139
‘‘(1) REQUIREMENT
TO
MAKE
SUBGRANTS.—
Each State that receives a grant under this section
for any fiscal year shall distribute at least 90 per-
cent of the grant funds to local educational agencies
in the State, and to State agencies that received
funds under section 614A(a) (as such section was in
effect on the day before the date of the enactment
of the IDEA Improvement Act of 1996) for fiscal
year 1996, that have established their eligibility
under section 613.
‘‘(2) METHODS
OF
DISTRIBUTION.—A State
may distribute funds under paragraph (1) on the
basis of—
‘‘(A) total school age population;
‘‘(B) school enrollment;
‘‘(C) numbers of children with disabilities
aged 3 to 5, inclusive, receiving a free appro-
priate public education;
‘‘(D) allocations for previous fiscal years;
‘‘(E) any two or more of the factors de-
scribed in subparagraphs (A) through (D); or
‘‘(F) poverty, in combination with one or
more of the factors described in subparagraphs
(A) through (D).
140
‘‘(k) PART C INAPPLICABLE.—Part C of this Act
does not apply to any child with a disability receiving a
free appropriate public education, in accordance with this
part, with funds received under this section.
‘‘(l) PROHIBITION ON CONSOLIDATION OF GRANTS
FOR TERRITORIES.—The provisions of section 501 of
Public Law 95–134 (48 U.S.C. 1469a; relating to the con-
solidation of one or more grants provided to certain terri-
tories) shall not apply with respect to amounts provided
to a territory under a grant under this section.
‘‘(m) AUTHORIZATION
OF APPROPRIATIONS.—For
the purpose of carrying out this section, there are author-
ized to be appropriated to the Secretary such sums as may
be necessary.
‘‘PART C—INFANTS AND TODDLERS WITH
DISABILITIES
‘‘SEC. 631. FINDINGS AND POLICY.
‘‘(a) FINDINGS.—The Congress finds that there is an
urgent and substantial need—
‘‘(1) to enhance the development of infants and
toddlers with disabilities and to minimize their po-
tential for developmental delay;
‘‘(2) to reduce the educational costs to our soci-
ety, including our Nation’s schools, by minimizing
the need for special education and related services
141
after infants and toddlers with disabilities reach
school age;
‘‘(3) to minimize the likelihood of institutional-
ization of individuals with disabilities and maximize
the potential for their independently living in society;
‘‘(4) to enhance the capacity of families to meet
the special needs of their infants and toddlers with
disabilities; and
‘‘(5) to enhance the capacity of State and local
agencies and service providers to identify, evaluate,
and meet the needs of historically underrepresented
populations, particularly minority, low-income, inner-
city, and rural populations.
‘‘(b) POLICY.—It is therefore the policy of the United
States to provide financial assistance to States—
‘‘(1) to develop and implement a statewide,
comprehensive, coordinated, multidisciplinary, inter-
agency system of early intervention services for in-
fants and toddlers with disabilities and their fami-
lies;
‘‘(2) to facilitate the coordination of payment
for early intervention services from Federal, State,
local, and private sources (including public and pri-
vate insurance coverage); and
142
‘‘(3) to enhance their capacity to provide qual-
ity early intervention services and expand and im-
prove existing early intervention services being pro-
vided to infants and toddlers with disabilities and
their families.
‘‘SEC. 632. DEFINITIONS.
‘‘As used in this part:
‘‘(1) AT-RISK INFANT OR TODDLER.—The term
‘at-risk infant or toddler’ means an individual under
3 years of age who would be at risk of experiencing
a substantial developmental delay if early interven-
tion services were not provided to the individual.
‘‘(2) COUNCIL.—The term ‘council’ means a
State interagency coordinating council established
under section 641.
‘‘(3) DEVELOPMENTAL DELAY.—The term ‘de-
velopmental delay’, when used with respect to an in-
dividual residing in a State, has the meaning given
such term by the State under section 635(a)(1).
‘‘(4) EARLY
INTERVENTION
SERVICES.—The
term ‘early intervention services’ means developmen-
tal services which—
‘‘(A) are provided under public supervision;
‘‘(B) are provided at no cost except where
Federal or State law provides for a system of
143
payments by families, including a schedule of
sliding fees;
‘‘(C) are designed to meet the developmen-
tal needs of an infant or toddler with a disabil-
ity in any one or more of the following areas—
‘‘(i) physical development;
‘‘(ii) cognitive development;
‘‘(iii) communication development;
‘‘(iv) social or emotional development;
or
‘‘(v) adaptive development;
‘‘(D) meet the standards of the State in
which they are provided, including the require-
ments of this part;
‘‘(E) include—
‘‘(i) family training, counseling, and
home visits;
‘‘(ii) special instruction;
‘‘(iii) speech-language pathology and
audiology services;
‘‘(iv) occupational therapy;
‘‘(v) physical therapy;
‘‘(vi) psychological services;
‘‘(vii) service coordination services;
144
‘‘(viii) medical services only for diag-
nostic or evaluation purposes;
‘‘(ix) early identification, screening,
and assessment services;
‘‘(x) health services necessary to en-
able the infant or toddler to benefit from
the other early intervention services;
‘‘(xi) social work services;
‘‘(xii) vision services;
‘‘(xiii) assistive technology devices and
assistive technology services; and
‘‘(xiv) transportation and related costs
that are necessary to enable an infant or
toddler and the infant’s or toddler’s family
to receive another service described in this
paragraph;
‘‘(F) are provided by qualified personnel,
including—
‘‘(i) special educators;
‘‘(ii) speech-language pathologists and
audiologists;
‘‘(iii) occupational therapists;
‘‘(iv) physical therapists;
‘‘(v) psychologists;
‘‘(vi) social workers;
145
‘‘(vii) nurses;
‘‘(viii) nutritionists;
‘‘(ix) family therapists;
‘‘(x) orientation and mobility special-
ists; and
‘‘(xi) pediatricians and other physi-
cians;
‘‘(G) to the maximum extent appropriate,
are provided in natural environments, including
the home, and community settings in which
children without disabilities participate; and
‘‘(H) are provided in conformity with an
individualized family service plan adopted in ac-
cordance with section 636.
‘‘(5) INFANT
OR
TODDLER
WITH
A
DISABIL-
ITY.—The term ‘infant or toddler with a disabil-
ity’—
‘‘(A) means an individual under 3 years of
age who needs early intervention services be-
cause the individual—
‘‘(i) is experiencing developmental
delays, as measured by appropriate diag-
nostic instruments and procedures in one
or more of the areas of cognitive develop-
ment, physical development, communica-
146
tion development, social or emotional devel-
opment, and adaptive development; or
‘‘(ii) has a diagnosed physical or men-
tal condition which has a high probability
of resulting in developmental delay; and
‘‘(B) may also include, at a State’s discre-
tion, at-risk infants and toddlers.
‘‘SEC. 633. GENERAL AUTHORITY.
‘‘The Secretary shall, in accordance with this part,
make grants to States (from their allocations under sec-
tion 643) to assist each State to maintain and implement
a statewide, comprehensive, coordinated, multidisciplinary,
interagency system to provide early intervention services
for infants and toddlers with disabilities and their families.
‘‘SEC. 634. ELIGIBILITY.
‘‘In order to be eligible for a grant under section 633,
a State shall demonstrate to the Secretary that the
State—
‘‘(1) has adopted a policy that appropriate early
intervention services are available to all infants and
toddlers with disabilities in the State and their fami-
lies, including Indian infants and toddlers with dis-
abilities and their families residing on a reservation
geographically located in the State; and
147
‘‘(2) has in effect a statewide system that meets
the requirements of section 635.
