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SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Improving Education 
Results for Children With Disabilities Act of 2003’’. 
TITLE I—GENERAL PROVISIONS
SEC. 101. SECTIONS 601 THROUGH 603 OF THE INDIVIDUALS 
WITH DISABILITIES EDUCATION ACT. 
Sections 601 through 603 of the Individuals with 
Disabilities Education Act (20 U.S.C. 1400–1402) are 
amended to read as follows:
‘‘SEC. 601. SHORT TITLE; TABLE OF CONTENTS; FINDINGS; 
PURPOSES. 
‘‘(a) SHORT TITLE.—This Act may be cited as the 
‘Individuals with Disabilities Education Act’.
‘‘(b) TABLE OF CONTENTS.—The table of contents 
for this Act is as follows:
‘‘PART A—GENERAL PROVISIONS 
‘‘Sec. 601. Short title; table of contents; findings; purposes. 
‘‘Sec. 602. Definitions. 
‘‘Sec. 603. Office of Special Education Programs. 
‘‘Sec. 604. Abrogation of State sovereign immunity. 
‘‘Sec. 605. Acquisition of equipment; construction or alteration of facilities. 
‘‘Sec. 606. Employment of individuals with disabilities. 
‘‘Sec. 607. Requirements for prescribing regulations. 
‘‘Sec. 608. State administration. 
‘‘PART B—ASSISTANCE FOR EDUCATION OF ALL CHILDREN WITH 
DISABILITIES 
‘‘Sec. 611. Authorization; allotment; use of funds; authorization of appropria-
tions. 
‘‘Sec. 612. State eligibility. 
‘‘Sec. 613. Local educational agency eligibility. 
‘‘Sec. 614. Evaluations, eligibility determinations, individualized education pro-
grams, and educational placements. 
‘‘Sec. 615. Procedural safeguards. 
‘‘Sec. 616. Monitoring, enforcement, withholding, and judicial review. 
‘‘Sec. 617. Administration. 
‘‘Sec. 618. Program information.
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‘‘Sec. 619. Preschool grants. 
‘‘PART C—INFANTS AND TODDLERS WITH DISABILITIES 
‘‘Sec. 631. Findings and policy. 
‘‘Sec. 632. Definitions. 
‘‘Sec. 633. General authority. 
‘‘Sec. 634. Eligibility. 
‘‘Sec. 635. Requirements for statewide system. 
‘‘Sec. 636. Individualized family service plan. 
‘‘Sec. 637. State application and assurances. 
‘‘Sec. 638. Uses of funds. 
‘‘Sec. 639. Procedural safeguards. 
‘‘Sec. 640. Payor of last resort. 
‘‘Sec. 641. State Interagency Coordinating Council. 
‘‘Sec. 642. Federal administration. 
‘‘Sec. 643. Allocation of funds. 
‘‘Sec. 644. Authorization of appropriations. 
‘‘PART D—NATIONAL ACTIVITIES TO IMPROVE EDUCATION OF CHILDREN 
WITH DISABILITIES 
‘‘Sec. 651. Findings. 
‘‘SUBPART 1—STATE PROFESSIONAL DEVELOPMENT GRANTS 
‘‘Sec. 652. Purpose. 
‘‘Sec. 653. Eligibility and collaborative process. 
‘‘Sec. 654. Applications. 
‘‘Sec. 655. Use of funds. 
‘‘Sec. 656. State grant amounts. 
‘‘Sec. 657. Authorization of appropriations. 
‘‘SUBPART
2—SCIENTIFICALLY
BASED
RESEARCH; TECHNICAL
ASSISTANCE; 
MODEL DEMONSTRATION PROJECTS; DISSEMINATION OF INFORMATION; AND 
PERSONNEL PREPARATION PROGRAMS 
‘‘Sec. 661. Purpose. 
‘‘Sec. 662. Administrative provisions. 
‘‘Sec. 663. Research to improve results for children with disabilities. 
‘‘Sec. 664. Technical assistance, demonstration projects, dissemination of infor-
mation, and implementation of scientifically based research. 
‘‘Sec. 665. Personnel preparation programs to improve services and results for 
children with disabilities. 
‘‘Sec. 666. Studies and evaluations. 
‘‘Sec. 667. Authorization of appropriations.
‘‘SUBPART 3—SUPPORTS TO IMPROVE RESULTS FOR CHILDREN WITH 
DISABILITIES 
‘‘Sec. 671. Purposes. 
