I
103D CONGRESS
2D SESSION
H. R. 4928
To amend the Individuals with Disabilities Education Act to improve the
individualized education program, to increase parental participation in
the development of and improving information about the special education
program, to provide for the establishment of mediation procedures relat-
ing to services provided to children under that Act, and for other
purposes.
IN THE HOUSE OF REPRESENTATIVES
AUGUST 10, 1994
Mr. BALLENGER (for himself, Mr. GOODLING, Mr. FAWELL, and Mr.
BARRETT of Nebraska) introduced the following bill; which was referred
to the Committee on Education and Labor
A BILL
To amend the Individuals with Disabilities Education Act
to improve the individualized education program, to in-
crease parental participation in the development of and
improving information about the special education pro-
gram, to provide for the establishment of mediation pro-
cedures relating to services provided to children under
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 1994’’.
SEC. 2. AMENDMENTS TO INDIVIDUALIZED EDUCATION
PROGRAM TO INCREASE ACHIEVEMENT OF
ANNUAL GOALS UNDER THE PROGRAM.
(a) AMENDMENTS TO DEFINITION OF INDIVIDUAL-
IZED EDUCATION PROGRAM.—Section 602(a)(20) of the
Individuals with Disabilities Education Act (20 U.S.C.
1401(a)(20)) is amended—
(1) in subparagraph (A), by inserting before the
comma at the end the following: ‘‘, or, where appro-
priate, a statement of the present levels of edu-
cational performance of such child in the general
educational program established for nondisabled
children’’;
(2) in subparagraph (B), by inserting before
the comma at the end the following: ‘‘, and, where
appropriate, a statement of the annual goals de-
signed to help the child succeed in the general edu-
cational program established for nondisabled chil-
dren’’;
(3) in subparagraph (E), by striking the ‘‘and’’
at the end;
(4) in subparagraph (F)—
(A) by striking ‘‘instructional objectives’’
and inserting ‘‘the annual goals described in
subparagraph (B)’’; and
(B) by striking the period at the end and
inserting a comma; and
(5) by adding at the end the following new sub-
paragraph:
‘‘(G) a description of how the services des-
ignated under the previous individualized edu-
cation program of the child have been modified
if, according to the criteria and procedures des-
ignated in subparagraph (F), the previous an-
nual goals described in subparagraph (B) were
not substantially achieved.’’.
(b) REVISION OF INDIVIDUALIZED EDUCATION PRO-
GRAM FOR FAILURE TO SUBSTANTIALLY ACHIEVE AN-
NUAL GOALS.—Section 614(a)(5) of such Act (20 U.S.C.
1414(a)(5)) is amended by adding at the end before the
semicolon the following: ‘‘, except that the local edu-
cational agency or intermediate educational unit shall,
with respect to each child with a disability who has failed
to substantially achieve the annual goals of the individual-
ized education program for the prior school year, revise
the provisions of such program for such child accordingly
at the beginning of the next school year’’.
SEC. 3. INCREASING PARENTAL PARTICIPATION IN THE DE-
VELOPMENT OF AND IMPROVING INFORMA-
TION ABOUT THE SPECIAL EDUCATION PRO-
GRAM.
(a) INCREASING PARTICIPATION BY PARENTS.—Sec-
tion 615(b)(1)(A) of the Individuals with Disabilities Edu-
cation Act (20 U.S.C. 1415(b)(1)(A)) is amended by in-
serting ‘‘and to participate in meetings’’ after ‘‘to examine
all relevant records’’.
(b) IMPROVING COMMUNICATION WITH PARENTS.—
Section 
615(b)(1)(C) 
of 
such 
Act 
(20 
U.S.C.
1415(b)(1)(C)) is amended by inserting ‘‘, with clearly
written explanations of relevant terminology,’’ after ‘‘writ-
ten prior notice’’.
