H. R. 5
One Hundred Fifth Congress
of the
United States of America
AT THE FIRST SESSION
Begun and held at the City of Washington on Tuesday,
the seventh day of January, one thousand nine hundred and ninety-seven
An Act
To amend the Individuals with Disabilities Education Act, to reauthorize and make
improvements to that Act, and for other purposes.
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘Individuals with Disabilities
Education Act Amendments of 1997’’.
TITLE 
I—AMENDMENTS 
TO 
THE
INDIVIDUALS 
WITH 
DISABILITIES
EDUCATION ACT
SEC. 101. AMENDMENTS TO THE INDIVIDUALS WITH DISABILITIES
EDUCATION ACT.
Parts A through D of the Individuals with Disabilities
Education Act (20 U.S.C. 1400 et seq.) are amended to read as
follows:
‘‘PART A—GENERAL PROVISIONS
‘‘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.
‘‘PART B—ASSISTANCE FOR EDUCATION OF ALL CHILDREN WITH DISABILITIES
‘‘Sec. 611. Authorization; allotment; use of funds; authorization of appropriations.
‘‘Sec. 612. State eligibility.
‘‘Sec. 613. Local educational agency eligibility.
‘‘Sec. 614. Evaluations, 
eligibility 
determinations, 
individualized 
education
programs, and educational placements.
‘‘Sec. 615. Procedural safeguards.
‘‘Sec. 616. Withholding and judicial review.
‘‘Sec. 617. Administration.
H. R. 5—2
‘‘Sec. 618. Program information.
‘‘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. Federal Interagency Coordinating Council.
‘‘Sec. 645. Authorization of appropriations.
‘‘PART D—NATIONAL ACTIVITIES TO IMPROVE EDUCATION OF CHILDREN WITH
DISABILITIES
‘‘SUBPART 1—STATE PROGRAM IMPROVEMENT GRANTS FOR CHILDREN WITH DISABILITIES
‘‘Sec. 651. Findings and purpose.
‘‘Sec. 652. Eligibility and collaborative process.
‘‘Sec. 653. Applications.
‘‘Sec. 654. Use of funds.
‘‘Sec. 655. Minimum State grant amounts.
‘‘Sec. 656. Authorization of appropriations.
‘‘SUBPART 2—COORDINATED RESEARCH, PERSONNEL PREPARATION, TECHNICAL
ASSISTANCE, SUPPORT, AND DISSEMINATION OF INFORMATION
‘‘Sec. 661. Administrative provisions.
‘‘CHAPTER
1—IMPROVING
EARLY
INTERVENTION, EDUCATIONAL, AND
TRANSITIONAL
SERVICES AND RESULTS FOR CHILDREN WITH DISABILITIES THROUGH COORDINATED
RESEARCH AND PERSONNEL PREPARATION
‘‘Sec. 671. Findings and purpose.
‘‘Sec. 672. Research and innovation to improve services and results for children
with disabilities.
‘‘Sec. 673. Personnel preparation to improve services and results for children with
disabilities.
‘‘Sec. 674. Studies and evaluations.
‘‘CHAPTER
2—IMPROVING
EARLY
INTERVENTION, EDUCATIONAL, AND
TRANSITIONAL
SERVICES AND RESULTS FOR CHILDREN WITH DISABILITIES THROUGH COORDINATED
TECHNICAL ASSISTANCE, SUPPORT, AND DISSEMINATION OF INFORMATION
‘‘Sec. 681. Findings and purposes.
‘‘Sec. 682. Parent training and information centers.
‘‘Sec. 683. Community parent resource centers.
‘‘Sec. 684. Technical assistance for parent training and information centers.
‘‘Sec. 685. Coordinated technical assistance and dissemination.
‘‘Sec. 686. Authorization of appropriations.
‘‘Sec. 687. Technology development, demonstration, and utilization, and media
services.
‘‘(c) FINDINGS.—The Congress finds the following:
‘‘(1) Disability is a natural part of the human experience
and in no way diminishes the right of individuals to participate
in or contribute to society. Improving educational results for
children with disabilities is an essential element of our national
policy of ensuring equality of opportunity, full participation,
independent living, and economic self-sufficiency 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)—
H. R. 5—3
‘‘(A) the special educational needs of children with
disabilities were not being fully met;
‘‘(B) more than one-half of the children with disabilities
in the United States did not receive appropriate educational
services that would enable such children to have full equal-
ity of opportunity;
‘‘(C) 1,000,000 of the children with disabilities in the
United States were excluded entirely from the public school
system and did not go through the educational process
with their peers;
‘‘(D) there were many children with disabilities
throughout the United States participating in regular
school programs whose disabilities prevented such children
from having a successful educational experience because
their disabilities were undetected; and
‘‘(E) because of the lack of adequate services within
the public school system, families were often forced to
find services outside the public school system, often at
great distance from their residence and at their own
expense.
‘‘(3) Since the enactment and implementation of the Edu-
cation 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
education and in improving educational results for children
with disabilities.
‘‘(4) However, the implementation of this Act has been
impeded by low expectations, and an insufficient focus on apply-
ing replicable research on proven methods of teaching and
learning for children with disabilities.
‘‘(5) Over 20 years of research and experience has dem-
onstrated that the education of children with disabilities can
be made more effective by—
‘‘(A) having high expectations for such children and
ensuring their access in the general curriculum to the
maximum extent possible;
‘‘(B) strengthening the role of parents and ensuring
that families of such children have meaningful opportuni-
ties to participate in the education of their children at
school and at home;
‘‘(C) coordinating this Act with other local, educational
service agency, State, and Federal school improvement
efforts in order to ensure that such children benefit from
such efforts and that special education can become a service
for such children rather than a place where they are sent;
‘‘(D) providing appropriate special education and
related services and aids and supports in the regular class-
room to such children, whenever appropriate;
‘‘(E) supporting high-quality, intensive professional
development for all personnel who work with such children
in order to ensure that they have the skills and knowledge
necessary to enable them—
‘‘(i) to meet developmental goals and, to the maxi-
mum extent possible, those challenging expectations
that have been established for all children; and
‘‘(ii) to be prepared to lead productive, independent,
adult lives, to the maximum extent possible;
H. R. 5—4
‘‘(F) providing incentives for whole-school approaches
and pre-referral intervention to reduce the need to label
children as disabled in order to address their learning
needs; and
‘‘(G) focusing resources on teaching and learning while
reducing paperwork and requirements that do not assist
in improving educational results.
‘‘(6) While States, local educational agencies, and edu-
cational service agencies are responsible for providing an
education for all children with disabilities, it is in the national
interest that the Federal Government have a role in assisting
State and local efforts to educate children with disabilities
in order to improve results for such children and to ensure
equal protection of the law.
‘‘(7)(A) The Federal Government must be responsive to
the growing needs of an increasingly more diverse society.
A more equitable allocation of resources is essential for the
Federal Government to meet its responsibility to provide an
equal educational opportunity for all individuals.
‘‘(B) America’s racial profile is rapidly changing. Between
1980 and 1990, the rate of increase in the population for white
Americans was 6 percent, while the rate of increase for racial
and ethnic minorities was much higher: 53 percent for His-
panics, 13.2 percent for African-Americans, and 107.8 percent
for Asians.
‘‘(C) By the year 2000, this Nation will have 275,000,000
people, nearly one of every three of whom will be either African-
American, Hispanic, Asian-American, or American Indian.
‘‘(D) Taken together as a group, minority children are
comprising an ever larger percentage of public school students.
Large-city school populations are overwhelmingly minority, for
example: for fall 1993, the figure for Miami was 84 percent;
Chicago, 89 percent; Philadelphia, 78 percent; Baltimore, 84
percent; Houston, 88 percent; and Los Angeles, 88 percent.
‘‘(E) Recruitment efforts within special education must
focus on bringing larger numbers of minorities into the profes-
sion in order to provide appropriate practitioner knowledge,
role models, and sufficient manpower to address the clearly
changing demography of special education.
‘‘(F) The limited English proficient population is the fastest
growing in our Nation, and the growth is occurring in many
parts of our Nation. In the Nation’s 2 largest school districts,
limited English proficient students make up almost half of
all students initially entering school at the kindergarten level.
Studies have documented apparent discrepancies in the levels
of referral and placement of limited English proficient children
in special education. The Department of Education has found
that services provided to limited English proficient students
often do not respond primarily to the pupil’s academic needs.
These trends pose special challenges for special education in
the referral, assessment, and services for our Nation’s students
from non-English language backgrounds.
‘‘(8)(A) Greater efforts are needed to prevent the intensifica-
tion of problems connected with mislabeling and high dropout
rates among minority children with disabilities.
H. R. 5—5
‘‘(B) More minority children continue to be served in special
education than would be expected from the percentage of minor-
ity students in the general school population.
‘‘(C) Poor African-American children are 2.3 times more
likely to be identified by their teacher as having mental retarda-
tion than their white counterpart.