‘‘Sec. 672. Parent training and information centers. 
‘‘Sec. 673. Community parent resource centers. 
‘‘Sec. 674. Technical assistance for parent training and information centers. 
‘‘Sec. 675. Technology development, demonstration, and utilization; and media 
services.
‘‘(c) FINDINGS.—Congress finds the following:
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‘‘(1) Disability is a natural part of the human 
experience and in no way diminishes the right of in-
dividuals to participate in or contribute to society. 
Improving educational results for children with dis-
abilities is an essential element of our national policy 
of ensuring equality of opportunity, full participa-
tion, independent living, and economic self-suffi-
ciency for individuals with disabilities. 
‘‘(2) Before the date of the enactment of the 
Education for All Handicapped Children Act of 
1975 (Public Law 94–142), the special educational 
needs of millions of children with disabilities were 
not being fully met and there were many children 
with disabilities participating in regular school pro-
grams whose undiagnosed disabilities prevented 
them from having a successful educational experi-
ence. 
‘‘(3) Since the enactment and implementation 
of the Education for All Handicapped Children Act 
of 1975, this Act has been successful in ensuring 
children with disabilities and the families of such 
children access to a free appropriate public edu-
cation and in improving educational results for chil-
dren with disabilities.
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‘‘(4) Over 25 years of research and experience 
has demonstrated that the education of children with 
disabilities can be made more effective by—
‘‘(A) having high expectations for such 
children and ensuring their access to the gen-
eral education curriculum in the regular class-
room to the maximum extent possible in 
order—
‘‘(i) to meet developmental goals and, 
to the maximum extent possible, the chal-
lenging expectations that have been estab-
lished for all children; and 
‘‘(ii) to be prepared to lead productive 
and independent adult lives, to the max-
imum extent possible; 
‘‘(B) strengthening the role and responsi-
bility of parents and ensuring that families of 
such children have meaningful opportunities to 
participate in the education of their children at 
school and at home; 
‘‘(C) coordinating this Act with other local, 
State, and Federal school improvement efforts, 
including efforts under the Elementary and 
Secondary Education Act of 1965, in order to 
ensure that children with disabilities benefit
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from such efforts and that special education 
can become a service for such children rather 
than a place where they are sent; 
‘‘(D) supporting high-quality, intensive 
professional development for personnel who 
work with children with disabilities; 
‘‘(E) providing incentives for scientifically 
based reading programs and prereferral inter-
vention services to reduce the need to label chil-
dren as disabled in order to address their learn-
ing needs; 
‘‘(F) focusing resources on teaching and 
learning while reducing paperwork and require-
ments that do not assist in improving edu-
cational results; and 
‘‘(G) supporting the development and use 
of technology, including assistive technology de-
vices and services, to maximize accessibility for 
children with disabilities. 
‘‘(5) While States, local educational agencies, 
and educational service agencies are primarily re-
sponsible for providing an education for all children 
with disabilities, it is in the national interest that 
the Federal Government has a supporting role in as-
sisting State and local efforts to educate children
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with disabilities in order to improve results for such 
children and to ensure equal protection of the law. 
‘‘(6) A more equitable allocation of resources is 
essential for the Federal Government to meet its re-
sponsibility to provide an equal educational oppor-
tunity for all individuals. 
‘‘(7)(A) The Federal Government must respond 
to the growing needs of an increasingly diverse soci-
ety. 
‘‘(B) America’s ethnic profile is rapidly chang-
ing. In the year 2000, nearly one of every three per-
sons in America was a member of a minority group 
or was limited English proficient. 
‘‘(C) Minority children comprise an increasing 
percentage of public school students. 
‘‘(D) With such changing demographics, re-
cruitment efforts for special education personnel 
should focus on increasing the participation of mi-
norities in the teaching profession in order to pro-
vide appropriate role models with sufficient knowl-
edge to address the special education needs of these 
students.
‘‘(8)(A) The limited English proficient popu-
lation is the fastest growing in our Nation, and the 
growth is occurring in many parts of our Nation.
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‘‘(B) Studies have documented apparent dis-
crepancies in the levels of referral and placement of 
limited English proficient children in special edu-
cation. 
‘‘(C) This poses a special challenge for special 
education in the referral, assessment, and provision 
of services for our Nation’s students from non-
English language backgrounds. 
‘‘(9)(A) Greater efforts are needed to prevent 
the intensification of problems connected with 
mislabeling and high dropout rates among minority 
children with disabilities. 
