205
‘‘(b) PERIODIC REVIEW.—The individualized family
service plan shall be evaluated once a year and the family
shall be provided a review of the plan at 6-month intervals
(or more often where appropriate based on infant or tod-
dler and family needs).
‘‘(c) PROMPTNESS AFTER ASSESSMENT.—The indi-
vidualized family service plan shall be developed within a
reasonable time after the assessment required by sub-
section (a)(1) is completed. With the parents’ consent,
early intervention services may commence prior to the
completion of the assessment.
‘‘(d) CONTENT OF PLAN.—The individualized family
service plan shall be in writing and contain—
‘‘(1) a statement of the infant’s or toddler’s
present levels of physical development, cognitive de-
velopment, communication development, social or
emotional development, and adaptive development,
based on objective criteria;
‘‘(2) a statement of the family’s resources, pri-
orities, and concerns relating to enhancing the devel-
opment of the family’s infant or toddler with a dis-
ability;
‘‘(3) a statement of the major outcomes ex-
pected to be achieved for the infant or toddler and
the family, and the criteria, procedures, and
206
timelines used to determine the degree to which
progress toward achieving the outcomes is being
made and whether modifications or revisions of the
outcomes or services are necessary;
‘‘(4) a statement of specific early intervention
services necessary to meet the unique needs of the
infant or toddler and the family, including the fre-
quency, intensity, and method of delivering services;
‘‘(5) a statement of the natural environments in
which early intervention services shall appropriately
be provided, including a justification of the extent,
if any, to which the services will not be provided in
a natural environment;
‘‘(6) the projected dates for initiation of serv-
ices and the anticipated duration of the services;
‘‘(7) the identification of the service coordinator
from the profession most immediately relevant to the
infant’s or toddler’s or family’s needs (or who is oth-
erwise qualified to carry out all applicable respon-
sibilities under this part) who will be responsible for
the implementation of the plan and coordination
with other agencies and persons; and
‘‘(8) the steps to be taken to support the transi-
tion of the toddler with a disability to preschool or
other appropriate services.
207
‘‘(e) PARENTAL CONSENT.—The contents of the indi-
vidualized family service plan shall be fully explained to
the parents and informed written consent from the par-
ents shall be obtained prior to the provision of early inter-
vention services described in such plan. If the parents do
not provide consent with respect to a particular early
intervention service, then the early intervention services
to which consent is obtained shall be provided.
‘‘SEC. 637. STATE APPLICATION AND ASSURANCES.
‘‘(a) APPLICATION.—A State desiring to receive a
grant under section 633 shall submit an application to the
Secretary at such time and in such manner as the Sec-
retary may reasonably require. The application shall con-
tain—
‘‘(1) a designation of the lead agency in the
State that will be responsible for the administration
of funds provided under section 633;
‘‘(2) a designation of an individual or entity re-
sponsible 
for 
assigning 
financial 
responsibility
among appropriate agencies;
‘‘(3) information demonstrating eligibility of the
State under section 634, including—
‘‘(A) information demonstrating to the
Secretary’s satisfaction that the State has in ef-
208
fect the statewide system required by section
633; and
‘‘(B) a description of services to be pro-
vided to infants and toddlers with disabilities
and their families through the system;
‘‘(4) if the State provides services to at-risk in-
fants and toddlers through the system, a description
of such services;
‘‘(5) a description of the uses for which funds
will be expended in accordance with this part;
‘‘(6) a description of the procedure used to en-
sure that resources are made available under this
part for all geographic areas within the State;
‘‘(7) a description of State policies and proce-
dures that ensure that, prior to the adoption by the
State of any other policy or procedure necessary to
meet the requirements of this part, there are public
hearings, adequate notice of the hearings, and an
opportunity for comment available to the general
public, including individuals with disabilities and
parents of infants and toddlers with disabilities;
‘‘(8) a description of the policies and procedures
to be used—
‘‘(A) to ensure a smooth transition for tod-
dlers receiving early intervention services under
209
this part to preschool or other appropriate serv-
ices, including a description of how—
‘‘(i) the families of such toddlers will
be included in the transition plans required
by subparagraph (C); and
‘‘(ii) the lead agency designated or es-
tablished under section 635(a)(10) will—
‘‘(I) notify the local educational
agency for the area in which such a
child resides that the child will shortly
reach the age of eligibility for pre-
school services under part B, as deter-
mined in accordance with State law;
‘‘(II) in the case of a child who
may be eligible for such preschool
services, with the approval of the fam-
ily of the child, convene a conference
among the lead agency, the family,
and the local educational agency at
least 90 days (and at the discretion of
all such parties, up to 6 months) be-
fore the child is eligible for the pre-
school services, to discuss any such
services that the child may receive;
and
210
‘‘(III) in the case of a child who
may not be eligible for such preschool
services, with the approval of the fam-
ily, make reasonable efforts to con-
vene a conference among the lead
agency, the family, and providers of
other appropriate services for children
who are not eligible for preschool serv-
ices under part B, to discuss the ap-
propriate services that the child may
receive;
‘‘(B) to review the child’s program options
for the period from the child’s third birthday
through the remainder of the school year; and
‘‘(C) to establish a transition plan; and
‘‘(9) such other information and assurances as
the Secretary may reasonably require.
‘‘(b) ASSURANCES.—The application described in
subsection (a)—
‘‘(1) shall provide satisfactory assurance that
Federal funds made available under section 643 to
the State will be expended in accordance with this
part;
‘‘(2) shall contain an assurance that the State
will comply with the requirements of section 640;
211
‘‘(3) shall provide satisfactory assurance that
the control of funds provided under section 643, and
title to property derived from those funds, will be in
a public agency for the uses and purposes provided
in this part and that a public agency will administer
such funds and property;
‘‘(4) shall provide for—
‘‘(A) making such reports in such form
and containing such information as the Sec-
retary may require to carry out the Secretary’s
functions under this part; and
‘‘(B) keeping such records and affording
such access to them as the Secretary may find
necessary to ensure the correctness and ver-
ification of those reports and proper disburse-
ment of Federal funds under this part;
‘‘(5) provide satisfactory assurance that Federal
funds made available under section 643 to the
State—
‘‘(A) will not be commingled with State
funds; and
‘‘(B) will be used so as to supplement the
level of State and local funds expended for in-
fants and toddlers with disabilities and their
212
families and in no case to supplant those State
and local funds;
‘‘(6) shall provide satisfactory assurance that
such fiscal control and fund accounting procedures
will be adopted as may be necessary to ensure prop-
er disbursement of, and accounting for, Federal
funds paid under section 643 to the State;
‘‘(7) shall provide satisfactory assurance that
policies and procedures have been adopted to ensure
meaningful involvement of underserved groups, in-
cluding minority, low-income, and rural families, in
the planning and implementation of all the require-
ments of this part; and
‘‘(8) shall contain such other information and
assurances as the Secretary may reasonably require
by regulation.
‘‘(c) STANDARD
FOR DISAPPROVAL
OF APPLICA-
TION.—The Secretary may not disapprove such an appli-
cation unless the Secretary determines, after notice and
opportunity for a hearing, that the application fails to
comply with the requirements of this section.
‘‘(d) SUBSEQUENT STATE APPLICATION.—If a State
has on file with the Secretary a policy, procedure, or as-
surance that demonstrates that the State meets a require-
ment of this section, including any policy or procedure
213
filed under part H (as in effect before July 1, 1998), the
Secretary shall consider the State to have met the require-
ment for purposes of receiving a grant under this part.
‘‘(e) MODIFICATION OF APPLICATION.—An applica-
tion submitted by a State in accordance with this section
shall remain in effect until the State submits to the Sec-
retary such modifications as the State determines nec-
essary. This section shall apply to a modification of an
application to the same extent and in the same manner
as this section applies to the original application.
‘‘(f) MODIFICATIONS
REQUIRED
BY
THE
SEC-
RETARY.—The Secretary may require a State to modify
its application under this section, but only to the extent
necessary to ensure the State’s compliance with this part,
if—
‘‘(1) an amendment is made to this Act, or a
Federal regulation issued under this Act;
‘‘(2) a new interpretation of this Act is made by
a Federal court or the State’s highest court; or
‘‘(3) an official finding of noncompliance with
Federal law or regulations is made with respect to
the State.
215
‘‘(B) making referrals of the infants and
toddlers identified and evaluated under sub-
paragraph (A); and
‘‘(C) conducting periodic follow-up on each
such referral to determine if the status of the
infant or toddler involved has changed with re-
spect to the eligibility of the infant or toddler
for services under this part.
