H. R. 1350—120
‘‘(C) the types of activities proposed by the State or
outlying area;
‘‘(D) the alignment of proposed activities with section
612(a)(14);
‘‘(E) the alignment of proposed activities with the State
plans and applications submitted under sections 1111 and
2112, respectively, of the Elementary and Secondary Edu-
cation Act of 1965; and
‘‘(F) the use, as appropriate, of scientifically based
research activities.
‘‘(d) FORMULA GRANTS.—
‘‘(1) IN GENERAL.—Except as provided in paragraphs (2)
and (3), for the first fiscal year for which the amount appro-
priated under section 655, that remains after the Secretary
reserves funds under subsection (e) for the fiscal year, is equal
to or greater than $100,000,000, and for each fiscal year there-
after, the Secretary shall allot to each State educational agency,
whose application meets the requirements of this subpart, an
amount that bears the same relation to the amount remaining
as the amount the State received under section 611(d) for
that fiscal year bears to the amount of funds received by all
States (whose applications meet the requirements of this sub-
part) under section 611(d) for that fiscal year.
‘‘(2) MINIMUM
ALLOTMENTS
FOR
STATES
THAT
RECEIVED
COMPETITIVE GRANTS.—
‘‘(A) IN GENERAL.—The amount allotted under this sub-
section to any State educational agency that received a
competitive multi-year grant under subsection (c) for which
the grant period has not expired shall be not less than
the amount specified for that fiscal year in the State edu-
cational agency’s grant award document under that sub-
section.
‘‘(B) SPECIAL
RULE.—Each such State educational
agency shall use the minimum amount described in
subparagraph (A) for the activities described in the State
educational agency’s competitive grant award document
for that year, unless the Secretary approves a request
from the State educational agency to spend the funds on
other activities.
‘‘(3) MINIMUM ALLOTMENT.—The amount of any State edu-
cational agency’s allotment under this subsection for any fiscal
year shall not be less than—
‘‘(A) the greater of $500,000 or 1⁄2 of 1 percent of
the total amount available under this subsection for that
year, in the case of each of the 50 States, the District
of Columbia, and the Commonwealth of Puerto Rico; and
‘‘(B) $80,000, in the case of an outlying area.
‘‘(4) DIRECT BENEFIT.—In using grant funds allotted under
paragraph (1), a State educational agency shall, through grants,
contracts, or cooperative agreements, undertake activities that
significantly and directly benefit the local educational agencies
in the State.
‘‘(e) CONTINUATION AWARDS.—
‘‘(1) IN GENERAL.—Notwithstanding any other provision of
this subpart, from funds appropriated under section 655 for
each fiscal year, the Secretary shall reserve the amount that
H. R. 1350—121
is necessary to make a continuation award to any State edu-
cational agency (at the request of the State educational agency)
that received a multi-year award under this part (as this part
was in effect on the day before the date of enactment of the
Individuals with Disabilities Education Improvement Act of
2004), to enable the State educational agency to carry out
activities in accordance with the terms of the multi-year award.
‘‘(2) PROHIBITION.—A State educational agency that
receives a continuation award under paragraph (1) for any
fiscal year may not receive any other award under this subpart
for that fiscal year.
‘‘SEC. 652. ELIGIBILITY AND COLLABORATIVE PROCESS.
‘‘(a) ELIGIBLE APPLICANTS.—A State educational agency may
apply for a grant under this subpart for a grant period of not
less than 1 year and not more than 5 years.
‘‘(b) PARTNERS.—
‘‘(1) IN GENERAL.—In order to be considered for a grant
under this subpart, a State educational agency shall establish
a partnership with local educational agencies and other State
agencies involved in, or concerned with, the education of chil-
dren with disabilities, including—
‘‘(A) not less than 1 institution of higher education;
and
‘‘(B) the State agencies responsible for administering
part C, early education, child care, and vocational
rehabilitation programs.
