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‘‘(I) IN
GENERAL.—A private 
school official shall have the right to 
complain to the State educational 
agency that the local educational agen-
cy did not engage in consultation that 
was meaningful and timely, or did not 
give due consideration to the views of 
the private school official. 
‘‘(II) PROCEDURE.—If the private 
school official wishes to complain, the 
official shall provide the basis of the 
noncompliance with this section by the 
local educational agency to the State 
educational agency, and the local edu-
cational agency shall forward the ap-
propriate documentation to the State 
educational agency. If the private 
school official is dissatisfied with the 
decision of the State educational agen-
cy, such official may complain to the 
Secretary by providing the basis of the 
noncompliance with this section by the 
local educational agency to the Sec-
retary, and the State educational agen-
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cy shall forward the appropriate docu-
mentation to the Secretary. 
‘‘(vi) PROVISION OF EQUITABLE SERV-
ICES.— 
‘‘(I) DIRECT
SERVICES.—To the 
extent practicable, the local educational 
agency shall provide direct services to 
children with disabilities parentally 
placed in private schools. 
‘‘(II) DIRECTLY
OR
THROUGH 
CONTRACTS.—A public agency may 
provide special education and related 
services directly or through contracts 
with public and private agencies, orga-
nizations, and institutions. 
‘‘(III) SECULAR, NEUTRAL, NON-
IDEOLOGICAL.—Special education and 
related services provided to children 
with 
disabilities 
attending 
private 
schools, including materials and equip-
ment, 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 
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section, and title to materials, equipment, 
and property purchased with those funds, 
shall be in a public agency for the uses and 
purposes provided in this Act, 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 dis-
abilities in private schools and facilities are 
provided special education and related serv-
ices, in accordance with an individualized 
education program, at no cost to their par-
ents, if such children are placed in, or re-
ferred to, such schools or facilities by the 
State or appropriate local educational agen-
cy as the means of carrying out the require-
ments of this part or any other applicable 
law requiring the provision of special edu-
cation and related services to all children 
with disabilities within such State. 
‘‘(ii) STANDARDS.—In all cases de-
scribed in clause (i), the State educational 
agency shall determine whether such schools 
and facilities meet standards that apply to 
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State and local educational agencies and 
that children so served have all the rights 
the children would have if served by such 
agencies. 
‘‘(C) PAYMENT FOR EDUCATION OF CHIL-
DREN ENROLLED IN PRIVATE SCHOOLS WITHOUT 
CONSENT
OF
OR
REFERRAL
BY
THE
PUBLIC 
AGENCY.— 
‘‘(i) IN GENERAL.—Subject to subpara-
graph (A), this part does not require a local 
educational agency to pay for the cost of 
education, including special education 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 elect-
ed to place the child in such private school 
or facility. 
‘‘(ii) REIMBURSEMENT
FOR
PRIVATE 
SCHOOL PLACEMENT.—If the parents of a 
child with a disability, who previously re-
ceived special education and related services 
under the authority of a public agency, en-
roll the child in a private elementary school 
or secondary school without the consent of 
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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 en-
rollment if the court or hearing officer finds 
that the agency had not made a free appro-
priate public education available to the 
child in a timely manner prior to that en-
rollment. 
‘‘(iii) LIMITATION
ON
REIMBURSE-
MENT.—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 
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‘‘(bb) 10 business days (in-
cluding any holidays that occur 
on a business day) prior to the re-
moval of the child from the public 
school, the parents did not give 
written notice to the public agen-
cy of the information described in 
division (aa); 
‘‘(II) if, prior to the parents’ re-
moval 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 (includ-
ing a statement of the purpose of the 
evaluation that was appropriate and 
reasonable), but the parents did not 
make the child available for such eval-
uation; or 
‘‘(III) upon a judicial finding of 
unreasonableness with respect to ac-
tions taken by the parents. 
‘‘(iv) 
EXCEPTION.—Notwithstanding 
the notice requirement in clause (iii)(I), the 
cost of reimbursement— 
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‘‘(I) shall not be reduced or denied 
for failure to provide such notice if— 
‘‘(aa) the school prevented the 
parent from providing such no-
tice; or 
‘‘(bb) the parents had not re-
ceived notice, pursuant to section 
615, of the notice requirement in 
clause (iii)(I); and 
‘‘(II) may, in the discretion of a 
court or a hearing officer, not be re-
duced or denied for failure to provide 
such notice if— 
‘‘(aa) the parent is illiterate 
and cannot write in English; or 
‘‘(bb) compliance with clause 
(iii)(I) would likely have resulted 
in physical or serious emotional 
harm to the child. 
‘‘(11) STATE
EDUCATIONAL
AGENCY
RESPON-
SIBLE FOR GENERAL SUPERVISION.— 
‘‘(A) IN GENERAL.—The State educational 
agency is responsible for ensuring that— 
‘‘(i) the requirements of this part are 
met; and 
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‘‘(ii) all educational programs for chil-
dren with disabilities in the State, includ-
ing all such programs administered by any 
other State or local agency— 
‘‘(I) are under the general super-
vision of individuals in the State who 
are responsible for educational pro-
grams for children with disabilities; 
and 
‘‘(II) meet the educational stand-
ards of the State educational agency. 
‘‘(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 sub-
paragraphs (A) and (B), the Governor (or an-
other individual pursuant to State law), con-
sistent 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 con-
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victed as adults under State law and incarcer-
ated in adult prisons. 
‘‘(12) OBLIGATIONS RELATED TO AND METHODS 
OF ENSURING SERVICES.— 
‘‘(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 mechanism 
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 subpara-
graph (B)(i) that are needed to ensure a free ap-
propriate public education are provided, includ-
ing the provision of such services during the 
pendency of any dispute under clause (iii). Such 
agreement or mechanism shall include the fol-
lowing: 
‘‘(i) AGENCY
FINANCIAL
RESPONSI-
BILITY.—An identification of, or a method 
for defining, the financial responsibility of 
each agency for providing services described 
in subparagraph (B)(i) to ensure a free ap-
propriate public education to children with 
disabilities, provided that the financial re-
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sponsibility 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 edu-
cational agency (or the State agency re-
sponsible for developing the child’s IEP). 
‘‘(ii) CONDITIONS AND TERMS OF RE-
IMBURSEMENT.—The conditions, terms, and 
procedures under which a local educational 
agency shall be reimbursed by other agen-
cies. 
‘‘(iii) INTERAGENCY
DISPUTES.—Pro-
cedures for resolving interagency disputes 
(including procedures under which local 
educational agencies may initiate pro-
ceedings) under the agreement or other 
mechanism to secure reimbursement from 
other agencies or otherwise 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 
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and timely and appropriate delivery of 
services described in subparagraph (B)(i). 
‘‘(B) OBLIGATION OF PUBLIC AGENCY.— 
‘‘(i) IN GENERAL.—If any public agen-
cy other than an educational agency is oth-
erwise obligated under Federal or State law, 
or assigned responsibility under State pol-
icy pursuant to subparagraph (A), to pro-
vide or pay for any services that are also 
considered special education or related serv-
ices (such as, but not limited to, services de-
scribed in section 602(1) relating to assist-
ive technology devices, 602(2) relating to as-
sistive technology services, 602(25) relating 
to related services, 602(32) relating to sup-
plementary aids and services, and 602(33) 
relating to transition services) that are nec-
essary for ensuring a free appropriate pub-
lic education to children with disabilities 
within the State, such public agency shall 
fulfill that obligation or responsibility, ei-
ther directly or through contract or other 
arrangement pursuant to subparagraph (A) 
or an agreement pursuant to subparagraph 
(C). 
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‘‘(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 reim-
bursement for the services from the public 
agency that failed to provide or pay for 
such services and such public agency shall 
reimburse the local educational agency or 
State agency pursuant to the terms of the 
interagency agreement or other mechanism 
described in subparagraph (A)(i) according 
to the procedures established in such agree-
ment pursuant to subparagraph (A)(ii). 
‘‘(C) SPECIAL RULE.—The requirements of 
subparagraph (A) may be met through— 
‘‘(i) State statute or regulation; 
‘‘(ii) signed agreements between respec-
tive agency officials that clearly identify the 
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responsibilities of each agency relating to 
the provision of services; or 
‘‘(iii) other appropriate written meth-
ods as determined by the Chief Executive 
Officer of the State or designee of the officer 
and approved by the Secretary. 
‘‘(13) PROCEDURAL
REQUIREMENTS
RELATING 
TO LOCAL EDUCATIONAL AGENCY ELIGIBILITY.—The 
State educational agency will not make a final deter-
mination that a local educational agency is not eligi-
ble for assistance under this part without first afford-
ing that agency reasonable notice and an opportunity 
for a hearing. 
‘‘(14) PERSONNEL STANDARDS.— 
‘‘(A) IN GENERAL.—The State educational 
agency has established and maintains standards 
to ensure that personnel necessary to carry out 
this part are appropriately and adequately pre-
pared and trained, including that those per-
sonnel have the content knowledge and skills to 
serve children with disabilities. 
‘‘(B) RELATED SERVICES PERSONNEL AND 
PARAPROFESSIONALS.—The 
standards 
under 
subparagraph (A) include standards for related 
services personnel and paraprofessionals that— 
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‘‘(i) are consistent with any State-ap-
proved or State-recognized certification, li-
censing, registration, or other comparable 
requirements that apply to the professional 
discipline in which those personnel are pro-
viding special education or related services; 
‘‘(ii) ensure that related services per-
sonnel who deliver services in their dis-
cipline or profession meet the requirements 
of clause (i) and have not had certification 
or licensure requirements waived on an 
emergency, temporary, or provisional basis; 
and 
‘‘(iii) allow paraprofessionals and as-
sistants who are appropriately trained and 
supervised, in accordance with State law, 
regulation, or written policy, in meeting the 
requirements of this part to be used to assist 
in the provision of special education and re-
lated services under this part to children 
with disabilities. 
‘‘(C) STANDARDS FOR SPECIAL EDUCATION 
TEACHERS.— 
‘‘(i) IN GENERAL.—The standards de-
scribed in subparagraph (A) shall ensure 
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that each person employed as a special edu-
cation teacher in the State who teaches in 
an elementary, middle, or secondary school 
is highly qualified not later than the end of 
the 2006–2007 school year. 
‘‘(ii) 
COMPLIANCE.—Notwithstanding 
paragraphs (2) and (3) of section 1119(a) of 
the Elementary and Secondary Education 
Act of 1965, for purposes of determining 
compliance with such paragraphs— 
‘‘(I) the Secretary, the State edu-
cational agency, and local educational 
agencies shall apply the definition of 
highly qualified in section 602(10) to 
special education teachers; and 
‘‘(II) the State shall ensure that 
all special education teachers teaching 
in core academic subjects within the 
State are highly qualified (as defined 
in section 602(10)) not later than the 
end of the 2006–2007 school year. 
‘‘(iii) PARENTS’ RIGHT TO KNOW.—In 
carrying out section 1111(h)(6) of the Ele-
mentary and Secondary Education Act of 
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1965 with respect to special education 
teachers, a local educational agency shall— 
‘‘(I) include in a response to a re-
quest under such section any addi-
tional information needed to dem-
onstrate that the teacher meets the ap-
plicable 
requirements 
of 
section 
602(10) relating to certification or li-
censure as a special education teacher; 
and 
‘‘(II) apply the definition of high-
ly qualified in section 602(10) in car-
rying out section 1111(h)(6)(B)(ii). 
‘‘(D) POLICY.—In implementing this sec-
tion, 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.—Notwith-
standing any other individual right of action 
that a parent or student may maintain under 
this part, nothing in this subsection shall be con-
strued to create a right of action on behalf of an 
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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 perform-
ance of children with disabilities in the State 
that— 
‘‘(i) promote the purposes of this Act, 
as stated in section 601(d); 
‘‘(ii) are the same as the State’s defini-
tion of adequate yearly progress, including 
the State’s objectives for progress by chil-
dren 
with 
disabilities, 
under 
section 
1111(b)(2)(C) of the Elementary and Sec-
ondary Education Act of 1965; 
‘‘(iii) address graduation rates and 
drop out rates, as well as such other factors 
as the State may determine; and 
‘‘(iv) are consistent, to the extent ap-
propriate, with any other goals and stand-
ards for children established by the State; 
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‘‘(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 sec-
tion 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 established under subpara-
graph (A). 
‘‘(16) PARTICIPATION IN ASSESSMENTS.— 
‘‘(A) IN GENERAL.— All children with dis-
abilities are included in all general State and 
districtwide assessment programs and account-
ability systems, including assessments and ac-
countability systems described under section 
1111 of the Elementary and Secondary Edu-
cation Act of 1965, with appropriate accom-
modations, alternate assessments where nec-
essary, and as indicated in their respective indi-
vidualized education programs. 
‘‘(B) ACCOMMODATION
GUIDELINES.—The 
State (or, in the case of a districtwide assess-
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ment, the local educational agency) has devel-
oped guidelines for the provision of appropriate 
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 participa-
tion of children with disabilities in alter-
nate assessments for those children who can-
not participate in regular assessments 
under subparagraph (B) as indicated in 
their respective individualized education 
programs. 
‘‘(ii) REQUIREMENTS FOR ALTERNATE 
ASSESSMENTS.—The 
guidelines 
under 
clause (i) shall provide for alternate assess-
ments that— 
‘‘(I) are aligned with the State’s 
challenging academic content and aca-
demic achievement standards; and 
‘‘(II) if the State has adopted al-
ternate academic achievement stand-
ards 
permitted 
under 
section 
1111(b)(1) of the Elementary and Sec-
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ondary Education Act of 1965, meas-
ure the achievement of children with 
disabilities against those standards. 
‘‘(iii) CONDUCT OF ALTERNATIVE AS-
SESSMENTS.—The State conducts the alter-
nate assessments described in this subpara-
graph. 
‘‘(D) REPORTS.—The State educational 
agency (or, in the case of a districtwide assess-
ment, the local educational agency) makes avail-
able 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 chil-
dren, the following: 
‘‘(i) The number of children with dis-
abilities participating in regular assess-
ments, and the number of those children 
who were provided accommodations in 
order to participate in those assessments. 
‘‘(ii) The number of children with dis-
abilities participating in alternate assess-
ments described in subparagraph (C)(ii)(I). 
‘‘(iii) The number of children with dis-
abilities participating in alternate assess-
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ments 
described 
in 
subparagraph 
(C)(ii)(II). 
‘‘(iv) The performance of children with 
disabilities on regular assessments and on 
alternate assessments (if the number of chil-
dren with disabilities participating in those 
assessments is sufficient to yield statis-
tically reliable information and reporting 
that information will not reveal personally 
identifiable information about an indi-
vidual student), compared with the achieve-
ment of all children, including children 
with disabilities, on those assessments. 
‘‘(E) UNIVERSAL DESIGN.—The State edu-
cational agency (or, in the case of a districtwide 
assessment, the local educational agency) shall, 
to the extent feasible, use universal design prin-
ciples in developing and administering any as-
sessments under this paragraph. 
‘‘(17) SUPPLEMENTATION OF STATE, LOCAL, AND 
OTHER FEDERAL FUNDS.— 
‘‘(A) EXPENDITURES.—Funds paid to a 
State under this part will be expended in accord-
ance with all the provisions of this part. 
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‘‘(B) 
PROHIBITION
AGAINST
COMMIN-
GLING.—Funds paid to a State under this part 
will not be commingled with State funds. 
‘‘(C) PROHIBITION AGAINST SUPPLANTATION 
AND CONDITIONS FOR WAIVER BY SECRETARY.— 
Except as provided in section 613, funds paid to 
a State under this part will be used to supple-
ment the level of Federal, State, and local funds 
(including funds that are not under the direct 
control of State or local educational agencies) ex-
pended for special education and related services 
provided to children 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 Sec-
retary concurs with the evidence provided by the 
State. 
‘‘(18) MAINTENANCE OF STATE FINANCIAL SUP-
PORT.— 
‘‘(A) IN GENERAL.—The State does not re-
duce the amount of State financial support for 
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special education and related services for chil-
dren with disabilities, or otherwise made avail-
able 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 re-
duce 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 UN-
CONTROLLABLE CIRCUMSTANCES.—The Secretary 
may waive the requirement of subparagraph (A) 
for a State, for 1 fiscal year at a time, if the 
Secretary determines that— 
‘‘(i) granting a waiver would be equi-
table 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 re-
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quirement to supplement, and not to sup-
plant, 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 subpara-
graph (C), the financial support required of the 
State in future years under subparagraph (A) 
shall be the amount that would have been re-
quired 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 available 
to the general public, including individuals with dis-
abilities and parents of children with disabilities. 
‘‘(20) STATE ADVISORY PANEL.— 
‘‘(A) IN
GENERAL.—The State has estab-
lished and maintains an advisory panel for the 
purpose of providing policy guidance with re-
spect to special education and related services for 
children with disabilities in the State. 
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‘‘(B) MEMBERSHIP.—Such advisory panel 
shall consist of members appointed by the Gov-
ernor, or any other official authorized under 
State law to make such appointments, that is 
representative of the State population and that 
is composed of individuals involved in, or con-
cerned with, the education of children with dis-
abilities, including— 
‘‘(i) parents of children with disabil-
ities ages birth through 26, including not 
less than 1 foster parent of a child with dis-
abilities who is a ward of the State, not less 
than 1 grandparent or other relative who is 
acting in the place of a natural or adoptive 
parent, and not less than 1 representative of 
children with disabilities in military fami-
lies; 
‘‘(ii) individuals with disabilities; 
‘‘(iii) teachers; 
‘‘(iv) representatives of institutions of 
higher education that prepare special edu-
cation and related services personnel; 
‘‘(v) State and local education officials, 
including officials who carry out activities 
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under subtitle B of title VII of the McKin-
ney-Vento Homeless Assistance Act; 
‘‘(vi) administrators of programs for 
children with disabilities; 
‘‘(vii) representatives of other State 
agencies involved in the financing or deliv-
ery of related services to children with dis-
abilities; 
‘‘(viii) 
representatives 
of 
private 
schools and public charter schools; 
‘‘(ix) at least 1 representative of a vo-
cational, community, or business organiza-
tion concerned with the provision of transi-
tion services to children with disabilities; 
and 
‘‘(x) representatives from the State ju-
venile and adult corrections agencies. 
‘‘(xi) representatives from the State 
child welfare agency; and 
‘‘(xii) a representative of wards of the 
State who are in foster care, such as an at-
torney for children in foster care, a guard-
ian ad litem, a court appointed special ad-
vocate, or a judge. 
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‘‘(C) SPECIAL
RULE.—A majority of the 
members of the panel shall be individuals with 
disabilities ages birth through 26 or parents of 
such individuals. 
‘‘(D) DUTIES.—The advisory panel shall— 
‘‘(i) advise the State educational agen-
cy 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 children with disabilities; 
‘‘(iii) advise the State educational 
agency in developing evaluations and re-
porting on data to the Secretary under sec-
tion 618; 
‘‘(iv) advise the State educational 
agency in developing corrective action plans 
to address findings identified in Federal 
monitoring reports under this part; and 
‘‘(v) advise the State educational agen-
cy in developing and implementing policies 
relating to the coordination of services for 
children with disabilities. 
