H. R. 1350—93
‘‘(D) The incidence and duration of disciplinary actions
by race, ethnicity, limited English proficiency status, gender,
and disability category, of children with disabilities, including
suspensions of 1 day or more.
‘‘(E) The number and percentage of children with disabil-
ities who are removed to alternative educational settings or
expelled as compared to children without disabilities who are
removed to alternative educational settings or expelled.
‘‘(F) The number of due process complaints filed under
section 615 and the number of hearings conducted.
‘‘(G) The number of hearings requested under section 615(k)
and the number of changes in placements ordered as a result
of those hearings.
‘‘(H) The number of mediations held and the number of
settlement agreements reached through such mediations.
‘‘(2) The number and percentage of infants and toddlers,
by race, and ethnicity, who are at risk of having substantial
developmental delays (as defined in section 632), and who are
receiving early intervention services under part C.
‘‘(3) Any other information that may be required by the
Secretary.
‘‘(b) DATA REPORTING.—
‘‘(1) 
PROTECTION
OF
IDENTIFIABLE
DATA.—The 
data
described in subsection (a) shall be publicly reported by each
State in a manner that does not result in the disclosure of
data identifiable to individual children.
‘‘(2) SAMPLING.—The Secretary may permit States and the
Secretary of the Interior to obtain the data described in sub-
section (a) through sampling.
‘‘(c) TECHNICAL ASSISTANCE.—The Secretary may provide tech-
nical assistance to States to ensure compliance with the data collec-
tion and reporting requirements under this title.
‘‘(d) DISPROPORTIONALITY.—
‘‘(1) IN
GENERAL.—Each State that receives assistance
under this part, and the Secretary of the Interior, shall provide
for the collection and examination of data to determine if signifi-
cant disproportionality based on race and ethnicity is occurring
in the State and the local educational agencies of the State
with respect to—
‘‘(A) the identification of children as children with
disabilities, including the identification of children as chil-
dren with disabilities in accordance with a particular
impairment described in section 602(3);
‘‘(B) the placement in particular educational settings
of such children; and
‘‘(C) the incidence, duration, and type of disciplinary
actions, including suspensions and expulsions.
‘‘(2) REVIEW AND REVISION OF POLICIES, PRACTICES, AND
PROCEDURES.—In the case of a determination of significant
disproportionality with respect to the identification of children
as children with disabilities, or the placement in particular
educational settings of such children, in accordance with para-
graph (1), the State or the Secretary of the Interior, as the
case may be, shall—
‘‘(A) provide for the review and, if appropriate, revision
of the policies, procedures, and practices used in such
identification or placement to ensure that such policies,
H. R. 1350—94
procedures, and practices comply with the requirements
of this title;
‘‘(B) require any local educational agency identified
under paragraph (1) to reserve the maximum amount of
funds under section 613(f) to provide comprehensive coordi-
nated early intervening services to serve children in the
local educational agency, particularly children in those
groups that were significantly overidentified under para-
graph (1); and
‘‘(C) require the local educational agency to publicly
report on the revision of policies, practices, and procedures
described under subparagraph (A).
‘‘SEC. 619. PRESCHOOL GRANTS.
‘‘(a) IN GENERAL.—The Secretary shall provide grants under
this section to assist States to provide special education and related
services, in accordance with this part—
‘‘(1) to children with disabilities aged 3 through 5, inclusive;
and
‘‘(2) at the State’s discretion, to 2-year-old children with
disabilities who will turn 3 during the school year.
‘‘(b) ELIGIBILITY.—A State shall be eligible for a grant under
this section if such State—
‘‘(1) is eligible under section 612 to receive a grant under
this part; and
‘‘(2) makes a free appropriate public education available
to all children with disabilities, aged 3 through 5, residing
in the State.
‘‘(c) ALLOCATIONS TO STATES.—
‘‘(1) IN GENERAL.—The Secretary shall allocate the amount
made available to carry out this section for a fiscal year among
the States in accordance with paragraph (2) or (3), as the
case may be.
‘‘(2) INCREASE IN FUNDS.—If the amount available for alloca-
tions to States under paragraph (1) for a fiscal year is equal
to or greater than the amount allocated to the States under
this section for the preceding fiscal year, those allocations shall
be calculated as follows:
‘‘(A) ALLOCATION.—
‘‘(i) IN GENERAL.—Except as provided in subpara-
graph (B), the Secretary shall—
‘‘(I) allocate to each State the amount the State
received under this section for fiscal year 1997;
‘‘(II) allocate 85 percent of any remaining
funds to States on the basis of the States’ relative
populations of children aged 3 through 5; and
‘‘(III) allocate 15 percent of those remaining
funds to States on the basis of the States’ relative
populations of all children aged 3 through 5 who
are living in poverty.
‘‘(ii) DATA.—For the purpose of making grants
under this paragraph, the Secretary shall use the most
recent population data, including data on children
living in poverty, that are available and satisfactory
to the Secretary.
H. R. 1350—95
‘‘(B) LIMITATIONS.—Notwithstanding subparagraph (A),
allocations under this paragraph shall be subject to the
following:
‘‘(i) PRECEDING YEARS.—No State’s allocation shall
be less than its allocation under this section for the
preceding fiscal year.
‘‘(ii) MINIMUM.—No State’s allocation shall be less
than the greatest of—
‘‘(I) the sum of—
‘‘(aa) the amount the State received under
this section for fiscal year 1997; and
‘‘(bb) 1⁄3 of 1 percent of the amount by
which the amount appropriated under sub-
section (j) for the fiscal year exceeds the
amount appropriated for this section for fiscal
year 1997;
‘‘(II) the sum of—
‘‘(aa) the amount the State received under
this section for the preceding fiscal year; and
‘‘(bb) that amount multiplied by the
percentage by which the increase in the funds
appropriated under this section from the pre-
ceding fiscal year exceeds 1.5 percent; or
‘‘(III) the sum of—
‘‘(aa) the amount the State received under
this section for the preceding fiscal year; and
‘‘(bb) that amount multiplied by 90 percent
of the percentage increase in the amount
appropriated under this section from the pre-
ceding fiscal year.
