H. R. 1350—74
‘‘(iii) is conducted by a qualified and impartial
mediator who is trained in effective mediation tech-
niques.
‘‘(B) OPPORTUNITY
TO
MEET
WITH
A
DISINTERESTED
PARTY.—A local educational agency or a State agency may
establish procedures to offer to parents and schools that
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 information center or
community parent resource center in the State estab-
lished under section 671 or 672; or
‘‘(ii) an appropriate alternative dispute resolution
entity,
to encourage the use, and explain the benefits, of the
mediation process to the parents.
‘‘(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 medi-
ation process, including the costs of meetings described
in subparagraph (B).
‘‘(E) SCHEDULING AND LOCATION.—Each session in the
mediation process shall be scheduled in a timely manner
and shall be held in a location that is convenient to the
parties to the dispute.
‘‘(F) WRITTEN AGREEMENT.—In the case that a resolu-
tion is reached to resolve the complaint through the medi-
ation process, the parties shall execute a legally binding
agreement that sets forth such resolution and that—
‘‘(i) states that all discussions that occurred during
the mediation process shall be confidential and may
not be used as evidence in any subsequent due process
hearing or civil proceeding;
‘‘(ii) is signed by both the parent and a representa-
tive of the agency who has the authority to bind such
agency; and
‘‘(iii) is enforceable in any State court of competent
jurisdiction or in a district court of the United States.
‘‘(G) MEDIATION DISCUSSIONS.—Discussions that occur
during the mediation process shall be confidential and may
not be used as evidence in any subsequent due process
hearing or civil proceeding.
‘‘(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) RESOLUTION SESSION.—
‘‘(i) PRELIMINARY
MEETING.—Prior to the oppor-
tunity for an impartial due process hearing under
subparagraph (A), the local educational agency shall
H. R. 1350—75
convene a meeting with the parents and the relevant
member or members of the IEP Team who have specific
knowledge of the facts identified in the complaint—
‘‘(I) within 15 days of receiving notice of the
parents’ complaint;
‘‘(II) which shall include a representative of
the agency who has decisionmaking authority on
behalf of such agency;
‘‘(III) which may not include an attorney of
the local educational agency unless the parent is
accompanied by an attorney; and
‘‘(IV) where the parents of the child discuss
their complaint, and the facts that form the basis
of the complaint, and the local educational agency
is provided the opportunity to resolve the com-
plaint,
unless the parents and the local educational agency
agree in writing to waive such meeting, or agree to
use the mediation process described in subsection (e).
‘‘(ii) HEARING.—If the local educational agency has
not resolved the complaint to the satisfaction of the
parents within 30 days of the receipt of the complaint,
the due process hearing may occur, and all of the
applicable timelines for a due process hearing under
this part shall commence.
‘‘(iii) WRITTEN
SETTLEMENT
AGREEMENT.—In the
case that a resolution is reached to resolve the com-
plaint at a meeting described in clause (i), the parties
shall execute a legally binding agreement that is—
‘‘(I) signed by both the parent and a represent-
ative of the agency who has the authority to bind
such agency; and
‘‘(II) enforceable in any State court of com-
petent jurisdiction or in a district court of the
United States.
‘‘(iv) REVIEW PERIOD.—If the parties execute an
agreement pursuant to clause (iii), a party may void
such agreement within 3 business days of the agree-
ment’s execution.
‘‘(2) DISCLOSURE
OF
EVALUATIONS
AND
RECOMMENDA-
TIONS.—
‘‘(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 officer may bar
any party that fails to comply with subparagraph (A) from
introducing the relevant evaluation or recommendation at
the hearing 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—
H. R. 1350—76
‘‘(I) an employee of the State educational
agency or the local educational agency involved
in the education 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 knowledge of, and the ability to under-
stand, the provisions of this title, Federal and State
regulations 
pertaining 
to 
this 
title, 
and 
legal
interpretations of this title by Federal and State courts;
‘‘(iii) possess the knowledge and ability to conduct
hearings in accordance with appropriate, standard
legal practice; and
‘‘(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) TIMELINE
FOR
REQUESTING
HEARING.—A parent
or agency shall request an impartial due process hearing
within 2 years of the date the parent or 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.
‘‘(D) EXCEPTIONS
TO
THE
TIMELINE.—The timeline
described in subparagraph (C) shall not apply to a parent
if the parent was prevented from requesting the hearing
due to—
‘‘(i) specific misrepresentations by the local edu-
cational agency that it had resolved the problem
forming the basis of the complaint; or
‘‘(ii) the local educational agency’s withholding of
information from the parent that was required under
this part to be provided to the parent.
‘‘(E) 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
received a free appropriate public education.
‘‘(ii) PROCEDURAL ISSUES.—In matters alleging a
procedural violation, a hearing officer may find that
a child did not receive a free appropriate public edu-
cation only if the procedural inadequacies—
‘‘(I) impeded the child’s right to a free appro-
priate public education;
‘‘(II) significantly impeded the parents’ oppor-
tunity to participate in the decisionmaking process
regarding the provision of a free appropriate public
education to the parents’ child; or
‘‘(III) caused a deprivation of educational bene-
fits.
‘‘(iii) RULE
OF
CONSTRUCTION.—Nothing in this
subparagraph shall be construed to preclude a hearing
H. R. 1350—77
officer from ordering a local educational agency to
comply with procedural requirements under this sec-
tion.
