Union Calendar No. 304
104TH CONGRESS
2D SESSION
H. R. 3268
[Report No. 104–614]
A BILL
To amend the Individuals with Disabilities Edu-
cation Act, to reauthorize and make improve-
ments to that Act, and for other purposes.
JUNE 10, 1996
Reported with an amendment, committed to the Commit-
tee of the Whole House on the State of the Union, and
ordered to be printed
IB
Union Calendar No. 304
104TH CONGRESS
2D SESSION
H. R. 3268
[Report No. 104–614]
To amend the Individuals with Disabilities Education Act, to reauthorize
and make improvements to that Act, and for other purposes.
IN THE HOUSE OF REPRESENTATIVES
APRIL 18, 1996
Mr. CUNNINGHAM introduced the following bill; which was referred to the
Committee on Economic and Educational Opportunities
JUNE 10, 1996
Additional sponsors: Mr. GUNDERSON, Mr. SAM JOHNSON of Texas, Mr.
RIGGS, Mr. SOUDER, Mr. WELDON of Florida, Mr. GREENWOOD, Mr.
BARRETT of Nebraska, Mr. BALLENGER, Mrs. MEYERS of Kansas, Mr.
GRAHAM, and Mr. KNOLLENBERG
JUNE 10, 1996
Reported with an amendment, committed to the Committee of the Whole
House on the State of the Union, and ordered to be printed
[Strike out all after the enacting clause and insert the part printed in italic]
[For text of introduced bill, see copy of bill as introduced on April 18, 1996]
A BILL
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 Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘IDEA Improvement Act
of 1996’’.
TITLE I—AMENDMENTS TO THE
INDIVIDUALS WITH DISABIL-
ITIES EDUCATION ACT
SEC. 101. AMENDMENTS TO THE INDIVIDUALS WITH DIS-
ABILITIES 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 title may be cited as the ‘In-
dividuals with Disabilities Education Act’.
‘‘(b) TABLE OF CONTENTS.—The table of contents for
this title 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. Requirements for prescribing regulations.
‘‘Sec. 606. Employment of individuals with disabilities.
‘‘PART B—ASSISTANCE FOR EDUCATION OF ALL CHILDREN WITH
DISABILITIES
‘‘Sec. 611. Authorization; allotment; use of funds; authorization of appro-
priations.
‘‘Sec. 612. State requirements.
‘‘Sec. 613. Local educational agency requirements.
‘‘Sec. 614. Evaluations, reevaluations, individualized education programs,
and educational placements.
‘‘Sec. 615. Procedural safeguards.
‘‘Sec. 616. Withholding and judicial review.
‘‘Sec. 617. Administration.
‘‘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. Authorization of appropriations.
‘‘PART D—NATIONAL ACTIVITIES TO IMPROVE EDUCATION OF CHILDREN WITH
DISABILITIES
‘‘Sec. 651. Purpose of part.
‘‘Sec. 652. Eligibility for financial assistance.
‘‘SUBPART 1—GENERAL PROVISIONS AND NATIONAL RESEARCH AND
IMPROVEMENT ACTIVITIES
‘‘Sec. 661. Comprehensive plan.
‘‘Sec. 662. Priorities.
‘‘Sec. 663. Peer review.
‘‘Sec. 664. Eligible applicants.
‘‘Sec. 665. Applicant and recipient responsibilities.
‘‘Sec. 666. Indirect costs.
‘‘Sec. 667. Program evaluation.
‘‘Sec. 668. National assessment.
‘‘Sec. 669. Authorization of appropriations.
‘‘SUBPART 2—PROFESSIONAL DEVELOPMENT
‘‘Sec. 671. Purpose.
‘‘Sec. 672. Finding.
‘‘Sec. 673. National activities.
‘‘Sec. 674. Professional development for personnel serving low-incidence pop-
ulations.
‘‘Sec. 675. Leadership personnel.
‘‘Sec. 676. Service obligation.
‘‘Sec. 677. Outreach.
‘‘SUBPART 3—STATE PROGRAM IMPROVEMENT GRANTS FOR CHILDREN WITH
DISABILITIES
‘‘Sec. 681. Purpose.
‘‘Sec. 682. Eligibility and collaborative process.
‘‘Sec. 683. State improvement plans.
‘‘Sec. 684. Use of funds.
‘‘Sec. 685. Minimum State allotments.
‘‘Sec. 686. Authorization of appropriations.
‘‘SUBPART 4—PARENT TRAINING
‘‘Sec. 691. Grants for parent training and information centers.
‘‘Sec. 692. Technical assistance for parent training and information centers.
‘‘Sec. 693. Authorization of appropriations.
‘‘(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 in-
dividuals to participate in or contribute to society.
Improving educational results for children with dis-
abilities is an essential element of our national policy
of ensuring equality of opportunity, full participa-
tion, independent living, and economic self-sufficiency
for individuals with disabilities.