‘‘SEC. 639. PROCEDURAL SAFEGUARDS.
‘‘(a) MINIMUM PROCEDURES.—The procedural safe-
guards required to be included in a statewide system
under section 635(a)(13) shall provide, at a minimum, the
following:
‘‘(1) The timely administrative resolution of
complaints by parents. Any party aggrieved by the
findings and decision regarding an administrative
complaint shall have the right to bring a civil action
with respect to the complaint in any State court of
competent jurisdiction or in a district court of the
United States without regard to the amount in con-
troversy. In any action brought under this para-
graph, the court shall receive the records of the ad-
ministrative proceedings, shall hear additional evi-
dence at the request of a party, and, basing its deci-
sion on the preponderance of the evidence, shall
216
grant such relief as the court determines is appro-
priate.
‘‘(2) The right to confidentiality of personally
identifiable information, including the right of par-
ents to written notice of and written consent to the
exchange of such information among agencies con-
sistent with Federal and State law.
‘‘(3) The right of the parents to determine
whether they, their infant or toddler, or other family
members will accept or decline any early intervention
service under this part in accordance with State law
without jeopardizing other early intervention services
under this part.
‘‘(4) The opportunity for parents to examine
records relating to assessment, screening, eligibility
determinations, and the development and implemen-
tation of the individualized family service plan.
‘‘(5) Procedures to protect the rights of the in-
fant or toddler whenever the parents of the infant or
toddler are not known or cannot be found or the in-
fant or toddler is a ward of the State, including the
assignment of an individual (who shall not be an em-
ployee of the State lead agency, or other State agen-
cy, and who shall not be any person, or any em-
ployee of a person, providing early intervention serv-
217
ices to the infant or toddler or any family member
of the infant or toddler) to act as a surrogate for the
parents.
‘‘(6) Written prior notice to the parents of the
infant or toddler with a disability whenever the State
agency or service provider proposes to initiate or
change or refuses to initiate or change the identifica-
tion, evaluation, or placement of the infant or tod-
dler with a disability, or the provision of appropriate
early intervention services to the infant or toddler.
‘‘(7) Procedures designed to ensure that the no-
tice required by paragraph (6) fully informs the par-
ents, in the parents’ native language, unless it clear-
ly is not feasible to do so, of all procedures available
pursuant to this section.
‘‘(8) The right of parents to use mediation in
accordance with section 615(e), except that—
‘‘(A) any reference in the section to a
State educational agency shall be considered to
be a reference to a State’s lead agency estab-
lished or designated under section 635(a)(10);
‘‘(B) any reference in the section to a local
educational agency shall be considered to be a
reference to a local service provider or the
218
State’s lead agency under this part, as the case
may be; and
‘‘(C) any reference in the section to the
provision of free appropriate public education to
children with disabilities shall be considered to
be a reference to the provision of appropriate
early intervention services to infants and tod-
dlers with disabilities.
‘‘(b) SERVICES DURING PENDENCY OF PROCEED-
INGS.—During the pendency of any proceeding or action
involving a complaint by the parents of an infant or tod-
dler with a disability, unless the State agency and the par-
ents otherwise agree, the infant or toddler shall continue
to receive the appropriate early intervention services cur-
rently being provided or, if applying for initial services,
shall receive the services not in dispute.
‘‘SEC. 640. PAYOR OF LAST RESORT.
‘‘(a) NONSUBSTITUTION.—Funds provided under
section 643 may not be used to satisfy a financial commit-
ment for services that would have been paid for from an-
other public or private source, including any medical pro-
gram administered by the Secretary of Defense, but for
the enactment of this part, except that whenever consid-
ered necessary to prevent a delay in the receipt of appro-
priate early intervention services by an infant, toddler, or
219
family in a timely fashion, funds provided under section
643 may be used to pay the provider of services pending
reimbursement from the agency that has ultimate respon-
sibility for the payment.
‘‘(b) REDUCTION OF OTHER BENEFITS—Nothing in
this part shall be construed to permit the State to reduce
medical or other assistance available or to alter eligibility
under title V of the Social Security Act (relating to mater-
nal and child health) or title XIX of the Social Security
Act (relating to medicaid for infants or toddlers with dis-
abilities) within the State.
‘‘SEC. 641. STATE INTERAGENCY COORDINATING COUNCIL.
‘‘(a) ESTABLISHMENT.—
‘‘(1) IN GENERAL.—A State that desires to re-
ceive financial assistance under this part shall estab-
lish a State interagency coordinating council.
‘‘(2) APPOINTMENT.—The council shall be ap-
pointed by the Governor. In making appointments to
the council, the Governor shall ensure that the mem-
bership of the council reasonably represents the pop-
ulation of the State.
‘‘(3) CHAIRPERSON.—The Governor shall des-
ignate a member of the council to serve as the chair-
person of the council, or shall require the council to
so designate such a member. Any member of the
220
council who is a representative of the lead agency
designated under section 635(a)(10) may not serve
as the chairperson of the council.
‘‘(b) COMPOSITION.—
‘‘(1) IN GENERAL.—The council shall be com-
posed as follows:
‘‘(A) PARENTS.—At least 20 percent of
the members shall be parents of infants or tod-
dlers with disabilities or children with disabil-
ities aged 12 or younger, with knowledge of, or
experience with, programs for infants and tod-
dlers with disabilities. At least one such mem-
ber shall be a parent of an infant or toddler
with a disability or a child with a disability
aged 6 or younger.
‘‘(B) SERVICE
PROVIDERS.—At least 20
percent of the members shall be public or pri-
vate providers of early intervention services.
‘‘(C) STATE LEGISLATURE.—At least one
member shall be from the State legislature.
‘‘(D) PERSONNEL PREPARATION.—At least
one member shall be involved in personnel prep-
aration.
‘‘(E) AGENCY FOR EARLY INTERVENTION
SERVICES.—At least one member shall be from
221
each of the State agencies involved in the provi-
sion of, or payment for, early intervention serv-
ices to infants and toddlers with disabilities and
their families and shall have sufficient authority
to engage in policy planning and implementa-
tion on behalf of such agencies.
‘‘(F) AGENCY
FOR
PRESCHOOL
SERV-
ICES.—At least one member shall be from the
State educational agency responsible for pre-
school services to children with disabilities and
shall have sufficient authority to engage in pol-
icy planning and implementation on behalf of
such agency.
‘‘(G) AGENCY FOR HEALTH INSURANCE.—
At least one member shall be from the agency
responsible for the State governance of health
insurance.
‘‘(H) HEAD START AGENCY.—At least one
representative from a Head Start agency or
program in the State.
‘‘(I) CHILD CARE AGENCY.—At least one
representative from a State agency responsible
for child care.
‘‘(2) OTHER MEMBERS.—The council may in-
clude other members selected by the Governor, in-
222
cluding a representative from the Bureau of Indian
Affairs, or where there is no BIA-operated or BIA-
funded school, from the Indian Health Service or the
tribe or tribal council.
‘‘(c) MEETINGS.—The council shall meet at least
quarterly and in such places as it deems necessary. The
meetings shall be publicly announced, and, to the extent
appropriate, open and accessible to the general public.
‘‘(d) MANAGEMENT AUTHORITY.—Subject to the ap-
proval of the Governor, the council may prepare and ap-
prove a budget using funds under this part to conduct
hearings and forums, to reimburse members of the council
for reasonable and necessary expenses for attending coun-
cil meetings and performing council duties (including child
care for parent representatives), to pay compensation to
a member of the council if the member is not employed
or must forfeit wages from other employment when per-
forming official council business, to hire staff, and to ob-
tain the services of such professional, technical, and cleri-
cal personnel as may be necessary to carry out its func-
tions under this part.
‘‘(e) FUNCTIONS OF COUNCIL.—
‘‘(1) DUTIES.—The council shall—
‘‘(A) advise and assist the lead agency des-
ignated or established under section 635(a)(10)
223
in the performance of the responsibilities set
forth in such section, particularly the identifica-
tion of the sources of fiscal and other support
for services for early intervention programs, as-
signment of financial responsibility to the ap-
propriate agency, and the promotion of the
interagency agreements;
‘‘(B) advise and assist the lead agency in
the preparation of applications and amend-
ments thereto;
‘‘(C) advise and assist the State edu-
cational agency regarding the transition of tod-
dlers with disabilities to preschool and other ap-
propriate services; and
‘‘(D) prepare and submit an annual report
to the Governor and to the Secretary on the
status of early intervention programs for in-
fants and toddlers with disabilities and their
families operated within the State.
