H. R. 5—39
‘‘(A) serves children with disabilities attending those
schools in the same manner as it serves children with
disabilities in its other schools; and
‘‘(B) provides funds under this part to those schools
in the same manner as it provides those funds to its other
schools.
‘‘(6) INFORMATION FOR STATE EDUCATIONAL AGENCY.—The
local educational agency shall provide the State educational
agency with information necessary to enable the State
educational agency to carry out its duties under this part,
including, with respect to paragraphs (16) and (17) of section
612(a), information relating to the performance of children with
disabilities participating in programs carried out under this
part.
‘‘(7) PUBLIC INFORMATION.—The local educational agency
shall make available to parents of children with disabilities
and to the general public all documents relating to the eligibility
of such agency under this part.
‘‘(b) EXCEPTION FOR PRIOR LOCAL PLANS.—
‘‘(1) IN GENERAL.—If a local educational agency or State
agency has on file with the State educational agency policies
and procedures that demonstrate that such local educational
agency, or such State agency, as the case may be, meets any
requirement of subsection (a), including any policies and proce-
dures filed under this part as in effect before the effective
date of the Individuals with Disabilities Education Act Amend-
ments of 1997, the State educational agency shall consider
such local educational agency or State agency, as the case
may be, to have met such requirement for purposes of receiving
assistance under this part.
‘‘(2) MODIFICATION MADE BY LOCAL EDUCATIONAL AGENCY.—
Subject to paragraph (3), an application submitted by a local
educational agency in accordance with this section shall remain
in effect until it submits to the State educational agency such
modifications as the local educational agency deems necessary.
‘‘(3) MODIFICATIONS
REQUIRED
BY
STATE
EDUCATIONAL
AGENCY.—If, after the effective date of the Individuals with
Disabilities Education Act Amendments of 1997, the provisions
of this Act are amended (or the regulations developed to carry
out this Act are amended), or there is a new interpretation
of this Act by Federal or State courts, or there is an official
finding of noncompliance with Federal or State law or regula-
tions, the State educational agency may require a local
educational agency to modify its application only to the extent
necessary to ensure the local educational agency’s compliance
with this part or State law.
‘‘(c) NOTIFICATION OF LOCAL EDUCATIONAL AGENCY OR STATE
AGENCY IN CASE OF INELIGIBILITY.—If the State educational agency
determines that a local educational agency or State agency is not
eligible under this section, the State educational agency shall notify
the local educational agency or State agency, as the case may
be, of that determination and shall provide such local educational
agency or State agency with reasonable notice and an opportunity
for a hearing.
‘‘(d) LOCAL EDUCATIONAL AGENCY COMPLIANCE.—
‘‘(1) IN GENERAL.—If the State educational agency, after
reasonable notice and an opportunity for a hearing, finds that
H. R. 5—40
a local educational agency or State agency that has been deter-
mined to be eligible under this section is failing to comply
with any requirement described in subsection (a), the State
educational agency shall reduce or shall not provide any further
payments to the local educational agency or State agency until
the State educational agency is satisfied that the local
educational agency or State agency, as the case may be, is
complying with that requirement.
‘‘(2) ADDITIONAL REQUIREMENT.—Any State agency or local
educational agency in receipt of a notice described in paragraph
(1) shall, by means of public notice, take such measures as
may be necessary to bring the pendency of an action pursuant
to this subsection to the attention of the public within the
jurisdiction of such agency.
‘‘(3) CONSIDERATION.—In carrying out its responsibilities
under paragraph (1), the State educational agency shall con-
sider any decision made in a hearing held under section 615
that is adverse to the local educational agency or State agency
involved in that decision.
‘‘(e) JOINT ESTABLISHMENT OF ELIGIBILITY.—
‘‘(1) JOINT ESTABLISHMENT.—
‘‘(A) IN
GENERAL.—A State educational agency may
require a local educational agency to establish its eligibility
jointly with another local educational agency if the State
educational agency determines that the local educational
agency would be ineligible under this section because the
local educational agency would not be able to establish
and maintain programs of sufficient size and scope to effec-
tively meet the needs of children with disabilities.
‘‘(B) CHARTER SCHOOL EXCEPTION.—A State educational
agency may not require a charter school that is a local
educational agency to jointly establish its eligibility under
subparagraph (A) unless it is explicitly permitted to do
so under the State’s charter school statute.