‘‘(F) RULE OF CONSTRUCTION.—Nothing in this para-
graph shall be construed to affect the right of a parent
to file a complaint with the State educational agency.
‘‘(g) APPEAL.—
‘‘(1) IN GENERAL.—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.
‘‘(2) IMPARTIAL REVIEW AND INDEPENDENT DECISION.—The
State educational agency shall conduct an impartial review
of the findings and decision appealed under paragraph (1).
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 sub-
section (g), shall be accorded—
‘‘(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 witnesses;
‘‘(3) the right to a written, or, at the option of the parents,
electronic verbatim record of such hearing; and
‘‘(4) the right to 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, information, and records); and
‘‘(B) shall be transmitted to the advisory panel estab-
lished pursuant to section 612(a)(21).
‘‘(i) ADMINISTRATIVE PROCEDURES.—
‘‘(1) IN GENERAL.—
‘‘(A) DECISION
MADE
IN
HEARING.—A decision made
in a hearing conducted pursuant to subsection (f) or (k)
shall be final, except that any party involved in such
hearing may appeal such decision under the provisions
of subsection (g) and paragraph (2).
‘‘(B) DECISION
MADE
AT
APPEAL.—A decision made
under subsection (g) shall be final, except 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 appeal under subsection (g), and
any party aggrieved by the findings and decision made
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 jurisdiction or in a district court of
the United States, without regard to the amount in con-
troversy.
H. R. 1350—78
‘‘(B) LIMITATION.—The party bringing the action shall
have 90 days from the date of the decision of the hearing
officer to bring such an action, or, if the State has an
explicit time limitation for bringing such action under this
part, in such time as the State law allows.
‘‘(C) 
ADDITIONAL
REQUIREMENTS.—In 
any 
action
brought under this paragraph, the court—
‘‘(i) shall receive the records of the administrative
proceedings;
‘‘(ii) shall hear additional evidence at the request
of a party; and
‘‘(iii) basing its decision on the preponderance of
the evidence, shall grant such relief as the court deter-
mines is appropriate.
‘‘(3) JURISDICTION OF DISTRICT COURTS; ATTORNEYS’ FEES.—
‘‘(A) IN GENERAL.—The district courts of the United
States shall have jurisdiction of actions 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 reasonable 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 edu-
cational agency or local educational agency against
the attorney 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 frivolous,
unreasonable, or without foundation; or
‘‘(III) to a prevailing State educational agency
or local educational agency against the attorney
of a parent, or against the parent, if the parent’s
complaint or subsequent cause of action was pre-
sented for any improper purpose, such as to harass,
to cause unnecessary delay, or to needlessly
increase the cost of litigation.
‘‘(ii) RULE
OF
CONSTRUCTION.—Nothing in this
subparagraph shall be construed to affect section 327
of the District of Columbia Appropriations Act, 2005.
‘‘(C) DETERMINATION
OF
AMOUNT
OF
ATTORNEYS’
FEES.—Fees awarded under this paragraph shall be based
on rates prevailing in the community in which the action
or proceeding arose for the kind and quality of services
furnished. No bonus or multiplier may be used in calcu-
lating the fees awarded under this subsection.
‘‘(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—
H. R. 1350—79
‘‘(I) the offer is made within the time pre-
scribed by Rule 68 of the Federal Rules of Civil
Procedure or, in the case of an administrative pro-
ceeding, 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 finally obtained by the
parents is not more favorable to the parents than
the offer of settlement.
‘‘(ii) IEP TEAM MEETINGS.—Attorneys’ fees may not
be awarded relating to any meeting of the IEP Team
unless such meeting is convened as a result of an
administrative proceeding or judicial action, or, at the
discretion of the State, for a mediation described in
subsection (e).
‘‘(iii) OPPORTUNITY
TO
RESOLVE
COMPLAINTS.—A
meeting conducted pursuant to subsection (f)(1)(B)(i)
shall not be considered—
‘‘(I) a meeting convened as a result 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 ATTORNEYS’ FEES
AND RELATED COSTS.—Notwithstanding subparagraph (D),
an award of attorneys’ fees and related costs may be made
to a parent who is the prevailing party and who was
substantially justified in rejecting the settlement offer.
‘‘(F) REDUCTION
IN
AMOUNT
OF
ATTORNEYS’ FEES.—
Except as provided in subparagraph (G), whenever the
court finds that—
‘‘(i) the parent, or the parent’s attorney, during
the course of the action or proceeding, unreasonably
protracted the final resolution of the controversy;
‘‘(ii) the amount of the attorneys’ fees otherwise
authorized to be awarded unreasonably exceeds the
hourly rate prevailing in the community for similar
services by attorneys of reasonably comparable skill,
reputation, and experience;
‘‘(iii) the time spent and legal services furnished
were excessive considering the nature of the action
or proceeding; or
‘‘(iv) the attorney representing the parent did not
provide to the local educational agency the appropriate
information in the notice of the complaint described
in subsection (b)(7)(A),
the court shall reduce, accordingly, the amount of the attor-
neys’ fees awarded under this section.
‘‘(G) EXCEPTION TO REDUCTION IN AMOUNT OF ATTOR-
NEYS’ FEES.—The provisions of subparagraph (F) shall not
apply in any action or proceeding if the court finds that
the State or local educational agency unreasonably pro-
tracted the final resolution of the action or proceeding
or there was a violation of this section.
