in school. 
‘‘(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;
210
‘‘(3) a statement of the major goals expected to 
be achieved for the infant or toddler and the family, 
including pre-literacy and language skills, as develop-
mentally appropriate for the child, and the criteria, 
procedures, and timelines used to determine the degree 
to which progress toward achieving the goals is being 
made and whether modifications or revisions of the 
goals or services are necessary; 
‘‘(4) a statement of specific early intervention 
services based on peer-reviewed research, to the extent 
practicable, necessary to meet the unique needs of the 
infant or toddler and the family, including the fre-
quency, intensity, and method of delivering services; 
‘‘(5) a statement of the natural environments in 
which early intervention services 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-
211
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 
‘‘(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;
212
‘‘(2) a designation of an individual or entity re-
sponsible for assigning financial responsibility among 
appropriate agencies; 
‘‘(3) information demonstrating eligibility of the 
State under section 634, including 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 statewide system, a de-
scription of such services; 
‘‘(5) a description of the State policies and pro-
cedures requiring the referral of a child under the age 
3 who is involved in a substantiated case of child 
abuse or neglect consistent with section 635(a)(5) or 
who is born and identified with fetal alcohol effects, 
fetal alcohol syndrome, neonatal intoxication, or neo-
natal physical or neurological harm resulting from 
prenatal drug exposure; 
‘‘(6) a description of the uses for which funds 
will be expended in accordance with this part; 
‘‘(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
213
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 to preschool or other appropriate serv-
ices, including a description of how—
‘‘(i) the families of such toddlers will 
be included in the transition plans required 
by subparagraph (C); and 
‘‘(ii) the lead agency designated or es-
tablished under section 635(a)(10) will—
‘‘(I) notify the local educational 
agency for the area in which such a 
child resides that the child will shortly 
reach the age of eligibility for 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-
214
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, up to 6 months) before the 
child is eligible for the preschool serv-
ices, 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 
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;
215
‘‘(10) a description of State efforts to promote 
collaboration between Early Head Start programs, 
child care, and services under part C of this Act; and 
‘‘(11) such other information and assurances as 
the Secretary may reasonably require. 
‘‘(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 
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 records and affording 
such access to them as the Secretary may find
216
necessary 
to 
ensure 
the 
correctness 
and 
verification of those 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; 
‘‘(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, and rural families, in 
the planning and implementation of all the require-
ments of this part; and
217
‘‘(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 this part (as in effect before the date of the enactment 
of the Improving Education Results for Children With Dis-
abilities Act of 2003), 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.
218
‘‘(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. 
‘‘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
219
disabilities from their third birthday to the beginning 
of the following school year; and 
‘‘(4) 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-
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 followup 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. 302. SECTIONS 641 THROUGH 645 OF THE INDIVIDUALS 
WITH DISABILITIES EDUCATION ACT. 
Sections 641 through 645 of the Individuals with Dis-
abilities Education Act (20 U.S.C. 1441–1445) are amend-
ed to read as follows:
220
‘‘SEC. 641. STATE INTERAGENCY COORDINATING COUNCIL. 
‘‘(a) ESTABLISHMENT.—
‘‘(1) IN GENERAL.—A State that desires to re-
ceive financial assistance under this part shall estab-
lish a State interagency coordinating council. 
‘‘(2) APPOINTMENT.—The council shall be ap-
pointed by the Governor. In making appointments to 
the council, the Governor shall ensure that the mem-
bership of the council reasonably represents the 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 one such member shall
221
be a parent of an infant or toddler with a dis-
ability or a child with a disability aged 6 or 
younger. 
‘‘(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 one 
member shall be from the State legislature. 
‘‘(D) PERSONNEL PREPARATION.—At least 
one member shall be involved in personnel prepa-
ration. 
‘‘(E) AGENCY
FOR
EARLY
INTERVENTION 
SERVICES.—At least one member shall be from 
each of the State agencies involved in the provi-
sion of, or payment for, early intervention serv-
ices to infants and toddlers with disabilities and 
their families and shall have sufficient authority 
to engage in policy planning and implementa-
tion on behalf of such agencies. 
‘‘(F) AGENCY FOR PRESCHOOL SERVICES.—
At least one 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.
222
‘‘(G) AGENCY FOR HEALTH INSURANCE.—At 
least one member shall be from the agency re-
sponsible for the State governance of health in-
surance. 
‘‘(H) HEAD START AGENCY.—At least one 
representative from a Head Start agency or pro-
gram in the State. 
‘‘(I) CHILD
CARE
AGENCY.—At least one 
representative from a State agency responsible 
for child care.
‘‘(J) MENTAL
HEALTH
AGENCY.—At least 
one representative from the State agency respon-
sible for children’s mental health. 