‘‘(21) SUSPENSION AND EXPULSION RATES.— 
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‘‘(A) IN GENERAL.—The State educational 
agency examines data to determine if significant 
discrepancies are occurring 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 non-
disabled children 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, proce-
dures, and practices relating to the development 
and implementation of IEPs, the use of behav-
ioral interventions, and procedural safeguards, 
to ensure that such policies, procedures, and 
practices comply with this Act. 
‘‘(22) ACCESS TO INSTRUCTIONAL MATERIALS.— 
‘‘(A) IN GENERAL.—The State adopts the 
national Instructional Materials Accessibility 
Standard described in section 675(a) for the pur-
poses of providing instructional materials to 
blind persons or other persons with print disabil-
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ities in a timely manner after the publication of 
the standard in the Federal Register. 
‘‘(B) PREPARATION
AND
DELIVERY
OF 
FILES.—Not later than 2 years after the date of 
enactment of the Individuals with Disabilities 
Education Improvement Act of 2004, a State 
educational agency, as part of any print instruc-
tional materials adoption process, procurement 
contract, or other practice or instrument used for 
purchase of print instructional materials, enters 
into a written contract with the publisher of the 
print instructional materials to— 
‘‘(i) prepare, and on or before delivery 
of the print instructional materials, provide 
to the National Instructional Materials Ac-
cess Center, established pursuant to section 
675(b), electronic files containing the con-
tents of the print instructional materials 
using the Instructional Materials Accessi-
bility Standard; or 
‘‘(ii) purchase instructional materials 
from a publisher that are produced in or 
may be rendered in the specialized formats 
described in section 675(a)(4)(C). 
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‘‘(C) ASSISTIVE TECHNOLOGY.—In carrying 
out subparagraph (B), the State educational 
agency, to the maximum extent possible, shall 
work collaboratively with the State agency re-
sponsible for assistive technology programs. 
‘‘(b) STATE EDUCATIONAL AGENCY AS PROVIDER OF 
FREE APPROPRIATE PUBLIC EDUCATION OR DIRECT SERV-
ICES.—If the State educational agency provides free appro-
priate public education to children with disabilities, or pro-
vides direct services to such children, such agency— 
‘‘(1) shall comply with any additional require-
ments of section 613(a), as if such agency were a local 
educational agency; and 
‘‘(2) may use amounts that are otherwise avail-
able to such agency under this part to serve those chil-
dren without regard to section 613(a)(2)(A)(i) (relat-
ing 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 dem-
onstrate 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 
Improvement Act of 2004, the Secretary shall consider 
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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 applica-
tion to the same extent and in the same manner as 
this section applies to the original plan. 
‘‘(3) MODIFICATIONS
REQUIRED
BY
THE
SEC-
RETARY.—If, after the effective date of the Individuals 
with Disabilities Education Improvement Act of 
2004, the provisions of this Act are amended (or the 
regulations developed to carry out this Act are 
amended), there is a new interpretation of this Act by 
a Federal court or a State’s highest court, or there is 
an official finding of noncompliance with Federal law 
or regulations, then the Secretary may require a 
State to modify its application only to the extent nec-
essary 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 
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part, the Secretary shall notify the State of that deter-
mination. 
‘‘(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 PRO-
GRAMS.—Nothing in this title permits a State to reduce 
medical and other assistance available, or to alter eligi-
bility, under titles V and XIX of the Social Security Act 
with respect to the provision of a free appropriate 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 Education of the Handicapped Act Amend-
ments of 1983, a State educational agency was pro-
hibited by law from providing for the equitable par-
ticipation in special programs of children with dis-
abilities enrolled in private elementary schools and 
secondary 
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 pro-
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vide for such equitable participation, then the Sec-
retary shall, notwithstanding such provision of law, 
arrange for the provision of services to such children 
through arrangements which shall be subject to the re-
quirements of such subsection. 
‘‘(2) PAYMENTS.— 
‘‘(A) DETERMINATION OF AMOUNTS.—If the 
Secretary arranges for services pursuant to this 
subsection, the Secretary, after consultation with 
the appropriate public and private school offi-
cials, 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 dis-
abilities served in the prior year, as re-
ported to the Secretary by the State under 
section 618. 
‘‘(B) 
WITHHOLDING
OF
CERTAIN 
AMOUNTS.—Pending final resolution of any in-
vestigation or complaint that may result in a de-
termination under this subsection, the Secretary 
may withhold from the allocation of the affected 
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State educational agency the amount the Sec-
retary estimates 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 subpara-
graph (A) shall continue until the Secretary de-
termines that there will no longer be any failure 
or inability on the part of the State educational 
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 educational agency affected by such ac-
tion has had an opportunity, for at least 45 days 
after receiving written notice thereof, to submit 
written objections and to appear before the Sec-
retary or the Secretary’s designee to show cause 
why such action should not be taken. 
‘‘(B) REVIEW OF ACTION.—If a State edu-
cational agency is dissatisfied with the Sec-
retary’s final action after a proceeding 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 
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in which such State is located a petition for re-
view of that action. A copy of the petition shall 
be forthwith transmitted by the clerk of the court 
to the Secretary. The Secretary thereupon 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 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 substantial evidence. 
‘‘(D) JURISDICTION OF COURT OF APPEALS; 
REVIEW BY UNITED STATES SUPREME COURT.— 
Upon the filing of a petition under subpara-
graph (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. 
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The judgment of the court shall be subject to re-
view 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 eli-
gible 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 conditions: 
‘‘(1) CONSISTENCY WITH STATE POLICIES.—The 
local educational agency, in providing for the edu-
cation of children with disabilities within its jurisdic-
tion, has in effect policies, procedures, and programs 
that are consistent with the State policies and proce-
dures established under section 612. 
‘‘(2) USE OF AMOUNTS.— 
‘‘(A) IN
GENERAL.—Amounts provided to 
the local educational agency under this part 
shall be expended in accordance with the appli-
cable provisions of this part and— 
‘‘(i) shall be used only to pay the excess 
costs of providing special education and re-
lated services to children with disabilities; 
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‘‘(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 pro-
vided in subparagraphs (B) and (C), to re-
duce the level of expenditures for the edu-
cation 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 re-
striction in subparagraph (A)(iii), a local edu-
cational agency may reduce the level of expendi-
tures where such reduction is attributable to— 
‘‘(i) the voluntary departure, by retire-
ment or otherwise, or departure for just 
cause, of special education 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 disability that is an 
exceptionally costly program, as determined 
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by the State educational agency, because the 
child— 
‘‘(I) has left the jurisdiction of the 
agency; 
‘‘(II) has reached the age at which 
the obligation of the agency to provide 
a free appropriate public education to 
the child has terminated; or 
‘‘(III) no longer needs such pro-
gram of special education; or 
‘‘(iv) the termination of costly expendi-
tures for long-term purchases, such as the 
acquisition of equipment or the construction 
of school facilities. 
‘‘(C) TREATMENT OF FEDERAL FUNDS IN 
CERTAIN FISCAL YEARS.— 
‘‘(i) 
PERCENT
RULE.—Notwith-
standing clauses (ii) and (iii) of subpara-
graph (A), a local educational agency may 
treat as local funds, for the purposes of such 
clauses, not more than 8 percent of the 
amount of funds the local educational agen-
cy receives under this part. 
‘‘(ii) 40 
PERCENT
RULE.—Notwith-
standing clauses (ii) and (iii) of subpara-
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graph (A), for any fiscal year for which 
States are allocated the maximum amount 
of grants pursuant to section 611(a)(2), a 
local educational agency may treat as local 
funds, for the purposes of such clauses, not 
more than 40 percent of the amount of 
funds the local educational agency receives 
under this part, subject to clause (iv). 
‘‘(iii) 
EARLY
INTERVENING
SERV-
ICES.— 
‘‘(I) 8 PERCENT RULE.—If a local 
educational agency exercises authority 
pursuant to clause (i), the 8 percent 
funds shall be counted toward the per-
centage and amount of funds that may 
be used to provide early intervening 
educational services pursuant to sub-
section (f). 
‘‘(II) 40 PERCENT
RULE.—If a 
local educational agency exercises au-
thority pursuant to clause (ii), the 
local educational agency shall use an 
amount of the 40 percent funds from 
clause (ii) that represents 15 percent of 
the total amount of funds the local edu-
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cational agency receives under this 
part, to provide early intervening edu-
cational services pursuant to subsection 
(f). 
‘‘(iv) SPECIAL
RULE.—Funds treated 
as local funds pursuant to clause (i) or (ii) 
may be considered non-Federal or local 
funds for the purposes of— 
‘‘(I) clauses (ii) and (iii) of sub-
paragraph (A); and 
‘‘(II) the provision of the local 
share of costs for title XIX of the Social 
Security Act. 
‘‘(v) REPORT.—For each fiscal year in 
which a local educational agency exercises 
its authority pursuant to this subparagraph 
and treats Federal funds as local funds, the 
local educational agency shall report to the 
State educational agency the amount of 
funds so treated and the activities that were 
funded with such funds. 
‘‘(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 
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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 dis-
abilities participating 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 dis-
abilities in the jurisdiction of that agency. 
‘‘(3) PERSONNEL DEVELOPMENT.—The local edu-
cational agency shall ensure that all personnel nec-
essary to carry out this part are appropriately and 
adequately prepared, consistent with the requirements 
of section 612(a)(14) of this Act and section 2122 of 
the Elementary and Secondary Education Act of 
1965. 
‘‘(4) PERMISSIVE USE OF FUNDS.— 
‘‘(A) USES.—Notwithstanding paragraph 
(2)(A) or section 612(a)(17)(B) (relating to com-
mingled funds), funds provided to the local edu-
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cational agency under this part may be used for 
the following activities: 
‘‘(i) SERVICES AND AIDS THAT ALSO 
BENEFIT
NONDISABLED
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 individ-
ualized 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 educational services in ac-
cordance with subsection (f). 
‘‘(B) 
ADMINISTRATIVE
CASE
MANAGE-
MENT.—A local educational agency may use 
funds received under this part to purchase ap-
propriate technology for recordkeeping, data col-
lection, and related case management activities 
of teachers and related services personnel pro-
viding services described in the individualized 
education program of children with disabilities, 
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that is needed for the implementation of such 
case management activities. 
‘‘(5) TREATMENT
OF
CHARTER
SCHOOLS
AND 
THEIR STUDENTS.—In carrying out this part with re-
spect to charter schools that are public schools of the 
local educational agency, the local educational agen-
cy— 
‘‘(A) serves children with disabilities at-
tending 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 on the same basis, including pro-
portional distribution based on relative enroll-
ment of children with disabilities, and at the 
same time, as the local educational agency dis-
tributes State, local, or a combination of State 
and local, funds to those charter schools under 
the State’s charter school law. 
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‘‘(6) PURCHASE
OF
INSTRUCTIONAL
MATE-
RIALS.—Not later than 2 years after the date of en-
actment of the Individuals with Disabilities Edu-
cation Improvement Act of 2004, a local educational 
agency, when purchasing print instructional mate-
rials, acquires these instructional materials in the 
same manner as a State educational agency described 
in section 612(a)(22). 
‘‘(7) INFORMATION
FOR
STATE
EDUCATIONAL 
AGENCY.—The local educational agency shall provide 
the State educational agency with information nec-
essary to enable the State educational agency to carry 
out its duties under this part, including, with respect 
to paragraphs (15) and (16) of section 612(a), infor-
mation relating to the performance of children with 
disabilities participating in programs carried out 
under this part. 
‘‘(8) PUBLIC
INFORMATION.—The local edu-
cational 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
CHIL-
DREN
WITH
DISABILITIES.—The local educational 
agency shall cooperate in the Secretary’s efforts under 
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section 1308 of the Elementary and Secondary Edu-
cation Act of 1965 (20 U.S.C. 6398) to ensure the 
linkage of records pertaining to migratory children 
with a disability for the purpose of electronically ex-
changing, 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 sub-
section (a), including any policies and procedures 
filed under this part as in effect before the effective 
date of the Individuals with Disabilities Education 
Improvement Act of 2004, the State educational agen-
cy 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
EDU-
CATIONAL AGENCY.—Subject to paragraph (3), an ap-
plication submitted by a local educational agency in 
accordance with this section shall remain in effect 
until the local educational agency submits to the 
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State educational agency such modifications as the 
local educational agency determines necessary. 
‘‘(3) MODIFICATIONS REQUIRED BY STATE EDU-
CATIONAL AGENCY.—If, after the effective date of the 
Individuals with Disabilities Education Improvement 
Act of 2004, the provisions of this Act are amended 
(or the regulations developed to carry out this Act are 
amended), there is a new interpretation of this Act by 
Federal or State courts, or there is an official finding 
of noncompliance with Federal or State law or regu-
lations, then the State educational agency may re-
quire a local educational agency to modify its appli-
cation 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 edu-
cational 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.— 
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‘‘(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 determined to be eligi-
ble 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 educational agency or State 
agency, as the case may be, is complying with that 
requirement. 
‘‘(2) ADDITIONAL
REQUIREMENT.—Any State 
agency or local educational agency in receipt of a no-
tice 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 ju-
risdiction of such agency. 
‘‘(3) CONSIDERATION.—In carrying out its re-
sponsibilities under paragraph (1), the State edu-
cational agency shall consider 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. 
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‘‘(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 be-
cause the local educational agency will not be 
able to establish and maintain programs of suffi-
cient 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 subpara-
graph (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 edu-
cational agency requires the joint establishment of eli-
gibility 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 
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received under section 611(f) if such agencies were eli-
gible for such payments. 
‘‘(3) REQUIREMENTS.—Local educational agen-
cies that establish joint eligibility under this sub-
section shall— 
‘‘(A) adopt policies and procedures that are 
consistent with the State’s policies and proce-
dures 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 serv-
ice agency is required by State law to carry out 
programs under this part, the joint responsibil-
ities given to local educational agencies under 
this subsection shall— 
‘‘(i) not apply to the administration 
and disbursement of any payments received 
by that educational service agency; and 
‘‘(ii) be carried out only by that edu-
cational service agency. 
‘‘(B) 
ADDITIONAL
REQUIREMENT.—Not-
withstanding any other provision of this sub-
section, an educational service agency shall pro-
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vide for the education of children with disabil-
ities in the least restrictive environment, as re-
quired 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 treated as local funds pursuant to 
subsection (a)(2)(C), if any, in combination with 
other amounts (which may include amounts other 
than education funds), to develop and implement co-
ordinated, early intervening services, which may in-
clude interagency financing structures, for students in 
kindergarten through grade 12 (with a particular em-
phasis on students in kindergarten through grade 3) 
who do not meet the definition of a child with a dis-
ability under section 602(3) but who need additional 
academic and behavioral support to succeed in a gen-
eral education environment. 
‘‘(2) ACTIVITIES.—In implementing coordinated, 
early intervening 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 edu-
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cational agencies) for teachers and other school 
staff to enable such personnel to deliver scientif-
ically based academic and behavioral interven-
tions, including scientifically based literacy in-
struction, and, where appropriate, instruction on 
the use of adaptive and instructional software; 
‘‘(B) providing educational and behavioral 
evaluations, services, and supports, including 
scientifically based literacy instruction; and 
‘‘(C) developing and implementing inter-
agency financing structures for the provision of 
such services and supports. 
‘‘(3) CONSTRUCTION.—Nothing in this subsection 
shall be construed to either limit or create a right to 
a free appropriate public education under this part. 
‘‘(4) REPORTING.—Each local educational agen-
cy that develops and maintains coordinated, early in-
tervening services with funds made available for this 
subsection, shall annually report to the State edu-
cational agency on— 
‘‘(A) the number of children served under 
this subsection; and 
‘‘(B) the number of children served under 
this subsection who are subsequently referred to 
special education. 
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‘‘(5) COORDINATION
WITH
CERTAIN
PROJECTS 
UNDER
ELEMENTARY
AND
SECONDARY
EDUCATION 
ACT OF 1965.—Funds made available to carry out this 
subsection may be used to carry out coordinated, 
early intervening 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. 
‘‘(6) REPORT TO CONGRESS.—Not later than 1 
year after the date of enactment of the Individuals 
with Disabilities Education Improvement Act of 
2004, the Comptroller General shall conduct a study 
on the types of services provided to children served 
under this subsection, and shall submit a report to 
Congress regarding the study. 
‘‘(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 serv-
ices directly to children with disabilities residing in 
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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 edu-
cational agency or State agency, as the case may be— 
‘‘(A) has not provided the information need-
ed to establish the eligibility of such agency 
under this section; 
‘‘(B) is unable to establish and maintain 
programs of free appropriate public education 
that meet the requirements of subsection (a); 
‘‘(C) is unable or unwilling to be consoli-
dated with 1 or more local educational agencies 
in order to establish and maintain such pro-
grams; or 
‘‘(D) has 1 or more children with disabil-
ities who can best be served by a regional or 
State program or service delivery system de-
signed to meet the needs of such children. 
‘‘(2) MANNER AND LOCATION OF EDUCATION AND 
SERVICES.—The State educational agency may pro-
vide special education and related services under 
paragraph (1) in such manner and at such locations 
(including regional or State centers) as the State 
agency considers appropriate. Such education and 
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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— 
‘‘(1) all children with disabilities who are par-
ticipating 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 safeguards described in this 
part; and 
‘‘(2) the agency meets such other conditions of 
this section as the Secretary determines to be appro-
priate. 
‘‘(i) DISCIPLINARY INFORMATION.—The State may re-
quire 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 trans-
mitted with, the student records of nondisabled 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 
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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 transmission of any of the child’s records 
shall include both the child’s current individualized edu-
cation program and any such statement of current or pre-
vious disciplinary action that has been taken against the 
child. 
‘‘(j) STATE AGENCY FLEXIBILITY.— 
‘‘(1) TREATMENT OF FEDERAL FUNDS IN CER-
TAIN FISCAL YEARS.—If a State educational agency 
pays or reimburses local educational agencies within 
the State for not less than 80 percent of the non-Fed-
eral share of the costs of special education and related 
services, or the State is the sole provider of free ap-
propriate public education or direct services pursuant 
to section 612(b), then the State educational agency, 
notwithstanding sections 612(a) (17) and (18) and 
612(b), may treat funds allocated pursuant to section 
611 as general funds available to support the edu-
cational purposes described in paragraph (2) (A) and 
(B). 
‘‘(2) CONDITIONS.—A State educational agency 
may use funds in accordance with paragraph (1) sub-
ject to the following conditions: 
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‘‘(A) 8 PERCENT
RULE.—A State edu-
cational agency may treat not more than 8 per-
cent of the funds the State educational agency re-
ceives under this part as general funds to sup-
port any educational purpose described in the 
Elementary and Secondary Education Act of 
1965, needs-based student or teacher higher edu-
cation programs, or the non-Federal share of 
costs of title XIX of the Social Security Act. 
