144
including the technical soundness of
the behavior strategies used;
‘‘(III) evaluation and diagnostic
results, which may include any such
results supplied by the parents or
guardian of the child; and
‘‘(IV) observations of the child.
‘‘(ii) ADDITIONAL
REQUIREMENTS.—
The IEP Team may determine that the be-
havior of the child was not a manifestation
of such child’s disability only if the IEP
Team first determines that the disability—
‘‘(I) did not impair the ability of
the child to understand the impact
and consequences of the behavior; and
‘‘(II) did not impair the ability of
the child to control the behavior.
‘‘(5) DETERMINATION
THAT
BEHAVIOR
WAS
MANIFESTATION
OF
DISABILITY.—If the result of
the review described in paragraph (4) is a deter-
mination that the behavior of the child with a dis-
ability was a manifestation of such child’s disability
and the parents of such child agree with such deter-
mination, the educational placement of such child
may be changed. If the parents do not agree with
145
such determination or with such changed educational
placement, an immediate appeal may be made to a
hearing officer to determine whether the child’s
placement should be changed. Any party aggrieved
by the determination of the hearing officer may initi-
ate a due process hearing as described in subsection
(f).
‘‘(6) DETERMINATION
THAT
BEHAVIOR
WAS
NOT MANIFESTATION OF DISABILITY.—
‘‘(A) IN GENERAL.—If the result of the re-
view described in paragraph (4) is a determina-
tion that the behavior of the child with a dis-
ability was not a manifestation of such child’s
disability, the relevant disciplinary procedures
applicable to children without disabilities may
be applied in the same manner in which they
would be applied to children without disabilities.
If the parents do not agree with such applica-
tion, a due process hearing, as described in sub-
section (f), may be initiated. Any determination
under paragraph (4) that a child’s behavior was
not a manifestation of a disability shall be re-
viewed by a hearing officer under subsection (f),
whether or not the child’s parents request a
hearing, before educational services to the child
146
may be terminated under this paragraph. Dur-
ing the pendency of such due process proce-
dures, the child shall continue to receive edu-
cational services in the alternative educational
setting.
‘‘(B) SPECIAL
RULE.—Where application
of the relevant disciplinary procedures in sub-
paragraph (A) would result in the expulsion of
the child without the receipt of educational
services, the child may be expelled only if—
‘‘(i) the child carries a weapon to
school or to a school function under the ju-
risdiction of a State or local educational
agency; or
‘‘(ii) the child possesses or uses illegal
drugs or sells or solicits the sale of medica-
tions or illegal drugs while at school or a
school function under the jurisdiction of a
State or local educational agency.
‘‘(7) EXPEDITED HEARING.—The State or local
educational agency shall arrange for an expedited
hearing in any case described in this subsection
when requested by the parent.
‘‘(8) ADDITIONAL REQUIREMENTS.—
147
‘‘(A) MAINTENANCE
OF
ALTERNATIVE
EDUCATIONAL
SETTING.—If the parent of a
child described in this section requests a hear-
ing pursuant to subsection (f), the child shall
remain in the alternative educational setting in
which such child was placed during the pend-
ency of any proceedings under this subsection,
unless the parents and the State or local edu-
cational agency agree otherwise.
‘‘(B) PROTECTIONS
FOR
CHILDREN
NOT
YET ELIGIBLE FOR SPECIAL EDUCATION AND
RELATED SERVICES.—
‘‘(i) IN GENERAL.—A child who has
not been determined to be eligible for spe-
cial education and related services under
this part and who has engaged in behavior
that violated any rule or code of conduct of
the local educational agency, including any
behavior described in paragraph (1), may
assert any of the protections provided for
in this part if the local educational agency
had knowledge (as determined in accord-
ance with this subparagraph) that the
child was a child with a disability before
148
the behavior that precipitated the discipli-
nary action occurred.
‘‘(ii) BASIS OF KNOWLEDGE.—A local
educational agency shall be deemed to have
knowledge that a child is a child with a
disability if—
‘‘(I) the parent of the child has
expressed concern in writing (unless
the parent is illiterate or has a dis-
ability that prevents compliance with
the requirements contained in this
subclause) to personnel of the appro-
priate educational agency that the
child is in need of special education
and related services;
‘‘(II) the behavior of the child
demonstrates the need for such serv-
ices;
‘‘(III) the parent of the child has
requested an evaluation of the child
pursuant to section 614; or
‘‘(IV) the teacher of the child, or
other personnel of the local edu-
cational agency, has expressed con-
cern about the behavior of the child to
149
the director of special education of
such agency or to other personnel of
the agency.
‘‘(iii) CONDITIONS THAT APPLY IF NO
BASIS OF KNOWLEDGE.—
‘‘(I) IN
GENERAL.—If a local
educational agency does not have
knowledge that a child is a child with
a disability (in accordance with clause
(ii)) prior to taking disciplinary meas-
ures against the child, the child may
be subjected to the same disciplinary
measures as measures applied to chil-
dren without disabilities, who engaged
in comparable behaviors consistent
with paragraph (2).
‘‘(II) LIMITATIONS.—If a request
is made for an evaluation of a child
during the time period in which the
child is subjected to disciplinary meas-
ures under paragraph (1), the evalua-
tion shall be conducted in an expe-
dited manner. If the child is deter-
mined to be a child with a disability,
taking into consideration information
150
from the evaluation conducted by the
agency and information provided by
the parents, the agency shall provide
special education and related services
in accordance with the provisions of
this part, except that, pending the re-
sults of the evaluation, the child shall
remain in the educational placement
determined by school authorities.
‘‘(C) REFERRAL TO AND ACTION BY LAW
ENFORCEMENT AND JUDICIAL AUTHORITIES.—
Nothing in this part shall be construed to pro-
hibit an agency from reporting a crime commit-
ted by a child with a disability to appropriate
authorities or to prevent State law enforcement
and judicial authorities from exercising their re-
sponsibilities with regard to the application of
Federal and State law to crimes committed by
a child with a disability.
‘‘(9) DEFINITIONS.—For purposes of this sub-
section, the following definitions apply:
‘‘(A) ILLEGAL
DRUG.—The term ‘illegal
drug’—
‘‘(i) means a controlled substance
within the meaning of any of paragraphs
151
(1) through (5) of section 202 of the Con-
trolled Substances Act (21 U.S.C 812); but
‘‘(ii) does not include a controlled sub-
stance within the meaning of paragraphs
(1) through (5) of section 202 of such Act
if—
‘‘(I) such controlled substance is
legally possessed or used under the
supervision of a licensed health care
professional; or
‘‘(II) such controlled substance is
legally possessed or used under any
other authority under such Act or
under any other provision of Federal
law.
