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‘‘(J) children who are gifted and talented;
‘‘(K) children with disabilities served by
local educational agencies that receive payments
under title VIII of the Elementary and Sec-
ondary Education Act of 1965;
‘‘(L) children with disabilities who are
homeless children or children with disabilities
who are wards of the State;
‘‘(4) projects to reduce inappropriate identifica-
tion of children as children with disabilities, particu-
larly among minority children;
‘‘(5) projects that are carried out in particular
areas of the country, to ensure broad geographic cov-
erage;
‘‘(6) projects that promote the development and
use of universally designed technologies, assistive tech-
nology devices, and assistive technology services to
maximize children with disabilities’ access to and
participation in the general education curriculum;
‘‘(7) any activity that is authorized in this sub-
part or subpart 3; and
‘‘(8) projects that provide training in edu-
cational advocacy to individuals with responsibility
for the needs of wards of the State, including foster
parents, grandparents and other relatives acting in
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the place of a natural or adoptive parent, attorneys
for children in foster care, guardians ad litem, court
appointed special advocates, judges, education surro-
gates, and children’s caseworkers.
‘‘(e) APPLICANT AND RECIPIENT RESPONSIBILITIES.—
‘‘(1) 
DEVELOPMENT
AND
ASSESSMENT
OF
PROJECTS.—The Secretary shall require that an ap-
plicant for, and a recipient of, a grant, contract, or
cooperative agreement for a project under this sub-
part, subpart 3, or subpart 4—
‘‘(A) involve individuals with disabilities or
parents of individuals with disabilities ages
birth through 26 in planning, implementing,
and evaluating the project; and
‘‘(B) where appropriate, determine whether
the project has any potential for replication and
adoption by other entities.
‘‘(2) ADDITIONAL RESPONSIBILITIES.—The Sec-
retary may require a recipient of a grant, contract,
or cooperative agreement under this subpart, subpart
3, or subpart 4 to—
‘‘(A) share in the cost of the project;
‘‘(B) prepare any findings and products
from the project in formats that are useful for
specific audiences, including parents, adminis-
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trators, teachers, early intervention personnel,
related services personnel, and individuals with
disabilities;
‘‘(C) disseminate such findings and prod-
ucts; and
‘‘(D) collaborate with other such recipients
in carrying out subparagraphs (B) and (C).
‘‘(f) APPLICATION MANAGEMENT.—
‘‘(1) STANDING PANEL.—
‘‘(A) IN GENERAL.—The Secretary shall es-
tablish and use a standing panel of experts who
are competent, by virtue of their training, exper-
tise, or experience, to evaluate applications
under this subpart (other than applications for
assistance under section 665), subpart 3, and
subpart 4 that, individually, request more than
$75,000 per year in Federal financial assistance.
‘‘(B) MEMBERSHIP.—The standing panel
shall include, at a minimum—
‘‘(i) individuals who are representa-
tives of institutions of higher education that
plan, develop, and carry out high quality
programs of personnel preparation;
‘‘(ii) individuals who design and carry
out scientifically based research targeted to
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the improvement of special education pro-
grams and services;
‘‘(iii) individuals who have recognized
experience and knowledge necessary to inte-
grate and apply scientifically based re-
search findings to improve educational and
transitional results for children with dis-
abilities;
‘‘(iv) individuals who administer pro-
grams at the State or local level in which
children with disabilities participate;
‘‘(v) individuals who prepare parents
of children with disabilities to participate
in making decisions about the education of
their children;
‘‘(vi) individuals who establish policies
that affect the delivery of services to chil-
dren with disabilities;
‘‘(vii) parents of children with disabil-
ities ages birth through 26 who are bene-
fiting, or have benefited, from coordinated
research, personnel preparation, and tech-
nical assistance; and
‘‘(viii) individuals with disabilities.
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‘‘(C) TERM.—Unless approved by the Sec-
retary due to extenuating circumstances related
to shortages of experts in a particular area of ex-
pertise or for a specific competition, no indi-
vidual shall serve on the standing panel for more
than 3 consecutive years.
‘‘(2) PEER
REVIEW
PANELS
FOR
PARTICULAR
COMPETITIONS.—
‘‘(A) COMPOSITION.—The Secretary shall
ensure that each sub panel selected from the
standing panel that reviews applications under
this subpart (other than section 665), subpart 3,
and subpart 4 includes—
‘‘(i) individuals with knowledge and
expertise on the issues addressed by the ac-
tivities authorized by the relevant subpart;
and
‘‘(ii) to the extent practicable, parents
of children with disabilities ages birth
through 26, individuals with disabilities,
and persons from diverse backgrounds.
‘‘(B) FEDERAL EMPLOYMENT LIMITATION.—
A majority of the individuals on each sub panel
that reviews an application under this subpart
(other than an application under section 665),
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subpart 3, and subpart 4 shall be individuals
who are not employees of the Federal Govern-
ment.
‘‘(3) USE OF DISCRETIONARY FUNDS FOR ADMIN-
ISTRATIVE PURPOSES.—
‘‘(A) EXPENSES
AND
FEES
OF
NON-FED-
ERAL PANEL MEMBERS.—The Secretary may use
funds made available under this subpart, sub-
part 3, and subpart 4 to pay the expenses and
fees of the panel members who are not officers or
employees of the Federal Government.
‘‘(B) ADMINISTRATIVE SUPPORT.—The Sec-
retary may use not more than 1 percent of the
funds made available to carry out this subpart,
subpart 3, or subpart 4 to pay non-Federal enti-
ties for administrative support related to man-
agement of applications submitted under this
subpart.
‘‘(4) AVAILABILITY OF CERTAIN PRODUCTS.—The
Secretary shall ensure that recipients of grants, coop-
erative agreements, or contracts under this subpart,
subpart 3, and subpart 4 make available in formats
that are accessible to individuals with disabilities any
products developed under such grants, cooperative
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agreements, or contracts that the recipient is making
available to the public.
‘‘(g) PROGRAM EVALUATION.—The Secretary may use
funds made available to carry out this subpart, subpart 3,
and subpart 4 to evaluate activities carried out under this
subpart.
‘‘(h) MINIMUM FUNDING REQUIRED.—
‘‘(1) IN GENERAL.—Subject to paragraph (2), the
Secretary shall ensure that, for each fiscal year, at
least the following amounts are provided under this
subpart and subpart 3 to address the following needs:
‘‘(A) $12,832,000 to address the edu-
cational, related services, transitional, and early
intervention needs of children with deaf-blind-
ness.
‘‘(B) $4,000,000 to address the postsec-
ondary, vocational, technical, continuing, and
adult education needs of individuals with deaf-
ness.
‘‘(C) $4,000,000 to address the educational,
related services, and transitional needs of chil-
dren with an emotional disturbance and those
who are at risk of developing an emotional dis-
turbance.
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‘‘(2) RATABLE REDUCTION.—If the total amount
appropriated to carry out this subpart, subpart 3,
and part E of the Education Sciences Reform Act of
2002 for any fiscal year is less than $130,000,000, the
amounts listed in paragraph (1) shall be ratably re-
duced.
‘‘(i) ELIGIBILITY FOR FINANCIAL ASSISTANCE.—No
State or local educational agency, or other public institu-
tion or agency, may receive a grant or enter into a contract
or cooperative agreement under this subpart that relates ex-
clusively to programs, projects, and activities pertaining to
children aged 3 through 5, inclusive, unless the State is eli-
gible to receive a grant under section 619(b).
‘‘SEC. 662. RESEARCH COORDINATION TO IMPROVE RE-
SULTS FOR CHILDREN WITH DISABILITIES.
‘‘The Secretary shall coordinate research carried out
under this subpart with research carried out under part
E of the Education Sciences Reform Act of 2002.
‘‘SEC. 
663. 
TECHNICAL 
ASSISTANCE, 
DEMONSTRATION
PROJECTS, 
DISSEMINATION 
OF 
INFORMA-
TION, AND IMPLEMENTATION OF SCIENTIF-
ICALLY BASED RESEARCH.
‘‘(a) IN GENERAL.—From amounts made available
under section 675, the Secretary, on a competitive basis,
shall award grants to, or enter into contracts or cooperative
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agreements with, eligible entities to provide technical assist-
ance, carry out model demonstration projects, disseminate
useful information, and implement activities that are sup-
ported by scientifically based research.
‘‘(b) REQUIRED ACTIVITIES.—The Secretary shall sup-
port activities to improve services provided under this Act,
including the practices of professionals and others involved
in providing such services to children with disabilities, that
promote academic achievement and functional performance
to improve educational results and functional outcomes for
children with disabilities through—
‘‘(1) implementing effective strategies that are
conducive to learning and for addressing inappro-
priate behavior of students with disabilities in
schools, including strategies to prevent children with
emotional and behavioral problems from developing
emotional disturbances that require the provision of
special education and related services;
‘‘(2) improving the alignment, compatibility,
and development of valid and reliable assessment
methods, including alternate assessment methods and
evaluation methods, for assessing adequately yearly
progress as described in section 1111(b)(2) of the Ele-
mentary and Secondary Education Act of 1965;
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‘‘(3) providing information to both regular edu-
cation teachers and special education teachers to ad-
dress the different learning styles and disabilities of
students;
‘‘(4) disseminating information on innovative,
effective, and efficient curricula, materials (including
those that are universally designed), instructional ap-
proaches, and strategies that—
‘‘(A) support effective transitions between
educational settings or from school to post-school
settings;
‘‘(B) support effective inclusion of students
with disabilities in general education settings,
especially students with low-incidence disabil-
ities; and
‘‘(C) improve educational and transitional
results at all levels of the educational system in
which the activities are carried out and, in par-
ticular, that improve the progress of children
with disabilities, as measured by assessments
within the general education curriculum in-
volved; and
‘‘(5) demonstrating and applying scientifically-
based findings to facilitate systematic changes related
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to the provision of services to children with disabil-
ities.
‘‘(c) AUTHORIZED ACTIVITIES.—Activities that may
be carried out under this section include activities to im-
prove services provided under this Act, including the prac-
tices of professionals and others involved in providing such
services to children with disabilities, that promote increased
academic achievement and enhanced functional outcomes
for children with disabilities through—
‘‘(1) supporting and promoting the coordination
of early intervention, education, and transitional
services for children with disabilities with services
provided by health, rehabilitation, and social service
agencies;
‘‘(2) promoting improved alignment and com-
patibility of general and special education reforms
concerned with curriculum and instructional reform,
and evaluating of such reforms;
‘‘(3) enabling professionals, parents of children
with disabilities, and other persons, to learn about,
and implement, the findings of scientifically based re-
search and effective practices relating to the provision
of services to children with disabilities;
‘‘(4) disseminating information relating to suc-
cessful approaches to overcoming systemic barriers to
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the effective and efficient delivery of early interven-
tion, educational, and transitional services, to per-
sonnel who provide services to children with disabil-
ities;
‘‘(5) assisting States and local educational agen-
cies with the process of planning systemic changes
that will promote improved early intervention, edu-
cational, and transitional results for children with
disabilities;
‘‘(6) promoting change through a multi-State or
regional framework that benefits States, local edu-
cational agencies, and other participants in partner-
ships that are in the process of achieving systemic
change;
‘‘(7) focusing on the needs and issues that are
specific to a population of children with disabilities,
such as providing single-State and multi-State tech-
nical assistance and in-service training—
‘‘(A) to schools and agencies serving deaf-
blind children and their families;
‘‘(B) to programs and agencies serving other
groups of children with low-incidence disabilities
and their families;
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‘‘(C) to address the postsecondary education
needs of individuals who are deaf or hard-of-
hearing; and
‘‘(D) to schools and personnel providing
special education and related services for chil-
dren with autism spectrum disorders;
‘‘(8) demonstrating models of personnel prepara-
tion to ensure appropriate placements and services for
all 
students 
with 
disabilities 
and 
to 
reduce
disproportionality in eligibility, placement, and dis-
ciplinary actions for minority and limited English
proficient children: and
‘‘(9) disseminating information on how to reduce
racial and ethnic disproportionalities.