‘‘(K) CHILD
WELFARE
AGENCY.—At least 
one representative from the State agency respon-
sible for child protective services. 
‘‘(L) OFFICE
OF
THE
COORDINATOR
FOR 
THE EDUCATION OF HOMELESS CHILDREN AND 
YOUTH.—At least one representative designated 
by the Office of the Coordinator. 
‘‘(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-
223
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 it deems necessary. The meetings 
shall be publicly announced, and, to the extent appropriate, 
open and accessible to the general public. 
‘‘(d) MANAGEMENT AUTHORITY.—Subject to the ap-
proval of the Governor, the council may prepare and ap-
prove a budget using funds under this part to conduct hear-
ings and forums, to reimburse members of the council for 
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-
224
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 
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
225
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 would provide direct 
financial benefit to that member or otherwise give the ap-
pearance 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—
‘‘(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.
226
‘‘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 up to one percent for payments to 
Guam, American Samoa, the Virgin Islands, and the 
Commonwealth of the Northern Mariana Islands in 
accordance with their respective needs. 
‘‘(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 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
227
be 1.25 percent of the aggregate of the amount avail-
able 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 
residing on the reservation, as determined annually, 
divided by the total number 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-
228
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. 
‘‘(5) REPORTS.—To be eligible to receive a grant 
under paragraph (2), a tribe, tribal organization, or 
consortium shall make an annual 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 year following the year in which 
the report is made. The Secretary of the Interior shall 
include a summary of this information on an annual 
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-
229
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 
subsections (a) and (b), the Secretary shall first allot 
to each State an amount that bears the same ratio to 
the amount of such remainder as the number of in-
fants and toddlers in the State bears to the number 
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) one-half of one percent of the remain-
ing 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.
230
‘‘(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 they were reduced. 
‘‘(4) DEFINITIONS.—For the purpose of this sub-
section—
‘‘(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. 
‘‘SEC. 644. AUTHORIZATION OF APPROPRIATIONS. 
‘‘For the purpose of carrying out this part, there are 
authorized to be appropriated $447,000,000 for fiscal year 
2004 and such sums as may be necessary for each of the 
fiscal years 2005 through 2009.’’.
231
TITLE IV—NATIONAL ACTIVITIES 
TO IMPROVE EDUCATION OF 
CHILDREN 
WITH 
DISABIL-
ITIES 
SEC. 401. NATIONAL ACTIVITIES TO IMPROVE EDUCATION 
OF CHILDREN WITH DISABILITIES. 
Part D of the Individuals with Disabilities Education 
Act (20 U.S.C. 1451 et seq.) is amended to read as follows:
‘‘PART D—NATIONAL ACTIVITIES TO IMPROVE 
EDUCATION OF CHILDREN WITH DISABILITIES 
‘‘SEC. 651. FINDINGS. 
‘‘The 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.
232
‘‘(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 standards 
and clear achievement goals for children, con-
sistent with the standards and expectations for 
all students in the educational system, and pro-
vide for appropriate and effective strategies and 
methods to ensure that all children with disabil-
ities have the opportunity to achieve those stand-
ards 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, as de-
scribed in section 602(31), and coordinate State 
and local education, social, health, mental 
health, and other services, to address the full 
range of student needs, particularly the needs of
233
children with disabilities who need significant 
levels of support to participate and learn in 
school and the community. 
‘‘(5) The availability of an adequate number of 
qualified personnel is critical in order to serve effec-
tively children with disabilities, fill leadership posi-
tions in administrative and direct-service capacities, 
provide teacher training, and conduct high-quality re-
search to improve special education. 
‘‘(6) High-quality, comprehensive professional 
development programs are essential to ensure that the 
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.
234
‘‘(9) A comprehensive research agenda should be 
established and pursued to promote the highest qual-
ity and rigor in research on special education and re-
lated services, and to address the full range of issues 
facing children with disabilities, parents of children 
with disabilities, school personnel, and others. 
‘‘(10) Technical assistance, support, and dissemi-
nation activities are necessary to ensure that parts B 
and C are fully implemented and achieve quality 
early intervention, educational, and transitional re-
sults for children with disabilities and their families. 
‘‘(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) creating and preserving constructive 
relationships between parents of children with 
disabilities and schools by facilitating open com-
235
munication between such parents and schools, 
encouraging dispute resolution at the earliest 
point in time possible, and discouraging the es-
calation of an adversarial process between such 
parents and schools; 
‘‘(B) ensuring the involvement of such par-
ents in planning and decision-making with re-
spect to early intervention, educational, and 
transitional services; 
‘‘(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 602(31); 
‘‘(F) supporting the roles of such parents as 
participants within partnerships seeking to im-
prove early intervention, educational, and tran-
236
sitional services and results for children with 
disabilities and their families; and 
‘‘(G) supporting those 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 into the lives of 
children with disabilities, parents of children with 
disabilities, school personnel, and others through cur-
ricula, services, and assistive technologies. 