‘‘(2) Before the date of the enactment of the Edu-
cation for All Handicapped Children Act of 1975
(Public Law 94–142)—
‘‘(A) the special educational needs of chil-
dren with disabilities were not being fully met;
‘‘(B) more than one-half of the children
with disabilities in the United States did not re-
ceive appropriate educational services that would
enable such children to have full equality of op-
portunity;
‘‘(C) 1,000,000 of the children with disabil-
ities 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 disabil-
ities 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 Education for All Handicapped Children Act of
1975, this Act has been successful in ensuring chil-
dren with disabilities and the families of such chil-
dren 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 insuffi-
cient focus on applying replicable research on proven
methods of teaching and learning for children with
disabilities.
‘‘(5) 20 years of research and experience has
demonstrated that the education of children with dis-
abilities can be made more effective by—
‘‘(A) having high expectations for such chil-
dren and ensuring their access in the general
curriculum to the maximum extent possible;
‘‘(B) ensuring that families of such children
have meaningful opportunities to participate in
the education of their children at school and at
home;
‘‘(C) coordinating this Act with other local,
State, and Federal school improvement efforts in
order to ensure that such children benefit from
such efforts and that special education can be-
come a service for such children rather than a
place where they are sent;
‘‘(D) providing appropriate special edu-
cation and related services and aids and sup-
ports in the regular classroom to such children,
whenever appropriate;
‘‘(E) supporting high-quality, intensive pro-
fessional 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 maximum extent possible, those chal-
lenging expectations that have been estab-
lished for all children; and
‘‘(ii) to be prepared to lead productive,
independent, adult lives, to the maximum
extent possible;
‘‘(F) providing incentives for whole-school
approaches and early intervention to reduce the
need to label children as disabled in order to ad-
dress their learning needs; and
‘‘(G) focusing resources on teaching and
learning while reducing paperwork and require-
ments that do not assist in improving edu-
cational results.
‘‘(6) While States and local educational agencies
are responsible for providing an education for all
children with disabilities, it is in the national inter-
est that the Federal Government have a role in assist-
ing State and local efforts to educate children with
disabilities in order to improve results for such chil-
dren and to ensure equal protection of the law.
‘‘(7)(A) The Federal Government must be respon-
sive to the growing needs of an increasingly more di-
verse society. A more equitable allocation of resources
is essential for the Federal Government to meet its re-
sponsibility to provide an equal educational oppor-
tunity for all individuals.
‘‘(B) America’s racial profile is rapidly chang-
ing. While the rate of increase for white Americans is
3.2 percent, the rate of increase for racial and ethnic
minorities is much higher: 38.6 percent for His-
panics, 14.6 percent for African-Americans, and 40.1
percent for Asians and other ethnic groups.
‘‘(C) By the year 2000, this Nation will have
260,000,000 people, one of every three of whom will
be either African-American, Hispanic, or Asian-
American.
‘‘(D) Taken together as a group, it is a more fre-
quent phenomenon for minorities to comprise the ma-
jority of public school students. Large city school pop-
ulations are overwhelmingly minority, e.g., Miami,
71 percent; Philadelphia, 73 percent; Baltimore, 80
percent.
‘‘(E) Recruitment efforts within special edu-
cation at the level of preservice, continuing education,
and practice must focus on bringing larger numbers
of minorities into the profession 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 Na-
tion’s 2 largest school districts, limited English stu-
dents make up almost half of all students initially en-
tering school at the kindergarten level. Studies have
documented apparent discrepancies in the levels of re-
ferral 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 pri-
marily to the pupil’s academic needs. These trends
pose special challenges for special education in the re-
ferral, assessment, and services for our Nation’s stu-
dents from non-English language backgrounds.
‘‘(8)(A) Greater efforts are needed to prevent the
intensification of problems connected with mislabeling
and high dropout rates among minority children with
disabilities.
‘‘(B) More minority children continue to be
served in special education than would be expected
from the percentage of minority students in the gen-
eral school population.
‘‘(C) Poor African-American children are 3.5
times more likely to be identified by their teacher as
mentally retarded than their white counterpart.
‘‘(D) Although African-Americans represent 12
percent of elementary and secondary enrollments, they
constitute 28 percent 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 organiza-
tions receiving funds under this Act; and peer review
panels; and training of professionals in the area of
special education by minority individuals, organiza-
tions, 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 1989, of the 661,000 college and univer-
sity professors, 4.6 percent were African-American
and 3.1 percent were Hispanic. Of the 3,600,000
teachers, prekindergarten through high school, 9.4 per-
cent were African-American and 3.9 percent were
Hispanic.
‘‘(C) Students from minority groups comprise
more than 50 percent of K–12 public school enroll-
ment 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 students in special education increases, the
number of minority teachers and related service per-
sonnel produced in our colleges and universities con-
tinues to decrease.