‘‘(B) 40 PERCENT RULE.—For any fiscal 
year for which States are allocated the maximum 
amount of grants pursuant to section 611(a)(2), 
a State educational agency may treat not more 
than 40 percent of the amount of funds the State 
educational agency receives under this part as 
general funds to support any educational pur-
pose described in the Elementary and Secondary 
Education Act of 1965, needs-based student or 
teacher higher education programs, or the non- 
Federal share of costs of title XIX of the Social 
Security Act, subject to subparagraph (C). 
‘‘(C) REQUIREMENT.—A State educational 
agency may exercise its authority pursuant to 
subparagraph (B) only if the State educational 
agency uses an amount of the 40 percent funds 
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from subparagraph (B) that represents 15 per-
cent of the total amount of funds the State edu-
cational agency receives under this part, to pro-
vide, or to pay or reimburse local educational 
agencies for providing, early intervening services 
pursuant to subsection (f). 
‘‘(2) PROHIBITION.—Notwithstanding subsection 
(a), if the Secretary determines that a State edu-
cational agency is unable to establish, maintain, or 
oversee programs of free appropriate public education 
that meet the requirements of this part, then the Sec-
retary shall prohibit the State educational agency 
from treating funds allocated under this part as gen-
eral funds pursuant to paragraph (1). 
‘‘(3) REPORT.—For each fiscal year for which a 
State educational agency exercises its authority pur-
suant to paragraph (1) and treats Federal funds as 
general funds, the State educational agency shall re-
port to the Secretary the amount of funds so treated 
and the activities that were funded with such funds. 
‘‘SEC. 614. EVALUATIONS, ELIGIBILITY DETERMINATIONS, 
INDIVIDUALIZED 
EDUCATION 
PROGRAMS, 
AND EDUCATIONAL PLACEMENTS. 
‘‘(a) EVALUATIONS AND REEVALUATIONS.— 
‘‘(1) INITIAL EVALUATIONS.— 
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‘‘(A) IN
GENERAL.—A State educational 
agency, other State agency, or local educational 
agency shall conduct a full and individual ini-
tial evaluation in accordance with this para-
graph and subsection (b), before the initial pro-
vision 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 par-
ent of a child, or a State educational agency, 
other State agency, or local educational agency 
may initiate a request for an initial evaluation 
to determine if the child is a child with a dis-
ability. 
‘‘(C) PROCEDURES.—Such initial evalua-
tion shall consist of procedures— 
‘‘(i) to determine whether a child is a 
child with a disability (as defined in sec-
tion 602(3)) within 60 days of receiving pa-
rental consent for the evaluation, or, if the 
State has established a timeframe within 
which the evaluation must be conducted, 
within such timeframe; and 
‘‘(ii) to determine the educational 
needs of such child. 
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‘‘(D) PARENTAL CONSENT.— 
‘‘(i) IN
GENERAL.—The agency pro-
posing to conduct an initial evaluation to 
determine if the child qualifies as a child 
with a disability as defined in section 
602(3) (A) or (B) shall obtain an informed 
consent from the parent of such child before 
the evaluation is conducted. Parental con-
sent for evaluation shall not be construed as 
consent for placement for receipt of special 
education and related services. 
‘‘(ii) REFUSAL.—If the parents of such 
child refuse consent for the evaluation, the 
agency may continue to pursue an evalua-
tion by utilizing the mediation and due 
process procedures under section 615, except 
to the extent inconsistent with State law re-
lating to parental consent. 
‘‘(iii) REFUSAL OR FAILURE TO CON-
SENT.—If the parent of a child does not 
provide informed consent to the receipt of 
special education and related services, or 
the parent fails to respond to a request to 
provide the consent, the local educational 
agency shall not be considered to be in vio-
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lation of the requirement to make available 
a free appropriate public education to the 
child for the failure to provide the special 
education and related services for which the 
local educational agency requests such in-
formed consent. 
‘‘(iv) EXCEPTION FOR WARDS OF THE 
STATE.—The agency shall not be required to 
obtain an informed consent from the par-
ents of a child for an initial evaluation to 
determine whether the child is a child with 
a disability if such child is a ward of the 
State and is not residing with the child’s 
parent and consent has been given by an 
individual who has appropriate knowledge 
of the child’s educational needs, including 
the judge appointed to the child’s case or the 
child’s attorney, guardian ad litem, or court 
appointed special advocate. 
‘‘(2) REEVALUATIONS.— 
‘‘(A) IN
GENERAL.—A local educational 
agency shall ensure that a reevaluation of each 
child with a disability is conducted in accord-
ance with subsections (b) and (c)— 
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‘‘(i) if the local educational agency de-
termines 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 con-
ducted under subparagraph (A) shall occur— 
‘‘(i) not more 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 reevaluation 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 eval-
uation procedures such agency proposes to conduct. 
‘‘(2) CONDUCT OF EVALUATION.—In conducting 
the evaluation, the local educational agency shall— 
‘‘(A) use a variety of assessment tools and 
strategies to gather relevant functional, develop-
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mental, and academic information, including in-
formation provided by the parent, that may as-
sist in determining— 
‘‘(i) whether the child is a child with 
a disability; and 
‘‘(ii) the content of the child’s individ-
ualized education program, including infor-
mation related to enabling the child to be 
involved in and progress in the general cur-
riculum, or for preschool children, to par-
ticipate in appropriate activities; 
‘‘(B) not use any single procedure, measure, 
or assessment as the sole criterion for deter-
mining whether a child is a child with a dis-
ability 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) tests and other evaluation materials 
used to assess a child under this section— 
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‘‘(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, develop-
mentally, and functionally, unless it is not 
feasible to so provide or administer;’’. 
‘‘(iii) are used for purposes for which 
the assessments or measures are valid and 
reliable; 
‘‘(iv) are administered by trained and 
knowledgeable personnel; and 
‘‘(v) are administered in accordance 
with any instructions provided by the pro-
ducer of such tests; 
‘‘(B) the child is assessed in all areas of sus-
pected disability; and 
‘‘(C) assessment tools and strategies that 
provide relevant information that directly assists 
persons in determining the educational needs of 
the child are provided. 
‘‘(D) assessments of children with disabil-
ities, including homeless children with disabil-
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ities, children with disabilities who are wards of 
the State, and children with disabilities in mili-
tary families, who transfer from 1 school district 
to another school district in the same academic 
year, are— 
‘‘(i) coordinated with such children’s 
prior and subsequent schools as necessary to 
ensure timely completion of full evaluations; 
and 
‘‘(ii) completed within time limits— 
‘‘(I) established for all students by 
Federal law or State plans; and 
‘‘(II) that computes the com-
mencement of time from the date on 
which such children are first referred 
for assessments in any local edu-
cational agency. 
‘‘(4) DETERMINATION
OF
ELIGIBILITY.—Upon 
completion of administration of tests and other eval-
uation materials— 
‘‘(A) the determination of whether the child 
is a child with a disability as defined in section 
602(3) shall be made by a team of qualified pro-
fessionals and the parent of the child in accord-
ance with paragraph (5); and 
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‘‘(B) a copy of the evaluation report and the 
documentation of determination of eligibility 
shall be given to the parent. 
‘‘(5) SPECIAL
RULE
FOR
ELIGIBILITY
DETER-
MINATION.—In making a determination of eligibility 
under paragraph (4)(A), a child shall not be deter-
mined to be a child with a disability if the deter-
minant factor for such determination is— 
‘‘(A) lack of scientifically based instruction 
in reading; 
‘‘(B) lack of instruction in mathematics; or 
‘‘(C) limited English proficiency. 
‘‘(6) SPECIFIC LEARNING DISABILITIES.— 
‘‘(A) IN
GENERAL.—Notwithstanding sec-
tion 607(b), when determining whether a child 
has a specific learning disability as defined in 
section 602(29), a local educational agency shall 
not be required to take into consideration wheth-
er a child has a severe discrepancy between 
achievement and intellectual ability in oral ex-
pression, listening comprehension, written ex-
pression, basic reading skill, reading comprehen-
sion, mathematical calculation, or mathematical 
reasoning. 
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‘‘(B) ADDITIONAL
AUTHORITY.—In deter-
mining 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 para-
graphs (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 described in subsection (d)(1)(B) and other 
qualified professionals, as appropriate, shall— 
‘‘(A) review existing evaluation data on the 
child, including evaluations and information 
provided by the parents of the child, current 
classroom-based assessments, and observations, 
and teacher and related services providers obser-
vations; and 
‘‘(B) on the basis of that review, and input 
from the child’s parents, identify what addi-
tional data, if any, are needed to determine— 
‘‘(i) whether the child has a particular 
category of disability, as described in sec-
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tion 602(3), or, in case of a reevaluation of 
a child, whether the child continues to have 
such a disability; 
‘‘(ii) the present levels of performance 
and educational 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 modi-
fications to the special education and re-
lated 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 curriculum. 
‘‘(2) SOURCE OF DATA.—The local educational 
agency shall administer such tests and other evalua-
tion materials and procedures as may be needed to 
produce the data identified by the IEP Team under 
paragraph (1)(B). 
‘‘(3) PARENTAL
CONSENT.—Each local edu-
cational agency shall obtain informed parental con-
sent, in accordance with subsection (a)(1)(D), prior to 
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conducting any reevaluation of a child with a dis-
ability, except that such informed parental consent 
need not be obtained if the local educational agency 
can demonstrate that the local educational agency 
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 appropriate, determine that no addi-
tional data are needed to determine whether the child 
is or continues to be a child with a disability, the 
local educational agency— 
‘‘(A) shall notify the child’s parents of— 
‘‘(i) that determination and the rea-
sons for the determination; and 
‘‘(ii) the right of such parents to re-
quest an assessment to determine whether 
the child is or continues to be a child with 
a disability; and 
‘‘(B) shall not be required to conduct such 
an assessment unless requested by the child’s 
parents. 
‘‘(5) EVALUATIONS BEFORE CHANGE IN ELIGI-
BILITY.— 
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‘‘(A) IN GENERAL.—Except as provided in 
subparagraph (B), a local educational agency 
shall evaluate a child with a disability in ac-
cordance with this section before determining 
that the child is no longer a child with a dis-
ability. 
‘‘(B) EXCEPTION.— 
‘‘(i) IN GENERAL.—The evaluation de-
scribed in subparagraph (A) shall not be re-
quired before the termination of a child’s 
eligibility under this part due to graduation 
from secondary school with a regular di-
ploma, or 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 circumstances described in 
clause (i), a local educational agency shall 
provide the child with a summary of the 
child’s academic achievement and func-
tional performance, which shall include rec-
ommendations on how to assist the child in 
meeting the child’s postsecondary goals. 
‘‘(d) INDIVIDUALIZED EDUCATION PROGRAMS.— 
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‘‘(1) DEFINITIONS.—As used in this title: 
‘‘(A) INDIVIDUALIZED
EDUCATION
PRO-
GRAM.— 
‘‘(i) IN GENERAL.—The term ‘individ-
ualized education 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 performance, includ-
ing— 
‘‘(aa) how the child’s dis-
ability affects the child’s involve-
ment and progress in the general 
curriculum; or 
‘‘(bb) for preschool children, 
as appropriate, how the disability 
affects the child’s participation in 
appropriate activities; 
‘‘(II) a statement of measurable 
annual goals, including academic and 
functional goals, designed to— 
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‘‘(aa) meet the child’s needs 
that result from the child’s dis-
ability to enable the child to be 
involved in and make progress in 
the general curriculum; and 
‘‘(bb) meet each of the child’s 
other educational needs that result 
from the child’s disability; 
‘‘(III) a description of how the 
child’s progress toward meeting the an-
nual goals described in subclause (II) 
will be measured and when periodic re-
ports on the progress the child is mak-
ing toward meeting the annual goals 
(such as through the use of quarterly or 
other periodic reports, concurrent with 
the issuance of report cards) will be 
provided; 
‘‘(IV) a statement of the special 
education and related services, and 
supplementary aids and services, to be 
provided to the child, or on behalf of 
the child, and a statement of the pro-
gram modifications or supports for 
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school personnel that will be provided 
for the child— 
‘‘(aa) 
to 
advance 
appro-
priately toward attaining the an-
nual goals; 
‘‘(bb) to be involved in and 
make progress in the general cur-
riculum in accordance with sub-
clause (I) and to participate in 
extracurricular and other nonaca-
demic activities; and 
‘‘(cc) to be educated and par-
ticipate with other children with 
disabilities and nondisabled chil-
dren in the activities described in 
this paragraph; 
‘‘(V) an explanation of the extent, 
if any, to which the child will not par-
ticipate with nondisabled children in 
the regular class and in the activities 
described in subclause (IV)(cc); 
‘‘(VI)(aa) a statement of any in-
dividual appropriate accommodations 
that are necessary to measure the aca-
demic achievement and functional per-
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formance of the child on State and dis-
trictwide assessments consistent with 
section 612(a)(16)(A); and 
‘‘(bb) if the IEP Team determines 
that the child shall take an alternate 
assessment on a particular State or 
districtwide 
assessment 
of 
student 
achievement, a statement of why— 
‘‘(AA) the child cannot par-
ticipate in the regular assessment; 
and 
‘‘(BB) the particular alter-
nate assessment selected is appro-
priate for the child; 
‘‘(VII) the projected date for the 
beginning of the services and modifica-
tions described in subclause (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 14, and updated annually 
thereafter— 
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‘‘(aa) appropriate measur-
able postsecondary goals based 
upon age appropriate transition 
assessments related to training, 
education, 
employment, 
and, 
where appropriate, independent 
living skills; 
‘‘(bb) the transition services 
(including courses of study) need-
ed by the child to reach those 
goals, including services to be pro-
vided by other agencies when 
needed; and 
‘‘(cc) beginning at least 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.—Noth-
ing in this section shall be construed to re-
quire— 
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‘‘(I) that additional information 
be included in a child’s IEP beyond 
what is explicitly required in this sec-
tion; and 
‘‘(II) the IEP Team to include in-
formation 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 pro-
gram team’ or ‘IEP Team’ means a group of in-
dividuals composed of— 
‘‘(i) the parents of a child with a dis-
ability; 
‘‘(ii) at least 1 regular education 
teacher of such child (if the child is, or may 
be, participating in the regular education 
environment); 
‘‘(iii) at least 1 special education 
teacher, or where appropriate, at least 1 
special education provider of such child; 
‘‘(iv) a representative of the local edu-
cational agency who— 
‘‘(I) is qualified to provide, or su-
pervise the provision of, specially de-
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signed instruction to meet the unique 
needs of children with disabilities; 
‘‘(II) is knowledgeable about the 
general curriculum; and 
‘‘(III) is knowledgeable about the 
availability of resources of the local 
educational agency; 
‘‘(v) an individual who can interpret 
the instructional 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 expertise regarding the 
child, including related services personnel as 
appropriate; and 
‘‘(vii) whenever appropriate, the child 
with a disability. 
‘‘(viii) if the child is a ward of the 
State, another individual with appropriate 
knowledge of the child’s educational needs, 
such as a foster parent, a relative with 
whom the child lives who acts as a parent 
to the child, an attorney for the child, a 
guardian ad litem, a court appointed spe-
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cial advocate, a judge, or an education sur-
rogate. 
‘‘(C) IEP TEAM ATTENDANCE.— 
‘‘(i) ATTENDANCE NOT NECESSARY.—A 
member of the IEP Team shall not be re-
quired to attend an IEP meeting, in whole 
or in part, if that member, the parent of a 
child with a disability, and the local edu-
cational agency agree that the attendance of 
such member is not necessary because no 
modification to the member’s area of the 
curriculum or related services is 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 dis-
cussion of the member’s area of the cur-
riculum or related services, if— 
‘‘(I) that member, the parent, and 
the local educational agency consent to 
the excusal; and 
‘‘(II) the member submits input 
into the development of the IEP prior 
to the meeting. 
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‘‘(iii) WRITTEN AGREEMENT AND CON-
SENT
REQUIRED.—A parent’s agreement 
under clause (i) and consent under clause 
(ii) shall be in writing. 
‘‘(2) REQUIREMENT THAT PROGRAM BE IN EF-
FECT.— 
‘‘(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 its jurisdiction, an in-
dividualized education program, as defined in 
paragraph (1)(A). 
‘‘(B) 
PROGRAM
FOR
CHILD
AGED
THROUGH 5.—In the case of a child with a dis-
ability 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), an individualized family service 
plan that contains the material described in sec-
tion 636, and that is developed in accordance 
with this section, may serve as the IEP of the 
child if using that plan as the IEP is— 
‘‘(i) consistent with State policy; and 
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‘‘(ii) agreed to by the agency and the 
child’s parents. 
‘‘(C) PROGRAM FOR CHILDREN WHO TRANS-
FER SCHOOL DISTRICTS.— 
‘‘(i) IN GENERAL.—In the case of a 
child with a disability, including a home-
less child with a disability, a child with a 
disability who is a ward of the State, or a 
child with a disability in a military fam-
ily, who transfers school districts within the 
same academic year, who enrolls in a new 
school and who had an IEP that was in ef-
fect in the same or another State, the local 
educational agency, State educational agen-
cy, or other State agency, as the case may 
be, shall immediately provide such child 
with a free appropriate public education, 
including comparable services identified in 
the previously held IEP and in consultation 
with the parents until such time as the local 
educational agency, State educational agen-
cy, or other State agency, as the case may 
be, adopts the previously held IEP or devel-
ops, adopts, and implements a new IEP 
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that is consistent with Federal and State 
law. 
‘‘(ii) TRANSMITTAL OF RECORDS.—To 
facilitate the transition for a child described 
in clause (i), the new school in which the 
child enrolls shall immediately request the 
child’s records from the previous schools in 
which the child was enrolled and the pre-
vious schools in which the child was en-
rolled shall immediately transmit to the 
new school, upon such request, the IEP and 
supporting 
documents 
and 
any 
other 
records relating to the provision of special 
education or related services to the child. 
‘‘(3) DEVELOPMENT OF IEP.— 
‘‘(A) IN
GENERAL.—In developing each 
child’s IEP, the IEP Team, subject to subpara-
graph (C), shall consider— 
‘‘(i) the strengths of the child; 
‘‘(ii) the concerns of the parents for en-
hancing the education of their child; 
‘‘(iii) the results of the initial evalua-
tion or most recent evaluation of the child; 
and 
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‘‘(iv) the academic, developmental, and 
functional needs of the child. 
‘‘(B) CONSIDERATION
OF
SPECIAL
FAC-
TORS.—The IEP Team shall— 
‘‘(i) in the case of a child whose behav-
ior impedes the child’s learning or that of 
others, provide for positive behavioral inter-
ventions 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— 
‘‘(I) 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 
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Braille or the use of Braille is not ap-
propriate for the child; and 
‘‘(II) consider, when appropriate, 
instructional services related to func-
tional performance skills, orientation 
and mobility, and skills in the use of 
assistive technology devices, including 
low vision devices; 
‘‘(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 communication 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, in-
cluding opportunities for direct instruction 
in the child’s language and communication 
mode; and 
‘‘(v) consider whether the child requires 
assistive technology devices and services. 
