I
107TH CONGRESS
2D SESSION
H. R. 4728
To provide assistance to train teachers of children with autism spectrum
disorders, and for other purposes.
IN THE HOUSE OF REPRESENTATIVES
MAY 14, 2002
Mr. SMITH of New Jersey (for himself, Mr. DOYLE, Mr. WELDON of Florida,
Mr. PICKERING, Mr. KING, Mr. MCNULTY, Mrs. MALONEY of New York,
Mr. SHOWS, Mr. LATOURETTE, Mr. LYNCH, Mr. REYES, Mr. WAMP, Mr.
PAYNE, and Mr. RAHALL) introduced the following bill; which was re-
ferred to the Committee on Education and the Workforce, and in addition
to the Committee on Ways and Means, for a period to be subsequently
determined by the Speaker, in each case for consideration of such provi-
sions as fall within the jurisdiction of the committee concerned
A BILL
To provide assistance to train teachers of children with
autism spectrum disorders, 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 ‘‘Teacher Education for
Autistic Children Act of 2002’’ or the ‘‘TEACH Act of
2002’’.
SEC. 2. TRAINING OF SPECIAL EDUCATION TEACHERS
WITH EXPERTISE IN AUTISM SPECTRUM DIS-
ORDERS.
(a) AUTHORIZATION OF APPROPRIATIONS.—In addi-
tion to such sums as are otherwise authorized to be appro-
priated for ‘‘Special Education–Personnel Preparation to
Improve Services and Results for Children with Disabil-
ities’’, there are authorized to be appropriated for ‘‘Special
Education–Personnel Preparation to Improve Services and
Results for Children with Disabilities’’, for each of the fis-
cal year 2003 through 2007, $15,000,000—
(1) to provide technical assistance grants to de-
velop standards for training teachers with respect to
the provision of education for children with autism
spectrum disorders (ASD) and to integrate such
standards into the existing training infrastructure;
(2) to train special education teachers with an
expertise in autism spectrum disorders; and
(3) to provide preservice or professional devel-
opment training of personnel to be special education
teachers, aides of such teachers or other paraprofes-
sionals providing teaching assistance, special edu-
cation administrators, or staff specialists (such as
speech-language pathologists and school psycholo-
gists) with an expertise in autism spectrum dis-
orders.
(b) AVAILABILITY.—Amounts appropriated pursuant
to the authorization of appropriations under subsection (a)
are authorized to remain available until expended.
SEC. 3. IMPROVING RESULTS FOR CHILDREN WITH AUTISM
SPECTRUM DISORDERS.
(a) AUTHORIZATION OF APPROPRIATIONS.—In addi-
tion to such sums as are otherwise authorized to be appro-
priated to carry out subpart 1 of part D of the Individuals
with Disabilities Education Act, there are authorized to
be appropriated for each of the fiscal years 2003 through
2007 $5,000,000 for competitive grants under subpart 1
of part D of such Act to assist State educational agencies,
in cooperation with other appropriate entities, to improve
results for children with autism spectrum disorders
(ASD).
(b) AVAILABILITY.—Amounts appropriated pursuant
to the authorization of appropriations under subsection (a)
are authorized to remain available until expended.
SEC. 4. REFUNDABLE TAX CREDIT FOR EDUCATION AND
TRAINING RELATING TO AUTISM SPECTRUM
DISORDERS.
(a) IN GENERAL.—Subpart C of part IV of sub-
chapter A of chapter 1 of the Internal Revenue Code of
1986 (relating to refundable credits) is amended by redes-
ignating section 35 as section 36 and by inserting after
section 34 following new section:
‘‘SEC. 35. EDUCATION AND TRAINING RELATING TO AUTISM
SPECTRUM DISORDERS.
‘‘(a) ALLOWANCE OF CREDIT.—In the case of an eli-
gible individual, there shall be allowed as a credit against
the tax imposed by this chapter for the taxable year an
amount equal to the qualified expenses which are paid or
incurred by the taxpayer during such taxable year.
‘‘(b) LIMITATION.—The amount allowed as a credit
under subsection (a) for a taxable year shall not exceed
$10,000.
‘‘(c) QUALIFIED EXPENSES.—The term ‘qualified ex-
penses’ means—
‘‘(1) tuition, fees, books, supplies, and equip-
ment required for the enrollment or attendance of
such individual in a course or program of study to
prepare such individual to teach children or adults
with an autism spectrum disorder, and
‘‘(2) interest on a qualified education loan (as
defined by section 221(d)(1) the proceeds of which
are used to for expenses described in paragraph (1).
‘‘(d) AUTISM SPECTRUM DISORDERS.—For purposes
of this section, the term ‘autism spectrum disorders’ has
the meaning given such term in section 9 of the Teacher
Education for Autistic Children Act of 2002.
