II
Calendar No. 431
104TH CONGRESS
2D SESSION
H. R. 3268
IN THE SENATE OF THE UNITED STATES
JUNE 11, 1996
Received; read twice and placed on the calendar
AN ACT
To amend the Individuals with Disabilities Education Act,
to reauthorize and make improvements to that Act, and
for other purposes.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘IDEA Improvement
Act of 1996’’.
TITLE I—AMENDMENTS TO THE
INDIVIDUALS WITH DISABIL-
ITIES EDUCATION ACT
SEC. 101. AMENDMENTS TO THE INDIVIDUALS WITH DIS-
ABILITIES EDUCATION ACT.
Parts A through D of the Individuals with Disabil-
ities Education Act (20 U.S.C. 1400 et seq.) are amended
to read as follows:
‘‘PART A—GENERAL PROVISIONS
‘‘SEC. 601. SHORT TITLE; TABLE OF CONTENTS; FINDINGS;
PURPOSES.
‘‘(a) SHORT TITLE.—This title may be cited as the
‘Individuals with Disabilities Education Act’.
‘‘(b) TABLE OF CONTENTS.—The table of contents
for this title is as follows:
‘‘PART A—GENERAL PROVISIONS
‘‘Sec. 601. Short title; table of contents; findings; purposes.
‘‘Sec. 602. Definitions.
‘‘Sec. 603. Office of Special Education Programs.
‘‘Sec. 604. Abrogation of State sovereign immunity.
‘‘Sec. 605. Requirements for prescribing regulations.
‘‘Sec. 606. Employment of individuals with disabilities.
‘‘PART B—ASSISTANCE FOR EDUCATION OF ALL CHILDREN WITH
DISABILITIES
‘‘Sec. 611. Authorization; allotment; use of funds; authorization of appro-
priations.
‘‘Sec. 612. State requirements.
‘‘Sec. 613. Local educational agency requirements.
‘‘Sec. 614. Evaluations, reevaluations, individualized education programs,
and educational placements.
‘‘Sec. 615. Procedural safeguards.
‘‘Sec. 616. Withholding and judicial review.
‘‘Sec. 617. Administration.
‘‘Sec. 618. Program information.
‘‘Sec. 619. Preschool grants.
‘‘PART C—INFANTS AND TODDLERS WITH DISABILITIES
‘‘Sec. 631. Findings and policy.
‘‘Sec. 632. Definitions.
‘‘Sec. 633. General authority.
‘‘Sec. 634. Eligibility.
‘‘Sec. 635. Requirements for Statewide system.
‘‘Sec. 636. Individualized family service plan.
‘‘Sec. 637. State application and assurances.
‘‘Sec. 638. Uses of funds.
‘‘Sec. 639. Procedural safeguards.
‘‘Sec. 640. Payor of last resort.
‘‘Sec. 641. State interagency coordinating council.
‘‘Sec. 642. Federal administration.
‘‘Sec. 643. Allocation of funds.
‘‘Sec. 644. Authorization of appropriations.
‘‘PART D—NATIONAL ACTIVITIES TO IMPROVE EDUCATION OF CHILDREN
WITH DISABILITIES
‘‘Sec. 651. Purpose of part.
‘‘Sec. 652. Eligibility for financial assistance.
‘‘Sec. 653. Comprehensive plan.
‘‘Sec. 654. Peer review.
‘‘Sec. 655. Eligible applicants.
‘‘Sec. 656. Applicant and recipient responsibilities.
‘‘Sec. 657. Indirect costs.
‘‘Sec. 658. Program evaluation.
‘‘SUBPART 1—NATIONAL RESEARCH AND IMPROVEMENT ACTIVITIES
‘‘Sec. 661. General authority to make awards.
‘‘Sec. 662. Priorities.
‘‘Sec. 663. National assessment.
‘‘Sec. 664. Authorization of appropriations.
‘‘SUBPART 2—PROFESSIONAL DEVELOPMENT
‘‘Sec. 671. Purpose.
‘‘Sec. 672. Finding.
‘‘Sec. 673. National activities.
‘‘Sec. 674. Professional development for personnel serving low-incidence
populations.
‘‘Sec. 675. Leadership personnel.
‘‘Sec. 676. Service obligation.
‘‘Sec. 677. Outreach.
‘‘SUBPART 3—STATE PROGRAM IMPROVEMENT GRANTS FOR CHILDREN WITH
DISABILITIES
‘‘Sec. 681. Purpose.
‘‘Sec. 682. Eligibility and collaborative process.
‘‘Sec. 683. State improvement plans.
‘‘Sec. 684. Use of funds.
‘‘Sec. 685. Minimum State allotments.
‘‘Sec. 686. Authorization of appropriations.
‘‘SUBPART 4—PARENT TRAINING
‘‘Sec. 691. Grants for parent training and information centers.
‘‘Sec. 692. Technical assistance for parent training and information cen-
ters.
‘‘Sec. 693. Authorization of appropriations.
‘‘(c) FINDINGS.—The Congress finds the following:
‘‘(1) Disability is a natural part of the human
experience and in no way diminishes the right of in-
dividuals to participate in or contribute to society.
Improving educational results for children with dis-
abilities is an essential element of our national policy
of ensuring equality of opportunity, full participa-
tion, independent living, and economic self-suffi-
ciency for individuals with disabilities.
‘‘(2) Before the date of the enactment of the
Education for All Handicapped Children Act of
1975 (Public Law 94–142)—
‘‘(A) the special educational needs of chil-
dren with disabilities were not being fully met;
‘‘(B) more than one-half of the children
with disabilities in the United States did not re-
ceive appropriate educational services that
would enable such children to have full equality
of opportunity;
‘‘(C) 1,000,000 of the children with dis-
abilities in the United States were excluded en-
tirely from the public school system and did not
go through the educational process with their
peers;
‘‘(D) there were many children with dis-
abilities throughout the United States partici-
pating in regular school programs whose dis-
abilities prevented such children from having a
successful educational experience because their
disabilities were undetected; and
‘‘(E) because of the lack of adequate serv-
ices within the public school system, families
were often forced to find services outside the
public school system, often at great distance
from their residence and at their own expense.
