H. R. 6—402
‘‘(C) the nature of any relationship of any board mem-
ber, officer, or employee of the educational organization
to any organization or business described in subparagraph
(B), including the salary or other compensation paid by
such organization or business to such board member, offi-
cer, or employee.
‘‘(b) NONDISCRIMINATORY ENROLLMENT AND SERVICE POLICY.—
‘‘(1) IN
GENERAL.—Each educational organization shall
include a verifiable statement in all enrollment or recruitment
material that the educational organization does not—
‘‘(A) fail or refuse to hire, or discharge, any individual,
or otherwise discriminate against any individual with
respect to compensation, terms, conditions, or privileges
of employment; or
‘‘(B) exclude any student from participation in an edu-
cational program, discriminate against any student in
providing the benefits associated with such program
(including any scholarship or financial assistance, and use
of any facility), or subject the student to discrimination
under such program, on the basis of race, disability, or
residence in a low-income area.
‘‘(2) CONSTRUCTION.—Nothing in this subsection shall be
construed to entitle a student to—
‘‘(A) participation in an educational program or any
benefit associated with such program; or
‘‘(B) a waiver of any fee charged for such participation
or benefit.
‘‘(c) ENFORCEMENT.—The Secretary shall—
‘‘(1)(A) widely disseminate information about the require-
ments of this section to State and local school officials and
parents; and
‘‘(B) require educational organizations to submit appro-
priate information or assurances regarding such organizations’
compliance with this section; and
‘‘(2) take whatever other steps the Secretary determines
are appropriate to enforce this section, including—
‘‘(A) promulgating regulations;
‘‘(B) establishing a complaint process;
‘‘(C) referring complaints to the relevant Federal, State,
or local authorities for appropriate action;
‘‘(D) alerting educational agencies, schools, and parents
to the practices of educational organizations that violate
the provisions of this section; and
‘‘(E) imposing civil fines (not to exceed $1,000 per viola-
tion) on educational organizations that knowingly violate
this section.
‘‘(d) DEFINITIONS.—As used in this section:
‘‘(1) DISABILITY.—The term ‘disability’ has the same mean-
ing given to such term by section 3(2) of the Americans with
Disabilities Act of 1990.
‘‘(2) EDUCATIONAL ORGANIZATION.—(A) Except as provided
in subparagraphs (B) and (C), the term ‘educational organiza-
tion’ means any organization or entity that—
‘‘(i) provides an educational program for a fee; and
‘‘(ii) recruits students through means such as commer-
cial media, direct mailings, school recruitment programs,
school administrators, teachers or staff, or current or
H. R. 6—403
former participants in an educational program offered by
such organization or entity.
‘‘(B) The definition in subparagraph (A) shall not include—
‘‘(i) a local educational agency, State educational
agency, a State department of education, or an elementary
or secondary school as defined by the Elementary and
Secondary Education Act of 1965;
‘‘(ii) an institution of higher education as defined by
section 1201(a) of the Higher Education Act of 1965; or
‘‘(iii) a local organization sponsored by an elementary
or secondary school, a recreational organization, an enter-
tainment organization, a local sports activity group, or
a social club.
‘‘(C) For the purpose of subsection (a) only, such term
does not include an organization or entity that provides an
educational program if such organization or entity—
‘‘(i) recruits, for participation in such program, solely
through a local school official; and
‘‘(ii) does not offer a local school official, teacher, or
other school personnel compensation (other than compensa-
tion for actual expenses incurred in performing chaperon
activities or for participating in separate, professionally-
staffed teacher training and technical assistance seminars
and workshops related to such program) or any other bene-
fit for such recruitment.
‘‘(3) EDUCATIONAL PROGRAM.—(A) Except as provided in
subparagraph (B), the term ‘educational program’ means a spe-
cial honors program, seminar, citizenship experience, govern-
ment study program, educational vacation, student exchange
program, or other educational experience or honor—
‘‘(i) that is generally directed toward minors or second-
ary school students;
‘‘(ii) for which a tuition or enrollment fee is charged;
‘‘(iii) that is offered away from a student’s regular
place of school attendance;
‘‘(iv) that includes not less than one supervised night
away from home; and
‘‘(v) that is intended to enhance a student’s regular
course of study.
‘‘(B) Such term does not include a recreational program,
or a social or religious activity.
‘‘(4) LOCAL SCHOOL OFFICIAL.—The term ‘local school offi-
cial’ means the highest administrative official serving a school
district, or such individual’s designee.
‘‘(5) MINOR.—The term ‘minor’ means an individual who
has not attained the age of 18 years.
‘‘(6) MEMBERSHIP ORGANIZATION.—The term ‘membership
organization’ includes any organization that maintains a mem-
bership list or collects dues or membership fees from its mem-
bers.
‘‘(7) RECREATIONAL ORGANIZATION.—The term ‘recreational
organization’ includes any organization or entity that has as
its primary function pleasure, amusement, or sports activities.
‘‘(8) RECREATIONAL PROGRAM.—The term ‘recreational pro-
gram’ includes any activity or service that is intended as an
entertainment pastime.’’.
H. R. 6—404
PART D—ADMINISTRATION OF EDUCATION
PROGRAMS
SEC. 241. JOINT FUNDING OF PROGRAMS.
Section 430 of the Act (as redesignated by section 212(b)(1))
(20 U.S.C. 1231) is amended to read as follows:
‘‘JOINT FUNDING OF PROGRAMS
‘‘SEC. 430. (a)(1) The Secretary is authorized to enter into
arrangements with other Federal agencies to jointly carry out
projects of common interest, to transfer to such agencies funds
appropriated under any applicable program, and to receive and
use funds from such agencies, for projects of common interest.
‘‘(2) Funds transferred or received pursuant to paragraph (1)
shall be used only in accordance with the statutes authorizing
the appropriation of such funds, and shall be made available by
contract or grant only to recipients eligible to receive such funds
under such statutes.
‘‘(3) If the Secretary enters into an agreement under this sub-
section for the administration of a project, the agency administering
the project shall use such agency’s procedures to award contracts
or grants and to administer such awards, unless the parties to
the agreement specify the use of procedures of another agency
that is a party to the agreement.
‘‘(4) If the Secretary has entered into an agreement authorized
under this subsection and the Secretary and the heads of the
other agencies participating in the agreement determine that joint
funding is necessary to address a special need consistent with
the purposes and authorized activities of each program that provides
funding under the joint project, the Secretary and the heads of
the other participating agencies may develop a single set of criteria
for the jointly funded project and require each applicant for such
project to submit a single application for review by the participating
agencies.
‘‘(b) The Secretary may develop the criteria for, and require
the submission of, joint applications under two or more applicable
programs under which funds are awarded on a competitive basis,
and may jointly review and approve such applications separately
from other applications under such programs, when the Secretary
determines that such joint awards are necessary to address a special
need consistent with the purposes and authorized activities of each
such program. Any applicant for such a joint award shall meet
the eligibility requirements of each such program.
‘‘(c) The Secretary may not construe the provisions of this
section to take precedence over a limitation on joint funding con-
tained in an applicable statute.
‘‘(d)(1) The Secretary shall provide notice to the Committee
on Education and Labor of the House of Representatives and to
the Committee on Labor and Human Resources of the Senate of
each joint funding agreement made with other Federal agencies
not later than 60 days after the making of such agreements.
‘‘(2) Such notice shall include—
‘‘(A) a description of the purpose and objectives of the
joint funding arrangement;
‘‘(B) the amounts and sources, by program, of the funds
dedicated to such arrangement; and
H. R. 6—405
‘‘(C) the criteria developed to govern the award of contracts
and grants.’’.
SEC. 242. COLLECTION AND DISSEMINATION OF INFORMATION.