‘‘Subpart 1—State Professional Development Grants 
‘‘SEC. 652. PURPOSE. 
‘‘The purpose of this subpart is to assist State edu-
cational agencies in reforming and improving their systems 
for professional development in early intervention, edu-
cational, and related and transition services in order to im-
prove results for children with disabilities. 
‘‘SEC. 653. ELIGIBILITY AND COLLABORATIVE PROCESS. 
‘‘(a) ELIGIBLE APPLICANTS.—A State educational 
agency may apply for a grant under this subpart for a pe-
riod of not less than 1 year and not more than 5 years. 
‘‘(b) PARTNERS.—
‘‘(1) REQUIRED PARTNERS.—In order to be con-
sidered for a grant under this subpart, a State edu-
cational agency shall enter into a partnership agree-
237
ment with local educational agencies, at least one in-
stitution of higher education in the State, and other 
State agencies involved in, or concerned with, the 
education of children with disabilities. 
‘‘(2) OPTIONAL PARTNERS.—In addition, a State 
educational agency may enter into a partnership 
agreement with any of the following: 
‘‘(A) The Governor. 
‘‘(B) Parents of children with disabilities 
ages birth through 26. 
‘‘(C) Parents of nondisabled children ages 
birth through 26. 
‘‘(D) Individuals with disabilities. 
‘‘(E) Organizations representing individ-
uals with disabilities and their parents, such as 
parent training and information centers. 
‘‘(F) Community-based and other nonprofit 
organizations involved in the education and em-
ployment of individuals with disabilities. 
‘‘(G) The lead State agency for part C. 
‘‘(H) General and special education teach-
ers, related services personnel, and early inter-
vention personnel. 
‘‘(I) The State advisory panel established 
under part C.
238
‘‘(J) The State interagency coordinating 
council established under part C. 
‘‘(K) Institutions of higher education within 
the State. 
‘‘(L) Individuals knowledgeable about voca-
tional education. 
‘‘(M) The State agency for higher education. 
‘‘(N) The State vocational rehabilitation 
agency. 
‘‘(O) Public agencies with jurisdiction in 
the areas of health, mental health, social services, 
and juvenile justice. 
‘‘(P) Other providers of professional devel-
opment that work with students with disabilities. 
‘‘(Q) Other individuals. 
‘‘SEC. 654. 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 addresses the State and local needs 
for the professional development of administrators,
239
principals, teachers, related services personnel, and 
individuals who provide direct supplementary aids 
and services to children with disabilities, and that—
‘‘(A) is integrated, to the maximum extent 
possible, with State plans under the Elementary 
and Secondary Education Act of 1965, the Reha-
bilitation Act of 1973, and the Higher Education 
Act of 1965, as appropriate; and 
‘‘(B) is designed to enable the State to meet 
the requirements of section 612(a)(15) of this 
Act. 
‘‘(b) ELEMENTS OF STATE PLAN.—Each State plan 
shall—
‘‘(1) describe a partnership agreement that—
‘‘(A) specifies—
‘‘(i) the nature and extent of the part-
nership among the State educational agen-
cy, local educational agencies, and other 
State agencies involved in, or concerned 
with, the education of children with disabil-
ities, and the respective roles of each mem-
ber of the partnership; and 
‘‘(ii) how such agencies will work in 
partnership with other persons and organi-
zations involved in, and concerned with, the
240
education of children with disabilities, in-
cluding the respective roles of each of these 
persons and organizations; and 
‘‘(B) is in effect for the period of the grant; 
‘‘(2) describe how grant funds, including part B 
funds retained for use at the State level under sections 
611(e) and 619(d), and other Federal funds will be 
used to support activities conducted under this sub-
part; 
‘‘(3) describe the strategies the State will use to 
implement the plan to improve results for children 
with disabilities, including—
‘‘(A) how the State will align its profes-
sional development plan with the plans sub-
mitted by the State under sections 1111 and 
2112 of the Elementary and Secondary Edu-
cation Act of 1965; 
‘‘(B) how the State will provide technical 
assistance to local educational agencies and 
schools to improve the quality of professional de-
velopment available to meet the needs of per-
sonnel that serve children with disabilities; and 
‘‘(C) how the State will assess, on a regular 
basis, the extent to which the strategies imple-
mented under this subpart have been effective in
241
meeting the achievement goals and indicators in 
section 612(a)(16); 
‘‘(4) describe, as appropriate, how the strategies 
described in paragraph (3) will be coordinated with 
public and private sector resources; and 
‘‘(5) include an assurance that the State will use 
funds received under this subpart to carry out each 
of the activities specified in the plan. 