‘‘(2) AUTHORIZED ACTIVITY.—The council may
advise and assist the lead agency and the State edu-
cational agency regarding the provision of appro-
priate services for children from birth through age
5. The council may advise appropriate agencies in
the State with respect to the integration of services
224
for infants and toddlers with disabilities and at-risk
infants and toddlers and their families, regardless of
whether at-risk infants and toddlers are eligible for
early intervention services in the State.
‘‘(f) CONFLICT OF INTEREST.—No member of the
council shall cast a vote on any matter that would provide
direct financial benefit to that member or otherwise give
the appearance of a conflict of interest under State law.
‘‘SEC. 642. FEDERAL ADMINISTRATION.
‘‘Sections 616, 617, and 618 shall, to the extent not
inconsistent with this part, apply to the program author-
ized by this part, except that—
‘‘(1) any reference in such sections to a State
educational agency shall be considered to be a ref-
erence to a State’s lead agency established or des-
ignated under section 635(a)(10);
‘‘(2) any reference in such sections to a local
educational agency, educational service agency, or a
State agency shall be considered to be a reference to
an early intervention service provider under this
part; and
‘‘(3) any reference to the education of children
with disabilities or the education of all children with
disabilities shall be considered to be a reference to
225
the provision of appropriate early intervention serv-
ices to infants and toddlers with disabilities.
‘‘SEC. 643. ALLOCATION OF FUNDS.
‘‘(a) RESERVATION
OF
FUNDS
FOR
OUTLYING
AREAS.—
‘‘(1) IN
GENERAL.—From the sums appro-
priated to carry out this part for any fiscal year, the
Secretary may reserve up to one percent for pay-
ments to Guam, American Samoa, the Virgin Is-
lands, and the Commonwealth of the Northern Mari-
ana Islands in accordance with their respective
needs.
‘‘(2) CONSOLIDATION OF FUNDS.—The provi-
sions of Public Law 95–134, permitting the consoli-
dation of grants to the outlying areas, shall not
apply to funds those areas receive under this part.
‘‘(b) PAYMENTS TO INDIANS.—
‘‘(1) IN GENERAL.—The Secretary shall, sub-
ject to this subsection, make payments to the Sec-
retary of the Interior to be distributed to tribes,
tribal organizations (as defined under section 4 of
the Indian Self-Determination and Education Assist-
ance Act), or consortia of the above entities for the
coordination of assistance in the provision of early
intervention services by the States to infants and
226
toddlers with disabilities and their families on res-
ervations served by elementary and secondary
schools for Indian children operated or funded by
the Department of the Interior. The amount of such
payment for any fiscal year shall be 1.25 percent of
the aggregate of the amount available to all States
under this part for such fiscal year.
‘‘(2) ALLOCATION.—For each fiscal year, the
Secretary of the Interior shall distribute the entire
payment received under paragraph (1) by providing
to each tribe, tribal organization, or consortium an
amount based on the number of infants and toddlers
residing on the reservation, as determined annually,
divided by the total of such children served by all
tribes, tribal organizations, or consortia.
‘‘(3) INFORMATION.—To receive a payment
under this subsection, the tribe, tribal organization,
or consortium shall submit such information to the
Secretary of the Interior as is needed to determine
the amounts to be distributed under paragraph (2).
‘‘(4) USE OF FUNDS.—The funds received by a
tribe, tribal organization, or consortium shall be
used to assist States in child-find, screening, and
other procedures for the early identification of In-
dian children under 3 years of age and for parent
227
training. Such funds may also be used to provide
early intervention services in accordance with this
part. Such activities may be carried out directly or
through contracts or cooperative agreements with
the BIA, local educational agencies, and other public
or private nonprofit organizations. The tribe, tribal
organization, or consortium is encouraged to involve
Indian parents in the development and implementa-
tion of these activities. The above entities shall, as
appropriate, make referrals to local, State, or Fed-
eral entities for the provision of services or further
diagnosis.
‘‘(5) REPORTS.—To be eligible to receive a
grant under paragraph (2), a tribe, tribal organiza-
tion, or consortium shall make a biennial report to
the Secretary of the Interior of activities undertaken
under this subsection, including the number of con-
tracts and cooperative agreements entered into, the
number of children contacted and receiving services
for each year, and the estimated number of children
needing services during the 2 years following the
year in which the report is made. The Secretary of
the Interior shall include a summary of this informa-
tion on a biennial basis to the Secretary of Edu-
cation along with such other information as required
228
under section 611(i)(3)(E). The Secretary of Edu-
cation may require any additional information from
the Secretary of the Interior.
‘‘(6) PROHIBITED USES OF FUNDS.—None of
the funds under this subsection may be used by the
Secretary of the Interior for administrative pur-
poses, including child count, and the provision of
technical assistance.
‘‘(c) STATE ALLOTMENTS.—
‘‘(1) IN GENERAL.—Except as provided in para-
graphs (2), (3), and (4), from the funds remaining
for each fiscal year after the reservation and pay-
ments under subsections (a) and (b), the Secretary
shall first allot to each State an amount that bears
the same ratio to the amount of such remainder as
the number of infants and toddlers in the State
bears to the number of infants and toddlers in all
States.
‘‘(2) MINIMUM ALLOTMENTS.—Except as pro-
vided in paragraphs (3) and (4), no State shall re-
ceive an amount under this section for any fiscal
year that is less than the greatest of—
‘‘(A) one-half of one percent of the remain-
ing amount described in paragraph (1); or
‘‘(B) $500,000.
229
‘‘(3) SPECIAL RULE FOR 1998 AND 1999.—
‘‘(A) IN GENERAL.—Except as provided in
paragraph (4), no State may receive an amount
under this section for either fiscal year 1998 or
1999 that is less than the sum of the amounts
such State received for fiscal year 1994
under—
‘‘(i) part H (as in effect for such fis-
cal year); and
‘‘(ii) subpart 2 of part D of chapter 1
of title I of the Elementary and Secondary
Education Act of 1965 (as in effect on the
day before the date of the enactment of the
Improving America’s Schools Act of 1994)
for children with disabilities under 3 years
of age.
‘‘(B) EXCEPTION.—If, for fiscal year 1998
or 1999, the number of infants and toddlers in
a State, as determined under paragraph (1), is
less than the number of infants and toddlers so
determined for fiscal year 1994, the amount de-
termined under subparagraph (A) for the State
shall be reduced by the same percentage by
which the number of such infants and toddlers
so declined.
230
‘‘(4) RATABLE REDUCTION.—
‘‘(A) IN
GENERAL.—If the sums made
available under this part for any fiscal year are
insufficient to pay the full amounts that all
States are eligible to receive under this sub-
section for such year, the Secretary shall rat-
ably reduce the allotments to such States for
such year.
‘‘(B) ADDITIONAL
FUNDS.—If additional
funds become available for making payments
under this subsection for a fiscal year, allot-
ments that were reduced under subparagraph
(A) shall be increased on the same basis they
were reduced.
‘‘(5) DEFINITIONS.—For the purpose of this
subsection—
‘‘(A) the terms ‘infants’ and ‘toddlers’
mean children under 3 years of age; and
‘‘(B) the term ‘State’ means each of the 50
States, the District of Columbia, and the Com-
monwealth of Puerto Rico.
‘‘(d) REALLOTMENT OF FUNDS.—If a State elects
not to receive its allotment under subsection (c), the Sec-
retary shall reallot, among the remaining States, amounts
from such State in accordance with such subsection.
231
‘‘SEC. 644. FEDERAL INTERAGENCY COORDINATING COUN-
CIL.
‘‘(a) ESTABLISHMENT AND PURPOSE.—
‘‘(1) IN GENERAL.—The Secretary shall estab-
lish a Federal Interagency Coordinating Council in
order to—
‘‘(A) minimize duplication of programs and
activities across Federal, State, and local agen-
cies, relating to—
‘‘(i) early intervention services for in-
fants and toddlers with disabilities (includ-
ing at-risk infants and toddlers) and their
families; and
‘‘(ii) preschool or other appropriate
services for children with disabilities;
‘‘(B) ensure the effective coordination of
Federal early intervention and preschool pro-
grams and policies across Federal agencies;
‘‘(C) coordinate the provision of Federal
technical assistance and support activities to
States;
‘‘(D) identify gaps in Federal agency pro-
grams and services; and
‘‘(E) identify barriers to Federal inter-
agency cooperation.