‘‘(j) MAINTENANCE
OF CURRENT EDUCATIONAL PLACEMENT.—
Except as provided in subsection (k)(4), during the pendency of
H. R. 1350—80
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 the 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 completed.
‘‘(k) PLACEMENT IN ALTERNATIVE EDUCATIONAL SETTING.—
‘‘(1) AUTHORITY OF SCHOOL PERSONNEL.—
‘‘(A) CASE-BY-CASE DETERMINATION.—School personnel
may consider any unique circumstances on a case-by-case
basis when determining whether to order a change in place-
ment for a child with a disability who violates a code
of student conduct.
‘‘(B) AUTHORITY.—School personnel under this sub-
section may remove a child with a disability who violates
a code of student conduct from their current placement
to an appropriate interim alternative educational setting,
another setting, or suspension, for not more than 10 school
days (to the extent such alternatives are applied to children
without disabilities).
‘‘(C) ADDITIONAL AUTHORITY.—If school personnel seek
to order a change in placement that would exceed 10 school
days and the behavior 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 (E), the
relevant disciplinary procedures applicable to children
without disabilities may be applied to the child in the
same manner and for the same duration in which the
procedures would be applied to children without disabil-
ities, except as provided in section 612(a)(1) although it
may be provided in an interim alternative educational set-
ting.
‘‘(D) SERVICES.—A child with a disability who is
removed from the child’s current placement under subpara-
graph (G) (irrespective of whether the behavior is deter-
mined to be a manifestation of the child’s disability) or
subparagraph (C) shall—
‘‘(i) continue to receive educational services, as pro-
vided in section 612(a)(1), so as to enable the child
to continue to participate 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, as appropriate, a functional behavioral
assessment, behavioral intervention services and modi-
fications, that are designed to address the behavior
violation so that it does not recur.
‘‘(E) MANIFESTATION DETERMINATION.—
‘‘(i) IN GENERAL.—Except as provided in subpara-
graph (B), within 10 school days of any decision to
change the placement of a child with a disability
because of a violation of a code of student conduct,
the local educational agency, the parent, and relevant
members of the IEP Team (as determined by the parent
and the local educational agency) shall review all rel-
evant information in the student’s file, including the
H. R. 1350—81
child’s IEP, any teacher observations, and any relevant
information provided by the parents to determine—
‘‘(I) if the conduct in question was caused by,
or had a direct and substantial relationship to,
the child’s disability; or
‘‘(II) if the conduct in question was the direct
result of the local educational agency’s failure to
implement the IEP.
‘‘(ii) MANIFESTATION.—If the local educational
agency, the parent, and relevant members of the IEP
Team determine 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.
‘‘(F) DETERMINATION THAT BEHAVIOR WAS A MANIFESTA-
TION.—If the local educational agency, the parent, and
relevant members of the IEP Team make the determination
that the conduct was a manifestation of the child’s dis-
ability, the IEP Team shall—
‘‘(i) conduct a functional behavioral assessment,
and implement a behavioral intervention plan for such
child, provided that the local educational agency had
not conducted such assessment prior to such deter-
mination before the behavior that resulted in a change
in placement described in subparagraph (C) or (G);
‘‘(ii) in the situation where a behavioral interven-
tion plan has been developed, review the behavioral
intervention plan if the child already has such a behav-
ioral intervention plan, and modify it, as necessary,
to address the behavior; and
‘‘(iii) except as provided in subparagraph (G),
return the child to the placement from which the child
was removed, unless the parent and the local edu-
cational agency agree to a change of placement as
part of the modification of the behavioral intervention
plan.
‘‘(G) SPECIAL CIRCUMSTANCES.—School personnel may
remove a student to an interim alternative educational
setting for not more than 45 school days without regard
to whether the behavior is determined to be a manifestation
of the child’s disability, in cases where a child—
‘‘(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;
‘‘(ii) knowingly possesses or uses illegal drugs, or
sells or solicits the sale of a controlled substance, while
at school, on school premises, or at a school function
under the jurisdiction of a State or local educational
agency; or
‘‘(iii) has inflicted serious bodily injury upon
another person while at school, on school premises,
or at a school function under the jurisdiction of a
State or local educational agency.
‘‘(H) 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,
H. R. 1350—82
and of all procedural safeguards accorded under this sec-
tion.
‘‘(2) DETERMINATION OF SETTING.—The interim alternative
educational setting in subparagraphs (C) and (G) of paragraph
(1) shall be determined by the IEP Team.
‘‘(3) APPEAL.—
‘‘(A) IN GENERAL.—The parent of a child with a dis-
ability who disagrees with any decision regarding place-
ment, or the manifestation determination under this sub-
section, or a local educational agency that believes that
maintaining the current placement of the child is substan-
tially likely to result in injury to the child or to others,
may request a hearing.
‘‘(B) AUTHORITY OF HEARING OFFICER.—
‘‘(i) IN GENERAL.—A hearing officer shall hear, and
make a determination regarding, an appeal requested
under subparagraph (A).