‘‘(c) COMPETITIVE AWARDS.—
‘‘(1) IN
GENERAL.—The Secretary shall make 
grants under this subpart on a competitive basis. 
‘‘(2) PRIORITY.—The Secretary may give pri-
ority to applications on the basis of need. 
‘‘(d) PEER REVIEW.—
‘‘(1) IN GENERAL.—The Secretary shall evaluate 
applications under this subpart using a panel of ex-
perts who are qualified by virtue of their training, ex-
pertise, or experience. 
‘‘(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. 
‘‘(3) PAYMENT OF FEES AND EXPENSES OF CER-
TAIN MEMBERS.—The Secretary may use available 
funds appropriated to carry out this subpart to pay
242
the expenses and fees of panel members who are not 
employees of the Federal Government. 
‘‘(e) 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—
‘‘(1) describe the progress of the State in imple-
menting its plan; 
‘‘(2) analyze the effectiveness of the State’s ac-
tivities under this subpart and of the State’s strate-
gies for meeting its goals under section 612(a)(16); 
and 
‘‘(3) identify any changes in such strategies 
needed to improve its performance. 
‘‘SEC. 655. USE OF FUNDS. 
‘‘(a) IN GENERAL.—
‘‘(1) ACTIVITIES.—A State educational agency 
that receives a grant under this subpart shall use the 
grant funds, subject to subsection (b), for the fol-
lowing: 
‘‘(A) PROFESSIONAL DEVELOPMENT.—
‘‘(i) Carrying out programs that sup-
port the professional development of early 
intervention personnel, related services per-
sonnel, and both special education and reg-
243
ular education teachers of children with dis-
abilities, such as programs that—
‘‘(I) provide teacher mentoring, 
team teaching, reduced class schedules, 
and intensive professional development; 
‘‘(II) use standards or assessments 
for guiding beginning teachers that are 
consistent with challenging State stu-
dent academic achievement standards 
and with the definition of professional 
development in section 9101 of the Ele-
mentary and Secondary Education Act 
of 1965; 
‘‘(III) promote collaborative and 
consultive models of providing special 
education ad related services; and 
‘‘(IV) increase understanding as 
to the most appropriate placements 
and services for all students to reduce 
significant 
racial 
and 
ethnic 
disproportionality in eligibility, place-
ment, and disciplinary actions. 
‘‘(ii) Encouraging and supporting the 
training of special education and regular 
education teachers and administrators to ef-
244
fectively integrate technology into curricula 
and instruction, including training to im-
prove the ability to collect, manage, and 
analyze data to improve teaching, decision-
making, school improvement efforts, and ac-
countability. 
‘‘(iii) Providing professional develop-
ment activities that improve the knowledge 
of special education and regular education 
teachers concerning—
‘‘(I) the academic and develop-
mental needs of students with disabil-
ities; and 
‘‘(II) effective instructional strate-
gies, methods, and skills, use of chal-
lenging State academic content stand-
ards and student academic achieve-
ment standards, and use of State as-
sessments, to improve teaching prac-
tices and student academic achieve-
ment. 
‘‘(iv) Providing professional develop-
ment activities that—
‘‘(I) improve the knowledge of spe-
cial education and regular education
245
teachers and principals and, in appro-
priate cases, related services personnel 
and paraprofessionals, concerning ef-
fective instructional practices; 
‘‘(II) provide training in how to 
teach and address the needs of students 
with different learning styles; 
‘‘(III) involve collaborative groups 
of teachers and administrators; 
‘‘(IV) provide training in methods 
of—
‘‘(aa) positive behavior inter-
ventions and supports to improve 
student behavior in the classroom; 
‘‘(bb) 
scientifically 
based 
reading 
instruction, 
including 
early literacy instruction; and 
‘‘(cc) early and appropriate 
interventions to identify and help 
students with disabilities; 
‘‘(V) provide training to enable 
special education and regular edu-
cation teachers, related services per-
sonnel, and principals to involve par-
ents in their child’s education, espe-
246
cially parents of low-income and lim-
ited English proficient children with 
disabilities; or 
‘‘(VI) train administrators and 
other relevant school personnel in con-
ducting facilitated individualized edu-
cation program meetings. 
‘‘(v) Developing and implementing ini-
tiatives to promote retention of highly 
qualified special education teachers, includ-
ing programs that provide—
‘‘(I) teacher mentoring from exem-
plary special education teachers, prin-
cipals, or superintendents; 
‘‘(II) induction and support for 
special education teachers during their 
first 3 years of employment as teach-
ers; or 
‘‘(III) incentives, including finan-
cial incentives, to retain special edu-
cation teachers who have a record of 
success in helping students with dis-
abilities 
improve 
their 
academic 
achievement.