‘‘(3) Since the enactment and implementation
of the Education for All Handicapped Children Act
of 1975, this Act has been successful in ensuring
children with disabilities and the families of such
children access to a free appropriate public edu-
cation and in improving educational results for chil-
dren with disabilities.
‘‘(4) However, the implementation of this Act
has been impeded by low expectations, and an insuf-
ficient focus on applying replicable research on prov-
en methods of teaching and learning for children
with disabilities.
‘‘(5) 20 years of research and experience has
demonstrated that the education of children with
disabilities can be made more effective by—
‘‘(A) having high expectations for such
children and ensuring their access in the gen-
eral curriculum to the maximum extent pos-
sible;
‘‘(B) ensuring that families of such chil-
dren have meaningful opportunities to partici-
pate in the education of their children at school
and at home;
‘‘(C) coordinating this Act with other local,
educational service agency, State, and Federal
school improvement efforts in order to ensure
that such children benefit from such efforts and
that special education can become a service for
such children rather than a place where they
are sent;
‘‘(D) providing appropriate special edu-
cation and related services and aids and sup-
ports in the regular classroom to such children,
whenever appropriate;
‘‘(E) supporting high-quality, intensive
professional development for all personnel who
work with such children in order to ensure that
they have the skills and knowledge necessary to
enable them—
‘‘(i) to meet developmental goals and,
to the maximum extent possible, those
challenging expectations that have been es-
tablished for all children; and
‘‘(ii) to be prepared to lead produc-
tive, independent, adult lives, to the maxi-
mum extent possible;
‘‘(F) providing incentives for whole-school
approaches and early intervention to reduce the
need to label children as disabled in order to
address their learning needs; and
‘‘(G) focusing resources on teaching and
learning while reducing paperwork and require-
ments that do not assist in improving edu-
cational results.
‘‘(6) While States, local educational agencies,
and educational service agencies are responsible for
providing an education for all children with disabil-
ities, it is in the national interest that the Federal
Government have a role in assisting State and local
efforts to educate children with disabilities in order
to improve results for such children and to ensure
equal protection of the law.
‘‘(7)(A) The Federal Government must be re-
sponsive to the growing needs of an increasingly
more diverse society. A more equitable allocation of
resources is essential for the Federal Government to
meet its responsibility to provide an equal edu-
cational opportunity for all individuals.
‘‘(B) America’s racial profile is rapidly chang-
ing. Between 1980 and 1990, the rate of increase in
the population for white Americans was 6 percent,
while the rate of increase for racial and ethnic mi-
norities was much higher: 53 percent for Hispanics,
13.2 percent for African-Americans, and 107.8 per-
cent for Asians.
‘‘(C) By the year 2000, this Nation will have
275,000,000 people, nearly one of every three of
whom will be either African-American, Hispanic,
Asian-American, or American Indian.
‘‘(D) Taken together as a group, minority chil-
dren are comprising an ever larger percentage of
public school students. Large city school populations
are overwhelmingly minority, e.g., for fall 1993, the
figure for Miami was 84 percent; Chicago, 89 per-
cent; Philadelphia, 78 percent; Baltimore, 84 per-
cent; Houston, 88 percent; and Los Angeles, 88 per-
cent.
‘‘(E) Recruitment efforts within special edu-
cation at the level of preservice, continuing edu-
cation, and practice must focus on bringing larger
numbers of minorities into the profession in order to
provide appropriate practitioner knowledge, role
models, and sufficient manpower to address the
clearly changing demography of special education.
‘‘(F) The limited English proficient population
is the fastest growing in our Nation, and the growth
is occurring in many parts of our Nation. In the Na-
tion’s 2 largest school districts, limited English stu-
dents make up almost half of all students initially
entering school at the kindergarten level. Studies
have documented apparent discrepancies in the levels
of referral and placement of limited English pro-
ficient children in special education. The Depart-
ment of Education has found that services provided
to limited English proficient students often do not
respond primarily to the pupil’s academic needs.
These trends pose special challenges for special edu-
cation in the referral, assessment, and services for
our Nation’s students from non-English language
backgrounds.
‘‘(8)(A) Greater efforts are needed to prevent
the intensification of problems connected with
mislabeling and high dropout rates among minority
children with disabilities.
‘‘(B) More minority children continue to be
served in special education than would be expected
from the percentage of minority students in the gen-
eral school population.
‘‘(C) Poor African-American children are 3.5
times more likely to be identified by their teacher as
mentally retarded than their white counterpart.
‘‘(D) Although African-Americans represent 12
percent of elementary and secondary enrollments,
they constitute 28 percent of total enrollments in
special education.
‘‘(E) The drop out rate is 68 percent higher for
minorities than for whites.
‘‘(F) More than 50 percent of minority students
in large cities drop out of school.
‘‘(9)(A) The opportunity for full participation
in awards for grants and contracts; boards of orga-
nizations receiving funds under this Act; and peer
review panels; and training of professionals in the
area of special education by minority individuals, or-
ganizations, and historically Black colleges and uni-
versities is essential if we are to obtain greater suc-
cess in the education of minority children with dis-
abilities.
‘‘(B) In 1989, of the 661,000 college and uni-
versity professors, 4.6 percent were African-Amer-
ican and 3.1 percent were Hispanic. Of the
3,600,000 teachers, prekindergarten through high
school, 9.4 percent were African-American and 3.9
percent were Hispanic.
‘‘(C) Students from minority groups comprise
more than 50 percent of K–12 public school enroll-
ment in seven States yet minority enrollment in
teacher training programs is less than 15 percent in
all but six States.
‘‘(D) As the number of African-American and
Hispanic students in special education increases, the
number of minority teachers and related service per-
sonnel produced in our colleges and universities con-
tinues to decrease.
‘‘(E) Ten years ago, 12.5 percent of the United
States teaching force in public elementary and sec-
ondary schools were members of a minority group.
Minorities comprised 21.3 percent of the national
population at that time and were clearly underrep-
resented then among employed teachers. Today, the
elementary and secondary teaching force is 3 to 5
percent minority, while one-third of the students in
public schools are minority children.