‘‘SEC. 635. REQUIREMENTS FOR STATEWIDE SYSTEM.
‘‘(a) IN GENERAL.—A statewide system described in
section 633 shall include, at a minimum, the following
components:
‘‘(1) A definition of the term ‘developmental
delay’ that will be used by the State in carrying out
programs under this part.
‘‘(2) A timely, comprehensive, multidisciplinary
evaluation of the functioning of each infant or tod-
dler with a disability in the State, and a family-
directed identification of the needs of each family of
such an infant or toddler, to appropriately assist in
the development of the infant or toddler.
‘‘(3) For each infant or toddler with a disability
in the State, an individualized family service plan in
accordance with section 636, including service co-
ordination services in accordance with such service
plan.
‘‘(4) A comprehensive child find system, con-
sistent with part B, including a system for making
referrals to service providers that includes timelines
and provides for participation by primary referral
sources.
148
‘‘(5) A public awareness program focusing on
early identification of infants and toddlers with dis-
abilities, including the preparation and dissemination
by the lead agency designated or established under
paragraph (8) to all primary referral sources, espe-
cially hospitals and physicians, of information for
parents on the availability of early intervention serv-
ices, and procedures for determining the extent to
which such sources disseminate such information to
parents of infants and toddlers.
‘‘(6) A central directory which includes infor-
mation on early intervention services, resources, and
experts available in the State and research and dem-
onstration projects being conducted in the State.
‘‘(7) Policies and procedures relating to the es-
tablishment and maintenance of standards to ensure
that personnel necessary to carry out this part are
appropriately and adequately prepared and trained,
including—
‘‘(A) the establishment and maintenance of
standards which are consistent with any State
approved or recognized certification, licensing,
registration, or other comparable requirements
which apply to the area in which such personnel
are providing early intervention services; and
149
‘‘(B) subject to subsection (b), to the ex-
tent such standards are not based on the high-
est requirements in the State applicable to a
specific profession or discipline, the steps the
State is taking to require the retraining or hir-
ing of personnel that meet appropriate profes-
sional requirements in the State;
except that nothing in this part, including this para-
graph, prohibits the use of paraprofessionals and as-
sistants who are appropriately trained and super-
vised, in accordance with State law, regulations, or
written policy, in meeting the requirements of this
part.
‘‘(8) A single line of responsibility in a lead
agency designated or established by the Governor for
carrying out—
‘‘(A) the general administration and super-
vision of programs and activities receiving as-
sistance under section 633, and the monitoring
of programs and activities used by the State to
carry out this part, whether or not such pro-
grams or activities are receiving assistance
made available under section 633, to ensure
that the State complies with this part;
150
‘‘(B) the identification and coordination of
all available resources within the State from
Federal, State, local and private sources;
‘‘(C) the assignment of financial respon-
sibility in accordance with section 637(a)(1) to
the appropriate agencies;
‘‘(D) the development of procedures to en-
sure that services are provided to infants and
toddlers and their families under this part in a
timely manner pending the resolution of any
disputes among public agencies or service pro-
viders; and
‘‘(E) the entry into formal interagency
agreements that define the financial responsibil-
ity of each agency for paying for early interven-
tion services (consistent with State law) and
procedures for resolving disputes and that in-
clude all additional components necessary to en-
sure meaningful cooperation and coordination.
‘‘(9) A procedure for securing timely reimburse-
ment of funds used under this part in accordance
with section 640(a).
‘‘(10) Procedural safeguards with respect to
programs under this part, as required by section
639.
151
‘‘(11) A system for compiling data requested by
the Secretary under section 618 that relates to this
part.
‘‘(12) A State interagency coordinating council
that meets the requirements of section 641.
‘‘(b) MODIFICATION
OF
PERSONNEL
REQUIRE-
MENT.—If a State determines that the requirement of
subsection (a)(7)(B) would significantly inhibit the ability
of the State to contract with, or employ, an appropriate
number and types of personnel to provide early interven-
tion services to infants and toddlers with disabilities in
a geographic region, the State may, subject to public no-
tice and comment, temporarily modify the requirement for
the region.
‘‘SEC. 636. INDIVIDUALIZED FAMILY SERVICE PLAN.
‘‘(a) ASSESSMENT AND PROGRAM DEVELOPMENT.—
A statewide system described in section 633 shall provide,
at a minimum, for each infant or toddler with a disability,
and the infant’s or toddler’s family, to receive—
‘‘(1) a multidisciplinary assessment of the
unique strengths and needs of the infant or toddler
and the identification of services appropriate to meet
such needs;
‘‘(2) a family-directed assessment of the re-
sources, priorities, and concerns of the family and
152
the identification of the supports and services nec-
essary to enhance the family’s capacity to meet the
developmental needs of the infant or toddler; and
‘‘(3) a written individualized family service plan
developed by a multidisciplinary team, including the
parents, as required by subsection (e).
‘‘(b) PERIODIC REVIEW.—The individualized family
service plan shall be evaluated once a year and the family
shall be provided a review of the plan at 6-month intervals
(or more often where appropriate based on infant or tod-
dler and family needs).
‘‘(c) PROMPTNESS AFTER ASSESSMENT.—The indi-
vidualized family service plan shall be developed within a
reasonable time after the assessment required by sub-
section (a)(1) is completed. With the parents’ consent,
early intervention services may commence prior to the
completion of such assessment.
‘‘(d) CONTENT OF PLAN.—The individualized family
service plan shall be in writing and contain—
‘‘(1) a statement of the infant’s or toddler’s
present levels of physical development, cognitive de-
velopment, communication development, social or
emotional development, and adaptive development,
based on objective criteria;
153
‘‘(2) a statement of the family’s resources, pri-
orities, and concerns relating to enhancing the devel-
opment of the family’s infant or toddler with a dis-
ability;
‘‘(3) a statement of the major outcomes ex-
pected to be achieved for the infant or toddler and
the family, and the criteria, procedures, and
timelines used to determine the degree to which
progress toward achieving the outcomes is being
made and whether modifications or revisions of the
outcomes or services are necessary;
‘‘(4) a statement of specific early intervention
services necessary to meet the unique needs of the
infant or toddler and the family, including the fre-
quency, intensity, and method of delivering services;
‘‘(5) a statement of the natural environments in
which early intervention services shall appropriately
be provided;
‘‘(6) the projected dates for initiation of serv-
ices and the anticipated duration of such services;
‘‘(7) the identification of the service coordinator
from the profession most immediately relevant to the
infant’s or toddler’s or family’s needs (or who is oth-
erwise qualified to carry out all applicable respon-
sibilities under this part) who will be responsible for
154
the implementation of the plan and coordination
with other agencies and persons; and
‘‘(8) the steps to be taken to support the transi-
tion of the toddler with a disability to preschool or
other appropriate services.
‘‘(e) PARENTAL CONSENT.—The contents of the indi-
vidualized family service plan shall be fully explained to
the parents and informed written consent from such par-
ents shall be obtained prior to the provision of early inter-
vention services described in such plan. If such parents
do not provide such consent with respect to a particular
early intervention service, then the early intervention serv-
ices to which such consent is obtained shall be provided.
‘‘SEC. 637. STATE APPLICATION AND ASSURANCES.