Section 431 of the Act (as redesignated by section 212(b)(1))
(20 U.S.C. 1231a) is amended to read as follows:
‘‘COLLECTION AND DISSEMINATION OF INFORMATION
‘‘SEC. 422. The Secretary shall—
‘‘(1) prepare and disseminate to State and local educational
agencies and institutions information concerning applicable pro-
grams, and cooperate with other Federal officials who admin-
ister programs affecting education in disseminating information
concerning such programs;
‘‘(2) inform the public regarding federally supported edu-
cation programs; and
‘‘(3) collect data and information on applicable programs
for the purpose of obtaining objective measurements of the
effectiveness of such programs in achieving the intended pur-
poses of such programs.’’.
SEC. 243. REVIEW OF APPLICATIONS.
Section 432 of the Act (as redesignated by section 212(b)(1))
(20 U.S.C. 1231b–2) is amended—
(1) in subsection (a)—
(A) by striking ‘‘Commissioner’’ and inserting ‘‘Sec-
retary’’;
(B) by striking ‘‘and in the case of the program provided
for in title I of the Elementary and Secondary Education
Act of 1965,’’;
(C) in the third sentence by inserting a comma after
‘‘the hearing’’; and
(D) in the fourth sentence—
(i) by striking the comma after ‘‘guidelines’’; and
(ii) by inserting a comma after ‘‘program’’;
(2) in subsection (b), by striking ‘‘Commissioner’’ each place
such term appears and inserting ‘‘Secretary’’; and
(3) in subsection (d)—
(A) by striking ‘‘Commissioner’’ each place such term
appears and inserting ‘‘Secretary’’; and
(B) by inserting before the period ‘‘or issue such other
orders as the Secretary may deem appropriate to achieve
such compliance’’.
SEC. 244. PARENTAL INVOLVEMENT AND DISSEMINATION.
The matter preceding paragraph (1) of section 434 of the Act
(as redesignated by section 212(b)(1)) (20 U.S.C. 1231d) is amend-
ed—
(1) in the first sentence—
(A) by striking ‘‘Commissioner’’ and inserting ‘‘Sec-
retary’’; and
(B) by striking ‘‘he’’ and inserting ‘‘the Secretary’’; and
(2) in the second sentence by inserting ‘‘is made’’ after
‘‘such determination’’.
SEC. 245. USE OF FUNDS WITHHELD.
Section 435 of the Act (as redesignated by section 212(b)(1))
(20 U.S.C. 1231e) is amended to read as follows:
H. R. 6—406
‘‘USE OF FUNDS WITHHELD
‘‘SEC. 435. (a) At any time that the Secretary makes an allot-
ment or reallotment to any State under any applicable program,
the Secretary shall reduce such allotment or reallotment by such
amount as the Secretary determines such allotment or reallotment
would have been reduced, had the data on which such allotment
or reallotment is based excluded all data relating to local edu-
cational agencies of the State that, on the date of the Secretary’s
action, are ineligible to receive the Federal financial assistance
involved because of failure to comply with title VI of the Civil
Rights Act of 1964, title IX of the Education Amendments of 1972,
section 504 of the Rehabilitation Act of 1973, or the Age Discrimina-
tion Act of 1975.
‘‘(b) The Secretary may use any funds withheld under sub-
section (a)—
‘‘(1) to increase the allotments or reallotments of local
educational agencies within the State that are not described
in subsection (a), or the allotments or reallotment of all States,
in accordance with the Federal law governing the program;
or
‘‘(2) for grants to local educational agencies of that State
in accordance with section 405 of the Civil Rights Act of 1964,
or for any other program administered by the Department
that is designed to enhance equity in education or redress
discrimination on the basis of race, color, national origin, sex,
age, or disability.’’.
SEC. 246. APPLICATIONS.
Section 436 of the Act (as redesignated by section 212(b)(1))
(20 U.S.C. 1231g) is amended—
(1) in subsection (a), by striking ‘‘for three fiscal years’’
and inserting ‘‘for more than one fiscal year’’; and
(2) by striking ‘‘Commissioner’’ each place such term
appears and inserting ‘‘Secretary’’.
SEC. 247. REGULATIONS.
Section 437 of the Act (as redesignated by section 212(b)(1))
(20 U.S.C. 1232) is amended to read as follows:
‘‘REGULATIONS
‘‘SEC. 437. (a) For the purpose of this section, the term ‘regula-
tion’ means any generally applicable rule, regulation, guideline,
interpretation, or other requirement that—
‘‘(1) is prescribed by the Secretary or the Department;
and
‘‘(2) has legally binding effect in connection with, or affect-
ing, the provision of financial assistance under any applicable
program.
‘‘(b) Regulations shall contain, immediately following each sub-
stantive provision of such regulations, citations to the particular
section or sections of statutory law or other legal authority on
which such provision is based.
‘‘(c) All regulations shall be uniformly applied and enforced
throughout the 50 States.
H. R. 6—407
‘‘(d) The exemption for public property, loans, grants and bene-
fits in section 553(a)(2) of title 5, United States Code, shall apply
only to regulations—
‘‘(1) that govern the first grant competition under a new
or substantially revised program authority as determined by
the Secretary; or
‘‘(2) where the Secretary determines that the requirements
of this subsection will cause extreme hardship to the intended
beneficiaries of the program affected by such regulations.
‘‘(e) Not later than 60 days after the date of enactment of
any Act, or any portion of any Act, affecting the administration
of any applicable program, the Secretary shall submit to the
Committee on Education and Labor of the House of Representatives
and the Committee on Labor and Human Resources of the Senate
a schedule in accordance with which the Secretary plans to promul-
gate final regulations that the Secretary determines are necessary
to implement such Act or portion of such Act. Such schedule shall
provide that all such final regulations shall be promulgated within
360 days after the date of enactment of such Act or portion of
such Act.
‘‘(f) Concurrently with the publication of any final regulations,
the Secretary shall transmit a copy of such final regulations to
the Speaker of the House of Representatives and the President
pro tempore of the Senate.’’.
SEC. 248. RECORDS; REDUCTION IN RETENTION REQUIREMENTS.
Section 443 of the Act (as redesignated by section 212(b)(1))
(20 U.S.C. 1232f) is amended—
(1) in subsection (a)—
(A) by striking ‘‘grant, subgrant, contract, subcontract,
loan, or other arrangement (other than procurement con-
tracts awarded by an administrative head of an educational
agency)’’ and inserting ‘‘grant, subgrant, cooperative agree-
ment, loan, or other arrangement’’;
(B) by inserting ‘‘financial or programmatic’’ before
‘‘audit.’’; and
(C) in the last sentence, by striking ‘‘five’’ and inserting
‘‘three’’; and
(2) in subsection (b), by striking ‘‘to any records of a recipi-
ent which may be related, or pertinent to, the grants, subgrants,
contracts, subcontracts, loans, or other arrangements’’ and
inserting ‘‘to any records maintained by a recipient that may
be related, or pertinent to, grants, subgrants, cooperative agree-
ments, loans, or other arrangements’’.
SEC. 249. PRIVACY RIGHTS.
