167
‘‘(4) to supplement other funds used to develop 
and implement a Statewide coordinated services sys-
tem designed to improve results for children and 
families, including children with disabilities and their 
families, but not to exceed one percent of the 
amount received by the State under this section for 
a fiscal year. 
‘‘(g) SUBGRANTS TO LOCAL EDUCATIONAL AGEN-
CIES.—
‘‘(1) SUBGRANTS REQUIRED.—Each State that 
receives a grant under this section for any fiscal 
year shall distribute all of the grant funds that it 
does not reserve under subsection (d) to local edu-
cational agencies in the State that have established 
their eligibility under section 613, as follows: 
‘‘(A) BASE
PAYMENTS.—The State shall 
first award each agency described in paragraph 
(1) the amount that agency would have received 
under this section for fiscal year 1997 if the 
State had distributed 75 percent of its grant for 
that year under section 619(c)(3), as then in ef-
fect. 
‘‘(B) 
ALLOCATION
OF
REMAINING 
FUNDS.—After making allocations under sub-
paragraph (A), the State shall—
168
‘‘(i) allocate 85 percent of any re-
maining funds to those agencies on the 
basis of the relative numbers of children 
enrolled in public and private elementary 
and secondary schools within the agency’s 
jurisdiction; and 
‘‘(ii) allocate 15 percent of those re-
maining funds to those agencies in accord-
ance with their relative numbers of chil-
dren living in poverty, as determined by 
the State educational agency. 
‘‘(2) REALLOCATION
OF
FUNDS.—If a State 
educational agency determines that a local edu-
cational agency is adequately providing a free appro-
priate public education to all children with disabil-
ities aged 3 through 5 residing in the area served by 
that agency with State and local funds, the State 
educational agency may reallocate any portion of the 
funds under this section that are not needed by that 
local agency to provide a free appropriate public 
education to other local educational agencies in the 
State that are not adequately providing special edu-
cation and related services to all children with dis-
abilities aged 3 through 5 residing in the areas they 
serve.
169
‘‘(h) 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. 
‘‘(i) DEFINITION.—For the purpose of this section, 
the term ‘State’ means each of the 50 States, the District 
of Columbia, and the Commonwealth of Puerto Rico. 
‘‘(j) AUTHORIZATION OF APPROPRIATIONS.—For the 
purpose of carrying out this section, there are authorized 
to be appropriated to the Secretary such sums as may be 
necessary for each of the fiscal years 2004 through 
2008.’’. 
TITLE III—INFANTS AND 
TODDLERS WITH DISABILITIES 
SEC. 301. SECTIONS 631 THROUGH 638 OF THE INDIVIDUALS 
WITH DISABILITIES EDUCATION ACT. 
Sections 631 through 638 of the Individuals with 
Disabilities Education Act (20 U.S.C. 1431–1438) are 
amended to read as follows: 
‘‘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;
170
‘‘(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 
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 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 that provides early intervention serv-
ices for infants and toddlers with disabilities and 
their families; 
‘‘(2) to facilitate the coordination of payment 
for early intervention services from Federal, State,
171
local, and private sources (including public and pri-
vate insurance coverage); 
‘‘(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; and 
‘‘(4) to encourage States to expand opportuni-
ties for children under 3 years of age who would be 
at risk of having substantial developmental delay if 
they did not receive early intervention services. 
‘‘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).
172
‘‘(4) EARLY
INTERVENTION
SERVICES.—The 
term ‘early intervention services’ means develop-
mental services that—
‘‘(A) are provided under public supervision; 
‘‘(B) are provided at no cost except where 
Federal or State law provides for a system of 
payments by families, including a schedule of 
sliding fees; 
‘‘(C) are designed to address family-identi-
fied priorities and concerns that are determined 
by individualized family service plan team to re-
late to enhancing the child’s development 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;
173
‘‘(ii) special instruction; 
‘‘(iii) speech-language pathology and 
audiology services; 
‘‘(iv) occupational therapy; 
‘‘(v) physical therapy; 
‘‘(vi) psychological services; 
‘‘(vii) service coordination services; 
‘‘(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—
174
‘‘(i) special educators; 
‘‘(ii) speech-language pathologists and 
audiologists; 
‘‘(iii) occupational therapists; 
‘‘(iv) physical therapists; 
‘‘(v) psychologists; 
‘‘(vi) social workers; 
‘‘(vii) nurses; 
‘‘(viii) registered dietitians; 
‘‘(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
DIS-
ABILITY.—The term ‘infant or toddler with a dis-
ability ’—
175
‘‘(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-
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 allotments 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.
176
‘‘SEC. 634. ELIGIBILITY. 
‘‘In order to be eligible for a grant under section 633, 
a State shall provide assurances 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 
‘‘(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 State policy that is in effect and that 
ensures that appropriate early intervention services 
based on scientifically based research are available to 
all infants and toddlers with disabilities and their 
families, including Indian infants and toddlers and 
their families residing on a reservation geographi-
cally located in the State.
177
‘‘(3) A timely, comprehensive, multidisciplinary 
evaluation of the functioning of each infant or tod-
dler with a disability in the State, and a family-di-
rected identification of the needs of each family of 
such an infant or toddler, to appropriately assist in 
the development of the infant or toddler. 
‘‘(4) 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. 
‘‘(5) 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. 
‘‘(6) 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 (10) 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
178
which such sources disseminate such information to 
parents of infants and toddlers. 
‘‘(7) A central directory that includes informa-
tion on early intervention services, resources, and ex-
perts available in the State and research and dem-
onstration projects being conducted in the State. 
‘‘(8) A comprehensive system of personnel de-
velopment, including the training of paraprofes-
sionals and the training of primary referral sources 
respecting the basic components of early intervention 
services available in the State that—
‘‘(A) shall include—
‘‘(i) implementing innovative strate-
gies and activities for the recruitment and 
retention of early education service pro-
viders; 
‘‘(ii) promoting the preparation of 
early intervention providers who are fully 
and appropriately qualified to provide early 
intervention services under this part; and 
‘‘(iii) training personnel to coordinate 
transition services for infants and toddlers 
served under this part from a program 
providing early intervention services under 
this part and under part B (other than
179
section 619), to a preschool program re-
ceiving funds under section 619, or an-
other appropriate program; and 
‘‘(B) may include—
‘‘(i) training personnel to work in 
rural and inner-city areas; and 
‘‘(ii) training personnel in the emo-
tional and social development of young 
children. 
‘‘(9) Subject to subsection (b), policies and pro-
cedures relating to the establishment and mainte-
nance of standards to ensure that personnel nec-
essary to carry out this part are appropriately and 
adequately prepared and trained, including the es-
tablishment and maintenance of standards that are 
consistent with any State-approved or recognized 
certification, licensing, registration, or other com-
parable requirements that apply to the area in which 
such personnel are providing early intervention serv-
ices. 
‘‘(10) 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-
180
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; 
‘‘(B) the identification and coordination of 
all available resources within the State from 
Federal, State, local, and private sources; 
‘‘(C) the assignment of financial responsi-
bility in accordance with section 637(a)(2) to 
the appropriate agencies; 
‘‘(D) the development of procedures to en-
sure that services are provided to infants and 
toddlers with disabilities and their families 
under this part in a timely manner pending the 
resolution of any disputes among public agen-
cies or service providers; 
‘‘(E) the resolution of intra- and inter-
agency disputes; and 
‘‘(F) the entry into formal interagency 
agreements that define the financial responsi-
bility of each agency for paying for early inter-
vention services (consistent with State law) and 
procedures for resolving disputes and that in-
181
clude all additional components necessary to en-
sure meaningful cooperation and coordination. 
‘‘(11) A policy pertaining to the contracting or 
making of other arrangements with service providers 
to provide early intervention services in the State, 
consistent with the provisions of this part, including 
the contents of the application used and the condi-
tions of the contract or other arrangements. 
‘‘(12) A procedure for securing timely reim-
bursements of funds used under this part in accord-
ance with section 640(a). 
‘‘(13) Procedural safeguards with respect to 
programs under this part, as required by section 
639. 
‘‘(14) A system for compiling data requested by 
the Secretary under section 618 that relates to this 
part. 