‘‘(2) AMOUNT OF PAYMENTS.—If a State educational agency
requires the joint establishment of eligibility under paragraph
(1), the total amount of funds made available to the affected
local educational agencies shall be equal to the sum of the
payments that each such local educational agency would have
received under section 611(g) if such agencies were eligible
for such payments.
‘‘(3) REQUIREMENTS.—Local educational agencies that
establish joint eligibility under this subsection shall—
‘‘(A) adopt policies and procedures that are consistent
with the State’s policies and procedures under section
612(a); and
‘‘(B) be jointly responsible for implementing programs
that receive assistance under this part.
‘‘(4) REQUIREMENTS FOR EDUCATIONAL SERVICE AGENCIES.—
‘‘(A) IN
GENERAL.—If an educational service agency
is required by State law to carry out programs under
this part, the joint responsibilities given to local educational
agencies under this subsection shall—
‘‘(i) not apply to the administration and disburse-
ment of any payments received by that educational
service agency; and
H. R. 5—41
‘‘(ii) be carried out only by that educational service
agency.
‘‘(B) ADDITIONAL REQUIREMENT.—Notwithstanding any
other provision of this subsection, an educational service
agency shall provide for the education of children with
disabilities in the least restrictive environment, as required
by section 612(a)(5).
‘‘(f ) COORDINATED SERVICES SYSTEM.—
‘‘(1) IN GENERAL.—A local educational agency may not use
more than 5 percent of the amount such agency receives under
this part for any fiscal year, in combination with other amounts
(which shall include amounts other than education funds), to
develop and implement a coordinated services system designed
to improve results for children and families, including children
with disabilities and their families.
‘‘(2) ACTIVITIES.—In implementing a coordinated services
system under this subsection, a local educational agency may
carry out activities that include—
‘‘(A) improving the effectiveness and efficiency of serv-
ice delivery, including developing strategies that promote
accountability for results;
‘‘(B) service coordination and case management that
facilitates the linkage of individualized education programs
under this part and individualized family service plans
under part C with individualized service plans under mul-
tiple Federal and State programs, such as title I of the
Rehabilitation Act of 1973 (vocational rehabilitation), title
XIX of the Social Security Act (Medicaid), and title XVI
of the Social Security Act (supplemental security income);
‘‘(C) developing and implementing interagency financ-
ing strategies for the provision of education, health, mental
health, and social services, including transition services
and related services under this Act; and
‘‘(D) interagency personnel development for individuals
working on coordinated services.
‘‘(3) 
COORDINATION
WITH
CERTAIN
PROJECTS
UNDER
ELEMENTARY
AND
SECONDARY
EDUCATION
ACT
OF
1965.—If a
local educational agency is carrying out a coordinated services
project under title XI of the Elementary and Secondary Edu-
cation Act of 1965 and a coordinated services project under
this part in the same schools, such agency shall use amounts
under this subsection in accordance with the requirements
of that title.
‘‘(g) SCHOOL-BASED IMPROVEMENT PLAN.—
‘‘(1) IN GENERAL.—Each local educational agency may, in
accordance with paragraph (2), use funds made available under
this part to permit a public school within the jurisdiction of
the local educational agency to design, implement, and evaluate
a school-based improvement plan that is consistent with the
purposes described in section 651(b) and that is designed to
improve educational and transitional results for all children
with disabilities and, as appropriate, for other children consist-
ent with subparagraphs (A) and (B) of subsection (a)(4) in
that public school.
‘‘(2) AUTHORITY.—
‘‘(A) IN
GENERAL.—A State educational agency may
grant authority to a local educational agency to permit
H. R. 5—42
a public school described in paragraph (1) (through a school-
based standing panel established under paragraph (4)(B))
to design, implement, and evaluate a school-based improve-
ment plan described in paragraph (1) for a period not
to exceed 3 years.
‘‘(B) RESPONSIBILITY OF LOCAL EDUCATIONAL AGENCY.—
If a State educational agency grants the authority described
in subparagraph (A), a local educational agency that is
granted such authority shall have the sole responsibility
of oversight of all activities relating to the design,
implementation, and evaluation of any school-based
improvement plan that a public school is permitted to
design under this subsection.
