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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 modification of an application to 
the same extent and in the same manner as this section 
applies to the original application. 
‘‘(f) 
MODIFICATIONS
REQUIRED
BY
THE
SEC-
RETARY.—The Secretary may require a State to modify its 
application under this section, but only to the extent nec-
essary to ensure the State’s compliance with this part, if— 
‘‘(1) an amendment is made to this Act, or a 
Federal regulation issued under this Act; 
‘‘(2) a new interpretation of this Act is made by 
a Federal court or the State’s highest court; or 
‘‘(3) an official finding of noncompliance with 
Federal law or regulations is made with respect to the 
State. 
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‘‘SEC. 638. USES OF FUNDS. 
‘‘In addition to using funds provided under section 
633 to maintain and implement the statewide system re-
quired by such section, a State may use such funds— 
‘‘(1) for direct early intervention services for in-
fants and toddlers with disabilities, and their fami-
lies, under this part that are not otherwise funded 
through other public or private sources; 
‘‘(2) to expand and improve on services for in-
fants and toddlers and their families under this part 
that are otherwise available; 
‘‘(3) to provide a free appropriate public edu-
cation, 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 to the beginning of the following school year, 
in lieu of a free appropriate public education pro-
vided in accordance 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 initi-
ating, expanding, or improving collaborative efforts 
related to at-risk infants and toddlers, including es-
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tablishing linkages with appropriate public or private 
community-based organizations, services, and per-
sonnel for the purposes of— 
‘‘(A) identifying and evaluating at-risk in-
fants and toddlers; 
‘‘(B) making referrals of the infants and 
toddlers identified and evaluated under subpara-
graph (A); and 
‘‘(C) conducting periodic follow-up on each 
such referral to determine if the status of the in-
fant or toddler involved has changed with respect 
to the eligibility of the infant or toddler for serv-
ices under this part. 
‘‘SEC. 639. PROCEDURAL SAFEGUARDS. 
‘‘(a) MINIMUM PROCEDURES.—The procedural safe-
guards required to be included in a statewide system under 
section 635(a)(13) shall provide, at a minimum, the fol-
lowing: 
‘‘(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-
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troversy. In any action brought under this paragraph, 
the court shall receive the records of the administra-
tive 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 par-
ents to written notice of and written consent to the 
exchange of such information among agencies con-
sistent with Federal and State law. 
‘‘(3) The right of the parents to determine wheth-
er they, their infant or toddler, or other family mem-
bers 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 implemen-
tation of the individualized family service plan. 
‘‘(5) Procedures to protect the rights of the infant 
or toddler whenever the parents of the infant or tod-
dler are not known or cannot be found or the infant 
or toddler is a ward of the State, including the as-
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signment of an individual (who shall not be an em-
ployee 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 identifica-
tion, evaluation, or placement of the infant or toddler 
with a disability, or the provision of appropriate 
early intervention services to the infant or toddler. 
‘‘(7) Procedures designed to ensure that the no-
tice required by paragraph (6) fully informs the par-
ents, 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 ac-
cordance 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); 
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‘‘(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 pro-
vision of free appropriate public education to 
children with disabilities shall be considered to 
be a reference to the provision of appropriate 
early intervention services to infants and tod-
dlers with disabilities. 
‘‘(b) 
SERVICES
DURING
PENDENCY
OF
PRO-
CEEDINGS.—During the pendency of any proceeding or ac-
tion 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 services cur-
rently 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 sec-
tion 643 may not be used to satisfy a financial commitment 
for services that would have been paid for from another pub-
lic or private source, including any medical program ad-
ministered by the Secretary of Defense, but for the enact-
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ment of this part, except that whenever considered necessary 
to prevent a delay in the receipt of appropriate early inter-
vention 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 SERVICES.— 
‘‘(A) IN GENERAL.—The Chief Executive Of-
ficer of a State or designee of the officer shall en-
sure that an interagency agreement or other 
mechanism for interagency coordination is in ef-
fect between each public agency and the State 
educational agency, in order to ensure— 
‘‘(i) the provision of, and financial re-
sponsibility for, services provided under this 
part; and 
‘‘(ii) such services are consistent with 
the requirements of section 635 and the 
State’s application pursuant to section 637, 
including the provision of such services dur-
ing the pendency of any dispute. 
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‘‘(B) CONSISTENCY BETWEEN AGREEMENTS 
OR MECHANISMS UNDER PARTS B AND D.—The 
Chief Executive Officer of a State or designee of 
the officer shall ensure that the terms and condi-
tions of such agreement or mechanism are con-
sistent with the terms and conditions of the 
State’s agreement or mechanism under section 
612(a)(12). 
‘‘(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 edu-
cational 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 edu-
cational 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 reim-
burse the local educational agency or State agen-
cy pursuant to the terms of the interagency 
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agreement or other mechanism required under 
paragraph (1). 
‘‘(3) SPECIAL RULE.—The requirements of para-
graph (1) may be met through— 
‘‘(A) State statute or regulation; 
‘‘(B) signed agreements between respective 
agency officials that clearly identify the respon-
sibilities of each agency relating to the provision 
of services; or 
‘‘(C) other appropriate written methods as 
determined by the Chief Executive Officer of the 
State or designee of the officer and approved by 
the Secretary through the review and approval of 
the State’s application pursuant to section 637. 
‘‘(c) REDUCTION OF OTHER BENEFITS.—Nothing in 
this part shall be construed to permit the State to reduce 
medical or other assistance available or to alter eligibility 
under title V of the Social Security Act (relating to mater-
nal and child health) or title XIX of the Social Security 
Act (relating to Medicaid for infants or toddlers with dis-
abilities) within the State. 
‘‘SEC. 641. STATE INTERAGENCY COORDINATING COUNCIL. 
‘‘(a) ESTABLISHMENT.— 
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‘‘(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 popu-
lation 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 coun-
cil who is a representative of the lead agency des-
ignated 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: 
‘‘(A) PARENTS.—At least 20 percent of the 
members shall be parents of infants or toddlers 
with disabilities or children with disabilities 
aged 12 or younger, with knowledge of, or experi-
ence with, programs for infants and toddlers 
with disabilities. At least 1 such member shall be 
a parent of an infant or toddler with a dis-
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ability or a child with a disability aged 6 or 
younger, not less than one other member shall be 
a foster parent of a child with a disability, not 
less than one other member shall be a grand-
parent or other relative acting in the place of a 
natural or adoptive parent of a child with a dis-
ability, and not less than 1 other member shall 
be a representative of children with disabilities 
in military families. 
‘‘(B) SERVICE
PROVIDERS.—At least 20 
percent of the members shall be public or private 
providers of early intervention services. 
‘‘(C) STATE
LEGISLATURE.—At least 1 
member shall be from the State legislature. 
‘‘(D) PERSONNEL PREPARATION.—At least 
1 member shall be involved in personnel prepa-
ration. 
‘‘(E) AGENCY
FOR
EARLY
INTERVENTION 
SERVICES.—At least 1 member shall be from each 
of the State agencies involved in the provision of, 
or payment for, early intervention services to in-
fants and toddlers with disabilities and their 
families and shall have sufficient authority to 
engage in policy planning and implementation 
on behalf of such agencies. 
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‘‘(F) AGENCY FOR PRESCHOOL SERVICES.— 
At least 1 member shall be from the State edu-
cational agency responsible for preschool services 
to children with disabilities and shall have suffi-
cient authority to engage in policy planning and 
implementation on behalf of such agency. 
‘‘(G) STATE MEDICAID AGENCY.—At least 1 
member shall be from the agency responsible for 
the State medicaid program. 
‘‘(H) HEAD
START
AGENCY.—At least 1 
representative from a Head Start agency or pro-
gram in the State. 
‘‘(I) CHILD CARE AGENCY.—At least 1 rep-
resentative from a State agency responsible for 
child care. 
‘‘(J) AGENCY FOR HEALTH INSURANCE.—At 
least 1 member shall be from the agency respon-
sible for the State regulation of health insurance. 
‘‘(K) OFFICE
OF
THE
COORDINATOR
OF 
EDUCATION
OF
HOMELESS
CHILDREN
AND 
YOUTH.—Not less than 1 representative des-
ignated by the Office of Coordinator for Edu-
cation of Homeless Children and Youths. 
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‘‘(L) STATE CHILD WELFARE AGENCY.—Not 
less than 1 representative from the State child 
welfare agency responsible for foster care. 
‘‘(M) REPRESENTATIVE OF FOSTER CHIL-
DREN.—Not less than 1 individual who rep-
resents the interests of children in foster care and 
understands such children’s education needs, 
such as an attorney for children in foster care, 
a guardian ad litem, a court appointed special 
advocate, a judge, or an education surrogate for 
children in foster care. 
‘‘(2) OTHER MEMBERS.—The council may in-
clude other members selected by the Governor, includ-
ing a representative from the Bureau of Indian Af-
fairs, or where there is no BIA-operated or BIA-fund-
ed school, from the Indian Health Service or the tribe 
or tribal council. 
‘‘(c) MEETINGS.—The council shall meet at least quar-
terly and in such places as the council determines 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 hear-
ings and forums, to reimburse members of the council for 
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reasonable and necessary expenses for attending council 
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 performing 
official council business, to hire staff, and to obtain the serv-
ices of such professional, technical, and clerical personnel 
as may be necessary to carry out its functions under this 
part. 
‘‘(e) FUNCTIONS OF COUNCIL.— 
‘‘(1) DUTIES.—The council shall— 
‘‘(A) advise and assist the lead agency des-
ignated or established under section 635(a)(10) 
in the performance of the responsibilities set 
forth in such section, particularly the identifica-
tion of the sources of fiscal and other support for 
services for early intervention programs, assign-
ment of financial responsibility to the appro-
priate agency, and the promotion of the inter-
agency agreements; 
‘‘(B) advise and assist the lead agency in 
the preparation of applications and amendments 
thereto; 
‘‘(C) advise and assist the State educational 
agency regarding the transition of toddlers with 
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disabilities to preschool and other appropriate 
services; and 
‘‘(D) prepare and submit an annual report 
to the Governor and to the Secretary on the sta-
tus of early intervention programs for infants 
and toddlers with disabilities and their families 
operated within the State. 
