129
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 
Individuals 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 re-
spect to the identification, evaluation, and edu-
cational placement of the child, and the provision of 
a free appropriate public education to such child, 
and to obtain an independent educational evaluation 
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 parents, or the child is a ward of the 
State, including the assignment of an individual 
(who shall not be an employee of the State edu-
cational agency, the local educational agency, or any
130
other agency that is involved in the education or 
care of the child) to act as a surrogate for the par-
ents; 
‘‘(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 no-
tice required by paragraph (3) is in the native lan-
guage of the parents, unless it clearly is not feasible 
to do so; 
‘‘(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
131
‘‘(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 edu-
cational 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 ad-
dress of the residence of 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 initi-
ation 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;
132
‘‘(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 paragraph; and 
‘‘(8) procedures that require the State edu-
cational agency to develop a model form to assist 
parents in filing a complaint in accordance with 
paragraph (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: 
‘‘(c) CONTENT OF PRIOR WRITTEN NOTICE.—
‘‘(1) CONTENT.—The notice required by sub-
section (b)(3) shall include—
‘‘(A) a description of the action proposed 
or refused by the agency; 
‘‘(B) an explanation of why the agency 
proposes or refuses to take the action and a de-
scription of each evaluation procedure, test, 
record, or report the agency used as a basis for 
the proposed or refused action; 
‘‘(C) a statement that the parents of a 
child with a disability have protection under the 
procedural safeguards of this part and, if this
133
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 
‘‘(D) sources for parents to contact to ob-
tain assistance in understanding the provisions 
of this part. 
‘‘(2) RULE OF CONSTRUCTION.—The failure to 
provide notice under subsection (b)(3) shall not, in 
and of itself, result in a finding by a hearing officer 
at a due process hearing conducted pursuant to sub-
section (f), that the local educational agency’s pro-
posed action was not appropriate.’’. 
(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—
‘‘(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.
134
‘‘(2) CONTENTS.—The procedural safeguards 
notice shall include a description of the procedural 
safeguards, written in the native language of the 
parents, unless it clearly is not feasible to do so, and 
written in an easily understandable manner, avail-
able under this section and under regulations pro-
mulgated 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 pend-
ency of due process proceedings; 
‘‘(G) procedures for students who are sub-
ject 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; 
‘‘(I) mediation, early dispute resolution, 
and voluntary binding arbitration; 
‘‘(J) due process hearings, including re-
quirements for disclosure of evaluation results 
and recommendations;
135
‘‘(K) State-level appeals (if applicable in 
that State); 
‘‘(L) civil actions; and 
‘‘(M) 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 ARBI-
TRATION.—
‘‘(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, 
including matters arising prior to the filing of 
a complaint pursuant to subsection (b)(6), to 
resolve such disputes through a mediation proc-
ess. 
‘‘(B) REQUIREMENTS.—Such procedures 
shall meet the following requirements: 
‘‘(i) The procedures shall ensure that 
the mediation process—
136
‘‘(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 and community 
training and information center in the 
State established under section 671; 
or 
‘‘(II) an appropriate alternative 
dispute resolution entity;
137
to encourage the use, and explain the bene-
fits, of the mediation process to the par-
ents. 
‘‘(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 
parties to the dispute in the mediation 
process shall be set forth in a written me-
diation 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
138
confidentiality pledge prior to the com-
mencement 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 (k). 
‘‘(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
139
(k) 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 quali-
fied arbitrators and knowledgeable in laws 
and regulations relating to the provision of 
special education and related services. 
‘‘(iv) The arbitration shall be con-
ducted according to State law on arbitra-
tion or, if no such applicable State law, 
consistent with the Revised Uniform Arbi-
tration Act. 
‘‘(v) The voluntary binding arbitration 
shall be scheduled in a timely manner and 
shall be held in a location that is conven-
ient 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.—
140
‘‘(A) ACCESS TO HEARING.—Whenever a 
complaint has been received under subsection 
(b)(6) or (k) 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 op-
portunity for an impartial due process 
hearing under subparagraph (A), the local 
educational agency shall convene a meeting 
with the parents and a team of qualified 
professionals consisting of individuals list-
ed in section 614(d)(1)(B)—
‘‘(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 edu-
cational agency is provided the oppor-
tunity to resolve the complaint;
141
unless the parents and the local edu-
cational agency agree in writing to waive 
such meeting. 