‘‘(a) APPLICATION.—A State desiring to receive a
grant under section 633 shall submit an application to the
Secretary at such time and in such manner as the Sec-
retary may reasonably require. Such application shall con-
tain—
‘‘(1) a designation of the lead agency in the
State that will be responsible for the administration
of funds provided under section 633;
‘‘(2) information demonstrating eligibility of the
State under section 634, including—
155
‘‘(A) information demonstrating to the
Secretary’s satisfaction that the State has in ef-
fect the statewide system required by section
633; and
‘‘(B) a description of services to be pro-
vided to infants and toddlers with disabilities
and their families through the system;
‘‘(3) a description of the uses for which funds
will be expended in accordance with this part;
‘‘(4) a description of the procedure used to en-
sure that resources are made available under this
part for all geographic areas within the State;
‘‘(5) a description of the policies and procedures
to be used—
‘‘(A) to ensure a smooth transition for tod-
dlers receiving early intervention services under
this part to preschool or other appropriate serv-
ices, including a description of how the families
of such toddlers will be included in the transi-
tion plans required by subparagraph (C);
‘‘(B) to review the child’s program options
for the period from the child’s third birthday
through the remainder of the school year; and
‘‘(C) to establish a transition plan; and
156
‘‘(6) such other information and assurances as
the Secretary may reasonably require.
‘‘(b) ASSURANCES.—The application described in
subsection (a) shall contain the following:
‘‘(1) A satisfactory assurance that the State
will—
‘‘(A) make such reports in such form and
containing such information as the Secretary
may require to carry out the Secretary’s func-
tions under this part; and
‘‘(B) keep such records and afford such ac-
cess thereto as the Secretary may find nec-
essary to assure the correctness and verification
of such reports and proper disbursement of
Federal funds under this part.
‘‘(2) A satisfactory assurance that Federal
funds made available under section 633 will be used
to supplement and increase the level of State and
local funds expended for infants and toddlers with
disabilities and their families under this part and in
no case to supplant such State and local funds.
‘‘(3) Such other information and assurances as
the Secretary may reasonably require by regulation.
‘‘(c) STANDARD
FOR DISAPPROVAL
OF APPLICA-
TION.—The Secretary may not disapprove such an appli-
157
cation unless the Secretary determines, after notice and
opportunity for a hearing, that the application fails to
comply with the requirements of this section.
‘‘(d) SUBSEQUENT STATE APPLICATION.—If a State
has on file with the Secretary a policy, procedure, or as-
surance that demonstrates that the State meets a require-
ment of this section, including any policy or procedure
filed under part H (as in effect before the date of the en-
actment of the IDEA Improvement Act of 1996), the Sec-
retary shall consider the State to have met the require-
ment for purposes of receiving a grant under this part.
‘‘(e) MODIFICATION OF APPLICATION.—An applica-
tion submitted by a State in accordance with this section
shall remain in effect until the State submits to the Sec-
retary such modifications as the State determines nec-
essary. This section shall apply to a modification of an
application to the same extent and in the same manner
as this section applies to the original application.
‘‘SEC. 638. USES OF FUNDS.
‘‘In addition to using funds provided under section
633 to maintain and implement the statewide system re-
quired by such section, a State may use such funds—
‘‘(1) for direct early intervention services for in-
fants and toddlers with disabilities, and their fami-
158
lies, under this part that are not otherwise funded
through other public or private sources;
‘‘(2) to expand and improve on services for in-
fants and toddlers and their families under this part
that are otherwise available; and
‘‘(3) to provide a free appropriate public edu-
cation, in accordance with part B, to children with
disabilities from their third birthday to the begin-
ning of the following school year.
‘‘SEC. 639. PROCEDURAL SAFEGUARDS.
‘‘(a) MINIMUM PROCEDURES.—The procedural safe-
guards required to be included in a statewide system
under section 635(a)(10) shall provide, at a minimum, the
following:
‘‘(1) The timely administrative resolution of
complaints by parents. Any party aggrieved by the
findings and decision regarding an administrative
complaint shall have the right to bring a civil action
with respect to the complaint in any State court of
competent jurisdiction or in a district court of the
United States without regard to the amount in con-
troversy. In any action brought under this para-
graph, the court shall receive the records of the ad-
ministrative proceedings, shall hear additional evi-
dence at the request of a party, and, basing its deci-
159
sion on the preponderance of the evidence, shall
grant such relief as the court determines is appro-
priate.
‘‘(2) The right to confidentiality of personally
identifiable information, including the right of par-
ents to written notice of and written consent to the
exchange of such information among agencies con-
sistent with Federal and State law.
‘‘(3) The right of the parents to determine
whether they, their infant or toddler, or other family
members will accept or decline any early intervention
service under this part in accordance with State law
without jeopardizing other early intervention services
under this part.
‘‘(4) The opportunity for parents to examine
records relating to assessment, screening, eligibility
determinations, and the development and implemen-
tation of the individualized family service plan.
‘‘(5) Procedures to protect the rights of the in-
fant or toddler whenever the parents of the child are
not known or cannot be found or the child is a ward
of the State, including the assignment of an individ-
ual (who shall not be an employee of the State or
any person, or any employee of a person, providing
early intervention services to the infant or toddler or
160
any family member of the infant or toddler) to act
as a surrogate for the parents.
‘‘(6) Written prior notice to the parents of the
infant or toddler with a disability whenever the State
agency or service provider proposes to initiate or
change or refuses to initiate or change the identifica-
tion, evaluation, placement, or the provision of ap-
propriate early intervention services to the infant or
toddler with a disability.
‘‘(7) Procedures designed to assure that the no-
tice required by paragraph (6) fully informs the par-
ents, in the parents’ native language, unless it clear-
ly is not feasible to do so, of all procedures available
pursuant to this section.
‘‘(8) The right of parents to use mediation in
accordance with section 615(e), except that—
‘‘(A) any reference in such section to a
State educational agency shall be considered to
be a reference to a State’s lead agency estab-
lished or designated under section 635(a)(8);
‘‘(B) any reference in such section to a
local educational agency shall be considered to
be a reference to a local service provider or the
State’s lead agency under this part, as the case
may be; and
161
‘‘(C) any reference in such section to the
provision of free appropriate public education to
children with disabilities shall be considered to
be a reference to the provision of appropriate
early intervention services to infants and tod-
dlers with disabilities.
‘‘(b) SERVICES DURING PENDENCY OF PROCEED-
INGS.—During the pendency of any proceeding or action
involving a complaint by the parents of an infant or tod-
dler with a disability, unless the State agency and the par-
ents otherwise agree, the infant or toddler shall continue
to receive the appropriate early intervention services cur-
rently being provided or, if applying for initial services,
shall receive the services not in dispute.
‘‘SEC. 640. PAYOR OF LAST RESORT.
‘‘(a) NONSUBSTITUTION.—Funds provided under
section 643 may not be used to satisfy a financial commit-
ment for services which would have been paid for from
another public or private source but for the enactment of
this part, except that whenever considered necessary to
prevent a delay in the receipt of appropriate early inter-
vention services by an infant, toddler, or family in a timely
fashion, funds provided under section 643 may be used
to pay the provider of services pending reimbursement
162
from the agency which has ultimate responsibility for the
payment.
‘‘(b) REDUCTION OF OTHER BENEFITS.—Nothing in
this part shall be construed to permit the State to reduce
medical or other assistance available or to alter eligibility
under title V of the Social Security Act (relating to mater-
nal and child health) or title XIX of the Social Security
Act (relating to medicaid for infants or toddlers with dis-
abilities) within the State.
‘‘SEC. 641. STATE INTERAGENCY COORDINATING COUNCIL.
‘‘(a) ESTABLISHMENT.—
‘‘(1) IN GENERAL.—A State that desires to re-
ceive financial assistance under this part shall estab-
lish a State interagency coordinating council.
‘‘(2) APPOINTMENT.—The council shall be ap-
pointed by the Governor. In making appointments to
the council, the Governor shall ensure that the mem-
bership of the council reasonably represents the pop-
ulation of the State.
‘‘(3) CHAIRPERSON.—The Governor shall des-
ignate a member of the council to serve as the chair-
person of the Council, or shall require the council to
so designate such a member. Any member of the
council who is a representative of the lead agency
163
designated under section 635(b)(8) may not serve as
the chairperson of the council.
‘‘(b) COMPOSITION.—
‘‘(1) IN GENERAL.—The council shall be com-
posed as follows:
‘‘(A) PARENTS.—At least 20 percent of
the members shall be parents of infants or tod-
dlers with disabilities or children with disabil-
ities aged 12 or younger, with knowledge of, or
experience with, programs for infants and tod-
dlers with disabilities. At least one such mem-
ber shall be a parent of an infant or toddler
with a disability or a child with a disability
aged 6 or younger.
‘‘(B) SERVICE
PROVIDERS.—At least 20
percent of the members shall be public or pri-
vate providers of early intervention services.
‘‘(C) STATE LEGISLATURE.—At least one
member shall be from the State legislature.
‘‘(D) PERSONNEL PREPARATION.—At least
one member shall be involved in personnel prep-
aration.
‘‘(E) AGENCY FOR EARLY INTERVENTION
SERVICES.—At least one member shall be from
each of the State agencies involved in the provi-
164
sion of, or payment for, early intervention serv-
ices to infants and toddlers with disabilities and
their families and shall have sufficient authority
to engage in policy planning and implementa-
tion on behalf of such agencies.
‘‘(F) AGENCY
FOR
PRESCHOOL
SERV-
ICES.—At least one member shall be from the
State educational agency responsible for pre-
school services to children with disabilities and
shall have sufficient authority to engage in pol-
icy planning and implementation on behalf of
such agency.
‘‘(G) AGENCY FOR INSURANCE.—At least
one member shall be from the agency respon-
sible for the State governance of insurance, es-
pecially in the area of health insurance.
‘‘(H) HEAD START AGENCY.—A represent-
ative from a Head Start agency or program in
the State.
‘‘(I) A representative from a State agency
responsible for child care.
‘‘(2) OTHER MEMBERS.—The council may in-
clude other members selected by the Governor, in-
cluding a representative from the Bureau of Indian
Affairs, or where there is no BIA operated or funded
165
school, from the Indian Health Service or the tribe/
tribal council.
‘‘(c) MEETINGS.—The council shall meet at least
quarterly and in such places as it deems necessary. The
meetings shall be publicly announced, and, to the extent
appropriate, open and accessible to the general public.
‘‘(d) MANAGEMENT AUTHORITY.—Subject to the ap-
proval of the Governor, the council may prepare and ap-
prove a budget using funds under this part to conduct
hearings and forums, to reimburse members of the council
for reasonable and necessary expenses for attending coun-
cil meetings and performing council duties (including child
care for parent representatives), to pay compensation to
a member of the council if such member is not employed
or must forfeit wages from other employment when per-
forming official council business, to hire staff, and to ob-
tain the services of such professional, technical, and cleri-
cal personnel as may be necessary to carry out its func-
tions under this part.
‘‘(e) FUNCTIONS OF COUNCIL.—
‘‘(1) DUTIES.—The council shall—
‘‘(A) advise and assist the lead agency des-
ignated or established under section 635(b)(8)
in the performance of the responsibilities set
out in such section, particularly the identifica-
166
tion of the sources of fiscal and other support
for services for early intervention programs, as-
signment of financial responsibility to the ap-
propriate agency, and the promotion of the
interagency agreements;
‘‘(B) advise and assist the lead agency in
the preparation of applications and amend-
ments thereto;
‘‘(C) advise and assist the State edu-
cational agency regarding the transition of tod-
dlers with disabilities to services provided under
part B, to the extent such services are appro-
priate; and
‘‘(D) prepare and submit an annual report
to the Governor and to the Secretary on the
status of early intervention programs for in-
fants and toddlers with disabilities and their
families operated within the State.
‘‘(2) AUTHORIZED ACTIVITY.—The council may
advise and assist the lead agency and the State edu-
cational agency regarding the provision of appro-
priate services for children aged birth to 5, inclusive.
‘‘(f) CONFLICT OF INTEREST.—No member of the
council shall cast a vote on any matter which would pro-
vide direct financial benefit to that member or otherwise
167
give the appearance of a conflict of interest under State
law.
‘‘SEC. 642. FEDERAL ADMINISTRATION.
‘‘Sections 616, 617, 618, and 620 shall, to the extent
not inconsistent with this part, apply to the program au-
thorized 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)(8);
‘‘(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 TERRITORIES.—
‘‘(1) IN
GENERAL.—From the sums appro-
priated to carry out this part for any fiscal year, the
Secretary may reserve up to one percent for pay-
168
ments to Guam, American Samoa, the Virgin Is-
lands, and the Commonwealth of the Northern Mari-
ana Islands in accordance with their respective
needs.
‘‘(2) CONSOLIDATION OF FUNDS.—The provi-
sions of Public Law 95–134, permitting the consoli-
dation of grants to the territories, shall not apply to
funds those areas receive under this part.
‘‘(b) PAYMENTS TO INDIANS.—
‘‘(1) IN GENERAL.—The Secretary shall, sub-
ject to this subsection, make payments to the Sec-
retary of the Interior to be distributed to tribes,
tribal organizations (as defined under section 4 of
the Indian Self-Determination and Education Assist-
ance Act), or consortia of the above entities for the
coordination of assistance in the provision of early
intervention services by the States to infants and
toddlers with disabilities and their families on res-
ervations served by elementary and secondary
schools for Indian children operated or funded by
the Department of the Interior. The amount of such
payment for any fiscal year may not be more than
one percent of the aggregate of the amount available
to all States under this part for such fiscal year.
169
‘‘(2) ALLOCATION.—For each fiscal year, the
Secretary of the Interior shall distribute the entire
payment received under paragraph (1) by providing
to each tribe, tribal organization, or consortium an
amount based on the number of infants and toddlers
residing on the reservation as determined annually
divided by the total of such children served by all
tribes, tribal organizations, or consortia.
‘‘(3) INFORMATION.—To receive a payment
under this paragraph, the tribe, tribal organization,
or consortia shall submit such information to the
Secretary of the Interior as is needed to determine
the amounts to be allocated under paragraph (2).
‘‘(4) USE OF FUNDS.—The funds received by a
tribe, tribal organization, or consortia shall be used
to assist States in child find, screening, and other
procedures for the early identification of Indian chil-
dren under 3 years of age and for parent training.
Such funds may also be used to provide early inter-
vention services in accordance with this part. Such
activities may be carried out directly or through con-
tracts or cooperative agreements with the BIA, local
educational agencies, and other public or private
nonprofit organizations. The tribe, tribal organiza-
tion, or consortia is encouraged to involve Indian
170
parents in the development and implementation of
these activities. The above entities shall, as appro-
priate, make referrals to local, State, or Federal en-
tities for the provision of services or further diag-
nosis.