‘‘(ii) CHANGE OF PLACEMENT ORDER.—In making
the determination under clause (i), the hearing officer
may order a change in placement of a child with a
disability. In such situations, the hearing officer may—
‘‘(I) return a child with a disability to the
placement from which the child was removed; or
‘‘(II) order a change in placement of a child
with a disability to an appropriate interim alter-
native educational setting for not more than 45
school days if the hearing officer determines that
maintaining the current placement of such child
is substantially likely to result in injury to the
child or to others.
‘‘(4) PLACEMENT DURING APPEALS.—When an appeal under
paragraph (3) has been requested by either the parent or the
local educational agency—
‘‘(A) the child shall remain in the interim alternative
educational setting pending the decision of the hearing
officer or until the expiration of the time period provided
for in paragraph (1)(C), 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 and shall result
in a determination within 10 school days after the hearing.
‘‘(5) PROTECTIONS
FOR
CHILDREN
NOT
YET
ELIGIBLE
FOR
SPECIAL EDUCATION AND RELATED SERVICES.—
‘‘(A) IN GENERAL.—A child who has not been deter-
mined to be eligible for special education and related serv-
ices under this part and who has engaged in behavior
that violates a code of student conduct, may assert any
of the protections provided for in this part if the local
educational agency had knowledge (as determined in
accordance with this paragraph) that the child was a child
with a disability before the behavior that precipitated the
disciplinary action occurred.
‘‘(B) BASIS OF KNOWLEDGE.—A local educational agency
shall be deemed to have knowledge that a child is a child
H. R. 1350—83
with a disability if, before the behavior that precipitated
the disciplinary action occurred—
‘‘(i) the parent of the child has expressed concern
in writing to supervisory or administrative personnel
of the appropriate educational agency, or a teacher
of the child, that the child is in need of special edu-
cation and related services;
‘‘(ii) the parent of the child has requested an
evaluation of the child pursuant to section 614(a)(1)(B);
or
‘‘(iii) the teacher of the child, or other personnel
of the local educational agency, has expressed specific
concerns about a pattern of behavior demonstrated
by the child, directly to the director of special education
of such agency or to other supervisory personnel of
the agency.
‘‘(C) EXCEPTION.—A local educational agency shall not
be deemed to have knowledge that the child is a child
with a disability if the parent of the child has not allowed
an evaluation of the child pursuant to section 614 or has
refused services under this part or the child has been
evaluated and it was determined that the child was not
a child with a disability under this part.
‘‘(D) CONDITIONS THAT APPLY IF NO BASIS OF KNOWL-
EDGE.—
‘‘(i) IN GENERAL.—If a local educational 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 comparable behaviors consistent with clause (ii).
‘‘(ii) LIMITATIONS.—If a request is made for an
evaluation of a child during the time period in which
the child is subjected to disciplinary measures under
this subsection, the evaluation shall be conducted in
an expedited manner. If the child is determined 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 serv-
ices 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 ENFORCEMENT AND
JUDICIAL AUTHORITIES.—
‘‘(A) RULE
OF
CONSTRUCTION.—Nothing in this part
shall be construed to prohibit an agency from reporting
a crime committed by a child with a disability to appro-
priate authorities or to prevent State law enforcement and
judicial authorities from exercising their responsibilities
with regard 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
H. R. 1350—84
of the child are transmitted for consideration by the appro-
priate authorities to whom the agency reports the crime.
‘‘(7) DEFINITIONS.—In this subsection:
‘‘(A) CONTROLLED
SUBSTANCE.—The term ‘controlled
substance’ means a drug or other substance 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 sub-
stance that is legally possessed or used under the super-
vision of a licensed health-care professional or that is
legally possessed or used under any other authority under
that Act or under any other provision of Federal law.
‘‘(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 Americans with Disabilities
Act of 1990, title V of the Rehabilitation Act of 1973, or other
Federal laws protecting the rights of children with disabilities,
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.—
‘‘(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
incompetent under State law)—
‘‘(A) the agency shall provide any notice required by
this section to both the individual 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 incarcerated 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 determined 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, another appro-
priate individual, to represent the educational interests of the
child throughout the period of eligibility of the child under
this part.
‘‘(n) ELECTRONIC MAIL.—A parent of a child with a disability
may elect to receive notices required under this section by an
H. R. 1350—85
electronic mail (e-mail) communication, if the agency makes such
option available.
‘‘(o) SEPARATE COMPLAINT.—Nothing in this section shall be
construed to preclude a parent from filing a separate due process
complaint on an issue separate from a due process complaint
already filed.
‘‘SEC. 616. MONITORING, TECHNICAL ASSISTANCE, AND ENFORCE-
MENT.
‘‘(a) FEDERAL AND STATE MONITORING.—
‘‘(1) IN GENERAL.—The Secretary shall—
‘‘(A) monitor implementation of this part through—
‘‘(i) oversight of the exercise of general supervision
by the States, as required in section 612(a)(11); and
‘‘(ii) the State performance plans, described in sub-
section (b);
‘‘(B) enforce this part in accordance with subsection
(e); and
‘‘(C) require States to—
‘‘(i) monitor implementation of this part by local
educational agencies; and
‘‘(ii) enforce this part in accordance with paragraph
(3) and subsection (e).
‘‘(2) FOCUSED MONITORING.—The primary focus of Federal
and State monitoring activities described in paragraph (1) shall
be on—
‘‘(A) improving educational results and functional out-
comes for all children with disabilities; and
‘‘(B) ensuring that States meet the program require-
ments under this part, with a particular emphasis on those
requirements that are most closely related to improving
educational results for children with disabilities.