‘‘(B) SERIOUS INJURY.—The term ‘serious
injury’ means an injury that involves substan-
tial risk of death, extreme physical pain, obvi-
ous or protracted disfigurement, loss of the use
of bodily members or organs, broken bones, or
significant endangerment to an individual’s
emotional health or safety that is the result of
a physical or verbal assault.
‘‘(C) WEAPON.—The term ‘weapon’ has
the meaning given the term ‘dangerous weapon’
152
under paragraph (2) of the first subsection (g)
of section 930 of title 18, United States Code.
‘‘(l) RULE OF CONSTRUCTION.—Nothing in this part
shall be construed to restrict or limit the rights, proce-
dures, and remedies available under the Constitution, the
Americans with Disabilities Act, title V of the Rehabilita-
tion Act of 1973, or other Federal laws protecting the
rights of children with disabilities, except that before the
filing of a civil action under such laws seeking relief that
is also available under this part, the procedures under sub-
sections (f) and (g) shall be exhausted to the same extent
as would be required had the action been brought under
this part.
‘‘(m) TRANSFER OF PARENTAL RIGHTS AT AGE OF
MAJORITY.—
‘‘(1) IN
GENERAL.—A State that receives
amounts from a grant under this part may provide
that, when a child with a disability reaches the age
of majority under State law (except for a child with
a disability who has been determined to be incom-
petent under State law)—
‘‘(A) the public agency shall provide any
notice required by this section to both the indi-
vidual and the parents;
153
‘‘(B) all other rights accorded to parents
under this part transfer to the child;
‘‘(C) the agency shall notify the individual
and the parents of the transfer of rights; and
‘‘(D) all rights accorded to parents under
this part transfer to children who are incarcer-
ated in an adult or juvenile Federal, State, or
local correctional institution.
‘‘(2) SPECIAL RULE.—If, under State law, a
child with a disability who has reached the age of
majority under State law is determined not to have
the ability to provide informed consent with respect
to the educational program of the child, the State
shall establish procedures for appointing the parent
of the child, or another appropriate individual, to
represent the educational interests of the child
throughout the period of eligibility of the child under
this part.
‘‘SEC. 616. WITHHOLDING AND JUDICIAL REVIEW.
‘‘(a) WITHHOLDING OF PAYMENTS.—
‘‘(1) IN
GENERAL.—Whenever the Secretary,
after reasonable notice and opportunity for hearing
to the State educational agency involved (and to any
local educational agency or State agency affected by
any failure described in subparagraph (B)), finds—
154
‘‘(A) that there has been a failure by the
State to comply substantially with any provision
of this part; or
‘‘(B) that there is a failure to comply with
any condition of a local educational agency’s or
State agency’s eligibility under this part;
the Secretary shall, after notifying the State edu-
cational agency, withhold any further payments to
the State under this part.
‘‘(2) NATURE OF WITHHOLDING.—If the Sec-
retary withholds further payments under paragraph
(1), the Secretary may determine that such with-
holding will be limited to programs or projects, or
portions thereof, affected by the failure, or that the
State educational agency shall not make further pay-
ments under this part to specified local educational
agencies or State agencies affected by the failure.
Until the Secretary is satisfied that there is no
longer any failure to comply with the provisions of
this part, as specified in subparagraph (A) or (B) of
paragraph (1), no further payments shall be made to
the State under this part, or payments by the State
educational agency under this part shall be limited
to local educational agencies and State agencies
whose actions did not cause or were not involved in
155
the failure, as the case may be. Any State edu-
cational agency, State agency, or local educational
agency that has received notice under paragraph (1)
shall, by means of a public notice, take such meas-
ures as may be necessary to bring the pendency of
an action pursuant to this subsection to the atten-
tion of the public within the jurisdiction of such
agency.
‘‘(b) JUDICIAL REVIEW.—
‘‘(1) IN GENERAL.—If any State is dissatisfied
with the Secretary’s final action with respect to the
eligibility of the State under section 612, such State
may, not later than 60 days after notice of such ac-
tion, file with the United States court of appeals for
the circuit in which such State is located a petition
for review of that action. A copy of the petition shall
be forthwith transmitted by the clerk of the court to
the Secretary. The Secretary thereupon shall file in
the court the record of the proceedings upon which
the Secretary’s action was based, as provided in sec-
tion 2112 of title 28, United States Code.
‘‘(2) 
JURISDICTION; 
REVIEW
BY
UNITED
STATES SUPREME COURT.—Upon the filing of such
petition, the court shall have jurisdiction to affirm
the action of the Secretary or to set it aside, in
156
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 pro-
vided in section 1254 of title 28, United States
Code.
‘‘(3) STANDARD OF REVIEW.—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 evidence, and the Secretary may
thereupon make new or modified findings of fact and
may modify the Secretary’s previous action, and
shall file in the court the record of the further pro-
ceedings. Such new or modified findings of fact shall
likewise be conclusive if supported by substantial evi-
dence.
‘‘SEC. 617. ADMINISTRATION.
‘‘(a) RESPONSIBILITIES OF SECRETARY.—In carry-
ing out this part, the Secretary shall—
‘‘(1) cooperate with, and (directly or by grant
or contract) furnish technical assistance necessary
to, the State in matters relating to—
‘‘(A) the education of children with disabil-
ities; and
‘‘(B) carrying out this part; and
157
‘‘(2) provide short-term training programs and
institutes.
‘‘(b) RULES AND REGULATIONS.—In carrying out
the provisions of this part, the Secretary shall issue regu-
lations under this Act only to the extent that such regula-
tions are necessary to ensure that there is compliance with
the specific requirements of this Act.
‘‘(c) CONFIDENTIALITY.—The Secretary shall take
appropriate action, in accordance with the provisions of
section 444 of the General Education Provisions Act (20
U.S.C. 1232g), to assure the protection of the confiden-
tiality of any personally identifiable data, information, and
records collected or maintained by the Secretary and by
State and local educational agencies pursuant to the provi-
sions of this part.
‘‘(d) PERSONNEL.—The Secretary is authorized to
hire qualified personnel necessary to conduct data collec-
tion and evaluation activities authorized by subsection (a)
and section 618 without regard to the provisions of title
5, United States Code, relating to appointments in the
competitive service and without regard to chapter 51 and
subchapter III of chapter 53 of such title relating to classi-
fication and general schedule pay rates, except that no
more than twenty such personnel shall be employed at any
time.
158
‘‘SEC. 618. PROGRAM INFORMATION.