‘‘(iii) MAXIMUM.—Notwithstanding clause (ii), no
State’s allocation under this paragraph shall exceed
the sum of—
‘‘(I) the amount the State received under this
section for the preceding fiscal year; and
‘‘(II) that amount multiplied by the sum of
1.5 percent and the percentage increase in the
amount appropriated under this section from the
preceding fiscal year.
‘‘(C) RATABLE REDUCTIONS.—If the amount available
for allocations under this paragraph is insufficient to pay
those allocations in full, those allocations shall be ratably
reduced, subject to subparagraph (B)(i).
‘‘(3) DECREASE
IN
FUNDS.—If the amount available for
allocations to States under paragraph (1) for a fiscal year
is less than the amount allocated to the States under this
section for the preceding fiscal year, those allocations shall
be calculated as follows:
‘‘(A) ALLOCATIONS.—If the amount available for alloca-
tions is greater than the amount allocated to the States
for fiscal year 1997, each State shall be allocated the sum
of—
‘‘(i) the amount the State received under this sec-
tion for fiscal year 1997; and
‘‘(ii) an amount that bears the same relation to
any remaining funds as the increase the State received
under this section for the preceding fiscal year over
H. R. 1350—96
fiscal year 1997 bears to the total of all such increases
for all States.
‘‘(B) RATABLE REDUCTIONS.—If the amount available
for allocations is equal to or less than the amount allocated
to the States for fiscal year 1997, each State shall be
allocated the amount the State received for fiscal year
1997, ratably reduced, if necessary.
‘‘(d) RESERVATION FOR STATE ACTIVITIES.—
‘‘(1) IN GENERAL.—Each State may reserve not more than
the amount described in paragraph (2) for administration and
other State-level activities in accordance with subsections (e)
and (f).
‘‘(2) AMOUNT DESCRIBED.—For each fiscal year, the Sec-
retary shall determine and report to the State educational
agency an amount that is 25 percent of the amount the State
received under this section for fiscal year 1997, cumulatively
adjusted by the Secretary for each succeeding fiscal year by
the lesser of—
‘‘(A) the percentage increase, if any, from the preceding
fiscal year in the State’s allocation under this section;
or
‘‘(B) the percentage increase, if any, from the preceding
fiscal year in the Consumer Price Index For All Urban
Consumers published by the Bureau of Labor Statistics
of the Department of Labor.
‘‘(e) STATE ADMINISTRATION.—
‘‘(1) IN GENERAL.—For the purpose of administering this
section (including the coordination of activities under this part
with, and providing technical assistance to, other programs
that provide services to children with disabilities) a State may
use not more than 20 percent of the maximum amount the
State may reserve under subsection (d) for any fiscal year.
‘‘(2) ADMINISTRATION OF PART C.—Funds described in para-
graph (1) may also be used for the administration of part
C.
‘‘(f) OTHER STATE-LEVEL ACTIVITIES.—Each State shall use any
funds the State reserves under subsection (d) and does not use
for administration under subsection (e)—
‘‘(1) for support services (including establishing and imple-
menting the mediation process required by section 615(e)),
which may benefit children with disabilities younger than 3
or older than 5 as long as those services also benefit children
with disabilities aged 3 through 5;
‘‘(2) for direct services for children eligible for services
under this section;
‘‘(3) for activities at the State and local levels to meet
the performance goals established by the State under section
612(a)(15);
‘‘(4) to supplement other funds used to develop and imple-
ment a statewide coordinated services system designed to
improve results for children and families, including children
with disabilities and their families, but not more than 1 percent
of the amount received by the State under this section for
a fiscal year;
‘‘(5) to provide early intervention services (which shall
include an educational component that promotes school readi-
ness and incorporates preliteracy, language, and numeracy
H. R. 1350—97
skills) in accordance with part C to children with disabilities
who are eligible for services under this section and who pre-
viously received services under part C until such children enter,
or are eligible under State law to enter, kindergarten; or
‘‘(6) at the State’s discretion, to continue service coordina-
tion or case management for families who receive services under
part C.
‘‘(g) SUBGRANTS TO LOCAL EDUCATIONAL AGENCIES.—
‘‘(1) SUBGRANTS
REQUIRED.—Each State that receives a
grant under this section for any fiscal year shall distribute
all of the grant funds that the State does not reserve under
subsection (d) to local educational agencies in the State that
have established their eligibility under section 613, as follows:
‘‘(A) BASE PAYMENTS.—The State shall first award each
local educational agency described in paragraph (1) the
amount that agency would have received under this section
for fiscal year 1997 if the State had distributed 75 percent
of its grant for that year under section 619(c)(3), as such
section was then in effect.
‘‘(B) ALLOCATION OF REMAINING FUNDS.—After making
allocations under subparagraph (A), the State shall—
‘‘(i) allocate 85 percent of any remaining funds
to those local educational agencies on the basis of
the relative numbers of children enrolled in public
and private elementary schools and secondary schools
within the local educational agency’s jurisdiction; and
‘‘(ii) allocate 15 percent of those remaining funds
to those local educational agencies in accordance with
their relative numbers of children living in poverty,
as determined by the State educational agency.