‘‘(3) PLAN
REQUIREMENTS.—A school-based improvement
plan described in paragraph (1) shall—
‘‘(A) be designed to be consistent with the purposes
described in section 651(b) and to improve educational and
transitional results for all children with disabilities and,
as appropriate, for other children consistent with subpara-
graphs (A) and (B) of subsection (a)(4), who attend the
school for which the plan is designed and implemented;
‘‘(B) be designed, evaluated, and, as appropriate, imple-
mented by a school-based standing panel established in
accordance with paragraph (4)(B);
‘‘(C) include goals and measurable indicators to assess
the progress of the public school in meeting such goals;
and
‘‘(D) ensure that all children with disabilities receive
the services described in the individualized education pro-
grams of such children.
‘‘(4) 
RESPONSIBILITIES
OF
THE
LOCAL
EDUCATIONAL
AGENCY.—A local educational agency that is granted authority
under paragraph (2) to permit a public school to design,
implement, and evaluate a school-based improvement plan
shall—
‘‘(A) select each school under the jurisdiction of such
agency that is eligible to design, implement, and evaluate
such a plan;
‘‘(B) require each school selected under subparagraph
(A), in accordance with criteria established by such local
educational agency under subparagraph (C), to establish
a school-based standing panel to carry out the duties
described in paragraph (3)(B);
‘‘(C) establish—
‘‘(i) criteria that shall be used by such local edu-
cational agency in the selection of an eligible school
under subparagraph (A);
‘‘(ii) criteria that shall be used by a public school
selected under subparagraph (A) in the establishment
of a school-based standing panel to carry out the duties
described in paragraph (3)(B) and that shall ensure
that the membership of such panel reflects the diver-
sity of the community in which the public school is
located and includes, at a minimum—
‘‘(I) parents of children with disabilities who
attend such public school, including parents of
H. R. 5—43
children with disabilities from unserved and
underserved populations, as appropriate;
‘‘(II) special education and general education
teachers of such public school;
‘‘(III) special education and general education
administrators, or the designee of such administra-
tors, of such public school; and
‘‘(IV) related services providers who are
responsible for providing services to the children
with disabilities who attend such public school;
and
‘‘(iii) criteria that shall be used by such local edu-
cational agency with respect to the distribution of funds
under this part to carry out this subsection;
‘‘(D) 
disseminate 
the 
criteria 
established 
under
subparagraph (C) to local school district personnel and
local parent organizations within the jurisdiction of such
local educational agency;
‘‘(E) require a public school that desires to design,
implement, and evaluate a school-based improvement plan
to submit an application at such time, in such manner,
and accompanied by such information as such local edu-
cational agency shall reasonably require; and
‘‘(F) establish procedures for approval by such local
educational agency of a school-based improvement plan
designed under this subsection.
‘‘(5) 
LIMITATION.—A 
school-based 
improvement 
plan
described in paragraph (1) may be submitted to a local edu-
cational agency for approval only if a consensus with respect
to any matter relating to the design, implementation, or evalua-
tion of the goals of such plan is reached by the school-based
standing panel that designed such plan.
‘‘(6) ADDITIONAL REQUIREMENTS.—
‘‘(A) PARENTAL
INVOLVEMENT.—In carrying out the
requirements of this subsection, a local educational agency
shall ensure that the parents of children with disabilities
are involved in the design, evaluation, and, where appro-
priate, implementation of school-based improvement plans
in accordance with this subsection.
‘‘(B) PLAN APPROVAL.—A local educational agency may
approve a school-based improvement plan of a public school
within the jurisdiction of such agency for a period of 3
years, if—
‘‘(i) the approval is consistent with the policies,
procedures, and practices established by such local edu-
cational agency and in accordance with this subsection;
and
‘‘(ii) a majority of parents of children who are
members of the school-based standing panel, and a
majority of other members of the school-based standing
panel, that designed such plan agree in writing to
such plan.
‘‘(7) EXTENSION OF PLAN.—If a public school within the
jurisdiction of a local educational agency meets the applicable
requirements and criteria described in paragraphs (3) and (4)
at the expiration of the 3-year approval period described in
H. R. 5—44
paragraph (6)(B), such agency may approve a school-based
improvement plan of such school for an additional 3-year period.