‘‘(2) AUTHORIZED ACTIVITY.—The council may 
advise and assist the lead agency and the State edu-
cational agency regarding the provision of appro-
priate services for children from birth through age 5. 
The council may advise appropriate agencies in the 
State with respect to the integration of services for in-
fants and toddlers with disabilities and at-risk in-
fants 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 coun-
cil shall cast a vote on any matter that is likely to provide 
a 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— 
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‘‘(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 
‘‘(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 services to 
infants and toddlers with disabilities. 
‘‘SEC. 643. ALLOCATION OF FUNDS. 
‘‘(a) 
RESERVATION
OF
FUNDS
FOR
OUTLYING 
AREAS.— 
‘‘(1) IN GENERAL.—From the sums appropriated 
to carry out this part for any fiscal year, the Sec-
retary may reserve not more than 1 percent for pay-
ments to Guam, American Samoa, the United States 
Virgin Islands, and the Commonwealth of the North-
ern Mariana Islands in accordance with their respec-
tive needs. 
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‘‘(2) CONSOLIDATION OF FUNDS.—The provisions 
of Public Law 95–134, permitting the consolidation 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, subject 
to this subsection, make payments to the Secretary of 
the Interior to be distributed to tribes, tribal organi-
zations (as defined under section 4 of the Indian Self- 
Determination and Education Assistance Act), or 
consortia of the above entities for the coordination of 
assistance in the provision of early intervention serv-
ices by the States to infants and toddlers with disabil-
ities and their families on reservations served by ele-
mentary schools 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 Sec-
retary of the Interior shall distribute the entire pay-
ment received under paragraph (1) by providing to 
each tribe, tribal organization, or consortium an 
amount based on the number of infants and toddlers 
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residing on the reservation, as determined annually, 
divided by the total of such children served by all 
tribes, tribal organizations, or consortia. 
‘‘(3) INFORMATION.—To receive a payment 
under this subsection, the tribe, tribal organization, 
or consortium shall submit such information to the 
Secretary of the Interior as is needed to determine the 
amounts to be distributed under paragraph (2). 
‘‘(4) USE OF FUNDS.—The funds received by a 
tribe, tribal organization, or consortium shall be used 
to assist States in child find, screening, and other 
procedures for the early identification of Indian chil-
dren under 3 years of age and for parent training. 
Such funds may also be used to provide early inter-
vention services in accordance with this part. Such 
activities may be carried out directly or through con-
tracts or cooperative agreements with the BIA, local 
educational agencies, and other public or private non-
profit organizations. The tribe, tribal organization, or 
consortium is encouraged to involve Indian parents 
in the development and implementation of these ac-
tivities. The above entities shall, as appropriate, make 
referrals to local, State, or Federal entities for the 
provision of services or further diagnosis. 
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‘‘(5) REPORTS.—To be eligible to receive a grant 
under paragraph (2), a tribe, tribal organization, or 
consortium shall make a biennial report to the Sec-
retary of the Interior of activities undertaken under 
this subsection, including the number of contracts 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 2 years following the year in 
which the report is made. The Secretary of the Inte-
rior shall include a summary of this information on 
a biennial basis to the Secretary of Education along 
with such other information as required under section 
611(h)(3)(E). The Secretary of Education may re-
quire 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 Sec-
retary of the Interior for administrative purposes, in-
cluding child count, and the provision of technical as-
sistance. 
‘‘(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 
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subsections (a), (b), and (e), 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 num-
ber 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— 
‘‘(A) 1⁄2 of 1 percent of the remaining 
amount described in paragraph (1); or 
‘‘(B) $500,000. 
‘‘(3) RATABLE REDUCTION.— 
‘‘(A) IN GENERAL.—If the sums made avail-
able under this part for any fiscal year are in-
sufficient to pay the full amounts that all States 
are eligible to receive under this subsection for 
such year, the Secretary shall ratably 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, allotments 
that were reduced under subparagraph (A) shall 
be increased on the same basis the allotments 
were reduced. 
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‘‘(4) DEFINITIONS.—For the purpose of this sub-
section— 
‘‘(A) the terms ‘infants’ and ‘toddlers’ mean 
children under 3 years of age; and 
‘‘(B) the term ‘State’ means each of the 50 
States, the District of Columbia, and the Com-
monwealth of Puerto Rico. 
‘‘(d) REALLOTMENT OF FUNDS.—If a State elects not 
to receive its allotment under subsection (c), the Secretary 
shall reallot, among the remaining States, amounts from 
such State in accordance with such subsection. 
‘‘(e) RESERVATION FOR STATE BONUS GRANTS.—The 
Secretary shall reserve 10 percent of the amount by which 
the amount appropriated under section 644 for any fiscal 
year exceeds $434,159,000 to make allotments to States that 
are carrying out the policy described in section 635(b), in 
accordance with the formula described in subsection (c)(1) 
without regard to subsections (c) (2) and (3). 
‘‘SEC. 644. AUTHORIZATION OF APPROPRIATIONS. 
‘‘For the purpose of carrying out this part, there are 
authorized to be appropriated such sums as may be nec-
essary for each of the fiscal years 2004 through 2009. 
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‘‘PART D—NATIONAL ACTIVITIES TO IMPROVE 
EDUCATION OF CHILDREN WITH DISABILITIES 
‘‘SEC. 650. FINDINGS. 
‘‘Congress finds the following: 
‘‘(1) The Federal Government has an ongoing ob-
ligation to support activities that contribute to posi-
tive results for children with disabilities, enabling 
them to lead productive and independent adult lives. 
‘‘(2) Systemic change benefiting all students, in-
cluding 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 edu-
cational 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 spe-
cial needs. 
‘‘(4) An effective educational system serving stu-
dents with disabilities should— 
‘‘(A) maintain high academic achievement 
standards and clear performance goals for chil-
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dren with disabilities, consistent with the stand-
ards and expectations for all students in the edu-
cational system, and provide for appropriate 
and effective strategies and methods to ensure 
that all children with disabilities have the oppor-
tunity to achieve those standards and goals; 
‘‘(B) clearly define, in objective, measurable 
terms, the school and post-school results that 
children with disabilities are expected to achieve; 
and 
‘‘(C) promote transition services and coordi-
nate State and local education, social, health, 
mental health, and other services, in addressing 
the full range of student needs, particularly the 
needs of children with disabilities who need sig-
nificant levels of support to participate and 
learn in school and the community. 
‘‘(5) The availability of an adequate number of 
qualified personnel is critical to serve effectively chil-
dren with disabilities, to assume leadership positions 
in administration and direct services, to provide 
teacher training, and to conduct high quality research 
to improve special education. 
‘‘(6) High quality, comprehensive professional 
development programs are essential to ensure that the 
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persons responsible for the education or transition of 
children with disabilities possess the skills and knowl-
edge necessary to address the educational and related 
needs of those children. 
‘‘(7) Models of professional development should 
be scientifically based and reflect successful practices, 
including strategies for recruiting, preparing, and re-
taining personnel. 
‘‘(8) Continued support is essential for the devel-
opment and maintenance of a coordinated and high 
quality program of research to inform successful 
teaching practices and model curricula for educating 
children with disabilities. 
‘‘(9) A comprehensive research agenda should be 
established and pursued to promote the highest qual-
ity and rigor in special education research, and to 
address the full range of issues facing children with 
disabilities, parents of children with disabilities, 
school personnel, and others. 
‘‘(10) Training, technical assistance, support, 
and dissemination activities are necessary to ensure 
that parts B and C are fully implemented and 
achieve high quality early intervention, educational, 
and transitional results for children with disabilities 
and their families. 
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‘‘(11) Parents, teachers, administrators, and re-
lated services personnel need technical assistance and 
information in a timely, coordinated, and accessible 
manner in order to improve early intervention, edu-
cational, and transitional services and results at the 
State and local levels for children with disabilities 
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) playing a vital role in creating and 
preserving constructive relationships between 
parents of children with disabilities and schools 
by facilitating open communication between the 
parents and schools; encouraging dispute resolu-
tion at the earliest possible point in time; and 
discouraging the escalation of an adversarial 
process between the parents and schools; 
‘‘(B) ensuring the involvement of parents in 
planning and decisionmaking with respect to 
early intervention, educational, and transitional 
services; 
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‘‘(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 673(b)(6); 
‘‘(F) supporting the roles of such parents as 
participants within partnerships seeking to im-
prove early intervention, educational, and tran-
sitional services and results for children with 
disabilities and their families; and 
‘‘(G) supporting such parents who may 
have limited access to services and supports, due 
to economic, cultural, or linguistic barriers. 
‘‘(13) Support is needed to improve technological 
resources and integrate technology, including univer-
sally designed technologies, into the lives of children 
with disabilities, parents of children with disabilities, 
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school personnel, and others through curricula, serv-
ices, and assistive technologies. 
‘‘Subpart 1—State Personnel Preparation and 
Professional Development Grants 
‘‘SEC. 651. PURPOSE; DEFINITION; PROGRAM AUTHORITY. 
‘‘(a) PURPOSE.—The purpose of this subpart is to as-
sist State educational agencies in reforming and improving 
their systems for personnel preparation and professional de-
velopment in early intervention, educational, and transi-
tion services in order to improve results for children with 
disabilities. 
‘‘(b) DEFINITION.—In this subpart, the term ‘per-
sonnel’ means special education teachers, regular education 
teachers, principals, administrators, related services per-
sonnel, paraprofessionals, and early intervention personnel 
serving infants, toddlers, preschoolers, or children with dis-
abilities, except where a particular category of personnel, 
such as related services personnel, is identified. 