‘‘(d) BALANCE
AMONG
DISABILITIES
AND
AGE
RANGES.—In carrying out this section, the Secretary shall
ensure that there is an appropriate balance across all age
ranges and disabilities.
‘‘(e) LINKING STATES TO INFORMATION SOURCES.—
In carrying out this section, the Secretary may support
projects that link States to technical assistance resources,
including special education and general education re-
sources, and may make research and related products avail-
able through libraries, electronic networks, parent training
projects, and other information sources.
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‘‘(f) APPLICATIONS.—
‘‘(1) IN GENERAL.—An eligible entity that de-
sires to receive a grant, or to enter into a contract or
cooperative agreement, under this section shall submit
an application to the Secretary at such time, in such
manner, and containing such information as the Sec-
retary may require.
‘‘(2) CONTENTS.—The Secretary may, as appro-
priate, require eligible entities to demonstrate that the
projects described in their applications are supported
by scientifically based research that has been carried
out in conjunction with the standards for the conduct
and evaluation of all research and development estab-
lished by the National Center for Education Research
under sections 133 and 134 of the Education Sciences
Reform Act of 2002.
‘‘(3) PRIORITY.—As appropriate, the Secretary
shall give priority to applications that propose to
serve teachers and school personnel directly in the
school environment or that strengthen State and local
agency capacity to improve instructional practices of
personnel to improve educational results for children
with disabilities in the school environment.
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‘‘SEC. 664. PERSONNEL DEVELOPMENT TO IMPROVE SERV-
ICES AND RESULTS FOR CHILDREN WITH DIS-
ABILITIES.
‘‘(a) IN GENERAL.—The Secretary, on a competitive
basis, shall award grants to, or enter into contracts or coop-
erative agreements with, eligible entities for 1 or more of
the following:
‘‘(1) To help address the needs identified in the
State plan described in section 653(a)(2) for highly
qualified personnel, as defined in section 651(b), to
work with infants, toddlers, or children with disabil-
ities, consistent with the standards described in sec-
tion 612(a)(14).
‘‘(2) To ensure that those personnel have the nec-
essary skills and knowledge, derived from practices
that have been determined, through scientifically
based research, to be successful in serving those chil-
dren.
‘‘(3) To encourage increased focus on academics
and core content areas in special education personnel
preparation programs.
‘‘(4) To ensure that regular education teachers
have the necessary skills and knowledge to provide in-
struction to students with disabilities in the regular
education classroom.
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‘‘(5) To ensure that all special education teachers
are highly qualified.
‘‘(6) To ensure that preservice and in-service
personnel preparation programs include training
in—
‘‘(A) the use of new technologies;
‘‘(B) the area of early intervention, edu-
cational, and transition services;
‘‘(C) effectively involving parents; and
‘‘(D) positive behavioral supports.
‘‘(7) To provide high-quality professional devel-
opment for principals, superintendents, and other ad-
ministrators, including training in—
‘‘(A) instructional leadership;
‘‘(B) behavioral supports in the school and
classroom;
‘‘(C) paperwork reduction;
‘‘(D) promoting improved collaboration be-
tween special education and general education
teachers;
‘‘(E) assessment and accountability;
‘‘(F) ensuring effective learning environ-
ments; and
‘‘(G) fostering positive relationships with
parents.
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‘‘(b) PERSONNEL DEVELOPMENT; AUTHORIZED AC-
TIVITIES.—
‘‘(1) IN GENERAL.—In carrying out this section,
the Secretary shall support activities to prepare per-
sonnel, including activities for the preparation of per-
sonnel who will serve children with high-incidence
and low-incidence disabilities, consistent with the ob-
jectives described in subsection (a).
‘‘(2) AUTHORIZED
ACTIVITIES.—Activities that
may be carried out under this subsection include the
following:
‘‘(A) Supporting collaborative personnel
preparation activities undertaken by institutions
of higher education, local educational agencies,
and other local entities—
‘‘(i) to improve and reform their exist-
ing programs, to support effective existing
programs, to support the development of
new programs, and to prepare teachers,
principals, 
administrators, 
and 
related
services personnel—
‘‘(I) to meet the diverse needs of
children with disabilities for early
intervention, educational, and transi-
tional services; and
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‘‘(II) to work collaboratively in
regular classroom settings; and
‘‘(ii) to incorporate best practices and
scientifically based research about pre-
paring personnel—
‘‘(I) so the personnel will have the
knowledge and skills to improve edu-
cational results for children with dis-
abilities; and
‘‘(II) to implement effective teach-
ing strategies and interventions to pre-
vent the misidentification, overidenti-
fication, or underidentification of chil-
dren as having a disability, especially
minority and limited English pro-
ficient children.
‘‘(B) Developing, evaluating, and dissemi-
nating innovative models for the recruitment, in-
duction, retention, and assessment of highly
qualified teachers to reduce teachers shortages.
‘‘(C) Providing continuous personnel prepa-
ration, training, and professional development
designed to provide support and ensure retention
of teachers and personnel who teach and provide
related services to children with disabilities.
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‘‘(D) Developing and improving programs
for paraprofessionals to become special education
teachers, related services personnel, and early
intervention personnel, including interdiscipli-
nary training to enable the paraprofessionals to
improve early intervention, educational, and
transitional results for children with disabilities.
‘‘(E) Demonstrating models for the prepara-
tion of, and interdisciplinary training of, early
intervention, special education, and general edu-
cation personnel, to enable the personnel to ac-
quire the collaboration skills necessary to work
within teams and to improve results for children
with disabilities, particularly within the general
education curriculum.
‘‘(F) Promoting effective parental involve-
ment practices to enable the personnel to work
with parents and involve parents in the edu-
cation of such parents’ children.
‘‘(G) Promoting the transferability, across
State and local jurisdictions, of licensure and
certification of teachers, principals, and admin-
istrators working with such children.
‘‘(H) Developing and disseminating models
that prepare teachers with strategies, including
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positive behavioral interventions, for addressing
the conduct of children with disabilities that im-
pedes their learning and that of others in the
classroom.
‘‘(I) Developing and improving programs to
enhance the ability of early childhood providers,
general education teachers, principals, school ad-
ministrators, related services personnel, and
school board members to improve results for chil-
dren with disabilities.
‘‘(J) Supporting institutions of higher edu-
cation with minority enrollments of at least 25
percent for the purpose of preparing personnel to
work with children with disabilities.
‘‘(K) Preparing personnel to work in high
need elementary schools and secondary schools,
including urban schools, rural schools, and
schools operated by an entity described in section
7113(d)(1)(A)(ii) of the Elementary and Sec-
ondary Education Act of 1965, and schools that
serve high numbers or percentages of limited
English proficient children.
‘‘(L) Developing, evaluating, and dissemi-
nating innovative models for the recruitment, in-
duction, retention, and assessment of new, highly
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qualified teachers, especially from groups that
are underrepresented in the teaching profession,
including individuals with disabilities.
‘‘(M) Developing and improving programs
to train special education teachers to develop an
expertise in autism spectrum disorders.
‘‘(c) LOW INCIDENCE DISABILITIES; AUTHORIZED AC-
TIVITIES.—
‘‘(1) IN GENERAL.—In carrying out this section,
the Secretary shall support activities, consistent with
the objectives described in subsection (a), that benefit
children with low incidence disabilities.
‘‘(2) AUTHORIZED
ACTIVITIES.—Activities that
may be carried out under this subsection include ac-
tivities such as the following:
‘‘(A) Preparing persons who—
‘‘(i) have prior training in educational
and other related service fields; and
‘‘(ii) are studying to obtain degrees,
certificates, or licensure that will enable the
persons to assist children with low incidence
disabilities to achieve the objectives set out
in their individualized education programs
described in section 614(d), or to assist in-
fants and toddlers with low incidence dis-
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abilities to achieve the outcomes described
in their individualized family service plans
described in section 636.
‘‘(B) Providing personnel from various dis-
ciplines with interdisciplinary training that will
contribute to improvement in early intervention,
educational, and transitional results for children
with low incidence disabilities.
‘‘(C) Preparing personnel in the innovative
uses and application of technology, including
universally designed technologies, assistive tech-
nology 
devices, 
and 
assistive 
technology
services—
‘‘(i) to enhance learning by children
with low incidence disabilities through early
intervention, educational, and transitional
services; and
‘‘(ii) to improve communication with
parents.
‘‘(D) Preparing personnel who provide serv-
ices to visually impaired or blind children to
teach and use Braille in the provision of services
to such children.
‘‘(E) Preparing personnel to be qualified
educational interpreters, to assist children with
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low incidence disabilities, particularly deaf and
hard of hearing children in school and school re-
lated activities, and deaf and hard of hearing in-
fants and toddlers and preschool children in
early intervention and preschool programs.
‘‘(F) Preparing personnel who provide serv-
ices to children with significant cognitive dis-
abilities and children with multiple disabilities.
‘‘(3) DEFINITION.—As used in this section, the
term ‘low incidence disability’ means—
‘‘(A) a visual or hearing impairment, or si-
multaneous visual and hearing impairments;
‘‘(B) a significant cognitive impairment; or
‘‘(C) any impairment for which a small
number of personnel with highly specialized
skills and knowledge are needed in order for chil-
dren with that impairment to receive early
intervention services or a free appropriate public
education.
‘‘(4) SELECTION OF RECIPIENTS.—In selecting
recipients under this subsection, the Secretary may
give preference to eligible entities submitting applica-
tions that include 1 or more of the following:
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‘‘(A) A proposal to prepare personnel in
more than 1 low incidence disability, such as
deafness and blindness.
‘‘(B) A demonstration of an effective col-
laboration with an eligible entity and a local
educational agency that promotes recruitment
and subsequent retention of highly qualified per-
sonnel to serve children with disabilities.
‘‘(5) PREPARATION IN USE OF BRAILLE.—The
Secretary shall ensure that all recipients of assistance
under this subsection who will use that assistance to
prepare personnel to provide services to visually im-
paired or blind children that can appropriately be
provided in Braille will prepare those individuals to
provide those services in Braille.
‘‘(d) LEADERSHIP PREPARATION; AUTHORIZED AC-
TIVITIES.—
‘‘(1) IN GENERAL.—In carrying out this section,
the Secretary shall support leadership preparation ac-
tivities that are consistent with the objectives de-
scribed in subsection (a).
‘‘(2) AUTHORIZED
ACTIVITIES.—Activities that
may be carried out under this subsection include ac-
tivities such as the following:
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‘‘(A) Preparing personnel at the graduate,
doctoral, and postdoctoral levels of training to
administer, enhance, or provide services to im-
prove results for children with disabilities.
‘‘(B) Providing interdisciplinary training
for various types of leadership personnel, includ-
ing teacher preparation faculty, administrators,
researchers, supervisors, principals, related serv-
ices personnel, and other persons whose work af-
fects early intervention, educational, and transi-
tional services for children with disabilities.