‘‘(D) Although African-Americans represent 16 percent of
elementary and secondary enrollments, they constitute 21 per-
cent of total enrollments in special education.
‘‘(E) The drop-out rate is 68 percent higher for minorities
than for whites.
‘‘(F) More than 50 percent of minority students in large
cities drop out of school.
‘‘(9)(A) The opportunity for full participation in awards
for grants and contracts; boards of organizations receiving funds
under this Act; and peer review panels; and training of profes-
sionals in the area of special education by minority individuals,
organizations, and historically black colleges and universities
is essential if we are to obtain greater success in the education
of minority children with disabilities.
‘‘(B) In 1993, of the 915,000 college and university profes-
sors, 4.9 percent were African-American and 2.4 percent were
Hispanic. Of the 2,940,000 teachers, prekindergarten through
high school, 6.8 percent were African-American and 4.1 percent
were Hispanic.
‘‘(C) Students from minority groups comprise more than
50 percent of K–12 public school enrollment in seven States
yet minority enrollment in teacher training programs is less
than 15 percent in all but six States.
‘‘(D) As the number of African-American and Hispanic stu-
dents in special education increases, the number of minority
teachers and related service personnel produced in our colleges
and universities continues to decrease.
‘‘(E) Ten years ago, 12 percent of the United States teaching
force in public elementary and secondary schools were members
of a minority group. Minorities comprised 21 percent of the
national population at that time and were clearly underrep-
resented then among employed teachers. Today, the elementary
and secondary teaching force is 13 percent minority, while
one-third of the students in public schools are minority children.
‘‘(F) As recently as 1991, historically black colleges and
universities enrolled 44 percent of the African-American teacher
trainees in the Nation. However, in 1993, historically black
colleges and universities received only 4 percent of the discre-
tionary funds for special education and related services person-
nel training under this Act.
‘‘(G) While African-American students constitute 28 percent
of total enrollment in special education, only 11.2 percent of
individuals enrolled in preservice training programs for special
education are African-American.
‘‘(H) In 1986–87, of the degrees conferred in education
at the B.A., M.A., and Ph.D. levels, only 6, 8, and 8 percent,
respectively, were awarded to African-American or Hispanic
students.
‘‘(10) Minorities and underserved persons are socially dis-
advantaged because of the lack of opportunities in training
and educational programs, undergirded by the practices in the
H. R. 5—6
private sector that impede their full participation in the main-
stream of society.
‘‘(d) PURPOSES.—The purposes of this title are—
‘‘(1)(A) to ensure that all children with disabilities have
available to them a free appropriate public education that
emphasizes special education and related services designed to
meet their unique needs and prepare them for employment
and independent living;
‘‘(B) to ensure that the rights of children with disabilities
and parents of such children are protected; 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, multidisciplinary, interagency sys-
tem of early intervention services for infants and toddlers with
disabilities and their families;
‘‘(3) to ensure that educators and parents have the nec-
essary tools to improve educational results for children with
disabilities by supporting systemic-change activities; coordi-
nated 
research 
and 
personnel 
preparation; 
coordinated
technical assistance, dissemination, and support; and tech-
nology development 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 prod-
uct system, whether acquired commercially off the shelf,
modified, or customized, that is used to increase, maintain,
or improve functional capabilities of a child with a disability.
‘‘(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 technology 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 providing for
the acquisition of assistive technology devices by such child;
‘‘(C) selecting, designing, fitting, customizing, adapting,
applying, maintaining, repairing, or replacing of assistive
technology devices;
‘‘(D) coordinating and using other therapies, interven-
tions, or services with assistive technology devices, such
as those associated with existing education and rehabilita-
tion plans and programs;
‘‘(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 rehabilita-
tion services), employers, 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.—
H. R. 5—7
‘‘(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 impairments (including blindness), serious emo-
tional disturbance (hereinafter referred to as ‘emotional
disturbance’), orthopedic impairments, autism, trau-
matic brain injury, other health impairments, or
specific learning disabilities; and
‘‘(ii) who, by reason thereof, needs special edu-
cation and related services.
‘‘(B) CHILD AGED 3 THROUGH 9.—The term ‘child with
a disability ’ for a child aged 3 through 9 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
instruments and procedures, in one or more of the
following 
areas: 
physical 
development, 
cognitive
development, communication development, social or
emotional development, or adaptive development; and
‘‘(ii) who, by reason thereof, needs special edu-
cation 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 develop, manage,
and provide services or programs to local educational
agencies; and
‘‘(ii) recognized as an administrative agency for
purposes of the provision of special education and
related services provided within public elementary and
secondary schools of the State; and
‘‘(B) includes any other public institution or agency
having administrative control and direction over a public
elementary or secondary school.
‘‘(5) ELEMENTARY SCHOOL.—The term ‘elementary school’
means a nonprofit institutional day or residential school that
provides elementary education, as determined under State law.
‘‘(6) EQUIPMENT.—The term ‘equipment’ includes—
‘‘(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 edu-
cational services, including items such as instructional
equipment and necessary furniture; printed, published, and
audio-visual instructional materials; telecommunications,
sensory, and other technological aids and devices; and
books, periodicals, documents, and other related materials.
‘‘(7) EXCESS COSTS.—The term ‘excess costs’ means those
costs that are in excess of the average annual per-student
expenditure in a local educational 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—
H. R. 5—8
‘‘(i) under part B of this title;
‘‘(ii) under part A of title I of the Elementary
and Secondary Education Act of 1965; or
‘‘(iii) under part A of title VII of that Act; and
‘‘(B) any State or local funds expended for programs
that would qualify for assistance under any of those parts.
‘‘(8) FREE APPROPRIATE PUBLIC EDUCATION.—The term ‘free
appropriate public education’ means special education and
related services that—
‘‘(A) have been provided at public expense, under public
supervision and direction, and without charge;
‘‘(B) meet the standards of the State educational
agency;
‘‘(C) include an appropriate preschool, elementary, or
secondary school education in the State involved; and
‘‘(D) are provided in conformity with the individualized
education program required under section 614(d).
‘‘(9) INDIAN.—The term ‘Indian’ means an individual who
is a member of an Indian tribe.
‘‘(10) 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 corporation (as defined in or established under the
Alaska Native Claims Settlement Act).
‘‘(11) INDIVIDUALIZED
EDUCATION
PROGRAM.—The term
‘individualized education program’ or ‘IEP ’ means a written
statement for each child with a disability that is developed,
reviewed, and revised in accordance with section 614(d).
‘‘(12) INDIVIDUALIZED
FAMILY
SERVICE
PLAN.—The term
‘individualized family service plan’ has the meaning given such
term in section 636.
‘‘(13) INFANT OR TODDLER WITH A DISABILITY.—The term
‘infant or toddler with a disability ’ has the meaning given
such term in section 632.
‘‘(14) INSTITUTION
OF
HIGHER
EDUCATION.—The term
‘institution of higher education’—
‘‘(A) has the meaning given that term in section 1201(a)
of the Higher Education Act of 1965; and
‘‘(B) also includes any community college receiving
funding from the Secretary of the Interior under the Trib-
ally Controlled Community College Assistance Act of 1978.
‘‘(15) LOCAL EDUCATIONAL AGENCY.—
‘‘(A) The term ‘local educational agency’ means a public
board of education or other public authority legally con-
stituted within a State for either administrative control
or direction of, or to perform a service function for, public
elementary or secondary schools in a city, county, township,
school district, or other political subdivision of a State,
or for such combination of school districts or counties as
are recognized in a State as an administrative agency
for its public 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 secondary school.
H. R. 5—9
‘‘(C) The term includes an elementary or secondary
school funded by the Bureau of Indian 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 stu-
dent population, except that the school shall not be subject
to the jurisdiction of any State educational agency other
than the Bureau of Indian Affairs.
‘‘(16) NATIVE LANGUAGE.—The term ‘native language’, when
used with reference to an individual of limited English pro-
ficiency, 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.
‘‘(17) NONPROFIT.—The term ‘nonprofit’, as applied to a
school, agency, organization, or institution, means a school,
agency, organization, or institution owned and operated by
one or more nonprofit corporations or associations no part of
the net earnings of which inures, or may lawfully inure, to
the benefit of any private shareholder or individual.
‘‘(18) OUTLYING AREA.—The term ‘outlying area’ means the
United States Virgin Islands, Guam, American Samoa, and
the Commonwealth of the Northern Mariana Islands.
‘‘(19) 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 sec-
tions to be a surrogate parent.
‘‘(20) PARENT ORGANIZATION.—The term ‘parent organiza-
tion’ has the meaning given that term in section 682(g).
‘‘(21) PARENT
TRAINING
AND
INFORMATION
CENTER.—The
term ‘parent training and information center’ means a center
assisted under section 682 or 683.