‘‘(C) REQUIREMENT
WITH
RESPECT
TO 
REGULAR EDUCATION TEACHER.—A regular edu-
cation teacher of the child, as a member of the 
IEP Team shall, to the extent appropriate, par-
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ticipate in the development of the IEP of the 
child, including the determination of appro-
priate positive behavioral interventions and sup-
ports, and other strategies, and the determina-
tion of supplementary aids and services, pro-
gram modifications, and support for school per-
sonnel 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 dis-
ability and the local educational agency may 
agree not to convene an IEP meeting for the pur-
poses 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 MEET-
INGS.—To the extent possible, the local edu-
cational agency shall encourage the consolidation 
of reevaluations of a child with IEP Team meet-
ings for the child. 
‘‘(4) REVIEW AND REVISION OF IEP.— 
‘‘(A) IN GENERAL.—The local educational 
agency shall ensure that, subject to subparagraph 
(B), the IEP Team— 
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‘‘(i) reviews the child’s IEP periodi-
cally, but not less than annually, to deter-
mine whether the annual goals for the child 
are being achieved; and 
‘‘(ii) revise the IEP as appropriate to 
address— 
‘‘(I) any lack of expected progress 
toward the annual goals and in the 
general curriculum, where appropriate; 
‘‘(II) the results of any reevalua-
tion conducted under this section; 
‘‘(III) information about the child 
provided to, or by, the parents, as de-
scribed in subsection (c)(1)(B); 
‘‘(IV) 
the 
child’s 
anticipated 
needs; or 
‘‘(V) other matters. 
‘‘(B) REQUIREMENT
WITH
RESPECT
TO 
REGULAR EDUCATION TEACHER.—A regular edu-
cation teacher of the child, as a member of the 
IEP Team, shall, consistent with paragraph 
(1)(C), participate in the review and revision of 
the IEP of the child. 
‘‘(5) THREE-YEAR IEP.— 
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‘‘(A) DEVELOPMENT OF 3-YEAR IEP.—The 
local educational agency may offer a child with 
a disability who has reached the age of 18, the 
option of developing a comprehensive 3-year 
IEP. With the consent of the parent, when ap-
propriate, the IEP Team shall develop an IEP, 
as described in paragraphs (1) and (3), that is 
designed to serve the child for the final 3-year 
transition period, which includes a statement 
of— 
‘‘(i) measurable goals that will enable 
the child to be involved in and make 
progress in the general education cur-
riculum and that will meet the child’s tran-
sitional and postsecondary needs that result 
from the child’s disability; and 
‘‘(ii) measurable annual goals for 
measuring progress toward meeting the 
postsecondary goals described in clause (i). 
‘‘(B) REVIEW
AND
REVISION
OF
3-YEAR 
IEP.— 
‘‘(i) REQUIREMENT.—Each year the 
local educational agency shall ensure that 
the IEP Team— 
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‘‘(I) provides an annual review of 
the child’s IEP to determine the child’s 
current levels of progress and deter-
mine whether the annual goals for the 
child are being achieved; and 
‘‘(II) revises the IEP, as appro-
priate, to enable the child to continue 
to meet the measurable transition goals 
set out in the IEP. 
‘‘(ii) COMPREHENSIVE REVIEW.—If the 
review under clause (i) determines that the 
child is not making sufficient progress to-
ward the goals described in subparagraph 
(A), the local educational agency shall en-
sure that the IEP Team provides a review, 
within 30 calendar days, of the IEP under 
paragraph (4). 
‘‘(iii) PREFERENCE.—At the request of 
the child, or when appropriate, the parent, 
the IEP Team shall conduct a review of the 
child’s 3-year IEP under paragraph (4) 
rather than an annual review under sub-
paragraph (B)(i). 
‘‘(6) FAILURE
TO
MEET
TRANSITION
OBJEC-
TIVES.—If a participating agency, other than the 
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local educational agency, fails to provide the transi-
tion services described in the IEP in accordance with 
paragraph (1)(A)(i)(VIII), the local educational agen-
cy shall reconvene the IEP Team to identify alter-
native strategies to meet the transition objectives for 
the child set out in that program. 
‘‘(7) CHILDREN
WITH
DISABILITIES
IN
ADULT 
PRISONS.— 
‘‘(A) IN GENERAL.—The following require-
ments shall not apply to children with disabil-
ities who are convicted as adults under State law 
and incarcerated in adult prisons: 
‘‘(i) The requirements contained in sec-
tion 612(a)(16) and paragraph (1)(A)(i)(V) 
(relating to participation of children with 
disabilities in general assessments). 
‘‘(ii) The requirements of items (aa) 
and (bb) of paragraph (1)(A)(i)(VIII) (re-
lating to transition planning and transi-
tion services), do not apply with respect to 
such children whose eligibility under this 
part will end, because of their age, before 
they will be released from prison. 
‘‘(B) ADDITIONAL
REQUIREMENT.—If a 
child with a disability is convicted as an adult 
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under State law and incarcerated in an adult 
prison, the child’s IEP Team may modify the 
child’s IEP or placement notwithstanding the re-
quirements 
of 
sections 
612(a)(5)(A) 
and 
614(d)(1)(A) if the State has demonstrated a 
bona fide security or compelling penological in-
terest that cannot otherwise be accommodated. 
‘‘(e) EDUCATIONAL PLACEMENTS.—Each local edu-
cational 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 place-
ment of their child. Decisions regarding the educational 
placement of a child with a disability who is a homeless 
child shall comply with the requirements described under 
section 722(g)(3) of the McKinney-Vento Homeless Assist-
ance Act. 
‘‘(f) ALTERNATIVE MEANS OF MEETING PARTICIPA-
TION.—When conducting IEP Team meetings and place-
ment meetings pursuant to this section, 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 
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agency that receives assistance under this part shall estab-
lish and maintain procedures in accordance with this sec-
tion to ensure that children with disabilities, including chil-
dren with disabilities who are wards of the State, and their 
parents are guaranteed procedural safeguards with respect 
to the provision of free appropriate public education by 
such agencies. 
‘‘(b) TYPES
OF PROCEDURES.—The procedures re-
quired by this section shall include— 
‘‘(1) an opportunity for the parents of a child 
with a disability 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 ap-
propriate public education to such child, and to ob-
tain an independent educational evaluation of the 
child; 
‘‘(2) procedures to protect the rights of the child 
whenever the parents of the child are not known, the 
agency cannot, after reasonable efforts, locate the par-
ents, the child is a ward of the State, or the child is 
a homeless child who is not in the physical custody 
of a parent or guardian including the assignment of 
an individual (who shall not be an employee of the 
State educational agency, the local educational agen-
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cy, or any other agency that is involved in the edu-
cation or care of the child) to act as a surrogate for 
the parents in accordance with subsection (o); 
‘‘(3) written prior notice to the parents of the 
child, in accordance with subsection (c)(1), whenever 
the local educational agency— 
‘‘(A) proposes to initiate or change; or 
‘‘(B) refuses to initiate or change, 
the identification, evaluation, or educational place-
ment of the child, or the provision of a free appro-
priate 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 subsection (e); 
‘‘(6) an opportunity for either party to present 
complaints with respect to any matter relating to the 
identification, evaluation, or educational placement of 
the child, or the provision of a free appropriate public 
education to such child; 
‘‘(7)(A) procedures that require either party, or 
the attorney representing a party, to provide due 
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process complaint notice in accordance with sub-
section (c)(2) (which shall remain confidential)— 
‘‘(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 residence of the child (or available 
contact information in the case of a home-
less 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 con-
tact 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 pro-
posed 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; and 
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‘‘(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 subparagraph (A)(ii); 
‘‘(8) a requirement that the local educational 
agency shall send a prior written notice pursuant to 
subsection (c)(1) in response to a parent’s due process 
complaint notice under paragraph (7) if the local 
educational agency has not sent such a prior written 
notice to the parent regarding the subject matter con-
tained in the parent’s due process complaint notice; 
and 
‘‘(9) procedures that require the State edu-
cational agency to develop a model form to assist par-
ents in filing a complaint and due process complaint 
notice in accordance with paragraphs (6) and (7), re-
spectively. 
‘‘(10) procedures to protect the rights of the child 
whenever the child is a ward of the State, including 
procedures that preserve the rights of the natural or 
adoptive parent to make the decisions required of par-
ents under this Act (unless such rights have been ex-
tinguished under State law) but that permit a child 
who is represented in juvenile court by an attorney, 
guardian ad litem, or another individual, to have 
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such attorney, guardian ad litem, or other individual 
present in any meetings, mediation proceedings, or 
hearings provided under this Act. 
‘‘(c) NOTIFICATION REQUIREMENTS.— 
‘‘(1) CONTENT OF PRIOR WRITTEN NOTICE.—The 
prior written notice of the local educational agency 
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 pro-
poses or refuses to take the action; 
‘‘(C) a description of any other options that 
the agency considered and the reasons why those 
options were rejected; 
‘‘(D) a description of each evaluation proce-
dure, test, record, or report the agency used as a 
basis for the proposed or refused action; 
‘‘(E) a description of any other factors that 
are relevant to the agency’s proposal or refusal; 
‘‘(F) a statement that the parents of a child 
with a disability have protection under the pro-
cedural 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; and 
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‘‘(G) sources for parents to contact to obtain 
assistance in understanding the provisions of 
this part. 
‘‘(2) DUE PROCESS COMPLAINT NOTICE.— 
‘‘(A) IN GENERAL.—The due process com-
plaint 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 that subsection. 
‘‘(B) TIMING.—The party sending a hearing 
officer notification under subparagraph (A) shall 
send the notification within 20 days of receiving 
the complaint. 
‘‘(C) DETERMINATION.—Within 5 days of 
receipt of the notification provided under sub-
paragraph (B), 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 
both parties in writing of such determination. 
‘‘(D) PARENT’S AMENDED NOTICE OF COM-
PLAINT.— 
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‘‘(i) IN
GENERAL.—A parent may 
amend the parent’s due process complaint 
notice only if— 
‘‘(I) the public agency consents in 
writing to such amendment and is 
given the opportunity to resolve the 
complaint through a meeting held pur-
suant to subsection (f)(1)(B); or 
‘‘(II) the hearing officer grants 
permission, but may do so only before 
a due process hearing occurs. 
‘‘(ii) APPLICABLE TIMELINE.—The ap-
plicable timeline for a due process hearing 
under this part shall recommence at the 
time the party files an amended notice. 
‘‘(d) PROCEDURAL SAFEGUARDS NOTICE.— 
‘‘(1) IN
GENERAL.—A copy of the procedural 
safeguards 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 par-
ents— 
‘‘(A) upon initial referral or parental re-
quest for evaluation; 
‘‘(B) upon registration of a complaint 
under subsection (b)(6); and 
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‘‘(C) upon request by a parent. 
‘‘(2) CONTENTS.—The procedural safeguards no-
tice shall include a full explanation of the procedural 
safeguards, written in the native language of the par-
ents, unless it clearly is not feasible to do so, and 
written in an easily understandable manner, avail-
able under this section and under regulations promul-
gated 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 placement in an interim alternative edu-
cational setting; 
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‘‘(H) requirements for unilateral placement 
by parents of children in private schools at pub-
lic expense; 
‘‘(I) due process hearings, including re-
quirements 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) attorney’s fees. 
‘‘(e) MEDIATION.— 
‘‘(1) IN GENERAL.—Any State educational agen-
cy or local educational agency that receives assistance 
under this part shall ensure that procedures are estab-
lished 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 mediation 
process. 
‘‘(2) REQUIREMENTS.—Such procedures shall 
meet the following requirements: 
‘‘(A) The procedures shall ensure that the 
mediation process— 
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‘‘(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 
‘‘(iii) is conducted by a qualified and 
impartial mediator who is trained in effec-
tive mediation techniques. 
‘‘(B) OPPORTUNITY TO MEET WITH A DISIN-
TERESTED PARTY.—A local educational agency 
or a State agency may establish procedures to 
offer to parents and schools who choose not to use 
the mediation process, an opportunity to meet, 
at a time and location convenient to the parents, 
with a disinterested party who is under contract 
with— 
‘‘(i) a parent training and informa-
tion center or community parent resource 
center in the State established under section 
671 or 672; or 
‘‘(ii) an appropriate alternative dis-
pute resolution entity, 
to encourage the use, and explain the benefits, of 
the mediation process to the parents. 
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‘‘(C) LIST OF QUALIFIED MEDIATORS.—The 
State shall maintain a list of individuals who 
are qualified mediators and knowledgeable in 
laws and regulations relating to the provision of 
special education and related services. 
‘‘(D) COSTS.—The State shall bear the cost 
of the mediation process, including the costs of 
meetings described in subparagraph (B). 
‘‘(E) SCHEDULING
AND
LOCATION.—Each 
session in the mediation process shall be sched-
uled in a timely manner and shall be held in a 
location that is convenient to the parties to the 
dispute. 
‘‘(F) WRITTEN MEDIATION AGREEMENT.— 
An agreement reached by the parties to the dis-
pute in the mediation process shall be set forth 
in a written mediation agreement that is en-
forceable in any State court of competent juris-
diction or in a district court of the United 
States. 
‘‘(G) 
MEDIATION
DISCUSSIONS.—Discus-
sions that occur during the mediation process 
shall be confidential and may not be used as evi-
dence in any subsequent due process hearings or 
civil proceedings, and the parties to the medi-
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ation process may be required to sign a confiden-
tiality pledge prior to the commencement of such 
process. 
‘‘(f) IMPARTIAL DUE PROCESS HEARING.— 
‘‘(1) IN GENERAL.— 
‘‘(A) HEARING.—Whenever a complaint has 
been received under subsection (b)(6) or (k), the 
parents or the local educational agency involved 
in such complaint shall have an opportunity for 
an impartial due process hearing, which shall be 
conducted by the State educational agency or by 
the local educational agency, as determined by 
State law or by the State educational agency. 
‘‘(B) OPPORTUNITY
TO
RESOLVE
COM-
PLAINT.— 
‘‘(i) PRELIMINARY MEETING.—Prior to 
the opportunity for an impartial due proc-
ess hearing under subparagraph (A), the 
local educational agency shall convene a 
meeting with the parents and the IEP 
Team— 
‘‘(I) within 15 days of receiving 
notice of the parents’ complaint; 
‘‘(II) which shall include a rep-
resentative of the public agency who 
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has decisionmaking authority on behalf 
of such agency; 
‘‘(III) which may not include an 
attorney of the local educational agen-
cy unless the parent is accompanied by 
an attorney; and 
‘‘(IV) where the parents of the 
child discuss their complaint, and the 
specific issues that form the basis of the 
complaint, and the local educational 
agency is provided the opportunity to 
resolve the complaint, 
unless the parents and the local educational 
agency agree in writing to waive such meet-
ing, or agree to use the mediation process 
described in subsection (e). 
‘‘(ii) HEARING.—If the local edu-
cational agency has not resolved the com-
plaint to the satisfaction of the parents 
within 15 days of the receipt of the com-
plaint, the due process hearing may occur, 
and all of the applicable timelines for a due 
process hearing under this part shall com-
mence. 
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‘‘(iii) WRITTEN SETTLEMENT AGREE-
MENT.—In the case that an agreement is 
reached to resolve the complaint at such 
meeting, the agreement shall be set forth in 
a written settlement agreement that is— 
‘‘(I) signed by both the parent and 
a representative of the public agency 
who has decisionmaking authority on 
behalf of such agency; and 
‘‘(II) enforceable in any State 
court of competent jurisdiction or in a 
district court of the United States. 
‘‘(2) DISCLOSURE
OF
EVALUATIONS
AND
REC-
OMMENDATIONS.— 
‘‘(A) IN GENERAL.—Not less than 5 business 
days prior to a hearing conducted pursuant to 
paragraph (1), each party shall disclose to all 
other parties all evaluations completed by that 
date, and recommendations based on the offering 
party’s evaluations, that the party intends to use 
at the hearing. 
‘‘(B) FAILURE TO DISCLOSE.—A hearing of-
ficer may bar any party that fails to comply 
with subparagraph (A) from introducing the rel-
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evant evaluation or recommendation at the hear-
ing without the consent of the other party. 
‘‘(3) LIMITATIONS ON HEARING.— 
‘‘(A) PERSON
CONDUCTING
HEARING.—A 
hearing officer conducting a hearing pursuant to 
paragraph (1)(A) shall, at a minimum— 
‘‘(i) not be— 
‘‘(I) an employee of the State edu-
cational agency or the local edu-
cational agency involved in the edu-
cation or care of the child; or 
‘‘(II) a person having a personal 
or professional interest that conflicts 
with the person’s objectivity in the 
hearing; 
‘‘(ii) possess a fundamental under-
standing of this Act, Federal and State reg-
ulations pertaining to this Act, and inter-
pretations of this Act by State and Federal 
courts; 
‘‘(iii) possess the knowledge and ability 
to conduct hearings in accordance with ap-
propriate, standard legal practice; and 
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‘‘(iv) possess the knowledge and ability 
to render and write decisions in accordance 
with appropriate, standard legal practice. 
‘‘(B) SUBJECT MATTER OF HEARING.—The 
party requesting the due process hearing shall 
not be allowed to raise issues at the due process 
hearing that were not raised in the notice filed 
under subsection (b)(7), unless the other party 
agrees otherwise. 
‘‘(C) RULE OF CONSTRUCTION.—Nothing in 
this section shall be construed to preclude a par-
ent from filing a separate due process complaint 
on an issue separate from a due process com-
plaint already filed. 
‘‘(D) TIMELINE
FOR
REQUESTING
HEAR-
ING.—A parent or public agency shall request an 
impartial due process hearing within 2 years of 
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 requesting 
such a hearing under this part, in such time as 
the State law allows. 
‘‘(E) EXCEPTION TO THE TIMELINE.—The 
timeline described in subparagraph (D) shall not 
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apply if the parent was prevented from request-
ing the hearing due to— 
‘‘(i) failure of the local educational 
agency to provide prior written or proce-
dural safeguards notices; 
‘‘(ii) false representations that the local 
educational agency was attempting to re-
solve the problem forming the basis of the 
complaint; or 
‘‘(iii) the local educational agency’s 
withholding of information from parents. 
‘‘(F) DECISION OF HEARING OFFICER.— 
‘‘(i) IN
GENERAL.—Subject to clause 
(ii), a decision made by a hearing officer 
shall be made on substantive grounds based 
on a determination of whether the child re-
ceived a free appropriate public education. 
‘‘(ii) PROCEDURAL ISSUES.—In mat-
ters alleging a procedural violation, a hear-
ing officer may find that a child did not re-
ceive a free appropriate public education 
only if the procedural inadequacies— 
‘‘(I) compromised the child’s right 
to an appropriate public education; 
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‘‘(II) seriously hampered the par-
ents’ opportunity to participate in the 
process; or 
‘‘(III) caused a deprivation of 
educational benefits. 
‘‘(iii) RULE OF CONSTRUCTION.—Noth-
ing in this paragraph shall be construed to 
preclude a hearing officer from ordering a 
local educational agency to comply with 
procedural requirements under this section. 
‘‘(G) RULE OF CONSTRUCTION.—Nothing in 
this section shall be construed to affect the right 
of a parent to file a complaint with the State 
educational agency. 
‘‘(g) APPEAL.—If the hearing required by subsection 
(f) is conducted by a local educational agency, any party 
aggrieved by the findings and decision rendered in such a 
hearing may appeal such findings and decision to the State 
educational agency. Such State educational agency shall 
conduct an impartial review of such decision. The officer 
conducting such review shall make an independent decision 
upon completion of such review. 
