H. R. 1350—147
‘‘(B) Supporting research, development, and dissemina-
tion of technology with universal design features, so that
the technology is accessible to the broadest range of individ-
uals with disabilities without further modification or
adaptation.
‘‘(C) Demonstrating the use of systems to provide par-
ents and teachers with information and training concerning
early diagnosis of, intervention for, and effective teaching
strategies for, young children with reading disabilities.
‘‘(D) Supporting the use of Internet-based communica-
tions for students with cognitive disabilities in order to
maximize their academic and functional skills.
‘‘(c) EDUCATIONAL MEDIA SERVICES.—
‘‘(1) IN GENERAL.—In carrying out this section, the Sec-
retary shall support—
‘‘(A) educational media activities that are designed to
be of educational value in the classroom setting to children
with disabilities;
‘‘(B) providing video description, open captioning, or
closed captioning, that is appropriate for use in the class-
room setting, of—
‘‘(i) television programs;
‘‘(ii) videos;
‘‘(iii) other materials, including programs and
materials associated with new and emerging tech-
nologies, such as CDs, DVDs, video streaming, and
other forms of multimedia; or
‘‘(iv) news (but only until September 30, 2006);
‘‘(C) distributing materials described in subparagraphs
(A) and (B) through such mechanisms as a loan service;
and
‘‘(D) providing free educational materials, including
textbooks, in accessible media for visually impaired and
print disabled students in elementary schools and sec-
ondary schools, postsecondary schools, and graduate
schools.
‘‘(2) LIMITATION.—The video description, open captioning,
or closed captioning described in paragraph (1)(B) shall be
provided only when the description or captioning has not been
previously provided by the producer or distributor, or has not
been fully funded by other sources.
‘‘(d) APPLICATIONS.—
‘‘(1) IN GENERAL.—Any eligible entity that wishes to receive
a grant, or enter into a contract or cooperative agreement,
under subsection (b) or (c) shall submit an application to the
Secretary at such time, in such manner, and containing such
information as the Secretary may require.
‘‘(2) SPECIAL RULE.—For the purpose of an application for
an award to carry out activities described in subsection (c)(1)(D),
such eligible entity shall—
‘‘(A) be a national, nonprofit entity with a proven track
record of meeting the needs of students with print disabil-
ities through services described in subsection (c)(1)(D);
‘‘(B) have the capacity to produce, maintain, and dis-
tribute in a timely fashion, up-to-date textbooks in digital
audio formats to qualified students; and
H. R. 1350—148
‘‘(C) have a demonstrated ability to significantly lever-
age Federal funds through other public and private con-
tributions, as well as through the expansive use of volun-
teers.
‘‘(e) NATIONAL INSTRUCTIONAL MATERIALS ACCESS CENTER.—
‘‘(1) IN GENERAL.—The Secretary shall establish and sup-
port, through the American Printing House for the Blind, a
center to be known as the ‘National Instructional Materials
Access Center’ not later than 1 year after the date of enactment
of the Individuals with Disabilities Education Improvement
Act of 2004.
‘‘(2) DUTIES.—The duties of the National Instructional
Materials Access Center are the following:
‘‘(A) To receive and maintain a catalog of print instruc-
tional materials prepared in the National Instructional
Materials Accessibility Standard, as established by the Sec-
retary, made available to such center by the textbook pub-
lishing industry, State educational agencies, and local edu-
cational agencies.
‘‘(B) To provide access to print instructional materials,
including textbooks, in accessible media, free of charge,
to blind or other persons with print disabilities in
elementary schools and secondary schools, in accordance
with such terms and procedures as the National Instruc-
tional Materials Access Center may prescribe.
‘‘(C) To develop, adopt and publish procedures to pro-
tect against copyright infringement, with respect to the
print instructional materials provided under sections
612(a)(23) and 613(a)(6).
‘‘(3) DEFINITIONS.—In this subsection:
‘‘(A) BLIND OR OTHER PERSONS WITH PRINT DISABIL-
ITIES.—The term ‘blind or other persons with print disabil-
ities’ means children served under this Act and who may
qualify in accordance with the Act entitled ‘An Act to
provide books for the adult blind’, approved March 3, 1931
(2 U.S.C. 135a; 46 Stat. 1487) to receive books and other
publications produced in specialized formats.
‘‘(B) NATIONAL
INSTRUCTIONAL
MATERIALS
ACCESSI-
BILITY STANDARD.—The term ‘National Instructional Mate-
rials Accessibility Standard’ means the standard estab-
lished by the Secretary to be used in the preparation of
electronic files suitable and used solely for efficient conver-
sion into specialized formats.
‘‘(C) PRINT INSTRUCTIONAL MATERIALS.—The term ‘print
instructional materials’ means printed textbooks and
related printed core materials that are written and pub-
lished primarily for use in elementary school and secondary
school instruction and are required by a State educational
agency or local educational agency for use by students
in the classroom.
‘‘(D) SPECIALIZED FORMATS.—The term ‘specialized for-
mats’ has the meaning given the term in section 121(d)(3)
of title 17, United States Code.