‘‘(e) ENHANCED SUPPORT AND TRAINING FOR BEGIN-
NING SPECIAL EDUCATORS; AUTHORIZED ACTIVITIES.—
‘‘(1) IN GENERAL.—In carrying out this section,
the Secretary shall support personnel preparation ac-
tivities that are consistent with the objectives de-
scribed in subsection (a).
‘‘(2) AUTHORIZED
ACTIVITIES.—Activities that
may be carried out under this subsection include—
‘‘(A) enhancing and restructuring an exist-
ing program or developing a preservice teacher
education program, to prepare special education
teachers, at colleges or departments of education
within the institution of higher education, by in-
corporating an additional 5th year clinical
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learning opportunity, field experience, or super-
vised practicum into a program of preparation
and coursework for special education teachers; or
‘‘(B) Creating or supporting professional
development schools that provide—
‘‘(i) high quality mentoring and induc-
tion opportunities with ongoing support for
beginning special education teachers; or
‘‘(ii) inservice professional development
to 
veteran 
special 
education 
teachers
through the ongoing exchange of informa-
tion and instructional strategies.
‘‘(3) ELIGIBLE PARTNERSHIPS.—Eligible recipi-
ents 
of 
assistance 
under 
this 
subsection 
are
partnerships—
‘‘(A) that shall consist of—
‘‘(i) 1 or more institutions of higher
education with special education personnel
preparation programs; and
‘‘(ii) 1 or more local educational agen-
cies; and
‘‘(iii) in the case of activities assisted
under paragraph (2)(B), an elementary
school or secondary school; and
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‘‘(B) that may include other entities eligible
for assistance under this part, such as a State
educational agency.
‘‘(4) PRIORITY.—In awarding grants or entering
into contracts or cooperative agreements under this
subsection, the Secretary shall give priority to part-
nerships that include local educational agencies that
serve—
‘‘(A) high numbers or percentages of low-in-
come students; or
‘‘(B) schools that have failed to make ade-
quate yearly progress toward enabling children
with disabilities to meet academic achievement
standards.
‘‘(f) TRAINING TO SUPPORT GENERAL EDUCATORS;
AUTHORIZED ACTIVITIES.—
‘‘(1) IN GENERAL.—In carrying out this section,
the Secretary shall support personnel preparation ac-
tivities that are consistent with the objectives de-
scribed in subsection (a).
‘‘(2) AUTHORIZED
ACTIVITIES.—Activities that
may be carried out under this subsection include—
‘‘(A) high quality professional development
for general educators that develops the knowledge
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and skills, and enhances the ability, of general
educators to—
‘‘(i) use classroom-based techniques to
identify students who may be eligible for
special education services, and deliver in-
struction in a way that meets the individ-
ualized needs of children with disabilities
through appropriate supports, accommoda-
tions, and curriculum modifications;
‘‘(ii) use classroom-based techniques,
such as scientifically based reading instruc-
tion;
‘‘(iii) work collaboratively with special
education teachers and related services per-
sonnel;
‘‘(iv) implement strategies, such as
positive behavioral interventions—
‘‘(I) to address the behavior of
children with disabilities that impedes
the learning of such children and oth-
ers; or
‘‘(II) to prevent children from
being misidentified as children with
disabilities;
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‘‘(v) prepare children with disabilities
to participate in statewide assessments
(with or without accommodations) and al-
ternate assessments, as appropriate;
‘‘(vi) develop effective practices for en-
suring that all children with disabilities are
a part of all accountability systems under
the Elementary and Secondary Education
Act of 1965;
‘‘(vii) work with and involve parents of
children with disabilities in their child’s
education;
‘‘(viii) understand how to effectively
construct IEPs, participate in IEP meet-
ings, and implement IEPs; and
‘‘(ix) in the case of principals and su-
perintendents, be instructional leaders and
promote improved collaboration between
general educators, special education teach-
ers, and related services personnel; and
‘‘(B) release and planning time for the ac-
tivities described in this subsection.
‘‘(3) ELIGIBLE PARTNERSHIPS.—Eligible recipi-
ents 
of 
assistance 
under 
this 
subsection 
are
partnerships—
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‘‘(A) that consist of—
‘‘(i) 1 or more institutions of higher
education with special education personnel
preparation programs; and
‘‘(ii) 1 or more local educational agen-
cies; and
‘‘(B) that may include other entities eligible
for assistance under this part, such as a State
educational agency.
‘‘(g) APPLICATIONS.—
‘‘(1) IN GENERAL.—Any eligible entity that de-
sires to receive a grant, or enter into a contract or
cooperative agreement, under this section shall submit
an application to the Secretary at such time, in such
manner, and containing such information as the Sec-
retary may require.
‘‘(2) IDENTIFIED STATE NEEDS.—
‘‘(A) REQUIREMENT TO ADDRESS IDENTI-
FIED NEEDS.—Any application under subsection
(b), (c), (d), (e), or (f) shall include information
demonstrating to the satisfaction of the Secretary
that the activities described in the application
will address needs identified by the State or
States the applicant proposes to serve, consistent
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with the needs identified in the State plan de-
scribed in section 653(a)(2).
‘‘(B) COOPERATION
WITH
STATE
EDU-
CATIONAL AGENCIES.—Any applicant that is not
a local educational agency or a State edu-
cational agency shall include in the application
information demonstrating to the satisfaction of
the Secretary that the applicant and 1 or more
State educational agencies or local educational
agencies have engaged in a cooperative effort to
carry out and monitor the project to be assisted.
‘‘(3) ACCEPTANCE
BY
STATES
OF
PERSONNEL
PREPARATION
REQUIREMENTS.—The Secretary may
require applicants to provide assurances from 1 or
more States that such States intend to accept success-
ful completion of the proposed personnel preparation
program as meeting State personnel standards for
serving children with disabilities or serving infants
and toddlers with disabilities.
‘‘(h) SELECTION OF RECIPIENTS.—
‘‘(1) IMPACT OF PROJECT.—In selecting award
recipients under this section, the Secretary shall con-
sider the impact of the proposed project described in
the application in meeting the need for personnel
identified by the States.
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‘‘(2) REQUIREMENT FOR APPLICANTS TO MEET
STATE
AND
PROFESSIONAL
STANDARDS.—The Sec-
retary shall make grants and enter into contracts and
cooperative agreements under this section only to eli-
gible applicants that meet State and professionally
recognized standards for the preparation of special
education and related services personnel, if the pur-
pose of the project is to assist personnel in obtaining
degrees.
‘‘(3) PREFERENCES.—In selecting recipients
under this section, the Secretary may give preference
to institutions of higher education that are—
‘‘(A) educating regular education personnel
to meet the needs of children with disabilities in
integrated settings;
‘‘(B) educating special education personnel
to work in collaboration with regular educators
in integrated settings; and
‘‘(C) successfully recruiting and preparing
individuals with disabilities and individuals
from groups that are underrepresented in the
profession for which the institution of higher
education is preparing individuals.
‘‘(i) SERVICE OBLIGATION.—Each application for
funds under subsections (b), (c), (d), and (e) shall include
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an assurance that the applicant will ensure that individ-
uals who receive assistance under the proposed project will
subsequently provide special education and related services
to children with disabilities for a period of 1 year for every
year for which assistance was received, or repay all or part
of the cost of that assistance, in accordance with regulations
issued by the Secretary.
‘‘(j) SCHOLARSHIPS.—The Secretary may include
funds for scholarships, with necessary stipends and allow-
ances, in awards under subsections (b), (c), (d), and (e).
‘‘(k) AUTHORIZATION
OF APPROPRIATIONS.—There
are authorized to be appropriated to carry out this section
such sums as may be necessary for each of the fiscal years
2004 through 2009.
‘‘SEC. 665. STUDIES AND EVALUATIONS.
‘‘(a) STUDIES AND EVALUATIONS.—
‘‘(1) DELEGATION.—The Secretary shall delegate
to the Director of the Institute for Education Sciences
responsibility to carry out this section, other than
subsections (d) and (f).
‘‘(2) ASSESSMENT.—The Secretary shall, directly
or through grants, contracts, or cooperative agree-
ments awarded on a competitive basis, assess the
progress in the implementation of this Act, including
the effectiveness of State and local efforts to provide—
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‘‘(A) a free appropriate public education to
children with disabilities; and
‘‘(B) early intervention services to infants
and toddlers with disabilities, and infants and
toddlers who would be at risk of having substan-
tial developmental delays if early intervention
services were not provided to them.
‘‘(b) NATIONAL ASSESSMENT.—
‘‘(1) IN
GENERAL.—The Secretary shall carry
out a national assessment of activities carried out
with Federal funds under this Act in order—
‘‘(A) to determine the effectiveness of this
Act in achieving its purposes;
‘‘(B) to provide timely information to the
President, Congress, the States, local educational
agencies, and the public on how to implement
this Act more effectively; and
‘‘(C) to provide the President and Congress
with information that will be useful in devel-
oping legislation to achieve the purposes of this
Act more effectively.
‘‘(2) CONSULTATION.—The Secretary shall plan,
review, and conduct the national assessment under
this subsection in consultation with researchers, State
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practitioners, local practitioners, parents of children
with disabilities, and other appropriate individuals.
‘‘(3) SCOPE OF ASSESSMENT.—The national as-
sessment shall assess the—
‘‘(A) implementation of programs assisted
under this Act and the impact of those programs
on addressing the developmental, educational,
and transitional needs of, and improving the
academic achievement and functional outcomes
of, children with disabilities to enable the chil-
dren to reach challenging developmental goals
and challenging State academic content stand-
ards based on State academic assessments, in-
cluding alternate assessments;
‘‘(B) types of programs and services that
have demonstrated the greatest likelihood of help-
ing students reach the challenging State aca-
demic content standards and developmental
goals;
‘‘(C) implementation of the personnel prep-
aration and professional development activities
assisted under this Act and the impact on in-
struction, student academic achievement, and
teacher qualifications to enhance the ability of
special education teachers and regular education
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teachers to improve results for children with dis-
abilities; and
‘‘(D) effectiveness of schools, local edu-
cational agencies, States, and other recipients of
assistance under this Act, in achieving the pur-
poses of this Act in—
‘‘(i) improving the academic achieve-
ment of children with disabilities and their
performance on regular statewide assess-
ments, and the performance of children with
disabilities on alternate assessments;
‘‘(ii) improving the participation rate
of children with disabilities in the general
education curriculum;
‘‘(iii) improving the transitions of chil-
dren with disabilities at natural transition
points;
‘‘(iv) placing and serving children with
disabilities, including minority children, in
the least restrictive environment appro-
priate;
‘‘(v) preventing children with disabil-
ities, especially children with emotional dis-
turbances and specific learning disabilities,
from dropping out of school;
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‘‘(vi) addressing the reading and lit-
eracy needs of children with disabilities;
‘‘(vii) coordinating services provided
under this Act with each other, with other
educational and pupil services (including
preschool services), and with health and so-
cial services funded from other sources;
‘‘(viii) improving the participation of
parents of children with disabilities in the
education of their children;
‘‘(ix) resolving disagreements between
education personnel and parents through al-
ternative dispute resolution activities in-
cluding mediation; and
‘‘(x) reducing the misidentification of
children, especially minority and limited
English proficient children.
‘‘(4) INTERIM AND FINAL REPORTS.—The Sec-
retary shall submit to the President and Congress—
‘‘(A) an interim report that summarizes the
preliminary findings of the national assessment
not later than 3 years after the date of enact-
ment of the Individuals with Disabilities Edu-
cation Improvement Act of 2004; and
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‘‘(B) a final report of the findings of the as-
sessment not later than 5 years after the date of
enactment of the Individuals with Disabilities
Education Improvement Act of 2004.
