I
107TH CONGRESS
2D SESSION
H. R. 5076
To amend part C of the Individuals with Disabilities Education Act to
improve early intervention programs for infants and toddlers with disabil-
ities, and for other purposes.
IN THE HOUSE OF REPRESENTATIVES
JULY 9, 2002
Mr. KENNEDY of Rhode Island (for himself, Mr. SCOTT, Mrs. NAPOLITANO,
Ms. NORTON, Mr. MCDERMOTT, Mr. FROST, Ms. MILLENDER-MCDON-
ALD, Mrs. MEEK of Florida, Mrs. MINK of Hawaii, Ms. CARSON of Indi-
ana, Mr. SERRANO, Mr. GILMAN, Mr. OWENS, Mrs. DAVIS of California,
Mr. PAYNE, Mr. CROWLEY, Ms. LEE, and Mr. WAXMAN) introduced the
following bill; which was referred to the Committee on Education and the
Workforce
A BILL
To amend part C of the Individuals with Disabilities Edu-
cation Act to improve early intervention programs for
infants and toddlers with disabilities, and for other pur-
poses.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE; REFERENCES.
(a) SHORT TITLE.—This Act may be cited as the
‘‘Early Intervention Improvement Act’’.
shall reserve the following amounts for the purpose
of making grants under this subsection:
‘‘(A) For fiscal year 2004, the lesser of—
‘‘(i) the amount (if any) by which the
sum appropriated to carry out this part for
fiscal year 2004 exceeds the sum appro-
priated to carry out this part for fiscal
year 2003; and
‘‘(ii) 3 percent of the sum appro-
priated to carry out this part for fiscal
year 2004.
‘‘(B) For fiscal year 2005, the lesser of—
‘‘(i) the amount (if any) by which the
sum appropriated to carry out this part for
fiscal year 2005 exceeds the sum appro-
priated to carry out this part for fiscal
year 2003; and
‘‘(ii) 4 percent of the sum appro-
priated to carry out this part for fiscal
year 2005.
‘‘(C) For fiscal year 2006, the lesser of—
‘‘(i) the amount (if any) by which the
sum appropriated to carry out this part for
fiscal year 2006 exceeds the sum appro-
priated to carry out this part for fiscal
year 2003; and
‘‘(ii) 5 percent of the sum appro-
priated to carry out this part for fiscal
year 2006.
‘‘(D) For fiscal year 2007 and subsequent
fiscal years, the lesser of—
‘‘(i) the amount (if any) by which the
sum appropriated to carry out this part for
the fiscal year concerned exceeds the sum
appropriated to carry out this part for fis-
cal year 2003; and
‘‘(ii) 6 percent of the sum appro-
priated to carry out this part for the fiscal
year concerned.
‘‘(2) QUALITY INCENTIVE GRANTS.—
‘‘(A) IN
GENERAL.—The Secretary shall
use 75 percent of the amount reserved under
paragraph (1) to make grants to States that
operate high-quality programs under this part,
as determined by performance objectives devel-
oped by the Secretary for this purpose.
‘‘(B) 
STATE
PERFORMANCE
OBJEC-
TIVES.—Such performance objectives shall be
based on the part C focused monitoring bench-
marks developed through the Secretary’s Con-
tinuing Improvement Monitoring Process and
shall include the following:
‘‘(i) A performance objective based on
the percentage of children under the age of
3 residing in the State who are served by
a program under this part.
‘‘(ii) A performance objective based on
the percentage of children under the age of
1 residing in the State who are served by
a program under this part or the number
of children served by this program who are
enrolled before their 1st birthday.
‘‘(iii) A performance objective to
measure the percentage of infants and tod-
dlers with an individualized family service
plan described in section 636 who dem-
onstrate improved functional abilities.
‘‘(iv) A performance objective to
measure the percentage of children making
a successful transition to the preschool
program under section 619 or other appro-
priate programs.
‘‘(3) GRANTS TO SERVE AT-RISK INFANTS AND
TODDLERS.—
‘‘(A) IN
GENERAL.—The Secretary shall
use 25 percent of the amount reserved under
paragraph (1) to make grants to States that—
‘‘(i) are eligible to receive a grant
under paragraph (2);
‘‘(ii) render at-risk infants and tod-
dlers eligible for early intervention services
in accordance with this part; and
‘‘(iii) provide at least 3.5 percent of
the children under the age of 3 years resid-
ing in the State with early intervention
services in accordance with this part.
‘‘(B) 
COUNTING
CHILDREN
SERVED
UNDER OTHER PROGRAMS.—At the request of a
State, the Secretary may certify that a program
administered by a State other than this part
provides at-risk infants and toddlers with sub-
stantially the same services as are available
under this part. In such a case, the Secretary
may—
‘‘(i) disregard subparagraph (A)(ii);
and
‘‘(ii) count such at-risk infants and
toddlers in determining whether the State
satisfies the requirement of subparagraph
(A)(iii).