‘‘(22) RELATED
SERVICES.—The term ‘related services’
means transportation, and such developmental, corrective, and
other supportive services (including speech-language pathology
and audiology services, psychological services, physical and
occupational therapy, recreation, including therapeutic recre-
ation, 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 assist a child with a disability to benefit from special edu-
cation, and includes the early identification and assessment
of disabling conditions in children.
‘‘(23) SECONDARY
SCHOOL.—The term ‘secondary school’
means a nonprofit institutional day or residential school that
provides secondary education, as determined under State law,
except that it does not include any education beyond grade
12.
‘‘(24) SECRETARY.—The term ‘Secretary’ means the Sec-
retary of Education.
‘‘(25) 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—
H. R. 5—10
‘‘(A) instruction conducted in the classroom, in the
home, in hospitals and institutions, and in other settings;
and
‘‘(B) instruction in physical education.
‘‘(26) SPECIFIC LEARNING DISABILITY.—
‘‘(A) IN GENERAL.—The term ‘specific learning disabil-
ity ’ means a disorder in one or more of the basic
psychological processes involved 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 calculations.
‘‘(B) DISORDERS INCLUDED.—Such term includes such
conditions as perceptual disabilities, brain injury, minimal
brain dysfunction, dyslexia, and developmental aphasia.
‘‘(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,
cultural, or economic disadvantage.
‘‘(27) STATE.—The term ‘State’ means each of the 50 States,
the District of Columbia, the Commonwealth of Puerto Rico,
and each of the outlying areas.
‘‘(28) STATE EDUCATIONAL AGENCY.—The term ‘State edu-
cational agency’ means the State board of education or other
agency or officer primarily responsible for the State supervision
of public elementary and secondary schools, or, if there is
no such officer or agency, an officer or agency designated by
the Governor or by State law.
‘‘(29) 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-related settings to enable children with
disabilities to be educated with nondisabled children to the
maximum extent appropriate in accordance with section
612(a)(5).
‘‘(30) TRANSITION SERVICES.—The term ‘transition services’
means a coordinated set of activities for a student with a
disability that—
‘‘(A) is designed within an outcome-oriented process,
which promotes movement from school to post-school
activities, including post-secondary education, vocational
training, integrated employment (including supported
employment), continuing and adult education, adult serv-
ices, independent living, or community participation;
‘‘(B) is based upon the individual student’s needs, tak-
ing into account the student’s preferences and interests;
and
‘‘(C) includes instruction, related services, community
experiences, the development of employment and other
post-school adult living objectives, and, when appropriate,
acquisition of daily living skills and functional vocational
evaluation.
‘‘SEC. 603. OFFICE OF SPECIAL EDUCATION PROGRAMS.
‘‘(a) ESTABLISHMENT.—There shall be, within the Office of Spe-
cial Education and Rehabilitative Services in the Department of
Education, an Office of Special Education Programs, which shall
H. R. 5—11
be the principal agency in such Department for administering and
carrying out this Act and other programs and activities concerning
the education of children with disabilities.
‘‘(b) DIRECTOR.—The Office established under subsection (a)
shall be headed by a Director who shall be selected by the Secretary
and shall report directly to the Assistant Secretary for Special
Education and Rehabilitative Services.
‘‘(c) VOLUNTARY
AND
UNCOMPENSATED
SERVICES.—Notwith-
standing section 1342 of title 31, United States Code, the Secretary
is authorized to accept voluntary and uncompensated services in
furtherance of the purposes of this Act.
‘‘SEC. 604. ABROGATION OF STATE SOVEREIGN IMMUNITY.
‘‘(a) IN GENERAL.—A State shall not be immune under the
eleventh amendment to the Constitution of the United States from
suit in Federal court for a violation of this Act.
‘‘(b) REMEDIES.—In a suit against a State for a violation of
this Act, remedies (including remedies both at law and in equity)
are available for such a violation to the same extent as those
remedies are available for such a violation in the suit against
any public entity other than a State.
‘‘(c) EFFECTIVE DATE.—Subsections (a) and (b) apply with
respect to violations that occur in whole or part after the date
of the enactment of the Education of the Handicapped Act Amend-
ments of 1990.
‘‘SEC. 605. ACQUISITION OF EQUIPMENT; CONSTRUCTION OR ALTER-
ATION 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 appropriate 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 construc-
tion of new facilities or alteration of existing facilities under
subsection (a) shall comply with the requirements of—
‘‘(1) appendix A of part 36 of title 28, Code of Federal
Regulations (commonly known as the ‘Americans with Disabil-
ities 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 Acces-
sibility Standards’).
‘‘SEC. 606. EMPLOYMENT OF INDIVIDUALS WITH DISABILITIES.
‘‘The Secretary shall ensure that each recipient of assistance
under this Act makes positive efforts to employ and advance in
employment qualified individuals with disabilities in programs
assisted under this Act.
‘‘SEC. 607. REQUIREMENTS FOR PRESCRIBING REGULATIONS.
‘‘(a) PUBLIC COMMENT PERIOD.—The Secretary shall provide
a public comment period of at least 90 days on any regulation
proposed under part B or part C of this Act on which an opportunity
for public comment is otherwise required by law.
‘‘(b) PROTECTIONS PROVIDED TO CHILDREN.—The Secretary may
not implement, or publish in final form, any regulation prescribed
pursuant to this Act that would procedurally or substantively lessen
the protections provided to children with disabilities under this
H. R. 5—12
Act, as embodied in regulations in effect on July 20, 1983 (particu-
larly as such protections relate to parental consent to initial
evaluation or initial placement in special education, least restrictive
environment, related services, timelines, attendance of evaluation
personnel at individualized education program meetings, or quali-
fications of personnel), except to the extent that such regulation
reflects the clear and unequivocal intent of the Congress in legisla-
tion.
‘‘(c) POLICY LETTERS
AND STATEMENTS.—The Secretary may
not, through policy letters or other statements, establish a rule
that is required for compliance with, and eligibility under, this
part without following the requirements of section 553 of title
5, United States Code.
‘‘(d) 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 various additional forms of commu-
nication, a list of correspondence from the Department of
Education received by individuals during the previous quarter
that describes the interpretations of the Department of Edu-
cation of this Act or the regulations implemented pursuant
to this Act.
‘‘(2) 
ADDITIONAL
INFORMATION.—For 
each 
item 
of
correspondence published in a list under paragraph (1), the
Secretary shall identify the topic addressed by the correspond-
ence and shall include such other summary information as
the Secretary determines to be appropriate.
‘‘(e) ISSUES
OF
NATIONAL
SIGNIFICANCE.—If the Secretary
receives a written request regarding a policy, question, or
interpretation under part B of this Act, and determines that it
raises an issue of general interest or applicability of national signifi-
cance to the implementation of part B, the Secretary shall—
‘‘(1) include a statement to that effect in any written
response;
‘‘(2) widely disseminate that response to State educational
agencies, local educational agencies, parent and advocacy
organizations, and other interested organizations, subject to
applicable laws relating to confidentiality of information; and
‘‘(3) not later than one year after the date on which the
Secretary responds to the written request, issue written guid-
ance on such policy, question, or interpretation through such
means as the Secretary determines to be appropriate and
consistent with law, such as a policy memorandum, notice
of interpretation, or notice of proposed rulemaking.
‘‘(f ) EXPLANATION.—Any written response by the Secretary
under subsection (e) regarding a policy, question, or interpretation
under part B of this Act shall include an explanation that the
written response—
‘‘(1) is provided as informal guidance and is not legally
binding; and
‘‘(2) represents the interpretation by the Department of
Education of the applicable statutory or regulatory require-
ments in the context of the specific facts presented.
H. R. 5—13
‘‘PART B—ASSISTANCE FOR EDUCATION OF
ALL CHILDREN WITH DISABILITIES
‘‘SEC. 611. AUTHORIZATION; ALLOTMENT; USE OF FUNDS; AUTHORIZA-
TION OF APPROPRIATIONS.
‘‘(a) GRANTS TO STATES.—
‘‘(1) PURPOSE OF GRANTS.—The Secretary shall make grants
to States and the outlying areas, and provide funds to the
Secretary of the Interior, to assist them to provide special
education and related services to children with disabilities in
accordance with this part.
‘‘(2) MAXIMUM AMOUNTS.—The maximum amount of the
grant a State may receive under this section for any fiscal
year is—
‘‘(A) the number of children with disabilities in the
State who are receiving special education and related serv-
ices—
‘‘(i) aged 3 through 5 if the State is eligible for
a grant under section 619; and
‘‘(ii) aged 6 through 21; multiplied by
‘‘(B) 40 percent of the average per-pupil expenditure
in public elementary and secondary schools in the United
States.