‘‘(15) A State interagency coordinating council 
that meets the requirements of section 641. 
‘‘(16) Policies and procedures to ensure that, 
consistent with section 636(d)(5)—
‘‘(A) to the maximum extent appropriate, 
early intervention services are provided in nat-
ural environments; and
182
‘‘(B) the provision of early intervention 
services for any infant or toddler occurs in a 
setting other than a natural environment only 
when early intervention cannot be achieved sat-
isfactorily for the infant or toddler in a natural 
environment. 
‘‘(b) POLICY.—In implementing subsection (a)(9), a 
State may adopt a policy that includes making ongoing 
good-faith efforts to recruit and hire appropriately and 
adequately trained personnel to provide early intervention 
services to infants and toddlers with disabilities, including, 
in a geographic area of the State where there is a shortage 
of such personnel, the most qualified individuals available 
who are making satisfactory progress toward completing 
applicable course work necessary to meet the standards 
described in subsection (a)(9), consistent with State law 
within 3 years. 
‘‘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
183
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 
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), including a 
description of the appropriate transition services for 
the child’s entrance in school. 
‘‘(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 the assessment. 
‘‘(d) CONTENT OF PLAN.—The individualized family 
service plan shall be in writing and contain—
184
‘‘(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; 
‘‘(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 measurable goals ex-
pected to be achieved for the infant or toddler and 
the family, including pre-literacy and language skills, 
and the criteria, procedures, and timelines used to 
determine the degree to which progress toward 
achieving the goals is being made and whether modi-
fications or revisions of the goals or services are nec-
essary; 
‘‘(4) a statement of specific early intervention 
services based on peer-reviewed research necessary 
to meet the unique needs of the infant or toddler 
and the family, including the frequency, intensity, 
and method of delivering services; 
‘‘(5) a statement of the natural environments in 
which early intervention services will appropriately 
be provided, including a justification of the extent,
185
if any, to which the services will not be provided in 
a natural environment; 
‘‘(6) the projected dates for initiation of serv-
ices and the anticipated length, duration, and fre-
quency of the 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 
the implementation of the plan and coordination 
with other agencies and persons, including transition 
services; 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 the par-
ents shall be obtained prior to the provision of early inter-
vention services described in such plan. If the parents do 
not provide consent with respect to a particular early 
intervention service, then only the early intervention serv-
ices to which consent is obtained shall be provided.
186
‘‘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. The 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) a designation of an individual or entity re-
sponsible 
for 
assigning 
financial 
responsibility 
among appropriate agencies; 
‘‘(3) information demonstrating eligibility of the 
State under section 634, including a description of 
services to be provided to infants and toddlers with 
disabilities and their families through the system; 
‘‘(4) if the State provides services to at-risk in-
fants and toddlers through the State-wide system, a 
description of such services; 
‘‘(5) a description of the State policies and pro-
cedures requiring the referral of a child under the 
age 3 who is involved in a substantiated case of child 
abuse or neglect for an evaluation consistent with 
section 635(a)(5). 
‘‘(6) a description of the uses for which funds 
will be expended in accordance with this part;
187
‘‘(7) a description of the procedure used to en-
sure that resources are made available under this 
part for all geographic areas within the State; 
‘‘(8) a description of State policies and proce-
dures that ensure that, prior to the adoption by the 
State of any other policy or procedure necessary to 
meet the requirements of this part, there are public 
hearings, adequate notice of the hearings, and an 
opportunity for comment available to the general 
public, including individuals with disabilities and 
parents of infants and toddlers with disabilities; 
‘‘(9) 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—
‘‘(i) the families of such toddlers will 
be included in the transition plans required 
by subparagraph (C); and 
‘‘(ii) the lead agency designated or es-
tablished under section 635(a)(10) will—
‘‘(I) notify the local educational 
agency for the area in which such a 
child resides that the child will shortly
188
reach the age of eligibility for pre-
school services under part B, as deter-
mined in accordance with State law; 
‘‘(II) in the case of a child who 
may be eligible for such preschool 
services, with the approval of the fam-
ily of the child, convene a conference 
among the lead agency, the family, 
and the local educational agency at 
least 90 days (and at the discretion of 
all such parties, up to 6 months) be-
fore the child is eligible for the pre-
school services, to discuss any such 
services that the child may receive; 
and 
‘‘(III) in the case of a child who 
may not be eligible for such preschool 
services, with the approval of the fam-
ily, make reasonable efforts to con-
vene a conference among the lead 
agency, the family, and providers of 
other appropriate services for children 
who are not eligible for preschool serv-
ices under part B, to discuss the ap-
189
propriate services that the child may 
receive; 
‘‘(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 
‘‘(10) such other information and assurances as 
the Secretary may reasonably require. 
‘‘(b) ASSURANCES.—The application described in 
subsection (a)—
‘‘(1) shall provide satisfactory assurance that 
Federal funds made available under section 643 to 
the State will be expended in accordance with this 
part; 
‘‘(2) shall contain an assurance that the State 
will comply with the requirements of section 640; 
‘‘(3) shall provide satisfactory assurance that 
the control of funds provided under section 643, and 
title to property derived from those funds, will be in 
a public agency for the uses and purposes provided 
in this part and that a public agency will administer 
such funds and property; 
‘‘(4) shall provide for—
‘‘(A) making such reports in such form 
and containing such information as the Sec-
190
retary may require to carry out the Secretary’s 
functions under this part; and 
‘‘(B) keeping such records and affording 
such access to them as the Secretary may find 
necessary to ensure the correctness and 
verification of those reports and proper dis-
bursement of Federal funds under this part; 
‘‘(5) provide satisfactory assurance that Federal 
funds made available under section 643 to the 
State—
‘‘(A) will not be commingled with State 
funds; and 
‘‘(B) will be used so as to supplement the 
level of State and local funds expended for in-
fants and toddlers with disabilities and their 
families and in no case to supplant those State 
and local funds; 
‘‘(6) shall provide satisfactory assurance that 
such fiscal control and fund accounting procedures 
will be adopted as may be necessary to ensure prop-
er disbursement of, and accounting for, Federal 
funds paid under section 643 to the State; 
‘‘(7) shall provide satisfactory assurance that 
policies and procedures have been adopted to ensure 
meaningful involvement of underserved groups, in-
191
cluding minority, low-income, and rural families, in 
the planning and implementation of all the require-
ments of this part; and 
‘‘(8) shall contain 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-
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 this part (as in effect before the date of the 
enactment of the Improving Education Results for Chil-
dren With Disabilities Act of 2003), the Secretary shall 
consider the State to have met the requirement for pur-
poses 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
192
application to the same extent and in the same manner 
as this section applies to the original application. 
‘‘(f) MODIFICATIONS
REQUIRED
BY
THE
SEC-
RETARY.—The Secretary may require a State to modify 
its application under this section, but only to the extent 
necessary to ensure the State’s compliance with this part, 
if—
‘‘(1) an amendment is made to this Act, or a 
Federal regulation issued under this Act; 
‘‘(2) a new interpretation of this Act is made by 
a Federal court or the State’s highest court; or 
‘‘(3) an official finding of noncompliance with 
Federal law or regulations is made with respect to 
the State. 
‘‘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-
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;
193
‘‘(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; and 
‘‘(4) in any State that does not provide services 
for at-risk infants and toddlers under section 
637(a)(4), to strengthen the statewide system by ini-
tiating, expanding, or improving collaborative efforts 
related to at-risk infants and toddlers, including es-
tablishing linkages with appropriate public or private 
community-based organizations, services, and per-
sonnel for the purposes of—
‘‘(A) identifying and evaluating at-risk in-
fants and toddlers; 
‘‘(B) making referrals of the infants and 
toddlers identified and evaluated under sub-
paragraph (A); and 
‘‘(C) conducting periodic follow-up on each 
such referral to determine if the status of the 
infant or toddler involved has changed with re-
spect to the eligibility of the infant or toddler 
for services under this part.’’.
194
SEC. 302. SECTIONS 641 THROUGH 645 OF THE INDIVIDUALS 
WITH DISABILITIES EDUCATION ACT. 
Sections 641 through 645 of the Individuals with 
Disabilities Education Act (20 U.S.C. 1441–1445) are 
amended to read as follows: 
‘‘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 
designated under section 635(a)(10) may not serve 
as the chairperson of the council. 