‘‘(c) COMPETITIVE GRANTS.— 
‘‘(1) IN GENERAL.—Except as provided in sub-
section (d), for any fiscal year for which the amount 
appropriated under section 655, that remains after 
the Secretary reserves funds under subsection (e) for 
the fiscal year, is less than $100,000,000, the Sec-
retary shall award grants, on a competitive basis, to 
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State educational agencies to carry out the activities 
described in the State plan submitted under section 
653. 
‘‘(2) PRIORITY.—In awarding grants under 
paragraph (1), the Secretary may give priority to 
State educational agencies that— 
‘‘(A) are in States with the greatest per-
sonnel shortages; or 
‘‘(B) demonstrate the greatest difficulty 
meeting the requirements of section 612(a)(14). 
‘‘(3) MINIMUM.—The Secretary shall make a 
grant to each State educational agency selected under 
paragraph (1) in an amount for each fiscal year that 
is— 
‘‘(A) not less than $500,000, nor more than 
$4,000,000, in the case of the 50 States, the Dis-
trict of Columbia, and the Commonwealth of 
Puerto Rico; and 
‘‘(B) not less than $80,000 in the case of an 
outlying area. 
‘‘(4) INCREASES.—The Secretary may increase 
the amounts under in paragraph (3) to account for 
inflation. 
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‘‘(5) FACTORS.—The Secretary shall set the 
amount of each grant under paragraph (1) after con-
sidering— 
‘‘(A) the amount of funds available for mak-
ing the grants; 
‘‘(B) the relative population of the State or 
outlying area; 
‘‘(C) the types of activities proposed by the 
State or outlying area; 
‘‘(D) the alignment of proposed activities 
with section 612(a)(14); 
‘‘(E) the alignment of proposed activities 
with the State plans and applications submitted 
under sections 1111 and 2112, respectively, of 
the Elementary and Secondary Education Act of 
1965; and 
‘‘(F) the use, as appropriate, of scientif-
ically based activities. 
‘‘(d) FORMULA GRANTS.— 
‘‘(1) IN GENERAL.—Except as provided in para-
graphs (2) and (3), for the first fiscal year for which 
the amount appropriated under section 655, that re-
mains after the Secretary reserves funds under sub-
section (e) for the fiscal year, is equal to or greater 
than $100,000,000, and for each fiscal year thereafter, 
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the Secretary shall allot to each State educational 
agency, whose application meets the requirements of 
this subpart, an amount that bears the same relation 
to the amount appropriated as the amount the State 
received under section 611(d) for that fiscal year 
bears to the amount of funds received by all States 
(whose applications meet the requirements of this sub-
part) under section 611(d) for that fiscal year. 
‘‘(2) MINIMUM ALLOTMENTS FOR STATES THAT 
RECEIVED COMPETITIVE GRANTS.— 
‘‘(A) IN
GENERAL.—The amount allotted 
under this subsection to any State that received 
a competitive multi-year grant under subsection 
(c) for which the grant period has not expired 
shall be at least the amount specified for that fis-
cal year in the State’s grant award document 
under that subsection. 
‘‘(B) SPECIAL
RULE.—Each such State 
shall use the minimum amount described in sub-
paragraph (A) for the activities described in its 
competitive grant award document for that year, 
unless the Secretary approves a request from the 
State to spend the funds on other activities. 
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‘‘(3) MINIMUM ALLOTMENT.—The amount of any 
State educational agency’s allotment under this sub-
section for any fiscal year shall not be less than— 
‘‘(A) the greater of $500,000 or 1⁄2 of 1 per-
cent of the total amount available under this 
subsection for that year, in the case of each of the 
50 States, the District of Columbia, and the 
Commonwealth of Puerto Rico; and 
‘‘(B) $80,000, in the case of an outlying 
area. 
‘‘(e) CONTINUATION AWARDS.— 
‘‘(1) IN GENERAL.—Notwithstanding any other 
provision of this subpart, from funds appropriated 
under section 655 for each fiscal year, the Secretary 
shall reserve the amount that is necessary to make a 
continuation award to any State (at the request of the 
State) that received a multi-year award under this 
part (as this part was in effect on the day before the 
date of enactment of the Individuals with Disabilities 
Education Improvement Act of 2004), to enable the 
State to carry out activities in accordance with the 
terms of the multi-year award. 
‘‘(2) PROHIBITION.—A State that receives a con-
tinuation award under paragraph (1) for any fiscal 
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year may not receive any other award under this sub-
part for that fiscal year. 
‘‘SEC. 652. ELIGIBILITY AND COLLABORATIVE PROCESS. 
‘‘(a) ELIGIBLE APPLICANTS.—A State educational 
agency may apply for a grant under this subpart for a 
grant period of not less than 1 year and not more than 
5 years. 
‘‘(b) PARTNERS.— 
‘‘(1) IN GENERAL.—In order to be considered for 
a grant under this subpart, a State educational agen-
cy shall establish a partnership with local educational 
agencies and other State agencies involved in, or con-
cerned with, the education of children with disabil-
ities, including institutions of higher education and 
the State agencies responsible for administering part 
C, child care, and vocational rehabilitation programs. 
‘‘(2) OTHER PARTNERS.—In order to be consid-
ered for a grant under this subpart, a State edu-
cational agency shall work in partnership with other 
persons and organizations involved in, and concerned 
with, the education of children with disabilities, 
which may include— 
‘‘(A) the Governor; 
‘‘(B) parents of children with disabilities 
ages birth through 26; 
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‘‘(C) parents of nondisabled children ages 
birth through 26; 
‘‘(D) individuals with disabilities; 
‘‘(E) parent training and information cen-
ters or community parent resource centers fund-
ed under sections 671 and 672, respectively; 
‘‘(F) community based and other nonprofit 
organizations involved in the education and em-
ployment of individuals with disabilities; 
‘‘(G) personnel as defined in section 651(b); 
‘‘(H) the State advisory panel established 
under part B; 
‘‘(I) the State interagency coordinating 
council established under part C; 
‘‘(J) individuals knowledgeable about voca-
tional education; 
‘‘(K) the State agency for higher education; 
‘‘(L) public agencies with jurisdiction in the 
areas of health, mental health, social services, 
and juvenile justice; 
‘‘(M) other providers of professional develop-
ment that work with infants, toddlers, pre-
schoolers, and children with disabilities; and 
‘‘(N) other individuals. 
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‘‘(3) REQUIRED PARTNER.—If State law assigns 
responsibility for teacher preparation and certifi-
cation to an individual, entity, or agency other than 
the State educational agency, the State educational 
agency shall— 
‘‘(A) include that individual, entity, or 
agency as a partner in the partnership under 
this subsection; and 
‘‘(B) ensure that any activities the State 
will carry out under this subpart that are within 
that partner’s jurisdiction (which may include 
activities described in section 654(b)) are carried 
out by that partner. 
‘‘SEC. 653. 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 identifies and addresses the State 
and local needs for the personnel preparation and 
professional development of personnel, as well as indi-
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viduals who provide direct supplementary aids and 
services to children with disabilities, and that— 
‘‘(A) is designed to enable the State to meet 
the requirements of section 612(a)(14) and sec-
tion 635(a) (8) and (9); 
‘‘(B) is based on an assessment of State and 
local needs that identifies critical aspects and 
areas in need of improvement related to the 
preparation, ongoing training, and professional 
development of personnel that serve infants, tod-
dlers, preschoolers, and children with disabilities 
within the State, including— 
‘‘(i) current and anticipated personnel 
vacancies and shortages; and 
‘‘(ii) the number of preservice pro-
grams; and 
‘‘(C) is integrated and aligned, to the max-
imum extent possible, with State plans and ac-
tivities under the Elementary and Secondary 
Education Act of 1965, the Rehabilitation Act of 
1973, and the Higher Education Act of 1965. 
‘‘(3) REQUIREMENT.—The State application 
shall contain an assurance that the State educational 
agency will carry out each of the strategies described 
in subsection (b)(4). 
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‘‘(b) ELEMENTS OF STATE PERSONNEL PREPARATION 
AND PROFESSIONAL DEVELOPMENT PLAN.—Each profes-
sional development plan under subsection (a)(2) shall— 
‘‘(1) describe a partnership agreement that is in 
effect for the period of the grant, which agreement 
shall specify— 
‘‘(A) the nature and extent of the partner-
ship described in section 652(b) and the respec-
tive roles of each member of the partnership, in-
cluding 
the 
partner 
described 
in 
section 
652(b)(3) if applicable; and 
‘‘(B) how the State will work with other 
persons and organizations involved in, and con-
cerned with, the education of children with dis-
abilities, including the respective roles of each of 
the persons and organizations; 
‘‘(2) describe how the strategies and activities de-
scribed in paragraph (4) will be coordinated with 
other public resources (including part B and part C 
funds retained for use at the State level for personnel 
and professional development purposes) and private 
resources; 
‘‘(3) describe how the State will align its profes-
sional development plan under this subpart with the 
plan and application submitted under sections 1111 
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and 2112, respectively, of the Elementary and Sec-
ondary Education Act of 1965; 
‘‘(4) describe what strategies the State will use to 
address the professional development and personnel 
needs identified under subsection (a)(2) and how those 
strategies will be implemented, including— 
‘‘(A) a description of the preservice and in-
service programs and activities to be supported 
under this subpart that will provide personnel 
with the knowledge and skills to meet the needs 
of, and improve the performance and achieve-
ment of, infants, toddlers, preschoolers, and chil-
dren with disabilities; and 
‘‘(B) how such strategies shall be integrated, 
to the maximum extent possible, with other ac-
tivities supported by grants funded under this 
part, including those under section 664; 
‘‘(5) provide an assurance that the State will 
provide technical assistance to local educational agen-
cies to improve the quality of professional develop-
ment available to meet the needs of personnel who 
serve children with disabilities; 
‘‘(6) provide an assurance that the State will 
provide technical assistance to entities that provide 
services to infants and toddlers with disabilities to 
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improve the quality of professional development avail-
able to meet the needs of personnel serving such chil-
dren; 
‘‘(7) describe how the State will recruit and re-
tain highly qualified teachers and other qualified per-
sonnel in geographic areas of greatest need; 
‘‘(8) describe the steps the State will take to en-
sure that poor and minority children are not taught 
at higher rates by teachers who are not highly quali-
fied; and 
‘‘(9) describe how the State will assess, on a reg-
ular basis, the extent to which the strategies imple-
mented under this subpart have been effective in meet-
ing the performance goals described in section 
612(a)(15). 