‘‘(b) OUTLYING AREAS AND FREELY ASSOCIATED STATES.—
‘‘(1) FUNDS RESERVED.—From the amount appropriated for
any fiscal year under subsection (j), the Secretary shall reserve
not more than one percent, which shall be used—
‘‘(A) to provide assistance to the outlying areas in
accordance with their respective populations of individuals
aged 3 through 21; and
‘‘(B) for fiscal years 1998 through 2001, to carry out
the competition described in paragraph (2), except that
the amount reserved to carry out that competition shall
not exceed the amount reserved for fiscal year 1996 for
the competition under part B of this Act described under
the heading ‘‘SPECIAL EDUCATION’’ in Public Law 104–
134.
‘‘(2) LIMITATION FOR FREELY ASSOCIATED STATES.—
‘‘(A) COMPETITIVE
GRANTS.—The Secretary shall use
funds described in paragraph (1)(B) to award grants, on
a competitive basis, to Guam, American Samoa, the
Commonwealth of the Northern Mariana Islands, and the
freely associated States to carry out the purposes of this
part.
‘‘(B) AWARD BASIS.—The Secretary shall award grants
under subparagraph (A) on a competitive basis, pursuant
to the recommendations of the Pacific Region Educational
Laboratory in Honolulu, Hawaii. Those recommendations
shall be made by experts in the field of special education
and related services.
‘‘(C) ASSISTANCE
REQUIREMENTS.—Any freely associ-
ated State that wishes to receive funds under this part
shall include, in its application for assistance—
‘‘(i) information demonstrating that it will meet
all conditions that apply to States under this part;
H. R. 5—14
‘‘(ii) an assurance that, notwithstanding any other
provision of this part, it will use those funds only
for the direct provision of special education and related
services to children with disabilities and to enhance
its capacity to make a free appropriate public education
available to all children with disabilities;
‘‘(iii) the identity of the source and amount of
funds, in addition to funds under this part, that it
will make available to ensure that a free appropriate
public education is available to all children with
disabilities within its jurisdiction; and
‘‘(iv) such other information and assurances as the
Secretary may require.
‘‘(D) TERMINATION
OF
ELIGIBILITY.—Notwithstanding
any other provision of law, the freely associated States
shall not receive any funds under this part for any program
year that begins after September 30, 2001.
‘‘(E) ADMINISTRATIVE COSTS.—The Secretary may pro-
vide not more than five percent of the amount reserved
for grants under this paragraph to pay the administrative
costs of the Pacific Region Educational Laboratory under
subparagraph (B).
‘‘(3) LIMITATION.—An outlying area is not eligible for a
competitive award under paragraph (2) unless it receives assist-
ance under paragraph (1)(A).
‘‘(4) SPECIAL RULE.—The provisions of Public Law 95–134,
permitting the consolidation of grants by the outlying areas,
shall not apply to funds provided to those areas or to the
freely associated States under this section.
‘‘(5) ELIGIBILITY FOR DISCRETIONARY PROGRAMS.—The freely
associated States shall be eligible to receive assistance under
subpart 2 of part D of this Act until September 30, 2001.
‘‘(6) DEFINITION.—As used in this subsection, the term
‘freely associated States’ means the Republic of the Marshall
Islands, the Federated States of Micronesia, and the Republic
of Palau.
‘‘(c) SECRETARY OF THE INTERIOR.—From the amount appro-
priated for any fiscal year under subsection (j), the Secretary shall
reserve 1.226 percent to provide assistance to the Secretary of
the Interior in accordance with subsection (i).
‘‘(d) ALLOCATIONS TO STATES.—
‘‘(1) IN GENERAL.—After reserving funds for studies and
evaluations under section 674(e), and for payments to the outly-
ing areas and the Secretary of the Interior under subsections
(b) and (c), the Secretary shall allocate the remaining amount
among the States in accordance with paragraph (2) or sub-
section (e), as the case may be.
‘‘(2) INTERIM FORMULA.—Except as provided in subsection
(e), the Secretary shall allocate the amount described in para-
graph (1) among the States in accordance with section 611(a)(3),
(4), and (5) and (b)(1), (2), and (3) of this Act, as in effect
prior to the enactment of the Individuals with Disabilities
Education Act Amendments of 1997, except that the determina-
tion of the number of children with disabilities receiving special
education and related services under such section 611(a)(3)
may, at the State’s discretion, be calculated as of the last
H. R. 5—15
Friday in October or as of December 1 of the fiscal year for
which the funds are appropriated.
‘‘(e) PERMANENT FORMULA.—
‘‘(1) ESTABLISHMENT OF BASE YEAR.—The Secretary shall
allocate the amount described in subsection (d)(1) among the
States in accordance with this subsection for each fiscal year
beginning with the first fiscal year for which the amount appro-
priated under subsection (j) is more than $4,924,672,200.
‘‘(2) USE OF BASE YEAR.—
‘‘(A) DEFINITION.—As used in this subsection, the term
‘base year’ means the fiscal year preceding the first fiscal
year in which this subsection applies.
‘‘(B) SPECIAL RULE FOR USE OF BASE YEAR AMOUNT.—
If a State received any funds under this section for the
base year on the basis of children aged 3 through 5, but
does not make a free appropriate public education available
to all children with disabilities aged 3 through 5 in the
State in any subsequent fiscal year, the Secretary shall
compute the State’s base year amount, solely for the pur-
pose of calculating the State’s allocation in that subsequent
year under paragraph (3) or (4), by subtracting the amount
allocated to the State for the base year on the basis of
those children.
‘‘(3) INCREASE IN FUNDS.—If the amount available for alloca-
tions to States under paragraph (1) is equal to or greater
than the amount allocated to the States under this paragraph
for the preceding fiscal year, those allocations shall be cal-
culated as follows:
‘‘(A)(i) Except as provided in subparagraph (B), the
Secretary shall—
‘‘(I) allocate to each State the amount it received
for the base year;
‘‘(II) allocate 85 percent of any remaining funds
to States on the basis of their relative populations
of children aged 3 through 21 who are of the same
age as children with disabilities for whom the State
ensures the availability of a free appropriate public
education under this part; and
‘‘(III) allocate 15 percent of those remaining funds
to States on the basis of their relative populations
of children described in subclause (II) who are living
in poverty.
‘‘(ii) For the purpose of making grants under this para-
graph, the Secretary shall use the most recent population
data, including data on children living in poverty, that
are available and satisfactory to the Secretary.
‘‘(B) Notwithstanding subparagraph (A), allocations
under this paragraph shall be subject to the following:
‘‘(i) No State’s allocation shall be less than its
allocation for the preceding fiscal year.
‘‘(ii) No State’s allocation shall be less than the
greatest of—
‘‘(I) the sum of—
‘‘(aa) the amount it received for the base
year; and
‘‘(bb) one third of one percent of the
amount by which the amount appropriated
H. R. 5—16
under subsection (j) exceeds the amount appro-
priated under this section for the base year;
‘‘(II) the sum of—
‘‘(aa) the amount it received for the
preceding fiscal year; and
‘‘(bb) that amount multiplied by the
percentage by which the increase in the funds
appropriated 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 multiplied by 90 percent
of the percentage increase in the amount
appropriated from the preceding fiscal year.
‘‘(iii) Notwithstanding clause (ii), no State’s alloca-
tion 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 percentage increase in the
amount appropriated.
‘‘(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).
‘‘(4) 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 preced-
ing 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 the base year,
each State shall be allocated the sum of—
‘‘(i) the amount it received for the base year; and
‘‘(ii) an amount that bears the same relation to
any remaining funds as the increase the State received
for the preceding fiscal year over the base year bears
to the total of all such increases for all States.
‘‘(B)(i) If the amount available for allocations is equal
to or less than the amount allocated to the States for
the base year, each State shall be allocated the amount
it received for the base year.
‘‘(ii) If the amount available is insufficient to make
the allocations described in clause (i), those allocations
shall be ratably reduced.
‘‘(f ) STATE-LEVEL ACTIVITIES.—
‘‘(1) GENERAL.—
‘‘(A) Each State may retain not more than the amount
described in subparagraph (B) for administration and other
State-level activities in accordance with paragraphs (2) and
(3).
‘‘(B) For each fiscal year, the Secretary shall determine
and report to the State educational agency an amount
that is 25 percent of the amount the State received under
this section for fiscal year 1997, cumulatively adjusted
by the Secretary for each succeeding fiscal year by the
lesser of—
H. R. 5—17
‘‘(i) the percentage increase, if any, from the
preceding fiscal year in the State’s allocation under
this section; or
‘‘(ii) the rate of inflation, as measured by 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 Statis-
tics of the Department of Labor.
‘‘(C) A State may use funds it retains under subpara-
graph (A) without regard to—
‘‘(i) the prohibition on commingling of funds in
section 612(a)(18)(B); and
‘‘(ii) the prohibition on supplanting other funds
in section 612(a)(18)(C).