‘‘(b) COMPOSITION.—
‘‘(1) IN GENERAL.—The council shall be com-
posed as follows:
195
‘‘(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-
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.
196
‘‘(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 HEALTH INSURANCE.—
At least one member shall be from the agency 
responsible for the State governance of health 
insurance. 
‘‘(H) HEAD START AGENCY.—At least one 
representative from a Head Start agency or 
program in the State. 
‘‘(I) CHILD CARE AGENCY.—At least one 
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 BIA-
funded school, from the Indian Health Service or the 
tribe or tribal council. 
‘‘(c) MEETINGS.—The council shall meet at least 
quarterly and in such places as it deems necessary. The
197
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 the 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 cler-
ical 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(a)(10) 
in the performance of the responsibilities set 
forth in such section, particularly the identifica-
tion of the sources of fiscal and other support 
for services for early intervention programs, as-
signment of financial responsibility to the ap-
198
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 preschool and other ap-
propriate services; 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 from birth through age 
5. The council may advise appropriate agencies in 
the State with respect to the integration of services 
for infants and toddlers with disabilities and at-risk 
infants and toddlers and their families, regardless of 
whether at-risk infants and toddlers are eligible for 
early intervention services in the State.
200
‘‘(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-
ments to Guam, American Samoa, the Virgin Is-
lands, and the Commonwealth of the Northern Mar-
iana 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 outlying areas, 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 shall be 1.25 percent of
201
the aggregate of the amount available to all States 
under this part for such fiscal year. 
‘‘(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 number of such children served 
by all tribes, tribal organizations, or consortia. 
‘‘(3) INFORMATION.—To receive a payment 
under this subsection, the tribe, tribal organization, 
or consortium shall submit such information to the 
Secretary of the Interior as is needed to determine 
the amounts to be distributed under paragraph (2). 
‘‘(4) USE OF FUNDS.—The funds received by a 
tribe, tribal organization, or consortium shall be 
used to assist States in child find, screening, and 
other procedures for the early identification of In-
dian children under 3 years of age and for parent 
training. Such funds may also be used to provide 
early intervention services in accordance with this 
part. Such activities may be carried out directly or 
through contracts or cooperative agreements with 
the BIA, local educational agencies, and other public
202
or private nonprofit organizations. The tribe, tribal 
organization, or consortium is encouraged to involve 
Indian parents in the development and implementa-
tion of these activities. The above entities shall, as 
appropriate, make referrals to local, State, or Fed-
eral entities for the provision of services or further 
diagnosis. 
‘‘(5) REPORTS.—To be eligible to receive a 
grant under paragraph (2), a tribe, tribal organiza-
tion, or consortium shall make an annual 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 year following the year 
in which the report is made. The Secretary of the 
Interior shall include a summary of this information 
on an annual basis to the Secretary of Education 
along with such other information as required under 
section 611(i)(3)(E). The Secretary of Education 
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
203
Secretary of the Interior for administrative pur-
poses, including child count, and the provision of 
technical assistance. 
‘‘(c) STATE ALLOTMENTS.—
‘‘(1) IN GENERAL.—Except as provided in para-
graphs (2) and (3) from the funds remaining for 
each fiscal year after the reservation and payments 
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 paragraph (3) no State shall receive 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) 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 
States are eligible to receive under this sub-
section for such year, the Secretary shall rat-
204
ably reduce the allotments to such States for 
such year. 
‘‘(B) ADDITIONAL
FUNDS.—If additional 
funds become available for making payments 
under this subsection for a fiscal year, allot-
ments that were reduced under subparagraph 
(A) shall be increased on the same basis they 
were reduced. 
‘‘(4) 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 $447,000,000 for fiscal year 
2004 and such sums as may be necessary for each of the 
fiscal years 2005 through 2009.’’.
205
TITLE IV—NATIONAL ACTIVITIES 
TO IMPROVE EDUCATION OF 
CHILDREN 
WITH 
DISABIL-
ITIES 
SEC. 401. NATIONAL ACTIVITIES TO IMPROVE EDUCATION 
OF CHILDREN WITH DISABILITIES. 
Part D of the Individuals with Disabilities Education 
Act (20 U.S.C. 1451 et seq.) is amended to read as fol-
lows:
‘‘PART D—NATIONAL ACTIVITIES TO IMPROVE 
EDUCATION OF CHILDREN WITH DISABILITIES 
‘‘SEC. 651. FINDINGS. 
‘‘The Congress finds the following: 
‘‘(1) The Federal Government has an ongoing 
obligation to support activities that contribute to 
positive results for children with disabilities, ena-
bling them to lead productive and independent adult 
lives. 
‘‘(2) Systemic change benefiting all students, 
including children with disabilities, requires the in-
volvement of States, local educational agencies, par-
ents, individuals with disabilities and their families, 
teachers and other service providers, and other inter-
ested individuals and organizations, to develop and
206
implement comprehensive strategies that improve 
educational results for children with disabilities. 
‘‘(3) State educational agencies, in partnership 
with local educational agencies, parents of children 
with disabilities, and other individuals and organiza-
tions, are in the best position to improve education 
for children with disabilities and to address their 
special needs. 
‘‘(4) An effective educational system serving 
students with disabilities should—
‘‘(A) maintain high academic standards 
and clear achievement goals for children, con-
sistent with the standards and expectations for 
all students in the educational system, and pro-
vide for appropriate and effective strategies and 
methods to ensure that all children with disabil-
ities have the opportunity to achieve those 
standards and goals; 
‘‘(B) clearly define, in objective, measur-
able terms, the school and post-school results 
that children with disabilities are expected to 
achieve; and 
‘‘(C) promote transition services, as de-
scribed in section 602(31), and coordinate State 
and local education, social, health, mental
207
health, and other services, to address the full 
range of student needs, particularly the needs 
of children with disabilities who require signifi-
cant levels of support to participate and learn 
in school and the community. 
‘‘(5) The availability of an adequate number of 
qualified personnel is critical in order to serve effec-
tively children with disabilities, assume leadership 
positions in administrative and direct-service, pro-
vide teacher training, and conduct high-quality re-
search to improve special education. 
‘‘(6) High-quality, comprehensive professional 
development programs are essential to ensure that 
the persons responsible for the education or transi-
tion of children with disabilities possess the skills 
and knowledge necessary to address the educational 
and related needs of those children. 
‘‘(7) Models of professional development should 
be scientifically based and reflect successful prac-
tices, including strategies for recruiting, preparing, 
and retaining personnel. 
‘‘(8) Continued support is essential for the de-
velopment and maintenance of a coordinated and 
high-quality program of research to inform success-
208
ful teaching practices and model curricula for edu-
cating children with disabilities. 
‘‘(9) A comprehensive research agenda should 
be established and pursued to promote the highest 
quality and rigor in special education research, and 
to address the full range of issues facing children 
with disabilities, parents of children with disabilities, 
school personnel, and others. 
‘‘(10) Technical assistance, support, and dis-
semination activities are necessary to ensure that 
parts B and C are fully implemented and achieve 
quality early intervention, educational, and transi-
tional results for children with disabilities and their 
families. 
‘‘(11) Parents, teachers, administrators, and re-
lated services personnel need technical assistance 
and information in a timely, coordinated, and acces-
sible manner in order to improve early intervention, 
educational, and transitional services and results at 
the State and local levels for children with disabil-
ities and their families. 
‘‘(12) Parent and community training and in-
formation activities assist parents of a child with a 
disability in dealing with the multiple pressures of
209
parenting such a child and are of particular impor-
tance in—
‘‘(A) creating and preserving constructive 
relationships between parents of children with 
disabilities and schools by facilitating open com-
munication between such parents and schools, 
encouraging dispute resolution at the earliest 
point in time possible, and discouraging the es-
calation of an adversarial process between such 
parents and schools; 
‘‘(B) ensuring the involvement of such par-
ents in planning and decision-making with re-
spect to early intervention, educational, and 
transitional services; 
‘‘(C) achieving high-quality early interven-
tion, educational, and transitional results for 
children with disabilities; 
‘‘(D) providing such parents information 
on their rights, protections, and responsibilities 
under this Act to ensure improved early inter-
vention, educational, and transitional results for 
children with disabilities; 
‘‘(E) assisting such parents in the develop-
ment of skills to participate effectively in the
210
education and development of their children and 
in the transitions described in section 602(31); 
‘‘(F) supporting the roles of such parents 
as participants within partnerships seeking to 
improve early intervention, educational, and 
transitional services and results for children 
with disabilities and their families; and 
‘‘(G) supporting those parents who may 
have limited access to services and supports due 
to economic, cultural, or linguistic barriers. 