‘‘(c) STUDY ON ENSURING ACCOUNTABILITY FOR STU-
DENTS WHO ARE HELD TO ALTERNATIVE ACHIVEMENT
STANDARDS.—The Secretary shall carry out a national
study or studies to examine—
‘‘(1) the criteria that States use to determine—
‘‘(A) eligibility for alternate assessments;
and
‘‘(B) the number and type of children who
take those assessments and are held accountable
to alternate achievement standards;
‘‘(2) the validity and reliability of alternate as-
sessment instruments and procedures;
‘‘(3) the alignment of alternate assessments and
alternative achievement standards to State academic
content standards in reading, mathematics, and
science; and
‘‘(4) the use and effectiveness of alternate assess-
ments in appropriately measuring student progress
and outcomes specific to individualized instructional
need.
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‘‘(d) ANNUAL REPORT.—The Secretary shall provide
an annual report to Congress that—
‘‘(1) summarizes the research conducted under
section 662;
‘‘(2) analyzes and summarizes the data reported
by the States and the Secretary of the Interior under
section 618;
‘‘(3) summarizes the studies and evaluations con-
ducted under this section and the timeline for their
completion;
‘‘(4) describes the extent and progress of the na-
tional assessment; and
‘‘(5) describes the findings and determinations
resulting from reviews of State implementation of this
Act.
‘‘(e) AUTHORIZED ACTIVITIES.—In carrying out this
section, the Secretary may support objective studies, evalua-
tions, and assessments, including studies that—
‘‘(1) analyze measurable impact, outcomes, and
results achieved by State educational agencies and
local educational agencies through their activities to
reform policies, procedures, and practices designed to
improve educational and transitional services and re-
sults for children with disabilities;
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‘‘(2) analyze State and local needs for profes-
sional development, parent training, and other appro-
priate activities that can reduce the need for discipli-
nary actions involving children with disabilities;
‘‘(3) assess educational and transitional services
and results for children with disabilities from minor-
ity backgrounds, including—
‘‘(A) data on—
‘‘(i) the number of minority children
who are referred for special education eval-
uation;
‘‘(ii) the number of minority children
who are receiving special education and re-
lated services and their educational or other
service placement;
‘‘(iii) the number of minority children
who graduated from secondary programs
with a regular diploma in the standard
number of years; and
‘‘(iv) the number of minority children
who drop out of the educational system; and
‘‘(B) the performance of children with dis-
abilities from minority backgrounds on State as-
sessments and other performance indicators es-
tablished for all students;
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‘‘(4) measure educational and transitional serv-
ices and results of children with disabilities served
under this Act, including longitudinal studies that—
‘‘(A) examine educational and transitional
services and results for children with disabilities
who are 3 through 17 years of age and are re-
ceiving special education and related services
under this Act, using a national, representative
sample of distinct age cohorts and disability cat-
egories; and
‘‘(B) examine educational results, transition
services, postsecondary placement, and employ-
ment status of individuals with disabilities, 18
through 21 years of age, who are receiving or
have received special education and related serv-
ices under this Act; and
‘‘(5) identify and report on the placement of
children with disabilities by disability category.
‘‘(f) STUDY.—The Secretary shall study, and report to
Congress regarding, the extent to which States adopt poli-
cies described in section 635(b)(1) and on the effects of those
policies.
‘‘(g) RESERVATION
FOR
STUDIES
AND
EVALUA-
TIONS.—
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‘‘(1) IN GENERAL.—Except as provided in para-
graph (2) and notwithstanding any other provision of
this Act, the Secretary may reserve not more than 1⁄2
of 1 percent of the amount appropriated under parts
B and C for each fiscal year to carry out this section,
of which not more than $3,000,000 shall be available
to carry out subsection (c).
‘‘(2) 
MAXIMUM
AMOUNT.—The 
maximum
amount the Secretary may reserve under paragraph
(1) for any fiscal year is $40,000,000, increased by
the cumulative rate of inflation since fiscal year 2003.
‘‘Subpart 3—Supports To Improve Results for
Children With Disabilities
‘‘SEC. 670. PURPOSES.
‘‘The purposes of this subpart are to ensure that—
‘‘(1) children with disabilities and their parents
receive training and information on their rights, re-
sponsibilities, and protections under this Act, in order
to develop the skills necessary to cooperatively and ef-
fectively participate in planning and decision making
relating to early intervention, educational, and tran-
sitional services;
‘‘(2) parents, teachers, administrators, early
intervention personnel, related services personnel, and
transition personnel receive coordinated and acces-
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sible technical assistance and information to assist
them in improving early intervention, educational,
and transitional services and results for children with
disabilities and their families; and
‘‘(3) appropriate technology and media are re-
searched, developed, and demonstrated, to improve
and implement early intervention, educational, and
transitional services and results for children with dis-
abilities and their families.
‘‘SEC. 671. PARENT TRAINING AND INFORMATION CENTERS.
‘‘(a) PROGRAM AUTHORIZED.—The Secretary may
award grants to, and enter into contracts and cooperative
agreements with, parent organizations to support parent
training and information centers to carry out activities
under this section.
‘‘(b) REQUIRED ACTIVITIES.—Each parent training
and information center that receives assistance under this
section shall—
‘‘(1) provide training and information that
meets the needs of parents of children with disabilities
living in the area served by the center, particularly
underserved parents and parents of children who may
be inappropriately identified, to enable their children
with disabilities to—
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‘‘(A) meet developmental and functional
goals, and challenging academic achievement
goals that have been established for all children;
and
‘‘(B) be prepared to lead productive inde-
pendent adult lives, to the maximum extent pos-
sible;
‘‘(2) serve the parents of infants, toddlers, and
children with the full range of disabilities described in
section 602(3);
‘‘(3) assist parents to—
‘‘(A) better understand the nature of their
children’s disabilities and their educational, de-
velopmental, and transitional needs;
‘‘(B) communicate effectively and work col-
laboratively with personnel responsible for pro-
viding special education, early intervention serv-
ices, transition services, and related services;
‘‘(C) participate in decisionmaking proc-
esses and the development of individualized edu-
cation programs under part B and individual-
ized family service plans under part C;
‘‘(D) obtain appropriate information about
the range, type, and quality of options, pro-
grams, services, technologies, and research based
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practices and interventions, and resources avail-
able to assist children with disabilities and their
families in school and at home;
‘‘(E) understand the provisions of this Act
for the education of, and the provision of early
intervention services to, children with disabil-
ities; and
‘‘(F) participate in school reform activities;
‘‘(4) in States where the State elects to contract
with the parent training and information center, con-
tract with State educational agencies to provide, con-
sistent with subparagraphs (B) and (D) of section
615(e)(2), individuals who meet with parents to ex-
plain the mediation process to the parents;
‘‘(5) assist parents in resolving disputes in the
most expeditious and effective way possible, including
encouraging the use, and explaining the benefits, of
alternative methods of dispute resolution, such as the
mediation process described in section 615(e);
‘‘(6) assist parents and students with disabilities
to understand their rights and responsibilities under
this Act, including those under section 615(m) on the
student’s reaching the age of majority;
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‘‘(7) assist parents to understand the availability
of, and how to effectively use, procedural safeguards
under this Act;
‘‘(8) assist parents in understanding, preparing
for, and participating in, the process described in sec-
tion 615(f)(1)(B);
‘‘(9) establish cooperative partnerships with com-
munity parent resource centers funded under section
672;
‘‘(10) network with appropriate clearinghouses,
including organizations conducting national dissemi-
nation activities under section 663, and with other
national, State, and local organizations and agencies,
such as protection and advocacy agencies, that serve
parents and families of children with the full range
of disabilities described in section 602(3); and
‘‘(11) annually report to the Secretary on—
‘‘(A) the number and demographics of par-
ents to whom the center provided information
and training in the most recently concluded fis-
cal year;
‘‘(B) the effectiveness of strategies used to
reach and serve parents, including underserved
parents of children with disabilities; and
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‘‘(C) the number of parents served who have
resolved disputes through alternative methods of
dispute resolution.
‘‘(c) OPTIONAL ACTIVITIES.—A parent training and
information center that receives assistance under this sec-
tion may provide information to teachers and other profes-
sionals to assist the teachers and professionals in improving
results for children with disabilities.
‘‘(d) APPLICATION REQUIREMENTS.—Each applica-
tion for assistance under this section shall identify with
specificity the special efforts that the parent organization
will undertake—
‘‘(1) to ensure that the needs for training and in-
formation of underserved parents of children with dis-
abilities in the area to be served are effectively met;
and
‘‘(2) to work with community based organiza-
tions.
‘‘(e) DISTRIBUTION OF FUNDS.—
‘‘(1) IN GENERAL.—The Secretary shall—
‘‘(A) make at least 1 award to a parent or-
ganization in each State for a parent training
and information center which is designated as
the statewide parent training and information
center; or
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‘‘(B) in the case of a large State, make
awards to multiple parent training and infor-
mation centers, but only if the centers dem-
onstrate that coordinated services and supports
will occur among the multiple centers.
‘‘(2) SELECTION REQUIREMENT.—The Secretary
shall select among applications submitted by parent
organizations in a State in a manner that ensures the
most effective assistance to parents, including parents
in urban and rural areas, in the State.
‘‘(f) QUARTERLY REVIEW.—
‘‘(1) MEETINGS.—The board of directors of each
parent organization that receives an award under
this section shall meet at least once in each calendar
quarter to review the activities for which the award
was made.
‘‘(2) CONTINUATION AWARD.—When an organi-
zation requests a continuation award under this sec-
tion, the board of directors shall submit to the Sec-
retary a written review of the parent training and
information program conducted by the organization
during the preceding fiscal year.
‘‘(g) DEFINITION
OF PARENT ORGANIZATION.—As
used in this section, the term ‘parent organization’ means
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a private nonprofit organization (other than an institution
of higher education) that—
‘‘(1) has a board of directors—
‘‘(A) the majority of whom are parents of
children with disabilities ages birth through 26;
‘‘(B) that includes—
‘‘(i) individuals working in the fields
of special education, related services, and
early intervention; and
‘‘(ii) individuals with disabilities;
‘‘(C) the parent and professional members of
which are broadly representative of the popu-
lation to be served; and
‘‘(2) has as its mission serving families of chil-
dren and youth with disabilities who—
‘‘(A) are ages birth through 26; and
‘‘(B) have the full range of disabilities de-
scribed in section 602(3).
‘‘SEC. 672. COMMUNITY PARENT RESOURCE CENTERS.
‘‘(a) IN GENERAL.—The Secretary may award grants
to, and enter into contracts and cooperative agreements
with, local parent organizations to support parent training
and information centers that will help ensure that under-
served parents of children with disabilities, including low
income parents, parents of children with limited English
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proficiency, and parents with disabilities, have the training
and information the parents need to enable the parents to
participate effectively in helping their children with
disabilities—
‘‘(1) to meet developmental and functional goals,
and challenging academic achievement goals that have
been established for all children; and
‘‘(2) to be prepared to lead productive inde-
pendent adult lives, to the maximum extent possible.
‘‘(b) REQUIRED ACTIVITIES.—Each community par-
ent resource center assisted under this section shall—
‘‘(1) provide training and information that
meets the training and information needs of parents
of children with disabilities proposed to be served by
the grant, contract, or cooperative agreement;
‘‘(2) carry out the activities required of parent
training and information centers under paragraphs
(2) through (9) of section 671(b);
‘‘(3) establish cooperative partnerships with the
parent training and information centers funded
under section 671; and
‘‘(4) be designed to meet the specific needs of
families who experience significant isolation from
available sources of information and support.