‘‘(h) DIRECT SERVICES BY THE STATE EDUCATIONAL AGENCY.—
‘‘(1) IN GENERAL.—A State educational agency shall use
the payments that would otherwise have been available to
a local educational agency or to a State agency to provide
special education and related services directly to children with
disabilities residing in the area served by that local agency,
or for whom that State agency is responsible, if the State
educational agency determines that the local education agency
or State agency, as the case may be—
‘‘(A) has not provided the information needed to estab-
lish the eligibility of such agency under this section;
‘‘(B) is unable to establish and maintain programs of
free appropriate public education that meet the require-
ments of subsection (a);
‘‘(C) is unable or unwilling to be consolidated with
one or more local educational agencies in order to establish
and maintain such programs; or
‘‘(D) has one or more children with disabilities who
can best be served by a regional or State program or
service-delivery system designed to meet the needs of such
children.
‘‘(2) MANNER AND LOCATION OF EDUCATION AND SERVICES.—
The State educational agency may provide special education
and related services under paragraph (1) in such manner and
at such locations (including regional or State centers) as the
State agency considers appropriate. Such education and services
shall be provided in accordance with this part.
‘‘(i) STATE AGENCY ELIGIBILITY.—Any State agency that desires
to receive a subgrant for any fiscal year under section 611(g) shall
demonstrate to the satisfaction of the State educational agency
that—
‘‘(1) all children with disabilities who are participating
in programs and projects funded under this part receive a
free appropriate public education, and that those children and
their parents are provided all the rights and procedural safe-
guards described in this part; and
‘‘(2) the agency meets such other conditions of this section
as the Secretary determines to be appropriate.
‘‘(j) DISCIPLINARY INFORMATION.—The State may require that
a local educational agency include in the records of a child with
a disability a statement of any current or previous disciplinary
action that has been taken against the child and transmit such
statement to the same extent that such disciplinary information
is included in, and transmitted with, the student records of non-
disabled children. The statement may include a description of any
behavior engaged in by the child that required disciplinary action,
a description of the disciplinary action taken, and any other
information that is relevant to the safety of the child and other
individuals involved with the child. If the State adopts such a
policy, and the child transfers from one school to another, the
transmission of any of the child’s records must include both the
child’s current individualized education program and any such state-
ment of current or previous disciplinary action that has been taken
against the child.
H. R. 5—45
‘‘SEC. 614. EVALUATIONS, ELIGIBILITY DETERMINATIONS, INDIVIDUAL-
IZED 
EDUCATION 
PROGRAMS, 
AND 
EDUCATIONAL
PLACEMENTS.
‘‘(a) EVALUATIONS AND REEVALUATIONS.—
‘‘(1) INITIAL EVALUATIONS.—
‘‘(A) IN GENERAL.—A State educational agency, other
State agency, or local educational agency shall conduct
a full and individual initial evaluation, in accordance with
this paragraph and subsection (b), before the initial provi-
sion of special education and related services to a child
with a disability under this part.
‘‘(B) PROCEDURES.—Such initial evaluation shall con-
sist of procedures—
‘‘(i) to determine whether a child is a child with
a disability (as defined in section 602(3)); and
‘‘(ii) to determine the educational needs of such
child.
‘‘(C) PARENTAL CONSENT.—
‘‘(i) IN GENERAL.—The agency proposing to conduct
an initial evaluation to determine if the child qualifies
as a child with a disability as defined in section
602(3)(A) or 602(3)(B) shall obtain an informed consent
from the parent of such child before the evaluation
is conducted. Parental consent for evaluation shall not
be construed as consent for placement for receipt of
special education and related services.
‘‘(ii) REFUSAL.—If the parents of such child refuse
consent for the evaluation, the agency may continue
to pursue an evaluation by utilizing the mediation
and due process procedures under section 615, except
to the extent inconsistent with State law relating to
parental consent.
‘‘(2) REEVALUATIONS.—A local educational agency shall
ensure that a reevaluation of each child with a disability is
conducted—
‘‘(A) if conditions warrant a reevaluation or if the
child’s parent or teacher requests a reevaluation, but at
least once every 3 years; and
‘‘(B) in accordance with subsections (b) and (c).
‘‘(b) EVALUATION PROCEDURES.—
‘‘(1) NOTICE.—The local educational agency shall provide
notice to the parents of a child with a disability, in accordance
with subsections (b)(3), (b)(4), and (c) of section 615, that
describes any evaluation procedures such agency proposes to
conduct.