‘‘(E) Ten years ago, 12.5 percent of the United
States teaching force in public elementary and sec-
ondary schools were members of a minority group.
Minorities comprised 21.3 percent of the national
population at that time and were clearly underrep-
resented then among employed teachers. Today, the el-
ementary and secondary teaching force is 3 to 5 per-
cent minority, while one-third of the students in pub-
lic schools are minority children.
‘‘(F) As recently as 1984–85, Historically Black
Colleges and Universities supplied nearly half of the
African-American teachers in the Nation. However, in
1988, Historically Black Colleges and Universities re-
ceived only 2 percent of the discretionary funds for
special education and related services personnel train-
ing.
‘‘(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 Afri-
can-American or Hispanic students.
‘‘(10) Minorities and underserved persons are so-
cially disadvantaged because of the lack of opportuni-
ties in training and educational programs, under-
girded by the practices in the private sector that im-
pede their full participation in the mainstream of so-
ciety.
‘‘(d) PURPOSES.—The purposes of this title are—
‘‘(1) to ensure that all children with disabilities
have available to them a free appropriate public edu-
cation that emphasizes special education and related
services designed to meet their unique needs and pre-
pare them for employment and independent living;
‘‘(2) to ensure that the rights of children with
disabilities and parents of such children are protected;
‘‘(3) to assist States, localities, and Federal
agencies to provide for the education of all children
with disabilities; and
‘‘(4) to assess, and ensure the effectiveness of, ef-
forts to educate children with disabilities.
‘‘SEC. 602. DEFINITIONS.
‘‘As used in this title:
‘‘(1) ASSISTIVE TECHNOLOGY DEVICE.—The term
‘assistive technology device’ means any item, piece of
equipment, or product system, whether acquired com-
mercially 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 pro-
viding for the acquisition of assistive technology
devices by such child;
‘‘(C) selecting, designing, fitting, customiz-
ing, adapting, applying, maintaining, repairing,
or replacing of assistive technology devices;
‘‘(D) coordinating and using other thera-
pies, interventions, or services with assistive
technology devices, such as those associated with
existing education and rehabilitation 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 rehabilitation services), employ-
ers, 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.—
‘‘(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 emotional dis-
turbance, orthopedic impairments, autism,
traumatic brain injury, other health im-
pairments, or specific learning disabilities;
and
‘‘(ii) who, by reason thereof, needs spe-
cial education and related services.
‘‘(B) CHILD AGED 3 TO 9.—The term ‘child
with a disability’ for a child aged 3 to 9, inclu-
sive, 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 devel-
opment, communication development, social
or emotional development, or adaptive de-
velopment; and
‘‘(ii) who, by reason thereof, needs spe-
cial education 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 de-
velop, manage, and provide services or pro-
grams to local educational agencies; and
‘‘(ii) recognized as an administrative
agency for purposes of the provision of spe-
cial 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 di-
rection over a public elementary or secondary
school.
‘‘(5) ELEMENTARY SCHOOL.—The term ‘elemen-
tary school’ means a day or residential school which
provides elementary education, as determined under
State law, policy, or procedure.
‘‘(6) EQUIPMENT.—The term ‘equipment’ in-
cludes—
‘‘(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 func-
tioning of a particular facility as a facility for
the provision of educational services, including
items such as instructional equipment and nec-
essary furniture, printed, published, and audio-
visual instructional materials, telecommuni-
cations, 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 which are in excess of the average
annual per student expenditure in a local educational
agency during the preceding school year for an ele-
mentary or secondary school student, as may be ap-
propriate, and which shall be computed after deduct-
ing—
‘‘(A) amounts received—
‘‘(i) under part B of this title;
‘‘(ii) under part A of title I of the Ele-
mentary and Secondary Education Act of
1965; or
‘‘(iii) under part A of title VII of such
Act; and
‘‘(B) any State or local funds expended for
programs that would qualify for assistance under
any such part.
‘‘(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 edu-
cational agency;
‘‘(C) include an appropriate preschool, ele-
mentary, 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 indi-
vidual 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 Alaskan native village or regional village cor-
poration (as defined in or established under the Alas-
ka Native Claims Settlement Act).