232
‘‘(2) APPOINTMENTS.—The council established
under paragraph (1) (hereafter in this section re-
ferred to as the ‘‘Council’’) and the chairperson of
the Council shall be appointed by the Secretary in
consultation with other appropriate Federal agen-
cies. In making the appointments, the Secretary
shall ensure that each member has sufficient author-
ity to engage in policy planning and implementation
on behalf of the department, agency, or program
that the member represents.
‘‘(b) COMPOSITION.—The Council shall be composed
of—
‘‘(1) a representative of the Office of Special
Education Programs;
‘‘(2) a representative of the National Institute
on Disability and Rehabilitation Research and a rep-
resentative of the Office of Educational Research
and Improvement;
‘‘(3) a representative of the Maternal and Child
Health Services Block Grant Program;
‘‘(4) a representative of programs administered
under the Developmental Disabilities Assistance and
Bill of Rights Act;
‘‘(5) a representative of the Health Care Fi-
nancing Administration;
233
‘‘(6) a representative of the Division of Birth
Defects and Developmental Disabilities of the Cen-
ters for Disease Control;
‘‘(7) a representative of the Social Security Ad-
ministration;
‘‘(8) a representative of the special supple-
mental nutrition program for women, infants, and
children of the Department of Agriculture;
‘‘(9) a representative of the National Institute
of Mental Health;
‘‘(10) a representative of the National Institute
of Child Health and Human Development;
‘‘(11) a representative of the Bureau of Indian
Affairs of the Department of the Interior;
‘‘(12) a representative of the Indian Health
Service;
‘‘(13) a representative of the Surgeon General;
‘‘(14) a representative of the Department of
Defense;
‘‘(15) a representative of the Children’s Bu-
reau, and a representative of the Head Start Bu-
reau, of the Administration for Children and Fami-
lies;
‘‘(16) a representative of the Substance Abuse
and Mental Health Services Administration;
234
‘‘(17) a representative of the Pediatric AIDS
Health Care Demonstration Program in the Public
Health Service;
‘‘(18) parents of children with disabilities age
12 or under (who shall constitute at least 20 percent
of the members of the Council), of whom at least
one must have a child with a disability under the
age of 6;
‘‘(19) at least 2 representatives of State lead
agencies for early intervention services to infants
and toddlers, one of whom must be a representative
of a State educational agency and the other a rep-
resentative of a non-educational agency;
‘‘(20) other members representing appropriate
agencies involved in the provision of, or payment for,
early intervention services and special education and
related services to infants and toddlers with disabil-
ities and their families and preschool children with
disabilities; and
‘‘(21) other persons appointed by the Secretary.
‘‘(c) MEETINGS.—The Council shall meet at least
quarterly and in such places as the Council deems nec-
essary. The meetings shall be publicly announced, and, to
the extent appropriate, open and accessible to the general
public.
235
‘‘(d) FUNCTIONS OF THE COUNCIL.—The Council
shall—
‘‘(1) advise and assist the Secretary of Edu-
cation, the Secretary of Health and Human Services,
the Secretary of Defense, the Secretary of the Inte-
rior, the Secretary of Agriculture, and the Commis-
sioner of Social Security in the performance of their
responsibilities related to serving children from birth
through age 5 who are eligible for services under
this part or under part B;
‘‘(2) conduct policy analyses of Federal pro-
grams related to the provision of early intervention
services and special educational and related services
to infants and toddlers with disabilities and their
families, and preschool children with disabilities, in
order to determine areas of conflict, overlap, duplica-
tion, or inappropriate omission;
‘‘(3) identify strategies to address issues de-
scribed in paragraph (2);
‘‘(4) develop and recommend joint policy memo-
randa concerning effective interagency collaboration,
including modifications to regulations, and the elimi-
nation of barriers to interagency programs and ac-
tivities;
236
‘‘(5) coordinate technical assistance and dis-
seminate information on best practices, effective pro-
gram coordination strategies, and recommendations
for improved early intervention programming for in-
fants and toddlers with disabilities and their families
and preschool children with disabilities; and
‘‘(6) facilitate activities in support of States’
interagency coordination efforts.
‘‘(e) CONFLICT OF INTEREST.—No member of the
Council shall cast a vote on any matter that would provide
direct financial benefit to that member or otherwise give
the appearance of a conflict of interest under Federal law.
‘‘(f) FEDERAL ADVISORY COMMITTEE ACT.—The
Federal Advisory Committee Act (5 U.S.C. App.) shall not
apply to the establishment or operation of the Council.
‘‘SEC. 645. AUTHORIZATION OF APPROPRIATIONS.
‘‘For the purpose of carrying out this part, there are
authorized to be appropriated $400,000,000 for fiscal year
1998 and such sums as may be necessary for each of the
fiscal years 1999 through 2002.
237
‘‘PART D—NATIONAL ACTIVITIES TO IMPROVE
EDUCATION OF CHILDREN WITH DISABILITIES
‘‘Subpart 1—State Program Improvement Grants for
Children with Disabilities
‘‘SEC. 651. FINDINGS AND PURPOSE.
‘‘(a) FINDINGS.—The Congress finds the following:
‘‘(1) States are responding with some success to
multiple pressures to improve educational and tran-
sitional services and results for children with disabil-
ities in response to growing demands imposed by
ever-changing factors, such as demographics, social
policies, and labor and economic markets.
‘‘(2) In order for States to address such de-
mands and to facilitate lasting systemic change that
is of benefit to all students, including children with
disabilities, States must involve local educational
agencies, parents, individuals with disabilities and
their families, teachers and other service providers,
and other interested individuals and organizations in
carrying out comprehensive strategies to improve
educational results for children with disabilities.
‘‘(3) Targeted Federal financial resources are
needed to assist States, working in partnership with
others, to identify and make needed changes to ad-
dress the needs of children with disabilities into the
next century.
238
‘‘(4) State educational agencies, in partnership
with local educational agencies and other individuals
and organizations, are in the best position to iden-
tify and design ways to meet emerging and expand-
ing demands to improve education for children with
disabilities and to address their special needs.
‘‘(5) Research, demonstration, and practice over
the past 20 years in special education and related
disciplines have built a foundation of knowledge on
which State and local systemic-change activities can
now be based.
‘‘(6) Such research, demonstration, and practice
in special education and related disciplines have
demonstrated that an effective educational system
now and in the future must—
‘‘(A) maintain high academic standards
and clear performance goals for children with
disabilities, consistent with the standards and
expectations for all students in the educational
system, and provide for appropriate and effec-
tive strategies and methods to ensure that stu-
dents who are children with disabilities have
maximum opportunities to achieve those stand-
ards and goals;
239
‘‘(B) create a system that fully addresses
the needs of all students, including children
with disabilities, by addressing the needs of
children with disabilities in carrying out edu-
cational reform activities;
‘‘(C) clearly define, in measurable terms,
the school and post-school results that children
with disabilities are expected to achieve;
‘‘(D) promote service integration, and the
coordination of State and local education, so-
cial, health, mental health, and other services,
in addressing the full range of student needs,
particularly the needs of children with disabil-
ities who require significant levels of support to
maximize their participation and learning in
school and the community;
‘‘(E) ensure that children with disabilities
are provided assistance and support in making
transitions as described in section 674(b)(3)(C);
‘‘(F) promote comprehensive programs of
professional development to ensure that the per-
sons responsible for the education or a transi-
tion of children with disabilities possess the
skills and knowledge necessary to address the
educational and related needs of those children;
240
‘‘(G) disseminate to teachers and other
personnel serving children with disabilities re-
search-based knowledge about successful teach-
ing practices and models and provide technical
assistance to local educational agencies and
schools on how to improve results for children
with disabilities;
‘‘(H) create school-based disciplinary strat-
egies that will be used to reduce or eliminate
the need to use suspension and expulsion as
disciplinary options for children with disabil-
ities;
‘‘(I) establish placement-neutral funding
formulas and cost-effective strategies for meet-
ing the needs of children with disabilities; and
‘‘(J) involve individuals with disabilities
and parents of children with disabilities in plan-
ning, implementing, and evaluating systemic-
change activities and educational reforms.
‘‘(b) PURPOSE.—The purpose of this subpart is to
assist State educational agencies, and their partners re-
ferred to in section 652(b), in reforming and improving
their systems for providing educational, early intervention,
and transitional services, including their systems for pro-
fessional development, technical assistance, and dissemi-
241
nation of knowledge about best practices, to improve re-
sults for children with disabilities.
‘‘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) REQUIRED PARTNERS.—
‘‘(A) CONTRACTUAL PARTNERS.—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 children with disabilities.