‘‘(2) OTHER
PARTNERS.—In order to be considered for a
grant under this subpart, a State educational agency shall
work in partnership with other persons and organizations
involved in, and concerned with, the education of children with
disabilities, which may include—
‘‘(A) the Governor;
‘‘(B) parents of children with disabilities ages birth
through 26;
‘‘(C) parents of nondisabled children ages birth through
26;
‘‘(D) individuals with disabilities;
‘‘(E) parent training and information centers or commu-
nity parent resource centers funded under sections 671
and 672, respectively;
‘‘(F) community based and other nonprofit organiza-
tions involved in the education and employment of individ-
uals with disabilities;
‘‘(G) personnel as defined in section 651(b);
‘‘(H) the State advisory panel established under part
B;
‘‘(I) the State interagency coordinating council estab-
lished under part C;
‘‘(J) individuals knowledgeable about vocational edu-
cation;
‘‘(K) the State agency for higher education;
‘‘(L) public agencies with jurisdiction in the areas of
health, mental health, social services, and juvenile justice;
‘‘(M) other providers of professional development that
work with infants, toddlers, preschoolers, and children with
disabilities; and
H. R. 1350—122
‘‘(N) other individuals.
‘‘(3) REQUIRED PARTNER.—If State law assigns responsi-
bility for teacher preparation and certification to an individual,
entity, or agency other than the State educational agency,
the State educational agency shall—
‘‘(A) include that individual, entity, or agency as a
partner in the partnership under this subsection; and
‘‘(B) ensure that any activities the State educational
agency will carry out under this subpart that are within
that partner’s jurisdiction (which may include activities
described in section 654(b)) are carried out by that partner.
‘‘SEC. 653. APPLICATIONS.
‘‘(a) IN GENERAL.—
‘‘(1) SUBMISSION.—A State educational agency that desires
to receive a grant under this subpart shall submit to the
Secretary an application at such time, in such manner, and
including such information as the Secretary may require.
‘‘(2) STATE
PLAN.—The application shall include a plan
that identifies and addresses the State and local needs for
the personnel preparation and professional development of per-
sonnel, as well as individuals who provide direct supplementary
aids and services to children with disabilities, and that—
‘‘(A) is designed to enable the State to meet the require-
ments of section 612(a)(14) and section 635(a) (8) and (9);
‘‘(B) is based on an assessment of State and local
needs that identifies critical aspects and areas in need
of improvement related to the preparation, ongoing
training, and professional development of personnel who
serve infants, toddlers, preschoolers, and children with
disabilities within the State, including—
‘‘(i) current and anticipated personnel vacancies
and shortages; and
‘‘(ii) the number of preservice and inservice pro-
grams; and
‘‘(C) is integrated and aligned, to the maximum extent
possible, with State plans and activities under the
Elementary and Secondary Education Act of 1965, the
Rehabilitation Act of 1973, and the Higher Education Act
of 1965.
‘‘(3) REQUIREMENT.—The State application shall contain
an assurance that the State educational agency will carry out
each of the strategies described in subsection (b)(4).
‘‘(b) ELEMENTS OF STATE PERSONNEL DEVELOPMENT PLAN.—
Each State personnel development plan under subsection (a)(2)
shall—
‘‘(1) describe a partnership agreement that is in effect
for the period of the grant, which agreement shall specify—
‘‘(A) the nature and extent of the partnership described
in section 652(b) and the respective roles of each member
of the partnership, including the partner described in sec-
tion 652(b)(3) if applicable; and
‘‘(B) how the State educational agency will work with
other persons and organizations involved in, and concerned
with, the education of children with disabilities, including
the respective roles of each of the persons and organiza-
tions;
H. R. 1350—123
‘‘(2) describe how the strategies and activities described
in paragraph (4) will be coordinated with activities supported
with other public resources (including part B and part C funds
retained for use at the State level for personnel and professional
development purposes) and private resources;
‘‘(3) describe how the State educational agency will align
its personnel development plan under this subpart with the
plan and application submitted under sections 1111 and 2112,
respectively, of the Elementary and Secondary Education Act
of 1965;
‘‘(4) describe those strategies the State educational agency
will use to address the professional development and personnel
needs identified under subsection (a)(2) and how such strategies
will be implemented, including—
‘‘(A) a description of the programs and activities to
be supported under this subpart that will provide personnel
with the knowledge and skills to meet the needs of, and
improve the performance and achievement of, infants, tod-
dlers, preschoolers, and children with disabilities; and
‘‘(B) how such strategies will be integrated, to the
maximum extent possible, with other activities supported
by grants funded under section 662;
‘‘(5) provide an assurance that the State educational agency
will provide technical assistance to local educational agencies
to improve the quality of professional development available
to meet the needs of personnel who serve children with disabil-
ities;
‘‘(6) provide an assurance that the State educational agency
will provide technical assistance to entities that provide services
to infants and toddlers with disabilities to improve the quality
of professional development available to meet the needs of
personnel serving such children;
‘‘(7) describe how the State educational agency will recruit
and retain highly qualified teachers and other qualified per-
sonnel in geographic areas of greatest need;
‘‘(8) describe the steps the State educational agency will
take to ensure that poor and minority children are not taught
at higher rates by teachers who are not highly qualified; and
‘‘(9) describe how the State educational agency will assess,
on a regular basis, the extent to which the strategies imple-
mented under this subpart have been effective in meeting the
performance goals described in section 612(a)(15).