Section 444 of the Act (as redesignated by section 212(b)(1))
(20 U.S.C. 1232g) is amended—
(1) in subsection (a)—
(A) in paragraph (1)—
(i) by redesignating subparagraphs (B) and (C)
as subparagraphs (C) and (D), respectively;
(ii) by inserting after subparagraph (A) the follow-
ing new subparagraph:
‘‘(B) No funds under any applicable program shall be
made available to any State educational agency (whether
or not that agency is an educational agency or institution
under this section) that has a policy of denying, or effec-
H. R. 6—408
tively prevents, the parents of students the right to inspect
and review the education records maintained by the State
educational agency on their children who are or have been
in attendance at any school of an educational agency or
institution that is subject to the provisions of this section.’’;
(iii) in clause (iii) of subparagraph (C) (as redesig-
nated by clause (i)), by striking ‘‘(C)’’ and inserting
‘‘(D)’’; and
(iv) in subparagraph (D) (as redesignated by clause
(i)), by striking ‘‘(B)’’ and inserting ‘‘(C)’’; and
(B) in paragraph (2), by striking ‘‘or other rights’’ and
inserting ‘‘rights’’;
(2) in subsection (b)—
(A) in paragraph (1)—
(i) in subparagraph (A), by inserting ‘‘, including
the educational interests of the child for whom consent
would otherwise be required’’ before the semicolon;
(ii) by amending subparagraph (E) to read as fol-
lows:
‘‘(E) State and local officials or authorities to whom such
information is specifically allowed to be reported or disclosed
pursuant to State statute adopted—
‘‘(i) before November 19, 1974, if the allowed reporting
or disclosure concerns the juvenile justice system and such
system’s ability to effectively serve the student whose
records are released, or
‘‘(ii) after November 19, 1974, if—
‘‘(I) the allowed reporting or disclosure concerns
the juvenile justice system and such system’s ability
to effectively serve, prior to adjudication, the student
whose records are released; and
‘‘(II) the officials and authorities to whom such
information is disclosed certify in writing to the edu-
cational agency or institution that the information will
not be disclosed to any other party except as provided
under State law without the prior written consent of
the parent of the student.’’;
(iii) in subparagraph (H), by striking ‘‘and’’ after
the semicolon;
(iv) in subparagraph (I), by striking the period
and inserting ‘‘; and’’; and
(v) by adding at the end the following new subpara-
graph:
‘‘(J)(i) the entity or persons designated in a Federal
grand jury subpoena, in which case the court shall order,
for good cause shown, the educational agency or institution
(and any officer, director, employee, agent, or attorney for
such agency or institution) on which the subpoena is served,
to not disclose to any person the existence or contents
of the subpoena or any information furnished to the grand
jury in response to the subpoena; and
‘‘(ii) the entity or persons designated in any other
subpoena issued for a law enforcement purpose, in which
case the court or other issuing agency may order, for good
cause shown, the educational agency or institution (and
any officer, director, employee, agent, or attorney for such
agency or institution) on which the subpoena is served,
H. R. 6—409
to not disclose to any person the existence or contents
of the subpoena or any information furnished in response
to the subpoena.’’;
(B) in paragraph (2)—
(i) in the matter preceding subparagraph (A), by
striking the period and inserting ‘‘, unless—’’; and
(ii) in subparagraph (B), by inserting ‘‘except as
provided in paragraph (1)(J),’’ before ‘‘such informa-
tion’’; and
(C) in subparagraph (B) of paragraph (4), by adding
at the end the following new sentence: ‘‘If a third party
outside the educational agency or institution permits access
to information in violation of paragraph (2)(A), or fails
to destroy information in violation of paragraph (1)(F),
the educational agency or institution shall be prohibited
from permitting access to information from education
records to that third party for a period of not less than
five years.’’;
(3) in subsection (c), by striking ‘‘The Secretary shall adopt
appropriate regulations to’’ and inserting ‘‘Not later than 240
days after the date of enactment of the Improving America’s
Schools Act of 1994, the Secretary shall adopt appropriate
regulations or procedures, or identify existing regulations or
procedures, which’’;
(4) in subsection (e), by inserting ‘‘effectively’’ before
‘‘informs’’; and
(5) by adding at the end the following new subsection:
‘‘(h) Nothing in this section shall prohibit an educational agency
or institution from—
‘‘(1) including appropriate information in the education
record of any student concerning disciplinary action taken
against such student for conduct that posed a significant risk
to the safety or well-being of that student, other students,
or other members of the school community; or
‘‘(2) disclosing such information to teachers and school offi-
cials, including teachers and school officials in other schools,
who have legitimate educational interests in the behavior of
the student.’’.
SEC. 250. ENFORCEMENT.
(a) RECOVERY OF FUNDS.—Section 452 of the Act (20 U.S.C.
1234a) is amended—
(1) in the first sentence of paragraph (2) of subsection
(a), by striking ‘‘stating’’ and all that follows through the end
of such sentence and inserting ‘‘establishing a prima facie case
for the recovery of funds, including an analysis reflecting the
value of the program services actually obtained in a determina-
tion of harm to the Federal interest.’’;
(2) in the first sentence of paragraph (1) of subsection
(b), by striking ‘‘30’’ and inserting ‘‘60’’; and
(3) in subsection (d), by—
(A) striking ‘‘(d) Upon’’ and inserting ‘‘(d)(1) Upon’’;
and
(B) adding at the end the following new paragraph:
‘‘(2) During the conduct of such review, there shall not be
any ex parte contact between the Secretary and individuals rep-
resenting the Department or the recipient.’’.
H. R. 6—410
(b) USE OF RECOVERED FUNDS.—Section 459 of the Act (20
U.S.C. 1234h) is amended—
(1) in paragraph (1) of subsection (a), by inserting ‘‘, pro-
vided that the recipient was notified of any noncompliance
with such requirements and given a reasonable period of time
to remedy such noncompliance’’ before the semicolon; and
(2) by amending subsection (c) to read as follows:
‘‘(c) Notwithstanding any other provisions of law, the funds
made available under this section shall remain available for
expenditure for a period of time deemed reasonable by the Sec-
retary, but in no case to exceed more than three fiscal years follow-
ing the later of—
‘‘(1) the fiscal year in which final agency action under
section 452(e) is taken; or
‘‘(2) if such recipient files a petition for judicial review,
the fiscal year in which final judicial action under section
458 is taken.’’.
PART E—TECHNICAL AND CONFORMING
AMENDMENTS
SEC. 261. TECHNICAL AND CONFORMING AMENDMENTS.
(a) PAYMENTS.—Section 423 of the Act (as redesignated by
section 212(b)(1)) (20 U.S.C. 1226a–1) is amended by striking
‘‘Commissioner’’ and inserting ‘‘Secretary’’.
(b) PROGRAM PLANNING AND EVALUATION.—Section 426 of the
Act (as redesignated by section 212(b)(1)) (20 U.S.C. 1228) is
amended—
(1) by striking ‘‘title I of’’ and all that follows through
‘‘Congress)’’ and inserting ‘‘title VIII of the Elementary and
Secondary Education Act of 1965’’; and
(2) by striking ‘‘subparagraph (C) of section 3(d)(2) or sec-
tion 403(1)(C) of that Act’’ and inserting ‘‘subsections (d) and
(g) of section 8003 of such Act or residing on property described
in section 8013(10) of such Act’’.
(c) HEADING FOR PART C.—The heading for part C of the Act
(20 U.S.C. 1230 et seq.) is amended by striking ‘‘COMMISSIONER
OF EDUCATION’’ and inserting ‘‘SECRETARY’’.
(d) SECTION 439.—Section 439 of the Act (as redesignated by
section 212(b)(1)) (20 U.S.C. 1232b) is amended by striking ‘‘Except
for emergency relief under section 7 of the Act of September 30,
1950 (Public Law 874, Eighty-first Congress), all laborers’’ and
inserting ‘‘All laborers’’.
(e) SECTION 440.—
(1) AMENDMENT TO HEADING.—The heading for section 440
of the Act (as redesignated by section 212(b)(1)) (20 U.S.C.
1232c) is amended by striking ‘‘EDUCATIONAL’’.
(2) AMENDMENT
TO
TEXT.—Section 440 of the Act (as
redesignated by section 212(b)(1)) (20 U.S.C. 1232c) is
amended—
(A) by striking ‘‘Commissioner’’ each place such term
appears and inserting ‘‘Secretary’’;
(B) by redesignating the matter following paragraph
(3) of subsection (b) as subsection (c); and
(C) in subsection (c) (as redesignated by subparagraph
(B)), by striking ‘‘paragraph (3)’’ and inserting ‘‘subsection
(b)(3)’’.