‘‘(11) INDIVIDUALIZED EDUCATION PROGRAM.—
The term ‘individualized education program’ or ‘IEP’
means a written statement for each child with a dis-
ability that is developed, reviewed, and revised in ac-
cordance with section 614(d) and that includes—
‘‘(A) a statement of the child’s present levels
of educational performance, including—
‘‘(i) how the child’s disability affects
the child’s involvement and progress in the
general curriculum; or
‘‘(ii) for preschool children, as appro-
priate, how the disability affects the child’s
participation in appropriate activities;
‘‘(B) a statement of measurable annual
goals, including benchmarks or short-term objec-
tives, related to—
‘‘(i) meeting the child’s needs that re-
sult from the child’s disability to enable the
child to be involved in and progress in the
general curriculum; and
‘‘(ii) meeting each of the child’s other
educational needs that result from the
child’s disability;
‘‘(C) a statement of how the classroom was
adapted before the student was referred for iden-
tification as a child with a disability;
‘‘(D) a justification of the extent, if any, to
which the child will not be educated with non-
disabled children;
‘‘(E) a statement of the special education
and related services and supplementary aids and
services to be provided to the child, or on behalf
of the child, and any program modifications or
support for school personnel necessary for the
child—
‘‘(i) to progress toward the attainment
of the annual goals described in subpara-
graph (B); and
‘‘(ii) to be involved and progress in the
general curriculum in accordance with sub-
paragraph (A) and to participate in extra-
curricular and other nonacademic activi-
ties;
‘‘(F)(i) a statement of any individual modi-
fications in the administration of State or dis-
trictwide assessments of student achievement that
are needed in order for the child to participate
in such assessment; and
‘‘(ii) if the individualized education pro-
gram team determines that the child will not
participate in a particular State or districtwide
assessment of student achievement (or part of
such an assessment), a statement of—
‘‘(I) why that assessment is not appro-
priate for the child; and
‘‘(II) how the child will be assessed;
‘‘(G) the projected date for the beginning of
the services and modifications described in sub-
paragraph (E), and the anticipated frequency,
location, and duration of those services and
modifications;
‘‘(H)(i) beginning at age 14, and updated
annually, a statement of the transition service
needs of the child under the applicable compo-
nents of the child’s IEP that focuses on the
child’s courses of study (such as participation in
advanced-placement courses or a vocational edu-
cation or school-to-work program);
‘‘(ii) beginning at age 16 (or younger, if de-
termined appropriate by the IEP Team), a state-
ment of needed transition services for the child,
including, when appropriate, a statement of the
interagency responsibilities or any needed link-
ages; and
‘‘(iii) beginning at least one year before the
child reaches the age of majority under State
law, a statement that the child has been in-
formed 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
‘‘(I) a statement of—
‘‘(i) how the child’s progress toward the
annual goals described in subparagraph (B)
will be measured; and
‘‘(ii) how the child’s parents will be
regularly informed (by such means as peri-
odic report cards), at least as often as par-
ents are informed of their nondisabled chil-
dren’s progress, of—
‘‘(I) their child’s progress toward
the annual goals described in subpara-
graph (B); and
‘‘(II) the extent to which that
progress is sufficient to enable the child
to achieve the objectives by the end of
the year.
‘‘(12) INDIVIDUALIZED
EDUCATION
PROGRAM
TEAM.—The term ‘individualized education program
team’ or ‘IEP Team’ means a group of individuals
composed of—
‘‘(A) the parents of a child with a disabil-
ity;
‘‘(B) at least one regular education teacher
of such child (if the child is, or may be, partici-
pating in the regular education environment);
‘‘(C) at least one special education teacher,
or where appropriate, at least one special edu-
cation provider of such child;
‘‘(D) a representative of the local edu-
cational agency who—
‘‘(i) is qualified to provide, or super-
vise the provision of, specially designed in-
struction to meet the unique needs of chil-
dren with disabilities;
‘‘(ii) is knowledgeable about the general
curriculum; and
‘‘(iii) is knowledgeable about the avail-
ability of resources of the local educational
agency;
‘‘(E) whenever appropriate, the child with a
disability; and
‘‘(F) at the discretion of the parent or the
agency, other individuals who have special ex-
pertise or knowledge regarding the abilities and
disability or disabilities of the child, including,
as appropriate, related services personnel who
are or who will be working with the child.
‘‘(13) 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 Inte-
rior under the Tribally Controlled Community
College Assistance Act of 1978.
‘‘(14) LOCAL EDUCATIONAL AGENCY.—The term
‘local educational agency’ means—
‘‘(A) a public board of education or other
public authority legally constituted within a
State for either administrative control or direc-
tion of, or to perform a service function for, pub-
lic elementary or secondary schools in a city,
county, township, school district, or other politi-
cal subdivision of a State, or for a combination
of school districts or counties as are recognized
in a State as an administrative agency for its
public elementary or secondary schools;
‘‘(B) any other public institution or agency
having administrative control and direction of a
public elementary or secondary school; or
‘‘(C) an educational service agency.
‘‘(15) NATIVE LANGUAGE.—The term ‘native lan-
guage’, when used with reference to an individual of
limited English proficiency, means the language nor-
mally used by the individual, or in the case of a
child, the language normally used by the parents of
the child, and includes American Sign Language.
‘‘(16) NONPROFIT.—The term ‘nonprofit’ as ap-
plied to a school, agency, organization, or institution
means a school, agency, organization, or institution
owned and operated by one or more nonprofit cor-
porations or associations no part of the net earnings
of which inures, or may lawfully inure, to the benefit
of any private shareholder or individual.