‘‘(2) REALLOCATION
OF
FUNDS.—If a State educational
agency determines that a local educational agency is adequately
providing a free appropriate public education to all children
with disabilities aged 3 through 5 residing in the area served
by the local educational agency with State and local funds,
the State educational agency may reallocate any portion of
the funds under this section that are not needed by that local
educational agency to provide a free appropriate public edu-
cation to other local educational agencies in the State that
are not adequately providing special education and related
services to all children with disabilities aged 3 through 5
residing in the areas the other local educational agencies serve.
‘‘(h) PART C INAPPLICABLE.—Part C does not apply to any
child with a disability receiving a free appropriate public education,
in accordance with this part, with funds received under this section.
‘‘(i) STATE DEFINED.—In this section, the term ‘State’ means
each of the 50 States, the District of Columbia, and the Common-
wealth of Puerto Rico.
‘‘(j) AUTHORIZATION OF APPROPRIATIONS.—There are authorized
to be appropriated to carry out this section such sums as may
be necessary.
H. R. 1350—98
‘‘PART C—INFANTS AND TODDLERS WITH
DISABILITIES
‘‘SEC. 631. FINDINGS AND POLICY.
‘‘(a) FINDINGS.—Congress finds that there is an urgent and
substantial need—
‘‘(1) to enhance the development of infants and toddlers
with disabilities, to minimize their potential for developmental
delay, and to recognize the significant brain development that
occurs during a child’s first 3 years of life;
‘‘(2) to reduce the educational costs to our society, including
our Nation’s schools, by minimizing the need for special edu-
cation and related services after infants and toddlers with
disabilities reach school age;
‘‘(3) to maximize the potential for individuals with disabil-
ities to live independently in society;
‘‘(4) to enhance the capacity of families to meet the special
needs of their infants and toddlers with disabilities; and
‘‘(5) to enhance the capacity of State and local agencies
and service providers to identify, evaluate, and meet the needs
of all children, particularly minority, low-income, inner city,
and rural children, and infants and toddlers in foster care.
‘‘(b) POLICY.—It is the policy of the United States to provide
financial assistance to States—
‘‘(1) to develop and implement a statewide, comprehensive,
coordinated, multidisciplinary, interagency system that pro-
vides early intervention services for infants and toddlers with
disabilities and their families;
‘‘(2) to facilitate the coordination of payment for early inter-
vention services from Federal, State, local, and private sources
(including public and private insurance coverage);
‘‘(3) to enhance State capacity to provide quality early
intervention services and expand and improve existing early
intervention services being provided to infants and toddlers
with disabilities and their families; and
‘‘(4) to encourage States to expand opportunities for chil-
dren under 3 years of age who would be at risk of having
substantial developmental delay if they did not receive early
intervention services.
‘‘SEC. 632. DEFINITIONS.
‘‘In this part:
‘‘(1) AT-RISK INFANT OR TODDLER.—The term ‘at-risk infant
or toddler’ means an individual under 3 years of age who
would be at risk of experiencing a substantial developmental
delay if early intervention services were not provided to the
individual.
‘‘(2) COUNCIL.—The term ‘council’ means a State inter-
agency coordinating council established under section 641.
‘‘(3) DEVELOPMENTAL
DELAY.—The term ‘developmental
delay’, when used with respect to an individual residing in
a State, has the meaning given such term by the State under
section 635(a)(1).
‘‘(4) EARLY INTERVENTION SERVICES.—The term ‘early inter-
vention services’ means developmental services that—
‘‘(A) are provided under public supervision;
H. R. 1350—99
‘‘(B) are provided at no cost except where Federal or
State law provides for a system of payments by families,
including a schedule of sliding fees;
‘‘(C) are designed to meet the developmental needs
of an infant or toddler with a disability, as identified by
the individualized family service plan team, in any 1 or
more of the following areas:
‘‘(i) physical development;
‘‘(ii) cognitive development;
‘‘(iii) communication development;
‘‘(iv) social or emotional development; or
‘‘(v) adaptive development;
‘‘(D) meet the standards of the State in which the
services are provided, including the requirements of this
part;
‘‘(E) include—
‘‘(i) family training, counseling, and home visits;
‘‘(ii) special instruction;
‘‘(iii) speech-language pathology and audiology
services, and sign language and cued language services;
‘‘(iv) occupational therapy;
‘‘(v) physical therapy;
‘‘(vi) psychological services;
‘‘(vii) service coordination services;
‘‘(viii) medical services only for diagnostic or
evaluation purposes;
‘‘(ix) early identification, screening, and assess-
ment services;
‘‘(x) health services necessary to enable the infant
or toddler to benefit from the other early intervention
services;
‘‘(xi) social work services;
‘‘(xii) vision services;
‘‘(xiii) assistive technology devices and assistive
technology services; and
‘‘(xiv) transportation and related costs that are
necessary to enable an infant or toddler and the
infant’s or toddler’s family to receive another service
described in this paragraph;
‘‘(F) are provided by qualified personnel, including—
‘‘(i) special educators;
‘‘(ii) speech-language pathologists and audiologists;
‘‘(iii) occupational therapists;
‘‘(iv) physical therapists;
‘‘(v) psychologists;
‘‘(vi) social workers;
‘‘(vii) nurses;
‘‘(viii) registered dietitians;
‘‘(ix) family therapists;
‘‘(x) vision specialists, including ophthalmologists
and optometrists;
‘‘(xi) orientation and mobility specialists; and
‘‘(xii) pediatricians and other physicians;
‘‘(G) to the maximum extent appropriate, are provided
in natural environments, including the home, and commu-
nity settings in which children without disabilities partici-
pate; and
H. R. 1350—100
‘‘(H) are provided in conformity with an individualized
family service plan adopted in accordance with section
636.