247
‘‘(vi) Carrying out programs and ac-
tivities that are designed to improve the 
quality of the teacher force that serves chil-
dren with disabilities, such as—
‘‘(I) innovative professional devel-
opment programs (which may be pro-
vided through partnerships including 
institutions of higher education), in-
cluding programs that train teachers 
and principals to integrate technology 
into curricula and instruction to im-
prove teaching, learning, and tech-
nology literacy, are consistent with the 
requirements of section 9101 of the Ele-
mentary and Secondary Education Act 
of 1965, and are coordinated with ac-
tivities carried out under this part; 
and 
‘‘(II) development and use of 
proven, cost-effective strategies for the 
implementation of professional develop-
ment activities, such as through the use 
of technology and distance learning. 
‘‘(B) STATE ACTIVITIES.—
248
‘‘(i) Reforming special education and 
regular education teacher certification (in-
cluding recertification) or licensing require-
ments to ensure that—
‘‘(I) special education and regular 
education teachers have the training 
and information necessary, including 
an understanding of the latest scientif-
ically valid education research and its 
applicability, to address the wide vari-
ety of needs of children with disabil-
ities across disability categories; 
‘‘(II) special education and reg-
ular education teachers have the nec-
essary subject matter knowledge and 
teaching skills in the academic subjects 
that the teachers teach; 
‘‘(III) special education and reg-
ular education teacher certification 
(including recertification) or licensing 
requirements are aligned with chal-
lenging State academic content stand-
ards; and 
‘‘(IV) special education and reg-
ular education teachers have the subject
249
matter knowledge and teaching skills, 
including 
technology 
literacy, 
nec-
essary to help students meet chal-
lenging 
State 
student 
academic 
achievement standards. 
‘‘(ii) Carrying out programs that es-
tablish, expand, or improve alternative 
routes for State certification of special edu-
cation teachers for individuals who dem-
onstrate the potential to become highly effec-
tive special education teachers, such as indi-
viduals with a baccalaureate or master’s de-
gree (including mid-career professionals 
from other occupations), paraprofessionals, 
former military personnel, and recent col-
lege or university graduates with records of 
academic distinction. 
‘‘(iii) Carrying out teacher advance-
ment initiatives for special education teach-
ers that promote professional growth and 
emphasize multiple career paths (such as 
paths to becoming a career teacher, mentor 
teacher, or exemplary teacher) and pay dif-
ferentiation.
250
‘‘(iv) Developing and implementing 
mechanisms to assist local educational 
agencies and schools in effectively recruiting 
and retaining highly qualified special edu-
cation teachers. 
‘‘(v) Reforming tenure systems, imple-
menting teacher testing for subject matter 
knowledge, and implementing teacher test-
ing for State certification or licensing, con-
sistent with title II of the Higher Education 
Act of 1965. 
‘‘(vi) Developing and implementing 
mechanisms to assist schools in effectively 
recruiting and retaining highly qualified 
special education teachers. 
‘‘(vii) Funding projects to promote rec-
iprocity of teacher certification or licensing 
between or among States for special edu-
cation teachers, except that no reciprocity 
agreement developed under this clause or de-
veloped using funds provided under this 
subpart may lead to the weakening of any 
State teaching certification or licensing re-
quirement.
251
‘‘(viii) 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 programs 
that are both cost-effective and easily acces-
sible, such as strategies that involve delivery 
through the use of technology, peer networks, 
and distance learning. 
‘‘(ix) Developing, or assisting local 
educational agencies in developing, merit-
based performance systems, and strategies 
that provide differential and bonus pay for 
special education teachers. 
‘‘(x) Supporting activities that ensure 
that teachers are able to use challenging 
State academic content standards and stu-
dent academic achievement standards, and 
State assessments, to improve instructional 
practices 
and 
improve 
the 
academic 
achievement of children with disabilities. 
‘‘(xi) Coordinating with, and expand-
ing, 
centers 
established 
under 
section 
2113(c)(18) of the Elementary and Sec-
252
ondary Education Act of 1965 to benefit 
special education teachers. 
‘‘(2) CONTRACTS AND SUBGRANTS.—Each such 
State educational agency—
‘‘(A) shall, consistent with its partnership 
agreement under section 654(b)(1), award con-
tracts or subgrants to local educational agencies, 
institutions of higher education, and parent 
training and information centers, as appro-
priate, to carry out its State plan under this 
subpart; and 
‘‘(B) may award contracts and subgrants to 
other public and private entities, including the 
lead agency under part C, to carry out such 
plan. 
‘‘(b) USE OF FUNDS FOR PROFESSIONAL DEVELOP-
MENT.—A State educational agency that receives a grant 
under this subpart shall use—
‘‘(1) not less than 90 percent of the funds it re-
ceives under the grant for any fiscal year for activi-
ties under subsection (a)(1)(A); and 
‘‘(2) not more than 10 percent of the funds it re-
ceives under the grant for any fiscal year for activi-
ties under subsection (a)(1)(B).