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‘‘(c) DEFINITION.—As used in this section, the term
‘local parent organization’ means a parent organization,
as defined in section 671(g), that—
‘‘(1) has a board of directors the majority of
whom are parents of children with disabilities ages
birth through 26 from the community to be served;
and
‘‘(2) has as its mission serving parents of chil-
dren with disabilities who—
‘‘(A) are ages birth through 26; and
‘‘(B) have the full range of disabilities de-
scribed in section 602(3).
‘‘SEC. 673. TECHNICAL ASSISTANCE FOR PARENT TRAINING
AND INFORMATION CENTERS.
‘‘(a) IN GENERAL.—The Secretary may make an
award to 1 parent organization (as defined in section
671(g)) that receives assistance under section 671 to enable
the parent organization to provide technical assistance for
developing, assisting, and coordinating parent training and
information programs carried out by parent training and
information centers receiving assistance under sections 671
and 672.
‘‘(b) AUTHORIZED ACTIVITIES.—The Secretary may
provide technical assistance to a parent training and infor-
mation center under this section in areas such as—
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‘‘(1) effective national coordination of parent
training efforts, which includes encouraging collabo-
rative efforts among award recipients under sections
671 and 672;
‘‘(2) dissemination of information, scientifically
based research, and research based practices and
interventions;
‘‘(3) promotion of the use of technology, includ-
ing universally designed technologies, assistive tech-
nology devices, and assistive technology services;
‘‘(4) reaching underserved populations;
‘‘(5) including children with disabilities in gen-
eral education programs;
‘‘(6) facilitation of transitions from—
‘‘(A) early intervention services to preschool;
‘‘(B) preschool to elementary school;
‘‘(C) elementary school to secondary school;
and
‘‘(D) secondary school to postsecondary en-
vironments; and
‘‘(7) promotion of alternative methods of dispute
resolution, including mediation.
‘‘(c) REGIONAL PARENT CENTERS.—The recipient of
the award described in section 673(a) shall establish no
fewer than 4 regional centers from the parent training and
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information centers and community parent resource centers
receiving assistance under sections 671 and 672 for the pur-
pose of carrying out the authorized activities described in
subsection (b). These regional centers shall be selected on
the basis of the center’s—
‘‘(1) willingness to be a regional parent center;
‘‘(2) demonstrated expertise in the delivery of re-
quired parent training and information center activi-
ties described in section 671(b);
‘‘(3) demonstrated capacity to deliver the author-
ized activities described in subsection (b);
‘‘(4) history of collaboration with other parent
training and information centers, community parent
resource centers, regional resource centers, clearing-
houses, and other projects; and
‘‘(5) geographic location.
‘‘(d) COLLABORATION WITH
THE RESOURCE CEN-
TERS.—The recipient of the award described in subsection
(a), in conjunction with the regional parent centers de-
scribed in subsection (c), shall develop collaborative agree-
ments with the geographically appropriate Regional Re-
source Center to further parent and professional collabora-
tion.
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‘‘SEC. 674. TECHNOLOGY DEVELOPMENT, DEMONSTRATION,
AND UTILIZATION; AND MEDIA SERVICES.
‘‘(a) IN GENERAL.—The Secretary, on a competitive
basis, shall award grants to, and enter into contracts and
cooperative agreements with, eligible entities to support ac-
tivities described in subsections (b) and (c).
‘‘(b) TECHNOLOGY DEVELOPMENT, DEMONSTRATION,
AND USE.—
‘‘(1) IN GENERAL.—In carrying out this section,
the Secretary shall support activities to promote the
development, demonstration, and use of technology.
‘‘(2) AUTHORIZED
ACTIVITIES.—The following
activities may be carried out under this subsection:
‘‘(A) Conducting research on and promoting
the demonstration and use of innovative, emerg-
ing, and universally designed technologies for
children with disabilities, by improving the
transfer of technology from research and develop-
ment to practice.
‘‘(B) Supporting research, development, and
dissemination of technology with universal de-
sign features, so that the technology is accessible
to the broadest range of individuals with disabil-
ities without further modification or adaptation.
‘‘(C) Demonstrating the use of systems to
provide parents and teachers with information
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and training concerning early diagnosis of,
intervention for, and effective teaching strategies
for, young children with reading disabilities.
‘‘(D) Supporting the use of Internet-based
communications for students with cognitive dis-
abilities in order to maximize their academic
and functional skills.
‘‘(c) EDUCATIONAL MEDIA SERVICES; OPTIONAL AC-
TIVITIES.—
‘‘(1) IN GENERAL.—In carrying out this section,
the Secretary shall support—
‘‘(A) educational media activities that are
designed to be of educational value in the class-
room setting to children with disabilities;
‘‘(B) providing video description, open cap-
tioning, or closed captioning, that is appropriate
for use in the classroom setting, of—
‘‘(i) television programs;
‘‘(ii) videos;
‘‘(iii) other materials, including pro-
grams and materials associated with new
and emerging technologies, such as CDs,
DVDs, video streaming, and other forms of
multimedia; or
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‘‘(iv) news (but only until September
30, 2006);
‘‘(C) distributing materials described in
subparagraphs (A) and (B) through such mecha-
nisms as a loan service; and
‘‘(D) providing free educational materials,
including textbooks, in accessible media for vis-
ually impaired and print disabled students in
elementary schools and secondary schools.
‘‘(2) LIMITATION.—The video description, open
captioning, or closed captioning described in para-
graph (1)(B) shall only be provided when the descrip-
tion or captioning has not been previously provided
by the producer or distributor, or has not been fully
funded by other sources.
‘‘(d) APPLICATIONS.—Any eligible entity that wishes
to receive a grant, or enter into a contract or cooperative
agreement, under this section shall submit an application
to the Secretary at such time, in such manner, and con-
taining such information as the Secretary may require.
‘‘(e) AUTHORIZATION OF APPROPRIATIONS.—There are
authorized to be appropriated to carry out this section such
sums as may be necessary for each of the fiscal years 2004
through 2009.
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‘‘SEC. 675. ACCESSIBILITY OF INSTRUCTIONAL MATERIALS.
‘‘(a) 
INSTRUCTIONAL
MATERIALS
ACCESSIBILITY
STANDARD.—
‘‘(1) ACCESSIBILITY STANDARD.—Not later than
180 days after the date of enactment of the Individ-
uals with Disabilities Education Improvement Act of
2004, the Secretary shall, by rulemaking, promulgate
an Instructional Materials Accessibility Standard
which shall constitute the technical standards to be
used by publishers for the preparation of electronic
files for States under section 612(a)(22).
‘‘(2) RELATIONSHIP TO OTHER LAWS.—For pur-
poses of this section:
‘‘(A) 
AUTHORIZED
ENTITY.—Notwith-
standing the provisions of section 106 of title 17,
United States Code, it is not an infringement of
copyright for an authorized entity to reproduce
or to distribute copies of the electronic files de-
scribed in section 612(a)(22)(B), containing the
contents of the print instructional materials
using the Instructional Materials Accessibility
Standard, if such copies are used solely for re-
production or distribution of the contents of such
print instructional materials in specialized for-
mats designed exclusively for use by the blind or
other persons with print disabilities.
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‘‘(B) 
PUBLISHER.—Notwithstanding 
the
provisions of section of 106 of title 17, United
States Code, it is not an infringement of copy-
right for a publisher to create and distribute cop-
ies of the electronic files described in section
612(a)(22)(B), containing the contents of the
print instructional materials using the Instruc-
tional Material Accessibility Standard, if such
copies are used solely for reproduction or dis-
tribution of the contents of such print instruc-
tional materials in specialized formats designed
exclusively for use by the blind or other persons
with print disabilities.
‘‘(C) COPIES.—Copies of the electronic files
containing the contents of the print instructional
materials using the Instructional Materials Ac-
cessibility Standard shall be made in compliance
with the provisions of section 121(b) of title 17,
United States Code, regarding the reproduction
and distribution of copyrighted print instruc-
tional materials in specialized formats.
‘‘(3) DEFINITIONS.—In this section:
‘‘(A) INSTRUCTIONAL MATERIALS ACCESSI-
BILITY STANDARD.—The term ‘Instructional Ma-
terials Accessibility Standard’ means the tech-
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nical standards described in paragraph (2), to be
used in the preparation of electronic files suit-
able and used solely for efficient conversion into
specialized formats.
‘‘(B) BLIND
OR
OTHER
PERSONS
WITH
PRINT DISABILITIES.—The term ‘blind or other
persons with print disabilities’ means children
served under this Act and who may qualify in
accordance with the Act entitled ‘‘An Act to pro-
vide books for the adult blind’’, approved March
3, 1931 (2 U.S.C. 135a; 46 Stat. 1487) to receive
books and other publications produced in special-
ized formats.
‘‘(C) SPECIALIZED
FORMATS.—The term
‘specialized formats’ has the meaning given the
term in section 121(c)(3) of title 17, United
States Code, and for the purposes of this section,
includes synthesized speech, digital audio, and
large print.
‘‘(D) PRINT INSTRUCTIONAL MATERIALS.—
The term ‘print instructional materials’ means
printed textbooks and related printed core mate-
rials that are written and published primarily
for use in elementary school and secondary
school instruction and are required by a State
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educational agency or local educational agency
for use by pupils in the classroom.
‘‘(E) AUTHORIZED ENTITY.—The term ‘au-
thorized entity’ has the meaning given the term
in section 121(c)(1) of title 17, United States
Code.
‘‘(4) APPLICABILITY.—This section shall apply to
print instructional materials published and copy-
righted after the date on which the final rule estab-
lishing the Instructional Materials Accessibility
Standard is published in the Federal Register.
‘‘(b) NATIONAL INSTRUCTIONAL MATERIALS ACCESS
CENTER.—
‘‘(1) ESTABLISHMENT.—Not later than 2 years
after the date of enactment of the Individuals with
Disabilities Education Improvement Act of 2004, the
Secretary shall establish a center, to be known as the
National Instructional Materials Access Center, which
shall coordinate the acquisition and distribution of
print instructional materials prepared in the Instruc-
tional Materials Accessibility Standard described in
subsection (a)(2).
‘‘(2) RESPONSIBILITIES.—The duties of the Na-
tional Instructional Materials Access Center are the
following:
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‘‘(A) To receive and maintain a catalog of
print instructional materials made available
under section 612(a)(22) and section 613(a)(6).
‘‘(B) To provide authorized entities with ac-
cess to such print instructional materials, free of
charge, in accordance with such terms and proce-
dures as the National Instructional Materials
Access Center may prescribe.
‘‘(C) To develop, adopt, and publish proce-
dures to protect against copyright infringement
and otherwise to administratively assure compli-
ance with title 17, United States Code, with re-
spect to the print instructional materials pro-
vided under section 612(a)(22) and section
613(a)(6).
‘‘(3) CONTRACT AUTHORIZED.—To assist in car-
rying out paragraph (1), the Secretary shall award,
on a competitive basis, a contract renewable on a bi-
ennial basis with a nonprofit organization, or with a
consortium of such organizations, determined by the
Secretary to be best qualified to carry out the respon-
sibilities described in paragraph (2). The contractor
shall report directly to the Assistant Secretary for
Special Education and Rehabilitative Services.
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‘‘(4) AUTHORIZATION
OF
APPROPRIATIONS.—
There are authorized to be appropriated to carry out
this subsection such sums as may be necessary.