‘‘(5) REPORTS.—To be eligible to receive a
grant under paragraph (2), a tribe, tribal organiza-
tion, or consortia shall make a biennial report to the
Secretary of the Interior of activities undertaken
under this subsection, including the number of con-
tracts 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
year in which the report is made. The Secretary of
the Interior shall include a summary of this informa-
tion on a biennial basis to the Secretary of Edu-
cation along with such other information as required
under section 611(f)(3)(D). The Secretary of Edu-
cation may require any additional information from
the Secretary of the Interior.
‘‘(6) PROHIBITED USES OF FUNDS.—None of
the funds under this subsection may be used by the
Secretary of the Interior for administrative pur-
171
poses, including child count, and the provision of
technical assistance.
‘‘(c) STATE ALLOTMENTS.—
‘‘(1) IN GENERAL.—Except as provided in para-
graphs (2), (3), and (4), from the funds remaining
for each fiscal year after the reservation and pay-
ments under subsections (a) and (b), the Secretary
shall first allot to each State an amount that bears
the same ratio to the amount of such remainder as
the number of infants and toddlers in the State
bears to the number of infants and toddlers in all
States.
‘‘(2) MINIMUM ALLOTMENTS.—Except as pro-
vided in paragraphs (3) and (4), no State shall re-
ceive an amount under this section for any fiscal
year that is less than the greatest of—
‘‘(A) one-half of one percent of the remain-
ing amount described in paragraph (1); or
‘‘(B) $500,000.
‘‘(3) SPECIAL RULE FOR 1997 THROUGH 1999.—
‘‘(A) IN GENERAL.—Except as provided in
paragraph (4), no State may receive an amount
under this section for any of the fiscal years
1997 through 1999 that is less than the sum of
172
the amount such State received for fiscal year
1994 under—
‘‘(i) part H (as in effect on the day
before the date of the enactment of the
IDEA Improvement Act of 1996); and
‘‘(ii) subpart 2 of part D of chapter 1
of title I of the Elementary and Secondary
Education Act of 1965 (as in effect on the
day before the date of the enactment of the
Improving America’s Schools Act of 1994)
for children with disabilities under 3 years
of age.
‘‘(B) EXCEPTION.—If, for fiscal year 1998
or 1999, the number of infants and toddlers in
a State, as determined under paragraph (1), is
less than the number of infants and toddlers so
determined for fiscal year 1994, the amount de-
termined under subparagraph (A) for the State
shall be reduced by the same percentage by
which the number of such infants and toddlers
so declined.
‘‘(4) RATABLE REDUCTION.—
‘‘(A) IN
GENERAL.—If the sums made
available under this part for any fiscal year are
insufficient to pay the full amounts that all
173
States are eligible to receive under this sub-
section for such year, the Secretary shall rat-
ably reduce the allocations to such States for
such year.
‘‘(B) ADDITIONAL
FUNDS.—If additional
funds become available for making payments
under this subsection for a fiscal year, alloca-
tions that were reduced under subparagraph
(A) shall be increased on the same basis as
such allocations were reduced.
‘‘(5) DEFINITIONS.—For the purpose of this
subsection—
‘‘(A) the terms ‘infants’ and ‘toddlers’
mean children under 3 years of age; and
‘‘(B) the term ‘State’ means each of the 50
States, the District of Columbia, and the Com-
monwealth of Puerto Rico.
‘‘(d) REALLOTMENT OF FUNDS.—If a State elects
not to receive its allotment under subsection (c), the Sec-
retary shall reallot, among the remaining States, amounts
from such State in accordance with such subsection.
‘‘SEC. 644. AUTHORIZATION OF APPROPRIATIONS.
‘‘For the purpose of carrying out this part, there are
authorized to be appropriated such sums as may be nec-
essary for each of the fiscal years 1997 through 2001.
174
‘‘PART D—NATIONAL ACTIVITIES TO IMPROVE
EDUCATION OF CHILDREN WITH DISABILITIES
‘‘SEC. 651. PURPOSE OF PART.
‘‘The purpose of this part is to support national,
State, and local activities aimed at improving educational,
early intervention, and transitional services for children
with disabilities.
‘‘Subpart 1—General Provisions and National
Research and Improvement Activities
‘‘SEC. 661. COMPREHENSIVE PLAN.
‘‘(a) IN GENERAL.—The Secretary shall develop and
implement a comprehensive plan for ongoing activities
conducted by the Secretary under this part.
‘‘(b) USE OF KNOWLEDGE IN DEVELOPING PLAN.—
To the maximum extent appropriate, the Secretary shall
ensure that the plan is based upon the knowledge gained
from research on practices that have been proven effective
in improving the achievement of children with disabilities.
‘‘(c) CONSULTATION.—In developing the plan, the
Secretary shall consult the following persons:
‘‘(1) Individuals with disabilities.
‘‘(2) Parents of children with disabilities.
‘‘(3) Representatives of State and local edu-
cational agencies and educational service agencies.
‘‘(4) Private schools.
‘‘(5) Institutions of higher education.
175
‘‘(6) Other Federal agencies.
‘‘(7) The National Council on Disability.
‘‘(8) National organizations with an interest in,
and expertise in, providing services to children with
disabilities and their families.
‘‘(9) Any other professionals determined appro-
priate by the Secretary.
‘‘(d) DEADLINE.—The plan shall be developed not
later than the date that is 12 months after the date of
the enactment of the IDEA Improvement Act of 1996.
‘‘SEC. 662. PRIORITIES.
‘‘(a) IN GENERAL.—In making awards under this
part, the Secretary may, without regard to the rule mak-
ing procedures under section 553 of title 5, United States
Code, limit such awards to, or otherwise give priority to—
‘‘(1) projects that address the improvement of
the academic performance of children with disabil-
ities;
‘‘(2) projects that address one or more—
‘‘(A) age ranges;
‘‘(B) disabilities;
‘‘(C) grades in school;
‘‘(D) types of educational placements or
early intervention environments;
‘‘(E) types of services; or
176
‘‘(F) content areas such as reading;
‘‘(3) projects that address the needs of children
based on the severity of their disability;
‘‘(4) projects that address the needs of—
‘‘(A) low-achieving students;
‘‘(B) underserved populations;
‘‘(C) children from low-income families;
‘‘(D) children with limited English pro-
ficiency;
‘‘(E) unserved and underserved areas;
‘‘(F) particular types of geographic areas,
such as inner-city or rural areas; or
‘‘(G) institutionalized children in juvenile
and adult correctional institutions;
‘‘(5) any activity that is expressly authorized in
this title;
‘‘(6) a large-scale longitudinal study designed to
provide information on the long-term impact of edu-
cation agency disciplinary procedures on children
with disabilities;
‘‘(7) research and development projects includ-
ing—
‘‘(A) projects that advance knowledge
about—
177
‘‘(i) teaching and learning practices,
and assessment techniques, instruments,
and strategies, including behavioral strate-
gies, that lead to improved results for chil-
dren with disabilities;
‘‘(ii) the developmental and learning
characteristics of children with disabilities
in a manner that will improve the design
and effectiveness of interventions and in-
struction; or
‘‘(iii) the coordination of education
with health and social services;
‘‘(B) large-scale longitudinal studies de-
signed to produce information on the long-term
impact of early intervention and education on
results for individuals with disabilities;
‘‘(C) model demonstration projects to
apply and test research findings in typical serv-
ice settings to determine the usability, effective-
ness, and general applicability of such research
findings in such areas as improving instruc-
tional methods, curricula, and tools such as
textbooks, media, and other materials; and
178
‘‘(D) projects which apply research and
other knowledge to improve educational results
for children with disabilities by—
‘‘(i) synthesizing useful research and
educational products;
‘‘(ii) ensuring that such research and
products are in appropriate formats for
distribution to administrators, teachers,
parents, and individuals with disabilities;
or
‘‘(iii) making such research and prod-
ucts available through libraries, electronic
networks, parent training projects, and
other information sources, including the
National Information Dissemination Sys-
tem under part D of title IX of Public Law
103–227;
‘‘(8) projects which provide technical assistance
to—
‘‘(A) States—
‘‘(i) to link States to other technical
assistance resources, including special and
general education resources; or
179
‘‘(ii) in gaining access to information,
including information on research and best
practices; or
‘‘(B) State educational agencies, State lead
agencies serving infants and toddlers with dis-
abilities under part C, and other organizations
and agencies that play a critical role in provid-
ing for the participation of children with dis-
abilities in State and local assessments;
‘‘(9) activities that—
‘‘(A) have broad applicability in improving
professional development practices; and
‘‘(B) support in-service and pre-service
preparation for personnel who provide, and who
will provide, educational, related, and early
intervention services to children with low-inci-
dence disabilities;
‘‘(10) activities to produce, and promote the use
of, knowledge to address the special needs of chil-
dren who have a high likelihood of needing special
education and related services in order to reduce,
through early intervention, the need for special edu-
cation services later in life; and
‘‘(11) educational media activities including—
180
‘‘(A) video description, open captioning, or
closed captioning of educational materials;
‘‘(B) distribution of captioned and de-
scribed educational materials and videos; and
‘‘(C) recording free educational materials,
including textbooks, for visually impaired and
print-disabled students in elementary, second-
ary, post-secondary, and graduate schools.