‘‘(13) Support is needed to improve techno-
logical resources and integrate technology into the 
lives of children with disabilities, parents of children 
with disabilities, school personnel, and others 
through curricula, services, and assistive tech-
nologies. 
‘‘Subpart 1—State Professional Development Grants 
‘‘SEC. 652. PURPOSE. 
‘‘The purpose of this subpart is to assist State edu-
cational agencies in reforming and improving their sys-
tems for professional development in early intervention, 
educational, and transition services in order to improve re-
sults for children with disabilities.
211
‘‘SEC. 653. ELIGIBILITY AND COLLABORATIVE PROCESS. 
‘‘(a) ELIGIBLE APPLICANTS.—A State educational 
agency may apply for a grant under this subpart for a 
grant period of not less than 1 year and not more than 
5 years. 
‘‘(b) PARTNERS.—
‘‘(1) REQUIRED
PARTNERS.—In order to be 
considered for a grant under this subpart, a State 
educational agency shall enter into a partnership 
agreement with local educational agencies and other 
State agencies involved in, or concerned with, the 
education of children with disabilities. 
‘‘(2) OPTIONAL
PARTNERS.—In addition, a 
State educational agency may enter into a partner-
ship agreement with any of the following: 
‘‘(A) The Governor. 
‘‘(B) Parents of children with disabilities 
ages birth through 21. 
‘‘(C) Parents of nondisabled children ages 
birth through 21. 
‘‘(D) Individuals with disabilities. 
‘‘(E) Organizations representing individ-
uals with disabilities and their parents, such as 
parent and community training and information 
centers.
212
‘‘(F) Community-based and other non-
profit organizations involved in the education 
and employment of individuals with disabilities. 
‘‘(G) The lead State agency for part C. 
‘‘(H) General and special education teach-
ers, and early intervention personnel. 
‘‘(I) The State advisory panel established 
under part C. 
‘‘(J) The State interagency coordinating 
council established under part C. 
‘‘(K) Institutions of higher education with-
in the State. 
‘‘(L) Individuals knowledgeable about voca-
tional education. 
‘‘(M) The State agency for higher edu-
cation. 
‘‘(O) The State vocational rehabilitation 
agency. 
‘‘(P) Public agencies with jurisdiction in 
the areas of health, mental health, social serv-
ices, and juvenile justice. 
‘‘(Q) Other providers of professional devel-
opment that work with students with disabil-
ities. 
‘‘(R) Other individuals.
213
‘‘SEC. 654. APPLICATIONS. 
‘‘(a) IN GENERAL.—
‘‘(1) SUBMISSION.—A State educational agency 
that desires to receive a grant under this subpart 
shall submit to the Secretary an application at such 
time, in such manner, and including such informa-
tion as the Secretary may require. 
‘‘(2) STATE PLAN.—The application shall in-
clude a plan that addresses the State and local 
needs for the professional development of adminis-
trators, principals, teachers, and individuals who 
provide direct supplementary aids and services to 
children with disabilities, and that—
‘‘(A) is integrated, to the maximum extent 
possible, with State plans under the Elementary 
and Secondary Education Act of 1965, the Re-
habilitation Act of 1973, and the Higher Edu-
cation Act of 1965, as appropriate; and 
‘‘(B) is designed to enable the State to 
meet the requirements of section 612(a)(15) of 
this Act. 
‘‘(b) ELEMENTS OF STATE PLAN.—Each State plan 
shall—
‘‘(1) describe a partnership agreement that—
‘‘(A) specifies—
214
‘‘(i) the nature and extent of the part-
nership among the State educational agen-
cy, local educational agencies, and other 
State agencies involved in, or concerned 
with, the education of children with disabil-
ities, and the respective roles of each mem-
ber of the partnership; and 
‘‘(ii) how such agencies will work in 
partnership with other persons and organi-
zations involved in, and concerned with, 
the education of children with disabilities, 
including the respective roles of each of 
these persons and organizations; and 
‘‘(B) is in effect for the period of the 
grant; 
‘‘(2) describe how grant funds, including part B 
funds retained for use at the State level under sec-
tions 611(f) and 619(d), and other Federal funds 
will be used to support activities conducted under 
this section; 
‘‘(3) describe the strategies the State will use to 
implement the plan to improve results for children 
with disabilities, including—
‘‘(A) how the State will align its profes-
sional development plan with the plans sub-
215
mitted by the State under sections 1115 and 
2112 of the Elementary and Secondary Edu-
cation Act of 1965; 
‘‘(B) how the State will provide technical 
assistance to local educational agencies and 
schools to improve the quality of professional 
development available to meet the needs of per-
sonnel that serve children with disabilities; 
‘‘(C) how the State will assess, on a reg-
ular basis, the extent to which the strategies 
implemented under this subpart have been ef-
fective in meeting the achievement goals and in-
dicators in section 612(a)(16); 
‘‘(4) describe, as appropriate, how the strate-
gies described in paragraph (3) will be coordinated 
with public and private sector resources; and 
‘‘(5) include an assurance that the State will 
use funds received under this subpart to carry out 
each of the activities specified in the plan. 
‘‘(c) COMPETITIVE AWARDS.—
‘‘(1) IN GENERAL.—The Secretary shall make 
grants under this subpart on a competitive basis. 
‘‘(2) PRIORITY.—The Secretary may give pri-
ority to applications on the basis of need. 
‘‘(d) PEER REVIEW.—
216
‘‘(1) IN GENERAL.—The Secretary shall evalu-
ate applications under this subpart using a panel of 
experts who are qualified by virtue of their training, 
expertise, or experience. 
‘‘(2) COMPOSITION OF PANEL.—A majority of a 
panel described in paragraph (1) shall be composed 
of individuals who are not employees of the Federal 
Government. 
‘‘(3) PAYMENT
OF
FEES
AND
EXPENSES
OF 
CERTAIN MEMBERS.—The Secretary may use avail-
able funds appropriated to carry out this subpart to 
pay the expenses and fees of panel members who are 
not employees of the Federal Government. 
‘‘(e) REPORTING PROCEDURES.—Each State edu-
cational agency that receives a grant under this subpart 
shall submit annual performance reports to the Secretary. 
The reports shall—
‘‘(1) describe the progress of the State in imple-
menting its plan; 
‘‘(2) analyze the effectiveness of the State’s ac-
tivities under this subpart and of the State’s strate-
gies for meeting its goals under section 612(a)(16); 
and 
‘‘(3) identify any changes in such strategies 
needed to improve its performance.
217
‘‘SEC. 655. USE OF FUNDS. 
‘‘(a) IN GENERAL.—
‘‘(1) ACTIVITIES.—A State educational agency 
that receives a grant under this subpart shall use 
the grant funds, subject to subsection (b), for the 
following: 
‘‘(A) PROFESSIONAL DEVELOPMENT.—
‘‘(i) Carrying out programs that sup-
port the professional development of both 
special education and regular education 
teachers of children with disabilities, such 
as programs that—
‘‘(I) provide teacher mentoring, 
team teaching, reduced class sched-
ules, and intensive professional devel-
opment; and 
‘‘(II) use standards or assess-
ments for guiding beginning teachers 
that are consistent with challenging 
State student academic achievement 
standards and with the requirements 
for professional development activities 
described in section 9101 of the Ele-
mentary and Secondary Education 
Act of 1965.
218
‘‘(ii) Encouraging and supporting the 
training of special education and regular 
education teachers and administrators to 
effectively integrate technology into cur-
ricula and instruction, including training 
to improve the ability to collect, manage, 
and analyze data to improve teaching, deci-
sionmaking, school improvement efforts, 
and accountability. 