‘‘(3) MONITORING PRIORITIES.—The Secretary shall monitor
the States, and shall require each State to monitor the local
educational agencies located in the State (except the State
exercise of general supervisory responsibility), using quantifi-
able indicators in each of the following priority areas, and
using such qualitative indicators as are needed to adequately
measure performance in the following priority areas:
‘‘(A) Provision of a free appropriate public education
in the least restrictive environment.
‘‘(B) State exercise of general supervisory authority,
including child find, effective monitoring, the use of resolu-
tion sessions, mediation, voluntary binding arbitration, and
a system of transition services as defined in sections
602(34) and 637(a)(9).
‘‘(C) Disproportionate representation of racial and
ethnic groups in special education and related services,
to the extent the representation is the result of inappro-
priate identification.
‘‘(4) PERMISSIVE AREAS OF REVIEW.—The Secretary shall
consider other relevant information and data, including data
provided by States under section 618.
‘‘(b) STATE PERFORMANCE PLANS.—
‘‘(1) PLAN.—
H. R. 1350—86
‘‘(A) IN
GENERAL.—Not later than 1 year after the
date of enactment of the Individuals with Disabilities Edu-
cation Improvement Act of 2004, each State shall have
in place a performance plan that evaluates that State’s
efforts to implement the requirements and purposes of
this part and describes how the State will improve such
implementation.
‘‘(B) SUBMISSION
FOR
APPROVAL.—Each State shall
submit the State’s performance plan to the Secretary for
approval in accordance with the approval process described
in subsection (c).
‘‘(C) REVIEW.—Each State shall review its State
performance plan at least once every 6 years and submit
any amendments to the Secretary.
‘‘(2) TARGETS.—
‘‘(A) IN GENERAL.—As a part of the State performance
plan described under paragraph (1), each State shall estab-
lish measurable and rigorous targets for the indicators
established under the priority areas described in subsection
(a)(3).
‘‘(B) DATA COLLECTION.—
‘‘(i) IN GENERAL.—Each State shall collect valid
and reliable information as needed to report annually
to the Secretary on the priority areas described in
subsection (a)(3).
‘‘(ii) RULE OF CONSTRUCTION.—Nothing in this title
shall be construed to authorize the development of
a nationwide database of personally identifiable
information on individuals involved in studies or other
collections of data under this part.
‘‘(C) PUBLIC REPORTING AND PRIVACY.—
‘‘(i) IN GENERAL.—The State shall use the targets
established in the plan and priority areas described
in subsection (a)(3) to analyze the performance of each
local educational agency in the State in implementing
this part.
‘‘(ii) REPORT.—
‘‘(I) PUBLIC REPORT.—The State shall report
annually to the public on the performance of each
local educational agency located in the State on
the targets in the State’s performance plan. The
State shall make the State’s performance plan
available through public means, including by
posting on the website of the State educational
agency, distribution to the media, and distribution
through public agencies.
‘‘(II) STATE PERFORMANCE REPORT.—The State
shall report annually to the Secretary on the
performance of the State under the State’s
performance plan.
‘‘(iii) PRIVACY.—The State shall not report to the
public or the Secretary any information on performance
that would result in the disclosure of personally identi-
fiable information about individual children or where
the available data is insufficient to yield statistically
reliable information.
‘‘(c) APPROVAL PROCESS.—
H. R. 1350—87
‘‘(1) DEEMED
APPROVAL.—The Secretary shall review
(including the specific provisions described in subsection (b))
each performance plan submitted by a State pursuant to sub-
section (b)(1)(B) and the plan shall be deemed to be approved
by the Secretary unless the Secretary makes a written deter-
mination, prior to the expiration of the 120-day period begin-
ning on the date on which the Secretary received the plan,
that the plan does not meet the requirements of this section,
including the specific provisions described in subsection (b).
‘‘(2) DISAPPROVAL.—The Secretary shall not finally dis-
approve a performance plan, except after giving the State notice
and an opportunity for a hearing.
‘‘(3) NOTIFICATION.—If the Secretary finds that the plan
does not meet the requirements, in whole or in part, of this
section, the Secretary shall—
‘‘(A) give the State notice and an opportunity for a
hearing; and
‘‘(B) notify the State of the finding, and in such notifica-
tion shall—
‘‘(i) cite the specific provisions in the plan that
do not meet the requirements; and
‘‘(ii) request additional information, only as to the
provisions not meeting the requirements, needed for
the plan to meet the requirements of this section.
‘‘(4) RESPONSE.—If the State responds to the Secretary’s
notification described in paragraph (3)(B) during the 30-day
period beginning on the date on which the State received the
notification, and resubmits the plan with the requested informa-
tion described in paragraph (3)(B)(ii), the Secretary shall
approve or disapprove such plan prior to the later of—
‘‘(A) the expiration of the 30-day period beginning on
the date on which the plan is resubmitted; or
‘‘(B) the expiration of the 120-day period described
in paragraph (1).
‘‘(5) FAILURE TO RESPOND.—If the State does not respond
to the Secretary’s notification described in paragraph (3)(B)
during the 30-day period beginning on the date on which the
State received the notification, such plan shall be deemed to
be disapproved.