‘‘(a) IN GENERAL.—Each State that receives assist-
ance under this part, and the Secretary of the Interior,
shall provide data, which may be based on a sampling of
data, each year to the Secretary on—
‘‘(1) the number of children, categorized by
race, ethnicity, gender, and disability, who are re-
ceiving—
‘‘(A) a free appropriate public education;
or
‘‘(B) early intervention services because—
‘‘(i) such children have developmental
delays; or
‘‘(ii) such children have a diagnosed
physical or mental condition that has a
high probability of resulting in devel-
opmental delay;
‘‘(2) the progress of the State, and of the chil-
dren with disabilities in the State, toward meeting
the goals established under section 612(14);
‘‘(3) the types of early intervention services pro-
vided to such children;
‘‘(4) the number of children with disabilities,
categorized by race, ethnicity, gender, and disabil-
ity—
159
‘‘(A) participating in regular education
programs;
‘‘(B) in separate classes, separate schools
or facilities, or public or private residential fa-
cilities;
‘‘(C) who have been otherwise removed
from the regular education environment; and
‘‘(D) in various early intervention settings;
‘‘(5) for each year of age from age 14 to 21,
the number of children with disabilities, categorized
by race, ethnicity, gender, and disability, who, be-
cause of program completion or for other reasons,
stopped receiving special education, and the reasons
why such children stopped receiving such special
education;
‘‘(6)(A) the number of children with disabilities,
categorized by race, ethnicity, gender, and disability,
who, under section 615(k), are removed to an in-
terim alternative educational setting;
‘‘(B) the acts or items precipitating such re-
movals; and
‘‘(C) the number of children with disabilities
who are expelled from school without receiving serv-
ices; and
160
‘‘(7) any other information required by the Sec-
retary.
‘‘(b) DISPROPORTIONALITY.—
‘‘(1) IN GENERAL.—Each State that receives
assistance under this part, and the Secretary of the
Interior, shall provide for the collection and exam-
ination 
of 
data 
to 
determine 
if 
significant
disproportionality based on race is occurring in the
State with respect to—
‘‘(A) the identification of children as chil-
dren with disabilities, including the identifica-
tion of children as children with disabilities in
accordance with a particular impairment de-
scribed in section 602(3); and
‘‘(B) the placement in particular edu-
cational settings of such children.
‘‘(2) REVIEW
AND
REVISION
OF
POLICIES,
PRACTICES, AND PROCEDURES.—In the case of a de-
termination of significant disproportionality with re-
spect to the identification of children as children
with disabilities, or the placement in particular edu-
cational settings of such children, in accordance with
161
paragraph (1), the State or the Secretary of the In-
terior, as the case may be, shall provide for the re-
view and, if appropriate, revision of the policies, pro-
cedures, and practices used in such identification or
placement to ensure that such policies, procedures,
and practices comply with the requirements of this
Act.
‘‘SEC. 619. PRESCHOOL GRANTS.
‘‘(a) IN GENERAL.—The Secretary shall provide
grants under this section to assist States to provide special
education and related services, in accordance with this
part—
‘‘(1) to children with disabilities aged 3 to 5, in-
clusive; and
‘‘(2) at the State’s discretion, to 2-year-old chil-
dren with disabilities who will turn 3 during the
school year.
‘‘(b) ELIGIBILITY.—A State shall be eligible for a
grant under this section if such State—
‘‘(1) is eligible under section 612 to receive a
grant under this part; and
‘‘(2) makes a free appropriate public education
available to all children with disabilities, aged 3 to
5, inclusive, residing in the State.
‘‘(c) AMOUNT.—
162
‘‘(1) IN GENERAL.—From the amount appro-
priated for any fiscal year pursuant to the author-
ization of appropriations under subsection (m), the
Secretary shall allot to each eligible State the
amount it received for fiscal year 1997 under this
section (as this section was in effect on the day be-
fore the date of the enactment of the IDEA Im-
provement Act of 1997).
‘‘(2) INSUFFICIENT FUNDS.—
‘‘(A) IN GENERAL.—If the amount appro-
priated under subsection (m) for a fiscal year is
insufficient to make the full allotments de-
scribed in paragraph (1), the Secretary shall—
‘‘(i) first, reduce the allocation to any
State whose number of children aged 3 to
5, inclusive, is less than the number of
such children in such State in fiscal year
1996 by the same percentage by which
such number of children declined from the
number of children in fiscal year 1996; and
‘‘(ii) second, if necessary, ratably re-
duce the allocations of all States, including
those allocations reduced under clause (i).
‘‘(B) 
AVAILABILITY
OF
ADDITIONAL
FUNDS.—If additional funds become available
163
to make allocations under this section, the allo-
cations that were reduced under subparagraph
(A) shall be increased on the same basis as
such allocations were reduced.
‘‘(d) ALLOTMENT
OF REMAINING FUNDS.—After
making allotments under subsection (c), the Secretary
shall allot any remaining funds to eligible States on the
basis of their relative population of children aged 3 to 5,
inclusive.
‘‘(e) SPECIAL RULE WITH RESPECT
TO PUERTO
RICO.—Notwithstanding any other provision of this sub-
section, the amount allotted to Puerto Rico for a fiscal
year shall bear the same or lower proportion to the amount
appropriated pursuant to subsection (m) as the amount
received by Puerto Rico under this section for fiscal year
1997 bears to the aggregate of the amounts received by
all States under this section for fiscal year 1997.
‘‘(f) DETERMINATION OF POPULATION FIGURES.—
For the purpose of providing grants under this section,
the Secretary shall use the most recent population data
that are available and satisfactory to the Secretary.
‘‘(g) RESERVATION
FOR
STATE
ACTIVITIES.—A
State may reserve not more than 25 percent of the amount
allotted to the State under this section for a fiscal year
164
for administration and other State-level activities in ac-
cordance with subsections (h) and (i).
‘‘(h) STATE ADMINISTRATION.—
‘‘(1) IN GENERAL.—A State may use up to 3
percent of the amount allotted to the State under
this section for a fiscal year for the purpose of ad-
ministering this section, including the coordination
of activities under this part with, and providing
technical assistance to, other programs that provide
services to children with disabilities.
‘‘(2) USE OF AMOUNTS FOR ADMINISTRATION
OF PART C.—If the State educational agency is the
lead agency for the State under part C, amounts de-
scribed in paragraph (1) may also be used for the
administration of such part C.
‘‘(i) OTHER STATE-LEVEL ACTIVITIES.—Each State
shall use any funds it retains under subsection (g) and
does not use for administration under subsection (h)—
‘‘(1) for support services (including establishing
and implementing the mediation process required by
section 615(d)), which may benefit children with dis-
abilities younger than 3 or older than 5 as long as
those services also benefit children with disabilities
aged 3 to 5, inclusive;
165
‘‘(2) for direct services for children eligible for
services under this section;
‘‘(3) to develop a State improvement plan under
part D;
‘‘(4) for activities at the State and local levels
to meet the performance goals established by the
State under section 612(a)(14) and to support im-
plementation of the State improvement plan under
part D if the State receives funds under that part;
or
‘‘(5) to supplement other funds used to develop
and implement a Statewide coordinated services sys-
tem designed to improve results for children and
families, including children with disabilities and their
families, but not to exceed one percent of the
amount received by the State under this section for
a fiscal year.