‘‘(2) CONDUCT OF EVALUATION.—In conducting the evalua-
tion, the local educational agency shall—
‘‘(A) use a variety of assessment tools and strategies
to gather relevant functional and developmental informa-
tion, including information provided by the parent, that
may assist in determining whether the child is a child
with a disability and the content of the child’s individual-
ized education program, including information related to
enabling the child to be involved in and progress in the
general curriculum or, for preschool children, to participate
in appropriate activities;
H. R. 5—46
‘‘(B) not use any single procedure as the sole criterion
for determining whether a child is a child with a disability
or determining an appropriate educational program for the
child; and
‘‘(C) use technically sound instruments that may assess
the relative contribution of cognitive and behavioral factors,
in addition to physical or developmental factors.
‘‘(3) ADDITIONAL
REQUIREMENTS.—Each local educational
agency shall ensure that—
‘‘(A) tests and other evaluation materials used to assess
a child under this section—
‘‘(i) are selected and administered so as not to
be discriminatory on a racial or cultural basis; and
‘‘(ii) are provided and administered in the child’s
native language or other mode of communication,
unless it is clearly not feasible to do so; and
‘‘(B) any standardized tests that are given to the child—
‘‘(i) have been validated for the specific purpose
for which they are used;
‘‘(ii) are administered by trained and knowledge-
able personnel; and
‘‘(iii) are administered in accordance with any
instructions provided by the producer of such tests;
‘‘(C) the child is assessed in all areas of suspected
disability; and
‘‘(D) assessment tools and strategies that provide
relevant information that directly assists persons in deter-
mining the educational needs of the child are provided.
‘‘(4) DETERMINATION OF ELIGIBILITY.—Upon completion of
administration of tests and other evaluation materials—
‘‘(A) the determination of whether the child is a child
with a disability as defined in section 602(3) shall be made
by a team of qualified professionals and the parent of
the child in accordance with paragraph (5); and
‘‘(B) a copy of the evaluation report and the documenta-
tion of determination of eligibility will be given to the
parent.
‘‘(5) SPECIAL
RULE
FOR
ELIGIBILITY
DETERMINATION.—In
making a determination of eligibility under paragraph (4)(A),
a child shall not be determined to be a child with a disability
if the determinant factor for such determination is lack of
instruction in reading or math or limited English proficiency.
‘‘(c) 
ADDITIONAL
REQUIREMENTS
FOR
EVALUATION
AND
REEVALUATIONS.—
‘‘(1) REVIEW OF EXISTING EVALUATION DATA.—As part of
an initial evaluation (if appropriate) and as part of any
reevaluation under this section, the IEP Team described in
subsection (d)(1)(B) and other qualified professionals, as appro-
priate, shall—
‘‘(A) review existing evaluation data on the child,
including evaluations and information provided by the par-
ents of the child, current classroom-based assessments and
observations, and teacher and related services providers
observation; and
‘‘(B) on the basis of that review, and input from the
child’s parents, identify what additional data, if any, are
needed to determine—
H. R. 5—47
‘‘(i) whether the child has a particular category
of disability, as described in section 602(3), or, in case
of a reevaluation of a child, whether the child continues
to have such a disability;
‘‘(ii) the present levels of performance and edu-
cational needs of the child;
‘‘(iii) whether the child needs special education
and related services, or in the case of a reevaluation
of a child, whether the child continues to need special
education and related services; and
‘‘(iv) whether any additions or modifications to the
special education and related services are needed to
enable the child to meet the measurable annual goals
set out in the individualized education program of the
child and to participate, as appropriate, in the general
curriculum.
‘‘(2) SOURCE OF DATA.—The local educational agency shall
administer such tests and other evaluation materials as may
be needed to produce the data identified by the IEP Team
under paragraph (1)(B).
‘‘(3) PARENTAL CONSENT.—Each local educational agency
shall obtain informed parental consent, in accordance with
subsection (a)(1)(C), prior to conducting any reevaluation of
a child with a disability, except that such informed parent
consent need not be obtained if the local educational agency
can demonstrate that it had taken reasonable measures to
obtain such consent and the child’s parent has failed to respond.