253
‘‘(c) 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. 656. STATE GRANT AMOUNTS. 
‘‘(a) IN GENERAL.—The Secretary shall make a grant 
to each State educational agency whose application the Sec-
retary has selected for funding under this subpart in an 
amount for each fiscal year that is—
‘‘(1) not less than $500,000, nor more than 
$2,000,000, in the case of the 50 States, the District 
of Columbia, and the Commonwealth of Puerto Rico; 
and 
‘‘(2) not less than $80,000, in the case of an out-
lying area. 
‘‘(b) FACTORS.—The Secretary shall set the amount of 
each grant under subsection (a) after considering—
‘‘(1) the amount of funds available for making 
the grants; 
‘‘(2) the relative population of the State or out-
lying area; and 
‘‘(3) the types of activities proposed by the State 
or outlying area, including—
‘‘(A) the alignment of proposed activities 
with paragraphs (14) and (15) of section 612(a);
254
‘‘(B) the alignment of proposed activities 
with the plans submitted under sections 1111 
and 2112 of the Elementary and Secondary 
Education Act of 1965; and 
‘‘(C) the use, as appropriate, of scientif-
ically based research. 
‘‘SEC. 657. AUTHORIZATION OF APPROPRIATIONS. 
‘‘There are authorized to be appropriated to carry out 
this subpart $44,000,000 for fiscal year 2004 and such sums 
as may be necessary for each of the fiscal years 2005 
through 2009. 
‘‘Subpart 2—Scientifically Based Research; Technical 
Assistance; Model Demonstration Projects; Dis-
semination of Information; and Personnel Prepa-
ration Programs 
‘‘SEC. 661. PURPOSE. 
‘‘The purpose of this subpart is to provide Federal 
funding for scientifically based research, technical assist-
ance, model demonstration projects, information dissemina-
tion, and personnel preparation programs to improve early 
intervention, educational, and transitional results for chil-
dren with disabilities. 
‘‘SEC. 662. ADMINISTRATIVE PROVISIONS. 
‘‘(a) COMPREHENSIVE PLAN.—
255
‘‘(1) IN GENERAL.—The Secretary shall develop 
and implement a comprehensive plan for activities 
carried out under this subpart (other than section 
663) in order to enhance the provision of educational, 
related, transitional, and early intervention services 
to children with disabilities under parts B and C. 
The plan shall include mechanisms to address edu-
cational, related services, transitional, and early 
intervention needs identified by State educational 
agencies in applications submitted under subpart 1. 
‘‘(2) PUBLIC
COMMENT.—The Secretary shall 
provide a public comment period of at least 30 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 to carry out activities that 
benefit, directly or indirectly, children with disabil-
ities of all ages. 
‘‘(4) REPORTS
TO
CONGRESS.—The Secretary 
shall annually report to the Congress on the Sec-
retary’s activities under this subsection, including an 
initial report not later than the date that is 12 
months after the date of the enactment of Improving
256
Education Results for Children With Disabilities Act 
of 2003. 
‘‘(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. 
‘‘(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 (25 U.S.C. 450b)). 
‘‘(I) A for-profit organization if the Sec-
retary finds it appropriate given the specific 
purpose of the competition. 
‘‘(2) SPECIAL RULE.—The Secretary may limit 
the entities eligible for an award of a grant, contract,
257
or cooperative agreement to one or more categories of 
eligible 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, the Secretary shall, as ap-
propriate, require an applicant to demonstrate how 
the applicant will address the needs of children with 
disabilities from minority backgrounds. 
‘‘(2) REQUIRED OUTREACH AND TECHNICAL AS-
SISTANCE.—Notwithstanding any other provision of 
this Act, the Secretary shall reserve at least two per-
cent of the total amount of funds appropriated to 
carry out this subpart for either or both of the fol-
lowing activities: 
‘‘(A) Providing outreach and technical as-
sistance to historically black colleges and univer-
sities, 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) Enabling historically black colleges 
and universities, and the institutions described 
in subparagraph (A), to assist other colleges,
258
universities, institutions, and agencies in im-
proving educational and transitional results for 
children with disabilities, if such grant appli-
cants meet the criteria established by the Sec-
retary under this subpart. 