‘‘(j) SUBGRANTS TO LOCAL EDUCATIONAL AGEN-
CIES.—
‘‘(1) REQUIREMENT
TO
MAKE
SUBGRANTS.—
Each State that receives a grant under this section
for any fiscal year shall distribute at least 75 per-
cent of the grant funds to local educational agencies
in the State, and to State agencies that received
funds under section 614A(a) (as such section was in
166
effect on the day before the date of the enactment
of the IDEA Improvement Act of 1997) for fiscal
year 1997, that have established their eligibility
under section 613.
‘‘(2) METHODS
OF
DISTRIBUTION.—A State
may distribute funds under paragraph (1) on the
basis of—
‘‘(A) total school age population;
‘‘(B) school enrollment;
‘‘(C) numbers of children with disabilities
aged 3 to 5, inclusive, receiving a free appro-
priate public education;
‘‘(D) allocations for previous fiscal years;
‘‘(E) any two or more of the factors de-
scribed in subparagraphs (A) through (D); or
‘‘(F) poverty, in combination with one or
more of the factors described in subparagraphs
(A) through (D).
‘‘(k) PART C INAPPLICABLE.—Part C of this Act
does not apply to any child with a disability receiving a
free appropriate public education, in accordance with this
part, with funds received under this section.
‘‘(l) PROHIBITION ON CONSOLIDATION OF GRANTS
FOR TERRITORIES.—The provisions of section 501 of
167
Public Law 95–134 (48 U.S.C. 1469a; relating to the con-
solidation 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 section.
‘‘(m) AUTHORIZATION
OF APPROPRIATIONS.—For
the purpose of carrying out this section, there are author-
ized to be appropriated to the Secretary such sums as may
be necessary.
‘‘PART C—INFANTS AND TODDLERS WITH
DISABILITIES
‘‘SEC. 631. FINDINGS AND POLICY.
‘‘(a) FINDINGS.—The Congress finds that there is an
urgent and substantial need—
‘‘(1) to enhance the development of infants and
toddlers with disabilities and to minimize their po-
tential for developmental delay;
‘‘(2) to reduce the educational costs to our soci-
ety, including our Nation’s schools, by minimizing
the need for special education and related services
after infants and toddlers with disabilities reach
school age;
‘‘(3) to minimize the likelihood of institutional-
ization of individuals with disabilities and maximize
the potential for their independently living in society;
168
‘‘(4) to enhance the capacity of families to meet
the special needs of their infants and toddlers with
disabilities; and
‘‘(5) to enhance the capacity of State and local
agencies and service providers to identify, evaluate,
and meet the needs of historically underrepresented
populations, particularly minority, low-income, inner-
city, and rural populations.
‘‘(b) POLICY.—It is therefore the policy of the United
States to provide financial assistance to States—
‘‘(1) to develop and implement a statewide,
comprehensive, coordinated, multidisciplinary, inter-
agency system of early intervention services for in-
fants and toddlers with disabilities and their fami-
lies;
‘‘(2) to facilitate the coordination of payment
for early intervention services from Federal, State,
local, and private sources (including public and pri-
vate insurance coverage); and
‘‘(3) to enhance their capacity to provide qual-
ity early intervention services and expand and im-
prove existing early intervention services being pro-
vided to infants and toddlers with disabilities and
their families.
169
‘‘SEC. 632. DEFINITIONS.
‘‘As used in this part:
‘‘(1) AT-RISK INFANT OR TODDLER.—The term
‘at-risk infant or toddler’ means an individual under
3 years of age who would be at risk of experiencing
a substantial developmental delay if early interven-
tion services were not provided to the individual.
‘‘(2) COUNCIL.—The term ‘council’ means a
State interagency coordinating council established
under section 641.
‘‘(3) DEVELOPMENTAL DELAY.—The term ‘de-
velopmental delay’, when used with respect to an in-
dividual residing in a State, has the meaning given
such term by the State under section 635(a)(1).
‘‘(4) EARLY
INTERVENTION
SERVICES.—The
term ‘early intervention services’ means developmen-
tal services which—
‘‘(A) are provided under public supervision;
‘‘(B) are provided at no cost except where
Federal or State law provides for a system of
payments by families, including a schedule of
sliding fees;
‘‘(C) are designed to meet the developmen-
tal needs of an infant or toddler with a disabil-
ity in any one or more of the following areas—
‘‘(i) physical development;
170
‘‘(ii) cognitive development;
‘‘(iii) communication development;
‘‘(iv) social or emotional development;
or
‘‘(v) adaptive development;
‘‘(D) meet the standards of the State in
which they are provided, including the require-
ments of this part;
‘‘(E) include—
‘‘(i) family training, counseling, and
home visits;
‘‘(ii) special instruction;
‘‘(iii) speech-language pathology and
audiology services;
‘‘(iv) occupational therapy;
‘‘(v) physical therapy;
‘‘(vi) psychological services;
‘‘(vii) service coordination services;
‘‘(viii) medical services only for diag-
nostic or evaluation purposes;
‘‘(ix) early identification, screening,
and assessment services;
‘‘(x) health services necessary to en-
able the infant or toddler to benefit from
the other early intervention services;
171
‘‘(xi) social work services;
‘‘(xii) vision services;
‘‘(xiii) assistive technology devices and
assistive technology services; and
‘‘(xiv) transportation and related costs
that are necessary to enable an infant or
toddler and the infant’s or toddler’s family
to receive another service described in this
paragraph;
‘‘(F) are provided by qualified personnel,
including—
‘‘(i) special educators;
‘‘(ii) speech-language pathologists and
audiologists;
‘‘(iii) occupational therapists;
‘‘(iv) physical therapists;
‘‘(v) psychologists;
‘‘(vi) social workers;
‘‘(vii) nurses;
‘‘(viii) nutritionists;
‘‘(ix) family therapists;
‘‘(x) orientation and mobility special-
ists; and
‘‘(xi) pediatricians and other physi-
cians;
172
‘‘(G) to the maximum extent appropriate,
are provided in natural environments, including
the home, and community settings in which
children without disabilities participate; and
‘‘(H) are provided in conformity with an
individualized family service plan adopted in ac-
cordance with section 636.