‘‘(B) More minority children continue to be 
served in special education than would be expected 
from the percentage of minority students in the gen-
eral school population. 
‘‘(C) African American children are overidenti-
fied as having mental retardation and emotional dis-
turbance at rates greater than their white counter-
parts.
‘‘(D) In the 1998–99 school year, African 
American children represented just 14.8 percent of 
the population aged 6 through 21, but comprised 
20.2 percent of all children with disabilities.
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‘‘(E) Studies have found that schools with pre-
dominantly Caucasian students and teachers have 
placed disproportionately high numbers of their mi-
nority students into special education. 
‘‘(10)(A) As the number of minority students in 
special education increases, the number of minority 
teachers and related services personnel produced in 
colleges and universities continues to decrease. 
‘‘(B) The opportunity for full participation by 
minority individuals, organizations, and historically 
black colleges and universities in awards for grants 
and contracts, boards of organizations receiving as-
sistance under this Act, peer review panels, and 
training of professionals in the area of special edu-
cation is essential to obtain greater success in the 
education of minority children with disabilities. 
‘‘(d) PURPOSES.—The purposes of this title are—
‘‘(1)(A) to ensure that all children with disabil-
ities have available to them a free appropriate public 
education that emphasizes special education and re-
lated services designed to meet their unique needs 
and prepare them for further education, employ-
ment, and independent living;
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‘‘(B) to ensure that the rights of children with 
disabilities and parents of such children are pro-
tected; and 
‘‘(C) to assist States, localities, educational 
service agencies, and Federal agencies to provide for 
the education of all children with disabilities; 
‘‘(2) to assist States in the implementation of 
a statewide, comprehensive, coordinated, multidisci-
plinary, interagency system of early intervention 
services for infants and toddlers with disabilities and 
their families; 
‘‘(3) to ensure that educators and parents have 
the necessary tools to improve educational results for 
children with disabilities by supporting system im-
provement activities; coordinated research and per-
sonnel preparation; coordinated technical assistance, 
dissemination, and support; and technology develop-
ment and media services; and 
‘‘(4) to assess, and ensure the effectiveness of, 
efforts to educate children with disabilities. 
‘‘SEC. 602. DEFINITIONS. 
‘‘Except as otherwise provided, as used in this Act: 
‘‘(1) ASSISTIVE
TECHNOLOGY
DEVICE.—The 
term ‘assistive technology device’ means any item, 
piece of equipment, or product system, whether ac-
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quired commercially off the shelf, modified, or cus-
tomized, that is used to increase, maintain, or im-
prove functional capabilities of a child with a dis-
ability. 
‘‘(2) ASSISTIVE
TECHNOLOGY
SERVICE.—The 
term ‘assistive technology service’ means any service 
that directly assists a child with a disability in the 
selection, acquisition, or use of an assistive tech-
nology device. Such term includes—
‘‘(A) the evaluation of the needs of such 
child, including a functional evaluation of the 
child in the child’s customary environment; 
‘‘(B) purchasing, leasing, or otherwise pro-
viding for the acquisition of assistive technology 
devices by such child; 
‘‘(C) selecting, designing, fitting, custom-
izing, adapting, applying, maintaining, repair-
ing, or replacing of assistive technology devices; 
‘‘(D) coordinating and using other thera-
pies, interventions, or services with assistive 
technology devices, such as those associated 
with existing education and rehabilitation plans 
and programs;
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‘‘(E) training or technical assistance for 
such child, or, where appropriate, the family of 
such child; and 
‘‘(F) training or technical assistance for 
professionals (including individuals providing 
education and rehabilitation services), employ-
ers, or other individuals who provide services to, 
employ, or are otherwise substantially involved 
in the major life functions of such child. 
‘‘(3) CHILD WITH A DISABILITY.—
‘‘(A) IN GENERAL.—The term ‘child with a 
disability’ means a child—
‘‘(i) with mental retardation, hearing 
impairments (including deafness), speech 
or language impairments, visual impair-
ments (including blindness), serious emo-
tional disturbance (hereinafter referred to 
as ‘emotional disturbance’), orthopedic im-
pairments, autism, traumatic brain injury, 
other health impairments, or specific learn-
ing disabilities; and 
‘‘(ii) who, by reason thereof, needs 
special education and related services. 
‘‘(B) CHILD
AGED
THROUGH
9.—The 
term ‘child with a disability ’ for a child aged 3
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through 9 or any subset of that age range, in-
cluding ages 3 through 5, may, at the discretion 
of the State and the local educational agency, 
include a child—
‘‘(i) 
experiencing 
developmental 
delays, as defined by the State and as 
measured by appropriate diagnostic instru-
ments and procedures, in one or more of 
the following areas: physical development, 
cognitive development, communication de-
velopment, social or emotional develop-
ment, or adaptive development; and 
‘‘(ii) who, by reason thereof, needs 
special education and related services. 
‘‘(4) EDUCATIONAL
SERVICE
AGENCY.—The 
term ‘educational service agency’—
‘‘(A) means a regional public multiservice 
agency—
‘‘(i) authorized by State law to de-
velop, manage, and provide services or pro-
grams to local educational agencies; and 
‘‘(ii) recognized as an administrative 
agency for purposes of the provision of 
special education and related services pro-
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vided within public elementary and sec-
ondary schools of the State; and 
‘‘(B) includes any other public institution 
or agency having administrative control and di-
rection over a public elementary or secondary 
school. 
‘‘(5) ELEMENTARY
SCHOOL.—The term ‘ele-
mentary school’ means a nonprofit institutional day 
or residential school that provides elementary edu-
cation, as determined under State law. 
‘‘(6) EQUIPMENT.—The term ‘equipment’ in-
cludes—
‘‘(A) machinery, utilities, and built-in 
equipment and any necessary enclosures or 
structures to house such machinery, utilities, or 
equipment; and 
‘‘(B) all other items necessary for the 
functioning of a particular facility as a facility 
for the provision of educational services, includ-
ing items such as instructional equipment and 
necessary furniture; printed, published, and 
audio-visual 
instructional 
materials; 
tele-
communications, sensory, and other techno-
logical aids and devices; and books, periodicals, 
documents, and other related materials.
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‘‘(7) EXCESS COSTS.—The term ‘excess costs’ 
means those costs that are in excess of the average 
annual per-student expenditure in a local edu-
cational agency during the preceding school year for 
an elementary or secondary school student, as may 
be appropriate, and which shall be computed after 
deducting—
‘‘(A) amounts received—
‘‘(i) under part B of this title; 
‘‘(ii) under part A of title I of the El-
ementary and Secondary Education Act of 
1965; and 
‘‘(iii) under title III of that Act; and 
‘‘(B) any State or local funds expended for 
programs that would qualify for assistance 
under any of the provisions of law described in 
subparagraph (A). 
‘‘(8) 
FREE
APPROPRIATE
PUBLIC
EDU-
CATION.—The term ‘free appropriate public edu-
cation’ means special education and related services 
that—
‘‘(A) have been provided at public expense, 
under public supervision and direction, and 
without charge;
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‘‘(B) meet the standards of the State edu-
cational agency; 
‘‘(C) include an appropriate preschool, ele-
mentary, or secondary school education in the 
State involved that is reasonably calculated to 
provide educational benefit to enable the child 
with a disability to access the general cur-
riculum; and 
‘‘(D) are provided in conformity with the 
individualized 
education 
program 
required 
under section 614(d). 
‘‘(9) HIGHLY
QUALIFIED.—The term ‘highly 
qualified’ has the same meaning as that term in sec-
tion 9101 of the Elementary and Secondary Edu-
cation Act of 1965. 
‘‘(10) INDIAN.—The term ‘Indian’ means an in-
dividual who is a member of an Indian tribe. 
‘‘(11) INDIAN TRIBE.—The term ‘Indian tribe’ 
means any Federal or State Indian tribe, band, 
rancheria, pueblo, colony, or community, including 
any Alaska Native village or regional village corpora-
tion (as defined in or established under the Alaska 
Native Claims Settlement Act). 
‘‘(12) 
INDIVIDUALIZED
EDUCATION
PRO-
GRAM.—The term ‘individualized education program’
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or ‘IEP’ means a written statement for each child 
with a disability that is developed, reviewed, and re-
vised in accordance with section 614(d). 
‘‘(13) 
INDIVIDUALIZED
FAMILY
SERVICE 
PLAN.—The term ‘individualized family service plan’ 
has the meaning given such term in section 636. 
‘‘(14) INFANT
OR
TODDLER
WITH
A
DIS-
ABILITY.—The term ‘infant or toddler with a dis-
ability ’ has the meaning given such term in section 
632. 