‘‘(e) SPECIAL RULES.—
‘‘(1) APPROVAL OF COURSES AND PROGRAMS
OF STUDY.—A course or program of study shall not
be taken into account for purposes of subsection (c)
unless such course or program is approved by the
State in which such course or program is offered.
‘‘(2) DENIAL OF DOUBLE BENEFIT.—No credit
or deduction shall be allowed under this chapter for
any expense for which credit is allowed under this
section.
‘‘(3) COORDINATION WITH OTHER EDUCATION
PROVISIONS.—The total amount of qualified ex-
penses shall be reduced by the amount of such ex-
penses taken into account in determining any
amount allowed as a credit under section 25A, ex-
cluded under section 135, 529(c)(1), or 530(d)(2),
or deducted under section 222. For purposes of the
preceding sentence, the amount taken into account
in determining the amount excluded under section
529(c)(1) shall not include that portion of the dis-
tribution which represents a return of any contribu-
tions to the plan.
‘‘(f) TERMINATION.—This section shall not apply to
taxable years beginning after December 31, 2007.’’.
(b) TECHNICAL AMENDMENT.—Paragraph (2) of
section 1324(b) of title 31, United States Code, is amend-
ed by inserting ‘‘or from section 35 of such Code’’ before
the period at the end.
(c) CLERICAL AMENDMENT.—The table of sections
for subpart C of part IV of subchapter A of chapter 1
of the Internal Revenue Code of 1986 is amended by strik-
ing the last item and inserting the following:
‘‘Sec. 35. Education and training relating to autism spectrum dis-
orders.
‘‘Sec. 36. Overpayments of tax.’’.
(d) EFFECTIVE DATE.—The amendments made by
this section shall apply to taxable years beginning after
December 31, 2002.
SEC. 5. REPORT ON AUTISM EARLY INTERVENTION ACTIVI-
TIES.
(a) REPORT.—Section 613 of the Individuals with
Disabilities Education Act (20 U.S.C. 1413) is amended
by adding at the end the following:
‘‘(k) REPORT ON AUTISM EARLY INTERVENTION AC-
TIVITIES.—
‘‘(1) IN GENERAL.—A local educational agency
that receives assistance under this part for a fiscal
year shall prepare and submit to the Secretary a re-
port that contains a description of the activities re-
ferred to in paragraph (2) carried out in the pre-
ceding fiscal year.
‘‘(2) INFORMATION.—The activities referred to
in this paragraph are the following:
‘‘(A) Activities carried out by the agency to
ensure that students who exhibit symptoms of
autism spectrum disorders (ASD) are referred
to appropriate experts for diagnosis.
‘‘(B) Appropriate training provided by the
agency, or on behalf of the agency, of personnel
of the agency and schools of the agency to carry
out the activities described in subparagraph
(A).
‘‘(3) DEFINITION.—In this subsection, the term
‘autism spectrum disorders’ has the meaning given
the term in section 9 of the Teacher Education for
Autistic Children Act of 2002.’’.
(b) TECHNICAL
ASSISTANCE.—The Secretary of
Education shall provide technical assistance to local edu-
cational agencies that receive assistance under part B of
the Individuals with Disabilities Education Act to assist
such agencies comply with the reporting requirement
under section 613(k) of such Act (as added by subsection
(a)).
SEC. 6. TASK FORCE ON AUTISM SPECTRUM DISORDERS.
(a) ESTABLISHMENT.—The Secretary of Education,
acting through the Assistant Secretary for Special Edu-
cation and Rehabilitative Services, shall establish and pro-
vide administrative support for a Task Force on Autism
Spectrum Disorders (ASD) (in this section referred to as
the ‘‘Task Force’’).
(b) DUTIES.—The Task Force shall—
(1) conduct a review of minimum standards re-
lating to the provision of special education for chil-
dren with autism spectrum disorders and provide
recommendations to improve or otherwise strengthen
such standards;
(2) conduct a review of the effectiveness of ex-
isting educational models used with respect to the
provision of special education for children with au-
tism spectrum disorders; and
(3) conduct an evaluation of programs carried
out by State and local educational agencies to train
teachers with respect to the provision of special edu-
cation for children with autism spectrum disorders
and provide recommendations to improve and ex-
pand such programs.
(c) COMPOSITION.—
(1) IN GENERAL.—The Secretary of Education,
acting through the Assistant Secretary for Special
Education and Rehabilitative Services and in con-
sultation with the Director of the National Research
Council (or the Director’s designee), shall appoint
members of the Task Force as follows:
(A) Not less than two members shall be
representatives from national autism organiza-
tions.