‘‘(B) OTHER PARTNERS.—In order to be
considered for a grant under this subpart, a
State educational agency shall work in partner-
ship with other persons and organizations in-
volved in, and concerned with, the education of
children with disabilities, including—
‘‘(i) the Governor;
‘‘(ii) parents of children with disabil-
ities;
‘‘(iii) parents of nondisabled children;
242
‘‘(iv) individuals with disabilities;
‘‘(v) organizations representing indi-
viduals with disabilities and their parents,
such as parent training and information
centers;
‘‘(vi) community-based and other non-
profit organizations involved in the edu-
cation and employment of individuals with
disabilities;
‘‘(vii) the lead State agency for part
C;
‘‘(viii) general and special education
teachers, and early intervention personnel;
‘‘(ix) the State advisory panel estab-
lished under part C;
‘‘(x) the State interagency coordinat-
ing council established under part C; and
‘‘(xi) institutions of higher education
within the State.
‘‘(2) OPTIONAL
PARTNERS.—A partnership
under subparagraph (A) or (B) of paragraph (1)
may also include—
‘‘(A) individuals knowledgeable about voca-
tional education;
243
‘‘(B) the State agency for higher edu-
cation;
‘‘(C) the State vocational rehabilitation
agency;
‘‘(D) public agencies with jurisdiction in
the areas of health, mental health, social serv-
ices, and juvenile justice; and
‘‘(E) other individuals.
‘‘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 informa-
tion as the Secretary may require.
‘‘(2) STATE IMPROVEMENT PLAN.—The appli-
cation shall include a State improvement plan that—
‘‘(A) is integrated, to the maximum extent
possible, with State plans under the Elementary
and Secondary Education Act of 1965 and the
Rehabilitation Act of 1973, as appropriate; and
‘‘(B) meets the requirements of this sec-
tion.
‘‘(b) DETERMINING CHILD AND PROGRAM NEEDS.—
244
‘‘(1) IN
GENERAL.—Each State improvement
plan shall identify those critical aspects of early
intervention, general education, and special edu-
cation programs (including professional development,
based on an assessment of State and local needs)
that must be improved to enable children with dis-
abilities to meet the goals established by the State
under section 612(a)(16).
‘‘(2) REQUIRED ANALYSES.—To meet the re-
quirement of paragraph (1), the State improvement
plan shall include at least—
‘‘(A) an analysis of all information, reason-
ably available to the State educational agency,
on the performance of children with disabilities
in the State, including—
‘‘(i) their performance on State as-
sessments and other performance indica-
tors established for all children, including
drop-out rates and graduation rates;
‘‘(ii) their participation in postsecond-
ary education and employment; and
‘‘(iii) how their performance on the
assessments and indicators described in
clause (i) compares to that of non-disabled
children;
245
‘‘(B) an analysis of State and local needs
for professional development for personnel to
serve children with disabilities that includes, at
a minimum—
‘‘(i) the number of personnel provid-
ing special education and related services;
and
‘‘(ii) relevant information on current
and anticipated personnel vacancies and
shortages (including the number of individ-
uals described in clause (i) with temporary
certification), and on the extent of certifi-
cation or retraining necessary to eliminate
such shortages, that is based, to the maxi-
mum extent possible, on existing assess-
ments of personnel needs;
‘‘(C) an analysis of the major findings of
the Secretary’s most recent reviews of State
compliance, as they relate to improving results
for children with disabilities; and
‘‘(D) an analysis of other information, rea-
sonably available to the State, on the effective-
ness of the State’s systems of early interven-
tion, special education, and general education in
meeting the needs of children with disabilities.
246
‘‘(c) IMPROVEMENT STRATEGIES.—Each State im-
provement plan shall—
‘‘(1) describe a partnership agreement that—
‘‘(A) specifies—
‘‘(i) the nature and extent of the part-
nership among the State educational agen-
cy, local educational agencies, and other
State agencies involved in, or concerned
with, the education of children with disabil-
ities, and the respective roles of each mem-
ber of the partnership; and
‘‘(ii) how such agencies will work in
partnership with other persons and organi-
zations involved in, and concerned with,
the education of children with disabilities,
including the respective roles of each of
these persons and organizations; and
‘‘(B) is in effect for the period of the
grant;
‘‘(2) describe how grant funds will be used in
undertaking the systemic-change activities, and the
amount and nature of funds from any other sources,
including part B funds retained for use at the State
level under sections 611(f) and 619(d), that will be
committed to the systemic-change activities;
247
‘‘(3) describe the strategies the State will use to
address the needs identified under subsection (b), in-
cluding—
‘‘(A) how the State will change State poli-
cies and procedures to address systemic barriers
to improving results for children with disabil-
ities;
‘‘(B) how the State will hold local edu-
cational agencies and schools accountable for
educational progress of children with disabil-
ities;
‘‘(C) how the State will provide technical
assistance to local educational agencies and
schools to improve results for children with dis-
abilities;
‘‘(D) how the State will address the identi-
fied needs for in-service and pre-service prepa-
ration to ensure that all personnel who work
with children with disabilities (including both
professional and paraprofessional personnel who
provide special education, general education, re-
lated services, or early intervention services)
have the skills and knowledge necessary to meet
the needs of children with disabilities, including
a description of how—
248
‘‘(i) the State will prepare general and
special education personnel with the con-
tent knowledge and collaborative skills
needed to meet the needs of children with
disabilities, including how the State will
work with other States on common certifi-
cation criteria;
‘‘(ii) the State will prepare profes-
sionals and paraprofessionals in the area of
early intervention with the content knowl-
edge and collaborative skills needed to
meet the needs of infants and toddlers
with disabilities;
‘‘(iii) the State will work with institu-
tions of higher education and other entities
that (on both a pre-service and an in-serv-
ice basis) prepare personnel who work with
children with disabilities to ensure that
those institutions and entities develop the
capacity to support quality professional de-
velopment programs that meet State and
local needs;
‘‘(iv) the State will work to develop
collaborative agreements with other States
for the joint support and development of
249
programs to prepare personnel for which
there is not sufficient demand within a sin-
gle State to justify support or development
of such a program of preparation;
‘‘(v) the State will work in collabora-
tion with other States, particularly neigh-
boring States, to address the lack of uni-
formity and reciprocity in the credentialing
of teachers and other personnel;
‘‘(vi) the State will enhance the ability
of teachers and others to use strategies,
such as behavioral interventions, to ad-
dress the conduct of children with disabil-
ities that impedes the learning of children
with disabilities and others;
‘‘(vii) the State will acquire and dis-
seminate, 
to 
teachers, 
administrators,
school board members, and related services
personnel, significant knowledge derived
from 
educational 
research 
and 
other
sources, and how the State will, when ap-
propriate, adopt promising practices, mate-
rials, and technology;
‘‘(viii) the State will recruit, prepare,
and retain qualified personnel, including
250
personnel with disabilities and personnel
from groups that are underrepresented in
the fields of regular education, special edu-
cation, and related services;
‘‘(ix) the plan is integrated, to the
maximum extent possible, with other pro-
fessional development plans and activities,
including plans and activities developed
and carried out under other Federal and
State laws that address personnel recruit-
ment and training; and
‘‘(x) the State will provide for the
joint training of parents and special edu-
cation, related services, and general edu-
cation personnel;
‘‘(E) strategies that will address systemic
problems identified in Federal compliance re-
views, including shortages of qualified person-
nel;
‘‘(F) how the State will disseminate results
of the local capacity-building and improvement
projects funded under section 611(f)(4);
‘‘(G) how the State will address improving
results for children with disabilities in the geo-
graphic areas of greatest need; and
251
‘‘(H) how the State will assess, on a regu-
lar basis, the extent to which the strategies im-
plemented under this subpart have been effec-
tive; and
‘‘(4) describe how the improvement strategies
described in paragraph (3) will be coordinated with
public and private sector resources.
‘‘(d) COMPETITIVE AWARDS.—
‘‘(1) IN GENERAL.—The Secretary shall make
grants under this subpart on a competitive basis.
‘‘(2) PRIORITY.—The Secretary may give prior-
ity to applications on the basis of need, as indicated
by such information as the findings of Federal com-
pliance reviews.
‘‘(e) PEER REVIEW.—
‘‘(1) IN GENERAL.—The Secretary shall use a
panel of experts who are competent, by virtue of
their training, expertise, or experience, to evaluate
applications under this subpart.