‘‘(h) SAFEGUARDS.—Any party to a hearing conducted 
pursuant to subsection (f) or (k), or an appeal conducted 
pursuant to subsection (g), shall be accorded— 
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‘‘(1) the right to be accompanied and advised by 
counsel and by individuals with special knowledge or 
training with respect to the problems of children with 
disabilities; 
‘‘(2) the right to present evidence and confront, 
cross-examine, and compel the attendance of wit-
nesses; 
‘‘(3) the right to a written, or, at the option of 
the parents, electronic verbatim record of such hear-
ing; and 
‘‘(4) the right to a written, or, at the option of 
the parents, electronic findings of fact and decisions, 
which findings and decisions— 
‘‘(A) shall be made available to the public 
consistent with the requirements of section 617(b) 
(relating to the confidentiality of data, informa-
tion, and records); and 
‘‘(B) shall be transmitted to the advisory 
panel established pursuant to section 612(a)(20). 
‘‘(i) ADMINISTRATIVE PROCEDURES.— 
‘‘(1) IN GENERAL.— 
‘‘(A) DECISION MADE IN HEARING.—A deci-
sion made in a hearing conducted pursuant to 
subsection (f) or (k) shall be final, except that 
any party involved in such hearing may appeal 
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such decision under the provisions of subsection 
(g) and paragraph (2). 
‘‘(B) DECISION MADE AT APPEAL.—A deci-
sion made under subsection (g) shall be final, ex-
cept that any party may bring an action under 
paragraph (2). 
‘‘(2) RIGHT TO BRING CIVIL ACTION.— 
‘‘(A) IN GENERAL.—Any party aggrieved by 
the findings and decision made under subsection 
(f) or (k) who does not have the right to an ap-
peal under subsection (g), and any party ag-
grieved by the findings and decision under this 
subsection, shall have the right to bring a civil 
action with respect to the complaint presented 
pursuant to this section, which action may be 
brought in any State court of competent jurisdic-
tion or in a district court of the United States, 
without regard to the amount in controversy. 
‘‘(B) LIMITATION.—The party bringing the 
action shall have 90 days from the date of the de-
cision of the hearing officer to bring such an ac-
tion, or, if the State has an explicit time limita-
tion for bringing such action under this part, in 
such time as the State law allows. 
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‘‘(C) ADDITIONAL REQUIREMENTS.—In any 
action brought under this paragraph, the court— 
‘‘(i) shall receive the records of the ad-
ministrative proceedings; 
‘‘(ii) shall hear additional evidence at 
the request of a party; and 
‘‘(iii) basing its decision on the pre-
ponderance of the evidence, shall grant such 
relief as the court determines is appro-
priate. 
‘‘(3) JURISDICTION OF DISTRICT COURTS; ATTOR-
NEYS’ FEES.— 
‘‘(A) IN GENERAL.—The district courts of 
the United States shall have jurisdiction of ac-
tions brought under this section without regard 
to the amount in controversy. 
‘‘(B) AWARD OF ATTORNEYS’ FEES.— 
‘‘(i) IN GENERAL.—In any action or 
proceeding brought under this section, the 
court, in its discretion, may award reason-
able attorneys’ fees as part of the costs— 
‘‘(I) to a prevailing party who is 
the parent of a child with a disability; 
‘‘(II) to a prevailing party who is 
a State educational agency or local 
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educational agency against the attor-
ney of a parent who files a complaint 
or subsequent cause of action that is 
frivolous, unreasonable, or without 
foundation, or against the attorney of 
a parent who continued to litigate 
after the litigation clearly became friv-
olous, unreasonable, or without founda-
tion; or 
‘‘(III) to a State educational 
agency or local educational agency 
against the attorney of a parent, or 
against the parent, if the parent’s com-
plaint or subsequent cause of action 
was presented for any improper pur-
pose, such as to harass or to cause un-
necessary delay or needless increase in 
the cost of litigation. 
‘‘(ii) RULE OF CONSTRUCTION.—Noth-
ing in this subparagraph shall be construed 
to affect section 432 of the District of Co-
lumbia Appropriations Act, 2004. 
‘‘(C) DETERMINATION OF AMOUNT OF AT-
TORNEYS’ FEES.—Fees awarded under this para-
graph shall be based on rates prevailing in the 
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community in which the action or proceeding 
arose for the kind and quality of services fur-
nished. No bonus or multiplier may be used in 
calculating the fees awarded under this sub-
section. 
‘‘(D) PROHIBITION
OF
ATTORNEYS’ FEES 
AND RELATED COSTS FOR CERTAIN SERVICES.— 
‘‘(i) IN GENERAL.—Attorneys’ fees may 
not be awarded and related costs may not 
be reimbursed in any action or proceeding 
under this section for services performed 
subsequent to the time of a written offer of 
settlement to a parent if— 
‘‘(I) the offer is made within the 
time prescribed by Rule 68 of the Fed-
eral Rules of Civil Procedure or, in the 
case of an administrative proceeding, 
at any time more than 10 days before 
the proceeding begins; 
‘‘(II) the offer is not accepted 
within 10 days; and 
‘‘(III) the court or administrative 
hearing officer finds that the relief fi-
nally obtained by the parents is not 
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more favorable to the parents than the 
offer of settlement. 
‘‘(ii) IEP TEAM
MEETINGS.—Attor-
neys’ fees may not be awarded relating to 
any meeting of the IEP Team unless such 
meeting is convened as a result of an ad-
ministrative proceeding or judicial action, 
or, at the discretion of the State, for a medi-
ation described in subsection (e). 
‘‘(iii) OPPORTUNITY TO RESOLVE COM-
PLAINTS.—A meeting conducted pursuant to 
subsection (f)(1)(B)(i) shall not be consid-
ered— 
‘‘(I) a meeting convened as a re-
sult of an administrative hearing or 
judicial action; or 
‘‘(II) an administrative hearing 
or judicial action for purposes of this 
paragraph. 
‘‘(E) EXCEPTION TO PROHIBITION ON AT-
TORNEYS’ FEES AND RELATED COSTS.—Notwith-
standing subparagraph (D), an award of attor-
neys’ fees and related costs may be made to a 
parent who is the prevailing party and who was 
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substantially justified in rejecting the settlement 
offer. 
‘‘(F) REDUCTION
IN
AMOUNT
OF
ATTOR-
NEYS’ FEES.—Except as provided in subpara-
graph (G), whenever the court finds that— 
‘‘(i) the parent, or the parent’s attor-
ney, during the course of the action or pro-
ceeding, unreasonably protracted the final 
resolution of the controversy; 
‘‘(ii) the amount of the attorneys’ fees 
otherwise authorized to be awarded unrea-
sonably exceeds the hourly rate prevailing 
in the community for similar services by at-
torneys of reasonably comparable skill, rep-
utation, and experience; 
‘‘(iii) the time spent and legal services 
furnished were excessive considering the na-
ture of the action or proceeding; or 
‘‘(iv) the attorney representing the par-
ent did not provide to the local educational 
agency the appropriate information in the 
notice of the complaint described in sub-
section (b)(7)(A), 
the court shall reduce, accordingly, the amount of 
the attorneys’ fees awarded under this section. 
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‘‘(G) EXCEPTION TO REDUCTION IN AMOUNT 
OF ATTORNEYS’ FEES.—The provisions of sub-
paragraph (F) shall not apply in any action or 
proceeding if the court finds that the State or 
local educational agency unreasonably protracted 
the final resolution of the action or proceeding or 
there was a violation of this section. 
‘‘(4) PARENTS REPRESENTING THEIR CHILDREN 
IN COURT.—Subject to subsection (m), and notwith-
standing any other provision of Federal law regard-
ing attorney representation (including the Federal 
Rules of Civil Procedure), a parent of a child with a 
disability may represent the child in any action 
under this part in Federal or State court, without the 
assistance of an attorney. 
‘‘(j) 
MAINTENANCE
OF
CURRENT
EDUCATIONAL 
PLACEMENT.—Except as provided in subsection (k)(4), dur-
ing the pendency of any proceedings conducted pursuant 
to this section, unless the State or local educational agency 
and the parents otherwise agree, the child shall remain in 
the then-current educational placement of such child, or, if 
applying for initial admission to a public school, shall, 
with the consent of the parents, be placed in the public 
school program until all such proceedings have been com-
pleted. 
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‘‘(k) PLACEMENT IN ALTERNATIVE EDUCATIONAL SET-
TING.— 
‘‘(1) AUTHORITY OF SCHOOL PERSONNEL.— 
‘‘(A) IN GENERAL.—School personnel under 
this section may order a change in the placement 
of a child with a disability who violates a code 
of student conduct to an appropriate interim al-
ternative educational setting, another setting, or 
suspension, for not more than 10 school days (to 
the extent such alternatives are applied to chil-
dren without disabilities). 
‘‘(B) ADDITIONAL
AUTHORITY.—If school 
personnel seek to order a change in placement 
that would exceed 10 school days and the behav-
ior that gave rise to the violation of the school 
code is determined not to be a manifestation of 
the child’s disability pursuant to subparagraph 
(C), the relevant disciplinary procedures appli-
cable to children without disabilities may be ap-
plied to the child in the same manner in which 
the procedures would be applied to children with-
out disabilities, except as provided in section 
612(a)(1). 
‘‘(C) MANIFESTATION DETERMINATION.— 
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‘‘(i) IN GENERAL.—Except as provided 
in subparagraphs (A) and (D), within 10 
school days of any decision to change the 
placement of a child with a disability be-
cause of a violation of a code of student con-
duct, the IEP Team shall review all rel-
evant information in the student’s file, any 
information provided by the parents, and 
teacher observations, to determine— 
‘‘(I) if the conduct in question 
was the result of the child’s disability; 
or 
‘‘(II) if the conduct in question 
resulted from the failure to implement 
the IEP or to implement behavioral 
interventions as required by section 
614(d)(3)(B)(i). 
‘‘(ii) MANIFESTATION.—If the IEP 
Team determines that either subclause (I) 
or (II) of clause (i) is applicable for the 
child, the conduct shall be determined to be 
a manifestation of the child’s disability. 
‘‘(D) SPECIAL
CIRCUMSTANCES.—In cases 
where a child— 
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‘‘(i) carries or possesses a weapon to or 
at school, on school premises, or to or at a 
school function under the jurisdiction of a 
State or local educational agency; or 
‘‘(ii) knowingly possesses or uses illegal 
drugs, or sells or solicits the sale of a con-
trolled substance, while at school or a school 
function under the jurisdiction of a State or 
local educational agency; or 
‘‘(iii) has committed serious bodily in-
jury upon another person while at school or 
at a school function under the jurisdiction 
of a State or local educational agency, 
school personnel may remove a student to an in-
terim alternative educational setting for not 
more than 45 school days, without regard to 
whether the behavior is determined to be a mani-
festation of the child’s disability. 
‘‘(E) NOTIFICATION.—Not later than the 
date on which the decision to take disciplinary 
action is made, the local educational agency 
shall notify the parents of that decision, and of 
all procedural safeguards accorded under this 
section. 
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‘‘(F) SERVICES.—A child with a disability 
who is removed from the child’s current place-
ment under subparagraph (B) or (D) shall— 
‘‘(i) continue to receive educational 
services pursuant to section 612(a)(1), so as 
to enable the child to continue to partici-
pate in the general education curriculum, 
although in another setting, and to progress 
toward meeting the goals set out in the 
child’s IEP; and 
‘‘(ii) receive behavioral intervention 
services 
as 
described 
in 
section 
614(d)(3)(B)(i), and a functional behavioral 
assessment (but only if the local educational 
agency did not conduct such an assessment 
before the violation occurred), designed to 
address the behavior violation so that the 
violation does not recur. 
‘‘(2) DETERMINATION OF SETTING.—The alter-
native educational setting shall be determined by the 
IEP Team. 
‘‘(3) APPEAL.— 
‘‘(A) IN GENERAL.—The parent of a child 
with a disability who disagrees with any deci-
sion regarding disciplinary action, placement, or 
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the manifestation determination under this sub-
section, or a local educational agency that be-
lieves that maintaining the current placement of 
the child is substantially likely to result in in-
jury to the child or to others, may request a 
hearing. 
‘‘(B) AUTHORITY OF HEARING OFFICER.— 
‘‘(i) IN GENERAL.—If a parent of a 
child with a disability disagrees with a de-
cision as described in subparagraph (A), the 
hearing officer may determine whether the 
decision regarding such action was appro-
priate. 
‘‘(ii) 
CHANGE
OF
PLACEMENT 
ORDER.—A hearing officer under this sec-
tion may order a change in placement of a 
child with a disability to an appropriate 
interim alternative educational setting for 
not more than 45 school days if the hearing 
officer determines that maintaining the cur-
rent placement of such child is substantially 
likely to result in injury to the child or to 
others. 
‘‘(4) PLACEMENT
DURING
APPEALS.—When a 
parent requests a hearing regarding a disciplinary 
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procedure described in paragraph (1)(B) or challenges 
the interim alternative educational setting or mani-
festation determination— 
‘‘(A) the child shall remain in the interim 
alternative educational setting pending the deci-
sion of the hearing officer or until the expiration 
of the time period provided for in paragraph 
(1)(B), whichever occurs first, unless the parent 
and the State or local educational agency agree 
otherwise; and 
‘‘(B) the State or local educational agency 
shall arrange for an expedited hearing, which 
shall occur within 20 school days of the date the 
hearing is requested. 
‘‘(5) PROTECTIONS FOR CHILDREN NOT YET ELI-
GIBLE FOR SPECIAL EDUCATION AND RELATED SERV-
ICES.— 
‘‘(A) IN GENERAL.—A child who has not 
been determined to be eligible for special edu-
cation and related services under this part and 
who has engaged in behavior that violates a code 
of student conduct, may assert any of the protec-
tions provided for in this part if the local edu-
cational agency had knowledge (as determined in 
accordance with this paragraph) that the child 
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was a child with a disability before the behavior 
that precipitated the disciplinary action oc-
curred. 
‘‘(B) BASIS OF KNOWLEDGE.—A local edu-
cational agency shall be deemed to have knowl-
edge that a child is a child with a disability if, 
before the behavior that precipitated the discipli-
nary action occurred— 
‘‘(i) the parent of the child has ex-
pressed concern in writing (unless the par-
ent is illiterate or has a disability that pre-
vents compliance with the requirements con-
tained in this clause) to personnel of the ap-
propriate educational agency that the child 
is in need of special education and related 
services; 
‘‘(ii) the parent of the child has re-
quested an evaluation of the child pursuant 
to section 614; 
‘‘(iii) the teacher of the child, or other 
personnel of the local educational agency, 
has expressed concern about a pattern of be-
havior demonstrated by the child, to the di-
rector of special education of such agency or 
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to other administrative personnel of the 
agency; or 
‘‘(iv) the child has engaged in a pat-
tern of behavior that should have alerted 
personnel of the local educational agency 
that the child may be in need of special 
education and related services. 
‘‘(C) 
EXCEPTION.—A 
local 
educational 
agency shall not be deemed to have knowledge 
that the child has a disability if the parent of the 
child has not agreed to allow an evaluation of 
the child pursuant to section 614. 
‘‘(D) CONDITIONS THAT APPLY IF NO BASIS 
OF KNOWLEDGE.— 
‘‘(i) IN
GENERAL.—If a local edu-
cational agency does not have knowledge 
that a child is a child with a disability (in 
accordance with subparagraph (B) or (C)) 
prior to taking disciplinary measures 
against the child, the child may be subjected 
to disciplinary measures applied to children 
without disabilities who engaged in com-
parable behaviors consistent with clause 
(ii). 
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‘‘(ii) LIMITATIONS.—If a request is 
made for an evaluation of a child during 
the time period in which the child is sub-
jected to disciplinary measures under para-
graph (1), the evaluation shall be conducted 
in an expedited manner. If the child is de-
termined to be a child with a disability, 
taking into consideration information from 
the evaluation conducted by the agency and 
information provided by the parents, the 
agency shall provide special education and 
related services in accordance with this 
part, except that, pending the results of the 
evaluation, the child shall remain in the 
educational placement determined by school 
authorities. 
‘‘(6) REFERRAL
TO
AND
ACTION
BY
LAW
EN-
FORCEMENT AND JUDICIAL AUTHORITIES.— 
‘‘(A) CONSTRUCTION.—Nothing in this part 
shall be construed to prohibit an agency from re-
porting a crime committed by a child with a dis-
ability to appropriate authorities or to prevent 
State law enforcement and judicial authorities 
from exercising their responsibilities with regard 
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to the application of Federal and State law to 
crimes committed by a child with a disability. 
‘‘(B) 
TRANSMITTAL
OF
RECORDS.—An 
agency reporting a crime committed by a child 
with a disability shall ensure that copies of the 
special education and disciplinary records of the 
child are transmitted for consideration by the 
appropriate authorities to whom the agency re-
ports the crime. 
‘‘(7) DEFINITIONS.—For purposes of this sub-
section, the following definitions apply: 
‘‘(A) CONTROLLED SUBSTANCE.—The term 
‘controlled substance’ means a drug or other sub-
stance identified under schedule I, II, III, IV, or 
V in section 202(c) of the Controlled Substances 
Act (21 U.S.C. 812(c)). 
‘‘(B) ILLEGAL
DRUG.—The term ‘illegal 
drug’ means a controlled substance but does not 
include a controlled substance that is legally pos-
sessed or used under the supervision of a licensed 
health-care professional or that is legally pos-
sessed or used under any other authority under 
that Act or under any other provision of Federal 
law. 
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‘‘(C) WEAPON.—The term ‘weapon’ has the 
meaning given the term ‘dangerous weapon’ 
under section 930(g)(2) of title 18, United States 
Code. 
‘‘(D) SERIOUS BODILY INJURY.—The term 
‘serious bodily injury’ has the meaning given the 
term ‘serious bodily injury’ under paragraph (3) 
of subsection (h) of section 1365 of title 18, 
United States Code. 
‘‘(l) RULE OF CONSTRUCTION.—Nothing in this title 
shall be construed to restrict or limit the rights, procedures, 
and remedies available under the Constitution, the Ameri-
cans with Disabilities Act of 1990, title V of the Rehabilita-
tion Act of 1973, or other Federal laws protecting the rights 
of children with disabilities, or under subtitle B of title VII 
of the McKinney-Vento Homeless Assistance Act or parts 
B and E of title IV of the Social Security Act, except that 
before the filing of a civil action under such laws seeking 
relief that is also available under this part, the procedures 
under subsections (f) and (g) shall be exhausted to the same 
extent as would be required had the action been brought 
under this part. 
‘‘(m) TRANSFER OF PARENTAL RIGHTS AT AGE OF 
MAJORITY.— 
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‘‘(1) IN
GENERAL.—A State that receives 
amounts from a grant under this part may provide 
that, when a child with a disability reaches the age 
of majority under State law (except for a child with 
a disability who has been determined to be incom-
petent under State law)— 
‘‘(A) the public agency shall provide any 
notice required by this section to both the indi-
vidual and the parents; 
‘‘(B) all other rights accorded to parents 
under this part transfer to the child; 
‘‘(C) the agency shall notify the individual 
and the parents of the transfer of rights; and 
‘‘(D) all rights accorded to parents under 
this part transfer to children who are incarcer-
ated in an adult or juvenile Federal, State, or 
local correctional institution. 