‘‘(5) INFANT
OR
TODDLER
WITH
A
DISABILITY.—The term
‘infant or toddler with a disability’—
‘‘(A) means an individual under 3 years of age who
needs early intervention services because the individual—
‘‘(i) is experiencing developmental delays, as meas-
ured by appropriate diagnostic instruments and proce-
dures in 1 or more of the areas of cognitive develop-
ment, physical development, communication develop-
ment, social or emotional development, and adaptive
development; or
‘‘(ii) has a diagnosed physical or mental condition
that has a high probability of resulting in develop-
mental delay; and
‘‘(B) may also include, at a State’s discretion—
‘‘(i) at-risk infants and toddlers; and
‘‘(ii) children with disabilities who are eligible for
services under section 619 and who previously received
services under this part until such children enter, or
are eligible under State law to enter, kindergarten
or elementary school, as appropriate, provided that
any programs under this part serving such children
shall include—
‘‘(I) an educational component that promotes
school readiness and incorporates pre-literacy, lan-
guage, and numeracy skills; and
‘‘(II) a written notification to parents of their
rights and responsibilities in determining whether
their child will continue to receive services under
this part or participate in preschool programs
under section 619.
‘‘SEC. 633. GENERAL AUTHORITY.
‘‘The Secretary shall, in accordance with this part, make grants
to States (from their allotments under section 643) to assist each
State to maintain and implement a statewide, comprehensive,
coordinated, multidisciplinary, interagency system to provide early
intervention services for infants and toddlers with disabilities and
their families.
‘‘SEC. 634. ELIGIBILITY.
‘‘In order to be eligible for a grant under section 633, a State
shall provide assurances to the Secretary that the State—
‘‘(1) has adopted a policy that appropriate early interven-
tion services are available to all infants and toddlers with
disabilities in the State and their families, including Indian
infants and toddlers with disabilities and their families residing
on a reservation geographically located in the State, infants
and toddlers with disabilities who are homeless children and
their families, and infants and toddlers with disabilities who
are wards of the State; and
‘‘(2) has in effect a statewide system that meets the require-
ments of section 635.
H. R. 1350—101
‘‘SEC. 635. REQUIREMENTS FOR STATEWIDE SYSTEM.
‘‘(a) IN GENERAL.—A statewide system described in section
633 shall include, at a minimum, the following components:
‘‘(1) A rigorous definition of the term ‘developmental delay’
that will be used by the State in carrying out programs under
this part in order to appropriately identify infants and toddlers
with disabilities that are in need of services under this part.
‘‘(2) A State policy that is in effect and that ensures that
appropriate early intervention services based on scientifically
based research, to the extent practicable, are available to all
infants and toddlers with disabilities and their families,
including Indian infants and toddlers with disabilities and their
families residing on a reservation geographically located in
the State and infants and toddlers with disabilities who are
homeless children and their families.
‘‘(3) A timely, comprehensive, multidisciplinary evaluation
of the functioning of each infant or toddler with a disability
in the State, and a family-directed identification of the needs
of each family of such an infant or toddler, to assist appro-
priately in the development of the infant or toddler.
‘‘(4) For each infant or toddler with a disability in the
State, an individualized family service plan in accordance with
section 636, including service coordination services in accord-
ance with such service plan.
‘‘(5) A comprehensive child find system, consistent with
part B, including a system for making referrals to service
providers that includes timelines and provides for participation
by primary referral sources and that ensures rigorous standards
for appropriately identifying infants and toddlers with disabil-
ities for services under this part that will reduce the need
for future services.
‘‘(6) A public awareness program focusing on early identi-
fication of infants and toddlers with disabilities, including the
preparation and dissemination by the lead agency designated
or established under paragraph (10) to all primary referral
sources, especially hospitals and physicians, of information to
be given to parents, especially to inform parents with premature
infants, or infants with other physical risk factors associated
with learning or developmental complications, on the avail-
ability of early intervention services under this part and of
services under section 619, and procedures for assisting such
sources in disseminating such information to parents of infants
and toddlers with disabilities.
‘‘(7) A central directory that includes information on early
intervention services, resources, and experts available in the
State and research and demonstration projects being conducted
in the State.
‘‘(8) A comprehensive system of personnel development,
including the training of paraprofessionals and the training
of primary referral sources with respect to the basic components
of early intervention services available in the State that—
‘‘(A) shall include—
‘‘(i) implementing innovative strategies and activi-
ties for the recruitment and retention of early edu-
cation service providers;
‘‘(ii) promoting the preparation of early interven-
tion providers who are fully and appropriately qualified
H. R. 1350—102
to provide early intervention services under this part;
and
‘‘(iii) training personnel to coordinate transition
services for infants and toddlers served under this
part from a program providing early intervention serv-
ices under this part and under part B (other than
section 619), to a preschool program receiving funds
under section 619, or another appropriate program;
and
‘‘(B) may include—
‘‘(i) training personnel to work in rural and inner-
city areas; and
‘‘(ii) training personnel in the emotional and social
development of young children.
‘‘(9) Policies and procedures relating to the establishment
and maintenance of qualifications to ensure that personnel
necessary to carry out this part are appropriately and ade-
quately prepared and trained, including the establishment and
maintenance of qualifications that are consistent with any
State-approved or recognized certification, licensing, registra-
tion, or other comparable requirements that apply to the area
in which such personnel are providing early intervention serv-
ices, except that nothing in this part (including this paragraph)
shall be construed to prohibit the use of paraprofessionals and
assistants who are appropriately trained and supervised in
accordance with State law, regulation, or written policy, to
assist in the provision of early intervention services under
this part to infants and toddlers with disabilities.