‘‘(F) As recently as 1991, Historically Black
Colleges and Universities enrolled 44 percent of the
African-American teacher trainees in the Nation.
However, in 1993, Historically Black Colleges and
Universities received only 4 percent of the discre-
tionary funds for special education and related serv-
ices personnel training under this Act.
‘‘(G) While African-American students con-
stitute 28 percent of total enrollment in special edu-
cation, only 11.2 percent of individuals enrolled in
preservice training programs for special education
are African-American.
‘‘(H) In 1986–87, of the degrees conferred in
education at the B.A., M.A., and Ph.D levels, only
6, 8, and 8 percent, respectively, were awarded to
African-American or Hispanic students.
‘‘(10) Minorities and underserved persons are
socially disadvantaged because of the lack of oppor-
tunities in training and educational programs,
undergirded by the practices in the private sector
that impede their full participation in the main-
stream of society.
‘‘(d) PURPOSES.—The purposes of this title are—
‘‘(1) to ensure that all children with disabilities
have available to them a free appropriate public edu-
cation that emphasizes special education and related
services designed to meet their unique needs and
prepare them for employment and independent liv-
ing;
‘‘(2) to ensure that the rights of children with
disabilities and parents of such children are pro-
tected;
‘‘(3) to assist States, localities, education serv-
ice agencies, and Federal agencies to provide for the
education of all children with disabilities; and
‘‘(4) to assess, and ensure the effectiveness of,
efforts to educate children with disabilities.
‘‘SEC. 602. DEFINITIONS.
‘‘As used in this title:
‘‘(1) ASSISTIVE
TECHNOLOGY
DEVICE.—The
term ‘assistive technology device’ means any item,
piece of equipment, or product system, whether ac-
quired commercially off the shelf, modified, or cus-
tomized, that is used to increase, maintain, or im-
prove functional capabilities of a child with a disabil-
ity.
‘‘(2) ASSISTIVE
TECHNOLOGY
SERVICE.—The
term ‘assistive technology service’ means any service
that directly assists a child with a disability in the
selection, acquisition, or use of an assistive tech-
nology device. Such term includes—
‘‘(A) the evaluation of the needs of such
child, including a functional evaluation of the
child in the child’s customary environment;
‘‘(B) purchasing, leasing, or otherwise pro-
viding for the acquisition of assistive technology
devices by such child;
‘‘(C) selecting, designing, fitting, customiz-
ing, adapting, applying, maintaining, repairing,
or replacing of assistive technology devices;
‘‘(D) coordinating and using other thera-
pies, interventions, or services with assistive
technology devices, such as those associated
with existing education and rehabilitation plans
and programs;
‘‘(E) training or technical assistance for
such child, or, where appropriate, the family of
such child; and
‘‘(F) training or technical assistance for
professionals (including individuals providing
education and rehabilitation services), employ-
ers, or other individuals who provide services to,
employ, or are otherwise substantially involved
in the major life functions of such child.
‘‘(3) CHILD WITH A DISABILITY.—
‘‘(A) IN GENERAL.—The term ‘child with a
disability’ means a child—
‘‘(i) with mental retardation, hearing
impairments (including deafness), speech
or language impairments, visual impair-
ments (including blindness), serious emo-
tional disturbance, orthopedic impairments,
autism, traumatic brain injury, other
health impairments, or specific learning
disabilities; and
‘‘(ii) who, by reason thereof, needs
special education and related services.
‘‘(B) CHILD
AGED
TO
9.—The term
‘child with a disability’ for a child aged 3 to 9,
inclusive, may, at the discretion of the State
and the local educational agency, include a
child—
‘‘(i) 
experiencing 
developmental
delays, as defined by the State and as
measured by appropriate diagnostic instru-
ments and procedures, in one or more of
the following areas: physical development,
cognitive development, communication de-
velopment, social or emotional develop-
ment, or adaptive development; and
‘‘(ii) who, by reason thereof, needs
special education and related services.
‘‘(4) EDUCATIONAL
SERVICE
AGENCY.—The
term ‘educational service agency’—
‘‘(A) means a regional public multiservice
agency—
‘‘(i) authorized by State law to de-
velop, manage, and provide services or pro-
grams to local educational agencies; and
‘‘(ii) recognized as an administrative
agency for purposes of the provision of
special education and related services pro-
vided within public elementary and second-
ary schools of the State; and
‘‘(B) includes any other public institution
or agency having administrative control and di-
rection over a public elementary or secondary
school.
‘‘(5) ELEMENTARY
SCHOOL.—The term ‘ele-
mentary school’ means a day or residential school
which provides elementary education, as determined
under State law, policy, or procedure.
‘‘(6) EQUIPMENT.—The term ‘equipment’ in-
cludes—
‘‘(A) machinery, utilities, and built-in
equipment and any necessary enclosures or
structures to house such machinery, utilities, or
equipment; and
‘‘(B) all other items necessary for the
functioning of a particular facility as a facility
for the provision of educational services, includ-
ing items such as instructional equipment and
necessary furniture, printed, published, and
audio-visual 
instructional 
materials, 
tele-
communications, sensory, and other techno-
logical aids and devices, and books, periodicals,
documents, and other related materials.
‘‘(7) EXCESS COSTS.—The term ‘excess costs’
means those costs which are in excess of the average
annual per student expenditure in a local edu-
cational agency during the preceding school year for
an elementary or secondary school student, as may
be appropriate, and which shall be computed after
deducting—
‘‘(A) amounts received—
‘‘(i) under part B of this title;
‘‘(ii) under part A of title I of the El-
ementary and Secondary Education Act of
1965; or
‘‘(iii) under part A of title VII of such
Act; and
‘‘(B) any State or local funds expended for
programs that would qualify for assistance
under any such part.
‘‘(8) 
FREE
APPROPRIATE
PUBLIC
EDU-
CATION.—The term ‘free appropriate public edu-
cation’ means special education and related services
that—
‘‘(A) have been provided at public expense,
under public supervision and direction, and
without charge;
‘‘(B) meet the standards of the State edu-
cational agency;
‘‘(C) include an appropriate preschool, ele-
mentary, or secondary school education in the
State involved; and
‘‘(D) are provided in conformity with the
individualized 
education 
program 
required
under section 614(d).