‘‘(2) SPECIAL
RULE.—If, under State law, a 
child with a disability who has reached the age of 
majority under State law, who has not been deter-
mined to be incompetent, but who is determined not 
to have the ability to provide informed consent with 
respect to the educational program of the child, the 
State shall establish procedures for appointing the 
parent of the child, or if the parent is not available, 
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another appropriate individual, to represent the edu-
cational interests of the child throughout the period of 
eligibility of the child under this part. 
‘‘(n) E-MAIL.—A parent of a child with a disability 
may elect to receive notices required under this section by 
e-mail communication, if the public agency makes such op-
tion available. 
‘‘(o) SURROGATE PARENT.— 
‘‘(1) ASSIGNMENT.—The assignment of a surro-
gate under subsection (b)(2) shall take place not more 
than 30 days after either of the following takes place: 
‘‘(A) The child is referred to the local edu-
cational agency for an initial evaluation to de-
termine if the child is a child with a disability. 
‘‘(B) There is a determination made by the 
agency that the child needs a surrogate parent 
because the child’s parent cannot be identified, 
the child becomes a ward of the State, or, despite 
reasonable efforts to do so, the agency cannot dis-
cover the whereabouts of the parent of the child. 
‘‘(2) REQUIREMENTS OF SURROGATE.—An indi-
vidual may not be assigned to act as a surrogate for 
the parents under subsection (b)(2) unless the indi-
vidual— 
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‘‘(A) signs a written form agreeing to make 
the educational decisions required of parents 
under this Act; 
‘‘(B)(i) has the knowledge and skills nec-
essary to ensure adequate representation of the 
child; or 
‘‘(ii) agrees to be trained as an educational 
surrogate; and 
‘‘(C) has no interests that would conflict 
with the interests of the child. 
‘‘(3) FOSTER PARENT AS SURROGATE.—A foster 
parent of a child may be assigned to act as a surro-
gate for the parents of such child under subsection 
(b)(2) if the foster parent— 
‘‘(A) has an ongoing, long-term parental re-
lationship with the child; 
‘‘(B) agrees to make the educational deci-
sions required of parents under this Act; 
‘‘(C) agrees to be trained as an educational 
surrogate; and 
‘‘(D) has no interest that would conflict 
with the interests of the child. 
‘‘SEC. 616. MONITORING, TECHNICAL ASSISTANCE, AND EN-
FORCEMENT. 
‘‘(a) FEDERAL AND STATE MONITORING.— 
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‘‘(1) IN GENERAL.—The Secretary shall— 
‘‘(A) monitor implementation of this Act 
through— 
‘‘(i) oversight of the States’ exercise of 
general supervision, as required in section 
612(a)(11); and 
‘‘(ii) the system of indicators, described 
in subsection (b)(2); and 
‘‘(B) enforce this Act in accordance with 
subsection (c); and 
‘‘(C) require States to monitor implementa-
tion of this Act by local educational agencies and 
enforce this Act in accordance with paragraph 
(3) of this subsection and subsection (c). 
‘‘(2) FOCUSED MONITORING.—The primary focus 
of Federal and State monitoring activities described 
in paragraph (1) shall be on improving educational 
results and functional outcomes for all children with 
disabilities, while ensuring compliance with program 
requirements, with a particular emphasis on those re-
quirements that are most closely related to improving 
educational results for children with disabilities. 
‘‘(3) MONITORING
PRIORITIES.—The Secretary 
shall monitor, and shall require States to monitor, the 
following priority areas: 
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‘‘(A) Provision of a free appropriate public 
education in the least restrictive environment. 
‘‘(B) Provision of transition services, as de-
fined in section 602(33). 
‘‘(C) State exercise of general supervisory 
authority, including the effective use of com-
plaint resolution and mediation. 
‘‘(D) Overrepresentation of racial and eth-
nic groups in special education and related serv-
ices, to the extent the overrepresentation is the 
result of inappropriate policies, procedures, and 
practices. 
‘‘(4) PERMISSIVE AREAS OF REVIEW.—The Sec-
retary may examine other relevant information and 
data, including data provided by States under section 
618, and data from the State’s compliance plan under 
subsection (b)(2)(C). 
‘‘(b) INDICATORS.— 
‘‘(1) SYSTEM.—The Secretary shall implement 
and administer a system of required indicators as de-
scribed in paragraph (2) that measures the progress 
of States in improving their performance under this 
Act. 
‘‘(2) INDICATORS.— 
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‘‘(A) IN GENERAL.—Using the performance 
indicators established by States under section 
612(a)(15), the Secretary shall review— 
‘‘(i) the performance of children with 
disabilities in the State on assessments, in-
cluding alternate assessments, dropout rates, 
and graduation rates, which for purposes of 
this paragraph means the number and per-
centage of students with disabilities who 
graduate with a regular diploma within the 
number of years specified in a student’s 
IEP; and 
‘‘(ii) the performance of children with 
disabilities in the State on assessments, in-
cluding alternate assessments, dropout rates, 
and graduation rates, as compared to the 
performance and rates for all children. 
‘‘(B) SECRETARY’S ASSESSMENT.—Based on 
that review and a review of the State’s compli-
ance plan under subparagraph (C), the Secretary 
shall assess the State’s progress in improving 
educational results for children with disabilities. 
‘‘(C) STATE COMPLIANCE PLAN.—Not later 
than 1 year after the date of the enactment of the 
Individuals with Disabilities Education Im-
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provement Act of 2004, each State shall have in 
place a compliance plan developed in collabora-
tion with the Secretary. Each State’s compliance 
plan shall— 
‘‘(i) include benchmarks to measure 
continuous progress on the priority areas 
described in subsection (a)(3); 
‘‘(ii) describe strategies the State will 
use to achieve the benchmarks; and 
‘‘(iii) be approved by the Secretary. 
‘‘(D) PUBLIC REPORTING AND PRIVACY.— 
‘‘(i) IN GENERAL.—After the Secretary 
approves a State’s compliance plan under 
subparagraph (C), the State shall use the 
benchmarks in the plan and the indicators 
described in this subsection to analyze the 
progress of each local educational agency in 
the State on those benchmarks and indica-
tors. 
‘‘(ii) REPORT.—The State shall report 
annually to the public on each local edu-
cational agency’s progress under clause (i), 
except where doing so would result in the 
disclosure of personally identifiable infor-
mation about individual children or where 
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the available data is insufficient to yield 
statistically reliable information. 
‘‘(3) DATA
COLLECTION
AND
ANALYSIS.—The 
Secretary shall— 
‘‘(A) review the data collection and analysis 
capacity of States to ensure that data and infor-
mation determined necessary for implementation 
of this subsection is collected, analyzed, and ac-
curately reported to the Secretary; and 
‘‘(B) provide technical assistance to improve 
the capacity of States to meet these data collec-
tion requirements. 
‘‘(c) COMPLIANCE AND ENFORCEMENT.— 
‘‘(1) IN GENERAL.—The Secretary shall examine 
relevant State information and data annually, to de-
termine whether the State is making satisfactory 
progress toward improving educational results for 
children with disabilities using the indicators de-
scribed in subsection (b)(2)(A) and the benchmarks es-
tablished in the State compliance plan under sub-
section (b)(2)(C), and is in compliance with the pro-
visions of this Act. 
‘‘(2) LACK OF SATISFACTORY PROGRESS BY A 
STATE.— 
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‘‘(A) IN
GENERAL.—If after examining 
data, as provided in subsection (b)(2) (A) and 
(C), the Secretary determines that a State failed 
to make satisfactory progress in meeting the in-
dicators described in subsection (b)(2)(A) or has 
failed to meet the benchmarks described in sub-
section (b)(2)(C) for 2 consecutive years after the 
State has developed its compliance plan, the Sec-
retary shall notify the State that the State has 
failed to make satisfactory progress, and shall 
take 1 or more of the following actions: 
‘‘(i) Direct the use of State level funds 
for technical assistance, services, or other 
expenditures to ensure that the State re-
solves the area or areas of unsatisfactory 
progress. 
‘‘(ii) Withhold not less than 20, but not 
more than 50, percent of the State’s funds 
for State administration and activities for 
the fiscal year under section 611(e), after 
providing the State the opportunity to show 
cause why the withholding should not occur, 
until the Secretary determines that suffi-
cient progress has been made in improving 
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educational results for children with dis-
abilities. 
‘‘(B) ADDITIONAL SECRETARIAL ACTION.— 
If, at the end of the 5th year after the Secretary 
has approved the compliance plan that the State 
has developed under subsection (b)(2)(C), the 
Secretary determines that a State failed to meet 
the benchmarks in the State compliance plan 
and make satisfactory progress in improving 
educational results for children with disabilities 
pursuant to the indicators described in sub-
section (b)(2)(A), the Secretary shall take 1 or 
more of the following actions: 
‘‘(i) Seek to recover funds under section 
452 of the General Education Provisions 
Act. 
‘‘(ii) After providing reasonable notice 
and an opportunity for a hearing to the 
State educational agency involved, with-
hold, in whole or in part, any further pay-
ments to the State under this part pursuant 
to subsection (c)(5). 
‘‘(iii) After providing reasonable notice 
and an opportunity for a hearing to the 
State educational agency involved, refer the 
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matter for appropriate enforcement action, 
which may include referral to the Depart-
ment of Justice. 
‘‘(iv) Pending the outcome of any hear-
ing to withhold payments under clause (ii), 
the Secretary may suspend payments to a 
recipient, suspend the authority of the re-
cipient to obligate Federal funds, or both, 
after such recipient has been given reason-
able notice and an opportunity to show 
cause why future payments or authority to 
obligate Federal funds should not be sus-
pended. 
‘‘(C) SUBSTANTIAL NONCOMPLIANCE.—Not-
withstanding subparagraph (B), at any time 
that the Secretary determines that a State is not 
in substantial compliance with any provision of 
this part or that there is a substantial failure to 
comply with any condition of a local agency’s or 
State agency’s eligibility under this part, the 
Secretary shall take 1 or more of the following 
actions: 
‘‘(i) Request that the State prepare a 
corrective action plan or improvement plan 
if the Secretary determines that the State 
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should be able to correct the problem within 
1 year. 
‘‘(ii) Identify the State as a high-risk 
grantee and impose special conditions on 
the State’s grant under this part. 
‘‘(iii) Require the State to enter into a 
compliance agreement under section 457 of 
the General Education Provisions Act, if the 
Secretary has reason to believe that the 
State cannot correct the problem within 1 
year. 
‘‘(iv) Recovery of funds under section 
452 of the General Education Provisions 
Act. 
‘‘(v) After providing reasonable notice 
and an opportunity for a hearing to the 
State educational agency involved, with-
hold, in whole or in part, any further pay-
ments to the State under this part. 
‘‘(vi) After providing reasonable notice 
and an opportunity for a hearing to the 
State educational agency involved, refer the 
matter for appropriate enforcement action, 
which may include referral to the Depart-
ment of Justice. 
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‘‘(vii) Pending the outcome of any 
hearing to withhold payments under clause 
(v), the Secretary may suspend payments to 
a recipient, suspend the authority of the re-
cipient to obligate Federal funds, or both, 
after such recipient has been given reason-
able notice and an opportunity to show 
cause why future payments or authority to 
obligate Federal funds should not be sus-
pended. 
‘‘(3) EGREGIOUS NONCOMPLIANCE.—At any time 
that the Secretary determines that a State is in egre-
gious noncompliance or is willfully disregarding the 
provisions of this Act, the Secretary shall take such 
additional enforcement actions as the Secretary deter-
mines to be appropriate from among those actions 
specified in paragraph (2)(C), and, additionally, may 
impose 1 or more of the following sanctions upon that 
State: 
‘‘(A) Institute a cease and desist action 
under section 456 of the General Education Pro-
visions Act. 
‘‘(B) Refer the case to the Office of the In-
spector General. 
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‘‘(4) REPORT
TO
CONGRESS.—The Secretary 
shall report to Congress within 30 days of taking en-
forcement action pursuant to paragraph (2) (B) or 
(C), or (3), on the specific action taken and the rea-
sons why enforcement action was taken. 
‘‘(5) NATURE
OF
WITHHOLDING.—If the Sec-
retary withholds further payments under paragraphs 
(2)(B)(ii) and (2)(C)(v), the Secretary may determine 
that such withholding will be limited to programs or 
projects, or portions thereof, affected by the failure, or 
that the State educational agency shall not make fur-
ther payments under this part to specified local edu-
cational agencies or State agencies affected by the 
failure. Until the Secretary is satisfied that there is 
no longer any failure to make satisfactory progress as 
specified in paragraph (2)(B), or to comply with the 
provisions of this part, as specified in paragraph 
(2)(C), payments to the State under this part shall be 
withheld in whole or in part, or payments by the 
State educational agency under this part shall be lim-
ited to local educational agencies and State agencies 
whose actions did not cause or were not involved in 
the failure, as the case may be. Any State educational 
agency, State agency, or local educational agency that 
has received notice under paragraph (2)(B) or (2)(C) 
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shall, by means of a public notice, take such measures 
as may be necessary to bring the pendency of an ac-
tion pursuant to this subsection to the attention of the 
public within the jurisdiction of such agency. 
‘‘(6) JUDICIAL REVIEW.— 
‘‘(A) IN GENERAL.—If any State is dissatis-
fied with the Secretary’s final action with re-
spect to the eligibility of the State under section 
612, such State 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 Sec-
retary. The Secretary thereupon shall file in the 
court the record of the proceedings upon which 
the Secretary’s action was based, as provided in 
section 2112 of title 28, United States Code. 
‘‘(B) JURISDICTION; REVIEW
BY
UNITED 
STATES SUPREME COURT.—Upon the filing of 
such petition, the court shall have jurisdiction to 
affirm the action of the Secretary or to set it 
aside, in whole or in part. The judgment of the 
court shall be subject to review by the Supreme 
Court of the United States upon certiorari or 
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certification as provided in section 1254 of title 
28, United States Code. 
‘‘(C) STANDARD OF REVIEW.—The findings 
of fact by the Secretary, if supported by substan-
tial evidence, shall be conclusive, but the court, 
for good cause shown, may remand the case to 
the Secretary to take further 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 conclu-
sive if supported by substantial evidence. 
‘‘(d) DIVIDED STATE AGENCY RESPONSIBILITY.—For 
purposes of this section, where responsibility for 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 is assigned to 
a public agency other than the State educational agency 
pursuant to section 612(a)(11)(C), the Secretary, in in-
stances where the Secretary finds that the failure to comply 
substantially with the provisions of this part are related 
to a failure by the public agency, shall take appropriate 
corrective action to ensure compliance with this part, except 
that— 
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funds received under this part as local funds under 
section 613(a)(2)(C) for any fiscal year. 
‘‘SEC. 617. ADMINISTRATION. 
‘‘(a) RESPONSIBILITIES
OF SECRETARY.—The Sec-
retary shall— 
‘‘(1) cooperate with, and (directly or by grant or 
contract) furnish technical assistance necessary to, a 
State in matters relating to— 
‘‘(A) the education of children with disabil-
ities; and 
‘‘(B) carrying out this part; and 
‘‘(2) provide short-term training programs and 
institutes. 
‘‘(b) CONFIDENTIALITY.—The Secretary shall take ap-
propriate action, in accordance with section 444 of the Gen-
eral Education Provisions Act (20 U.S.C. 1232g), to assure 
the protection of the confidentiality of any personally iden-
tifiable data, information, and records collected or main-
tained by the Secretary and by State and local educational 
agencies pursuant to this part. 
‘‘(c) PERSONNEL.—The Secretary is authorized to hire 
qualified personnel necessary to carry out the Secretary’s 
duties under subsection (a) and under sections 618, 661, 
and 664, without regard to the provisions of title 5, United 
States Code, relating to appointments in the competitive 
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service and without regard to chapter 51 and subchapter 
III of chapter 53 of such title relating to classification and 
general schedule pay rates, except that not more than 20 
such personnel shall be employed at any 1 time. 
‘‘(d) MODEL FORMS.—Not later than the date that the 
Secretary publishes final regulations under this Act, to im-
plement amendments made by the Individuals with Disabil-
ities Education Improvement Act of 2004, the Secretary 
shall publish and disseminate widely to States, local edu-
cational agencies, and parent and community training and 
information centers— 
‘‘(1) a model IEP form; 
‘‘(2) a model individualized family service plan 
(IFSP) form; 
‘‘(3) a model form of the notice of procedural 
safeguards described in section 615(d); and 
‘‘(4) a model form of the prior written notice de-
scribed in section 615 (b)(3) and (c)(1) that is con-
sistent with the requirements of this part and is suffi-
cient to meet such requirements. 
‘‘SEC. 618. PROGRAM INFORMATION. 
‘‘(a) IN GENERAL.—Each State that receives assist-
ance under this part, and the Secretary of the Interior, shall 
provide data each year to the Secretary of Education and 
the public on— 
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‘‘(1)(A) the number and percentage of children 
with disabilities, by race, ethnicity, limited English 
proficiency status, gender, and disability category, 
who are receiving a free appropriate public education; 
‘‘(B) the number and percentage of children with 
disabilities, by race, gender, and ethnicity, who are 
receiving early intervention services; 
‘‘(C) the number and percentage of children with 
disabilities, by race, ethnicity, limited English pro-
ficiency status, gender, and disability category, who 
are participating in regular education; 
‘‘(D) the number and percentage of children with 
disabilities, by race, ethnicity, limited English pro-
ficiency status, gender, and disability category, who 
are in separate classes, separate schools or facilities, 
or public or private residential facilities; 
‘‘(E) the number and percentage of children with 
disabilities, by race, ethnicity, limited English pro-
ficiency status, gender, and disability category, who, 
for each year of age from age 14 through 21, stopped 
receiving special education and related services be-
cause of program completion (including graduation 
with a regular secondary school diploma), or other 
reasons, and the reasons why those children stopped 
receiving special education and related services; 
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‘‘(F) the number and percentage of children with 
disabilities, by race, gender, and ethnicity, who, from 
birth through age 2, stopped receiving early interven-
tion services because of program completion or for 
other reasons; 
‘‘(G)(i) the number and percentage of children 
with disabilities, by race, ethnicity, limited English 
proficiency status, gender, and disability category, 
who are removed to an interim alternative edu-
cational setting under section 615(k)(1); 
‘‘(ii) the acts or items precipitating those remov-
als; and 
‘‘(iii) the number of children with disabilities 
who are subject to long-term suspensions or expul-
sions; 
‘‘(H) the incidence and duration of disciplinary 
actions by race, ethnicity, limited English proficiency 
status, gender, and disability category, of children 
with disabilities, including suspensions of 1 day or 
more; 
‘‘(I) the number and percentage of children with 
disabilities who are removed to alternative edu-
cational settings or expelled as compared to children 
without disabilities who are removed to alternative 
educational settings or expelled; 
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‘‘(J) the number of due process complaints filed 
under section 615 and the number of hearings con-
ducted; 
‘‘(K) the number of hearings requested under sec-
tion 615(k) and the number of changes in placements 
ordered as a result of those hearings; 
‘‘(L) the number of hearings requested under sec-
tion 615(k)(3)(B)(ii) and the number of changes in 
placements ordered as a result of those hearings; and 
‘‘(M) the number of mediations held and the 
number of settlement agreements reached through such 
mediations; 
‘‘(2) the number and percentage of infants and 
toddlers, by race, and ethnicity, who are at risk of 
having substantial developmental delays (as defined 
in section 632), and who are receiving early interven-
tion services under part C; and 
‘‘(3) any other information that may be required 
by the Secretary. 