‘‘(d) PRIORITIES.—The Secretary, in making an 
award of a grant, contract, or cooperative agreement under 
this subpart, may, without regard to the rulemaking proce-
dures under section 553 of title 5, United States Code, limit 
competitions to, or otherwise give priority to—
‘‘(1) projects that address one 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—
259
‘‘(A) low-achieving students; 
‘‘(B) underserved populations; 
‘‘(C) children from low-income families; 
‘‘(D) children with limited English pro-
ficiency; 
‘‘(E) unserved and underserved areas; 
‘‘(F) rural or urban areas; 
‘‘(G) children whose behavior interferes with 
their learning and socialization; 
‘‘(H) children with intractable reading dif-
ficulties; and 
‘‘(I) children in public charter schools; 
‘‘(4) projects to reduce inappropriate identifica-
tion of children as children with disabilities, particu-
larly among minority children; and 
‘‘(5) any activity that is expressly authorized in 
this subpart or subpart 3. 
‘‘(e) APPLICANT AND RECIPIENT RESPONSIBILITIES.—
‘‘(1) 
DEVELOPMENT
AND
ASSESSMENT
OF 
PROJECTS.—The Secretary shall require that an ap-
plicant for, and a recipient of, a grant, contract, or 
cooperative agreement for a project under this sub-
part—
‘‘(A) involve individuals with disabilities, 
or parents of individuals with disabilities ages
260
birth through 26, in planning, implementing, 
and evaluating the project; and 
‘‘(B) where appropriate, determine whether 
the project has any potential for replication and 
adoption by other entities. 
‘‘(2) ADDITIONAL RESPONSIBILITIES.—The Sec-
retary may require a recipient of a grant, contract, 
or cooperative agreement for a project under this sub-
part—
‘‘(A) to share in the cost of the project; 
‘‘(B) to prepare the research and evaluation 
findings and products from the project in for-
mats that are useful for specific audiences, in-
cluding parents, administrators, teachers, early 
intervention personnel, related services personnel, 
and individuals with disabilities; 
‘‘(C) to disseminate such findings and prod-
ucts; and 
‘‘(D) to collaborate with other such recipi-
ents in carrying out subparagraphs (B) and (C). 
‘‘(f) APPLICATION MANAGEMENT.—
‘‘(1) STANDING PANEL.—
‘‘(A) IN GENERAL.—The Secretary shall es-
tablish and use a standing panel of experts who 
are qualified, by virtue of their training, exper-
261
tise, or experience, to evaluate applications 
under this subpart (other than section 663) that, 
individually, request more than $75,000 per year 
in Federal financial assistance. 
‘‘(B) MEMBERSHIP.—The standing panel 
shall include, at a minimum—
‘‘(i) individuals who are representa-
tives of institutions of higher education that 
plan, develop, and carry out high-quality 
programs of personnel preparation; 
‘‘(ii) individuals who design and carry 
out scientifically-based research targeted to 
the improvement of special education pro-
grams and services; 
‘‘(iii) individuals who have recognized 
experience and knowledge necessary to inte-
grate and apply scientifically-based research 
findings to improve educational and transi-
tional results for children with disabilities; 
‘‘(iv) individuals who administer pro-
grams at the State or local level in which 
children with disabilities participate; 
‘‘(v) individuals who prepare parents 
of children with disabilities to participate
262
in making decisions about the education of 
their children; 
‘‘(vi) individuals who establish policies 
that affect the delivery of services to chil-
dren with disabilities; 
‘‘(vii) individuals who are parents of 
children with disabilities ages birth through 
26 who are benefiting, or have benefited, 
from coordinated research, personnel prepa-
ration, and technical assistance; and 
‘‘(viii) individuals with disabilities. 
‘‘(C) TERM.—No individual shall serve on 
the standing panel for more than 3 consecutive 
years. 
‘‘(2) PEER-REVIEW
PANELS
FOR
PARTICULAR 
COMPETITIONS.—
‘‘(A) COMPOSITION.—The Secretary shall 
ensure that each subpanel selected from the 
standing panel that reviews applications under 
this subpart (other than section 663) includes—
‘‘(i) individuals with knowledge and 
expertise on the issues addressed by the ac-
tivities authorized by the subpart; and 
‘‘(ii) to the extent practicable, parents 
of children with disabilities ages birth
263
through 26, individuals with disabilities, 
and persons from diverse backgrounds. 
‘‘(B) FEDERAL EMPLOYMENT LIMITATION.—
A majority of the individuals on each subpanel 
that reviews an application under this subpart 
(other than section 663) shall be individuals who 
are not employees of the Federal Government. 
‘‘(3) USE OF DISCRETIONARY FUNDS FOR ADMIN-
ISTRATIVE PURPOSES.—
‘‘(A) EXPENSES
AND
FEES
OF
NON-FED-
ERAL PANEL MEMBERS.—The Secretary may use 
funds available under this subpart to pay the ex-
penses and fees of the panel members who are not 
officers or employees of the Federal Government. 