‘‘(9) INDIAN.—The term ‘Indian’ means an in-
dividual who is a member of an Indian tribe.
‘‘(10) INDIAN TRIBE.—The term ‘Indian tribe’
means any Federal or State Indian tribe, band,
rancheria, pueblo, colony, or community, including
any Alaskan native village or regional village cor-
poration (as defined in or established under the
Alaska Native Claims Settlement Act).
‘‘(11) 
INDIVIDUALIZED
EDUCATION
PRO-
GRAM.—The term ‘individualized education program’
or ‘IEP’ means a written statement for each child
with a disability that is developed, reviewed, and re-
vised in accordance with section 614(d) and that in-
cludes—
‘‘(A) a statement of the child’s present lev-
els of educational performance, including—
‘‘(i) how the child’s disability affects
the child’s involvement and progress in the
general curriculum; or
‘‘(ii) for preschool children, as appro-
priate, how the disability affects the child’s
participation in appropriate activities;
‘‘(B) a statement of measurable annual
goals, including benchmarks or short-term ob-
jectives, related to—
‘‘(i) meeting the child’s needs that re-
sult from the child’s disability to enable
the child to be involved in and progress in
the general curriculum; and
‘‘(ii) meeting each of the child’s other
educational needs that result from the
child’s disability;
‘‘(C) a statement of how the classroom was
adapted before the student was referred for
identification as a child with a disability;
‘‘(D) a justification of the extent, if any, to
which the child will not be educated with non-
disabled children;
‘‘(E) a statement of the special education
and related services and supplementary aids
and services to be provided to the child, or on
behalf of the child, and any program modifica-
tions or support for school personnel necessary
for the child—
‘‘(i) to progress toward the attainment
of the annual goals described in subpara-
graph (B); and
‘‘(ii) to be involved and progress in
the general curriculum in accordance with
subparagraph (A) and to participate in ex-
tracurricular and other nonacademic activi-
ties;
‘‘(F)(i) a statement of any individual modi-
fications in the administration of State or dis-
trictwide assessments of student achievement
that are needed in order for the child to partici-
pate in such assessment; and
‘‘(ii) if the individualized education pro-
gram team determines that the child will not
participate in a particular State or districtwide
assessment of student achievement (or part of
such an assessment), a statement of—
‘‘(I) why that assessment is not ap-
propriate for the child; and
‘‘(II) how the child will be assessed;
‘‘(G) the projected date for the beginning
of the services and modifications described in
subparagraph (E), and the anticipated fre-
quency, location, and duration of those services
and modifications;
‘‘(H)(i) beginning at age 14, and updated
annually, a statement of the transition service
needs of the child under the applicable compo-
nents of the child’s IEP that focuses on the
child’s courses of study (such as participation
in advanced-placement courses or a vocational
education or school-to-work program);
‘‘(ii) beginning at age 16 (or younger, if
determined appropriate by the IEP Team), a
statement of needed transition services for the
child, including, when appropriate, a statement
of the interagency responsibilities or any needed
linkages; and
‘‘(iii) beginning at least one year before the
child reaches the age of majority under State
law, a statement that the child has been in-
formed of his or her rights under this title, if
any, that will transfer to the child on reaching
the age of majority under section 615(m); and
‘‘(I) a statement of—
‘‘(i) how the child’s progress toward
the annual goals described in subpara-
graph (B) will be measured; and
‘‘(ii) how the child’s parents will be
regularly informed (by such means as peri-
odic report cards), at least as often as par-
ents are informed of their nondisabled chil-
dren’s progress, of—
‘‘(I) their child’s progress toward
the annual goals described in subpara-
graph (B); and
‘‘(II) the extent to which that
progress is sufficient to enable the
child to achieve the objectives by the
end of the year.
‘‘(12) INDIVIDUALIZED
EDUCATION
PROGRAM
TEAM.—The term ‘individualized education program
team’ or ‘IEP Team’ means a group of individuals
composed of—
‘‘(A) the parents of a child with a disabil-
ity;
‘‘(B) at least one regular education teacher
of such child (if the child is, or may be, partici-
pating in the regular education environment);
‘‘(C) at least one special education teacher,
or where appropriate, at least one special edu-
cation provider of such child;
‘‘(D) a representative of the local edu-
cational agency who—
‘‘(i) is qualified to provide, or super-
vise the provision of, specially designed in-
struction to meet the unique needs of chil-
dren with disabilities;
‘‘(ii) is knowledgeable about the gen-
eral curriculum; and
‘‘(iii) is knowledgeable about the avail-
ability of resources of the local educational
agency;
‘‘(E) whenever appropriate, the child with
a disability; and
‘‘(F) at the discretion of the parent or the
agency, other individuals who have special ex-
pertise or knowledge regarding the abilities and
disability or disabilities of the child, including,
as appropriate, related services personnel who
are or who will be working with the child.
‘‘(13) INSTITUTION OF HIGHER EDUCATION.—
The term ‘institution of higher education’—
‘‘(A) has the meaning given that term in
section 1201(a) of the Higher Education Act of
1965; and
‘‘(B) also includes any community college
receiving funding from the Secretary of the In-
terior under the Tribally Controlled Community
College Assistance Act of 1978.
‘‘(14) LOCAL
EDUCATIONAL
AGENCY.—The
term ‘local educational agency’ means—
‘‘(A) a public board of education or other
public authority legally constituted within a
State for either administrative control or direc-
tion of, or to perform a service function for,
public elementary or secondary schools in a
city, county, township, school district, or other
political subdivision of a State, or for a com-
bination of school districts or counties as are
recognized in a State as an administrative
agency for its public elementary or secondary
schools;
‘‘(B) any other public institution or agency
having administrative control and direction of a
public elementary or secondary school; or
‘‘(C) an educational service agency.
‘‘(15) NATIVE
LANGUAGE.—The term ‘native
language’, when used with reference to an individual
of limited English proficiency, means the language
normally used by the individual, or in the case of a
child, the language normally used by the parents of
the child, and includes American Sign Language.