‘‘(5) INFANT
OR
TODDLER
WITH
A
DISABIL-
ITY.—The term ‘infant or toddler with a disabil-
ity’—
‘‘(A) means an individual under 3 years of
age who needs early intervention services be-
cause the individual—
‘‘(i) is experiencing developmental
delays, as measured by appropriate diag-
nostic instruments and procedures in one
or more of the areas of cognitive develop-
ment, physical development, communica-
tion development, social or emotional devel-
opment, and adaptive development; or
‘‘(ii) has a diagnosed physical or men-
tal condition which has a high probability
of resulting in developmental delay; and
‘‘(B) may also include, at a State’s discre-
tion, at-risk infants and toddlers.
173
‘‘SEC. 633. GENERAL AUTHORITY.
‘‘The Secretary shall, in accordance with this part,
make grants to States (from their allocations under sec-
tion 643) to assist each State to maintain and implement
a statewide, comprehensive, coordinated, multidisciplinary,
interagency system to provide early intervention services
for infants and toddlers with disabilities and their families.
‘‘SEC. 634. ELIGIBILITY.
‘‘In order to be eligible for a grant under section 633,
a State shall demonstrate to the Secretary that the
State—
‘‘(1) has adopted a policy that appropriate early
intervention services are available to all infants and
toddlers with disabilities in the State and their fami-
lies, including Indian infants and toddlers with dis-
abilities and their families residing on a reservation
geographically located in the State; and
‘‘(2) has in effect a statewide system that meets
the requirements of section 635.
‘‘SEC. 635. REQUIREMENTS FOR STATEWIDE SYSTEM.
‘‘(a) IN GENERAL.—A statewide system described in
section 633 shall include, at a minimum, the following
components:
‘‘(1) A definition of the term ‘developmental
delay’ that will be used by the State in carrying out
programs under this part.
174
‘‘(2) A timely, comprehensive, multidisciplinary
evaluation of the functioning of each infant or tod-
dler with a disability in the State, and a family-
directed identification of the needs of each family of
such an infant or toddler, to appropriately assist in
the development of the infant or toddler.
‘‘(3) For each infant or toddler with a disability
in the State, an individualized family service plan in
accordance with section 636, including service co-
ordination services in accordance with such service
plan.
‘‘(4) A comprehensive child find system, con-
sistent with part B, including a system for making
referrals to service providers that includes timelines
and provides for participation by primary referral
sources.
‘‘(5) A public awareness program focusing on
early identification of infants and toddlers with dis-
abilities, including the preparation and dissemination
by the lead agency designated or established under
paragraph (8) to all primary referral sources, espe-
cially hospitals and physicians, of information for
parents on the availability of early intervention serv-
ices, and procedures for determining the extent to
175
which such sources disseminate such information to
parents of infants and toddlers.
‘‘(6) A central directory which includes infor-
mation on early intervention services, resources, and
experts available in the State and research and dem-
onstration projects being conducted in the State.
‘‘(7) A comprehensive system of personnel de-
velopment, including the training of paraprofes-
sionals and the training of primary referral sources
respecting the basic components of early intervention
services available in the State, that is consistent
with the comprehensive system of personnel develop-
ment described in section 612(a)(13) (or with the
personnel development requirements for State im-
provement plans under section 683) and may in-
clude—
‘‘(A) implementing innovative strategies
and activities for the recruitment and retention
of early education service providers;
‘‘(B) promoting the preparation of early
intervention providers who are fully and appro-
priately qualified to provide early intervention
services under this part;
‘‘(C) training personnel to work in rural
and inner city areas; and
176
‘‘(D) training personnel to coordinate tran-
sition services for infants and toddlers served
under this part from an early intervention pro-
gram under this part to preschool or other ap-
propriate services.
‘‘(8) Policies and procedures relating to the es-
tablishment and maintenance of standards to ensure
that personnel necessary to carry out this part are
appropriately and adequately prepared and trained,
including—
‘‘(A) the establishment and maintenance of
standards which are consistent with any State
approved or recognized certification, licensing,
registration, or other comparable requirements
which apply to the area in which such personnel
are providing early intervention services; and
‘‘(B) subject to subsection (b), to the ex-
tent such standards are not based on the high-
est requirements in the State applicable to a
specific profession or discipline, the steps the
State is taking to require the retraining or hir-
ing of personnel that meet appropriate profes-
sional requirements in the State;
177
except that nothing in this part, including this para-
graph, prohibits the use of paraprofessionals and as-
sistants who are appropriately trained and super-
vised, in accordance with State law, regulations, or
written policy, to assist in the provision of early
intervention services to infants and toddlers with
disabilities under this part.
‘‘(9) A single line of responsibility in a lead
agency designated or established by the Governor for
carrying out—
‘‘(A) the general administration and super-
vision of programs and activities receiving as-
sistance under section 633, and the monitoring
of programs and activities used by the State to
carry out this part, whether or not such pro-
grams or activities are receiving assistance
made available under section 633, to ensure
that the State complies with this part;
‘‘(B) the identification and coordination of
all available resources within the State from
Federal, State, local and private sources;
‘‘(C) the assignment of financial respon-
sibility in accordance with section 637(a)(1) to
the appropriate agencies;
178
‘‘(D) the development of procedures to en-
sure that services are provided to infants and
toddlers and their families under this part in a
timely manner pending the resolution of any
disputes among public agencies or service pro-
viders;
‘‘(E) the resolution of intra- and inter-
agency disputes; and
‘‘(F) the entry into formal interagency
agreements that define the financial responsibil-
ity of each agency for paying for early interven-
tion services (consistent with State law) and
procedures for resolving disputes and that in-
clude all additional components necessary to en-
sure meaningful cooperation and coordination.
‘‘(10) A policy pertaining to the contracting or
making of other arrangements with service providers
to provide early intervention services in the State,
consistent with the provisions of this part, including
the contents of the application used and the condi-
tions of the contract or other arrangements.
‘‘(11) A procedure for securing timely reim-
bursement of funds used under this part in accord-
ance with section 640(a).
179
‘‘(12) Procedural safeguards with respect to
programs under this part, as required by section
639.
‘‘(13) A system for compiling data requested by
the Secretary under section 618 that relates to this
part.
‘‘(14) A State interagency coordinating council
that meets the requirements of section 641.
‘‘(15) Policies and procedures to ensure that,
consistent with section 636(d)(5)—
‘‘(A) to the maximum extent appropriate,
early intervention services are provided in natu-
ral environments; and
‘‘(B) the provision of early intervention
services for any infant or toddler occurs in a
setting other than a natural environment only
when early intervention cannot be achieved sat-
isfactorily for such infant or toddler in a natu-
ral environment.