‘‘(c) PEER REVIEW.—
‘‘(1) IN
GENERAL.—The Secretary shall use a panel of
experts who are competent, by virtue of their training, exper-
tise, or experience, to evaluate applications for grants under
section 651(c)(1).
‘‘(2) COMPOSITION
OF
PANEL.—A majority of a panel
described in paragraph (1) shall be composed of individuals
who are not employees of the Federal Government.
‘‘(3) PAYMENT OF FEES AND EXPENSES OF CERTAIN MEM-
BERS.—The Secretary may use available funds appropriated
to carry out this subpart to pay the expenses and fees of
panel members who are not employees of the Federal Govern-
ment.
H. R. 1350—124
‘‘(d) REPORTING PROCEDURES.—Each State educational agency
that receives a grant under this subpart shall submit annual
performance reports to the Secretary. The reports shall—
‘‘(1) describe the progress of the State educational agency
in implementing its plan;
‘‘(2) analyze the effectiveness of the State educational
agency’s activities under this subpart and of the State edu-
cational agency’s strategies for meeting its goals under section
612(a)(15); and
‘‘(3) identify changes in the strategies used by the State
educational agency and described in subsection (b)(4), if any,
to improve the State educational agency’s performance.
‘‘SEC. 654. USE OF FUNDS.
‘‘(a) PROFESSIONAL DEVELOPMENT ACTIVITIES.—A State edu-
cational agency that receives a grant under this subpart shall
use the grant funds to support activities in accordance with the
State’s plan described in section 653, including 1 or more of the
following:
‘‘(1) Carrying out programs that provide support to both
special education and regular education teachers of children
with disabilities and principals, such as programs that—
‘‘(A) provide teacher mentoring, team teaching, reduced
class schedules and case loads, and intensive professional
development;
‘‘(B) use standards or assessments for guiding begin-
ning teachers that are consistent with challenging State
student academic achievement and functional standards
and with the requirements for professional development,
as defined in section 9101 of the Elementary and Secondary
Education Act of 1965; and
‘‘(C) encourage collaborative and consultative models
of providing early intervention, special education, and
related services.
‘‘(2) Encouraging and supporting the training of special
education and regular education teachers and administrators
to effectively use and integrate technology—
‘‘(A) into curricula and instruction, including training
to improve the ability to collect, manage, and analyze data
to improve teaching, decisionmaking, school improvement
efforts, and accountability;
‘‘(B) to enhance learning by children with disabilities;
and
‘‘(C) to effectively communicate with parents.
‘‘(3) Providing professional development activities that—
‘‘(A) improve the knowledge of special education and
regular education teachers concerning—
‘‘(i) the academic and developmental or functional
needs of students with disabilities; or
‘‘(ii) effective instructional strategies, methods, and
skills, and the use of State academic content standards
and student academic achievement and functional
standards, and State assessments, to improve teaching
practices and student academic achievement;
H. R. 1350—126
‘‘(5) Carrying out programs and activities that are designed
to improve the quality of personnel who serve children with
disabilities, such as—
‘‘(A) innovative professional development programs
(which may be provided through partnerships that include
institutions of higher education), including programs that
train teachers and principals to integrate technology into
curricula and instruction to improve teaching, learning,
and technology literacy, which professional development
shall be consistent with the definition of professional
development in section 9101 of the Elementary and Sec-
ondary Education Act of 1965; and
‘‘(B) the development and use of proven, cost effective
strategies for the implementation of professional develop-
ment activities, such as through the use of technology
and distance learning.
‘‘(6) Carrying out programs and activities that are designed
to improve the quality of early intervention personnel, including
paraprofessionals and primary referral sources, such as—
‘‘(A) professional development programs to improve the
delivery of early intervention services;
‘‘(B) initiatives to promote the recruitment and reten-
tion of early intervention personnel; and
‘‘(C) interagency activities to ensure that early inter-
vention personnel are adequately prepared and trained.