‘‘(17) PARENT.—The term ‘parent’ includes a
legal guardian or surrogate parent.
‘‘(18) PARENT ORGANIZATION.—The term ‘par-
ent organization’ means a private nonprofit organiza-
tion (but not including an institution of higher edu-
cation) that—
‘‘(A) has a board of directors—
‘‘(i) the majority of whom are parents
of children with disabilities;
‘‘(ii) that includes—
‘‘(I) individuals working in the
fields of special education, related serv-
ices, and early intervention; and
‘‘(II) individuals with disabilities;
and
‘‘(iii) the parent and professional
members of which are broadly representa-
tive of the population to be served; or
‘‘(B)(i) represents the interests of individ-
uals with disabilities and has established a spe-
cial governing committee which meets the re-
quirements of subparagraph (A); and
‘‘(ii) has a memorandum of understanding
between the special governing committee and the
board of directors of the organization which
clearly outlines the relationship between the
board and the committee and the decisionmaking
responsibilities and authority of each.
‘‘(19) PARENT TRAINING AND INFORMATION CEN-
TER.—The term ‘parent training and information
center’ means a center that—
‘‘(A) provides training and information
that meets the training and information needs of
parents of children with disabilities living in the
area served by the center; and
‘‘(B) assists parents—
‘‘(i) to better understand the nature of
their children’s disabilities and their edu-
cational and developmental needs;
‘‘(ii) to communicate effectively with
personnel responsible for providing special
education, early intervention, and related
services;
‘‘(iii) to participate in decisionmaking
processes and the development of the IEP;
‘‘(iv) to obtain appropriate informa-
tion about the range of options, programs,
services, and resources available to assist
children with disabilities and their families;
‘‘(v) to understand the programs under
this title for the education of, and the provi-
sion of early intervention services to, chil-
dren with disabilities; and
‘‘(vi) to participate in school reform
activities.
‘‘(20) RELATED
SERVICES.—The term ‘related
services’ means transportation, and such developmen-
tal, corrective, and other supportive services (includ-
ing speech-language pathology and audiology services,
psychological services, physical and occupational ther-
apy, recreation, including therapeutic recreation, so-
cial work services, counseling services, including reha-
bilitation counseling, orientation and mobility serv-
ices, and medical services, except that such medical
services shall be for diagnostic and evaluation pur-
poses only) as may be required to assist a child with
a disability to benefit from special education, and in-
cludes the early identification and assessment of dis-
abling conditions in children.
‘‘(21) SECONDARY SCHOOL.—The term ‘second-
ary school’ means a day or residential school which
provides secondary education, as determined under
State law, policy, or procedure, except that it does not
include any education provided beyond grade 12.
‘‘(22) SECRETARY.—The term ‘Secretary’ means
the Secretary of Education.
‘‘(23) 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—
‘‘(A) instruction conducted in the classroom,
in the home, in hospitals and institutions, and
in other settings; and
‘‘(B) instruction in physical education.
‘‘(24) SPECIFIC LEARNING DISABILITY.—
‘‘(A) IN
GENERAL.—The term ‘specific
learning disability’ 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 disabil-
ities, 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.
‘‘(25) STATE.—The term ‘State’ means each of
the 50 States, the District of Columbia, the Common-
wealth of Puerto Rico, and each of the territories.
‘‘(26) STATE EDUCATIONAL AGENCY.—The term
‘State educational agency’ means the State board of
education or other agency or officer primarily respon-
sible 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 Gov-
ernor or by State law.
‘‘(27) 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 edu-
cated with nondisabled children to the maximum ex-
tent 
appropriate 
in 
accordance 
with 
section
612(a)(4).
‘‘(28) TERRITORY.—The term ‘territory’ means
American Samoa, the Commonwealth of the Northern
Mariana Islands, Guam, and the Virgin Islands.
‘‘(29) TRANSITION SERVICES.—The term ‘transi-
tion services’ means a coordinated set of activities for
a child with a disability that—
‘‘(A) are designed within an outcome-ori-
ented process, which promotes movement from
school to post-school activities, including post-
secondary education, vocational training, inte-
grated employment (including supported employ-
ment), continuing and adult education, adult
services, independent living, or community par-
ticipation;
‘‘(B) are based upon the individual child’s
needs, taking into account the child’s preferences
and interests; and
‘‘(C) include instruction, related services,
community experiences, the development of em-
ployment and other post-school adult living ob-
jectives, 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 Of-
fice of Special Education and Rehabilitative Services in the
Department of Education, an Office of Special Education
Programs which shall be the principal agency in such De-
partment for administering and carrying out this title and
other programs and activities concerning the education and
training of children with disabilities.