‘‘(c) PEER REVIEW.— 
‘‘(1) IN GENERAL.—The Secretary shall use a 
panel of experts who are competent, by virtue of their 
training, expertise, or experience, to evaluate applica-
tions for grants under section 651(c)(1). 
‘‘(2) COMPOSITION OF PANEL.—A majority of a 
panel described in paragraph (1) shall be composed of 
individuals who are not employees of the Federal 
Government. 
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‘‘(3) PAYMENT OF FEES AND EXPENSES OF CER-
TAIN MEMBERS.—The Secretary may use available 
funds appropriated to carry out this subpart to pay 
the expenses and fees of panel members who are not 
employees of the Federal Government. 
‘‘(d) REPORTING PROCEDURES.—Each State edu-
cational agency that receives a grant under this subpart 
shall submit annual performance reports to the Secretary. 
The reports shall describe the progress of the State in imple-
menting its plan and analyze the effectiveness of the State’s 
activities under this subpart. 
‘‘SEC. 654. USE OF FUNDS. 
‘‘(a) PROFESSIONAL DEVELOPMENT ACTIVITIES.—A 
State educational agency that receives a grant under this 
subpart shall use the grant funds to support activities in 
accordance with the State’s plan described in section 653, 
including 1 or more of the following: 
‘‘(1) Carrying out programs that provide sup-
port to both special education and regular education 
teachers of children with disabilities and principals, 
such as programs that— 
‘‘(A) provide teacher mentoring, team teach-
ing, reduced class schedules and case loads, and 
intensive professional development; 
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‘‘(B) use standards or assessments for guid-
ing beginning teachers that are consistent with 
challenging State student academic achievement 
and functional standards and with the require-
ments for professional development as defined in 
section 9101(34) of the Elementary and Sec-
ondary Education Act of 1965; and 
‘‘(C) encourage collaborative and consult-
ative models of providing early intervention, spe-
cial education, and related services. 
‘‘(2) Encouraging and supporting the training of 
special education and regular education teachers and 
administrators to effectively use and integrate tech-
nology— 
‘‘(A) into curricula and instruction, includ-
ing training to improve the ability to collect, 
manage, and analyze data to improve teaching, 
decisionmaking, school improvement efforts, and 
accountability; 
‘‘(B) to enhance learning by children with 
disabilities; and 
‘‘(C) to effectively communicate with par-
ents. 
‘‘(3) Providing professional development activi-
ties that— 
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‘‘(A) improve the knowledge of special edu-
cation and regular education teachers con-
cerning— 
‘‘(i) the academic and developmental 
or functional needs of students with disabil-
ities; or 
‘‘(ii) effective instructional strategies, 
methods, and skills, and the use of State 
academic content standards and student 
academic 
achievement 
and 
functional 
standards, and State assessments, to im-
prove teaching practices and student aca-
demic achievement; 
‘‘(B) improve the knowledge of special edu-
cation and regular education teachers and prin-
cipals and, in appropriate cases, paraprofes-
sionals, concerning effective instructional prac-
tices and that— 
‘‘(i) provide training in how to teach 
and address the needs of children with dif-
ferent learning styles and children with 
limited English proficiency; 
‘‘(ii) involve collaborative groups of 
teachers, administrators, and, in appro-
priate cases, related services personnel; 
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‘‘(iii) provide training in methods of— 
‘‘(I) positive behavioral interven-
tions and supports to improve student 
behavior in the classroom; 
‘‘(II) scientifically based reading 
instruction, including early literacy 
instruction; 
‘‘(III) 
early 
and 
appropriate 
interventions to identify and help chil-
dren with disabilities; 
‘‘(IV) effective instruction for chil-
dren with low incidence disabilities; 
‘‘(V) successful transitioning to 
postsecondary opportunities; and 
‘‘(VI) using classroom-based tech-
niques to assist children prior to refer-
ral for special education; 
‘‘(iv) provide training to enable per-
sonnel to work with and involve parents in 
their child’s education, including parents of 
low income and limited English proficient 
children with disabilities; 
‘‘(v) provide training for special edu-
cation personnel and regular education per-
sonnel in planning, developing, and imple-
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menting effective and appropriate IEPs; 
and 
‘‘(vi) provide training to meet the 
needs of students with significant health, 
mobility, or behavioral needs prior to serv-
ing such students; 
‘‘(C) train administrators, principals, and 
other relevant school personnel in conducting ef-
fective IEP meetings; and 
‘‘(D) Train early intervention, preschool, 
and related services providers, and other relevant 
school personnel, in conducting effective individ-
ualized family service plan (IFSP) meetings. 
‘‘(4) Developing and implementing initiatives to 
promote the recruitment and retention of highly 
qualified special education teachers, particularly ini-
tiatives that have been proven effective in recruitment 
and retaining highly qualified teachers, including 
programs that provide— 
‘‘(A) teacher mentoring from exemplary spe-
cial education teachers, principals, or super-
intendents; 
‘‘(B) induction and support for special edu-
cation teachers during their first 3 years of em-
ployment as teachers; or 
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‘‘(C) incentives, including financial incen-
tives, to retain special education teachers who 
have a record of success in helping students with 
disabilities. 
‘‘(5) Carrying out programs and activities that 
are designed to improve the quality of personnel who 
serve children with disabilities, such as— 
‘‘(A) innovative professional development 
programs (which may be provided through part-
nerships that include institutions of higher edu-
cation), including programs that train teachers 
and principals to integrate technology into cur-
ricula and instruction to improve teaching, 
learning, and technology literacy, which profes-
sional development shall be consistent with the 
definition of professional development in section 
9101(34) of the Elementary and Secondary Edu-
cation Act of 1965; and 
‘‘(B) the development and use of proven, 
cost effective strategies for the implementation of 
professional development activities, such as 
through the use of technology and distance learn-
ing. 
‘‘(6) Carrying out programs and activities that 
are designed to improve the quality of early interven-
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tion personnel, including paraprofessionals and pri-
mary referral sources, such as— 
‘‘(A) professional development programs to 
improve the delivery of early intervention serv-
ices; 
‘‘(B) initiatives to promote the recruitment 
and retention of early intervention personnel; 
and 
‘‘(C) interagency activities to ensure that 
personnel are adequately prepared and trained. 
‘‘(b) OTHER ACTIVITIES.—A State educational agency 
that receives a grant under this subpart shall use the grant 
funds to support activities in accordance with the State’s 
plan described in section 653, including 1 or more of the 
following: 
‘‘(1) Reforming special education and regular 
education teacher certification (including recertifi-
cation) or licensing requirements to ensure that— 
‘‘(A) special education and regular edu-
cation teachers have— 
‘‘(i) the training and information nec-
essary to address the full range of needs of 
children with disabilities across disability 
categories; and 
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‘‘(ii) the necessary subject matter 
knowledge and teaching skills in the aca-
demic subjects that they teach; 
‘‘(B) special education and regular edu-
cation teacher certification (including recertifi-
cation) or licensing requirements are aligned 
with challenging State academic content stand-
ards; and 
‘‘(C) special education and regular edu-
cation teachers have the subject matter knowledge 
and teaching skills, including technology lit-
eracy, necessary to help students with disabilities 
meet challenging State student academic achieve-
ment and functional standards. 
‘‘(2) Programs that establish, expand, or improve 
alternative routes for State certification of special 
education teachers for highly qualified individuals 
with a baccalaureate or master’s degree, including 
mid-career professionals from other occupations, 
paraprofessionals, and recent college or university 
graduates with records of academic distinction who 
demonstrate the potential to become highly effective 
special education teachers. 
‘‘(3) Teacher advancement initiatives for special 
education teachers that promote professional growth 
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and emphasize multiple career paths (such as paths 
to becoming a career teacher, mentor teacher, or exem-
plary teacher) and pay differentiation. 
‘‘(4) Developing and implementing mechanisms 
to assist local educational agencies and schools in ef-
fectively recruiting and retaining highly qualified 
special education teachers. 
‘‘(5) Reforming tenure systems, implementing 
teacher testing for subject matter knowledge, and im-
plementing teacher testing for State certification or 
licensing, consistent with title II of the Higher Edu-
cation Act of 1965. 
‘‘(6) Funding projects to promote reciprocity of 
teacher certification or licensing between or among 
States for special education teachers, except that no 
reciprocity agreement developed under this paragraph 
or developed using funds provided under this subpart 
may lead to the weakening of any State teaching cer-
tification or licensing requirement. 
‘‘(7) Developing or assisting local educational 
agencies to serve children with disabilities through the 
development and use of proven, innovative strategies 
to deliver intensive professional development pro-
grams that are both cost effective and easily acces-
sible, such as strategies that involve delivery through 
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the use of technology, peer networks, and distance 
learning. 
‘‘(8) Developing, or assisting local educational 
agencies in developing, merit based performance sys-
tems, and strategies that provide differential and 
bonus pay for special education teachers. 
‘‘(9) Supporting activities that ensure that 
teachers are able to use challenging State academic 
content standards and student academic and func-
tional achievement standards, and State assessments 
for all children with disabilities, to improve instruc-
tional practices and improve the academic achieve-
ment of children with disabilities. 
‘‘(10) When applicable, coordinating with, and 
expanding 
centers 
established 
under, 
section 
2113(c)(18) of the Elementary and Secondary Edu-
cation Act of 1965 to benefit special education teach-
ers. 