‘‘(15) INSTITUTION OF HIGHER EDUCATION.—
The term ‘institution of higher education’—
‘‘(A) has the meaning given that term in 
subsection (a) or (b) of section 101 of the 
Higher Education Act of 1965; and 
‘‘(B) also includes any community college 
receiving funding from the Secretary of the In-
terior under the Tribally Controlled Community 
College Assistance Act of 1978. 
‘‘(16) LOCAL EDUCATIONAL AGENCY.—
‘‘(A) The term ‘local educational agency’ 
means a public board of education or other pub-
lic authority legally constituted within a State 
for either administrative control or direction of, 
or to perform a service function for, public ele-
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mentary or secondary schools in a city, county, 
township, school district, or other political sub-
division of a State, or for such combination of 
school districts or counties as are recognized in 
a State as an administrative agency for its pub-
lic elementary or secondary schools. 
‘‘(B) The term includes—
‘‘(i) an educational service agency, as 
defined in paragraph (4); and 
‘‘(ii) any other public institution or 
agency having administrative control and 
direction of a public elementary or sec-
ondary school. 
‘‘(C) The term includes an elementary or 
secondary school funded by the Bureau of In-
dian Affairs, but only to the extent that such 
inclusion makes the school eligible for programs 
for which specific eligibility is not provided to 
the school in another provision of law and the 
school does not have a student population that 
is smaller than the student population of the 
local educational agency receiving assistance 
under this Act with the smallest student popu-
lation, except that the school shall not be sub-
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ject to the jurisdiction of any State educational 
agency other than the Bureau of Indian Affairs. 
‘‘(17) NATIVE
LANGUAGE.—The term ‘native 
language’, when used with reference to an individual 
of limited English proficiency, means the language 
normally used by the individual, or, in the case of 
a child, the language normally used by the parents 
of the child. 
‘‘(18) NONPROFIT.—The term ‘nonprofit’, as 
applied to a school, agency, organization, or institu-
tion, means a school, agency, organization, or insti-
tution owned and operated by one or more nonprofit 
corporations or associations no part of the net earn-
ings of which inures, or may lawfully inure, to the 
benefit of any private shareholder or individual. 
‘‘(19) OUTLYING
AREA.—The term ‘outlying 
area’ means the United States Virgin Islands, 
Guam, American Samoa, and the Commonwealth of 
the Northern Mariana Islands. 
‘‘(20) PARENT.—The term ‘parent’—
‘‘(A) includes a legal guardian; and 
‘‘(B) except as used in sections 615(b)(2) 
and 639(a)(5), includes an individual assigned 
under either of those sections to be a surrogate 
parent.
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‘‘(21) PARENT ORGANIZATION.—The term ‘par-
ent organization’ has the meaning given that term in 
section 672(g). 
‘‘(22) PARENT
TRAINING
AND
INFORMATION 
CENTER.—The term ‘parent training and informa-
tion center’ means a center assisted under sections 
672 and 673. 
‘‘(23) RELATED SERVICES.—The term ‘related 
services’ means transportation, and such develop-
mental, corrective, and other supportive services (in-
cluding speech-language pathology and audiology 
services, psychological services, physical and occupa-
tional therapy, recreation, including therapeutic 
recreation, social work services, counseling services, 
including rehabilitation counseling, orientation and 
mobility services, and medical services, except that 
such medical services shall be for diagnostic and 
evaluation purposes only) as may be required to as-
sist a child with a disability to benefit from special 
education, and includes the early identification and 
assessment of disabling conditions in children. 
‘‘(24) SECONDARY
SCHOOL.—The term ‘sec-
ondary school’ means a nonprofit institutional day or 
residential school that provides secondary education,
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as determined under State law, except that it does 
not include any education beyond grade 12. 
‘‘(25) 
SECRETARY.—The 
term 
‘Secretary’ 
means the Secretary of Education. 
‘‘(26) SPECIAL EDUCATION.—The term ‘special 
education’ means specially designed instruction, at 
no cost to parents, to meet the unique needs of a 
child with a disability, including—
‘‘(A) instruction conducted in the class-
room, in the home, in hospitals and institutions, 
and in other settings; and 
‘‘(B) instruction in physical education. 