‘‘(iii) Providing professional develop-
ment activities that improve the knowledge 
of special education and regular education 
teachers concerning—
‘‘(I) the academic and develop-
mental needs of students with disabil-
ities; and 
‘‘(II) effective instructional strat-
egies, methods, and skills, use of chal-
lenging State academic content stand-
ards and student academic achieve-
ment standards, and use of State as-
sessments, to improve teaching prac-
tices and student academic achieve-
ment.
219
‘‘(iv) Providing professional develop-
ment activities that—
‘‘(I) improve the knowledge of 
special education and regular edu-
cation teachers and principals and, in 
appropriate cases, paraprofessionals, 
concerning 
effective 
instructional 
practices; 
‘‘(II) provide training in how to 
teach and address the needs of stu-
dents with different learning styles; 
‘‘(III) 
involve 
collaborative 
groups of teachers and administra-
tors; 
‘‘(IV) provide training in meth-
ods of—
‘‘(aa) positive behavior inter-
ventions and supports to improve 
student behavior in the class-
room; 
‘‘(bb) 
scientifically 
based 
reading 
instruction, 
including 
early literacy instruction; and
220
‘‘(cc) early and appropriate 
interventions to identify and help 
students with disabilities; 
‘‘(V) provide training to enable 
special education and regular edu-
cation teachers and principals to in-
volve parents in their child’s edu-
cation, especially parents of low in-
come and limited English proficient 
children with disabilities; or 
‘‘(VI) train administrators and 
other relevant school personnel in con-
ducting facilitated individualized edu-
cation program meetings. 
‘‘(v) Developing and implementing ini-
tiatives to promote retention of highly 
qualified special education teachers, includ-
ing programs that provide—
‘‘(I) teacher mentoring from ex-
emplary special education teachers, 
principals, or superintendents; 
‘‘(II) induction and support for 
special education teachers during their 
first 3 years of employment as teach-
ers; or
221
‘‘(III) incentives, including finan-
cial incentives, to retain special edu-
cation teachers who have a record of 
success in helping students with dis-
abilities 
improve 
their 
academic 
achievement. 
‘‘(vi) Carrying out programs and ac-
tivities that are designed to improve the 
quality of the teacher force that serves stu-
dents with disabilities, such as—
‘‘(I) innovative professional devel-
opment programs (which may be pro-
vided through partnerships including 
institutions of higher education), in-
cluding programs that train teachers 
and principals to integrate technology 
into curricula and instruction to im-
prove teaching, learning, and tech-
nology literacy, are consistent with the 
requirements of section 9101 of the 
Elementary and Secondary Assistance 
Act of 1965, and are coordinated with 
activities carried out under this part; 
and
222
‘‘(II) development and use of 
proven, cost-effective strategies for the 
implementation of professional devel-
opment activities, such as through the 
use of technology and distance learn-
ing. 
‘‘(B) STATE ACTIVITIES.—
‘‘(i) Reforming special education and 
regular education teacher certification (in-
cluding recertification) or licensing require-
ments to ensure that—
‘‘(I) special education and reg-
ular education teachers have the 
training and information necessary to 
address the wide variety of needs of 
children with disabilities across dis-
ability categories; 
‘‘(II) special education and reg-
ular education teachers have the nec-
essary subject matter knowledge and 
teaching skills in the academic sub-
jects that the teachers teach; 
‘‘(III) special education and reg-
ular education teacher certification 
(including recertification) or licensing
223
requirements are aligned with chal-
lenging State academic content stand-
ards; and 
‘‘(IV) special education and reg-
ular education teachers have the sub-
ject matter knowledge and teaching 
skills, including technology literacy, 
necessary to help students meet chal-
lenging 
State 
student 
academic 
achievement standards. 
‘‘(ii) Carrying out programs that es-
tablish, expand, or improve alternative 
routes for State certification of special 
education teachers for individuals who 
demonstrate the potential to become highly 
effective special education teachers, such 
as individuals with a baccalaureate or mas-
ter’s degree (including mid-career profes-
sionals from other occupations), para-
professionals, former military personnel, 
and recent college or university graduates 
with records of academic distinction. 
‘‘(iii) Carrying out teacher advance-
ment initiatives for special education 
teachers that promote professional growth
224
and emphasize multiple career paths (such 
as paths to becoming a career teacher, 
mentor teacher, or exemplary teacher) and 
pay differentiation. 
‘‘(iv) Developing and implementing 
mechanisms to assist local educational 
agencies and schools in effectively recruit-
ing and retaining highly qualified special 
education teachers. 
‘‘(v) Reforming tenure systems, imple-
menting teacher testing for subject matter 
knowledge, and implementing teacher test-
ing for State certification or licensing, con-
sistent with title II of the Higher Edu-
cation Act of 1965. 
‘‘(vi) Developing and implementing 
mechanisms to assist schools in effectively 
recruiting and retaining highly qualified 
special education teachers. 
‘‘(vii) Funding projects to promote 
reciprocity of teacher certification or li-
censing between or among States for spe-
cial education teachers, except that no reci-
procity agreement developed under this 
clause or developed using funds provided
225
under this subpart may lead to the weak-
ening of any State teaching certification or 
licensing requirement. 
‘‘(viii) Developing or assisting local 
educational agencies to serve children with 
disabilities through the development and 
use of proven, innovative strategies to de-
liver intensive professional development 
programs that are both cost-effective and 
easily accessible, such as strategies that in-
volve delivery through the use of tech-
nology, peer networks, and distance learn-
ing. 
‘‘(ix) Developing, or assisting local 
educational agencies in developing, merit-
based performance systems, and strategies 
that provide differential and bonus pay for 
special education teachers. 
‘‘(x) Supporting activities that ensure 
that teachers are able to use challenging 
State academic content standards and stu-
dent academic achievement standards, and 
State assessments, to improve instructional 
practices 
and 
improve 
the 
academic 
achievement of children with disabilities.
226
‘‘(xi) Coordinate with, and expand, 
centers established under section 2113(18) 
of the Elementary and Secondary Edu-
cation Act of 1965 to benefit special edu-
cation teachers. 
‘‘(2) CONTRACTS AND SUBGRANTS.—Each such 
State educational agency—
‘‘(A) shall, consistent with its partnership 
agreement under section 653(b), award con-
tracts or subgrants to local educational agen-
cies, institutions of higher education, and par-
ent and community training and information 
centers, as appropriate, to carry out its State 
plan under this subpart; and 
‘‘(B) may award contracts and subgrants 
to other public and private entities, including 
the lead agency under part C, to carry out such 
plan. 
‘‘(b) USE OF FUNDS FOR PROFESSIONAL DEVELOP-
MENT.—A State educational agency that receives a grant 
under this subpart shall use—
‘‘(1) not less than 90 percent of the funds it re-
ceives under the grant for any fiscal year for activi-
ties under subsection (a)(1)(A); and
227
‘‘(2) not more than 10 percent of the funds it 
receives under the grant for any fiscal year for ac-
tivities under subsection (a)(1)(B). 
‘‘(c) GRANTS TO OUTLYING AREAS.—Public Law 95–
134, permitting the consolidation of grants to the outlying 
areas, shall not apply to funds received under this subpart. 
‘‘SEC. 656. STATE GRANT AMOUNTS. 
‘‘(a) IN GENERAL.—The Secretary shall make a 
grant to each State educational agency whose application 
the Secretary has selected for funding under this subpart 
in an amount for each fiscal year that is—
‘‘(1) not less than $500,000, nor more than 
$2,000,000, in the case of the 50 States, the Dis-
trict of Columbia, and the Commonwealth of Puerto 
Rico; and 
‘‘(2) not less than $80,000, in the case of an 
outlying area. 
‘‘(b) FACTORS.—The Secretary shall set the amount 
of each grant under subsection (a) after considering—
‘‘(1) the amount of funds available for making 
the grants; 
‘‘(2) the relative population of the State or out-
lying area; and 
‘‘(3) the types of activities proposed by the 
State or outlying area, including—
228
‘‘(A) the alignment of proposed activities 
with paragraphs (15) and (16) of section 
612(a); 
‘‘(B) the alignment of proposed activities 
with the plans submitted under sections 1111 
and 2112 of the Elementary and Secondary 
Education Act of 1965; and 
‘‘(C) the use, as appropriate, of scientif-
ically-based research. 