‘‘(10) A single line of responsibility in a lead agency des-
ignated or established by the Governor for carrying out—
‘‘(A) the general administration and supervision of pro-
grams and activities receiving assistance under section 633,
and the monitoring of programs and activities used by
the State to carry out this part, whether or not such pro-
grams or activities are receiving assistance made available
under section 633, to ensure that the State complies with
this part;
‘‘(B) the identification and coordination of all available
resources within the State from Federal, State, local, and
private sources;
‘‘(C) the assignment of financial responsibility in
accordance with section 637(a)(2) to the appropriate agen-
cies;
‘‘(D) the development of procedures to ensure that serv-
ices are provided to infants and toddlers with disabilities
and their families under this part in a timely manner
pending the resolution of any disputes among public agen-
cies or service providers;
‘‘(E) the resolution of intra- and interagency disputes;
and
‘‘(F) the entry into formal interagency agreements that
define the financial responsibility of each agency for paying
for early intervention services (consistent with State law)
and procedures for resolving disputes and that include
all additional components necessary to ensure meaningful
cooperation and coordination.
H. R. 1350—103
‘‘(11) A policy pertaining to the contracting or making of
other arrangements with service providers to provide early
intervention services in the State, consistent with the provisions
of this part, including the contents of the application used
and the conditions of the contract or other arrangements.
‘‘(12) A procedure for securing timely reimbursements of
funds used under this part in accordance with section 640(a).
‘‘(13) Procedural safeguards with respect to programs under
this part, as required by section 639.
‘‘(14) A system for compiling data requested by the Sec-
retary under section 618 that relates to this part.
‘‘(15) A State interagency coordinating council that meets
the requirements of section 641.
‘‘(16) Policies and procedures to ensure that, consistent
with section 636(d)(5)—
‘‘(A) to the maximum extent appropriate, early inter-
vention services are provided in natural environments; and
‘‘(B) the provision of early intervention services for
any infant or toddler with a disability occurs in a setting
other than a natural environment that is most appropriate,
as determined by the parent and the individualized family
service plan team, only when early intervention cannot
be achieved satisfactorily for the infant or toddler in a
natural environment.
‘‘(b) POLICY.—In implementing subsection (a)(9), a State may
adopt a policy that includes making ongoing good-faith efforts to
recruit and hire appropriately and adequately trained personnel
to provide early intervention services to infants and toddlers with
disabilities, including, in a geographic area of the State where
there is a shortage of such personnel, the most qualified individuals
available who are making satisfactory progress toward completing
applicable course work necessary to meet the standards described
in subsection (a)(9).
‘‘(c) FLEXIBILITY TO SERVE CHILDREN 3 YEARS OF AGE UNTIL
ENTRANCE INTO ELEMENTARY SCHOOL.—
‘‘(1) IN GENERAL.—A statewide system described in section
633 may include a State policy, developed and implemented
jointly by the lead agency and the State educational agency,
under which parents of children with disabilities who are
eligible for services under section 619 and previously received
services under this part, may choose the continuation of early
intervention services (which shall include an educational
component that promotes school readiness and incorporates
preliteracy, language, and numeracy skills) for such children
under this part until such children enter, or are eligible under
State law to enter, kindergarten.
‘‘(2) REQUIREMENTS.—If a statewide system includes a State
policy described in paragraph (1), the statewide system shall
ensure that—
‘‘(A) parents of children with disabilities served pursu-
ant to this subsection are provided annual notice that
contains—
‘‘(i) a description of the rights of such parents
to elect to receive services pursuant to this subsection
or under part B; and
H. R. 1350—104
‘‘(ii) an explanation of the differences between serv-
ices provided pursuant to this subsection and services
provided under part B, including—
‘‘(I) types of services and the locations at which
the services are provided;
‘‘(II) applicable procedural safeguards; and
‘‘(III) possible costs (including any fees to be
charged to families as described in section
632(4)(B)), if any, to parents of infants or toddlers
with disabilities;
‘‘(B) services provided pursuant to this subsection
include an educational component that promotes school
readiness and incorporates preliteracy, language, and
numeracy skills;
‘‘(C) the State policy will not affect the right of any
child served pursuant to this subsection to instead receive
a free appropriate public education under part B;
‘‘(D) all early intervention services outlined in the
child’s individualized family service plan under section 636
are continued while any eligibility determination is being
made for services under this subsection;
‘‘(E) the parents of infants or toddlers with disabilities
(as defined in section 632(5)(A)) provide informed written
consent to the State, before such infants or toddlers reach
3 years of age, as to whether such parents intend to choose
the continuation of early intervention services pursuant
to this subsection for such infants or toddlers;
‘‘(F) the requirements under section 637(a)(9) shall not
apply with respect to a child who is receiving services
in accordance with this subsection until not less than 90
days (and at the discretion of the parties to the conference,
not more than 9 months) before the time the child will
no longer receive those services; and
‘‘(G) there will be a referral for evaluation for early
intervention services of a child who experiences a substan-
tiated case of trauma due to exposure to family violence
(as defined in section 320 of the Family Violence Prevention
and Services Act).
‘‘(3) REPORTING
REQUIREMENT.—If a statewide system
includes a State policy described in paragraph (1), the State
shall submit to the Secretary, in the State’s report under section
637(b)(4)(A), a report on the number and percentage of children
with disabilities who are eligible for services under section
619 but whose parents choose for such children to continue
to receive early intervention services under this part.
‘‘(4) AVAILABLE FUNDS.—If a statewide system includes a
State policy described in paragraph (1), the policy shall describe
the funds (including an identification as Federal, State, or
local funds) that will be used to ensure that the option described
in paragraph (1) is available to eligible children and families
who provide the consent described in paragraph (2)(E),
including fees (if any) to be charged to families as described
in section 632(4)(B).
‘‘(5) RULES OF CONSTRUCTION.—
‘‘(A) SERVICES UNDER PART B.—If a statewide system
includes a State policy described in paragraph (1), a State
that provides services in accordance with this subsection
H. R. 1350—105
to a child with a disability who is eligible for services
under section 619 shall not be required to provide the
child with a free appropriate public education under part
B for the period of time in which the child is receiving
services under this part.