‘‘(ii) DUE PROCESS HEARING.—If the 
local educational agency has not resolved 
the complaint to the satisfaction of the 
parents within 30 days of the receipt of 
the complaint, the due process hearing 
shall occur. 
‘‘(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 
paragraph (1), each party shall disclose to all 
other parties all evaluations completed by that 
date and recommendations based on the offer-
142
ing party’s evaluations that the party intends to 
use at the hearing. 
‘‘(B) FAILURE TO DISCLOSE.—A hearing 
officer may bar any party that fails to comply 
with subparagraph (A) from introducing the 
relevant evaluation or recommendation at the 
hearing 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 educational 
agency involved in the education or care of the 
child; or 
‘‘(ii) any person having a personal or pro-
fessional 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 sub-
paragraph (1)(B), unless the local educational 
agency agrees otherwise.
143
‘‘(C) DECISION OF HEARING OFFICER.—A 
decision made by a hearing officer must be 
based on a determination of whether or not the 
child received a free appropriate public edu-
cation.’’. 
(g) APPEAL.—Section 615 of the Individuals with 
Disabilities 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 
amended—
(1) by redesignating subsection (h) as sub-
section (g); and 
(2) by amending subsection (g) (as redesig-
nated) to read as follows: 
‘‘(g) SAFEGUARDS.—Any party to a hearing con-
ducted pursuant to subsection (f) or (j) shall be ac-
corded—
‘‘(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;
144
‘‘(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 
‘‘(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(c)) (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 by redesignating subsection (i) as sub-
section (h). 
(j) MAINTENANCE
OF
CURRENT
EDUCATIONAL 
PLACEMENT.—Section 615 of the Individuals with Dis-
abilities Education Act (20 U.S.C. 1415) is amended—
(1) by redesignating subsection (j) as sub-
section (i); and 
(2) by amending subsection (i) (as redesig-
nated) to read as follows: 
‘‘(i) MAINTENANCE
OF
CURRENT
EDUCATIONAL 
PLACEMENT.—Except as provided in subsection (j)(4),
145
during the pendency of any proceedings conducted pursu-
ant 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 completed.’’.
(k) PLACEMENT
IN ALTERNATIVE EDUCATIONAL 
SETTING.—Section 615 of the Individuals with Disabil-
ities Education Act (20 U.S.C. 1415) is amended—
(1) by redesignating subsection (k) as sub-
section (j); and 
(2) by amending subsection (j) (as redesig-
nated) to read as follows: 
‘‘(j) PLACEMENT
IN ALTERNATIVE EDUCATIONAL 
SETTING.—
‘‘(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 vio-
lates a code of student conduct policy to an ap-
propriate interim alternative educational set-
ting, another setting, or suspension, for not 
more than 10 school days (to the extent such
146
alternatives would be applied to children with-
out 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 
extent such alternative and such duration would 
be applied to children without disabilities), ex-
cept that the change in placement may last be-
yond 45 school days if required by State law or 
regulation for the violation in question, to en-
sure the safety and appropriate educational at-
mosphere 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—
147
‘‘(i) continue to receive educational 
services selected so as to enable the child 
to continue to participate in the general 
education curriculum, although in another 
setting, 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 deci-
sion regarding placement under this section, the 
parent may request a hearing. 
‘‘(B) HEARING.—The State or local edu-
cational agency shall arrange for a hearing in 
any case described in this subsection when re-
quested by a parent. 
‘‘(4) PLACEMENT DURING APPEALS.—When a 
parent requests a hearing regarding a disciplinary 
action described in paragraph (1)(B) to challenge
148
the interim alternative educational setting or the vio-
lation 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 
ELIGIBLE FOR SPECIAL EDUCATION AND RELATED 
SERVICES.—
‘‘(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 
determined in accordance with this paragraph) 
that the child was a child with a disability be-
fore the behavior that precipitated the discipli-
nary action 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,
149
before the behavior that precipitated the dis-
ciplinary 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 
contained in this clause) to personnel of 
the appropriate 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 
director of special education of such agen-
cy 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
150
to taking disciplinary measures against the 
child, the child may be subjected to dis-
ciplinary measures applied to children 
without disabilities who engaged in com-
parable behaviors 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 accord-
ance with this part, except that, pending 
the results of the evaluation, the child shall 
remain in the educational placement deter-
mined by school authorities. 
