H. R. 1350
One Hundred Eighth Congress
of the
United States of America
AT THE SECOND SESSION
Begun and held at the City of Washington on Tuesday,
the twentieth day of January, two thousand and four
An Act
To reauthorize the Individuals with Disabilities Education Act, and for other pur-
poses.
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘Individuals with Disabilities
Education Improvement Act of 2004’’.
SEC. 2. ORGANIZATION OF THE ACT.
This Act is organized into the following titles:
Title I—Amendments to the Individuals With Disabilities
Education Act.
Title II—National Center for Special Education Research.
Title III—Miscellaneous Provisions.
TITLE I—AMENDMENTS TO THE INDI-
VIDUALS WITH DISABILITIES EDU-
CATION ACT
SEC. 101. AMENDMENTS TO THE INDIVIDUALS WITH DISABILITIES EDU-
CATION ACT.
Parts A through D of the Individuals with Disabilities Edu-
cation Act (20 U.S.C. 1400 et seq.) are amended to read as follows:
‘‘PART A—GENERAL PROVISIONS
‘‘SEC. 601. SHORT TITLE; TABLE OF CONTENTS; FINDINGS; PURPOSES.
‘‘(a) SHORT TITLE.—This title may be cited as the ‘Individuals
with Disabilities Education Act’.
‘‘(b) TABLE OF CONTENTS.—The table of contents for this title
is as follows:
‘‘PART A—GENERAL PROVISIONS
‘‘Sec. 601. Short title; table of contents; findings; purposes.
‘‘Sec. 602. Definitions.
‘‘Sec. 603. Office of Special Education Programs.
‘‘Sec. 604. Abrogation of State sovereign immunity.
‘‘Sec. 605. Acquisition of equipment; construction or alteration of facilities.
‘‘Sec. 606. Employment of individuals with disabilities.
‘‘Sec. 607. Requirements for prescribing regulations.
‘‘Sec. 608. State administration.
‘‘Sec. 609. Paperwork reduction.
‘‘Sec. 610. Freely associated states.
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‘‘PART B—ASSISTANCE FOR EDUCATION OF ALL CHILDREN WITH DISABILITIES
‘‘Sec. 611. Authorization; allotment; use of funds; authorization of appropria-
tions.
‘‘Sec. 612. State eligibility.
‘‘Sec. 613. Local educational agency eligibility.
‘‘Sec. 614. Evaluations, eligibility determinations, individualized education pro-
grams, and educational placements.
‘‘Sec. 615. Procedural safeguards.
‘‘Sec. 616. Monitoring, technical assistance, and enforcement.
‘‘Sec. 617. Administration.
‘‘Sec. 618. Program information.
‘‘Sec. 619. Preschool grants.
‘‘PART C—INFANTS AND TODDLERS WITH DISABILITIES
‘‘Sec. 631. Findings and policy.
‘‘Sec. 632. Definitions.
‘‘Sec. 633. General authority.
‘‘Sec. 634. Eligibility.
‘‘Sec. 635. Requirements for statewide system.
‘‘Sec. 636. Individualized family service plan.
‘‘Sec. 637. State application and assurances.
‘‘Sec. 638. Uses of funds.
‘‘Sec. 639. Procedural safeguards.
‘‘Sec. 640. Payor of last resort.
‘‘Sec. 641. State interagency coordinating council.
‘‘Sec. 642. Federal administration.
‘‘Sec. 643. Allocation of funds.
‘‘Sec. 644. Authorization of appropriations.
‘‘PART D—NATIONAL ACTIVITIES TO IMPROVE EDUCATION OF CHILDREN WITH
DISABILITIES
‘‘Sec. 650. Findings.
‘‘SUBPART 1—STATE PERSONNEL DEVELOPMENT GRANTS
‘‘Sec. 651. Purpose; definition of personnel; program authority.
‘‘Sec. 652. Eligibility and collaborative process.
‘‘Sec. 653. Applications.
‘‘Sec. 654. Use of funds.
‘‘Sec. 655. Authorization of appropriations.
‘‘SUBPART 2—PERSONNEL PREPARATION, TECHNICAL ASSISTANCE, MODEL
DEMONSTRATION PROJECTS, AND DISSEMINATION OF INFORMATION
‘‘Sec. 661. Purpose; definition of eligible entity.
‘‘Sec. 662. Personnel development to improve services and results for children
with disabilities.
‘‘Sec. 663. Technical assistance, demonstration projects, dissemination of infor-
mation, and implementation of scientifically based research.
‘‘Sec. 664. Studies and evaluations.
‘‘Sec. 665. Interim alternative educational settings, behavioral supports, and
systemic school interventions.
‘‘Sec. 667. Authorization of appropriations.
‘‘SUBPART 3—SUPPORTS TO IMPROVE RESULTS FOR CHILDREN WITH DISABILITIES
‘‘Sec. 670. Purposes.
‘‘Sec. 671. Parent training and information centers.
‘‘Sec. 672. Community parent resource centers.
‘‘Sec. 673. Technical assistance for parent training and information centers.
‘‘Sec. 674. Technology development, demonstration, and utilization; and media
services.
‘‘Sec. 675. Authorization of appropriations.
‘‘SUBPART 4—GENERAL PROVISIONS
‘‘Sec. 681. Comprehensive plan for subparts 2 and 3.
‘‘Sec. 682. Administrative provisions.
‘‘(c) FINDINGS.—Congress finds the following:
‘‘(1) Disability is a natural part of the human experience
and in no way diminishes the right of individuals to participate
in or contribute to society. Improving educational results for
children with disabilities is an essential element of our national
H. R. 1350—3
policy of ensuring equality of opportunity, full participation,
independent living, and economic self-sufficiency for individuals
with disabilities.
‘‘(2) Before the date of enactment of the Education for
All Handicapped Children Act of 1975 (Public Law 94–142),
the educational needs of millions of children with disabilities
were not being fully met because—
‘‘(A) the children did not receive appropriate edu-
cational services;
‘‘(B) the children were excluded entirely from the public
school system and from being educated with their peers;
‘‘(C) undiagnosed disabilities prevented the children
from having a successful educational experience; or
‘‘(D) a lack of adequate resources within the public
school system forced families to find services outside the
public school system.
‘‘(3) Since the enactment and implementation of the Edu-
cation for All Handicapped Children Act of 1975, this title
has been successful in ensuring children with disabilities and
the families of such children access to a free appropriate public
education and in improving educational results for children
with disabilities.
‘‘(4) However, the implementation of this title has been
impeded by low expectations, and an insufficient focus on
applying replicable research on proven methods of teaching
and learning for children with disabilities.
‘‘(5) Almost 30 years of research and experience has dem-
onstrated that the education of children with disabilities can
be made more effective by—
‘‘(A) having high expectations for such children and
ensuring their access to the general education curriculum
in the regular classroom, to the maximum extent possible,
in order to—
‘‘(i) meet developmental goals and, to the max-
imum extent possible, the challenging expectations
that have been established for all children; and
‘‘(ii) be prepared to lead productive and inde-
pendent adult lives, to the maximum extent possible;
‘‘(B) strengthening the role and responsibility of par-
ents and ensuring that families of such children have mean-
ingful opportunities to participate in the education of their
children at school and at home;
‘‘(C) coordinating this title with other local, educational
service agency, State, and Federal school improvement
efforts, 
including 
improvement 
efforts 
under 
the
Elementary and Secondary Education Act of 1965, in order
to ensure that such children benefit from such efforts and
that special education can become a service for such chil-
dren rather than a place where such children are sent;
‘‘(D) providing appropriate special education and
related services, and aids and supports in the regular class-
room, to such children, whenever appropriate;
‘‘(E) supporting high-quality, intensive preservice
preparation and professional development for all personnel
who work with children with disabilities in order to ensure
that such personnel have the skills and knowledge nec-
essary to improve the academic achievement and functional
H. R. 1350—4
performance of children with disabilities, including the use
of scientifically based instructional practices, to the max-
imum extent possible;
‘‘(F) providing incentives for whole-school approaches,
scientifically based early reading programs, positive behav-
ioral interventions and supports, and early intervening
services to reduce the need to label children as disabled
in order to address the learning and behavioral needs of
such children;
‘‘(G) focusing resources on teaching and learning while
reducing paperwork and requirements that do not assist
in improving educational results; and
‘‘(H) supporting the development and use of technology,
including assistive technology devices and assistive tech-
nology services, to maximize accessibility for children with
disabilities.
‘‘(6) While States, local educational agencies, and edu-
cational service agencies are primarily responsible for providing
an education for all children with disabilities, it is in the
national interest that the Federal Government have a sup-
porting role in assisting State and local efforts to educate
children with disabilities in order to improve results for such
children and to ensure equal protection of the law.
‘‘(7) A more equitable allocation of resources is essential
for the Federal Government to meet its responsibility to provide
an equal educational opportunity for all individuals.
‘‘(8) Parents and schools should be given expanded
opportunities to resolve their disagreements in positive and
constructive ways.
‘‘(9) Teachers, schools, local educational agencies, and
States should be relieved of irrelevant and unnecessary paper-
work burdens that do not lead to improved educational out-
comes.
‘‘(10)(A) The Federal Government must be responsive to
the growing needs of an increasingly diverse society.
‘‘(B) America’s ethnic profile is rapidly changing. In 2000,
1 of every 3 persons in the United States was a member
of a minority group or was limited English proficient.
‘‘(C) Minority children comprise an increasing percentage
of public school students.
‘‘(D) With such changing demographics, recruitment efforts
for special education personnel should focus on increasing the
participation of minorities in the teaching profession in order
to provide appropriate role models with sufficient knowledge
to address the special education needs of these students.
‘‘(11)(A) The limited English proficient population is the
fastest growing in our Nation, and the growth is occurring
in many parts of our Nation.
‘‘(B) Studies have documented apparent discrepancies in
the levels of referral and placement of limited English proficient
children in special education.
‘‘(C) Such discrepancies pose a special challenge for special
education in the referral of, assessment of, and provision of
services for, our Nation’s students from non-English language
backgrounds.
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‘‘(12)(A) Greater efforts are needed to prevent the inten-
sification of problems connected with mislabeling and high drop-
out rates among minority children with disabilities.
‘‘(B) More minority children continue to be served in special
education than would be expected from the percentage of
minority students in the general school population.
‘‘(C) African-American children are identified as having
mental retardation and emotional disturbance at rates greater
than their White counterparts.
‘‘(D) In the 1998–1999 school year, African-American chil-
dren represented just 14.8 percent of the population aged 6
through 21, but comprised 20.2 percent of all children with
disabilities.
‘‘(E) Studies have found that schools with predominately
White students and teachers have placed disproportionately
high numbers of their minority students into special education.
‘‘(13)(A) As the number of minority students in special
education increases, the number of minority teachers and
related services personnel produced in colleges and universities
continues to decrease.
‘‘(B) The opportunity for full participation by minority
individuals, minority organizations, and Historically Black Col-
leges and Universities in awards for grants and contracts,
boards of organizations receiving assistance under this title,
peer review panels, and training of professionals in the area
of special education is essential to obtain greater success in
the education of minority children with disabilities.
‘‘(14) As the graduation rates for children with disabilities
continue to climb, providing effective transition services to pro-
mote successful post-school employment or education is an
important measure of accountability for children with disabil-
ities.
‘‘(d) PURPOSES.—The purposes of this title are—
‘‘(1)(A) to ensure that all children with disabilities have
available to them a free appropriate public education that
emphasizes special education and related services designed to
meet their unique needs and prepare them for further edu-
cation, employment, and independent living;
‘‘(B) to ensure that the rights of children with disabilities
and parents of such children are protected; and
‘‘(C) to assist States, localities, educational service agencies,
and Federal agencies to provide for the education of all children
with disabilities;
‘‘(2) to assist States in the implementation of a statewide,
comprehensive, 
coordinated, 
multidisciplinary, 
interagency
system of early intervention services for infants and toddlers
with disabilities and their families;
‘‘(3) to ensure that educators and parents have the nec-
essary tools to improve educational results for children with
disabilities by supporting system improvement activities;
coordinated research and personnel preparation; coordinated
technical assistance, dissemination, and support; and tech-
nology development and media services; and
‘‘(4) to assess, and ensure the effectiveness of, efforts to
educate children with disabilities.
H. R. 1350—6
‘‘SEC. 602. DEFINITIONS.
‘‘Except as otherwise provided, in this title:
‘‘(1) ASSISTIVE TECHNOLOGY DEVICE.—
‘‘(A) IN
GENERAL.—The term ‘assistive technology
device’ means any item, piece of equipment, or product
system, whether acquired commercially off the shelf, modi-
fied, or customized, that is used to increase, maintain,
or improve functional capabilities of a child with a dis-
ability.
‘‘(B) EXCEPTION.—The term does not include a medical
device that is surgically implanted, or the replacement
of such device.
‘‘(2) ASSISTIVE TECHNOLOGY SERVICE.—The term ‘assistive
technology service’ means any service that directly assists a
child with a disability in the selection, acquisition, or use of
an assistive technology device. Such term includes—
‘‘(A) the evaluation of the needs of such child, including
a functional evaluation of the child in the child’s customary
environment;
‘‘(B) purchasing, leasing, or otherwise providing for
the acquisition of assistive technology devices by such child;
‘‘(C) selecting, designing, fitting, customizing, adapting,
applying, maintaining, repairing, or replacing assistive
technology devices;
‘‘(D) coordinating and using other therapies, interven-
tions, or services with assistive technology devices, such
as those associated with existing education and rehabilita-
tion plans and programs;
‘‘(E) training or technical assistance for such child,
or, where appropriate, the family of such child; and
‘‘(F) training or technical assistance for professionals
(including individuals providing education and rehabilita-
tion services), employers, or other individuals who provide
services to, employ, or are otherwise substantially involved
in the major life functions of such child.
‘‘(3) CHILD WITH A DISABILITY.—
‘‘(A) IN GENERAL.—The term ‘child with a disability’
means a child—
‘‘(i) with mental retardation, hearing impairments
(including deafness), speech or language impairments,
visual impairments (including blindness), serious emo-
tional disturbance (referred to in this title as ‘emotional
disturbance’), orthopedic impairments, autism, trau-
matic brain injury, other health impairments, or spe-
cific learning disabilities; and
‘‘(ii) who, by reason thereof, needs special edu-
cation and related services.
‘‘(B) CHILD AGED 3 THROUGH 9.—The term ‘child with
a disability’ for a child aged 3 through 9 (or any subset
of that age range, including ages 3 through 5), may, at
the discretion of the State and the local educational agency,
include a child—
‘‘(i) experiencing developmental delays, as defined
by the State and as measured by appropriate diagnostic
H. R. 1350—7
instruments and procedures, in 1 or more of the fol-
lowing areas: physical development; cognitive develop-
ment; communication development; social or emotional
development; or adaptive development; and
‘‘(ii) who, by reason thereof, needs special edu-
cation and related services.
‘‘(4) CORE ACADEMIC SUBJECTS.—The term ‘core academic
subjects’ has the meaning given the term in section 9101 of
the Elementary and Secondary Education Act of 1965.
‘‘(5) EDUCATIONAL SERVICE AGENCY.—The term ‘educational
service agency’—
‘‘(A) means a regional public multiservice agency—
‘‘(i) authorized by State law to develop, manage,
and provide services or programs to local educational
agencies; and
‘‘(ii) recognized as an administrative agency for
purposes of the provision of special education and
related services provided within public elementary
schools and secondary schools of the State; and
‘‘(B) includes any other public institution or agency
having administrative control and direction over a public
elementary school or secondary school.
‘‘(6) ELEMENTARY SCHOOL.—The term ‘elementary school’
means a nonprofit institutional day or residential school,
including a public elementary charter school, that provides
elementary education, as determined under State law.
‘‘(7) EQUIPMENT.—The term ‘equipment’ includes—
‘‘(A) machinery, utilities, and built-in equipment, and
any necessary enclosures or structures to house such
machinery, utilities, or equipment; and
‘‘(B) all other items necessary for the functioning of
a particular facility as a facility for the provision of edu-
cational services, including items such as instructional
equipment and necessary furniture; printed, published, and
audio-visual instructional materials; telecommunications,
sensory, and other technological aids and devices; and
books, periodicals, documents, and other related materials.
‘‘(8) EXCESS COSTS.—The term ‘excess costs’ means those
costs that are in excess of the average annual per-student
expenditure in a local educational agency during the preceding
school year for an elementary school or secondary school stu-
dent, as may be appropriate, and which shall be computed
after deducting—
‘‘(A) amounts received—
‘‘(i) under part B;
‘‘(ii) under part A of title I of the Elementary
and Secondary Education Act of 1965; and
‘‘(iii) under parts A and B of title III of that Act;
and
‘‘(B) any State or local funds expended for programs
that would qualify for assistance under any of those parts.
‘‘(9) FREE APPROPRIATE PUBLIC EDUCATION.—The term ‘free
appropriate public education’ means special education and
related services that—
‘‘(A) have been provided at public expense, under public
supervision and direction, and without charge;
H. R. 1350—8
‘‘(B) meet the standards of the State educational
agency;
‘‘(C) include an appropriate preschool, elementary
school, or secondary school education in the State involved;
and
‘‘(D) are provided in conformity with the individualized
education program required under section 614(d).
‘‘(10) HIGHLY QUALIFIED.—
‘‘(A) IN GENERAL.—For any special education teacher,
the term ‘highly qualified’ has the meaning given the term
in section 9101 of the Elementary and Secondary Education
Act of 1965, except that such term also—
‘‘(i) 
includes 
the 
requirements 
described 
in
subparagraph (B); and
‘‘(ii) includes the option for teachers to meet the
requirements of section 9101 of such Act by meeting
the requirements of subparagraph (C) or (D).
‘‘(B) 
REQUIREMENTS
FOR
SPECIAL
EDUCATION
TEACHERS.—When used with respect to any public
elementary school or secondary school special education
teacher teaching in a State, such term means that—
‘‘(i) the teacher has obtained full State certification
as a special education teacher (including certification
obtained through alternative routes to certification),
or passed the State special education teacher licensing
examination, and holds a license to teach in the State
as a special education teacher, except that when used
with respect to any teacher teaching in a public charter
school, the term means that the teacher meets the
requirements set forth in the State’s public charter
school law;
‘‘(ii) the teacher has not had special education
certification or licensure requirements waived on an
emergency, temporary, or provisional basis; and
‘‘(iii) the teacher holds at least a bachelor’s degree.
‘‘(C) SPECIAL EDUCATION TEACHERS TEACHING TO ALTER-
NATE ACHIEVEMENT STANDARDS.—When used with respect
to a special education teacher who teaches core academic
subjects exclusively to children who are assessed against
alternate achievement standards established under the
regulations promulgated under section 1111(b)(1) of the
Elementary and Secondary Education Act of 1965, such
term means the teacher, whether new or not new to the
profession, may either—
‘‘(i) meet the applicable requirements of section
9101 of such Act for any elementary, middle, or sec-
ondary school teacher who is new or not new to the
profession; or
‘‘(ii) meet the requirements of subparagraph (B)
or (C) of section 9101(23) of such Act as applied to
an elementary school teacher, or, in the case of instruc-
tion above the elementary level, has subject matter
knowledge appropriate to the level of instruction being
provided, as determined by the State, needed to effec-
tively teach to those standards.
‘‘(D) SPECIAL EDUCATION TEACHERS TEACHING MULTIPLE
SUBJECTS.—When used with respect to a special education
H. R. 1350—9
teacher who teaches 2 or more core academic subjects exclu-
sively to children with disabilities, such term means that
the teacher may either—
‘‘(i) meet the applicable requirements of section
9101 of the Elementary and Secondary Education Act
of 1965 for any elementary, middle, or secondary school
teacher who is new or not new to the profession;
‘‘(ii) in the case of a teacher who is not new to
the profession, demonstrate competence in all the core
academic subjects in which the teacher teaches in the
same manner as is required for an elementary, middle,
or secondary school teacher who is not new to the
profession under section 9101(23)(C)(ii) of such Act,
which may include a single, high objective uniform
State standard of evaluation covering multiple subjects;
or
‘‘(iii) in the case of a new special education teacher
who teaches multiple subjects and who is highly quali-
fied in mathematics, language arts, or science, dem-
onstrate competence in the other core academic sub-
jects in which the teacher teaches in the same manner
as is required for an elementary, middle, or secondary
school teacher under section 9101(23)(C)(ii) of such
Act, which may include a single, high objective uniform
State standard of evaluation covering multiple subjects,
not later than 2 years after the date of employment.
‘‘(E) RULE
OF
CONSTRUCTION.—Notwithstanding any
other individual right of action that a parent or student
may maintain under this part, nothing in this section or
part shall be construed to create a right of action on behalf
of an individual student or class of students for the failure
of a particular State educational agency or local educational
agency employee to be highly qualified.
‘‘(F) DEFINITION
FOR
PURPOSES
OF
THE
ESEA.—A
teacher who is highly qualified under this paragraph shall
be considered highly qualified for purposes of the
Elementary and Secondary Education Act of 1965.
‘‘(11) HOMELESS CHILDREN.—The term ‘homeless children’
has the meaning given the term ‘homeless children and youths’
in section 725 of the McKinney-Vento Homeless Assistance
Act (42 U.S.C. 11434a).
‘‘(12) INDIAN.—The term ‘Indian’ means an individual who
is a member of an Indian tribe.
‘‘(13) INDIAN TRIBE.—The term ‘Indian tribe’ means any
Federal or State Indian tribe, band, rancheria, pueblo, colony,
or community, including any Alaska Native village or regional
village corporation (as defined in or established under the
Alaska Native Claims Settlement Act (43 U.S.C. 1601 et seq.)).
‘‘(14) INDIVIDUALIZED EDUCATION PROGRAM; IEP.—The term
‘individualized education program’ or ‘IEP’ means a written
statement for each child with a disability that is developed,
reviewed, and revised in accordance with section 614(d).
‘‘(15) INDIVIDUALIZED
FAMILY
SERVICE
PLAN.—The term
‘individualized family service plan’ has the meaning given the
term in section 636.