(c) PUBLICATION
OF PROCEDURAL SAFEGUARDS
UNDER ACT.—Section 617 of such Act (20 U.S.C. 1417)
is amended by adding at the end the following new sub-
section:
‘‘(e) In carrying out the Secretary’s duties under this
part, the Secretary shall—
‘‘(1) not later than 6 months after the date of
the enactment of this subsection, produce a publica-
tion that—
‘‘(A) clearly describes the procedural safe-
guards available to children with disabilities
and the parents or guardians of such children
under this part;
‘‘(B) includes the steps such children and
parents or guardians should take to avail them-
selves of such safeguards; and
‘‘(C) includes a description of the proce-
dures relating to eligibility, initial evaluation,
development of the individualized education pro-
gram or the individualized family services pro-
gram, and educational placement, and the re-
sponsibilities of States and local educational
agencies in carrying out the requirements of the
Act; and
(2) make such publication available in various
forms, including electronic form, to appropriate Fed-
eral and State agencies and the general public.’’.
SEC. 4. ESTABLISHMENT OF MEDIATION PROCEDURES
UNDER THE SPECIAL EDUCATION PROGRAM
AND THE EARLY INTERVENTION SERVICES
PROGRAM FOR INFANTS AND TODDLERS
WITH DISABILITIES.
(a) MEDIATION UNDER PART B.—
(1) 
STATE
PLAN
REQUIREMENT.—Section
613(a) of the Individuals with Disabilities Education
Act (20 U.S.C. 1413(a)) is amended—
(A) in paragraph (14), by striking at the
end ‘‘; and’’ and inserting a semicolon;
(B) in paragraph (15), by striking the pe-
riod at the end and inserting ‘‘; and’’; and
(C) by adding at the end the following new
paragraph:
‘‘(16) provide for procedures that will allow
parties to disputes involving the provision of free ap-
propriate public education to children with disabil-
ities by any State educational agency, local edu-
cational agency, or intermediate educational unit
which receives assistance under this part to resolve
such disputes through mediation in accordance with
section 615(f).’’.
(2) 
PROCEDURAL
SAFEGUARD
REQUIRE-
MENT.—Section 615 of such Act (20 U.S.C. 1415)
is amended—
(A) in subsection (a), by striking ‘‘sub-
section (e)’’ and inserting ‘‘subsection (f);
(B) by redesignating subsection (f) as sub-
section (g); and
(C) by inserting after subsection (e) the
following new subsection:
‘‘(f)(1) The procedures required by this subsection
shall allow parties to disputes involving the provision of
free appropriate public education to children with disabil-
ities by any State educational agency, local educational
agency, or intermediate educational unit which receives as-
sistance under this part to resolve such disputes through
mediation.
‘‘(2) Such procedures shall meet the following re-
quirements:
‘‘(A) The procedures shall ensure that the me-
diation process—
‘‘(i) is voluntary and may be waived by any
party to the dispute at any time during such
process; and
‘‘(ii) is not used to deny or delay access by
a parent or guardian to due process hearings
under this section.
‘‘(B) The State shall maintain a list of individ-
uals experienced in mediation and knowledgeable in
laws and regulations relating to the provision of spe-
cial education and related services.
‘‘(C) The State shall bear the cost of the medi-
ator in the mediation process.
‘‘(D) Each session in the mediation process
shall be scheduled in a timely manner and shall be
held in a location that is convenient to the parties
to the dispute.
‘‘(E) An agreement reached by the parties to
the dispute in the mediation process shall be set
forth in a written mediation agreement.
‘‘(F) Discussions that occur during the medi-
ation process shall be confidential and may not be
used as evidence in any subsequent due process
hearings, and the parties to the mediation process
may be required to sign a confidentiality pledge
prior to the commencement of such process.’’.
(b) REGIONAL RESOURCE CENTER REQUIREMENT.—
Section 621(a) of such Act (20 U.S.C. 1421(a)) is amend-
ed—
(1) in paragraph (4), by striking at the end ‘‘,
and’’ and inserting a comma;
(2) in paragraph (5), by striking the period at
the end and inserting ‘‘, and’’; and
(3) by adding at the end the following new
paragraph:
‘‘(6) provide information to and training for
agencies, institutions, organizations, and parents re-
lating to techniques and approaches for informal dis-
pute resolution, including mediation.’’.
(c) PARENT TRAINING
AND INFORMATION PRO-
GRAMS.—Section 631(e)(5) of such Act (20 U.S.C.
