228
HR 1350 RFS 
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:
229
HR 1350 RFS 
‘‘(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.
230
HR 1350 RFS 
‘‘(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.
‘‘(J) MENTAL HEALTH AGENCY.—At least 
one representative from the State agency re-
sponsible for children’s mental health. 
‘‘(K) CHILD WELFARE AGENCY.—At least 
one representative from the State agency re-
sponsible for child protective services. 
‘‘(L) OFFICE OF THE COORDINATOR FOR 
THE EDUCATION OF HOMELESS CHILDREN AND
231
HR 1350 RFS 
YOUTH.—At least one representative designated 
by the Office of the Coordinator. 
‘‘(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 
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.
232
HR 1350 RFS 
‘‘(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-
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-
233
HR 1350 RFS 
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. 
‘‘(f) CONFLICT OF INTEREST.—No member of the 
council shall cast a vote on any matter that would provide 
direct financial benefit to that member or otherwise give 
the appearance of a conflict of interest under State law. 
‘‘SEC. 642. FEDERAL ADMINISTRATION. 
‘‘Sections 616, 617, and 618 shall, to the extent not 
inconsistent with this part, apply to the program author-
ized by this part, except that—
‘‘(1) any reference in such sections to a State 
educational agency shall be considered to be a ref-
erence to a State’s lead agency established or des-
ignated under section 635(a)(10); 
‘‘(2) any reference in such sections to a local 
educational agency, educational service agency, or a 
State agency shall be considered to be a reference to 
an early intervention service provider under this 
part; and
234
HR 1350 RFS 
‘‘(3) any reference to the education of children 
with disabilities or the education of all children with 
disabilities shall be considered to be a reference to 
the provision of appropriate early intervention serv-
ices to infants and toddlers with disabilities. 
‘‘SEC. 643. ALLOCATION OF FUNDS. 
‘‘(a) RESERVATION
OF
FUNDS
FOR
OUTLYING 
AREAS.—
‘‘(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-
235
HR 1350 RFS 
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 
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
236
HR 1350 RFS 
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 
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
237
HR 1350 RFS 
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(h)(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 
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 greater of—
238
HR 1350 RFS 
‘‘(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-
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.
239
HR 1350 RFS 
‘‘(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.’’. 
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-
240
HR 1350 RFS 
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 
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-
241
HR 1350 RFS 
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 
health, and other services, to address the full 
range of student needs, particularly the needs 
of children with disabilities who need significant 
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, fill leadership posi-
tions in administrative and direct-service capacities, 
provide teacher training, and conduct high-quality 
research 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
242
HR 1350 RFS 
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-
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 research on special education 
and related services, and to address the full range 
of issues facing children with disabilities, parents of 
children with disabilities, school personnel, and oth-
ers. 
‘‘(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.
243
HR 1350 RFS 
‘‘(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 training and information activities 
assist parents of a child with a disability in dealing 
with the multiple pressures of parenting such a child 
and are of particular importance 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;
244
HR 1350 RFS 
‘‘(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 
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
245
HR 1350 RFS 
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 related and transition services in order 
to improve results for children with disabilities. 
‘‘SEC. 653. ELIGIBILITY AND COLLABORATIVE PROCESS. 
‘‘(a) ELIGIBLE APPLICANTS.—A State educational 
agency may apply for a grant under this subpart for a 
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, at least 
one institution of higher education in the State, 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.
246
HR 1350 RFS 
‘‘(B) Parents of children with disabilities 
ages birth through 26. 
‘‘(C) Parents of nondisabled children ages 
birth through 26. 
‘‘(D) Individuals with disabilities. 
‘‘(E) Organizations representing individ-
uals with disabilities and their parents, such as 
parent training and information centers. 
‘‘(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, related services personnel, and early inter-
vention 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.
247
HR 1350 RFS 
‘‘(N) The State vocational rehabilitation 
agency. 
‘‘(O) Public agencies with jurisdiction in 
the areas of health, mental health, social serv-
ices, and juvenile justice. 
‘‘(P) Other providers of professional devel-
opment that work with students with disabil-
ities. 
‘‘(Q) Other individuals. 
‘‘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, related services per-
sonnel, and individuals who provide direct supple-
mentary aids and services to children with disabil-
ities, and that—
‘‘(A) is integrated, to the maximum extent 
possible, with State plans under the Elementary
261
HR 1350 RFS 
‘‘(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. 
‘‘(xi) Coordinating with, and expand-
ing, centers established under section 
2113(c)(18) of the Elementary and Sec-
ondary Education Act of 1965 to benefit 
special education teachers. 
‘‘(2) CONTRACTS AND SUBGRANTS.—Each such 
State educational agency—
‘‘(A) shall, consistent with its partnership 
agreement under section 654(b)(1), award con-
tracts or subgrants to local educational agen-
cies, institutions of higher education, and par-
ent training and information centers, as appro-
priate, 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.
262
HR 1350 RFS 
‘‘(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 
‘‘(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—