‘‘SEC. 657. 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 2004 through 2008. 
Subpart 2—Scientifically Based Research; Technical 
Assistance; Model Demonstration Projects; Dis-
semination of Information; and Personnel Pro-
grams 
‘‘SEC. 661. PURPOSE. 
‘‘The purpose of this subpart is to provide Federal 
funding for scientifically based research, technical assist-
ance, model demonstration projects, information dissemi-
nation, and personnel preparation programs to improve 
early intervention, educational, and transitional results for 
children with disabilities.
229
‘‘SEC. 662. ADMINISTRATIVE PROVISIONS. 
‘‘(a) COMPREHENSIVE PLAN.—
‘‘(1) IN GENERAL.—The Secretary shall develop 
and implement a comprehensive plan for activities 
carried out under this subpart in order to enhance 
the provision of educational, related, transitional, 
and early intervention services to children with dis-
abilities under parts B and C. The plan shall include 
mechanisms to address educational, related services, 
transitional, and early intervention needs identified 
by State educational agencies in applications sub-
mitted under subpart 1. 
‘‘(2) PUBLIC COMMENT.—The Secretary shall 
provide a public comment period of at least 30 days 
on the plan. 
‘‘(3) DISTRIBUTION
OF
FUNDS.—In imple-
menting the plan, the Secretary shall, to the extent 
appropriate, ensure that funds are awarded to re-
cipients under this subpart to carry out activities 
that benefit, directly or indirectly, children with dis-
abilities of all ages. 
‘‘(4) REPORTS TO CONGRESS.—The Secretary 
shall annually report to the Congress on the Sec-
retary’s activities under this subsection, including an 
initial report not later than the date that is 12 
months after the date of the enactment of Improving
230
Education Results for Children With Disabilities Act 
of 2003. 
‘‘(b) ELIGIBLE APPLICANTS.—
‘‘(1) IN GENERAL.—Except as otherwise pro-
vided in this subpart, the following entities are eligi-
ble to apply for a grant, contract, or cooperative 
agreement under this subpart: 
‘‘(A) A State educational agency. 
‘‘(B) A local educational agency. 
‘‘(C) A public charter school that is a local 
educational agency under State law. 
‘‘(D) An institution of higher education. 
‘‘(E) Any other public agency. 
‘‘(F) A private nonprofit organization. 
‘‘(G) An outlying area. 
‘‘(H) An Indian tribe or a tribal organiza-
tion (as defined under section 4 of the Indian 
Self-Determination and Education Assistance 
Act (25 U.S.C. 450b)). 
‘‘(I) A for-profit organization. 
‘‘(2) SPECIAL RULE.—The Secretary may limit 
the entities eligible for an award of a grant, con-
tract, or cooperative agreement to one or more cat-
egories of eligible entities described in paragraph 
(1).
231
‘‘(c) SPECIAL POPULATIONS.—
‘‘(1) APPLICATION REQUIREMENT.—In making 
an award of a grant, contract, or cooperative agree-
ment under this subpart, the Secretary shall, as ap-
propriate, require an applicant to demonstrate how 
the applicant will address the needs of children with 
disabilities from minority backgrounds. 
‘‘(2) REQUIRED OUTREACH AND TECHNICAL AS-
SISTANCE.—Notwithstanding any other provision of 
this Act, the Secretary shall reserve at least one per-
cent of the total amount of funds appropriated to 
carry out this subpart for either or both of the fol-
lowing activities: 
‘‘(A) Providing outreach and technical as-
sistance to historically black colleges and uni-
versities, and to institutions of higher education 
with minority enrollments of at least 25 per-
cent, to promote the participation of such col-
leges, universities, and institutions in activities 
under this subpart. 
‘‘(B) Enabling historically black colleges 
and universities, and the institutions described 
in subparagraph (A), to assist other colleges, 
universities, institutions, and agencies in im-
proving educational and transitional results for
232
children with disabilities, if such grant appli-
cants meet the criteria established by the Sec-
retary under this subpart. 
‘‘(d) PRIORITIES.—The Secretary, in making an 
award of a grant, contract, or cooperative agreement 
under this subpart, may, without regard to the rulemaking 
procedures under section 553 of title 5, United States 
Code, limit competitions to, or otherwise give priority to—
‘‘(1) projects that address one or more—
‘‘(A) age ranges; 
‘‘(B) disabilities; 
‘‘(C) school grades; 
‘‘(D) types of educational placements or 
early intervention environments; 
‘‘(E) types of services; 
‘‘(F) content areas, such as reading; or 
‘‘(G) effective strategies for helping chil-
dren with disabilities learn appropriate behavior 
in the school and other community-based edu-
cational settings; 
‘‘(2) projects that address the needs of children 
based on the severity or incidence of their disability; 
‘‘(3) projects that address the needs of—
‘‘(A) low-achieving students; 
‘‘(B) underserved populations;
233
‘‘(C) children from low-income families; 
‘‘(D) children with limited English pro-
ficiency; 
‘‘(E) unserved and underserved areas; 
‘‘(F) rural or urban areas; 
‘‘(G) children whose behavior interferes 
with their learning and socialization; 
‘‘(H) children with intractable reading dif-
ficulties; and 
‘‘(I) children in public charter schools; 
‘‘(4) projects to reduce inappropriate identifica-
tion of children as children with disabilities, particu-
larly among minority children; and 
‘‘(5) any activity that is expressly authorized in 
this subpart or subpart 3. 
‘‘(e) APPLICANT
AND
RECIPIENT
RESPONSIBIL-
ITIES.—
‘‘(1) DEVELOPMENT
AND
ASSESSMENT
OF 
PROJECTS.—The Secretary shall require that an ap-
plicant for, and a recipient of, a grant, contract, or 
cooperative agreement for a project under this sub-
part—
‘‘(A) involve individuals with disabilities, or 
parents of individuals with disabilities ages
234
birth through 21, in planning, implementing, 
and evaluating the project; and 
‘‘(B) where appropriate, determine whether 
the project has any potential for replication and 
adoption by other entities. 
‘‘(2) 
ADDITIONAL
RESPONSIBILITIES.—The 
Secretary may require a recipient of a grant, con-
tract, or cooperative agreement for a project under 
this subpart—
‘‘(A) to share in the cost of the project; 
‘‘(B) to prepare the research and evalua-
tion findings and products from the project in 
formats that are useful for specific audiences, 
including parents, administrators, teachers, 
early intervention personnel, related services 
personnel, and individuals with disabilities; 
‘‘(C) to disseminate such findings and 
products; and 
‘‘(D) to collaborate with other such recipi-
ents in carrying out subparagraphs (B) and 
(C). 
‘‘(f) APPLICATION MANAGEMENT.—
‘‘(1) STANDING PANEL.—
‘‘(A) IN
GENERAL.—The Secretary shall 
establish and use a standing panel of experts
235
who are qualified, by virtue of their training, 
expertise, or experience, to evaluate applications 
under this subpart that, individually, request 
more than $75,000 per year in Federal finan-
cial assistance. 
‘‘(B) MEMBERSHIP.—The standing panel 
shall include, at a minimum—
‘‘(i) individuals who are representa-
tives of institutions of higher education 
that plan, develop, and carry out high 
quality programs of personnel preparation; 
‘‘(ii) individuals who design and carry 
out scientifically-based research targeted to 
the improvement of special education pro-
grams and services; 
‘‘(iii) individuals who have recognized 
experience and knowledge necessary to in-
tegrate and apply scientifically-based re-
search findings to improve educational and 
transitional results for children with dis-
abilities; 
‘‘(iv) individuals who administer pro-
grams at the State or local level in which 
children with disabilities participate;
236
‘‘(v) individuals who prepare parents 
of children with disabilities to participate 
in making decisions about the education of 
their children; 
‘‘(vi) individuals who establish policies 
that affect the delivery of services to chil-
dren with disabilities; 
‘‘(vii) individuals who are parents of 
children 
with 
disabilities 
ages 
birth 
through 21 who are benefiting, or have 
benefited, from coordinated research, per-
sonnel preparation, and technical assist-
ance; and 
‘‘(viii) individuals with disabilities. 