1431(e)(5)) is amended—
(1) in subparagraph (E), by striking at the end
‘‘, and’’ and inserting a comma;
(2) in subparagraph (F), by striking the period
at the end and inserting ‘‘, and’’; and
(3) by adding at the end the following new sub-
paragraph:
‘‘(G) understand the use of mediation as a
means of resolving disputes relating to the provision
of special education and related services.’’.
(d) MEDIATION UNDER PART H.—
(1) STATE APPLICATION REQUIREMENT.—Sec-
tion 678(a) of such Act (20 U.S.C. 1478(a)) is
amended—
(A) in paragraph (8), by striking at the
end ‘‘, and’’ and inserting a comma;
(B) by redesignating paragraph (9) as
paragraph (10); and
(C) by inserting after paragraph (8) the
following new paragraph:
‘‘(9) a description of the procedures that will
allow parties to disputes involving the provision of
early intervention services for infants and toddlers
with disabilities under this part to resolve such dis-
putes through mediation in accordance with the pro-
cedural safeguards contained in section 615(f).’’.
(2) 
PROCEDURAL
SAFEGUARD
REQUIRE-
MENT.—Section 680 of such Act (20 U.S.C. 1480)
is amended by adding at the end the following new
paragraph:
‘‘(9) Procedures that will allow parties to dis-
putes involving the provision of early intervention
services for infants and toddlers with disabilities
under this part to resolve such disputes through me-
diation in accordance with the procedural safeguards
contained in section 615(f).’’.
SEC. 5. COORDINATION OF SERVICES UNDER THE SPECIAL
EDUCATION PROGRAM.
(a) INTERAGENCY AGREEMENTS.—
(1) IN GENERAL.—Section 612 of the Individ-
uals with Disabilities Education Act (20 U.S.C.
1412) is amended by adding at the end the follow-
ing:
‘‘(8) The State education agency and other ap-
propriate State and local agencies have entered into
interagency agreements in accordance with section
613(a)(13).’’.
(2) EFFECTIVE DATE.—The amendment made
by paragraph (1) shall take effect on October 1,
1996.
(b) COORDINATION
WITH
EVEN
START, HEAD
START, AND RELATED PROGRAMS.—
(1) IN GENERAL.—Section 614(a)(1) of such
Act (20 U.S.C. 1414(a)(1)) is amended—
(A) in subparagraph (D), by striking ‘‘;
and’’ and inserting a semicolon;
(B) in subparagraph (E), by striking the
semicolon and inserting ‘‘; and’’; and
(C) by adding at the end the following new
subparagraph:
‘‘(F) provide for coordination of such pro-
grams, where appropriate to strengthen the
ability of parents or guardians of children with
disabilities to address the needs related to such
disabilities, with the Even Start program au-
thorized under part B of chapter 1 of title I of
the Elementary and Secondary Education Act
of 1965 (20 U.S.C. 2741 et seq.), the Head
Start program authorized under the Head Start
Act (42 U.S.C. 9831 et seq.), and other pro-
grams that provide family literacy services or
other services in which parents or guardians of
children with disabilities are eligible to partici-
pate;’’.
(2) DEFINITION
OF
FAMILY
LITERACY
SERV-
ICES.—Section 602(a) of such Act (20 U.S.C.
1401(a)) is amended by adding at the end the fol-
lowing new paragraph:
‘‘(28) The term ‘family literacy services’ has the
meaning given such term in section 637(4) of the
Head Start Act (42 U.S.C. 9832(4)).’’.
SEC. 6. REQUIREMENT OF GOOD FAITH ATTEMPT TO RE-
SOLVE CONTROVERSIES FOR REIMBURSE-
MENT OF ATTORNEY’S FEES.
Section 615(e)(4)(F) of the Individuals with Disabil-
ities Education Act (20 U.S.C. 1415(e)(4)(F)) is amend-
ed—
(1) in clause (ii), by striking ‘‘; or’’ and insert-
ing a semicolon;
(2) in clause (iii), by striking the period at the
end and inserting ‘‘; or’’; and
(3) by adding at the end the following:
‘‘(iv) the parent or guardian did not exercise
good faith in attempting to resolve the controversy
prior to filing a complaint and requesting an impar-
tial due process hearing under this section.’’.
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