‘‘(4) REQUIREMENTS IF ADDITIONAL DATA ARE NOT NEEDED.—
If the IEP Team and other qualified professionals, as
appropriate, determine that no additional data are needed to
determine whether the child continues to be a child with a
disability, the local educational agency—
‘‘(A) shall notify the child’s parents of—
‘‘(i) that determination and the reasons for it; and
‘‘(ii) the right of such parents to request an assess-
ment to determine whether the child continues to be
a child with a disability; and
‘‘(B) shall not be required to conduct such an assess-
ment unless requested to by the child’s parents.
‘‘(5) EVALUATIONS BEFORE CHANGE IN ELIGIBILITY.—A local
educational agency shall evaluate a child with a disability
in accordance with this section before determining that the
child is no longer a child with a disability.
‘‘(d) INDIVIDUALIZED EDUCATION PROGRAMS.—
‘‘(1) DEFINITIONS.—As used in this title:
‘‘(A) INDIVIDUALIZED EDUCATION PROGRAM.—The term
‘individualized education program’ or ‘IEP ’ means a written
statement for each child with a disability that is developed,
reviewed, and revised in accordance with this section and
that includes—
‘‘(i) a statement of the child’s present levels of
educational performance, including—
‘‘(I) how the child’s disability affects the child’s
involvement and progress in the general curricu-
lum; or
H. R. 5—48
‘‘(II) for preschool children, as appropriate,
how the disability affects the child’s participation
in appropriate activities;
‘‘(ii) a statement of measurable annual goals,
including benchmarks or short-term objectives, related
to—
‘‘(I) meeting the child’s needs that result 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;
‘‘(iii) 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 a statement of the program modifications or sup-
ports for school personnel that will be provided for
the child—
‘‘(I) to advance appropriately toward attaining
the annual goals;
‘‘(II) to be involved and progress in the general
curriculum in accordance with clause (i) and to
participate in extracurricular and other nonaca-
demic activities; and
‘‘(III) to be educated and participate with other
children with disabilities and nondisabled children
in the activities described in this paragraph;
‘‘(iv) an explanation of the extent, if any, to which
the child will not participate with nondisabled children
in the regular class and in the activities described
in clause (iii);
‘‘(v)(I) a statement of any individual modifications
in the administration of State or districtwide assess-
ments of student achievement that are needed in order
for the child to participate in such assessment; and
‘‘(II) if the IEP 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—
‘‘(aa) why that assessment is not appropriate
for the child; and
‘‘(bb) how the child will be assessed;
‘‘(vi) the projected date for the beginning of the
services and modifications described in clause (iii), and
the anticipated frequency, location, and duration of
those services and modifications;
‘‘(vii)(I) beginning at age 14, and updated annually,
a statement of the transition service needs of the child
under the applicable components of the child’s IEP
that focuses on the child’s courses of study (such as
participation in advanced-placement courses or a voca-
tional education program);
‘‘(II) beginning at age 16 (or younger, if determined
appropriate by the IEP Team), a statement of needed
H. R. 5—50
have in effect, for each child with a disability in its jurisdic-
tion, an individualized education program, as defined in
paragraph (1)(A).
‘‘(B) PROGRAM FOR CHILD AGED 3 THROUGH 5.—In the
case of a child with a disability aged 3 through 5 (or,
at the discretion of the State educational agency, a 2 year-
old child with a disability who will turn age 3 during
the school year), an individualized family service plan that
contains the material described in section 636, and that
is developed in accordance with this section, may serve
as the IEP of the child if using that plan as the IEP
is—
‘‘(i) consistent with State policy; and
‘‘(ii) agreed to by the agency and the child’s
parents.
‘‘(3) DEVELOPMENT OF IEP.—
‘‘(A) IN GENERAL.—In developing each child’s IEP, the
IEP Team, subject to subparagraph (C), shall consider—
‘‘(i) the strengths of the child and the concerns
of the parents for enhancing the education of their
child; and
‘‘(ii) the results of the initial evaluation or most
recent evaluation of the child.