‘‘(4) ALLOCATION.—In making grants under
paragraphs (2) and (3), the Secretary shall allot
funds in proportion to the relative amounts allotted
under subsection (d) to the States eligible for such
grants.’’.
SEC. 3. TRANSITION FROM PART C TO SECTION 619.
(a) IN GENERAL.—
(1) RELATIONSHIP OF PARTS B AND C.—Sec-
tion 619(h) (20 U.S.C. 1419(h)) is amended to read
as follows:
‘‘(h) RELATIONSHIP TO PART C.—
‘‘(1) PART C INAPPLICABLE.—Part C of this
Act does not apply to any child with a disability re-
ceiving a free appropriate public education, in ac-
cordance with this part, with funds received under
this section.
‘‘(2) TRANSITION FROM PART C.—In the case
of a child with a disability who was served under
part C and who is eligible for special education and
related services in accordance with this part, con-
sistent with the child’s goals (as stated in the IEP),
the special education and related services provided to
the child shall include services that are substantially
similar (including in terms of frequency and the en-
vironment in which they are provided) to those in
the child’s last individualized family service plan
under section 636, unless the IEP Team agrees oth-
erwise and documents the reasons for its decision in
the IEP.’’.
(2) CONFORMING AMENDMENTS.—
(A) STATE ELIGIBILITY UNDER PART B.—
Section 612(a)(9) (20 U.S.C. 1412(a)(9)) is
amended by striking ‘‘implemented for the
child.’’ and inserting ‘‘implemented for the child
in 
a 
manner 
consistent 
with 
section
619(h)(2).’’.
(B) REQUIREMENT THAT IEP BE IN EF-
FECT.—Section 
614(d)(2)(B) 
(20 
U.S.C.
1414(d)(2)(B)) is amended by striking ‘‘In the
case of’’ and inserting ‘‘Subject to section
619(h)(2), in the case of’’.
(b) STATE-LEVEL PRESCHOOL ACTIVITIES.—Section
619(f) (20 U.S.C. 1419(f)) is amended—
(1) in paragraph (4), by striking ‘‘or’’ at the
end;
(2) in paragraph (5), by striking the period at
the end and inserting ‘‘; or’’; and
(3) by adding at the end the following:
‘‘(6) to continue service coordination or case
management services for families that received such
services under part C.’’.
SEC. 4. PERMANENT AUTHORIZATION.
Section 645 (20 U.S.C. 1445) is amended to read as
follows:
‘‘SEC. 645. AUTHORIZATION OF APPROPRIATIONS.
For the purpose of carrying out this part, there are
authorized to be appropriated $500,000,000 for fiscal year
2003 and such sums as may be necessary for each suc-
ceeding fiscal year.’’.
SEC. 5. CHANGE IN ELIGIBILITY FOR SERVICES.
Section 632(5)(A)(ii) (20 U.S.C. 1432(5)(A)(ii)) is
amended by inserting ‘‘, or a family condition character-
ized by diagnosed serious maternal depression, confirmed
parental substance abuse, or documented family violence
(including child abuse),’’ after ‘‘mental condition’’.
SEC. 6. IMPROVED CHILD FIND SYSTEM.
(a) IN GENERAL.—
(1) REFERRAL OF ABUSED OR NEGLECTED IN-
FANTS AND TODDLERS FOR EVALUATION.—Section
635(a)(5) (20 U.S.C. 1435(a)(5)) is amended by in-
serting before the period at the end the following: ‘‘,
and including a requirement, based on a State pol-
icy, that all children under 3 years of age who are
involved in a substantiated case of child abuse or ne-
glect are referred to the system described in section
633 for evaluation and, if appropriate, receipt of
early intervention services’’.
(2) CONSTRUCTION.—Section 635 (20 U.S.C.
1435) is amended by adding at the end the fol-
lowing:
‘‘(c) CONSTRUCTION.—Nothing in subsection (a)(5)
shall be construed to alter the responsibility of a State
under title XIX of the Social Security Act (42 U.S.C.
1396 et seq.) with respect to early and periodic screening,
diagnostic, and treatment services (as defined in section
1905(r) of such Act (42 U.S.C. 1396d(r)).’’.
(b) APPLICATION REQUIREMENT.—Section 637(a)(3)
(20 U.S.C. 1437(a)(3)) is amended—
(1) in subparagraph (A), by striking ‘‘and’’ at
the end;
(2) in subparagraph (B), by striking the period
at the end and inserting ‘‘; and’’; and
(3) by adding at the end the following:
‘‘(C) a description of the State’s child find
system, including procedures to ensure that in-
fants and toddlers in the child welfare system
are referred as required by section 635(a)(5).’’.