‘‘(B) SERVICES UNDER THIS PART.—Nothing in this sub-
section shall be construed to require a provider of services
under this part to provide a child served under this part
with a free appropriate public education.
‘‘SEC. 636. INDIVIDUALIZED FAMILY SERVICE PLAN.
‘‘(a) ASSESSMENT AND PROGRAM DEVELOPMENT.—A statewide
system described in section 633 shall provide, at a minimum, for
each infant or toddler with a disability, and the infant’s or toddler’s
family, to receive—
‘‘(1) a multidisciplinary assessment of the unique strengths
and needs of the infant or toddler and the identification of
services appropriate to meet such needs;
‘‘(2) a family-directed assessment of the resources, prior-
ities, and concerns of the family and the identification of the
supports and services necessary to enhance the family’s capacity
to meet the developmental needs of the infant or toddler; and
‘‘(3) a written individualized family service plan developed
by a multidisciplinary team, including the parents, as required
by subsection (e), including a description of the appropriate
transition services for the infant or toddler.
‘‘(b) PERIODIC REVIEW.—The individualized family service plan
shall be evaluated once a year and the family shall be provided
a review of the plan at 6-month intervals (or more often where
appropriate based on infant or toddler and family needs).
‘‘(c) PROMPTNESS
AFTER
ASSESSMENT.—The individualized
family service plan shall be developed within a reasonable time
after the assessment required by subsection (a)(1) is completed.
With the parents’ consent, early intervention services may com-
mence prior to the completion of the assessment.
‘‘(d) CONTENT OF PLAN.—The individualized family service plan
shall be in writing and contain—
‘‘(1) a statement of the infant’s or toddler’s present levels
of physical development, cognitive development, communication
development, social or emotional development, and adaptive
development, based on objective criteria;
‘‘(2) a statement of the family’s resources, priorities, and
concerns relating to enhancing the development of the family’s
infant or toddler with a disability;
‘‘(3) a statement of the measurable results or outcomes
expected to be achieved for the infant or toddler and the family,
including pre-literacy and language skills, as developmentally
appropriate for the child, and the criteria, procedures, and
timelines used to determine the degree to which progress
toward achieving the results or outcomes is being made and
whether modifications or revisions of the results or outcomes
or services are necessary;
‘‘(4) a statement of specific early intervention services based
on peer-reviewed research, to the extent practicable, necessary
to meet the unique needs of the infant or toddler and the
family, including the frequency, intensity, and method of deliv-
ering services;
H. R. 1350—106
‘‘(5) a statement of the natural environments in which
early intervention services will appropriately be provided,
including a justification of the extent, if any, to which the
services will not be provided in a natural environment;
‘‘(6) the projected dates for initiation of services and the
anticipated length, duration, and frequency of the services;
‘‘(7) the identification of the service coordinator from the
profession most immediately relevant to the infant’s or toddler’s
or family’s needs (or who is otherwise qualified to carry out
all applicable responsibilities under this part) who will be
responsible for the implementation of the plan and coordination
with other agencies and persons, including transition services;
and
‘‘(8) the steps to be taken to support the transition of
the toddler with a disability to preschool or other appropriate
services.
‘‘(e) PARENTAL CONSENT.—The contents of the individualized
family service plan shall be fully explained to the parents and
informed written consent from the parents shall be obtained prior
to the provision of early intervention services described in such
plan. If the parents do not provide consent with respect to a par-
ticular early intervention service, then only the early intervention
services to which consent is obtained shall be provided.
‘‘SEC. 637. STATE APPLICATION AND ASSURANCES.
‘‘(a) APPLICATION.—A State desiring to receive a grant under
section 633 shall submit an application to the Secretary at such
time and in such manner as the Secretary may reasonably require.
The application shall contain—
‘‘(1) a designation of the lead agency in the State that
will be responsible for the administration of funds provided
under section 633;
‘‘(2) a certification to the Secretary that the arrangements
to establish financial responsibility for services provided under
this part pursuant to section 640(b) are current as of the
date of submission of the certification;
‘‘(3) information demonstrating eligibility of the State under
section 634, including—
‘‘(A) information demonstrating to the Secretary’s satis-
faction that the State has in effect the statewide system
required by section 633; and
‘‘(B) a description of services to be provided to infants
and toddlers with disabilities and their families through
the system;
‘‘(4) if the State provides services to at-risk infants and
toddlers through the statewide system, a description of such
services;
‘‘(5) a description of the uses for which funds will be
expended in accordance with this part;
‘‘(6) a description of the State policies and procedures that
require the referral for early intervention services under this
part of a child under the age of 3 who—
‘‘(A) is involved in a substantiated case of child abuse
or neglect; or
‘‘(B) is identified as affected by illegal substance abuse,
or withdrawal symptoms resulting from prenatal drug expo-
sure;
H. R. 1350—107
‘‘(7) a description of the procedure used to ensure that
resources are made available under this part for all geographic
areas within the State;
‘‘(8) a description of State policies and procedures that
ensure that, prior to the adoption by the State of any other
policy or procedure necessary to meet the requirements of this
part, there are public hearings, adequate notice of the hearings,
and an opportunity for comment available to the general public,
including individuals with disabilities and parents of infants
and toddlers with disabilities;
‘‘(9) a description of the policies and procedures to be used—
‘‘(A) to ensure a smooth transition for toddlers receiving
early intervention services under this part (and children
receiving those services under section 635(c)) to preschool,
school, other appropriate services, or exiting the program,
including a description of how—
‘‘(i) the families of such toddlers and children will
be included in the transition plans required by
subparagraph (C); and
‘‘(ii) the lead agency designated or established
under section 635(a)(10) will—
‘‘(I) notify the local educational agency for the
area in which such a child resides that the child
will shortly reach the age of eligibility for preschool
services under part B, as determined in accordance
with State law;
‘‘(II) in the case of a child who may be eligible
for such preschool services, with the approval of
the family of the child, convene a conference among
the lead agency, the family, and the local edu-
cational agency not less than 90 days (and at
the discretion of all such parties, not more than
9 months) before the child is eligible for the pre-
school services, to discuss any such services that
the child may receive; and
‘‘(III) in the case of a child who may not be
eligible for such preschool services, with the
approval of the family, make reasonable efforts
to convene a conference among the lead agency,
the family, and providers of other appropriate serv-
ices for children who are not eligible for preschool
services under part B, to discuss the appropriate
services that the child may receive;
‘‘(B) to review the child’s program options for the period
from the child’s third birthday through the remainder of
the school year; and
‘‘(C) to establish a transition plan, including, as appro-
priate, steps to exit from the program;
‘‘(10) a description of State efforts to promote collaboration
among Early Head Start programs under section 645A of the
Head Start Act, early education and child care programs, and
services under part C; and
‘‘(11) such other information and assurances as the Sec-
retary may reasonably require.