‘‘(16) NONPROFIT.—The term ‘nonprofit’ as
applied to a school, agency, organization, or institu-
tion means a school, agency, organization, or institu-
tion owned and operated by one or more nonprofit
corporations or associations no part of the net earn-
ings of which inures, or may lawfully inure, to the
benefit of any private shareholder or individual.
‘‘(17) PARENT.—The term ‘parent’ includes a
legal guardian or surrogate parent.
‘‘(18) PARENT ORGANIZATION.—The term ‘par-
ent organization’ means a private nonprofit organi-
zation (but not including an institution of higher
education) that—
‘‘(A) has a board of directors—
‘‘(i) the majority of whom are parents
of children with disabilities;
‘‘(ii) that includes—
‘‘(I) individuals working in the
fields of special education, related
services, and early intervention; and
‘‘(II) individuals with disabilities;
and
‘‘(iii) the parent and professional
members of which are broadly representa-
tive of the population to be served; or
‘‘(B)(i) represents the interests of individ-
uals with disabilities and has established a spe-
cial governing committee which meets the re-
quirements of subparagraph (A); and
‘‘(ii) has a memorandum of understanding
between the special governing committee and
the board of directors of the organization which
clearly outlines the relationship between the
board and the committee and the decisionmak-
ing responsibilities and authority of each.
‘‘(19) PARENT
TRAINING
AND
INFORMATION
CENTER.—The term ‘parent training and informa-
tion center’ means a center that—
‘‘(A) provides training and information
that meets the training and information needs
of parents of children with disabilities living in
the area served by the center; and
‘‘(B) assists parents—
‘‘(i) to better understand the nature
of their children’s disabilities and their
educational and developmental needs;
‘‘(ii) to communicate effectively with
personnel responsible for providing special
education, early intervention, and related
services;
‘‘(iii) to participate in decisionmaking
processes and the development of the IEP;
‘‘(iv) to obtain appropriate informa-
tion about the range of options, programs,
services, and resources available to assist
children with disabilities and their families;
‘‘(v) to understand the programs
under this title for the education of, and
the provision of early intervention services
to, children with disabilities; and
‘‘(vi) to participate in school reform
activities.
‘‘(20) RELATED SERVICES.—The term ‘related
services’ means transportation, and such devel-
opmental, corrective, and other supportive services
(including speech-language pathology and audiology
services, psychological services, physical and occupa-
tional therapy, recreation, including therapeutic
recreation, social work services, counseling services,
including rehabilitation counseling, orientation and
mobility services, and medical services, except that
such medical services shall be for diagnostic and
evaluation purposes only) as may be required to as-
sist a child with a disability to benefit from special
education, and includes the early identification and
assessment of disabling conditions in children.
‘‘(21) SECONDARY SCHOOL.—The term ‘second-
ary school’ means a day or residential school which
provides secondary education, as determined under
State law, policy, or procedure, except that it does
not include any education provided beyond grade 12.
‘‘(22) 
SECRETARY.—The 
term 
‘Secretary’
means the Secretary of Education.
‘‘(23) SPECIAL EDUCATION.—The term ‘special
education’ means specially designed instruction, at
no cost to parents, to meet the unique needs of a
child with a disability, including—
‘‘(A) instruction conducted in the class-
room, in the home, in hospitals and institutions,
and in other settings; and
‘‘(B) instruction in physical education.
‘‘(24) SPECIFIC LEARNING DISABILITY.—
‘‘(A) IN
GENERAL.—The term ‘specific
learning disability’ means a disorder in one or
more of the basic psychological processes in-
volved in understanding or in using language,
spoken or written, which disorder may manifest
itself in imperfect ability to listen, think, speak,
read, write, spell, or do mathematical calcula-
tions.
‘‘(B) DISORDERS INCLUDED.—Such term
includes such conditions as perceptual disabil-
ities, brain injury, minimal brain dysfunction,
dyslexia, and developmental aphasia.
‘‘(C) DISORDERS
NOT
INCLUDED.—Such
term does not include a learning problem that
is primarily the result of visual, hearing, or
motor disabilities, of mental retardation, of
emotional disturbance, or of environmental, cul-
tural, or economic disadvantage.
‘‘(25) STATE.—The term ‘State’ means each of
the 50 States, the District of Columbia, the Com-
monwealth of Puerto Rico, and each of the terri-
tories.
‘‘(26) STATE
EDUCATIONAL
AGENCY.—The
term ‘State educational agency’ means the State
board of education or other agency or officer pri-
marily responsible for the State supervision of public
elementary and secondary schools, or, if there is no
such officer or agency, an officer or agency des-
ignated by the Governor or by State law.
‘‘(27) SUPPLEMENTARY AIDS AND SERVICES.—
The term ‘supplementary aids and services’ means,
aids, services, and other supports that are provided
in regular education classes or other education-relat-
ed settings to enable children with disabilities to be
educated with nondisabled children to the maximum
extent appropriate in accordance with section
612(a)(4).
‘‘(28) TERRITORY.—The term ‘territory’ means
American Samoa, the Commonwealth of the North-
ern Mariana Islands, Guam, and the Virgin Islands.
‘‘(29) TRANSITION SERVICES.—The term ‘tran-
sition services’ means a coordinated set of activities
for a child with a disability that—
‘‘(A) are designed within an outcome-ori-
ented process, which promotes movement from
school to post-school activities, including post-
secondary education, vocational training, inte-
grated employment (including supported em-
ployment), continuing and adult education,
adult services, independent living, or community
participation;
‘‘(B) are based upon the individual child’s
needs, taking into account the child’s pref-
erences and interests; and
‘‘(C) include instruction, related services,
community experiences, the development of em-
ployment and other post-school adult living ob-
jectives, and, when appropriate, acquisition of
daily living skills and functional vocational eval-
uation.
‘‘SEC. 603. OFFICE OF SPECIAL EDUCATION PROGRAMS.
‘‘(a) ESTABLISHMENT.—There shall be, within the
Office of Special Education and Rehabilitative Services in
the Department of Education, an Office of Special Edu-
cation Programs which shall be the principal agency in
such Department for administering and carrying out this
title and other programs and activities concerning the edu-
cation and training of children with disabilities.