‘‘(d) SECRETARY’S REVIEW AND DETERMINATION.—
‘‘(1) REVIEW.—The Secretary shall annually review the
State performance report submitted pursuant to subsection
(b)(2)(C)(ii)(II) in accordance with this section.
‘‘(2) DETERMINATION.—
‘‘(A) IN GENERAL.—Based on the information provided
by the State in the State performance report, information
obtained through monitoring visits, and any other public
information made available, the Secretary shall determine
if the State—
‘‘(i) meets the requirements and purposes of this
part;
‘‘(ii) needs assistance in implementing the require-
ments of this part;
‘‘(iii) needs intervention in implementing the
requirements of this part; or
‘‘(iv) needs substantial intervention in imple-
menting the requirements of this part.
H. R. 1350—88
‘‘(B) NOTICE AND OPPORTUNITY FOR A HEARING.—For
determinations made under clause (iii) or (iv) of subpara-
graph (A), the Secretary shall provide reasonable notice
and an opportunity for a hearing on such determination.
‘‘(e) ENFORCEMENT.—
‘‘(1) NEEDS ASSISTANCE.—If the Secretary determines, for
2 consecutive years, that a State needs assistance under sub-
section (d)(2)(A)(ii) in implementing the requirements of this
part, the Secretary shall take 1 or more of the following actions:
‘‘(A) Advise the State of available sources of technical
assistance that may help the State address the areas in
which the State needs assistance, which may include assist-
ance from the Office of Special Education Programs, other
offices of the Department of Education, other Federal agen-
cies, technical assistance providers approved by the Sec-
retary, and other federally funded nonprofit agencies, and
require the State to work with appropriate entities. Such
technical assistance may include—
‘‘(i) the provision of advice by experts to address
the areas in which the State needs assistance,
including explicit plans for addressing the area for
concern within a specified period of time;
‘‘(ii) assistance in identifying and implementing
professional development, instructional strategies, and
methods of instruction that are based on scientifically
based research;
‘‘(iii) designating and using distinguished super-
intendents, principals, special education administra-
tors, special education teachers, and other teachers
to provide advice, technical assistance, and support;
and
‘‘(iv) devising additional approaches to providing
technical assistance, such as collaborating with institu-
tions of higher education, educational service agencies,
national centers of technical assistance supported
under part D, and private providers of scientifically
based technical assistance.
‘‘(B) Direct the use of State-level funds under section
611(e) on the area or areas in which the State needs
assistance.
‘‘(C) Identify the State as a high-risk grantee and
impose special conditions on the State’s grant under this
part.
‘‘(2) NEEDS INTERVENTION.—If the Secretary determines,
for 3 or more consecutive years, that a State needs intervention
under subsection (d)(2)(A)(iii) in implementing the requirements
of this part, the following shall apply:
‘‘(A) The Secretary may take any of the actions
described in paragraph (1).
‘‘(B) The Secretary shall take 1 or more of the following
actions:
‘‘(i) Require the State to prepare a corrective action
plan or improvement plan if the Secretary determines
that the State should be able to correct the problem
within 1 year.
‘‘(ii) Require the State to enter into a compliance
agreement under section 457 of the General Education
H. R. 1350—89
Provisions Act, if the Secretary has reason to believe
that the State cannot correct the problem within 1
year.
‘‘(iii) For each year of the determination, withhold
not less than 20 percent and not more than 50 percent
of the State’s funds under section 611(e), until the
Secretary 
determines 
the 
State 
has 
sufficiently
addressed the areas in which the State needs interven-
tion.
‘‘(iv) Seek to recover funds under section 452 of
the General Education Provisions Act.
‘‘(v) Withhold, in whole or in part, any further
payments to the State under this part pursuant to
paragraph (5).
‘‘(vi) Refer the matter for appropriate enforcement
action, which may include referral to the Department
of Justice.
‘‘(3) NEEDS SUBSTANTIAL INTERVENTION.—Notwithstanding
paragraph (1) or (2), at any time that the Secretary determines
that a State needs substantial intervention in implementing
the requirements of this part or that there is a substantial
failure to comply with any condition of a State educational
agency’s or local educational agency’s eligibility under this part,
the Secretary shall take 1 or more of the following actions:
‘‘(A) Recover funds under section 452 of the General
Education Provisions Act.
‘‘(B) Withhold, in whole or in part, any further pay-
ments to the State under this part.
‘‘(C) Refer the case to the Office of the Inspector Gen-
eral at the Department of Education.
‘‘(D) Refer the matter for appropriate enforcement
action, which may include referral to the Department of
Justice.
‘‘(4) OPPORTUNITY FOR HEARING.—
‘‘(A) WITHHOLDING FUNDS.—Prior to withholding any
funds under this section, the Secretary shall provide
reasonable notice and an opportunity for a hearing to the
State educational agency involved.
‘‘(B) SUSPENSION.—Pending the outcome of any hearing
to withhold payments under subsection (b), the Secretary
may suspend payments to a recipient, suspend the
authority of the recipient to obligate funds under this part,
or both, after such recipient has been given reasonable
notice and an opportunity to show cause why future pay-
ments or authority to obligate funds under this part should
not be suspended.
‘‘(5) REPORT TO CONGRESS.—The Secretary shall report to
the Committee on Education and the Workforce of the House
of Representatives and the Committee on Health, Education,
Labor, and Pensions of the Senate within 30 days of taking
enforcement action pursuant to paragraph (1), (2), or (3), on
the specific action taken and the reasons why enforcement
action was taken.