‘‘(2) STATE ADMINISTRATION.—
‘‘(A) For the purpose of administering this part, includ-
ing section 619 (including the coordination of activities
under this part with, and providing technical assistance
to, other programs that provide services to children with
disabilities)—
‘‘(i) each State may use not more than twenty
percent of the maximum amount it may retain under
paragraph (1)(A) for any fiscal year or $500,000
(adjusted by the cumulative rate of inflation since fiscal
year 1998, as measured by the percentage increase,
if any, in the Consumer Price Index For All Urban
Consumers, published by the Bureau of Labor Statis-
tics of the Department of Labor), whichever is greater;
and
‘‘(ii) each outlying area may use up to five percent
of the amount it receives under this section for any
fiscal year or $35,000, whichever is greater.
‘‘(B) Funds described in subparagraph (A) 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.
‘‘(3) OTHER STATE-LEVEL ACTIVITIES.—Each State shall use
any funds it retains under paragraph (1) and does not use
for administration under paragraph (2) for any of the following:
‘‘(A) Support and direct services, including technical
assistance and personnel development and training.
‘‘(B) Administrative costs of monitoring and complaint
investigation, but only to the extent that those costs exceed
the costs incurred for those activities during fiscal year
1985.
‘‘(C) To establish and implement the mediation process
required by section 615(e), including providing for the costs
of mediators and support personnel.
‘‘(D) To assist local educational agencies in meeting
personnel shortages.
‘‘(E) To develop a State Improvement Plan under sub-
part 1 of part D.
‘‘(F) Activities at the State and local levels to meet
the performance goals established by the State under
section 612(a)(16) and to support implementation of the
State Improvement Plan under subpart 1 of part D if
the State receives funds under that subpart.
H. R. 5—18
‘‘(G) To supplement other amounts used to develop
and implement a Statewide coordinated services system
designed to improve results for children and families,
including children with disabilities and their families, but
not to exceed one percent of the amount received by the
State under this section. This system shall be coordinated
with and, to the extent appropriate, build on the system
of coordinated services developed by the State under part
C of this Act.
‘‘(H) For subgrants to local educational agencies for
the purposes described in paragraph (4)(A).
‘‘(4)(A) SUBGRANTS TO LOCAL EDUCATIONAL AGENCIES FOR
CAPACITY-BUILDING AND IMPROVEMENT.—In any fiscal year in
which the percentage increase in the State’s allocation under
this section exceeds the rate of inflation (as measured by the
percentage increase, if any, from the preceding fiscal year in
the Consumer Price Index For All Urban Consumers, published
by the Bureau of Labor Statistics of the Department of Labor),
each State shall reserve, from its allocation under this section,
the amount described in subparagraph (B) to make subgrants
to local educational agencies, unless that amount is less than
$100,000, to assist them in providing direct services and in
making systemic change to improve results for children with
disabilities through one or more of the following:
‘‘(i) Direct services, including alternative programming
for children who have been expelled from school, and serv-
ices for children in correctional facilities, children enrolled
in State-operated or State-supported schools, and children
in charter schools.
‘‘(ii) Addressing needs or carrying out improvement
strategies identified in the State’s Improvement Plan under
subpart 1 of part D.
‘‘(iii) Adopting promising practices, materials, and tech-
nology, based on knowledge derived from education
research and other sources.
‘‘(iv) Establishing, expanding, or implementing inter-
agency agreements and arrangements between local
educational agencies and other agencies or organizations
concerning the provision of services to children with disabil-
ities and their families.
‘‘(v) Increasing cooperative problem-solving between
parents and school personnel and promoting the use of
alternative dispute resolution.
‘‘(B) MAXIMUM SUBGRANT.—For each fiscal year, the amount
referred to in subparagraph (A) is—
‘‘(i) the maximum amount the State was allowed to
retain under paragraph (1)(A) for the prior fiscal year,
or for fiscal year 1998, 25 percent of the State’s allocation
for fiscal year 1997 under this section; multiplied by
‘‘(ii) the difference between the percentage increase
in the State’s allocation under this section and the rate
of inflation, as measured by the percentage increase, if
any, from the preceding fiscal year in the Consumer Price
Index For All Urban Consumers, published by the Bureau
of Labor Statistics of the Department of Labor.
H. R. 5—19
‘‘(5) REPORT ON USE OF FUNDS.—As part of the information
required to be submitted to the Secretary under section 612,
each State shall annually describe—
‘‘(A) how amounts retained under paragraph (1) will
be used to meet the requirements of this part;
‘‘(B) how those amounts will be allocated among the
activities described in paragraphs (2) and (3) to meet State
priorities based on input from local educational agencies;
and
‘‘(C) the percentage of those amounts, if any, that will
be distributed to local educational agencies by formula.
‘‘(g) SUBGRANTS TO LOCAL EDUCATIONAL AGENCIES.—
‘‘(1) SUBGRANTS
REQUIRED.—Each State that receives a
grant under this section for any fiscal year shall distribute
any funds it does not retain under subsection (f ) (at least
75 percent of the grant funds) to local educational agencies
in the State that have established their eligibility under section
613, and to State agencies that received funds under section
614A(a) of this Act for fiscal year 1997, as then in effect,
and have established their eligibility under section 613, for
use in accordance with this part.
‘‘(2) ALLOCATIONS TO LOCAL EDUCATIONAL AGENCIES.—
‘‘(A) INTERIM
PROCEDURE.—For each fiscal year for
which funds are allocated to States under subsection (d)(2),
each State shall allocate funds under paragraph (1) in
accordance with section 611(d) of this Act, as in effect
prior to the enactment of the Individuals with Disabilities
Education Act Amendments of 1997.
‘‘(B) PERMANENT PROCEDURE.—For each fiscal year for
which funds are allocated to States under subsection (e),
each State shall allocate funds under paragraph (1) as
follows:
‘‘(i) BASE PAYMENTS.—The State shall first award
each agency described in paragraph (1) the amount
that agency would have received under this section
for the base year, as defined in subsection (e)(2)(A),
if the State had distributed 75 percent of its grant
for that year under section 611(d), as then in effect.
‘‘(ii) ALLOCATION
OF
REMAINING
FUNDS.—After
making allocations under clause (i), the State shall—
‘‘(I) allocate 85 percent of any remaining funds
to those agencies on the basis of the relative num-
bers of children enrolled in public and private
elementary and secondary schools within the agen-
cy’s jurisdiction; and
‘‘(II) allocate 15 percent of those remaining
funds to those agencies in accordance with their
relative numbers of children living in poverty, as
determined by the State educational agency.
‘‘(3) FORMER CHAPTER 1 STATE AGENCIES.—
‘‘(A) To the extent necessary, the State—
‘‘(i) shall use funds that are available under sub-
section (f )(1)(A) to ensure that each State agency that
received fiscal year 1994 funds under subpart 2 of
part D of chapter 1 of title I of the Elementary and
Secondary Education Act of 1965 receives, from the
combination of funds under subsection (f )(1)(A) and
H. R. 5—20
funds provided under paragraph (1) of this subsection,
an amount equal to—
‘‘(I) the number of children with disabilities,
aged 6 through 21, to whom the agency was provid-
ing special education and related services on
December 1 of the fiscal year for which the funds
were appropriated, subject to the limitation in
subparagraph (B); multiplied by
‘‘(II) the per-child amount provided under such
subpart for fiscal year 1994; and
‘‘(ii) may use those funds to ensure that each local
educational agency that received fiscal year 1994 funds
under that subpart for children who had transferred
from a State-operated or State-supported school or pro-
gram assisted under that subpart receives, from the
combination of funds available under subsection
(f )(1)(A) and funds provided under paragraph (1) of
this subsection, an amount for each such child, aged
3 through 21 to whom the agency was providing special
education and related services on December 1 of the
fiscal year for which the funds were appropriated,
equal to the per-child amount the agency received
under that subpart for fiscal year 1994.
‘‘(B) The number of children counted under subpara-
graph (A)(i)(I) shall not exceed the number of children
aged 3 through 21 for whom the agency received fiscal
year 1994 funds under subpart 2 of part D of chapter
1 of title I of the Elementary and Secondary Education
Act of 1965.
‘‘(4) REALLOCATION
OF
FUNDS.—If a State educational
agency determines that a local educational agency is adequately
providing a free appropriate public education to all children
with disabilities residing in the area served by that agency
with State and local funds, the State educational agency may
reallocate any portion of the funds under this part that are
not needed by that local agency to provide a free appropriate
public education to other local educational agencies in the State
that are not adequately providing special education and related
services to all children with disabilities residing in the areas
they serve.
‘‘(h) DEFINITIONS.—For the purpose of this section—
‘‘(1) the term ‘average per-pupil expenditure in public
elementary and secondary schools in the United States’
means—
‘‘(A) without regard to the source of funds—
‘‘(i) the aggregate current expenditures, during the
second fiscal year preceding the fiscal year for which
the determination is made (or, if satisfactory data for
that year are not available, during the most recent
preceding fiscal year for which satisfactory data are
available) of all local educational agencies in the 50
States and the District of Columbia); plus
‘‘(ii) any direct expenditures by the State for the
operation of those agencies; divided by
‘‘(B) the aggregate number of children in average daily
attendance to whom those agencies provided free public
education during that preceding year; and
H. R. 5—21
‘‘(2) the term ‘State’ means each of the 50 States, the
District of Columbia, and the Commonwealth of Puerto Rico.