‘‘(b) ASSURANCES.—The application described in subsection (a)—
H. R. 1350—108
‘‘(1) shall provide satisfactory assurance that Federal funds
made available under section 643 to the State will be expended
in accordance with this part;
‘‘(2) shall contain an assurance that the State will comply
with the requirements of section 640;
‘‘(3) shall provide satisfactory assurance that the control
of funds provided under section 643, and title to property
derived from those funds, will be in a public agency for the
uses and purposes provided in this part and that a public
agency will administer such funds and property;
‘‘(4) shall provide for—
‘‘(A) making such reports in such form and containing
such information as the Secretary may require to carry
out the Secretary’s functions under this part; and
‘‘(B) keeping such reports and affording such access
to the reports as the Secretary may find necessary to
ensure the correctness and verification of those reports
and proper disbursement of Federal funds under this part;
‘‘(5) provide satisfactory assurance that Federal funds made
available under section 643 to the State—
‘‘(A) will not be commingled with State funds; and
‘‘(B) will be used so as to supplement the level of
State and local funds expended for infants and toddlers
with disabilities and their families and in no case to sup-
plant those State and local funds;
‘‘(6) shall provide satisfactory assurance that such fiscal
control and fund accounting procedures will be adopted as
may be necessary to ensure proper disbursement of, and
accounting for, Federal funds paid under section 643 to the
State;
‘‘(7) shall provide satisfactory assurance that policies and
procedures have been adopted to ensure meaningful involve-
ment of underserved groups, including minority, low-income,
homeless, and rural families and children with disabilities who
are wards of the State, in the planning and implementation
of all the requirements of this part; and
‘‘(8) shall contain such other information and assurances
as the Secretary may reasonably require by regulation.
‘‘(c) STANDARD FOR DISAPPROVAL OF APPLICATION.—The Sec-
retary may not disapprove such an application unless the Secretary
determines, after notice and opportunity for a hearing, that the
application fails to comply with the requirements of this section.
‘‘(d) SUBSEQUENT STATE APPLICATION.—If a State has on file
with the Secretary a policy, procedure, or assurance that dem-
onstrates that the State meets a requirement of this section,
including any policy or procedure filed under this part (as in effect
before the date of enactment of the Individuals with Disabilities
Education Improvement Act of 2004), the Secretary shall consider
the State to have met the requirement for purposes of receiving
a grant under this part.
‘‘(e) MODIFICATION OF APPLICATION.—An application submitted
by a State in accordance with this section shall remain in effect
until the State submits to the Secretary such modifications as
the State determines necessary. This section shall apply to a modi-
fication of an application to the same extent and in the same
manner as this section applies to the original application.
H. R. 1350—109
‘‘(f) MODIFICATIONS REQUIRED BY THE SECRETARY.—The Sec-
retary may require a State to modify its application under this
section, but only to the extent necessary to ensure the State’s
compliance with this part, if—
‘‘(1) an amendment is made to this title, or a Federal
regulation issued under this title;
‘‘(2) a new interpretation of this title is made by a Federal
court or the State’s highest court; or
‘‘(3) an official finding of noncompliance with Federal law
or regulations is made with respect to the State.
‘‘SEC. 638. USES OF FUNDS.
‘‘In addition to using funds provided under section 633 to main-
tain and implement the statewide system required by such section,
a State may use such funds—
‘‘(1) for direct early intervention services for infants and
toddlers with disabilities, and their families, under this part
that are not otherwise funded through other public or private
sources;
‘‘(2) to expand and improve on services for infants and
toddlers and their families under this part that are otherwise
available;
‘‘(3) to provide a free appropriate public education, in
accordance with part B, to children with disabilities from their
third birthday to the beginning of the following school year;
‘‘(4) with the written consent of the parents, to continue
to provide early intervention services under this part to children
with disabilities from their 3rd birthday until such children
enter, or are eligible under State law to enter, kindergarten,
in lieu of a free appropriate public education provided in accord-
ance with part B; and
‘‘(5) in any State that does not provide services for at-
risk infants and toddlers under section 637(a)(4), to strengthen
the statewide system by initiating, expanding, or improving
collaborative efforts related to at-risk infants and toddlers,
including establishing linkages with appropriate public or pri-
vate community-based organizations, services, and personnel
for the purposes of—
‘‘(A) identifying and evaluating at-risk infants and tod-
dlers;
‘‘(B) making referrals of the infants and toddlers identi-
fied and evaluated under subparagraph (A); and
‘‘(C) conducting periodic follow-up on each such referral
to determine if the status of the infant or toddler involved
has changed with respect to the eligibility of the infant
or toddler for services under this part.