H. R. 6—411
(f) SECTION 441.—Section 441 of the Act (as redesignated by
section 212(b)(1)) (20 U.S.C. 1232d) is amended—
(1) by striking ‘‘Commissioner’’ each place such term
appears and inserting ‘‘Secretary’’; and
(2) in the first sentence of subsection (a)—
(A) by striking the comma after ‘‘submits a plan’’;
(B) by striking ‘‘, in the case of programs under chapter
1 and chapter 2 of title I of the Elementary and Secondary
Education Act of 1965,’’; and
(C) by striking ‘‘title V of such Act’’ and inserting
‘‘part C of title V of the Elementary and Secondary Edu-
cation Act of 1965’’.
(g) SECTION 442.—Section 442 of the Act (as redesignated by
section 212(b)(1)) (20 U.S.C. 1232e) is amended—
(1) in subsection (a), by striking ‘‘that local education
agency’’ and inserting ‘‘that local educational agency’’; and
(2) in subsection (b)—
(A) in paragraph (2), by inserting a comma after ‘‘pro-
gram’’;
(B) in paragraph (4), by striking ‘‘Commissioner’’ each
place such term appears and inserting ‘‘Secretary’’; and
(C) in subparagraph (B) of paragraph (7), by striking
‘‘handicapped individuals’’ and inserting ‘‘individuals with
disabilities’’.
(h) SECTION 444.—Section 444 of the Act (as redesignated by
section 212(b)(1) and amended by section 249) (20 U.S.C. 1232g)
is further amended—
(1) in clause (ii) of subsection (a)(4)(B), by striking the
period and inserting a semicolon;
(2) in subsection (b)—
(A) in subparagraph (C) of paragraph (1), by striking
‘‘(iii) an administrative head of an education agency (as
defined in section 408(c)), or (iv)’’ and inserting ‘‘or (iii)’’;
(B) in subparagraph (H) of paragraph (1), by striking
‘‘1954’’ and inserting ‘‘1986’’; and
(C) in paragraph (3)—
(i) by striking ‘‘(C) an administrative head of an
education agency or (D)’’ and inserting ‘‘or (C)’’; and
(ii) by striking ‘‘education program’’ and inserting
‘‘education programs’’;
(3) in subsection (d), by inserting a comma after ‘‘edu-
cation’’;
(4) in subsection (f)—
(A) by striking ‘‘, or an administrative head of an
education agency,’’;
(B) by striking ‘‘enforce provisions of this section’’ and
inserting ‘‘enforce this section’’;
(C) by striking ‘‘according to the provisions of’’ and
inserting ‘‘in accordance with’’; and
(D) by striking ‘‘comply with the provisions of this
section’’ and inserting ‘‘comply with this section’’; and
(5) in subsection (g)—
(A) by striking ‘‘of Health, Education, and Welfare’’;
and
(B) by striking ‘‘the provisions of’’.
(i) CONFORMING AMENDMENT AND CROSS REFERENCES.—
H. R. 6—412
(1) CARL D. PERKINS VOCATIONAL AND APPLIED TECHNOLOGY
EDUCATION ACT.—Subsection (b) of section 504 of the Carl D.
Perkins Vocational and Applied Technology Education Act (20
U.S.C. 2466a(b)) is amended—
(A) by striking ‘‘240-day’’ and inserting ‘‘360-day’’; and
(B) by striking ‘‘431(g)’’ and inserting ‘‘437(e)’’.
(2) HIGHER EDUCATION ACT OF 1965.—Subsection (c) of sec-
tion 556 of the Higher Education Act of 1965 (20 U.S.C.
1108d(c)) is amended by striking ‘‘435 and 436’’ and inserting
‘‘441 and 442’’.
(3) EDUCATION AND TRAINING FOR A COMPETITIVE AMERICA
ACT OF 1988.—Paragraph (1) of section 6144 of the Education
and Training for a Competitive America Act of 1988 (20 U.S.C.
5124(1)) is amended by striking ‘‘405(d)(4)(A)(i) of the General
Education Provisions Act (20 U.S.C. 1221e(d)(4)(A)(i))’’ and
inserting ‘‘section 941(h) of the Educational Research, Develop-
ment, Dissemination, and Improvement Act of 1994 (20 U.S.C.
6041(h))’’.
PART F—RELATED AMENDMENTS TO OTHER
ACTS
SEC. 271. DEPARTMENT OF EDUCATION ORGANIZATION ACT.
(a) REPEALS AND REDESIGNATIONS.—
(1) REPEALS.—Section 427 of the Department of Education
Organization Act (20 U.S.C. 3487) (hereafter in this part
referred to as the ‘‘Act’’) is repealed.
(2) REDESIGNATION.—Sections 209, 210, 211, 212, 214, 303,
304, 305, 306, 307, and 428 of the Act are redesignated as
sections 208, 209, 210, 211, 212, 302, 303, 304, 305, 306, and
427 of the Act, respectively.
(3) CROSS REFERENCES.—(A) Paragraph (2) of section 401(b)
of the Act (20 U.S.C. 3461(b)(2)) is amended by striking ‘‘209’’
and inserting ‘‘208’’.
(B) Paragraph (9) of section 912(l) of the Educational
Research, Development, Dissemination, and Improvement Act
of 1994 (20 U.S.C. 6011(l)(9)) is amended by striking ‘‘209’’
and inserting ‘‘208’’.
(b) GENDER EQUITY.—Subsection (b) of section 202 of the Act
(20 U.S.C. 3412) is amended by inserting after paragraph (2) the
following new paragraph:
‘‘(3) There shall be in the Department, a Special Assistant
for Gender Equity who shall be appointed by the Secretary. The
Special Assistant shall promote, coordinate, and evaluate gender
equity programs, including the dissemination of information, tech-
nical assistance, and coordination of research activities. The Special
Assistant shall advise the Secretary and Deputy Secretary on all
matters relating to gender equity.’’.
(c) OFFICE
OF NON-PUBLIC EDUCATION.—Title II of the Act
(20 U.S.C. 3411 et seq.) is amended by adding immediately before
section 215 the following new section:
‘‘OFFICE OF NON-PUBLIC EDUCATION
‘‘SEC. 214. There shall be in the Department an Office of
Non-Public Education to ensure the maximum potential participa-
H. R. 6—413
tion of non-public school students in all Federal educational pro-
grams for which such students are eligible.’’.
(d) RULES; ACQUISITION
AND MAINTENANCE
OF PROPERTY.—
Part B of title IV of the Act (20 U.S.C. 3471 et seq.) is amended—
(1) in section 414 (20 U.S.C. 1226a)—
(A) by striking ‘‘(a)’’; and
(B) by striking subsection (b); and
(2) in section 421 (20 U.S.C. 1230), by inserting ‘‘and to
accept donations of services,’’ after ‘‘personal,’’.
(e) TABLE OF CONTENTS.—The table of contents contained in
section 1 of the Act (20 U.S.C. 3401 note) is amended to read
as follows:
‘‘TABLE OF CONTENTS
‘‘Sec. 1. Short title; table of contents.
‘‘TITLE I—GENERAL PROVISIONS
‘‘Sec. 101. Findings.
‘‘Sec. 102. Purposes.
‘‘Sec. 103. Federal-State Relationships.
‘‘Sec. 104. Definitions.
‘‘TITLE II—ESTABLISHMENT OF THE DEPARTMENT
‘‘Sec. 201. Establishment.
‘‘Sec. 202. Principal officers.
‘‘Sec. 203. Office for Civil Rights.
‘‘Sec. 204. Office of Elementary and Secondary Education.
‘‘Sec. 205. Office of Postsecondary Education.
‘‘Sec. 206. Office of Vocational and Adult Education.
‘‘Sec. 207. Office of Special Education and Rehabilitative Services.
‘‘Sec. 208. Office of Educational Research and Improvement.
‘‘Sec. 209. Office of Bilingual Education and Minority Languages Affairs.
‘‘Sec. 210. Office of General Counsel.
‘‘Sec. 211. Office of Inspector General.