‘‘(i) USE OF AMOUNTS BY SECRETARY OF THE INTERIOR.—
‘‘(1) PROVISION OF AMOUNTS FOR ASSISTANCE.—
‘‘(A) IN GENERAL.—The Secretary of Education shall
provide amounts to the Secretary of the Interior to meet
the need for assistance for the education of children with
disabilities on reservations aged 5 to 21, inclusive, enrolled
in elementary and secondary schools for Indian children
operated or funded by the Secretary of the Interior. The
amount of such payment for any fiscal year shall be equal
to 80 percent of the amount allotted under subsection (c)
for that fiscal year.
‘‘(B) CALCULATION OF NUMBER OF CHILDREN.—In the
case of Indian students aged 3 to 5, inclusive, who are
enrolled in programs affiliated with the Bureau of Indian
Affairs (hereafter in this subsection referred to as ‘BIA’)
schools and that are required by the States in which such
schools are located to attain or maintain State accredita-
tion, and which schools have such accreditation prior to
the date of enactment of the Individuals with Disabilities
Education Act Amendments of 1991, the school shall be
allowed to count those children for the purpose of distribu-
tion of the funds provided under this paragraph to the
Secretary of the Interior. The Secretary of the Interior
shall be responsible for meeting all of the requirements
of this part for these children, in accordance with para-
graph (2).
‘‘(C) ADDITIONAL REQUIREMENT.—With respect to all
other children aged 3 to 21, inclusive, on reservations,
the State educational agency shall be responsible for
ensuring that all of the requirements of this part are imple-
mented.
‘‘(2) SUBMISSION OF INFORMATION.—The Secretary of Edu-
cation may provide the Secretary of the Interior amounts under
paragraph (1) for a fiscal year only if the Secretary of the
Interior submits to the Secretary of Education information
that—
‘‘(A) demonstrates that the Department of the Interior
meets the appropriate requirements, as determined by the
Secretary of Education, of sections 612 (including monitor-
ing and evaluation activities) and 613;
‘‘(B) includes a description of how the Secretary of
the Interior will coordinate the provision of services
under this part with local educational agencies, tribes and
tribal organizations, and other private and Federal service
providers;
‘‘(C) includes an assurance that there are public hear-
ings, adequate notice of such hearings, and an opportunity
for comment afforded to members of tribes, tribal governing
bodies, and affected local school boards before the adoption
of the policies, programs, and procedures described in
subparagraph (A);
‘‘(D) includes an assurance that the Secretary of the
Interior will provide such information as the Secretary
of Education may require to comply with section 618;
H. R. 5—22
‘‘(E) includes an assurance that the Secretary of the
Interior and the Secretary of Health and Human Services
have entered into a memorandum of agreement, to be
provided to the Secretary of Education, for the coordination
of services, resources, and personnel between their respec-
tive Federal, State, and local offices and with State and
local educational agencies and other entities to facilitate
the provision of services to Indian children with disabilities
residing on or near reservations (such agreement shall
provide for the apportionment of responsibilities and costs
including, but not limited to, child find, evaluation, diag-
nosis, remediation or therapeutic measures, and (where
appropriate) equipment and medical or personal supplies
as needed for a child to remain in school or a program);
and
‘‘(F) includes an assurance that the Department of
the Interior will cooperate with the Department of Edu-
cation in its exercise of monitoring and oversight of this
application, and any agreements entered into between the
Secretary of the Interior and other entities under this
part, and will fulfill its duties under this part.
Section 616(a) shall apply to the information described in this
paragraph.
‘‘(3) PAYMENTS FOR EDUCATION AND SERVICES FOR INDIAN
CHILDREN WITH DISABILITIES AGED 3 THROUGH 5.—
‘‘(A) IN GENERAL.—With funds appropriated under sub-
section (j), the Secretary of Education shall make payments
to the Secretary of the Interior to be distributed to tribes
or tribal organizations (as defined under section 4 of the
Indian Self-Determination and Education Assistance Act)
or consortia of the above to provide for the coordination
of assistance for special education and related services
for children with disabilities aged 3 through 5 on reserva-
tions served by elementary and secondary schools for
Indian children operated or funded by the Department
of the Interior. The amount of such payments under
subparagraph (B) for any fiscal year shall be equal to
20 percent of the amount allotted under subsection (c).
‘‘(B) DISTRIBUTION OF FUNDS.—The Secretary of the
Interior shall distribute the total amount of the payment
under subparagraph (A) by allocating to each tribe or tribal
organization an amount based on the number of children
with disabilities ages 3 through 5 residing on reservations
as reported annually, divided by the total of those children
served by all tribes or tribal organizations.
‘‘(C) SUBMISSION OF INFORMATION.—To receive a pay-
ment under this paragraph, the tribe or tribal organization
shall submit such figures to the Secretary of the Interior
as required to determine the amounts to be allocated under
subparagraph (B). This information shall be compiled and
submitted to the Secretary of Education.
‘‘(D) USE OF FUNDS.—The funds received by a tribe
or tribal organization shall be used to assist in child find,
screening, and other procedures for the early identification
of children aged 3 through 5, parent training, and the
provision of direct services. These activities may be carried
out directly or through contracts or cooperative agreements
H. R. 5—23
with the BIA, local educational agencies, and other public
or private nonprofit organizations. The tribe or tribal
organization is encouraged to involve Indian parents in
the development and implementation of these activities.
The above entities shall, as appropriate, make referrals
to local, State, or Federal entities for the provision of
services or further diagnosis.
‘‘(E) BIENNIAL
REPORT.—To be eligible to receive a
grant pursuant to subparagraph (A), the tribe or tribal
organization shall provide to the Secretary of the Interior
a biennial report of activities undertaken under this para-
graph, including the number of contracts and cooperative
agreements entered into, the number of children contacted
and receiving services for each year, and the estimated
number of children needing services during the 2 years
following the one in which the report is made. The
Secretary of the Interior shall include a summary of this
information on a biennial basis in the report to the Sec-
retary of Education required under this subsection. The
Secretary of Education may require any additional informa-
tion from the Secretary of the Interior.
‘‘(F) PROHIBITIONS.—None of the funds allocated under
this paragraph may be used by the Secretary of the Interior
for administrative purposes, including child count and the
provision of technical assistance.
‘‘(4) PLAN FOR COORDINATION OF SERVICES.—The Secretary
of the Interior shall develop and implement a plan for the
coordination of services for all Indian children with disabilities
residing on reservations covered under this Act. Such plan
shall provide for the coordination of services benefiting these
children from whatever source, including tribes, the Indian
Health Service, other BIA divisions, and other Federal agencies.
In developing the plan, the Secretary of the Interior shall
consult with all interested and involved parties. It shall be
based on the needs of the children and the system best suited
for meeting those needs, and may involve the establishment
of cooperative agreements between the BIA, other Federal agen-
cies, and other entities. The plan shall also be distributed
upon request to States, State and local educational agencies,
and other agencies providing services to infants, toddlers, and
children with disabilities, to tribes, and to other interested
parties.
‘‘(5) ESTABLISHMENT
OF
ADVISORY
BOARD.—To meet the
requirements of section 612(a)(21), the Secretary of the Interior
shall establish, not later than 6 months after the date of the
enactment of the Individuals with Disabilities Education Act
Amendments of 1997, under the BIA, an advisory board com-
posed of individuals involved in or concerned with the education
and provision of services to Indian infants, toddlers, children,
and youth with disabilities, including Indians with disabilities,
Indian parents or guardians of such children, teachers, service
providers, State and local educational officials, representatives
of tribes or tribal organizations, representatives from State
Interagency Coordinating Councils under section 641 in States
having reservations, and other members representing the var-
ious divisions and entities of the BIA. The chairperson shall
H. R. 5—24
be selected by the Secretary 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 disabilities;
‘‘(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 concerning effec-
tive inter- and intra-agency collaboration, 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 program-
ming for Indian infants, toddlers, and children with
disabilities; and
‘‘(E) provide assistance in the preparation of informa-
tion required under paragraph (2)(D).
‘‘(6) ANNUAL REPORTS.—
‘‘(A) IN
GENERAL.—The advisory board established
under paragraph (5) shall prepare and submit to the Sec-
retary of the Interior and to the Congress an annual report
containing a description of the activities of the advisory
board for the preceding year.
‘‘(B) AVAILABILITY.—The Secretary of the Interior shall
make available to the Secretary of Education the report
described in subparagraph (A).
‘‘(j) AUTHORIZATION OF APPROPRIATIONS.—For the purpose of
carrying out this part, other than section 619, there are authorized
to be appropriated such sums as may be necessary.
‘‘SEC. 612. STATE ELIGIBILITY.