‘‘(b) OTHER
ACTIVITIES.—A State educational agency that
receives a grant under this subpart shall use the grant funds
to support activities in accordance with the State’s plan described
in section 653, including 1 or more of the following:
‘‘(1) Reforming special education and regular education
teacher certification (including recertification) or licensing
requirements to ensure that—
‘‘(A) special education and regular education teachers
have—
‘‘(i) the training and information necessary to
address the full range of needs of children with disabil-
ities across disability categories; and
‘‘(ii) the necessary subject matter knowledge and
teaching skills in the academic subjects that the
teachers teach;
‘‘(B) special education and regular education teacher
certification (including recertification) or licensing require-
ments are aligned with challenging State academic content
standards; and
‘‘(C) special education and regular education teachers
have the subject matter knowledge and teaching skills,
including technology literacy, necessary to help students
with disabilities meet challenging State student academic
achievement and functional standards.
‘‘(2) Programs that establish, expand, or improve alter-
native routes for State certification of special education teachers
for highly qualified individuals with a baccalaureate or master’s
degree, including mid-career professionals from other occupa-
tions, paraprofessionals, and recent college or university grad-
uates with records of academic distinction who demonstrate
the potential to become highly effective special education
teachers.
H. R. 1350—127
‘‘(3) Teacher advancement initiatives for special education
teachers that promote professional growth and emphasize mul-
tiple career paths (such as paths to becoming a career teacher,
mentor teacher, or exemplary teacher) and pay differentiation.
‘‘(4) Developing and implementing mechanisms to assist
local educational agencies and schools in effectively recruiting
and retaining highly qualified special education teachers.
‘‘(5) Reforming tenure systems, implementing teacher
testing for subject matter knowledge, and implementing teacher
testing for State certification or licensing, consistent with title
II of the Higher Education Act of 1965.
‘‘(6) Funding projects to promote reciprocity of teacher cer-
tification or licensing between or among States for special edu-
cation teachers, except that no reciprocity agreement developed
under this paragraph or developed using funds provided under
this subpart may lead to the weakening of any State teaching
certification or licensing requirement.
‘‘(7) Assisting local educational agencies to serve children
with disabilities through the development and use of proven,
innovative strategies to deliver intensive professional develop-
ment programs that are both cost effective and easily accessible,
such as strategies that involve delivery through the use of
technology, peer networks, and distance learning.
‘‘(8) Developing, or assisting local educational agencies in
developing, merit based performance systems, and strategies
that provide differential and bonus pay for special education
teachers.
‘‘(9) Supporting activities that ensure that teachers are
able to use challenging State academic content standards and
student academic achievement and functional standards, and
State assessments for all children with disabilities, to improve
instructional practices and improve the academic achievement
of children with disabilities.
‘‘(10) When applicable, coordinating with, and expanding
centers established under, section 2113(c)(18) of the Elementary
and Secondary Education Act of 1965 to benefit special edu-
cation teachers.
‘‘(c) CONTRACTS AND SUBGRANTS.—A State educational agency
that receives a grant under this subpart—
‘‘(1) shall award contracts or subgrants to local educational
agencies, institutions of higher education, parent training and
information centers, or community parent resource centers, as
appropriate, to carry out its State plan under this subpart;
and
‘‘(2) may award contracts and subgrants to other public
and private entities, including the lead agency under part C,
to carry out the State plan.
‘‘(d) USE OF FUNDS FOR PROFESSIONAL DEVELOPMENT.—A State
educational agency that receives a grant under this subpart shall
use—
‘‘(1) not less than 90 percent of the funds the State edu-
cational agency receives under the grant for any fiscal year
for activities under subsection (a); and
‘‘(2) not more than 10 percent of the funds the State edu-
cational agency receives under the grant for any fiscal year
for activities under subsection (b).
H. R. 1350—128
‘‘(e) GRANTS TO OUTLYING AREAS.—Public Law 95–134, permit-
ting the consolidation of grants to the outlying areas, shall not
apply to funds received under this subpart.
‘‘SEC. 655. AUTHORIZATION OF APPROPRIATIONS.
‘‘There are authorized to be appropriated to carry out this
subpart such sums as may be necessary for each of the fiscal
years 2005 through 2010.
‘‘Subpart 2—Personnel Preparation, Technical As-
sistance, Model Demonstration Projects, and
Dissemination of Information
‘‘SEC. 661. PURPOSE; DEFINITION OF ELIGIBLE ENTITY.