‘‘Sec. 212. Office of Non-Public Education.
‘‘Sec. 213. Office of Indian Education.
‘‘Sec. 214. Office of Non-Public Education.
‘‘Sec. 215. Office of Indian Education.
‘‘Sec. 216. Office of Bilingual Education and Minority Languages Affairs.
‘‘Sec. 217. Federal Interagency Committee on Education.
‘‘TITLE III—TRANSFERS OF AGENCIES AND FUNCTIONS
‘‘Sec. 301. Transfers from the Department of Health, Education, and Welfare.
‘‘Sec. 302. Transfers from the Department of Labor.
‘‘Sec. 303. Transfers of programs from the National Science Foundation.
‘‘Sec. 304. Transfers from the Department of Justice.
‘‘Sec. 305. Transfers from the Department of Housing and Urban Development.
‘‘Sec. 306. Effect of transfers.
‘‘TITLE IV—ADMINISTRATIVE PROVISIONS
‘‘PART A—PERSONNEL PROVISIONS
‘‘Sec. 401. Officers and employees.
‘‘Sec. 402. Experts and consultants.
‘‘Sec. 403. Personnel reduction and annual limitations.
‘‘PART B—GENERAL ADMINISTRATIVE PROVISIONS
‘‘Sec. 411. General authority.
‘‘Sec. 412. Delegation.
‘‘Sec. 413. Reorganization.
‘‘Sec. 414. Rules.
‘‘Sec. 415. Contracts.
‘‘Sec. 416. Regional and field offices.
‘‘Sec. 417. Acquisition and maintenance of property.
‘‘Sec. 418. Facilities at remote locations.
‘‘Sec. 419. Use of facilities.
‘‘Sec. 420. Copyrights and patents.
‘‘Sec. 421. Gifts and bequests.
H. R. 6—414
‘‘Sec. 422. Technical advice.
‘‘Sec. 423. Working capital fund.
‘‘Sec. 424. Funds transfer.
‘‘Sec. 425. Seal of department.
‘‘Sec. 426. Annual report.
‘‘Sec. 427. Authorization of appropriations.
‘‘TITLE V—TRANSITIONAL, SAVINGS, AND CONFORMING PROVISIONS
‘‘Sec. 501. Transfer and allocation of appropriations and personnel.
‘‘Sec. 502. Effect on personnel.
‘‘Sec. 503. Agency terminations.
‘‘Sec. 504. Incidental transfers.
‘‘Sec. 505. Savings provisions.
‘‘Sec. 506. Separability.
‘‘Sec. 507. Reference.
‘‘Sec. 508. Amendments.
‘‘Sec. 509. Redesignation.
‘‘Sec. 510. Coordination of programs affecting handicapped individuals.
‘‘Sec. 511. Transition.
‘‘TITLE VI—EFFECTIVE DATE AND INTERIM APPOINTMENTS
‘‘Sec. 601. Effective date.
‘‘Sec. 602. Interim appointments.’’.
SEC. 272. THE REHABILITATION ACT OF 1973.
Section 9 of the Rehabilitation Act of 1973 (29 U.S.C. 706)
is repealed.
TITLE III—AMENDMENTS TO OTHER
ACTS
PART A—AMENDMENTS TO THE INDIVIDUALS
WITH DISABILITIES EDUCATION ACT
SEC. 311. ALLOCATIONS UNDER SECTION 611.
(a) MAXIMUM AMOUNT.—Subsection (a) of section 611 of the
Individuals with Disabilities Education Act (hereafter in this part
referred to as the ‘‘Act’’) (20 U.S.C. 1411(a)) is amended—
(1) by amending paragraph (1) to read as follows:
‘‘(1) Except as provided in paragraph (5), the maximum
amount of the grant for which a State is entitled under this
section for any fiscal year is—
‘‘(A) the sum of—
‘‘(i) the number of children with disabilities in
the State, aged 6 through 21, who are receiving special
education and related services, as determined under
paragraph (3); and
‘‘(ii) if the State is eligible for a grant under section
619, the number of such children in the State, aged
3 through 5; multiplied by
‘‘(B) 40 percent of the average per-pupil expenditure
in public elementary and secondary schools in the United
States.’’;
(2) by amending paragraph (2) to read as follows:
‘‘(2) 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.’’; and
(3) in subparagraph (A) of paragraph (5)—
(A) in clause (i)—
(i) by striking ‘‘and the State’’ and inserting ‘‘,
or the combined percentage of such children counted
H. R. 6—415
by the Secretary for the purpose of making fiscal year
1994 allocations under this section and under subpart
2 of part D of chapter 1 of title I of the Elementary
and Secondary Education Act of 1965 (as such subpart
was in effect on the day preceding the date of enact-
ment of the Improving America’s Schools Act of 1994),
whichever is greater, if the State’’; and
(ii) by inserting ‘‘and’’ after the comma at the
end;
(B) in clause (ii)—
(i) by striking ‘‘and the State’’ and inserting ‘‘,
or the combined percentage of such children counted
by the Secretary for the purpose of making fiscal year
1994 allocations under this section and under subpart
2 of part D of chapter 1 of title I of the Elementary
and Secondary Education Act of 1965 (as such subpart
was in effect on the day preceding the date of enact-
ment of the Improving America’s Schools Act of 1994),
whichever is greater, if the State’’; and
(ii) by striking ‘‘; and’’ and inserting a period;
and
(C) by striking clause (iii).
(b) STATE USES.—Subsection (b) of section 611 of the Act (20
U.S.C. 1411(b)) is amended to read as follows:
‘‘(b)(1) Notwithstanding subsections (a) and (g), no State shall
receive an amount under this section for any of the fiscal years
1995 through 1999 that is less than the sum of the amount such
State received for fiscal year 1994 under—
‘‘(A) this section; and
‘‘(B) subpart 2 of part D of chapter 1 of title I of the
Elementary and Secondary Education Act of 1965 (as such
subpart was in effect on the day preceding the date of enact-
ment of the Improving America’s Schools Act of 1994) for chil-
dren with disabilities aged 3 through 21.
‘‘(2) If, for fiscal year 1998 or 1999, the number of children
determined under subsection (a)(3) for any State is less than the
total number of children with disabilities, aged 3 through 21,
counted for that State’s fiscal year 1994 grants under this section
and under subpart 2 of part D of chapter 1 of title I of the
Elementary and Secondary Education Act of 1965 (as such subpart
was in effect on the day preceding the date of enactment of the
Improving America’s Schools Act of 1994), then the amount deter-
mined under paragraph (1) for that State shall be reduced by
the same percentage by which the number of those children so
declined.
‘‘(3)(A) 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 paragraphs (1) and (2) for such year,
the Secretary shall ratably reduce the allocations to such States
for such year.
‘‘(B) If additional funds become available for making payments
under paragraphs (1) and (2) for such fiscal year, allocations that
were reduced under subparagraph (A) shall be increased on the
same basis as such allocations were reduced.’’.
(c) DISTRIBUTION.—Subsection (c) of section 611 of the Act
(20 U.S.C. 1411(c)) is amended—
(1) by amending paragraph (1) to read as follows:
H. R. 6—416
‘‘(1) Of the funds received under subsection (a) by any
State for any fiscal year—
‘‘(A) a State may use not more than 25 percent of
such funds in accordance with paragraph (2); and
‘‘(B) except as provided in paragraph (4), the State
shall distribute at least 75 percent of such funds to local
educational agencies and intermediate educational units,
in accordance with subsection (d), for use in accordance
with priorities established under section 612(3).’’; and
(2) in paragraph (2), by amending subparagraph (A) to
read as follows:
‘‘(A) From the funds that any State may use under
paragraph (1)(A) for any fiscal year, the State—
‘‘(i) may use 5 percent of the funds received under
this section or $450,000, whichever is greater, for
administrative costs related to carrying out sections
612 and 613; and
‘‘(ii) shall use the remainder—
‘‘(I) to provide support services and direct serv-
ices, subject to subparagraph (B), in accordance
with priorities established under section 612(3);
and
‘‘(II) for the administrative costs of monitoring
and complaint investigation, but only to the extent
that such costs exceed the costs of administration
incurred during fiscal year 1985.’’.