‘‘(b) MODIFICATION
OF
PERSONNEL
REQUIRE-
MENT.—If a State determines that the requirement of
subsection (a)(8)(B) would significantly inhibit the ability
of the State to contract with, or employ, an appropriate
number and types of personnel to provide early interven-
tion services to infants and toddlers with disabilities in
180
a geographic region, the State may, subject to public no-
tice and comment, temporarily suspend the requirement
for the region, in a manner consistent with State law and
for a period not exceeding 3 years, with respect to the
most qualified available individuals in shortage areas who
are making annual progress in applicable coursework.
‘‘SEC. 636. INDIVIDUALIZED FAMILY SERVICE PLAN.
‘‘(a) ASSESSMENT AND PROGRAM DEVELOPMENT.—
A statewide system described in section 633 shall provide,
at a minimum, for each infant or toddler with a disability,
and the infant’s or toddler’s family, to receive—
‘‘(1) a multidisciplinary assessment of the
unique strengths and needs of the infant or toddler
and the identification of services appropriate to meet
such needs;
‘‘(2) a family-directed assessment of the re-
sources, priorities, and concerns of the family and
the identification of the supports and services nec-
essary to enhance the family’s capacity to meet the
developmental needs of the infant or toddler; and
‘‘(3) a written individualized family service plan
developed by a multidisciplinary team, including the
parents, as required by subsection (e).
‘‘(b) PERIODIC REVIEW.—The individualized family
service plan shall be evaluated once a year and the family
181
shall be provided a review of the plan at 6-month intervals
(or more often where appropriate based on infant or tod-
dler and family needs).
‘‘(c) PROMPTNESS AFTER ASSESSMENT.—The indi-
vidualized family service plan shall be developed within a
reasonable time after the assessment required by sub-
section (a)(1) is completed. With the parents’ consent,
early intervention services may commence prior to the
completion of such assessment.
‘‘(d) CONTENT OF PLAN.—The individualized family
service plan shall be in writing and contain—
‘‘(1) a statement of the infant’s or toddler’s
present levels of physical development, cognitive de-
velopment, communication development, social or
emotional development, and adaptive development,
based on objective criteria;
‘‘(2) a statement of the family’s resources, pri-
orities, and concerns relating to enhancing the devel-
opment of the family’s infant or toddler with a dis-
ability;
‘‘(3) a statement of the major outcomes ex-
pected to be achieved for the infant or toddler and
the family, and the criteria, procedures, and
timelines used to determine the degree to which
progress toward achieving the outcomes is being
182
made and whether modifications or revisions of the
outcomes or services are necessary;
‘‘(4) a statement of specific early intervention
services necessary to meet the unique needs of the
infant or toddler and the family, including the fre-
quency, intensity, and method of delivering services;
‘‘(5) a statement of the natural environments in
which early intervention services shall appropriately
be provided, including a justification of the extent,
if any, to which such services will not be provided in
a natural environment;
‘‘(6) the projected dates for initiation of serv-
ices and the anticipated duration of such services;
‘‘(7) the identification of the service coordinator
from the profession most immediately relevant to the
infant’s or toddler’s or family’s needs (or who is oth-
erwise qualified to carry out all applicable respon-
sibilities under this part) who will be responsible for
the implementation of the plan and coordination
with other agencies and persons; and
‘‘(8) the steps to be taken to support the transi-
tion of the toddler with a disability to preschool or
other appropriate services.
‘‘(e) PARENTAL CONSENT.—The contents of the indi-
vidualized family service plan shall be fully explained to
183
the parents and informed written consent from such par-
ents shall be obtained prior to the provision of early inter-
vention services described in such plan. If such parents
do not provide such consent with respect to a particular
early intervention service, then the early intervention serv-
ices to which such consent is obtained shall be provided.
‘‘SEC. 637. STATE APPLICATION AND ASSURANCES.
‘‘(a) APPLICATION.—A State desiring to receive a
grant under section 633 shall submit an application to the
Secretary at such time and in such manner as the Sec-
retary may reasonably require. Such application shall con-
tain—
‘‘(1) a designation of the lead agency in the
State that will be responsible for the administration
of funds provided under section 633;
‘‘(2) a designation of a person responsible for
assigning financial responsibility among appropriate
agencies;
‘‘(3) information demonstrating eligibility of the
State under section 634, including—
‘‘(A) information demonstrating to the
Secretary’s satisfaction that the State has in ef-
fect the statewide system required by section
633; and
184
‘‘(B) a description of services to be pro-
vided to infants and toddlers with disabilities
and their families through the system;
‘‘(4) a description of the uses for which funds
will be expended in accordance with this part;
‘‘(5) a description of the procedure used to en-
sure that resources are made available under this
part for all geographic areas within the State;
‘‘(6) a description of State policies and proce-
dures that ensure that, prior to the adoption by the
State of any other policy or procedure necessary to
meet the requirements of this part, there are public
hearings, adequate notice of the hearings, and an
opportunity for comment available to the general
public, including individuals with disabilities and
parents of infants and toddlers with disabilities;
‘‘(7) a description of the policies and procedures
to be used—
‘‘(A) to ensure a smooth transition for tod-
dlers receiving early intervention services under
this part to preschool or other appropriate serv-
ices, including a description of how—
‘‘(i) the families of such toddlers will
be included in the transition plans required
by subparagraph (C); and
185
‘‘(ii) the lead agency designated or es-
tablished under section 635(a) will—
‘‘(I) notify the local educational
agency for the area in which such a
child resides that the child will shortly
reach the age of eligibility for pre-
school services under part B, as deter-
mined in accordance with State law;
‘‘(II) in the case of such a child
who may be eligible for such preschool
services, with the approval of the fam-
ily of the child, convene a conference
among the lead agency, the family,
and the local educational agency at
least 90 days (and at the discretion of
all such parties, up to 6 months) be-
fore the child is eligible for the pre-
school services, to discuss any such
services that the child may receive;
and
‘‘(III) in the case of such a child
who may not be eligible for such pre-
school services, with the approval of
the family, make reasonable efforts to
convene a conference among the lead
186
agency, the family, and providers of
other appropriate services for children
who are not eligible for preschool serv-
ices under part B, to discuss the ap-
propriate services that the child may
receive;
‘‘(B) to review the child’s program options
for the period from the child’s third birthday
through the remainder of the school year; and
‘‘(C) to establish a transition plan; and
‘‘(8) such other information and assurances as
the Secretary may reasonably require.
‘‘(b) ASSURANCES.—The application described in
subsection (a) shall contain the following:
‘‘(1) A satisfactory assurance that the State
will—
‘‘(A) make such reports in such form and
containing such information as the Secretary
may require to carry out the Secretary’s func-
tions under this part; and
‘‘(B) keep such records and afford such ac-
cess thereto as the Secretary may find nec-
essary to assure the correctness and verification
of such reports and proper disbursement of
Federal funds under this part.
