H. R. 5—96
‘‘(A) for activities that are designed to benefit children
with disabilities, their families, or the personnel employed
to work with such children or their families; or
‘‘(B) to benefit other individuals with disabilities that
such chapter is intended to benefit.
‘‘(2) PRIORITY
FOR
PARTICULAR
ACTIVITIES.—Subject to
paragraph (1), the Secretary, in making an award of a grant,
contract, or cooperative agreement under this subpart, may,
without regard to the rule making procedures under section
553 of title 5, United States Code, limit competitions to, or
otherwise give priority to—
‘‘(A) projects that address one or more—
‘‘(i) age ranges;
‘‘(ii) disabilities;
‘‘(iii) school grades;
‘‘(iv) types of educational placements or early inter-
vention environments;
‘‘(v) types of services;
‘‘(vi) content areas, such as reading; or
‘‘(vii) effective strategies for helping children with
disabilities learn appropriate behavior in the school
and other community-based educational settings;
‘‘(B) projects that address the needs of children based
on the severity of their disability;
‘‘(C) projects that address the needs of—
‘‘(i) low-achieving students;
‘‘(ii) underserved populations;
‘‘(iii) children from low-income families;
‘‘(iv) children with limited English proficiency;
‘‘(v) unserved and underserved areas;
‘‘(vi) particular types of geographic areas; or
‘‘(vii) children whose behavior interferes with their
learning and socialization;
‘‘(D) projects to reduce inappropriate identification of
children as children with disabilities, particularly among
minority children;
‘‘(E) projects that are carried out in particular areas
of the country, to ensure broad geographic coverage; and
‘‘(F) any activity that is expressly authorized in chapter
1 or 2.
‘‘(f ) APPLICANT AND RECIPIENT RESPONSIBILITIES.—
‘‘(1) DEVELOPMENT
AND
ASSESSMENT
OF
PROJECTS.—The
Secretary shall require that an applicant for, and a recipient
of, a grant, contract, or cooperative agreement for a project
under this subpart—
‘‘(A) involve individuals with disabilities or parents
of individuals with disabilities 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, contract, or cooperative agree-
ment for a project under this subpart—
‘‘(A) to share in the cost of the project;
‘‘(B) to prepare the research and evaluation findings
and products from the project in formats that are useful
H. R. 5—97
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 recipients in carry-
ing out subparagraphs (B) and (C).
‘‘(g) APPLICATION MANAGEMENT.—
‘‘(1) STANDING PANEL.—
‘‘(A) IN GENERAL.—The Secretary shall establish and
use a standing panel of experts who are competent, 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 financial assistance.
‘‘(B) MEMBERSHIP.—The standing panel shall include,
at a minimum—
‘‘(i) individuals who are representatives of institu-
tions of higher education that plan, develop, and carry
out programs of personnel preparation;
‘‘(ii) individuals who design and carry out programs
of research targeted to the improvement of special
education programs and services;
‘‘(iii) individuals who have recognized experience
and knowledge necessary to integrate and apply
research findings to improve educational and transi-
tional results for children with disabilities;
‘‘(iv) individuals who administer programs at the
State or local level in which children with disabilities
participate;
‘‘(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 children with disabilities;
‘‘(vii) individuals who are parents of children with
disabilities who are benefiting, or have benefited, from
coordinated research, personnel preparation, and tech-
nical assistance; and
‘‘(viii) individuals with disabilities.
‘‘(C) TRAINING.—The Secretary shall provide training
to the individuals who are selected as members of the
standing panel under this paragraph.
‘‘(D) TERM.—No individual shall serve on the standing
panel for more than 3 consecutive years, unless the
Secretary determines that the individual’s continued
participation is necessary for the sound administration of
this subpart.
‘‘(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—
‘‘(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, individuals with disabilities, and per-
sons from diverse backgrounds.
H. R. 5—98
‘‘(B) FEDERAL EMPLOYMENT LIMITATION.—A majority of
the individuals on each sub-panel that reviews an applica-
tion under this subpart shall be individuals who are not
employees of the Federal Government.