‘‘(b) DIRECTOR.—The Office established under sub-
section (a) shall be headed by a Director who shall be se-
lected by the Secretary and shall report directly to the As-
sistant Secretary for Special Education and Rehabilitative
Services.
‘‘(c) VOLUNTARY
AND
UNCOMPENSATED
SERV-
ICES.—Notwithstanding section 1342 of title 31, United
States Code, the Secretary is authorized to accept vol-
untary and uncompensated services in furtherance of the
purposes of this title.
‘‘SEC. 604. ABROGATION OF STATE SOVEREIGN IMMUNITY.
‘‘(a) IN GENERAL.—A State shall not be immune
under the eleventh amendment to the Constitution of the
United States from suit in Federal court for a violation
of this title.
‘‘(b) REMEDIES.—In a suit against a State for a vio-
lation of this title, remedies (including remedies both at
law and in equity) are available for such a violation to
the same extent as such remedies are available for such
a violation in the suit against any public entity other than
a State.
‘‘(c) EFFECTIVE DATE.—The provisions of sub-
sections (a) and (b) apply with respect to violations that
occur in whole or part after the date of the enactment
of the Education of the Handicapped Act Amendments of
1990.
‘‘SEC. 605. REQUIREMENTS FOR PRESCRIBING REGULA-
TIONS.
‘‘(a) PUBLIC-COMMENT
PERIOD.—The Secretary
shall provide a public-comment period of at least 90 days
on any regulation proposed under part B or part C of this
title on which an opportunity for public comment is other-
wise required by law.
‘‘(b) PROTECTIONS PROVIDED TO CHILDREN.—The
Secretary may not implement, or publish in final form,
any regulation prescribed pursuant to this title which
would procedurally or substantively lessen the protections
provided to children with disabilities under this title, as
embodied in regulations in effect on July 20, 1983 (par-
ticularly as such protections relate to parental consent to
initial evaluation or initial placement in special education,
least restrictive environment, related services, timeliness,
attendance of evaluation personnel at individualized edu-
cation program meetings, or qualifications of personnel),
except to the extent that such regulation reflects the clear
and unequivocal intent of the Congress in legislation.
‘‘(c) CORRESPONDENCE
FROM
DEPARTMENT
OF
EDUCATION DESCRIBING INTERPRETATIONS
OF THIS
PART.—
‘‘(1) IN GENERAL.—The Secretary shall, on a
quarterly basis, publish in the Federal Register, and
widely disseminate to interested entities through var-
ious additional forms of communication, a list of
correspondence from the Department of Education
received by individuals during the previous quarter
that describes the interpretations of the Department
of Education of this Act or the regulations imple-
mented pursuant to this Act.
‘‘(2) ADDITIONAL
INFORMATION.—For each
item of correspondence published in a list under
paragraph (1), the Secretary shall identify the topic
addressed by the correspondence and shall include
such other summary information as the Secretary
determines to be appropriate.
‘‘(3) RESTRICTIONS ON USE OF CORRESPOND-
ENCE.—
‘‘(A) IN GENERAL.—Except as provided in
subparagraph (B), an item of correspondence
published and disseminated under paragraph
(1) may not be used in the following:
‘‘(i) An administrative or due process
action commenced under section 615.
‘‘(ii) A compliance review or other ac-
tion relating to a State educational agency
conducted by the Department of Edu-
cation.
‘‘(iii) A compliance review or other ac-
tion relating to a local educational agency
or other agency conducted by a State edu-
cational agency.
‘‘(B) EXCEPTIONS.—A restriction on the
use of an item of correspondence under sub-
paragraph (A) shall not apply if the item of
correspondence—
‘‘(i) is directly related to the particu-
lar fact situation, practice, or policy at
issue under clause (i) or (iii) of subpara-
graph (A);
‘‘(1) RESERVATION FOR THE TERRITORIES.—
‘‘(A) IN GENERAL.—Of the amount appro-
priated pursuant to subsection (e) to carry out
this part for a fiscal year, the Secretary shall
allot not more than one percent among the ter-
ritories in accordance with this paragraph.
‘‘(B) BASIS FOR ALLOTMENT.—The Sec-
retary shall allot to each territory an amount
that bears the same proportion to the amount
appropriated pursuant to subsection (e) for a
fiscal year as the number of individuals aged 3
to 21, inclusive, residing in such territory bears
to the aggregate number of such individuals re-
siding in all such territories.
‘‘(C) PROHIBITION ON CONSOLIDATION OF
GRANTS.—Section 501 of Public Law 95–134
(48 U.S.C. 1469a; relating to the consolidation
of one or more grants provided to certain terri-
tories) shall not apply with respect to amounts
provided to a territory under a grant under this
part.
‘‘(2) SECRETARY OF THE INTERIOR.—Of the
amount appropriated pursuant to subsection (e) to
carry out this part for a fiscal year, the Secretary
shall provide to the Secretary of the Interior an
amount equal to 1.226 percent to carry out sub-
section (d) (relating to special education and related
services for Indian children with disabilities).
‘‘(3) STATES.—
‘‘(A) IN GENERAL.—After determining the
amount to be allotted to the territories under
paragraph (1) and the amount to be provided
to the Secretary of the Interior under para-
graph (2) for a fiscal year, the Secretary shall
allot the remaining amount to the remaining
States in accordance with this paragraph.
‘‘(B) BASIS FOR ALLOTMENT.—Except as
provided in subparagraph (D), the Secretary
shall allot to each State an amount equal to the
sum of the following amounts:
‘‘(i) The amount equal to—
‘‘(I) 85 percent of the remaining
amount described in subparagraph
(A); multiplied by
‘‘(II) the child population per-
centage of the State (as determined
under subparagraph (C)(i)).
‘‘(ii) The amount equal to—
‘‘(I) 15 percent of the remaining
amount described in subparagraph
(A); multiplied by
‘‘(II) the child poverty percentage
of the State (as determined under
subparagraph (C)(ii)).