‘‘(b) DATA REPORTING.—The data described in sub-
section (a) shall be reported by each State at the school dis-
trict and State level in a manner that does not result in 
the disclosure of data identifiable to individual children. 
‘‘(c) TECHNICAL ASSISTANCE.—The Secretary may 
provide technical assistance to States to ensure compliance 
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with the data collection and reporting requirements under 
this Act. 
‘‘(d) DISPROPORTIONALITY.— 
‘‘(1) IN GENERAL.—Each State that receives as-
sistance under this part, and the Secretary of the In-
terior, shall provide for the collection and examina-
tion 
of 
data 
to 
determine 
if 
significant 
disproportionality based on race is occurring in the 
State with respect to— 
‘‘(A) the identification of children as chil-
dren with disabilities, including the identifica-
tion of children as children with disabilities in 
accordance with a particular impairment de-
scribed in section 602(3); 
‘‘(B) the placement in particular edu-
cational settings of such children; and 
‘‘(C) the incidence, duration, and type of 
disciplinary actions, including suspensions and 
expulsions. 
‘‘(2) REVIEW AND REVISION OF POLICIES, PRAC-
TICES, AND PROCEDURES.—In the case of a deter-
mination of significant disproportionality with re-
spect to the identification of children as children with 
disabilities, or the placement in particular edu-
cational settings of such children, in accordance with 
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paragraph (1), the State or the Secretary of the Inte-
rior, as the case may be, shall provide for the review 
and, if appropriate, revision of the policies, proce-
dures, and practices used in such identification or 
placement to ensure that such policies, procedures, 
and practices comply with the requirements of this 
Act. 
‘‘SEC. 619. PRESCHOOL GRANTS. 
‘‘(a) IN GENERAL.—The Secretary shall provide grants 
under this section to assist States to provide special edu-
cation and related services, in accordance with this part— 
‘‘(1) to children with disabilities aged 3 through 
5, inclusive; and 
‘‘(2) at the State’s discretion, to 2-year-old chil-
dren with disabilities who will turn 3 during the 
school year. 
‘‘(b) ELIGIBILITY.—A State shall be eligible for a grant 
under this section if such State— 
‘‘(1) is eligible under section 612 to receive a 
grant under this part; and 
‘‘(2) makes a free appropriate public education 
available to all children with disabilities, aged 3 
through 5, residing in the State. 
‘‘(c) ALLOCATIONS TO STATES.— 
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‘‘(1) IN GENERAL.—The Secretary shall allocate 
the amount made available to carry out this section 
for a fiscal year among the States in accordance with 
paragraph (2) or (3), as the case may be. 
‘‘(2) INCREASE IN FUNDS.—If the amount avail-
able for allocations to States under paragraph (1) is 
equal to or greater than the amount allocated to the 
States under this section for the preceding fiscal year, 
those allocations shall be calculated as follows: 
‘‘(A) ALLOCATION.— 
‘‘(i) IN GENERAL.—Except as provided 
in subparagraph (B), the Secretary shall— 
‘‘(I) allocate to each State the 
amount the State received under this 
section for fiscal year 1997; 
‘‘(II) allocate 85 percent of any 
remaining funds to States on the basis 
of the States’ relative populations of 
children aged 3 through 5; and 
‘‘(III) allocate 15 percent of those 
remaining funds to States on the basis 
of the States’ relative populations of all 
children aged 3 through 5 who are liv-
ing in poverty. 
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‘‘(ii) DATA.—For the purpose of mak-
ing grants under this paragraph, the Sec-
retary 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 sub-
paragraph (A), allocations under this paragraph 
shall be subject to the following: 
‘‘(i) PRECEDING
YEARS.—No State’s 
allocation shall be less than its allocation 
under this section for the preceding fiscal 
year. 
‘‘(ii) MINIMUM.—No State’s allocation 
shall be less than the greatest of— 
‘‘(I) the sum of— 
‘‘(aa) the amount the State 
received under this section for fis-
cal year 1997; and 
‘‘(bb) 1⁄3 of 1 percent of the 
amount by which the amount ap-
propriated under subsection (j) for 
the fiscal year exceeds the amount 
appropriated for this section for 
fiscal year 1997; 
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‘‘(II) the sum of— 
‘‘(aa) the amount the State 
received under this section for the 
preceding fiscal year; and 
‘‘(bb) that amount multiplied 
by the percentage by which the in-
crease in the funds appropriated 
under this section from the pre-
ceding fiscal year exceeds 1.5 per-
cent; or 
‘‘(III) the sum of— 
‘‘(aa) the amount the State 
received under this section for the 
preceding fiscal year; and 
‘‘(bb) that amount multiplied 
by 90 percent of the percentage 
increase in the amount appro-
priated under this section from 
the preceding fiscal year. 
‘‘(iii) 
MAXIMUM.—Notwithstanding 
clause (ii), no State’s allocation under this 
paragraph shall exceed the sum of— 
‘‘(I) the amount the State received 
under this section for the preceding fis-
cal year; and 
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‘‘(II) that amount multiplied by 
the sum of 1.5 percent and the percent-
age increase in the amount appro-
priated under this section from the 
preceding fiscal year. 
‘‘(C) 
RATABLE
REDUCTIONS.—If 
the 
amount available for allocations under this 
paragraph is insufficient to pay those allocations 
in full, those allocations shall be ratably reduced, 
subject to subparagraph (B)(i). 
‘‘(3) DECREASE IN FUNDS.—If the amount avail-
able for allocations to States under paragraph (1) is 
less than the amount allocated to the States under 
this section for the preceding fiscal year, those alloca-
tions shall be calculated as follows: 
‘‘(A) ALLOCATIONS.—If the amount avail-
able for allocations is greater than the amount 
allocated to the States for fiscal year 1997, each 
State shall be allocated the sum of— 
‘‘(i) the amount the State received 
under this section for fiscal year 1997; and 
‘‘(ii) an amount that bears the same 
relation to any remaining funds as the in-
crease the State received under this section 
for the preceding fiscal year over fiscal year 
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1997 bears to the total of all such increases 
for all States. 
‘‘(B) If the amount available for allocations 
under this paragraph is equal to or less than the 
amount allocated under this section to the States 
for fiscal year 1997, each State shall be allocated 
the amount the State received for that year, rat-
ably reduced, if necessary. 
‘‘(d) RESERVATION FOR STATE ACTIVITIES.— 
‘‘(1) IN GENERAL.—Each State may reserve not 
more than the amount described in paragraph (2) for 
administration and other State-level activities in ac-
cordance with subsections (e) and (f). 
‘‘(2) AMOUNT DESCRIBED.—For each fiscal year, 
the Secretary shall determine and report to the State 
educational agency an amount that is 25 percent of 
the amount the State received under this section for 
fiscal year 1997, cumulatively adjusted by the Sec-
retary for each succeeding fiscal year by the lesser 
of— 
‘‘(A) the percentage increase, if any, from 
the preceding fiscal year in the State’s allocation 
under this section; or 
‘‘(B) the percentage increase, if any, from 
the preceding fiscal year in the Consumer Price 
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Index For All Urban Consumers published by the 
Bureau of Labor Statistics of the Department of 
Labor. 
‘‘(e) STATE ADMINISTRATION.— 
‘‘(1) IN GENERAL.—For the purpose of admin-
istering this section (including the coordination of ac-
tivities under this part with, and providing technical 
assistance to, other programs that provide services to 
children with disabilities) a State may use not more 
than 20 percent of the maximum amount the State 
may reserve under subsection (d) for any fiscal year. 
‘‘(2) ADMINISTRATION OF PART C.—Funds de-
scribed in paragraph (1) may also be used for the ad-
ministration of part C of this Act, if the State edu-
cational agency is the lead agency for the State under 
that part. 
‘‘(f) OTHER STATE-LEVEL ACTIVITIES.—Each State 
shall use any funds the State reserves under subsection (d) 
and does not use for administration under subsection (e)— 
‘‘(1) for support services (including establishing 
and implementing the mediation process required by 
section 615(e)), which may benefit children with dis-
abilities younger than 3 or older than 5 as long as 
those services also benefit children with disabilities 
aged 3 through 5; 
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‘‘(2) for direct services for children eligible for 
services under this section; 
‘‘(3) for activities at the State and local levels to 
meet the performance goals established by the State 
under section 612(a)(15); 
‘‘(4) to supplement other funds used to develop 
and implement a statewide coordinated services sys-
tem designed to improve results for children and fam-
ilies, including children with disabilities and their 
families, but not more than 1 percent of the amount 
received by the State under this section for a fiscal 
year; or 
‘‘(5) to provide early intervention services (which 
shall include an educational component that promotes 
school readiness and incorporates pre-literacy, lan-
guage, and numeracy skills) in accordance with part 
C to children with disabilities who are eligible for 
services under this section and who previously re-
ceived services under part C until such children enter, 
or are eligible under State law to enter, kindergarten. 
‘‘(g) SUBGRANTS
TO LOCAL EDUCATIONAL AGEN-
CIES.— 
‘‘(1) SUBGRANTS REQUIRED.—Each State that 
receives a grant under this section for any fiscal year 
shall distribute all of the grant funds that the State 
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does not reserve under subsection (d) to local edu-
cational agencies in the State that have established 
their eligibility under section 613, as follows: 
‘‘(A) BASE
PAYMENTS.—The State shall 
first award each local educational agency de-
scribed in paragraph (1) the amount that agency 
would have received under this section for fiscal 
year 1997 if the State had distributed 75 percent 
of its grant for that year under section 619(c)(3), 
as such section was then in effect. 
‘‘(B) ALLOCATION OF REMAINING FUNDS.— 
After making allocations under subparagraph 
(A), the State shall— 
‘‘(i) allocate 85 percent of any remain-
ing funds to those local educational agencies 
on the basis of the relative numbers of chil-
dren enrolled in public and private elemen-
tary schools and secondary schools within 
the local educational agency’s jurisdiction; 
and 
‘‘(ii) allocate 15 percent of those re-
maining funds to those local educational 
agencies in accordance with their relative 
numbers of children living in poverty, as 
determined by the State educational agency. 
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‘‘(2) REALLOCATION OF FUNDS.—If a State edu-
cational agency determines that a local educational 
agency is adequately providing a free appropriate 
public education to all children with disabilities aged 
3 through 5 residing in the area served by that agen-
cy with State and local funds, the State educational 
agency may reallocate any portion of the funds under 
this section that are not needed by that local edu-
cational agency to provide a free appropriate public 
education to other local educational agencies in the 
State that are not adequately providing special edu-
cation and related services to all children with dis-
abilities aged 3 through 5 residing in the areas the 
other local educational agencies serve. 
‘‘(h) PART C INAPPLICABLE.—Part C of this Act does 
not apply to any child with a disability receiving a free 
appropriate public education, in accordance with this part, 
with funds received under this section. 
‘‘(i) DEFINITION.—For the purpose of this section, the 
term ‘State’ means each of the 50 States, the District of 
Columbia, and the Commonwealth of Puerto Rico. 
‘‘(j) AUTHORIZATION OF APPROPRIATIONS.—For the 
purpose of carrying out this section, there are authorized 
to be appropriated such sums as may be necessary. 
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‘‘PART C—INFANTS AND TODDLERS WITH 
DISABILITIES 
‘‘SEC. 631. FINDINGS AND POLICY. 
‘‘(a) FINDINGS.—Congress finds that there is an ur-
gent and substantial need— 
‘‘(1) to enhance the development of infants and 
toddlers with disabilities, to minimize their potential 
for developmental delay, and to recognize the signifi-
cant brain development which occurs during a child’s 
first 3 years of life; 
‘‘(2) to reduce the educational costs to our soci-
ety, including our Nation’s schools, by minimizing 
the need for special education and related services 
after infants and toddlers with disabilities reach 
school age; 
‘‘(3) to maximize the potential for individuals 
with disabilities to live independently in society; 
‘‘(4) to enhance the capacity of families to meet 
the special needs of their infants and toddlers with 
disabilities; and 
‘‘(5) to enhance the capacity of State and local 
agencies and service providers to identify, evaluate, 
and meet the needs of all children, particularly mi-
nority, low-income, inner city, and rural children, 
and infants and toddlers in foster care. 
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‘‘(b) POLICY.—It is the policy of the United States to 
provide financial assistance to States— 
‘‘(1) to develop and implement a statewide, com-
prehensive, coordinated, multidisciplinary, inter-
agency system that provides early intervention serv-
ices for infants and toddlers with disabilities and 
their families; 
‘‘(2) to facilitate the coordination of payment for 
early intervention services from Federal, State, local, 
and private sources (including public and private in-
surance coverage); 
‘‘(3) to enhance State capacity to provide high 
quality early intervention services and expand and 
improve existing early intervention services being 
provided to infants and toddlers with disabilities and 
their families; and 
‘‘(4) to encourage States to expand opportunities 
for children under 3 years of age who would be at risk 
of having substantial developmental delay if they did 
not receive early intervention services. 
‘‘SEC. 632. DEFINITIONS. 
‘‘As used in this part: 
‘‘(1) AT-RISK INFANT OR TODDLER.—The term 
‘at-risk infant or toddler’ means an individual under 
3 years of age who would be at risk of experiencing 
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a substantial developmental delay if early interven-
tion services were not provided to the individual. 
‘‘(2) COUNCIL.—The term ‘council’ means a 
State interagency coordinating council established 
under section 641. 
‘‘(3) DEVELOPMENTAL DELAY.—The term ‘devel-
opmental delay’, when used with respect to an indi-
vidual residing in a State, has the meaning given 
such term by the State under section 635(a)(1). 
‘‘(4) EARLY INTERVENTION SERVICES.—The term 
‘early intervention services’ means developmental 
services that— 
‘‘(A) are provided under public supervision; 
‘‘(B) are provided at no cost except where 
Federal or State law provides for a system of 
payments by families, including a schedule of 
sliding fees; 
‘‘(C) are designed to meet the developmental 
needs of an infant or toddler with a disability 
in any 1 or more of the following areas: 
‘‘(i) physical development; 
‘‘(ii) cognitive development; 
‘‘(iii) communication development; 
‘‘(iv) social or emotional development; 
or 
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‘‘(v) adaptive development; 
‘‘(D) meet the standards of the State in 
which the services are provided, including the re-
quirements of this part; 
‘‘(E) include— 
‘‘(i) family training, counseling, and 
home visits; 
‘‘(ii) special instruction; 
‘‘(iii) speech-language pathology and 
audiology services, and sign language and 
cued language services; 
‘‘(iv) occupational therapy; 
‘‘(v) physical therapy; 
‘‘(vi) psychological services; 
‘‘(vii) service coordination services; 
‘‘(viii) medical services only for diag-
nostic or evaluation purposes; 
‘‘(ix) early identification, screening, 
and assessment services; 
‘‘(x) health services necessary to enable 
the infant or toddler to benefit from the 
other early intervention services; 
‘‘(xi) social work services; 
‘‘(xii) vision services; 
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‘‘(xiii) assistive technology devices and 
assistive technology services; and 
‘‘(xiv) transportation and related costs 
that are necessary to enable an infant or 
toddler and the infant’s or toddler’s family 
to receive another service described in this 
paragraph; 
‘‘(F) are provided by qualified personnel, 
including— 
‘‘(i) special educators; 
‘‘(ii) speech-language pathologists and 
audiologists; 
‘‘(iii) teachers of the deaf; 
‘‘(iv) occupational therapists; 
‘‘(v) physical therapists; 
‘‘(vi) psychologists; 
‘‘(vii) social workers; 
‘‘(viii) nurses; 
‘‘(ix) nutritionists; 
‘‘(x) family therapists; 
‘‘(xi) orientation and mobility special-
ists; 
‘‘(xii) 
vision 
specialists, 
including 
opthamologists and optometrists; and 
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‘‘(xiii) pediatricians and other physi-
cians; 
‘‘(G) to the maximum extent appropriate, 
are provided in natural environments, including 
the home, and community settings in which chil-
dren without disabilities participate; and 
‘‘(H) are provided in conformity with an 
individualized family service plan adopted in 
accordance with section 636. 
‘‘(5) INFANT OR TODDLER WITH A DISABILITY.— 
The term ‘infant or toddler with a disability’— 
‘‘(A) means an individual under 3 years of 
age who needs early intervention services because 
the individual— 
‘‘(i) 
is 
experiencing 
developmental 
delays, as measured by appropriate diag-
nostic instruments and procedures in 1 or 
more of the areas of cognitive development, 
physical development, communication devel-
opment, social or emotional development, 
and adaptive development; or 
‘‘(ii) has a diagnosed physical or men-
tal condition which has a high probability 
of resulting in developmental delay; and 
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‘‘(B) may also include, at a State’s discre-
tion— 
‘‘(i) at-risk infants and toddlers; and 
‘‘(ii) children with disabilities who are 
eligible for services under section 619 and 
who previously received services under this 
part until such children enter, or are eligi-
ble under State law to enter, kindergarten. 
‘‘SEC. 633. GENERAL AUTHORITY. 
‘‘The Secretary shall, in accordance with this part, 
make grants to States (from their allotments under section 
643) to assist each State to maintain and implement a 
statewide, comprehensive, coordinated, multidisciplinary, 
interagency system to provide early intervention services for 
infants and toddlers with disabilities and their families. 
‘‘SEC. 634. ELIGIBILITY. 
‘‘In order to be eligible for a grant under section 633, 
a State shall demonstrate to the Secretary that the State— 
‘‘(1) has adopted a policy that appropriate early 
intervention services are available to all infants and 
toddlers with disabilities in the State and their fami-
lies, including Indian infants and toddlers with dis-
abilities and their families residing on a reservation 
geographically located in the State, infants or tod-
dlers with disabilities who are homeless children, in-
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fants or toddlers with disabilities who are wards of 
the State, and infants or toddlers with disabilities 
who have a parent who is a member of the Armed 
Forces, including a member of the National Guard or 
Reserves; and 
‘‘(2) has in effect a statewide system that meets 
the requirements of section 635. 
‘‘SEC. 635. REQUIREMENTS FOR STATEWIDE SYSTEM. 
‘‘(a) IN GENERAL.—A statewide system described in 
section 633 shall include, at a minimum, the following com-
ponents: 
‘‘(1) A definition of the term ‘developmental 
delay’ that— 
‘‘(A) will be used by the State in carrying 
out programs under this part; and 
‘‘(B) covers, at a minimum, all infants and 
toddlers with— 
‘‘(i) a developmental delay of 35 per-
cent or more in 1 of the developmental areas 
described in section 632(5)(A)(i); or 
‘‘(ii) a developmental delay of 25 per-
cent or more in 2 or more of the develop-
mental 
areas 
described 
in 
section 
632(5)(A)(i). 