H. R. 1350—10
‘‘(16) INFANT OR TODDLER WITH A DISABILITY.—The term
‘infant or toddler with a disability’ has the meaning given
the term in section 632.
‘‘(17) INSTITUTION
OF
HIGHER
EDUCATION.—The term
‘institution of higher education’—
‘‘(A) has the meaning given the term in section 101
of the Higher Education Act of 1965; and
‘‘(B) also includes any community college receiving
funding from the Secretary of the Interior under the Trib-
ally Controlled College or University Assistance Act of
1978.
‘‘(18) LIMITED
ENGLISH
PROFICIENT.—The term ‘limited
English proficient’ has the meaning given the term in section
9101 of the Elementary and Secondary Education Act of 1965.
‘‘(19) LOCAL EDUCATIONAL AGENCY.—
‘‘(A) IN GENERAL.—The term ‘local educational agency’
means a public board of education or other public authority
legally constituted within a State for either administrative
control or direction of, or to perform a service function
for, public elementary schools or secondary schools in a
city, county, township, school district, or other political
subdivision of a State, or for such combination of school
districts or counties as are recognized in a State as an
administrative agency for its public elementary schools or
secondary schools.
‘‘(B) EDUCATIONAL
SERVICE
AGENCIES
AND
OTHER
PUBLIC INSTITUTIONS OR AGENCIES.—The term includes—
‘‘(i) an educational service agency; and
‘‘(ii) any other public institution or agency having
administrative control and direction of a public
elementary school or secondary school.
‘‘(C) BIA FUNDED
SCHOOLS.—The term includes an
elementary school or secondary school funded by the
Bureau of Indian Affairs, but only to the extent that such
inclusion makes the school eligible for programs for which
specific eligibility is not provided to the school in another
provision of law and the school does not have a student
population that is smaller than the student population
of the local educational agency receiving assistance under
this title with the smallest student population, except that
the school shall not be subject to the jurisdiction of any
State educational agency other than the Bureau of Indian
Affairs.
‘‘(20) NATIVE LANGUAGE.—The term ‘native language’, when
used with respect to an individual who is limited English
proficient, means the language normally used by the individual
or, in the case of a child, the language normally used by
the parents of the child.
‘‘(21) NONPROFIT.—The term ‘nonprofit’, as applied to a
school, agency, organization, or institution, means a school,
agency, organization, or institution owned and operated by
1 or more nonprofit corporations or associations no part of
the net earnings of which inures, or may lawfully inure, to
the benefit of any private shareholder or individual.
‘‘(22) OUTLYING AREA.—The term ‘outlying area’ means the
United States Virgin Islands, Guam, American Samoa, and
the Commonwealth of the Northern Mariana Islands.
H. R. 1350—11
‘‘(23) PARENT.—The term ‘parent’ means—
‘‘(A) a natural, adoptive, or foster parent of a child
(unless a foster parent is prohibited by State law from
serving as a parent);
‘‘(B) a guardian (but not the State if the child is a
ward of the State);
‘‘(C) an individual acting in the place of a natural
or adoptive parent (including a grandparent, stepparent,
or other relative) with whom the child lives, or an indi-
vidual who is legally responsible for the child’s welfare;
or
‘‘(D) except as used in sections 615(b)(2) and 639(a)(5),
an individual assigned under either of those sections to
be a surrogate parent.
‘‘(24) PARENT ORGANIZATION.—The term ‘parent organiza-
tion’ has the meaning given the term in section 671(g).
‘‘(25) PARENT
TRAINING
AND
INFORMATION
CENTER.—The
term ‘parent training and information center’ means a center
assisted under section 671 or 672.
‘‘(26) RELATED SERVICES.—
‘‘(A) IN GENERAL.—The term ‘related services’ means
transportation, and such developmental, corrective, and
other 
supportive 
services 
(including 
speech-language
pathology and audiology services, interpreting services,
psychological services, physical and occupational therapy,
recreation, including therapeutic recreation, social work
services, school nurse services designed to enable a child
with a disability to receive a free appropriate public edu-
cation as described in the individualized education program
of the child, counseling services, including rehabilitation
counseling, orientation and mobility services, and medical
services, except that such medical services shall be for
diagnostic and evaluation purposes only) as may be
required to assist a child with a disability to benefit from
special education, and includes the early identification and
assessment of disabling conditions in children.
‘‘(B) EXCEPTION.—The term does not include a medical
device that is surgically implanted, or the replacement
of such device.
‘‘(27) SECONDARY
SCHOOL.—The term ‘secondary school’
means a nonprofit institutional day or residential school,
including a public secondary charter school, that provides sec-
ondary education, as determined under State law, except that
it does not include any education beyond grade 12.
‘‘(28) SECRETARY.—The term ‘Secretary’ means the Sec-
retary of Education.
‘‘(29) SPECIAL
EDUCATION.—The term ‘special education’
means specially designed instruction, at no cost to parents,
to meet the unique needs of a child with a disability, including—
‘‘(A) instruction conducted in the classroom, in the
home, in hospitals and institutions, and in other settings;
and
‘‘(B) instruction in physical education.
‘‘(30) SPECIFIC LEARNING DISABILITY.—
‘‘(A) IN
GENERAL.—The term ‘specific learning dis-
ability’ means a disorder in 1 or more of the basic psycho-
logical processes involved in understanding or in using
H. R. 1350—12
language, spoken or written, which disorder may manifest
itself in the imperfect ability to listen, think, speak, read,
write, spell, or do mathematical calculations.
‘‘(B) DISORDERS INCLUDED.—Such term includes such
conditions as perceptual disabilities, brain injury, minimal
brain dysfunction, dyslexia, and developmental aphasia.
‘‘(C) DISORDERS NOT INCLUDED.—Such term does not
include a learning problem that is primarily the result
of visual, hearing, or motor disabilities, of mental retarda-
tion, of emotional disturbance, or of environmental, cul-
tural, or economic disadvantage.
‘‘(31) STATE.—The term ‘State’ means each of the 50 States,
the District of Columbia, the Commonwealth of Puerto Rico,
and each of the outlying areas.
‘‘(32) STATE EDUCATIONAL AGENCY.—The term ‘State edu-
cational agency’ means the State board of education or other
agency or officer primarily responsible for the State supervision
of public elementary schools and secondary schools, or, if there
is no such officer or agency, an officer or agency designated
by the Governor or by State law.
‘‘(33) SUPPLEMENTARY
AIDS
AND
SERVICES.—The term
‘supplementary aids and services’ means aids, services, and
other supports that are provided in regular education classes
or other education-related settings to enable children with
disabilities to be educated with nondisabled children to the
maximum extent appropriate in accordance with section
612(a)(5).
‘‘(34) TRANSITION SERVICES.—The term ‘transition services’
means a coordinated set of activities for a child with a disability
that—
‘‘(A) is designed to be within a results-oriented process,
that is focused on improving the academic and functional
achievement of the child with a disability to facilitate the
child’s movement from school to post-school activities,
including post-secondary education, vocational education,
integrated employment (including supported employment),
continuing and adult education, adult services, independent
living, or community participation;
‘‘(B) is based on the individual child’s needs, taking
into account the child’s strengths, preferences, and
interests; and
‘‘(C) includes instruction, related services, community
experiences, the development of employment and other
post-school adult living objectives, and, when appropriate,
acquisition of daily living skills and functional vocational
evaluation.
‘‘(35) UNIVERSAL DESIGN.—The term ‘universal design’ has
the meaning given the term in section 3 of the Assistive Tech-
nology Act of 1998 (29 U.S.C. 3002).
‘‘(36) WARD OF THE STATE.—
‘‘(A) IN GENERAL.—The term ‘ward of the State’ means
a child who, as determined by the State where the child
resides, is a foster child, is a ward of the State, or is
in the custody of a public child welfare agency.
‘‘(B) EXCEPTION.—The term does not include a foster
child who has a foster parent who meets the definition
of a parent in paragraph (23).
H. R. 1350—13
‘‘SEC. 603. OFFICE OF SPECIAL EDUCATION PROGRAMS.
‘‘(a) ESTABLISHMENT.—There shall be, within the Office of Spe-
cial Education and Rehabilitative Services in the Department of
Education, an Office of Special Education Programs, which shall
be the principal agency in the Department for administering and
carrying out this title and other programs and activities concerning
the education of children with disabilities.
‘‘(b) DIRECTOR.—The Office established under subsection (a)
shall be headed by a Director who shall be selected by the Secretary
and shall report directly to the Assistant Secretary for Special
Education and Rehabilitative Services.
‘‘(c) VOLUNTARY
AND
UNCOMPENSATED
SERVICES.—Notwith-
standing section 1342 of title 31, United States Code, the Secretary
is authorized to accept voluntary and uncompensated services in
furtherance of the purposes of this title.
‘‘SEC. 604. ABROGATION OF STATE SOVEREIGN IMMUNITY.
‘‘(a) IN GENERAL.—A State shall not be immune under the
11th amendment to the Constitution of the United States from
suit in Federal court for a violation of this title.
‘‘(b) REMEDIES.—In a suit against a State for a violation of
this title, remedies (including remedies both at law and in equity)
are available for such a violation to the same extent as those
remedies are available for such a violation in the suit against
any public entity other than a State.
‘‘(c) EFFECTIVE DATE.—Subsections (a) and (b) apply with
respect to violations that occur in whole or part after the date
of enactment of the Education of the Handicapped Act Amendments
of 1990.
‘‘SEC. 605. ACQUISITION OF EQUIPMENT; CONSTRUCTION OR ALTER-
ATION OF FACILITIES.
‘‘(a) IN GENERAL.—If the Secretary determines that a program
authorized under this title will be improved by permitting program
funds to be used to acquire appropriate equipment, or to construct
new facilities or alter existing facilities, the Secretary is authorized
to allow the use of those funds for those purposes.
‘‘(b) COMPLIANCE WITH CERTAIN REGULATIONS.—Any construc-
tion of new facilities or alteration of existing facilities under sub-
section (a) shall comply with the requirements of—
‘‘(1) appendix A of part 36 of title 28, Code of Federal
Regulations (commonly known as the ‘Americans with Disabil-
ities Accessibility Guidelines for Buildings and Facilities’); or
‘‘(2) appendix A of subpart 101–19.6 of title 41, Code of
Federal Regulations (commonly known as the ‘Uniform Federal
Accessibility Standards’).
‘‘SEC. 606. EMPLOYMENT OF INDIVIDUALS WITH DISABILITIES.
‘‘The Secretary shall ensure that each recipient of assistance
under this title makes positive efforts to employ and advance in
employment qualified individuals with disabilities in programs
assisted under this title.
‘‘SEC. 607. REQUIREMENTS FOR PRESCRIBING REGULATIONS.
‘‘(a) IN GENERAL.—In carrying out the provisions of this title,
the Secretary shall issue regulations under this title only to the
extent that such regulations are necessary to ensure that there
is compliance with the specific requirements of this title.
H. R. 1350—14
‘‘(b) PROTECTIONS PROVIDED TO CHILDREN.—The Secretary may
not implement, or publish in final form, any regulation prescribed
pursuant to this title that—
‘‘(1) violates or contradicts any provision of this title; or
‘‘(2) procedurally or substantively lessens the protections
provided to children with disabilities under this title, as
embodied in regulations in effect on July 20, 1983 (particularly
as such protections related to parental consent to initial evalua-
tion or initial placement in special education, least restrictive
environment, related services, timelines, attendance of evalua-
tion personnel at individualized education program meetings,
or qualifications of personnel), except to the extent that such
regulation reflects the clear and unequivocal intent of Congress
in legislation.
‘‘(c) PUBLIC COMMENT PERIOD.—The Secretary shall provide
a public comment period of not less than 75 days on any regulation
proposed under part B or part C on which an opportunity for
public comment is otherwise required by law.
‘‘(d) POLICY LETTERS AND STATEMENTS.—The Secretary may
not issue policy letters or other statements (including letters or
statements regarding issues of national significance) that—
‘‘(1) violate or contradict any provision of this title; or
‘‘(2) establish a rule that is required for compliance with,
and eligibility under, this title without following the require-
ments of section 553 of title 5, United States Code.
‘‘(e) EXPLANATION AND ASSURANCES.—Any written response by
the Secretary under subsection (d) regarding a policy, question,
or interpretation under part B shall include an explanation in
the written response that—
‘‘(1) such response is provided as informal guidance and
is not legally binding;
‘‘(2) when required, such response is issued in compliance
with the requirements of section 553 of title 5, United States
Code; and
‘‘(3) such response represents the interpretation by the
Department of Education of the applicable statutory or regu-
latory requirements in the context of the specific facts pre-
sented.
‘‘(f) CORRESPONDENCE
FROM
DEPARTMENT
OF
EDUCATION
DESCRIBING INTERPRETATIONS OF THIS TITLE.—
‘‘(1) IN GENERAL.—The Secretary shall, on a quarterly basis,
publish in the Federal Register, and widely disseminate to
interested entities through various additional forms of commu-
nication, a list of correspondence from the Department of Edu-
cation received by individuals during the previous quarter that
describes the interpretations of the Department of Education
of this title or the regulations implemented pursuant to this
title.
‘‘(2) ADDITIONAL
INFORMATION.—For each item of cor-
respondence published in a list under paragraph (1), the Sec-
retary shall—
‘‘(A) identify the topic addressed by the correspondence
and shall include such other summary information as the
Secretary determines to be appropriate; and
‘‘(B) ensure that all such correspondence is issued,
where applicable, in compliance with the requirements of
section 553 of title 5, United States Code.
H. R. 1350—15
‘‘SEC. 608. STATE ADMINISTRATION.
‘‘(a) RULEMAKING.—Each State that receives funds under this
title shall—
‘‘(1) ensure that any State rules, regulations, and policies
relating to this title conform to the purposes of this title;
‘‘(2) identify in writing to local educational agencies located
in the State and the Secretary any such rule, regulation, or
policy as a State-imposed requirement that is not required
by this title and Federal regulations; and
‘‘(3) minimize the number of rules, regulations, and policies
to which the local educational agencies and schools located
in the State are subject under this title.
‘‘(b) SUPPORT AND FACILITATION.—State rules, regulations, and
policies under this title shall support and facilitate local educational
agency and school-level system improvement designed to enable
children with disabilities to meet the challenging State student
academic achievement standards.
‘‘SEC. 609. PAPERWORK REDUCTION.
‘‘(a) PILOT PROGRAM.—
‘‘(1) PURPOSE.—The purpose of this section is to provide
an opportunity for States to identify ways to reduce paperwork
burdens and other administrative duties that are directly asso-
ciated with the requirements of this title, in order to increase
the time and resources available for instruction and other
activities aimed at improving educational and functional results
for children with disabilities.
‘‘(2) AUTHORIZATION.—
‘‘(A) IN GENERAL.—In order to carry out the purpose
of this section, the Secretary is authorized to grant waivers
of statutory requirements of, or regulatory requirements
relating to, part B for a period of time not to exceed
4 years with respect to not more than 15 States based
on proposals submitted by States to reduce excessive paper-
work and noninstructional time burdens that do not assist
in improving educational and functional results for children
with disabilities.
‘‘(B) EXCEPTION.—The Secretary shall not waive under
this section any statutory requirements of, or regulatory
requirements relating to, applicable civil rights require-
ments.
‘‘(C) RULE OF CONSTRUCTION.—Nothing in this section
shall be construed to—
‘‘(i) affect the right of a child with a disability
to receive a free appropriate public education under
part B; and
‘‘(ii) permit a State or local educational agency
to waive procedural safeguards under section 615.
‘‘(3) PROPOSAL.—
‘‘(A) IN GENERAL.—A State desiring to participate in
the program under this section shall submit a proposal
to the Secretary at such time and in such manner as
the Secretary may reasonably require.
‘‘(B) CONTENT.—The proposal shall include—
‘‘(i) a list of any statutory requirements of, or regu-
latory requirements relating to, part B that the State
H. R. 1350—16
desires the Secretary to waive, in whole or in part;
and
‘‘(ii) a list of any State requirements that the State
proposes to waive or change, in whole or in part, to
carry out a waiver granted to the State by the Sec-
retary.
‘‘(4) TERMINATION OF WAIVER.—The Secretary shall termi-
nate a State’s waiver under this section if the Secretary deter-
mines that the State—
‘‘(A) needs assistance under section 616(d)(2)(A)(ii) and
that the waiver has contributed to or caused such need
for assistance;
‘‘(B) needs intervention under section 616(d)(2)(A)(iii)
or 
needs 
substantial 
intervention 
under 
section
616(d)(2)(A)(iv); or
‘‘(C) failed to appropriately implement its waiver.
‘‘(b) REPORT.—Beginning 2 years after the date of enactment
of the Individuals with Disabilities Education Improvement Act
of 2004, the Secretary shall include in the annual report to Congress
submitted pursuant to section 426 of the Department of Education
Organization Act information related to the effectiveness of waivers
granted under subsection (a), including any specific recommenda-
tions for broader implementation of such waivers, in—
‘‘(1) reducing—
‘‘(A) the paperwork burden on teachers, principals,
administrators, and related service providers; and
‘‘(B) noninstructional time spent by teachers in com-
plying with part B;
‘‘(2) enhancing longer-term educational planning;
‘‘(3) improving positive outcomes for children with disabil-
ities;
‘‘(4) promoting collaboration between IEP Team members;
and
‘‘(5) ensuring satisfaction of family members.
‘‘SEC. 610. FREELY ASSOCIATED STATES.
‘‘The Republic of the Marshall Islands, the Federated States
of Micronesia, and the Republic of Palau shall continue to be eligible
for competitive grants administered by the Secretary under this
title to the extent that such grants continue to be available to
States and local educational agencies under this title.
‘‘PART B—ASSISTANCE FOR EDUCATION OF
ALL CHILDREN WITH DISABILITIES
‘‘SEC. 611. AUTHORIZATION; ALLOTMENT; USE OF FUNDS; AUTHORIZA-
TION OF APPROPRIATIONS.
‘‘(a) GRANTS TO STATES.—
‘‘(1) PURPOSE OF GRANTS.—The Secretary shall make grants
to States, outlying areas, and freely associated States, and
provide funds to the Secretary of the Interior, to assist them
to provide special education and related services to children
with disabilities in accordance with this part.
‘‘(2) MAXIMUM
AMOUNT.—The maximum amount of the
grant a State may receive under this section—
‘‘(A) for fiscal years 2005 and 2006 is—
H. R. 1350—17
‘‘(i) the number of children with disabilities in
the State who are receiving special education and
related services—
‘‘(I) aged 3 through 5 if the State is eligible
for a grant under section 619; and
‘‘(II) aged 6 through 21; multiplied by
‘‘(ii) 40 percent of the average per-pupil expendi-
ture in public elementary schools and secondary
schools in the United States; and
‘‘(B) for fiscal year 2007 and subsequent fiscal years
is—
‘‘(i) the number of children with disabilities in
the 2004–2005 school year in the State who received
special education and related services—
‘‘(I) aged 3 through 5 if the State is eligible
for a grant under section 619; and
‘‘(II) aged 6 through 21; multiplied by
‘‘(ii) 40 percent of the average per-pupil expendi-
ture in public elementary schools and secondary
schools in the United States; adjusted by
‘‘(iii) the rate of annual change in the sum of—
‘‘(I) 85 percent of such State’s population
described in subsection (d)(3)(A)(i)(II); and
‘‘(II) 15 percent of such State’s population
described in subsection (d)(3)(A)(i)(III).
‘‘(b) OUTLYING AREAS AND FREELY ASSOCIATED STATES; SEC-
RETARY OF THE INTERIOR.—
‘‘(1) OUTLYING AREAS AND FREELY ASSOCIATED STATES.—
‘‘(A) FUNDS RESERVED.—From the amount appropriated
for any fiscal year under subsection (i), the Secretary shall
reserve not more than 1 percent, which shall be used—
‘‘(i) to provide assistance to the outlying areas
in accordance with their respective populations of
individuals aged 3 through 21; and
‘‘(ii) to provide each freely associated State a grant
in the amount that such freely associated State
received for fiscal year 2003 under this part, but only
if the freely associated State meets the applicable
requirements of this part, as well as the requirements
of section 611(b)(2)(C) as such section was in effect
on the day before the date of enactment of the Individ-
uals with Disabilities Education Improvement Act of
2004.
‘‘(B) SPECIAL RULE.—The provisions of Public Law 95–
134, permitting the consolidation of grants by the outlying
areas, shall not apply to funds provided to the outlying
areas or the freely associated States under this section.
‘‘(C) DEFINITION.—In this paragraph, the term ‘freely
associated States’ means the Republic of the Marshall
Islands, the Federated States of Micronesia, and the
Republic of Palau.
‘‘(2) SECRETARY OF THE INTERIOR.—From the amount appro-
priated for any fiscal year under subsection (i), the Secretary
shall reserve 1.226 percent to provide assistance to the Sec-
retary of the Interior in accordance with subsection (h).
‘‘(c) TECHNICAL ASSISTANCE.—
H. R. 1350—18
‘‘(1) IN GENERAL.—The Secretary may reserve not more
than 1⁄2 of 1 percent of the amounts appropriated under this
part for each fiscal year to provide technical assistance activities
authorized under section 616(i).
‘‘(2) MAXIMUM AMOUNT.—The maximum amount the Sec-
retary may reserve under paragraph (1) for any fiscal year
is $25,000,000, cumulatively adjusted by the rate of inflation
as measured by the percentage increase, if any, from the pre-
ceding fiscal year in the Consumer Price Index For All Urban
Consumers, published by the Bureau of Labor Statistics of
the Department of Labor.
‘‘(d) ALLOCATIONS TO STATES.—
‘‘(1) IN GENERAL.—After reserving funds for technical assist-
ance, and for payments to the outlying areas, the freely associ-
ated States, and the Secretary of the Interior under subsections
(b) and (c) for a fiscal year, the Secretary shall allocate the
remaining amount among the States in accordance with this
subsection.