‘‘(c) CONTRACTS AND SUBGRANTS.—Each such State 
educational agency— 
‘‘(1) shall award contracts or subgrants to local 
educational agencies, institutions of higher education, 
parent training and information centers, or commu-
nity parent resource centers, as appropriate, to carry 
out its State plan under this subpart; and 
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‘‘(2) may award contracts and subgrants to other 
public and private entities, including the lead agency 
under part C, to carry out such plan. 
‘‘(d) USE OF FUNDS FOR PROFESSIONAL DEVELOP-
MENT.—A State educational agency that receives a grant 
under this subpart shall use— 
‘‘(1) not less than 75 percent of the funds the 
State educational agency receives under the grant for 
any fiscal year for activities under subsection (a); 
and 
‘‘(2) not more than 25 percent of the funds the 
State educational agency receives under the grant for 
any fiscal year for activities under subsection (b). 
‘‘(e) 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. 655. AUTHORIZATION OF APPROPRIATIONS. 
‘‘There are authorized to be appropriated to carry out 
this subpart such sums as may be necessary for each of the 
fiscal years 2004 through 2009. 
‘‘Subpart 2—Scientifically Based Research, Technical 
Assistance, Model Demonstration Projects, and 
Dissemination of Information 
‘‘SEC. 660. PURPOSE. 
‘‘The purpose of this subpart is— 
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‘‘(1) to provide Federal funding for scientifically 
based research, technical assistance, model demonstra-
tion projects, and information dissemination to im-
prove early intervention, educational, and transi-
tional results for children with disabilities; and 
‘‘(2) to assist State educational agencies and 
local educational agencies in improving their edu-
cation systems. 
‘‘SEC. 661. ADMINISTRATIVE PROVISIONS. 
‘‘(a) COMPREHENSIVE PLAN.— 
‘‘(1) IN GENERAL.—After receiving input from 
interested individuals with relevant expertise, the Sec-
retary shall develop and implement a comprehensive 
plan for activities carried out under this subpart 
(other than activities assisted under section 665 and 
subpart 3) in order to enhance the provision of early 
intervention, educational, related and transitional 
services to children with disabilities under parts B 
and C. The plan shall be coordinated with the plan 
developed pursuant to section 177(c) of the Education 
Sciences Reform Act of 2002 and shall include mecha-
nisms to address early intervention, educational, re-
lated service and transitional needs identified by 
State educational agencies in applications submitted 
for State Personnel and Professional Development 
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grants under subpart 1 and for grants under this sub-
part. 
‘‘(2) PUBLIC
COMMENT.—The Secretary shall 
provide a public comment period of at least 60 days 
on the plan. 
‘‘(3) DISTRIBUTION
OF
FUNDS.—In imple-
menting the plan, the Secretary shall, to the extent 
appropriate, ensure that funds are awarded to recipi-
ents under this subpart, subpart 3, and subpart 4 to 
carry out activities that benefit, directly or indirectly, 
children with the full range of disabilities and of all 
ages. 
‘‘(4) REPORTS
TO
CONGRESS.—The Secretary 
shall annually report to Congress on the Secretary’s 
activities under this subpart, subpart 3, and subpart 
4, including an initial report not later than 12 
months after the date of enactment of the Individuals 
with Disabilities Education Improvement Act of 
2004. 
‘‘(b) ELIGIBLE APPLICANTS.— 
‘‘(1) IN GENERAL.—Except as otherwise provided 
in this subpart, the following entities are eligible to 
apply for a grant, contract, or cooperative agreement 
under this subpart: 
‘‘(A) A State educational agency. 
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‘‘(B) A local educational agency. 
‘‘(C) A public charter school that is a local 
educational agency under State law. 
‘‘(D) An institution of higher education. 
‘‘(E) Any other public agency. 
‘‘(F) A private nonprofit organization. 
‘‘(G) An outlying area. 
‘‘(H) An Indian tribe or a tribal organiza-
tion (as defined under section 4 of the Indian 
Self-Determination and Education Assistance 
Act). 
‘‘(I) A for-profit organization. 
‘‘(2) SPECIAL RULE.—The Secretary may limit 
the entities eligible for an award of a grant, contract, 
or cooperative agreement to 1 or more categories of el-
igible entities described in paragraph (1). 
‘‘(c) SPECIAL POPULATIONS.— 
‘‘(1) APPLICATION
REQUIREMENT.—In making 
an award of a grant, contract, or cooperative agree-
ment under this subpart, subpart 3, and subpart 4, 
the Secretary shall, as appropriate, require an appli-
cant to meet the criteria set forth by the Secretary 
under this subpart and demonstrate how the appli-
cant will address the needs of children with disabil-
ities from minority backgrounds. 
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‘‘(2) OUTREACH AND TECHNICAL ASSISTANCE.— 
Notwithstanding any other provision of this Act, the 
Secretary shall reserve at least 1 percent of the total 
amount of funds made available to carry out this sub-
part, subpart 3, or subpart 4 for 1 or both of the fol-
lowing activities: 
‘‘(A) To provide outreach and technical as-
sistance to Historically Black Colleges and Uni-
versities, and to institutions of higher education 
with minority enrollments of at least 25 percent, 
to promote the participation of such colleges, 
universities, and institutions in activities under 
this subpart. 
‘‘(B) To enable Historically Black Colleges 
and Universities, and the institutions described 
in subparagraph (A), to assist other colleges, 
universities, institutions, and agencies in im-
proving educational and transitional results for 
children with disabilities. 
‘‘(d) PRIORITIES.—The Secretary, in making an 
award of a grant, contract, or cooperative agreement under 
this subpart, subpart 3, or subpart 4, may, without regard 
to the rulemaking procedures under section 553(a) of title 
5, United States Code, limit competitions to, or otherwise 
give priority to— 
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‘‘(1) projects that address 1 or more— 
‘‘(A) age ranges; 
‘‘(B) disabilities; 
‘‘(C) school grades; 
‘‘(D) types of educational placements or 
early intervention environments; 
‘‘(E) types of services; 
‘‘(F) content areas, such as reading; or 
‘‘(G) effective strategies for helping children 
with disabilities learn appropriate behavior in 
the school and other community based edu-
cational settings; 
‘‘(2) projects that address the needs of children 
based on the severity or incidence of their disability; 
‘‘(3) projects that address the needs of— 
‘‘(A) low achieving students; 
‘‘(B) underserved populations; 
‘‘(C) children from low income families; 
‘‘(D) limited English proficient children; 
‘‘(E) unserved and underserved areas; 
‘‘(F) rural or urban areas; 
‘‘(G) children whose behavior interferes with 
their learning and socialization; 
‘‘(H) children with reading difficulties; 
‘‘(I) children in charter schools; or 
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‘‘(J) children who are gifted and talented; 
‘‘(K) children with disabilities served by 
local educational agencies that receive payments 
under title VIII of the Elementary and Sec-
ondary Education Act of 1965; 
‘‘(L) children with disabilities who are 
homeless children or children with disabilities 
who are wards of the State; 
‘‘(4) projects to reduce inappropriate identifica-
tion of children as children with disabilities, particu-
larly among minority children; 
‘‘(5) projects that are carried out in particular 
areas of the country, to ensure broad geographic cov-
erage; 
‘‘(6) projects that promote the development and 
use of universally designed technologies, assistive tech-
nology devices, and assistive technology services to 
maximize children with disabilities’ access to and 
participation in the general education curriculum; 
‘‘(7) any activity that is authorized in this sub-
part or subpart 3; and 
‘‘(8) projects that provide training in edu-
cational advocacy to individuals with responsibility 
for the needs of wards of the State, including foster 
parents, grandparents and other relatives acting in 
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the place of a natural or adoptive parent, attorneys 
for children in foster care, guardians ad litem, court 
appointed special advocates, judges, education surro-
gates, and children’s caseworkers. 
‘‘(e) APPLICANT AND RECIPIENT RESPONSIBILITIES.— 
‘‘(1) 
DEVELOPMENT
AND
ASSESSMENT
OF 
PROJECTS.—The Secretary shall require that an ap-
plicant for, and a recipient of, a grant, contract, or 
cooperative agreement for a project under this sub-
part, subpart 3, or subpart 4— 
‘‘(A) involve individuals with disabilities or 
parents of individuals with disabilities ages 
birth through 26 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 Sec-
retary may require a recipient of a grant, contract, 
or cooperative agreement under this subpart, subpart 
3, or subpart 4 to— 
‘‘(A) share in the cost of the project; 
‘‘(B) prepare any findings and products 
from the project in formats that are useful for 
specific audiences, including parents, adminis-
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trators, teachers, early intervention personnel, 
related services personnel, and individuals with 
disabilities; 
‘‘(C) disseminate such findings and prod-
ucts; and 
‘‘(D) collaborate with other such recipients 
in carrying out subparagraphs (B) and (C). 
‘‘(f) APPLICATION MANAGEMENT.— 
‘‘(1) STANDING PANEL.— 
‘‘(A) IN GENERAL.—The Secretary shall es-
tablish and use a standing panel of experts who 
are competent, by virtue of their training, exper-
tise, or experience, to evaluate applications 
under this subpart (other than applications for 
assistance under section 665), subpart 3, and 
subpart 4 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 representa-
tives of institutions of higher education that 
plan, develop, and carry out high quality 
programs of personnel preparation; 
‘‘(ii) individuals who design and carry 
out scientifically based research targeted to 
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the improvement of special education pro-
grams and services; 
‘‘(iii) individuals who have recognized 
experience and knowledge necessary to inte-
grate and apply scientifically based re-
search findings to improve educational and 
transitional results for children with dis-
abilities; 
‘‘(iv) individuals who administer pro-
grams at the State or local level in which 
children with disabilities participate; 
‘‘(v) individuals who prepare parents 
of children with disabilities to participate 
in making decisions about the education of 
their children; 
‘‘(vi) individuals who establish policies 
that affect the delivery of services to chil-
dren with disabilities; 
‘‘(vii) parents of children with disabil-
ities ages birth through 26 who are bene-
fiting, or have benefited, from coordinated 
research, personnel preparation, and tech-
nical assistance; and 
‘‘(viii) individuals with disabilities. 
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‘‘(C) TERM.—Unless approved by the Sec-
retary due to extenuating circumstances related 
to shortages of experts in a particular area of ex-
pertise or for a specific competition, no indi-
vidual shall serve on the standing panel for more 
than 3 consecutive years. 
‘‘(2) PEER
REVIEW
PANELS
FOR
PARTICULAR 
COMPETITIONS.— 
‘‘(A) COMPOSITION.—The Secretary shall 
ensure that each sub panel selected from the 
standing panel that reviews applications under 
this subpart (other than section 665), subpart 3, 
and subpart 4 includes— 
‘‘(i) individuals with knowledge and 
expertise on the issues addressed by the ac-
tivities authorized by the relevant subpart; 
and 
‘‘(ii) to the extent practicable, parents 
of children with disabilities ages birth 
through 26, individuals with disabilities, 
and persons from diverse backgrounds. 
‘‘(B) FEDERAL EMPLOYMENT LIMITATION.— 
A majority of the individuals on each sub panel 
that reviews an application under this subpart 
(other than an application under section 665), 
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subpart 3, and subpart 4 shall be individuals 
who are not employees of the Federal Govern-
ment. 
‘‘(3) USE OF DISCRETIONARY FUNDS FOR ADMIN-
ISTRATIVE PURPOSES.— 
‘‘(A) EXPENSES
AND
FEES
OF
NON-FED-
ERAL PANEL MEMBERS.—The Secretary may use 
funds made available under this subpart, sub-
part 3, and subpart 4 to pay the expenses and 
fees of the panel members who are not officers or 
employees of the Federal Government. 
‘‘(B) ADMINISTRATIVE SUPPORT.—The Sec-
retary may use not more than 1 percent of the 
funds made available to carry out this subpart, 
subpart 3, or subpart 4 to pay non-Federal enti-
ties for administrative support related to man-
agement of applications submitted under this 
subpart. 
‘‘(4) AVAILABILITY OF CERTAIN PRODUCTS.—The 
Secretary shall ensure that recipients of grants, coop-
erative agreements, or contracts under this subpart, 
subpart 3, and subpart 4 make available in formats 
that are accessible to individuals with disabilities any 
products developed under such grants, cooperative 
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agreements, or contracts that the recipient is making 
available to the public. 
‘‘(g) PROGRAM EVALUATION.—The Secretary may use 
funds made available to carry out this subpart, subpart 3, 
and subpart 4 to evaluate activities carried out under this 
subpart. 
‘‘(h) MINIMUM FUNDING REQUIRED.— 
‘‘(1) IN GENERAL.—Subject to paragraph (2), the 
Secretary shall ensure that, for each fiscal year, at 
least the following amounts are provided under this 
subpart and subpart 3 to address the following needs: 
‘‘(A) $12,832,000 to address the edu-
cational, related services, transitional, and early 
intervention needs of children with deaf-blind-
ness. 
‘‘(B) $4,000,000 to address the postsec-
ondary, vocational, technical, continuing, and 
adult education needs of individuals with deaf-
ness. 
‘‘(C) $4,000,000 to address the educational, 
related services, and transitional needs of chil-
dren with an emotional disturbance and those 
who are at risk of developing an emotional dis-
turbance. 
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‘‘(2) RATABLE REDUCTION.—If the total amount 
appropriated to carry out this subpart, subpart 3, 
and part E of the Education Sciences Reform Act of 
2002 for any fiscal year is less than $130,000,000, the 
amounts listed in paragraph (1) shall be ratably re-
duced. 
‘‘(i) ELIGIBILITY FOR FINANCIAL ASSISTANCE.—No 
State or local educational agency, or other public institu-
tion or agency, may receive a grant or enter into a contract 
or cooperative agreement under this subpart that relates ex-
clusively to programs, projects, and activities pertaining to 
children aged 3 through 5, inclusive, unless the State is eli-
gible to receive a grant under section 619(b). 
‘‘SEC. 662. RESEARCH COORDINATION TO IMPROVE RE-
SULTS FOR CHILDREN WITH DISABILITIES. 
‘‘The Secretary shall coordinate research carried out 
under this subpart with research carried out under part 
E of the Education Sciences Reform Act of 2002. 
‘‘SEC. 
663. 
TECHNICAL 
ASSISTANCE, 
DEMONSTRATION 
PROJECTS, 
DISSEMINATION 
OF 
INFORMA-
TION, AND IMPLEMENTATION OF SCIENTIF-
ICALLY BASED RESEARCH. 
‘‘(a) IN GENERAL.—From amounts made available 
under section 675, the Secretary, on a competitive basis, 
shall award grants to, or enter into contracts or cooperative 
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agreements with, eligible entities to provide technical assist-
ance, carry out model demonstration projects, disseminate 
useful information, and implement activities that are sup-
ported by scientifically based research. 
‘‘(b) REQUIRED ACTIVITIES.—The Secretary shall sup-
port activities to improve services provided under this Act, 
including the practices of professionals and others involved 
in providing such services to children with disabilities, that 
promote academic achievement and functional performance 
to improve educational results and functional outcomes for 
children with disabilities through— 
‘‘(1) implementing effective strategies that are 
conducive to learning and for addressing inappro-
priate behavior of students with disabilities in 
schools, including strategies to prevent children with 
emotional and behavioral problems from developing 
emotional disturbances that require the provision of 
special education and related services; 
‘‘(2) improving the alignment, compatibility, 
and development of valid and reliable assessment 
methods, including alternate assessment methods and 
evaluation methods, for assessing adequately yearly 
progress as described in section 1111(b)(2) of the Ele-
mentary and Secondary Education Act of 1965; 
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‘‘(3) providing information to both regular edu-
cation teachers and special education teachers to ad-
dress the different learning styles and disabilities of 
students; 
‘‘(4) disseminating information on innovative, 
effective, and efficient curricula, materials (including 
those that are universally designed), instructional ap-
proaches, and strategies that— 
‘‘(A) support effective transitions between 
educational settings or from school to post-school 
settings; 
‘‘(B) support effective inclusion of students 
with disabilities in general education settings, 
especially students with low-incidence disabil-
ities; and 
‘‘(C) improve educational and transitional 
results at all levels of the educational system in 
which the activities are carried out and, in par-
ticular, that improve the progress of children 
with disabilities, as measured by assessments 
within the general education curriculum in-
volved; and 
‘‘(5) demonstrating and applying scientifically- 
based findings to facilitate systematic changes related 
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to the provision of services to children with disabil-
ities. 
‘‘(c) AUTHORIZED ACTIVITIES.—Activities that may 
be carried out under this section include activities to im-
prove services provided under this Act, including the prac-
tices of professionals and others involved in providing such 
services to children with disabilities, that promote increased 
academic achievement and enhanced functional outcomes 
for children with disabilities through— 
‘‘(1) supporting and promoting the coordination 
of early intervention, education, and transitional 
services for children with disabilities with services 
provided by health, rehabilitation, and social service 
agencies; 
‘‘(2) promoting improved alignment and com-
patibility of general and special education reforms 
concerned with curriculum and instructional reform, 
and evaluating of such reforms; 
‘‘(3) enabling professionals, parents of children 
with disabilities, and other persons, to learn about, 
and implement, the findings of scientifically based re-
search and effective practices relating to the provision 
of services to children with disabilities; 
‘‘(4) disseminating information relating to suc-
cessful approaches to overcoming systemic barriers to 
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the effective and efficient delivery of early interven-
tion, educational, and transitional services, to per-
sonnel who provide services to children with disabil-
ities; 
‘‘(5) assisting States and local educational agen-
cies with the process of planning systemic changes 
that will promote improved early intervention, edu-
cational, and transitional results for children with 
disabilities; 
‘‘(6) promoting change through a multi-State or 
regional framework that benefits States, local edu-
cational agencies, and other participants in partner-
ships that are in the process of achieving systemic 
change; 
‘‘(7) focusing on the needs and issues that are 
specific to a population of children with disabilities, 
such as providing single-State and multi-State tech-
nical assistance and in-service training— 
‘‘(A) to schools and agencies serving deaf- 
blind children and their families; 
‘‘(B) to programs and agencies serving other 
groups of children with low-incidence disabilities 
and their families; 
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‘‘(C) to address the postsecondary education 
needs of individuals who are deaf or hard-of- 
hearing; and 
‘‘(D) to schools and personnel providing 
special education and related services for chil-
dren with autism spectrum disorders; 
‘‘(8) demonstrating models of personnel prepara-
tion to ensure appropriate placements and services for 
all 
students 
with 
disabilities 
and 
to 
reduce 
disproportionality in eligibility, placement, and dis-
ciplinary actions for minority and limited English 
proficient children: and 
‘‘(9) disseminating information on how to reduce 
racial and ethnic disproportionalities. 
‘‘(d) BALANCE
AMONG
DISABILITIES
AND
AGE 
RANGES.—In carrying out this section, the Secretary shall 
ensure that there is an appropriate balance across all age 
ranges and disabilities. 
‘‘(e) LINKING STATES TO INFORMATION SOURCES.— 
In carrying out this section, the Secretary may support 
projects that link States to technical assistance resources, 
including special education and general education re-
sources, and may make research and related products avail-
able through libraries, electronic networks, parent training 
projects, and other information sources. 
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‘‘(f) APPLICATIONS.— 
‘‘(1) IN GENERAL.—An eligible entity that de-
sires to receive a grant, or to enter into a contract or 
cooperative agreement, under this section shall submit 
an application to the Secretary at such time, in such 
manner, and containing such information as the Sec-
retary may require. 
‘‘(2) CONTENTS.—The Secretary may, as appro-
priate, require eligible entities to demonstrate that the 
projects described in their applications are supported 
by scientifically based research that has been carried 
out in conjunction with the standards for the conduct 
and evaluation of all research and development estab-
lished by the National Center for Education Research 
under sections 133 and 134 of the Education Sciences 
Reform Act of 2002. 