(d) FORMULA.—Subsection (d) of section 611 of the Act (20
U.S.C. 1411(d)) is amended to read as follows:
‘‘(d)(1) From the total amount of funds available for any fiscal
year under subsection (c)(1)(B), the State shall provide to each
local educational agency or intermediate educational unit an
amount that bears the same ratio to such total amount as the
number of children, aged 3 through 21, determined under subsection
(a)(3) for such agency or unit bears to the total number of such
children determined for all such agencies and units that apply
for such funds.
‘‘(2)(A) To the extent necessary, the State—
‘‘(i) shall use funds available under subsection (c)(2)(A)(ii)
to ensure that each State agency that received funds for fiscal
year 1994 under subpart 2 of part D of chapter 1 of title
I of the Elementary and Secondary Education Act of 1965
(as such subpart was in effect on the day preceding the date
of enactment of the Improving America’s Schools Act of 1994)
receives, from the sum of such funds and funds provided under
paragraph (1), an amount equal to—
‘‘(I) the number of children, aged 6 through 21, deter-
mined under subsection (a)(3) for such agency; multiplied
by
‘‘(II) the per-child amount provided under such subpart
for fiscal year 1994; and
‘‘(ii) may use such funds to ensure that each local edu-
cational agency that received for fiscal year 1994 under such
subpart for children who had transferred from a State-owned,
State-operated, or State-supported school or program assisted
under such subpart receives, from the sum of such funds and
funds provided under paragraph (1), an amount for each such
child, aged 3 through 21, determined under subsection (a)(3)
H. R. 6—417
for such agency, equal to the per-child amount the agency
received under such subpart for fiscal year 1994.
‘‘(B) For the purpose of subparagraph (A), the number of chil-
dren determined under subsection (a)(3) for any State agency or
local educational agency shall not exceed the number of children
aged 3 through 21 for whom such agency received funds under
such subpart for such fiscal year.’’.
(e) JURISDICTIONS.—Paragraph (1) of section 611(e) of the Act
(20 U.S.C. 1411(e)(1)) is amended to read as follows:
‘‘(1) The jurisdictions to which this subsection applies are
Guam, American Samoa, the Virgin Islands, the Commonwealth
of the Northern Mariana Islands, and Palau (until the Compact
of Free Association with the Government of Palau takes
effect).’’.
(f) INSUFFICIENT APPROPRIATIONS.—Subsection (g) of section 611
of the Act (20 U.S.C. 1411(g)) is amended to read as follows:
‘‘(g)(1)(A) If the sums appropriated under subsection (h) for
any fiscal year are not sufficient to pay in full the total of the
amounts that all States are eligible to receive under subsection
(a), each such amount shall be ratably reduced.
‘‘(B) If additional funds become available for making such pay-
ments for any fiscal year, such reduced amounts shall be increased
on the same basis as such payments were reduced.
‘‘(C) Any State that receives any such additional funds shall
distribute such funds in accordance with this section, except that
any State that has used funds available under subsection (c)(2)(A)(ii)
for the purposes described in subsection (d)(2) may—
‘‘(i) deduct, from the amount that the State would otherwise
be required to make available to local educational agencies
and intermediate educational units, the same amount of such
additional funds as the State so used; and
‘‘(ii) use such funds in accordance with subsection
(c)(2)(A)(ii).
‘‘(2)(A) In any fiscal year for which payments have been reduced
and additional funds have not been made available under paragraph
(1) to pay in full the amounts for which all States are eligible
under this section, each State educational agency shall fix dates
by which each local educational agency or intermediate educational
unit shall report to the State agency the amount of funds available
to such agency under this section that such agency estimates such
agency will expend.
‘‘(B) The State educational agency shall, in accordance with
this section, reallocate any funds that the State educational agency
determines will not be used during the period of availability by
local educational agencies and intermediate educational units, and
by any such agency or unit to which such funds would be available
if such agency or unit applied for such funds under this part,
to those local educational agencies and intermediate educational
units that the State educational agency determines will need, and
be able to use, additional funds to carry out approved programs.’’.
SEC. 312. TREATMENT OF CHAPTER 1 STATE AGENCIES.
Part B of the Act (20 U.S.C. 1411 et seq.) is further amended
by inserting after section 614 the following new section:
H. R. 6—418
‘‘TREATMENT OF CHAPTER 1 STATE AGENCIES
‘‘SEC. 614A. (a) For the purpose of making payments under
sections 611 and 619 of this Act, any State agency that received
funds for fiscal year 1994 under subpart 2 of part D of chapter
1 of title I of the Elementary and Secondary Education Act of
1965 (as such subpart was in existence on the day preceding the
date of enactment of the Improving America’s Schools Act of 1994)
shall be treated as if the State agency were a local educational
agency.
‘‘(b) Any State agency which desires to receive payments under
section 611(d) and section 619(c)(3) for any fiscal year shall submit
an application to the State educational agency. Such application
shall—
‘‘(1) include an assurance that all children with disabilities
who are participating in programs and projects funded under
this part receive a free appropriate public education, and that
such children and their parents are provided all the rights
and procedural safeguards described in this part; and
‘‘(2) meet those requirements of section 614 that the Sec-
retary finds appropriate.
‘‘(c) Section 611(c)(4) shall not apply with respect to a State
agency that is eligible for a payment under this part by application
of this section.’’.
SEC. 313. INFANTS AND TODDLERS WITH DISABILITIES.
(a) AMENDMENT.—Subsection (c) of section 684 of the Act (20
U.S.C. 1484) is amended—
(1) by redesignating paragraph (2) as paragraph (6);
(2) by amending paragraph (1) to read as follows:
‘‘(1) Except as provided in paragraphs (3), (4), and (5)
from the funds remaining for each fiscal year after the reserva-
tion 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.’’; and
(3) by inserting after paragraph (1) the following new para-
graphs:
‘‘(2) For fiscal year 1995 only, the Secretary shall allot
$34,000,000 of the remaining funds described in paragraph
(1) among the States in proportion to their relative numbers
of infants and toddlers with disabilities who—
‘‘(A) are counted on December 1, 1994; and
‘‘(B) would have been eligible to be counted under
section 1221(c)(1) of the Elementary and Secondary Edu-
cation Act of 1965 (as such section was in effect on the
day preceding the date of the enactment of the Improving
America’s Schools Act of 1994).
‘‘(3) Except as provided in paragraphs (4) and (5), no State
shall receive an amount under this section for any fiscal year
that is less than the greater of—
‘‘(A) one-half of one percent of the remaining amount
described in paragraph (1), excluding any amounts allotted
under paragraph (2); or
‘‘(B) $500,000.
‘‘(4)(A) Except as provided in paragraph (5), no State shall
receive an amount under this section for any of the fiscal
H. R. 6—419
years 1995 through 1999 that is less than the sum of the
amount such State received for fiscal year 1994 under—
‘‘(i) this part; and
‘‘(ii) subpart 2 of part D of chapter 1 of title I of
the Elementary and Secondary Education Act of 1965 (as
such subpart was in existence on the day preceding the
date of enactment of the Improving America’s Schools Act
of 1994) for children with disabilities from birth through
age 2.
‘‘(B) If, for fiscal year 1998 or 1999, the number of infants
and toddlers in any State, as determined under paragraph
(1), is less than the number of infants and toddlers so deter-
mined for fiscal year 1994, the amount determined under
subparagraph (A) for that State shall be reduced by the same
percentage by which the number of those infants and toddlers
so declined.
‘‘(5)(A) 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 subsection for such
year, the Secretary shall ratably reduce the allocations to such
States for such year.