‘‘(a) PURPOSE.—The purpose of this subpart is—
‘‘(1) to provide Federal funding for personnel preparation,
technical assistance, model demonstration projects, information
dissemination, and studies and evaluations, in order to improve
early intervention, educational, and transitional results for chil-
dren with disabilities; and
‘‘(2) to assist State educational agencies and local edu-
cational agencies in improving their education systems for chil-
dren with disabilities.
‘‘(b) DEFINITION OF ELIGIBLE ENTITY.—
‘‘(1) IN GENERAL.—In this subpart, the term ‘eligible entity’
means—
‘‘(A) a State educational agency;
‘‘(B) a local educational agency;
‘‘(C) a public charter school that is a local educational
agency under State law;
‘‘(D) an institution of higher education;
‘‘(E) a public agency not described in subparagraphs
(A) through (D);
‘‘(F) a private nonprofit organization;
‘‘(G) an outlying area;
‘‘(H) an Indian tribe or a tribal organization (as defined
under section 4 of the Indian Self-Determination and Edu-
cation Assistance Act); or
‘‘(I) a for-profit organization, if the Secretary finds
it appropriate in light of the purposes of a particular com-
petition for a grant, contract, or cooperative agreement
under this subpart.
‘‘(2) SPECIAL RULE.—The Secretary may limit which eligible
entities described in paragraph (1) are eligible for a grant,
contract, or cooperative agreement under this subpart to 1
or more of the categories of eligible entities described in para-
graph (1).
‘‘SEC. 662. PERSONNEL DEVELOPMENT TO IMPROVE SERVICES AND
RESULTS FOR CHILDREN WITH DISABILITIES.
‘‘(a) IN GENERAL.—The Secretary, on a competitive basis, shall
award grants to, or enter into contracts or cooperative agreements
with, eligible entities to carry out 1 or more of the following objec-
tives:
‘‘(1) To help address the needs identified in the State plan
described in section 653(a)(2) for highly qualified personnel,
as defined in section 651(b), to work with infants or toddlers
H. R. 1350—129
with disabilities, or children with disabilities, consistent with
the qualifications described in section 612(a)(14).
‘‘(2) To ensure that those personnel have the necessary
skills and knowledge, derived from practices that have been
determined, through scientifically based research, to be success-
ful in serving those children.
‘‘(3) To encourage increased focus on academics and core
content areas in special education personnel preparation pro-
grams.
‘‘(4) To ensure that regular education teachers have the
necessary skills and knowledge to provide instruction to stu-
dents with disabilities in the regular education classroom.
‘‘(5) To ensure that all special education teachers are highly
qualified.
‘‘(6) To ensure that preservice and in-service personnel
preparation programs include training in—
‘‘(A) the use of new technologies;
‘‘(B) the area of early intervention, educational, and
transition services;
‘‘(C) effectively involving parents; and
‘‘(D) positive behavioral supports.
‘‘(7) To provide high-quality professional development for
principals, superintendents, and other administrators, including
training in—
‘‘(A) instructional leadership;
‘‘(B) behavioral supports in the school and classroom;
‘‘(C) paperwork reduction;
‘‘(D) promoting improved collaboration between special
education and general education teachers;
‘‘(E) assessment and accountability;
‘‘(F) ensuring effective learning environments; and
‘‘(G) fostering positive relationships with parents.
‘‘(b) PERSONNEL DEVELOPMENT; ENHANCED SUPPORT FOR BEGIN-
NING SPECIAL EDUCATORS.—
‘‘(1) IN GENERAL.—In carrying out this section, the Sec-
retary shall support activities—
‘‘(A) for personnel development, including activities for
the preparation of personnel who will serve children with
high incidence and low incidence disabilities, to prepare
special education and general education teachers, prin-
cipals, administrators, and related services personnel (and
school board members, when appropriate) to meet the
diverse and individualized instructional needs of children
with disabilities and improve early intervention, edu-
cational, and transitional services and results for children
with disabilities, consistent with the objectives described
in subsection (a); and
‘‘(B) for enhanced support for beginning special edu-
cators, consistent with the objectives described in sub-
section (a).
‘‘(2) PERSONNEL DEVELOPMENT.—In carrying out paragraph
(1)(A), the Secretary shall support not less than 1 of the fol-
lowing activities:
‘‘(A) Assisting effective existing, improving existing,
or developing new, collaborative personnel preparation
activities undertaken by institutions of higher education,
local educational agencies, and other local entities that