‘‘(b) DEFINITION.—As used in this section, the term
‘low-incidence disability’ means—
‘‘(1) a visual impairment, a hearing impair-
ment, or simultaneous visual and hearing impair-
ments;
‘‘(2) a significant cognitive impairment; or
‘‘(3) any impairment for which a small number
of personnel, with highly specialized skills and
knowledge, are needed nationwide in order for all
children with disabilities who have the impairment to
receive early intervention services or a free appro-
priate public education.
‘‘SEC. 663. PEER REVIEW.
‘‘(a) IN GENERAL.—The Secretary shall use a panel
of experts who are competent, by virtue of their training,
expertise, or experience, to evaluate an application under
181
this part that requests more than $75,000 in Federal fi-
nancial assistance.
‘‘(b) COMPOSITION
OF PANEL.—A majority of a
panel described in subsection (a) shall be composed of in-
dividuals who are not employees of the Federal Govern-
ment.
‘‘(c) PAYMENT OF FEES AND EXPENSES OF CERTAIN
MEMBERS.—The Secretary may use available funds ap-
propriated to carry out this part to pay the expenses and
fees of panel members who are not employees of the Fed-
eral Government.
‘‘SEC. 664. ELIGIBLE APPLICANTS.
‘‘Except as otherwise provided in this part, the per-
sons who, and the agencies that, may apply for receipt
of grants, contracts, or cooperative agreements under this
part are the following:
‘‘(1) Institutions of higher education.
‘‘(2) State educational agencies.
‘‘(3) Local educational agencies.
‘‘(4) Educational service agencies.
‘‘(5) Other public agencies.
‘‘(6) Private nonprofit organizations.
‘‘(7) Indian tribes.
‘‘(8) For-profit organizations.
182
‘‘SEC. 665. APPLICANT AND RECIPIENT RESPONSIBILITIES.
‘‘(a) GENERAL REQUIREMENTS ON APPLICANTS AND
RECIPIENTS.—The Secretary may not make a grant to,
or enter into a contract or cooperative agreement with,
a person or agency under this part unless—
‘‘(1) the person or agency involves individuals
with disabilities, and parents of children with dis-
abilities, in planning, implementing, and evaluating
activities conducted under the grant, contract, or
agreement;
‘‘(2) the person or agency, where appropriate,
evaluates the potential for replication and wide-
spread adoption of such activities; and
‘‘(3) the person or agency prepares their find-
ings and work product in a format useful for a spe-
cific audience specified by the Secretary, such as
parents, administrators, teachers, early intervention
personnel, related services personnel, or individuals
with disabilities.
‘‘(b) ADDITIONAL REQUIREMENTS IMPOSED AT DIS-
CRETION OF SECRETARY.—The Secretary may require
that a person who, or agency that, is awarded a grant,
contract, or cooperative agreement under this part—
‘‘(1) assume a portion of the cost of carrying
out the grant, contract, or agreement;
183
‘‘(2) disseminate the findings and work product
of the person or agency; and
‘‘(3) collaborate with other such persons and
agencies.
‘‘SEC. 666. INDIRECT COSTS.
‘‘The Secretary—
‘‘(1) may not permit any recipient of Federal
funds under this part to use more than 25 percent
of such funds for indirect costs; and
‘‘(2) may further limit the extent to which any
such recipient may use such funds for such costs.
‘‘SEC. 667. PROGRAM EVALUATION.
‘‘The Secretary may use funds appropriated to carry
out this part to evaluate any activity carried out under
this part.
‘‘SEC. 668. NATIONAL ASSESSMENT.
‘‘(a) PURPOSE
OF ASSESSMENT.—The Secretary
shall carry out a national assessment of activities carried
out with Federal funds under this title in order—
‘‘(1) to determine the effectiveness of the title
in achieving the purposes of the title;
‘‘(2) to provide information to the President,
the Congress, the States, local educational agencies,
and the public on how to implement the title more
effectively; and
184
‘‘(3) to provide the President and the Congress
with information that will be useful in developing
legislation to achieve the purposes of this title more
effectively.
‘‘(b) CONSULTATION.—The Secretary shall plan, re-
view, and conduct the national assessment under this sec-
tion in consultation with researchers, State practitioners,
local practitioners, parents of children with disabilities, in-
dividuals with disabilities, and other appropriate individ-
uals.
‘‘(c) SCOPE OF ASSESSMENT.—The national assess-
ment shall examine how well schools, local educational
agencies, States, other recipients of assistance under this
title, and the Secretary are achieving the purposes of this
title, including—
‘‘(1) the performance of children with disabil-
ities in general scholastic activities and assessments
as compared to nondisabled children;
‘‘(2) providing for the participation of children
with disabilities in the general education curriculum;
‘‘(3) helping children with disabilities make suc-
cessful transitions from—
‘‘(A) early intervention services to pre-
school education;
185
‘‘(B) preschool education to elementary
school; and
‘‘(C) secondary school to adult life;
‘‘(4) placing and serving children with disabil-
ities, including children from underserved popu-
lations, in the least restrictive environment appro-
priate;
‘‘(5) preventing children with disabilities, espe-
cially children with emotional disturbances and spe-
cific learning disabilities, from dropping out of
school;
‘‘(6) assessing the use of disciplinary measures,
and the effect of such use, with children with dis-
abilities as compared to nondisabled children;
‘‘(7) coordinating services provided under this
title with each other, with other educational and
pupil services (including preschool services), and
with health and social services funded from other
sources;
‘‘(8) addressing the participation of parents of
children with disabilities in the education of their
children; and
‘‘(9) resolving disagreements between education
personnel and parents through activities such as me-
diation.