‘‘(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 MEMBERS.—The Secretary may use avail-
252
able funds appropriated to carry out this subpart to
pay the expenses and fees of panel members who are
not employees of the Federal Government.
‘‘(f) REPORTING PROCEDURES.—Each State edu-
cational agency that receives a grant under this subpart
shall submit performance reports to the Secretary pursu-
ant to a schedule to be determined by the Secretary, but
not more frequently than annually. The reports shall de-
scribe the progress of the State in meeting the perform-
ance goals established under section 612(a)(16), analyze
the effectiveness of the State’s strategies in meeting those
goals, and identify any changes in the strategies needed
to improve its performance.
‘‘SEC. 654. USE OF FUNDS.
‘‘(a) IN GENERAL.—
‘‘(1) ACTIVITIES.—A State educational agency
that receives a grant under this subpart may use the
grant to carry out any activities that are described
in the State’s application and that are consistent
with the purpose of this subpart.
‘‘(2) CONTRACTS AND SUBGRANTS.—Each such
State educational agency—
‘‘(A) shall, consistent with its partnership
agreement under section 652(b), award con-
tracts or subgrants to local educational agen-
253
cies, institutions of higher education, and par-
ent training and information centers, as appro-
priate, to carry out its State improvement plan
under this subpart; and
‘‘(B) may award contracts and subgrants
to other public and private entities, including
the lead agency under part C, to carry out such
plan.
‘‘(b) USE OF FUNDS FOR PROFESSIONAL DEVELOP-
MENT.—A State educational agency that receives a grant
under this subpart—
‘‘(1) shall use not less than 75 percent of the
funds it receives under the grant for any fiscal
year—
‘‘(A) to ensure that there are sufficient
regular education, special education, and relat-
ed services personnel who have the skills and
knowledge necessary to meet the needs of chil-
dren with disabilities and developmental goals
of young children; or
‘‘(B) to work with other States on common
certification criteria; or
‘‘(2) shall use not less than 50 percent of such
funds for such purposes, if the State demonstrates
254
to the Secretary’s satisfaction that it has the person-
nel described in paragraph (1)(A).
‘‘(c) GRANTS TO OUTLYING AREAS.—Public Law 95–
134, permitting the consolidation of grants to the outlying
areas, shall not apply to funds received under this subpart.
‘‘SEC. 655. MINIMUM STATE GRANT AMOUNTS.
‘‘(a) IN GENERAL.—The Secretary shall make a
grant to each State educational agency whose application
the Secretary has selected for funding under this subpart
in an amount for each fiscal year that is—
‘‘(1) not less than $500,000, nor more than
$2,000,000, in the case of the 50 States, the Dis-
trict of Columbia, and the Commonwealth of Puerto
Rico; and
‘‘(2) not less than $80,000, in the case of an
outlying area.
‘‘(b) INFLATION ADJUSTMENT.—Beginning with fis-
cal year 1999, the Secretary may increase the maximum
amount described in subsection (a)(1) to account for infla-
tion.
‘‘(c) FACTORS.—The Secretary shall set the amount
of each grant under subsection (a) after considering—
‘‘(1) the amount of funds available for making
the grants;
255
‘‘(2) the relative population of the State or out-
lying area; and
‘‘(3) the types of activities proposed by the
State or outlying area.
‘‘SEC. 656. 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 1998 through 2002.
‘‘Subpart 2—Coordinated Research, Personnel Prepa-
ration, Technical Assistance, Support, and Dis-
semination of Information
‘‘SEC. 661. ADMINISTRATIVE PROVISIONS.
‘‘(a) COMPREHENSIVE PLAN.—
‘‘(1) IN GENERAL.—The Secretary shall develop
and implement a comprehensive plan for activities
carried out under this subpart in order to enhance
the provision of educational, related, transitional,
and early intervention services to children with dis-
abilities under parts B and C. The plan shall include
mechanisms to address educational, related services,
transitional, and early intervention needs identified
by State educational agencies in applications submit-
ted for State program improvement grants under
subpart 1.
256
‘‘(2) PARTICIPANTS IN PLAN DEVELOPMENT.—
In developing the plan described in paragraph (1),
the Secretary shall consult with—
‘‘(A) individuals with disabilities;
‘‘(B) parents of children with disabilities;
‘‘(C) appropriate professionals; and
‘‘(D) representatives of State and local
educational agencies, private schools, institu-
tions of higher education, other Federal agen-
cies, the National Council on Disability, and na-
tional organizations with an interest in, and ex-
pertise in, providing services to children with
disabilities and their families.
‘‘(3) PUBLIC COMMENT.—The Secretary shall
take public comment on the plan.
‘‘(4) DISTRIBUTION OF FUNDS.—In implement-
ing the plan, the Secretary shall, to the extent ap-
propriate, ensure that funds are awarded to recipi-
ents under this subpart to carry out activities that
benefit, directly or indirectly, children with disabil-
ities of all ages.
‘‘(5) REPORTS TO CONGRESS.—The Secretary
shall periodically report to the Congress on the Sec-
retary’s activities under this subsection, including an
initial report not later than the date that is 18
257
months after the date of the enactment of the Indi-
viduals with Disabilities Act Amendments of 1997.
‘‘(b) ELIGIBLE APPLICANTS.—
‘‘(1) IN GENERAL.—Except as otherwise pro-
vided in this subpart, the following entities are eligi-
ble to apply for a grant, contract, or cooperative
agreement under this subpart:
‘‘(A) A State educational agency.
‘‘(B) A local educational agency.
‘‘(C) An institution of higher education.
‘‘(D) Any other public agency.
‘‘(E) A private nonprofit organization.
‘‘(F) An outlying area.
‘‘(G) An Indian tribe or a tribal organiza-
tion (as defined under section 4 of the Indian
Self-Determination and Education Assistance
Act).
‘‘(H) A for-profit organization, if the Sec-
retary finds it appropriate in light of the pur-
poses of a particular competition for a grant,
contract, or cooperative agreement under this
subpart.
‘‘(2) SPECIAL RULE.—The Secretary may limit
the entities eligible for an award of a grant, con-
tract, or cooperative agreement to one or more cat-
258
egories of eligible entities described in paragraph
(1).
‘‘(c) USE OF FUNDS BY SECRETARY.—Notwithstand-
ing any other provision of law, and in addition to any au-
thority granted the Secretary under chapter 1 or chapter
2, the Secretary may use up to 20 percent of the funds
available under either chapter 1 or chapter 2 for any fiscal
year to carry out any activity, or combination of activities,
subject to such conditions as the Secretary determines are
appropriate effectively to carry out the purposes of such
chapters, that—
‘‘(A) is consistent with the purposes of
chapter 1, chapter 2, or both; and
‘‘(B) involves—
‘‘(i) research;
‘‘(ii) personnel preparation;
‘‘(iii) parent training and information;
‘‘(iv) technical assistance and dissemi-
nation;
‘‘(v) technology development, dem-
onstration, and utilization; or
‘‘(vi) media services.
‘‘(d) SPECIAL POPULATIONS.—
‘‘(1) APPLICATION REQUIREMENT.—In making
an award of a grant, contract, or cooperative agree-
259
ment under this subpart, the Secretary shall, as ap-
propriate, require an applicant to demonstrate how
the applicant will address the needs of children with
disabilities from minority backgrounds.
‘‘(2) OUTREACH
AND
TECHNICAL
ASSIST-
ANCE.—
‘‘(A) 
REQUIREMENT.—Notwithstanding
any other provision of this Act, the Secretary
shall ensure that at least one percent of the
total amount of funds appropriated to carry out
this subpart is used for either or both of the
following activities:
‘‘(i) To provide outreach and technical
assistance to Historically Black Colleges
and Universities, and to institutions of
higher education with minority enrollments
of at least 25 percent, to promote the par-
ticipation of such colleges, universities, and
institutions in activities under this subpart.
‘‘(ii) To enable Historically Black Col-
leges and Universities, and the institutions
described in clause (i), to assist other col-
leges, universities, institutions, and agen-
cies in improving educational and transi-
tional results for children with disabilities.
260
‘‘(B) RESERVATION OF FUNDS.—The Sec-
retary may reserve funds appropriated under
this subpart to satisfy the requirement of sub-
paragraph (A).
‘‘(e) PRIORITIES.—
‘‘(1) IN GENERAL.—Except as otherwise explic-
itly authorized in this subpart, the Secretary shall
ensure that a grant, contract, or cooperative agree-
ment under chapter 1 or 2 is awarded only—
‘‘(A) for activities that are designed to
benefit children with disabilities, their families,
or the personnel employed to work with such
children or their families; or
‘‘(B) to benefit other individuals with dis-
abilities that such chapter is intended to bene-
fit.