SEC. 7. IMPROVED COORDINATION AMONG STATE AGEN-
CIES.
(a) COORDINATION WITH MENTAL HEALTH SYS-
TEM.—Section 637(a) (20 U.S.C. 1437(a)) is amended—
(1) in paragraph (8), by striking ‘‘and’’ at the
end;
(2) by redesignating paragraph (9) as para-
graph (10); and
(3) by inserting after paragraph (8) the fol-
lowing:
‘‘(9) a description of efforts of the system de-
scribed in section 633 to coordinate with the State
mental health system in the identification of infants
and toddlers with disabilities and delivery of early
intervention services; and’’.
(b) STATE INTERAGENCY COORDINATING COUN-
CIL.—Section 641(b)(1) (20 U.S.C. 1441(b)(1)) is amend-
ed by adding at the end the following:
‘‘(J) CHILD WELFARE AGENCY.—At least
one member shall be from the State agency re-
sponsible for child welfare, specifically the agen-
cy with jurisdiction over child protective serv-
ices for children who have been abused or ne-
glected, and shall have sufficient authority to
engage in policy planning and implementation
on behalf of such agency.
‘‘(K) MENTAL HEALTH AGENCY.—At least
one member shall be from the State agency re-
sponsible for children’s mental health, and shall
have sufficient authority to engage in policy
planning and implementation on behalf of such
agency.’’.
SEC. 8. IMPROVED SERVICES.
Section 632(4) (20 U.S.C. 1432(4)) is amended—
(1) in subparagraph (E)—
(A) in clause (xiii), by striking ‘‘and’’ at
the end;
(B) by redesignating clause (xiv) as clause
(xv); and
(C) by inserting after clause (xiii) the fol-
lowing:
‘‘(xiv) parent-child and family ther-
apy; and’’; and
(2) by amending subparagraph (G) to read as
follows:
‘‘(G) to the maximum extent appropriate,
are provided in natural environments, which are
settings in which an infant or toddler with a
disability’s peers without disabilities are typi-
cally found, including the infant or toddler’s
home, a child care program, an Early Head
Start program implemented under section 645A
of the Head Start Act (42 U.S.C. 9840a), and
other appropriate settings; and’’.
SEC. 9. EARLY INTERVENTION PERSONNEL TRAINING AND
PROFESSIONAL DEVELOPMENT.
(a) REQUIREMENTS FOR STATEWIDE SYSTEM.—Sec-
tion 635(a)(8) (20 U.S.C. 1435(a)(8)) is amended—
(1) in subparagraph (C), by striking ‘‘and’’ at
the end;
(2) in subparagraph (D), by striking the period
at the end and inserting ‘‘; and’’; and
(3) by adding at the end the following:
‘‘(E) training personnel in the emotional
and social development of young children.’’.
(b) NATIONAL ACTIVITIES.—Part D of the Individ-
uals with Disabilities Education Act (20 U.S.C. 1451 et
seq.) is amended—
(1) in section 651(a)(4)—
(A) by inserting ‘‘the lead State agency for
part C,’’ after ‘‘in partnership with’’; and
(B) by inserting a comma after ‘‘local edu-
cational agencies’’;
(2) in section 652(b)(1)(A)—
(A) by inserting ‘‘the lead State agency for
part C,’’ after ‘‘in partnership with’’; and
(B) by inserting a comma after ‘‘local edu-
cational agencies’’;
(3) in section 652(b)(1)(B), by striking clause
(vii) and redesignating clauses (viii) through (xi) as
clauses (vii) through (x), respectively;
(4) in section 653(b)(2)(B)—
(A) in the matter preceding clause (i), by
inserting ‘‘from birth through age 21’’ after
‘‘children with disabilities’’; and
(B) in clause (i), by striking ‘‘and’’ at the
end;
(C) in clause (ii)—
(i) by striking ‘‘clause (i)’’ and insert-
ing ‘‘clauses (i) and (ii)’’; and
(ii) by adding ‘‘and’’ at the end;
(D) by redesignating clauses (i) and (ii) as
clauses (ii) and (iii), respectively; and
(E) by inserting before clause (ii) (as so
redesignated) the following:
‘‘(i) the number of personnel pro-
viding early intervention services and spe-
cial education and related services to chil-
dren from birth through age 5;’’;
(5) in section 653(c)—
(A) in paragraph (1)(A)(i), by inserting
‘‘the lead State agency for part C,’’ after
‘‘State educational agency,’’; and
(B) in paragraph (3)—
(i) in subparagraph (C), by striking
‘‘and schools’’ and inserting ‘‘, schools, and
providers of child care, preschool, and
early intervention services’’; and
(ii) in subparagraph (D)—
(I) in the matter preceding clause
(i), by inserting ‘‘child care, pre-
school,’’ after ‘‘related services,’’;
(II) in clause (vii), by inserting
‘‘providers of child care, preschool,
and early intervention services,’’ after
‘‘teachers,’’;
(III) in clause (viii), by inserting
‘‘child care, preschool education, and
early intervention,’’ after ‘‘in the
fields of’’; and
(IV) in clause (x), by inserting
‘‘child care, preschool, early interven-
tion,’’ after ‘‘parents and’’; and
(6) in section 654(b)(1)(A), by inserting ‘‘, and
child care, preschool, and early intervention per-
sonnel, including mental health professionals who
work with young children and their families,’’ after
‘‘personnel’’.