‘‘SEC. 676. AUTHORIZATION OF APPROPRIATIONS.
‘‘There are authorized to be appropriated to carry out
sections 671, 672, 673, and 663 such sums as may be nec-
essary for each of the fiscal years 2004 through 2009.
‘‘Subpart 4—Interim Alternative Educational Set-
tings, Behavioral Supports, and Whole School
Interventions
‘‘SEC. 681. PURPOSE.
‘‘The purpose of this subpart is to authorize resources
to foster a safe learning environment that supports aca-
demic achievement for all students by improving the quality
of interim alternative educational settings, providing more
behavioral supports in schools, and supporting whole school
interventions.
‘‘SEC. 682. DEFINITION OF ELIGIBLE ENTITY.
‘‘In this subpart, the term ‘eligible entity’ means—
‘‘(1) a local educational agency; or
‘‘(2) a consortium consisting of a local edu-
cational agency and 1 or more of the following enti-
ties:
‘‘(A) another local educational agency;
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‘‘(B) a community-based organization with
a demonstrated record of effectiveness in helping
children with disabilities who have behavioral
challenges succeed;
‘‘(C) an institution of higher education;
‘‘(D) a mental health provider; or
‘‘(E) an educational service agency.
‘‘SEC. 683. PROGRAM AUTHORIZED.
‘‘The Secretary is authorized to award grants, on a
competitive basis, to eligible entities to enable the eligible
entities—
‘‘(1) to establish or expand behavioral supports
and whole school behavioral interventions by pro-
viding 
for 
effective, 
research-based 
practices,
including—
‘‘(A) comprehensive, early screening efforts
for students at risk for emotional and behavioral
difficulties;
‘‘(B) training for school staff on early iden-
tification, prereferral, and referral procedures;
‘‘(C) training for administrators, teachers,
related services personnel, behavioral specialists,
and other school staff in whole school positive be-
havioral interventions and supports, behavioral
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intervention planning, and classroom and stu-
dent management techniques;
‘‘(D) joint training for administrators, par-
ents, teachers, related services personnel, behav-
ioral specialists, and other school staff on effec-
tive strategies for positive behavioral interven-
tions and behavior management strategies that
focus on the prevention of behavior problems;
‘‘(E) developing or implementing specific
curricula, programs, or interventions aimed at
addressing behavioral problems;
‘‘(F) stronger linkages between school-based
services and community-based resources, such as
community mental health and primary care pro-
viders; or
‘‘(G) using behavioral specialists, related
services personnel, and other staff necessary to
implement behavioral supports; or
‘‘(2) to improve interim alternative educational
settings by—
‘‘(A) improving the training of administra-
tors, teachers, related services personnel, behav-
ioral specialists, and other school staff (including
ongoing mentoring of new teachers);
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‘‘(B) attracting and retaining a high qual-
ity, diverse staff;
‘‘(C) providing for on-site counseling serv-
ices;
‘‘(D) using research-based interventions,
curriculum, and practices;
‘‘(E) allowing students to use instructional
technology that provides individualized instruc-
tion;
‘‘(F) ensuring that the services are fully
consistent with the goals of the individual stu-
dent’s IEP;
‘‘(G) promoting effective case management
and collaboration among parents, teachers, phy-
sicians, related services personnel, behavioral
specialists, principals, administrators, and other
school staff;
‘‘(H) promoting interagency coordination
and coordinated service delivery among schools,
juvenile courts, child welfare agencies, commu-
nity mental health providers, primary care pro-
viders, public recreation agencies, and commu-
nity-based organizations; or
‘‘(I) providing for behavioral specialists to
help students transitioning from interim alter-
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native educational settings reintegrate into their
regular classrooms.
‘‘SEC. 684. PROGRAM EVALUATIONS.
‘‘(a) REPORT AND EVALUATION.—Each eligible entity
receiving a grant under this subpart shall prepare and sub-
mit annually to the Secretary a report on the outcomes of
the activities assisted under the grant.
‘‘(b) BEST PRACTICES ON WEBSITE.—The Secretary
shall make available on the Department’s website informa-
tion for parents, teachers, and school administrators on best
practices for interim alternative educational settings, be-
havior supports, and whole school intervention.
‘‘SEC. 685. AUTHORIZATION OF APPROPRIATIONS.
‘‘There are authorized to be appropriated to carry out
this subpart $50,000,000 for fiscal year 2004 and such sums
as may be necessary for each of the 5 succeeding fiscal
years.’’.
TITLE II—AMENDMENTS TO THE
REHABILITATION ACT OF 1973
SEC. 201. FINDINGS.
Section 2(a) of the Rehabilitation Act of 1973 (29
U.S.C. 701(a)) is amended—
(1) in paragraph (5), by striking ‘‘and’’ at the
end;
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(2) in paragraph (6), by striking the period and
inserting ‘‘; and’’; and
(3) by adding at the end the following:
‘‘(7) there is a substantial need to improve and
expand services for students with disabilities under
this Act.’’.
SEC. 202. DEFINITIONS.
Section 7 of the Rehabilitation Act of 1973 (29 U.S.C.
705) is amended—
(1) by redesignating paragraphs (35) through
(39) as paragraphs (36), (37), (38), (40), and (41),
respectively;
(2) in subparagraph (A)(ii) of paragraph (36)
(as redesignated in paragraph (1)), by striking
‘‘paragraph (36)(C)’’ and inserting ‘‘paragraph
(37)(C)’’;
(3) by inserting after paragraph (34) the fol-
lowing:
‘‘(35)(A) The term ‘student with a disability’
means an individual with a disability who—
‘‘(i) is not younger than 14 and not older
than 21;
‘‘(ii) has been determined to be eligible
under section 102(a) for assistance under this
title; and
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‘‘(iii)(I) is eligible for, and is receiving, spe-
cial education under part B of the Individuals
with Disabilities Education Act (20 U.S.C. 1411
et seq.); or
‘‘(II) is an individual with a disability, for
purposes of section 504.
‘‘(B) The term ‘students with disabilities’ means
more than 1 student with a disability.’’; and
(4) by inserting after paragraph (38) the fol-
lowing:
‘‘(39) The term ‘transition services expansion
year’ means—
‘‘(A) the first fiscal year for which the
amount appropriated under section 100(b) ex-
ceeds the amount appropriated under section
100(b) for fiscal year 2004 by not less than
$100,000,000; and
‘‘(B) each fiscal year subsequent to that first
fiscal year.’’.
SEC. 203. STATE PLAN.
(a) 
ASSESSMENT
AND
STRATEGIES.—Section
101(a)(15) of the Rehabilitation Act of 1973 (29 U.S.C.
721(a)(15)) is amended—
(1) in subparagraph (A)(i)—
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(A) in subclause (II), by striking ‘‘and’’ at
the end;
(B) in subclause (III), by adding ‘‘and’’ at
the end; and
(C) by adding at the end the following:
‘‘(IV) in a transition services ex-
pansion year, students with disabil-
ities, including their need for transi-
tion services;’’; and
(2) in subparagraph (D)—
(A) by redesignating clauses (iii), (iv), and
(v) as clauses (iv), (v), and (vi), respectively;
and
(B) by inserting after clause (ii) the fol-
lowing:
‘‘(iii) in a transition services expan-
sion year, the methods to be used to improve
and expand vocational rehabilitation serv-
ices for students with disabilities, including
the coordination of services designed to fa-
cilitate the transition of such students from
the receipt of educational services in school
to the receipt of vocational rehabilitation
services under this title or to postsecondary
education or employment;’’.
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(b) SERVICES FOR STUDENTS WITH DISABILITIES.—
Section 101(a) of the Rehabilitation Act of 1973 (29 U.S.C.
721(a)) is amended by adding at the end the following:
‘‘(25) SERVICES FOR STUDENTS WITH DISABIL-
ITIES.—The State plan for a transition services ex-
pansion year shall provide an assurance satisfactory
to the Secretary that the State—
‘‘(A) has developed and implemented strate-
gies to address the needs identified in the assess-
ment described in paragraph (15), and achieve
the goals and priorities identified by the State,
to improve and expand vocational rehabilitation
services for students with disabilities on a state-
wide basis in accordance with paragraph (15);
and
‘‘(B) from funds reserved under section
110A, shall carry out programs or activities de-
signed to improve and expand vocational reha-
bilitation services for students with disabilities
that—
‘‘(i) facilitate the transition of the stu-
dents with disabilities from the receipt of
educational services in school, to the receipt
of vocational rehabilitation services under
this title, including, at a minimum, those
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services specified in the interagency agree-
ment required in paragraph (11)(D);
‘‘(ii) improve the achievement of post-
school goals of students with disabilities, in-
cluding improving the achievement through
participation (as appropriate when voca-
tional goals are discussed) in meetings re-
garding individualized education programs
developed under section 614 of the Individ-
uals with Disabilities Education Act (20
U.S.C. 1414);
‘‘(iii) provide vocational guidance, ca-
reer exploration services, and job search
skills and strategies and technical assistance
to students with disabilities;
‘‘(iv) support the provision of training
and technical assistance to State and local
educational agency and designated State
agency personnel responsible for the plan-
ning and provision of services to students
with disabilities; and
‘‘(v) support outreach activities to stu-
dents with disabilities who are eligible for,
and need, services under this title.’’.
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SEC. 204. SCOPE OF SERVICES.
Section 103 of the Rehabilitation Act of 1973 (29
U.S.C. 723) is amended—
(1) in subsection (a), by striking paragraph (15)
and inserting the following:
‘‘(15) transition services for students with dis-
abilities, that facilitate the achievement of the em-
ployment outcome identified in the individualized
plan for employment, including, in a transition serv-
ices expansion year, services described in clauses (i)
through (iii) of section 101(a)(25)(B);’’; and
(2) in subsection (b), by striking paragraph (6)
and inserting the following:
‘‘(6)(A)(i) Consultation and technical assistance
services to assist State and local educational agencies
in planning for the transition of students with dis-
abilities from school to post-school activities, includ-
ing employment.
‘‘(ii) In a transition services expansion year,
training and technical assistance described in section
101(a)(25)(B)(iv).
‘‘(B) In a transition services expansion year,
services for groups of individuals with disabilities
who meet the requirements of clauses (i) and (iii) of
section 7(35)(A), including services described in
clauses 
(i), 
(ii), 
(iii), 
and 
(v) 
of 
section
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101(a)(25)(B), to assist in the transition from school
to post-school activities.’’.
SEC. 205. STANDARDS AND INDICATORS.
Section 106(a) of the Rehabilitation Act of 1973 (29
U.S.C. 726(a)) is amended by striking paragraph (1)(C)
and all that follows through paragraph (2) and inserting
the following:
‘‘(2) MEASURES.—The standards and indicators
shall include outcome and related measures of pro-
gram performance that—
‘‘(A) facilitate the accomplishment of the
purpose and policy of this title;
‘‘(B) to the maximum extent practicable,
are consistent with the core indicators of per-
formance, and corresponding State adjusted lev-
els of performance, established under section
136(b) of the Workforce Investment Act of 1998
(29 U.S.C. 2871(b)); and
‘‘(C) include measures of the program’s per-
formance with respect to the transition to post-
school vocational activities, and achievement of
the post-school vocational goals, of students with
disabilities served under the program.’’.
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SEC. 206. RESERVATION FOR EXPANDED TRANSITION SERV-
ICES.
The Rehabilitation Act of 1973 is amended by insert-
ing after section 110 (29 U.S.C. 730) the following:
‘‘SEC. 110A. RESERVATION FOR EXPANDED TRANSITION
SERVICES.