186
‘‘(d) INTERIM AND FINAL REPORTS.—The Secretary
shall submit to the President and the Congress—
‘‘(1) an interim report that summarizes the pre-
liminary findings of the assessment not later than
October 1, 1998; and
‘‘(2) a final report of the findings of the assess-
ment not later than October 1, 2000.
‘‘SEC. 669. AUTHORIZATION OF APPROPRIATIONS.
‘‘(a) IN GENERAL.—There are authorized to be ap-
propriated to carry out this subpart such sums as may
be necessary for each of the fiscal years 1997 through
2001.
‘‘(b) MINIMUM AMOUNTS.—Subject to subsection (c),
the Secretary shall ensure that, for each fiscal year, at
least the following amounts are provided under this part
to address the following needs:
‘‘(1) $12,832,000 to address the educational,
related services, transitional, and early intervention
needs of children with deaf-blindness.
‘‘(2) $4,000,000 to address the postsecondary,
vocational, technical, continuing, and adult edu-
cation needs of individuals with deafness.
‘‘(c) RATABLE REDUCTION.—If the total amount ap-
propriated to carry out this part for any fiscal year is less
187
than $135,600,000, the amounts listed in subsection (b)
shall be ratably reduced.
‘‘Subpart 2—State Program Improvement Grants for
Children with Disabilities
‘‘SEC. 671. PURPOSE.
‘‘The purpose of this subpart is to assist States in
reforming and improving their systems for providing edu-
cational and early intervention services, particularly their
systems for professional development, to improve the
achievement of children with disabilities.
‘‘SEC. 672. ELIGIBILITY AND COLLABORATIVE PROCESS.
‘‘(a) ELIGIBLE APPLICANTS.—A State may apply for
a grant under this subpart for a grant period that is not
less than one year, but is not greater than 4 years.
‘‘(b) CERTIFICATION THAT COLLABORATIVE PROC-
ESS HAS BEEN USED.—A State that desires to receive
a grant under this subpart shall certify to the Secretary
that a collaborative process with persons described in sub-
section (c) has been used in developing the State improve-
ment plan described in section 673.
‘‘(c) COLLABORATIVE PROCESS PARTICIPANTS.—
‘‘(1) REQUIRED
PARTICIPANTS.—The collabo-
rative process referred to in subsection (b) is a State
process for making decisions which includes as par-
ticipants, at a minimum, the Governor of the State
188
and representatives, appointed by such Governor,
of—
‘‘(A) parents of children with disabilities;
‘‘(B) parents of nondisabled children;
‘‘(C) individuals with disabilities;
‘‘(D) organizations representing individuals
with disabilities and their parents;
‘‘(E) community-based and other nonprofit
organizations related to the education and em-
ployment of individuals with disabilities;
‘‘(F) the lead State agency official or offi-
cials for part C;
‘‘(G) local educational agencies;
‘‘(H) general and special education teach-
ers;
‘‘(I) the State educational agency;
‘‘(J) the State advisory panel established
under part B; and
‘‘(K) the State interagency coordinating
council established under part C.
‘‘(2) OPTIONAL
PARTICIPANTS.—The collabo-
rative process may include, at the Governor’s discre-
tion, representatives, appointed by the Governor,
of—
189
‘‘(A) individuals knowledgeable about voca-
tional education;
‘‘(B) the State agency for higher edu-
cation;
‘‘(C) institutions of higher education;
‘‘(D) schools of education;
‘‘(E) the State vocational rehabilitation
agency;
‘‘(F) public agencies with jurisdiction in
the areas of health, mental health, social serv-
ices, and juvenile justice; and
‘‘(G) any other individuals designated by
the Governor.
‘‘SEC. 673. STATE IMPROVEMENT PLANS.
‘‘(a) IN GENERAL.—A State that desires to receive
a grant under this subpart shall submit to the Secretary
a State improvement plan that is integrated, to the maxi-
mum extent possible, with State plans under the Elemen-
tary and Secondary Education Act of 1965 and the Reha-
bilitation Act of 1973, as appropriate.
‘‘(b) DETERMINING CHILD AND PROGRAM NEEDS.—
‘‘(1) IN
GENERAL.—Each State improvement
plan shall identify those critical aspects of early
intervention, general education, and special edu-
cation programs (including professional development,
191
and anticipated personnel shortages, and on the
extent of certification or retraining necessary to
eliminate such shortages, that is based, to the
maximum extent possible, on existing assess-
ments of personnel needs; and
‘‘(C) a summary of the information and
analysis provided by the State to the Secretary
under parts B and C on the effectiveness of the
State’s systems of early intervention, special
education, and general education in meeting the
needs of children with disabilities.
‘‘(c) IMPROVEMENT STRATEGIES.—Each State im-
provement plan shall—
‘‘(1) describe the strategies the State will use to
address the needs identified under subsection (b)(1),
including—
‘‘(A) how it will hold school districts and
schools accountable for educational progress of
children with disabilities;
‘‘(B) how it will provide technical assist-
ance to school districts and schools to improve
results for children with disabilities;
‘‘(C) how it will address the identified
needs for in-service and pre-service preparation
to ensure that all personnel who work with chil-
192
dren with disabilities (including both profes-
sional and paraprofessional personnel who pro-
vide early intervention services, special edu-
cation, general education, or related services)
have the skills and knowledge necessary to meet
the needs of children with disabilities, including
a description of how—
‘‘(i) the State will prepare general
education and special education personnel
with the content knowledge and collabo-
rative skills needed to meet the needs of
children with disabilities, including how the
State will work with other States on com-
mon certification criteria;
‘‘(ii) the State will prepare profes-
sionals and paraprofessionals in the area of
early intervention with the content knowl-
edge and collaborative skills needed to
meet the needs of infants and toddlers
with disabilities;
‘‘(iii) the State will work with institu-
tions of higher education and other entities
that prepare (on both a pre-service and an
in-service basis) personnel who work with
children with disabilities to ensure that
193
such institutions and entities develop the
capacity to support professional develop-
ment programs which reflect actual edu-
cation practices and techniques;
‘‘(iv) the State’s requirements for li-
censure of teachers and administrators, in-
cluding certification and recertification,
will be modified to support an adequate
supply of personnel with the necessary
skills and knowledge (including, where ap-
propriate, strategies for developing recip-
rocal certification agreements and common
certification 
requirements 
with 
other
States); and
‘‘(v) the State will work to develop
collaborative agreements with other States
for the joint support and development of
programs to prepare personnel for which
there is not sufficient demand within a sin-
gle State to justify support or development
of such a program of preparation;
‘‘(D) how it will work in collaboration with
other States, particularly neighboring States, to
address the lack of uniformity and reciprocity
194
in the credentialing of teachers and other per-
sonnel;
‘‘(E) strategies that will address systemic
problems identified in Federal compliance re-
views, including shortages of qualified person-
nel; and
‘‘(F) how the State will assess, on a regu-
lar basis, the extent to which the strategies im-
plemented under this subpart have been effec-
tive; and
‘‘(2) describe how the improvement strategies
under paragraph (1) will be coordinated with public
and private sector resources.
‘‘(d) REPORTING PROCEDURES.—Each State that re-
ceives a grant under this subpart shall submit perform-
ance reports to the Secretary pursuant to a schedule to
be determined by the Secretary, but not more frequently
that annually.
‘‘(e) PLAN APPROVAL.—The Secretary shall approve
a State improvement plan under this section if it—
‘‘(1) meets the requirements of this part;
‘‘(2) has been developed in accordance with the
requirements of section 672; and
195
‘‘(3) in the opinion of the Secretary, has a rea-
sonable chance of achieving the purposes of the
grant.