‘‘(2) PRIORITY FOR PARTICULAR ACTIVITIES.—
Subject to paragraph (1), the Secretary, in making
an award of a grant, contract, or cooperative agree-
ment under this subpart, may, without regard to the
rule making procedures under section 553 of title 5,
United States Code, limit competitions to, or other-
wise give priority to—
‘‘(A) projects that address one or more—
‘‘(i) age ranges;
261
‘‘(ii) disabilities;
‘‘(iii) school grades;
‘‘(iv) types of educational placements
or early intervention environments;
‘‘(v) types of services;
‘‘(vi) content areas, such as reading;
or
‘‘(vii) effective strategies for helping
children with disabilities learn appropriate
behavior in the school and other commu-
nity-based educational settings;
‘‘(B) projects that address the needs of
children based on the severity of their disability;
‘‘(C) projects that address the needs of—
‘‘(i) low-achieving students;
‘‘(ii) underserved populations;
‘‘(iii) children from low-income fami-
lies;
‘‘(iv) children with limited English
proficiency;
‘‘(v) unserved and underserved areas;
‘‘(vi) particular types of geographic
areas; or
‘‘(vii) children whose behavior inter-
feres with their learning and socialization;
262
‘‘(D) projects to reduce inappropriate iden-
tification of children as children with disabil-
ities, particularly among minority children;
‘‘(E) projects that are carried out in par-
ticular areas of the country, to ensure broad ge-
ographic coverage; and
‘‘(F) any activity that is expressly author-
ized in chapter 1 or 2.
‘‘(f) APPLICANT
AND
RECIPIENT
RESPONSIBIL-
ITIES.—
‘‘(1) DEVELOPMENT
AND
ASSESSMENT
OF
PROJECTS.—The Secretary shall require that an ap-
plicant for, and a recipient of, a grant, contract, or
cooperative agreement for a project under this sub-
part—
‘‘(A) involve individuals with disabilities or
parents of individuals with disabilities in plan-
ning, implementing, and evaluating the project;
and
‘‘(B) where appropriate, determine whether
the project has any potential for replication and
adoption by other entities.
‘‘(2) 
ADDITIONAL
RESPONSIBILITIES.—The
Secretary may require a recipient of a grant, con-
263
tract, or cooperative agreement for a project under
this subpart—
‘‘(A) to share in the cost of the project;
‘‘(B) to prepare the research and evalua-
tion findings and products from the project in
formats that are useful for specific audiences,
including parents, administrators, teachers,
early intervention personnel, related services
personnel, and individuals with disabilities;
‘‘(C) to disseminate such findings and
products; and
‘‘(D) to collaborate with other such recipi-
ents in carrying out subparagraphs (B) and
(C).
‘‘(g) APPLICATION MANAGEMENT.—
‘‘(1) STANDING PANEL.—
‘‘(A) IN
GENERAL.—The Secretary shall
establish and use a standing panel of experts
who are competent, by virtue of their training,
expertise, or experience, to evaluate applications
under this subpart that, individually, request
more than $75,000 per year in Federal finan-
cial assistance.
‘‘(B) MEMBERSHIP.—The standing panel
shall include, at a minimum—
264
‘‘(i) individuals who are representa-
tives of institutions of higher education
that plan, develop, and carry out programs
of personnel preparation;
‘‘(ii) individuals who design and carry
out programs of research targeted to the
improvement of special education programs
and services;
‘‘(iii) individuals who have recognized
experience and knowledge necessary to in-
tegrate and apply research findings to im-
prove educational and transitional results
for children with disabilities;
‘‘(iv) individuals who administer pro-
grams at the State or local level in which
children with disabilities participate;
‘‘(v) individuals who prepare parents
of children with disabilities to participate
in making decisions about the education of
their children;
‘‘(vi) individuals who establish policies
that affect the delivery of services to chil-
dren with disabilities;
‘‘(vii) individuals who are parents of
children with disabilities who are benefit-
265
ing, or have benefited, from coordinated
research, personnel preparation, and tech-
nical assistance; and
‘‘(viii) individuals with disabilities.
‘‘(C) TRAINING.—The Secretary shall pro-
vide training to the individuals who are selected
as members of the standing panel under this
paragraph.
‘‘(D) TERM.—No individual shall serve on
the standing panel for more than 3 consecutive
years, unless the Secretary determines that the
individual’s continued participation is necessary
for the sound administration of this subpart.
‘‘(2) PEER-REVIEW PANELS FOR PARTICULAR
COMPETITIONS.—
‘‘(A) COMPOSITION.—The Secretary shall
ensure that each sub-panel selected from the
standing panel that reviews applications under
this subpart includes—
‘‘(i) individuals with knowledge and
expertise on the issues addressed by the
activities authorized by the subpart; and
‘‘(ii) to the extent practicable, parents
of children with disabilities, individuals
266
with disabilities, and persons from diverse
backgrounds.
‘‘(B) 
FEDERAL
EMPLOYMENT
LIMITA-
TION.—A majority of the individuals on each
sub-panel that reviews an application under this
subpart shall be individuals who are not em-
ployees of the Federal Government.
‘‘(3) USE OF DISCRETIONARY FUNDS FOR AD-
MINISTRATIVE PURPOSES.—
‘‘(A) EXPENSES AND FEES OF NON-FED-
ERAL
PANEL
MEMBERS.—The Secretary may
use funds available under this subpart to pay
the expenses and fees of the panel members
who are not officers or employees of the Fed-
eral Government.
‘‘(B) 
ADMINISTRATIVE
SUPPORT.—The
Secretary may use not more than 1 percent of
the funds appropriated to carry out this sub-
part to pay non-Federal entities for administra-
tive support related to management of applica-
tions submitted under this subpart.
‘‘(C) MONITORING.—The Secretary may
use funds available under this subpart to pay
the expenses of Federal employees to conduct
on-site 
monitoring 
of 
projects 
receiving
267
$500,000 or more for any fiscal year under this
subpart.
‘‘(h) PROGRAM EVALUATION.—The Secretary may
use funds appropriated to carry out this subpart to evalu-
ate activities carried out under the subpart.
‘‘(i) MINIMUM FUNDING REQUIRED.—
‘‘(1) IN GENERAL.—Subject to paragraph (2),
the Secretary shall ensure that, for each fiscal year,
at least the following amounts are provided under
this subpart to address the following needs:
‘‘(A) $12,832,000 to address the edu-
cational, related services, transitional, and early
intervention needs of children with deaf-blind-
ness.
‘‘(B) $4,000,000 to address the post-
secondary, vocational, technical, continuing, and
adult education needs of individuals with deaf-
ness.
‘‘(C) $4,000,000 to address the edu-
cational, related services, and transitional needs
of children with an emotional disturbance and
those who are at risk of developing an emo-
tional disturbance.
‘‘(2) 
RATABLE
REDUCTION.—If 
the 
total
amount appropriated to carry out sections 672, 673,
268
and 685 for any fiscal year is less than
$130,000,000, the amounts listed in paragraph (1)
shall be ratably reduced.
‘‘(j) ELIGIBILITY FOR FINANCIAL ASSISTANCE.—Ef-
fective for fiscal years for which the Secretary may make
grants under section 619(b), no State or local educational
agency or educational service agency or other public insti-
tution or agency may receive a grant under this subpart
which relates exclusively to programs, projects, and activi-
ties pertaining to children aged three to five, inclusive, un-
less the State is eligible to receive a grant under section
619(b).
‘‘Chapter 1—Improving Early Intervention, Edu-
cational, and Transitional Services and Results
for Children with Disabilities through Coordi-
nated Research and Personnel Preparation
‘‘SEC. 671. FINDINGS AND PURPOSE.
‘‘(a) FINDINGS.—The Congress finds the following:
‘‘(1) The Federal Government has an ongoing
obligation to support programs, projects, and activi-
ties that contribute to positive results for children
with disabilities, enabling them—
‘‘(A) to meet their early intervention, edu-
cational, and transitional goals and, to the max-
269
imum extent possible, educational standards
that have been established for all children; and
‘‘(B) to acquire the skills that will em-
power them to lead productive and independent
adult lives.
‘‘(2)(A) As a result of more than 20 years of
Federal 
support 
for 
research, 
demonstration
projects, and personnel preparation, there is an im-
portant knowledge base for improving results for
children with disabilities.