‘‘(C) TERM.—No individual shall serve on 
the standing panel for more than 3 consecutive 
years. 
‘‘(2) PEER-REVIEW PANELS FOR PARTICULAR 
COMPETITIONS.—
‘‘(A) COMPOSITION.—The Secretary shall 
ensure that each sub-panel selected from the 
standing panel that reviews applications under 
this subpart includes—
237
‘‘(i) individuals with knowledge and 
expertise on the issues addressed by the 
activities authorized by the subpart; and 
‘‘(ii) to the extent practicable, parents 
of children with disabilities ages birth 
through 21, individuals with disabilities, 
and persons from diverse backgrounds. 
‘‘(B) 
FEDERAL
EMPLOYMENT
LIMITA-
TION.—A majority of the individuals on each 
sub-panel that reviews an application under this 
subpart shall be individuals who are not em-
ployees of the Federal Government. 
‘‘(3) USE OF DISCRETIONARY FUNDS FOR AD-
MINISTRATIVE PURPOSES.—
‘‘(A) EXPENSES AND FEES OF NON-FED-
ERAL
PANEL
MEMBERS.—The Secretary may 
use funds available under this subpart to pay 
the expenses and fees of the panel members 
who are not officers or employees of the Fed-
eral Government. 
‘‘(B) 
ADMINISTRATIVE
SUPPORT.—The 
Secretary may use not more than 1 percent of 
the funds appropriated to carry out this sub-
part to pay non-Federal entities for administra-
238
tive support related to management of applica-
tions submitted under this subpart. 
‘‘(g) PROGRAM EVALUATION.—The Secretary may 
use funds appropriated to carry out this subpart to evalu-
ate activities carried out under the subpart. 
‘‘(h) MINIMUM FUNDING REQUIRED.—
‘‘(1) IN GENERAL.—Subject to paragraph (2), 
the Secretary shall ensure that, for each fiscal year, 
at least the following amounts are provided under 
this subpart to address the following needs: 
‘‘(A) $12,832,000 to address the edu-
cational, related services, transitional, and early 
intervention needs of children with deaf-blind-
ness. 
‘‘(B) $4,000,000 to address the postsec-
ondary, vocational, technical, continuing, and 
adult education needs of individuals with deaf-
ness. 
‘‘(C) $4,000,000 to address the edu-
cational, related services, and transitional needs 
of children with an emotional disturbance and 
those who are at risk of developing an emo-
tional disturbance. 
‘‘(2) 
RATABLE
REDUCTION.—If 
the 
total 
amount appropriated to carry out this subpart for
239
any fiscal year is less than $130,000,000, the 
amounts listed in paragraph (1) shall be ratably re-
duced. 
‘‘(i) ELIGIBILITY FOR FINANCIAL ASSISTANCE.—Ef-
fective for fiscal years for which the Secretary may make 
grants under section 619(b), no State or local educational 
agency or educational service agency or other public insti-
tution or agency may receive a grant under this subpart 
which relates exclusively to programs, projects, and activi-
ties pertaining to children aged 3 through 5, inclusive, un-
less the State is eligible to receive a grant under section 
619(b).
‘‘SEC. 663. RESEARCH TO IMPROVE RESULTS FOR CHIL-
DREN WITH DISABILITIES. 
‘‘(a) IN GENERAL.—
‘‘(1) COMPETITIVE
GRANTS.—The Secretary 
shall make competitive grants to, or enter into con-
tracts or cooperative agreements with, eligible enti-
ties to expand the fundamental knowledge and un-
derstanding of the education of children with disabil-
ities in order to improve educational results for chil-
dren with disabilities, in accordance with the prior-
ities determined under this section. 
‘‘(2) DELEGATION.—Notwithstanding any other 
provision of law, the Secretary shall delegate the
240
Secretary’s responsibilities under this section to the 
Director of the Institute for Education Sciences. 
‘‘(b) AUTHORIZED ACTIVITIES.—Activities that may 
be carried out under this section include research activities 
to obtain knowledge and understanding in order—
‘‘(1) to improve services provided under this 
Act in order to improve academic achievement for 
children with disabilities; 
‘‘(2) to investigate scientifically based edu-
cational practices that support learning and improve 
academic achievement and progress for all students 
with disabilities; 
‘‘(3) to examine the special needs of preschool-
aged children and infants and toddlers with disabil-
ities, including factors that may result in develop-
mental delays; 
‘‘(4) to improve the alignment, compatibility, 
and development of valid and reliable assessment 
methods, including alternative assessment methods 
and evaluation methods for assessing adequate year-
ly 
progress, 
as 
described 
under 
section 
1111(b)(2)(B) of the Elementary and Secondary 
Education Act of 1965;
241
‘‘(5) to examine the educational and develop-
mental needs of children with high-incidence and 
low-incidence disabilities; 
‘‘(6) to examine the extent to which over-identi-
fication and under-identification of children with dis-
abilities occurs, and the causes thereof; 
‘‘(7) to improve reading and literacy skills for 
children with disabilities; 
‘‘(8) to examine and improve secondary and 
postsecondary education and transitional needs of 
children with disabilities; 
‘‘(9) to examine methods of early intervention 
for children with disabilities who need significant 
levels of support; 
‘‘(10) to examine universal design concepts in 
the development of assessments, curricula, and in-
structional methods as a method to improve results 
for children with disabilities; 
‘‘(11) to improve the preparation for personnel 
who provide educational and related services to chil-
dren with disabilities to increase academic achieve-
ment of students with disabilities; and 
‘‘(12) to examine the excess costs of educating 
a child with a disability and expenses associated with 
high-cost special education and related services.
242
‘‘(c) QUALITY OF RESEARCH.—In carrying out these 
activities, Director of the Institute of Education Sciences, 
with the advice of the Assistant Secretary for Special Edu-
cation and Rehabilitative Services, shall conduct and sup-
port scientifically valid research activities, including basic 
and applied research, statistics activities, scientifically 
valid evaluation, development, and dissemination that—
‘‘(1) conform to high standards of quality, in-
tegrity, accuracy, validity, and reliability; 
‘‘(2) are carried out in conjunction with the 
standards for the conduct and evaluation of all re-
search and development established by the National 
Center for Education Research; and 
‘‘(3) are objective, secular, neutral, nonideolog-
ical, and are free of partisan political influence, and 
racial, cultural, gender, regional, or disability bias. 
‘‘(d) RESEARCH AGENDA.—
‘‘(1) IN GENERAL.—In carrying out this sec-
tion, the Secretary shall develop a comprehensive re-
search agenda. 
‘‘(2) REQUIREMENTS.—The Secretary shall en-
sure that the comprehensive research agenda—
‘‘(A) is consistent with the purposes of this 
Act and includes activities authorized under
243
subsection (b) and, as appropriate, activities re-
quired under subsection (c); 
‘‘(B) reflects an appropriate balance across 
all age ranges of children with disabilities; 
‘‘(C) is objective and uses measurable indi-
cators to assess the progress and results of re-
search; 
‘‘(D) includes both basic research and ap-
plied research, which shall include research con-
ducted through field-initiated studies and may 
include ongoing research initiatives; and 
‘‘(E) ensures that the research conducted 
under this subpart is relevant to special edu-
cation practice and policy. 
‘‘(3) PUBLIC
COMMENT
PERIOD.—The Sec-
retary shall provide a public comment period of at 
least 30 days on the research agenda. 
‘‘(4) SUBMISSION
OF
FINAL
AGENDA.—The 
Secretary shall submit a final comprehensive re-
search agenda to the House Committee on Edu-
cation and the Workforce and the Senate Committee 
on Health, Education, Labor, and Pensions no later 
than July 1, 2004. 
‘‘(e) APPLICATIONS.—An eligible entity that wishes 
to receive a grant, or enter into a contract or cooperative
244
agreement, under this section shall submit an application 
to the Secretary at such time, in such manner, and con-
taining such information as the Secretary may require. 
‘‘SEC. 
664. 
TECHNICAL 
ASSISTANCE, 
DEMONSTRATION 
PROJECTS, DISSEMINATION OF INFORMA-
TION, AND IMPLEMENTATION OF SCIENTIF-
ICALLY BASED RESEARCH. 