‘‘(a) RESERVATION.—From the State allotment under
section 110 in a transition services expansion year, each
State shall reserve an amount calculated by the Commis-
sioner under subsection (b) to carry out programs and ac-
tivities under sections 101(a)(25)(B) and 103(b)(6).
‘‘(b) CALCULATION.—The Commissioner shall calculate
the amount to be reserved for such programs and activities
for a fiscal year by each State by multiplying $50,000,000
by the percentage determined by dividing—
‘‘(1) the amount allotted to that State under sec-
tion 110 for the prior fiscal year; by
‘‘(2) the total amount allotted to all States under
section 110 for that prior fiscal year.’’.
SEC. 207. CONFORMING AMENDMENT.
Section 1(b) of the Rehabilitation Act of 1973 is
amended by inserting after the item relating to section 110
the following:
‘‘Sec. 110A. Reservation for expanded transition services.’’.
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TITLE 
III—NATIONAL 
CENTER
FOR SPECIAL EDUCATION RE-
SEARCH
SEC. 301. NATIONAL CENTER FOR SPECIAL EDUCATION RE-
SEARCH.
(a) AMENDMENT.—The Education Sciences Reform
Act of 2002 (20 U.S.C. 9501 et seq.) is amended—
(1) by redesignating part E as part F; and
(2) by inserting after part D the following:
‘‘PART E—NATIONAL CENTER FOR SPECIAL
EDUCATION RESEARCH
‘‘SEC. 175. ESTABLISHMENT.
‘‘(a) ESTABLISHMENT.—There is established in the In-
stitute a National Center for Special Education Research.
‘‘(b) MISSION.—The mission of the National Center for
Special Education Research (in this part referred to as the
‘Special Education Research Center’) is—
‘‘(1) to sponsor research to expand knowledge
and understanding of the needs of infants, toddlers,
and children with disabilities in order to improve the
developmental, educational, and transitional results
of such individuals;
‘‘(2) to sponsor research to improve services pro-
vided under, and support the implementation of, the
Individuals with Disabilities Education Act; and
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‘‘(3) to evaluate the implementation and effec-
tiveness of the Individuals with Disabilities Edu-
cation Act in coordination with the National Center
for Education Evaluation and Regional Assistance.
‘‘(c) APPLICABILITY
OF EDUCATION SCIENCES RE-
FORM ACT OF 2002.—Parts A and F, and the standards
for peer review of applications and for the conduct and eval-
uation of research under sections 133(a) and 134, respec-
tively, shall apply to the Secretary, the Director, and the
Commissioner in carrying out this part.
‘‘SEC. 176. COMMISSIONER FOR SPECIAL EDUCATION RE-
SEARCH.
‘‘The Special Education Research Center shall be head-
ed by a Commissioner for Special Education Research (in
this part referred to as ‘the Special Education Research
Commissioner’) who shall have substantial knowledge of the
Special Education Research Center’s activities, including
a high level of expertise in the fields of research, research
management, and the education of children with disabil-
ities.
‘‘SEC. 177. DUTIES.
‘‘(a) GENERAL DUTIES.—The Special Education Re-
search Center shall carry out research activities under this
part consistent with the mission described in section 175(b),
such as activities that—
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‘‘(1) improve services provided under the Indi-
viduals with Disabilities Education Act in order to
improve—
‘‘(A) academic achievement, functional out-
comes, and educational results for children with
disabilities; and
‘‘(B) developmental outcomes for infants
and toddlers;
‘‘(2) identify scientifically based educational
practices that support learning and improve aca-
demic achievement, functional outcomes, and edu-
cational results for all students with disabilities;
‘‘(3) examine the special needs of preschool aged
children, infants, and toddlers with disabilities, in-
cluding factors that may result in developmental
delays;
‘‘(4) identify scientifically based related services
and interventions that promote participation and
progress in the general education curriculum and
general education settings;
‘‘(5) improve the alignment, compatibility, and
development of valid and reliable assessments, includ-
ing alternate assessments, as required by section
1111(b) of the Elementary and Secondary Education
Act of 1965;
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‘‘(6) examine State content standards and alter-
nate assessments for students with significant cog-
nitive impairment in terms of academic achievement,
individualized instructional need, appropriate edu-
cation settings, and improved post-school results;
‘‘(7) examine the educational, developmental,
and transitional needs of children with high incidence
and low incidence disabilities;
‘‘(8) examine the extent to which overidentifica-
tion and underidentification of children with disabil-
ities occurs, and the causes thereof;
‘‘(9) improve reading and literacy skills of chil-
dren with disabilities;
‘‘(10) examine and improve secondary and post-
secondary education and transitional outcomes and
results for children with disabilities;
‘‘(11) examine methods of early intervention for
children with disabilities, including children with
multiple or complex developmental delays;
‘‘(12) examine and incorporate universal design
concepts in the development of standards, assessments,
curricula, and instructional methods as a method to
improve educational and transitional results for chil-
dren with disabilities;
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‘‘(13) improve the preparation of personnel, in-
cluding early intervention personnel, who provide
educational and related services to children with dis-
abilities to increase the academic achievement and
functional performance of students with disabilities;
‘‘(14) examine the excess costs of educating a
child with a disability and expenses associated with
high cost special education and related services;
‘‘(15) help parents improve educational results
for their children, particularly related to transition
issues; and
‘‘(16) address the unique needs of children with
significant cognitive disabilities.
‘‘(b) STANDARDS.—The Commissioner of Special Edu-
cation Research shall ensure that activities assisted under
this section—
‘‘(1) conform to high standards of quality, integ-
rity, accuracy, validity, and reliability;
‘‘(2) are carried out in conjunction with the
standards for the conduct and evaluation of all re-
search and development established by the National
Center for Education Research; and
‘‘(3) are objective, secular, neutral, and nonideo-
logical, and are free of partisan political influence,
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and racial, cultural, gender, regional, or disability
bias.
‘‘(c) PLAN.—The Commissioner of Special Education
Research shall propose to the Director a research plan, de-
veloped in collaboration with the Assistant Secretary for
Special Education and Rehabilitative Services, that—
‘‘(1) is consistent with the priorities and mission
of the Institute and the mission of the Special Edu-
cation Research Center;
‘‘(2) is carried out, updated, and modified, as
appropriate;
‘‘(3) is consistent with the purpose of the Indi-
viduals with Disabilities Education Act;
‘‘(4) contains an appropriate balance across all
age ranges and types of children with disabilities;
‘‘(5) provides for research that is objective and
uses measurable indicators to assess its progress and
results;
‘‘(6) is coordinated with the comprehensive plan
developed under section 661 of the Individuals with
Disabilities Education Act; and
‘‘(7) provides that the research conducted under
part D of the Individuals with Disabilities Education
Act is relevant to special education practice and pol-
icy.
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‘‘(d) GRANTS, CONTRACTS, AND COOPERATIVE AGREE-
MENTS.—In carrying out the duties under this section, the
Director may award grants to, or enter into contracts or
cooperative agreements with, eligible entities.
‘‘(e) APPLICATIONS.—An eligible entity that wishes to
receive a grant, or enter into a contract or cooperative
agreement, under this part shall submit an application to
the Director at such time, in such manner, and containing
such information as the Director may require.
‘‘(f) DISSEMINATION.—The Special Education Re-
search Center shall—
‘‘(1) synthesize and disseminate, through the Na-
tional Center for Education Evaluation and Regional
Assistance, the findings and results of special edu-
cation research conducted or supported by the Special
Education Research Center; and
‘‘(2) assist the Director in the preparation of a
biennial report, as described in section 119.
‘‘(g) AUTHORIZATION
OF APPROPRIATIONS.—There
are authorized to be appropriated to carry out this part
such sums as may be necessary for each of fiscal years 2004
through 2009.’’.
(b) CONFORMING AMENDMENTS.—
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(1) EDUCATION
SCIENCES
REFORM
ACT
OF
2002.—The Education Sciences Reform Act of 2002
(20 U.S.C. 9501 et seq.) is amended—
(A) in section 111(b)(1)(A) (20 U.S.C.
9511(b)(1)(A)), by inserting ‘‘and special edu-
cation’’ after ‘‘early childhood education’’.
(B) 
in 
section 
111(c)(3) 
(20 
U.S.C.
9511(c)(3))—
(i) in subparagraph (B), by striking
‘‘and’’ after the semicolon;
(ii) in subparagraph (C), by striking
the period and inserting ‘‘; and’’; and
(iii) by adding at the end the fol-
lowing:
‘‘(D) the National Center for Special Edu-
cation Research (as described in part E).’’;
(C) in section 115(a) (20 U.S.C. 9515(a)),
by striking ‘‘including those’’ and all that follows
through ‘‘such as’’ and inserting ‘‘including those
associated with the goals and requirements of the
Elementary and Secondary Education Act of
1965 (20 U.S.C. 6301 et seq.), the Individuals
with Disabilities Education Act (20 U.S.C. 1400
et seq.), and the Higher Education Act of 1965
(20 U.S.C. 1001 et seq.), such as’’; and
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(D) in section 116(c)(4)(A)(ii) (20 U.S.C.
9516(c)(4)(A)(ii) is amended by inserting ‘‘spe-
cial education experts,’’ after ‘‘early childhood
experts,’’.
(2) ELEMENTARY
AND
SECONDARY
EDUCATION
ACT OF 1965.—Section 1117(a)(3) of the Elementary
and Secondary Education Act of 1965 (20 U.S.C.
6317(a)(3)) is amended by striking ‘‘part E’’ and in-
serting ‘‘part D’’.
(c) TRANSITION PROVISIONS.—
(1) 
ORDERLY
TRANSITION.—Notwithstanding
any other provision of law, the Secretary of Edu-
cation shall take such steps as are necessary to pro-
vide for the orderly transition to, and implementation
of, part E of the Education Science Reform Act of
2002, as enacted by subsection (a), from research ac-
tivities carried out under section 672 of the Individ-
uals with Disabilities Education Act (as such section
was in effect on the day before the date of enactment
of this Act).
(2) CONTINUATION OF AWARDS.—The Secretary
of Education shall continue research awards made
under section 672 of the Individuals with Disabilities
Education Act (as such section was in effect on the
day before the date of enactment of this Act) that are
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in effect on the day before the date of enactment of
this Act in accordance with the terms of those awards.
(d) EFFECTIVE DATES.—Notwithstanding any other
provision of law—
(1) the amendments made by subsections (a) and
(b) of this section shall take effect on October 1, 2004;
and
(2) section 672 of the Individuals with Disabil-
ities Education Act (as such section was in effect on
the day before the date of enactment of this Act) shall
remain in effect through September 30, 2004.
SEC. 302. NATIONAL BOARD FOR EDUCATION SCIENCES.
Section 116(c)(9) of the Education Sciences Reform
Act of 2002 (20 U.S.C. 9516(c)(9)) is amended by striking
the third sentence and inserting the following: ‘‘Meetings
of the Board are subject to section 552b of title 5, United
States Code (commonly referred to as the Government in
the Sunshine Act).’’.
SEC. 303. REGIONAL ADVISORY COMMITTEES.
Section 206(d)(3) of the Education Sciences Reform
Act of 2002 (20 U.S.C. 9605(d)(3)) is amended by striking
‘‘Academy’’ and inserting ‘‘Institute’’.