‘‘(6) NATURE OF WITHHOLDING.—
‘‘(A) LIMITATION.—If the Secretary withholds further
payments pursuant to paragraph (2) or (3), the Secretary
may determine—
H. R. 1350—90
‘‘(i) that such withholding will be limited to pro-
grams or projects, or portions of programs or projects,
that affected the Secretary’s determination under sub-
section (d)(2); or
‘‘(ii) that the State educational agency shall not
make further payments under this part to specified
State agencies or local educational agencies that caused
or were involved in the Secretary’s determination
under subsection (d)(2).
‘‘(B) WITHHOLDING UNTIL RECTIFIED.—Until the Sec-
retary is satisfied that the condition that caused the initial
withholding has been substantially rectified—
‘‘(i) payments to the State under this part shall
be withheld in whole or in part; and
‘‘(ii) payments by the State educational agency
under this part shall be limited to State agencies and
local educational agencies whose actions did not cause
or were not involved in the Secretary’s determination
under subsection (d)(2), as the case may be.
‘‘(7) PUBLIC ATTENTION.—Any State that has received notice
under subsection (d)(2) shall, by means of a 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 State.
‘‘(8) JUDICIAL REVIEW.—
‘‘(A) IN
GENERAL.—If any State is dissatisfied with
the Secretary’s action with respect 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 transmitted by the clerk of the court
to the Secretary. 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 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 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
be conclusive if supported by substantial evidence.
‘‘(f) STATE ENFORCEMENT.—If a State educational agency deter-
mines that a local educational agency is not meeting the require-
ments of this part, including the targets in the State’s performance
H. R. 1350—91
plan, the State educational agency shall prohibit the local edu-
cational agency from reducing the local educational agency’s mainte-
nance of effort under section 613(a)(2)(C) for any fiscal year.
‘‘(g) RULE OF CONSTRUCTION.—Nothing in this section shall
be construed to restrict the Secretary from utilizing any authority
under the General Education Provisions Act to monitor and enforce
the requirements of this title.
‘‘(h) 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 edu-
cational agency pursuant to section 612(a)(11)(C), the Secretary,
in instances 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—
‘‘(1) any reduction or withholding of payments to the State
shall be proportionate to the total funds allotted under section
611 to the State as the number of eligible children with disabil-
ities in adult prisons under the supervision of the other public
agency is proportionate to the number of eligible individuals
with disabilities in the State under the supervision of the
State educational agency; and
‘‘(2) any withholding of funds under paragraph (1) shall
be limited to the specific agency responsible for the failure
to comply with this part.
‘‘(i) DATA CAPACITY AND TECHNICAL ASSISTANCE REVIEW.—The
Secretary shall—
‘‘(1) review the data collection and analysis capacity of
States to ensure that data and information determined nec-
essary for implementation of this section is collected, analyzed,
and accurately reported to the Secretary; and
‘‘(2) provide technical assistance (from funds reserved under
section 611(c)), where needed, to improve the capacity of States
to meet the data collection requirements.
‘‘SEC. 617. ADMINISTRATION.
‘‘(a) RESPONSIBILITIES OF SECRETARY.—The Secretary 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 disabilities; and
‘‘(B) carrying out this part; and
‘‘(2) provide short-term training programs and institutes.
‘‘(b) PROHIBITION AGAINST FEDERAL MANDATES, DIRECTION, OR
CONTROL.—Nothing in this title shall be construed to authorize
an officer or employee of the Federal Government to mandate,
direct, or control a State, local educational agency, or school’s spe-
cific instructional content, academic achievement standards and
assessments, curriculum, or program of instruction.
‘‘(c) CONFIDENTIALITY.—The Secretary shall take appropriate
action, in accordance with section 444 of the General Education
Provisions Act, to ensure the protection of the confidentiality of
any personally identifiable data, information, and records collected
or maintained by the Secretary and by State educational agencies
and local educational agencies pursuant to this part.
H. R. 1350—92
‘‘(d) PERSONNEL.—The Secretary is authorized to hire qualified
personnel necessary to carry out the Secretary’s duties under sub-
section (a), under section 618, and under subpart 4 of part D,
without regard to the provisions of title 5, United States Code,
relating to appointments in the competitive 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 no more than 20 such personnel shall be employed at any
time.
‘‘(e) MODEL FORMS.—Not later than the date that the Secretary
publishes final regulations under this title, to implement amend-
ments made by the Individuals with Disabilities Education Improve-
ment Act of 2004, the Secretary shall publish and disseminate
widely to States, local educational agencies, and parent and commu-
nity 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 described
in subsections (b)(3) and (c)(1) of section 615 that is consistent
with the requirements of this part and is sufficient to meet
such requirements.
‘‘SEC. 618. PROGRAM INFORMATION.
‘‘(a) IN GENERAL.—Each State that receives assistance under
this part, and the Secretary of the Interior, shall provide data
each year to the Secretary of Education and the public on the
following:
‘‘(1)(A) The number and percentage of children with disabil-
ities, by race, ethnicity, limited English proficiency status,
gender, and disability category, who are in each of the following
separate categories:
‘‘(i) Receiving a free appropriate public education.
‘‘(ii) Participating in regular education.