‘‘(a) IN GENERAL.—The Secretary shall make com-
petitive grants to, or enter into contracts or cooperative 
agreements with, eligible entities to provide technical as-
sistance, support model demonstration projects, dissemi-
nate useful information, and implement activities that are 
supported by scientifically based research. 
‘‘(b) REQUIRED ACTIVITIES.—Funds received under 
this section shall be used to support activities to improve 
services provided under this Act, including the practices 
of professionals and others involved in providing such serv-
ices to children with disabilities, that promote academic 
achievement and improve results for children with disabil-
ities through—
‘‘(1) implementing effective strategies for ad-
dressing inappropriate behavior of students with dis-
abilities in schools, including strategies to prevent 
children with emotional and behavioral problems 
from developing emotional disturbances that require
245
the provision of special education and related serv-
ices; 
‘‘(2) improving the alignment, compatibility, 
and development of valid and reliable assessment 
methods, including alternative assessment methods 
and evaluation methods, for assessing adequate year-
ly 
progress, 
as 
described 
under 
section 
1111(b)(2)(B) of the Elementary and Secondary 
Education Act of 1965; and 
‘‘(3) providing training for both regular edu-
cation teachers and special education teachers to ad-
dress the needs of students with different learning 
styles. 
‘‘(c) AUTHORIZED ACTIVITIES.—Activities that may 
be carried out under this section include activities to im-
prove services provided under this Act, including the prac-
tices of professionals and others involved in providing such 
services to children with disabilities, that promote aca-
demic achievement and improve results for children with 
disabilities through—
‘‘(1) identifying innovative, effective, and effi-
cient curricula designs, instructional approaches, 
and strategies, and identifying positive academic and 
social learning opportunities, that—
246
‘‘(A) provide effective transitions between 
educational settings or from school to post 
school settings; and 
‘‘(B) improve educational and transitional 
results at all levels of the educational system in 
which the activities are carried out and, in par-
ticular, that improve the progress of children 
with disabilities, as measured by assessments 
within the general education curriculum in-
volved; 
‘‘(2) applying and testing research findings in 
typical service settings to determine the usefulness, 
effectiveness, and general applicability of such re-
search findings in such areas as improving instruc-
tional methods, curricula, and tools, such as text-
books and media; 
‘‘(3) demonstrating and applying scientifically-
based findings to facilitate systemic changes, related 
to the provision of services to children with disabil-
ities, in policy, procedure, practice, and the training 
and use of personnel; 
‘‘(4) supporting and promoting the coordination 
of early intervention and educational services for 
children with disabilities with services provided by 
health, rehabilitation, and social service agencies;
247
‘‘(5) promoting improved alignment and com-
patibility of general and special education reforms 
concerned with curricular and instructional reform, 
and evaluation of such reforms; 
‘‘(6) enabling professionals, parents of children 
with disabilities, and other persons to learn about, 
and implement, the findings of scientifically-based 
research, and successful practices developed in model 
demonstration projects, relating to the provision of 
services to children with disabilities; 
‘‘(7) conducting outreach, and disseminating in-
formation, relating to successful approaches to over-
coming systemic barriers to the effective and effi-
cient delivery of early intervention, educational, and 
transitional services to personnel who provide serv-
ices to children with disabilities; 
‘‘(8) assisting States and local educational 
agencies with the process of planning systemic 
changes that will promote improved early interven-
tion, educational, and transitional results for chil-
dren with disabilities; 
‘‘(9) promoting change through a multistate or 
regional framework that benefits States, local edu-
cational agencies, and other participants in partner-
248
ships that are in the process of achieving systemic-
change outcomes; or 
‘‘(10) focusing on the needs and issues that are 
specific to a population of children with disabilities, 
such as the provision of single-State and multi-State 
technical assistance and in-service training—
‘‘(A) to schools and agencies serving deaf-
blind children and their families; 
‘‘(B) to programs and agencies serving 
other groups of children with low-incidence dis-
abilities and their families; 
‘‘(C) addressing the postsecondary edu-
cation needs of individuals who are deaf or 
hard-of-hearing; and 
‘‘(D) to schools and personnel providing 
special education and related services for chil-
dren with autism spectrum disorders. 
‘‘(d) BALANCE
AMONG
ACTIVITIES
AND
AGE 
RANGES.—In carrying out this section, the Secretary shall 
ensure that there is an appropriate balance across all age 
ranges of children with disabilities. 
‘‘(e) LINKING STATES TO INFORMATION SOURCES.—
In carrying out this section, the Secretary may support 
projects that link States to technical assistance resources, 
including special education and general education re-
249
sources, and may make research and related products 
available through libraries, electronic networks, parent 
training projects, and other information sources. 
‘‘(f) APPLICATIONS.—
‘‘(1) IN
GENERAL.—An eligible entity that 
wishes to receive a grant, or enter into a contract or 
cooperative agreement, under this section shall sub-
mit an application to the Secretary at such time, in 
such manner, and containing such information as 
the Secretary may require. 
‘‘(2) STANDARDS.—To the maximum extent 
feasible, applicants must demonstrate that they will 
support projects based on scientifically based re-
search that has been carried out in accordance with 
the standards for the conduct and evaluation of all 
research and development established by the Na-
tional Center for Education Research. 
‘‘(3) PRIORITY.—The Secretary shall give pri-
ority to applications that propose to serve teachers 
and school personnel directly in the school environ-
ment.
270
making relating to early intervention, educational, 
and transitional services; 
‘‘(2) parents, teachers, administrators, early 
intervention personnel, related services personnel, 
and transition personnel receive coordinated and ac-
cessible technical assistance and information to as-
sist them in improving early intervention, edu-
cational, and transitional services and results for 
children with disabilities and their families; and 
‘‘(3) appropriate technology and media are re-
searched, developed, and demonstrated, to improve 
and implement early intervention, educational, and 
transitional services and results for children with 
disabilities and their families. 
‘‘SEC. 672. PARENT AND COMMUNITY TRAINING AND INFOR-
MATION CENTERS. 
‘‘(a) PROGRAM AUTHORIZED.—The Secretary may 
make grants to, and enter into contracts and cooperative 
agreements with, parent and community organizations to 
support parent and community training and information 
centers to carry out activities under this section. 
‘‘(b) REQUIRED ACTIVITIES.—Each parent and com-
munity training and information center that receives as-
sistance under this section shall—
271
‘‘(1) provide training and information that 
meets the needs of parents of children with disabil-
ities living in the area served by the center, includ-
ing underserved parents and parents of children who 
may be inappropriately identified, to enable children 
with disabilities—
‘‘(A) to meet developmental and chal-
lenging academic achievement goals that have 
been established for all children; and 
‘‘(B) to be prepared to lead productive 
independent adult lives to the maximum extent 
possible. 
‘‘(2) ensure that the training and information 
provided meets the needs of low-income parents and 
parents of children with limited English proficiency; 
‘‘(3) serve the parents of infants, toddlers, and 
children with the full range of disabilities; 
‘‘(4) assist parents—
‘‘(A) to better understand the nature of 
their children’s disabilities and their edu-
cational, developmental, and transitional needs; 
‘‘(B) to communicate effectively and work 
collaboratively with personnel responsible for 
providing special education, early intervention, 
transition services, and related services;
272
‘‘(C) to participate in decisionmaking proc-
esses and the development of individualized 
education programs under part B and individ-
ualized family service plans under part C; 
‘‘(D) to obtain appropriate information 
about the range, type and quality of options, 
programs, services, and resources available to 
assist children with disabilities and their fami-
lies in school and at home; 
‘‘(E) to understand the provisions of this 
Act for the education of, and the provision of 
early intervention services to, children with dis-
abilities; and 
‘‘(F) to participate in activities at the 
school level which benefit their children; 
‘‘(5) assist parents in resolving disputes in the 
most expeditious way possible, including encouraging 
the use, and explaining the benefits, of alternative 
methods of dispute resolution, such as the use of in-
dividualized education program facilitators and me-
diation and voluntary binding arbitration processes 
described in section 615(e); 
‘‘(6) assist parents to understand the avail-
ability of, and how to effectively use, procedural 
safeguards under this Act;