‘‘(b) DIRECTOR.—The Office established under sub-
section (a) shall be headed by a Director who shall be se-
lected by the Secretary and shall report directly to the As-
sistant Secretary for Special Education and Rehabilitative
Services.
‘‘(c) VOLUNTARY AND UNCOMPENSATED SERVICES.—
Notwithstanding 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 title.
‘‘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 title.
‘‘(b) REMEDIES.—In a suit against a State for a viola-
tion of this title, remedies (including remedies both at law
and in equity) are available for such a violation to the same
extent as such remedies are available for such a violation
in the suit against any public entity other than a State.
‘‘(c) EFFECTIVE DATE.—The provisions of subsections
(a) and (b) apply with respect to violations that occur in
whole or part after the date of the enactment of the Edu-
cation of the Handicapped Act Amendments of 1990.
‘‘SEC. 605. REQUIREMENTS FOR PRESCRIBING REGULA-
TIONS.
‘‘(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 title
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 title which would
procedurally or substantively lessen the protections pro-
vided to children with disabilities under this title, as em-
bodied 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, timeliness, attend-
ance of evaluation personnel at individualized education
program meetings, or qualifications of personnel), except to
the extent that such regulation reflects the clear and un-
equivocal intent of the Congress in legislation.
‘‘(c) CORRESPONDENCE FROM DEPARTMENT OF EDU-
CATION 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 var-
ious additional forms of communication, a list of cor-
respondence from the Department of Education re-
ceived by individuals during the previous quarter
that describes the interpretations of the Department of
Education 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 correspondence and shall include such other sum-
mary information as the Secretary determines to be
appropriate.
‘‘(3) RESTRICTIONS
ON
USE
OF
CORRESPOND-
ENCE.—
‘‘(A) IN GENERAL.—Except as provided in
subparagraph (B), an item of correspondence
published and disseminated under paragraph (1)
may not be used in the following:
‘‘(i) An administrative or due process
action commenced under section 615.
‘‘(ii) A compliance review or other ac-
tion relating to a State educational agency
conducted by the Department of Education.
‘‘(iii) A compliance review or other ac-
tion relating to a local educational agency
or other agency conducted by a State edu-
cational agency.
‘‘(B) EXCEPTIONS.—A restriction on the use
of an item of correspondence under subpara-
graph (A) shall not apply if the item of cor-
respondence—
‘‘(i) is directly related to the particular
fact situation, practice, or policy at issue
under clause (i) or (iii) of subparagraph
(A);
‘‘(ii)(I) was originally directed to one
of the parties to the action under subpara-
graph (A)(i); or
‘‘(II) was originally directed to the
particular local educational agency or other
agency under subparagraph (A)(iii); or
‘‘(iii) was originally directed to the
particular State educational agency under
subparagraph (A)(ii).
‘‘SEC. 606. EMPLOYMENT OF INDIVIDUALS WITH DISABIL-
ITIES.
‘‘The Secretary shall assure that each recipient of as-
sistance under this Act shall make positive efforts to employ
and advance in employment qualified individuals with dis-
abilities in programs assisted under this Act.
‘‘PART B—ASSISTANCE FOR EDUCATION OF ALL
CHILDREN WITH DISABILITIES
‘‘SEC. 611. AUTHORIZATION; ALLOTMENT; USE OF FUNDS;
AUTHORIZATION OF APPROPRIATIONS.
‘‘(a) AUTHORIZATION.—The Secretary of Education
shall provide grants to States and provide amounts to the
Secretary of the Interior for the purpose of providing spe-
cial education and related services to children with disabil-
ities in accordance with this part.
‘‘(b) ALLOTMENT AMONG STATES.—
‘‘(1) RESERVATION FOR THE TERRITORIES.—
‘‘(A) IN GENERAL.—Of the amount appro-
priated pursuant to subsection (e) to carry out
this part for a fiscal year, the Secretary shall
allot not more than one percent among the terri-
tories in accordance with this paragraph.
‘‘(B) BASIS
FOR
ALLOTMENT.—The Sec-
retary shall allot to each territory an amount
that bears the same proportion to the amount
appropriated pursuant to subsection (e) for a fis-
cal year as the number of individuals aged 3 to
21, inclusive, residing in such territory bears to
the aggregate number of such individuals resid-
ing in all such territories.
‘‘(C) PROHIBITION ON CONSOLIDATION OF
GRANTS.—The provisions of section 501 of Public
Law 95–134 (48 U.S.C. 1469a; relating to the
consolidation of one or more grants provided to
certain territories) shall not apply with respect
to amounts provided to a territory under a grant
under this part.
‘‘(2) SECRETARY
OF
THE
INTERIOR.—Of the
amount appropriated pursuant to subsection (e) to
carry out this part for a fiscal year, the Secretary
shall provide to the Secretary of the Interior an
amount equal to 1.226 percent to carry out subsection
(d) (relating to special education and related services
for Indian children with disabilities).