‘‘(4) APPLICABILITY.—This subsection shall apply to print
instructional materials published after the date on which the
final rule establishing the National Instructional Materials
Accessibility Standard was published in the Federal Register.
H. R. 1350—149
‘‘(5) LIABILITY OF THE SECRETARY.—Nothing in this sub-
section shall be construed to establish a private right of action
against the Secretary for failure to provide instructional mate-
rials directly, or for failure by the National Instructional Mate-
rials Access Center to perform the duties of such center, or
to otherwise authorize a private right of action related to the
performance by such center, including through the application
of the rights of children and parents established under this
Act.
‘‘(6) INAPPLICABILITY.—Subsections (a) through (d) shall not
apply to this subsection.
‘‘SEC. 675. 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 4—General Provisions
‘‘SEC. 681. COMPREHENSIVE PLAN FOR SUBPARTS 2 AND 3.
‘‘(a) COMPREHENSIVE PLAN.—
‘‘(1) IN
GENERAL.—After receiving input from interested
individuals with relevant expertise, the Secretary shall develop
and implement a comprehensive plan for activities carried out
under subparts 2 and 3 in order to enhance the provision
of early intervention services, educational services, related serv-
ices, and transitional services to children with disabilities under
parts B and C. To the extent practicable, the plan shall be
coordinated with the plan developed pursuant to section 178(c)
of the Education Sciences Reform Act of 2002 and shall include
mechanisms to address early intervention, educational, related
service and transitional needs identified by State educational
agencies in applications submitted for State personnel develop-
ment grants under subpart 1 and for grants under subparts
2 and 3.
‘‘(2) PUBLIC
COMMENT.—The Secretary shall provide a
public comment period of not less than 45 days on the plan.
‘‘(3) DISTRIBUTION OF FUNDS.—In implementing the plan,
the Secretary shall, to the extent appropriate, ensure that
funds awarded under subparts 2 and 3 are used to carry out
activities that benefit, directly or indirectly, children with the
full range of disabilities and of all ages.
‘‘(4) REPORTS TO CONGRESS.—The Secretary shall annually
report to Congress on the Secretary’s activities under subparts
2 and 3, including an initial report not later than 12 months
after the date of enactment of the Individuals with Disabilities
Education Improvement Act of 2004.
‘‘(b) ASSISTANCE AUTHORIZED.—The Secretary is authorized to
award grants to, or enter into contracts or cooperative agreements
with, eligible entities to enable the eligible entities to carry out
the purposes of such subparts in accordance with the comprehensive
plan described in subsection (a).
‘‘(c) SPECIAL POPULATIONS.—
‘‘(1) APPLICATION REQUIREMENT.—In making an award of
a grant, contract, or cooperative agreement under subpart 2
or 3, the Secretary shall, as appropriate, require an eligible
H. R. 1350—150
entity to demonstrate how the eligible entity will address the
needs of children with disabilities from minority backgrounds.
‘‘(2) REQUIRED
OUTREACH
AND
TECHNICAL
ASSISTANCE.—
Notwithstanding any other provision of this title, the Secretary
shall reserve not less than 2 percent of the total amount of
funds appropriated to carry out subparts 2 and 3 for either
or both of the following activities:
‘‘(A) Providing outreach and technical assistance to
historically Black colleges and universities, and to institu-
tions of higher education with minority enrollments of not
less than 25 percent, to promote the participation of such
colleges, universities, and institutions in activities under
this subpart.
‘‘(B) Enabling historically Black colleges and univer-
sities, and the institutions described in subparagraph (A),
to assist other colleges, universities, institutions, and agen-
cies in improving educational and transitional results for
children with disabilities, if the historically Black colleges
and universities and the institutions of higher education
described in subparagraph (A) meet the criteria established
by the Secretary under this subpart.
‘‘(d) PRIORITIES.—The Secretary, in making an award of a grant,
contract, or cooperative agreement under subpart 2 or 3, may,
without regard to the rulemaking procedures under section 553
of title 5, United States Code, limit competitions to, or otherwise
give priority to—
‘‘(1) projects that address 1 or more—
‘‘(A) age ranges;
‘‘(B) disabilities;
‘‘(C) school grades;
‘‘(D) types of educational placements or early interven-
tion environments;
‘‘(E) types of services;
‘‘(F) content areas, such as reading; or
‘‘(G) effective strategies for helping children with
disabilities learn appropriate behavior in the school and
other community based educational settings;
‘‘(2) projects that address the needs of children based on
the severity or incidence of their disability;
‘‘(3) projects that address the needs of—
‘‘(A) low achieving students;
‘‘(B) underserved populations;
‘‘(C) children from low income families;
‘‘(D) limited English proficient children;
‘‘(E) unserved and underserved areas;
‘‘(F) rural or urban areas;
‘‘(G) children whose behavior interferes with their
learning and socialization;
‘‘(H) children with reading difficulties;
‘‘(I) children in public charter schools;
‘‘(J) children who are gifted and talented; or
‘‘(K) children with disabilities served by local edu-
cational agencies that receive payments under title VIII
of the Elementary and Secondary Education Act of 1965;
‘‘(4) projects to reduce inappropriate identification of chil-
dren as children with disabilities, particularly among minority
children;