187
‘‘(2) A satisfactory assurance that Federal
funds made available under section 633 will be used
to supplement and increase the level of State and
local funds expended for infants and toddlers with
disabilities and their families under this part and in
no case to supplant such State and local funds.
‘‘(3) Such other information and assurances as
the Secretary may reasonably require by regulation.
‘‘(c) STANDARD
FOR DISAPPROVAL
OF APPLICA-
TION.—The Secretary may not disapprove such an appli-
cation unless the Secretary determines, after notice and
opportunity for a hearing, that the application fails to
comply with the requirements of this section.
‘‘(d) SUBSEQUENT STATE APPLICATION.—If a State
has on file with the Secretary a policy, procedure, or as-
surance that demonstrates that the State meets a require-
ment of this section, including any policy or procedure
filed under part H (as in effect before the date of the en-
actment of the IDEA Improvement Act of 1996), the Sec-
retary shall consider the State to have met the require-
ment for purposes of receiving a grant under this part.
‘‘(e) MODIFICATION OF APPLICATION.—An applica-
tion submitted by a State in accordance with this section
188
shall remain in effect until the State submits to the Sec-
retary such modifications as the State determines nec-
essary. This section shall apply to a modification of an
application to the same extent and in the same manner
as this section applies to the original application.
‘‘SEC. 638. USES OF FUNDS.
‘‘In addition to using funds provided under section
633 to maintain and implement the statewide system re-
quired by such section, a State may use such funds—
‘‘(1) for direct early intervention services for in-
fants and toddlers with disabilities, and their fami-
lies, under this part that are not otherwise funded
through other public or private sources;
‘‘(2) to expand and improve on services for in-
fants and toddlers and their families under this part
that are otherwise available; and
‘‘(3) to provide a free appropriate public edu-
cation, in accordance with part B, to children with
disabilities from their third birthday to the begin-
ning of the following school year.
‘‘SEC. 639. PROCEDURAL SAFEGUARDS.
‘‘(a) MINIMUM PROCEDURES.—The procedural safe-
guards required to be included in a statewide system
under section 635(a)(10) shall provide, at a minimum, the
following:
189
‘‘(1) The timely administrative resolution of
complaints by parents. Any party aggrieved by the
findings and decision regarding an administrative
complaint shall have the right to bring a civil action
with respect to the complaint in any State court of
competent jurisdiction or in a district court of the
United States without regard to the amount in con-
troversy. In any action brought under this para-
graph, the court shall receive the records of the ad-
ministrative proceedings, shall hear additional evi-
dence at the request of a party, and, basing its deci-
sion on the preponderance of the evidence, shall
grant such relief as the court determines is appro-
priate.
‘‘(2) The right to confidentiality of personally
identifiable information, including the right of par-
ents to written notice of and written consent to the
exchange of such information among agencies con-
sistent with Federal and State law.
‘‘(3) The right of the parents to determine
whether they, their infant or toddler, or other family
members will accept or decline any early intervention
service under this part in accordance with State law
without jeopardizing other early intervention services
under this part.
190
‘‘(4) The opportunity for parents to examine
records relating to assessment, screening, eligibility
determinations, and the development and implemen-
tation of the individualized family service plan.
‘‘(5) Procedures to protect the rights of the in-
fant or toddler whenever the parents of the child are
not known or cannot be found or the child is a ward
of the State, including the assignment of an individ-
ual (who shall not be an employee of the State or
any person, or any employee of a person, providing
early intervention services to the infant or toddler or
any family member of the infant or toddler) to act
as a surrogate for the parents.
‘‘(6) Written prior notice to the parents of the
infant or toddler with a disability whenever the State
agency or service provider proposes to initiate or
change or refuses to initiate or change the identifica-
tion, evaluation, placement, or the provision of ap-
propriate early intervention services to the infant or
toddler with a disability.
‘‘(7) Procedures designed to assure that the no-
tice required by paragraph (6) fully informs the par-
ents, in the parents’ native language, unless it clear-
ly is not feasible to do so, of all procedures available
pursuant to this section.
191
‘‘(8) The right of parents to use mediation in
accordance with section 615(e), except that—
‘‘(A) any reference in such section to a
State educational agency shall be considered to
be a reference to a State’s lead agency estab-
lished or designated under section 635(a)(8);
‘‘(B) any reference in such section to a
local educational agency shall be considered to
be a reference to a local service provider or the
State’s lead agency under this part, as the case
may be; and
‘‘(C) any reference in such section to the
provision of free appropriate public education to
children with disabilities shall be considered to
be a reference to the provision of appropriate
early intervention services to infants and tod-
dlers with disabilities.
‘‘(b) SERVICES DURING PENDENCY OF PROCEED-
INGS.—During the pendency of any proceeding or action
involving a complaint by the parents of an infant or tod-
dler with a disability, unless the State agency and the par-
ents otherwise agree, the infant or toddler shall continue
to receive the appropriate early intervention services cur-
rently being provided or, if applying for initial services,
shall receive the services not in dispute.
192
‘‘SEC. 640. PAYOR OF LAST RESORT.
‘‘(a) NONSUBSTITUTION.—Funds provided under
section 643 may not be used to satisfy a financial commit-
ment for services which would have been paid for from
another public or private source but for the enactment of
this part, except that whenever considered necessary to
prevent a delay in the receipt of appropriate early inter-
vention services by an infant, toddler, or family in a timely
fashion, funds provided under section 643 may be used
to pay the provider of services pending reimbursement
from the agency which has ultimate responsibility for the
payment.
‘‘(b) REDUCTION OF OTHER BENEFITS.—Nothing in
this part shall be construed to permit the State to reduce
medical or other assistance available or to alter eligibility
under title V of the Social Security Act (relating to mater-
nal and child health) or title XIX of the Social Security
Act (relating to medicaid for infants or toddlers with dis-
abilities) within the State.
‘‘SEC. 641. STATE INTERAGENCY COORDINATING COUNCIL.
‘‘(a) ESTABLISHMENT.—
‘‘(1) IN GENERAL.—A State that desires to re-
ceive financial assistance under this part shall estab-
lish a State interagency coordinating council.
‘‘(2) APPOINTMENT.—The council shall be ap-
pointed by the Governor. In making appointments to
193
the council, the Governor shall ensure that the mem-
bership of the council reasonably represents the pop-
ulation of the State.
‘‘(3) CHAIRPERSON.—The Governor shall des-
ignate a member of the council to serve as the chair-
person of the council, or shall require the council to
so designate such a member. Any member of the
council who is a representative of the lead agency
designated under section 635(b)(8) may not serve as
the chairperson of the council.