‘‘(3) PRIORITY.—As appropriate, the Secretary 
shall give priority to applications that propose to 
serve teachers and school personnel directly in the 
school environment or that strengthen State and local 
agency capacity to improve instructional practices of 
personnel to improve educational results for children 
with disabilities in the school environment. 
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‘‘SEC. 664. PERSONNEL DEVELOPMENT TO IMPROVE SERV-
ICES AND RESULTS FOR CHILDREN WITH DIS-
ABILITIES. 
‘‘(a) IN GENERAL.—The Secretary, on a competitive 
basis, shall award grants to, or enter into contracts or coop-
erative agreements with, eligible entities for 1 or more of 
the following: 
‘‘(1) To help address the needs identified in the 
State plan described in section 653(a)(2) for highly 
qualified personnel, as defined in section 651(b), to 
work with infants, toddlers, or children with disabil-
ities, consistent with the standards described in sec-
tion 612(a)(14). 
‘‘(2) To ensure that those personnel have the nec-
essary skills and knowledge, derived from practices 
that have been determined, through scientifically 
based research, to be successful in serving those chil-
dren. 
‘‘(3) To encourage increased focus on academics 
and core content areas in special education personnel 
preparation programs. 
‘‘(4) To ensure that regular education teachers 
have the necessary skills and knowledge to provide in-
struction to students with disabilities in the regular 
education classroom. 
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‘‘(5) To ensure that all special education teachers 
are highly qualified. 
‘‘(6) To ensure that preservice and in-service 
personnel preparation programs include training 
in— 
‘‘(A) the use of new technologies; 
‘‘(B) the area of early intervention, edu-
cational, and transition services; 
‘‘(C) effectively involving parents; and 
‘‘(D) positive behavioral supports. 
‘‘(7) To provide high-quality professional devel-
opment for principals, superintendents, and other ad-
ministrators, including training in— 
‘‘(A) instructional leadership; 
‘‘(B) behavioral supports in the school and 
classroom; 
‘‘(C) paperwork reduction; 
‘‘(D) promoting improved collaboration be-
tween special education and general education 
teachers; 
‘‘(E) assessment and accountability; 
‘‘(F) ensuring effective learning environ-
ments; and 
‘‘(G) fostering positive relationships with 
parents. 
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‘‘(b) PERSONNEL DEVELOPMENT; AUTHORIZED AC-
TIVITIES.— 
‘‘(1) IN GENERAL.—In carrying out this section, 
the Secretary shall support activities to prepare per-
sonnel, including activities for the preparation of per-
sonnel who will serve children with high-incidence 
and low-incidence disabilities, consistent with the ob-
jectives described in subsection (a). 
‘‘(2) AUTHORIZED
ACTIVITIES.—Activities that 
may be carried out under this subsection include the 
following: 
‘‘(A) Supporting collaborative personnel 
preparation activities undertaken by institutions 
of higher education, local educational agencies, 
and other local entities— 
‘‘(i) to improve and reform their exist-
ing programs, to support effective existing 
programs, to support the development of 
new programs, and to prepare teachers, 
principals, 
administrators, 
and 
related 
services personnel— 
‘‘(I) to meet the diverse needs of 
children with disabilities for early 
intervention, educational, and transi-
tional services; and 
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‘‘(II) to work collaboratively in 
regular classroom settings; and 
‘‘(ii) to incorporate best practices and 
scientifically based research about pre-
paring personnel— 
‘‘(I) so the personnel will have the 
knowledge and skills to improve edu-
cational results for children with dis-
abilities; and 
‘‘(II) to implement effective teach-
ing strategies and interventions to pre-
vent the misidentification, overidenti-
fication, or underidentification of chil-
dren as having a disability, especially 
minority and limited English pro-
ficient children. 
‘‘(B) Developing, evaluating, and dissemi-
nating innovative models for the recruitment, in-
duction, retention, and assessment of highly 
qualified teachers to reduce teachers shortages. 
‘‘(C) Providing continuous personnel prepa-
ration, training, and professional development 
designed to provide support and ensure retention 
of teachers and personnel who teach and provide 
related services to children with disabilities. 
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‘‘(D) Developing and improving programs 
for paraprofessionals to become special education 
teachers, related services personnel, and early 
intervention personnel, including interdiscipli-
nary training to enable the paraprofessionals to 
improve early intervention, educational, and 
transitional results for children with disabilities. 
‘‘(E) Demonstrating models for the prepara-
tion of, and interdisciplinary training of, early 
intervention, special education, and general edu-
cation personnel, to enable the personnel to ac-
quire the collaboration skills necessary to work 
within teams and to improve results for children 
with disabilities, particularly within the general 
education curriculum. 
‘‘(F) Promoting effective parental involve-
ment practices to enable the personnel to work 
with parents and involve parents in the edu-
cation of such parents’ children. 
‘‘(G) Promoting the transferability, across 
State and local jurisdictions, of licensure and 
certification of teachers, principals, and admin-
istrators working with such children. 
‘‘(H) Developing and disseminating models 
that prepare teachers with strategies, including 
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positive behavioral interventions, for addressing 
the conduct of children with disabilities that im-
pedes their learning and that of others in the 
classroom. 
‘‘(I) Developing and improving programs to 
enhance the ability of early childhood providers, 
general education teachers, principals, school ad-
ministrators, related services personnel, and 
school board members to improve results for chil-
dren with disabilities. 
‘‘(J) Supporting institutions of higher edu-
cation with minority enrollments of at least 25 
percent for the purpose of preparing personnel to 
work with children with disabilities. 
‘‘(K) Preparing personnel to work in high 
need elementary schools and secondary schools, 
including urban schools, rural schools, and 
schools operated by an entity described in section 
7113(d)(1)(A)(ii) of the Elementary and Sec-
ondary Education Act of 1965, and schools that 
serve high numbers or percentages of limited 
English proficient children. 
‘‘(L) Developing, evaluating, and dissemi-
nating innovative models for the recruitment, in-
duction, retention, and assessment of new, highly 
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qualified teachers, especially from groups that 
are underrepresented in the teaching profession, 
including individuals with disabilities. 
‘‘(M) Developing and improving programs 
to train special education teachers to develop an 
expertise in autism spectrum disorders. 
‘‘(c) LOW INCIDENCE DISABILITIES; AUTHORIZED AC-
TIVITIES.— 
‘‘(1) IN GENERAL.—In carrying out this section, 
the Secretary shall support activities, consistent with 
the objectives described in subsection (a), that benefit 
children with low incidence disabilities. 
‘‘(2) AUTHORIZED
ACTIVITIES.—Activities that 
may be carried out under this subsection include ac-
tivities such as the following: 
‘‘(A) Preparing persons who— 
‘‘(i) have prior training in educational 
and other related service fields; and 
‘‘(ii) are studying to obtain degrees, 
certificates, or licensure that will enable the 
persons to assist children with low incidence 
disabilities to achieve the objectives set out 
in their individualized education programs 
described in section 614(d), or to assist in-
fants and toddlers with low incidence dis-
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abilities to achieve the outcomes described 
in their individualized family service plans 
described in section 636. 
‘‘(B) Providing personnel from various dis-
ciplines with interdisciplinary training that will 
contribute to improvement in early intervention, 
educational, and transitional results for children 
with low incidence disabilities. 
‘‘(C) Preparing personnel in the innovative 
uses and application of technology, including 
universally designed technologies, assistive tech-
nology devices, and assistive technology serv-
ices— 
‘‘(i) to enhance learning by children 
with low incidence disabilities through early 
intervention, educational, and transitional 
services; and 
‘‘(ii) to improve communication with 
parents. 
‘‘(D) Preparing personnel who provide serv-
ices to visually impaired or blind children to 
teach and use Braille in the provision of services 
to such children. 
‘‘(E) Preparing personnel to be qualified 
educational interpreters, to assist children with 
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low incidence disabilities, particularly deaf and 
hard of hearing children in school and school re-
lated activities, and deaf and hard of hearing in-
fants and toddlers and preschool children in 
early intervention and preschool programs. 
‘‘(F) Preparing personnel who provide serv-
ices to children with significant cognitive dis-
abilities and children with multiple disabilities. 
‘‘(3) DEFINITION.—As used in this section, the 
term ‘low incidence disability’ means— 
‘‘(A) a visual or hearing impairment, or si-
multaneous visual and hearing impairments; 
‘‘(B) a significant cognitive impairment; or 
‘‘(C) any impairment for which a small 
number of personnel with highly specialized 
skills and knowledge are needed in order for chil-
dren with that impairment to receive early 
intervention services or a free appropriate public 
education. 
‘‘(4) SELECTION OF RECIPIENTS.—In selecting 
recipients under this subsection, the Secretary may 
give preference to eligible entities submitting applica-
tions that include 1 or more of the following: 
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‘‘(A) A proposal to prepare personnel in 
more than 1 low incidence disability, such as 
deafness and blindness. 
‘‘(B) A demonstration of an effective col-
laboration with an eligible entity and a local 
educational agency that promotes recruitment 
and subsequent retention of highly qualified per-
sonnel to serve children with disabilities. 
‘‘(5) PREPARATION IN USE OF BRAILLE.—The 
Secretary shall ensure that all recipients of assistance 
under this subsection who will use that assistance to 
prepare personnel to provide services to visually im-
paired or blind children that can appropriately be 
provided in Braille will prepare those individuals to 
provide those services in Braille. 
‘‘(d) LEADERSHIP PREPARATION; AUTHORIZED AC-
TIVITIES.— 
‘‘(1) IN GENERAL.—In carrying out this section, 
the Secretary shall support leadership preparation ac-
tivities that are consistent with the objectives de-
scribed in subsection (a). 
‘‘(2) AUTHORIZED
ACTIVITIES.—Activities that 
may be carried out under this subsection include ac-
tivities such as the following: 
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‘‘(A) Preparing personnel at the graduate, 
doctoral, and postdoctoral levels of training to 
administer, enhance, or provide services to im-
prove results for children with disabilities. 