‘‘(B) CONSIDERATION
OF
SPECIAL
FACTORS.—The IEP
Team shall—
‘‘(i) in the case of a child whose behavior impedes
his or her learning or that of others, consider, when
appropriate, strategies, including positive behavioral
interventions, strategies, and supports to address that
behavior;
‘‘(ii) in the case of a child with limited English
proficiency, consider the language needs of the child
as such needs relate to the child’s IEP;
‘‘(iii) in the case of a child who is blind or visually
impaired, provide for instruction in Braille and the
use of Braille unless the IEP Team determines, after
an evaluation of the child’s reading and writing skills,
needs, and appropriate reading and writing media
(including an evaluation of the child’s future needs
for instruction in Braille or the use of Braille), that
instruction in Braille or the use of Braille is not appro-
priate for the child;
‘‘(iv) consider the communication needs of the child,
and in the case of a child who is deaf or hard of
hearing, consider the child’s language and communica-
tion needs, opportunities for direct communications
with peers and professional personnel in the child’s
language and communication mode, academic level,
and full range of needs, including opportunities for
direct instruction in the child’s language and commu-
nication mode; and
‘‘(v) consider whether the child requires assistive
technology devices and services.
‘‘(C) REQUIREMENT
WITH
RESPECT
TO
REGULAR
EDU-
CATION TEACHER.—The regular education teacher of the
child, as a member of the IEP Team, shall, to the extent
appropriate, participate in the development of the IEP
H. R. 5—51
of the child, including the determination of appropriate
positive behavioral interventions and strategies and the
determination of supplementary aids and services, program
modifications, and support for school personnel consistent
with paragraph (1)(A)(iii).
‘‘(4) REVIEW AND REVISION OF IEP.—
‘‘(A) IN GENERAL.—The local educational agency shall
ensure that, subject to subparagraph (B), the IEP Team—
‘‘(i) reviews the child’s IEP periodically, but not
less than annually to determine whether the annual
goals for the child are being achieved; and
‘‘(ii) revises the IEP as appropriate to address—
‘‘(I) any lack of expected progress toward the
annual goals and in the general curriculum, where
appropriate;
‘‘(II) the results of any reevaluation conducted
under this section;
‘‘(III) information about the child provided to,
or by, the parents, as described in subsection
(c)(1)(B);
‘‘(IV) the child’s anticipated needs; or
‘‘(V) other matters.
‘‘(B) REQUIREMENT
WITH
RESPECT
TO
REGULAR
EDU-
CATION TEACHER.—The regular education teacher of the
child, as a member of the IEP Team, shall, to the extent
appropriate, participate in the review and revision of the
IEP of the child.
‘‘(5) FAILURE TO MEET TRANSITION OBJECTIVES.—If a partici-
pating agency, other than the local educational agency, fails
to provide the transition services described in the IEP in accord-
ance with paragraph (1)(A)(vii), the local educational agency
shall reconvene the IEP Team to identify alternative strategies
to meet the transition objectives for the child set out in that
program.
‘‘(6) CHILDREN WITH DISABILITIES IN ADULT PRISONS.—
‘‘(A) IN GENERAL.—The following requirements do not
apply to children with disabilities who are convicted as
adults under State law and incarcerated in adult prisons:
‘‘(i) 
The 
requirements 
contained 
in 
section
612(a)(17) and paragraph (1)(A)(v) of this subsection
(relating to participation of children with disabilities
in general assessments).
‘‘(ii) The requirements of subclauses (I) and (II)
of paragraph (1)(A)(vii) of this subsection (relating to
transition planning and transition services), do not
apply with respect to such children whose eligibility
under this part will end, because of their age, before
they will be released from prison.
‘‘(B) ADDITIONAL
REQUIREMENT.—If a child with a
disability is convicted as an adult under State law and
incarcerated in an adult prison, the child’s IEP Team may
modify the child’s IEP or placement notwithstanding the
requirements of sections 612(a)(5)(A) and 614(d)(1)(A) if
the State has demonstrated a bona fide security or
compelling penological interest that cannot otherwise be
accommodated.
H. R. 5—52
‘‘(e) CONSTRUCTION.—Nothing in this section shall be construed
to require the IEP Team to include information under one compo-
nent of a child’s IEP that is already contained under another
component of such IEP.
‘‘(f ) EDUCATIONAL PLACEMENTS.—Each local educational agency
or State educational agency shall ensure that the parents of each
child with a disability are members of any group that makes deci-
sions on the educational placement of their child.
‘‘SEC. 615. PROCEDURAL SAFEGUARDS.
