217
in measuring State progress on State perform-
ance measures. 
‘‘(2) RULE OF CONSTRUCTION.—Nothing in this 
section shall be construed as limiting the ability of a 
Governor to conduct additional data collection, anal-
ysis, and dissemination activities with State funds or 
with Federal funds from sources other than this sec-
tion. 
‘‘(f) NONDUPLICATION REQUIREMENT.—None of the 
functions and activities carried out pursuant to this section 
shall duplicate the functions and activities carried out 
under the Carl D. Perkins Vocational and Applied Tech-
nology Education Act (20 U.S.C. 2301 et seq.). 
‘‘(g) AUTHORIZATION
OF APPROPRIATIONS.—There 
are authorized to be appropriated to carry out this section 
such sums as may be necessary for each of the fiscal years 
2006 through 2011. 
‘‘(h) DEFINITION.—In this section, the term ‘local 
area’ means the smallest geographical area for which data 
can be produced with statistical reliability.’’. 
TITLE IV—AMENDMENTS TO THE 
REHABILITATION ACT OF 1973
SEC. 401. FINDINGS. 
Section 2(a) of the Rehabilitation Act of 1973 (29 
U.S.C. 701(a)) is amended—
218
(1) in paragraph (5), by striking ‘‘and’’ at the 
end; 
(2) in paragraph (6), by striking the period and 
inserting ‘‘; and’’; and 
(3) by adding at the end the following: 
‘‘(7) there is a substantial need to improve and 
expand services for students with disabilities under 
this Act.’’. 
SEC. 402. REHABILITATION SERVICES ADMINISTRATION. 
Section 3(a) of the Rehabilitation Act of 1973 (29 
U.S.C. 702(a)) is amended—
(1) by striking ‘‘Office of the Secretary’’ and in-
serting ‘‘Department of Education’’; 
(2) by striking ‘‘President by and with the ad-
vice and consent of the Senate’’ and inserting ‘‘Sec-
retary, except that the Commissioner appointed under 
the authority existing on the day prior to the date of 
enactment of the Job Training Improvement Act of 
2005 may continue to serve in the former capacity’’; 
and 
(3) by striking ‘‘, and the Commissioner shall be 
the principal officer,’’. 
SEC. 403. DIRECTOR. 
(a) IN GENERAL.—The Rehabilitation Act of 1973 (29 
U.S.C. 701 et seq.) is amended—
219
(1) by striking ‘‘Commissioner’’ each place it ap-
pears, except in sections 3(a) (as amended by section 
402) and 21, and inserting ‘‘Director’’; 
(2) 
in 
section 
100(d)(2)(B), 
by 
striking 
‘‘COMMISIONER’’ and inserting ‘‘DIRECTOR’’; 
(3) 
in 
section 
706, 
by 
striking 
‘‘COMMISIONER’’ and inserting ‘‘DIRECTOR’’; and 
(4) 
in 
section 
723(a)(3), 
by 
striking 
‘‘COMMISIONER’’ and inserting ‘‘DIRECTOR’’. 
(b) EXCEPTION.—Section 21 of the Rehabilitation Act 
of 1973 (29 U.S.C. 718) is amended—
(1) in subsection (b)(1)—
(A) by striking ‘‘Commissioner’’ the first 
place it appears and inserting ‘‘Director of the 
Rehabilitation Services Administration’’; and 
(B) by striking ‘‘(referred to in this sub-
section as the ‘Director’)’’; and 
(2) by striking ‘‘Commissioner and the Director’’ 
each place it appears and inserting ‘‘both such Direc-
tors’’. 
SEC. 404. DEFINITIONS. 
Section 7 of the Rehabilitation Act of 1973 (29 U.S.C. 
705) is amended—
220
(1) by redesignating paragraphs (35) through 
(39) as paragraphs (36), (37), (38), (40), and (41), 
respectively; 
(2) in subparagraph (A)(ii) of paragraph (36) 
(as redesignated in paragraph (1)), by striking 
‘‘paragraph (36)(C)’’ and inserting ‘‘paragraph 
(37)(C)’’; 
(3) by inserting after paragraph (34) the fol-
lowing: 
‘‘(35)(A) The term ‘student with a disability’ 
means an individual with a disability who—
‘‘(i) is not younger than 16 and not older 
than 21; 
‘‘(ii) has been determined to be eligible 
under section 102(a) for assistance under this 
title; and 
‘‘(iii)(I) is eligible for, and is receiving, spe-
cial education under part B of the Individuals 
with Disabilities Education Act (20 U.S.C. 1411 
et seq.); or 
‘‘(II) is an individual with a disability, for 
purposes of section 504. 
‘‘(B) The term ‘students with disabilities’ means 
more than 1 student with a disability.’’; and
221
(4) by inserting after paragraph (38) (as redes-
ignated by paragraph (1)) the following: 
‘‘(39) The term ‘transition services expansion 
year’ means—
‘‘(A) the first fiscal year for which the 
amount appropriated under section 100(b) ex-
ceeds the amount appropriated under section 
100(b) for fiscal year 2004 by not less than 
$100,000,000; and 
‘‘(B) each fiscal year subsequent to that first 
fiscal year.’’. 
SEC. 405. STATE PLAN. 
(a) COORDINATION WITH EDUCATION OFFICIALS AND 
ASSISTIVE TECHNOLOGY PROGRAMS.—Section 101(a)(11) 
of the Rehabilitation Act of 1973 (29 U.S.C. 721(a)(11)) 
is amended—
(1) in subparagraph (D)(i) by inserting ‘‘, which 
may be provided using alternative means of meeting 
participation (such as video conferences and con-
ference calls)’’ before the semicolon; and 
(2) by adding at the end the following: 
‘‘(G) COORDINATION WITH ASSISTIVE TECH-
NOLOGY PROGRAMS.—The State plan shall in-
clude an assurance that the designated State 
unit and the lead agency responsible for carrying