‘‘(27) SPECIFIC LEARNING DISABILITY.—
‘‘(A) IN
GENERAL.—The term ‘specific 
learning disability ’ means a disorder in one or 
more of the basic psychological processes in-
volved in understanding or in using language, 
spoken or written, which disorder may manifest 
itself in imperfect ability to listen, think, speak, 
read, write, spell, or do mathematical calcula-
tions. 
‘‘(B) DISORDERS INCLUDED.—Such term 
includes such conditions as perceptual disabil-
ities, brain injury, minimal brain dysfunction, 
dyslexia, and developmental aphasia.
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‘‘(C) DISORDERS
NOT
INCLUDED.—Such 
term does not include a learning problem that 
is primarily the result of visual, hearing, or 
motor disabilities, of mental retardation, of 
emotional disturbance, or of environmental, cul-
tural, or economic disadvantage. 
‘‘(28) STATE.—The term ‘State’ means each of 
the 50 States, the District of Columbia, the Com-
monwealth of Puerto Rico, and each of the outlying 
areas. 
‘‘(29) STATE
EDUCATIONAL
AGENCY.—The 
term ‘State educational agency’ means the State 
board of education or other agency or officer pri-
marily responsible for the State supervision of public 
elementary and secondary schools, or, if there is no 
such officer or agency, an officer or agency des-
ignated by the Governor or by State law. 
‘‘(30) SUPPLEMENTARY AIDS AND SERVICES.—
The term ‘supplementary aids and services’ means 
aids, services, and other supports that are provided 
in regular education classes or other education-re-
lated settings to enable children with disabilities to 
be educated with nondisabled children to the max-
imum extent appropriate in accordance with section 
612(a)(5).
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‘‘(31) TRANSITION SERVICES.—The term ‘tran-
sition services’ means a coordinated set of activities 
for a child with a disability that—
‘‘(A) is designed within a results-oriented 
process, that is focused on improving the aca-
demic and developmental achievement of the 
child with a disability to facilitate the child’s 
move from school to post-school activities, in-
cluding post-secondary education, vocational 
training, integrated employment (including sup-
ported employment), continuing and adult edu-
cation, adult services, independent living, or 
community participation; 
‘‘(B) is based upon the individual child’s 
needs, taking into account the child’s skills, 
preferences, and interests; and 
‘‘(C) includes instruction, related services, 
community experiences, the development of em-
ployment and other post-school adult living ob-
jectives, and, when appropriate, acquisition of 
daily living skills and functional vocational eval-
uation. 
‘‘SEC. 603. OFFICE OF SPECIAL EDUCATION PROGRAMS. 
‘‘(a) ESTABLISHMENT.—There shall be, within the 
Office of Special Education and Rehabilitative Services in
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the Department of Education, an Office of Special Edu-
cation Programs, which shall be the principal agency in 
such Department for administering and carrying out this 
Act and other programs and activities concerning the edu-
cation of children with disabilities. 
‘‘(b) DIRECTOR.—The Office established under sub-
section (a) shall be headed by a Director who shall be se-
lected by the Secretary and shall report directly to the As-
sistant Secretary for Special Education and Rehabilitative 
Services. 
‘‘(c) VOLUNTARY
AND
UNCOMPENSATED
SERV-
ICES.—Notwithstanding section 1342 of title 31, United 
States Code, the Secretary is authorized to accept vol-
untary and uncompensated services in furtherance of the 
purposes of this Act.’’. 
SEC. 102. SECTIONS 605 THROUGH 607 OF THE INDIVIDUALS 
WITH DISABILITIES EDUCATION ACT. 
Sections 605 through 607 of the Individuals with 
Disabilities Education Act (20 U.S.C. 1404–1406) are 
amended to read as follows: 
‘‘SEC. 605. ACQUISITION OF EQUIPMENT; CONSTRUCTION 
OR ALTERATION OF FACILITIES. 
‘‘(a) IN GENERAL.—If the Secretary determines that 
a program authorized under this Act would be improved 
by permitting program funds to be used to acquire appro-
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priate equipment, or to construct new facilities or alter 
existing facilities, the Secretary is authorized to allow the 
use of those funds for those purposes. 
‘‘(b) COMPLIANCE WITH CERTAIN REGULATIONS.—
Any construction of new facilities or alteration of existing 
facilities under subsection (a) shall comply with the re-
quirements of—
‘‘(1) appendix A of part 36 of title 28, Code of 
Federal Regulations (commonly known as the 
‘Americans with Disabilities Accessibility Guidelines 
for Buildings and Facilities’); or 
‘‘(2) appendix A of part 101–19.6 of title 41, 
Code of Federal Regulations (commonly known as 
the ‘Uniform Federal Accessibility Standards’). 