‘‘(6) REFERRAL TO AND ACTION BY LAW EN-
FORCEMENT AND JUDICIAL AUTHORITIES.—
151
‘‘(A) IN GENERAL.—Nothing in this part 
shall be construed to prohibit an agency from 
reporting a crime committed by a child with a 
disability to appropriate authorities or to pre-
vent State law enforcement and judicial au-
thorities 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 In-
dividuals with Disabilities Education Act (20 U.S.C. 
1415) is amended by redesignating subsection (l) as sub-
section (k). 
(m) RULE OF CONSTRUCTION.—Section 615 of the 
Individuals with Disabilities Education Act (20 U.S.C. 
1415) is amended—
(1) by redesignating subsection (m) as sub-
section (l); and
152
(2) by amending subsection (l) (as redesig-
nated) to read as follows: 
‘‘(l) TRANSFER OF PARENTAL RIGHTS AT AGE OF 
MAJORITY.—
‘‘(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-
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
153
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. 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 car-
rying 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) CONFIDENTIALITY.—The Secretary shall take 
appropriate action, in accordance with section 444 of the 
General Education Provisions Act (20 U.S.C. 1232g), to 
assure the protection of the confidentiality of any person-
154
ally identifiable data, information, and records collected 
or maintained by the Secretary and by State and local 
educational agencies pursuant to this part. 
‘‘(c) PERSONNEL.—The Secretary is authorized to 
hire qualified personnel necessary to carry out the Sec-
retary’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 com-
petitive service and without regard to chapter 51 and sub-
chapter III of chapter 53 of such title relating to classi-
fication 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-
instructional 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)—
155
‘‘(1) in reducing the paperwork burden on 
teachers, administrators, and related services pro-
viders and non-instructional time spent by teachers 
in complying with this part, including any specific 
recommendations 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 
Secretary shall publish and disseminate widely to States, 
local educational agencies, and parent and community 
training and information centers—
‘‘(1) a model individualized education program 
form; 
‘‘(2) a model form for the procedural safe-
guards notice described in section 615(d); and 
‘‘(3) a model form for the prior written notice 
described in section 615(b)(3);
156
that would be consistent with the requirements of this part 
and be deemed to be sufficient to meet such require-
ments.’’. 
SEC. 207. 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 that receives assist-
ance under this part, and the Secretary of the Interior, 
shall provide data each year to the Secretary—
‘‘(1)(A) on—
‘‘(i) the number of children with disabil-
ities, by race, ethnicity, and disability category, 
who are receiving a free appropriate public edu-
cation; 
‘‘(ii) the number of children with disabil-
ities, by race and ethnicity, who are receiving 
early intervention services; 
‘‘(iii) the number of children with disabil-
ities, by race, ethnicity, and disability category, 
who are participating in regular education; 
‘‘(iv) the number of children with disabil-
ities, by race, ethnicity, and disability category, 
who are in separate classes, separate schools or
157
facilities, or public or private residential facili-
ties; 
‘‘(v) the number of children with disabil-
ities, by race, ethnicity, and disability category, 
who, for each year of age from age 14 to 21, 
stopped receiving special education and related 
services because of program completion or other 
reasons and the reasons why those children 
stopped receiving special education and related 
services; 
‘‘(vi) the number of children with disabil-
ities, by race and ethnicity, who, from birth 
through age 2, stopped receiving early interven-
tion services because of program completion or 
for other reasons; 
‘‘(vii)(I) the number of children with dis-
abilities, by race, ethnicity, and disability cat-
egory, who under subparagraph (A) or (B) of 
section 615(j)(1), are removed to an interim al-
ternative educational setting; 
‘‘(II) the acts or items precipitating those 
removals; and 
‘‘(III) the number of children with disabil-
ities who are subject to long-term suspensions 
or expulsions;
158
‘‘(viii) the number of complaints resolved 
through voluntary binding arbitration; and 
‘‘(ix) the number of mediations held and 
the number of settlement agreements reached 
through mediation; 
‘‘(B) on the number of infants and toddlers, by 
race and ethnicity, who are at risk of having sub-
stantial developmental delays (as defined in section 
632), and who are receiving early intervention serv-
ices 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. 