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TITLE IV—COMMISSION ON UNI-
VERSAL DESIGN AND THE AC-
CESSIBILITY OF CURRICULUM
AND INSTRUCTIONAL MATE-
RIALS
SEC. 401. COMMISSION ON UNIVERSAL DESIGN AND THE
ACCESSIBILITY OF CURRICULUM AND IN-
STRUCTIONAL MATERIALS.
(a) ESTABLISHMENT AND PURPOSE.—
(1) ESTABLISHMENT.—There is established a
Commission (hereafter in this section referred to as
the ‘‘Commission’’) to study, evaluate, and make ap-
propriate recommendations to the Congress and to the
Secretary on universal design and accessibility of cur-
riculum and instructional materials for use by all
children, with a particular focus on children with dis-
abilities, in elementary schools and secondary schools.
(2) PURPOSE.—The purpose of the Commission
is—
(A) to survey the issues related to improv-
ing access to curriculum and instructional mate-
rials for children with disabilities, with and
without assistive technologies;
(B) to study the benefits, current or poten-
tial costs, and challenges of developing and im-
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plementing a standard definition of the term
universal design as a means to achieve accessi-
bility of curriculum and instructional materials,
and as the Commission determines necessary, to
recommend a definition for the term universal
design, or other terms, taking into consideration
educational objectives, investment of resources,
state of technology, and effect on development of
curriculum and instructional materials;
(C) to examine issues related to the need for
and current availability and accessibility of cur-
riculum and instructional materials for use in
elementary schools and secondary schools by chil-
dren with disabilities, gaps in or conflicts among
relevant technical standards, educational qual-
ity, availability of instructional materials, tech-
nical standards, intellectual property rights, and
the economic and technical feasibility of imple-
menting any recommended definitions; and
(D) to provide the Congress and the Sec-
retary, not later than 24 months after the date
of enactment of this Act, the report described in
subsection (d).
(b) MEMBERSHIP.—
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(1) COMPOSITION.—The Commission shall be
composed of 21 members, of which—
(A) 3 members shall be appointed by the
Majority Leader of the Senate;
(B) 2 members shall be appointed by the
Minority Leader of the Senate;
(C) 3 members shall be appointed by the
Speaker of the House of Representatives;
(D) 2 members shall be appointed by the
Minority Leader of the House;
(E) 8 members shall be appointed by the
Secretary including representatives of States,
local educational agencies, publishers of instruc-
tional material, individuals with disabilities,
technical standard setting bodies, and authorized
entities as defined in section 121(c)(1) of title
17, United States Code; and
(F) 3 members shall be appointed by the
Registrar of Copyrights.
(2) EXPERTISE OF COMMISSIONERS.—All mem-
bers of the Commission shall be individuals who have
been appointed on the basis of technical qualifica-
tions, professional expertise, and demonstrated knowl-
edge and shall include at least 4 representatives of
each of the following:
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(A) publishers of instructional materials,
including of textbooks, software, and other print,
electronic, or digital curricular materials;
(B) elementary and secondary education,
including teachers, special educators, and State
and local education officials or administrators;
(C) researchers in the fields of disabilities,
technology, and accessible media;
(D) experts in intellectual property rights;
and
(E) advocates of children with disabilities,
including parents of blind, visually impaired,
deaf, hearing impaired, physically challenged,
cognitively impaired, or learning disabled, or
representatives of organizations that advocate for
such children.
(3) DATE.—The appointment of the members of
the Commission shall be made not later than 60 days
after the date of enactment of this Act.
(4) PERIOD OF APPOINTMENT AND VACANCIES.—
Members shall be appointed for the life of the Com-
mission. Any vacancy in the Commission shall not af-
fect its powers, but shall be filled in the same manner
as the original appointment.
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(5) INITIAL MEETING.—Not later than 45 days
after the date on which all members of the Commis-
sion have been appointed, the Commission shall hold
the Commission’s first meeting.
(6) MEETINGS.—The Commission shall meet at
the call of the Chairperson.
(7) QUORUM.—A majority of the members of the
Commission shall constitute a quorum, but a lesser
number of members may hold hearings.
(8) CHAIRPERSON AND VICE CHAIRPERSON.—The
Commission shall select a chairperson and vice chair-
person from among the members of the Commission.
(c) DUTIES OF THE COMMISSION.—The Commission
shall study and make recommendations to Congress and the
Secretary regarding—
(1) the purposes of the Commission described in
subsection (a)(2);
(2) priority topics for additional research;
(3) the availability and accessibility of curricula
and instructional materials, including print, soft-
ware, CD–ROM, video, and Internet, for use in ele-
mentary schools and secondary schools by children
with disabilities, including—
(A) the numbers of affected children with
disabilities, by grade, age, and type of disability;
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(B) the technical and other means by which
such materials are made accessible, such as as-
sistive technologies, electronic versions, large
print, closed captioning, video description, and
Braille, and any conflicts between relevant tech-
nical standards by which instructional materials
are made accessible;
(C) the steps taken by State and local edu-
cational agencies to support accessibility, includ-
ing through State adoption and procurement
policies, the acquisition and integration of as-
sistive technology, and any State and local re-
quirements or standards;
(D) timeliness of receipt of such materials
by children with disabilities; and
(E) continued barriers to access to such ma-
terials; and
(4) the potential and likely effects of providing
accessible or universally designed materials for all
students in elementary schools and secondary schools,
with a particular focus on children with disabilities,
including—
(A) an analysis of the current and potential
costs to develop and provide accessible instruc-
tional materials, with and without specialized
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formats, to publishers, States, local educational
agencies, schools, and others, broken down by—
(i) type of disability, including phys-
ical, sensory, and cognitive disability;
(ii) type of instructional materials, in-
cluding by grade and by basal and supple-
mental materials; and
(iii) type of media, including print,
electronic, software, web-based, audio, and
video; and
(B) an analysis of the effects of any rec-
ommended definitions regarding—
(i) the availability and quality of in-
structional materials for nondisabled stu-
dents, and innovation in the development
and delivery of these materials;
(ii) State learning content standards
that are media-, skill-, or pedagogically-
based and may therefore be compromised;
(iii) prices of instructional materials
and the impact of the definitions on State
and local budgets; and
(iv) intellectual property rights in con-
nection with the development, distribution,
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and use of curriculum and instructional
materials.
(d) PUBLIC HEARINGS.—As part of the study con-
ducted under this subsection, the Commission shall hold
public hearings, including through the use of the Internet
or other technologies, for the purposes referred to in sub-
section (a).
(e) REPORT.—
(1) INTERIM REPORT.—Not later than 12 months
after the establishment of the Commission, the Com-
mission shall provide to the Secretary and Congress
an interim report on the Commission’s activities dur-
ing the Commission’s first year and any preliminary
findings.
(2) FINAL REPORT.—Not later than 24 months
after the establishment of the Commission, the Com-
mission shall submit a report to the Secretary and
Congress that shall contain—
(A) recommendations determined necessary
regarding definitions of the terms described in
subsection (a)(2)(B);
(B) recommendations for additional re-
search; and
(C) a detailed statement of the findings and
conclusions of the Commission resulting from the
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study of the issues identified in subsection
(a)(2)(C).
(f) POWERS OF THE COMMISSION.—
(1) AUTHORITY OF COMMISSION.—The Commis-
sion may hold such hearings, convene and act at such
times and places, take such testimony, and receive
such evidence, as the Commission considers necessary
to carry out the responsibilities of the Commission.
(2) USE OF MAIL.—The Commission may use the
United States mails in the same manner and under
the same conditions as other departments and agen-
cies of the Federal Government.
(3) GIFTS.—The Commission may accept, use,
and dispose of gifts or donations of services or prop-
erty.
(4) COMPENSATION.—Except as provided in
paragraph (5), each member of the Commission who
is not an officer or employee of the Federal Govern-
ment shall serve without compensation. All members
of the Commission who are officers or employees of the
United States shall serve without compensation in ad-
dition to that received for their services as officers or
employees of the United States.
(5) PER DIEM.—The members of the Commission
shall be allowed travel expenses, including per diem
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in lieu of subsistence, at rates authorized for employ-
ees of agencies under subchapter I of chapter 57 of
title 5, United States Code, while away from their
homes or regular places of business in the perform-
ance of services for the Commission.
(6) EMPLOYMENT AND COMPENSATION OF EM-
PLOYEES.—Except as otherwise provided in this sec-
tion and consistent with section 3161 of title 5,
United States Code, the Chairperson may appoint, fix
the compensation of, and terminate an executive di-
rector and such additional employees as may be nec-
essary to enable the Commission to perform the Com-
mission’s duties.
(7) DETAILING OF FEDERAL EMPLOYEES.—Any
Federal Government employee may be detailed to the
Commission without reimbursement, and such detail
shall be without interruption or loss of civil service
status or privilege.
(8) TEMPORARY
AND
INTERMITTENT
SERV-
ICES.—The Chairperson of the Commission may pro-
cure temporary and intermittent services under sec-
tion 3109(b) of title 5, United States Code, at rates
for individuals that do not exceed the daily equivalent
of the annual rate of basic pay prescribed for level V
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of the Executive Schedule under section 5316 of such
title.
(g) TERMINATION OF THE COMMISSION.—The Com-
mission shall terminate on the date that is 90 days after
the date on which the Commission submits its final report
under subsection (e)(2).
(h) AUTHORIZATION OF APPROPRIATIONS.—
(1) AUTHORIZATION.—There are authorized to be
appropriated $750,000 for fiscal year 2004, and such
sums as necessary for fiscal year 2005 to carry out
the provisions of this section.
(2) AVAILABILITY.—Any sums appropriated
under the authorization contained in this subsection
shall remain available, without fiscal year limitation,
until expended.
TITLE V—MISCELLANEOUS
SEC. 501. AMENDMENT TO CHILDREN’S HEALTH ACT OF
2000.
Section 1004 of the Children’s Health Act of 2000 (42
U.S.C. 285g note) is amended—
(1) in subsection (b), by striking ‘‘Agency’’ and
inserting ‘‘Agency, and the Department of Edu-
cation’’; and
(2) in subsection (c)—
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(A) in paragraph (2), by striking ‘‘and’’
after the semicolon;
(B) in paragraph (3), by striking the period
at the end and inserting ‘‘; and’’; and
(C) by adding at the end the following:
‘‘(4) be conducted in compliance with section 444
of the General Education Provisions Act (20 U.S.C.
1232g), including the requirement of prior parental
consent for the disclosure of any education records, ex-
cept without the use of authority or exceptions grant-
ed to authorized representatives of the Secretary of
Education for the evaluation of Federally-supported
education programs or in connection with the enforce-
ment of the Federal legal requirements that relate to
such programs.’’.
SEC. 502. GAO REVIEW OF CHILD MEDICATION USAGE.
(a) REVIEW.—The Comptroller General shall conduct
a review of—
(1) the extent to which personnel in schools ac-
tively influence parents in pursuing a diagnosis of at-
tention deficit disorder and attention deficit hyper-
activity disorder;
(2) the policies and procedures among public
schools in allowing school personnel to distribute con-
trolled substances; and
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(3) the extent to which school personnel have re-
quired a child to obtain a prescription for substances
covered by section 202(c) of the Controlled Substances
Act (21 U.S.C. 812(c)) to treat attention deficit dis-
order, attention deficit hyperactivity disorder, or
other attention deficit-related illnesses or disorders, in
order to attend school or be evaluated for services
under the Individuals with Disabilities Education
Act.
(b) REPORT.—Not later than 1 year after the date of
enactment of this Act, the Comptroller General shall pre-
pare and submit to Congress a report that contains the re-
sults of the review under subsection (a).
Attest:
Secretary.