‘‘SEC. 606. EMPLOYMENT OF INDIVIDUALS WITH DISABIL-
ITIES. 
‘‘The Secretary shall ensure that each recipient of as-
sistance under this Act makes positive efforts to employ 
and advance in employment qualified individuals with dis-
abilities, particularly as teachers, related services per-
sonnel, early intervention providers, and administrators, 
in programs assisted under this Act.
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‘‘SEC. 607. REQUIREMENTS FOR PRESCRIBING REGULA-
TIONS. 
‘‘(a) IN GENERAL.—The Secretary may issue regula-
tions under this Act only to the extent that such regula-
tions are reasonably necessary to ensure that there is com-
pliance with the specific requirements of this Act. 
‘‘(b) PROTECTIONS PROVIDED TO CHILDREN.—The 
Secretary may not implement, or publish in final form, 
any regulation prescribed pursuant to this Act that 
would—
‘‘(1) violate or contradict any provision of this 
Act; and 
‘‘(2) procedurally or substantively lessen the 
protections provided to children with disabilities 
under this Act, as embodied in regulations in effect 
on July 20, 1983 (particularly as such protections 
relate to parental consent to initial evaluation or ini-
tial placement in special education, least restrictive 
environment, related services, timelines, attendance 
of evaluation personnel at individualized education 
program meetings, or qualifications of personnel), 
except to the extent that such regulation reflects the 
clear and unequivocal intent of the Congress in legis-
lation. 
‘‘(c) PUBLIC COMMENT PERIOD.—The Secretary 
shall provide a public comment period of at least 60 days
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on any regulation proposed under part B or part C of this 
Act on which an opportunity for public comment is other-
wise required by law. 
‘‘(d) POLICY LETTERS AND STATEMENTS.—The Sec-
retary may not issue policy letters or other statements (in-
cluding on issues of national significance) that—
‘‘(1) would violate or contradict any provision of 
this Act; or 
‘‘(2) establish a rule that is required for compli-
ance with, and eligibility under, this Act without fol-
lowing the requirements of section 553 of title 5, 
United States Code. 
‘‘(e) CORRESPONDENCE
FROM
DEPARTMENT
OF 
EDUCATION DESCRIBING INTERPRETATIONS
OF THIS 
PART.—
‘‘(1) IN GENERAL.—The Secretary shall, on a 
quarterly basis, publish in the Federal Register, and 
widely disseminate to interested entities through var-
ious additional forms of communication, a list of 
correspondence from the Department of Education 
received by individuals during the previous quarter 
that describes the interpretations of the Department 
of Education of this Act or the regulations imple-
mented pursuant to this Act.
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‘‘(2) ADDITIONAL
INFORMATION.—For each 
item of correspondence published in a list under 
paragraph (1), the Secretary shall—
‘‘(A) identify the topic addressed by the 
correspondence and shall include such other 
summary information as the Secretary deter-
mines to be appropriate; and 
‘‘(B) ensure that all such correspondence 
is issued, where applicable, in compliance with 
section 553 of title 5, United States Code. 
‘‘(f) EXPLANATION AND ASSURANCES.—Any written 
response by the Secretary under subsection (e) regarding 
a policy, question, or interpretation under this Act shall 
include an explanation in the written response that the 
response—
‘‘(1) is issued, when required, in compliance 
with the requirements of section 553 of title 5, 
United States Code; and 
‘‘(2) is provided as informal guidance and rep-
resents only the interpretation by the Department of 
Education of the applicable statutory or regulatory 
requirements in the context of the specific facts pre-
sented in the original question.’’.
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SEC. 103. SECTION 608 OF THE INDIVIDUALS WITH DISABIL-
ITIES EDUCATION ACT. 
Part A of the Individuals with Disabilities Education 
Act (20 U.S.C. 1400 et seq.) is amended by adding at 
the end the following:
‘‘SEC. 608. STATE ADMINISTRATION. 
‘‘(a) RULEMAKING.—Each State that receives funds 
under this Act shall—
‘‘(1) ensure that any State rules, regulations, 
and policies relating to this Act conform to the pur-
poses of this Act; and 
‘‘(2) minimize the number of rules, regulations, 
and policies to which the State’s local educational 
agencies and schools are subject to under this Act. 