‘‘(3) STATES.—
‘‘(A) IN GENERAL.—After determining the
amount to be allotted to the territories under
paragraph (1) and the amount to be provided to
the Secretary of the Interior under paragraph
(2) for a fiscal year, the Secretary shall allot the
remaining amount to the remaining States in
accordance with this paragraph.
‘‘(B) BASIS
FOR
ALLOTMENT.—Except as
provided in subparagraph (D), the Secretary
shall allot to each State an amount equal to the
sum of the following amounts:
‘‘(i) The amount equal to—
‘‘(I) 85 percent of the remaining
amount described in subparagraph (A);
multiplied by
‘‘(II) the child population percent-
age of the State (as determined under
subparagraph (C)(i)).
‘‘(ii) The amount equal to—
‘‘(I) 15 percent of the remaining
amount described in subparagraph (A);
multiplied by
‘‘(II) the child poverty percentage
of the State (as determined under sub-
paragraph (C)(ii)).
‘‘(C) DETERMINATION
OF
CHILD
POPU-
LATION PERCENTAGE AND CHILD POVERTY PER-
CENTAGE.—
‘‘(i) CHILD
POPULATION
PERCENT-
AGE.—The 
child 
population 
percentage
shall be determined by comparing—
‘‘(I) the number of children aged 3
to 21, inclusive, in the State who are
of the same age as children with dis-
abilities for whom the State ensures the
availability of a free appropriate pub-
lic education; to
‘‘(II) the number of such children
in all States.
‘‘(ii) CHILD POVERTY PERCENTAGE.—
The child poverty percentage shall be deter-
mined by comparing—
‘‘(I) the number of children aged 3
to 21, inclusive, in the State living in
poverty who are of the same age as
children with disabilities for whom the
State ensures the availability of a free
appropriate public education; to
‘‘(II) the number of such children
in all States.
‘‘(D) TRANSITION FORMULA.—For each of
the fiscal years 1997 through 2005, the Secretary
shall allot the remaining amount to the remain-
ing States in accordance with the following:
‘‘(i) FISCAL
YEAR
1997.—For fiscal
year 1997, the Secretary shall allot to each
remaining State the sum of—
‘‘(I) 10 percent multiplied by the
amount determined for such State
under subparagraph (B); and
‘‘(II) 90 percent multiplied by the
amount determined for such State
under subparagraph (E).
‘‘(ii) FISCAL
YEAR
1998.—For fiscal
year 1998, the Secretary shall allot to each
remaining State the sum of—
‘‘(I) 20 percent multiplied by the
amount determined for such State
under subparagraph (B); and
‘‘(II) 80 percent multiplied by the
amount determined for such State
under subparagraph (E).
‘‘(iii) FISCAL
YEAR
1999.—For fiscal
year 1999, the Secretary shall allot to each
remaining State the sum of—
‘‘(I) 30 percent multiplied by the
amount determined for such State
under subparagraph (B); and
‘‘(II) 70 percent multiplied by the
amount determined for such State
under subparagraph (E).
‘‘(iv) FISCAL
YEAR
2000.—For fiscal
year 2000, the Secretary shall allot to each
remaining State the sum of—
‘‘(I) 40 percent multiplied by the
amount determined for such State
under subparagraph (B); and
‘‘(II) 60 percent multiplied by the
amount determined for such State
under subparagraph (E).
‘‘(v) FISCAL
YEAR
2001.—For fiscal
year 2001, the Secretary shall allot to each
remaining State the sum of—
‘‘(I) 50 percent multiplied by the
amount determined for such State
under subparagraph (B); and
‘‘(II) 50 percent multiplied by the
amount determined for such State
under subparagraph (E).
‘‘(vi) FISCAL
YEAR
2002.—For fiscal
year 2002, the Secretary shall allot to each
remaining State the sum of—
‘‘(I) 60 percent multiplied by the
amount determined for such State
under subparagraph (B); and
‘‘(II) 40 percent multiplied by the
amount determined for such State
under subparagraph (E).
‘‘(vii) FISCAL YEAR 2003.—For fiscal
year 2003, the Secretary shall allot to each
remaining State the sum of—
‘‘(I) 70 percent multiplied by the
amount determined for such State
under subparagraph (B); and
‘‘(II) 30 percent multiplied by the
amount determined for such State
under subparagraph (E).
‘‘(viii) FISCAL YEAR 2004.—For fiscal
year 2004, the Secretary shall allot to each
remaining State the sum of—
‘‘(I) 80 percent multiplied by the
amount determined for such State
under subparagraph (B); and
‘‘(II) 20 percent multiplied by the
amount determined for such State
under subparagraph (E).
‘‘(ix) FISCAL
YEAR
2005.—For fiscal
year 2005, the Secretary shall allot to each
remaining State the sum of—
‘‘(I) 90 percent multiplied by the
amount determined for such State
under subparagraph (B); and
‘‘(II) 10 percent multiplied by the
amount determined for such State
under subparagraph (E).
