I 
108TH CONGRESS 
1ST SESSION H. R. 1373
To provide options to States to innovate and improve the education of children 
with disabilities by expanding the choices for students and parents under 
the Individuals with Disabilities Education Act. 
IN THE HOUSE OF REPRESENTATIVES 
MARCH 20, 2003
Mr. DEMINT (for himself, Mr. BOEHNER, Mr. HOEKSTRA, Mrs. MUSGRAVE, 
and Mr. FEENEY) introduced the following bill; which was referred to the 
Committee on Education and the Workforce 
A BILL 
To provide options to States to innovate and improve the 
education of children with disabilities by expanding the 
choices for students and parents under the Individuals 
with Disabilities Education Act.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘IDEA Parental Choice 
Act of 2003’’.
SEC. 2. AMENDMENTS TO THE INDIVIDUALS WITH DISABIL-
ITIES EDUCATION ACT. 
(a) RESEARCH AND INNOVATION TO IMPROVE SERV-
ICES
AND RESULTS
FOR CHILDREN WITH DISABIL-
ITIES.—Section 672(b)(2) of the Individuals with Disabil-
ities Education Act (20 U.S.C. 1472(b)(2)) is amended 
by adding at the end the following: 
‘‘(I) Supporting the post-award planning 
and design, and the initial implementation 
(which may include costs for informing the 
community, acquiring necessary equipment and 
supplies, and other initial operational costs), 
during a period of not more than 3 years, of 
State programs that allow the parent of a child 
with a disability to make a genuine independent 
choice of the appropriate public or private 
school for their child, if the program—
‘‘(i) requires that the child—
‘‘(I) have been determined to be 
a child with a disability in accordance 
with section 614; 
‘‘(II) have spent the prior school 
year in attendance at a public elemen-
tary or secondary school unless the 
child was served under section 619 or 
part C during such year; and
‘‘(III) have in effect an individ-
ualized education program (as defined 
in section 614(d)(1)(A)); 
‘‘(ii) permits the parent to receive 
from the eligible entity funds to be used to 
pay some or all of the costs of attendance 
at the selected school (which may include 
tuition, fees, and transportation costs); 
‘‘(iii) prohibits the selected school 
from discriminating against eligible stu-
dents on the basis of race, color, or na-
tional origin; and 
‘‘(iv) requires the selected school to be 
academically accountable to the parent for 
meeting the educational needs of the stu-
dent.’’. 
(b) CHILDREN ENROLLED IN PRIVATE SCHOOLS BY 
THEIR PARENTS.—Section 612(a)(10)(A) of the Individ-
uals with Disabilities Education Act (20 U.S.C. 
1412(a)(10)(A)) is amended by adding at the end the fol-
lowing: 
‘‘(iii) PARENT OPTION PROGRAM.—If 
a State has established a program de-
scribed in section 672(b)(2)(I) (whether 
statewide or in limited areas of the State)
that allows a parent of a child with a dis-
ability to use public funds to pay some or 
all of the costs of attendance at a public or 
private school—
‘‘(I) funds allocated to the State 
under section 611 may be used to 
supplement those public funds, if the 
Federal funds are distributed to par-
ents who make a genuine independent 
choice as to the appropriate school for 
their child; 
‘‘(II) the authorization of a par-
ent to exercise this option fulfills the 
State’s obligation under paragraph (1) 
with respect to the child during the 
period in which the child is enrolled in 
the selected school; and 
‘‘(III) a private school accepting 
those funds shall be deemed, for both 
the programs and services delivered to 
the child, to be providing a free ap-
propriate public education and to be 
in compliance with section 504 of the 
Rehabilitation Act of 1973 (29 U.S.C. 
794).’’.
(c) PERMISSIVE USE OF FUNDS.—Section 613(a)(4) 
of the Individuals with Disabilities Education Act (20 
U.S.C. 1413(a)(4)) is amended by adding at the end the 
following: 
‘‘(C) SUPPLEMENTAL EDUCATIONAL SERV-
ICES
FOR
CHILDREN
WITH
DISABILITIES
IN 
SCHOOLS
DESIGNATED
FOR
IMPROVEMENT.—
For the reasonable additional expenses (as de-
termined by the local educational agency) of 
any necessary accommodations to allow children 
with disabilities who are being educated in a 
school identified for school improvement under 
section 1116(b) of the Elementary and Sec-
ondary Education Act of 1965 (20 U.S.C. 
6316(b)) to be provided supplemental edu-
cational services under section 1116(e) of such 
Act on an equitable basis, if such children with 
disabilities are eligible children (as defined in 
section 1116(e)(12)(A) of such Act).’’. 
(d) ALLOWING
CHILDREN
TO
RECEIVE
EARLY 
INTERVENTION SERVICES UNTIL AGE 6.—
(1) IN GENERAL.—Section 632(5) of the Indi-
viduals with Disabilities Education Act (20 U.S.C. 
1432(5)) is amended—
(A) in subparagraph (A), by striking 
‘‘and’’ at the end; 
(B) in subparagraph (B), by striking the 
period at the end and inserting ‘‘; and’’; and 
(C) by adding at the end the following: 
‘‘(C) may also include, at a State’s discre-
tion, a child aged 3 through 5, who previously 
received services under this part and who is eli-
gible for services under section 619, if services 
provided to this age group under this part in-
clude an educational component that promotes 
school readiness and incorporates scientifically 
based pre-literacy, language, and numeracy 
skills.’’. 
(2) REQUIREMENTS
FOR
STATEWIDE
SYS-
TEM.—Section 635 of the Individuals with Disabil-
ities Education Act (20 U.S.C. 1435) is amended by 
adding at the end the following: 
‘‘(c) TREATMENT OF CHILDREN AGED 3 THROUGH 
5.—If a State includes children described in section 
632(5)(C) in the system described in section 633, the 
State shall be considered to have fulfilled any obligation 
under part B with respect to the provision of a free appro-
priate public education to those children during the period 
in which they are receiving services under this part.’’.
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