‘‘(b) SUPPORT AND FACILITATION.—All State rules, 
regulations, and policies relating to this Act shall support 
and facilitate local educational agency and school-level sys-
temic reform designed to enable children with disabilities 
to meet the challenging State student academic achieve-
ment standards.’’. 
SEC. 104. GAO REPORTS. 
(a) PAPERWORK STUDY.—
(1) REVIEW.—The Comptroller General shall 
conduct a review of all Federal requirements under 
the Individuals with Disabilities Education Act, and 
the requirements of a reasonable sample of State
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and local educational agencies relating to such Act, 
to determine which requirements result in excessive 
paperwork completion burdens for teachers, related 
services providers, and school administrators. As 
part of such review, the Comptroller General shall 
include recommendations to reduce or eliminate the 
excessive paperwork burdens described in the pre-
ceding sentence. 
(2) REPORT.—Not later than 2 years after the 
date of the enactment of this Act, and once every 2 
years thereafter, the Comptroller General shall pre-
pare and submit to the appropriate congressional 
committees a report that contains the results of the 
review under paragraph (1). 
(b) DISABILITY DEFINITIONS.—
(1) REVIEW.—The Comptroller General of the 
United States shall conduct a review of—
(A) variation among States in definitions, 
and evaluation processes, relating to the provi-
sion of services under the Individuals with Dis-
abilities Education Act to children having con-
ditions described in section 602(a)(3) of such 
Act using the terms ‘‘emotional disturbance’’, 
‘‘other health impairments’’, and ‘‘specific 
learning disability’’; and
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(B) the degree to which these definitions 
and evaluation processes conform to scientific, 
peer-reviewed research. 
(2) REPORT.—Not later than 2 years after the 
date of the enactment of this Act, the Comptroller 
General shall prepare and submit to the appropriate 
congressional committees a report that contains the 
results of the review under paragraph (1). 
(c) DISTANCE LEARNING PROFESSIONAL DEVELOP-
MENT PROGRAMS.—
(1) STUDY.—The Comptroller General shall 
conduct a study on existing or developing profes-
sional development programs for special education 
personnel delivered through the use of technology 
and distance learning. 
(2) REPORT.—Not later than 2 years after the 
date of the enactment of this Act, the Comptroller 
General shall submit a report containing the find-
ings from the study conducted under paragraph (1) 
to the appropriate congressional committees. 
(d) LIMITED ENGLISH PROFICIENT CHILDREN WITH 
DISABILITIES.—
(1) STUDY.—The Comptroller General shall 
conduct a study on how limited English proficient
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children with disabilities, to tribes, and to other in-
terested parties. 
‘‘(5) ESTABLISHMENT OF ADVISORY BOARD.—
To meet the requirements of section 612(a)(22), the 
Secretary of the Interior shall establish, under the 
BIA, an advisory board composed of individuals in-
volved in or concerned with the education and provi-
sion of services to Indian infants, toddlers, children, 
and youth with disabilities, including Indians with 
disabilities, Indian parents or guardians of such chil-
dren, teachers, service providers, State and local 
educational officials, representatives of tribes or trib-
al organizations, representatives from State Inter-
agency Coordinating Councils under section 641 in 
States having reservations, and other members rep-
resenting the various divisions and entities of the 
BIA. The chairperson shall be selected by the Sec-
retary of the Interior. The advisory board shall—
‘‘(A) assist in the coordination of services 
within the BIA and with other local, State, and 
Federal agencies in the provision of education 
for infants, toddlers, and children with disabil-
ities;
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‘‘(B) advise and assist the Secretary of the 
Interior in the performance of the Secretary’s 
responsibilities described in this subsection; 
‘‘(C) develop and recommend policies con-
cerning effective inter- and intra-agency collabo-
ration, including modifications to regulations, 
and the elimination of barriers to inter- and 
intra-agency programs and activities; 
‘‘(D) provide assistance and disseminate 
information on best practices, effective program 
coordination strategies, and recommendations 
for improved educational programming for In-
dian infants, toddlers, and children with disabil-
ities; and 
‘‘(E) provide assistance in the preparation 
of 
information 
required 
under 
paragraph 
(2)(D). 
‘‘(6) ANNUAL REPORTS.—
‘‘(A) IN
GENERAL.—The advisory board 
established under paragraph (5) shall prepare 
and submit to the Secretary of the Interior and 
to the Congress an annual report containing a 
description of the activities of the advisory 
board for the preceding year.