‘‘(E) BASE AMOUNT FOR 1996.—
‘‘(i) IN
GENERAL.—Subject to clause
(ii), the amount determined under this sub-
paragraph for a State is the amount that
bears the same proportion to the remaining
amount (described in subparagraph (A)) for
the fiscal year under subparagraph (D) as
the amount received by the State under this
section for fiscal year 1996 bears to the ag-
gregate of the amounts received by the re-
maining States (described in subparagraph
(A)) under this section for fiscal year 1996.
‘‘(ii) REDUCTION IN AMOUNT.—If the
State received an amount under this section
for fiscal year 1996 on the basis of children
aged 3 to 5, inclusive, in such State, but the
State does not make a free appropriate pub-
lic education available to all children with
disabilities aged 3 to 5, inclusive, in the
State at the time a determination is made
under subparagraph (C), the Secretary shall
reduce, on a proportional basis, the amount
under clause (i) for purposes of allotting
amounts under such subparagraph.
‘‘(F) MINIMUM
ALLOTMENT.—For fiscal
year 1997 and each subsequent fiscal year, the
amount allotted to each remaining State (de-
scribed in subparagraph (A)) shall not be less
than an amount equal to one-third of one percent
of the remaining amount (described in subpara-
graph (A)) for the fiscal year.
‘‘(G) MAXIMUM ALLOTMENT.—
‘‘(i) IN
GENERAL.—For fiscal year
1997 and each subsequent fiscal year, the
amount allotted to each remaining State
(described in subparagraph (A)) under this
paragraph shall not be more than an
amount equal to
‘‘(I) the sum of—
‘‘(aa) the number of children
with disabilities in the State, aged
6 through 21, who are receiving
special 
education 
and 
related
services, 
as 
determined 
under
clause (ii); and
‘‘(bb) if the State is eligible
for a grant under section 619, the
number of such children in the
State, aged 3 through 5; multi-
plied by
‘‘(II) 40 percent of the average
per-pupil expenditure in public ele-
mentary and secondary schools in the
United States.
‘‘(ii) DETERMINATION OF NUMBER OF
CHILDREN.—The number of children with
disabilities receiving special education and
related services in any fiscal year shall be
equal to the number of such children receiv-
ing special education and related services
on December 1 of the fiscal year preceding
the fiscal year for which the determination
is made.
‘‘(iii) AVERAGE PER PUPIL EXPENDI-
TURE.—For purposes of clause (i)(II), the
term ‘average per pupil expenditure’, in the
United States, means the aggregate current
expenditures, during the second fiscal year
preceding the fiscal year for which the com-
putation is made (or, if satisfactory data
for such year are not available at the time
of computation, then during the most recent
preceding fiscal year for which satisfactory
data are available) of all local educational
agencies in the United States (which, for
purposes of this subparagraph, means the
fifty States and the District of Columbia),
as the case may be, plus any direct expendi-
tures by the State for operation of such
agencies (without regard to the source of
funds from which either of such expendi-
tures are made), divided by the aggregate
number of children in average daily attend-
ance to whom such agencies provided free
public education during such preceding
year.
‘‘(4) SPECIAL RULE WITH RESPECT TO PUERTO
RICO.—
‘‘(A) IN
GENERAL.—Notwithstanding any
other provision of this subsection, the amount al-
lotted to Puerto Rico for a fiscal year shall bear
the same or lower proportion to the remaining
amount (described in paragraph (3)(A)) as the
amount received by Puerto Rico under this sec-
tion for fiscal year 1996 bears to the aggregate
of the amounts received by the remaining States
(as described in paragraph (3)(A)) under this
section for fiscal year 1996.
‘‘(B) ADJUSTMENT IN AMOUNTS TO REMAIN-
ING STATES.—If the amount allotted to Puerto
Rico for a fiscal year is determined under sub-
paragraph (A), the Secretary shall reallot to the
remaining States (as described in paragraph
(3)(A)), on a proportional basis, any amount not
otherwise allotted to Puerto Rico.
‘‘(5) USE OF MOST RECENT POPULATION DATA.—
For the purpose of providing grants under this part,
the Secretary shall use the most recent population
data and data on children aged 3 to 21, inclusive, liv-
ing in poverty that are available and satisfactory to
the Secretary.
‘‘(c) USE OF FUNDS BY STATE.—
‘‘(1) RESERVATION FOR STATE ACTIVITIES.—
‘‘(A) IN
GENERAL.—Subject to subpara-
graph (D), a State may reserve not more than
25 percent of the amount allotted to the State
under paragraph (1) or (3) of subsection (b) for
a fiscal year for administration and other State-
level activities in accordance with subparagraphs
(B) and (C).
‘‘(B) STATE ADMINISTRATION.—