‘‘(B) If additional funds become available for making pay-
ments under this subsection for such fiscal year, allocations
that were reduced under subparagraph (A) shall be increased
on the same basis as such allocations were reduced.’’.
(b) EFFECTIVE DATE.—Subsection (a) and the amendments
made by subsection (a) shall take effect on October 1, 1994.
SEC. 314. LOCAL CONTROL OVER VIOLENCE.
(a) AMENDMENTS.—
(1) IN GENERAL.—Paragraph (3) of section 615(e) of the
Act (20 U.S.C. 1415(e)(3)) is amended—
(A) by striking ‘‘During’’ and inserting ‘‘(A) Except as
provided in subparagraph (B), during’’; and
(B) by adding at the end the following new subpara-
graph:
‘‘(B)(i) Except as provided in clause (iii), if the proceedings
conducted pursuant to this section involve a child with a disabil-
ity who is determined to have brought a weapon to school
under the jurisdiction of such agency, then the child may be
placed in an interim alternative educational setting, in accord-
ance with State law, for not more than 45 days.
‘‘(ii) The interim alternative educational setting described
in clause (i) shall be decided by the individuals described in
section 602(a)(20).
‘‘(iii) If a parent or guardian of a child described in clause
(i) requests a due process hearing pursuant to paragraph (2)
of subsection (b), then the child shall remain in the alternative
educational setting described in such clause during the pend-
ency of any proceedings conducted pursuant to this section,
unless the parents and the local educational agency agree other-
wise.
‘‘(iv) For the purpose of this section, the term ‘weapon’
means a firearm as such term is defined in section 921 of
title 18, United States Code.’’.
(2) EFFECTIVE DATE.—Paragraph (1) and the amendments
made by paragraph (1) shall be effective during the period
H. R. 6—420
beginning on the date of enactment of this Act and ending
on the date of enactment of an Act (enacted after the date
of the enactment of this Act) that reauthorizes the Individuals
with Disabilities Education Act.
(b) LIMITATION.—Nothing in the Individuals with Disabilities
Education Act shall supersede the provisions of section 14601 of
the Elementary and Secondary Education Act if a child’s behavior
is unrelated to such child’s disability, except that this section shall
be interpreted in a manner that is consistent with the Department’s
final guidance concerning State and local responsibilities under
the Gun-Free Schools Act of 1994.
SEC. 315. FAMILY SUPPORT FOR FAMILIES OF CHILDREN WITH
DISABILITIES.
The Individuals with Disabilities Education Act (20 U.S.C. 1400
et seq.) is amended by adding at the end the following new part:
‘‘PART I—FAMILY SUPPORT
‘‘SEC. 701. SHORT TITLE.
‘‘This part may be cited as the ‘Families of Children With
Disabilities Support Act of 1994’.
‘‘SEC. 702. FINDINGS, PURPOSES, AND POLICY.
‘‘(a) FINDINGS.—The Congress makes the following findings:
‘‘(1) It is in the best interest of our Nation to preserve,
strengthen, and maintain the family.
‘‘(2) Families are the greatest natural resource available
to their children and are the major providers of support, care,
and training of their children.
‘‘(3) Families of children with disabilities enrich the lives
of all citizens through the contributions of such families to
the economic, health, and social fabric of their community,
State, and Nation.
‘‘(4) A growing number of families are searching for ways
to empower themselves to raise their children with disabilities
at home and in their communities. Supporting such families
to enable them to care for their children with disabilities at
home is efficient and can be cost-effective.
‘‘(5) Children, including children with disabilities, benefit
from enduring family relationships in a nurturing home
environment.
‘‘(6) Many families experience exceptionally high financial
outlays and significant physical and emotional challenges in
meeting the special needs of their children with disabilities.
‘‘(7) There are financial disincentives for families to care
for their children with disabilities at home.
‘‘(8) Most families of children with disabilities do not have
access to family-centered and family-directed services to support
such families in their efforts to care for their children with
disabilities at home.
‘‘(9) There is a need in each State for a comprehensive,
coordinated, interagency system of family support for families
of children with disabilities that is family-centered and family-
directed, is easily accessible, avoids duplication, uses existing
resources more efficiently, and prevents gaps in services to
families in all areas of the State.
H. R. 6—421
‘‘(10) The goals of the Nation properly include the goal
of providing families of children with disabilities the family
support necessary to accomplish the following:
‘‘(A) To support the family.
‘‘(B) To enable families of children with disabilities
to nurture and enjoy their children at home.
‘‘(C) To enable families of children with disabilities
to make informed choices and decisions regarding the
nature of services, supports, and resources made available
to such families.
‘‘(b) PURPOSES.—The purposes of this part are as follows:
‘‘(1) To provide financial assistance to the States to support
systems change activities designed to assist each State to
develop and implement, or expand and enhance, a family-cen-
tered and family-directed, culturally competent, community-
centered, comprehensive, statewide system of family support
for families of children with disabilities that is designed to—
‘‘(A) ensure the full participation, choice and control
of families of children with disabilities in decisions related
to the provision of such family support for their family;
‘‘(B) ensure the active involvement of families of chil-
dren with disabilities in the planning, development,
implementation, and evaluation of such a statewide system;
‘‘(C) increase the availability of, funding for, access
to, and provision of family support for families of children
with disabilities;
‘‘(D) promote training activities that are family-cen-
tered and family-directed and that enhance the ability of
family members of children with disabilities to increase
participation, choice, and control in the provision of family
support for families of children with disabilities;
‘‘(E) increase and promote interagency coordination
among State agencies, and between State agencies and
private entities that are involved in carrying out activities
under section 708; and
‘‘(F) increase the awareness of laws, regulations, poli-
cies, practices, procedures, and organizational structures,
which facilitate or impede the availability or provision of
family support for families of children with disabilities.
‘‘(2) To enhance the ability of the Federal Government
to—
‘‘(A) identify Federal policies that facilitate or impede
family support for families of children with disabilities,
and that are consistent with the principles in subsection
(c);
‘‘(B) provide States with technical assistance and
information relating to the provision of family support for
families of children with disabilities;
‘‘(C) conduct an evaluation of the program of grants
to States; and
‘‘(D) provide funding for model demonstration and
innovation projects.
‘‘(c) POLICY.—It is the policy of the United States that all
programs, projects, and activities receiving assistance under this
part shall be family-centered and family-directed and shall be car-
ried out in a manner consistent with the following principles:
H. R. 6—422
‘‘(1) Family support for families of children with disabilities
must focus on the needs of the entire family.
‘‘(2) Families of children with disabilities should be sup-
ported in determining their needs and in making decisions
concerning necessary, desirable, and appropriate services.
‘‘(3) Families should play decisionmaking roles in policies
and programs that affect the lives of such families.
‘‘(4) Family needs change over time and family support
for families of children with disabilities must offer options
that are flexible and responsive to the unique needs and
strengths and cultural values of individual families.
‘‘(5) Family support for families of children with disabilities
is proactive and not solely in response to a crisis.
‘‘(6) Families must be supported in their efforts to promote
the integration and inclusion of their children with disabilities
into all aspects of community life.
‘‘(7) Family support for families of children with disabilities
should promote the use of existing social networks, strengthen
natural sources of support, and help build connections to exist-
ing community resources and services.
‘‘(8) Youth with disabilities should be involved in decision-
making about their own lives, consistent with the unique
strengths, resources, priorities, concerns, abilities, and capabili-
ties of each such youth.
‘‘(9) Services and supports must be provided in a manner
that demonstrates respect for individual dignity, personal
responsibility, self-determination, personal preferences, and cul-
tural differences of families.
‘‘(d) RULE OF CONSTRUCTION.—Nothing in this part shall be
construed to prevent families from choosing an out-of-home place-
ment for their children with disabilities, including institutional
placement for such children.
‘‘SEC. 703. DEFINITIONS.