‘‘(a) IN GENERAL.—A State is eligible for assistance under this
part for a fiscal year if the State demonstrates to the satisfaction
of the Secretary that the State has in effect policies and procedures
to ensure that it meets each of the following conditions:
‘‘(1) FREE APPROPRIATE PUBLIC EDUCATION.—
‘‘(A) IN GENERAL.—A free appropriate public education
is available to all children with disabilities residing in
the State between the ages of 3 and 21, inclusive, including
children with disabilities who have been suspended or
expelled from school.
‘‘(B) LIMITATION.—The obligation to make a free appro-
priate public education available to all children with
disabilities does not apply with respect to children:
‘‘(i) aged 3 through 5 and 18 through 21 in a
State to the extent that its application to those children
would be inconsistent with State law or practice, or
the order of any court, respecting the provision of
public education to children in those age ranges; and
‘‘(ii) aged 18 through 21 to the extent that State
law does not require that special education and related
services under this part be provided to children with
disabilities who, in the educational placement prior
to their incarceration in an adult correctional facility:
H. R. 5—25
‘‘(I) were not actually identified as being a
child with a disability under section 602(3) of this
Act; or
‘‘(II) did not have an individualized education
program under this part.
‘‘(2) FULL EDUCATIONAL OPPORTUNITY GOAL.—The State has
established a goal of providing full educational opportunity
to all children with disabilities and a detailed timetable for
accomplishing that goal.
‘‘(3) CHILD FIND.—
‘‘(A) IN GENERAL.—All children with disabilities resid-
ing in the State, including children with disabilities
attending private schools, regardless of the severity of their
disabilities, and who are in need of special education and
related services, are identified, located, and evaluated and
a practical method is developed and implemented to deter-
mine which children with disabilities are currently receiv-
ing needed special education and related services.
‘‘(B) CONSTRUCTION.—Nothing in this Act requires that
children be classified by their disability so long as each
child who has a disability listed in section 602 and who,
by reason of that disability, needs special education and
related services is regarded as a child with a disability
under this part.
‘‘(4) INDIVIDUALIZED EDUCATION PROGRAM.—An individual-
ized education program, or an individualized family service
plan that meets the requirements of section 636(d), is developed,
reviewed, and revised for each child with a disability in accord-
ance with section 614(d).
‘‘(5) LEAST RESTRICTIVE ENVIRONMENT.—
‘‘(A) IN
GENERAL.—To the maximum extent appro-
priate, children with disabilities, including children in
public or private institutions or other care facilities, are
educated with children who are not disabled, and special
classes, separate schooling, or other removal of children
with disabilities from the regular educational environment
occurs only when the nature or severity of the disability
of a child is such that education in regular classes with
the use of supplementary aids and services cannot be
achieved satisfactorily.
‘‘(B) ADDITIONAL REQUIREMENT.—
‘‘(i) IN
GENERAL.—If the State uses a funding
mechanism by which the State distributes State funds
on the basis of the type of setting in which a child
is served, the funding mechanism does not result in
placements that violate the requirements of subpara-
graph (A).
‘‘(ii) ASSURANCE.—If the State does not have poli-
cies and procedures to ensure compliance with clause
(i), the State shall provide the Secretary an assurance
that it will revise the funding mechanism as soon
as feasible to ensure that such mechanism does not
result in such placements.
‘‘(6) PROCEDURAL SAFEGUARDS.—
‘‘(A) IN GENERAL.—Children with disabilities and their
parents are afforded the procedural safeguards required
by section 615.
H. R. 5—26
‘‘(B) ADDITIONAL
PROCEDURAL
SAFEGUARDS.—Proce-
dures to ensure that testing and evaluation materials and
procedures utilized for the purposes of evaluation and
placement of children with disabilities will be selected and
administered so as not to be racially or culturally discrimi-
natory. Such materials or procedures shall be provided
and administered in the child’s native language or mode
of communication, unless it clearly is not feasible to do
so, and no single procedure shall be the sole criterion
for determining an appropriate educational program for
a child.
‘‘(7) EVALUATION.—Children with disabilities are evaluated
in accordance with subsections (a) through (c) of section 614.
‘‘(8) CONFIDENTIALITY.—Agencies in the State comply with
section 617(c) (relating to the confidentiality of records and
information).
‘‘(9) TRANSITION FROM PART C TO PRESCHOOL PROGRAMS.—
Children participating in early-intervention programs assisted
under part C, and who will participate in preschool programs
assisted under this part, experience a smooth and effective
transition to those preschool programs in a manner consistent
with section 637(a)(8). By the third birthday of such a child,
an individualized education program or, if consistent with sec-
tions 614(d)(2)(B) and 636(d), an individualized family service
plan, has been developed and is being implemented for the
child. The local educational agency will participate in transition
planning conferences arranged by the designated lead agency
under section 637(a)(8).
‘‘(10) CHILDREN IN PRIVATE SCHOOLS.—
‘‘(A) CHILDREN ENROLLED IN PRIVATE SCHOOLS BY THEIR
PARENTS.—
‘‘(i) IN GENERAL.—To the extent consistent with
the number and location of children with disabilities
in the State who are enrolled by their parents in pri-
vate elementary and secondary schools, provision is
made for the participation of those children in the
program assisted or carried out under this part by
providing for such children special education and
related services in accordance with the following
requirements, unless the Secretary has arranged for
services to those children under subsection (f ):
‘‘(I) Amounts expended for the provision of
those services by a local educational agency shall
be equal to a proportionate amount of Federal
funds made available under this part.
‘‘(II) Such services may be provided to children
with disabilities on the premises of private, includ-
ing parochial, schools, to the extent consistent with
law.
‘‘(ii) CHILD-FIND REQUIREMENT.—The requirements
of paragraph (3) of this subsection (relating to child
find) shall apply with respect to children with disabil-
ities in the State who are enrolled in private, including
parochial, elementary and secondary schools.
‘‘(B) CHILDREN PLACED IN, OR REFERRED TO, PRIVATE
SCHOOLS BY PUBLIC AGENCIES.—
H. R. 5—27
‘‘(i) IN
GENERAL.—Children with disabilities in
private schools and facilities are provided special edu-
cation and related services, in accordance with an
individualized education program, at no cost to their
parents, if such children are placed in, or referred
to, such schools or facilities by the State or appropriate
local educational agency as the means of carrying out
the requirements of this part or any other applicable
law requiring the provision of special education and
related services to all children with disabilities within
such State.
‘‘(ii) STANDARDS.—In all cases described in clause
(i), the State educational agency shall determine
whether such schools and facilities meet standards
that apply to State and local educational agencies and
that children so served have all the rights they would
have if served by such agencies.
‘‘(C) PAYMENT FOR EDUCATION OF CHILDREN ENROLLED
IN PRIVATE SCHOOLS WITHOUT CONSENT OF OR REFERRAL
BY THE PUBLIC AGENCY.—
‘‘(i) IN GENERAL.—Subject to subparagraph (A), this
part does not require a local educational agency to
pay for the cost of education, including special edu-
cation and related services, of a child with a disability
at a private school or facility if that agency made
a free appropriate public education available to the
child and the parents elected to place the child in
such private school or facility.
‘‘(ii) REIMBURSEMENT FOR PRIVATE SCHOOL PLACE-
MENT.—If the parents of a child with a disability, who
previously received special education and related serv-
ices under the authority of a public agency, enroll
the child in a private elementary or secondary school
without the consent of or referral by the public agency,
a court or a hearing officer may require the agency
to reimburse the parents for the cost of that enrollment
if the court or hearing officer finds that the agency
had not made a free appropriate public education avail-
able to the child in a timely manner prior to that
enrollment.
‘‘(iii) LIMITATION ON REIMBURSEMENT.—The cost of
reimbursement described in clause (ii) may be reduced
or denied—
‘‘(I) if—
‘‘(aa) at the most recent IEP meeting that
the parents attended prior to removal of the
child from the public school, the parents did
not inform the IEP Team that they were reject-
ing the placement proposed by the public
agency to provide a free appropriate public
education to their child, including stating their
concerns and their intent to enroll their child
in a private school at public expense; or
‘‘(bb) 10 business days (including any holi-
days that occur on a business day) prior to
the removal of the child from the public school,
the parents did not give written notice to the
H. R. 5—28
public agency of the information described in
division (aa);
‘‘(II) if, prior to the parents’ removal of the
child from the public school, the public agency
informed the parents, through the notice require-
ments described in section 615(b)(7), of its intent
to evaluate the child (including a statement of
the purpose of the evaluation that was appropriate
and reasonable), but the parents did not make
the child available for such evaluation; or
‘‘(III) 
upon 
a 
judicial 
finding 
of
unreasonableness with respect to actions taken by
the parents.