‘‘SEC. 639. PROCEDURAL SAFEGUARDS.
‘‘(a) 
MINIMUM
PROCEDURES.—The 
procedural 
safeguards
required to be included in a statewide system under section
635(a)(13) shall provide, at a minimum, the following:
‘‘(1) The timely administrative resolution of complaints by
parents. Any party aggrieved by the findings and decision
regarding an administrative complaint shall have the right
to bring a civil action with respect to the complaint in any
State court of competent jurisdiction or in a district court
of the United States without regard to the amount in con-
troversy. In any action brought under this paragraph, the court
H. R. 1350—110
shall receive the records of the administrative proceedings,
shall hear additional evidence at the request of a party, and,
basing its decision on the preponderance of the evidence, shall
grant such relief as the court determines is appropriate.
‘‘(2) The right to confidentiality of personally identifiable
information, including the right of parents to written notice
of and written consent to the exchange of such information
among agencies consistent with Federal and State law.
‘‘(3) The right of the parents to determine whether they,
their infant or toddler, or other family members will accept
or decline any early intervention service under this part in
accordance with State law without jeopardizing other early
intervention services under this part.
‘‘(4) The opportunity for parents to examine records relating
to assessment, screening, eligibility determinations, and the
development and implementation of the individualized family
service plan.
‘‘(5) Procedures to protect the rights of the infant or toddler
whenever the parents of the infant or toddler are not known
or cannot be found or the infant or toddler is a ward of the
State, including the assignment of an individual (who shall
not be an employee of the State lead agency, or other State
agency, and who shall not be any person, or any employee
of a person, providing early intervention services to the infant
or toddler or any family member of the infant or toddler)
to act as a surrogate for the parents.
‘‘(6) Written prior notice to the parents of the infant or
toddler with a disability whenever the State agency or service
provider proposes to initiate or change, or refuses to initiate
or change, the identification, evaluation, or placement of the
infant or toddler with a disability, or the provision of appro-
priate early intervention services to the infant or toddler.
‘‘(7) Procedures designed to ensure that the notice required
by paragraph (6) fully informs the parents, in the parents’
native language, unless it clearly is not feasible to do so,
of all procedures available pursuant to this section.
‘‘(8) The right of parents to use mediation in accordance
with section 615, except that—
‘‘(A) any reference in the section to a State educational
agency shall be considered to be a reference to a State’s
lead agency established or designated under section
635(a)(10);
‘‘(B) any reference in the section to a local educational
agency shall be considered to be a reference to a local
service provider or the State’s lead agency under this part,
as the case may be; and
‘‘(C) any reference in the section to the provision of
a free appropriate public education to children with disabil-
ities shall be considered to be a reference to the provision
of appropriate early intervention services to infants and
toddlers with disabilities.
‘‘(b) SERVICES DURING PENDENCY
OF PROCEEDINGS.—During
the pendency of any proceeding or action involving a complaint
by the parents of an infant or toddler with a disability, unless
the State agency and the parents otherwise agree, the infant or
toddler shall continue to receive the appropriate early intervention
H. R. 1350—111
services currently being provided or, if applying for initial services,
shall receive the services not in dispute.
‘‘SEC. 640. PAYOR OF LAST RESORT.
‘‘(a) NONSUBSTITUTION.—Funds provided under section 643 may
not be used to satisfy a financial commitment for services that
would have been paid for from another public or private source,
including any medical program administered by the Secretary of
Defense, but for the enactment of this part, except that whenever
considered necessary to prevent a delay in the receipt of appropriate
early intervention services by an infant, toddler, or family in a
timely fashion, funds provided under section 643 may be used
to pay the provider of services pending reimbursement from the
agency that has ultimate responsibility for the payment.
‘‘(b) OBLIGATIONS RELATED
TO
AND METHODS
OF ENSURING
SERVICES.—
‘‘(1) ESTABLISHING
FINANCIAL
RESPONSIBILITY
FOR
SERV-
ICES.—
‘‘(A) IN GENERAL.—The Chief Executive Officer of a
State or designee of the officer shall ensure that an inter-
agency agreement or other mechanism for interagency
coordination is in effect between each public agency and
the designated lead agency, in order to ensure—
‘‘(i) the provision of, and financial responsibility
for, services provided under this part; and
‘‘(ii) such services are consistent with the require-
ments of section 635 and the State’s application pursu-
ant to section 637, including the provision of such
services during the pendency of any such dispute.
‘‘(B) CONSISTENCY BETWEEN AGREEMENTS OR MECHA-
NISMS UNDER PART B.—The Chief Executive Officer of a
State or designee of the officer shall ensure that the terms
and conditions of such agreement or mechanism are con-
sistent with the terms and conditions of the State’s agree-
ment or mechanism under section 612(a)(12), where appro-
priate.
‘‘(2) REIMBURSEMENT FOR SERVICES BY PUBLIC AGENCY.—
‘‘(A) IN GENERAL.—If a public agency other than an
educational agency fails to provide or pay for the services
pursuant to an agreement required under paragraph (1),
the local educational agency or State agency (as determined
by the Chief Executive Officer or designee) shall provide
or pay for the provision of such services to the child.
‘‘(B) REIMBURSEMENT.—Such local educational agency
or State agency is authorized to claim reimbursement for
the services from the public agency that failed to provide
or pay for such services and such public agency shall
reimburse the local educational agency or State agency
pursuant to the terms of the interagency agreement or
other mechanism required under paragraph (1).
‘‘(3) SPECIAL
RULE.—The requirements of paragraph (1)
may be met through—
‘‘(A) State statute or regulation;
‘‘(B) signed agreements between respective agency offi-
cials that clearly identify the responsibilities of each agency
relating to the provision of services; or