‘‘(B) Such knowledge should be used by States
and local educational agencies to design and imple-
ment state-of-the-art educational systems that con-
sider the needs of, and include, children with disabil-
ities, especially in environments in which they can
learn along with their peers and achieve results
measured by the same standards as the results of
their peers.
‘‘(3)(A) Continued Federal support is essential
for the development and maintenance of a coordi-
nated and high-quality program of research, dem-
onstration projects, dissemination of information,
and personnel preparation.
‘‘(B) Such support—
271
‘‘(C) to work with children with low-inci-
dence disabilities and their families.
‘‘(5) The Federal Government performs the role
described in paragraph (4)—
‘‘(A) by supporting models of personnel de-
velopment that reflect successful practice, in-
cluding strategies for recruiting, preparing, and
retaining personnel;
‘‘(B) by promoting the coordination and
integration of—
‘‘(i) personnel-development activities
for teachers of children with disabilities;
and
‘‘(ii) other personnel-development ac-
tivities supported under Federal law, in-
cluding this chapter;
‘‘(C) by supporting the development and
dissemination of information about teaching
standards; and
‘‘(D) by promoting the coordination and
integration of personnel-development activities
through linkage with systemic-change activities
within States and nationally.
‘‘(b) PURPOSE.—The purpose of this chapter is to
provide Federal funding for coordinated research, dem-
272
onstration projects, outreach, and personnel-preparation
activities that—
‘‘(1) are described in sections 672 through 674;
‘‘(2) are linked with, and promote, systemic
change; and
‘‘(3) improve early intervention, educational,
and transitional results for children with disabilities.
‘‘SEC. 672. RESEARCH AND INNOVATION TO IMPROVE SERV-
ICES AND RESULTS FOR CHILDREN WITH DIS-
ABILITIES.
‘‘(a) IN GENERAL.—The Secretary shall make com-
petitive grants to, or enter into contracts or cooperative
agreements with, eligible entities to produce, and advance
the use of, knowledge—
‘‘(1) to improve—
‘‘(A) services provided under this Act, in-
cluding the practices of professionals and others
involved in providing such services to children
with disabilities; and
‘‘(B) educational results for children with
disabilities;
‘‘(2) to address the special needs of preschool-
aged children and infants and toddlers with disabil-
ities, including infants and toddlers who would be at
risk of having substantial developmental delays if
273
early intervention services were not provided to
them;
‘‘(3) to address the specific problems of over-
identification and under-identification of children
with disabilities;
‘‘(4) to develop and implement effective strate-
gies for addressing inappropriate behavior of stu-
dents with disabilities in schools, including strategies
to prevent children with emotional and behavioral
problems from developing emotional disturbances
that require the provision of special education and
related services;
‘‘(5) to improve secondary and postsecondary
education and transitional services for children with
disabilities; and
‘‘(6) to address the range of special education,
related services, and early intervention needs of chil-
dren with disabilities who need significant levels of
support to maximize their participation and learning
in school and in the community.
‘‘(b) NEW KNOWLEDGE PRODUCTION; AUTHORIZED
ACTIVITIES.—
‘‘(1) IN GENERAL.—In carrying out this sec-
tion, the Secretary shall support activities, consistent
274
with the objectives described in subsection (a), that
lead to the production of new knowledge.
‘‘(2) AUTHORIZED ACTIVITIES.—Activities that
may be carried out under this subsection include ac-
tivities such as the following:
‘‘(A) Expanding understanding of the rela-
tionships between learning characteristics of
children with disabilities and the diverse ethnic,
cultural, linguistic, social, and economic back-
grounds of children with disabilities and their
families.
‘‘(B) Developing or identifying innovative,
effective, and efficient curricula designs, in-
structional approaches, and strategies, and de-
veloping or identifying positive academic and
social learning opportunities, that—
‘‘(i) enable children with disabilities to
make effective transitions described in sec-
tion 674(b)(3)(C) or transitions between
educational settings; and
‘‘(ii) improve educational and transi-
tional results for children with disabilities
at all levels of the educational system in
which the activities are carried out and, in
particular, that improve the progress of the
275
children, as measured by assessments with-
in the general education curriculum in-
volved.
‘‘(C) Advancing the design of assessment
tools and procedures that will accurately and ef-
ficiently determine the special instructional,
learning, and behavioral needs of children with
disabilities, especially within the context of gen-
eral education.
‘‘(D) Studying and promoting improved
alignment and compatibility of general and spe-
cial education reforms concerned with curricular
and instructional reform, evaluation and ac-
countability of such reforms, and administrative
procedures.
‘‘(E) Advancing the design, development,
and integration of technology, assistive tech-
nology devices, media, and materials, to im-
prove early intervention, educational, and tran-
sitional services and results for children with
disabilities.
‘‘(F) Improving designs, processes, and re-
sults of personnel preparation for personnel
who provide services to children with disabilities
276
through the acquisition of information on, and
implementation of, research-based practices.
‘‘(G) Advancing knowledge about the co-
ordination of education with health and social
services.
‘‘(H) Producing information on the long-
term impact of early intervention and education
on results for individuals with disabilities
through large-scale longitudinal studies.
‘‘(c) INTEGRATION OF RESEARCH AND PRACTICE;
AUTHORIZED ACTIVITIES.—
‘‘(1) IN GENERAL.—In carrying out this sec-
tion, the Secretary shall support activities, consistent
with the objectives described in subsection (a), that
integrate research and practice, including activities
that support State systemic-change and local capac-
ity-building and improvement efforts.
‘‘(2) AUTHORIZED ACTIVITIES.—Activities that
may be carried out under this subsection include ac-
tivities such as the following:
‘‘(A) Model demonstration projects to
apply and test research findings in typical serv-
ice settings to determine the usability, effective-
ness, and general applicability of such research
findings in such areas as improving instruc-
277
tional methods, curricula, and tools, such as
textbooks and media.
‘‘(B) Demonstrating and applying re-
search-based findings to facilitate systemic
changes, related to the provision of services to
children with disabilities, in policy, procedure,
practice, and the training and use of personnel.
‘‘(C) Promoting and demonstrating the co-
ordination of early intervention and educational
services for children with disabilities with serv-
ices provided by health, rehabilitation, and so-
cial service agencies.
‘‘(D) Identifying and disseminating solu-
tions that overcome systemic barriers to the ef-
fective and efficient delivery of early interven-
tion, educational, and transitional services to
children with disabilities.
‘‘(d) IMPROVING
THE
USE
OF
PROFESSIONAL
KNOWLEDGE; AUTHORIZED ACTIVITIES.—
‘‘(1) IN GENERAL.—In carrying out this sec-
tion, the Secretary shall support activities, consistent
with the objectives described in subsection (a), that
improve the use of professional knowledge, including
activities that support State systemic-change and
local capacity-building and improvement efforts.
278
‘‘(2) AUTHORIZED ACTIVITIES.—Activities that
may be carried out under this subsection include ac-
tivities such as the following:
‘‘(A) Synthesizing useful research and
other information relating to the provision of
services to children with disabilities, including
effective practices.
‘‘(B) Analyzing professional knowledge
bases to advance an understanding of the rela-
tionships, and the effectiveness of practices, re-
lating to the provision of services to children
with disabilities.
‘‘(C) Ensuring that research and related
products are in appropriate formats for dis-
tribution to teachers, parents, and individuals
with disabilities.
‘‘(D) Enabling professionals, parents of
children with disabilities, and other persons, to
learn about, and implement, the findings of re-
search, and successful practices developed in
model demonstration projects, relating to the
provision of services to children with disabil-
ities.
‘‘(E) Conducting outreach, and disseminat-
ing information relating to successful ap-
279
proaches to overcoming systemic barriers to the
effective and efficient delivery of early interven-
tion, educational, and transitional services, to
personnel who provide services to children with
disabilities.
‘‘(e) BALANCE
AMONG
ACTIVITIES
AND
AGE
RANGES.—In carrying out this section, the Secretary shall
ensure that there is an appropriate balance—
‘‘(1) among knowledge production, integration
of research and practice, and use of professional
knowledge; and
‘‘(2) across all age ranges of children with dis-
abilities.
‘‘(f) APPLICATIONS.—An eligible entity that wishes
to receive a grant, or enter into a contract or cooperative
agreement, under this section shall submit an application
to the Secretary at such time, in such manner, and con-
taining such information as the Secretary may require.
‘‘(g) AUTHORIZATION OF APPROPRIATIONS.—There
are authorized to be appropriated to carry out this section
such sums as may be necessary for each of the fiscal years
1998 through 2002.