‘‘(C) DETERMINATION
OF
CHILD
POPU-
LATION
PERCENTAGE
AND
CHILD
POVERTY
PERCENTAGE.—
‘‘(i) CHILD
POPULATION
PERCENT-
AGE.—The child population percentage
shall be determined by comparing—
‘‘(I) the number of children aged
3 to 21, inclusive, in the State who
are of the same age as children with
disabilities for whom the State en-
sures the availability of a free appro-
priate public education; to
‘‘(II) the number of such children
in the remaining States.
‘‘(ii) CHILD POVERTY PERCENTAGE.—
The child poverty percentage shall be de-
termined by comparing—
‘‘(I) the number of children aged
3 to 21, inclusive, in the State living
in poverty who are of the same age as
children with disabilities for whom the
State ensures the availability of a free
appropriate public education; to
‘‘(II) the number of such children
in the remaining States.
‘‘(D) TRANSITION FORMULA.—For each of
the fiscal years 1997 through 2005, the Sec-
retary shall allot the remaining amount to the
remaining States in accordance with the follow-
ing:
‘‘(i) FISCAL
YEAR
1997.—For fiscal
year 1997, the Secretary shall allot to each
remaining State the sum of—
‘‘(I) 10 percent multiplied by the
amount determined for such State
under subparagraph (B); and
‘‘(II) 90 percent multiplied by
the amount determined for such State
under subparagraph (E).
‘‘(ii) FISCAL
YEAR
1998.—For fiscal
year 1998, the Secretary shall allot to each
remaining State the sum of—
‘‘(I) 20 percent multiplied by the
amount determined for such State
under subparagraph (B); and
‘‘(II) 80 percent multiplied by
the amount determined for such State
under subparagraph (E).
‘‘(iii) FISCAL YEAR 1999.—For fiscal
year 1999, the Secretary shall allot to each
remaining State the sum of—
‘‘(I) 30 percent multiplied by the
amount determined for such State
under subparagraph (B); and
‘‘(II) 70 percent multiplied by
the amount determined for such State
under subparagraph (E).
‘‘(iv) FISCAL YEAR 2000.—For fiscal
year 2000, the Secretary shall allot to each
remaining State the sum of—
‘‘(I) 40 percent multiplied by the
amount determined for such State
under subparagraph (B); and
‘‘(II) 60 percent multiplied by
the amount determined for such State
under subparagraph (E).
‘‘(v) FISCAL
YEAR
2001.—For fiscal
year 2001, the Secretary shall allot to each
remaining State the sum of—
‘‘(I) 50 percent multiplied by the
amount determined for such State
under subparagraph (B); and
‘‘(II) 50 percent multiplied by
the amount determined for such State
under subparagraph (E).
‘‘(vi) FISCAL YEAR 2002.—For fiscal
year 2002, the Secretary shall allot to each
remaining State the sum of—
‘‘(I) 60 percent multiplied by the
amount determined for such State
under subparagraph (B); and
‘‘(II) 40 percent multiplied by
the amount determined for such State
under subparagraph (E).
‘‘(vii) FISCAL YEAR 2003.—For fiscal
year 2003, the Secretary shall allot to each
remaining State the sum of—
‘‘(I) 70 percent multiplied by the
amount determined for such State
under subparagraph (B); and
‘‘(II) 30 percent multiplied by
the amount determined for such State
under subparagraph (E).
‘‘(viii) FISCAL YEAR 2004.—For fiscal
year 2004, the Secretary shall allot to each
remaining State the sum of—
‘‘(I) 80 percent multiplied by the
amount determined for such State
under subparagraph (B); and
‘‘(II) 20 percent multiplied by
the amount determined for such State
under subparagraph (E).
‘‘(ix) FISCAL YEAR 2005.—For fiscal
year 2005, the Secretary shall allot to each
remaining State the sum of—
‘‘(I) 90 percent multiplied by the
amount determined for such State
under subparagraph (B); and
‘‘(II) 10 percent multiplied by
the amount determined for such State
under subparagraph (E).
‘‘(E) BASE AMOUNT FOR 1996.—
‘‘(i) IN GENERAL.—Subject to clause
(ii), the amount determined under this
subparagraph for a State is the amount
that bears the same proportion to the re-
maining amount (described in subpara-
graph (A)) for the fiscal year under sub-
paragraph (D) as the amount received by
the State under this section for fiscal year
1996 bears to the aggregate of the
amounts received by the remaining States
(described in subparagraph (A)) under this
section for fiscal year 1996.
‘‘(ii) REDUCTION IN AMOUNT.—If the
State received an amount under this sec-
tion for fiscal year 1996 on the basis of
children aged 3 to 5, inclusive, in such
State, but the State does not make a free
appropriate public education available to
all children with disabilities aged 3 to 5,
inclusive, in the State at the time a deter-
mination is made under subparagraph (C),
the Secretary shall reduce, on a propor-
tional basis, the amount under clause (i)
for purposes of allotting amounts under
such subparagraph.
‘‘(F) INCREASE
IN
ALLOTMENT
AMOUNT
DURING TRANSITION YEARS.—
‘‘(i) IN GENERAL.— For each of the
fiscal years 1997 through 2005, if the
amount determined for a State under sub-
paragraph (D) is an amount that is less
than the amount received by the State
under this section for fiscal year 1996
and—
‘‘(I) the amount of the difference
between such two amounts is less
than an amount equal to 10 percent
of the amount received by the State
for fiscal year 1996, then the amount
allotted to the State for the fiscal year
shall be equal to the amount received
by the State for fiscal year 1996; or
‘‘(II) the amount of the dif-
ference between such two amounts is
equal to or greater than an amount
equal to 10 percent of the amount re-
ceived by the State for fiscal year
1996, then the amount allotted to the
State for the fiscal year shall be equal
to the sum of (aa) the amount deter-
mined for the State under subpara-
graph (D), and (bb) the amount equal
to 10 percent of the amount received
by the State for fiscal year 1996.
‘‘(ii) ADJUSTMENT.—If amounts are
allotted to one or more States under clause
(i) for a fiscal year, the Secretary shall re-
duce, on a proportional basis, the amounts
allotted to the remaining States for which
the amount determined under subpara-
graph (D) is an amount that is greater
than the amount received by such States
under this section for fiscal year 1996.