‘‘(f) PLAN AMENDMENTS.—
‘‘(1) MODIFICATIONS MADE BY STATE.—Sub-
ject to paragraph (2), a plan submitted by a State
in accordance with this section shall remain in effect
until the State submits to the Secretary such modi-
fications as the State determines necessary. This
section shall apply to a modification to a plan to the
same extent and in the same manner as this section
applies to the original plan.
‘‘(2) 
MODIFICATIONS
REQUIRED
BY
SEC-
RETARY.—The Secretary may require a State to
amend its State improvement plan at any time as a
result of the Secretary’s compliance reviews under
parts B and C. The Secretary may not provide fur-
ther funding under this subpart to the State until
such amendments are made.
‘‘SEC. 674. USE OF FUNDS.
‘‘(a) IN GENERAL.—A State that receives a grant
under this subpart may use the grant to carry out any
activities that are described in the State improvement plan
and that are consistent with the purpose of this subpart.
Such activities may include the awarding of subgrants, but
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only if the subgrants are made to local educational agen-
cies. Any such local educational agency may award sub-
grants to any person. Such activities may also include the
awarding of contracts to appropriate entities.
‘‘(b) USE OF FUNDS FOR PROFESSIONAL DEVELOP-
MENT.—A State that receives a grant under this subpart
shall use not less than 75 percent of the funds it receives
under the grant for any fiscal year to ensure that there
is a sufficient supply of personnel who have the skills and
knowledge necessary to enable children with disabilities to
meet developmental goals and to meet the needs of such
children, including working with other States on common
certification criteria.
‘‘(c) GRANTS TO TERRITORIES.—The provisions of
Public Law 95–134, permitting the consolidation of grants
to the territories, shall not apply to funds received under
this subpart.
‘‘SEC. 675. MINIMUM STATE ALLOTMENTS.
‘‘A State that receives a grant under this subpart
shall receive an amount that is—
‘‘(1) not less than $200,000, in the case of the
50 States, the District of Columbia, and the Com-
monwealth of Puerto Rico; and
‘‘(2) not less than $40,000, in the case of a ter-
ritory.
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‘‘SEC. 676. AUTHORIZATION OF APPROPRIATIONS.
‘‘There are authorized to be appropriated to carry out
this subpart such sums as may be necessary for each of
the fiscal years 1997 through 2001.
‘‘Subpart 3—Parent Training
‘‘SEC. 681. GRANTS FOR PARENT TRAINING AND INFORMA-
TION CENTERS.
‘‘(a) PROGRAM AUTHORIZED.—The Secretary may
make grants to, and enter into contracts and cooperative
agreements with, parent organizations to support parent
training and information centers to carry out activities
under this subpart.
‘‘(b) REQUIRED ACTIVITIES.—A parent training and
information center that receives assistance under this sec-
tion shall—
‘‘(1) assist parents to understand the availabil-
ity of, and how effectively to use, procedural safe-
guards under this title, including the use of alter-
native methods of dispute resolution, such as medi-
ation;
‘‘(2) serve the parents of children with the full
range of disabilities; and
‘‘(3) annually report to the Secretary on—
‘‘(A) the number of parents to whom it
provided information and training in the most
recently concluded fiscal year; and
198
‘‘(B) the effectiveness of strategies used to
reach and serve parents of children with disabil-
ities, including underserved parents of children
with disabilities.
‘‘(c) OPTIONAL ACTIVITIES.—A parent training and
information center that receives assistance under this sec-
tion may—
‘‘(1) provide information to teachers and other
professionals who provide special education and re-
lated services to children with disabilities;
‘‘(2) assist students with disabilities to under-
stand their rights and responsibilities under section
615(j) on reaching the age of majority; and
‘‘(3) establish cooperative partnerships with
parent organizations, and other organizations assist-
ing families of children with disabilities, in the com-
munity.
‘‘(d) APPLICATION REQUIREMENTS.—Each applica-
tion for assistance under this section shall identify with
specificity the special efforts that the applicant will under-
take to—
‘‘(1) ensure that the needs for training and in-
formation of parents of underserved children with
disabilities in the area to be served are effectively
met; and
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‘‘(2) work with community-based organizations.
‘‘(e) DISTRIBUTION OF FUNDS.—
‘‘(1) NUMBER
OF
AWARDS.—The Secretary
shall make at least one award to a parent organiza-
tion in each State, unless the Secretary does not re-
ceive an application from such an organization in
each State of sufficient quality to warrant approval.
‘‘(2) ENSURING EFFECTIVE ASSISTANCE.—The
Secretary may select among applications submitted
by parent organizations in a State in a manner that
ensures the most effective assistance to parents, in-
cluding parents in urban and rural areas, in the
State.
‘‘SEC. 682. TECHNICAL ASSISTANCE FOR PARENT TRAINING
AND INFORMATION CENTERS.
‘‘(a) PROGRAM AUTHORIZED.—The Secretary may
provide technical assistance for developing, assisting, and
coordinating parent training and information programs
carried out by parent training and information centers re-
ceiving assistance under section 681.
‘‘(b) AUTHORIZED ACTIVITIES.—The Secretary may
provide technical assistance to a parent training and infor-
mation center under this section in areas such as—
‘‘(1) effective coordination of parent training ef-
forts;
200
‘‘(2) dissemination of information;
‘‘(3) evaluation by the center of itself;
‘‘(4) promotion of the use of technology, includ-
ing assistive technology devices and assistive tech-
nology services;
‘‘(5) reaching underserved populations;
‘‘(6) including children with disabilities in gen-
eral education programs;
‘‘(7) facilitation of transitions from—
‘‘(A) early intervention services to pre-
school;
‘‘(B) preschool to school; and
‘‘(C) secondary school to postsecondary en-
vironments; and
‘‘(8) promotion of alternative methods of dis-
pute resolution.
‘‘SEC. 683. AUTHORIZATION OF APPROPRIATIONS.
‘‘There are authorized to be appropriated to carry out
this subpart such sums as may be necessary for each of
the fiscal years 1997 through 2001.’’.
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TITLE II—MISCELLANEOUS
PROVISIONS
SEC. 201. AMENDMENT TO ESEA TO COORDINATE IDEA AND
SCHOOLWIDE PROGRAMS.
Section 1114(a)(4) of the Elementary and Secondary
Education Act of 1965 (20 U.S.C. 6314(a)(4)) is amend-
ed—
(1) in subparagraph (A), by striking ‘‘Secretary
(other than formula or discretionary grant programs
under the Individuals with Disabilities Education
Act),’’ and inserting ‘‘Secretary,’’; and
(2) in subparagraph (B), by inserting ‘‘special
education and related services under an individual-
ized education program, procedural safeguards,’’
after ‘‘civil rights,’’.
SEC. 202. EFFECTIVE DATES.
(a) PARTS A, B, AND C.—Parts A, B, and C of the
Individuals with Disabilities Education Act, as amended
by title I, shall take effect on July 1, 1997.
(b) PART D.—Part D of such Act, as amended by
title I, shall take effect on October 1, 1997.
SEC. 203. REPEALERS.
(a) PART I.—Part I of the Individuals with Disabil-
ities Education Act is hereby repealed.
202
(b) PART H.—Effective July 1, 1997, part H of such
Act is hereby repealed.
(c) PARTS E, F, AND G.—Effective October 1, 1997,
parts E, F, and G of such Act are hereby repealed.
Æ