SEC. 10. GRANTS FOR TRAINING AND PROFESSIONAL DE-
VELOPMENT.
(a) IN GENERAL.—Chapter 1 of subpart 2 of part
D of the Individuals with Disabilities Education Act (20
U.S.C. 1471 et seq.) is amended by inserting after section
673 the following:
‘‘SEC. 673A. TRAINING AND PROFESSIONAL DEVELOPMENT
FOR PERSONNEL PROVIDING EARLY INTER-
VENTION SERVICES.
‘‘(a) IN GENERAL.—The Secretary shall, on a com-
petitive basis, make grants to, or enter into contracts or
cooperative agreements with, lead agencies designated
pursuant to section 635(a)(10) to provide pre-service and
in-service training and professional development—
‘‘(1) to personnel who provide early intervention
services (as defined in section 632), including mental
health professionals who work with young children
and their families, in order to expand the availability
of high-quality early intervention services; and
‘‘(2) to personnel who work with infants, chil-
dren, and families, including child care providers,
teachers implementing the Head Start Act (42
U.S.C. 9831 et seq.), child welfare personnel, and
personnel administering block grants for temporary
assistance for needy families under part A of title IV
of the Social Security Act (42 U.S.C. 601 et seq.),
in order to improve their familiarity with the State
system described in section 633 and their ability to
make appropriate referrals to such system.
‘‘(b) PREFERENCE.—
‘‘(1) IN
GENERAL.—In providing assistance
under subsection (a), the Secretary shall give pref-
erence to applicants that propose to develop and im-
plement coordinated training for State agency per-
sonnel, including personnel from State agencies with
jurisdiction over mental health, child care, early
childhood education, programs under the Head Start
Act, child welfare, substance abuse, domestic vio-
lence, and block grants for temporary assistance for
needy families under part A of title IV of the Social
Security Act, and other State personnel having fre-
quent contact with children under 3 years of age and
their families.
‘‘(2) OBJECTIVES.—The objectives of such co-
ordinated training shall be to foster integrated serv-
ices by improving the ability of State agencies—
‘‘(A) to make appropriate referrals to other
agencies;
‘‘(B) to coordinate services when nec-
essary; and
‘‘(C) to serve as a resource for other agen-
cies in program development and implementa-
tion.
‘‘(c) AUTHORIZATION OF APPROPRIATIONS.—There
are authorized to be appropriated to carry out this section
such sums as may be necessary for each of fiscal years
2003 through 2007.’’.
(b) CLERICAL AMENDMENT.— The table of contents
is amended by inserting after the item relating to section
673 the following:
‘‘Sec. 673A. Training and professional development for personnel providing early
intervention services.’’.
SEC. 11. MODEL DEFINITION OF DEVELOPMENTAL DELAY;
POPULATION ESTIMATE.
(a) IN GENERAL.—The Secretary of Education shall
enter into appropriate arrangements with the National
Academy of Sciences to commission the Academy—
(1) to develop a model meaning for ‘‘develop-
mental delay’’ (as defined in section 632 of the Indi-
viduals with Disabilities Education Act (20 U.S.C.
1432)) for States to use in establishing eligibility for
early intervention services under part C of such Act;
and
(2) to estimate the percentage of each State’s
population who would receive such services if such
model were to be adopted by the State.
(b) AUTHORIZATION
OF APPROPRIATIONS.—There
are authorized to be appropriated $700,000 to carry out
this section for fiscal year 2003.
SEC. 12. SERVICE COORDINATION FOR INFANTS, TOD-
DLERS, AND PRESCHOOL CHILDREN.
The Federal Interagency Coordinating Council estab-
lished under section 644 of the Individuals with Disabil-
ities Education Act (20 U.S.C. 1444) shall consider mech-
anisms for providing service coordination from birth
through age 5 for infants, toddlers, and children served
under part C and section 619 of such Act. Such council
shall submit a report to the Congress not later than 12
months after the date of the enactment of this Act con-
taining recommendations for providing such coordination.
SEC. 13. EFFECTIVE DATE.
The amendments made by this Act shall take effect
on October 1, 2002.
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