‘‘(2) SPECIAL RULE FOR USE OF FISCAL YEAR 1999 AMOUNT.—
If a State received any funds under this section for fiscal
year 1999 on the basis of children aged 3 through 5, but
does not make a free appropriate public education available
to all children with disabilities aged 3 through 5 in the State
in any subsequent fiscal year, the Secretary shall compute
the State’s amount for fiscal year 1999, solely for the purpose
of calculating the State’s allocation in that subsequent year
under paragraph (3) or (4), by subtracting the amount allocated
to the State for fiscal year 1999 on the basis of those children.
‘‘(3) INCREASE IN FUNDS.—If the amount available for alloca-
tions to States under paragraph (1) for a fiscal year is equal
to or greater than the amount allocated to the States under
this paragraph for the preceding fiscal year, those allocations
shall be calculated as follows:
‘‘(A) ALLOCATION OF INCREASE.—
‘‘(i) IN GENERAL.—Except as provided in subpara-
graph (B), the Secretary shall allocate for the fiscal
year—
‘‘(I) to each State the amount the State
received under this section for fiscal year 1999;
‘‘(II) 85 percent of any remaining funds to
States on the basis of the States’ relative popu-
lations of children aged 3 through 21 who are
of the same age as children with disabilities for
whom the State ensures the availability of a free
appropriate public education under this part; and
‘‘(III) 15 percent of those remaining funds to
States on the basis of the States’ relative popu-
lations of children described in subclause (II) who
are living in poverty.
‘‘(ii) DATA.—For the purpose of making grants
under this paragraph, the Secretary shall use the most
recent population data, including data on children
living in poverty, that are available and satisfactory
to the Secretary.
‘‘(B) LIMITATIONS.—Notwithstanding subparagraph (A),
allocations under this paragraph shall be subject to the
following:
H. R. 1350—20
‘‘(B) AMOUNTS EQUAL TO OR LESS THAN FISCAL YEAR
1999 ALLOCATIONS.—
‘‘(i) IN
GENERAL.—If the amount available for
allocations under this paragraph is equal to or less
than the amount allocated to the States for fiscal year
1999, each State shall be allocated the amount the
State received for fiscal year 1999.
‘‘(ii) RATABLE REDUCTION.—If the amount available
for allocations under this paragraph is insufficient to
make the allocations described in clause (i), those
allocations shall be ratably reduced.
‘‘(e) STATE-LEVEL ACTIVITIES.—
‘‘(1) STATE ADMINISTRATION.—
‘‘(A) IN GENERAL.—For the purpose of administering
this part, including paragraph (3), section 619, and the
coordination of activities under this part with, and pro-
viding technical assistance to, other programs that provide
services to children with disabilities—
‘‘(i) each State may reserve for each fiscal year
not more than the maximum amount the State was
eligible to reserve for State administration under this
section for fiscal year 2004 or $800,000 (adjusted in
accordance with subparagraph (B)), whichever is
greater; and
‘‘(ii) each outlying area may reserve for each fiscal
year not more than 5 percent of the amount the out-
lying area receives under subsection (b)(1) for the fiscal
year or $35,000, whichever is greater.
‘‘(B) CUMULATIVE
ANNUAL
ADJUSTMENTS.—For each
fiscal year beginning with fiscal year 2005, the Secretary
shall cumulatively adjust—
‘‘(i) the maximum amount the State was eligible
to reserve for State administration under this part
for fiscal year 2004; and
‘‘(ii) $800,000,
by the rate of inflation as measured by the percentage
increase, if any, from the preceding fiscal year in the Con-
sumer Price Index For All Urban Consumers, published
by the Bureau of Labor Statistics of the Department of
Labor.
‘‘(C) CERTIFICATION.—Prior to expenditure of funds
under this paragraph, the State shall certify to the Sec-
retary that the arrangements to establish responsibility
for services pursuant to section 612(a)(12)(A) are current.
‘‘(D) PART C.—Funds reserved under subparagraph (A)
may be used for the administration of part C, if the State
educational agency is the lead agency for the State under
such part.
‘‘(2) OTHER STATE-LEVEL ACTIVITIES.—
‘‘(A) STATE-LEVEL ACTIVITIES.—
‘‘(i) IN
GENERAL.—Except as provided in clause
(iii), for the purpose of carrying out State-level activi-
ties, each State may reserve for each of the fiscal
years 2005 and 2006 not more than 10 percent from
the amount of the State’s allocation under subsection
(d) for each of the fiscal years 2005 and 2006, respec-
tively. For fiscal year 2007 and each subsequent fiscal
H. R. 1350—21
year, the State may reserve the maximum amount
the State was eligible to reserve under the preceding
sentence for fiscal year 2006 (cumulatively adjusted
by the rate of inflation as measured by the percentage
increase, if any, from the preceding fiscal year in the
Consumer Price Index For All Urban Consumers, pub-
lished by the Bureau of Labor Statistics of the Depart-
ment of Labor).
‘‘(ii) SMALL STATE ADJUSTMENT.—Notwithstanding
clause (i) and except as provided in clause (iii), in
the case of a State for which the maximum amount
reserved for State administration is not greater than
$850,000, the State may reserve for the purpose of
carrying out State-level activities for each of the fiscal
years 2005 and 2006, not more than 10.5 percent from
the amount of the State’s allocation under subsection
(d) for each of the fiscal years 2005 and 2006, respec-
tively. For fiscal year 2007 and each subsequent fiscal
year, such State may reserve the maximum amount
the State was eligible to reserve under the preceding
sentence for fiscal year 2006 (cumulatively adjusted
by the rate of inflation as measured by the percentage
increase, if any, from the preceding fiscal year in the
Consumer Price Index For All Urban Consumers, pub-
lished by the Bureau of Labor Statistics of the Depart-
ment of Labor).
‘‘(iii) EXCEPTION.—If a State does not reserve funds
under paragraph (3) for a fiscal year, then—
‘‘(I) in the case of a State that is not described
in clause (ii), for fiscal year 2005 or 2006, clause
(i) shall be applied by substituting ‘9.0 percent’
for ‘10 percent’; and
‘‘(II) in the case of a State that is described
in clause (ii), for fiscal year 2005 or 2006, clause
(ii) shall be applied by substituting ‘9.5 percent’
for ‘10.5 percent’.
‘‘(B) REQUIRED
ACTIVITIES.—Funds reserved under
subparagraph (A) shall be used to carry out the following
activities:
‘‘(i) For monitoring, enforcement, and complaint
investigation.
‘‘(ii) To establish and implement the mediation
process required by section 615(e), including providing
for the cost of mediators and support personnel.
‘‘(C) AUTHORIZED ACTIVITIES.—Funds reserved under
subparagraph (A) may be used to carry out the following
activities:
‘‘(i) For support and direct services, including tech-
nical assistance, personnel preparation, and profes-
sional development and training.
‘‘(ii) To support paperwork reduction activities,
including expanding the use of technology in the IEP
process.
‘‘(iii) To assist local educational agencies in pro-
viding positive behavioral interventions and supports
and appropriate mental health services for children
with disabilities.
H. R. 1350—22
‘‘(iv) To improve the use of technology in the class-
room by children with disabilities to enhance learning.
‘‘(v) To support the use of technology, including
technology with universal design principles and
assistive technology devices, to maximize accessibility
to the general education curriculum for children with
disabilities.
‘‘(vi) Development and implementation of transi-
tion programs, including coordination of services with
agencies involved in supporting the transition of chil-
dren with disabilities to postsecondary activities.
‘‘(vii) To assist local educational agencies in
meeting personnel shortages.
‘‘(viii) To support capacity building activities and
improve the delivery of services by local educational
agencies to improve results for children with disabil-
ities.
‘‘(ix) Alternative programming for children with
disabilities who have been expelled from school, and
services for children with disabilities in correctional
facilities, children enrolled in State-operated or State-
supported schools, and children with disabilities in
charter schools.
‘‘(x) To support the development and provision of
appropriate accommodations for children with disabil-
ities, or the development and provision of alternate
assessments that are valid and reliable for assessing
the performance of children with disabilities, in accord-
ance with sections 1111(b) and 6111 of the Elementary
and Secondary Education Act of 1965.
‘‘(xi) To provide technical assistance to schools and
local 
educational 
agencies, 
and 
direct 
services,
including supplemental educational services as defined
in 1116(e) of the Elementary and Secondary Education
Act of 1965 to children with disabilities, in schools
or local educational agencies identified for improve-
ment under section 1116 of the Elementary and Sec-
ondary Education Act of 1965 on the sole basis of
the assessment results of the disaggregated subgroup
of children with disabilities, including providing profes-
sional development to special and regular education
teachers, who teach children with disabilities, based
on scientifically based research to improve educational
instruction, in order to improve academic achievement
to meet or exceed the objectives established by the
State under section 1111(b)(2)(G) the Elementary and
Secondary Education Act of 1965.
‘‘(3) LOCAL EDUCATIONAL AGENCY RISK POOL.—
‘‘(A) IN GENERAL.—
‘‘(i) RESERVATION OF FUNDS.—For the purpose of
assisting local educational agencies (including a charter
school that is a local educational agency or a consor-
tium of local educational agencies) in addressing the
needs of high need children with disabilities, each State
shall have the option to reserve for each fiscal year
10 percent of the amount of funds the State reserves
for State-level activities under paragraph (2)(A)—
H. R. 1350—23
‘‘(I) to establish and make disbursements from
the high cost fund to local educational agencies
in accordance with this paragraph during the first
and succeeding fiscal years of the high cost fund;
and
‘‘(II) to support innovative and effective ways
of cost sharing by the State, by a local educational
agency, or among a consortium of local educational
agencies, as determined by the State in coordina-
tion with representatives from local educational
agencies, subject to subparagraph (B)(ii).
‘‘(ii) DEFINITION OF LOCAL EDUCATIONAL AGENCY.—
In this paragraph the term ‘local educational agency’
includes a charter school that is a local educational
agency, or a consortium of local educational agencies.
‘‘(B) LIMITATION ON USES OF FUNDS.—
‘‘(i) ESTABLISHMENT OF HIGH COST FUND.—A State
shall not use any of the funds the State reserves pursu-
ant to subparagraph (A)(i), but may use the funds
the State reserves under paragraph (1), to establish
and support the high cost fund.
‘‘(ii) INNOVATIVE AND EFFECTIVE COST SHARING.—
A State shall not use more than 5 percent of the
funds the State reserves pursuant to subparagraph
(A)(i) for each fiscal year to support innovative and
effective ways of cost sharing among consortia of local
educational agencies.
‘‘(C) STATE PLAN FOR HIGH COST FUND.—
‘‘(i) DEFINITION.—The State educational agency
shall establish the State’s definition of a high need
child with a disability, which definition shall be devel-
oped in consultation with local educational agencies.
‘‘(ii) STATE PLAN.—The State educational agency
shall develop, not later than 90 days after the State
reserves funds under this paragraph, annually review,
and amend as necessary, a State plan for the high
cost fund. Such State plan shall—
‘‘(I) establish, in coordination with representa-
tives from local educational agencies, a definition
of a high need child with a disability that, at
a minimum—
‘‘(aa) addresses the financial impact a high
need child with a disability has on the budget
of the child’s local educational agency; and
‘‘(bb) ensures that the cost of the high
need child with a disability is greater than
3 times the average per pupil expenditure (as
defined in section 9101 of the Elementary and
Secondary Education Act of 1965) in that
State;
‘‘(II) establish eligibility criteria for the partici-
pation of a local educational agency that, at a
minimum, takes into account the number and
percentage of high need children with disabilities
served by a local educational agency;
H. R. 1350—24
‘‘(III) develop a funding mechanism that pro-
vides distributions each fiscal year to local edu-
cational agencies that meet the criteria developed
by the State under subclause (II); and
‘‘(IV) establish an annual schedule by which
the State educational agency shall make its dis-
tributions from the high cost fund each fiscal year.
‘‘(iii) PUBLIC AVAILABILITY.—The State shall make
its final State plan publicly available not less than
30 days before the beginning of the school year,
including dissemination of such information on the
State website.
‘‘(D) DISBURSEMENTS
FROM
THE
HIGH
COST
FUND.—
‘‘(i) IN GENERAL.—Each State educational agency
shall make all annual disbursements from the high
cost fund established under subparagraph (A)(i) in
accordance with the State plan published pursuant
to subparagraph (C).
‘‘(ii) USE
OF
DISBURSEMENTS.—Each State edu-
cational agency shall make annual disbursements to
eligible local educational agencies in accordance with
its State plan under subparagraph (C)(ii).
‘‘(iii) APPROPRIATE
COSTS.—The costs associated
with educating a high need child with a disability
under subparagraph (C)(i) are only those costs associ-
ated with providing direct special education and related
services to such child that are identified in such child’s
IEP.
‘‘(E) LEGAL FEES.—The disbursements under subpara-
graph (D) shall not support legal fees, court costs, or other
costs associated with a cause of action brought on behalf
of a child with a disability to ensure a free appropriate
public education for such child.
‘‘(F) ASSURANCE OF A FREE APPROPRIATE PUBLIC EDU-
CATION.—Nothing in this paragraph shall be construed—
‘‘(i) to limit or condition the right of a child with
a disability who is assisted under this part to receive
a free appropriate public education pursuant to section
612(a)(1) in the least restrictive environment pursuant
to section 612(a)(5); or
‘‘(ii) to authorize a State educational agency or
local educational agency to establish a limit on what
may be spent on the education of a child with a dis-
ability.
‘‘(G) SPECIAL
RULE
FOR
RISK
POOL
AND
HIGH
NEED
ASSISTANCE PROGRAMS IN EFFECT AS OF JANUARY 1, 2004.—
Notwithstanding the provisions of subparagraphs (A)
through (F), a State may use funds reserved pursuant
to this paragraph for implementing a placement neutral
cost sharing and reimbursement program of high need,
low incidence, catastrophic, or extraordinary aid to local
educational agencies that provides services to high need
students based on eligibility criteria for such programs
that were created not later than January 1, 2004, and
are currently in operation, if such program serves children
that meet the requirement of the definition of a high need
H. R. 1350—25
child with a disability as described in subparagraph
(C)(ii)(I).
‘‘(H) MEDICAID
SERVICES
NOT
AFFECTED.—Disburse-
ments provided under this paragraph shall not be used
to pay costs that otherwise would be reimbursed as medical
assistance for a child with a disability under the State
medicaid program under title XIX of the Social Security
Act.
‘‘(I) 
REMAINING
FUNDS.—Funds 
reserved 
under
subparagraph (A) in any fiscal year but not expended in
that fiscal year pursuant to subparagraph (D) shall be
allocated to local educational agencies for the succeeding
fiscal year in the same manner as funds are allocated
to local educational agencies under subsection (f) for the
succeeding fiscal year.
‘‘(4) INAPPLICABILITY OF CERTAIN PROHIBITIONS.—A State
may use funds the State reserves under paragraphs (1) and
(2) without regard to—
‘‘(A) the prohibition on commingling of funds in section
612(a)(17)(B); and
‘‘(B) the prohibition on supplanting other funds in sec-
tion 612(a)(17)(C).
‘‘(5) REPORT ON USE OF FUNDS.—As part of the information
required to be submitted to the Secretary under section 612,
each State shall annually describe how amounts under this
section—
‘‘(A) will be used to meet the requirements of this
title; and
‘‘(B) will be allocated among the activities described
in this section to meet State priorities based on input
from local educational agencies.
‘‘(6) SPECIAL RULE FOR INCREASED FUNDS.—A State may
use funds the State reserves under paragraph (1)(A) as a result
of inflationary increases under paragraph (1)(B) to carry out
activities authorized under clause (i), (iii), (vii), or (viii) of
paragraph (2)(C).
‘‘(7) FLEXIBILITY IN USING FUNDS FOR PART C.—Any State
eligible to receive a grant under section 619 may use funds
made available under paragraph (1)(A), subsection (f)(3), or
section 619(f)(5) to develop and implement a State policy jointly
with the lead agency under part C and the State educational
agency to provide early intervention services (which shall
include an educational component that promotes school readi-
ness and incorporates preliteracy, language, and numeracy
skills) in accordance with part C to children with disabilities
who are eligible for services under section 619 and who pre-
viously received services under part C until such children enter,
or are eligible under State law to enter, kindergarten, or
elementary school as appropriate.
‘‘(f) SUBGRANTS TO LOCAL EDUCATIONAL AGENCIES.—
‘‘(1) SUBGRANTS
REQUIRED.—Each State that receives a
grant under this section for any fiscal year shall distribute
any funds the State does not reserve under subsection (e)
to local educational agencies (including public charter schools
that operate as local educational agencies) in the State that
have established their eligibility under section 613 for use
in accordance with this part.
H. R. 1350—26
‘‘(2) PROCEDURE FOR ALLOCATIONS TO LOCAL EDUCATIONAL
AGENCIES.—For each fiscal year for which funds are allocated
to States under subsection (d), each State shall allocate funds
under paragraph (1) as follows:
‘‘(A) BASE PAYMENTS.—The State shall first award each
local educational agency described in paragraph (1) the
amount the local educational agency would have received
under this section for fiscal year 1999, if the State had
distributed 75 percent of its grant for that year under
section 611(d) as section 611(d) was then in effect.
‘‘(B) ALLOCATION OF REMAINING FUNDS.—After making
allocations under subparagraph (A), the State shall—
‘‘(i) allocate 85 percent of any remaining funds
to those local educational agencies on the basis of
the relative numbers of children enrolled in public
and private elementary schools and secondary schools
within the local educational agency’s jurisdiction; and
‘‘(ii) allocate 15 percent of those remaining funds
to those local educational agencies in accordance with
their relative numbers of children living in poverty,
as determined by the State educational agency.
‘‘(3) REALLOCATION
OF
FUNDS.—If a State educational
agency determines that a local educational agency is adequately
providing a free appropriate public education to all children
with disabilities residing in the area served by that local edu-
cational agency with State and local funds, the State edu-
cational agency may reallocate any portion of the funds under
this part that are not needed by that local educational agency
to provide a free appropriate public education to other local
educational agencies in the State that are not adequately pro-
viding special education and related services to all children
with disabilities residing in the areas served by those other
local educational agencies.
‘‘(g) DEFINITIONS.—In this section:
‘‘(1) 
AVERAGE
PER-PUPIL
EXPENDITURE
IN
PUBLIC
ELEMENTARY SCHOOLS AND SECONDARY SCHOOLS IN THE UNITED
STATES.—The term ‘average per-pupil expenditure in public
elementary schools and secondary schools in the United States’
means—
‘‘(A) without regard to the source of funds—
‘‘(i) the aggregate current expenditures, during the
second fiscal year preceding the fiscal year for which
the determination is made (or, if satisfactory data for
that year are not available, during the most recent
preceding fiscal year for which satisfactory data are
available) of all local educational agencies in the 50
States and the District of Columbia; plus
‘‘(ii) any direct expenditures by the State for the
operation of those agencies; divided by
‘‘(B) the aggregate number of children in average daily
attendance to whom those agencies provided free public
education during that preceding year.
‘‘(2) STATE.—The term ‘State’ means each of the 50 States,
the District of Columbia, and the Commonwealth of Puerto
Rico.
‘‘(h) USE OF AMOUNTS BY SECRETARY OF THE INTERIOR.—
‘‘(1) PROVISION OF AMOUNTS FOR ASSISTANCE.—
H. R. 1350—27
‘‘(A) IN GENERAL.—The Secretary of Education shall
provide amounts to the Secretary of the Interior to meet
the need for assistance for the education of children with
disabilities on reservations aged 5 to 21, inclusive, enrolled
in elementary schools and secondary schools for Indian
children operated or funded by the Secretary of the Interior.
The amount of such payment for any fiscal year shall
be equal to 80 percent of the amount allotted under sub-
section (b)(2) for that fiscal year. Of the amount described
in the preceding sentence—
‘‘(i) 80 percent shall be allocated to such schools
by July 1 of that fiscal year; and
‘‘(ii) 20 percent shall be allocated to such schools
by September 30 of that fiscal year.
‘‘(B) CALCULATION OF NUMBER OF CHILDREN.—In the
case of Indian students aged 3 to 5, inclusive, who are
enrolled in programs affiliated with the Bureau of Indian
Affairs (referred to in this subsection as the ‘BIA’) schools
and that are required by the States in which such schools
are located to attain or maintain State accreditation, and
which schools have such accreditation prior to the date
of enactment of the Individuals with Disabilities Education
Act Amendments of 1991, the school shall be allowed to
count those children for the purpose of distribution of the
funds provided under this paragraph to the Secretary of
the Interior. The Secretary of the Interior shall be respon-
sible for meeting all of the requirements of this part for
those children, in accordance with paragraph (2).
‘‘(C) ADDITIONAL REQUIREMENT.—With respect to all
other children aged 3 to 21, inclusive, on reservations,
the State educational agency shall be responsible for
ensuring that all of the requirements of this part are imple-
mented.
‘‘(2) SUBMISSION OF INFORMATION.—The Secretary of Edu-
cation may provide the Secretary of the Interior amounts under
paragraph (1) for a fiscal year only if the Secretary of the
Interior submits to the Secretary of Education information
that—
‘‘(A) demonstrates that the Department of the Interior
meets the appropriate requirements, as determined by the
Secretary of Education, of sections 612 (including moni-
toring and evaluation activities) and 613;
‘‘(B) includes a description of how the Secretary of
the Interior will coordinate the provision of services under
this part with local educational agencies, tribes and tribal
organizations, and other private and Federal service pro-
viders;
‘‘(C) includes an assurance that there are public
hearings, adequate notice of such hearings, and an oppor-
tunity for comment afforded to members of tribes, tribal
governing bodies, and affected local school boards before
the adoption of the policies, programs, and procedures
related to the requirements described in subparagraph (A);
‘‘(D) includes an assurance that the Secretary of the
Interior will provide such information as the Secretary
of Education may require to comply with section 618;
H. R. 1350—28
‘‘(E) includes an assurance that the Secretary of the
Interior and the Secretary of Health and Human Services
have entered into a memorandum of agreement, to be
provided to the Secretary of Education, for the coordination
of services, resources, and personnel between their respec-
tive Federal, State, and local offices and with State and
local educational agencies and other entities to facilitate
the provision of services to Indian children with disabilities
residing on or near reservations (such agreement shall
provide for the apportionment of responsibilities and costs,
including child find, evaluation, diagnosis, remediation or
therapeutic measures, and (where appropriate) equipment
and medical or personal supplies as needed for a child
to remain in school or a program); and
‘‘(F) includes an assurance that the Department of
the Interior will cooperate with the Department of Edu-
cation in its exercise of monitoring and oversight of this
application, and any agreements entered into between the
Secretary of the Interior and other entities under this
part, and will fulfill its duties under this part.
‘‘(3) APPLICABILITY.—The Secretary shall withhold pay-
ments under this subsection with respect to the information
described in paragraph (2) in the same manner as the Secretary
withholds payments under section 616(e)(6).
‘‘(4) PAYMENTS FOR EDUCATION AND SERVICES FOR INDIAN
CHILDREN WITH DISABILITIES AGED 3 THROUGH 5.—
‘‘(A) IN GENERAL.—With funds appropriated under sub-
section (i), the Secretary of Education shall make payments
to the Secretary of the Interior to be distributed to tribes
or tribal organizations (as defined under section 4 of the
Indian Self-Determination and Education Assistance Act)
or consortia of tribes or tribal organizations to provide
for the coordination of assistance for special education and
related services for children with disabilities aged 3
through 5 on reservations served by elementary schools
and secondary schools for Indian children operated or
funded by the Department of the Interior. The amount
of such payments under subparagraph (B) for any fiscal
year shall be equal to 20 percent of the amount allotted
under subsection (b)(2).
‘‘(B) DISTRIBUTION OF FUNDS.—The Secretary of the
Interior shall distribute the total amount of the payment
under subparagraph (A) by allocating to each tribe, tribal
organization, or consortium an amount based on the
number of children with disabilities aged 3 through 5
residing on reservations as reported annually, divided by
the total of those children served by all tribes or tribal
organizations.
‘‘(C) SUBMISSION OF INFORMATION.—To receive a pay-
ment under this paragraph, the tribe or tribal organization
shall submit such figures to the Secretary of the Interior
as required to determine the amounts to be allocated under
subparagraph (B). This information shall be compiled and
submitted to the Secretary of Education.
‘‘(D) USE OF FUNDS.—The funds received by a tribe
or tribal organization shall be used to assist in child find,
screening, and other procedures for the early identification
H. R. 1350—29
of children aged 3 through 5, parent training, and the
provision of direct services. These activities may be carried
out directly or through contracts or cooperative agreements
with the BIA, local educational agencies, and other public
or private nonprofit organizations. The tribe or tribal
organization is encouraged to involve Indian parents in
the development and implementation of these activities.
The tribe or tribal organization shall, as appropriate, make
referrals to local, State, or Federal entities for the provision
of services or further diagnosis.
‘‘(E) BIENNIAL
REPORT.—To be eligible to receive a
grant pursuant to subparagraph (A), the tribe or tribal
organization shall provide to the Secretary of the Interior
a biennial report of activities undertaken under this para-
graph, 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 Sec-
retary of the Interior shall include a summary of this
information on a biennial basis in the report to the Sec-
retary of Education required under this subsection. The
Secretary of Education may require any additional informa-
tion from the Secretary of the Interior.
‘‘(F) PROHIBITIONS.—None of the funds allocated under
this paragraph may be used by the Secretary of the Interior
for administrative purposes, including child count and the
provision of technical assistance.
‘‘(5) PLAN FOR COORDINATION OF SERVICES.—The Secretary
of the Interior shall develop and implement a plan for the
coordination of services for all Indian children with disabilities
residing on reservations covered under this title. Such plan
shall provide for the coordination of services benefiting those
children from whatever source, including tribes, the Indian
Health Service, other BIA divisions, and other Federal agencies.
In developing the plan, the Secretary of the Interior shall
consult with all interested and involved parties. The plan shall
be based on the needs of the children and the system best
suited for meeting those needs, and may involve the establish-
ment of cooperative agreements between the BIA, other Federal
agencies, and other entities. The plan shall also be distributed
upon request to States, State educational agencies and local
educational agencies, and other agencies providing services to
infants, toddlers, and children with disabilities, to tribes, and
to other interested parties.
‘‘(6) ESTABLISHMENT
OF
ADVISORY
BOARD.—To meet the
requirements of section 612(a)(21), the Secretary of the Interior
shall establish, under the BIA, an advisory board composed
of individuals involved in or concerned with the education and
provision of services to Indian infants, toddlers, children, and
youth with disabilities, including Indians with disabilities,
Indian parents or guardians of such children, teachers, service
providers, State and local educational officials, representatives
of tribes or tribal organizations, representatives from State
Interagency Coordinating Councils under section 641 in States
having reservations, and other members representing the var-
ious divisions and entities of the BIA. The chairperson shall
H. R. 1350—30
be selected by the Secretary of the Interior. The advisory board
shall—
‘‘(A) assist in the coordination of services within the
BIA and with other local, State, and Federal agencies in
the provision of education for infants, toddlers, and children
with disabilities;
‘‘(B) advise and assist the Secretary of the Interior
in the performance of the Secretary of the Interior’s respon-
sibilities described in this subsection;
‘‘(C) develop and recommend policies concerning effec-
tive inter- and intra-agency collaboration, including modi-
fications to regulations, and the elimination of barriers
to inter- and intra-agency programs and activities;
‘‘(D) provide assistance and disseminate information
on best practices, effective program coordination strategies,
and recommendations for improved early intervention serv-
ices or educational programming for Indian infants, tod-
dlers, and children with disabilities; and
‘‘(E) provide assistance in the preparation of informa-
tion required under paragraph (2)(D).
‘‘(7) ANNUAL REPORTS.—
‘‘(A) IN
GENERAL.—The advisory board established
under paragraph (6) shall prepare and submit to the Sec-
retary of the Interior and to Congress an annual report
containing a description of the activities of the advisory
board for the preceding year.
‘‘(B) AVAILABILITY.—The Secretary of the Interior shall
make available to the Secretary of Education the report
described in subparagraph (A).
‘‘(i) AUTHORIZATION OF APPROPRIATIONS.—For the purpose of
carrying out this part, other than section 619, there are authorized
to be appropriated—
‘‘(1) $12,358,376,571 for fiscal year 2005;
‘‘(2) $14,648,647,143 for fiscal year 2006;
‘‘(3) $16,938,917,714 for fiscal year 2007;
‘‘(4) $19,229,188,286 for fiscal year 2008;
‘‘(5) $21,519,458,857 for fiscal year 2009;
‘‘(6) $23,809,729,429 for fiscal year 2010;
‘‘(7) $26,100,000,000 for fiscal year 2011; and
‘‘(8) such sums as may be necessary for fiscal year 2012
and each succeeding fiscal year.
‘‘SEC. 612. STATE ELIGIBILITY.
‘‘(a) IN GENERAL.—A State is eligible for assistance under this
part for a fiscal year if the State submits a plan that provides
assurances to the Secretary that the State has in effect policies
and procedures to ensure that the State meets each of the following
conditions:
‘‘(1) FREE APPROPRIATE PUBLIC EDUCATION.—
‘‘(A) IN GENERAL.—A free appropriate public education
is available to all children with disabilities residing in
the State between the ages of 3 and 21, inclusive, including
children with disabilities who have been suspended or
expelled from school.
‘‘(B) LIMITATION.—The obligation to make a free appro-
priate public education available to all children with
disabilities does not apply with respect to children—
H. R. 1350—31
‘‘(i) aged 3 through 5 and 18 through 21 in a
State to the extent that its application to those children
would be inconsistent with State law or practice, or
the order of any court, respecting the provision of
public education to children in those age ranges; and
‘‘(ii) aged 18 through 21 to the extent that State
law does not require that special education and related
services under this part be provided to children with
disabilities who, in the educational placement prior
to their incarceration in an adult correctional facility—
‘‘(I) were not actually identified as being a
child with a disability under section 602; or
‘‘(II) did not have an individualized education
program under this part.
‘‘(C) STATE FLEXIBILITY.—A State that provides early
intervention services in accordance with part C to a child
who is eligible for services under section 619, is not
required to provide such child with a free appropriate public
education.
‘‘(2) FULL EDUCATIONAL OPPORTUNITY GOAL.—The State has
established a goal of providing full educational opportunity
to all children with disabilities and a detailed timetable for
accomplishing that goal.
‘‘(3) CHILD FIND.—
‘‘(A) IN
GENERAL.—All children with disabilities
residing in the State, including children with disabilities
who are homeless children or are wards of the State and
children with disabilities attending private schools, regard-
less of the severity of their disabilities, and who are in
need of special education and related services, are identi-
fied, located, and evaluated and a practical method is devel-
oped and implemented to determine which children with
disabilities are currently receiving needed special education
and related services.
‘‘(B) CONSTRUCTION.—Nothing in this title requires
that children be classified by their disability so long as
each child who has a disability listed in section 602 and
who, by reason of that disability, needs special education
and related services is regarded as a child with a disability
under this part.
‘‘(4) INDIVIDUALIZED EDUCATION PROGRAM.—An individual-
ized education program, or an individualized family service
plan that meets the requirements of section 636(d), is developed,
reviewed, and revised for each child with a disability in accord-
ance with section 614(d).
‘‘(5) LEAST RESTRICTIVE ENVIRONMENT.—
‘‘(A) IN
GENERAL.—To the maximum extent appro-
priate, children with disabilities, including children in
public or private institutions or other care facilities, are
educated with children who are not disabled, and special
classes, separate schooling, or other removal of children
with disabilities from the regular educational environment
occurs only when the nature or severity of the disability
of a child is such that education in regular classes with
the use of supplementary aids and services cannot be
achieved satisfactorily.
‘‘(B) ADDITIONAL REQUIREMENT.—
H. R. 1350—32
‘‘(i) IN
GENERAL.—A State funding mechanism
shall not result in placements that violate the require-
ments of subparagraph (A), and a State shall not use
a funding mechanism by which the State distributes
funds on the basis of the type of setting in which
a child is served that will result in the failure to
provide a child with a disability a free appropriate
public education according to the unique needs of the
child as described in the child’s IEP.
‘‘(ii) ASSURANCE.—If the State does not have poli-
cies and procedures to ensure compliance with clause
(i), the State shall provide the Secretary an assurance
that the State will revise the funding mechanism as
soon as feasible to ensure that such mechanism does
not result in such placements.
‘‘(6) PROCEDURAL SAFEGUARDS.—
‘‘(A) IN GENERAL.—Children with disabilities and their
parents are afforded the procedural safeguards required
by section 615.
‘‘(B) ADDITIONAL
PROCEDURAL
SAFEGUARDS.—Proce-
dures to ensure that testing and evaluation materials and
procedures utilized for the purposes of evaluation and
placement of children with disabilities for services under
this title will be selected and administered so as not to
be racially or culturally discriminatory. Such materials or
procedures shall be provided and administered in the
child’s native language or mode of communication, unless
it clearly is not feasible to do so, and no single procedure
shall be the sole criterion for determining an appropriate
educational program for a child.
‘‘(7) EVALUATION.—Children with disabilities are evaluated
in accordance with subsections (a) through (c) of section 614.
‘‘(8) CONFIDENTIALITY.—Agencies in the State comply with
section 617(c) (relating to the confidentiality of records and
information).
‘‘(9) TRANSITION FROM PART C TO PRESCHOOL PROGRAMS.—
Children participating in early intervention programs assisted
under part C, and who will participate in preschool programs
assisted under this part, experience a smooth and effective
transition to those preschool programs in a manner consistent
with section 637(a)(9). By the third birthday of such a child,
an individualized education program or, if consistent with sec-
tions 614(d)(2)(B) and 636(d), an individualized family service
plan, has been developed and is being implemented for the
child. The local educational agency will participate in transition
planning conferences arranged by the designated lead agency
under section 635(a)(10).
‘‘(10) CHILDREN IN PRIVATE SCHOOLS.—
‘‘(A) CHILDREN ENROLLED IN PRIVATE SCHOOLS BY THEIR
PARENTS.—
‘‘(i) IN GENERAL.—To the extent consistent with
the number and location of children with disabilities
in the State who are enrolled by their parents in pri-
vate elementary schools and secondary schools in the
school district served by a local educational agency,
provision is made for the participation of those children
in the program assisted or carried out under this part
H. R. 1350—33
by providing for such children special education and
related services in accordance with the following
requirements, unless the Secretary has arranged for
services to those children under subsection (f):
‘‘(I) Amounts to be expended for the provision
of those services (including direct services to paren-
tally placed private school children) by the local
educational agency shall be equal to a propor-
tionate amount of Federal funds made available
under this part.
‘‘(II) In calculating the proportionate amount
of Federal funds, the local educational agency,
after timely and meaningful consultation with rep-
resentatives of private schools as described in
clause (iii), shall conduct a thorough and complete
child find process to determine the number of
parentally 
placed 
children 
with 
disabilities
attending private schools located in the local edu-
cational agency.
‘‘(III) Such services to parentally placed pri-
vate school children with disabilities may be pro-
vided to the children on the premises of private,
including religious, schools, to the extent con-
sistent with law.
‘‘(IV) State and local funds may supplement
and in no case shall supplant the proportionate
amount of Federal funds required to be expended
under this subparagraph.
‘‘(V) Each local educational agency shall main-
tain in its records and provide to the State edu-
cational agency the number of children evaluated
under this subparagraph, the number of children
determined to be children with disabilities under
this paragraph, and the number of children served
under this paragraph.
‘‘(ii) CHILD FIND REQUIREMENT.—
‘‘(I) IN GENERAL.—The requirements of para-
graph (3) (relating to child find) shall apply with
respect to children with disabilities in the State
who are enrolled in private, including religious,
elementary schools and secondary schools.
‘‘(II) EQUITABLE
PARTICIPATION.—The child
find process shall be designed to ensure the equi-
table participation of parentally placed private
school children with disabilities and an accurate
count of such children.
‘‘(III) ACTIVITIES.—In carrying out this clause,
the local educational agency, or where applicable,
the State educational agency, shall undertake
activities similar to those activities undertaken for
the agency’s public school children.
‘‘(IV) COST.—The cost of carrying out this
clause, including individual evaluations, may not
be considered in determining whether a local edu-
cational agency has met its obligations under
clause (i).
H. R. 1350—34
‘‘(V) COMPLETION
PERIOD.—Such child find
process shall be completed in a time period com-
parable to that for other students attending public
schools in the local educational agency.
‘‘(iii) CONSULTATION.—To ensure timely and mean-
ingful consultation, a local educational agency, or
where appropriate, a State educational agency, shall
consult with private school representatives and rep-
resentatives of parents of parentally placed private
school children with disabilities during the design and
development of special education and related services
for the children, including regarding—
‘‘(I) the child find process and how parentally
placed private school children suspected of having
a disability can participate equitably, including
how parents, teachers, and private school officials
will be informed of the process;
‘‘(II) the determination of the proportionate
amount of Federal funds available to serve paren-
tally placed private school children with disabil-
ities under this subparagraph, including the deter-
mination of how the amount was calculated;
‘‘(III) the consultation process among the local
educational agency, private school officials, and
representatives of parents of parentally placed pri-
vate school children with disabilities, including
how such process will operate throughout the
school year to ensure that parentally placed pri-
vate school children with disabilities identified
through the child find process can meaningfully
participate in special education and related serv-
ices;
‘‘(IV) how, where, and by whom special edu-
cation and related services will be provided for
parentally placed private school children with
disabilities, including a discussion of types of serv-
ices, including direct services and alternate service
delivery mechanisms, how such services will be
apportioned if funds are insufficient to serve all
children, and how and when these decisions will
be made; and
‘‘(V) how, if the local educational agency dis-
agrees with the views of the private school officials
on the provision of services or the types of services,
whether provided directly or through a contract,
the local educational agency shall provide to the
private school officials a written explanation of
the reasons why the local educational agency chose
not to provide services directly or through a con-
tract.
‘‘(iv) WRITTEN
AFFIRMATION.—When timely and
meaningful consultation as required by clause (iii) has
occurred, the local educational agency shall obtain a
written affirmation signed by the representatives of
participating private schools, and if such representa-
tives do not provide such affirmation within a reason-
able period of time, the local educational agency shall
H. R. 1350—35
forward the documentation of the consultation process
to the State educational agency.
‘‘(v) COMPLIANCE.—
‘‘(I) IN
GENERAL.—A private school official
shall have the right to submit a complaint to the
State educational agency that the local educational
agency did not engage in consultation that was
meaningful and timely, or did not give due consid-
eration to the views of the private school official.
‘‘(II) PROCEDURE.—If the private school official
wishes to submit a complaint, the official shall
provide the basis of the noncompliance with this
subparagraph by the local educational agency to
the State educational agency, and the local edu-
cational agency shall forward the appropriate docu-
mentation to the State educational agency. If the
private school official is dissatisfied with the deci-
sion of the State educational agency, such official
may submit a complaint to the Secretary by pro-
viding the basis of the noncompliance with this
subparagraph by the local educational agency to
the Secretary, and the State educational agency
shall forward the appropriate documentation to
the Secretary.
‘‘(vi) PROVISION OF EQUITABLE SERVICES.—
‘‘(I) DIRECTLY OR THROUGH CONTRACTS.—The
provision of services pursuant to this subpara-
graph shall be provided—
‘‘(aa) by employees of a public agency; or
‘‘(bb) through contract by the public
agency with an individual, association, agency,
organization, or other entity.
‘‘(II) SECULAR, NEUTRAL, NONIDEOLOGICAL.—
Special education and related services provided
to parentally placed private school children with
disabilities, including materials and equipment,
shall be secular, neutral, and nonideological.
‘‘(vii) PUBLIC CONTROL OF FUNDS.—The control of
funds used to provide special education and related
services under this subparagraph, and title to mate-
rials, equipment, and property purchased with those
funds, shall be in a public agency for the uses and
purposes provided in this title, and a public agency
shall administer the funds and property.
‘‘(B) CHILDREN PLACED IN, OR REFERRED TO, PRIVATE
SCHOOLS BY PUBLIC AGENCIES.—
‘‘(i) IN GENERAL.—Children with disabilities in pri-
vate schools and facilities are provided special edu-
cation and related services, in accordance with an
individualized education program, at no cost to their
parents, if such children are placed in, or referred
to, such schools or facilities by the State or appropriate
local educational agency as the means of carrying out
the requirements of this part or any other applicable
law requiring the provision of special education and
related services to all children with disabilities within
such State.
H. R. 1350—36
‘‘(ii) STANDARDS.—In all cases described in clause
(i), the State educational agency shall determine
whether such schools and facilities meet standards
that apply to State educational agencies and local edu-
cational agencies and that children so served have
all the rights the children would have if served by
such agencies.
‘‘(C) PAYMENT FOR EDUCATION OF CHILDREN ENROLLED
IN PRIVATE SCHOOLS WITHOUT CONSENT OF OR REFERRAL
BY THE PUBLIC AGENCY.—
‘‘(i) IN GENERAL.—Subject to subparagraph (A), this
part does not require a local educational agency to
pay for the cost of education, including special edu-
cation and related services, of a child with a disability
at a private school or facility if that agency made
a free appropriate public education available to the
child and the parents elected to place the child in
such private school or facility.
‘‘(ii) REIMBURSEMENT FOR PRIVATE SCHOOL PLACE-
MENT.—If the parents of a child with a disability, who
previously received special education and related serv-
ices under the authority of a public agency, enroll
the child in a private elementary school or secondary
school without the consent of or referral by the public
agency, a court or a hearing officer may require the
agency to reimburse the parents for the cost of that
enrollment if the court or hearing officer finds that
the agency had not made a free appropriate public
education available to the child in a timely manner
prior to that enrollment.
‘‘(iii) LIMITATION ON REIMBURSEMENT.—The cost of
reimbursement described in clause (ii) may be reduced
or denied—
‘‘(I) if—
‘‘(aa) at the most recent IEP meeting that
the parents attended prior to removal of the
child from the public school, the parents did
not inform the IEP Team that they were
rejecting the placement proposed by the public
agency to provide a free appropriate public
education to their child, including stating their
concerns and their intent to enroll their child
in a private school at public expense; or
‘‘(bb) 10 business days (including any holi-
days that occur on a business day) prior to
the removal of the child from the public school,
the parents did not give written notice to the
public agency of the information described in
item (aa);
‘‘(II) if, prior to the parents’ removal of the
child from the public school, the public agency
informed the parents, through the notice require-
ments described in section 615(b)(3), of its intent
to evaluate the child (including a statement of
the purpose of the evaluation that was appropriate
and reasonable), but the parents did not make
the child available for such evaluation; or
H. R. 1350—37
‘‘(III) 
upon 
a 
judicial 
finding 
of
unreasonableness with respect to actions taken by
the parents.
‘‘(iv) 
EXCEPTION.—Notwithstanding 
the 
notice
requirement 
in 
clause 
(iii)(I), 
the 
cost 
of
reimbursement—
‘‘(I) shall not be reduced or denied for failure
to provide such notice if—
‘‘(aa) the school prevented the parent from
providing such notice;
‘‘(bb) the parents had not received notice,
pursuant to section 615, of the notice require-
ment in clause (iii)(I); or
‘‘(cc) compliance with clause (iii)(I) would
likely result in physical harm to the child;
and
‘‘(II) may, in the discretion of a court or a
hearing officer, not be reduced or denied for failure
to provide such notice if—
‘‘(aa) the parent is illiterate or cannot
write in English; or
‘‘(bb) compliance with clause (iii)(I) would
likely result in serious emotional harm to the
child.
‘‘(11) STATE EDUCATIONAL AGENCY RESPONSIBLE FOR GEN-
ERAL SUPERVISION.—
‘‘(A) IN
GENERAL.—The State educational agency is
responsible for ensuring that—
‘‘(i) the requirements of this part are met;
‘‘(ii) all educational programs for children with
disabilities in the State, including all such programs
administered by any other State agency or local
agency—
‘‘(I) are under the general supervision of
individuals in the State who are responsible for
educational programs for children with disabilities;
and
‘‘(II) meet the educational standards of the
State educational agency; and
‘‘(iii) in carrying out this part with respect to home-
less children, the requirements of subtitle B of title
VII of the McKinney-Vento Homeless Assistance Act
(42 U.S.C. 11431 et seq.) are met.
‘‘(B) LIMITATION.—Subparagraph (A) shall not limit the
responsibility of agencies in the State other than the State
educational agency to provide, or pay for some or all of
the costs of, a free appropriate public education for any
child with a disability in the State.
‘‘(C) EXCEPTION.—Notwithstanding subparagraphs (A)
and (B), the Governor (or another individual pursuant to
State law), consistent with State law, may assign to any
public agency in the State the responsibility of ensuring
that the requirements of this part are met with respect
to children with disabilities who are convicted as adults
under State law and incarcerated in adult prisons.
‘‘(12) OBLIGATIONS RELATED TO AND METHODS OF ENSURING
SERVICES.—
H. R. 1350—38
‘‘(A) ESTABLISHING RESPONSIBILITY FOR SERVICES.—The
Chief Executive Officer of a State or designee of the officer
shall ensure that an interagency agreement or other mecha-
nism for interagency coordination is in effect between each
public agency described in subparagraph (B) and the State
educational agency, in order to ensure that all services
described in subparagraph (B)(i) that are needed to ensure
a free appropriate public education are provided, including
the provision of such services during the pendency of any
dispute under clause (iii). Such agreement or mechanism
shall include the following:
‘‘(i) AGENCY FINANCIAL RESPONSIBILITY.—An identi-
fication of, or a method for defining, the financial
responsibility of each agency for providing services
described in subparagraph (B)(i) to ensure a free appro-
priate public education to children with disabilities,
provided that the financial responsibility of each public
agency described in subparagraph (B), including the
State medicaid agency and other public insurers of
children with disabilities, shall precede the financial
responsibility of the local educational agency (or the
State agency responsible for developing the child’s
IEP).
‘‘(ii) CONDITIONS AND TERMS OF REIMBURSEMENT.—
The conditions, terms, and procedures under which
a local educational agency shall be reimbursed by other
agencies.
‘‘(iii) 
INTERAGENCY
DISPUTES.—Procedures 
for
resolving interagency disputes (including procedures
under which local educational agencies may initiate
proceedings) under the agreement or other mechanism
to secure reimbursement from other agencies or other-
wise implement the provisions of the agreement or
mechanism.
‘‘(iv) COORDINATION
OF
SERVICES
PROCEDURES.—
Policies and procedures for agencies to determine and
identify the interagency coordination responsibilities
of each agency to promote the coordination and timely
and appropriate delivery of services described in
subparagraph (B)(i).
‘‘(B) OBLIGATION OF PUBLIC AGENCY.—
‘‘(i) IN GENERAL.—If any public agency other than
an educational agency is otherwise obligated under
Federal or State law, or assigned responsibility under
State policy pursuant to subparagraph (A), to provide
or pay for any services that are also considered special
education or related services (such as, but not limited
to, services described in section 602(1) relating to
assistive technology devices, 602(2) relating to assistive
technology services, 602(26) relating to related services,
602(33) relating to supplementary aids and services,
and 602(34) relating to transition services) that are
necessary for ensuring a free appropriate public edu-
cation to children with disabilities within the State,
such public agency shall fulfill that obligation or
responsibility, either directly or through contract or
H. R. 1350—39
other arrangement pursuant to subparagraph (A) or
an agreement pursuant to subparagraph (C).
‘‘(ii) REIMBURSEMENT
FOR
SERVICES
BY
PUBLIC
AGENCY.—If a public agency other than an educational
agency fails to provide or pay for the special education
and related services described in clause (i), the local
educational agency (or State agency responsible for
developing the child’s IEP) shall provide or pay for
such services to the child. Such local educational
agency or State agency is authorized to claim
reimbursement for the services from the public agency
that failed to provide or pay for such services and
such public agency shall reimburse the local edu-
cational agency or State agency pursuant to the terms
of the interagency agreement or other mechanism
described in subparagraph (A)(i) according to the proce-
dures established in such agreement pursuant to
subparagraph (A)(ii).
‘‘(C) SPECIAL
RULE.—The requirements of subpara-
graph (A) may be met through—
‘‘(i) State statute or regulation;
‘‘(ii) signed agreements between respective agency
officials that clearly identify the responsibilities of each
agency relating to the provision of services; or
‘‘(iii) other appropriate written methods as deter-
mined by the Chief Executive Officer of the State or
designee of the officer and approved by the Secretary.
‘‘(13) PROCEDURAL REQUIREMENTS RELATING TO LOCAL EDU-
CATIONAL AGENCY ELIGIBILITY.—The State educational agency
will not make a final determination that a local educational
agency is not eligible for assistance under this part without
first affording that agency reasonable notice and an opportunity
for a hearing.
‘‘(14) PERSONNEL QUALIFICATIONS.—
‘‘(A) IN GENERAL.—The State educational agency has
established and maintains qualifications to ensure that
personnel necessary to carry out this part are appropriately
and adequately prepared and trained, including that those
personnel have the content knowledge and skills to serve
children with disabilities.
‘‘(B) RELATED SERVICES PERSONNEL AND PARAPROFES-
SIONALS.—The qualifications under subparagraph (A)
include qualifications for related services personnel and
paraprofessionals that—
‘‘(i) are consistent with any State-approved or
State-recognized certification, licensing, registration, or
other comparable requirements that apply to the
professional discipline in which those personnel are
providing special education or related services;
‘‘(ii) ensure that related services personnel who
deliver services in their discipline or profession meet
the requirements of clause (i) and have not had certifi-
cation or licensure requirements waived on an emer-
gency, temporary, or provisional basis; and
‘‘(iii) allow paraprofessionals and assistants who
are appropriately trained and supervised, in accord-
ance with State law, regulation, or written policy, in
H. R. 1350—40
meeting the requirements of this part to be used to
assist in the provision of special education and related
services under this part to children with disabilities.
‘‘(C) 
QUALIFICATIONS
FOR
SPECIAL
EDUCATION
TEACHERS.—The qualifications described in subparagraph
(A) shall ensure that each person employed as a special
education teacher in the State who teaches elementary
school, middle school, or secondary school is highly qualified
by the deadline established in section 1119(a)(2) of the
Elementary and Secondary Education Act of 1965.
‘‘(D) POLICY.—In implementing this section, a State
shall adopt a policy that includes a requirement that local
educational agencies in the State take measurable steps
to recruit, hire, train, and retain highly qualified personnel
to provide special education and related services under
this part to children with disabilities.
‘‘(E) RULE
OF
CONSTRUCTION.—Notwithstanding any
other individual right of action that a parent or student
may maintain under this part, nothing in this paragraph
shall be construed to create a right of action on behalf
of an individual student for the failure of a particular
State educational agency or local educational agency staff
person to be highly qualified, or to prevent a parent from
filing a complaint about staff qualifications with the State
educational agency as provided for under this part.
‘‘(15) PERFORMANCE GOALS AND INDICATORS.—The State—
‘‘(A) has established goals for the performance of chil-
dren with disabilities in the State that—
‘‘(i) promote the purposes of this title, as stated
in section 601(d);
‘‘(ii) are the same as the State’s definition of ade-
quate yearly progress, including the State’s objectives
for progress by children with disabilities, under section
1111(b)(2)(C) of the Elementary and Secondary Edu-
cation Act of 1965;
‘‘(iii) address graduation rates and dropout rates,
as well as such other factors as the State may deter-
mine; and
‘‘(iv) are consistent, to the extent appropriate, with
any other goals and standards for children established
by the State;
‘‘(B) has established performance indicators the State
will use to assess progress toward achieving the goals
described in subparagraph (A), including measurable
annual objectives for progress by children with disabilities
under section 1111(b)(2)(C)(v)(II)(cc) of the Elementary and
Secondary Education Act of 1965; and
‘‘(C) will annually report to the Secretary and the
public on the progress of the State, and of children with
disabilities in the State, toward meeting the goals estab-
lished under subparagraph (A), which may include ele-
ments of the reports required under section 1111(h) of
the Elementary and Secondary Education Act of 1965.
‘‘(16) PARTICIPATION IN ASSESSMENTS.—
‘‘(A) IN GENERAL.—All children with disabilities are
included in all general State and districtwide assessment
programs, including assessments described under section
H. R. 1350—41
1111 of the Elementary and Secondary Education Act of
1965, with appropriate accommodations and alternate
assessments where necessary and as indicated in their
respective individualized education programs.
‘‘(B) ACCOMMODATION GUIDELINES.—The State (or, in
the case of a districtwide assessment, the local educational
agency) has developed guidelines for the provision of appro-
priate accommodations.
‘‘(C) ALTERNATE ASSESSMENTS.—
‘‘(i) IN GENERAL.—The State (or, in the case of
a districtwide assessment, the local educational agency)
has developed and implemented guidelines for the
participation of children with disabilities in alternate
assessments for those children who cannot participate
in regular assessments under subparagraph (A) with
accommodations as indicated in their respective
individualized education programs.
‘‘(ii) 
REQUIREMENTS
FOR
ALTERNATE
ASSESS-
MENTS.—The guidelines under clause (i) shall provide
for alternate assessments that—
‘‘(I) are aligned with the State’s challenging
academic content standards and challenging stu-
dent academic achievement standards; and
‘‘(II) if the State has adopted alternate aca-
demic achievement standards permitted under the
regulations promulgated to carry out section
1111(b)(1) of the Elementary and Secondary Edu-
cation Act of 1965, measure the achievement of
children with disabilities against those standards.
‘‘(iii) CONDUCT OF ALTERNATE ASSESSMENTS.—The
State conducts the alternate assessments described in
this subparagraph.
‘‘(D) REPORTS.—The State educational agency (or, in
the case of a districtwide assessment, the local educational
agency) makes available to the public, and reports to the
public with the same frequency and in the same detail
as it reports on the assessment of nondisabled children,
the following:
‘‘(i) The number of children with disabilities
participating in regular assessments, and the number
of those children who were provided accommodations
in order to participate in those assessments.
‘‘(ii) The number of children with disabilities
participating in alternate assessments described in
subparagraph (C)(ii)(I).
‘‘(iii) The number of children with disabilities
participating in alternate assessments described in
subparagraph (C)(ii)(II).
‘‘(iv) The performance of children with disabilities
on regular assessments and on alternate assessments
(if the number of children with disabilities partici-
pating in those assessments is sufficient to yield statis-
tically reliable information and reporting that informa-
tion will not reveal personally identifiable information
about an individual student), compared with the
achievement of all children, including children with
disabilities, on those assessments.
H. R. 1350—42
‘‘(E) UNIVERSAL DESIGN.—The State educational agency
(or, in the case of a districtwide assessment, the local
educational agency) shall, to the extent feasible, use uni-
versal design principles in developing and administering
any assessments under this paragraph.
‘‘(17) SUPPLEMENTATION OF STATE, LOCAL, AND OTHER FED-
ERAL FUNDS.—
‘‘(A) EXPENDITURES.—Funds paid to a State under this
part will be expended in accordance with all the provisions
of this part.
‘‘(B) PROHIBITION AGAINST COMMINGLING.—Funds paid
to a State under this part will not be commingled with
State funds.
‘‘(C) PROHIBITION AGAINST SUPPLANTATION AND CONDI-
TIONS FOR WAIVER BY SECRETARY.—Except as provided in
section 613, funds paid to a State under this part will
be used to supplement the level of Federal, State, and
local funds (including funds that are not under the direct
control of State or local educational agencies) expended
for special education and related services provided to chil-
dren with disabilities under this part and in no case to
supplant such Federal, State, and local funds, except that,
where the State provides clear and convincing evidence
that all children with disabilities have available to them
a free appropriate public education, the Secretary may
waive, in whole or in part, the requirements of this
subparagraph if the Secretary concurs with the evidence
provided by the State.
‘‘(18) MAINTENANCE OF STATE FINANCIAL SUPPORT.—
‘‘(A) IN
GENERAL.—The State does not reduce the
amount of State financial support for special education
and related services for children with disabilities, or other-
wise made available because of the excess costs of educating
those children, below the amount of that support for the
preceding fiscal year.
‘‘(B) REDUCTION OF FUNDS FOR FAILURE TO MAINTAIN
SUPPORT.—The Secretary shall reduce the allocation of
funds under section 611 for any fiscal year following the
fiscal year in which the State fails to comply with the
requirement of subparagraph (A) by the same amount by
which the State fails to meet the requirement.
‘‘(C) WAIVERS FOR EXCEPTIONAL OR UNCONTROLLABLE
CIRCUMSTANCES.—The Secretary may waive the require-
ment of subparagraph (A) for a State, for 1 fiscal year
at a time, if the Secretary determines that—
‘‘(i) granting a waiver would be equitable due to
exceptional or uncontrollable circumstances such as
a natural disaster or a precipitous and unforeseen
decline in the financial resources of the State; or
‘‘(ii) the State meets the standard in paragraph
(17)(C) for a waiver of the requirement to supplement,
and not to supplant, funds received under this part.
‘‘(D) SUBSEQUENT
YEARS.—If, for any year, a State
fails to meet the requirement of subparagraph (A),
including any year for which the State is granted a waiver
under subparagraph (C), the financial support required
of the State in future years under subparagraph (A) shall
H. R. 1350—43
be the amount that would have been required in the
absence of that failure and not the reduced level of the
State’s support.
‘‘(19) PUBLIC PARTICIPATION.—Prior to the adoption of any
policies and procedures needed to comply with this section
(including any amendments to such policies and procedures),
the State ensures that there are public hearings, adequate
notice of the hearings, and an opportunity for comment avail-
able to the general public, including individuals with disabilities
and parents of children with disabilities.
‘‘(20) RULE OF CONSTRUCTION.—In complying with para-
graphs (17) and (18), a State may not use funds paid to it
under this part to satisfy State-law mandated funding obliga-
tions to local educational agencies, including funding based
on student attendance or enrollment, or inflation.
‘‘(21) STATE ADVISORY PANEL.—
‘‘(A) IN GENERAL.—The State has established and main-
tains an advisory panel for the purpose of providing policy
guidance with respect to special education and related serv-
ices for children with disabilities in the State.
‘‘(B) MEMBERSHIP.—Such advisory panel shall consist
of members appointed by the Governor, or any other official
authorized under State law to make such appointments,
be representative of the State population, and be composed
of individuals involved in, or concerned with, the education
of children with disabilities, including—
‘‘(i) parents of children with disabilities (ages birth
through 26);
‘‘(ii) individuals with disabilities;
‘‘(iii) teachers;
‘‘(iv) representatives of institutions of higher edu-
cation that prepare special education and related serv-
ices personnel;
‘‘(v) State and local education officials, including
officials who carry out activities under subtitle B of
title VII of the McKinney-Vento Homeless Assistance
Act (42 U.S.C. 11431 et seq.);
‘‘(vi) administrators of programs for children with
disabilities;
‘‘(vii) representatives of other State agencies
involved in the financing or delivery of related services
to children with disabilities;
‘‘(viii) representatives of private schools and public
charter schools;
‘‘(ix) not less than 1 representative of a vocational,
community, or business organization concerned with
the provision of transition services to children with
disabilities;
‘‘(x) a representative from the State child welfare
agency responsible for foster care; and
‘‘(xi) representatives from the State juvenile and
adult corrections agencies.
‘‘(C) SPECIAL
RULE.—A majority of the members of
the panel shall be individuals with disabilities or parents
of children with disabilities (ages birth through 26).
‘‘(D) DUTIES.—The advisory panel shall—
H. R. 1350—44
‘‘(i) advise the State educational agency of unmet
needs within the State in the education of children
with disabilities;
‘‘(ii) comment publicly on any rules or regulations
proposed by the State regarding the education of chil-
dren with disabilities;
‘‘(iii) advise the State educational agency in devel-
oping evaluations and reporting on data to the Sec-
retary under section 618;
‘‘(iv) advise the State educational agency in devel-
oping corrective action plans to address findings identi-
fied in Federal monitoring reports under this part;
and
‘‘(v) advise the State educational agency in devel-
oping and implementing policies relating to the
coordination of services for children with disabilities.
‘‘(22) SUSPENSION AND EXPULSION RATES.—
‘‘(A) IN GENERAL.—The State educational agency exam-
ines data, including data disaggregated by race and eth-
nicity, to determine if significant discrepancies are occur-
ring in the rate of long-term suspensions and expulsions
of children with disabilities—
‘‘(i) among local educational agencies in the State;
or
‘‘(ii) compared to such rates for nondisabled chil-
dren within such agencies.
‘‘(B) REVIEW
AND
REVISION
OF
POLICIES.—If such
discrepancies are occurring, the State educational agency
reviews and, if appropriate, revises (or requires the affected
State or local educational agency to revise) its policies,
procedures, and practices relating to the development and
implementation of IEPs, the use of positive behavioral
interventions and supports, and procedural safeguards, to
ensure that such policies, procedures, and practices comply
with this title.
‘‘(23) ACCESS TO INSTRUCTIONAL MATERIALS.—
‘‘(A) IN
GENERAL.—The State adopts the National
Instructional Materials Accessibility Standard for the pur-
poses of providing instructional materials to blind persons
or other persons with print disabilities, in a timely manner
after the publication of the National Instructional Materials
Accessibility Standard in the Federal Register.
‘‘(B) RIGHTS OF STATE EDUCATIONAL AGENCY.—Nothing
in this paragraph shall be construed to require any State
educational agency to coordinate with the National Instruc-
tional Materials Access Center. If a State educational
agency chooses not to coordinate with the National Instruc-
tional Materials Access Center, such agency shall provide
an assurance to the Secretary that the agency will provide
instructional materials to blind persons or other persons
with print disabilities in a timely manner.
‘‘(C) PREPARATION AND DELIVERY OF FILES.—If a State
educational agency chooses to coordinate with the National
Instructional Materials Access Center, not later than 2
years after the date of enactment of the Individuals with
Disabilities Education Improvement Act of 2004, the
H. R. 1350—45
agency, as part of any print instructional materials adop-
tion process, procurement contract, or other practice or
instrument used for purchase of print instructional mate-
rials, shall enter into a written contract with the publisher
of the print instructional materials to—
‘‘(i) require the publisher to prepare and, on or
before delivery of the print instructional materials,
provide to the National Instructional Materials Access
Center electronic files containing the contents of the
print instructional materials using the National
Instructional Materials Accessibility Standard; or
‘‘(ii) purchase instructional materials from the pub-
lisher that are produced in, or may be rendered in,
specialized formats.
‘‘(D) ASSISTIVE
TECHNOLOGY.—In carrying out this
paragraph, the State educational agency, to the maximum
extent possible, shall work collaboratively with the State
agency responsible for assistive technology programs.
‘‘(E) DEFINITIONS.—In this paragraph:
‘‘(i) NATIONAL INSTRUCTIONAL MATERIALS ACCESS
CENTER.—The term ‘National Instructional Materials
Access Center’ means the center established pursuant
to section 674(e).
‘‘(ii) NATIONAL INSTRUCTIONAL MATERIALS ACCESSI-
BILITY
STANDARD.—The term ‘National Instructional
Materials Accessibility Standard’ has the meaning
given the term in section 674(e)(3)(A).
‘‘(iii) SPECIALIZED FORMATS.—The term ‘specialized
formats’ has the meaning given the term in section
674(e)(3)(D).
‘‘(24) OVERIDENTIFICATION AND DISPROPORTIONALITY.—The
State has in effect, consistent with the purposes of this title
and with section 618(d), policies and procedures designed to
prevent the inappropriate overidentification or disproportionate
representation by race and ethnicity of children as children
with disabilities, including children with disabilities with a
particular impairment described in section 602.
‘‘(25) PROHIBITION ON MANDATORY MEDICATION.—
‘‘(A) IN GENERAL.—The State educational agency shall
prohibit State and local educational agency personnel from
requiring a child to obtain a prescription for a substance
covered by the Controlled Substances Act (21 U.S.C. 801
et seq.) as a condition of attending school, receiving an
evaluation under subsection (a) or (c) of section 614, or
receiving services under this title.
‘‘(B) RULE
OF
CONSTRUCTION.—Nothing in subpara-
graph (A) shall be construed to create a Federal prohibition
against teachers and other school personnel consulting or
sharing classroom-based observations with parents or
guardians regarding a student’s academic and functional
performance, or behavior in the classroom or school, or
regarding the need for evaluation for special education
or related services under paragraph (3).
H. R. 1350—46
‘‘(b) STATE EDUCATIONAL AGENCY AS PROVIDER OF FREE APPRO-
PRIATE PUBLIC EDUCATION OR DIRECT SERVICES.—If the State edu-
cational agency provides free appropriate public education to chil-
dren with disabilities, or provides direct services to such children,
such agency—
‘‘(1) shall comply with any additional requirements of sec-
tion 613(a), as if such agency were a local educational agency;
and
‘‘(2) may use amounts that are otherwise available to such
agency under this part to serve those children without regard
to section 613(a)(2)(A)(i) (relating to excess costs).
‘‘(c) EXCEPTION FOR PRIOR STATE PLANS.—
‘‘(1) IN GENERAL.—If a State has on file with the Secretary
policies and procedures that demonstrate that such State meets
any requirement of subsection (a), including any policies and
procedures filed under this part as in effect before the effective
date of the Individuals with Disabilities Education Improve-
ment Act of 2004, the Secretary shall consider such State
to have met such requirement for purposes of receiving a grant
under this part.
‘‘(2) MODIFICATIONS MADE BY STATE.—Subject to paragraph
(3), 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 to an
application to the same extent and in the same manner as
this section applies to the original plan.
‘‘(3) MODIFICATIONS REQUIRED BY THE SECRETARY.—If, after
the effective date of the Individuals with Disabilities Education
Improvement Act of 2004, the provisions of this title are
amended (or the regulations developed to carry out this title
are amended), there is a new interpretation of this title by
a Federal court or a State’s highest court, or there is an
official finding of noncompliance with Federal law or regula-
tions, then the Secretary may require a State to modify its
application only to the extent necessary to ensure the State’s
compliance with this part.
‘‘(d) APPROVAL BY THE SECRETARY.—
‘‘(1) IN GENERAL.—If the Secretary determines that a State
is eligible to receive a grant under this part, the Secretary
shall notify the State of that determination.
‘‘(2) NOTICE AND HEARING.—The Secretary shall not make
a final determination that a State is not eligible to receive
a grant under this part until after providing the State—
‘‘(A) with reasonable notice; and
‘‘(B) with an opportunity for a hearing.
‘‘(e) ASSISTANCE UNDER OTHER FEDERAL PROGRAMS.—Nothing
in this title permits a State to reduce medical and other assistance
available, or to alter eligibility, under titles V and XIX of the
Social Security Act with respect to the provision of a free appro-
priate public education for children with disabilities in the State.
‘‘(f) BY-PASS FOR CHILDREN IN PRIVATE SCHOOLS.—
‘‘(1) IN GENERAL.—If, on the date of enactment of the Edu-
cation of the Handicapped Act Amendments of 1983, a State
educational agency was prohibited by law from providing for
the equitable participation in special programs of children with
H. R. 1350—47
disabilities enrolled in private elementary schools and sec-
ondary schools as required by subsection (a)(10)(A), or if the
Secretary determines that a State educational agency, local
educational agency, or other entity has substantially failed
or is unwilling to provide for such equitable participation, then
the Secretary shall, notwithstanding such provision of law,
arrange for the provision of services to such children through
arrangements that shall be subject to the requirements of such
subsection.
‘‘(2) PAYMENTS.—
‘‘(A) DETERMINATION OF AMOUNTS.—If the Secretary
arranges for services pursuant to this subsection, the Sec-
retary, after consultation with the appropriate public and
private school officials, shall pay to the provider of such
services for a fiscal year an amount per child that does
not exceed the amount determined by dividing—
‘‘(i) the total amount received by the State under
this part for such fiscal year; by
‘‘(ii) the number of children with disabilities served
in the prior year, as reported to the Secretary by
the State under section 618.
‘‘(B) WITHHOLDING
OF
CERTAIN
AMOUNTS.—Pending
final resolution of any investigation or complaint that may
result in a determination under this subsection, the Sec-
retary may withhold from the allocation of the affected
State educational agency the amount the Secretary esti-
mates will be necessary to pay the cost of services described
in subparagraph (A).
‘‘(C) PERIOD OF PAYMENTS.—The period under which
payments are made under subparagraph (A) shall continue
until the Secretary determines that there will no longer
be any failure or inability on the part of the State edu-
cational agency to meet the requirements of subsection
(a)(10)(A).
‘‘(3) NOTICE AND HEARING.—
‘‘(A) IN GENERAL.—The Secretary shall not take any
final action under this subsection until the State edu-
cational agency affected by such action has had an oppor-
tunity, for not less than 45 days after receiving written
notice thereof, to submit written objections and to appear
before the Secretary or the Secretary’s designee to show
cause why such action should not be taken.
‘‘(B) REVIEW OF ACTION.—If a State educational agency
is dissatisfied with the Secretary’s final action after a pro-
ceeding under subparagraph (A), such agency may, not
later than 60 days after notice of such action, file with
the United States court of appeals for the circuit in which
such State is located a petition for review of that action.
A copy of the petition shall be forthwith transmitted by
the clerk of the court to the Secretary. The Secretary there-
upon shall file in the court the record of the proceedings
on which the Secretary based the Secretary’s action, as
provided in section 2112 of title 28, United States Code.
‘‘(C) REVIEW OF FINDINGS OF FACT.—The findings of
fact by the Secretary, if supported by substantial evidence,
shall be conclusive, but the court, for good cause shown,
may remand the case to the Secretary to take further
H. R. 1350—48
evidence, and the Secretary may thereupon make new or
modified findings of fact and may modify the Secretary’s
previous action, and shall file in the court the record of
the further proceedings. Such new or modified findings
of fact shall likewise be conclusive if supported by substan-
tial evidence.
‘‘(D) JURISDICTION OF COURT OF APPEALS; REVIEW BY
UNITED STATES SUPREME COURT.—Upon the filing of a peti-
tion under subparagraph (B), the United States court of
appeals shall have jurisdiction to affirm the action of the
Secretary or to set it aside, in whole or in part. The judg-
ment of the court shall be subject to review by the Supreme
Court of the United States upon certiorari or certification
as provided in section 1254 of title 28, United States Code.
‘‘SEC. 613. LOCAL EDUCATIONAL AGENCY ELIGIBILITY.
‘‘(a) IN GENERAL.—A local educational agency is eligible for
assistance under this part for a fiscal year if such agency submits
a plan that provides assurances to the State educational agency
that the local educational agency meets each of the following condi-
tions:
‘‘(1) CONSISTENCY WITH STATE POLICIES.—The local edu-
cational agency, in providing for the education of children with
disabilities within its jurisdiction, has in effect policies, proce-
dures, and programs that are consistent with the State policies
and procedures established under section 612.
‘‘(2) USE OF AMOUNTS.—
‘‘(A) IN GENERAL.—Amounts provided to the local edu-
cational agency under this part shall be expended in accord-
ance with the applicable provisions of this part and—
‘‘(i) shall be used only to pay the excess costs
of providing special education and related services to
children with disabilities;
‘‘(ii) shall be used to supplement State, local, and
other Federal funds and not to supplant such funds;
and
‘‘(iii) shall not be used, except as provided in sub-
paragraphs (B) and (C), to reduce the level of expendi-
tures for the education of children with disabilities
made by the local educational agency from local funds
below the level of those expenditures for the preceding
fiscal year.
‘‘(B) EXCEPTION.—Notwithstanding the restriction in
subparagraph (A)(iii), a local educational agency may
reduce the level of expenditures where such reduction is
attributable to—
‘‘(i) the voluntary departure, by retirement or
otherwise, or departure for just cause, of special edu-
cation personnel;
‘‘(ii) a decrease in the enrollment of children with
disabilities;
‘‘(iii) the termination of the obligation of the
agency, consistent with this part, to provide a program
of special education to a particular child with a dis-
ability that is an exceptionally costly program, as deter-
mined by the State educational agency, because the
child—
H. R. 1350—49
‘‘(I) has left the jurisdiction of the agency;
‘‘(II) has reached the age at which the obliga-
tion of the agency to provide a free appropriate
public education to the child has terminated; or
‘‘(III) no longer needs such program of special
education; or
‘‘(iv) the termination of costly expenditures for
long-term purchases, such as the acquisition of equip-
ment or the construction of school facilities.
‘‘(C) ADJUSTMENT TO LOCAL FISCAL EFFORT IN CERTAIN
FISCAL YEARS.—
‘‘(i) AMOUNTS IN EXCESS.—Notwithstanding clauses
(ii) and (iii) of subparagraph (A), for any fiscal year
for which the allocation received by a local educational
agency under section 611(f) exceeds the amount the
local educational agency received for the previous fiscal
year, the local educational agency may reduce the level
of expenditures otherwise required by subparagraph
(A)(iii) by not more than 50 percent of the amount
of such excess.
‘‘(ii) USE OF AMOUNTS TO CARRY OUT ACTIVITIES
UNDER ESEA.—If a local educational agency exercises
the authority under clause (i), the agency shall use
an amount of local funds equal to the reduction in
expenditures under clause (i) to carry out activities
authorized under the Elementary and Secondary Edu-
cation Act of 1965.
‘‘(iii) STATE PROHIBITION.—Notwithstanding clause
(i), if a State educational agency determines that a
local educational agency is unable to establish and
maintain programs of free appropriate public education
that meet the requirements of subsection (a) or the
State educational agency has taken action against the
local educational agency under section 616, the State
educational agency shall prohibit the local educational
agency from reducing the level of expenditures under
clause (i) for that fiscal year.
‘‘(iv) 
SPECIAL
RULE.—The 
amount 
of 
funds
expended by a local educational agency under sub-
section (f) shall count toward the maximum amount
of expenditures such local educational agency may
reduce under clause (i).
‘‘(D) SCHOOLWIDE PROGRAMS UNDER TITLE I OF THE
ESEA.—Notwithstanding subparagraph (A) or any other
provision of this part, a local educational agency may use
funds received under this part for any fiscal year to carry
out a schoolwide program under section 1114 of the
Elementary and Secondary Education Act of 1965, except
that the amount so used in any such program shall not
exceed—
‘‘(i) the number of children with disabilities partici-
pating in the schoolwide program; multiplied by
‘‘(ii)(I) the amount received by the local educational
agency under this part for that fiscal year; divided
by
‘‘(II) the number of children with disabilities in
the jurisdiction of that agency.
H. R. 1350—50
‘‘(3) PERSONNEL
DEVELOPMENT.—The local educational
agency shall ensure that all personnel necessary to carry out
this part are appropriately and adequately prepared, subject
to the requirements of section 612(a)(14) and section 2122 of
the Elementary and Secondary Education Act of 1965.
‘‘(4) PERMISSIVE USE OF FUNDS.—
‘‘(A) USES.—Notwithstanding paragraph (2)(A) or sec-
tion 612(a)(17)(B) (relating to commingled funds), funds
provided to the local educational agency under this part
may be used for the following activities:
‘‘(i) SERVICES AND AIDS THAT ALSO BENEFIT NON-
DISABLED CHILDREN.—For the costs of special education
and related services, and supplementary aids and serv-
ices, provided in a regular class or other education-
related setting to a child with a disability in accordance
with the individualized education program of the child,
even if 1 or more nondisabled children benefit from
such services.
‘‘(ii) EARLY
INTERVENING
SERVICES.—To develop
and implement coordinated, early intervening edu-
cational services in accordance with subsection (f).
‘‘(iii) HIGH COST EDUCATION AND RELATED SERV-
ICES.—To establish and implement cost or risk sharing
funds, consortia, or cooperatives for the local edu-
cational agency itself, or for local educational agencies
working in a consortium of which the local educational
agency is a part, to pay for high cost special education
and related services.
‘‘(B) ADMINISTRATIVE CASE MANAGEMENT.—A local edu-
cational agency may use funds received under this part
to purchase appropriate technology for recordkeeping, data
collection, and related case management activities of
teachers and related services personnel providing services
described in the individualized education program of chil-
dren with disabilities, that is needed for the implementa-
tion of such case management activities.
‘‘(5) TREATMENT
OF
CHARTER
SCHOOLS
AND
THEIR
STU-
DENTS.—In carrying out this part with respect to charter schools
that are public schools of the local educational agency, the
local educational agency—
‘‘(A) serves children with disabilities attending those
charter schools in the same manner as the local educational
agency serves children with disabilities in its other schools,
including providing supplementary and related services on
site at the charter school to the same extent to which
the local educational agency has a policy or practice of
providing such services on the site to its other public
schools; and
‘‘(B) provides funds under this part to those charter
schools—
‘‘(i) on the same basis as the local educational
agency provides funds to the local educational agency’s
other public schools, including proportional distribution
based on relative enrollment of children with disabil-
ities; and
H. R. 1350—51
‘‘(ii) at the same time as the agency distributes
other Federal funds to the agency’s other public
schools, consistent with the State’s charter school law.
‘‘(6) PURCHASE OF INSTRUCTIONAL MATERIALS.—
‘‘(A) IN GENERAL.—Not later than 2 years after the
date of enactment of the Individuals with Disabilities Edu-
cation Improvement Act of 2004, a local educational agency
that chooses to coordinate with the National Instructional
Materials Access Center, when purchasing print instruc-
tional materials, shall acquire the print instructional mate-
rials in the same manner and subject to the same conditions
as a State educational agency acquires print instructional
materials under section 612(a)(23).
‘‘(B) RIGHTS OF LOCAL EDUCATIONAL AGENCY.—Nothing
in this paragraph shall be construed to require a local
educational agency to coordinate with the National Instruc-
tional Materials Access Center. If a local educational
agency chooses not to coordinate with the National Instruc-
tional Materials Access Center, the local educational agency
shall provide an assurance to the State educational agency
that the local educational agency will provide instructional
materials to blind persons or other persons with print
disabilities in a timely manner.
‘‘(7) INFORMATION FOR STATE EDUCATIONAL AGENCY.—The
local educational agency shall provide the State educational
agency with information necessary to enable the State edu-
cational agency to carry out its duties under this part,
including, with respect to paragraphs (15) and (16) of section
612(a), information relating to the performance of children with
disabilities participating in programs carried out under this
part.
‘‘(8) PUBLIC INFORMATION.—The local educational agency
shall make available to parents of children with disabilities
and to the general public all documents relating to the eligibility
of such agency under this part.
‘‘(9) RECORDS
REGARDING
MIGRATORY
CHILDREN
WITH
DISABILITIES.—The local educational agency shall cooperate in
the Secretary’s efforts under section 1308 of the Elementary
and Secondary Education Act of 1965 to ensure the linkage
of records pertaining to migratory children with a disability
for the purpose of electronically exchanging, among the States,
health and educational information regarding such children.
‘‘(b) EXCEPTION FOR PRIOR LOCAL PLANS.—
‘‘(1) IN GENERAL.—If a local educational agency or State
agency has on file with the State educational agency policies
and procedures that demonstrate that such local educational
agency, or such State agency, as the case may be, meets any
requirement of subsection (a), including any policies and proce-
dures filed under this part as in effect before the effective
date of the Individuals with Disabilities Education Improve-
ment Act of 2004, the State educational agency shall consider
such local educational agency or State agency, as the case
may be, to have met such requirement for purposes of receiving
assistance under this part.
‘‘(2) MODIFICATION MADE BY LOCAL EDUCATIONAL AGENCY.—
Subject to paragraph (3), an application submitted by a local
educational agency in accordance with this section shall remain
H. R. 1350—52
in effect until the local educational agency submits to the
State educational agency such modifications as the local edu-
cational agency determines necessary.
‘‘(3) MODIFICATIONS
REQUIRED
BY
STATE
EDUCATIONAL
AGENCY.—If, after the effective date of the Individuals with
Disabilities Education Improvement Act of 2004, the provisions
of this title are amended (or the regulations developed to carry
out this title are amended), there is a new interpretation of
this title by Federal or State courts, or there is an official
finding of noncompliance with Federal or State law or regula-
tions, then the State educational agency may require a local
educational agency to modify its application only to the extent
necessary to ensure the local educational agency’s compliance
with this part or State law.
‘‘(c) NOTIFICATION OF LOCAL EDUCATIONAL AGENCY OR STATE
AGENCY IN CASE OF INELIGIBILITY.—If the State educational agency
determines that a local educational agency or State agency is not
eligible under this section, then the State educational agency shall
notify the local educational agency or State agency, as the case
may be, of that determination and shall provide such local edu-
cational agency or State agency with reasonable notice and an
opportunity for a hearing.
‘‘(d) LOCAL EDUCATIONAL AGENCY COMPLIANCE.—
‘‘(1) IN GENERAL.—If the State educational agency, after
reasonable notice and an opportunity for a hearing, finds that
a local educational agency or State agency that has been deter-
mined to be eligible under this section is failing to comply
with any requirement described in subsection (a), the State
educational agency shall reduce or shall not provide any further
payments to the local educational agency or State agency until
the State educational agency is satisfied that the local edu-
cational agency or State agency, as the case may be, is com-
plying with that requirement.
‘‘(2) ADDITIONAL REQUIREMENT.—Any State agency or local
educational agency in receipt of a notice described in paragraph
(1) shall, by means of public notice, take such measures as
may be necessary to bring the pendency of an action pursuant
to this subsection to the attention of the public within the
jurisdiction of such agency.
‘‘(3) CONSIDERATION.—In carrying out its responsibilities
under paragraph (1), the State educational agency shall con-
sider any decision made in a hearing held under section 615
that is adverse to the local educational agency or State agency
involved in that decision.
‘‘(e) JOINT ESTABLISHMENT OF ELIGIBILITY.—
‘‘(1) JOINT ESTABLISHMENT.—
‘‘(A) IN
GENERAL.—A State educational agency may
require a local educational agency to establish its eligibility
jointly with another local educational agency if the State
educational agency determines that the local educational
agency will be ineligible under this section because the
local educational agency will not be able to establish and
maintain programs of sufficient size and scope to effectively
meet the needs of children with disabilities.
‘‘(B) CHARTER SCHOOL EXCEPTION.—A State educational
agency may not require a charter school that is a local
educational agency to jointly establish its eligibility under
H. R. 1350—53
subparagraph (A) unless the charter school is explicitly
permitted to do so under the State’s charter school law.
‘‘(2) AMOUNT OF PAYMENTS.—If a State educational agency
requires the joint establishment of eligibility under paragraph
(1), the total amount of funds made available to the affected
local educational agencies shall be equal to the sum of the
payments that each such local educational agency would have
received under section 611(f) if such agencies were eligible
for such payments.
‘‘(3) REQUIREMENTS.—Local educational agencies that
establish joint eligibility under this subsection shall—
‘‘(A) adopt policies and procedures that are consistent
with the State’s policies and procedures under section
612(a); and
‘‘(B) be jointly responsible for implementing programs
that receive assistance under this part.
‘‘(4) REQUIREMENTS FOR EDUCATIONAL SERVICE AGENCIES.—
‘‘(A) IN
GENERAL.—If an educational service agency
is required by State law to carry out programs under
this part, the joint responsibilities given to local educational
agencies under this subsection shall—
‘‘(i) not apply to the administration and disburse-
ment of any payments received by that educational
service agency; and
‘‘(ii) be carried out only by that educational service
agency.
‘‘(B) ADDITIONAL REQUIREMENT.—Notwithstanding any
other provision of this subsection, an educational service
agency shall provide for the education of children with
disabilities in the least restrictive environment, as required
by section 612(a)(5).
‘‘(f) EARLY INTERVENING SERVICES.—
‘‘(1) IN GENERAL.—A local educational agency may not use
more than 15 percent of the amount such agency receives
under this part for any fiscal year, less any amount reduced
by the agency pursuant to subsection (a)(2)(C), if any, in com-
bination with other amounts (which may include amounts other
than education funds), to develop and implement coordinated,
early intervening services, which may include interagency
financing structures, for students in kindergarten through
grade 12 (with a particular emphasis on students in kinder-
garten through grade 3) who have not been identified as
needing special education or related services but who need
additional academic and behavioral support to succeed in a
general education environment.
‘‘(2) ACTIVITIES.—In implementing coordinated, early inter-
vening services under this subsection, a local educational
agency may carry out activities that include—
‘‘(A) professional development (which may be provided
by entities other than local educational agencies) for
teachers and other school staff to enable such personnel
to deliver scientifically based academic instruction and
behavioral interventions, including scientifically based lit-
eracy instruction, and, where appropriate, instruction on
the use of adaptive and instructional software; and
H. R. 1350—54
‘‘(B) providing educational and behavioral evaluations,
services, and supports, including scientifically based lit-
eracy instruction.
‘‘(3) CONSTRUCTION.—Nothing in this subsection shall be
construed to limit or create a right to a free appropriate public
education under this part.
‘‘(4) REPORTING.—Each local educational agency that
develops and maintains coordinated, early intervening services
under this subsection shall annually report to the State edu-
cational agency on—
‘‘(A) the number of students served under this sub-
section; and
‘‘(B) the number of students served under this sub-
section who subsequently receive special education and
related services under this title during the preceding 2-
year period.
‘‘(5) COORDINATION WITH ELEMENTARY AND SECONDARY EDU-
CATION ACT OF 1965.—Funds made available to carry out this
subsection may be used to carry out coordinated, early inter-
vening services aligned with activities funded by, and carried
out under, the Elementary and Secondary Education Act of
1965 if such funds are used to supplement, and not supplant,
funds made available under the Elementary and Secondary
Education Act of 1965 for the activities and services assisted
under this subsection.
‘‘(g) DIRECT SERVICES BY THE STATE EDUCATIONAL AGENCY.—
‘‘(1) IN GENERAL.—A State educational agency shall use
the payments that would otherwise have been available to
a local educational agency or to a State agency to provide
special education and related services directly to children with
disabilities residing in the area served by that local educational
agency, or for whom that State agency is responsible, if the
State educational agency determines that the local educational
agency or State agency, as the case may be—
‘‘(A) has not provided the information needed to estab-
lish the eligibility of such local educational agency or State
agency under this section;
‘‘(B) is unable to establish and maintain programs of
free appropriate public education that meet the require-
ments of subsection (a);
‘‘(C) is unable or unwilling to be consolidated with
1 or more local educational agencies in order to establish
and maintain such programs; or
‘‘(D) has 1 or more children with disabilities who can
best be served by a regional or State program or service
delivery system designed to meet the needs of such chil-
dren.
‘‘(2) MANNER AND LOCATION OF EDUCATION AND SERVICES.—
The State educational agency may provide special education
and related services under paragraph (1) in such manner and
at such locations (including regional or State centers) as the
State educational agency considers appropriate. Such education
and services shall be provided in accordance with this part.
‘‘(h) STATE AGENCY ELIGIBILITY.—Any State agency that desires
to receive a subgrant for any fiscal year under section 611(f) shall
demonstrate to the satisfaction of the State educational agency
that—
H. R. 1350—55
‘‘(1) all children with disabilities who are participating
in programs and projects funded under this part receive a
free appropriate public education, and that those children and
their parents are provided all the rights and procedural safe-
guards described in this part; and
‘‘(2) the agency meets such other conditions of this section
as the Secretary determines to be appropriate.
‘‘(i) DISCIPLINARY INFORMATION.—The State may require that
a local educational agency include in the records of a child with
a disability a statement of any current or previous disciplinary
action that has been taken against the child and transmit such
statement to the same extent that such disciplinary information
is included in, and transmitted with, the student records of non-
disabled children. The statement may include a description of any
behavior engaged in by the child that required disciplinary action,
a description of the disciplinary action taken, and any other
information that is relevant to the safety of the child and other
individuals involved with the child. If the State adopts such a
policy, and the child transfers from 1 school to another, the trans-
mission of any of the child’s records shall include both the child’s
current individualized education program and any such statement
of current or previous disciplinary action that has been taken
against the child.
‘‘(j) STATE AGENCY FLEXIBILITY.—
‘‘(1) ADJUSTMENT
TO
STATE
FISCAL
EFFORT
IN
CERTAIN
FISCAL YEARS.—For any fiscal year for which the allotment
received by a State under section 611 exceeds the amount
the State received for the previous fiscal year and if the State
in school year 2003–2004 or any subsequent school year pays
or reimburses all local educational agencies within the State
from State revenue 100 percent of the non-Federal share of
the costs of special education and related services, the State
educational agency, notwithstanding paragraphs (17) and (18)
of section 612(a) and section 612(b), may reduce the level of
expenditures from State sources for the education of children
with disabilities by not more than 50 percent of the amount
of such excess.
‘‘(2) PROHIBITION.—Notwithstanding paragraph (1), if the
Secretary determines that a State educational agency is unable
to establish, maintain, or oversee programs of free appropriate
public education that meet the requirements of this part, or
that the State needs assistance, intervention, or substantial
intervention under section 616(d)(2)(A), the Secretary shall pro-
hibit the State educational agency from exercising the authority
in paragraph (1).
‘‘(3) EDUCATION ACTIVITIES.—If a State educational agency
exercises the authority under paragraph (1), the agency shall
use funds from State sources, in an amount equal to the amount
of the reduction under paragraph (1), to support activities
authorized under the Elementary and Secondary Education
Act of 1965 or to support need based student or teacher higher
education programs.
‘‘(4) REPORT.—For each fiscal year for which a State edu-
cational agency exercises the authority under paragraph (1),
the State educational agency shall report to the Secretary the
amount of expenditures reduced pursuant to such paragraph
H. R. 1350—56
and the activities that were funded pursuant to paragraph
(3).
‘‘(5) LIMITATION.—Notwithstanding paragraph (1), a State
educational agency may not reduce the level of expenditures
described in paragraph (1) if any local educational agency in
the State would, as a result of such reduction, receive less
than 100 percent of the amount necessary to ensure that all
children with disabilities served by the local educational agency
receive a free appropriate public education from the combina-
tion of Federal funds received under this title and State funds
received from the State educational agency.
‘‘SEC. 614. EVALUATIONS, ELIGIBILITY DETERMINATIONS, INDIVIDUAL-
IZED 
EDUCATION 
PROGRAMS, 
AND 
EDUCATIONAL
PLACEMENTS.
‘‘(a) EVALUATIONS, PARENTAL CONSENT, AND REEVALUATIONS.—
‘‘(1) INITIAL EVALUATIONS.—
‘‘(A) IN GENERAL.—A State educational agency, other
State agency, or local educational agency shall conduct
a full and individual initial evaluation in accordance with
this paragraph and subsection (b), before the initial provi-
sion of special education and related services to a child
with a disability under this part.
‘‘(B) REQUEST
FOR
INITIAL
EVALUATION.—Consistent
with subparagraph (D), either a parent of a child, or a
State educational agency, other State agency, or local edu-
cational agency may initiate a request for an initial evalua-
tion to determine if the child is a child with a disability.
‘‘(C) PROCEDURES.—
‘‘(i) IN GENERAL.—Such initial evaluation shall con-
sist of procedures—
‘‘(I) to determine whether a child is a child
with a disability (as defined in section 602) within
60 days of receiving parental consent for the
evaluation, or, if the State establishes a timeframe
within which the evaluation must be conducted,
within such timeframe; and
‘‘(II) to determine the educational needs of
such child.
‘‘(ii) EXCEPTION.—The relevant timeframe in clause
(i)(I) shall not apply to a local educational agency if—
‘‘(I) a child enrolls in a school served by the
local educational agency after the relevant time-
frame in clause (i)(I) has begun and prior to a
determination by the child’s previous local edu-
cational agency as to whether the child is a child
with a disability (as defined in section 602), but
only if the subsequent local educational agency
is making sufficient progress to ensure a prompt
completion of the evaluation, and the parent and
subsequent local educational agency agree to a
specific time when the evaluation will be com-
pleted; or
‘‘(II) the parent of a child repeatedly fails or
refuses to produce the child for the evaluation.
‘‘(D) PARENTAL CONSENT.—
‘‘(i) IN GENERAL.—
H. R. 1350—57
‘‘(I) CONSENT FOR INITIAL EVALUATION.—The
agency proposing to conduct an initial evaluation
to determine if the child qualifies as a child with
a disability as defined in section 602 shall obtain
informed consent from the parent of such child
before conducting the evaluation. Parental consent
for evaluation shall not be construed as consent
for placement for receipt of special education and
related services.
‘‘(II) CONSENT FOR SERVICES.—An agency that
is responsible for making a free appropriate public
education available to a child with a disability
under this part shall seek to obtain informed con-
sent from the parent of such child before providing
special education and related services to the child.
‘‘(ii) ABSENCE OF CONSENT.—
‘‘(I) FOR INITIAL EVALUATION.—If the parent
of such child does not provide consent for an initial
evaluation under clause (i)(I), or the parent fails
to respond to a request to provide the consent,
the local educational agency may pursue the initial
evaluation of the child by utilizing the procedures
described in section 615, except to the extent incon-
sistent with State law relating to such parental
consent.
‘‘(II) FOR SERVICES.—If the parent of such child
refuses to consent to services under clause (i)(II),
the local educational agency shall not provide spe-
cial education and related services to the child
by utilizing the procedures described in section
615.
‘‘(III) EFFECT ON AGENCY OBLIGATIONS.—If the
parent of such child refuses to consent to the
receipt of special education and related services,
or the parent fails to respond to a request to pro-
vide such consent—
‘‘(aa) the local educational agency shall
not be considered to be in violation of the
requirement to make available a free appro-
priate public education to the child for the
failure to provide such child with the special
education and related services for which the
local educational agency requests such con-
sent; and
‘‘(bb) the local educational agency shall
not be required to convene an IEP meeting
or develop an IEP under this section for the
child for the special education and related
services for which the local educational agency
requests such consent.
‘‘(iii) CONSENT FOR WARDS OF THE STATE.—
‘‘(I) IN GENERAL.—If the child is a ward of
the State and is not residing with the child’s
parent, the agency shall make reasonable efforts
to obtain the informed consent from the parent
(as defined in section 602) of the child for an
H. R. 1350—58
initial evaluation to determine whether the child
is a child with a disability.
‘‘(II) EXCEPTION.—The agency shall not be
required to obtain informed consent from the
parent of a child for an initial evaluation to deter-
mine whether the child is a child with a disability
if—
‘‘(aa) despite reasonable efforts to do so,
the agency cannot discover the whereabouts
of the parent of the child;
‘‘(bb) the rights of the parents of the child
have been terminated in accordance with State
law; or
‘‘(cc) the rights of the parent to make edu-
cational decisions have been subrogated by a
judge in accordance with State law and con-
sent for an initial evaluation has been given
by an individual appointed by the judge to
represent the child.
‘‘(E) RULE OF CONSTRUCTION.—The screening of a stu-
dent by a teacher or specialist to determine appropriate
instructional strategies for curriculum implementation
shall not be considered to be an evaluation for eligibility
for special education and related services.
‘‘(2) REEVALUATIONS.—
‘‘(A) IN
GENERAL.—A local educational agency shall
ensure that a reevaluation of each child with a disability
is conducted in accordance with subsections (b) and (c)—
‘‘(i) if the local educational agency determines that
the educational or related services needs, including
improved 
academic 
achievement 
and 
functional
performance, of the child warrant a reevaluation; or
‘‘(ii) if the child’s parents or teacher requests a
reevaluation.
‘‘(B) LIMITATION.—A reevaluation conducted under
subparagraph (A) shall occur—
‘‘(i) not more frequently than once a year, unless
the parent and the local educational agency agree
otherwise; and
‘‘(ii) at least once every 3 years, unless the parent
and the local educational agency agree that a reevalua-
tion is unnecessary.
‘‘(b) EVALUATION PROCEDURES.—
‘‘(1) NOTICE.—The local educational agency shall provide
notice to the parents of a child with a disability, in accordance
with subsections (b)(3), (b)(4), and (c) of section 615, that
describes any evaluation procedures such agency proposes to
conduct.
‘‘(2) CONDUCT OF EVALUATION.—In conducting the evalua-
tion, the local educational agency shall—
‘‘(A) use a variety of assessment tools and strategies
to gather relevant functional, developmental, and academic
information, including information provided by the parent,
that may assist in determining—
‘‘(i) whether the child is a child with a disability;
and
H. R. 1350—59
‘‘(ii) the content of the child’s individualized edu-
cation program, including information related to
enabling the child to be involved in and progress in
the general education curriculum, or, for preschool chil-
dren, to participate in appropriate activities;
‘‘(B) not use any single measure or assessment as
the sole criterion for determining whether a child is a
child with a disability or determining an appropriate edu-
cational program for the child; and
‘‘(C) use technically sound instruments that may assess
the relative contribution of cognitive and behavioral factors,
in addition to physical or developmental factors.
‘‘(3) ADDITIONAL
REQUIREMENTS.—Each local educational
agency shall ensure that—
‘‘(A) assessments and other evaluation materials used
to assess a child under this section—
‘‘(i) are selected and administered so as not to
be discriminatory on a racial or cultural basis;
‘‘(ii) are provided and administered in the language
and form most likely to yield accurate information
on what the child knows and can do academically,
developmentally, and functionally, unless it is not fea-
sible to so provide or administer;
‘‘(iii) are used for purposes for which the assess-
ments or measures are valid and reliable;
‘‘(iv) are administered by trained and knowledge-
able personnel; and
‘‘(v) are administered in accordance with any
instructions provided by the producer of such assess-
ments;
‘‘(B) the child is assessed in all areas of suspected
disability;
‘‘(C) assessment tools and strategies that provide rel-
evant information that directly assists persons in deter-
mining the educational needs of the child are provided;
and
‘‘(D) assessments of children with disabilities who
transfer from 1 school district to another school district
in the same academic year are coordinated with such chil-
dren’s prior and subsequent schools, as necessary and as
expeditiously as possible, to ensure prompt completion of
full evaluations.
‘‘(4) DETERMINATION
OF
ELIGIBILITY
AND
EDUCATIONAL
NEED.—Upon completion of the administration of assessments
and other evaluation measures—
‘‘(A) the determination of whether the child is a child
with a disability as defined in section 602(3) and the edu-
cational needs of the child shall be made by a team of
qualified professionals and the parent of the child in accord-
ance with paragraph (5); and
‘‘(B) a copy of the evaluation report and the documenta-
tion of determination of eligibility shall be given to the
parent.
‘‘(5) SPECIAL
RULE
FOR
ELIGIBILITY
DETERMINATION.—In
making a determination of eligibility under paragraph (4)(A),
a child shall not be determined to be a child with a disability
if the determinant factor for such determination is—
H. R. 1350—60
‘‘(A) lack of appropriate instruction in reading,
including in the essential components of reading instruction
(as defined in section 1208(3) of the Elementary and Sec-
ondary Education Act of 1965);
‘‘(B) lack of instruction in math; or
‘‘(C) limited English proficiency.
‘‘(6) SPECIFIC LEARNING DISABILITIES.—
‘‘(A) IN
GENERAL.—Notwithstanding section 607(b),
when determining whether a child has a specific learning
disability as defined in section 602, a local educational
agency shall not be required to take into consideration
whether a child has a severe discrepancy between achieve-
ment and intellectual ability in oral expression, listening
comprehension, written expression, basic reading skill,
reading 
comprehension, 
mathematical 
calculation, 
or
mathematical reasoning.
‘‘(B) ADDITIONAL AUTHORITY.—In determining whether
a child has a specific learning disability, a local educational
agency may use a process that determines if the child
responds to scientific, research-based intervention as a part
of the evaluation procedures described in paragraphs (2)
and (3).
‘‘(c) 
ADDITIONAL
REQUIREMENTS
FOR
EVALUATION
AND
REEVALUATIONS.—
‘‘(1) REVIEW OF EXISTING EVALUATION DATA.—As part of
an initial evaluation (if appropriate) and as part of any
reevaluation under this section, the IEP Team and other quali-
fied professionals, as appropriate, shall—
‘‘(A) review existing evaluation data on the child,
including—
‘‘(i) evaluations and information provided by the
parents of the child;
‘‘(ii) current classroom-based, local, or State assess-
ments, and classroom-based observations; and
‘‘(iii) observations by teachers and related services
providers; and
‘‘(B) on the basis of that review, and input from the
child’s parents, identify what additional data, if any, are
needed to determine—
‘‘(i) whether the child is a child with a disability
as defined in section 602(3), and the educational needs
of the child, or, in case of a reevaluation of a child,
whether the child continues to have such a disability
and such educational needs;
‘‘(ii) the present levels of academic achievement
and related developmental needs of the child;
‘‘(iii) whether the child needs special education
and related services, or in the case of a reevaluation
of a child, whether the child continues to need special
education and related services; and
‘‘(iv) whether any additions or modifications to the
special education and related services are needed to
enable the child to meet the measurable annual goals
set out in the individualized education program of the
child and to participate, as appropriate, in the general
education curriculum.
H. R. 1350—61
‘‘(2) SOURCE OF DATA.—The local educational agency shall
administer such assessments and other evaluation measures
as may be needed to produce the data identified by the IEP
Team under paragraph (1)(B).
‘‘(3) PARENTAL CONSENT.—Each local educational agency
shall obtain informed parental consent, in accordance with
subsection (a)(1)(D), prior to conducting any reevaluation of
a child with a disability, except that such informed parental
consent need not be obtained if the local educational agency
can demonstrate that it had taken reasonable measures to
obtain such consent and the child’s parent has failed to respond.
‘‘(4) REQUIREMENTS IF ADDITIONAL DATA ARE NOT NEEDED.—
If the IEP Team and other qualified professionals, as appro-
priate, determine that no additional data are needed to deter-
mine whether the child continues to be a child with a disability
and to determine the child’s educational needs, the local edu-
cational agency—
‘‘(A) shall notify the child’s parents of—
‘‘(i) that determination and the reasons for the
determination; and
‘‘(ii) the right of such parents to request an assess-
ment to determine whether the child continues to be
a child with a disability and to determine the child’s
educational needs; and
‘‘(B) shall not be required to conduct such an assess-
ment unless requested to by the child’s parents.
‘‘(5) EVALUATIONS BEFORE CHANGE IN ELIGIBILITY.—
‘‘(A) IN GENERAL.—Except as provided in subparagraph
(B), a local educational agency shall evaluate a child with
a disability in accordance with this section before deter-
mining that the child is no longer a child with a disability.
‘‘(B) EXCEPTION.—
‘‘(i) IN
GENERAL.—The evaluation described in
subparagraph (A) shall not be required before the
termination of a child’s eligibility under this part due
to graduation from secondary school with a regular
diploma, or due to exceeding the age eligibility for
a free appropriate public education under State law.
‘‘(ii) SUMMARY
OF
PERFORMANCE.—For a child
whose eligibility under this part terminates under cir-
cumstances described in clause (i), a local educational
agency shall provide the child with a summary of the
child’s academic achievement and functional perform-
ance, which shall include recommendations on how
to assist the child in meeting the child’s postsecondary
goals.
‘‘(d) INDIVIDUALIZED EDUCATION PROGRAMS.—
‘‘(1) DEFINITIONS.—In this title:
‘‘(A) INDIVIDUALIZED EDUCATION PROGRAM.—
‘‘(i) IN
GENERAL.—The term ‘individualized edu-
cation program’ or ‘IEP’ means a written statement
for each child with a disability that is developed,
reviewed, and revised in accordance with this section
and that includes—
‘‘(I) a statement of the child’s present levels
of academic achievement and functional perform-
ance, including—
H. R. 1350—62
‘‘(aa) how the child’s disability affects the
child’s involvement and progress in the gen-
eral education curriculum;
‘‘(bb) for preschool children, as appro-
priate, how the disability affects the child’s
participation in appropriate activities; and
‘‘(cc) for children with disabilities who take
alternate assessments aligned to alternate
achievement standards, a description of bench-
marks or short-term objectives;
‘‘(II) a statement of measurable annual goals,
including academic and functional goals, designed
to—
‘‘(aa) meet the child’s needs that result
from the child’s disability to enable the child
to be involved in and make progress in the
general education curriculum; and
‘‘(bb) meet each of the child’s other edu-
cational needs that result from the child’s dis-
ability;
‘‘(III) a description of how the child’s progress
toward meeting the annual goals described in sub-
clause (II) will be measured and when periodic
reports on the progress the child is making toward
meeting the annual goals (such as through the
use of quarterly or other periodic reports, concur-
rent with the issuance of report cards) will be
provided;
‘‘(IV) a statement of the special education and
related services and supplementary aids and serv-
ices, based on peer-reviewed research to the extent
practicable, to be provided to the child, or on behalf
of the child, and a statement of the program modi-
fications or supports for school personnel that will
be provided for the child—
‘‘(aa) to advance appropriately toward
attaining the annual goals;
‘‘(bb) to be involved in and make progress
in the general education curriculum in accord-
ance with subclause (I) and to participate in
extracurricular and other nonacademic activi-
ties; and
‘‘(cc) to be educated and participate with
other children with disabilities and non-
disabled children in the activities described
in this subparagraph;
‘‘(V) an explanation of the extent, if any, to
which the child will not participate with non-
disabled children in the regular class and in the
activities described in subclause (IV)(cc);
‘‘(VI)(aa) a statement of any individual appro-
priate accommodations that are necessary to
measure the academic achievement and functional
performance of the child on State and districtwide
assessments consistent with section 612(a)(16)(A);
and
H. R. 1350—63
‘‘(bb) if the IEP Team determines that the
child shall take an alternate assessment on a par-
ticular State or districtwide assessment of student
achievement, a statement of why—
‘‘(AA) the child cannot participate in the
regular assessment; and
‘‘(BB) the particular alternate assessment
selected is appropriate for the child;
‘‘(VII) the projected date for the beginning of
the services and modifications described in sub-
clause (IV), and the anticipated frequency, location,
and duration of those services and modifications;
and
‘‘(VIII) beginning not later than the first IEP
to be in effect when the child is 16, and updated
annually thereafter—
‘‘(aa) appropriate measurable postsec-
ondary goals based upon age appropriate
transition assessments related to training,
education, employment, and, where appro-
priate, independent living skills;
‘‘(bb) the transition services (including
courses of study) needed to assist the child
in reaching those goals; and
‘‘(cc) beginning not later than 1 year before
the child reaches the age of majority under
State law, a statement that the child has been
informed of the child’s rights under this title,
if any, that will transfer to the child on
reaching the age of majority under section
615(m).
‘‘(ii) RULE OF CONSTRUCTION.—Nothing in this sec-
tion shall be construed to require—
‘‘(I) that additional information be included
in a child’s IEP beyond what is explicitly required
in this section; and
‘‘(II) the IEP Team to include information
under 1 component of a child’s IEP that is already
contained under another component of such IEP.
‘‘(B) INDIVIDUALIZED EDUCATION PROGRAM TEAM.—The
term ‘individualized education program team’ or ‘IEP Team’
means a group of individuals composed of—
‘‘(i) the parents of a child with a disability;
‘‘(ii) not less than 1 regular education teacher of
such child (if the child is, or may be, participating
in the regular education environment);
‘‘(iii) not less than 1 special education teacher,
or where appropriate, not less than 1 special education
provider of such child;
‘‘(iv) a representative of the local educational
agency who—
‘‘(I) is qualified to provide, or supervise the
provision of, specially designed instruction to meet
the unique needs of children with disabilities;
‘‘(II) is knowledgeable about the general edu-
cation curriculum; and
H. R. 1350—64
‘‘(III) is knowledgeable about the availability
of resources of the local educational agency;
‘‘(v) an individual who can interpret the instruc-
tional implications of evaluation results, who may be
a member of the team described in clauses (ii) through
(vi);
‘‘(vi) at the discretion of the parent or the agency,
other individuals who have knowledge or special exper-
tise regarding the child, including related services per-
sonnel as appropriate; and
‘‘(vii) whenever appropriate, the child with a dis-
ability.
‘‘(C) IEP TEAM ATTENDANCE.—
‘‘(i) ATTENDANCE NOT NECESSARY.—A member of
the IEP Team shall not be required to attend an IEP
meeting, in whole or in part, if the parent of a child
with a disability and the local educational agency agree
that the attendance of such member is not necessary
because the member’s area of the curriculum or related
services is not being modified or discussed in the
meeting.
‘‘(ii) EXCUSAL.—A member of the IEP Team may
be excused from attending an IEP meeting, in whole
or in part, when the meeting involves a modification
to or discussion of the member’s area of the curriculum
or related services, if—
‘‘(I) the parent and the local educational
agency consent to the excusal; and
‘‘(II) the member submits, in writing to the
parent and the IEP Team, input into the develop-
ment of the IEP prior to the meeting.
‘‘(iii) 
WRITTEN
AGREEMENT
AND
CONSENT
REQUIRED.—A parent’s agreement under clause (i) and
consent under clause (ii) shall be in writing.
‘‘(D) IEP TEAM TRANSITION.—In the case of a child
who was previously served under part C, an invitation
to the initial IEP meeting shall, at the request of the
parent, be sent to the part C service coordinator or other
representatives of the part C system to assist with the
smooth transition of services.
‘‘(2) REQUIREMENT THAT PROGRAM BE IN EFFECT.—
‘‘(A) IN
GENERAL.—At the beginning of each school
year, each local educational agency, State educational
agency, or other State agency, as the case may be, shall
have in effect, for each child with a disability in the
agency’s jurisdiction, an individualized education program,
as defined in paragraph (1)(A).
‘‘(B) PROGRAM FOR CHILD AGED 3 THROUGH 5.—In the
case of a child with a disability aged 3 through 5 (or,
at the discretion of the State educational agency, a 2-
year-old child with a disability who will turn age 3 during
the school year), the IEP Team shall consider the individ-
ualized family service plan that contains the material
described in section 636, and that is developed in accord-
ance with this section, and the individualized family service
plan may serve as the IEP of the child if using that plan
as the IEP is—
H. R. 1350—65
‘‘(i) consistent with State policy; and
‘‘(ii) agreed to by the agency and the child’s par-
ents.
‘‘(C) PROGRAM FOR CHILDREN WHO TRANSFER SCHOOL
DISTRICTS.—
‘‘(i) IN GENERAL.—
‘‘(I) TRANSFER
WITHIN
THE
SAME
STATE.—In
the case of a child with a disability who transfers
school districts within the same academic year,
who enrolls in a new school, and who had an
IEP that was in effect in the same State, the
local educational agency shall provide such child
with a free appropriate public education, including
services comparable to those described in the pre-
viously held IEP, in consultation with the parents
until such time as the local educational agency
adopts the previously held IEP or develops, adopts,
and implements a new IEP that is consistent with
Federal and State law.
‘‘(II) TRANSFER OUTSIDE STATE.—In the case
of a child with a disability who transfers school
districts within the same academic year, who
enrolls in a new school, and who had an IEP
that was in effect in another State, the local edu-
cational agency shall provide such child with a
free appropriate public education, including serv-
ices comparable to those described in the pre-
viously held IEP, in consultation with the parents
until such time as the local educational agency
conducts an evaluation pursuant to subsection
(a)(1), if determined to be necessary by such
agency, and develops a new IEP, if appropriate,
that is consistent with Federal and State law.
‘‘(ii) TRANSMITTAL OF RECORDS.—To facilitate the
transition for a child described in clause (i)—
‘‘(I) the new school in which the child enrolls
shall take reasonable steps to promptly obtain the
child’s records, including the IEP and supporting
documents and any other records relating to the
provision of special education or related services
to the child, from the previous school in which
the child was enrolled, pursuant to section
99.31(a)(2) of title 34, Code of Federal Regulations;
and
‘‘(II) the previous school in which the child
was enrolled shall take reasonable steps to
promptly respond to such request from the new
school.
‘‘(3) DEVELOPMENT OF IEP.—
‘‘(A) IN GENERAL.—In developing each child’s IEP, the
IEP Team, subject to subparagraph (C), shall consider—
‘‘(i) the strengths of the child;
‘‘(ii) the concerns of the parents for enhancing the
education of their child;
‘‘(iii) the results of the initial evaluation or most
recent evaluation of the child; and
H. R. 1350—66
‘‘(iv) the academic, developmental, and functional
needs of the child.
‘‘(B) CONSIDERATION OF SPECIAL FACTORS.—The IEP
Team shall—
‘‘(i) in the case of a child whose behavior impedes
the child’s learning or that of others, consider the
use of positive behavioral interventions and supports,
and other strategies, to address that behavior;
‘‘(ii) in the case of a child with limited English
proficiency, consider the language needs of the child
as such needs relate to the child’s IEP;
‘‘(iii) in the case of a child who is blind or visually
impaired, provide for instruction in Braille and the
use of Braille unless the IEP Team determines, after
an evaluation of the child’s reading and writing skills,
needs, and appropriate reading and writing media
(including an evaluation of the child’s future needs
for instruction in Braille or the use of Braille), that
instruction in Braille or the use of Braille is not appro-
priate for the child;
‘‘(iv) consider the communication needs of the child,
and in the case of a child who is deaf or hard of
hearing, consider the child’s language and communica-
tion needs, opportunities for direct communications
with peers and professional personnel in the child’s
language and communication mode, academic level,
and full range of needs, including opportunities for
direct instruction in the child’s language and commu-
nication mode; and
‘‘(v) consider whether the child needs assistive
technology devices and services.
‘‘(C) REQUIREMENT
WITH
RESPECT
TO
REGULAR
EDU-
CATION TEACHER.—A regular education teacher of the child,
as a member of the IEP Team, shall, to the extent appro-
priate, participate in the development of the IEP of the
child, including the determination of appropriate positive
behavioral interventions and supports, and other strategies,
and the determination of supplementary aids and services,
program modifications, and support for school personnel
consistent with paragraph (1)(A)(i)(IV).
‘‘(D) AGREEMENT.—In making changes to a child’s IEP
after the annual IEP meeting for a school year, the parent
of a child with a disability and the local educational agency
may agree not to convene an IEP meeting for the purposes
of making such changes, and instead may develop a written
document to amend or modify the child’s current IEP.
‘‘(E) CONSOLIDATION OF IEP TEAM MEETINGS.—To the
extent possible, the local educational agency shall encour-
age the consolidation of reevaluation meetings for the child
and other IEP Team meetings for the child.
‘‘(F) AMENDMENTS.—Changes to the IEP may be made
either by the entire IEP Team or, as provided in subpara-
graph (D), by amending the IEP rather than by redrafting
the entire IEP. Upon request, a parent shall be provided
with a revised copy of the IEP with the amendments incor-
porated.
‘‘(4) REVIEW AND REVISION OF IEP.—
H. R. 1350—67
‘‘(A) IN GENERAL.—The local educational agency shall
ensure that, subject to subparagraph (B), the IEP Team—
‘‘(i) reviews the child’s IEP periodically, but not
less frequently than annually, to determine whether
the annual goals for the child are being achieved; and
‘‘(ii) revises the IEP as appropriate to address—
‘‘(I) any lack of expected progress toward the
annual goals and in the general education cur-
riculum, where appropriate;
‘‘(II) the results of any reevaluation conducted
under this section;
‘‘(III) information about the child provided to,
or by, the parents, as described in subsection
(c)(1)(B);
‘‘(IV) the child’s anticipated needs; or
‘‘(V) other matters.
‘‘(B) REQUIREMENT
WITH
RESPECT
TO
REGULAR
EDU-
CATION TEACHER.—A regular education teacher of the child,
as a member of the IEP Team, shall, consistent with para-
graph (1)(C), participate in the review and revision of the
IEP of the child.
‘‘(5) MULTI-YEAR IEP DEMONSTRATION.—
‘‘(A) PILOT PROGRAM.—
‘‘(i) PURPOSE.—The purpose of this paragraph is
to provide an opportunity for States to allow parents
and local educational agencies the opportunity for long-
term planning by offering the option of developing
a comprehensive multi-year IEP, not to exceed 3 years,
that is designed to coincide with the natural transition
points for the child.
‘‘(ii) AUTHORIZATION.—In order to carry out the
purpose of this paragraph, the Secretary is authorized
to approve not more than 15 proposals from States
to carry out the activity described in clause (i).
‘‘(iii) PROPOSAL.—
‘‘(I) IN GENERAL.—A State desiring to partici-
pate in the program under this paragraph shall
submit a proposal to the Secretary at such time
and in such manner as the Secretary may reason-
ably require.
‘‘(II) CONTENT.—The proposal shall include—
‘‘(aa) assurances that the development of
a multi-year IEP under this paragraph is
optional for parents;
‘‘(bb) assurances that the parent is
required to provide informed consent before
a comprehensive multi-year IEP is developed;
‘‘(cc) a list of required elements for each
multi-year IEP, including—
‘‘(AA) measurable goals pursuant to
paragraph (1)(A)(i)(II), coinciding with
natural transition points for the child,
that will enable the child to be involved
in and make progress in the general edu-
cation curriculum and that will meet the
child’s other needs that result from the
child’s disability; and
H. R. 1350—68
‘‘(BB) measurable annual goals for
determining progress toward meeting the
goals described in subitem (AA); and
‘‘(dd) a description of the process for the
review and revision of each multi-year IEP,
including—
‘‘(AA) a review by the IEP Team of
the child’s multi-year IEP at each of the
child’s natural transition points;
‘‘(BB) in years other than a child’s
natural transition points, an annual
review of the child’s IEP to determine the
child’s current levels of progress and
whether the annual goals for the child
are being achieved, and a requirement to
amend the IEP, as appropriate, to enable
the child to continue to meet the measur-
able goals set out in the IEP;
‘‘(CC) if the IEP Team determines on
the basis of a review that the child is
not making sufficient progress toward the
goals described in the multi-year IEP, a
requirement that the local educational
agency shall ensure that the IEP Team
carries out a more thorough review of the
IEP in accordance with paragraph (4)
within 30 calendar days; and
‘‘(DD) at the request of the parent,
a requirement that the IEP Team shall
conduct a review of the child’s multi-year
IEP rather than or subsequent to an
annual review.
‘‘(B) REPORT.—Beginning 2 years after the date of
enactment of the Individuals with Disabilities Education
Improvement Act of 2004, the Secretary shall submit an
annual report to the Committee on Education and the
Workforce of the House of Representatives and the Com-
mittee on Health, Education, Labor, and Pensions of the
Senate regarding the effectiveness of the program under
this paragraph and any specific recommendations for
broader implementation of such program, including—
‘‘(i) reducing—
‘‘(I) the paperwork burden on teachers, prin-
cipals, administrators, and related service pro-
viders; and
‘‘(II) noninstructional time spent by teachers
in complying with this part;
‘‘(ii) enhancing longer-term educational planning;
‘‘(iii) improving positive outcomes for children with
disabilities;
‘‘(iv) promoting collaboration between IEP Team
members; and
‘‘(v) ensuring satisfaction of family members.
‘‘(C) DEFINITION.—In this paragraph, the term ‘natural
transition points’ means those periods that are close in
time to the transition of a child with a disability from
preschool to elementary grades, from elementary grades
H. R. 1350—69
to middle or junior high school grades, from middle or
junior high school grades to secondary school grades, and
from secondary school grades to post-secondary activities,
but in no case a period longer than 3 years.
‘‘(6) FAILURE TO MEET TRANSITION OBJECTIVES.—If a partici-
pating agency, other than the local educational agency, fails
to provide the transition services described in the IEP in accord-
ance with paragraph (1)(A)(i)(VIII), the local educational agency
shall reconvene the IEP Team to identify alternative strategies
to meet the transition objectives for the child set out in the
IEP.
‘‘(7) CHILDREN WITH DISABILITIES IN ADULT PRISONS.—
‘‘(A) IN GENERAL.—The following requirements shall
not apply to children with disabilities who are convicted
as adults under State law and incarcerated in adult prisons:
‘‘(i) 
The 
requirements 
contained 
in 
section
612(a)(16) and paragraph (1)(A)(i)(VI) (relating to
participation of children with disabilities in general
assessments).
‘‘(ii) The requirements of items (aa) and (bb) of
paragraph (1)(A)(i)(VIII) (relating to transition plan-
ning and transition services), do not apply with respect
to such children whose eligibility under this part will
end, because of such children’s age, before such chil-
dren will be released from prison.
‘‘(B) ADDITIONAL REQUIREMENT.—If a child with a dis-
ability is convicted as an adult under State law and incar-
cerated in an adult prison, the child’s IEP Team may
modify the child’s IEP or placement notwithstanding the
requirements of sections 612(a)(5)(A) and paragraph (1)(A)
if the State has demonstrated a bona fide security or
compelling penological interest that cannot otherwise be
accommodated.
‘‘(e) EDUCATIONAL PLACEMENTS.—Each local educational agency
or State educational agency shall ensure that the parents of each
child with a disability are members of any group that makes
decisions on the educational placement of their child.
‘‘(f) ALTERNATIVE MEANS OF MEETING PARTICIPATION.—When
conducting IEP team meetings and placement meetings pursuant
to this section, section 615(e), and section 615(f)(1)(B), and carrying
out administrative matters under section 615 (such as scheduling,
exchange of witness lists, and status conferences), the parent of
a child with a disability and a local educational agency may agree
to use alternative means of meeting participation, such as video
conferences and conference calls.
‘‘SEC. 615. PROCEDURAL SAFEGUARDS.
‘‘(a) ESTABLISHMENT OF PROCEDURES.—Any State educational
agency, State agency, or local educational agency that receives
assistance under this part shall establish and maintain procedures
in accordance with this section to ensure that children with disabil-
ities and their parents are guaranteed procedural safeguards with
respect to the provision of a free appropriate public education
by such agencies.
‘‘(b) TYPES OF PROCEDURES.—The procedures required by this
section shall include the following:
H. R. 1350—70
‘‘(1) An opportunity for the parents of a child with a dis-
ability to examine all records relating to such child and to
participate in meetings with respect to the identification,
evaluation, and educational placement of the child, and the
provision of a free appropriate public education to such child,
and to obtain an independent educational evaluation of the
child.
‘‘(2)(A) Procedures to protect the rights of the child when-
ever the parents of the child are not known, the agency cannot,
after reasonable efforts, locate the parents, or the child is
a ward of the State, including the assignment of an individual
to act as a surrogate for the parents, which surrogate shall
not be an employee of the State educational agency, the local
educational agency, or any other agency that is involved in
the education or care of the child. In the case of—
‘‘(i) a child who is a ward of the State, such surrogate
may alternatively be appointed by the judge overseeing
the child’s care provided that the surrogate meets the
requirements of this paragraph; and
‘‘(ii) an unaccompanied homeless youth as defined in
section 725(6) of the McKinney-Vento Homeless Assistance
Act (42 U.S.C. 11434a(6)), the local educational agency
shall appoint a surrogate in accordance with this para-
graph.
‘‘(B) The State shall make reasonable efforts to ensure
the assignment of a surrogate not more than 30 days after
there is a determination by the agency that the child needs
a surrogate.
‘‘(3) Written prior notice to the parents of the child, in
accordance with subsection (c)(1), whenever the local edu-
cational agency—
‘‘(A) proposes to initiate or change; or
‘‘(B) refuses to initiate or change,
the identification, evaluation, or educational placement of the
child, or the provision of a free appropriate public education
to the child.
‘‘(4) Procedures designed to ensure that the notice required
by paragraph (3) is in the native language of the parents,
unless it clearly is not feasible to do so.
‘‘(5) An opportunity for mediation, in accordance with sub-
section (e).
‘‘(6) An opportunity for any party to present a complaint—
‘‘(A) with respect to any matter relating to the identi-
fication, evaluation, or educational placement of the child,
or the provision of a free appropriate public education
to such child; and
‘‘(B) which sets forth an alleged violation that occurred
not more than 2 years before the date the parent or public
agency knew or should have known about the alleged action
that forms the basis of the complaint, or, if the State
has an explicit time limitation for presenting such a com-
plaint under this part, in such time as the State law
allows, except that the exceptions to the timeline described
in subsection (f)(3)(D) shall apply to the timeline described
in this subparagraph.
‘‘(7)(A) Procedures that require either party, or the attorney
representing a party, to provide due process complaint notice
H. R. 1350—71
in accordance with subsection (c)(2) (which shall remain con-
fidential)—
‘‘(i) to the other party, in the complaint filed under
paragraph (6), and forward a copy of such notice to the
State educational agency; and
‘‘(ii) that shall include—
‘‘(I) the name of the child, the address of the resi-
dence of the child (or available contact information
in the case of a homeless child), and the name of
the school the child is attending;
‘‘(II) in the case of a homeless child or youth
(within the meaning of section 725(2) of the McKinney-
Vento Homeless Assistance Act (42 U.S.C. 11434a(2)),
available contact information for the child and the
name of the school the child is attending;
‘‘(III) a description of the nature of the problem
of the child relating to such proposed initiation or
change, including facts relating to such problem; and
‘‘(IV) a proposed resolution of the problem to the
extent known and available to the party at the time.
‘‘(B) A requirement that a party may not have a due
process hearing until the party, or the attorney representing
the party, files a notice that meets the requirements of subpara-
graph (A)(ii).
‘‘(8) Procedures that require the State educational agency
to develop a model form to assist parents in filing a complaint
and due process complaint notice in accordance with paragraphs
(6) and (7), respectively.
‘‘(c) NOTIFICATION REQUIREMENTS.—
‘‘(1) CONTENT
OF
PRIOR
WRITTEN
NOTICE.—The notice
required by subsection (b)(3) shall include—
‘‘(A) a description of the action proposed or refused
by the agency;
‘‘(B) an explanation of why the agency proposes or
refuses to take the action and a description of each evalua-
tion procedure, assessment, record, or report the agency
used as a basis for the proposed or refused action;
‘‘(C) a statement that the parents of a child with a
disability have protection under the procedural safeguards
of this part and, if this notice is not an initial referral
for evaluation, the means by which a copy of a description
of the procedural safeguards can be obtained;
‘‘(D) sources for parents to contact to obtain assistance
in understanding the provisions of this part;
‘‘(E) a description of other options considered by the
IEP Team and the reason why those options were rejected;
and
‘‘(F) a description of the factors that are relevant to
the agency’s proposal or refusal.
‘‘(2) DUE PROCESS COMPLAINT NOTICE.—
‘‘(A) COMPLAINT.—The due process complaint notice
required under subsection (b)(7)(A) shall be deemed to be
sufficient unless the party receiving the notice notifies the
hearing officer and the other party in writing that the
receiving party believes the notice has not met the require-
ments of subsection (b)(7)(A).
‘‘(B) RESPONSE TO COMPLAINT.—
H. R. 1350—72
‘‘(i) LOCAL EDUCATIONAL AGENCY RESPONSE.—
‘‘(I) IN
GENERAL.—If the local educational
agency has not sent a prior written notice to the
parent regarding the subject matter contained in
the parent’s due process complaint notice, such
local educational agency shall, within 10 days of
receiving the complaint, send to the parent a
response that shall include—
‘‘(aa) an explanation of why the agency
proposed or refused to take the action raised
in the complaint;
‘‘(bb) a description of other options that
the IEP Team considered and the reasons why
those options were rejected;
‘‘(cc) a description of each evaluation
procedure, assessment, record, or report the
agency used as the basis for the proposed or
refused action; and
‘‘(dd) a description of the factors that are
relevant to the agency’s proposal or refusal.
‘‘(II) SUFFICIENCY.—A response filed by a local
educational agency pursuant to subclause (I) shall
not be construed to preclude such local educational
agency from asserting that the parent’s due
process complaint notice was insufficient where
appropriate.
‘‘(ii) OTHER PARTY RESPONSE.—Except as provided
in clause (i), the non-complaining party shall, within
10 days of receiving the complaint, send to the com-
plaint a response that specifically addresses the issues
raised in the complaint.
‘‘(C) TIMING.—The party providing a hearing officer
notification under subparagraph (A) shall provide the
notification within 15 days of receiving the complaint.
‘‘(D) DETERMINATION.—Within 5 days of receipt of the
notification provided under subparagraph (C), the hearing
officer shall make a determination on the face of the notice
of whether the notification meets the requirements of sub-
section (b)(7)(A), and shall immediately notify the parties
in writing of such determination.
‘‘(E) AMENDED COMPLAINT NOTICE.—
‘‘(i) IN
GENERAL.—A party may amend its due
process complaint notice only if—
‘‘(I) the other party consents in writing to such
amendment and is given the opportunity to resolve
the complaint through a meeting held pursuant
to subsection (f)(1)(B); or
‘‘(II) the hearing officer grants permission,
except that the hearing officer may only grant
such permission at any time not later than 5 days
before a due process hearing occurs.
‘‘(ii) 
APPLICABLE
TIMELINE.—The 
applicable
timeline for a due process hearing under this part
shall recommence at the time the party files an
amended notice, including the timeline under sub-
section (f)(1)(B).
‘‘(d) PROCEDURAL SAFEGUARDS NOTICE.—
H. R. 1350—73
‘‘(1) IN GENERAL.—
‘‘(A) COPY TO PARENTS.—A copy of the procedural safe-
guards available to the parents of a child with a disability
shall be given to the parents only 1 time a year, except
that a copy also shall be given to the parents—
‘‘(i) upon initial referral or parental request for
evaluation;
‘‘(ii) upon the first occurrence of the filing of a
complaint under subsection (b)(6); and
‘‘(iii) upon request by a parent.
‘‘(B) INTERNET WEBSITE.—A local educational agency
may place a current copy of the procedural safeguards
notice on its Internet website if such website exists.
‘‘(2) CONTENTS.—The procedural safeguards notice shall
include a full explanation of the procedural safeguards, written
in the native language of the parents (unless it clearly is
not feasible to do so) and written in an easily understandable
manner, available under this section and under regulations
promulgated by the Secretary relating to—
‘‘(A) independent educational evaluation;
‘‘(B) prior written notice;
‘‘(C) parental consent;
‘‘(D) access to educational records;
‘‘(E) the opportunity to present and resolve complaints,
including—
‘‘(i) the time period in which to make a complaint;
‘‘(ii) the opportunity for the agency to resolve the
complaint; and
‘‘(iii) the availability of mediation;
‘‘(F) the child’s placement during pendency of due
process proceedings;
‘‘(G) procedures for students who are subject to place-
ment in an interim alternative educational setting;
‘‘(H) requirements for unilateral placement by parents
of children in private schools at public expense;
‘‘(I) due process hearings, including requirements for
disclosure of evaluation results and recommendations;
‘‘(J) State-level appeals (if applicable in that State);
‘‘(K) civil actions, including the time period in which
to file such actions; and
‘‘(L) attorneys’ fees.
‘‘(e) MEDIATION.—
‘‘(1) IN GENERAL.—Any State educational agency or local
educational agency that receives assistance under this part
shall ensure that procedures are established and implemented
to allow parties to disputes involving any matter, including
matters arising prior to the filing of a complaint pursuant
to subsection (b)(6), to resolve such disputes through a medi-
ation process.
‘‘(2) REQUIREMENTS.—Such procedures shall meet the fol-
lowing requirements:
‘‘(A) The procedures shall ensure that the mediation
process—
‘‘(i) is voluntary on the part of the parties;
‘‘(ii) is not used to deny or delay a parent’s right
to a due process hearing under subsection (f), or to
deny any other rights afforded under this part; and