‘‘For the purposes of this part, only the following definitions
shall apply:
‘‘(1) CHILD
WITH
A
DISABILITY.—The term ‘child with a
disability’ means an individual who from birth through 21
years of age meets the definition of disability under paragraph
(4).
‘‘(2) COUNCIL.—The term ‘Council’ means an existing Coun-
cil, or a new Council, which is considered as a State Policy
Council for Families of Children with Disabilities under section
707.
‘‘(3) CULTURALLY COMPETENT.—The term ‘culturally com-
petent’ means services, supports, or other assistance that is
conducted or provided in a manner that—
‘‘(A) is responsive to the beliefs, interpersonal styles,
attitudes, language, and behaviors of those individuals
receiving services; and
‘‘(B) has the greatest likelihood of ensuring maximum
participation of such individuals.
‘‘(4) DISABILITY.—The term ‘disability’ means—
‘‘(A) in the case of an individual 6 years of age or
older, a significant physical or mental impairment as
defined pursuant to State policy to the extent that such
H. R. 6—423
policy is established without regard to type of disability;
and
‘‘(B) in the case of infants and young children, birth
to age 5, inclusive, a substantial developmental delay or
specific congenital or acquired conditions with a high prob-
ability of resulting in a disability if services are not pro-
vided.
‘‘(5) EXISTING COUNCIL.—The term ‘existing Council’ means
an entity or a committee of an entity that—
‘‘(A) is established by a State prior to the date on
which the State submits an application for funding under
this part;
‘‘(B) has authority to advise the State with respect
to family support for families of children with disabilities;
and
‘‘(C) may have the authority to carry out other respon-
sibilities and duties.
‘‘(6) FAMILY.—The term ‘family’ means a group of inter-
dependent persons residing in the same household that consists
of a child with a disability and one or more of the following:
‘‘(A) A mother, father, brother, sister or any combina-
tion.
‘‘(B) Extended blood relatives, such as a grandparent,
aunt, or uncle.
‘‘(C) An adoptive parent.
‘‘(D) One or more persons to whom legal custody of
a child with a disability has been given by a court.
‘‘(E) A person providing short-term foster care that
includes a family reunification plan with the biological
family.
‘‘(F) A person providing long-term foster care for a
child with a disability.
The term does not include employees who, acting in their
paid employment capacity, provide services to children with
disabilities in out-of-home settings such as hospitals, nursing
homes, personal care homes, board and care homes, group
homes, or other facilities.
‘‘(7) FAMILY-CENTERED
AND
FAMILY-DIRECTED.—The term
‘family-centered and family-directed’ means, with respect to
a service or program, that the service or program—
‘‘(A) facilitates the full participation, choice, and control
by families of children with disabilities in—
‘‘(i) decisions relating to the supports that will
meet the priorities of the family; and
‘‘(ii) the planning, development, implementation,
and evaluation of the statewide system of family sup-
port for families of children with disabilities;
‘‘(B) responds to the needs of the entire family of a
child with a disability in a timely and appropriate manner;
and
‘‘(C) is easily accessible to and usable by families of
children with disabilities.
‘‘(8) FAMILY SATISFACTION.—The term ‘family satisfaction’
means the extent to which a service or support meets a need,
solves a problem, or adds value for a family, as determined
by the individual family.
H. R. 6—424
‘‘(9) FAMILY
SUPPORT
FOR
FAMILIES
OF
CHILDREN
WITH
DISABILITIES.—The term ‘family support for families of children
with disabilities’—
‘‘(A) means supports, resources, services, and other
assistance provided to families of children with disabilities
that are designed to—
‘‘(i) support families in the efforts of such families
to raise their children with disabilities in the family
home;
‘‘(ii) strengthen the role of the family as primary
caregiver;
‘‘(iii) prevent inappropriate and unwanted out-of-
the-home placement and maintain family unity; and
‘‘(iv) reunite families with children with disabilities
who have been placed out of the home, whenever pos-
sible; and
‘‘(B) includes—
‘‘(i) service coordination that includes individual-
ized planning and brokering for services with families
in control of decisionmaking;
‘‘(ii) goods and services, which may include special-
ized diagnosis and evaluation, adaptive equipment, res-
pite care (in and out of the home), personal assistance
services, homemaker or chore services, behavioral sup-
ports, assistive technology services and devices,
permanency or future planning, home and vehicle
modifications and repairs, equipment and consumable
supplies, transportation, specialized nutrition and
clothing, counseling services and mental health serv-
ices for family members, family education or training
services, communication services, crisis intervention,
day care and child care for a child with a disability,
supports and services for integrated and inclusive
community activities, parent or family member support
groups, peer support, sitter service or companion serv-
ice, and education aids; and
‘‘(iii) financial assistance, which may include
discretionary cash subsidies, allowances, voucher or
reimbursement systems, low-interest loans, or lines of
credit.
‘‘(10) INTEGRATION AND INCLUSION.—The term ‘integration
and inclusion’ with respect to children with disabilities and
their families means—
‘‘(A) the use of the same community resources that
are used by and available to other individuals and families;
‘‘(B) the full and active participation in the same
community activities and utilization of the same community
resources as individuals without disabilities, living, learn-
ing, working, and enjoying life in regular contact with
individuals without disabilities; and
‘‘(C) having friendships and relationships with individ-
uals and families of their own choosing.
‘‘(11) LEAD ENTITY.—The term ‘lead entity’ means an office
or entity described in section 706.
‘‘(12) NEW COUNCIL.—The term ‘new Council’ means a coun-
cil that is established by a State, and considered as the State
H. R. 6—425
Policy Council for Families of Children with Disabilities, under
section 707(a).
‘‘(13) SECRETARY.—The term ‘Secretary’ means the Sec-
retary of Health and Human Services.
‘‘(14) SERVICE COORDINATION.—The term ‘service coordina-
tion’—
‘‘(A) means those family-centered and family-directed
activities that assist and enable families to receive rights
and procedural safeguards and to gain access to social,
medical, legal, educational, and other supports and serv-
ices; and
‘‘(B) includes—
‘‘(i) follow-along services that assure, through a
continuing relationship between a family of a child
with a disability and an individual or entity, that the
changing needs of the child and family are recognized
and appropriately met;
‘‘(ii) the coordination and monitoring of services
provided to children with disabilities and their families;
‘‘(iii) the provision of information to children with
disabilities and their families about the availability
of services and assistance to such children and their
families in obtaining appropriate services; and
‘‘(iv) the facilitation and organization of existing
social networks, and natural sources of support, and
community resources and services.
‘‘(15) STATEWIDE SYSTEM OF FAMILY SUPPORT.—The term
‘statewide system of family support for families of children
with disabilities’ means a family-centered and family-directed,
culturally 
competent, 
community-centered, 
comprehensive,
statewide system of family support for families of children
with disabilities developed and implemented by a State under
this part that—
‘‘(A) addresses the needs of all families of children
with disabilities, including unserved and underserved popu-
lations; and
‘‘(B) addresses such needs without regard to the age,
type of disability, race, ethnicity, or gender of such children
or the particular major life activity for which such children
need the assistance.
‘‘(16) SYSTEMS
CHANGE
ACTIVITIES.—The term ‘systems
change activities’ means efforts that result in laws, regulations,
policies, practices, or organizational structures—
‘‘(A) that are family-centered and family-directed;
‘‘(B) that facilitate and increase access to, provision
of, and funding for, family support services for families
of children with disabilities; and
‘‘(C) that otherwise accomplish the purposes of this
part.
‘‘(17) UNSERVED
AND
UNDERSERVED
POPULATIONS.—The
term ‘unserved and underserved populations’ includes popu-
lations such as individuals from racial and ethnic minority
backgrounds, economically disadvantaged individuals, individ-
uals with limited-English proficiency, individuals from under-
served geographic areas (rural or urban), and specific groups
of individuals within the population of individuals with disabil-
ities, including individuals with disabilities attributable to