(B) Not less than one member shall be an
individual with an autism spectrum disorder or
a parent (or legal guardian) of such an indi-
vidual.
(C) Not less than two members shall be
representatives from academia or professionals
with experience in working with children with
autism.
(D) Not less than two members shall be
appropriate officers or employees of the Depart-
ment of Education.
(E) Not less than two members shall be
appropriate officers or employees of the Depart-
ment of Health and Human Services (to be ap-
pointed in consultation with the Secretary of
Health and Human Services).
(2) COMPENSATION.—
(A) RATES OF PAY.—Except as provided
in subparagraph (B), members of the Task
Force shall be paid at the maximum rate of
basic pay for GS–14 of the General Schedule
for each day during which they are engaged in
the actual performance of duties of the Task
Force.
(B) PROHIBITION OF COMPENSATION OF
FEDERAL EMPLOYEES.—Members of the Task
Force who are full-time officers or employees of
the United States may not receive additional
pay, allowances, or benefits by reason of their
service on the Task Force.
(C) TRAVEL EXPENSES.—Each member of
the Task Force shall receive travel expenses, in-
cluding per diem in lieu of subsistence, in ac-
cordance with applicable provisions under sub-
chapter I of chapter 57 of title 5, United States
Code.
(d) REPORT.—Not later than one year after the date
of the enactment of this Act, and annually thereafter for
each of the subsequent four calendar years, the Task
Force shall prepare and submit to the Secretary of Edu-
cation a report that contains the results of the reviews
and evaluations conducted pursuant to subsection (b) and
a description of the recommendations proposed pursuant
to such subsection.
(e) AUTHORIZATION OF APPROPRIATIONS.—
(1) IN GENERAL.—There are authorized to be
appropriated to carry out this section $500,000 for
fiscal years 2003 through 2007.
(2) AVAILABILITY.—Amounts appropriated pur-
suant to the authorization of appropriations under
paragraph (1) are authorized to remain available
until expended.
SEC. 7. STUDY AND REPORT ON FEDERAL VOCATIONAL
TRAINING PROGRAMS.
(a) STUDY.—The Secretary of Education, in conjunc-
tion with the Secretary of Labor (hereinafter in this sec-
tion referred to as the ‘‘Secretaries’’), shall conduct a
study on the effectiveness of Federal vocational training
programs in providing appropriate assistance to individ-
uals with autism spectrum disorders (ASD)
(b) REPORT.—Not later than 18 months after the
date of the enactment of this Act, the Secretaries shall
submit to Congress a report that contains the following:
(1) The results of the study conducted under
subsection (a).
(2) Administrative and legislative recommenda-
tions to improve the effectiveness of Federal voca-
tional training programs in providing appropriate as-
sistance to individuals with autism spectrum dis-
orders.
(3) Recommendations on appropriate data that
should be collected, maintained, and disseminated in
order to better monitor the effectiveness of each vo-
cational training program that serves individuals
with autism spectrum disorders.
SEC. 8. STATE AUTISM OMBUDSMAN OFFICES.
(a) GRANTS
TO STATES.—Of the amount appro-
priated pursuant to the authorization of appropriations
under subsection (d) for a fiscal year, the Secretary of
Education shall provide grants to each State that meets
the requirements of subsection (b) for the purpose of car-
rying out this section.
(b) STATE REQUIREMENTS.—A State meets the re-
quirements of this subsection if it establishes and operates
(including through the use of funds provided under a
grant under subsection (a)) at least one State autism om-
budsman office in accordance with this section. The office
shall be headed by an individual who shall be selected from
among individuals who are members of, or approved by,
national, non-profit organizations, including their State
and local affiliate organizations, dedicated to addressing,
by whatever means, the needs of individuals with autism
spectrum disorders or their families or legal guardians.
(c) DUTIES OF OFFICE.—
(1) IN GENERAL.—A State autism ombudsman
office established in accordance with subsection (b)
shall serve individuals with autism spectrum dis-
orders and their families or guardians as a resource
to assist with legal, educational, and family support
systems issues, including by advising families or
guardians on the process of the individualized edu-
cation program, interpreting school communications
regarding a child who exhibits autistic behavior, pro-
posing alternatives to those proposed by the IEP
team, and otherwise mediating between families or
guardians of a child with an autism spectrum dis-
order and officials of local or State public school sys-
tems, agencies, or boards.
(2) DEFINITION.—In this subsection, the term
‘‘individualized education program’’ or ‘‘IEP’’ means
a written statement for a child with a disability that
is developed, reviewed, and revised in accordance
with section 614(d) of the Individuals with Disabil-
ities Education Act.
(d) REQUIREMENTS.—A State autism ombudsman
office established in accordance with subsection (b) shall—