I 
108TH CONGRESS 
1ST SESSION H. R. 1237
To amend part C of the Individuals with Disabilities Education Act to 
improve early intervention programs for infants and toddlers with disabil-
ities, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
MARCH 12, 2003
Mr. KENNEDY of Rhode Island introduced the following bill; which was 
referred to the Committee on Education and the Workforce 
A BILL 
To amend part C of the Individuals with Disabilities Edu-
cation Act to improve early intervention programs for 
infants and toddlers with disabilities, and for other pur-
poses.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE; REFERENCES. 
(a) SHORT TITLE.—This Act may be cited as the 
‘‘Early Intervention Improvement Act’’. 
(b) REFERENCES.—Except as otherwise provided, 
whenever in this Act an amendment or repeal is expressed 
in terms of an amendment to, or repeal of, a title, chapter,
part, subpart, section, subsection, or other provision, the 
reference shall be considered to be made to a title, chapter, 
part, subpart, section, subsection, or other provisions of 
the Individuals with Disabilities Education Act (20 U.S.C. 
1400 et seq.). 
SEC. 2. INCENTIVE GRANTS TO REWARD STATES MEETING 
PERFORMANCE OBJECTIVES. 
Section 643 (20 U.S.C. 1443) is amended—
(1) in subsection (c), by striking ‘‘subsections 
(a) and (b)’’ and inserting ‘‘subsections (a) through 
(c)’’; 
(2) in subsection (d), by striking ‘‘(c),’’ and in-
serting ‘‘(d),’’; 
(3) by redesignating subsections (c) and (d) as 
subsections (d) and (e), respectively; and 
(4) by inserting after subsection (b) the fol-
lowing: 
‘‘(c) INCENTIVE
GRANTS
TO
REWARD
STATES 
MEETING PERFORMANCE OBJECTIVES.—
‘‘(1) RESERVATION OF FUNDS.—From the sum 
appropriated to carry out this part for fiscal year 
2005 and subsequent fiscal years, the Secretary 
shall reserve the following amounts for the purpose 
of making grants under this subsection: 
‘‘(A) For fiscal year 2005, the lesser of—
‘‘(i) the amount (if any) by which the 
sum appropriated to carry out this part for 
fiscal year 2005 exceeds the sum appro-
priated to carry out this part for fiscal 
year 2004; and 
‘‘(ii) 3 percent of the sum appro-
priated to carry out this part for fiscal 
year 2005. 
‘‘(B) For fiscal year 2006, the lesser of—
‘‘(i) the amount (if any) by which the 
sum appropriated to carry out this part for 
fiscal year 2006 exceeds the sum appro-
priated to carry out this part for fiscal 
year 2004; and 
‘‘(ii) 4 percent of the sum appro-
priated to carry out this part for fiscal 
year 2006. 
‘‘(C) For fiscal year 2007, the lesser of—
‘‘(i) the amount (if any) by which the 
sum appropriated to carry out this part for 
fiscal year 2007 exceeds the sum appro-
priated to carry out this part for fiscal 
year 2004; and
‘‘(ii) 5 percent of the sum appro-
priated to carry out this part for fiscal 
year 2007. 
‘‘(D) For fiscal year 2008 and subsequent 
fiscal years, the lesser of—
‘‘(i) the amount (if any) by which the 
sum appropriated to carry out this part for 
the fiscal year concerned exceeds the sum 
appropriated to carry out this part for fis-
cal year 2004; and 
‘‘(ii) 6 percent of the sum appro-
priated to carry out this part for the fiscal 
year concerned. 
‘‘(2) QUALITY INCENTIVE GRANTS.—
‘‘(A) IN
GENERAL.—The Secretary shall 
use 75 percent of the amount reserved under 
paragraph (1) to make grants to States that 
operate high-quality programs under this part, 
as determined by performance objectives devel-
oped by the Secretary for this purpose. 
‘‘(B) 
STATE
PERFORMANCE
OBJEC-
TIVES.—Such performance objectives shall be 
based on the part C focused monitoring bench-
marks developed through the Secretary’s Con-
tinuing Improvement Monitoring Process and 
shall include the following: 
‘‘(i) A performance objective based on 
the percentage of children under the age of 
3 residing in the State who are served by 
a program under this part. 
‘‘(ii) A performance objective based on 
the percentage of children under the age of 
1 residing in the State who are served by 
a program under this part or the number 
of children served by this program who are 
enrolled before their 1st birthday. 
‘‘(iii) A performance objective to 
measure the percentage of infants and tod-
dlers with an individualized family service 
plan described in section 636 who dem-
onstrate improved functional abilities. 
‘‘(iv) A performance objective to 
measure the percentage of children making 
a successful transition to the preschool 
program under section 619 or other appro-
priate programs. 
‘‘(3) GRANTS TO SERVE AT-RISK INFANTS AND 
TODDLERS.—