‘‘(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 
assistance under this part, and the Secretary of the 
Interior, shall provide for the collection and exam-
ination 
of 
data 
to 
determine 
if 
significant 
disproportionality based on race is occurring in the 
State with respect to—
159
‘‘(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); and 
‘‘(B) the placement in particular edu-
cational settings of such children. 
‘‘(2) REVIEW
AND
REVISION
OF
POLICIES, 
PRACTICES, AND PROCEDURES.—In the case of a de-
termination of significant disproportionality with re-
spect to the identification of children as children 
with disabilities, or the placement in particular edu-
cational settings of such children, in accordance with 
paragraph (1), the State or the Secretary of the In-
terior, as the case may be—
‘‘(A) shall provide for the review and, if 
appropriate, 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; and 
‘‘(B) shall require any local educational 
agency identified under paragraph (1) to re-
serve the maximum amount of funds under sec-
tion 613(f) to provide comprehensive coordi-
160
nated pre-referral support services to serve chil-
dren in the local educational agency, particu-
larly children in those groups that were signifi-
cantly overidentified under paragraph (1).’’. 
SEC. 208. PRESCHOOL GRANTS. 
Section 619 of the Individuals with Disabilities Edu-
cation Act (20 U.S.C. 1419) is amended to read as follows: 
‘‘SEC. 619. PRESCHOOL GRANTS. 
‘‘(a) IN GENERAL.—The Secretary shall provide 
grants under this section to assist States to provide special 
education 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.—
161
‘‘(1) IN GENERAL.—The Secretary shall allo-
cate funds among the States in accordance with 
paragraph (2) or (3), as appropriate. 
‘‘(2) INCREASE
IN
FUNDS.—If the amount 
available 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: 
‘‘(A)(i) Except as provided in subpara-
graph (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
162
on children living in poverty, that are available 
and satisfactory to the Secretary. 
‘‘(B) Notwithstanding subparagraph (A), 
allocations under this paragraph shall be sub-
ject 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—
‘‘(I) the sum of—
‘‘(aa) the amount it received 
for fiscal year 1997; and 
‘‘(bb) one third of one per-
cent of the amount by which the 
amount appropriated under sub-
section (j) exceeds the amount 
appropriated 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 multi-
plied by the percentage by which 
the increase in the funds appro-
163
priated from the preceding fiscal 
year exceeds 1.5 percent; or 
‘‘(III) the sum of—
‘‘(aa) the amount it received 
for the preceding fiscal year; and 
‘‘(bb) that amount multi-
plied by 90 percent of the per-
centage increase in the amount 
appropriated from the preceding 
fiscal year. 
‘‘(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 per-
centage 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 ratably reduced, subject to subparagraph 
(B)(i).
164
‘‘(3) DECREASE
IN
FUNDS.—If the amount 
available 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 
allocations 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 
‘‘(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 alloca-
tions is equal to or less than the amount allo-
cated 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)
165
for administration and other State-level activities in 
accordance 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 per-
cent of the amount the State received under this sec-
tion for fiscal year 1997, cumulatively adjusted by 
the Secretary for each succeeding fiscal year by the 
lesser of—
‘‘(A) the percentage increase, if any, from 
the preceding fiscal year in the State’s alloca-
tion under this section; or 
‘‘(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 Depart-
ment of Labor. 
‘‘(e) STATE ADMINISTRATION.—
‘‘(1) IN GENERAL.—For the purpose of admin-
istering this section (including the coordination of 
activities under this part with, and providing tech-
nical assistance to, other programs that provide 
services to children with disabilities) a State may 
use not more than 20 percent of the maximum
166
amount it may retain under subsection (d) for any 
fiscal year. 
‘‘(2) ADMINISTRATION OF PART C.—Funds de-
scribed in paragraph (1) may also be used for the 
administration of part C of this Act, if the State 
educational 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 
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 im-
plementation of the State plan under subpart 1 of 
part D if the State receives funds under that sub-
part; or
199
‘‘(f) CONFLICT OF INTEREST.—No member of the 
council shall cast a vote on any matter that would provide 
direct financial benefit to that member or otherwise give 
the appearance 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 serv-
ices to infants and toddlers with disabilities. 
‘‘SEC. 643. ALLOCATION OF FUNDS. 
‘‘(a) RESERVATION
OF
FUNDS
FOR
OUTLYING 
AREAS.—