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‘‘(2) A State policy that is in effect and that en-
sures that appropriate early intervention services are 
available to all infants and toddlers with disabilities 
and their families, including Indian infants and tod-
dlers and their families residing on a reservation geo-
graphically located in the State. 
‘‘(3) A timely, comprehensive, multidisciplinary 
evaluation of the functioning of each infant or toddler 
with a disability in the State, and a family-directed 
identification of the needs of each family of such an 
infant or toddler, to appropriately assist in the devel-
opment of the infant or toddler. 
‘‘(4) For each infant or toddler with a disability 
in the State, an individualized family service plan in 
accordance with section 636, including service coordi-
nation services in accordance with such service plan. 
‘‘(5) A comprehensive child find system, con-
sistent with part B, including a system for making 
referrals to service providers that includes timelines 
and provides for participation by primary referral 
sources. 
‘‘(6) A public awareness program focusing on 
early identification of infants and toddlers with dis-
abilities, including the preparation and dissemina-
tion by the lead agency designated or established 
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under paragraph (10) to all primary referral sources, 
especially hospitals, physicians, homeless family shel-
ters, medicaid and State child health insurance pro-
gram enrollment offices, health and mental health 
clinics, public schools in low-income areas serving 
low-income children, staff in State and local child 
welfare agencies, judges, and base commanders or 
their designees, of information for parents on the 
availability of early intervention services, and proce-
dures for determining the extent to which such sources 
disseminate such information to parents of infants 
and toddlers. 
‘‘(7) A central directory that includes informa-
tion on early intervention services, resources, and ex-
perts available in the State and research and dem-
onstration projects being conducted in the State. 
‘‘(8) A comprehensive system of personnel devel-
opment, including the training of paraprofessionals 
and the training of primary referral sources with re-
spect to the basic components of early intervention 
services available in the State, which comprehensive 
system may include— 
‘‘(A) implementing innovative strategies 
and activities for the recruitment and retention 
of early education service providers; 
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‘‘(B) promoting the preparation of early 
intervention providers who are fully and appro-
priately qualified to provide early intervention 
services under this part; 
‘‘(C) training personnel to work in rural 
and inner-city areas; and 
‘‘(D) training personnel to coordinate tran-
sition services for infants and toddlers served 
under this part from an early intervention pro-
gram under this part to preschool or other ap-
propriate services. 
‘‘(9) Policies and procedures relating to the es-
tablishment and maintenance of standards to ensure 
that personnel necessary to carry out this part are 
appropriately and adequately prepared and trained, 
including the establishment and maintenance of 
standards which are consistent with any State-ap-
proved or recognized certification, licensing, registra-
tion, or other comparable requirements which apply 
to the area in which such personnel are providing 
early intervention services, except that nothing in this 
part (including this paragraph) shall be construed to 
prohibit the use of paraprofessionals and assistants 
who are appropriately trained and supervised in ac-
cordance with State law, regulation, or written pol-
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icy, to assist in the provision of early intervention 
services under this part to infants and toddlers with 
disabilities. 
‘‘(10) A single line of responsibility in a lead 
agency designated or established by the Governor for 
carrying out— 
‘‘(A) the general administration and super-
vision of programs and activities receiving as-
sistance under section 633, and the monitoring 
of programs and activities used by the State to 
carry out this part, whether or not such pro-
grams or activities are receiving assistance made 
available under section 633, to ensure that the 
State complies with this part; 
‘‘(B) the identification and coordination of 
all available resources within the State from 
Federal, State, local, and private sources; 
‘‘(C) the assignment of financial responsi-
bility in accordance with section 637(a)(2) to the 
appropriate agencies; 
‘‘(D) the development of procedures to en-
sure that services are provided to infants and 
toddlers with disabilities and their families 
under this part in a timely manner pending the 
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resolution of any disputes among public agencies 
or service providers; 
‘‘(E) the resolution of intra- and inter-
agency disputes; and 
‘‘(F) the entry into formal interagency 
agreements that define the financial responsi-
bility of each agency for paying for early inter-
vention services (consistent with State law) and 
procedures for resolving disputes and that in-
clude all additional components necessary to en-
sure meaningful cooperation and coordination. 
‘‘(11) A policy pertaining to the contracting or 
making of other arrangements with service providers 
to provide early intervention services in the State, 
consistent with the provisions of this part, including 
the contents of the application used and the condi-
tions of the contract or other arrangements. 
‘‘(12) A procedure for securing timely reimburse-
ments of funds used under this part in accordance 
with section 640(a). 
‘‘(13) Procedural safeguards with respect to pro-
grams under this part, as required by section 639. 
‘‘(14) A system for compiling data requested by 
the Secretary under section 618 that relates to this 
part. 
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‘‘(15) A State interagency coordinating council 
that meets the requirements of section 641. 
‘‘(16) Policies and procedures to ensure that, 
consistent with section 636(d)(5) to the maximum ex-
tent appropriate, early intervention services are pro-
vided in natural environments unless a specific out-
come cannot be met satisfactorily for the infant or 
toddler in a natural environment. 
‘‘(17) A procedure to ensure that early interven-
tion services and evaluations are available to infants 
or toddlers with disabilities who are— 
‘‘(A) homeless children; and 
‘‘(B) wards of the State or in foster care, or 
both. 
‘‘(b) FLEXIBILITY TO SERVE CHILDREN 3 YEARS OF 
AGE TO UNDER 6 YEARS OF AGE.— 
‘‘(1) IN GENERAL.—A statewide system described 
in section 633 may include a State policy, developed 
and implemented jointly by the lead agency and the 
State educational agency, under which parents of 
children with disabilities who are eligible for services 
under section 619 and previously received services 
under this part, may choose the continuation of early 
intervention services (which shall include an edu-
cational component that promotes school readiness 
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and 
incorporates 
preliteracy, 
language, 
and 
numeracy skills) for such children under this part 
until such children enter, or are eligible under State 
law to enter, kindergarten. 
‘‘(2) REQUIREMENTS.—If a statewide system in-
cludes a State policy described in paragraph (1), the 
statewide system shall ensure— 
‘‘(A) that parents of infants or toddlers with 
disabilities (as defined in section 632(5)(A)) pro-
vide informed written consent to the State, before 
such infants and toddlers reach 3 years of age, 
as to whether such parents intend to choose the 
continuation of early intervention services pur-
suant to this subsection for such infants or tod-
dlers; 
‘‘(B) that the State policy will not affect the 
right of any child served pursuant to this sub-
section to instead receive a free appropriate pub-
lic education under part B; 
‘‘(C) that parents of children served pursu-
ant to this subsection are provided with annual 
notice— 
‘‘(i) of such parents’ right to elect serv-
ices pursuant to this subsection or under 
part B; and 
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‘‘(ii) fully explaining the differences 
between receiving services pursuant to this 
subsection and receiving services under part 
B, including— 
‘‘(I) the types of services available 
under both provisions; 
‘‘(II) applicable procedural safe-
guards under both provisions, includ-
ing due-process protections and medi-
ation or other dispute resolution op-
tions; and 
‘‘(III) the possible costs, if any 
(including any fees to be charged to 
families 
as 
described 
in 
section 
632(4)(B)) to parents under both pro-
visions; 
‘‘(D) that the conference under section 
637(a)(9)(A)(ii)(II), the review under section 
637(a)(9)(B), and the establishment of a transi-
tion plan under section 637(a)(9)(C) occur not 
less than 90 days (and at the discretion of the 
parties to the conference, not more than 9 
months) before each of the following: 
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‘‘(i) the time the child will first be eli-
gible for services under part B, including 
under section 619; and 
‘‘(ii) if the child is receiving services in 
accordance with this subsection, the time the 
child will no longer receive those services; 
‘‘(E) the continuance of all early interven-
tion services outlined in the child’s individual-
ized family service plan under section 636 while 
any eligibility determination is being made for 
services under this subsection; 
‘‘(F) that services provided pursuant to this 
subsection include an educational component 
that promotes school readiness and incorporates 
preliteracy, language, and numeracy skills and 
are provided in accordance with an individual-
ized family service plan under section 636; and 
‘‘(G) the referral for evaluation for early 
intervention services of a child below the age of 
3 who experiences a substantiated case of expo-
sure to violence or trauma. 
‘‘(3) REPORTING REQUIREMENT.—If a statewide 
system includes a State policy described in paragraph 
(1), the State shall submit to the Secretary, in the 
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State’s report under section 637(b)(4)(A), a report 
on— 
‘‘(A) the percentage of children with disabil-
ities who are eligible for services under section 
619 but whose parents choose for such children to 
continue to receive early intervention services 
under this part; and 
‘‘(B) the number of children who are eligible 
for services under section 619 who instead con-
tinue to receive early intervention services under 
this part. 
‘‘(4) RULE OF CONSTRUCTION.—Nothing in this 
subsection shall be construed to require a provider of 
services under this part to provide a child served 
under this part with a free appropriate public edu-
cation. 
‘‘(5) AVAILABLE FUNDS.—If a statewide system 
includes a State policy described in paragraph (1), 
the policy shall describe the funds (including an iden-
tification as Federal, State, or local funds) that will 
be used to ensure that the option described in para-
graph (1) is available to eligible children and families 
who provide the consent described in paragraph 
(2)(A), including fees to be charged to families as de-
scribed in section 632(4)(B). 
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‘‘(c) CONSTRUCTION.—Nothing in subsection (a)(5) 
shall be construed to alter the responsibility of a State 
under title XIX of the Social Security Act with respect to 
early and periodic screening, diagnostic, and treatment 
services (as defined in section 1905(r) of such Act). 
‘‘SEC. 636. INDIVIDUALIZED FAMILY SERVICE PLAN. 
‘‘(a) ASSESSMENT AND PROGRAM DEVELOPMENT.—A 
statewide system described in section 633 shall provide, at 
a minimum, for each infant or toddler with a disability, 
and the infant’s or toddler’s family, to receive— 
‘‘(1) a multidisciplinary assessment of the 
unique strengths and needs of the infant or toddler 
and the identification of services appropriate to meet 
such needs; 
‘‘(2) a family-directed assessment of the re-
sources, priorities, and concerns of the family and the 
identification of the supports and services necessary 
to enhance the family’s capacity to meet the develop-
mental needs of the infant or toddler; and 
‘‘(3) a written individualized family service plan 
developed by a multidisciplinary team, including the 
parents, as required by subsection (e), including a de-
scription of the appropriate transition services for the 
child. 
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‘‘(b) PERIODIC REVIEW.—The individualized family 
service plan shall be evaluated once a year and the family 
shall be provided a review of the plan at 6-month intervals 
(or more often where appropriate based on infant or toddler 
and family needs). 
‘‘(c) PROMPTNESS AFTER ASSESSMENT.—The individ-
ualized family service plan shall be developed within a rea-
sonable time after the assessment required by subsection 
(a)(1) is completed. With the parents’ consent, early inter-
vention services may commence prior to the completion of 
the assessment. 
‘‘(d) CONTENT OF PLAN.—The individualized family 
service plan shall be in writing and contain— 
‘‘(1) a statement of the infant’s or toddler’s 
present levels of physical development, cognitive devel-
opment, communication development, social or emo-
tional development, and adaptive development, based 
on objective criteria; 
‘‘(2) a statement of the family’s resources, prior-
ities, and concerns relating to enhancing the develop-
ment of the family’s infant or toddler with a dis-
ability; 
‘‘(3) a statement of the measurable outcomes ex-
pected to be achieved for the infant or toddler and the 
family, including, as appropriate, preliteracy and 
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language skills, and the criteria, procedures, and 
timelines used to determine the degree to which 
progress toward achieving the outcomes is being made 
and whether modifications or revisions of the out-
comes or services are necessary; 
‘‘(4) a statement of specific early intervention 
services necessary to meet the unique needs of the in-
fant or toddler and the family, including the fre-
quency, intensity, and method of delivering services; 
‘‘(5) a statement of the natural environments in 
which early intervention services will appropriately 
be provided, including a justification of the extent, if 
any, to which the services will not be provided in a 
natural environment; 
‘‘(6) the projected dates for initiation of services 
and the anticipated length, duration, and frequency 
of the services; 
‘‘(7) the identification of the service coordinator 
from the profession most immediately relevant to the 
infant’s or toddler’s or family’s needs (or who is oth-
erwise qualified to carry out all applicable respon-
sibilities under this part) who will be responsible for 
the implementation of the plan and coordination with 
other agencies and persons, including transition serv-
ices; and 
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‘‘(8) the steps to be taken to support the transi-
tion of the toddler with a disability to preschool or 
other appropriate services. 
‘‘(e) PARENTAL CONSENT.—The contents of the indi-
vidualized family service plan shall be fully explained to 
the parents and informed written consent from the parents 
shall be obtained prior to the provision of early intervention 
services described in such plan. If the parents do not pro-
vide consent with respect to a particular early intervention 
service, then only the early intervention services to which 
consent is obtained shall be provided. 
‘‘SEC. 637. STATE APPLICATION AND ASSURANCES. 
‘‘(a) APPLICATION.—A State desiring to receive a 
grant under section 633 shall submit an application to the 
Secretary at such time and in such manner as the Secretary 
may reasonably require. The application shall contain— 
‘‘(1) a designation of the lead agency in the 
State that will be responsible for the administration 
of funds provided under section 633; 
‘‘(2) a certification to the Secretary that the ar-
rangements to establish financial responsibility for 
services provided under this part pursuant to section 
640(b) are current as of the date of submission of the 
certification; 
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‘‘(3) information demonstrating eligibility of the 
State under section 634, including— 
‘‘(A) information demonstrating to the Sec-
retary’s satisfaction that the State has in effect 
the statewide system required by section 633; 
and 
‘‘(B) a description of services to be provided 
to infants and toddlers with disabilities and 
their families through the system; 
‘‘(4) if the State provides services to at-risk in-
fants and toddlers through the system, a description 
of such services; 
‘‘(5) a description of the uses for which funds 
will be expended in accordance with this part; 
‘‘(6) a description of the State policies and pro-
cedures that require the referral for evaluation for 
early intervention services of a child under the age of 
3 who— 
‘‘(A) is involved in a substantiated case of 
child abuse or neglect; or 
‘‘(B) is identified as affected by illegal sub-
stance abuse, or withdrawal symptoms resulting 
from prenatal drug exposure; 
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‘‘(7) a description of the procedure used to en-
sure that resources are made available under this part 
for all geographic areas within the State; 
‘‘(8) a description of State policies and proce-
dures that ensure that, prior to the adoption by the 
State of any other policy or procedure necessary to 
meet the requirements of this part, there are public 
hearings, adequate notice of the hearings, and an op-
portunity for comment available to the general public, 
including individuals with disabilities and parents of 
infants and toddlers with disabilities; 
‘‘(9) a description of the policies and procedures 
to be used— 
‘‘(A) to ensure a smooth transition for tod-
dlers receiving early intervention services under 
this part (and children receiving those services 
under section 635(b)) to preschool, other appro-
priate services, or exiting the program, including 
a description of how— 
‘‘(i) the families of such toddlers and 
children will be included in the transition 
plans required by subparagraph (C); and 
‘‘(ii) the lead agency designated or es-
tablished under section 635(a)(10) will— 
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‘‘(I) notify the local educational 
agency for the area in which such a 
child resides that the child will shortly 
reach the age of eligibility for preschool 
services under part B, as determined 
in accordance with State law; 
‘‘(II) in the case of a child who 
may be eligible for such preschool serv-
ices, with the approval of the family of 
the child, convene a conference among 
the lead agency, the family, and the 
local educational agency at least 90 
days (and at the discretion of all such 
parties, not more than 9 months) be-
fore the child is eligible for the pre-
school services, to discuss any such 
services that the child may receive; and 
‘‘(III) in the case of a child who 
may not be eligible for such preschool 
services, with the approval of the fam-
ily, make reasonable efforts to convene 
a conference among the lead agency, 
the family, and providers of other ap-
propriate services for children who are 
not eligible for preschool services under 
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part B, to discuss the appropriate serv-
ices that the child may receive; 
‘‘(B) to review the child’s program options 
for the period from the child’s third birthday 
through the remainder of the school year; and 
‘‘(C) to establish a transition plan, includ-
ing, as appropriate, steps to exit from the pro-
gram; and 
‘‘(10) such other information and assurances as 
the Secretary may reasonably require. 
‘‘(11) a description of policies and procedures to 
ensure that infants or toddlers with disabilities who 
are homeless children and their families and infants 
or toddlers with disabilities who are wards of the 
State have access to multidisciplinary evaluations 
and early intervention services. 
‘‘(b) ASSURANCES.—The application described in sub-
section (a)— 
‘‘(1) shall provide satisfactory assurance that 
Federal funds made available under section 643 to the 
State will be expended in accordance with this part; 
‘‘(2) shall contain an assurance that the State 
will comply with the requirements of section 640; 
‘‘(3) shall provide satisfactory assurance that the 
control of funds provided under section 643, and title 
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to property derived from those funds, will be in a 
public agency for the uses and purposes provided in 
this part and that a public agency will administer 
such funds and property; 
‘‘(4) shall provide for— 
‘‘(A) making such reports in such form and 
containing such information as the Secretary 
may require to carry out the Secretary’s func-
tions under this part; and 
‘‘(B) keeping such reports and affording 
such access to the reports as the Secretary may 
find necessary to ensure the correctness and 
verification of the reports and proper disburse-
ment of Federal funds under this part; 
‘‘(5) provide satisfactory assurance that Federal 
funds made available under section 643 to the 
State— 
‘‘(A) will not be commingled with State 
funds; and 
‘‘(B) will be used so as to supplement the 
level of State and local funds expended for in-
fants and toddlers with disabilities and their 
families and in no case to supplant those State 
and local funds; 
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‘‘(6) shall provide satisfactory assurance that 
such fiscal control and fund accounting procedures 
will be adopted as may be necessary to ensure proper 
disbursement of, and accounting for, Federal funds 
paid under section 643 to the State; 
‘‘(7) shall provide satisfactory assurance that 
policies and procedures have been adopted to ensure 
meaningful involvement of underserved groups, in-
cluding minority, low-income, homeless, and rural 
families and children with disabilities who are wards 
of the State, in the planning and implementation of 
all the requirements of this part; and 
‘‘(8) shall contain such other information and 
assurances as the Secretary may reasonably require 
by regulation. 
‘‘(c) STANDARD FOR DISAPPROVAL OF APPLICATION.— 
The Secretary may not disapprove such an application un-
less the Secretary determines, after notice and opportunity 
for a hearing, that the application fails to comply with the 
requirements of this section. 
‘‘(d) SUBSEQUENT STATE APPLICATION.—If a State 
has on file with the Secretary a policy, procedure, or assur-
ance that demonstrates that the State meets a requirement 
of this section, including any policy or procedure filed 
under part C, as in effect before the date of enactment of 
May 22, 2004