‘‘(G) MINIMUM
ALLOTMENT.—For each
fiscal year for which one of the conditions of
subparagraph (F) is met (or such subparagraph
does not apply) and subject to the availability
of appropriations, for fiscal year 1997 and each
subsequent fiscal year, the amount allotted to
each remaining State (described in subpara-
graph (A)) shall not be less than an amount
equal to one-third of one percent of the remain-
ing amount (described in subparagraph (A)) for
the fiscal year.
‘‘(H) MAXIMUM ALLOTMENT.—
‘‘(i) IN
GENERAL.—For fiscal year
1997 and each subsequent fiscal year, the
amount allotted to each remaining State
(described in subparagraph (A)) under this
paragraph shall not be more than an
amount equal to
‘‘(I) the sum of—
‘‘(aa) the number of children
with disabilities in the State,
aged 6 through 21, who are re-
ceiving special education and re-
lated services, as determined
under clause (ii); and
‘‘(bb) if the State is eligible
for a grant under section 619,
the number of such children in
the State, aged 3 through 5; mul-
tiplied by
‘‘(II) 40 percent of the average
per-pupil expenditure in public ele-
mentary and secondary schools in the
United States.
‘‘(ii) DETERMINATION OF NUMBER OF
CHILDREN.—The number of children with
disabilities receiving special education and
related services in any fiscal year shall be
equal to the number of such children re-
ceiving special education and related serv-
ices on December 1 of the fiscal year pre-
ceding the fiscal year for which the deter-
mination is made.
‘‘(iii) AVERAGE PER PUPIL EXPENDI-
TURE.—For purposes of clause (i)(II), the
term ‘average per pupil expenditure’, in
the United States, means the aggregate
current expenditures, during the second
fiscal year preceding the fiscal year for
which the computation is made (or, if sat-
isfactory data for such year are not avail-
able at the time of computation, then dur-
ing the most recent preceding fiscal year
for which satisfactory data are available)
of all local educational agencies in the
United States (which, for purposes of this
subparagraph, means the fifty States and
the District of Columbia), as the case may
be, plus any direct expenditures by the
State for operation of such agencies (with-
out regard to the source of funds from
which either of such expenditures are
made), divided by the aggregate number of
children in average daily attendance to
whom such agencies provided free public
education during such preceding year.
‘‘(4) SPECIAL RULE WITH RESPECT TO PUERTO
RICO.—
‘‘(A) IN
GENERAL.—Except as provided
subparagraph (B) and notwithstanding para-
graph (3), the amount allotted to Puerto Rico
for a fiscal year shall bear the same or lower
proportion to the remaining amount (described
in paragraph (3)(A)) as the amount received by
Puerto Rico under this section for fiscal year
1996 bears to the aggregate of the amounts re-
ceived by the remaining States (as described in
paragraph (3)(A)) under this section for fiscal
year 1996.
‘‘(B) INCREASE
IN
ALLOTMENT
AMOUNT
DURING CERTAIN FISCAL YEARS.—For each fis-
cal year for which the minimum allotment re-
quirement under paragraph (3)(G) is met, the
amount allotted to Puerto Rico for that fiscal
year shall be equal to—
‘‘(i) subject to clause (ii), the sum
of—
‘‘(I) the amount determined for
Puerto Rico under subparagraph (A);
and
‘‘(II) the amount equal to 10 per-
cent of such amount determined for
Puerto Rico under subparagraph (A);
or
‘‘(ii) if the amount determined for
Puerto Rico under clause (i) is greater
than the amount determined for Puerto
Rico under paragraph (3), the amount de-
termined for Puerto Rico under paragraph
(3).
‘‘(C) ADJUSTMENT
IN
AMOUNTS
TO
RE-
MAINING
STATES.—If the amount allotted to
Puerto Rico for a fiscal year is determined
under subparagraph (A) or (B)(i), the Sec-
retary shall reallot to the remaining States (as
described in paragraph (3)(A)), on a propor-
tional basis, any amount not otherwise allotted
to Puerto Rico.
‘‘(5) USE
OF
MOST
RECENT
POPULATION
DATA.—For the purpose of providing grants under
this part, the Secretary shall use the most recent
population data and data on children aged 3 to 21,
inclusive, living in poverty that are available and sat-
isfactory to the Secretary.
‘‘(c) USE OF FUNDS BY STATE.—
‘‘(1) RESERVATION FOR STATE ACTIVITIES.—
‘‘(A) IN
GENERAL.—Subject to subpara-
graph (D), a State may reserve not more than
25 percent of the amount allotted to the State
under paragraph (1) or (3) of subsection (b) for
a fiscal year for administration and other State-
level activities in accordance with subpara-
graphs (B) and (C).
‘‘(B) STATE ADMINISTRATION.—
‘‘(i) IN GENERAL.—For the purpose
of administering programs under this part,
including the coordination of activities
under this part with, and providing tech-
nical assistance to, other programs that
provide services to children with disabil-
ities—
‘‘(I) each territory may use up to
3 percent of the amount allotted to
the territory for a fiscal year, or
$35,000, whichever is greater; and
‘‘(II) each remaining State may
use up to 3 percent of the amount al-
Secretary’s action, as provided in section 2112
of title 28, United States Code.
‘‘(C) REVIEW OF FINDINGS OF FACT.—The
findings of fact by the Secretary, if supported
by substantial evidence, shall be conclusive, but
the court, for good cause shown, may remand
the case to the Secretary to take further evi-
dence, and the Secretary may thereupon make
new or modified findings of fact and may mod-
ify the Secretary’s previous action, and shall file
in the court the record of the further proceed-
ings. Such new or modified findings of fact
shall likewise be conclusive if supported by sub-
stantial evidence.
‘‘(D) JURISDICTION
OF
COURT
OF
AP-
PEALS; REVIEW BY UNITED STATES SUPREME
COURT.—Upon the filing of a petition under
subparagraph (B), the United States court of
appeals shall have jurisdiction to affirm the ac-
tion of the Secretary or to set it aside, in whole
or in part. The judgment of the court shall be
subject to review by the Supreme Court of the
United States upon certiorari or certification as
provided in section 1254 of title 28, United
States Code.