‘‘(B) Providing interdisciplinary training 
for various types of leadership personnel, includ-
ing teacher preparation faculty, administrators, 
researchers, supervisors, principals, related serv-
ices personnel, and other persons whose work af-
fects early intervention, educational, and transi-
tional services for children with disabilities. 
‘‘(e) ENHANCED SUPPORT AND TRAINING FOR BEGIN-
NING SPECIAL EDUCATORS; AUTHORIZED ACTIVITIES.— 
‘‘(1) IN GENERAL.—In carrying out this section, 
the Secretary shall support personnel preparation ac-
tivities that are consistent with the objectives de-
scribed in subsection (a). 
‘‘(2) AUTHORIZED
ACTIVITIES.—Activities that 
may be carried out under this subsection include— 
‘‘(A) enhancing and restructuring an exist-
ing program or developing a preservice teacher 
education program, to prepare special education 
teachers, at colleges or departments of education 
within the institution of higher education, by in-
corporating an additional 5th year clinical 
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learning opportunity, field experience, or super-
vised practicum into a program of preparation 
and coursework for special education teachers; or 
‘‘(B) Creating or supporting professional 
development schools that provide— 
‘‘(i) high quality mentoring and induc-
tion opportunities with ongoing support for 
beginning special education teachers; or 
‘‘(ii) inservice professional development 
to 
veteran 
special 
education 
teachers 
through the ongoing exchange of informa-
tion and instructional strategies. 
‘‘(3) ELIGIBLE PARTNERSHIPS.—Eligible recipi-
ents of assistance under this subsection are partner-
ships— 
‘‘(A) that shall consist of— 
‘‘(i) 1 or more institutions of higher 
education with special education personnel 
preparation programs; and 
‘‘(ii) 1 or more local educational agen-
cies; and 
‘‘(iii) in the case of activities assisted 
under paragraph (2)(B), an elementary 
school or secondary school; and 
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‘‘(B) that may include other entities eligible 
for assistance under this part, such as a State 
educational agency. 
‘‘(4) PRIORITY.—In awarding grants or entering 
into contracts or cooperative agreements under this 
subsection, the Secretary shall give priority to part-
nerships that include local educational agencies that 
serve— 
‘‘(A) high numbers or percentages of low-in-
come students; or 
‘‘(B) schools that have failed to make ade-
quate yearly progress toward enabling children 
with disabilities to meet academic achievement 
standards. 
‘‘(f) TRAINING TO SUPPORT GENERAL EDUCATORS; 
AUTHORIZED ACTIVITIES.— 
‘‘(1) IN GENERAL.—In carrying out this section, 
the Secretary shall support personnel preparation ac-
tivities that are consistent with the objectives de-
scribed in subsection (a). 
‘‘(2) AUTHORIZED
ACTIVITIES.—Activities that 
may be carried out under this subsection include— 
‘‘(A) high quality professional development 
for general educators that develops the knowledge 
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and skills, and enhances the ability, of general 
educators to— 
‘‘(i) use classroom-based techniques to 
identify students who may be eligible for 
special education services, and deliver in-
struction in a way that meets the individ-
ualized needs of children with disabilities 
through appropriate supports, accommoda-
tions, and curriculum modifications; 
‘‘(ii) use classroom-based techniques, 
such as scientifically based reading instruc-
tion; 
‘‘(iii) work collaboratively with special 
education teachers and related services per-
sonnel; 
‘‘(iv) implement strategies, such as 
positive behavioral interventions— 
‘‘(I) to address the behavior of 
children with disabilities that impedes 
the learning of such children and oth-
ers; or 
‘‘(II) to prevent children from 
being misidentified as children with 
disabilities; 
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‘‘(v) prepare children with disabilities 
to participate in statewide assessments 
(with or without accommodations) and al-
ternate assessments, as appropriate; 
‘‘(vi) develop effective practices for en-
suring that all children with disabilities are 
a part of all accountability systems under 
the Elementary and Secondary Education 
Act of 1965; 
‘‘(vii) work with and involve parents of 
children with disabilities in their child’s 
education; 
‘‘(viii) understand how to effectively 
construct IEPs, participate in IEP meet-
ings, and implement IEPs; and 
‘‘(ix) in the case of principals and su-
perintendents, be instructional leaders and 
promote improved collaboration between 
general educators, special education teach-
ers, and related services personnel; and 
‘‘(B) release and planning time for the ac-
tivities described in this subsection. 
‘‘(3) ELIGIBLE PARTNERSHIPS.—Eligible recipi-
ents of assistance under this subsection are partner-
ships— 
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‘‘(A) that consist of— 
‘‘(i) 1 or more institutions of higher 
education with special education personnel 
preparation programs; and 
‘‘(ii) 1 or more local educational agen-
cies; and 
‘‘(B) that may include other entities eligible 
for assistance under this part, such as a State 
educational agency. 
‘‘(g) APPLICATIONS.— 
‘‘(1) IN GENERAL.—Any eligible entity that de-
sires to receive a grant, or enter into a contract or 
cooperative agreement, under this section shall submit 
an application to the Secretary at such time, in such 
manner, and containing such information as the Sec-
retary may require. 
‘‘(2) IDENTIFIED STATE NEEDS.— 
‘‘(A) REQUIREMENT TO ADDRESS IDENTI-
FIED NEEDS.—Any application under subsection 
(b), (c), (d), (e), or (f) shall include information 
demonstrating to the satisfaction of the Secretary 
that the activities described in the application 
will address needs identified by the State or 
States the applicant proposes to serve, consistent 
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with the needs identified in the State plan de-
scribed in section 653(a)(2). 
‘‘(B) COOPERATION
WITH
STATE
EDU-
CATIONAL AGENCIES.—Any applicant that is not 
a local educational agency or a State edu-
cational agency shall include in the application 
information demonstrating to the satisfaction of 
the Secretary that the applicant and 1 or more 
State educational agencies or local educational 
agencies have engaged in a cooperative effort to 
carry out and monitor the project to be assisted. 
‘‘(3) ACCEPTANCE
BY
STATES
OF
PERSONNEL 
PREPARATION
REQUIREMENTS.—The Secretary may 
require applicants to provide assurances from 1 or 
more States that such States intend to accept success-
ful completion of the proposed personnel preparation 
program as meeting State personnel standards for 
serving children with disabilities or serving infants 
and toddlers with disabilities. 
‘‘(h) SELECTION OF RECIPIENTS.— 
‘‘(1) IMPACT OF PROJECT.—In selecting award 
recipients under this section, the Secretary shall con-
sider the impact of the proposed project described in 
the application in meeting the need for personnel 
identified by the States. 
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‘‘(2) REQUIREMENT FOR APPLICANTS TO MEET 
STATE
AND
PROFESSIONAL
STANDARDS.—The Sec-
retary shall make grants and enter into contracts and 
cooperative agreements under this section only to eli-
gible applicants that meet State and professionally 
recognized standards for the preparation of special 
education and related services personnel, if the pur-
pose of the project is to assist personnel in obtaining 
degrees. 
‘‘(3) PREFERENCES.—In selecting recipients 
under this section, the Secretary may give preference 
to institutions of higher education that are— 
‘‘(A) educating regular education personnel 
to meet the needs of children with disabilities in 
integrated settings; 
‘‘(B) educating special education personnel 
to work in collaboration with regular educators 
in integrated settings; and 
‘‘(C) successfully recruiting and preparing 
individuals with disabilities and individuals 
from groups that are underrepresented in the 
profession for which the institution of higher 
education is preparing individuals. 
‘‘(i) SERVICE OBLIGATION.—Each application for 
funds under subsections (b), (c), (d), and (e) shall include 
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an assurance that the applicant will ensure that individ-
uals who receive assistance under the proposed project will 
subsequently provide special education and related services 
to children with disabilities for a period of 1 year for every 
year for which assistance was received, or repay all or part 
of the cost of that assistance, in accordance with regulations 
issued by the Secretary. 
‘‘(j) SCHOLARSHIPS.—The Secretary may include 
funds for scholarships, with necessary stipends and allow-
ances, in awards under subsections (b), (c), (d), and (e). 
‘‘(k) AUTHORIZATION
OF APPROPRIATIONS.—There 
are authorized to be appropriated to carry out this section 
such sums as may be necessary for each of the fiscal years 
2004 through 2009. 
‘‘SEC. 665. STUDIES AND EVALUATIONS. 
‘‘(a) STUDIES AND EVALUATIONS.— 
‘‘(1) DELEGATION.—The Secretary shall delegate 
to the Director of the Institute for Education Sciences 
responsibility to carry out this section, other than 
subsections (d) and (f). 
‘‘(2) ASSESSMENT.—The Secretary shall, directly 
or through grants, contracts, or cooperative agree-
ments awarded on a competitive basis, assess the 
progress in the implementation of this Act, including 
the effectiveness of State and local efforts to provide— 
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‘‘(A) a free appropriate public education to 
children with disabilities; and 
‘‘(B) early intervention services to infants 
and toddlers with disabilities, and infants and 
toddlers who would be at risk of having substan-
tial developmental delays if early intervention 
services were not provided to them. 
‘‘(b) NATIONAL ASSESSMENT.— 
‘‘(1) IN
GENERAL.—The Secretary shall carry 
out a national assessment of activities carried out 
with Federal funds under this Act in order— 
‘‘(A) to determine the effectiveness of this 
Act in achieving its purposes; 
‘‘(B) to provide timely information to the 
President, Congress, the States, local educational 
agencies, and the public on how to implement 
this Act more effectively; and 
‘‘(C) to provide the President and Congress 
with information that will be useful in devel-
oping legislation to achieve the purposes of this 
Act more effectively. 
‘‘(2) CONSULTATION.—The Secretary shall plan, 
review, and conduct the national assessment under 
this subsection in consultation with researchers, State 
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