‘‘(a) ESTABLISHMENT OF PROCEDURES.—Any State educational
agency, State agency, or local educational agency that receives
assistance under this part shall establish and maintain procedures
in accordance with this section to ensure that children with disabil-
ities and their parents are guaranteed procedural safeguards with
respect to the provision of free appropriate public education by
such agencies.
‘‘(b) TYPES OF PROCEDURES.—The procedures required by this
section shall include—
‘‘(1) an opportunity for the parents of a child with a disabil-
ity to examine all records relating to such child and to
participate in meetings with respect to the identification,
evaluation, and educational placement of the child, and the
provision of a free appropriate public education to such child,
and to obtain an independent educational evaluation of the
child;
‘‘(2) procedures to protect the rights of the child whenever
the parents of the child are not known, the agency cannot,
after reasonable efforts, locate the parents, or the child is
a ward of the State, including the assignment of an individual
(who shall not be an employee of the State educational agency,
the local educational agency, or any other agency that is
involved in the education or care of the child) to act as a
surrogate for the parents;
‘‘(3) written prior notice to the parents of the child when-
ever such agency—
‘‘(A) proposes to initiate or change; or
‘‘(B) refuses to initiate or change;
the identification, evaluation, or educational placement of the
child, in accordance with subsection (c), or the provision of
a free appropriate public education to the child;
‘‘(4) procedures designed to ensure that the notice required
by paragraph (3) is in the native language of the parents,
unless it clearly is not feasible to do so;
‘‘(5) an opportunity for mediation in accordance with sub-
section (e);
‘‘(6) an opportunity to present complaints with respect to
any matter relating to the identification, evaluation, or
educational placement of the child, or the provision of a free
appropriate public education to such child;
‘‘(7) procedures that require the parent of a child with
a disability, or the attorney representing the child, to provide
notice (which shall remain confidential)—
‘‘(A) to the State educational agency or local edu-
cational agency, as the case may be, in the complaint
filed under paragraph (6); and
‘‘(B) that shall include—
H. R. 5—53
‘‘(i) the name of the child, the address of the resi-
dence of the child, and the name of the school the
child is attending;
‘‘(ii) a description of the nature of the problem
of the child relating to such proposed initiation or
change, including facts relating to such problem; and
‘‘(iii) a proposed resolution of the problem to the
extent known and available to the parents at the time;
and
‘‘(8) procedures that require the State educational agency
to develop a model form to assist parents in filing a complaint
in accordance with paragraph (7).
‘‘(c) CONTENT OF PRIOR WRITTEN NOTICE.—The notice required
by subsection (b)(3) shall include—
‘‘(1) a description of the action proposed or refused by
the agency;
‘‘(2) an explanation of why the agency proposes or refuses
to take the action;
‘‘(3) a description of any other options that the agency
considered and the reasons why those options were rejected;
‘‘(4) a description of each evaluation procedure, test, record,
or report the agency used as a basis for the proposed or refused
action;
‘‘(5) a description of any other factors that are relevant
to the agency’s proposal or refusal;
‘‘(6) a statement that the parents of a child with a disability
have protection under the procedural safeguards of this part
and, if this notice is not an initial referral for evaluation,
the means by which a copy of a description of the procedural
safeguards can be obtained; and
‘‘(7) sources for parents to contact to obtain assistance
in understanding the provisions of this part.
‘‘(d) PROCEDURAL SAFEGUARDS NOTICE.—
‘‘(1) IN
GENERAL.—A copy of the procedural safeguards
available to the parents of a child with a disability shall be
given to the parents, at a minimum—
‘‘(A) upon initial referral for evaluation;
‘‘(B) upon each notification of an individualized edu-
cation program meeting and upon reevaluation of the child;
and
‘‘(C) upon registration of a complaint under subsection
(b)(6).
‘‘(2) CONTENTS.—The procedural safeguards notice shall
include a full explanation of the procedural safeguards, written
in the native language of the parents, unless it clearly is
not feasible to do so, and written in an easily understandable
manner, available under this section and under regulations
promulgated by the Secretary relating to—
‘‘(A) independent educational evaluation;
‘‘(B) prior written notice;
‘‘(C) parental consent;
‘‘(D) access to educational records;
‘‘(E) opportunity to present complaints;
‘‘(F) the child’s placement during pendency of due
process proceedings;
‘‘(G) procedures for students who are subject to place-
ment in an interim alternative educational setting;