‘‘(b) COMPOSITION.—
‘‘(1) IN GENERAL.—The council shall be com-
posed as follows:
‘‘(A) PARENTS.—At least 20 percent of
the members shall be parents of infants or tod-
dlers with disabilities or children with disabil-
ities aged 12 or younger, with knowledge of, or
experience with, programs for infants and tod-
dlers with disabilities. At least one such mem-
ber shall be a parent of an infant or toddler
with a disability or a child with a disability
aged 6 or younger.
‘‘(B) SERVICE
PROVIDERS.—At least 20
percent of the members shall be public or pri-
vate providers of early intervention services.
194
‘‘(C) STATE LEGISLATURE.—At least one
member shall be from the State legislature.
‘‘(D) PERSONNEL PREPARATION.—At least
one member shall be involved in personnel prep-
aration.
‘‘(E) AGENCY FOR EARLY INTERVENTION
SERVICES.—At least one member shall be from
each of the State agencies involved in the provi-
sion of, or payment for, early intervention serv-
ices to infants and toddlers with disabilities and
their families and shall have sufficient authority
to engage in policy planning and implementa-
tion on behalf of such agencies.
‘‘(F) AGENCY
FOR
PRESCHOOL
SERV-
ICES.—At least one member shall be from the
State educational agency responsible for pre-
school services to children with disabilities and
shall have sufficient authority to engage in pol-
icy planning and implementation on behalf of
such agency.
‘‘(G) AGENCY FOR INSURANCE.—At least
one member shall be from the agency respon-
sible for the State governance of insurance, es-
pecially in the area of health insurance.
195
‘‘(H) HEAD START AGENCY.—A represent-
ative from a Head Start agency or program in
the State.
‘‘(I) A representative from a State agency
responsible for child care.
‘‘(2) OTHER MEMBERS.—The council may in-
clude other members selected by the Governor, in-
cluding a representative from the Bureau of Indian
Affairs, or where there is no BIA operated or funded
school, from the Indian Health Service or the tribe/
tribal council.
‘‘(c) MEETINGS.—The council shall meet at least
quarterly and in such places as it deems necessary. The
meetings shall be publicly announced, and, to the extent
appropriate, open and accessible to the general public.
‘‘(d) MANAGEMENT AUTHORITY.—Subject to the ap-
proval of the Governor, the council may prepare and ap-
prove a budget using funds under this part to conduct
hearings and forums, to reimburse members of the council
for reasonable and necessary expenses for attending coun-
cil meetings and performing council duties (including child
care for parent representatives), to pay compensation to
a member of the council if such member is not employed
196
or must forfeit wages from other employment when per-
forming official council business, to hire staff, and to ob-
tain the services of such professional, technical, and cleri-
cal personnel as may be necessary to carry out its func-
tions under this part.
‘‘(e) FUNCTIONS OF COUNCIL.—
‘‘(1) DUTIES.—The council shall—
‘‘(A) advise and assist the lead agency des-
ignated or established under section 635(b)(8)
in the performance of the responsibilities set
out in such section, particularly the identifica-
tion of the sources of fiscal and other support
for services for early intervention programs, as-
signment of financial responsibility to the ap-
propriate agency, and the promotion of the
interagency agreements;
‘‘(B) advise and assist the lead agency in
the preparation of applications and amend-
ments thereto;
‘‘(C) advise and assist the State edu-
cational agency regarding the transition of tod-
dlers with disabilities to preschool and other ap-
propriate services; and
‘‘(D) prepare and submit an annual report
to the Governor and to the Secretary on the
197
status of early intervention programs for in-
fants and toddlers with disabilities and their
families operated within the State.
‘‘(2) AUTHORIZED ACTIVITY.—The council may
advise and assist the lead agency and the State edu-
cational agency regarding the provision of appro-
priate services for children aged birth to 5, inclusive.
‘‘(f) CONFLICT OF INTEREST.—No member of the
council shall cast a vote on any matter which would pro-
vide direct financial benefit to that member or otherwise
give the appearance of a conflict of interest under State
law.
‘‘SEC. 642. FEDERAL ADMINISTRATION.
‘‘Sections 616, 617, 618, and 620 shall, to the extent
not inconsistent with this part, apply to the program au-
thorized by this part, except that—
‘‘(1) any reference in such sections to a State
educational agency shall be considered to be a ref-
erence to a State’s lead agency established or des-
ignated under section 635(a)(8);
‘‘(2) any reference in such sections to a local
educational agency, educational service agency, or a
State agency shall be considered to be a reference to
an early intervention service provider under this
part; and
198
‘‘(3) any reference to the education of children
with disabilities or the education of all children with
disabilities shall be considered to be a reference to
the provision of appropriate early intervention serv-
ices to infants and toddlers with disabilities.
‘‘SEC. 643. ALLOCATION OF FUNDS.
‘‘(a) RESERVATION OF FUNDS FOR TERRITORIES.—
‘‘(1) IN
GENERAL.—From the sums appro-
priated to carry out this part for any fiscal year, the
Secretary may reserve up to one percent for pay-
ments to Guam, American Samoa, the Virgin Is-
lands, and the Commonwealth of the Northern Mari-
ana Islands in accordance with their respective
needs.
‘‘(2) CONSOLIDATION OF FUNDS.—The provi-
sions of Public Law 95–134, permitting the consoli-
dation of grants to the territories, shall not apply to
funds those areas receive under this part.
‘‘(b) PAYMENTS TO INDIANS.—
‘‘(1) IN GENERAL.—The Secretary shall, sub-
ject to this subsection, make payments to the Sec-
retary of the Interior to be distributed to tribes,
tribal organizations (as defined under section 4 of
the Indian Self-Determination and Education Assist-
ance Act), or consortia of the above entities for the
199
coordination of assistance in the provision of early
intervention services by the States to infants and
toddlers with disabilities and their families on res-
ervations served by elementary and secondary
schools for Indian children operated or funded by
the Department of the Interior. The amount of such
payment for any fiscal year shall be 1.25 percent of
the aggregate of the amount available to all States
under this part for such fiscal year.
‘‘(2) ALLOCATION.—For each fiscal year, the
Secretary of the Interior shall distribute the entire
payment received under paragraph (1) by providing
to each tribe, tribal organization, or consortium an
amount based on the number of infants and toddlers
residing on the reservation as determined annually
divided by the total of such children served by all
tribes, tribal organizations, or consortia.
‘‘(3) INFORMATION.—To receive a payment
under this paragraph, the tribe, tribal organization,
or consortia shall submit such information to the
Secretary of the Interior as is needed to determine
the amounts to be allocated under paragraph (2).
‘‘(4) USE OF FUNDS.—The funds received by a
tribe, tribal organization, or consortia shall be used
to assist States in child find, screening, and other