‘‘(3) USE
OF
DISCRETIONARY
FUNDS
FOR
ADMINISTRATIVE
PURPOSES.—
‘‘(A) EXPENSES AND FEES OF NON-FEDERAL PANEL MEM-
BERS.—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 Federal Govern-
ment.
‘‘(B) ADMINISTRATIVE SUPPORT.—The Secretary may use
not more than 1 percent of the funds appropriated to carry
out this subpart to pay non-Federal entities for administra-
tive support related to management of applications
submitted under this subpart.
‘‘(C) MONITORING.—The Secretary may use funds avail-
able under this subpart to pay the expenses of Federal
employees to conduct on-site monitoring of projects receiv-
ing $500,000 or more for any fiscal year under this subpart.
‘‘(h) PROGRAM EVALUATION.—The Secretary may use funds
appropriated to carry out this subpart to evaluate activities carried
out under the subpart.
‘‘(i) 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 follow-
ing needs:
‘‘(A) $12,832,000 to address the educational, related
services, transitional, and early intervention needs of
children with deaf-blindness.
‘‘(B) $4,000,000 to address the postsecondary, voca-
tional, technical, continuing, and adult education needs
of individuals with deafness.
‘‘(C) $4,000,000 to address the educational, related
services, and transitional needs of children with an emo-
tional disturbance and those who are at risk of developing
an emotional disturbance.
‘‘(2) RATABLE REDUCTION.—If the total amount appropriated
to carry out sections 672, 673, and 685 for any fiscal year
is less than $130,000,000, the amounts listed in paragraph
(1) shall be ratably reduced.
‘‘(j) ELIGIBILITY FOR FINANCIAL ASSISTANCE.—Effective 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 institution or agency may receive a grant
under this subpart which relates exclusively to programs, projects,
and activities pertaining to children aged 3 through 5, inclusive,
unless the State is eligible to receive a grant under section 619(b).
H. R. 5—99
‘‘Chapter 1—Improving Early Intervention, Edu-
cational, and Transitional Services and Results
for Children with Disabilities through Coordi-
nated Research and Personnel Preparation
‘‘SEC. 671. FINDINGS AND PURPOSE.
‘‘(a) FINDINGS.—The Congress finds the following:
‘‘(1) The Federal Government has an ongoing obligation
to support programs, projects, and activities that contribute
to positive results for children with disabilities, enabling them—
‘‘(A) to meet their early intervention, educational, and
transitional goals and, to the maximum extent possible,
educational standards that have been established for all
children; and
‘‘(B) to acquire the skills that will empower them to
lead productive and independent adult lives.
‘‘(2)(A) As a result of more than 20 years of Federal support
for research, demonstration projects, and personnel preparation,
there is an important knowledge base for improving results
for children with disabilities.
‘‘(B) Such knowledge should be used by States and local
educational agencies to design and implement state-of-the-art
educational systems that consider the needs of, and include,
children with disabilities, especially in environments in which
they can learn along with their peers and achieve results meas-
ured by the same standards as the results of their peers.
‘‘(3)(A) Continued Federal support is essential for the devel-
opment and maintenance of a coordinated and high-quality
program of research, demonstration projects, dissemination of
information, and personnel preparation.
‘‘(B) Such support—
‘‘(i) enables State educational agencies and local edu-
cational agencies to improve their educational systems and
results for children with disabilities;
‘‘(ii) enables State and local agencies to improve early
intervention services and results for infants and toddlers
with disabilities and their families; and
‘‘(iii) enhances the opportunities for general and special
education personnel, related services personnel, parents,
and paraprofessionals to participate in pre-service and in-
service training, to collaborate, and to improve results for
children with disabilities and their families.
‘‘(4) The Federal Government plays a critical role in facili-
tating the availability of an adequate number of qualified
personnel—
‘‘(A) to serve effectively the over 5,000,000 children
with disabilities;
‘‘(B) to assume leadership positions in administrative
and direct-service capacities related to teacher training
and research concerning the provision of early intervention
services, special education, and related services; and
‘‘(C) to work with children with low-incidence disabil-
ities and their families.
‘‘(5) The Federal Government performs the role described
in paragraph (4)—