‘‘(B) ADMINISTRATIVE SUPPORT.—The Sec-
retary may use not more than 1 percent of the 
funds appropriated to carry out this subpart to 
pay non-Federal entities for administrative sup-
port related to management of applications sub-
mitted under this subpart. 
‘‘(g) PROGRAM EVALUATION.—The Secretary may use 
funds appropriated to carry out this subpart to evaluate 
activities carried out under the subpart. 
‘‘(h) MINIMUM FUNDING REQUIRED.—
264
‘‘(1) IN GENERAL.—Subject to paragraph (2), the 
Secretary shall ensure that, for each fiscal year, at 
least the following amounts are provided under this 
subpart to address the following needs: 
‘‘(A) $12,832,000 to address the edu-
cational, related services, transitional, and early 
intervention needs of children with deaf-blind-
ness. 
‘‘(B) $4,000,000 to address the postsec-
ondary, vocational, technical, continuing, and 
adult education needs of individuals with deaf-
ness. 
‘‘(C) $4,000,000 to address the educational, 
related services, and transitional needs of chil-
dren with an emotional disturbance and those 
who are at risk of developing an emotional dis-
turbance. 
‘‘(2) RATABLE REDUCTION.—If the total amount 
appropriated to carry out this subpart for any fiscal 
year is less than $130,000,000, the amounts listed in 
paragraph (1) shall be ratably reduced. 
‘‘(i) ELIGIBILITY FOR FINANCIAL ASSISTANCE.—Effec-
tive for fiscal years for which the Secretary may make 
grants under section 619(b), no State or local educational 
agency or educational service agency or other public insti-
265
tution or agency may receive a grant under this subpart 
which relates exclusively to programs, projects, and activi-
ties pertaining to children aged 3 through 5, inclusive, un-
less the State is eligible to receive a grant under section 
619(b).
‘‘SEC. 663. RESEARCH TO IMPROVE RESULTS FOR CHIL-
DREN WITH DISABILITIES. 
‘‘(a) NATIONAL CENTER FOR SPECIAL EDUCATION RE-
SEARCH.—
‘‘(1) ESTABLISHMENT.—
‘‘(A) IN GENERAL.—There is established, in 
the Institute of Education Sciences established 
under section 111 of the Education Sciences Re-
form Act of 2002 (Public Law 107–279; 116 
Stat. 1944) (hereinafter in this section referred 
to as ‘the Institute’), the National Center for 
Special Education Research. 
‘‘(B) COMMISSIONER.—The National Center 
for Special Education Research shall be headed 
by a Commissioner for Special Education Re-
search (hereinafter in this section referred to as 
‘the Commissioner’). The Commissioner shall be 
appointed by the Director of the Institute (here-
inafter in this section referred to as ‘the Direc-
tor’) in accordance with section 117 of the Edu-
266
cation Sciences Reform Act of 2002. The Com-
missioner shall have substantial knowledge of the 
Center’s activities, including a high level of ex-
pertise in the fields of research and research 
management. 
‘‘(2) APPLICABILITY OF EDUCATION SCIENCE RE-
FORM ACT OF 2002.—Parts A and E of the Education 
Sciences Reform Act of 2002, as well as the standards 
for peer review of applications and for the conduct 
and evaluation of research under sections 133(a) and 
134 of such Act, shall apply to the Secretary, the Di-
rector, and the Commissioner in carrying out this sec-
tion. 
‘‘(b) COMPETITIVE GRANTS.—The Director shall make 
competitive grants to, or enter into contracts or cooperative 
agreements with, eligible entities to expand the fundamental 
knowledge and understanding of the education of infants, 
toddlers, and children with disabilities in order to improve 
educational results for such individuals, in accordance with 
the priorities determined under this section. 
‘‘(c) AUTHORIZED ACTIVITIES.—Activities that may 
be carried out under this section include research activi-
ties—
267
‘‘(1) to improve services provided under this Act 
in order to improve academic achievement for chil-
dren with disabilities; 
‘‘(2) to investigate scientifically based edu-
cational practices that support learning and improve 
academic achievement and progress for all students 
with disabilities; 
‘‘(3) to examine the special needs of preschool-
aged children and infants and toddlers with disabil-
ities, including factors that may result in develop-
mental delays; 
‘‘(4) to investigate scientifically based related 
services and interventions that promote participation 
and progress in the general education curriculum; 
‘‘(5) to improve the alignment, compatibility, 
and development of valid and reliable assessment 
methods for assessing adequate yearly progress, as de-
scribed under section 1111(b)(2)(B) of the Elementary 
and Secondary Education Act of 1965 (20 U.S.C. 
6311(b)(2)(B)); 
‘‘(6) to improve the alignment, compatibility, 
and development of valid and reliable alternate as-
sessment methods for assessing adequate yearly 
progress, 
as 
described 
under 
such 
section 
1111(b)(2)(B);