‘‘(iv) 
EXCEPTION.—Notwithstanding 
the 
notice
requirement in clause (iii)(I), the cost of reimbursement
may not be reduced or denied for failure to provide
such notice if—
‘‘(I) the parent is illiterate and cannot write
in English;
‘‘(II) compliance with clause (iii)(I) would likely
result in physical or serious emotional harm to
the child;
‘‘(III) the school prevented the parent from
providing such notice; or
‘‘(IV) the parents had not received notice,
pursuant to section 615, of the notice requirement
in clause (iii)(I).
‘‘(11) STATE
EDUCATIONAL
AGENCY
RESPONSIBLE
FOR
GENERAL SUPERVISION.—
‘‘(A) IN
GENERAL.—The State educational agency is
responsible for ensuring that—
‘‘(i) the requirements of this part are met; and
‘‘(ii) all educational programs for children with
disabilities in the State, including all such programs
administered by any other State or local agency—
‘‘(I) are under the general supervision of
individuals in the State who are responsible for
educational programs for children with disabilities;
and
‘‘(II) meet the educational standards of the
State educational agency.
‘‘(B) LIMITATION.—Subparagraph (A) shall not limit the
responsibility of agencies in the State other than the State
educational agency to provide, or pay for some or all of
the costs of, a free appropriate public education for any
child with a disability in the State.
‘‘(C) EXCEPTION.—Notwithstanding subparagraphs (A)
and (B), the Governor (or another individual pursuant to
State law), consistent with State law, may assign to any
public agency in the State the responsibility of ensuring
that the requirements of this part are met with respect
to children with disabilities who are convicted as adults
under State law and incarcerated in adult prisons.
‘‘(12) OBLIGATIONS RELATED TO AND METHODS OF ENSURING
SERVICES.—
‘‘(A) ESTABLISHING RESPONSIBILITY FOR SERVICES.—The
Chief Executive Officer or designee of the officer shall
H. R. 5—29
ensure that an interagency agreement or other mechanism
for interagency coordination is in effect between each public
agency described in subparagraph (B) and the State edu-
cational agency, in order to ensure that all services
described in subparagraph (B)(i) that are needed to ensure
a free appropriate public education are provided, including
the provision of such services during the pendency of any
dispute under clause (iii). Such agreement or mechanism
shall include the following:
‘‘(i) AGENCY FINANCIAL RESPONSIBILITY.—An identi-
fication of, or a method for defining, the financial
responsibility of each agency for providing services
described in subparagraph (B)(i) to ensure a free appro-
priate public education to children with disabilities,
provided that the financial responsibility of each public
agency described in subparagraph (B), including the
State Medicaid agency and other public insurers of
children with disabilities, shall precede the financial
responsibility of the local educational agency (or the
State agency responsible for developing the child’s
IEP).
‘‘(ii) CONDITIONS AND TERMS OF REIMBURSEMENT.—
The conditions, terms, and procedures under which
a local educational agency shall be reimbursed by other
agencies.
‘‘(iii) 
INTERAGENCY
DISPUTES.—Procedures 
for
resolving interagency disputes (including procedures
under which local educational agencies may initiate
proceedings) under the agreement or other mechanism
to secure reimbursement from other agencies or other-
wise implement the provisions of the agreement or
mechanism.
‘‘(iv) COORDINATION
OF
SERVICES
PROCEDURES.—
Policies and procedures for agencies to determine and
identify the interagency coordination responsibilities
of each agency to promote the coordination and timely
and appropriate delivery of services described in
subparagraph (B)(i).
‘‘(B) OBLIGATION OF PUBLIC AGENCY.—
‘‘(i) IN GENERAL.—If any public agency other than
an educational agency is otherwise obligated under
Federal or State law, or assigned responsibility under
State policy or pursuant to subparagraph (A), to pro-
vide or pay for any services that are also considered
special education or related services (such as, but not
limited to, services described in sections 602(1) relating
to assistive technology devices, 602(2) relating to
assistive technology services, 602(22) relating to
related services, 602(29) relating to supplementary aids
and services, and 602(30) relating to transition serv-
ices) that are necessary for ensuring a free appropriate
public education to children with disabilities within
the State, such public agency shall fulfill that obliga-
tion or responsibility, either directly or through
contract or other arrangement.
‘‘(ii) REIMBURSEMENT
FOR
SERVICES
BY
PUBLIC
AGENCY.—If a public agency other than an educational
H. R. 5—30
agency fails to provide or pay for the special education
and related services described in clause (i), the local
educational agency (or State agency responsible for
developing the child’s IEP) shall provide or pay for
such services to the child. Such local educational
agency or State agency may then claim reimbursement
for the services from the public agency that failed
to provide or pay for such services and such public
agency shall reimburse the local educational agency
or State agency pursuant to the terms of the inter-
agency agreement or other mechanism described in
subparagraph (A)(i) according to the procedures estab-
lished in such agreement pursuant to subparagraph
(A)(ii).
‘‘(C) SPECIAL
RULE.—The requirements of subpara-
graph (A) may be met through—
‘‘(i) state statute or regulation;
‘‘(ii) signed agreements between respective agency
officials that clearly identify the responsibilities of each
agency relating to the provision of services; or
‘‘(iii) other appropriate written methods as deter-
mined by the Chief Executive Officer of the State or
designee of the officer.
‘‘(13) PROCEDURAL
REQUIREMENTS
RELATING
TO
LOCAL
EDUCATIONAL
AGENCY
ELIGIBILITY.—The State educational
agency will not make a final determination that a local edu-
cational agency is not eligible for assistance under this part
without first affording that agency reasonable notice and an
opportunity for a hearing.
‘‘(14) COMPREHENSIVE
SYSTEM
OF
PERSONNEL
DEVELOP-
MENT.—The State has in effect, consistent with the purposes
of this Act and with section 635(a)(8), a comprehensive system
of personnel development that is designed to ensure an ade-
quate supply of qualified special education, regular education,
and related services personnel that meets the requirements
for a State improvement plan relating to personnel development
in subsections (b)(2)(B) and (c)(3)(D) of section 653.
‘‘(15) PERSONNEL STANDARDS.—
‘‘(A) IN GENERAL.—The State educational agency has
established and maintains standards to ensure that person-
nel necessary to carry out this part are appropriately and
adequately prepared and trained.
‘‘(B) STANDARDS DESCRIBED.—Such standards shall—
‘‘(i) be consistent with any State-approved or State-
recognized certification, licensing, registration, or other
comparable requirements that apply to the professional
discipline in which those personnel are providing spe-
cial education or related services;
‘‘(ii) to the extent the standards described in
subparagraph (A) are not based on the highest require-
ments in the State applicable to a specific profession
or discipline, the State is taking steps to require
retraining or hiring of personnel that meet appropriate
professional requirements in the State; and
‘‘(iii) allow paraprofessionals and assistants who
are appropriately trained and supervised, in accord-
ance with State law, regulations, or written policy,
H. R. 5—49
transition services for the child, including, when appro-
priate, a statement of the interagency responsibilities
or any needed linkages; and
‘‘(III) beginning at least one year before the child
reaches the age of majority under State law, a state-
ment that the child has been informed of his or her
rights under this title, if any, that will transfer to
the child on reaching the age of majority under section
615(m); and
‘‘(viii) a statement of—
‘‘(I) how the child’s progress toward the annual
goals described in clause (ii) will be measured;
and
‘‘(II) how the child’s parents will be regularly
informed (by such means as periodic report cards),
at least as often as parents are informed of their
nondisabled children’s progress, of—
‘‘(aa) their child’s progress toward the
annual goals described in clause (ii); and
‘‘(bb) the extent to which that progress
is sufficient to enable the child to achieve the
goals by the end of the year.
‘‘(B) INDIVIDUALIZED EDUCATION PROGRAM TEAM.—The
term ‘individualized education program team’ or ‘IEP Team’
means a group of individuals composed of—
‘‘(i) the parents of a child with a disability;
‘‘(ii) at least one regular education teacher of such
child (if the child is, or may be, participating in the
regular education environment);
‘‘(iii) at least one special education teacher, or
where appropriate, at least one special education pro-
vider of such child;
‘‘(iv) a representative of the local educational
agency who—
‘‘(I) is qualified to provide, or supervise the
provision of, specially designed instruction to meet
the unique needs of children with disabilities;
‘‘(II) is knowledgeable about the general
curriculum; and
‘‘(III) is knowledgeable about the availability
of resources of the local educational agency;
‘‘(v) an individual who can interpret the instruc-
tional implications of evaluation results, who may be
a member of the team described in clauses (ii) through
(vi);
‘‘(vi) at the discretion of the parent or the agency,
other individuals who have knowledge or special exper-
tise regarding the child, including related services
personnel as appropriate; and
‘‘(vii) whenever appropriate, the child with a
disability.
‘‘(2) REQUIREMENT THAT PROGRAM BE IN EFFECT.—
‘‘(A) IN
GENERAL.—At the beginning of each school
year, each local educational agency, State educational
agency, or other State agency, as the case may be, shall