‘‘(iii) In separate classes, separate schools or facilities,
or public or private residential facilities.
‘‘(iv) For each year of age from age 14 through 21,
stopped receiving special education and related services
because 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.
‘‘(v)(I) Removed to an interim alternative educational
setting under section 615(k)(1).
‘‘(II) The acts or items precipitating those
removals.
‘‘(III) The number of children with disabilities who
are subject to long-term suspensions or expulsions.
‘‘(B) The number and percentage of children with disabil-
ities, by race, gender, and ethnicity, who are receiving early
intervention services.
‘‘(C) The number and percentage of children with disabil-
ities, by race, gender, and ethnicity, who, from birth through
age 2, stopped receiving early intervention services because
of program completion or for other reasons.
H. R. 1350—125
‘‘(B) improve the knowledge of special education and
regular education teachers and principals and, in appro-
priate cases, paraprofessionals, concerning effective instruc-
tional practices, and that—
‘‘(i) provide training in how to teach and address
the needs of children with different learning styles
and children who are limited English proficient;
‘‘(ii) involve collaborative groups of teachers,
administrators, and, in appropriate cases, related serv-
ices personnel;
‘‘(iii) provide training in methods of—
‘‘(I) positive behavioral interventions and sup-
ports to improve student behavior in the classroom;
‘‘(II) scientifically based reading instruction,
including early literacy instruction;
‘‘(III) early and appropriate interventions to
identify and help children with disabilities;
‘‘(IV) effective instruction for children with low
incidence disabilities;
‘‘(V) successful transitioning to postsecondary
opportunities; and
‘‘(VI) using classroom-based techniques to
assist children prior to referral for special edu-
cation;
‘‘(iv) provide training to enable personnel to work
with and involve parents in their child’s education,
including parents of low income and limited English
proficient children with disabilities;
‘‘(v) provide training for special education per-
sonnel and regular education personnel in planning,
developing, and implementing effective and appro-
priate IEPs; and
‘‘(vi) provide training to meet the needs of students
with significant health, mobility, or behavioral needs
prior to serving such students;
‘‘(C) train administrators, principals, and other rel-
evant school personnel in conducting effective IEP
meetings; and
‘‘(D) train early intervention, preschool, and related
services providers, and other relevant school personnel,
in conducting effective individualized family service plan
(IFSP) meetings.
‘‘(4) Developing and implementing initiatives to promote
the recruitment and retention of highly qualified special edu-
cation teachers, particularly initiatives that have been proven
effective in recruiting and retaining highly qualified teachers,
including programs that provide—
‘‘(A) teacher mentoring from exemplary special edu-
cation teachers, principals, or superintendents;
‘‘(B) induction and support for special education
teachers during their first 3 years of employment as
teachers; or
‘‘(C) incentives, including financial incentives, to retain
special education teachers who have a record of success
in helping students with disabilities.
H. R. 1350—161
(o) DISTRICT OF COLUMBIA SCHOOL REFORM ACT OF 1995.—
The District of Columbia School Reform Act of 1995 (Public Law
104–134) is amended—
(1) in section 2002(32)—
(A) by striking ‘‘602(a)(1)’’ and inserting ‘‘602’’; and
(B) by striking ‘‘1401(a)(1)’’ and inserting ‘‘1401’’;
(2) in section 2202(19), by striking ‘‘Individuals With’’ and
inserting ‘‘Individuals with’’; and
(3) in section 2210—
(A) in the heading for subsection (c), by striking ‘‘WITH
DISABILITIES’’ and inserting ‘‘WITH DISABILITIES’’; and
(B) in subsection (c), by striking ‘‘Individuals With’’
and inserting ‘‘Individuals with’’.
SEC. 306. COPYRIGHT.
Section 121 of title 17, United States Code, is amended—
(1) by redesignating subsection (c) as subsection (d);
(2) by inserting after subsection (b) the following:
‘‘(c) Notwithstanding the provisions of section 106, it is not
an infringement of copyright for a publisher of print instructional
materials for use in elementary or secondary schools to create
and distribute to the National Instructional Materials Access Center
copies of the electronic files described in sections 612(a)(23)(C),
613(a)(6), and section 674(e) of the Individuals with Disabilities
Education Act that contain the contents of print instructional mate-
rials using the National Instructional Material Accessibility
Standard (as defined in section 674(e)(3) of that Act), if—
‘‘(1) the inclusion of the contents of such print instructional
materials is required by any State educational agency or local
educational agency;
‘‘(2) the publisher had the right to publish such print
instructional materials in print formats; and
‘‘(3) such copies are used solely for reproduction or distribu-
tion of the contents of such print instructional materials in
specialized formats.’’; and
(3) in subsection (d), as redesignated by this section—
(A) in paragraph (2), by striking ‘‘and’’ after the semi-
colon; and
(B) by striking paragraph (3) and inserting the fol-
lowing:
‘‘(3) ‘print instructional materials’ has the meaning given
under section 674(e)(3)(C) of the Individuals with Disabilities
Education Act; and
‘‘(4) ‘specialized formats’ means—
‘‘(A) braille, audio, or digital text which is exclusively
for use by blind or other persons with disabilities; and
‘‘(B) with respect to print instructional materials,
includes large print formats when such materials are
H. R. 1350—162
distributed exclusively for use by blind or other persons
with disabilities.’’.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate.