Individuals with Disabilities Education Act Amendments of 1997
PL 105-17 (H.R.5), enacted 06/04/1997

PUBLIC LAW 105-17-JUNE 4, 1997 
111 STAT. 37 
Public Law 105-17 
105th Congress 
An Act 
To amend the Individuals with Disabilities Education Act, to reauthorize and make 
improvements to that Act, and for other purposes. 
Be it enacted by the Senate and House of Representatives 
of 
the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the 
Education Act Amendments of 1997". 
'Individuals with DisabiHties 
TITLE 
I—AMENDMENTS 
TO 
THE 
INDIVIDUALS 
WITH 
DISABILITIES 
EDUCATION ACT 
June 4, 1997 
[H.R. 5] 
Individuals with 
DisabiUties 
Education Act 
Amendments of 
1997. 
Children, youth 
and families. 
Inter-
governmental 
relations. 
20 u s e 1400 
note. 
SEC. 101. AMENDMENTS TO THE INDIVIDUALS WITH DISABILITIES 
EDUCATION ACT. 
Parts A through D of the Individuals with DisabiUties 
Education Act (20 U.S.C. 1400 et seq.) are amended to read as 
follows: 
"PART A—GENERAL PROVISIONS 
"SEC. 601. SHORT TITLE; TABLE OF CONTENTS; FINDINGS; PURPOSES. 
20 USC 1400. 
"(a) SHORT TiTLE.^This Act may be cited as the 'Individuals 
with Disabilities Education Act'. 
"(b) TABLE OF CONTENTS.—The table of contents for this Act 
is as follows: 
"PART A—GENERAL PROVISIONS 
"Sec. 601. Short title; table of contents; findings; purposes. 
"Sec. 602. Definitions. 
"Sec. 603. Office of Special Education Programs. 
"Sec. 604. Abrogation of State sovereign immunity. 
"Sec. 605. Acquisition of equipment; construction or alteration of facilities. 
"Sec. 606. Employment of in(feviduals with disabilities. 
"Sec. 607. Requirements for prescribing regulations. 
"PART B—^ASSISTANCE FOR EDUCATION OF ALL CHILDREN WITH DISABILITIES 
"Sec. 611. Authorization; allotment; use of funds; authorization of appropriations. 
"Sec. 612. State eligibility. 
"Sec. 613. Local educationad agency eligibility. 
"Sec. 614. Evaluations, 
eligibility 
determinations, 
individualized 
education 
programs, and educational placements. 
"Sec. 615. Procedural safeguards. 
"Sec. 616. Withholding and judicial review. 
"Sec. 617. Administration. 
I l l STAT. 38 
PUBLIC LAW 105-17^JUNE 4, 1997 
"Sec. 618. Program information. 
"Sec. 619. Preschool grants. 
"PART C—INFANTS AND TODDLERS WITH DISABILITIES 
"Sec. 631. Findings and policy. 
"Sec. 632. Definitions. 
"Sec. 633. General authority. 
"Sec. 634. Eligibility. 
"Sec. 635. Requirements for statewide system. 
"Sec. 636. Individualized family service plan. 
"Sec. 637. State application and assurances. 
"Sec. 638. Uses of mnds. 
"Sec. 639. Procedural safeguards. 
"Sec. 640. Payor of last resort. 
"Sec. 641. State Interagency Coordinating Council. 
"Sec. 642. Federal administration. 
"Sec. 643. Allocation of funds. 
"Sec. 644. Federal Interagency Coordinating Council. 
"Sec. 645. Authorization of appropriations. 
"PART D—NATIONAL ACTIVITIES TO IMPROVE EDUCATION OF CHILDREN WITH 
DISABILITIES 
"SUBPART 1—STATE PROGRAM IMPROVEMENT GRANTS FOR CHILDREN WITH DISABILITIES 
"Sec. 651. Findings and purpose. 
"Sec. 652. Eligibility and collaborative process. 
"Sec. 653. Applications. 
"Sec. 654. Use of funds. 
"Sec. 655. Minimum State grant amounts. 
"Sec. 656. Authorization of appropriations. 
"SUBPART 2—COORDINATED RESEARCH, PERSONNEL PREPARATION, TECHNICAL 
ASSISTANCE, SUPPORT, AND DISSEMINATION OF INFORMATION 
"Sec. 661. Administrative provisions. 
"CHAPTER 1—IMPROVING EARLY INTERVENTION, EDUCATIONAL, AND TRANSITIONAL 
SERVICES AND RESULTS FOR CHILDREN WITH DISABILITIES THROUGH COORDINATED 
RESEARCH AND PERSONNEL PREPARATION 
"Sec. 671. Findings and purpose. 
"Sec. 672. Research and innovation to improve services and results for children 
with disabilities. 
i 
"Sec. 673. Personnel preparation to improve services and results for children with 
disabiUties. 
"Sec. 674. Studies and evaluations. 
"CHAPTER 2—IMPROVING EARLY INTERVENTION, EDUCATIONAL, AND TRANSITIONAL 
SERVICES AND RESULTS FOR CHILDREN WITH DISABILITIES THROUGH COORDINATED 
TECHNICAL ASSISTANCE, SUPPORT, AND DISSEMINATION OF INFORMATION 
"Sec. 681. Findings and purposes. 
"Sec. 682. Parent training and information centers. 
"Sec. 683. Community parent resource centers. 
"Sec. 684. Technical assistance for parent training and information centers. 
"Sec. 685. Coordinated technical assistance and dissemination. 
"Sec. 686. Authorization of appropriations. 
"Sec. 687. Technology development, demonstration, and utilization, and media 
services. 
"(c) FINDINGS.—^The Congress finds the following: 
"(1) Disability is a natural part of the hun^an experience 
and in no way diminishes the right of individuals to participate 
in or contribute to society. Improving educational results for 
children with disabilities is an essential element of our national 
policy of ensuring equality of opportunity, full participation, 
independent living, and economic self-sufficiency for individuals 
with disabilities. 
"(2) Before the date of the enactment of the Education 
for All Handicapped Children Act of 1975 (Public Law 94-
142)— 
PUBLIC LAW 105-17-JUNE 4, 1997 
111 STAT. 39 
"(A) the special educational needs of children with 
disabilities were not being fully met; 
"(B) more than one-half of the children with disabilities 
in the United States did not receive appropriate educational 
services that would enable such children to have full equal-
ity of opportunity; 
"(C) 1,000,000 of the children with disabilities in the 
United States were excluded entirely from the public school 
system and did not go through the educational process 
with their peers; 
"(D) there were many children with 
disabilities 
throughout the United States participating in regular 
school programs whose disabilities prevented such children 
from having a successful educational experience because 
their disabilities were undetected; and 
"(E) because of the lack of adequate services within 
the public school system, families were often forced to 
find services outside the public school system, often at 
great distance from their residence and at their own 
expense. 
"(3) Since the enactment and implementation of the Edu-
cation for All Handicapped Children Act of 1975, this Act 
has been successful in ensuring children with disabilities and 
the families of such children access to a free appropriate public 
educc^tion and in improving educational results for children 
with disabilities. 
"(4) However, the implementation of this Act has been 
impeded by low expectations, and an insufficient focus on apply-
ing replicable research on proven methods of teaching and 
learning for children with disabilities. 
"(5) Over 20 years of research and experience has dem-
onstrated that the education of children with disabilities can 
be made more effective by— 
"(A) having high expectations for such children and 
ensuring their access in the general curriculum to the 
maximum extent possible; 
"(B) strengthening the role of parents and ensuring 
that families of such children have meaningful opportuni-
ties to participate in the education of their children at 
school and at home; 
"(C) coordinating this Act with other local, educational 
service agency. State, and Federal school improvement 
efforts in order to ensure that such children benefit from 
such efforts and that special education can become a service 
for such children rather than a place where they are sent; 
"(D) providing appropriate 
special education 
and 
related services and aids and supports in the regular class-
room to such children, whenever appropriate; 
"(E) supporting high-quality, intensive professional 
development for all personnel who work with such children 
in order to ensure that they have the skills and knowledge 
necessary to enable them— 
"(i) to meet developmental goals and, to the maxi-
mum extent possible, those challenging expectations 
that have been established for all children; and 
"(ii) to be prepared to lead productive, independent, 
adult lives, to the maximum extent possible; 
I l l STAT. 40 
PUBLIC LAW 105-17^JUNE 4, 1997 
"(F) providing incentives for whole-school approaches 
and pre-referral intervention to reduce the need to label 
children as disabled in order to address their learning 
needs; and 
"(G) focusing resources on teaching and learning while 
reducing paperwork and requirements that do not assist 
in improving educational results. 
"(6) While States, local educational agencies, and edu-
cational service agencies are responsible for providing an 
education for all children with disabilities, it is in the national 
interest that the Federal Government have a role in assisting 
State and local efforts to educate children with disabilities 
in order to improve results for such children and to ensure 
equal protection of the law. 
"(7)(A) The Federal Government must be responsive to 
the growing needs of an increasingly more diverse society. 
A more equitable allocation of resources is essential for the 
Federal Government to meet its responsibility to provide an 
equal educational opportunity for all individuals. 
"(B) America's racial profile is rapidly changing. Between 
1980 and 1990, the rate of increase in the population for white 
Americans was 6 percent, while the rate of increase for racial 
and ethnic minorities was much higher: 53 percent for His-
panics, 13.2 percent for African-Americans, and 107.8 percent 
for Asians. 
"(C) By the year 2000, this Nation will have 275,000,000 
people, nearly one of every three of whom will be either African-
American, Hispanic, Asian-American, or American Indian. 
"(D) Taken together as a group, minority children are 
comprising an ever larger percentage of public school students. 
Large-city school populations are overwhelmingly minority, for 
example: for fall 1993, the figure for Miami was 84 percent; 
Chicago, 89 percent; Philadelphia, 78 percent; Baltimore, 84 
percent; Houston, 88 percent; and Los Angeles, 88 percent. 
"(E) Recruitment efforts within special education must 
focus on bringing larger numbers of minorities into the profes-
sion in order to provide appropriate practitioner knowledge, 
role models, and sufficient manpower to address the clearly 
changing demography of special education. 
"(F) The limited English proficient population is the fastest 
growing in our Nation, and the growth is occurring in many 
parts of our Nation. In the Nation's 2 largest school districts, 
limited English proficient students make up almost half of 
all students initially entering school at the kindergarten level. 
Studies have documented apparent discrepancies in the levels 
of referral and placement of limited English proficient children 
in special education. The Department of Education has found 
that services provided to limited English proficient students 
often do not respond primarily to the pupil's academic needs. 
These trends pose special challenges for special education in 
the referral, assessment, and services for our Nation's students 
from non-English language backgrounds. 
"(8)(A) Greater efforts are needed to prevent the intensifica-
tion of problems connected with mislabeling and high dropout 
rates among minority children with disabilities. 
PUBLIC LAW 105-17-^UNE 4, 1997 
111 STAT. 41 
"(B) More minority children continue to be served in special 
education than would be expected from the percentage of minor-
ity students in the general school population. 
"(C) Poor African-American children are 2.3 times more 
likely to be identified by their teacher as having mental retarda-
tion than their white counterpart. 
"(D) Although African-Americans represent 16 percent of 
elementary and secondary enrollments, they constitute 21 per-
cent of total enrollments in special education. 
"(E) The drop-out rate is 68 percent higher for minorities 
than for whites. 
"(F) More than 50 percent of minority students in large 
cities drop out of school. 
"(9)(A) The opportunity for full participation in awards 
for grants and contracts; boards of organizations receiving funds 
under this Act; and peer review panels; and training of profes-
sionals in the area of special education by minority individuals, 
organizations, and historically black colleges and universities 
is essential if we are to obtain greater success in the education 
of minority children with disabilities. 
"(B) In 1993, of the 915,000 college and university profes-
sors, 4.9 percent were African-American and 2.4 percent were 
Hispanic. Of the 2,940,000 teachers, prekindergarten through 
high school, 6.8 percent were African-American and 4.1 percent 
were Hispanic. 
"(C) Students from minority groups comprise more than 
50 percent of K-12 public school enrollment in seven States 
yet minority enrollment in teacher training programs is less 
than 15 percent in all but six States. 
"(D) As the number of African-American and Hispanic stu-
dents in special education increases, the number of minority 
teachers and related service personnel produced in our colleges 
and universities continues to decrease. 
"(E) Ten years ago, 12 percent of the United States teaching 
force in public elementary and secondary schools were members 
of a minority group. Minorities comprised 21 percent of the 
national population at that time and were clearly underrep-
resented then among employed teachers. Today, the elementary 
and secondary teaching force is 13 percent minority, while 
one-third of the students in public schools are minority children. 
"(F) As recently as 1991, historically black colleges and 
universities enrolled 44 percent of the African-American teacher 
trainees in the Nation. However, in 1993, historically black 
colleges and universities received only 4 percent of the discre-
tionary funds for special education and related services person-
nel training under this Act. 
"(G) While African-American students constitute 28 percent 
of total enrollment in special education, only 11.2 percent of 
individuals enrolled in preservice training programs for special 
education are African-American. 
"(H) In 1986-87, of the degrees conferred in education 
at the B.A., M.A., and Ph.D. levels, only 6, 8, and 8 percent, 
respectively, were awarded to African-American or Hispanic 
students. 
"(10) Minorities and underserved persons are socially dis-
advantaged because of the lack of opportunities in training 
and educational programs, undergirded by the practices in the 
39-194 O - 97 - 3 ; QL 3 Part 1 
I l l STAT. 42 
PUBLIC LAW 105-17-^JUNE 4, 1997 
private sector that impede their full participation in the main-
stream of society. 
"(d) PURPOSES.—The purposes of this title are— 
"(1)(A) to ensure that all children with disabilities have 
available to them a free appropriate public education that 
emphasizes special education and related services designed to 
meet their unique needs and prepare them for employment 
and independent living; 
"(B) to ensure that the rights of children with disabilities 
and parents of such children are protected; and 
"(C) to assist States, localities, educational service agencies, 
and Federal agencies to provide for the education of all children 
with disabilities; 
"(2) to assist States in the implementation of a statewide, 
comprehensive, coordinated, multidisciplinary, interagency sys-
tem of early intervention services for infants and toddlers with 
disabilities and their families; 
"(3) to ensure that educators and parents have the nec-
essary tools to improve educational results for children with 
disabilities by supporting systemic-change activities; coordi-
nated 
research 
and 
personnel 
preparation; 
coordinated 
technical assistance, dissemination, and support; and tech-
nology development and media services; and 
"(4) to assess, and ensure the effectiveness of, efforts to 
educate children with disabilities. 
20 use 1401. 
"SEC. 602. DEFINITIONS. 
"Except as otherwise provided, as used in this Act: 
"(1) ASSISTIVE TECHNOLOGY DEVICE.—The term 'assistive 
technology device' means any item, piece of equipment, or prod-
uct system, whether acquired commercially off the shelf, 
modified, or customized, that is used to increase, maintain, 
or improve functional capabilities of a child with a disability. 
"(2) ASSISTIVE TECHNOLOGY SERVICE.—The term 'assistive 
technology service' means any service that directly assists a 
child with a disability in the selection, acquisition, or use of 
an assistive technology device. Such term includes— 
"(A) the evaluation of the needs of such child, including 
a functional evaluation of the child in the child's customary 
environment; 
"(B) purchasing, leasing, or otherwise providing for 
the acquisition of assistive technology devices by such child; 
"(C) selecting, designing, fitting, customizing, adapting, 
applying, maintaining, repairing, or replacing of assistive 
technology devices; 
"(D) coordinating and using other therapies, interven-
tions, or services with assistive technology devices, such 
as those associated with existing education and rehabilita-
tion plans and programs; 
"(E) training or technical assistance for such child, 
or, where appropriate, the family of such child; and 
"(F) training or technical assistance for professionals 
(including individuals providing education and rehabilita-
tion services), employers, or other individuals who provide 
services to, employ, or are otherwise substantially involved 
in the major life functions of such child. 
"(3) CHILD WITH A DISABILITY.— 
PUBLIC LAW 105-17—JUNE 4, 1997 
111 STAT. 43 
"(A) IN GENERAL.—^The term 'child with a disability' 
means a child— 
"(i) with mental retardation, hearing impairments 
(including deafness), speech or language impairments, 
visual impairments (including blindness), serious emo-
tional disturbance (hereinafter referred to as 'emotional 
disturbance'), orthopedic impairments, autism, trau-
matic brain injury, other health impairments, or 
specific learning disabilities; and 
"(ii) who, by reason thereof, needs special edu-
cation and related services. 
"(B) CHILD AGED 3 THROUGH 9.—The term 'child with 
a disability' for a child aged 3 through 9 may, at the 
discretion of the State and the local educational agency, 
include a child— 
"(i) experiencing developmental delays, as defined 
by the State and as measured by appropriate diagnostic 
instruments and procedures, in one or more of the 
following 
areas: 
physical 
development, 
cognitive 
development, communication development, social or 
emotional development, or adaptive development; and 
"(ii) who, by reason thereof, needs special edu-
cation and related services. 
"(4) EDUCATIONAL SERVICE AGENCY.—^The term 'educational 
service agency'— 
"(A) means a regional public multiservice agency— 
"(i) authorized by State law to develop, manage, 
and provide services or programs to local educational 
agencies; and 
"(ii) recognized as an administrative agency for 
purposes of the provision of special education and 
related services provided within public elementary and 
secondary schools of the State; and 
"(B) includes any other public institution or agency 
having administrative control and direction over a public 
elementary or secondary school. 
"(5) ELEMENTARY SCHOOL.—^The term 'elementary school' 
means a nonprofit institutional day or residential school that 
provides elementary education, as determined under State law. 
"(6) EQUIPMENT.—The term 'equipment' includes— 
"(A) machinery, utilities, and built-in equipment and 
any necessary enclosures or structures to house such 
machinery, utilities, or equipment; and 
"(B) all other items necessary for the functioning of 
a particular facility as a facility for the provision of edu-
cational services, including items such as instructional 
equipment and necessary furniture; printed, published, and 
audio-visual instructional materials; telecommunications, 
sensory, and other technological aids and devices; and 
books, periodicals, documents, and other related materials. 
"(7) EXCESS COSTS.—^The term 'excess costs' means those 
costs that are in excess of the average annual per-student 
expenditure in a local educational agency during the preceding 
school year for an elementary or secondary school student, 
as may be appropriate, and which shall be computed after 
deducting— 
"(A) amounts received— 
I l l STAT. 44 
PUBLIC LAW 105-17—JUNE 4, 1997 
"(i) under part B of this title; 
"(ii) under part A of title I of the Elementary 
and Secondary Education Act of 1965; or 
"(iii) under part A of title VII of that Act; and 
"(B) any State or local funds expended for programs 
that would qualify for assistance under any of those parts. 
"(8) FREE APPROPRIATE PUBLIC EDUCATION.—^The term Tree 
appropriate public education' means special education and 
related services that— 
"(A) have been provided at public expense, under public 
, "^ 
supervision and direction, and without charge; 
"(B) meet the standards of the State educational 
agency; 
"(C) include an appropriate preschool, elementary, or 
secondary school education in the State involved; and 
"(D) are provided in conformity with the individualized 
education program required under section 614(d). 
"(9) INDIAN.—^The term Indian' means an individual who 
is a member of an Indian tribe. 
• 
"(10) INDIAN TRIBE.—The term 'Indian tribe' means any 
Federal or State Indian tribe, band, rancheria, pueblo, colony, 
or community, including any Alaska Native village or regional 
village corporation (as defined in or established under the 
Alaska Native Claims Settlement Act). 
"(11) 
INDIVIDUALIZED EDUCATION PROGRAM.—The term 
'individualized education program' or 'lEP' means a written 
statement for each child with a disability that is developed, 
reviewed, and revised in accordance with section 614(d). 
"(12) INDIVIDUALIZED FAMILY SERVICE PLAN.—^The term 
'individualized family service plan' has the meaning given such 
term in section 636. 
"(13) INFANT OR TODDLER WITH A DISABILITY.—^The term 
'infant or toddler with a disability' has the meaning given 
such term in section 632. 
"(14) 
INSTITUTION 
OF 
HIGHER 
EDUCATION.—^The term 
'institution of higher education'— 
"(A) has the meaning given that term in section 1201(a) 
of the Higher Education Act of 1965; and 
"(B) also includes any community college receiving 
funding from the Secretary of the Interior under the Trib-
ally Controlled Community College Assistance Act of 1978. 
"(15) LOCAL EDUCATIONAL AGENCY.— 
"(A) The term 'local educational agency' means a public 
b6ard of education or other public authority legally con-
stituted within a State for either administrative control 
or direction of, or to perform a service function for, public 
elementary or secondary schools in a city, county, township, 
school district, or other political subdivision of a State, 
or for such combination of school districts or counties as 
are recognized in a State as an administrative agency 
for its public elementary or secondary schools. 
"(B) The term includes— 
"(i) an educational service agency, as defined in 
paragraph (4); and 
"(ii) any other public institution or agency having 
administrative control and direction of a public 
elementary or secondary school. 
PUBLIC LAW 105-17-^UNE 4, 1997 
111 STAT. 45 
"(C) The term includes an elementary or secondary 
school funded by the Bureau of Indian Affairs, but only 
to the extent that such inclusion makes the school eligible 
for programs for which specific eligibility is not provided 
to the school in another provision of law and the school 
does not have a student population that is smaller than 
the student population of the local educational agency 
receiving assistance under this Act with the smallest stu-
dent population, except that the school shall not be subject 
to the jurisdiction of any State educational agency other 
than the Bureau of Indian Affairs. 
"(16) NATIVE LANGUAGE.—^The term 'native language', when 
used with reference to an individual of limited English pro-
ficiency, means the language normally used by the individual, 
or in the case of a child, the language normally used by the 
parents of the child. 
"(17) NONPROFIT.—^The term 'nonprofit', as applied to a 
school, agency, organization, or institution, means a school, 
agency, organization, or institution owned and operated by 
one or more nonprofit corporations or associations no part of 
the net earnings of which inures, or may lawfully inure, to 
the benefit of any private shareholder or individual. 
"(18) OUTLYING AREA.—^The term 'outlying area' means the 
United States Virgin Islands, Guam, American Samoa, and 
the Commonwealth of the Northern Mariana Islands. 
"(19) PARENT.—^The term 'parent'— 
"(A) includes a legal guardian; and 
"(B) except as used in sections 615(b)(2) and 639(a)(5), 
includes an individual assigned under either of those sec-
tions to be a surrogate parent. 
"(20) PARENT ORGANIZATION.—^The term 'parent organiza-
tion' has the meaning given that term in section 682(g). 
"(21) 
PARENT TRAINING AND INFORMATION CENTER.—The 
term 'parent training and information center' means a center 
assisted under section 682 or 683. 
"(22) 
RELATED 
SERVICES.—The term 'related services' 
means transportation, and such developmental, corrective, and 
other supportive services (including speech-language pathology 
and audiology services, psychological services, physical and 
occupational therapy, recreation, including therapeutic recre-
ation, social work services, counseling services, including 
rehabilitation counseling, orientation and mobility services, and 
medical services, except that such medical services shall be 
for diagnostic and evaluation purposes only) as may be required 
to assist a child with a disability to benefit from special edu-
cation, and includes the early identification and assessment 
of disabling conditions in children. 
"(23) SECONDARY SCHOOL.—^The term 'secondary school' 
means a nonprofit institutional day or residential school that 
provides secondary education, as determined under State law, 
except that it does not include any education beyond grade 
12. 
"(24) SECRETARY.—The term 'Secretary' means the Sec-
retary of Education. 
"(25) SPECIAL EDUCATION.—The term 'special education' 
means specially designed instruction, at no cost to parents, 
to meet the unique needs of a child with a disability, including— 
I l l STAT. 46 
PUBLIC LAW 105-17-^UNE 4, 1997 
"(A) instruction conducted in the classroom, in the 
home, in hospitals and institutions, and in other settings; 
and 
"(B) instruction in physical education. 
"(26) SPECIFIC LEARNING DISABILITY.— 
"(A) IN GENERAL.—The term 'specific learning disabil-
ity' means a disorder in one or more of the basic 
psychological processes involved in understanding or in 
using language, spoken or written, which disorder may 
manifest itself in imperfect ability to listen, think, speak, 
read, write, spell, or do mathematical calculations. 
"(B) DISORDERS INCLUDED.—Such term includes such 
conditions as perceptual disabilities, brain injury, minimal 
brain dysfunction, dyslexia, and developmental aphasia. 
"(C) DISORDERS NOT INCLUDED.—Such term does not 
include 
a 
learning 
problem 
that 
is 
primarily 
the 
result of visual, hearing, or motor disabilities, of mental 
retardation, of emotional disturbance, or of environmental, 
cultural, or economic disadvantage. 
"(27) STATE.—^The term 'State' means each of the 50 States, 
the District of Columbia, the Commonwealth of Puerto Rico, 
and each of the outlying areas. 
"(28) STATE EDUCATIONAL AGENCY.—^The term 'State edu-
cational agency' means the State board of education or other 
agency or officer primarily responsible for the State supervision 
of public elementary and secondary schools, or, if there is 
no such officer or agency, an officer or agency designated by 
the Governor or by State law. 
"(29) 
SUPPLEMENTARY 
AIDS AND SERVICES.—^The term 
'supplementary aids and services' means, aids, services, and 
other supports that are provided in regular education classes 
or other education-related settings to enable children with 
disabilities to be educated with nondisabled children to the 
maximum extent appropriate in accordance with section 
612(a)(5). 
"(30) TRANSITION SERVICES.—The term 'transition services' 
means a coordinated set of activities for a student with a 
disability that— 
"(A) is designed within an outcome-oriented process, 
which promotes movement from school to post-school 
activities, including post-secondary education, vocational 
training, 
integrated 
emplo3rment (including 
supported 
employment), continuing and adult education, adult serv-
ices, independent living, or community participation; 
"(B) is based upon the individual student's needs, tak-
ing into account the student's preferences and interests; 
and 
"(C) includes instruction, related services, community 
experiences, the development of employment and other 
post-school adult living objectives, and, when appropriate, 
acquisition of daily living skills and functional vocational 
evaluation. 
20 use 1402. 
"SEC. 603. OFFICE OF SPECIAL EDUCATION PROGRAMS. 
"(a) ESTABLISHMENT.—^There shall be, within the Office of Spe-
cial Education and Rehabilitative Services in the Department of 
Education, an Office of Special Education Programs, which shall 
PUBLIC LAW 1 0 5 - 1 7 ^ J U N E 4, 1997 
111 STAT. 47 
be the principal agency in such Department for administering and 
carrying out this Act and other programs and activities concerning 
the education of children with disabilities. 
"(b) DIRECTOR.—The Office established under subsection (a) 
shall be headed by a Director who shall be selected by the Secretary 
and shall report directly to the Assistant Secretary for Special 
Education and Rehabilitative Services. 
"(c) VOLUNTARY AND UNCOMPENSATED 
SERVICES.—Notwith-
standing section 1342 of title 31, United States Code, the Secretary 
is authorized to accept voluntary and uncompensated services in 
furtherance of the purposes of this Act. 
"SEC. 604. ABROGATION OF STATE SOVEREIGN IMMUNITY. 
20 USC 1403. 
"(a) IN GENERAL.—^A State shall not be immune under the 
eleventh amendment to the Constitution of the United States from 
suit in Federal court for a violation of this Act. 
"(b) REMEDIES.—In a suit against a State for a violation of 
this Act, remedies (including remedies both at law and in equity) 
are available for such a violation to the same extent as those 
remedies are available for such a violation in the suit against 
any public entity other than a State. 
"(c) EFFECTIVE DATE.—Subsections (a) and (b) apply with 
respect to violations that occur in whole or part after the date 
of the enactment of the Education of the Handicapped Act Amend-
ments of 1990. 
"SEC. 605. ACQUISITION OF EQUIPMENT; CONSTRUCTION OR ALTER- 
20 USC 1404. 
ATION OF FACILITIES. 
"(a) IN GENERAL.—If the Secretary determines that a program 
authorized under this Act would be improved by permitting program 
funds to be used to acquire appropriate equipment, or to construct 
new facilities or alter existing facilities, the Secretary is authorized 
to allow the use of those funds for those purposes. 
"(b) COMPLIANCE WITH CERTAIN REGULATIONS.—^Any construc-
tion of new facilities or alteration of existing facilities under 
subsection (a) shall comply with the requirements of— 
"(1) appendix A of part 36 of title 28, Code of Federal 
Regulations (commonly known as the 'Americans with Disabil-
ities Accessibility Guidelines for Buildings and Facilities'); or 
"(2) appendix A of part 101-19.6 of title 41, Code of Federal 
Regulations (commonly known as the 'Uniform Federal Acces-
sibility Standards'). 
"SEC. 606. EMPLOYMENT OF INDIVIDUALS WITH DISABILITIES. 
20 USC 1405. 
"The Secretary shall ensure that each recipient of assistance 
under this Act makes positive efforts to employ and advance in 
employment qualified individuals with disabilities in programs 
assisted under this Act. 
"SEC. 607. REQUIREMENTS FOR PRESCRIBING REGULATIONS. 
20 USC 1406. 
"(a) PUBLIC COMMENT PERIOD.—^The Secretary shall provide 
a public comment period of at least 90 days on any regulation 
proposed under part B or part C of this Act on which an opportunity 
for public comment is otherwise required by law. 
"(b) PROTECTIONS PROVIDED TO CHILDREN.—The Secretary may 
not implement, or publish in final form, any regulation prescribed 
pursuant to this Act that would procedurally or substantively lessen 
the protections provided to children with disabilities under this 
I l l STAT. 48 
PUBLIC LAW 105-17-^UNE 4, 1997 
Act, as embodied in regulations in effect on July 20, 1983 (particu-
larly as such protections relate to parental consent to initial 
evaluation or initial placement in special education, least restrictive 
environment, related services, timelines, attendance of evaluation 
personnel at individualized education program meetings, or quali-
fications of personnel), except to the extent that such regulation 
reflects the clear and unequivocal intent of the Congress in legisla-
tion. 
"(c) POLICY LETTERS AND STATEMENTS.—The Secretary may 
not, through policy letters or other statements, establish a rule 
that is required for compliance with, and eligibility under, this 
part without following the requirements of section 553 of title 
5, United States Code. 
"(d) 
CORRESPONDENCE FROM 
DEPARTMENT OF EDUCATION 
DESCRIBING INTERPRETATIONS OF THIS PART.— 
Federal Register, 
"(1) IN GENERAL.—The Secretary shall, on a quarterly basis, 
publication. 
publish in the Federal Register, and widely disseminate to 
interested entities through various additional forms of commu-
nication, a list of correspondence from the Department of 
Education received by individuals during the previous quarter 
that describes the interpretations of the Department of Edu-
cation of this Act or the regulations implemented pursuant 
to this Act. 
"(2) 
ADDITIONAL 
INFORMATION.—For 
each 
item of 
correspondence published in a list under paragraph (1), the 
Secretary shall identify the topic addressed by the correspond-
ence and shall include such other summary information as 
the Secretary determines to be appropriate. 
"(e) ISSUES OF NATIONAL SIGNIFICANCE.—If the 
Secretary 
receives a written 
request regarding a policy, question, or 
interpretation under part B of this Act, and determines that it 
raises an issue of general interest or applicability of national signifi-
cance to the implementation of part B, the Secretary shall— 
"(1) include a statement to that effect in any written 
response; 
"(2) widely disseminate that response to State educational 
agencies, local educational agencies, parent and advocacy 
organizations, and other interested organizations, subject to 
applicable laws relating to confidentiality of information; and 
"(3) not later than one year after the date on which the 
Secretary responds to the written request, issue written guid-
ance on such policy, question, or interpretation through such 
means as the Secretary determines to be appropriate and 
consistent with law, such as a policy memorandum, notice 
of interpretation, or notice of proposed rulemaking. 
"(f) EXPLANATION.—^Any written response by the Secretary 
under subsection (e) regarding a policy, question, or interpretation 
under part B of this Act shall include an explanation that the 
written response— 
"(1) is provided as informal guidance and is not legally 
binding; and 
"(2) represents the interpretation by the Department of 
Education of the applicable statutory or regulatory require-
ments in the context of the specific facts presented. 
PUBLIC LAW 105-17-JUNE 4, 1997 
111 STAT. 49 
"PART B—ASSISTANCE FOR EDUCATION OF 
ALL CHILDREN WITH DISABILITIES 
"SEC. 611. AUTHORIZATION; ALLOTMENT; USE OF FUNDS; AUTHORIZA- 
20 USC 1411. 
TION OF APPROPRIATIONS. 
"(a) GRANTS TO STATES.— 
"(1) PURPOSE OF GRANTS.—The Secretary shall make grants 
to States and the outlying areas, and provide funds to the 
Secretary of the Interior, to assist them to provide special 
education and related services to children with disabilities in 
accordance with this part. 
"(2) MAXIMUM AMOUNTS.—^The maximum amount of the 
grant a State may receive under this section for any fiscal 
year is— 
"(A) the number of children with disabilities in the 
State who are receiving special education and related serv-
ices— 
"(i) aged 3 through 5 if the State is eligible for 
a grant under section 619; and 
"(ii) aged 6 through 21; multiplied by 
"(B) 40 percent of the average per-pupil expenditure 
in public elementary and secondary schools in the United 
States. 
"(b) OUTLYING AREAS AND FREELY ASSOCIATED STATES.— 
"(1) FUNDS RESERVED.—From the amount appropriated for 
any fiscal year under subsection (j), the Secretary shall reserve 
not more than one percent, which shall be used— 
"(A) to provide assistance to the outlying areas in 
accordance with their respective populations of individuals 
aged 3 through 21; and 
"(B) for fiscal years 1998 through 2001, to carry out 
the competition described in paragraph (2), except that 
the amount reserved to carry out that competition shall 
not exceed the amount reserved for fiscal year 1996 for 
the competition under part B of this Act described under 
the heading "SPECIAL EDUCATION" in Public Law 104-
134. 
"(2) LIMITATION FOR FREELY ASSOCIATED STATES.— 
"(A) COMPETITIVE GRANTS.—^The Secretary shall use 
funds described in paragraph (1)(B) to award grants, on 
a competitive basis, to Guam, American Samoa, the 
Commonwealth of the Northern Mariana Islands, and the 
freely associated States to carry out the purposes of this 
part. 
"(B) AWARD BASIS.—The Secretary shall award grants 
under subparagraph (A) on a competitive basis, pursuant 
to the recommendations of the Pacific Region Educational 
Laboratory in Honolulu, Hawaii. Those recommendations 
shall be made by experts in the field of special education 
and related services. 
"(C) ASSISTANCE REQUIREMENTS.—^Any freely associ-
ated State that wishes to receive funds under this part 
shall include, in its application for assistance— 
"(i) information demonstrating that it will meet 
all conditions that apply to States under this part; 
I l l STAT. 50 
PUBLIC LAW 105-17-^UNE 4, 1997 
"(ii) an assurance that, notwithstanding any other 
provision of this part, it will use those funds only 
for the direct provision of special education and related 
services to children with disabilities and to enhance 
its capacity to make a free appropriate public education 
available to all children with disabilities; 
"(iii) the identity of the source and amount of 
funds, in addition to funds under this part, that it 
will make available to ensure that a free appropriate 
public education is available to all children with 
disabilities within its jurisdiction; and 
"(iv) such other information and assurances as the 
Secretary may require. 
"(D) TERMINATION OF ELIGIBILITY.—Notwithstanding 
any other provision of law, the freely associated States 
shall not receive any funds under this part for any program 
year that begins after September 30, 2001. 
"(E) ADMINISTRATIVE COSTS.—The Secretary may pro-
vide not more than five percent of the amount reserved 
for grants under this paragraph to pay the administrative 
costs of the Pacific Region Educational Laboratory under 
subparagraph (B). 
"(3) LIMITATION.—^An outlying area is not eligible for a 
competitive award under paragraph (2) unless it receives assist-
ance under paragraph (1)( 
A). 
"(4) SPECIAL RULE.—The provisions of Public Law 95-134, 
permitting the consolidation of grants by the outlying areas, 
shall not apply to funds provided to those areas or to the 
freely associated States under this section. 
"(5) ELIGIBILITY FOR DISCRETIONARY PROGRAMS.—^The freely 
associated States shall be eligible to receive assistance under 
1 
subpart 2 of part D of this Act until September 30, 2001. 
"(6) DEFINITION.—^As used in this subsection, the term 
'freely associated States' means the Republic of the Marshall 
Islands, the Federated States of Micronesia, and the Republic 
of Palau. 
"(c) SECRETARY OF THE INTERIOR.—From the amount appro-
priated for any fiscal year under subsection (j), the Secretary shall 
reserve 1.226 percent to provide assistance to the Secretary of 
the Interior in accordance with subsection (i). 
"(d) ALLOCATIONS TO STATES.— 
"(1) IN GENERAL.—^After reserving funds for studies and 
evaluations under section 674(e), and for payments to the outly-
ing areas and the Secretary of the Interior under subsections 
(b) and (c), the Secretary shall allocate the remaining amount 
among the States in accordance with paragraph (2) or sub-
section (e), as the case may be. 
"(2) INTERIM FORMULA.—Except as provided in subsection 
(e), the Secretary shall allocate the amount described in para-
graph (1) among the States in accordance with section 611(a)(3), 
(4), and (5) and (b)(1), (2), and (3) of this Act, as in effect 
prior to the enactment of the Individuals with Disabilities 
Education Act Amendments of 1997, except that the determina-
tion of the number of children with disabilities receiving special 
education and related services under such section 611(a)(3) 
may, at the State's discretion, be calculated as of the last 
PUBLIC LAW 105-17-^lJNE 4, 1997 
111 STAT. 51 
Friday in October or as of December 1 of the fiscal year for 
which the funds are appropriated. 
"(e) PERMANENT FORMULA.— 
"(1) ESTABLISHMENT OF BASE YEAR.—^The Secretary shall 
allocate the amount described in subsection (d)(1) among the 
States in accordance with this subsection for each fiscal year 
beginning with the first fiscal year for which the amount appro-
priated under subsection (j) is more than $4,924,672,200. 
"(2) USE OF BASE YEAR.— 
"(A) DEFINITION.—^As used in this subsection, the term 
'base year' means the fiscal year preceding the first fiscal 
year in which this subsection applies. 
"(B) SPECIAL RULE FOR USE OF BASE YEAR AMOUNT.— 
If a State received any funds under this section for the 
base year on the basis of children aged 3 through 5, but 
does not make a free appropriate public education available 
to all children with disabilities aged 3 through 5 in the 
State in any subsequent fiscal year, the Secretary shall 
compute the State's base year amount, solely for the pur-
pose of calculating the State's allocation in that subsequent 
year under paragraph (3) or (4), by subtracting the amount 
allocated to the State for the base year on the basis of 
those children. 
"(3) INCREASE IN FUNDS.—If the amount available for alloca-
tions to States under paragraph (1) is equal to or greater 
than the amount allocated to the States under this paragraph 
for the preceding fiscal year, those allocations shall be cal-
culated as follows: 
"(A)(i) Except as provided in subparagraph (B), the 
Secretary shall— 
"(I) allocate to each State the amount it received 
for the base year; 
"(II) allocate 85 percent of any remaining funds 
to States on the basis of their relative populations 
of children aged 3 through 21 who are of the same 
age as children with disabilities for whom the State 
ensures the availability of a free appropriate public 
education under this part; and 
"(III) allocate 15 percent of those remaining funds 
to States on the basis of their relative populations 
of children described in subclause (II) who are living 
in poverty. 
"(ii) For the purpose of making grants under this para-
graph, the Secretary shall use the most recent population 
data, including data on children living in poverty, that 
are available and satisfactory to the Secretary. 
"(B) Notwithstanding subparagraph (A), allocations 
under this paragraph shall be subject to the following: 
"(i) No State's allocation shall be less than its 
allocation for the preceding fiscal year. 
"(ii) No State's allocation shall be less than the 
greatest of— 
"(I) the sum of— 
"(aa) the amount it received for the base 
year; and 
"(bb) one third of one percent of the 
amount by which the amount appropriated 
I l l STAT. 52 
PUBLIC LAW 105-17—JUNE 4, 1997 
under subsection (j) exceeds the amount appro-
priated under this section for the base year; 
"(II) the sum of— 
"(aa) the amount it received for the 
preceding fiscal year; and 
"(bb) that 
amount multipHed by the 
percentage by which the increase in the funds 
appropriated from the preceding fiscal year 
exceeds 1.5 percent; or 
"(III) the sum of— 
"(aa) the amount it received for the 
preceding fiscal year; and 
"(bb) that amount multiplied by 90 percent 
of the percentage increase in the amount 
appropriated from the preceding fiscal year, 
"(iii) Notwithstanding clause (ii), no State's alloca-
tion under this paragraph shall exceed the sum of— 
"(I) the amount it received for the preceding 
fiscal year; and 
"(II) that amount multiplied by the sum of 
1.5 percent and the percentage increase in the 
amount appropriated. 
"(C) If the amount available for allocations under this 
paragraph is insufficient to pay those allocations in full, 
those allocations shall be ratably reduced, subject to 
subparagraph (B)(i). 
"(4) DECREASE IN FUNDS.—If the amount available for 
allocations to States under paragraph (1) is less than the 
amount allocated to the States under this section for the preced-
ing fiscal year, those allocations shall be calculated as follows: 
"(A) If the amount available for allocations "is greater 
than the amount allocated to the States for the base year, 
each State shall be allocated the sum of— 
"(i) the amount it received for the base year; and 
"(ii) an amount that bears the same relation to 
any remaining funds as the increase the State received 
for the preceding fiscal year over the base year bears 
to the total of all such increases for all States. 
"(B)(i) If the amount available for allocations is equal 
to or less than the amount allocated to the States for 
the base year, each State shall be allocated the amount 
it received for the base year. 
"(ii) If the amount available is insufficient to make 
the allocations described in clause (i), those allocations 
shall be ratably reduced. 
"(f) STATE-LEVEL ACTIVITIES.— 
"(1) GENERAL.— 
"(A) Each State may retain not more than the amount 
described in subparagraph (B) for administration and other 
State-level activities in accordance with paragraphs (2) and 
(3). 
"(B) For each fiscal year, the Secretary shall determine 
and report to the State educational agency an amount 
that is 25 percent of the amount the State received under 
this section for fiscal year 1997, cumulatively adjusted 
by the Secretary for each succeeding fiscal year by the 
lesser of— 
^3^";^' 
PUBLIC LAW 105-17-JUNE 4, 1997 
111 STAT. 53 
"(i) the percentage increase, if any, from the 
preceding fiscal year in the State's allocation under 
this section; or 
"(ii) the rate of inflation, as measured by the 
percentage increase, if any, from the preceding fiscal 
year in the Consumer Price Index For All Urban 
Consumers, published by the Bureau of Labor Statis-
tics of the Department of Labor. 
"(C) A State may use funds it retains under subpara-
graph (A) without regard to— 
"(i) the prohibition on commingling of funds in 
section 612(a)( 18)(B); and 
"(ii) the prohibition on supplanting other funds 
in section 612(a)(18)(C). 
"(2) STATE ADMINISTRATION.— 
"(A) For the purpose of administering this part, includ-
ing section 619 (including the coordination of activities 
under this part with, and providing technical assistance 
to, other programs that provide services to children with 
disabilities)— 
"(i) each State may use not more than twenty 
percent of the maximum amount it may retain under 
paragraph (1)(A) for any fiscal year or $500,000 
(adjusted by the cumulative rate of inflation since fiscal 
year 1998, as measured by the percentage increase, 
if any, in the Consumer Price Index For All Urban 
Consumers, published by the Bureau of Labor Statis-
tics of the Department of Labor), whichever is greater; 
and 
"(ii) each outlying area may use up to five percent 
of the amount it receives under this section for any 
fiscal year or $35,000, whichever is greater. 
"(B) Funds described in subparagraph (A) may also 
be used for the administration of part C of this Act, if 
the State educational agency is the lead agency for the 
State under that part. 
"(3) OTHER STATE-LEVEL ACTIVITIES.—^Each State shall use 
any funds it retains under paragraph (1) and does not use 
for administration under paragraph (2) for any of the following: 
"(A) Support and direct services, including technical 
assistance and personnel development and training. 
"(B) Administrative costs of monitoring and complaint 
investigation, but only to the extent that those costs exceed 
the costs incurred for those activities during fiscal year 
1985. 
"(C) To establish and implement the mediation process 
required by section 615(e), including providing for the costs 
of mediators and support personnel. 
"(D) To assist local educational agencies in meeting 
personnel shortages. 
"(E) To develop a State Improvement Plan under sub-
part 1 of part D. 
"(F) Activities at the State and local levels to meet 
the performance goals established by the State under 
section 612(a)(16) and to support implementation of the 
State Improvement Plan under subpart 1 of part D if 
the State receives funds under that subpart. 
I l l STAT. 54 
PUBLIC LAW 105-17—JUNE 4, 1997 
"(G) To supplement other amounts used to develop 
and implement a Statewide coordinated services system 
designed to improve results for children and families, 
including children with disabilities and their families, but 
not to exceed one percent of the amount received by the 
State under this section. This system shall be coordinated 
with and, to the extent appropriate, build on the system 
of coordinated services developed by the State under part 
C of this Act. 
"(H) For subgrants to local educational agencies for 
the purposes described in paragraph (4)(A). 
"(4)(A) SUBGRANTS TO LOCAL EDUCATIONAL AGENCIES FOR 
CAPACITY-BUILDING AND IMPROVEMENT.—In any fiscal year in 
which the percentage increase in the State's allocation under 
this section exceeds the rate of inflation (as measured by the 
percentage increase, if any, from the preceding fiscal year in 
the Consumer Price Index For All Urban Consumers, published 
by the Bureau of Labor Statistics of the Department of Labor), 
each State shall reserve, from its allocation under this section, 
the amount described in subparagraph (B) to make subgrants 
to local educational agencies, unless that amount is less than 
$100,000, to assist them in providing direct services and in 
making systemic change to improve results for children with 
disabilities through one or more of the following: 
"(i) Direct services, including alternative programming 
for children who have been expelled from school, and serv-
ices for children in correctional facilities, children enrolled 
in State-operated or State-supported schools, and children 
in charter schools. 
"(ii) Addressing needs or carrying out improvement 
strategies identified in the State's Improvement Plan under 
subpart 1 of part D. 
"(iii) Adopting promising practices, materials, and tech-
nology, based on knowledge derived from 
education 
research and other sources. 
"(iv) Establishing, expanding, or implementing inter-
agency agreements 
and 
arrangements 
between 
local 
educational agencies and other agencies or organizations 
concerning the provision of services to children with disabil-
ities and their families. 
"(v) Increasing cooperative problem-solving between 
parents and school personnel and promoting the use of 
alternative dispute resolution. 
"(B) MAXIMUM SUBGRANT.—^For each fiscal year, the amount 
referred to in subparagraph (A) is— 
"(i) the maximum amount the State was allowed to 
retain under paragraph (1)(A) for the prior fiscal year, 
or for fiscal year 1998, 25 percent of the State's allocation 
for fiscal year 1997 under this section; multiplied by 
"(ii) the difference between the percentage increase 
in the State's allocation under this section and the rate 
of inflation, as measured by the percentage increase, if 
any, from the preceding fiscal year in the Consumer Price 
Index For All Urban Consumers, published by the Bureau 
of Labor Statistics of the Department of Labor. 
"W^fe*^-
PUBLIC LAW 1 0 5 - 1 7 - ^ U N E 4, 1997 
111 STAT. 55 
"(5) REPORT ON USE OF FUNDS.—^As part of the information 
required to be submitted to the Secretary under section 612, 
each State shall annually describe— 
"(A) how amounts retained under paragraph (1) will 
be used to meet the requirements of this part; 
"(B) how those amounts will be allocated among the 
activities described in paragraphs (2) and (3) to meet State 
priorities based on input from local educational agencies; 
and 
"(C) the percentage of those amounts, if any, that will 
be distributed to local educational agencies by formula. 
"(g) SUBGRANTS TO LOCAL EDUCATIONAL AGENCIES.— 
"(1) SUBGRANTS REQUIRED.—Each State that receives a 
grant under this section for any fiscal year shall distribute 
any funds it does not retain under subsection (f) (at least 
75 percent of the grant funds) to local educational agencies 
in the State that have established their eligibility under section 
613, and to State agencies that received funds under section 
614A(a) of this Act for fiscal year 1997, as then in effect, 
and have established their eligibility under section 613, for 
use in accordance with this part. 
"(2) ALLOCATIONS TO LOCAL EDUCATIONAL AGENCIES.— 
"(A) INTERIM PROCEDURE.—^For each fiscal year for 
which funds are allocated to States under subsection (d)(2), 
each State shall allocate funds under paragraph (1) in 
accordance with section 611(d) of this Act, as in effect 
prior to the enactment of the Individuals with Disabilities 
Education Act Amendments of 1997. 
"(B) PERMANENT PROCEDURE.—For each fiscal year for 
which funds are allocated to States under subsection (e), 
each State shall allocate funds under paragraph (1) as 
follows: 
"(i) BASE PAYMENTS.—The State shall first award 
each agency described in paragraph (1) the amount 
that agency would have received under this section 
for the base year, as defined in subsection (e)(2)(A), 
if the State had distributed 75 percent of its grant 
for that year under section 611(d), as then in effect. 
"(ii) ALLOCATION OF REMAINING FUNDS.—^After 
making allocations under clause (i), the State shall— 
"(I) allocate 85 percent of any remaining funds 
to those agencies on the basis of the relative num-
bers of children enrolled in public and private 
elementary and secondary schools within the agen-
cy's jurisdiction; and 
"(II) allocate 15 percent of those remaining 
funds to those agencies in accordance with their 
relative numbers of children living in poverty, as 
determined by the State educational agency. 
"(3) FORMER CHAPTER i STATE AGENCIES.— 
"(A) To the extent necessary, the State— 
"(i) shall use funds that are available under sub-
section (f)(1)(A) to ensure that each State agency that 
received fiscal year 1994 funds under subpart 2 of 
part D of chapter 1 of title I of the Elementary and 
Secondary Education Act of 1965 receives, from the 
combination of funds under subsection (f)(1)(A) and 
Ill STAT. 56 
PUBLIC LAW 105-17-JUNE 4, 1997 
funds provided under paragraph (1) of this subsection, 
an amount equal to— 
"(I) the number of children with disabilities, 
aged 6 through 21, to whom the agency was provid-
ing special education and related services on 
December 1 of the fiscal year for which the funds 
were appropriated, subject to the limitation in 
subparagraph (B); multiplied by 
"(11) the per-child amount provided under such 
subpart for fiscal year 1994; and 
"(ii) may use those funds to ensure that each local 
educational agency that received fiscal year 1994 funds 
under that subpart for children who had transferred 
from a State-operated or State-supported school or pro-
gram assisted under that subpart receives, from the 
combination 
of funds 
available under 
subsection 
(f)(1)(A) and funds provided under paragraph (1) of 
this subsection, an amount for each such child, aged 
3 through 21 to whom the agency was providing special 
education and related services on December 1 of the 
fiscal year for which the funds were appropriated, 
equal to the per-child amount the agency received 
under that subpart for fiscal year 1994. 
"(B) The number of children counted under subpara-
graph (A)(i)(I) shall not exceed the number of children 
aged 3 through 21 for whom the agency received fiscal 
year 1994 funds under subpart 2 of part D of chapter 
1 of title I of the Elementary and Secondary Education 
Act of 1965. 
"(4) REALLOCATION OF FUNDS.—If a State educational 
agency determines that a local educational agency is adequately 
providing a free appropriate public education to all children 
with disabilities residing in the area served by that agency 
with State and local funds, the State educational agency may 
reallocate any portion of the funds under this part that are 
not needed by that local agency to provide a free appropriate 
public education to other local educational agencies in the State 
that are not adequately providing special education and related 
services to all children with disabilities residing in the areas 
they serve. 
"(h) DEFINITIONS.—For the purpose of this section— 
"(1) the term 'average per-pupil expenditure in public 
elementary and secondary schools in the United States' 
means— 
"(A) without regard to the source of funds— 
"(i) the aggregate current expenditures, during the 
second fiscal year preceding the fiscal year for which 
the determination is made (or, if satisfactory data for 
that year are not available, during the most recent 
preceding fiscal year for which satisfactory data are 
available) of all local educational agencies in the 50 
States and the District of Columbia); plus 
"(ii) any direct expenditures by the State for the 
operation of those agencies; divided by 
"(B) the aggregate number of children in average daily 
attendance to whom those agencies provided free public 
education during that preceding year; and 
PUBLIC LAW 105-17^JUNE 4, 1997 
111 STAT. 57 
"(2) the term 'State' means each of the 50 States, the 
District of Columbia, and the Commonwealth of Puerto Rico. 
"(i) USE OF AMOUNTS BY SECRETARY OF THE INTERIOR.— 
"(1) PROVISION OF AMOUNTS FOR ASSISTANCE.— 
"(A) IN GENERAL.—The Secretary of Education shall 
provide amounts to the Secretary of the Interior to meet 
the need for assistance for the education of children with 
disabilities on reservations aged 5 to 21, inclusive, enrolled 
in elementary and secondary schools for Indian children 
operated or funded by the Secretary of the Interior. The 
amount of such pajnnent for any fiscal year shall be equal 
to 80 percent of the amount allotted under subsection (c) 
for that fiscal year. 
"(B) 
CALCULATION OF NUMBER OF CHILDREN.—In 
the 
case of Indian students aged 3 to 5, inclusive, who are 
enrolled in programs affiliated with the Bureau of Indian 
Affairs (hereafter in this subsection referred to as 'BIA') 
schools and that are required by the States in which such 
schools are located to attain or maintain State accredita-
tion, and which schools have such accreditation prior to 
the date of enactment of the Individuals with Disabilities 
Education Act Amendments of 1991, the school shall be 
allowed to count those children for the purpose of distribu-
tion of the funds provided under this paragraph to the 
Secretary of the Interior. The Secretary of the Interior 
shall be responsible for meeting all of the requirements 
of this part for these children, in accordance with para-
graph (2). 
"(C) 
ADDITIONAL REQUIREMENT.—^With respect to 
all 
other children aged 3 to 21, inclusive, on reservations, 
the State educational agency shall be responsible for 
ensuring that all of the requirements of this part are imple-
mented. 
"(2) SUBMISSION OF INFORMATION.—The Secretary of Edu-
cation may provide the Secretary of the Interior amounts under 
paragraph (1) for a fiscal year only if the Secretary of the 
Interior submits to the Secretary of Education information 
that— 
"(A) demonstrates that the Department of the Interior 
meets the appropriate requirements, as determined by the 
Secretary of Education, of sections 612 (including monitor-
ing and evaluation activities) and 613; 
"(B) includes a description of how the Secretary of 
the Interior will coordinate the provision of services 
under this part with local educational agencies, tribes and 
tribal organizations, and other private and Federal service 
providers; 
"(C) includes an assurance that there are public hear-
ings, adequate notice of such hearings, and an opportunity 
for comment afforded to members of tribes, tribal governing 
bodies, and affected local school boards before the adoption 
of the policies, programs, and procedures described in 
subparagraph (A); 
"(D) includes an assurance that the Secretary of the 
Interior will provide such information as the Secretary 
of Education may require to comply with section 618; 
I l l STAT. 58 
PUBLIC LAW 105-17-JUNE 4, 1997 
"(E) includes an assurance that the Secretary of the 
Interior and the Secretary of Health and Human Services 
have entered into a memorandum of agreement, to be 
provided to the Secretary of Education, for the coordination 
of services, resources, and personnel between their respec-
tive Federal, State, and local offices and with State and 
local educational agencies and other entities to facilitate 
the provision of services to Indian children with disabilities 
residing on or near reservations (such agreement shall 
provide for the apportionment of responsibilities and costs 
including, but not limited to, child find, evaluation, diag-
nosis, remediation or therapeutic measures, and (where 
appropriate) equipment and medical or personal supplies 
as needed for a child to remain in school or a program); 
and 
"(F) includes an assurance that the Department of 
the Interior will cooperate with the Department of Edu-
cation in its exercise of monitoring and oversight of this 
application, and any agreements entered into between the 
Secretary of the Interior and other entities under this 
part, and will fulfill its duties under this part. 
Section 616(a) shall apply to the information described in this 
paragraph. 
"(3) PAYMENTS FOR EDUCATION AND SERVICES FOR INDIAN 
CHILDREN WITH DISABILITIES AGED 3 THROUGH 5.— 
"(A) IN GENERAL.—^With funds appropriated under sub-
section (j), the Secretary of Education shall make payments 
to the Secretary of the Interior to be distributed to tribes 
or tribal organizations (as defined under section 4 of the 
Indian Self-Determination and Education Assistance Act) 
or consortia of the above to provide for the coordination 
of assistance for special education and related services 
for children with disabilities aged 3 through 5 on reserva-
tions served by elementary and secondary schools for 
Indian children operated or funded by the Department 
of the Interior. The amount of such payments under 
subparagraph (B) for any fiscal year shall be equal to 
20 percent of the amount allotted under subsection (c). 
"(B) 
DISTRIBUTION OF FUNDS.—The Secretary of 
the 
Interior shall distribute the total amount of the payment 
under subparagraph (A) by allocating to each tribe or tribal 
organization an amount based on the number of children 
with disabilities ages 3 through 5 residing on reservations 
as reported annually, divided by the total of those children 
served by all tribes or tribal organizations. 
"(C) SUBMISSION OF INFORMATION.—To receive a pay-
ment under this paragraph, the tribe or tribal organization 
shall submit such figures to the Secretary of the Interior 
as required to determine the amounts to be allocated under 
subparagraph (B). This information shall be compiled and 
submitted to the Secretary of Education. 
"(D) USE OF FUNDS.—^The funds received by a tribe 
or tribal organization shall be used to assist in child find, 
screening, and other procedures for the early identification 
of children aged 3 through 5, parent training, and the 
provision of direct services. These activities may be carried 
out directly or through contracts or cooperative agreements 
PUBLIC LAW 105-17^JIJNE 4, 1997 
111 STAT. 59 
with the BIA, local educational agencies, and other public 
or private nonprofit organizations. The tribe or tribal 
organization is encouraged to involve Indian parents in 
the development and implementation of these activities. 
The above entities shall, as appropriate, make referrals 
to local, State, or Federal entities for the provision of 
services or further diagnosis. 
"(E) BIENNIAL REPORT.—TO be eligible to receive a 
grant pursuant to subparagraph (A), the tribe or tribal 
organization shall provide to the Secretary of the Interior 
a biennial report of activities undertaken under this para-
graph, including the number of contracts and cooperative 
agreements entered into, the number of children contacted 
and receiving services for each year, and the estimated 
number of children needing services during the 2 years 
following the one in which the report is made. The 
Secretary of the Interior shall include a summary of this 
information on a biennial basis in the report to the Sec-
retary of Education required under this subsection. The 
Secretary of Education may require any additional informa-
tion from the Secretary of the Interior. 
"(F) PROHIBITIONS.—None of the funds allocated under 
this paragraph may be used by the Secretary of the Interior 
for administrative purposes, including child count and the 
provision of technical assistance. 
"(4) PLAN FOR COORDINATION OF SERVICES.—^The Secretary 
of the Interior shall develop and implement a plan for the 
coordination of services for all Indian children with disabilities 
residing on reservations covered under this Act. Such plan 
shall provide for the coordination of services benefiting these 
children from whatever source, including tribes, the Indian 
Health Service, other BIA divisions, and other Federal agencies. 
In developing the plan, the Secretary of the Interior shall 
consult with all interested and involved parties. It shall be 
based on the needs of the children and the system best suited 
for meeting those needs, and may involve the establishment 
of cooperative agreements between the BIA, other Federal agen-
cies, and other entities. The plan shall also be distributed 
upon request to States, State and local educational agencies, 
and other agencies providing services to infants, toddlers, and 
children with disabilities, to tribes, and to other interested 
parties. 
"(5) ESTABLISHMENT OF ADVISORY BOARD.—TO meet the 
requirements of section 612(a)(21), the Secretary of the Interior 
shall establish, not later than 6 months after the date of the 
enactment of the Individuals with Disabilities Education Act 
Amendments of 1997, under the BIA, an advisory board com-
posed of individuals involved in or concerned with the education 
and provision of services to Indian infants, toddlers, children, 
and youth with disabilities, including Indians with disabilities, 
Indian parents or guardians of such children, teachers, service 
providers, State and local educational officials, representatives 
of tribes or tribal organizations, representatives from State 
Interagency Coordinating Councils under section 641 in States 
having reservations, and other members representing the var-
ious divisions and entities of the BIA. The chairperson shall 
I l l STAT. 60 
PUBLIC LAW 105-17-^lJNE 4, 1997 
be selected by the Secretary of the Interior. The advisory board 
shall— 
"(A) assist in the coordination of services within the 
BIA and with other local, State, and Federal agencies in 
the provision of education for infants, toddlers, and children 
with disabilities; 
"(B) advise and assist the Secretary of the Interior 
in the performance of the Secretary's responsibilities 
described in this subsection; 
"(C) develop and recommend policies concerning effec-
tive 
inter- 
and intra-agency 
collaboration, 
including 
modifications to regulations, and the elimination of barriers 
to inter- and intra-agency programs and activities; 
"(D) provide assistance and disseminate information 
on best practices, effective program coordination strategies, 
and recommendations for improved educational program-
ming for Indian infants, toddlers, and children with 
disabilities; and 
"(E) provide assistance in the preparation of informa-
tion required under paragraph (2)(D). 
"(6) ANNUAL REPORTS.— 
"(A) IN GENERAL.—The advisory board established 
under paragraph (5) shall prepare and submit to the Sec-
retary of the Interior and to the Congress an annual report 
containing a description of the activities of the advisory 
board for the preceding year. 
"(B) AVAILABILITY.—^The Secretary of the Interior shall 
make available to the Secretary of Education the report 
described in subparagraph (A). 
"(j) AUTHORIZATION OF APPROPRIATIONS.—For the purpose of 
carrying out this part, other than section 619, there are authorized 
to be appropriated such sums as may be necessary. 
20 use 1412. 
"SEC. 612. STATE ELIGIBILITY. 
"(a) IN GENERAL.—^A State is eligible for assistance under this 
part for a fiscal year if the State demonstrates to the satisfaction 
of the Secretary that the State has in effect policies and procedures 
to ensure that it meets each of the following conditions: 
"(1) FREE APPROPRIATE PUBLIC EDUCATION.— 
"(A) IN GENERAL.—^A free appropriate public education 
is available to all children with disabilities residing in 
the State between the ages of 3 and 21, inclusive, including 
children with disabilities who have been suspended or 
expelled from school. 
"(B) LIMITATION.—The obligation to make a free appro-
priate public education available to all children with 
disabilities does not apply with respect to children: 
"(i) aged 3 through 5 and 18 through 21 in a 
State to the extent that its application to those children 
would be inconsistent with State law or practice, or 
the order of any court, respecting the provision of 
public education to children in those age ranges; and 
"(ii) aged 18 through 21 to the extent that State 
law does not require that special education and related 
services under this part be provided to children with 
disabilities who, in the educational placement prior 
to their incarceration in an adult correctional facility: 
PUBLIC LAW 105-17—JUNE 4, 1997 
111 STAT. 61 
"(I) were not actually identified as being a 
child with a disability under section 602(3) of this 
Act; or 
"(11) did not have an individualized education 
program under this part. 
"(2) FULL EDUCATIONAL OPPORTUNITY GOAL.—The State has 
established a goal of providing full educational opportunity 
to all children with disabilities and a detailed timetable for 
accomplishing that goal. 
"(3) CHILD FIND.— 
"(A) IN GENERAL.—^All children with disabilities resid-
ing in the State, including children with disabilities 
attending private schools, regardless of the severity of their 
disabilities, and who are in need of special education and 
related services, are identified, located, and evaluated and 
a practical method is developed and implemented to deter-
mine which children with disabilities are currently receiv-
ing needed special education and related services. 
"(B) CONSTRUCTION.—Nothing in this Act requires that 
children be classified by their disability so long as each 
child who has a disability listed in section 602 and who, 
by reason of that disability, needs special education and 
related services is regarded as a child with a disability 
under this part. 
"(4) INDIVIDUALIZED EDUCATION PROGRAM.—^An individual-
ized education program, or an individualized family service 
plan that meets the requirements of section 636(d), is developed, 
reviewed, and revised for each child with a disability in accord-
ance with section 614(d). 
"(5) LEAST RESTRICTIVE ENVIRONMENT.— 
"(A) IN GENERAL.—^To the maximum extent appro-
priate, children with disabilities, including children in 
public or private institutions or other care facilities, are 
educated with children who are not disabled, and special 
classes, separate schooling, or other removal of children 
with disabilities from the regular educational environment 
occurs only when the nature or severity of the disability 
of a child is such that education in regular classes with 
the use of supplementary aids and services cannot be 
achieved satisfactorily. 
"(B) ADDITIONAL REQUIREMENT.— 
"(i) IN GENERAL.—If the State uses a funding 
mechanism by which the State distributes State funds 
on the basis of the t3T)e of setting in which a child 
is served, the funding mechanism does not result in 
placements that violate the requirements of subpara-
graph (A). 
"(ii) ASSURANCE.—If the State does not have poli-
cies and procedures to ensure compliance with clause 
(i), the State shall provide the Secretary an assurance 
that it will revise the funding mechanism as soon 
as feasible to ensure that such mechanism does not 
result in such placements. 
"(6) PROCEDURAL SAFEGUARDS.— 
"(A) IN GENERAL.—Children with disabilities and their 
parents are afforded the procedural safeguards required 
by section 615. 
I l l STAT. 62 
PUBLIC LAW 105-17—JUNE 4, 1997 
"(B) ADDITIONAL PROCEDURAL SAFEGUARDS.—^Proce-
dures to ensure that testing and evaluation materials and 
procedures utilized for the purposes of evaluation and 
placement of children with disabilities will be selected and 
administered so as not to be racially or culturally discrimi-
natory. Such materials or procedures shall be provided 
and administered in the child's native language or mode 
of communication, unless it clearly is not feasible to do 
so, and no single procedure shall be the sole criterion 
for determining an appropriate educational program for 
a child. 
"(7) EVALUATION.—Children with disabilities are evaluated 
in accordance with subsections (a) through (c) of section 614. 
"(8) CONFIDENTIALITY.—^Agencies in the State comply with 
section 617(c) (relating to the confidentiality of records and 
information). 
"(9) TRANSITION FROM PART C TO PRESCHOOL PROGRAMS.— 
Children participating in early-intervention programs assisted 
under part C, and who will participate in preschool programs 
assisted under this part, experience a smooth and effective 
transition to those preschool programs in a manner consistent 
with section 637(a)(8). By the third birthday of such a child, 
an individualized education program or, if consistent with sec-
tions 614(d)(2)(B) and 636(d), an individualized family service 
plan, has been developed and is being implemented for the 
child. The local educational agency will participate in transition 
planning conferences arranged by the designated lead agency 
under section 637(a)(8). 
"(10) CHILDREN IN PRIVATE SCHOOLS.— 
"(A) CHILDREN ENROLLED IN PRIVATE SCHOOLS BY THEIR 
PARENTS.— 
"(i) IN GENERAL.—To the extent consistent with 
the number and location of children with disabilities 
in the State who are enrolled by their parents in pri-
vate elementary and secondary schools, provision is 
made for the participation of those children in the 
program assisted or carried out under this part by 
providing for such children special education and 
related services in accordance with the following 
requirements, unless the Secretary has arranged for 
services to those children under subsection (f): 
"(I) Amounts expended for the provision of 
those services by a local educational agency shall 
be equal to a proportionate amount of Federal 
funds made available under this part. 
"(II) Such services may be provided to children 
with disabilities on the premises of private, includ-
ing parochial, schools, to the extent consistent with 
law. 
"(ii) CHILD-FIND REQUIREMENT.—The requirements 
of paragraph (3) of this subsection (relating to child 
find) shall apply with respect to children with disabil-
ities in the State who are enrolled in private, including 
parochial, elementary and secondary schools. 
"(B) CHILDREN PLACED IN, OR REFERRED TO, PRIVATE 
SCHOOLS BY PUBLIC AGENCIES.— 
PUBLIC LAW 1 0 5 - 1 7 - ^ U N E 4, 1997 
111 STAT. 63 
"(i) IN GENERAL.—Children with disabihties in 
private schools and facilities are provided special edu-
cation and related services, in accordance with an 
' 
individualized education program, at no cost to their 
parents, if such children are placed in, or referred 
to, such schools or facilities by the State or appropriate 
local educational agency as the means of carrying out 
the requirements of this part or any other applicable 
law requiring the provision of special education and 
related services to all children with disabilities within 
such State. 
"(ii) STANDARDS.—In all cases described in clause 
(i), the State educational agency shall determine 
whether such schools and facilities meet standards 
that apply to State and local educational agencies and 
that children so served have all the rights they would 
have if served by such agencies. 
"(C) PAYMENT FOR EDUCATION OF CHILDREN ENROLLED 
IN PRIVATE S C H O O L S WITHOUT CONSENT OF OR REFERRAL 
BY THE PUBLIC AGENCY.— 
"(i) IN GENERAL.—Subject to subparagraph (A), this 
part does not require a local educational agency to 
pay for the cost of education, including special edu-
cation and related services, of a child with a disability 
at a private school or facility if that agency made 
a free appropriate public education available to the 
child and the parents elected to place the child in 
such private school or facility. 
"(ii) REIMBURSEMENT FOR PRIVATE SCHOOL PLACE-
MENT.—If the parents of a child with a disability, who 
previously received special education and related serv-
ices under the authority of a public agency, enroll 
the child in a private elementary or secondary school 
without the consent of or referral by the public agency, 
a court or a hearing officer may require the agency 
to reimburse the parents for the cost of that enrollment 
if the court or hearing officer finds that the agency 
had not made a free appropriate public education avail-
able to the child in a timely manner prior to that 
enrollment. 
"(iii) LIMITATION ON REIMBURSEMENT.—^The cost of 
reimbursement described in clause (ii) may be reduced 
or denied— 
"(I)if— 
"(aa) at the most recent lEP meeting that 
the parents attended prior to removal of the 
child from the public school, the parents did 
not inform the lEP Team that they were reject-
ing the placement proposed by the public 
agency to provide a free appropriate public 
education to their child, including stating their 
concerns and their intent to enroll their child 
in a private school at public expense; or 
"(bb) 10 business days (including any holi-
days that occur on a business day) prior to 
the removal of the child from the public school, 
the parents did not give written notice to the 
I l l STAT. 64 
PUBLIC LAW 105-17—JUNE 4, 1997 
public agency of the information described in 
division (aa); 
"(II) if, prior to the parents' removal of the 
child from the public school, the public agency 
informed the parents, through the notice require-
ments described in section 615(b)(7), of its intent 
to evaluate the child (including a statement of 
the purpose of the evaluation that was appropriate 
and reasonable), but the parents did not make 
the child available for such evaluation; or 
"(III) 
upon 
a 
judicial 
finding 
of 
unreasonableness with respect to actions taken by 
the parents. 
"(iv) 
EXCEPTION.—Notwithstanding 
the 
notice 
requirement in clause (iii)(I), the cost of reimbursement 
may not be reduced or denied for failure to provide 
such notice if— 
"(I) the parent is illiterate and cannot write 
in English; 
"(II) compliance with clause (iii)(I) would likely 
result in physical or serious emotional harm to 
the child; 
"(III) the school prevented the parent from 
providing such notice; or 
"(IV) the parents had not received notice, 
pursuant to section 615, of the notice requirement 
in clause (iii)(I). 
"(11) 
STATE 
EDUCATIONAL 
AGENCY 
RESPONSIBLE 
FOR 
GENERAL SUPERVISION.— 
"(A) IN GENERAL.—The State educational agency is 
responsible for ensuring that— 
"(i) the requirements of this part are met; and 
"(ii) all educational programs for children with 
disabilities in the State, including all such programs 
administered by any other State or local agency— 
"(I) are under the general supervision of 
individuals in the State who are responsible for 
educational programs for children with disabilities; 
and 
"(II) meet the educational standards of the 
State educational agency. 
"(B) LIMITATION.—Subparagraph (A) shall not limit the 
responsibility of agencies in the State other than the State 
educational agency to provide, or pay for some or all of 
the costs of, a free appropriate public education for any 
child with a disability in the State. 
"(C) EXCEPTION.—^Notwithstanding subparagraphs (A) 
and (B), the Governor (or another individual pursuant to 
State law), consistent with State law, may assign to any 
public agency in the State the responsibility of ensuring 
that the requirements of this part are met with respect 
to children with disabilities who are convicted as adults 
under State law and incarcerated in adult prisons. 
"(12) OBLIGATIONS RELATED TO AND METHODS OF ENSURING 
SERVICES.— 
"(A) ESTABLISHING RESPONSIBILITY FOR SERVICES.—The 
Chief Executive Officer or designee of the officer shall 
PUBLIC LAW 1 0 5 - 1 7 - J U N E 4, 1997 
111 STAT. 65 
ensure that an interagency agreement or other mechanism 
for interagency coordination is in effect between each pubHc 
agency described in subparagraph (B) and the State edu-
cational agency, in order to ensure that all services 
described in subparagraph (B)(i) that are needed to ensure 
a free appropriate public education are provided, including 
the provision of such services during the pendency of any 
dispute under clause (iii). Such agreement or mechanism 
shall include the following: 
"(i) AGENCY FINANCIAL RESPONSIBILITY.—^An identi-
fication of, or a method for defining, the financial 
responsibility of each agency for providing services 
described in subparagraph (B)(i) to ensure a free appro-
priate public education to children with disabilities, 
provided that the financial responsibility of each public 
agency described in subparagraph (B), including the 
State Medicaid agency and other public insurers of 
children with disabilities, shall precede the financial 
responsibility of the local educational agency (or the 
State agency responsible for developing the child's 
lEP). 
"(ii) CONDITIONS AND TERMS OF REIMBURSEMENT.— 
The conditions, terms, and procedures under which 
a local educational agency shall be reimbursed by other 
agencies. 
"(iii) 
INTERAGENCY 
DISPUTES.—Procedures 
for 
resolving interagency disputes (including procedures 
under which local educational agencies may initiate 
proceedings) under the agreement or other mechanism 
to secure reimbursement from other agencies or other-
wise implement the provisions of the agreement or 
mechanism. 
"(iv) COORDINATION OF SERVICES PROCEDURES.— 
Policies and procedures for agencies to determine and 
identify the interagency coordination responsibilities 
of each agency to promote the coordination and timely 
and appropriate delivery of services described in 
subparagraph (B)(i). 
"(B) OBLIGATION OF PUBLIC AGENCY.— 
"(i) IN GENERAL.—If any public agency other than 
an educational agency is otherwise obligated under 
Federal or State law, or assigned responsibility under 
State policy or pursuant to subparagraph (A), to pro-
vide or pay for any services that are also considered 
special education or related services (such as, but not 
limited to, services described in sections 602(1) relating 
to assistive technology devices, 602(2) relating to 
assistive technology services, 602(22) relating to 
related services, 602(29) relating to supplementary aids 
and services, and 602(30) relating to transition serv-
ices) that are necessary for ensuring a free appropriate 
public education to children with disabilities within 
the State, such public agency shall fulfill that obliga-
tion or responsibility, either directly or through 
contract or other arrangement. 
"(ii) 
REIMBURSEMENT FOR SERVICES BY PUBLIC 
AGENCY.—If a public agency other than an educational 
I l l STAT. 66 
PUBLIC LAW 105-17—JUNE 4, 1997 
\ 
agency fails to provide or pay for the special education 
and related services described in clause (i), the local 
educational agency (or State agency responsible for 
developing the child's lEP) shall provide or pay for 
such services to the child. Such local educational 
agency or State agency may then claim reimbursement 
for the services from the public agency that failed 
to provide or pay for such services and such public 
agency shall reimburse the local educational agency 
or State agency pursuant to the terms of the inter-
agency agreement or other mechanism described in 
subparagraph (A)(i) according to the procedures estab-
lished in such agreement pursuant to subparagraph 
(A)(ii). 
"(C) SPECIAL RULE.—^The requirements of subpara-
graph (A) may be met through— 
"(i) state statute or regulation; 
"(ii) signed agreements between respective agency 
officials that clearly identify the responsibilities of each 
agency relating to the provision of services; or 
"(iii) other appropriate written methods as deter-
mined by the Chief Executive Officer of the State or 
designee of the officer. 
"(13) 
PROCEDURAL REQUIREMENTS RELATING TO LOCAL 
EDUCATIONAL AGENCY ELIGIBILITY.—^The State 
educational 
agency will not make a final determination that a local edu-
cational agency is not eligible for assistance under this part 
without first affording that agency reasonable notice and an 
opportunity for a hearing. 
"(14) 
COMPREHENSIVE SYSTEM OF PERSONNEL DEVELOP-
MENT.—^The State has in effect, consistent with the purposes 
of this Act and with section 635(a)(8), a comprehensive system 
of personnel development that is designed to ensure an ade-
quate supply of qualified special education, regular education, 
and related services personnel that meets the requirements 
for a State improvement plan relating to personnel development 
in subsections (b)(2)(B) and (c)(3)(D) of section 653. 
"(15) PERSONNEL STANDARDS.— 
"(A) IN GENERAL.—^The State educational agency has 
established and maintains standards to ensure that person-
nel necessary to carry out this part are appropriately and 
adequately prepared and trained. 
"(B) STANDARDS DESCRIBED.—Such standards shall— 
"(i) be consistent with any State-approved or State-
recognized certification, licensing, registration, or other 
comparable requirements that apply to the professional 
discipline in which those personnel are providing spe-
cial education or related services; 
"(ii) to the extent the standards described in 
subparagraph (A) are not based on the highest require-
ments in the State applicable to a specific profession 
or discipline, the State is taking steps to require 
retraining or hiring of personnel that meet appropriate 
professional requirements in the State; and 
"(iii) allow paraprofessionals and assistants who 
are appropriately trained and supervised, in accord-
ance with State law, regulations, or written policy. 
PUBLIC LAW 105-17-^UNE 4, 1997 
111 STAT. 67 
in meeting the requirements of this part to be used 
to assist in the provision of special education and 
related services to children with disabilities under this 
part. 
"(C) POLICY.—In implementing this paragraph, a State 
may adopt a policy that includes a requirement that local 
educational agencies in the State make an ongoing good-
faith effort to recruit and hire appropriately and adequately 
trained personnel to provide special education and related 
services to children with disabilities, including, in a 
geographic area of the State where there is a shortage 
of such personnel, the most qualified individuals available 
who are making satisfactory progress toward completing 
applicable course work necessary to meet the standards 
described in subparagraph (B)(i), consistent with State law, 
and the steps described in subparagraph (B)(ii) within three 
years. 
"(16) PERFORMANCE GOALS AND INDICATORS.—The State— 
"(A) has established goals for the performance of 
children with disabilities in the State that— 
"(i) will promote the purposes of this Act, as stated 
in section 601(d); and 
"(ii) are consistent, to the maximum extent appro-
priate, with other goals and standards for children 
established by the State; 
"(B) has established performance indicators the State 
will use to assess progress toward achieving those goals 
that, at a minimum, address the performance of children 
with disabilities on assessments, drop-out rates, and 
graduation rates; 
"(C) will, every two years, report to the Secretary and Reports, 
the public on the progress of the State, and of children 
with disabilities in the State, toward meeting the goals 
established under subparagraph (A); and 
"(D) based on its assessment of that progress, will 
revise its State improvement plan under subpart 1 of part 
D as may be needed to improve its performance, if the 
State receives assistance under that subpart. 
"(17) PARTICIPATION IN ASSESSMENTS.— 
"(A) IN GENERAL.—Children with disabilities 
are 
included in general State and district-wide assessment pro-
grams, with appropriate accommodations, where necessary. 
As appropriate, the State or local educational agency— 
"(i) develops guidelines for the participation of 
children with disabilities in alternate assessments for 
those children who cannot participate in State and 
district-wide assessment programs; and 
"(ii) develops and, beginning not later than July 
1, 2000, conducts those alternate assessments. 
"(B) REPORTS.—^The State educational agency makes 
available to the public, and reports to the public with 
the same frequency and in the same detail as it reports 
on the assessment of nondisabled children, the following: 
"(i) The number of children with disabilities 
participating in regular assessments. 
"(ii) The number of those children participating 
in alternate assessments. 
I l l STAT. 68 
PUBLIC LAW 105-17—JUNE 4, 1997 
"(iii)(I) The performance of those children on regu-
lar assessments (beginning not later than July 1, 1998) 
and on alternate assessments (not later than July 1, 
2000), if doing so would be statistically sound and 
would not result in the disclosure of performance 
results identifiable to individual children. 
"(11) Data relating to the performance of children 
described under subclause (I) shall be disaggregated— 
"(aa) for assessments conducted after July 1, 
1998; and 
"(bb) for assessments conducted before July 
1, 1998, if the State is required to disaggregate 
such data prior to July 1, 1998. 
"(18) 
SUPPLEMENTATION OF STATE, LOCAL, AND OTHER 
FEDERAL FUNDS.— 
"(A) EXPENDITURES.—Funds paid to a State under this 
part will be expended in accordance with all the provisions 
of this part. 
"(B) PROHIBITION AGAINST COMMINGLING.—Funds paid 
to a State under this part will not be commingled with 
State funds. 
"(C) PROHIBITION AGAINST SUPPLANTATION AND CONDI-
TIONS FOR WAIVER BY SECRETARY.—Except as provided in 
section 613, funds paid to a State under this part will 
be used to supplement the level of Federal, State, and 
local funds (including funds that are not under the direct 
control of State or local educational agencies) expended 
for special education and related services provided to chil-
dren with disabilities under this part and in no case to 
supplant such Federal, State, and local funds, except that, 
where the State provides clear and convincing evidence 
that all children with disabilities have available to them 
a free appropriate public education, the Secretary may 
waive, in whole or in part, the requirements of this 
subparagraph if the Secretary concurs with the evidence 
provided by the State. 
"(19) MAINTENANCE OF STATE FINANCIAL SUPPORT.— 
"(A) IN GENERAL.—The State does not reduce the 
amount of State financial support for special education 
and related services for children with disabilities, or other-
wise made available because of the excess costs of educating 
those children, below the amount of that support for the 
preceding fiscal year. 
"(B) REDUCTION OF FUNDS FOR FAILURE TO MAINTAIN 
SUPPORT.—^The Secretary shall reduce the allocation of 
funds under section 611 for any fiscal year following the 
fiscal year in which the State fails to comply with the 
requirement of subparagraph (A) by the same amount by 
which the State fails to meet the requirement. 
"(C) WAIVERS FOR EXCEPTIONAL OR UNCONTROLLABLE 
CIRCUMSTANCES.—^The Secretary may waive the require-
ment of subparagraph (A) for a State, for one fiscal year 
at a time, if the Secretary determines that— 
"(i) granting a waiver would be equitable due to 
exceptional or uncontrollable circumstances such as 
a natural disaster or a precipitous and unforeseen 
decline in the financial resources of the State; or 
PUBLIC LAW 1 0 5 - 1 7 - J U N E 4, 1997 
111 STAT. 69 
"(ii) the State meets the standard in paragraph 
(18)(C) of this section for a waiver of the requirement 
to supplement, and not to supplant, funds received 
under this part. 
"(D) SUBSEQUENT YEARS.—If, for any year, a State 
fails to meet the requirement of subparagraph (A), includ-
ing any year for which the State is granted a waiver 
under subparagraph (C), the financial support required 
of the State in future years under subparagraph (A) shall 
be the amount that would have been required in the 
absence of that failure and not the reduced level of the 
State's support. 
"(E) REGULATIONS.— . 
"(i) The Secretary shall, by regulation, establish 
procedures (including objective criteria and consider-
ation of the results of compliance reviews of the State 
conducted by the Secretary) for determining whether 
to grant a waiver under subparagraph (C)(ii). 
"(ii) The Secretary shall publish proposed regula-
tions under clause (i) not later than 6 months after 
the date of the enactment of the Individuals with 
Disabilities Education Act Amendments of 1997, and 
shall issue final regulations under clause (i) not later 
than 1 year after such date of enactment. 
"(20) PUBLIC PARTICIPATION.—Prior to the adoption of any 
policies and procedures needed to comply with this section 
(including any amendments to such policies and procedures), 
the State ensures that there are public hearings, adequate 
notice of the hearings, and an opportunity for comment avail-
able to the general public, including individuals with disabilities 
and parents of children with disabilities. 
"(21) STATE ADVISORY PANEL.— 
"(A) IN GENERAL.—^The State has established and main-
tains an advisory panel for the purpose of providing policy 
guidance with respect to special education and related serv-
ices for children with disabilities in the State. 
"(B) MEMBERSHIP.—Such advisory panel shall consist 
of members appointed by the Governor, or any other official 
authorized under State law to make such appointments, 
that is representative of the State population and that 
is composed of individuals involved in, or concerned with, 
the education of children with disabilities, including— 
"(i) parents of children with disabilities; 
"(ii) individuals with disabilities; 
"(iii) teachers; 
"(iv) representatives of institutions of higher 
education that prepare special education and related 
services personnel; 
"(v) State and local education officials; 
"(vi) administrators of programs for children with 
disabilities; 
"(vii) representatives of other State 
agencies 
involved in the financing or delivery of related services 
to children with disabilities; 
"(viii) representatives of private schools and public 
charter schools; 
I l l STAT. 70 
PUBLIC LAW 105-17-JUNE 4, 1997 
"(ix) at least one representative of a vocational, 
community, or business organization concerned with 
the provision of transition services to children with 
disabilities; and 
"(x) representatives from the State juvenile and 
adult corrections agencies. 
"(C) SPECIAL RULE.—^A majority of the members of 
the panel shall be individuals with disabilities or parents 
of children with disabilities. 
"(D) DUTIES.—^The advisory panel shall— 
"(i) advise the State educational agency of unmet 
needs within the State in the education of children 
with disabilities; 
"(ii) comment publicly on any rules or regulations 
proposed by the State regarding the education of chil-
dren with disabilities; 
"(iii) advise the State educational agency in 
developing evaluations and reporting on data to the 
Secretary under section 618; 
"(iv) advise the State educational agency in 
developing corrective action plans to address findings 
identified in Federal monitoring reports under this 
part; and 
"(v) advise the State educational agency in 
developing and implementing policies relating to the 
coordination of services for children with disabilities. 
"(22) SUSPENSION AND EXPULSION RATES.— 
"(A) IN GENERAL.—The State educational 
agency 
examines data to determine if significant discrepancies are 
occurring in the rate of long-term suspensions and expul-
sions of children with disabilities— 
"(i) among local educational agencies in the 
State; or 
"(ii) compared to such rates for nondisabled chil-
dren within such agencies. 
"(B) REVIEW AND REVISION OF POLICIES.—If such 
discrepancies are occurring, the State educational agency 
reviews and, if appropriate, revises (or requires the affected 
State or local educational agency to revise) its policies, 
procedures, and practices relating to the development and 
implementation of lEPs, the use of behavioral interven-
tions, and procedural safeguards, to ensure that such 
policies, procedures, and practices comply with this Act. 
"(b) 
STATE EDUCATIONAL AGENCY AS PROVIDER OF FREE 
APPROPRIATE PUBLIC EDUCATION OR DIRECT SERVICES.—If the State 
educational agency provides free appropriate public education to 
children with disabilities, or provides direct services to such chil-
dren, such agency— 
"(1) shall comply with any additional requirements of 
section 613(a), as if such agency were a local educational 
agency; and 
"(2) may use amounts that are otherwise available to such 
agency under this part to serve those children without regard 
to section 613(a)(2)(A)(i) (relating to excess costs). 
"(c) EXCEPTION FOR PRIOR STATE PLANS.— 
"(1) IN GENERAL.—If a State has on file with the Secretary 
policies and procedures that demonstrate that such State meets 
PUBLIC LAW 105-17^JUNE 4, 1997 
111 STAT. 71 
any requirement of subsection (a), including any policies and 
procedures filed under this part as in effect before the effective 
date of the Individuals with Disabilities Education Act Amend-
ments of 1997, the Secretary shall consider such State to have 
met such requirement for purposes of receiving a grant under 
this part. 
"(2) MODIFICATIONS MADE BY STATE.—Subject to paragraph AppUcabmty. 
(3), an application submitted by a State in accordance with 
this section shall remain in effect until the State submits 
to the Secretary such modifications as the State deems 
necessary. This section shall apply to a modification to an 
application to the same extent and in the same manner as 
this section applies to the original plan. 
"(3) MODIFICATIONS REQUIRED BY THE SECRETARY.—If, after 
the effective date of the Individuals with Disabilities Education 
Act Amendments of 1997, the provisions of this Act are 
amended (or the regulations developed to carry out this Act 
are amended), or there is a new interpretation of this Act 
by a Federal court or a State's highest court, or there is an 
official 
finding 
of noncompliance 
with 
Federal 
law or 
regulations, the Secretary may require a State to modify its 
application only to the extent necessary to ensure the State's 
compliance with this part. 
"(d) APPROVAL B
Y THE SECRETARY.— 
"(1) IN GENERAL.—If the Secretary determines that a State 
is eligible to receive a grant under this part, the Secretary 
shall notify the State of that determination. 
"(2) NOTICE AND HEARING.—^The Secretary shall not make 
a final determination that a State is not eligible to receive 
a grant under this part until after providing the State— 
"(A) with reasonable notice; and 
"(B) with an opportunity for a hearing. 
"(e) ASSISTANCE UNDER OTHER FEDERAL PROGRAMS.—^Nothing 
in this title permits a State to reduce medical and other assistance 
available, or to alter eligibility, under titles V and XIX of the 
Social Security Act with respect to the provision of a free appro-
priate public education for children with disabilities in the State. 
"(f) BY-PASS FOR CHILDREN IN PRIVATE SCHOOLS.— 
"(1) IN GENERAL.—If, on the date of enactment of the Edu-
cation of the Handicapped Act Amendments of 1983, a State 
educational agency is prohibited by law from providing for 
the participation in special programs of children with disabil-
ities enrolled in private elementary and secondary schools as 
required by subsection (a)(10)(A), the Secretary shall, notwith-
standing such provision of law, arrange for the provision of 
services to such children through arrangements which shall 
be subject to the requirements of such subsection. 
"(2) PAYMENTS.— 
"(A) DETERMINATION OF AMOUNTS.—If the Secretary 
arranges for services pursuant to this subsection, the Sec-
retary, after consultation with the appropriate public and 
private school officials, shall pay to the provider of such 
services for a fiscal year an amount per child that does 
not exceed the amount determined by dividing— 
"(i) the total amount received by the State under 
this part for such fiscal year; by 
I l l STAT. 72 
PUBLIC LAW 105-17-JUNE 4, 1997 
Records. 
Records. 
"(ii) the number of children with disabilities served 
in the prior year, as reported to the Secretary by 
the State under section 618. 
"(B) 
WITHHOLDING OF CERTAIN AMOUNTS.—Pending 
final resolution of any investigation or complaint that could 
result in a determination under this subsection, the Sec-
retary may withhold from the allocation of the affected 
State educational agency the amount the Secretary esti-
mates would be necessary to pay the cost of services 
described in subparagraph (A). 
"(C) PERIOD OF PAYMENTS.—The period under which 
pa5nnents are made under subparagraph (A) shall continue 
until the Secretary determines that there will no longer 
be any failure or inability on the part of the State edu-
cational agency to meet the requirements of subsection 
(a)(10)(A). 
"(3) NOTICE AND HEARING.— 
"(A) IN GENERAL.—^The Secretary shall not take any 
final 
action 
under 
this 
subsection 
until 
the 
State 
educational agency affected by such action has had an 
opportunity, for at least 45 days after receiving written 
notice thereof, to submit written objections and to appear 
before the Secretary or the Secretary's designee to show 
cause why such action should not be taken. 
"(B) REVIEW OF ACTION.—If a State educational agency 
is dissatisfied with the Secretary's final action after a 
proceeding under subparagraph (A), such agency may, not 
later than 60 days after notice of such action, file with 
the United States court of appeals for the circuit in which 
such State is located a petition for review of that action. 
A copy of the petition shall be forthwith transmitted by 
the clerk of the court to the Secretary. The Secretary there-
upon shall file in the court the record of the proceedings 
on which the Secretary based the Secretary's action, as 
provided in section 2112 of title 28, United States Code. 
"(C) 
REVIEW OF FINDINGS OF FACT.—The findings of 
fact by the Secretary, if supported by substantial evidence, 
shall be conclusive, iDut the court, for good cause shown, 
may remand the case to the Secretary to take further 
evidence, and the Secretary may thereupon make new or 
modified findings of fact and may modify the Secretary's 
previous action, and shall file in the court the record of 
the further proceedings. Such new or modified 
findings 
of fact shall likewise be conclusive if supported by substan-
tial evidence. 
"(D) JURISDICTION OF COURT OF APPEALS; REVIEW BY 
UNITED STATES SUPREME COURT.—Upon the filing of a peti-
tion under subparagraph (B), the United States court of 
appeals shall have jurisdiction to affirm the action of the 
Secretary or to set it aside, in whole or in part. The judg-
ment of the court shall be subject to review by the Supreme 
Court of the United States upon certiorari or certification 
as provided in section 1254 of title 28, United States Code. 
PUBLIC LAW 1 0 5 - 1 7 - ^ U N E 4, 1997 
111 STAT. 73 
"SEC. 613. LOCAL EDUCATIONAL AGENCY ELIGIBILITY. 
20 USC 1413. 
"(a) IN GENERAL.—^A local educational agency is eligible for 
assistance under this part for a fiscal year if such agency dem-
onstrates to the satisfaction of the State educational agency that 
it meets each of the following conditions: 
"(1) 
CONSISTENCY 
WITH 
STATE 
POLICIES.—^The 
local 
educational agency, in providing for the education of children 
with disabilities within its jurisdiction, has in effect policies, 
procedures, and programs that are consistent with the State 
policies and procedures established under section 612. 
"(2) USE OF AMOUNTS.— 
"(A) IN GENERAL.—^Amounts provided to the local 
educational agency under this part shall be expended in 
accordance with the applicable provisions of this part and— 
"(i) shall be used only to pay the excess costs 
of providing special education and related services to 
children with disabilities; 
"(ii) shall be used to supplement State, local, and 
other Federal funds and not to supplant such funds; 
and 
"(iii) shall not be used, except as provided in sub-
paragraphs (B) and (C), to reduce the level of expendi-
tures for the education of children with disabilities 
made by the local educational agency from local funds 
below the level of those expenditures for the preceding 
fiscal year. 
"(B) EXCEPTION.—Notwithstanding the restriction in 
subparagraph (A)(iii), a local educational agency may 
reduce the level of expenditures where such reduction is 
attributable to— 
"(i) the voluntary departure, by retirement or 
otherwise, or departure for just cause, of special edu-
cation personnel; 
"(ii) a decrease in the enrollment of children with 
disabilities; 
"(iii) the termination of the obligation of the 
agency, consistent with this part, to provide a program 
of special education to a particular child with a disabil-
ity that 
is an 
exceptionally costly program, 
as 
determined by the State educational agency, because 
the child— 
"(I) has left the jurisdiction of the agency; 
"(II) has reached the age at which the obliga-
tion of the agency to provide a free appropriate 
public education to the child has terminated; or 
"(III) no longer needs such program of special 
education; or 
"(iv) the termination of costly expenditures for 
long-term purchases, such as the acquisition of equip-
ment or the construction of school facilities. 
"(C) TREATMENT OF FEDERAL FUNDS IN CERTAIN FISCAL 
YEARS.— 
"(i) Notwithstanding 
clauses (ii) and (iii) of 
subparagraph (A), for any fiscal year for which 
amounts appropriated to carry out section 611 exceeds 
$4,100,000,000, a local educational agency may treat 
as local funds, for the purpose of such clauses, up 
39-194 O - 97 - 4 : QL 3 Part 1 
I l l STAT. 74 
PUBLIC LAW 1 0 5 - 1 7 - ^ U N E 4, 1997 
to 20 percent of the amount of funds it receives under 
this part that exceeds the amount it received under 
this part for the previous fiscal year. 
"(ii) Notwithstanding clause (i), if a State edu-
cational agency determines that a local educational 
agency is not meeting the requirements of this part, 
the State educational agency may prohibit the local 
educational agency from treating funds received under 
this part as local funds under clause (i) for any fiscal 
year, only if it is authorized to do so by the State 
constitution or a State statute. 
"(D) SCHOOLWIDE PROGRAMS UNDER TITLE I OF THE 
ESEA.—Notwithstanding subparagraph (A) or any other 
provision of this part, a local educational agency may use 
funds received under this part for any fiscal year to carry 
out a schoolwide program under section 1114 of the 
Elementary and Secondary Education Act of 1965, except 
that the amount so used in any such program shall not 
exceed— 
"(i) the number of children with disabilities partici-
pating in the schoolwide program; multiplied by 
"(ii)(I) the amount received by the local educational 
agency 
under 
this 
part 
for 
that 
fiscal 
year; 
divided by 
"(II) the number of children with disabilities in 
the jurisdiction of that agency. 
"(3) 
PERSONNEL 
DEVELOPMENT.—^The local educational 
agency— 
"(A) shall ensure that all personnel necessary to carry 
out this part are appropriately and adequately prepared, 
consistent with the requirements of section 653(c)(3)(D); 
and 
"(B) to the extent such agency determines appropriate, 
shall contribute to and use the comprehensive system of 
personnel development of the State established under sec-
tion 612(a)( 14). 
"(4) PERMISSIVE USE OF FUNDS.—^Notwithstanding para-
graph (2)(A) or section 612(a)(18)(B) (relating to commingled 
funds), funds provided to the local educational agency under 
this part may be used for the following activities: 
"(A) 
SERVICES AND AIDS THAT ALSO BENEFIT NON-
DISABLED CHILDREN.—For the costs of special education 
and related services and supplementary aids and services 
provided in a regular class or other education-related set-
ting to a child with a disability in accordance with the 
individualized education program of the child, even if one 
or more nondisabled children benefit from such services. 
"(B) 
INTEGRATED AND COORDINATED 
SERVICES 
SYS-
TEM.—^To develop and implement a fully integrated and 
coordinated services system in accordance with subsection 
(f). 
"(5) 
TREATMENT OF CHARTER SCHOOLS AND THEIR STU-
DENTS.—In carrying out this part with respect to charter schools 
that are public schools of the local educational agency, the 
local educational agency— 
PUBLIC LAW 105-17-^UNE 4, 1997 
111 STAT. 75 
"(A) serves children with disabilities attending those 
schools in the same manner as it serves children with 
disabilities in its other schools; and 
"(B) provides funds under this part to those schools 
in the same manner as it provides those funds to its other 
schools. 
"(6) INFORMATION FOR STATE EDUCATIONAL AGENCY.—The 
local educational agency shall provide the State educational 
agency with information 
necessary to enable the 
State 
educational agency to carry out its duties under this part, 
including, with respect to paragraphs (16) and (17) of section 
612(a), information relating to the performance of children with 
disabilities participating in programs carried out under this 
part. 
"(7) PUBLIC INFORMATION.—The local educational agency 
shall make available to parents of children with disabilities 
and to the general public all documents relating to the eligibility 
of such agency under this part. 
"(b) EXCEPTION FOR PRIOR LOCAL PLANS.— 
"(1) IN GENERAL.—If a local educational agency or State 
agency has on file with the State educational agency policies 
and procedures that demonstrate that such local educational 
agency, or such State agency, as the case may be, meets any 
requirement of subsection (a), including any policies and proce-
dures filed under this part as in effect before the effective 
date of the Individuals with Disabilities Education Act Amend-
ments of 1997, the State educational agency shall consider 
such local educational agency or State agency, as the case 
may be, to have met such requirement for purposes of receiving 
assistance under this part. 
"(2) MODIFICATION MADE BY LOCAL EDUCATIONAL AGENCY.— 
Subject to paragraph (3), an application submitted by a local 
educational agency in accordance with this section shall remain 
in effect until it submits to the State educational agency such 
modifications as the local educational agency deems necessary. 
"(3) 
MODIFICATIONS REQUIRED BY STATE EDUCATIONAL 
AGENCY.—If, after the effective date of the Individuals with 
Disabilities Education Act Amendments of 1997, the provisions 
of this Act are amended (or the regulations developed to carry 
out this Act are amended), or there is a new interpretation 
of this Act by Federal or State courts, or there is an official 
finding of noncompliance with Federal or State law or regula-
tions, the State educational agency may require a local 
educational agency to modify its application only to the extent 
necessary to ensure the local educational agency's compliance 
with this part or State law. 
"(c) NOTIFICATION OF LOCAL EDUCATIONAL AGENCY OR STATE 
AGENCY IN CASE OF INELIGIBILITY.—If the State educational agency 
determines that a local educational agency or State agency is not 
eligible under this section, the State educational agency shall notify 
the local educational agency or State agency, as the case may 
be, of that determination and shall provide such local educational 
agency or State agency with reasonable notice and an opportunity 
for a hearing. 
"(d) LOCAL EDUCATIONAL AGENCY COMPLIANCE.— 
"(1) IN GENERAL.—If the State educational agency, after 
reasonable notice and an opportunity for a hearing, finds that 
I l l STAT. 76 
PUBLIC LAW 1 0 5 - 1 7 - J U N E 4, 1997 
a local educational agency or State agency that has been deter-
mined to be eligible under this section is failing to comply 
with any requirement described in subsection (a), the State 
educational agency shall reduce or shall not provide any further 
payments to the local educational agency or State agency until 
the State educational agency is satisfied that the local 
educational agency or State agency, as the case may be, is 
complying with that requirement. 
"(2) ADDITIONAL REQUIREMENT.—^Any State agency or local 
educational agency in receipt of a notice described in paragraph 
(1) shall, by means of public notice, take such measures as 
may be necessary to bring the pendency of an action pursuant 
to this subsection to the attention of the public within the 
jurisdiction of such agency. 
"(3) CONSIDERATION.—In carrying out its responsibilities 
under paragraph (1), the State educational agency shall con-
sider any decision made in a hearing held under section 615 
that is adverse to the local educational agency or State agency 
involved in that decision. 
"(e) JOINT ESTABLISHMENT OF ELIGIBILITY.— 
"(1) JOINT ESTABLISHMENT.— 
"(A) IN GENERAL.—^A State educational agency may 
require a local educational agency to establish its eligibility 
jointly with another local educational agency if the State 
educational agency determines that the local educational 
agency would be ineligible under this section because the 
local educational agency would not be able to establish 
and maintain programs of sufficient size and scope to effec-
tively meet the needs of children with disabilities. 
"(B) CHARTER SCHOOL EXCEPTION.—^A State educational 
agency may not require a charter school that is a local 
educational agency to jointly establish its eligibility under 
subparagraph (A) unless it is explicitly permitted to do 
so under the State's charter school statute. 
"(2) AMOUNT OF PAYMENTS.—If a State educational agency 
requires the joint establishment of eligibility under paragraph 
(1), the total amount of funds made available to the affected 
local educational agencies shall be equal to the sum of the 
payments that each such local educational agency would have 
received under section 611(g) if such agencies were eligible 
for such payments. 
"(3) 
REQUIREMENTS.—Local educational 
agencies 
that 
establish joint eligibility under this subsection shall— 
"(A) adopt policies and procedures that are consistent 
with the State's policies and procedures under section 
612(a); and 
"(B) be jointly responsible for implementing programs 
that receive assistance under this part. 
"(4) REQUIREMENTS FOR EDUCATIONAL SERVICE AGENCIES.— 
"(A) IN GENERAL.—If an educational service agency 
is required by State law to carry out programs under 
this part, the joint responsibilities given to local educational 
agencies under this subsection shall— 
"(i) not apply to the administration and disburse-
ment of any payments received by that educational 
seiArice agency; and 
PUBLIC LAW 1 0 5 - 1 7 - J U N E 4, 1997 
111 STAT. 77 
"(ii) be carried out only by that educational service 
agency. 
"(B) ADDITIONAL REQUIREMENT.—^Notwithstanding any 
other provision of this subsection, an educational service 
agency shall provide for the education of children with 
disabilities in the least restrictive environment, as required 
by section 612(a)(5). 
"(f) COORDINATED SERVICES SYSTEM.— 
"(1) IN GENERAL.—^A local educational agency may not use 
more than 5 percent of the amount such agency receives under 
this part for any fiscal year, in combination with other amounts 
(which shall include amounts other than education funds), to 
develop and implement a coordinated services system designed 
to improve results for children and families, including children 
with disabilities and their families. 
"(2) ACTIVITIES.—In implementing a coordinated services 
system under this subsection, a local educational agency may 
carry out activities that include— 
"(A) improving the effectiveness and efficiency of serv-
ice delivery, including developing strategies that promote 
accountability for results; 
"(B) service coordination and case management that 
facilitates the linkage of individualized education programs 
under this part and individualized family service plans 
under part C with individualized service plans under mul-
tiple Federal and State programs, such as title I of the 
Rehabilitation Act of 1973 (vocational rehabilitation), title 
XIX of the Social Security Act (Medicaid), and title XVI 
of the Social Security Act (supplemental security income); 
"(C) developing and implementing interagency financ-
ing strategies for the provision of education, health, mental 
health, and social services, including transition services 
and related services under this Act; and 
"(D) interagency personnel development for individuals 
working on coordinated services. 
"(3) 
COORDINATION 
WITH 
CERTAIN 
PROJECTS 
UNDER 
ELEMENTARY AND SECONDARY EDUCATION ACT OF 1965.—If a 
local educational agency is carrying out a coordinated services 
project under title XI of the Elementary and Secondary Edu-
cation Act of 1965 and a coordinated services project under 
this part in the same schools, such agency shall use amounts 
under this subsection in accordance with the requirements 
of that title. 
"(g) SCHOOL-BASED IMPROVEMENT PLAN.— 
"(1) IN GENERAL.—Each local educational agency may, in 
accordance with paragraph (2), use funds made available under 
this part to permit a public school within the jurisdiction of 
the local educational agency to design, implement, and evaluate 
a school-based improvement plan that is consistent with the 
purposes described in section 651(b) and that is designed to 
improve educational and transitional results for all children 
with disabilities and, as appropriate, for other children consist-
ent with subparagraphs (A) and (B) of subsection (a)(4) in 
that public school. 
"(2) AUTHORITY.— 
"(A) IN GENERAL.—^A State educational agency may 
grant authority to a local educational agency to permit 
I l l STAT. 78 
PUBLIC LAW 1 0 5 - 1 7 - ^ U N E 4, 1997 
a public school described in paragraph (1) (through a school-
based standing panel established under paragraph (4)(B)) 
to design, implement, and evaluate a school-based improve-
ment plan described in paragraph (1) for a period not 
to exceed 3 years. 
"(B) RESPONSIBILITY OF LOCAL EDUCATIONAL AGENCY.— 
If a State educational agency grants the authority described 
in subparagraph (A), a local educational agency that is 
granted such authority shall have the sole responsibility 
of oversight of all activities relating to the design, 
implementation, 
and evaluation of any school-based 
improvement plan that a public school is permitted to 
design under this subsection. 
"(3) PLAN REQUIREMENTS.—A school-based improvement 
plan described in paragraph (1) shall— 
"(A) be designed to be consistent with the purposes 
described in section 651(b) and to improve educational and 
transitional results for all children with disabilities and, 
as appropriate, for other children consistent with subpara-
graphs (A) and (B) of subsection (a)(4), who attend the 
school for which the plan is designed and implemented; 
"(B) be designed, evaluated, and, a:s appropriate, imple-
mented by a school-based standing panel established in 
accordance with paragraph (4)(B); 
"(C) include goals and measurable indicators to assess 
the progress of the public school in meeting such goals; 
and 
"(D) ensure that all children with disabilities receive 
the services described in the individualized education pro-
grams of such children. 
"(4) 
RESPONSIBILITIES 
OF 
THE 
LOCAL 
EDUCATIONAL 
AGENCY.—A local educational agency that is granted authority 
under paragraph (2) to permit a public school to design, 
implement, and evaluate a school-based improvement plan 
shall— 
"(A) select each school under the jurisdiction of such 
agency that is eligible to design, implement, and evaluate 
such a plan; 
"(B) require each school selected under subparagraph 
(A), in accordance with criteria established by such local 
educational agency under subparagraph (C), to establish 
a school-based standing panel to carry out the duties 
described in paragraph (3)(B); 
"(C) estabhsh— 
"(i) criteria that shall be used by such local edu-
cational agency in the selection of an eligible school 
under subparagraph (A); 
"(ii) criteria that shall be used by a public school 
selected under subparagraph (A) in the establishment 
of a school-based standing panel to carry out the duties 
described in paragraph (3)(B) and that shall ensure 
that the membership of such panel reflects the diver-
sity of the community in which the public school is 
located and includes, at a minimum— 
"(I) parents of children with disabilities who 
attend such public school, including parents of 
PUBLIC LAW 105-17-JUNE 4, 1997 
111 STAT. 79 
children with disabihties from 
unserved and 
underserved populations, as appropriate; 
"(II) special education and general education 
teachers of such public school; 
"(III) special education and general education 
administrators, or the designee of such administra-
tors, of such public school; and 
"(IV) related 
services providers who are 
responsible for providing services to the children 
with disabilities who attend such public school; 
and 
"(iii) criteria that shall be used by such local edu-
cational agency with respect to the distribution of funds 
under this part to carry out this subsection; 
"(D) 
disseminate the criteria 
established 
under 
subparagraph (C) to local school district personnel and 
local parent organizations within the jurisdiction of such 
local educational agency; 
"(E) require a public school that desires to design, 
implement, and evaluate a school-based improvement plan 
to submit an application at such time, in such manner, 
and accompanied by such information as such local edu-
cational agency shall reasonably require; and 
"(F) establish procedures for approval by such local 
educational agency of a school-based improvement plan 
designed under this subsection. 
"(5) 
LIMITATION.—^A 
school-based 
improvement 
plan 
described in paragraph (1) may be submitted to a local edu-
cational agency for approval only if a consensus with respect 
to any matter relating to the design, implementation, or evalua-
tion of the goals of such plan is reached by the school-based 
standing panel that designed such plan. 
"(6) ADDITIONAL REQUIREMENTS.— 
"(A) PARENTAL INVOLVEMENT.—In carrying out the 
requirements of this subsection, a local educational agency 
shall ensure that the parents of children with disabilities 
are involved in the design, evaluation, and, where appro-
priate, implementation of school-based improvement plans 
in accordance with this subsection. 
"(B) PLAN APPROVAL.—^A local educational agency may 
approve a school-based improvement plan of a public school 
within the jurisdiction of such agency for a period of 3 
years, if— 
"(i) the approval is consistent with the policies, 
procedures, and practices established by such local edu-
cational agency and in accordance with this subsection; 
and 
"(ii) a majority of parents of children who are 
members of the school-based standing panel, and a 
majority of other members of the school-based standing 
panel, that designed such plan agree in writing to 
such plan. 
"(7) EXTENSION OF PLAN.—If a pubUc school within the 
jurisdiction of a local educational agency meets the applicable 
requirements and criteria described in paragraphs (3) and (4) 
at the expiration of the 3-year approval period described in 
I l l STAT. 80 
PUBLIC LAW 105-17-JUNE 4, 1997 
paragraph (6)(B), such agency may approve a school-based 
improvement plan of such school for an additional 3-year period. 
"(h) DIRECT SERVICES BY THE STATE EDUCATIONAL AGENCY.— 
"(1) IN GENERAL.—^A State educational agency shall use 
the payments that would otherwise have been available to 
a local educational agency or to a State agency to provide 
special education and related services directly to children with 
disabilities residing in the area served by that local agency, 
or for whom that State agency is responsible, if the State 
educational agency determines that the local education agency 
or State agency, as the case may be— 
"(A) has not provided the information needed to estab-
lish the eligibility of such agency under this section; 
"(B) is unable to establish and maintain programs of 
free appropriate public education that meet the require-
ments of subsection (a); 
"(C) is unable or unwilling to be consolidated with 
one or more local educational agencies in order to establish 
and maintain such programs; or 
"(D) has one or more children with disabilities who 
can best be served by a regional or State program or 
service-delivery system designed to meet the needs of such 
children. 
"(2) MANNER AND LOCATION OF EDUCATION AND SERVICES.— 
The State educational agency may provide special education 
and related services under paragraph (1) in such manner and 
at such locations (including regional or State centers) as the 
State agency considers appropriate. Such education and services 
shall be provided in accordance with this part. 
"(i) STATE AGENCY ELIGIBILITY.—^Atiy State agency that desires 
to receive a subgrant for any fiscal year under section 611(g) shall 
demonstrate to the satisfaction of the State educational agency 
that— 
"(1) all children with disabilities who are participating 
in programs and projects funded under this part receive a 
free appropriate public education, and that those children and 
their parents are provided all the rights and procedural safe-
guards described in this part; and 
"(2) the agency meets such other conditions of this section 
as the Secretary determines to be appropriate. 
"(j) DISCIPLINARY INFORMATION.—The State may require that 
a local educational agency include in the records of a child with 
a disability a statement of any current or previous disciplinary 
action that has been taken against the child and transmit such 
statement to the same extent that such disciplinary information 
is included in, and transmitted with, the student records of non-
disabled children. The statement may include a description of any 
behavior engaged in by the child that required disciplinary action, 
a description of the disciplinary action taken, and any other 
information that is relevant to the safety of the child and other 
individuals involved with the child. If the State adopts such a 
policy, and the child transfers from one school to another, the 
transmission of any of the child's records must include both the 
child's current individualized education program and any such state-
ment of current or previous disciplinary action that has been taken 
against the child. 
PUBLIC LAW 105-17^JUNE 4, 1997 
111 STAT. 81 
-SEC. 614. EVALUATIONS, ELIGIBILITY DETERMINATIONS, INDIVIDUAL- 
20 USC 1414. 
IZED 
EDUCATION 
PROGRAMS, 
AND 
EDUCATIONAL 
PLACEMENTS. 
"(a) EVALUATIONS AND REEVALUATIONS.— 
"(1) INITIAL EVALUATIONS.— 
"(A) IN GENERAL.—^A State educational agency, other 
State agency, or local educational agency shall conduct 
a full and individual initial evaluation, in accordance with 
this paragraph and subsection (b), before the initial provi-
sion of special education and related services to a child 
with a disability under this part. 
"(B) PROCEDURES.—Such initial evaluation shall con-
sist of procedures— 
"(i) to determine whether a child is a child with 
a disability (as defined in section 602(3)); and 
"(ii) to determine the educational needs of such 
child. 
"(C) PARENTAL CONSENT.— 
"(i) IN GENERAL.—^The agency proposing to conduct 
an initial evaluation to determine if the child qualifies 
as a child with a disability as defined in section 
602(3)(A) or 602(3)(B) shall obtain an informed consent 
from the parent of such child before the evaluation 
is conducted. Parental consent for evaluation shall not 
be construed as consent for placement for receipt of 
special education and related services. 
"(ii) REFUSAL.—If the parents of such child refuse 
consent for the evaluation, the agency may continue 
to pursue an evaluation by utilizing the mediation 
and due process procedures under section 615, except 
to the extent inconsistent with State law relating to 
parental consent. 
"(2) REEVALUATIONS.—^A local educational agency shall 
ensure that a reevaluation of each child with a disability is 
conducted— 
"(A) if conditions warrant a reevaluation or if the 
child's parent or teacher requests a reevaluation, but at 
least once every 3 years; and 
"(B) in accordance with subsections (b) and (c). 
"(b) EVALUATION PROCEDURES.— 
"(1) NOTICE.—^The local educational agency shall provide 
notice to the parents of a child with a disability, in accordance 
with subsections (b)(3), (b)(4), and (c) of section 615, that 
describes any evaluation procedures such agency proposes to 
conduct. 
"(2) CONDUCT OF EVALUATION.—In conducting the evalua-
tion, the local educational agency shall— 
"(A) use a variety of assessment tools and strategies 
to gather relevant functional and developmental informa-
tion, including information provided by the parent, that 
may assist in determining whether the child is a child 
with a disability and the content of the child's individual-
ized education program, including information related to 
enabling the child to be involved in and progress in the 
general curriculum or, for preschool children, to participate 
in appropriate activities; 
Ill STAT. 82 
PUBLIC LAW 105-17-JUNE 4, 1997 
"(B) not use any single procedure as the sole criterion 
for determining whether a child is a child with a disability 
or determining an appropriate educational program for the 
child; and 
"(C) use technically sound instruments that may assess 
the relative contribution of cognitive and behavioral factors, 
in addition to physical or developmental factors. 
"(3) ADDITIONAL REQUIREMENTS.—Each local educational 
agency shall ensure that— 
"(A) tests and other evaluation materials used to assess 
a child under this section— 
"(i) are selected and administered so as not to 
be discriminatory on a racial or cultural basis; and 
"(ii) are provided and administered in the child's 
native language or other mode of communication, 
unless it is clearly not feasible to do so; and 
"(B) any standardized tests that are given to the child— 
"(i) have been validated for the specific purpose 
for which they are used; 
"(ii) are administered by trained and knowledge-
able personnel; and 
"(iii) are administered in accordance with any 
instructions provided by the producer of such tests; 
"(C) the child is assessed in all areas of suspected 
disability; and 
"(D) assessment tools and strategies that provide 
relevant information that directly assists persons in deter-
mining the educational needs of the child are provided. 
"(4) DETERMINATION OF ELIGIBILITY.—Upon completion of 
administration of tests and other evaluation materials— 
"(A) the determination of whether the child is a child 
with a disability as defined in section 602(3) shall be made 
by a team of qualified professionals and the parent of 
the child in accordance with paragraph (5); and 
"(B) a copy of the evaluation report and the documenta-
tion of determination of eligibility will be given to the 
parent. 
"(5) 
SPECIAL RULE FOR ELIGIBILITY DETERMINATION.—In 
making a determination of eligibility under paragraph (4)(A), 
a child shall not be determined to be a child with a disability 
if the determinant factor for such determination is lack of 
instruction in reading or math or limited English proficiency. 
"(c) 
ADDITIONAL 
REQUIREMENTS 
FOR 
EVALUATION 
AND 
REEVALUATIONS.— 
"(1) REVIEW OF EXISTING EVALUATION DATA.—^As part of 
an initial evaluation (if appropriate) and as part of any 
reevaluation under this section, the lEP Team described in 
subsection (d)(1)(B) and other qualified professionals, as appro-
priate, shall— 
"(A) review existing evaluation data on the child, 
including evaluations and information provided by the par-
ents of the child, current classroom-based assessments and 
observations, and teacher and related services providers 
observation; and 
"(B) on the basis of that review, and input from the 
child's parents, identify what additional data, if any, are 
needed to determine— 
PUBLIC LAW 105-17—JUNE 4, 1997 
111 STAT. 83 
"(i) whether the child has a particular category 
of disability, as described in section 602(3), or, in case 
of a reevaluation of a child, whether the child continues 
to have such a disability; 
"(ii) the present levels of performance and edu-
cational needs of the child; 
"(iii) whether the child needs special education 
and related services, or in the case of a reevaluation 
of a child, whether the child continues to need special 
education and related services; and 
"(iv) whether any additions or modifications to the 
special education and related services are needed to 
enable the child to meet the measurable annual goals 
set out in the individualized education program of the 
child and to participate, as appropriate, in the general 
curriculum. 
"(2) SOURCE OF DATA.—^The local educational agency shall 
administer such tests and other evaluation materials as may 
be needed to produce the data identified by the lEP Team 
under paragraph (1)(B). 
"(3) PARENTAL CONSENT.—Each local educational agency 
shall obtain informed parental consent, in accordance with 
subsection (a)(1)(C), prior to conducting any reevaluation of 
a child with a disability, except that such informed parent 
consent need not be obtained if the local educational agency 
can demonstrate that it had taken reasonable measures to 
obtain such consent and the child's parent has failed to respond. 
"(4) REQUIREMENTS IF ADDITIONAL DATA ARE NOT NEEDED.— 
If the lEP Team and other qualified professionals, 
as 
appropriate, determine that no additional data are needed to 
determine whether the child continues to be a child with a 
disability, the local educational agency— 
"(A) shall notify the child's parents of— 
"(i) that determination and the reasons for it; and 
"(ii) the right of such parents to request an assess-
ment to determine whether the child continues to be 
a child with a disability; and 
"(B) shall not be required to conduct such an assess-
ment unless requested to by the child's parents. 
"(5) EVALUATIONS BEFORE CHANGE IN ELIGIBILITY.—^A local 
educational agency shall evaluate a child with a disability 
in accordance with this section before determining that the 
child is no longer a child with a disability. 
"(d) INDIVIDUALIZED EDUCATION PROGRAMS.— 
"(1) DEFINITIONS.—^As used in this title: 
"(A) INDIVIDUALIZED EDUCATION PROGRAM.—The term 
'individualized education program' or 'lEP' means a written 
statement for each child with a disability that is developed, 
reviewed, and revised in accordance with this section and 
that includes— 
"(i) a statement of the child's present levels of 
educational performance, including— 
"(I) how the child's disability affects the child's 
involvement and progress in the general curricu-
lum; or 
Ill STAT. 84 
PUBLIC LAW 105-17-JUNE 4, 1997 
"(11) for preschool children, as appropriate, 
how the disability affects the child's participation 
in appropriate activities; 
"(ii) a statement of measurable annual goals, 
including benchmarks or short-term objectives, related 
to— 
"(I) meeting the child's needs that result from 
the child's disability to enable the child to be 
involved in and progress in the general curriculum; 
and 
"(II) meeting 
each 
of the 
child's 
other 
educational needs that result from the child's 
disability; 
"(iii) a statement of the special education and 
related services and supplementary aids and services 
to be provided to the child, or on behalf of the child, 
and a statement of the program modifications or sup-
ports for school personnel that will be provided for 
the child— 
"(I) to advance appropriately toward attaining 
the annual goals; 
"(II) to be involved and progress in the general 
curriculum in accordance with clause (i) and to 
participate in extracurricular and other nonaca-
demic activities; and 
"(III) to be educated and participate with other 
children with disabilities and nondisabled children 
in the activities described in this paragraph; 
"(iv) an explanation of the extent, if any, to which 
the child will not participate with nondisabled children 
in the regular class and in the activities described 
in clause (iii); 
"(v)(I) a statement of any individual modifications 
in the administration of State or districtwide assess-
ments of student achievement that are needed in order 
for the child to participate in such assessment; and 
"(II) if the lEP Team determines that the child 
will not participate in a particular State or districtwide 
assessment of student achievement (or part of such 
an assessment), a statement of— 
"(aa) why that assessment is not appropriate 
for the child; and 
"(bb) how the child will be assessed; 
"(vi) the projected date for the beginning of the 
services and modifications described in clause (iii), and 
the anticipated frequency, location, and duration of 
those services and modifications; 
"(vii)(I) beginning at age 14, and updated annually, 
a statement of the transition service needs of the child 
under the applicable components of the child's lEP 
that focuses on the child's courses of study (such as 
participation in advanced-placement courses or a voca-
tional education program); 
"(II) beginning at age 16 (or younger, if determined 
appropriate by the lEP Team), a statement of needed 
PUBLIC LAW 105-17—JUNE 4, 1997 
111 STAT. 85 
transition services for the child, including, when appro-
priate, a statement of the interagency responsibilities 
or any needed linkages; and 
"(HI) beginning at least one year before the child 
reaches the age of majority under State law, a state-
ment that the child has been informed of his or her 
rights under this title, if any, that will transfer to 
the child on reaching the age of majority under section 
615(m); and 
"(viii) a statement of— 
"(I) how the child's progress toward the annual 
goals described in clause (ii) will be measured; 
and 
"(II) how the child's parents will be regularly 
informed (by such means as periodic report cards), 
at least as often as parents are informed of their 
nondisabled children's progress, of— 
"(aa) their child's progress toward the 
annual goals described in clause (ii); and 
"(bb) the extent to which that progress 
is sufficient to enable the child to achieve the 
goals by the end of the year. 
"(B) INDIVIDUALIZED EDUCATION PROGRAM TEAM.—The 
term 'individualized education program team' or 'lEP Team' 
means a group of individuals composed of— 
"(i) the parents of a child with a disability; 
"(ii) at least one regular education teacher of such 
child (if the child is, or may be, participating in the 
regular education environment); 
"(iii) at least one special education teacher, or 
where appropriate, at least one special education pro-
vider of such child; 
"(iv) a representative of the local educational 
agency who— 
"(I) is qualified to provide, or supervise the 
provision of, specially designed instruction to meet 
the unique needs of children with disabilities; 
"(II) is knowledgeable about the 
general 
curriculum; and 
"(III) is knowledgeable about the availability 
of resources of the local educational agency; 
"(v) an individual who can interpret the instruc-
tional implications of evaluation results, who may be 
a member of the team described in clauses (ii) through 
(vi); 
"(vi) at the discretion of the parent or the agency, 
other individuals who have knowledge or special exper-
tise regarding the child, including related services 
personnel as appropriate; and 
"(vii) whenever appropriate, the child with a 
disability. 
"(2) REQUIREMENT THAT PROGRAM BE IN EFFECT.— 
"(A) IN GENERAL.—^At the beginning of each school 
year, each local educational agency, State educational 
agency, or other State agency, as the case may be, shall 
I l l STAT. 86 
PUBLIC LAW 105-17-^UNE 4, 1997 
have in effect, for each child with a disabiHty in its jurisdic-
tion, an individualized education program, as defined in 
paragraph (1)(A). 
"(B) PROGRAM FOR CHILD AGED 3 THROUGH 5.—In the 
case of a child with a disability aged 3 through 5 (or, 
at the discretion of the State educational agency, a 2 year-
old child with a disability who will turn age 3 during 
the school year), an individualized family service plan that 
contains the material described in section 636, and that 
is developed in accordance with this section, may serve 
as the lEP of the child if using that plan as the lEP 
is— 
"(i) consistent with State policy; and 
"(ii) agreed to by the agency and the child's 
parents. 
"(3) DEVELOPMENT OF IEP.— 
"(A) IN GENERAL.—In developing each child's IEP, the 
IEP Team, subject to subparagraph (C), shall consider— 
"(i) the strengths of the child and the concerns 
of the parents for enhancing the education of their 
child; and 
"(ii) the results of the initial evaluation or most 
recent evaluation of the child. 
"(B) CONSIDERATION OF SPECIAL FACTORS.—^The IEP 
Team shall— 
"(i) in the case of a child whose behavior impedes 
his or her learning or that of others, consider, when 
appropriate, strategies, including positive behavioral 
interventions, strategies, and supports to address that 
behavior; 
"(ii) in the case of a child with limited English 
proficiency, consider the language needs of the child 
as such needs relate to the child's IEP; 
"(iii) in the case of a child who is blind or visually 
impaired, provide for instruction in Braille and the 
use of Braille unless the IEP Team determines, after 
an evaluation of the child's reading and writing skills, 
needs, and appropriate reading and writing media 
(including an evaluation of the child's future needs 
for instruction in Braille or the use of Braille), that 
instruction in Braille or the use of Braille is not appro-
priate for the child; 
"(iv) consider the communication needs of the child, 
and in the case of a child who is deaf or hard of 
hearing, consider the child's language and communica-
tion needs, opportunities for direct communications 
with peers and professional personnel in the child's 
language and communication mode, academic level, 
and full range of needs, including opportunities for 
direct instruction in the child's language and commu-
nication mode; and 
"(v) consider whether the child requires assistive 
technology devices and services. 
"(C) REQUIREMENT WITH RESPECT TO REGULAR EDU-
CATION TEACHER.—^The regular education teacher of the 
child, as a member of the IEP Team, shall, to the extent 
appropriate, participate in the development of the IEP 
PUBLIC LAW 105-17^JUNE 4, 1997 
111 STAT. 87 
of the child, including the determination of appropriate 
positive behavioral interventions and strategies and the 
determination of supplementary aids and services, program 
modifications, and support for school personnel consistent 
with paragraph (l)(A)(iii). 
"(4) REVIEW AND REVISION OF IEP.— 
"(A) IN GENERAL.—The local educational agency shall 
ensure that, subject to subparagraph (B), the IEP Team— 
"(i) reviews the child's IEP periodically, but not 
less than annually to determine whether the annual 
goals for the child are being achieved; and 
"(ii) revises the IEP as appropriate to address— 
"(I) any lack of expected progress toward the 
annual goals and in the general curriculum, where 
appropriate; 
"(II) the results of any reevaluation conducted 
under this section; 
"(III) information about the child provided to, 
or by, the parents, as described in subsection 
(c)(1)(B); 
"(IV) the child's anticipated needs; or 
"(V) other matters. 
"(B) 
REQUIREMENT WITH RESPECT TO REGULAR EDU-
CATION TEACHER.—^The regular education teacher of the 
child, as a member of the IEP Team, shall, to the extent 
appropriate, participate in the review and revision of the 
IEP of the child. 
"(5) FAILURE TO MEET TRANSITION OBJECTIVES.—If a partici-
pating agency, other than the local educational agency, fails 
to provide the transition services described in the IEP in accord-
ance with paragraph (l)(A)(vii), the local educational agency 
shall reconvene the IEP Team to identify alternative strategies 
to meet the transition objectives for the child set out in that 
program. 
"(6) CHILDREN WITH DISABILITIES IN ADULT PRISONS.— 
"(A) IN GENERAL.—^The following requirements do not 
apply to children with disabilities who are convicted as 
adults under State law and incarcerated in adult prisons: 
"(i) 
The 
requirements 
contained 
in 
section 
612(a)(17) and paragraph (l)(A)(v) of this subsection 
(relating to participation of children with disabilities 
in general assessments). 
"(ii) The requirements of subclauses (I) and (II) 
of paragraph (l)(A)(vii) of this subsection (relating to 
transition planning and transition services), do not 
apply with respect to such children whose eligibility 
under this part will end, because of their age, before 
they will be released from prison. 
"(B) ADDITIONAL REQUIREMENT.—If a child with a 
disability is convicted as an adult under State law and 
incarcerated in an adult prison, the child's IEP Team may 
modify the child's IEP or placement notwithstanding the 
requirements of sections 612(a)(5)(A) and 614(d)(1)(A) if 
the State has demonstrated a bona fide security or 
compelling penological interest that cannot otherwise be 
accommodated. 
I l l STAT. 88 
PUBLIC LAW 105-17^JUNE 4, 1997 
"(e) CONSTRUCTION.—Nothing in this section shall be construed 
to require the lEP Team to include information under one compo-
nent of a child's IE? that is already contained under another 
component of such lEP. 
"(f) EDUCATIONAL PLACEMENTS.—Each local educational agency 
or State educational agency shall ensure that the parents of each 
child with a disability are members of any group that makes deci-
sions on the educational placement of their child. 
20 use 1415. 
«SEC. 615. PROCEDURAL SAFEGUARDS. 
"(a) ESTABLISHMENT OF PROCEDURES.—^Any State educational 
agency, State agency, or local educational agency that receives 
assistance under this part shall establish and maintain procedures 
in accordance with this section to ensure that children with disabil-
ities and their parents are guaranteed procedural safeguards with 
respect to the provision of free appropriate public education by 
such agencies. 
"(b) TYPES OF PROCEDURES.—^The procedures required by this 
section shall include— 
"(1) an opportunity for the parents of a child with a disabil-
ity to examine all records relating to such child and to 
participate in meetings with respect to the identification, 
evaluation, and educational placement of the child, and the 
provision of a free appropriate public education to such child, 
and to obtain an independent educational evaluation of the 
child; 
"(2) procedures to protect the rights of the child whenever 
the parents of the child are not Imown, the agency cannot, 
after reasonable efforts, locate the parents, or the child is 
a ward of the State, including the assignment of an individual 
(who shall not be an employee of the State educational agency, 
the local educational agency, or any other agency that is 
involved in the education or care of the child) to act as a 
surrogate for the parents; 
"(3) written prior notice to the parents of the child when-
ever such agency— 
"(A) proposes to initiate or change; or 
"(B) refuses to initiate or change; 
the identification, evaluation, or educational placement of the 
child, in accordance with subsection (c), or the provision of 
a free appropriate public education to the child; 
"(4) procedures designed to ensure that the notice required 
by paragraph (3) is in the native language of the parents, 
unless it clearly is not feasible to do so; 
"(5) an opportunity for mediation in accordance with sub-
section (e); 
"(6) an opportunity to present complaints with respect to 
any matter relating to the identification, 
evaluation, or 
educational placement of the child, or the provision of a free 
appropriate public education to such child; 
"(7) procedures that require the parent of a child with 
a disability, or the attorney representing the child, to provide 
notice (which shall remain confidential)— 
"(A) to the State educational agency or local edu-
cational agency, as the case may be, in the complaint 
filed under paragraph (6); and 
"(B) that shall include— 
PUBLIC LAW 105-17—JUNE 4, 1997 
111 STAT. 89 
"(i) the name of the child, the address of the resi-
dence of the child, and the name of the school the 
child is attending; 
"(ii) a description of the nature of the problem 
of the child relating to such proposed initiation or 
change, including facts relating to such problem; and 
"(iii) a proposed resolution of the problem to the 
extent known and available to the parents at the time; 
and 
"(8) procedures that require the State educational agency 
to develop a model form to assist parents in filing a complaint 
in accordance with paragraph (7). 
"(c) CONTENT OF PRIOR WRITTEN NOTICE.—The notice required 
by subsection (b)(3) shall include— 
"(1) a description of the action proposed or refused by 
the agency; 
"(2) an explanation of why the agency proposes or refuses 
to take the action; 
"(3) a description of any other options that the agency 
considered and the reasons why those options were rejected; 
"(4) a description of each evaluation procedure, test, record, 
or report the agency used as a basis for the proposed or refused 
action; 
"(5) a description of any other factors that are relevant 
to the agency's proposal or refusal; 
"(6) a statement that the parents of a child with a disability 
have protection under the procedural safeguards of this part 
and, if this notice is not an initial referral for evaluation, 
the means by which a copy of a description of the procedural 
safeguards can be obtained; and 
"(7) sources for parents to contact to obtain assistance 
in understanding the provisions of this part. 
"(d) PROCEDURAL SAFEGUARDS NOTICE.— 
"(1) IN GENERAL.—^A copy of the procedural safeguards 
available to the parents of a child with a disability shall be 
given to the parents, at a minimum— 
"(A) upon initial referral for evaluation; 
"(B) upon each notification of an individualized edu-
cation program meeting and upon reevaluation of the child; 
and 
"(C) upon registration of a complaint under subsection 
(b)(6). 
"(2) CONTENTS.—The procedural safeguards notice shall 
include a full explanation of the procedural safeguards, written 
in the native language of the parents, unless it clearly is 
not feasible to do so, and written in an easily understandable 
manner, available under this section and under regulations 
promulgated by the Secretary relating to— 
"(A) independent educational evaluation; 
"(B) prior written notice; 
"(C) parental consent; 
"(D) access to educational records; 
"(E) opportunity to present complaints; 
"(F) the child's placement during pendency of due 
process proceedings; 
"(G) procedures for students who are subject to place-
ment in an interim alternative educational setting; 
I l l STAT. 90 
PUBLIC LAW 105-17-JUNE 4, 1997 
"(H) requirements for unilateral placement by parents 
of children in private schools at public expense; 
"(I) mediation; 
"(J) due process hearings, including requirements for 
disclosure of evaluation results and recommendations; 
"(K) State-level appeals (if applicable in that State); 
"(L) civil actions; and 
"(M) attorneys' fees. 
"(e) MEDIATION.— 
"(1) IN GENERAL.—^Any State educational agency or local 
educational agency that receives assistance under this part 
shall ensure that procedures are established and implemented 
to allow parties to disputes involving any matter described 
in subsection (b)(6) to resolve such disputes through a mediation 
process which, at a minimum, shall be available whenever 
a hearing is requested under subsection (f) or (k). 
"(2) REQUIREMENTS.—Such procedures shall meet the fol-
lowing requirements: 
"(A) The procedures shall ensure that the mediation 
process— 
"(i) is voluntary on the part of the parties; 
"(ii) is not used to deny or delay a parent's right 
to a due process hearing under subsection (f), or to 
deny any other rights £ifForded under this part; and 
"(iii) is conducted by a qualified and impartial 
mediator who is trained in effective mediation tech-
niques. 
"(B) A local educational agency or a State agency may 
establish procedures to require parents who choose not 
to use the mediation process to meet, at a time and location 
convenient to the parents, with a disinterested party who 
is under contract with— 
"(i) a parent training and information center or 
community parent resource center in the State estab-
lished under section 682 or 683; or 
"(ii) an appropriate alternative dispute resolution 
entity; 
to encourage the use, and explain the benefits, of the 
mediation process to the parents. 
"(C) The State shall maintain a list of individuals 
who are qualified mediators and knowledgeable in laws 
and regulations relating to the provision of special edu-
cation and related services. 
"(D) The State shall bear the cost of the mediation 
process, including the costs of meetings described in 
subparagraph (B). 
"(E) Each session in the mediation process shall be 
scheduled in a timely manner and shall be held in a loca-
tion that is convenient to the parties to the dispute. 
"(F) An agreement reached by the parties to the dispute 
in the mediation process shall be set forth in a written 
mediation agreement. 
"(G) Discussions that occur during the mediation proc-
ess shall be confidential and may not be used as evidence 
in any subsequent due process hearings or civil proceedings 
and the parties to the mediation process may be required 
PUBLIC LAW 105-17—JUNE 4, 1997 
111 STAT. 91 
to sign a confidentiality pledge prior to the commencement 
of such process. 
"(f) IMPARTIAL DUE PROCESS HEARING.— 
"(1) IN GENERAL.—Whenever a complaint has been received 
under subsection (b)(6) or (k) of this section, the parents 
involved in such complaint shall have an opportunity for an 
impartial due process hearing, which shall be conducted by 
the State educational agency or by the local educational agency, 
as determined by State law or by the State educational agency. 
"(2) 
DISCLOSURE OF EVALUATIONS AND RECOMMENDA-
TIONS.— 
"(A) IN GENERAL.—^At least 5 business days prior to 
a hearing conducted pursuant to paragraph (1), each party 
shall disclose to all other parties all evaluations completed 
by that date and recommendations based on the offering 
party's evaluations that the party intends to use at the 
hearing. 
"(B) FAILURE TO DISCLOSE.—^A hearing officer may bar 
any party that fails to comply with subparagraph (A) from 
introducing the relevant evaluation or recommendation at 
the hearing without the consent of the other party. 
"(3) LIMITATION ON CONDUCT OF HEARING.—^A hearing con-
ducted pursuant to paragraph (1) may not be conducted by 
an employee of the State educational agency or the local edu-
cational agency involved in the education or care of the child. 
"(g) APPEAL.—If the hearing required by subsection (f) is con-
ducted by a local educational agency, any party aggrieved by the 
findings and decision rendered in such a hearing may appeal such 
findings and decision to the State educational agency. Such agency 
shall conduct an impartial review of such decision. The officer 
conducting such review shall make an independent decision upon 
completion of such review. 
"(h) SAFEGUARDS.—^Any party to a hearing conducted pursuant 
to subsection (f) or (k), or an appeal conducted pursuant to sub-
section (g), shall be accorded— 
"(1) the right to be accompanied and advised by counsel 
and by individuals with special knowledge or training with 
respect to the problems of children with disabilities; 
"(2) the right to present evidence and confront, cross-exam-
ine, and compel the attendance of witnesses; 
"(3) the right to a written, or, at the option of the parents, 
electronic verbatim record of such hearing; and 
"(4) the right to written, or, at the option of the parents, 
electronic findings of fact and decisions (which findings and 
decisions shall be made available to the public consistent with 
the requirements of section 617(c) (relating to the confidential-
ity of data, information, and records) and shall also be 
transmitted to the advisory panel established pursuant to sec-
tion 612(a)(21)). 
"(i) ADMINISTRATIVE PROCEDURES.— 
"(1) IN GENERAL.— 
"(A) DECISION MADE IN HEARING.—^A decision made 
in a hearing conducted pursuant to subsection (f) or (k) 
shall be final, except that any party involved in such hear-
ing may appeal such decision under the provisions of 
subsection (g) and paragraph (2) of this subsection. 
I l l STAT. 92 
PUBLIC LAW 1 0 5 - 1 7 - ^ U N E 4, 1997 
"(B) DECISION MADE AT APPEAL.—A decision made 
under subsection (g) shall be final, except that any party 
may bring an action under paragraph (2) of this subsection. 
"(2) RIGHT TO BRING CIVIL ACTION.— 
"(A) IN GENERAL.—^Any party aggrieved by the findings 
and decision made under subsection (f) or (k) who does 
not have the right to an appeal under subsection (g), and 
any party aggrieved by the findings and decision under 
this subsection, shall have the right to bring a civil action 
with respect to the complaint presented pursuant to this 
section, which action may be brought in any State court 
of competent jurisdiction or in a district court of the United 
States without regard to the amount in controversy. 
"(B) 
ADDITIONAL 
REQUIREMENTS.—In 
any action 
brought under this paragraph, the court— 
"(i) shall receive the records of the administrative 
proceedings; 
"(ii) shall hear additional evidence at the request 
of a party; and 
"(iii) basing its decision on the preponderance of 
the evidence, shall grant such relief as the court deter-
mines is appropriate. 
"(3) JURISDICTION OF DISTRICT COURTS; ATTORNEYS' FEES.— 
"(A) IN GENERAL.—^The district courts of the United 
States shall have jurisdiction of actions brought under this 
section without regard to the amount in controversy. 
"(B) AWARD OF ATTORNEYS' FEES.—In any action or 
proceeding brought under this section, the court, in its 
discretion, may award reasonable attorneys' fees as part 
of the costs to the parents of a child with a disability 
who is the prevailing party. 
"(C) 
DETERMINATION 
OF 
AMOUNT 
OF 
ATTORNEYS' 
FEES.—^Fees awarded under this paragraph shall be based 
on rates prevailing in the community in which the action 
or proceeding arose for the kind and quality of services 
furnished. No bonus or multiplier may be used in calculat-
ing the fees awarded under this subsection. 
"(D) PROHIBITION OF ATTORNEYS' FEES AND RELATED 
COSTS FOR CERTAIN SERVICES.— 
"(i) Attorneys' fees may not be awarded and related 
costs may not be reimbursed in any action or proceed-
ing 
under 
this 
section 
for 
services 
performed 
subsequent to the time of a written offer of settlement 
to a parent if— 
"(I) the offer is made within the time pre-
scribed by Rule 68 of the Federal Rules of Civil 
Procedure or, in the case of an administrative 
proceeding, at any time more than 10 days before 
the proceeding begins; 
"(II) the offer is not accepted within 10 days; 
and 
"(III) the court or administrative hearing offi-
cer finds that the relief finally obtained by the 
parents is not more favorable to the parents than 
the offer of settlement. 
"(ii) Attorneys' fees may not be awarded relating 
to any meeting of the lEP Team unless such meeting 
PUBLIC LAW 105-17-JUNE 4, 1997 
111 STAT. 93 
is convened as a result of an administrative proceeding 
or judicial action, or, at the discretion of the State, 
for a mediation described in subsection (e) that is 
conducted prior to the filing of a complaint under sub-
section (b)(6) or (k) of this section. 
"(E) EXCEPTION TO PROHIBITION ON ATTORNEYS' FEES 
AND RELATED COSTS.—^Notwithstanding subparagraph (D), 
an award of attorneys' fees and related costs may be made 
to a parent who is the prevailing party and who was 
substantially justified in rejecting the settlement offer. 
"(F) REDUCTION IN AMOUNT OF ATTORNEYS' FEES.— 
Except as provided in subparagraph (G), whenever the 
court finds that— 
"(i) the parent, during the course of the action 
or proceeding, unreasonably protracted the final resolu-
tion of the controversy; 
"(ii) the amount of the attorneys' fees otherwise 
authorized to be awarded unreasonably exceeds the 
hourly rate prevailing in the community for similar 
services by attorneys of reasonably comparable skill, 
reputation, and experience; 
"(iii) the time spent and legal services furnished 
were excessive considering the nature of the action 
or proceeding; or 
"(iv) the attorney representing the parent did not 
provide to the school district the appropriate informa-
tion in the due process complaint in accordance with 
subsection (b)(7); 
the court shall reduce, accordingly, the amount of the attor-
neys' fees awarded under this section. 
"(G) 
EXCEPTION 
TO 
REDUCTION 
IN 
AMOUNT 
OF 
ATTORNEYS' FEES.—^The provisions of subparagraph (F) 
shall not apply in any action or proceeding if the court 
finds that the State or local educational agency unreason-
ably protracted the final resolution of the action or proceed-
ing or there was a violation of this section. 
"0") MAINTENANCE OF CURRENT EDUCATIONAL PLACEMENT.— 
Except as provided in subsection (k)(7), during the pendency of 
any proceedings conducted pursuant to this section, unless the 
State or local educational agency and the parents otherwise agree, 
the child shall remain in the then-current educational placement 
of .such child, or, if applying for initial admission to a public school, 
shall, with the consent of the parents, be placed in the public 
school program until all such proceedings have been completed. 
"(k) PLACEMENT IN ALTERNATIVE EDUCATIONAL SETTING.— 
"(1) AUTHORITY OF SCHOOL PERSONNEL.— 
"(A) School personnel under this section may order 
a change in the placement of a child with a disability— 
"(i) to an appropriate interim alternative edu-
cational setting, another setting, or suspension, for 
not more than 10 school days (to the extent such 
alternatives would be applied to children without 
disabilities); and 
"(ii) to an appropriate interim alternative edu-
cational setting for the same amount of time that a 
child without a disability would be subject to discipline, 
but for not more than 45 days i
f
— 
I l l STAT. 94 
PUBLIC LAW 105-17^JUNE 4, 1997 
"(I) the child carries a weapon to school or 
to a school function under the jurisdiction of a 
State or a local educational agency; or 
"(II) the child knowingly possesses or uses 
illegal drugs or sells or solicits the sale of a con-
trolled substance while at school or a school 
function under the jurisdiction of a State or local 
educational agency. 
"(B) Either before or not later than 10 days after 
taking a disciplinary action described in subparagraph 
( A ) -
"(i) if the local educational agency did not conduct 
a functional behavioral assessment and implement a 
behavioral intervention plan for such child before the 
behavior that resulted in the suspension described in 
subparagraph (A), the agency shall convene an lEP 
meeting to develop an assessment plan to address that 
behavior; or 
"(ii) if the child already has a behavioral interven-
tion plan, the lEP Team shall review the plan and 
modify it, as necessary, to address the behavior. 
"(2) AUTHORITY OF HEARING OFFICER.—-A hearing officer 
under this section may order a change in the placement of 
a child with a disability to an appropriate interim alternative 
educational setting for not more than 45 days if the hearing 
officer— 
"(A) determines that the public agency has dem-
onstrated by substantial evidence that maintaining the 
current placement of such child is substantially likely to 
result in injury to the child or to others; 
"(B) considers the appropriateness of the child's current 
placement; 
"(C) considers whether the public agency has made 
reasonable efforts to minimize the risk of harm in the 
child's current placement, including the use of supple-
mentary aids and services; and 
"(D) determines that the interim alternative edu-
cational setting meets the requirements of paragraph 
(3)(B). 
"(3) DETERMINATION OF SETTING.— 
"(A) IN GENERAL.—The alternative educational setting 
described in paragraph (l)(A)(ii) shall be determined by 
the lEP Team. 
"(B) ADDITIONAL REQUIREMENTS.—^Any interim alter-
native educational setting in which a child is placed under 
paragraph (1) or (2) shall— 
"(i) be selected so as to enable the child to continue 
to participate in the general curriculum, although in 
another setting, and to continue to receive those serv-
ices and modifications, including those described in 
the child's current lEP, that will enable the child to 
meet the goals set out in that lEP; and 
"(ii) include services and modifications designed 
to address the behavior described in paragraph (1) 
or paragraph (2) so that it does not recur. 
"(4) MANIFESTATION DETERMINATION REVIEW.— 
PUBLIC LAW 1 0 5 - 1 7 ^ J U N E 4, 1997 
111 STAT. 95 
"(A) IN GENERAL.—If a disciplinary action is con-
templated as described in paragraph (1) or paragraph (2) 
for a behavior of a child with a disability described in 
either of those paragraphs, or if a disciplinary action involv-
ing a change of placement for more than 10 days is 
contemplated for a child with a disability who has engaged 
in other behavior that violated any rule or code of conduct 
of the local educational agency that applies to all children— 
"(i) not later than the date on which the decision 
to take that action is made, the parents shall be noti-
fied of that decision and of all procedural safeguards 
accorded under this section; and 
"(ii) immediately, if possible, but in no case later 
than 10 school days after the date on which the deci-
sion to take that action is made, a review shall be 
conducted of the relationship between the child's 
disability and the behavior subject to the disciplinary 
action. 
"(B) 
INDIVIDUALS TO CARRY OUT REVIEW.—^A review 
described in subparagraph (A) shall be conducted by the 
lEP Team and other qualified personnel. 
"(C) CONDUCT OF REVIEW.—In carrying out a review 
described in subparagraph (A), the lEP Team may deter-
mine that the behavior of the child was not a manifestation 
of such child's disability only if the lEP Team— 
"(i) first considers, in terms of the behavior subject 
to disciplinary action, all relevant information, includ-
ing— 
"(I) evaluation and diagnostic results, includ-
ing such results or other relevant information 
supplied by the parents of the child; 
"(II) observations of the child; and 
"(III) the child's lEP and placement; and 
"(ii) then determines that— 
"(I) in relationship to the behavior subject to 
disciplinary action, the child's lEP and placeinent 
were 
appropriate 
and 
the 
special 
education 
services, supplementary aids and services, and 
behavior intervention strategies were provided 
consistent with the child's lEP and placement; 
"(II) the child's disability did not impair the 
ability of the child to understemd the impact and 
consequences of the behavior subject to discipli-
nary action; and 
"(III) the child's disability did not impair the 
ability of the child to control the behavior subject 
to disciplinary action. 
"(5) DETERMINATION THAT BEHAVIOR WAS NOT MANIFESTA-
TION OF DISABILITY.— 
"(A) IN GENERAL.—If the result of the review described 
in paragraph (4) is a determination, consistent with para-
graph (4)(C), that the behavior of the child with a disability 
was not a manifestation of the child's disability, the rel-
evant disciplinary procedures applicable to children without 
disabilities may be applied to the child in the same manner 
in which they would be applied to children without disabil-
ities, except as provided in section 612(a)(1). 
I l l STAT. 96 
PUBLIC LAW 105-17-^UNE 4, 1997 
"(B) ADDITIONAL REQUIREMENT.—If the public agency 
initiates disciplinary procedures applicable to all children, 
the agency shall ensure that the special education and 
disciplinary records of the child with a disability are 
transmitted for consideration by the person or persons 
making the final determination regarding the disciplinary 
action. 
"(6) PARENT APPEAL.— 
"(A) IN GENERAL.— 
"(i) If the child's parent 
disagrees 
with a 
determination that the child's behavior was not a mani-
festation of the child's disability or with any decision 
regarding placement, the parent may request a hear-
ing. 
"(ii) The State or local educational agency shall 
arrange for an expedited hearing in any case described 
in this subsection when requested by a parent. 
"(B) REVIEW OF DECISION.— 
"(i) In reviewing a decision with respect to the 
manifestation determination, the hearing officer shall 
determine whether the public agency has demonstrated 
that the child's behavior was not a manifestation of 
such child's disability consistent with the requirements 
of paragraph (4)(C). 
"(ii) In reviewing a decision under paragraph 
(l)(A)(ii) to place the child in an interim alternative 
educational setting, the hearing officer shall apply the 
standards set out in paragraph (2). 
"(7) PLACEMENT DURING APPEALS.— 
"(A) IN GENERAL.—^When a parent requests a hearing 
regarding a disciplinary action described in paragraph 
(l)(A)(ii) or paragraph (2) to challenge the interim 
alternative educational setting or the manifestation deter-
mination, the child shall remain in the interim alternative 
educational setting pending the decision of the hearing 
officer or until the expiration of the time period provided 
for in paragraph (l)(A)(ii) or paragraph (2), whichever 
occurs first, unless the parent and the State or local edu-
cational agency agree otherwise. 
"(B) CURRENT PLACEMENT.—If a child is placed in an 
interim alternative educational setting pursuant to para-
graph (l)(A)(ii) or paragraph (2) and school personnel 
propose to change the child's placement after expiration 
of the interim alternative placement, during the pendency 
of any proceeding to challenge the proposed change in 
placement, the child shall remain in the current placement 
(the child's placement prior to the interim alternative edu-
cational setting), except as provided in subparagraph (C). 
"(C) EXPEDITED HEARING.— 
"(i) If school personnel maintain that it is dan-
gerous for the child to be in the current placement 
(placement prior to removal to the interim alternative 
education setting) during the pendency of the due proc-
ess proceedings, the local educational agency may 
request an expedited hearing. 
"(ii) In determining whether the child may be 
placed in the alternative educational setting or in 
PUBLIC LAW 105-17-JUNE 4, 1997 
111 STAT. 97 
another appropriate placement ordered by the hearing 
officer, the hearing officer shall apply the standards 
set out in paragraph (2). 
"(8) PROTECTIONS FOR CHILDREN NOT YET ELIGIBLE FOR 
SPECIAL EDUCATION AND RELATED SERVICES.— 
"(A) IN GENERAL.—A child who has not been 
determined to be eligible for special education and related 
services under this part and who has engaged in behavior 
that violated any rule or code of conduct of the local 
educational agency, including any behavior described in 
paragraph (1), may assert any of the protections provided 
for in this part if the local educational agency had knowl-
edge (as determined in accordance with this paragraph) 
that the child was a child with a disability before the 
behavior that precipitated the disciplinary action occurred. 
"(B) BASIS OF KNOWLEDGE.—^A local educational agency 
shall be deemed to have knowledge that a child is a child 
with a disability if— 
"(i) the parent of the child has expressed concern 
in writing (unless the parent is illiterate or has a 
disability that prevents compliance with the require-
ments contained in this clause) to personnel of the 
appropriate educational agency that the child is in 
need of special education and related services; 
"(ii) the behavior or performance of the child dem-
onstrates the need for such services; 
"(iii) the parent of the child has requested an 
evaluation of the child pursuant to section 614; or 
"(iv) the teacher of the child, or other personnel 
of the local educational agency, has expressed concern 
about the behavior or performance of the child to the 
director of special education of such agency or to other 
personnel of the agency. 
"(C) CONDITIONS THAT APPLY IF NO BASIS OF KNOWL-
EDGE.— 
"(i) IN GENERAL.—If a local educational agency does 
not have knowledge that a child is a child with a 
disability (in accordance with subparagraph (B)) prior 
to taking disciplinary measures against the child, the 
child may be subjected to the same disciplinary 
measures as measures applied to children without 
disabilities who engaged in comparable behaviors 
consistent with clause (ii). 
"(ii) LIMITATIONS.—If a request is made for an 
evaluation of a child during the time period in which 
the child is subjected to disciplinary measures under 
paragraph (1) or (2), the evaluation shall be conducted 
in an expedited manner. If the child is determined 
to be a child with a disability, taking into consideration 
information from the evaluation conducted by the 
agency and information provided by the parents, the 
agency shall provide special education and related serv-
ices in accordance with the provisions of this part, 
except that, pending the results of the evaluation, the 
child shall remain in the educational placement deter-
mined by school authorities. 
Ill STAT. 98 
PUBLIC LAW 105-17-^UNE 4, 1997 
"(9) REFERRAL TO AND ACTION BY LAW ENFORCEMENT AND 
JUDICIAL AUTHORITIES.— 
"(A) Nothing in this part shall be construed to prohibit 
an agency from reporting a crime committed by a child 
with a disability to appropriate authorities or to prevent 
State law enforcement and judicial authorities from exercis-
ing their responsibilities with regard to the application 
of Federal and State law to crimes committed by a child 
with a disability. 
"(B) An agency reporting a crime committed by a child 
with a disability shall ensure that copies of the special 
education and disciplinary records of the child are transmit-
ted for consideration by the appropriate authorities to 
whom it reports the crime. 
"(10) DEFINITIONS.—For purposes of this subsection, the 
f 
following definitions apply: 
"(A) CONTROLLED SUBSTANCE.—^The term 'controlled 
substance' means a drug or other substance identified 
under schedules I, II, III, IV, or V in section 202(c) of 
the Controlled Substances Act (21 U.S.C. 812(c)). 
"(B) ILLEGAL DRUG.—The term 'illegal drug'— 
"(i) means a controlled substance; but 
"(ii) does not include such a substance that is 
legally possessed or used under the supervision of a 
licensed health-care professional or that is legally pos-
sessed or used under any other authority under that 
Act or under any other provision of Federal law. 
"(C) SUBSTANTIAL EVIDENCE.—^The term 'substantial 
evidence' means beyond a preponderance of the evidence. 
"(D) WEAPON.—The term 'weapon' has the meaning 
given the term 'dangerous weapon' under paragraph (2) 
of the first subsection (g) of section 930 of title 18, United 
States Code. 
"(1) RULE OF CONSTRUCTION.—Nothing in this title shall be 
construed to restrict or limit the rights, procedures, and remedies 
available under the Constitution, the Americans with Disabilities 
Act of 1990, title V of the Rehabilitation Act of 1973, or other 
Federal laws protecting the rights of children with disabilities, 
except that before the filing of a civil action under such laws 
seeking relief that is also available under this part, the procedures 
under subsections (f) and (g) shall be exhausted to the same extent 
as would be required had the action been brought under this part, 
"(m) TRANSFER OF PARENTAL RIGHTS AT AGE OF MAJORITY.— 
"(1) IN GENERAL.—^A State that receives amounts from a 
grant under this part may provide that, when a child with 
a disability reaches the age of majority under State law (except 
for a child with a disability who has been determined to be 
incompetent under State law)— 
"(A) the public agency shall provide any notice required 
by this section to both the individual and the parents; 
"(B) all other rights accorded to parents under this 
part transfer to the child; 
"(C) the agency shall notify the individual and the 
parents of the transfer of rights; and 
"(D) all rights accorded to parents under this part 
transfer to children who are incarcerated in an adult or 
juvenile Federal, State, or local correctional institution. 
PUBLIC LAW 1 0 5 - 1 7 ^ J U N E 4, 1997 
111 STAT. 99 
"(2) SPECIAL RULE.—If, under State law, a child with a 
disability who has reached the age of majority under State 
law, who has not been determined to be incompetent, but 
who is determined not to have the ability to provide informed 
consent with respect to the educational program of the child, 
the State shall establish procedures for appointing the parent 
of the child, or if the parent is not available, another appro-
priate individual, to represent the educational interests of the 
child throughout the period of eligibility of the child under 
this part. 
"SEC. 616. WITHHOLDING AND JUDICIAL REVIEW. 
20 USC 1416. 
"(a) WITHHOLDING OF PAYMENTS.— 
"(1) IN GENERAL.—Whenever the Secretary, after reason-
able notice and opportunity for hearing to the State educational 
agency involved (and to any local educational agency or State 
agency affected by any failure described in subparagraph (B)), 
finds— 
"(A) that there has been a failure by the State to 
comply substantially with any provision of this part; or 
"(B) that there is a failure to comply with any condition 
of a local educational agency's or State agency's eligibility 
under this part, including the terms of any agreement 
to achieve compliance with this part within the timelines 
specified in the agreement; 
the Secretary shall, after notifying the State educational 
agency, withhold, in whole or in part, any further payments 
to the State under this part, or refer the matter for appropriate 
enforcement action, which may include referral to the Depart-
ment of Justice. 
"(2) NATURE OF WITHHOLDING.—If the Secretary withholds 
further payments under paragraph (1), the Secretary may deter-
mine that such withholding will be limited to programs or 
projects, or portions thereof, affected by the failure, or that 
the State educational agency shall not make further payments 
under this part to specified local educational agencies or State 
agencies affected by the failure. Until the Secretary is satisfied 
that there is no longer any failure to comply with the provisions 
of this part, as specified in subparagraph (A) or (B) of paragraph 
(1), payments to the State under this part shall be withheld 
in whole or in part, or payments by the State educational 
agency under this part shall be limited to local educational 
agencies and State agencies whose actions did not cause or 
were not involved in the failure, as the case may be. Any 
State educational agency, State agency, or local educational 
agency that has received notice under paragraph (1) shall, 
by means of a public notice, take such measures as may be 
necessary to bring the pendency of an action pursuant to this 
subsection to the attention of the public within the jurisdiction 
of such agency. 
"(b) JUDICIAL REVIEW.— 
"(1) IN GENERAL.—If any State is dissatisfied with the 
Secretary's final action with respect to the eligibility of the 
State under section 612, such State may, not later than 60 
days after notice of such action, file with the United States 
court of appeals for the circuit in which such State is located 
a petition for review of that action. A copy of the petition 
I l l STAT. 100 
PUBLIC LAW 1 0 5 - 1 7 - ^ U N E 4. 1997 
shall be forthwith transmitted by the clerk of the court to 
Records 
the Secretary. The Secretary thereupon shall file in the court 
the record of the proceedings upon which the Secretary's action 
was based, as provided in section 2112 of title 28. United 
States Code 
"(2) JURISDICTION: REVIEW BY UNITED STATES SUPREME 
COURT.—Upon the filing of such petition, the court shall have 
jurisdiction to affirm the action of the Secretary or to set 
it aside, in whole or in part The judgment of the court shall 
be subject to review by the Supreme Court of the United 
States upon certiorari or certification as provided in section 
1254 of title 28, United States Code. 
"(3) STANDARD OF REVIEW.—The findings of fact by the 
Secretary, if supported by substantial evidence, shall be conclu-
sive, but the court, for good cause shown, may remand the 
case to the Secretary to take further evidence, and the Secretary 
may thereupon make new or modified findings of fact and 
may modify the Secretary's previous action, and shall file in 
the court the record of the further proceedings. Such new 
or modified findings of fact shall likewise be conclusive if sup-
ported by substantial evidence. 
"(c) DIVIDED STATE AGENCY RESPONSIBILITY.—For purposes of 
this section, where responsibility for ensuring that the requirements 
of this part are met with respect to children with disabilities who 
are convicted as adults under State law and incarcerated in adult 
prisons is assigned to a public agency other than the State edu-
cational agency pursuant to section 612(a)(ll)(C), the Secretary, 
in instances where the Secretary finds that the failure to comply 
substantially with the provisions of this part are related to a failure 
by the public agency, shall take appropriate corrective action to 
ensure compliance with this part, except— 
"(1) any reduction or withholding of payments to the State 
is proportionate to the total funds allotted under section 611 
to the State as the number of eligible children with disabilities 
in adult prisons under the supervision of the other public 
agency is proportionate to the number of eligible individuals 
with disabilities in the State under the supervision of the 
State educational agency; and 
"(2) any withholding of funds under paragraph (1) shall 
be limited to the specific agency responsible for the failure 
to comply with this part. 
20 use 1417. 
"SEC. 617. ADMINISTRATION. 
'(a) RESPONSIBILITIES OF SECRETARY.—In carrying out this part, 
the Secretary shall— 
"(1) cooperate with, and (directly or by grant or contract) 
fiimish technical assistance necessary to, the State in matters 
relating to— 
"(A) the education of children with disabilities; and 
"(B) carrying out this part; and 
"(2) provide short-term training programs and institutes. 
"(b) RULES AND REGULATIONS.—In canning out the provisions 
of this part, the Secretary shall issue regulations under this Act 
only to the extent that such regulations are necessary to ensure 
that there is compliance with the specific requirements of this 
Act. 
PUBLIC LAW 105-17-JUNE 4, 1997 
111 STAT. 101 
"(c) CONFIDENTIALITY.—^The Secretary shall take appropriate 
action, in accordance with the provisions of section 444 of the 
General Education Provisions Act (20 U.S.C. 1232g), to assure 
the protection of the confidentiality of any personally identifiable 
data, information, and records collected or maintained by the Sec-
retary and by State and local educational agencies pursuant to 
the provisions of this part. 
"(d) PERSONNEL.—The Secretary is authorized to hire qualified 
personnel necessary to carry out the Secretary's duties under 
subsection (a) and under sections 618, 661, and 673 (or their prede-
cessor authorities through October 1, 1997) without regard to the 
provisions of title 5, United States Code, relating to appointments 
in the competitive service and without regard to chapter 51 and 
subchapter III of chapter 53 of such title relating to classification 
and general schedule pay rates, except that no more than twenty 
such personnel shall be employed at any time. 
"SEC. 618. PROGRAM INFORMATION. 
20 USC 1418. 
"(a) IN GENERAL.—Each State that receives assistance under 
this part, and the Secretary of the Interior, shall provide data 
each year to the Secretary— 
"(l)(A)on— 
"(i) the number of children with disabilities, by race, 
ethnicity, and disability category, who are receiving a free 
appropriate public education; 
"(ii) the number of children with disabilities, by race 
and ethnicity, who are receiving early intervention services; 
"(iii) the number of children with disabilities, by race, 
ethnicity, and disability category, who are participating 
in regular education; 
"(iv) the number of children with disabilities, by race, 
ethnicity, and disability category, who are in separate 
classes, separate schools or facilities, or public or private 
residential facilities; 
"(v) the number of children with disabilities, by race, 
ethnicity, and disability category, who, for each year of 
age from age 14 to 21, stopped receiving special education 
and related services because of program completion or other 
reasons and the reasons why those children stopped receiv-
ing special education and related services; 
"(vi) the number of children with disabilities, by race 
and ethnicity, who, from birth through age 2, stopped 
receiving early intervention services because of program 
completion or for other reasons; and 
"(vii)(I) the number of children with disabilities, by 
race, ethnicity, and disability category, who under subpara-
graphs (A)(ii) and (B) of section 615(k)(l), are removed 
to an interim alternative educational setting; 
"(II) the acts or items precipitating those removals; 
and 
"(III) the number of children with disabilities who are 
subject to long-term suspensions or expulsions; and 
"(B) on the number of infants and toddlers, by race and 
ethnicity, who are at risk of having substantial developmental 
delays (as described in section 632), and who are receiving 
early intervention services under part C; and 
I l l STAT. 102 
PUBLIC LAW 1 0 5 - 1 7 - ^ U N E 4, 1997 
"(2) on any other information that may be required by 
the Secretary, 
"(b) SAMPLING.—^The Secretary may permit States and the Sec-
retary of the Interior to obtain the data described in subsection 
(a) through sampling. 
"(c) DiSPROPORTIONALITY.— 
"(1) IN GENERAL.—Each State that receives assistance 
under this part, and the Secretary of the Interior, shall provide 
for the collection and examination of data to determine if signifi-
cant disproportionality based on race is occurring in the State 
with respect to— 
"(A) the identification of children as children with 
disabilities, including the identification of children as chil-
dren with disabilities in accordance with a particular 
impairment described in section 602(3); and 
"(B) the placement in particular educational settings 
of such children. 
"(2) REVIEW AND REVISION OF POLICIES, PRACTICES, AND 
PROCEDURES.—In the case of a determination of significant 
disproportionality with respect to the identification of children 
as children with disabilities, or the placement in particular 
educational settings of such children, in accordance with para-
graph (1), the State or the Secretary of the Interior, as the 
case may be, shall provide for the review and, if appropriate, 
revision of the policies, procedures, and practices used in such 
identification or placement to ensure that such policies, proce-
dures, and practices comply with the requirements of this Act. 
20 use 1419. 
"SEC. 619. PRESCHOOL GRANTS. 
"(a) IN GENERAL.—The Secretary shall provide grants under 
this section to assist States to provide special education and related 
services, in accordance with this part— 
"(1) to children with disabilities aged 3 through 5, 
inclusive; and 
"(2) at the State's discretion, to 2-year-old children with 
disabilities who will turn 3 during the school year. 
"(b) ELIGIBILITY.—^A State shall be eligible for a grant under 
this section if such State— 
"(1) is eligible under section 612 to receive a grant under 
this part; and 
"(2) makes a free appropriate public education available 
to all children with disabilities, aged 3 through 5, residing 
in the State. 
"(c) ALLOCATIONS TO STATES.— 
"(1) IN GENERAL.—^After reserving funds for studies and 
evaluations under section 674(e), the Secretary shall allocate 
the remaining amount among the States in accordance with 
paragraph (2) or (3), as the case may be. 
"(2) INCREASE IN FUNDS.—If the amount available for alloca-
tions to States under paragraph (1) is equal to or greater 
than the amount allocated to the States under this section 
for the preceding fiscal year, those allocations shall be cal-
culated as follows: 
"(A)(i) Except as provided in subparagraph (B), the 
Secretary shall— 
"(I) allocate to each State the amount it received 
for fiscal year 1997; 
PUBLIC LAW 105-17-^UNE 4, 1997 
111 STAT. 103 
"(II) allocate 85 percent of any remaining funds 
to States on the basis of their relative populations 
of children aged 3 through 5; and 
"(III) allocate 15 percent of those remaining funds 
to States on the basis of their relative populations 
of all children aged 3 through 5 who are living in 
poverty. 
"(ii) For the purpose of making grants under this para-
graph, the Secretary shall use the most recent population 
data, including data on children living in poverty, that 
are available and satisfactory to the Secretary. 
"(B) Notwithstanding subparagraph (A), allocations 
under this paragraph shall be subject to the following: 
"(i) No State's allocation shall be less than its 
allocation for the preceding fiscal year. 
"(ii) No State's allocation shall be less than the 
greatest of— 
"(I) the sum of— 
"(aa) the amount it received for fiscal year 
1997; and 
"(bb) one third of one percent of the 
amount by which the amount appropriated 
under subsection (j) exceeds the amount appro-
priated under this section for fiscal year 1997; 
"(II) the sum of— 
"(aa) the amount it received for the 
preceding fiscal year; and 
"(bb) that amount multiplied by the 
percentage by which the increase in the funds 
appropriated from the preceding fiscal year 
exceeds 1.5 percent; or 
"(III) the sum of— 
"(aa) the amount it received for the 
preceding fiscal year; and 
"(bb) that amount multiplied by 90 percent 
of the percentage increase in the amount 
appropriated from the preceding fiscal year. 
"(iii) Notwithstanding 
clause 
(ii), no 
State's 
allocation under this paragraph shall exceed the 
sum of— 
"(I) the amount it received for the preceding 
fiscal year; and 
"(II) that amount multiplied by the sum of 
1.5 percent and the percentage increase in the 
amount appropriated. 
"(C) If the amount available for allocations under this 
paragraph is insufficient to pay those allocations in full, 
those allocations shall be ratably reduced, subject to 
subparagraph (B)(i). 
"(3) DECREASE IN FUNDS.—If the amount available for 
allocations to States under paragraph (1) is less than the 
amount allocated to the States under this section for the preced-
ing fiscal year, those allocations shall be calculated as follows: 
"(A) If the amount available for allocations is greater 
than the amount allocated to the States for fiscal year 
1997, each State shall be allocated the sum of— 
I l l STAT. 104 
PUBLIC LAW 105-17-^UNE 4, 1997 
"(i) the 
amount 
it 
received 
for 
fiscal 
year 
, 
1997; and 
"(ii) an amount that bears the same relation to 
any remaining funds as the increase the State received 
for the preceding fiscal year over fiscal year 1997 bears 
to the total of all such increases for all States. 
"(B) If the amount available for allocations is equal 
to or less than the amount allocated to the States for 
fiscal year 1997, each State shall be allocated the amount 
it received for that year, ratably reduced, if necessary. 
"(4) OUTLYING AREAS.—^The Secretary shall increase the 
fiscal year 1998 allotment of each outlying area under section 
611 by at least the amount that that area received under 
this section for fiscal year 1997. 
"(d) RESERVATION FOR STATE ACTIVITIES.— 
"(1) IN GENERAL.—Each State may retain not more than 
the amount described in paragraph (2) for administration and 
other State-level activities in accordance with subsections (e) 
and (f). 
"(2) AMOUNT DESCRIBED.—For each fiscal year, the Sec-
retary shall determine and report to the State educational 
agency an amount that is 25 percent of the amount the State 
received under this section for fiscal year 1997, cumulatively 
adjusted by the Secretary for each succeeding fiscal year by 
the lesser of— 
"(A) the percentage increase, if any, from the preceding 
fiscal year in the State's allocation under this section; 
or 
"(B) the percentage increase, if any, from the preceding 
fiscal year in the Consumer Price Index For All Urban 
Consumers published by the Bureau of Labor Statistics 
of the Department of Labor. 
"(e) STATE ADMINISTRATION.— 
"(1) IN GENERAL.—^For the purpose of administering this 
section (including the coordination of activities under this part 
with, and providing technical assistance to, other programs 
that provide services to children with disabilities) a State may 
use not more than 20 percent of the maximum amount it 
may retain under subsection (d) for any fiscal year. 
"(2) ADMINISTRATION OF PART C.—Funds described in para-
graph (1) may also be used for the administration of part 
C of this Act, if the State educational agency is the lead 
agency for the State under that part. 
"(f) OTHER STATE-LEVEL ACTIVITIES.—^Each State shall use any 
funds it retains under subsection (d) and does not use for adminis-
tration under subsection (e)— 
"(1) for support services (including establishing 
and 
implementing the mediation process required by section 615(e)), 
which may benefit children with disabilities younger than 3 
or older than 5 as long as those services also benefit children 
with disabilities aged 3 through 5; 
"(2) for direct services for children eligible for services 
under this section; 
"(3) to develop a State improvement plan under subpart 
1 of part D; 
"(4) for activities at the State and local levels to meet 
the performance goals established by the State under section 
PUBLIC LAW 1 0 5 - 1 7 - J U N E 4, 1997 
111 STAT. 105 
612(a)(16) and to support implementation of the State improve-
ment plan under subpart 1 of part D if the State receives 
funds under that subpart; or 
"(5) to supplement other funds used to develop and imple-
ment a Statewide coordinated services system designed to 
improve results for children and families, including children 
with disabilities and their families, but not to exceed one per-
cent of the amount received by the State under this section 
for a fiscal year. 
"(g) SUBGRANTS TO LoCAL EDUCATIONAL AGENCIES.— 
"(1) SuBGRANTS REQUIRED.—Each State that receives a 
grant under this section for any fiscal year shall distribute 
any of the grant funds that it does not reserve under subsection 
(d) to local educational agencies in the State that have estab-
lished their eligibility under section 613, as follows: 
"(A) BASE PAYMENTS.—The State shall first award each 
agency described in paragraph (1) the amount that agency 
would have received under this section for fiscal year 1997 
if the State had distributed 75 percent of its grant for 
that year under section 619(c)(3), as then in effect. 
"(B) ALLOCATION OF REMAINING FUNDS.—^After making 
allocations under subparagraph (A), the State shall— 
"(i) allocate 85 percent of any remaining funds 
to those agencies on the basis of the relative numbers 
of children enrolled in public and private elementary 
and secondary schools within the agency's jurisdiction; 
and 
"(ii) allocate 15 percent of those remaining funds 
to those agencies in accordance with their relative 
numbers of children living in poverty, as determined 
by the State educational agency. 
"(2) REALLOCATION OF FUNDS.—If a State educational 
agency determines that a local educational agency is ade-
quately providing a free appropriate public education to 
all children with disabilities aged 3 through 5 residing 
in the area served by that agency with State and local 
funds, the State educational agency may reallocate any 
portion of the funds under this section that are not needed 
by that local agency to provide a free appropriate public 
education to other local educational agencies in the State 
that are not adequately providing special education and 
related services to all children with disabilities aged 3 
through 5 residing in the areas they serve. 
"(h) PART C INAPPLICABLE.—Part C of this Act does not apply 
to any child with a disability receiving a free appropriate public 
education, in accordance with this part, with funds received under 
this section. 
"(i) DEFINITION.—For the purpose of this section, the term 
'State' means each of the 50 States, the District of Columbia, 
and the Commonwealth of Puerto Rico. 
"(j) AUTHORIZATION OF APPROPRIATIONS.—For the purpose of 
carrying out this section, there are authorized to be appropriated 
to the Secretary $500,000,000 for fiscal year 1998 and such sums 
as may be necessary for each subsequent fiscal year. 
39-194 O - 97 - 5 : QL 3 Part 1 
I l l STAT. 106 
PUBLIC LAW 105-17-JUNE 4, 1997 
"PART C—INFANTS AND TODDLERS WITH 
DISABILITIES 
20 use 1431. 
"SEC. 631. FINDINGS AND POLICY. 
"(a) FINDINGS.—The Congress finds that there is an urgent 
and substantial need— 
"(1) to enhance the development of infants and toddlers 
with disabilities and to minimize their potential for devel-
opmental delay; 
"(2) to reduce the educational costs to our society, including 
our Nation's schools, by minimizing the need for special edu-
cation and related services after infants and toddlers with 
disabilities reach school age; 
"(3) to minimize the likelihood of institutionalization of 
individuals with disabilities and maximize the potential for 
their independently living in society; 
"(4) to enhance the capacity of families to meet the special 
needs of their infants and toddlers with disabilities; and 
"(5) to enhance the capacity of State and local agencies 
and service providers to identify, evaluate, and meet the needs 
of historically 
underrepresented 
populations, 
particularly 
minority, low-income, inner-city, and rural populations. 
"(b) POLICY.—It is therefore the policy of the United States 
to provide financial assistance to States— 
"(1) to develop and implement a statewide, comprehensive, 
coordinated, multidisciplinary, interagency system that pro-
vides early intervention services for infants and toddlers with 
disabilities and their families; 
"(2) to facilitate the coordination of pajrment for early inter-
vention services from Federal, State, local, and private sources 
(including public and private insurance coverage); 
"(3) to enhance their capacity to provide quality early 
intervention services and expand and improve existing early 
intervention services being provided to infants and toddlers 
with disabilities and their families; and 
"(4) to encourage States to expand opportunities for chil-
dren under 3 years of age who would be at risk of having 
substantial developmental delay if they did not receive early 
intervention services. 
20 use 1432. 
»SEC. 632. DEFINITIONS. 
"As used in this part: 
"(1) AT-RISK INFANT OR TODDLER.—^The term 'at-risk infant 
or toddler' means an individual under 3 years of age who 
would be at risk of experiencing a substantial developmental 
delay if early intervention services were not provided to the 
individual. 
"(2) COUNCIL.—The term 'council' means a State inter-
agency coordinating council established under section 641. 
"(3) DEVELOPMENTAL DELAY.—^The term 'developmental 
delay', when used with respect to an individual residing in 
a State, has the meaning given such term by the State under 
section 635(a)(1). 
"(4) EARLY INTERVENTION SERVICES.—^The term 'early inter-
vention services' means developmental services that— 
"(A) are provided under public supervision; 
PUBLIC LAW 1 0 5 - 1 7 - J U N E 4, 1997 
111 STAT. 107 
"(B) are provided at no cost except where Federal or 
State law provides for a system of payments by families, 
including a schedule of sliding fees; 
"(C) are designed to meet the developmental needs 
of an infant or toddler with a disability in any one or 
more of the following areas— 
"(i) physical development; 
"(ii) cognitive development; 
"(iii) communication development; 
"(iv) social or emotional development; or 
"(v) adaptive development; 
"(D) meet the standards of the State in which they 
are provided, including the requirements of this part; 
"(E) include— 
"(i) family training, counseling, and home visits; 
"(ii) special instruction; 
"(iii) speech-language pathology and audiology 
services; 
"(iv) occupational therapy; 
"(v) physical therapy; 
"(vi) psychological services; 
"(vii) service coordination services; 
"(viii) medical services only for diagnostic or 
evaluation purposes; 
"(ix) early identification, screening, and assess-
ment services; 
"(x) health services necessary to enable the infant 
or toddler to benefit from the other early intervention 
services; 
"(xi) social work services; 
"(xii) vision services; 
"(xiii) assistive technology devices and assistive 
technology services; and 
"(xiv) transportation and related costs that are 
necessary to enable an infant or toddler and the 
infant's or toddler's family to receive another service 
described in this paragraph; 
"(F) are provided by qualified personnel, including— 
"(i) special educators; 
"(ii) speech-language pathologists and audiologists; 
"(iii) occupational therapists; 
"(iv) physical therapists; 
"(v) psychologists; 
"(vi) social workers; 
"(vii) nurses; 
"(viii) nutritionists; 
"(ix) family therapists; 
"(x) orientation and mobility specialists; and 
"(xi) pediatricians and other physicians; 
"(G) to the maximum extent appropriate, are provided 
in 
natural 
environments, 
including 
the 
home, 
and 
community settings in which children without disabilities 
participate; and 
"(H) are provided in conformity with an individualized 
family service plan adopted in accordance with section 
636. 
I l l STAT. 108 
PUBLIC LAW 1 0 5 - 1 7 ^ J U N E 4, 1997 
"(5) INFANT OR TODDLER WITH A DISABILITY.—The term 
'infant or toddler with a disabiUty'— 
"(A) means an individual under 3 years of age who 
needs early intervention services because the individual— 
"(i) is experiencing developmental delays, as 
measured by appropriate diagnostic instruments and 
procedures in one or more of the areas of cognitive 
development, physical development, 
communication 
development, social or emotional development, and 
adaptive development; or 
"(ii) has a diagnosed physical or mental condition 
which has a high probability of resulting in devel-
opmental delay; and 
"(B) may also include, at a State's discretion, at-risk 
infants and toddlers. 
Grants. 
"SEC. 633. GENERAL AUTHORITY. 
"The Secretary shall, in accordance with this part, make grants 
to States (from their allotments under section 643) to assist each 
State to maintain and implement a statewide, comprehensive, 
coordinated, multidisciplinary, interagency system to provide early 
intervention services for infants and toddlers with disabilities and 
their families. 
20 use 1434. 
"SEC. 634. ELIGIBILITY. 
"In order to be eligible for a grant under section 633, a State 
shall demonstrate to the Secretary that the State— 
"(1) has adopted a policy that appropriate early interven-
tion services are available to all infants and toddlers with 
disabilities in the State and their families, including Indian 
infants and toddlers with disabilities and their families residing 
on a reservation geographically located in the State; and 
"(2) has in effect a statewide system that meets the require-
ments of section 635. 
20 use 1435. 
"SEC. 635. REQUIREMENTS FOR STATEWIDE SYSTEM. 
"(a) IN GENERAL.—^A statewide system described in section 
633 shall include, at a minimum, the following components: 
"(1) A definition of the term 'developmental delay' that 
will be used by the State in carrying out programs under 
this part. 
"(2) A State policy that is in effect and that ensures that 
appropriate early intervention services are available to all 
infants and toddlers with disabilities and their families, includ-
ing Indian infants and toddlers and their families residing 
on a reservation geographically located in the State. 
"(3) A timely, comprehensive, multidisciplinary evaluation 
of the functioning of each infant or toddler with a disability 
in the State, and a family-directed identification of the needs 
of each family of such an infant or toddler, to appropriately 
assist in the development of the infant or toddler. 
'^^ 
"(4) For each infant or toddler with a disability in the 
State, an individualized family service plan in accordance with 
section 636, including service coordination services in accord-
ance with such service plan. 
"(5) A comprehensive child find system, consistent with 
part B, including a system for making referrals to service 
PUBLIC LAW 105-17-^UNE 4, 1997 
111 STAT. 109 
providers that includes timelines and provides for participation 
by primary referral sources. 
"(6) A public awareness program focusing on early identi-
fication of infants and toddlers with disabilities, including the 
preparation and dissemination by the lead agency designated 
or established under paragraph (10) to all primary referral 
sources, especially hospitals and physicians, of information for 
parents on the availability of early intervention services, and 
procedures for determining the extent to which such sources 
disseminate such information to parents of infants and toddlers. 
"(7) A central directory which includes information on early 
intervention services, resources, and experts available in the 
State and research and demonstration projects being conducted 
in the State. 
"(8) A comprehensive system of personnel development, 
including the training of paraprofessionals and the training 
of primary referral sources respecting the basic components 
of early intervention services available in the State, that is 
consistent with the comprehensive system of personnel develop-
ment described in section 612(a)(14) and may include— 
"(A) implementing innovative strategies and activities 
for the recruitment and retention of early education service 
providers; 
"(B) promoting the preparation of early intervention 
providers who are fully and appropriately qualified to 
provide early intervention services under this part; 
"(C) training personnel to work in rural and inner-
city areas; and 
"(D) training personnel to coordinate transition services 
for infants and toddlers served under this part from an 
early intervention program under this part to preschool 
or other appropriate services. 
"(9) Subject to subsection (b), policies and procedures relat-
ing to the establishment and maintenance of standards to 
ensure that personnel necessary to carry out this part are 
appropriately and adequately prepared and trained, including— 
"(A) the establishment and maintenance of standards 
which are consistent with any State-approved or recognized 
certification, licensing, registration, or other comparable 
requirements which apply to the area in which such person-
nel are providing early intervention services; and 
"(B) to the extent such standards are not based on 
the highest requirements in the State applicable to a spe-
cific profession or discipline, the steps the State is taking 
to require the retraining or hiring of personnel that meet 
appropriate professional requirements in the State; 
except that nothing in this part, including this paragraph, 
prohibits the use of paraprofessionals and assistants who are 
appropriately trained and supervised, in accordance with State 
law, regulations, or written policy, to assist in the provision 
of early intervention services to infants and toddlers with 
disabilities under this part. 
"(10) A single line of responsibility in a lead agency des-
ignated or established by the Governor for carrying out— 
"(A) the general administration and supervision of pro-
grams and activities receiving assistance under section 633, 
and the monitoring of programs and activities used by 
I l l STAT. 110 
PUBLIC LAW 1 0 5 - 1 7 - ^ U N E 4, 1997 
the State to carry out this part, whether or not such pro-
grams or activities are receiving assistance made available 
under section 633, to ensure that the State complies with 
this part; 
"(B) the identification and coordination of all available 
resources within the State from Federal, State, local, and 
private sources; 
"(C) the assignment of financial responsibility in 
accordance with section 637(a)(2) to the appropriate agen-
cies; 
"(D) the development of procedures to ensure that serv-
ices are provided to infants and toddlers with disabilities 
and their families under this part in a timely manner 
pending the resolution of any disputes among public agen-
cies or service providers; 
"(E) the resolution of intra- and interagency disputes; 
and 
"(F) the entry into formal interagency agreements that 
define the financial responsibility of each agency for paying 
for early intervention services (consistent with State law) 
and procedures for resolving disputes and that include 
all additional components necessary to ensure meaningful 
cooperation and coordination. 
"(11) A policy pertaining to the contracting or making of 
other arrangements with service providers to provide early 
intervention services in the State, consistent with the provisions 
of this part, including the contents of the application used 
and the conditions of the contract or other arrangements. 
"(12) A procedure for securing timely reimbursements of 
funds used under this part in accordance with section 640(a). 
"(13) Procedural safeguards with respect to programs under 
this part, as required by section 639. 
"(14) A system for compiling data requested by the Sec-
retary under section 618 that relates to this part. 
"(15) A State interagency coordinating council that meets 
the requirements of section 641. 
"(16) Policies and procedures to ensure that, consistent 
with section 636(d)(5)— 
"(A) to the maximum extent appropriate, early inter-
vention services are provided in natural environments; and 
"(B) the provision of early intervention services for 
any infant or toddler occurs in a setting other than a 
natural environment only when early intervention cannot 
be achieved satisfactorily for the infant or toddler in a 
natural environment. 
"(b) POLICY.—In implementing subsection (a)(9), a State may 
adopt a policy that includes making ongoing good-faith efforts to 
recruit and hire appropriately and adequately trained personnel 
to provide early intervention services to infants and toddlers with 
disabilities, including, in a geographic area of the State where 
there is a shortage of such personnel, the most qualified individuals 
available who are making satisfactory progress toward completing 
applicable course work necessary to meet the standards described 
in subsection (a)(9), consistent with State law within 3 years. 
PUBLIC LAW 105-17-^UNE 4, 1997 
111 STAT. I l l 
"SEC. 636. INDIVIDUALIZED FAMILY SERVICE PLAN. 
20 USC 1436. 
"(a) ASSESSMENT AND PROGRAM DEVELOPMENT.—^A statewide 
system described in section 633 shall provide, at a minimum, for 
each infant or toddler with a disability, and the infant's or toddler's 
family, to receive— 
"(1) a multidisciplinary assessment of the unique strengths 
and needs of the infant or toddler and the identification of 
services appropriate to meet such needs; 
"(2) a family-directed assessment of the resources, prior-
ities, and concerns of the family and the identification of the 
supports and services necessary to enhance the family's capac-
ity to meet the developmental needs of the infant or toddler; 
and 
"(3) a written individualized family service plan^eveloped 
by a multidisciplinary team, including the parents, as required 
by subsection (e). 
"(b) PERIODIC REVIEW.—The individualized family service plan 
shall be evaluated once a year and the family shall be provided 
a review of the plan at 6-month intervals (or more often where 
appropriate based on infant or toddler and family needs). 
"(c) PROMPTNESS AFTER ASSESSMENT.—^The individualized fam-
ily service plan shall be developed within a reasonable time after 
the assessment required by subsection (a)(1) is completed. With 
the parents' consent, early intervention services may commence 
prior to the completion of the assessment. 
"(d) CONTENT OF PLAN.—^The individualized family service plan 
shall be in writing and contain— 
"(1) a statement of the infant's or toddler's present levels 
of physical development, cognitive development, communication 
development, social or emotional development, and adaptive 
development, based on objective criteria; 
"(2) a statement of the family's resources, priorities, and 
concerns relating to enhancing the development of the family's 
infant or toddler with a disability; 
"(3) a statement of the major outcomes expected to be 
achieved for the infant or toddler and the family, and the 
criteria, procedures, and timelines used to determine the degree 
to which progress toward achieving the outcomes is being made 
and whether modifications or revisions of the outcomes or serv-
ices are necessary; 
"(4) a statement of specific early intervention services nec-
essary to meet the unique needs of the infant or toddler and 
the family, including the frequency, intensity, and method of 
delivering services; 
"(5) a statement of the natural environments in which 
early intervention services shall appropriately be provided, 
including a justification of the extent, if any, to which the 
services will not be provided in a natural environment; 
"(6) the projected dates for initiation of services and the 
anticipated duration of the services; 
"(7) the identification of the service coordinator from the 
profession most immediately relevant to the infant's or toddler's 
or family's needs (or who is otherwise qualified to carry out 
all applicable responsibilities under this part) who will be 
responsible for the implementation of the plan and coordination 
with other agencies and persons; and 
I l l STAT. 112 
PUBLIC LAW 105-17-^UNE 4, 1997 
"(8) the steps to be taken to support the transition of 
the toddler with a disabiUty to preschool or other appropriate 
services. 
"(e) PARENTAL CONSENT.—^The contents of the individuahzed 
family service plan shall be fully explained to the parents and 
informed written consent from the parents shall be obtained prior 
to the provision of early intervention services described in such 
plan. If the parents do not provide consent with respect to a particu-
lar early intervention service, then the early intervention services 
to which consent is obtained shall be provided. 
20 use 1437. 
"SEC. 637. STATE APPLICATION AND ASSURANCES. 
"(a) APPLICATION.—^A State desiring to receive a grant under 
section 633 shall submit an application to the Secretary at such 
time and in such manner as the Secretary may reasonably require. 
The application shall contain— 
"(1) a designation of the lead agency in the State that 
will be responsible for the administration of funds provided 
under section 633; 
"(2) a designation of an individual or entity responsible 
for assigning financial responsibility among appropriate agen-
cies; 
"(3) information demonstrating eligibility of the State under 
section 634, including— 
"(A) information demonstrating to the Secretary's satis-
faction that the State has in effect the statewide system 
required by section 633; and 
"(B) a description of services to be provided to infants 
and toddlers with disabilities and their families through 
the system; 
"(4) if the State provides services to at-risk infants and 
toddlers through the system, a description of such services; 
"(5) a description of the uses for which funds will be 
expended in accordance with this part; 
"(6) a description of the procedure used to ensure that 
resources are made available under this part for all geographic 
areas within the State; 
"(7) a description of State policies and procedures that 
ensure that, prior to the adoption by the State of any other 
policy or procedure necessary to meet the requirements of this 
part, there are public hearings, adequate notice of the hearings, 
and an opportunity for comment available to the general public, 
including individuals with disabilities and parents of infants 
and toddlers with disabilities; 
"(8) a description of the policies and procedures to be used— 
"(A) to ensure a smooth transition for toddlers receiving 
early intervention services under this part to preschool 
or other appropriate services, including a description of 
how— 
"(i) the families of such toddlers will be included 
in the transition plans required by subparagraph (C); 
and 
"(ii) the lead agency designated or established 
under section 635(a)( 10) will— 
"(I) notify the local educational agency for the 
area in which such a child resides that the child 
will shortly reach the age of eligibility for preschool 
PUBLIC LAW 105-17-^UNE 4, 1997 
111 STAT. 113 
services under part B, as determined in accordance 
with State law; 
"(11) in the case of a child who may be eligible 
for such preschool services, with the approval of 
the family of the child, convene a conference among 
the lead 
agency, the family, 
and the 
local 
educational agency at least 90 days (and at the 
discretion of all such parties, up to 6 months) 
before the child is eligible for the preschool serv-
ices, to discuss any such services that the child 
may receive; and 
"(III) in the case of a child who may not be 
eligible for such preschool services, with the 
approval of the family, make reasonable efforts 
to convene a conference among the lead agency, 
the family, and providers of other appropriate serv-
ices for children who are not eligible for preschool 
services under part B, to discuss the appropriate 
services that the child may receive; 
"(B) to review the child's program options for the period 
from the child's third birthday through the remainder of 
the school year; and 
"(C) to establish a transition plan; and 
"(9) such other information and assurances as the Secretary 
may reasonably require. 
"(b) ASSURANCES.—^The application described in subsection (a)— 
"(1) shall provide satisfactory assurance that Federal funds 
made available under section 643 to the State will be expended 
in accordance with this part; 
"(2) shall contain an assurance that the State will comply 
with the requirements of section 640; 
"(3) shall provide satisfactory assurance that the control 
of funds provided under section 643, and title to property 
derived from those funds, will be in a public agency for the 
uses and purposes provided in this part and that a public 
agency will administer such funds and property; 
"(4) shall provide for— 
"(A) making such reports in such form and containing 
such information as the Secretary may require to carry 
out the Secretary's functions under this part; and 
"(B) keeping such records and affording such access 
to them as the Secretary may find necessary to ensure 
the correctness and verification of those reports and proper 
disbursement of Federal funds under this part; 
"(5) provide satisfactory assurance that Federal funds made 
available under section 643 to the State— 
"(A) will not be commingled with State funds; and 
"(B) will be used so as to supplement the level of 
State and local funds expended for infants and toddlers 
with disabilities and their families and in no case to sup-
plant those State and local funds; 
"(6) shall provide satisfactory assurance that such fiscal 
control and fund accounting procedures will be adopted as 
may be necessary to ensure proper disbursement of, and 
accounting for. Federal funds paid under section 643 to the 
State; 
I l l STAT. 114 
PUBLIC LAW 1 0 5 - 1 7 - J U N E 4, 1997 
"(7) shall provide satisfactory assurance that policies and 
procedures have been adopted to ensure meaningful involve-
ment of underserved groups, including minority, low-income, 
and rural families, in the planning and implementation of 
all the requirements of this part; and 
"(8) shall contain such other information and assurances 
as the Secretary may reasonably require by regulation. 
"(c) STANDARD FOR DISAPPROVAL OF APPLICATION.—^The Sec-
retary may not disapprove such an application unless the Secretary 
determines, after notice and opportunity for a hearing, that the 
application fails to comply with the requirements of this section. 
"(d) SUBSEQUENT STATE APPLICATION.—If a State has on file 
with the Secretary 
a policy, procedure, or assurance 
that 
demonstrates that the State meets a requirement of this section, 
including any policy or procedure filed under part H (as in effect 
before July 1, 1998), the Secretary shall consider the State to 
have met the requirement for purposes of receiving a grant under 
this part. 
"(e) MODIFICATION OF APPLICATION.—An appUcation submitted 
by a State in accordance with this section shall remain in effect 
until the State submits to the Secretary such modifications as 
Applicability. 
the State determines necessary. This section shall apply to a modi-
fication of an application to the same extent and in the same 
manner as this section applies to the original application. 
"(f) 
MODIFICATIONS 
REQUIRED 
BY 
THE 
SECRETARY.—The 
Secretary may require a State to modify its application under 
this section, but only to the extent necessary to ensure the State's 
compliance with this part, if— 
"(1) an amendment is made to this Act, or a Federal regula-
tion issued under this Act; 
"(2) a new interpretation of this Act is made by a Federal 
court or the State's highest court; or 
"(3) an official finding of noncompliance with Federal law 
or regulations is made with respect to the State. 
20 use 1438. 
"SEC. 638. USES OF FUNDS. 
"In addition to using funds provided under section 633 to main-
tain and implement the statewide system required by such section, 
a State may use such funds— 
"(1) for direct early intervention services for infants and 
toddlers with disabilities, and their families, under this part 
that are not otherwise funded through other public or private 
sources; 
"(2) to expand and improve on services for infants and 
toddlers and their families under this part that are otherwise 
available; 
"(3) to provide a free appropriate public education, in 
accordance with part B, to children with disabilities from their 
third birthday to the beginning of the following school year; 
and 
"(4) in any State that does not provide services for at-
risk infants and toddlers under section 637(a)(4), to strengthen 
the statewide system by initiating, expanding, or improving 
collaborative efforts related to at-risk infants and toddlers, 
including establishing linkages with appropriate public or pri-
vate community-based organizations, services, and personnel 
for the purposes of— 
PUBLIC LAW 1 0 5 - 1 7 ^ J U N E 4, 1997 
111 STAT. 115 
"(A) identifying and evaluating at-risk infants and 
toddlers; 
"(B) making referrals of the infants and toddlers identi-
fied and evaluated under subparagraph (A); and 
"(C) conducting periodic follow-up on each such referral 
to determine if the status of the infant or toddler involved 
has changed with respect to the eligibility of the infant 
or toddler for services under this part. 
"SEC. 639. PROCEDURAL SAFEGUARDS. 
20 USC 1439. 
"(a) 
MINIMUM 
PROCEDURES.—The 
procedural 
safeguards 
required to be included in a statewide system under section 
635(a)(13) shall provide, at a minimum, the following: 
"(1) The timely administrative resolution of complaints by 
parents. Any party aggrieved by the findings and decision 
regarding an administrative complaint shall have the right 
to bring a civil action with respect to the complaint in any 
State court of competent jurisdiction or in a district court 
of the United States without regard to the amount in con-
troversy. In any action brought under this paragraph, the court Records, 
shall receive the records of the administrative proceedings, 
shall hear additional evidence at the request of a party, and, 
basing its decision on the preponderance of the evidence, shall 
grant such relief as the court determines is appropriate. 
"(2) The right to confidentiality of personally identifiable 
information, including the right of parents to written notice 
of and written consent to the exchange of such information 
among agencies consistent with Federal and State law. 
"(3) The right of the parents to determine whether they, 
their infant or toddler, or other family members will accept 
or decline any early intervention service under this part in 
accordance with State law without jeopardizing other early 
intervention services under this part. 
"(4) The opportunity for parents to examine records relating 
to assessment, screening, eligibility determinations, and the 
development and implementation of the individualized family 
service plan. 
"(5) Procedures to protect the rights of the infant or toddler 
whenever the parents of the infant or toddler are not known 
or cannot be found or the infant or toddler is a ward of the 
State, including the assignment of an individual (who shall 
not be an employee of the State lead agency, or other State 
agency, and who shall not be any person, or any employee 
of a person, providing early intervention services to the infant 
or toddler or any family member of the infant or toddler) 
to act as a surrogate for the parents. 
"(6) Written prior notice to the parents of the infant or 
toddler with a disability whenever the State agency or service 
provider proposes to initiate or change or refuses to initiate 
or change the identification, evaluation, or placement of the 
infant or toddler with a disability, or the provision of appro-
priate early intervention services to the infant or toddler. 
"(7) Procedures designed to ensure that the notice required 
by paragraph (6) fully informs the parents, in the parents' 
native language, unless it clearly is not feasible to do so, 
of all procedures available pursuant to this section. 
I l l STAT. 116 
PUBLIC LAW 105-17^JUNE 4, 1997 
"(8) The right of parents to use mediation in accordance 
with section 615(e), except that— 
"(A) any reference in the section to a State educational 
agency shall be considered to be a reference to a State's 
lead agency established or designated under 
section 
635(a)(10); 
"(B) any reference in the section to a local educational 
agency shall be considered to be a reference to a local 
service provider or the State's lead agency under this part, 
as the case may be; and 
"(C) any reference in the section to the provision of 
free appropriate public education to children with disabil-
ities shall be considered to be a reference to the provision 
of appropriate early intervention services to infants and 
toddlers with disabilities. 
"(b) SERVICES DURING PENDENCY OF PROCEEDINGS.—^During 
the pendency of any proceeding or action involving a complaint 
by the parents of an infant or toddler with a disability, unless 
the State agency and the parents otherwise agree, the infant or 
toddler shall continue to receive the appropriate early intervention 
services currently being provided or, if applying for initial services, 
shall receive the services not in dispute. 
20 use 1440. 
"SEC. 640. PAYOR OF LAST RESORT. 
"(a) NONSUBSTITUTION.—Funds provided under section 643 may 
not be used to satisfy a financial commitment for services that 
would have been paid for from another public or private source, 
including any medical program administered by the Secretary of 
Defense, but for the enactment of this part, except that whenever 
considered necessary to prevent a delay in the receipt of appropriate 
early intervention services by an infant, toddler, or family in a 
timely fashion, funds provided under section 643 may be used 
to pay the provider of services pending reimbursement from the 
agency that has ultimate responsibility for the payment. 
"(b) REDUCTION OF OTHER BENEFITS.—Nothing in this part 
shall be construed to permit the State to reduce medical or other 
assistance available or to alter eligibility under title V of the Social 
Security Act (relating to maternal and child health) or title XIX 
of the Social Security Act (relating to Medicaid for infants or 
toddlers with disabilities) within the State. 
20 use 1441. 
"SEC. 641. STATE INTERAGENCY COORDINATING COUNCIL. 
"(a) ESTABLISHMENT.— 
"(1) IN GENERAL.—^A State that desires to receive financial 
assistance under this part shall establish a State interagency 
coordinating council. 
"(2) APPOINTMENT.—The council shall be appointed by the 
Governor. In making appointments to the council, the Governor 
shall ensure that the membership of the council reasonably 
represents the population of the State. 
"(3) CHAIRPERSON.—^The Governor shall designate a mem-
ber of the council to serve as the chairperson of the council, 
or shall require the council to so designate such a member. 
Any member of the council who is a representative of the 
lead agency designated under section 635(a)(10) may not serve 
as the chairperson of the council. 
"(b) COMPOSITION.— 
"(1) IN GENERAL.—^The council shall be composed as follows: 
PUBLIC LAW 105-17-^UNE 4, 1997 
111 STAT. 117 
"(A) PARENTS.—^At least 20 percent of the members 
shall be parents of infants or toddlers with disabilities 
or children with disabilities aged 12 or younger, with 
knowledge of, or experience with, programs for infants 
and toddlers with disabilities. At least one such member 
shall be a parent of an infant or toddler with a disability 
or a child with a disability aged 6 or younger. 
"(B) SERVICE PROVIDERS.—At least 20 percent of the 
members shall be public or private providers of early inter-
vention services. 
"(C) STATE LEGISLATURE.—^At least one member shall 
be from the State legislature. 
"(D) PERSONNEL PREPARATION.—^At least one member 
shall be involved in personnel preparation. 
"(E) AGENCY FOR EARLY INTERVENTION SERVICES.—At 
least one member shall be from each of the State agencies 
involved in the provision of, or payment for, early interven-
tion services to infants and toddlers with disabilities and 
their families and shall have sufficient authority to engage 
in policy planning and implementation on behalf of such 
agencies. 
"(F) AGENCY FOR PRESCHOOL SERVICES.—At least one 
member shall be from the State educational agency respon-
sible for preschool services to children with disabilities 
and shall have sufficient authority to engage in policy 
planning and implementation on behalf of such agency. 
"(G) AGENCY FOR HEALTH INSURANCE.—^At least one 
member shall be from the agency responsible for the State 
governance of health insurance. 
"(H) HEAD START AGENCY.—^At least one representative 
from a Head Start agency or program in the State. 
"(I) CHILD CARE AGENCY.—^At least one representative 
from a State agency responsible for child care. 
"(2) OTHER MEMBERS.—^The council may include other mem-
bers selected by the Governor, including a representative from 
the Bureau of Indian Affairs, or where there is no BIA-operated 
or BIA-funded school, from the Indian Health Service or the 
tribe or tribal council. 
"(c) MEETINGS.—The council shall meet at least quarterly and 
in such places as it deems necessary. The meetings shall be publicly 
announced, and, to the extent appropriate, open and accessible 
to the general public. 
"(d) MANAGEMENT AUTHORITY.—Subject to the approval of the 
Governor, the council may prepare and approve a budget using 
funds under this part to conduct hearings and forums, to reimburse 
members of the council for reasonable and necessary expenses for 
attending council meetings and performing council duties (including 
child care for parent representatives), to pay compensation to a 
member of the council if the member is not employed or must 
forfeit wages from other employment when performing official 
council business, to hire staff, and to obtain the services of such 
professional, technical, and clerical personnel as may be necessary 
to carry out its functions under this part. 
"(e) FUNCTIONS OF COUNCIL.— 
"(1) DUTIES.—The council shall— 
"(A) advise and assist the lead agency designated or 
established under section 635(a)(10) in the performance 
Ill STAT. 118 
PUBLIC LAW 105-17^JUNE 4, 1997 
of the responsibilities set forth in such section, particularly 
the identification of the sources of fiscal and other support 
for services for early intervention programs, assignment 
of financial responsibility to the appropriate agency, and 
the promotion of the interagency agreements; 
"(B) advise and assist the lead agency in the prepara-
tion of applications and amendments thereto; 
"(C) advise and assist the State educational agency 
regarding the transition of toddlers with disabilities to 
preschool and other appropriate services; and 
Reports. 
"(D) prepare and submit an annual report to the 
Governor and to the Secretary on the status of early inter-
vention programs for infants and toddlers with disabilities 
and their families operated within the State. 
"(2) AUTHORIZED ACTIVITY.—The council may advise and 
assist the lead agency and the State educational agency regard-
ing the provision of appropriate services for children from birth 
through age 5. The council may advise appropriate agencies 
in the State with respect to the integration of services for 
infants and toddlers with disabilities and at-risk infants and 
toddlers and their families, regardless of whether at-risk infants 
and toddlers are eligible for early intervention services in the 
State. 
"(f) CONFLICT OF INTEREST.—^No member of the council shall 
cast a vote on any matter that would provide direct financial 
benefit to that member or otherwise give the appearance of a 
conflict of interest under State law. 
20 use 1442. 
"SEC. 642. FEDERAL ADMINISTRATION. 
"Sections 616, 617, and 618 shall, to the extent not inconsistent 
with this part, apply to the program authorized by this part, 
except that— 
"(1) any reference in such sections to a State educational 
agency shall be considered to be a reference to a State's lead 
agency established or designated under section 635(a)( 10); 
"(2) any reference in such sections to a local educational 
agency, educational service agency, or a State agency shall 
be considered to be a reference to an early intervention service 
provider under this part; and 
"(3) any reference to the education of children with 
disabilities or the education of all children with disabilities 
shall be considered to be a reference to the provision of appro-
priate early intervention services to infants and toddlers with 
disabilities. 
20 use 1443. 
"SEC. 643. ALLOCATION OF FUNDS. 
"(a) RESERVATION OF FUNDS FOR OUTLYING AREAS.— 
"(1) IN GENERAL.—From the sums appropriated to carry 
out this part for any fiscal year, the Secretary may reserve 
up to one percent for payments to Guam, American Samoa, 
the Virgin Islands, and the Commonwealth of the Northern 
Mariana Islands in accordance with their respective needs. 
"(2) CONSOLIDATION OF FUNDS.—^The provisions of Public 
Law 95-134, permitting the consolidation of grants to the outly-
ing areas, shall not apply to funds those areas receive under 
this part. 
"(b) PAYMENTS TO INDIANS.— 
PUBLIC LAW 105-17—JUNE 4, 1997 
111 STAT. 119 
"(1) IN GENERAL.—The Secretary shall, subject to this sub-
section, make payments to the Secretary of the Interior to 
be distributed to tribes, tribal organizations (as defined under 
section 4 of the Indian Self-Determination and Education 
Assistance Act), or consortia of the above entities for the 
coordination of assistance in the provision of early intervention 
services by the States to infants and toddlers with disabilities 
and their families on reservations served by elementary and 
secondary schools for Indian children operated or funded by 
the Department of the Interior. The amount of such payment 
for any fiscal year shall be 1.25 percent of the aggregate of 
the amount available to all States under this part for such 
fiscal year. 
"(2) ALLOCATION.—For each fiscal year, the Secretary of 
the Interior shall distribute the entire payment received under 
paragraph (1) by providing to each tribe, tribal organization, 
or consortium an amount based on the number of infants and 
toddlers residing on the reservation, as determined annually, 
divided by the total of such children served by all tribes, tribal 
organizations, or consortia. 
"(3) INFORMATION.—To receive a payment under this 
subsection, the tribe, tribal organization, or consortium shall 
submit such information to the Secretary of the Interior as 
is needed to determine the amounts to be distributed under 
paragraph (2). 
"(4) USE OF FUNDS.—^The funds received by a tribe, tribal 
organization, or consortium shall be used to assist States in 
child find, screening, and other procedures for the early identi-
fication of Indian children under 3 years of age and for parent 
training. Such funds may also be used to provide early interven-
tion services in accordance with this part. Such activities may 
be carried out directly or through contracts or cooperative agree-
ments with the BIA, local educational agencies, and other public 
or private nonprofit organizations. The tribe, tribal organiza-
tion, or consortium is encouraged to involve Indian parents 
in the development and implementation of these activities. 
The above entities shall, as appropriate, make referrals to 
local, State, or Federal entities for the provision of services 
or further diagnosis. 
"(5) REPORTS.—^To be eligible to receive a grant under para-
graph (2), a tribe, tribal organization, or consortium shall make 
a biennial report to the Secretary of the Interior of activities 
undertaken under this subsection, including the number of 
contracts and cooperative agreements entered into, the number 
of children contacted and receiving services for each year, and 
the estimated number of children needing services during the 
2 years following the year in which the report is made. The 
Secretary of the Interior shall include a summary of this 
information on a biennial basis to the Secretary of Education 
along with such other information as required under section 
611(i)(3)(E). The Secretary of Education may require any addi-
tional information from the Secretary of the Interior. 
"(6) PROHIBITED USES OF FUNDS.—None of the funds under 
this subsection may be used by the Secretary of the Interior 
for administrative purposes, including child count, and the 
provision of technical assistance. 
"(c) STATE ALLOTMENTS.— 
Ill STAT. 120 
PUBLIC LAW 105-17^JIJNE 4, 1997 
"(1) IN GENERAL.—Except as provided in paragraphs (2), 
(3), and (4), from the funds remaining for each fiscal year 
after the reservation and payments under subsections (a) and 
(b), the Secretary shall first allot to each State an amount 
that bears the same ratio to the amount of such remainder 
as the number of infants and toddlers in the State bears to 
the number of infants and toddlers in all States. 
"(2) MINIMUM ALLOTMENTS.—Except as provided in para-
graphs (3) and (4), no State shall receive an amount under 
this section for any fiscal year that is less than 
the 
greatest of— 
"(A) one-half of one percent of the remaining amount 
described in paragraph (1); or 
"(B) $500,000. 
"(3) SPECIAL RULE FOR I998 AND 1999.— 
"(A) IN GENERAL.—Except as provided in paragraph 
(4), no State may receive an amount under this section 
for either fiscal year 1998 or 1999 that is less than the 
sum of the amounts such State received for fiscal year 
1994 under— 
"(i) part H (as in effect for such fiscal year); and 
"(ii) subpart 2 of part D of chapter 1 of title I 
of the Elementary and Secondary Education Act of 
1965 (as in effect on the day before the date of the 
enactment of the Improving America's Schools Act of 
1994) for children with disabilities under 3 years of 
age. 
"(B) EXCEPTION.—If, for fiscal year 1998 or 1999, the 
number of infants and toddlers in a State, as determined 
under paragraph (1), is less than the number of infants 
and toddlers so determined for fiscal year 1994, the amount 
determined under subparagraph (A) for the State shall 
be reduced by the same percentage by which the number 
of such infants and toddlers so declined. 
"(4) RATABLE REDUCTION.— 
"(A) IN GENERAL.—If the sums made available under 
this part for any fiscal year are insufficient to pay the 
full amounts that all States are eligible to receive under 
this subsection for such year, the Secretary shall ratably 
reduce the allotments to such States for such year. 
"(B) ADDITIONAL FUNDS.—If additional funds become 
available for making payments under this subsection for 
a fiscal year, allotments that were reduced under subpara-
graph (A) shall be increased on the same basis they were 
reduced. 
"(5) DEFINITIONS.—For the purpose of this subsection— 
"(A) the terms 'infants' and 'toddlers' mean children 
under 3 years of age; and 
"(B) the term 'State' means each of the 50 States, 
the District of Columbia, and the Commonwealth of Puerto 
Rico. 
"(d) REALLOTMENT OF FUNDS.—If a State elects not to receive 
its allotment under subsection (c), the Secretary shall reallot, among 
the remaining States, amounts from such State in accordance with 
such subsection. 
PUBLIC LAW 1 0 5 - 1 7 - J U N E 4, 1997 
111 STAT. 121 
"SEC. 644. FEDERAL INTERAGENCY COORDINATING COUNCIL. 
20 USC 1444. 
"(a) ESTABLISHMENT AND PURPOSE.— 
"(1) IN GENERAL.—^The Secretary shall establish a Federal 
Interagency Coordinating Council in order to— 
"(A) minimize duplication of programs and activities 
across Federal, State, and local agencies, relating to— 
"(i) early intervention services for infants and 
toddlers with disabilities (including at-risk infants and 
toddlers) and their families; and 
"(ii) preschool or other appropriate services for chil-
dren with disabilities; 
"(B) ensure the effective coordination of Federal early 
intervention and preschool programs and policies across 
Federal agencies; 
"(C) coordinate the provision of Federal technical 
assistance and support activities to States; 
"(D) identify gaps in Federal agency programs and 
services; and 
"(E) identify barriers to Federal interagency coopera-
tion. 
"(2) APPOINTMENTS.—The council established under para-
graph (1) (hereafter in this section referred to as the 'Council') 
and the chairperson of the Council shall be appointed by the 
Secretary in consultation with other appropriate Federal agen-
cies. In making the appointments, the Secretary shall ensure 
that each member has sufficient authority to engage in policy 
planning and implementation on behalf of the department, 
agency, or program that the member represents. 
"(b) COMPOSITION.—^The Council shall be composed of— 
"(1) a representative of the Office of Special Education 
Programs; 
"(2) a representative of the National Institute on Disability 
and Rehabilitation Research and a representative of the Office 
of Educational Research and Improvement; 
"(3) a representative of the Maternal and Child Health 
Services Block Grant Program; 
"(4) a representative of programs administered under the 
Developmental Disabilities Assistance and Bill of Rights Act; 
"(5) a representative of the Health Care Financing Adminis-
tration; 
"(6) a representative of the Division of Birth Defects and 
Developmental Disabilities of the Centers for Disease Control; 
"(7) a representative of the Social Security Administration; 
"(8) a representative of the special supplemental nutrition 
program for women, infants, and children of the Department 
of Agriculture; 
"(9) a representative of the National Institute of Mental 
Health; 
"(10) a representative of the National Institute of Child 
Health and Human Development; 
"(11) a representative of the Bureau of Indian Affairs of 
the Department of the Interior; 
"(12) a representative of the Indian Health Service; 
"(13) a representative of the Surgeon General; 
"(14) a representative of the Department of Defense; 
I l l STAT. 122 
PUBLIC LAW 1 0 5 - 1 7 ^ J U N E 4, 1997 
"(15) a representative of the Children's Bureau, and a 
representative of the Head Start Bureau, of the Administration 
for Children and Families; 
"(16) a representative of the Substance Abuse and Mental 
Health Services Administration; 
"(17) a representative of the Pediatric AIDS Health Care 
Demonstration Program in the Public Health Service; 
"(18) parents of children with disabilities age 12 or under 
(who shall constitute at least 20 percent of the members of 
the Council), of whom at least one must have a child with 
a disability under the age of 6; 
"(19) at least two representatives of State lead agencies 
for early intervention services to infants and toddlers, one 
of whom must be a representative of a State educational agency 
and the other a representative of a non-educational agency; 
"(20) other members representing appropriate agencies 
involved in the provision of, or pa3rment for, early intervention 
services and special education and related services to infants 
and toddlers with disabilities and their families and preschool 
children with disabilities; and 
"(21) other persons appointed by the Secretary. 
"(c) MEETINGS.—^The Council shall meet at least quarterly and 
in such places as the Council deems necessary. The meetings shall 
be publicly announced, and, to the extent appropriate, open and 
accessible to the general public. 
"(d) FUNCTIONS OF THE COUNCIL.—The Council shall— 
"(1) advise and assist the Secretary of Education, the Sec-
retary of Health and Human Services, the Secretary of Defense, 
the Secretary of the Interior, the Secretary of Agriculture, 
and the Commissioner of Social Security in the performance 
of their responsibilities related to serving children from birth 
through age 5 who are eligible for services under this part 
or under part B; 
"(2) conduct policy analyses of Federal programs related 
to the provision of early intervention services and special edu-
cational and related services to infants and toddlers with 
disabilities and their families, and preschool children with 
disabilities, in order to determine areas of conflict, overlap, 
duplication, or inappropriate omission; 
"(3) identify strategies to address issues described in para-
graph (2); 
"(4) develop and recommend joint policy memoranda 
concerning 
effective 
interagency 
collaboration, 
including 
modifications to regulations, and the elimination of barriers 
to interagency programs and activities; 
"(5) coordinate 
technical 
assistance 
and 
disseminate 
information on best practices, effective program coordination 
strategies, and recommendations for improved early interven-
tion programming for infants and toddlers with disabilities 
and their families and preschool children with disabilities; and 
"(6) facilitate activities in support of States' interagency 
coordination efforts. 
"(e) CONFLICT OF INTEREST.—No member of the Council shall 
cast a vote on any matter that would provide direct 
financial 
benefit to that member or otherwise give the appearance of a 
conflict of interest under Federal law. 
PUBLIC LAW 105-17-^UNE 4, 1997 
111 STAT. 123 
"(f) 
FEDERAL 
ADVISORY COMMITTEE ACT.—The Federal 
Advisory Committee Act (5 U.S.C. App.) shall not apply to the 
establishment or operation of the Council. 
"SEC. 645. AUTHORIZATION OF APPROPRIATIONS. 
20 USC 1445. 
"For the purpose of carrying out this part, there are authorized 
to be appropriated $400,000,000 for fiscal year 1998 and such 
sums as may be necessary for each of the fiscal years 1999 through 
2002. 
"PART D—NATIONAL ACTIVITIES TO IMPROVE 
EDUCATION OF CHILDREN WITH DISABILITIES 
"Subpart 1—State Program Improvement Grants 
for Children with Disabilities 
"SEC. 651. FINDINGS AND PURPOSE. 
20 USC 1451. 
"(a) FINDINGS.—The Congress finds the following: 
"(1) States are responding with some success to multiple 
pressures to improve educational and transitional services and 
results for children with disabilities in response to growing 
demands imposed by ever-changing factors, such as demo-
graphics, social policies, and labor and economic markets. 
"(2) In order for States to address such demands and to 
facilitate lasting systemic change that is of benefit to all stu-
dents, including children with disabilities. States must involve 
local educational agencies, parents, individuals with disabilities 
and their families, teachers and other service providers, and 
other interested individuals and organizations in carrying out 
comprehensive strategies to improve educational results for 
children with disabilities. 
"(3) Targeted Federal financial resources are needed to 
assist States, working in partnership with others, to identify 
and make needed changes to address the needs of children 
with disabilities into the next century. 
"(4) State educational agencies, in partnership with local 
educational agencies and other individuals and organizations, 
are in the best position to identify and design ways to meet 
emerging and expanding demands to improve education for 
children with disabilities and to address their special needs. 
"(5) Research, demonstration, and practice over the past 
20 years in special education and related disciplines have built 
a foundation of knowledge on which State and local systemic-
change activities can now be based. 
"(6) Such research, demonstration, and practice in special 
education and related disciplines have demonstrated that an 
effective educational system now and in the future must— 
"(A) maintain high academic standards and clear 
performance goals for children with disabilities, consistent 
with the standards and expectations for all students in 
the educational system, and provide for appropriate and 
effective strategies and methods to ensure that students 
who 
are 
children 
with 
disabilities 
have 
maximum 
opportunities to achieve those standards and goals; 
"(B) create a system that fully addresses the needs 
of all students, including children with disabilities, by 
I l l STAT. 124 
PUBLIC LAW 105-17^IUNE 4, 1997 
addressing the needs of children with disabihties in carry-
ing out educational reform activities; 
"(C) clearly define, in measurable terms, the school 
and post-school results that children with disabilities are 
expected to achieve; 
"(D) promote service integration, and the coordination 
of State and local education, social, health, mental health, 
and other services, in addressing the full range of student 
needs, particularly the needs of children with disabilities 
who require significant levels of support to maximize their 
participation and learning in school and the community; 
"(E) ensure that children with disabilities are provided 
assistance and support in making transitions as described 
in section 674(b)(3)(C); 
"(F) promote comprehensive programs of professional 
development to ensure that the persons responsible for 
the education or a transition of children with disabilities 
possess the skills and knowledge necessary to address the 
educational and related needs of those children; 
"(G) disseminate to teachers and other personnel serv-
ing children with disabilities research-based knowledge 
about successful teaching practices and models and provide 
technical assistance to local educational agencies and 
schools on how to improve results for children with disabil-
ities; 
"(H) create school-based disciplinary strategies that 
will be used to reduce or eliminate the need to use suspen-
sion and expulsion as disciplinary options for children with 
disabilities; 
"(I) establish placement-neutral funding formulas and 
cost-effective strategies for meeting the needs of children 
with disabilities; and 
"(J) involve individuals with disabilities and parents 
of children with disabilities in planning, implementing, 
and evaluating systemic-change activities and educational 
reforms. 
"(b) PURPOSE.—^The purpose of this subpart is to assist State 
educational agencies, and their partners referred to in section 
652(b), in reforming and improving their systems for providing 
educational, early intervention, and transitional services, including 
their systems for professional development, technical assistance, 
and dissemination of knowledge about best practices, to improve 
results for children with disabilities. 
20 use 1452. 
"SEC. 652. ELIGIBILITY AND COLLABORATIVE PROCESS. 
"(a) ELIGIBLE APPLICANTS.—^A State educational agency may 
apply for a grant under this subpart for a grant period of not 
less than 1 year and not more than 5 years. 
"(b) PARTNERS.— 
"(1) REQUIRED PARTNERS.— 
"(A) CONTRACTUAL PARTNERS.—In order to be consid-
ered for a grant under this subpart, a State educational 
agency shall establish a partnership with local educational 
agencies and other State agencies involved in, or concerned 
with, the education of children with disabilities. 
"(B) OTHER PARTNERS.—In order to be considered for 
a grant under this subpart, a State educational agency 
PUBLIC LAW 1 0 5 - 1 7 ^ J U N E 4, 1997 
111 STAT. 125 
shall work in partnership with other persons and organiza-
tions involved in, and concerned with, the education of 
children with disabilities, including— 
"(i) the Grovemor; 
"(ii) parents of children with disabilities; 
"(iii) parents of nondisabled children; 
"(iv) individuals with disabilities; 
"(v) organizations representing individuals with 
disabilities and their parents, such as parent training 
and information centers; 
"(vi) 
community-based 
and 
other 
nonprofit 
organizations involved in the education and employ-
ment of individuals with disabilities; 
"(vii) the lead State agency for part C; 
"(viii) general and special education teachers, and 
early intervention personnel; 
"(ix) the State advisory panel established under 
part C; 
"(x) the State interagency coordinating council 
established under part C; and 
"(xi) institutions of higher education within the 
State. 
"(2) OPTIONAL PARTNERS.—^A partnership under subpara-
graph (A) or (B) of paragraph (1) may also include— 
"(A) 
individuals 
knowledgeable 
about 
vocational 
education; 
"(B) the State agency for higher education; 
"(C) the State vocational rehabilitation agency; 
"(D) public agencies with jurisdiction in the areas of 
health, mental health, social services, and juvenile justice; 
and 
"(E) other individuals. 
•SEC. 653. APPLICATIONS. 
20USC1453. 
"(a) IN GENERAL.— 
"(1) SUBMISSION.—^A State educational agency that desires 
to receive a grant under this subpart shall submit to the 
Secretary an application at such time, in such manner, and 
including such information as the Secretary may require. 
"(2) STATE IMPROVEMENT PLAN.—The application shall 
include a State improvement plan that— 
"(A) is integrated, to the maximum extent possible, 
with State plans under the Elementary and Secondary 
Education Act of 1965 and the Rehabilitation Act of 1973, 
as appropriate; and 
"(B) meets the requirements of this section. 
"(b) DETERMINING CHILD AND PROGRAM NEEDS.— 
"(1) IN GENERAL.—Each State improvement plan shall 
identify those critical aspects of early intervention, general 
education, and special education programs (including profes-
sional development, based on an assessment of State and local 
needs) that must be improved to enable children with disabil-
ities to meet the goals established by the State under section 
612(a)(16). 
"(2) REQUIRED ANALYSES.—^To meet the requirement of 
paragraph (1), the State improvement plan shall include at 
least— 
I l l STAT. 126 
PUBLIC LAW 105-17^JUNE 4, 1997 
"(A) an analysis of all information, reasonably available 
to the State educational agency, on the performance of 
children with disabilities in the State, including— 
"(i) their performance on State assessments and 
other performance indicators established for all chil-
dren, including drop-out rates and graduation rates; 
"(ii) their participation in postsecondary education 
and employment; and 
"(iii) how their performance on the assessments 
and indicators described in clause (i) compares to that 
of non-disabled children; 
"(B) an analysis of State and local needs for profes-
sional development for personnel to serve children with 
disabilities that includes, at a minimum— 
"(i) the number of personnel providing special 
education and related services; and 
"(ii) relevant information on current and antici-
pated personnel vacancies and shortages (including the 
number of individuals described in clause (i) with tem-
porary certification), and on the extent of certification 
or retraining necessary to eliminate such shortages, 
that is based, to the maximum extent possible, on 
existing assessments of personnel needs; 
"(C) an analysis of the major findings of the Secretary's 
most recent reviews of State compliance, as they relate 
to improving results for children with disabilities; and 
"(D) an analysis of other information, reasonably avail-
able to the State, on the effectiveness of the State's systems 
of early intervention, special education, and general edu-
cation in meeting the needs of children with disabilities. 
"(c) 
IMPROVEMENT 
STRATEGIES.—Each State 
improvement 
plan shall— 
"(1) describe a partnership agreement that— 
"(A) specifies— 
"(i) the nature and extent of the partnership among 
the State educational agency, local educational agen-
cies, and other State agencies involved in, or concerned 
with, the education of children with disabilities, and 
the respective roles of each member of the partnership; 
and 
"(ii) how such agencies will work in partnership 
with other persons and organizations involved in, and 
concerned with, the education of children with disabil-
ities, including the respective roles of each of these 
persons and organizations; and 
"(B) is in effect for the period of the grant; 
"(2) describe how grant funds will be used in undertaking 
the systemic-change activities, and the amount and nature 
of funds from any other sources, including part B funds retained 
for use at the State level under sections 611(f) and 619(d), 
that will be committed to the systemic-change activities; 
"(3) describe the strategies the State will use to address 
the needs identified under subsection (b), including— 
"(A) how the State will change State policies and proce-
dures to address systemic barriers to improving results 
for children with disabilities; 
PUBLIC LAW 1 0 5 - 1 7 ^ J U N E 4, 1997 
111 STAT. 127 
"(B) how the State will hold local educational agencies 
and schools accountable for educational progress of children 
with disabilities; 
"(C) how the State will provide technical assistance 
to local educational agencies and schools to improve results 
for children with disabilities; 
"(D) how the State will address the identified needs 
for in-service and pre-service preparation to ensure that 
all personnel who work with children with disabilities 
(including both professional and paraprofessional personnel 
who provide special education, general education, related 
services, or early intervention services) have the skills and 
knowledge necessary to meet the needs of children with 
disabilities, including a description of how— 
"(i) the State will prepare general and special edu-
cation personnel with the content knowledge and 
collaborative skills needed to meet the needs of children 
with disabilities, including how the State will work 
with other States on common certification criteria; 
"(ii) the State will prepare professionals and para-
professionals in the area of early intervention with 
the content knowledge and collaborative skills needed 
to meet the needs of infants and toddlers with disabil-
ities; 
"(iii) the State will work with institutions of higher 
education and other entities that (on both a pre-service 
and an in-service basis) prepare personnel who work 
with children with disabilities to ensure that those 
institutions £ind entities develop the capacity to support 
quality professional development programs that meet 
State and local needs; 
"(iv) the State will work to develop collaborative 
agreements with other States for the joint support 
and development of programs to prepare personnel 
for which there is not sufficient demand within a single 
State to justify support or development of such a pro-
gram of preparation; 
"(v) the State will work in collaboration with other 
States, particularly neighboring States, to address the 
lack of uniformity and reciprocity in the credentialing 
of teachers and other personnel; 
"(vi) the State will enhance the ability of teachers 
and others to use strategies, such as behavioral inter-
ventions, to address the conduct of children with 
disabilities that impedes the learning of children with 
disabilities emd others; 
"(vii) the State will acquire and disseminate, to 
teachers, administrators, school board members, and 
related 
services 
personnel, 
significant 
knowledge 
derived from educational research and other sources, 
and how the State will, when appropriate, adopt 
promising practices, materials, and technology; 
"(viii) the State will recruit, prepare, and retain 
qualified 
personnel, 
including 
personnel 
with 
disabilities and personnel from groups that are under-
represented in the fields of regular education, special 
education, and related services; 
Ill STAT. 128 
PUBLIC LAW 105-17—JUNE 4, 1997 
"(ix) the plan is integrated, to the maximum extent 
possible, with other professional development plans 
and activities, including plans and activities developed 
and carried out under other Federal and State laws 
that address personnel recruitment and training; and 
"(x) the State will provide for the joint training 
of parents and special education, related services, and 
general education personnel; 
"(E) strategies that will address systemic problems 
identified in Federal compliance reviews, including short-
ages of qualified personnel; 
"(F) how the State will disseminate results of the local 
capacity-building and improvement projects funded under 
section 611(f)(4); 
"(G) how the State will address improving results for 
children with disabilities in the geographic areas of greatest 
need; and 
"(H) how the State will assess, on a regular basis, 
the extent to which the strategies implemented under this 
subpart have been effective; and 
"(4) describe how the improvement strategies described 
in paragraph (3) will be coordinated with public and private 
sector resources. 
"(d) COMPETITIVE AWARDS.— 
Grants. 
"(1) IN GENERAL.—The Secretary shall make grants under 
this subpart on a competitive basis. 
"(2) PRIORITY.—The Secretary may give priority to applica-
tions on the basis of need, as indicated by such information 
as the findings of Federal compliance reviews. 
"(e) PEER REVIEW.— 
"(1) IN GENERAL.—The Secretary shall use a panel of 
experts who are competent, by virtue of their training, exper-
tise, or experience, to evaluate applications under this subpart. 
"(2) COMPOSITION OF PANEL.^A majority of a panel 
described in paragraph (1) shall be composed of individuals 
who are not employees of the Federal Government. 
"(3) 
PAYMENT OF FEES AND EXPENSES OF CERTAIN MEM-
BERS.—^The Secretary may use available funds appropriated 
to carry out this subpart to pay the expenses and fees of 
panel members who are not employees of the Federal Govern-
ment. 
"(f) REPORTING PROCEDURES.—^Each State educational agency 
that receives a grant under this subpart shall submit performance 
reports to the Secretary pursuant to a schedule to be determined 
by the Secretary, but not more frequently than annually. The 
reports shall describe the progress of the State in meeting the 
performance goals established under section 612(a)(16), analyze 
the effectiveness of the State's strategies in meeting those goals, 
and identify any changes in the strategies needed to improve its 
performance. 
20 use 1454. 
"SEC. 654. USE OF FUNDS. 
"(a) IN GENERAL.— 
"(1) ACTIVITIES.—^A State educational agency that receives 
a grant under this subpart may use the grant to carry out 
any activities that are described in the State's application and 
that are consistent with the purpose of this subpart. 
PUBLIC LAW 1 0 5 - 1 7 ^ J U N E 4, 1997 
111 STAT. 129 
"(2) CONTRACTS AND SUBGRANTS.—Each such State edu-
cational agency— 
"(A) shall, consistent with its partnership agreement 
under section 652(b), award contracts or subgrants to local 
educational agencies, institutions of higher education, and 
parent training and information centers, as appropriate, 
to carry out its State improvement plan under this subpart; 
and 
"(B) may award contracts and subgrants to other public 
and private entities, including the lead agency under part 
C, to carry out such plan. 
"(b) USE OF FUNDS FOR PROFESSIONAL DEVELOPMENT.—^A State 
educational agency that receives a grant under this subpart— 
"(1) shall use not less than 75 percent of the funds it 
receives under the grant for any fiscal year— 
"(A) to ensure that there are sufficient regular edu-
cation, special education, and related services personnel 
who have the skills and knowledge necessary to meet the 
needs of children with disabilities and developmental goals 
of young children; or 
"(B) to work with other States on common certification 
criteria; or 
"(2) shall use not less than 50 percent of such funds for 
such purposes, if the State demonstrates to the Secretary's 
satisfaction that it has the personnel described in paragraph 
(1)(A). 
"(c) GRANTS TO OUTLYING AREAS.—Public Law 95-134, permit-
ting the consolidation of grants to the outlying areas, shall not 
apply to funds received under this subpart. 
"SEC. 655. MINIMUM STATE GRANT AMOUNTS. 
20 USC 1455. 
"(a) IN GENERAL.—^The Secretary shall make a grant to each 
State educational agency whose application the Secretary has 
selected for funding under this subpart in an amount for each 
fiscal year that is— 
"(1) not less than $500,000, nor more than $2,000,000, 
in the case of the 50 States, the District of Columbia, and 
the Commonwealth of Puerto Rico; and 
"(2) not less than $80,000, in the case of an outlying area. 
"(b) INFLATION ADJUSTMENT.—Beginning with fiscal year 1999, 
the Secretary may increase the maximum amount described in 
subsection (a)(1) to account for inflation. 
"(c) FACTORS.—The Secretary shall set the amount of each 
grant under subsection (a) after considering— 
"(1) the amount of funds available for making the grants; 
"(2) the relative population of the State or outlying 
area; and 
"(3) the types of activities proposed by the State or outlying 
area. 
"SEC. 656. AUTHORIZATION OF APPROPRIATIONS. 
20 USC 1456. 
"There are authorized to be appropriated to carry out this 
subpart such sums as may be necessary for each of the fiscal 
years 1998 through 2002. 
Ill STAT. 130 
PUBLIC LAW 105-17^TUNE 4, 1997 
"Subpart 
2—Coordinated 
Research, 
Personnel 
Preparation, Technical Assistance, Support, and 
Dissemination of Information 
20 use 1461. 
"SEC. 661. ADMINISTRATIVE PROVISIONS. 
"(a) COMPREHENSIVE PLAN.— 
"(1) IN GENERAL.—The Secretary shall develop and imple-
ment a comprehensive plan for activities carried out under 
this subpart in order to enhance the provision of educational, 
related, transitional, and early intervention services to children 
with disabilities under parts B and C. The plan shall include 
mechanisms to address educational, related services, transi-
tional, and early intervention needs identified 
by State 
educational agencies in applications submitted for State pro-
gram improvement grants under subpart 1. 
"(2) PARTICIPANTS IN PLAN DEVELOPMENT.—In developing 
the plan described in paragraph (1), the Secretary shall 
consult with— 
"(A) individuals with disabilities; 
"(B) parents of children with disabilities; 
"(C) appropriate professionals; and 
"(D) representatives of State and local educational 
agencies, private schools, institutions of higher education, 
other Federal agencies, the National Council on Disability, 
and national organizations with an interest in, and exper-
tise in, providing services to children with disabilities and 
their families. 
"(3) PUBLIC COMMENT.—The Secretary shall take public 
comment on the plan. 
"(4) DISTRIBUTION OF FUNDS.—In implementing the plan, 
the Secretary shall, to the extent appropriate, ensure that 
funds are awarded to recipients under this subpart to carry 
out activities that benefit, directly or indirectly, children with 
disabilities of all ages. 
"(5) REPORTS TO CONGRESS.—The Secretary shall periodi-
cally report to the Congress on the Secretary's activities under 
this subsection, including an initial report not later than the 
date that is 18 months after the date of the enactment of 
the Individuals with Disabilities Education Act Amendments 
of 1997. 
"(b) ELIGIBLE APPLICANTS.— 
"(1) IN GENERAL.—Except as otherwise provided in this 
subpart, the following entities are eligible to apply for a grant, 
contract, or cooperative agreement under this subpart: 
"(A) A State educational agency. 
"(B) A local educational agency. 
"(C) An institution of higher education. 
"(D) Any other public agency. 
"(E) A private nonprofit organization. 
"(F) An outlying area. 
"(G) An Indian tribe or a tribal organization (as defined 
under section 4 of the Indian Self-Determination and Edu-
cation Assistance Act). 
PUBLIC LAW 1 0 5 - 1 7 - ^ U N E 4, 1997 
111 STAT. 131 
"(H) A for-profit organization, if the Secretary finds 
it appropriate in light of the purposes of a particular com-
petition for a grant, contract, or cooperative agreement 
under this subpart. 
"(2) SPECIAL RULE.—The Secretary may limit the entities 
eligible for an award of a grant, contract, or cooperative agree-
ment to one or more categories of eligible entities described 
in paragraph (1). 
"(c) USE OF FUNDS BY SECRETARY.—^Notwithstanding any other 
provision of law, and in addition to any authority granted the 
Secretary under chapter 1 or chapter 2, the Secretary may use 
up to 20 percent of the funds available under either chapter 1 
or chapter 2 for any fiscal year to carry out any activity, or combina-
tion of activities, subject to such conditions as the Secretary 
determines are appropriate effectively to carry out the purposes 
of such chapters, that— 
"(1) is consistent with the purposes of chapter 1, chapter 
2, or both; and 
"(2) involves— 
"(A) research; 
"(B) personnel preparation; 
"(C) parent training and information; 
"(D) technical assistance and dissemination; 
"(E) technology development, demonstration, and utili-
zation; or 
"(F) media services. 
"(d) SPECIAL POPULATIONS.— 
"(1) APPLICATION REQUIREMENT.—In making an award of 
a grant, contract, or cooperative agreement under this subpart, 
the Secretary shall, as appropriate, require an applicant to 
demonstrate how the applicant will address the needs of chil-
dren with disabilities from minority backgrounds. 
"(2) OUTREACH AND TECHNICAL ASSISTANCE.— 
"(A) REQUIREMENT.—Notwithstanding any other provi-
sion of this Act, the Secretary shall ensure that at least 
one percent of the total amount of funds appropriated 
to carry out this subpart is used for either or both of 
the following activities: 
"(i) To provide outreach and technical assistance 
to Historically Black Colleges and Universities, and 
to institutions of higher education with minority 
enrollments of at least 25 percent, to promote the 
participation of such colleges, universities, and institu-
tions in activities under this subpart. 
"(ii) To enable Historically Black Colleges and 
Universities, and the institutions described in clause 
(i), to assist other colleges, universities, institutions, 
and agencies in improving educational and transitional 
results for children with disabilities. 
"(B) RESERVATION OF FUNDS.—^The Secretary may 
reserve funds appropriated under this subpart to satisfy 
the requirement of subparagraph (A). 
"(e) PRIORITIES.— 
"(1) IN GENERAL.—Except as otherwise explicitly authorized 
in this subpart, the Secretary shall ensure that a grant, con-
tract, or cooperative agreement under chapter 1 or 2 is awarded 
only— 
I l l STAT. 132 
PUBLIC LAW 105-17-^UNE 4, 1997 
"(A) for activities that are designed to benefit children 
with disabilities, their families, or the personnel employed 
to work with such children or their families; or 
"(B) to benefit other individuals with disabilities that 
such chapter is intended to benefit. 
"(2) 
PRIORITY FOR PARTICULAR ACTIVITIES.—Subject 
to 
paragraph (1), the Secretary, in making an award of a grant, 
contract, or cooperative agreement under this subpart, may, 
without regard to the rule making procedures under section 
553 of title 5, United States Code, limit competitions to, or 
otherwise give priority to— 
"(A) projects that address one or more— 
"(i) age ranges; 
"(ii) disabilities; 
"(iii) school grades; 
"(iv) types of educational placements or early inter-
vention environments; 
"(v) types of services; 
"(vi) content areas, such as reading; or 
"(vii) effective strategies for helping children with 
disabilities learn appropriate behavior in the school 
and other community-based educational settings; 
"(B) projects that address the needs of children based 
. on the severity of their disability; 
"(C) projects that address the needs of— 
"(i) low-achieving students; 
"(ii) underserved populations; 
"(iii) children from low-income families; 
"(iv) children with limited English proficiency; 
"(v) unserved and underserved areas; 
"(vi) particular types of geographic areas; or 
"(vii) children whose behavior interferes with their 
learning and socialization; 
"(D) projects to reduce inappropriate identification of 
children as children with disabilities, particularly among 
minority children; 
"(E) projects that are carried out in particular areas 
of the country, to ensure broad geographic coverage; and 
"(F) any activity that is expressly authorized in chapter 
lor 2. 
"(f) APPLICANT AND RECIPIENT RESPONSIBILITIES.— 
"(1) 
DEVELOPMENT AND ASSESSMENT OF PROJECTS.—The 
Secretary shall require that an applicant for, and a recipient 
of, a grant, contract, or cooperative agreement for a project 
under this subpart— 
"(A) involve individuals with disabilities or parents 
of individuals with disabilities 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 Secretary 
may 
require a recipient of a grant, contract, or cooperative agree-
ment for a project under this subpart— 
"(A) to share in the cost of the project; 
"(B) to prepare the research and evaluation findings 
and products from the project in formats that are useful 
PUBLIC LAW 105-17^JUNE 4, 1997 
111 STAT. 133 
for specific audiences, including parents, administrators, 
teachers, early intervention personnel, related services 
personnel, and individuals with disabilities; 
"(C) to disseminate such findings and products; and 
"(D) to collaborate with other such recipients in carry-
ing out subparagraphs (B) and (C). 
"(g) APPLICATION MANAGEMENT.— 
"(1) STANDING PANEL.— 
"(A) IN GENERAL.—The Secretary shall establish and 
use a standing panel of experts who are competent, by 
virtue of their training, expertise, or experience, to evaluate 
applications under this subpart 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 representatives of institu-
tions of higher education that plan, develop, and carry 
out programs of personnel preparation; 
"(ii) individuals who design and carry out programs 
of research targeted to the improvement of special 
education programs and services; 
"(iii) individuals who have recognized experience 
and knowledge necessary to integrate and apply 
research findings to improve educational and transi-
tional results for children with disabilities; 
"(iv) individuals who administer programs 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 children with disabilities; 
"(vii) individuals who are parents of children with 
disabilities who are benefiting, or have benefited, from 
coordinated research, personnel preparation, and tech-
nical assistance; and 
"(viii) individuals with disabilities. 
"(C) TRAINING.—^The Secretary shall provide training 
to the individuals who are selected as members of the 
standing panel under this paragraph. 
"(D) TERM.—No individual shall serve on the standing 
panel for more than 3 consecutive years, unless the 
Secretary determines that the individual's 
continued 
participation is necessary for the sound administration of 
this subpart. 
"(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 includes— 
"(i) individuals with knowledge and expertise on 
the issues addressed by the activities authorized by 
the subpart; and 
"(ii) to the extent practicable, parents of children 
with disabilities, individuals with disabilities, and per-
sons from diverse backgrounds. 
I l l STAT. 134 
PUBLIC LAW 105-17-JUNE 4, 1997 
"(B) FEDERAL EMPLOYMENT LIMITATION.—^A majority of 
the individuals on each sub-panel that reviews an applica-
tion under this subpart shall be individuals who are not 
employees of the Federal Grovernment. 
"(3) USE OF DISCRETIONARY FUNDS FOR ADMINISTRATIVE 
PURPOSES.— 
"(A) EXPENSES AND FEES OF NON-FEDERAL PANEL MEM-
BERS.—^The Secretary may use funds available under this 
subpart to pay the expenses and fees of the panel members 
who are not officers or employees of the Federal Govern-
ment. 
"(B) ADMINISTRATIVE SUPPORT.—^The Secretary may use 
not more than 1 percent of the funds appropriated to carry 
out this subpart to pay non-Federal entities for administra-
tive support 
related to management 
of applications 
submitted under this subpart. 
"(C) MONITORING.—^The Secretary may use funds avail-
able under this subpart to pay the expenses of Federal 
employees to conduct on-site monitoring of projects receiv-
ing $500,000 or more for any fiscal year under this subpart. 
"(h) PROGRAM EVALUATION.—The Secretary may use funds 
appropriated to carry out this subpart to evaluate activities carried 
out under the subpart. 
"(i) 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 to address the follow-
ing needs: 
"(A) $12,832,000 to address the educational, related 
services, transitional, and early intervention needs of 
children with deaf-blindness. 
"(B) $4,000,000 to address the postsecondary, voca-
tional, technical, continuing, and adult education needs 
of individuals with deafness. 
"(C) $4,000,000 to address the educational, related 
services, and transitional needs of children with an emo-
tional disturbance and those who are at risk of developing 
an emotional disturbance. 
"(2) RATABLE REDUCTION.—If the total amount appropriated 
to carry out sections 672, 673, and 685 for any fiscal year 
is less than $130,000,000, the amounts listed in paragraph 
(1) shall be ratably reduced. 
"(j) ELIGIBILITY FOR FINANCIAL ASSISTANCE.—Effective for fiscal 
years for which the Secretary may make grants under section 
619(b), no State or local educational agency or educational service 
agency or other public institution or agency may receive a grant 
under this subpart which relates exclusively to programs, projects, 
and activities pertaining to children aged 3 through 5, inclusive, 
unless the State is eligible to receive a grant under section 619(b). 
PUBLIC LAW 105-17—JUNE 4, 1997 
111 STAT. 135 
"Chapter 1—Improving Early Intervention, Edu-
cational, and Transitional Services and Results 
for Children with Disabilities through Coordi-
nated Research and Personnel Preparation 
"SEC. 671. FINDINGS AND PURPOSE. 
20 USC 1471. 
"(a) FINDINGS.—The Congress finds the following: 
"(1) The Federal Government has an ongoing obligation 
to support programs, projects, and activities that contribute 
to positive results for children with disabilities, enabling them— 
"(A) to meet their early intervention, educational, and 
transitional goals and, to the maximum extent possible, 
educational standards that have been established for all 
children; and 
"(B) to acquire the skills that will empower them to 
lead productive and independent adult lives. 
"(2)(A) As a result of more than 20 years of Federal support 
for research, demonstration projects, and personnel preparation, 
there is an important knowledge base for improving results 
for children with disabilities. 
"(B) Such knowledge should be used by States and local 
educational agencies to design and implement state-of-the-art 
educational systems that consider the needs of, and include, 
children with disabilities, especially in environments in which 
they can learn along with their peers and achieve results meas-
ured by the same standards as the results of their peers. 
"(3)(A) Continued Federal support is essential for the devel-
opment and maintenance of a coordinated and high-quality 
program of research, demonstration projects, dissemination of 
information, and personnel preparation. 
"(B) Such support— 
"(i) enables State educational agencies and local edu-
cational agencies to improve their educational systems and 
results for children with disabilities; 
"(ii) enables State and local agencies to improve early 
intervention services and results for infants and toddlers 
with disabilities and their families; and 
"(iii) enhances the opportunities for general and special 
education personnel, related services personnel, parents, 
and paraprofessionals to participate in pre-service and in-
service training, to collaborate, and to improve results for 
children with disabilities and their families. 
"(4) The Federal Government plays a critical role in facili-
tating the availability of an adequate number of qualified 
personnel— 
"(A) to serve effectively the over 5,000,000 children 
with disabilities; 
"(B) to assume leadership positions in administrative 
and direct-service capacities related to teacher training 
and research concerning the provision of early intervention 
services, special education, and related services; and 
"(C) to work with children with low-incidence disabil-
ities and their families. 
"(5) The Federal Government performs the role described 
in paragraph (4)— 
I l l STAT. 136 
PUBLIC LAW 105-17-^UNE 4, 1997 
"(A) by supporting models of personnel development 
that reflect successful practice, including strategies for 
recruiting, preparing, and retaining personnel; 
"(B) by promoting the coordination and integration of— 
"(i) personnel-development activities for teachers 
of children with disabilities; and 
"(ii) other personnel-development activities sup-
ported under Federal law, including this chapter; 
"(C) by supporting the development and dissemination 
of information about teaching standards; and 
"(D) by promoting the coordination and integration 
of personnel-development activities through linkage with 
systemic-change activities within States and nationally. 
"(b) PURPOSE.—^Thepurposeofthischapter is to provide Federal 
funding for coordinated research, demonstration projects, outreach, 
and personnel-preparation activities that— 
"(1) are described in sections 672 through 674; 
"(2) are linked with, and promote, systemic change; and 
"(3) improve early intervention, educational, and transi-
tional results for children with disabilities. 
20 use 1472. 
"SEC. 672. RESEARCH AND INNOVATION TO IMPROVE SERVICES AND 
RESULTS FOR CHILDREN WITH DISABILITIES. 
Grants. 
"(a) IN GENERAL.—The Secretary shall make competitive grants 
Contracts. 
to, or enter into contracts or cooperative agreements with, eligible 
entities to produce, and advance the use of, knowledge— 
"(1) to improve— 
"(A) services provided under this Act, including the 
practices of professionals and others involved in providing 
such services to children with disabilities; and 
"(B) educational results for children with disabilities; 
"(2) to address the special needs of preschool-aged children 
and infants and toddlers with disabilities, including infants 
and toddlers who would be at risk of having substantial devel-
opmental delays if early intervention services were not provided 
to them; 
"(3) to address the specific problems of over-identification 
and under-identification of children with disabilities; 
"(4) to develop and implement effective strategies for 
addressing inappropriate behavior of students with disabilities 
in schools, including strategies to prevent children with emo-
tional and behavioral problems from developing emotional 
disturbances that require the provision of special education 
and related services; 
"(5) to improve secondary and postsecondary education and 
transitional services for children with disabilities; and 
"(6) to address the range of special education, related serv-
ices, and early intervention needs of children with disabilities 
who need significant levels of support to maximize their partici-
pation and learning in school and in the community. 
"(b) NEW KNOWLEDGE PRODUCTION; AUTHORIZED ACTIVITIES.— 
"(1) IN GENERAL.—In carrying out this section, the 
Secretary shall support activities, consistent with the objectives 
described in subsection (a), that lead to the production of new 
knowledge. 
PUBLIC LAW 1 0 5 - 1 7 ^ J U N E 4, 1997 
111 STAT. 137 
"(2) AUTHORIZED ACTIVITIES.—^Activities that may be car-
ried out under this subsection include activities such as the 
following: 
"(A) Expanding understanding of the relationships 
between learning characteristics of children with disabil-
ities and the diverse ethnic, cultural, linguistic, social, and 
economic backgrounds of children with disabilities and 
their families. 
"(B) Developing or identifying innovative, effective, and 
efficient curricula designs, instructional approaches, and 
strategies, and developing or identifying positive academic 
and social learning opportunities, that— 
"(i) enable children with disabilities to make effec-
tive transitions described in section 674(b)(3)(C) or 
transitions between educational settings; and 
"(ii) improve educational and transitional results 
for children with disabilities at all levels of the edu-
cational system in which the activities are carried out 
and, in particular, that improve the progress of the 
children, as measured by assessments within the gen-
eral education curriculum involved. 
"(C) Advancing the design of assessment tools and 
procedures that will accurately and efficiently determine 
the special instructional, learning, and behavioral needs 
of children with disabilities, especially within the context 
of general education. 
"(D) Studying and promoting improved alignment and 
compatibility of general and special education reforms con-
cerned with curricular and instructional reform, evaluation 
and accountability of such reforms, and administrative 
procedures. 
"(E) Advancing the design, development, and integra-
tion of technology, assistive technology devices, media, and 
materials, to improve early intervention, educational, and 
transitional services and results for children with disabil-
ities. 
"(F) Improving designs, processes, and results of 
personnel preparation for personnel who provide services 
to children with disabilities through the acquisition of 
information on, and implementation of, research-based 
practices. 
"(G) Advancing knowledge about the coordination of 
education with health and social services. 
"(H) Producing information on the long-term impact 
of early intervention and education on results for individ-
uals with disabilities through large-scale longitudinal 
studies. 
"(c) 
INTEGRATION OF RESEARCH AND PRACTICE; AUTHORIZED 
ACTIVITIES.— 
"(1) IN GENERAL.—In carrying out this section, the Sec-
retary shall support activities, consistent with the objectives 
described in subsection (a), that integrate research and practice, 
including activities that support State systemic-change and 
local capacity-building and improvement efforts. 
"(2) AUTHORIZED ACTIVITIES.—^Activities that may be car-
ried out under this subsection include activities such as the 
following: 
3&-194 O - 97 - 6 : QL 3 Part 1 
I l l STAT. 138 
PUBLIC LAW 105-17—JUNE 4, 1997 
"(A) Model demonstration projects to apply and test 
research findings in typical service settings to determine 
the usability, effectiveness, and general applicability of 
such research findings in such areas as improving instruc-
tional methods, curricula, and tools, such as textbooks and 
media. 
"(B) Demonstrating and applying research-based find-
ings to facilitate systemic changes, related to the provision 
of services to children with disabilities, in policy, procedure, 
practice, and the training and use of personnel. 
"(C) Promoting and demonstrating the coordination of 
early intervention and educational services for children 
with 
disabilities 
with 
services 
provided 
by 
health, 
rehabilitation, and social service agencies. 
"(D) Identifying and disseminating solutions that over-
come systemic barriers to the effective and efficient delivery 
of early intervention, educational, and transitional services 
to children with disabilities. 
"(d) 
IMPROVING THE USE OF PROFESSIONAL KNOWLEDGE; 
AUTHORIZED ACTIVITIES.— 
"(1) IN GENERAL.—In carrying out this section, the Sec-
retary shall support activities, consistent with the objectives 
described in subsection (a), that improve the use of professional 
knowledge, including activities that support State systemic-
change and local capacity-building and improvement efforts. 
"(2) 
AUTHORIZED ACTIVITIES.—^Activities that may be 
carried out under this subsection include activities such as 
the following: 
"(A) Synthesizing useful research and other informa-
tion relating to the provision of services to children with 
disabilities, including effective practices. 
"(B) Analyzing 
professional 
knowledge 
bases to 
advance an understanding of the relationships, and the 
effectiveness of practices, relating to the provision of serv-
ices to children with disabilities. 
"(C) Ensuring that research and related products are 
in appropriate formats for distribution to teachers, parents, 
and individuals with disabilities. 
"(D) Enabling professionals, parents of children with 
disabilities, and other persons, to learn about, and imple-
ment, the findings of research, and successful practices 
developed in model demonstration projects, relating to the 
provision of services to children with disabilities. 
"(E) Conducting outreach, and disseminating informa-
tion relating to successful 
approaches to overcoming 
systemic barriers to the effective and efficient delivery of 
early intervention, educational, and transitional services, 
to personnel who provide services to children with disabil-
ities. 
"(e) BALANCE AMONG ACTIVITIES AND AGE RANGES.—In carrying 
out this section, the Secretary shall ensure that there is an appro-
priate balance— 
"(1) among knowledge production, integration of research 
and practice, and use of professional knowledge; and 
"(2) across all age ranges of children with disabilities. 
"(f) APPLICATIONS.—^An eligible entity that wishes to receive 
a grant, or enter into a contract or cooperative agreement, under 
PUBLIC LAW 105-17-JUNE 4, 1997 
111 STAT. 139 
this section shall submit an application to the Secretary at such 
time, in such manner, and containing such information as the 
Secretary may require. 
"(g) 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 1998 through 2002. 
"SEC. 673. PERSONNEL PREPARATION l O IMPROVE SERVICES AND 
20USC1473. 
RESULTS FOR CHILDREN WITH DISABILITIES. 
"(a) IN GENERAL.—^The Secretary shall, on a competitive basis, Grants. 
make grants to, or enter into contracts or cooperative agreements Contracts, 
with, eligible entities— 
"(1) to help address State-identified needs for qualified 
personnel in special education, related services, early interven-
tion, and regular education, to work with children with 
disabilities; and 
"(2) to ensure that those personnel have the skills and 
knowledge, derived from practices that have been determined, 
through research and experience, to be successful, that are 
needed to serve those children. 
"(b) LOW-INCIDENCE DISABILITIES; AUTHORIZED ACTIVITIES.— 
"(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 car-
ried out under this subsection include activities 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 them to assist children 
with disabilities to achieve the objectives set out in 
their individualized education programs described in 
section 614(d), or to assist infants and toddlers with 
disabilities to achieve the outcomes described in their 
individualized family service plans described in section 
636. 
"(B) Providing personnel from various disciplines with 
interdisciplinary training that will contribute to improve-
ment in early intervention, educational, and transitional 
results for children with disabilities. 
"(C) Preparing personnel in the innovative uses and 
application of technology to enhance learning by children 
with disabilities through early intervention, educational, 
and transitional services. 
"(D) Preparing personnel who provide services to vis-
ually 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 disabilities, particularly 
deaf and hard-of-hearing children in school and school-
related activities and deaf and hard-of-hearing infants and 
toddlers and preschool children in early intervention and 
preschool programs. 
Ill STAT. 140 
PUBLIC LAW 105-17—JUNE 4, 1997 
"(F) Preparing personnel who provide services to chil-
dren with significant cognitive disabilities 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 simultaneous 
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 children 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 
applications that propose to prepare personnel in more than 
one low-incidence disability, such as deafness and blindness. 
"(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 impaired or blind children that can appro-
priately be provided in Braille will prepare those individuals 
to provide those services in Braille. 
"(c) LEADERSHIP PREPARATION; AUTHORIZED ACTIVITIES.— 
"(1) IN GENERAL.—In carrying out this section, the Sec-
retary shall support leadership preparation activities that are 
consistent with the objectives described in subsection (a). 
"(2) AUTHORIZED ACTIVITIES.—^Activities that may be car-
ried out under this subsection include activities such as the 
following: 
"(A) Preparing personnel at the advanced graduate, 
doctoral, and postdoctoral levels of training to administer, 
enhance, or provide services for children with disabilities. 
"(B) Providing interdisciplinary training for various 
types 
of 
leadership 
personnel, 
including 
teacher 
preparation faculty, administrators, researchers, super-
visors, principals, and other persons whose work affects 
early intervention, educational, and transitional services 
for children with disabilities. 
"(d) 
PROJECTS 
OF 
NATIONAL 
SIGNIFICANCE; 
AUTHORIZED 
ACTIVITIES.— 
"(1) IN GENERAL.—In carrying out this section, the Sec-
retary shall support activities, consistent with the objectives 
described in subsection (a), that are of national significance 
and have broad applicability. 
"(2) AUTHORIZED ACTIVITIES.—^Activities that may be car-
ried out under this subsection include activities such as the 
following: 
"(A) Developing and demonstrating effective and effi-
cient practices for preparing personnel to provide services 
to children with disabilities, including practices that 
address any needs identified in the State's improvement 
plan under part C; 
"(B) Demonstrating the application of significant 
knowledge derived from research and other sources in the 
development of programs to prepare personnel to provide 
services to children with disabilities. 
PUBLIC LAW 105-17—JUNE 4, 1997 
111 STAT. 141 
"(C) Demonstrating models for the preparation of, and 
interdisciplinary training of, early intervention, special edu-
cation, and general education personnel, to enable the 
personnel— 
"(i) to acquire the collaboration skills necessary 
to work within teams to assist children with disabil-
ities; and 
"(ii) to achieve results that meet challenging 
standards, particularly within the general education 
curriculum. 
"(D) Demonstrating models that reduce shortages of 
teachers, and personnel from other relevant disciplines, 
who serve children with disabilities, through reciprocity 
arrangements between States that are related to licensure 
and certification. 
"(E) Developing, evaluating, and disseminating model 
teaching standards for persons working with children with 
disabilities. 
"(F) Promoting the transferability, across State and 
local jurisdictions, of licensure and certification of teachers 
and administrators working with such children. 
"(G) Developing and disseminating models that prepare 
teachers with strategies, including behavioral interven-
tions, for 
addressing 
the 
conduct 
of children 
with 
disabilities that impedes their learning and that of others 
in the classroom. 
"(H) Institutes that provide professional development 
that addresses the needs of children with disabilities to 
teachers or teams of teachers, and where appropriate, to 
school board members, administrators, principals, pupil-
service personnel, and other staff from individual schools. 
"(I) Projects to improve the ability of general education 
teachers, principals, and other administrators to meet the 
needs of children with disabilities. 
"(J) Developing, evaluating, and disseminating innova-
tive models for the recruitment, induction, retention, and 
assessment of new, qualified teachers, especially from 
groups that are underrepresented in the teaching profes-
sion, including individuals with disabilities. 
"(K) Supporting institutions of higher education with 
minority enrollments of at least 25 percent for the purpose 
of preparing personnel to work with children with disabil-
ities. 
"(e) HIGH-INCIDENCE DISABILITIES; AUTHORIZED ACTIVITIES.— 
"(1) IN GENERAL.—In carrying out this section, the 
Secretary shall support activities, consistent with the objectives 
described in subsection (a), to benefit children with high-
incidence disabilities, such as children with specific learning 
disabilities, speech or language impairment, or mental retarda-
tion. 
"(2) AUTHORIZED ACTIVITIES.—^Activities that may be car-
ried out under this subsection include the following: 
"(A) Activities undertaken by institutions of higher 
education, local educational agencies, and other local enti-
ties— 
"(i) to improve and reform their existing programs 
to prepare teachers and related services personnel— 
I l l STAT. 142 
PUBLIC LAW 105-17^JUNE 4, 1997 
"(I) to meet the diverse needs of children with 
disabihties for early intervention, educational, and 
transitional services; and 
"(II) to work collaboratively in regular class-
room settings; and 
"(ii) to incorporate best practices and research-
based knowledge about preparing personnel so they 
will have the knowledge and skills to improve edu-
cational results for children with disabilities. 
"(B) Activities incorporating innovative strategies to 
recruit and prepare teachers and other personnel to meet 
the needs of areas in which there are acute and persistent 
shortages of personnel. 
"(C) Developing career opportunities for paraprofes-
sionals to receive training as special education teachers, 
related services personnel, and early intervention person-
nel, including interdisciplinary training to enable them 
to improve early intervention, educational, and transitional 
results for children with disabilities. 
"(f) APPLICATIONS.— 
"(1) IN GENERAL.—^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 containing such information 
as the Secretary may require. 
"(2) IDENTIFIED STATE NEEDS.— 
"(A) 
REQUIREMENT TO ADDRESS IDENTIFIED NEEDS.— 
Any application under subsection (b), (c), or (e) shall include 
information demonstrating to the satisfaction of the Sec-
retary that the activities described in the application will 
address needs identified by the State or States the 
applicant proposes to serve. 
"(B) 
COOPERATION WITH STATE EDUCATIONAL AGEN-
CIES.—^Any applicant that is not a local educational agency 
or a State educational agency shall include information 
demonstrating to the satisfaction of the Secretary that 
the applicant and one or more State educational agencies 
have engaged in a cooperative effort to plan the project 
to which the application pertains, and will cooperate in 
carrying out and monitoring the project. 
"(3) ACCEPTANCE BY STATES OF PERSONNEL PREPARATION 
REQUIREMENTS.—^The Secretary may require applicants to 
provide letters from one or more States stating that the States— 
"(A) intend to accept successful completion of the pro-
posed personnel preparation program as meeting State 
personnel standards for serving children with disabilities 
or serving infants and toddlers with disabilities; and 
"(B) need personnel in the area or areas in which 
the applicant proposes to provide preparation, as identified 
in the States' comprehensive systems of personnel develop-
ment under parts B and C. 
"(g) SELECTION OF RECIPIENTS.— 
"(1) IMPACT OF PROJECT.—In selecting recipients under this 
section, the Secretary may consider the impact of the project 
proposed in the application in meeting the need for personnel 
identified by the States. 
PUBLIC LAW 105-17—JUNE 4, 1997 
111 STAT. 143 
"(2) 
REQUIREMENT ON APPLICANTS TO MEET STATE AND 
PROFESSIONAL STANDARDS.—The Secretary shall make grants Grants. 
under this section only to eligible applicants that meet State 
and professionally-recognized standards for the preparation of 
special education and related services personnel, if the purpose 
of the project is to assist personnel in obtaining degrees. 
"(3) PREFERENCES.—In selecting recipients under this 
section, the Secretary may— 
"(A) give preference to institutions of higher education 
that are educating regular education personnel to meet 
the needs of children with disabilities in integrated settings 
and educating special education personnel to work in 
collaboration with regular educators in integrated settings; 
and 
"(B) give preference to institutions of higher education 
that are successfully recruiting and preparing individuals 
with disabilities and individuals from groups that are 
underrepresented in the profession for which they are 
preparing individuals. 
"(h) SERVICE OBLIGATION.— 
"(1) IN GENERAL.—Each application for funds under sub-
sections (b) and (e), and to the extent appropriate subsection 
(d), shall include an assurance that the applicant will ensure 
that individuals who receive a scholarship under the proposed 
project will subsequently provide special education and related 
services to children with disabilities for a period of 2 years 
for every year for which assistance was received or repay all 
or part of the cost of that assistance, in accordance with regula-
tions issued by the Secretary. 
"(2) LEADERSHIP PREPARATION.—Each application for funds 
under subsection (c) shall include an assurance that the 
applicant will ensure that individuals who receive a scholarship 
under the proposed project will subsequently perform work 
related to their preparation for a period of 2 years for every 
year for which assistance was received or repay all or part 
of such costs, in accordance with regulations issued by the 
Secretary. 
"(i) SCHOLARSHIPS.—The Secretary may include funds for schol-
arships, with necessary stipends and allowances, in awards under 
subsections (b), (c), (d), and (e). 
"(j) 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 1998 through 2002. 
"SEC. 674. STUDIES AND EVALUATIONS. 
"(a) STUDIES AND EVALUATIONS.— 
"(1) IN GENERAL.—The Secretary shall, directly or through 
grants, contracts, or cooperative agreements, assess 
the 
progress in the implementation of this Act, including the 
effectiveness of State and local efforts to provide— 
"(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 substantial developmental delays if early 
intervention services were not provided to them. 
20 use 1474. 
Grants. 
Contracts. 
I l l STAT. 144 
PUBLIC LAW 105-17-JUNE 4, 1997 
"(2) AUTHORIZED ACTIVITIES.—In carrying out this sub-
section, the Secretary may support studies, evaluations, and 
assessments, including studies that— 
"(A) analyze measurable impact, outcomes, and results 
achieved by State educational agencies and local edu-
cational agencies through their activities to reform policies, 
procedures, and practices designed to improve educational 
and transitional services and results for children with 
disabilities; 
"(B) analyze State and local needs for professional 
development, 
parent 
training, and other 
appropriate 
activities that can reduce the need for disciplinary actions 
involving children with disabilities; 
"(C) assess educational and transitional services and 
results for children with disabilities from minority back-
grounds, including— 
"(i) data on— 
"(I) the number of minority children who are 
referred for special education evaluation; 
"(II) the number of minority children who are 
receiving special education and related services 
and their educational or other service placement; 
and 
"(III) the number of minority children who 
graduated from secondary and postsecondary edu-
cation programs; and 
"(ii) the performance of children with disabilities 
from minority backgrounds on State assessments and 
other performance indicators established for all stu-
dents; 
"(D) measure educational and transitional services and 
results of children with disabilities under this Act, includ-
ing longitudinal studies that— 
"(i) examine educational and transitional services 
and results for children with disabilities who are 3 
through 17 years of age and are receiving special edu-
cation and related services under this Act, using a 
national, representative sample of distinct age cohorts 
and disability categories; and 
"(ii) examine educational results, postsecondary 
placement, and employment status of individuals with 
disabilities, 18 through 21 years of age, who are 
receiving or have received special education and related 
services under this Act; and 
"(E) identify and report on the placement of children 
with disabilities by disability category. 
"(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 achiev-
ing its purposes; 
"(B) to provide information to the President, the 
Congress, the States, local educational agencies, and the 
public on how to implement the Act more effectively; and 
PUBLIC LAW 105-17^JUNE 4, 1997 
111 STAT. 145 
"(C) to provide the President and the Congress with 
information that will be useful in developing 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 
practitioners, 
local 
practitioners, parents of children with disabilities, individuals 
with disabilities, and other appropriate individuals. 
"(3) SCOPE OF ASSESSMENT.—^The national assessment shall 
examine how well schools, local educational agencies, States, 
other recipients of assistance under this Act, and the Secretary 
are achieving the purposes of this Act, including— 
"(A) improving the performance of children with 
disabilities in general scholastic activities and assessments 
as compared to nondisabled children; 
"(B) providing for the participation of children with 
disabilities in the general curriculum; 
"(C) helping children with disabilities make successful 
transitions from— 
"(i) early intervention services to preschool edu-
cation; 
"(ii) preschool education to elementary school; and 
"(iii) secondary school to adult life; 
"(D) placing and serving children with disabilities, 
including minority children, in the least restrictive environ-
ment appropriate; 
"(E) preventing children with disabilities, especially 
children with emotional disturbances and specific learning 
disabilities, from dropping out of school; 
"(F) addressing behavioral problems of children with 
disabilities as compared to nondisabled children; 
"(G) coordinating services provided under this Act with 
each other, with other educational and pupil services 
(including preschool services), and with health and social 
services funded from other sources; 
"(H) providing for the participation of parents of chil-
dren with disabilities in the education of their children; 
and 
"(I) resolving disagreements between education person-
nel and parents through activities such as mediation. 
"(4) INTERIM AND FINAL REPORTS.—The Secretary shall 
submit to the President and the Congress— 
"(A) an interim report that summarizes the preliminary 
findings of the assessment not later than October 1, 1999; 
and 
"(B) a final report of the findings of the assessment 
not later than October 1, 2001. 
"(c) ANNUAL REPORT.—The Secretary shall report annually to 
the Congress on— 
"(1) an analysis and summary of the data reported by 
the States and the Secretary of the Interior under section 
618; 
"(2) the results of activities conducted under subsection 
(a); 
"(3) the findings and determinations resulting from reviews 
of State implementation of this Act. 
I l l STAT. 146 
PUBLIC LAW 105-17—JUNE 4, 1997 
Grants. 
"(d) TECHNICAL ASSISTANCE TO LEAS.—The Secretary shall 
Contracts. 
provide directly, or through grants, contracts, or cooperative agree-
ments, technical assistance to local educational agencies to assist 
them in carrying out local capacity-building and improvement 
projects under section 611(f)(4) and other LEA systemic improve-
ment activities under this Act. 
"(e) RESERVATION FOR STUDIES AND TECHNICAL ASSISTANCE.— 
"(1) IN GENERAL.—Except as provided in paragraph (2) 
and notwithstanding any other provision of this Act, the Sec-
retary may reserve up to one-half of one percent of the amount 
appropriated under parts B and C for each fiscal year to carry 
out this section. 
"(2) MAXIMUM AMOUNT.—For the first fiscal year in which 
the amount described in paragraph (1) is at least $20,000,000, 
the maximum amount the Secretary may reserve under para-
graph (1) is $20,000,000. For each subsequent fiscal year, the 
maximum amount the Secretary may reserve under paragraph 
(1) is $20,000,000, increased by the cumulative rate of inflation 
since the fiscal year described in the previous sentence. 
"(3) 
USE 
OF 
MAXIMUM AMOUNT.—In any fiscal 
year 
described in paragraph (2) for which the Secretary reserves 
the maximum amount described in that paragraph, the 
Secretary shall use at least half of the reserved amount for 
activities under subsection (d). 
"Chapter 
2—Improving 
Early 
Intervention, 
Educational, 
and 
Transitional 
Services 
and 
Results for Children With Disabilities Through 
Coordinated Technical Assistance, Support, and 
Dissemination of Information 
20 use 148L 
"SEC. 681. FINDINGS AND PURPOSES. 
"(a) IN GENERAL.—The Congress finds as follows: 
"(1) National technical assistance, support, and dissemina-
tion activities are necessary to ensure that parts B and C 
are fully implemented and achieve quality early intervention, 
educational, and transitional results for children with disabil-
ities and their families. 
"(2) Parents, teachers, administrators, and related services 
personnel need technical assistance and information in a timely, 
coordinated, and accessible manner in order to improve early 
intervention, educational, and transitional services and results 
at the State and local levels for children with disabilities and 
their families. 
"(3) Parent training and information activities have taken 
on increased importance in efforts to assist parents of a child 
with a disability in dealing with the multiple pressures of 
rearing such a child and are of particular importance in— 
"(A) ensuring the involvement of such parents in 
planning and decisionmaking with respect to early inter-
vention, educational, and transitional services; 
"(B) achieving quality early intervention, educational, 
and transitional results for children with disabilities; 
"(C) providing such parents information on their rights 
and protections under this Act to ensure improved early 
PUBLIC LAW 105-17^JUNE 4, 1997 
111 STAT. 147 
intervention, educational, and transitional results for chil-
dren with disabilities; 
"(D) assisting such parents in the development of skills 
to participate effectively in the education and development 
of their children and in the transitions described in section 
674(b)(3)(C); and 
"(E) supporting the roles of such parents as partici-
pants within partnerships 
seeking to improve 
early 
intervention, educational, and transitional services and 
results for children with disabilities and their families. 
"(4) Providers of parent training and information activities 
need to ensure that such parents who have limited access 
to services and supports, due to economic, cultural, or linguistic 
barriers, are provided with access to appropriate parent train-
ing and information activities. 
"(5) Parents of children with disabilities need information 
that helps the parents to understand the rights and responsibil-
ities of their children under part B. 
"(6) The provision of coordinated technical assistance and 
dissemination of information to State and local agencies, 
institutions of higher education, and other providers of services 
to children with disabilities is essential in— 
"(A) supporting the process of achieving systemic 
change; 
"(B) supporting actions in areas of priority specific 
to the improvement of early interventicm, educational, and 
transitional results for children with disabilities; 
"(C) conveying information and assistance that are— 
"(i) based on current research (as of the date the 
information and assistance are conveyed); 
"(ii) accessible and meaningful for use in support-
ing systemic-change activities of State and local 
partnerships; and 
"(iii) linked directly to improving early interven-
tion, educational, and transitional services and results 
for children with disabilities and their families; and 
"(D) organizing systems and information networks for 
such information, based on modern technology related to— 
"(i) storing and gaining access to information; and 
"(ii) distributing information 
in a 
systematic 
manner to parents, students, professionals, and policy-
makers. 
"(7) Federal support for carrying out technology research, 
technology development, and educational media services and 
activities has resulted in major innovations that have signifi-
cantly 
improved 
early 
intervention, 
educational, 
and 
transitional services and results for children with disabilities 
and their families. 
"(8) Such Federal support is needed— 
"(A) to stimulate 
the 
development 
of 
software, 
interactive learning tools, and devices to address early 
intervention, educational, and transitional needs of children 
with disabilities who have certain disabilities; 
"(B) to make information available on technology 
research, technology development, and educational media 
I l l STAT. 148 
PUBLIC LAW 105-17^JUNE 4, 1997 
services and activities to individuals involved in the provi-
sion of early intervention, educational, and transitional 
services to children with disabilities; 
"(C) to promote the integration of technology into 
curricula to improve early intervention, educational, and 
transitional results for children with disabilities; 
"(D) to provide incentives for the development of tech-
nology and media devices and tools that are not readily 
found or available because of the small size of potential 
markets; 
"(E) to make resources available to pay for such devices 
and tools and educational media services and activities; 
"(F) to promote the training of personnel— 
"(i) to provide such devices, tools, services, and 
activities in a competent manner; and 
"(ii) to assist children with disabilities and their 
families in using such devices, tools, services, and 
activities; and 
"(G) to coordinate the provision of such devices, tools, 
services, and activities— 
"(i) among State human services programs; and 
"(ii) between such programs and private agencies. 
"(b) PURPOSES.—^The purposes of this chapter are to ensure 
that— 
"(1) children with disabilities, and their parents, receive 
training and information on their rights and protections under 
this Act, in order to develop the skills necessary to effectively 
participate in planning and decisionmaking relating to early 
intervention, educational, and transitional services and in sys-
temic-change activities; 
"(2) parents, teachers, administrators, early intervention 
personnel, related services personnel, and transition personnel 
receive coordinated and accessible technical assistance and 
information to assist such persons, through systemic-change 
activities and other efforts, to improve early intervention, edu-
cational, and transitional services and results for children with 
disabilities and their families; 
"(3) appropriate technology and media are researched, 
developed, demonstrated, and made available in timely and 
accessible formats to parents, teachers, and all types of person-
nel providing services to children with disabilities to support 
their roles as partners in the improvement and implementation 
of early intervention, educational, and transitional services and 
results for children with disabilities and their families; 
"(4) on reaching the age of majority under State law, 
children with disabilities understand their rights and respon-
sibilities under part B, if the State provides for the transfer 
of parental rights under section 615(m); and 
"(5) the general welfare of deaf and hard-of-hearing individ-
uals is promoted by— 
"(A) bringing to such individuals understanding and 
appreciation of the films and television programs that play 
an important part in the general and cultural advancement 
of hearing individuals; 
"(B) providing, through those films and television pro-
grams, enriched educational and cultural 
experiences 
PUBLIC LAW 1 0 5 - 1 7 - J U N E 4, 1997 
111 STAT. 149 
through which deaf and hard-of-hearing individuals can 
better understand the reahties of their environment; and 
"(C) providing wholesome and rewarding experiences 
that deaf and hard-of-hearing individuals may share. 
"SEC. 682. PARENT TRAIMNG AND INFORMATION CENTERS. 
20 USC 1482 
"(a) PROGRAM AUTHORIZED.—The Secretary may make 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 informa-
tion center that receives assistance under this section shall— 
"(1) provide training and information that meets the train-
ing and information 
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; 
"(2) assist parents to understand the availability of, and 
how to effectively use, procedural safeguards imder this Act, 
including encouraging the use, and explaining the benefits, 
of alternative methods of dispute resolution, such as the medi-
ation process described in section 615(e); 
"(3) serve the parents of infants, toddlers, and children 
with the full rsinge of disabilities; 
"(4) assist parents to— 
"(A) better understand the nature of their children's 
disabilities and their educational and developmental needs; 
"(B) communicate effectively with personnel respon-
sible for providing special education, early intervention, 
and related services; 
"(C) participate in decisionmaking processes and the 
development of individualized education programs under 
part B and individualized family service plans under part 
C; 
"(D) obtain appropriate information about the range 
of options, programs, services, and resources available to 
assist children with disabilities and their families; 
"(E) understand the provisions of this Act for the edu-
cation of, and the provision of early intervention services 
to, children with disabilities; and 
"(F) participate in school reform activities; 
"(5) in States where the State elects to contract with the 
parent training and information center, contract with State 
educational agencies to provide, consistent with subparagraphs 
(B) and (D) of section 615(e)(2), individuals who meet with 
parents to explain the mediation process to them; 
"(6) network with appropriate clearinghouses, including 
organizations 
conducting national 
dissemination 
activities 
under section 685(d), 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 
fiill range of disabilities; and 
"(7) annually report to the Secretary on— 
Reports. 
"(A) the number of parents to whom it provided 
information and training in the most recently concluded 
fiscal year; and 
I l l STAT. 150 
PUBLIC LAW 105-17-^UNE 4, 1997 
"(B) the effectiveness of strategies used to reach and 
serve parents, including underserved parents of children 
with disabilities. 
"(c) OPTIONAL ACTIVITIES.—^A parent training and information 
center that receives assistance under this section may— 
"(1) provide information to teachers and other professionals 
who provide special education and related services to children 
with disabilities; 
"(2) assist students with disabilities to understand their 
rights and responsibilities under section 615(m) on reaching 
the age of majority; and 
"(3) assist parents of children with disabilities to be 
informed participants in the development and implementation 
of the State's State improvement plan under subpart 1. 
"(d) APPLICATION REQUIREMENTS.—Each application for assist-
ance under this section shall identify with specificity the special 
efforts that the applicant will undertake— 
"(1) to ensure that the needs for training and information 
of underserved parents of children with disabilities in the area 
to be served are effectively met; and 
"(2) to work with community-based organizations. 
"(e) DISTRIBUTION OF FUNDS.— 
"(1) IN GENERAL.—^The Secretary shall make at least 1 
award to a parent organization in each State, unless the Sec-
retary does not receive an application from such an organization 
in each State of sufficient quality to warrant approval. 
"(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) REQUIREMENTS.— 
"(A) MEETINGS.—^The board of directors or special 
governing committee of each 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. 
"(B) ADVISING BOARD.—Each special governing commit-
tee shall directly advise the organization's governing board 
of its views and recommendations. 
"(2) 
CONTINUATION 
AWARD.—^When 
an 
organization 
requests a continuation award under this section, the board 
of directors or special governing committee shall submit to 
the Secretary 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 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; 
"(B) that includes— 
"(i) individuals working in the fields of special 
education, related services, and early intervention; and 
"(ii) individuals with disabilities; and 
PUBLIC LAW 105-17—JUNE 4, 1997 
111 STAT. 151 
"(C) the parent and professional members of which 
are broadly representative of the population to be served; 
or 
"(2) has— 
"(A) a membership that represents the interests of 
individuals with disabilities and has established a special 
governing committee that meets the requirements of para-
graph (1); and 
"(B) a memorandum of understanding between the spe-
cial governing committee and the board of directors of 
the organization that clearly outlines the relationship 
between the board and the committee and the decisionmak-
ing responsibilities and authority of each. 
"SEC. 683. COMMUNITY PARENT RESOURCE CENTERS. 
20 USC 1483. 
"(a) IN GENERAL.—The Secretary may make 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 underserved parents of children with 
disabilities, including low-income parents, parents of children with 
limited English proficiency, and parents with disabilities, have the 
training and information they need to enable them to participate 
effectively in helping their children with disabilities— 
"(1) to meet developmental goals and, to the maximum 
extent possible, those challenging standards that have been 
established for all children; and 
"(2) to be prepared to lead productive independent adult 
lives, to the maximum extent possible. 
"(b) REQUIRED ACTIVITIES.—Each parent training and informa-
tion center assisted under this section shall— 
"(1) provide training and information that meets the train-
ing and information needs of parents of children with disabil-
ities 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 (7) of 
section 682(b); 
"(3) establish cooperative partnerships with the parent 
training and information centers funded under section 682; 
and 
"(4) be designed to meet the specific needs of families 
who experience significant isolation from available sources of 
information and support. 
"(c) DEFINITION.—^As used is this section, the term 'local parent 
organization' means a parent organization, as defined in section 
682(g), that either— 
"(1) has a board of directors the majority of whom are 
from the community to be served; or 
"(2) has— 
"(A) as a part of its mission, serving the interests 
of individuals with disabilities from such community; and 
"(B) a special governing committee to administer the 
grant, contract, or cooperative agreement, a majority of 
the members of which are individuals from such commu-
nity. 
I l l STAT. 152 
PUBLIC LAW 1 0 5 - 1 7 - ^ U N E 4, 1997 
"SEC. 684. TECHNICAL ASSISTANCE FOR PARENT TRAINING AND 
INFORMATION CENTERS. 
"(a) IN GENERAL,—The Secretary may, directly or through 
awards to eHgible entities, provide technical assistance for develop-
ing, assisting, and coordinating parent training and information 
programs carried out by parent training and information centers 
receiving assistance under sections 682 and 683. 
"(b) AUTHORIZED ACTIVITIES.—The Secretary may provide tech-
nical assistance to a parent training and information center under 
this section in areas such as— 
"(1) effective coordination of parent training efforts; 
"(2) dissemination of information; 
"(3) evaluation by the center of itself; 
"(4) promotion of the use of technology, including assistive 
technology devices and assistive technology services; 
"(5) reaching underserved populations; 
"(6) including children with disabilities in general education 
programs; 
"(7) facilitation of transitions from— 
"(A) early intervention services to preschool; 
"(B) preschool to school; and 
"(C) secondary 
school to postsecondary 
environ-
ments; £ind 
"(8) promotion of alternative methods of dispute resolution. 
20 use 1485. 
"SEC. 686. COORDINATED TECHNICAL ASSISTANCE AND DISSEMINA-
TION. 
"(a) IN GENERAL.—The Secretary shall, by competitively making 
grants or entering into contracts and cooperative agreements with 
eligible entities, provide technical assistance and information, 
through such mechanisms as institutes, Regional Resource Centers, 
clearinghouses, and programs that support States £ind local entities 
in building capacity, to improve early intervention, educational, 
and transitional services and results for children with disabilities 
and their families, and address systemic-change goals and priorities. 
"(b) 
SYSTEMIC 
TECHNICAL 
ASSISTANCE; 
AUTHORIZED 
ACTIVITIES.— 
"(1) IN GENERAL.—In carrying out this section, the Sec-
retary shall carry out or support technical assistance activities, 
consistent with the objectives described in subsection (a), relat-
ing to systemic change. 
"(2) AUTHORIZED ACTIVITIES.—Activities that may be car-
ried out under this subsection include activities such as the 
following: 
"(A) Assisting States, local educational agencies, and 
other participants in partnerships established under sub-
part 1 with the process of planning systemic changes that 
will promote improved early intervention, educational, and 
transitional results for children with disabilities. 
"(B) Promoting chsmge through a multistate or regional 
framework that benefits States, local educational agencies, 
and other participsints in partnerships that are in the 
process of achieving systemic-change outcomes. 
"(C) Increasing the depth and utility of information 
in ongoing and emerging areas of priority need identified 
by States, local educational agencies, and other participants 
PUBLIC LAW 105-17^JUNE 4, 1997 
111 STAT. 153 
in partnerships that are in the process of achieving sys-
temic-change outcomes. 
"(D) 
Promoting 
communication 
and 
information 
exchange among States, local educational agencies, and 
other participants in partnerships, based on the needs and 
concerns identified by the participants in the partnerships, 
rather than on externally imposed criteria or topics, regard-
ing— 
"(i) the practices, procedures, and policies of the 
States, local educational agencies, and other partici-
pants in partnerships; and 
"(ii) accountability of the States, local educational 
agencies, and other participants in partnerships for 
improved early intervention, educational, and transi-
tional results for children with disabilities. 
"(c) 
SPECIALIZED 
TECHNICAL 
ASSISTANCE; 
AUTHORIZED 
ACTIVITIES.— 
"(1) IN GENERAL.—In carrying out this section, the Sec-
retary shall carry out or support activities, consistent with 
the objectives described in subsection (a), relating to areas 
of priority or specific populations. 
"(2) AUTHORIZED ACTIVITIES.—Examples of activities that 
may be carried out under this subsection include activities 
that— 
"(A) focus on specific areas of high-priority need that— 
"(i) are identified by States, local educational agen-
cies, and other participants in partnerships; 
"(ii) require the development of new knowledge, 
or the analysis and synthesis of substantial bodies 
of information not readily available to the States, agen-
cies, and other participants in partnerships; and 
"(iii) will contribute significantly to the improve-
ment of early intervention, educational, and transi-
tional services and results for children with disabilities 
and their families; 
"(B) focus on needs and issues that are specific to 
a population of children with disabilities, such as the provi-
sion of single-State and multi-State technical assistance 
and in-service training— 
"(i) to schools and agencies serving deaf-blind 
children and their families; and 
"(ii) to programs and agencies serving other groups 
of children with low-incidence disabilities and their 
families; or 
"(C) address the postsecondary education needs of 
individuals who are deaf or hard-of-hearing. 
"(d) 
NATIONAL 
INFORMATION 
DISSEMINATION; AUTHORIZED 
ACTIVITIES.— 
"(1) IN GENERAL.—In carrying out this section, the Sec-
retary shall carry out or support information dissemination 
activities that are consistent with the objectives described in 
subsection (a), including activities that address national needs 
for the preparation and dissemination of information relating 
to eliminating barriers to systemic-change and improving early 
intervention, educational, and transitional results for children 
with disabilities. 
I l l STAT. 154 
PUBLIC LAW 1 0 5 - 1 7 - J U N E 4, 1997 
"(2) AUTHORIZED ACTIVITIES.—Examples of activities that 
may be carried out under this subsection include activities 
relating to— 
"(A) infants and toddlers with disabilities and their 
families, and children with disabilities and their families; 
"(B) services for populations of children with low-
incidence disabilities, including deaf-blind children,, and 
targeted age groupings; 
"(C) the provision of postsecondary services to individ-
uals with disabilities; 
"(D) the need for and use of personnel to provide 
services to children with disabilities, and personnel recruit-
ment, retention, and preparation; 
"(E) issues that are of critical interest to State edu-
cational agencies and local educational agencies, other 
agency personnel, parents of children with disabilities, and 
individuals with disabilities; 
"(F) educational reform and systemic change within 
States; and 
"(G) promoting schools that are safe and conducive 
to learning 
"(3) LINKING STATES TO INFORMATION SOURCES.—In carry-
ing out this subsection, the Secretary may support projects 
that link States to technical assistance resources, including 
special education and general education resources, and may 
make research and related products available through libraries, 
electronic networks, parent training projects, 
and 
other 
information sources. 
"(e) APPLICATIONS.—^An 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 containing such information as the 
Secretary may require. 
20 use 1486. 
"SEC. 686. AUTHORIZATION OF APPROPRIATIONS. 
"There are authorized to be appropriated to carry out sections 
681 through 685 such sums as may be necessary for each of the 
fiscal years 1998 through 2002. 
20USC1487. 
"SEC. 687. TECHNOLOGY DEVELOPMENT, DEMONSTRATION, AND 
UTILIZATION; AND MEDIA SERVICES. 
Grants. 
"(a) IN GENERAL.—The Secretary shall competitively make 
Contracts. 
grants to, and enter into contracts and cooperative agreements 
with, eligible entities to support activities described in subsections 
(b) and (c). 
"(b) 
TECHNOLOGY 
DEVELOPMENT, 
DEMONSTRATION, 
AND 
UTILIZATION; AUTHORIZED ACTIVITIES.— 
"(1) IN GENERAL.—In carrying out this section, the Sec-
retary shall support activities to promote the development, 
demonstration, and utilization of technology. 
"(2) AUTHORIZED ACTIVITIES.—^Activities that may be car-
ried out under this subsection include activities such as the 
following: 
"(A) Conducting research and development activities 
on the use of innovative and emerging technologies for 
children with disabilities. 
"(B) Promoting the demonstration and use of innova-
tive and emerging technologies for children with disabilities 
PUBLIC LAW 1 0 5 - 1 7 - J U N E 4, 1997 
111 STAT. 155 
by improving and expanding the transfer of technology 
from research and development to practice. 
"(C) Providing technical assistance to recipients of 
other assistance under this section, concerning the develop-
ment of accessible, effective, and usable products. 
"(D) Communicating information on available tech-
nology and the uses of such technology to assist children 
with disabilities. 
"(E) Supporting the implementation of research pro-
grams on captioning or video description. 
"(F) Supporting research, development, and dissemina-
tion of technology with universal-design features, so that 
the technology is accessible to individuals with disabilities 
without further modification or adaptation. 
"(G) Demonstrating the use of publicly-funded tele-
communications systems to provide parents and teachers 
with information and training concerning early diagnosis 
of, intervention for, and effective teaching strategies for, 
young children with reading disabilities. 
"(c) EDUCATIONAL MEDIA SERVICES; AUTHORIZED ACTIVITIES.— 
In carrying out this section, the Secretary shall support— 
"(1) educational media activities that are designed to be 
of educational value to children with disabilities; 
"(2) providing video description, open captioning, or closed 
captioning of television programs, videos, or educational mate-
rials through September 30, 2001; and after fiscal year 2001, 
providing video description, open captioning, or closed caption-
ing of educational, news, and informational television, videos, 
or materials; 
"(3) distributing captioned and described videos or edu-
cational materials through such mechanisms as a loan service; 
"(4) 
providing 
free 
educational 
materials, 
including 
textbooks, in accessible media for visually impaired and print-
disabled students in elementary, secondary, postsecondary, and 
graduate schools; 
"(5) providing cultural experiences through appropriate 
nonprofit organizations, such as the National Theater of the 
Deaf, that— 
"(A) enrich the lives of deaf and hard-of-hearing 
children and adults; 
"(B) increase public awareness and understanding of 
deafness and of the artistic and intellectual achievements 
of deaf and hard-of-hearing persons; or 
"(C) promote the integration of hearing, deaf, and hard-
of-hearing persons through shared cultural, educational, 
and social experiences; and 
"(6) compiling and analyzing appropriate data relating to 
the activities described in paragraphs (1) through (5). 
"(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 containing 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 1998 through 2002.". 
Ill STAT„ 156 
PUBLIC LAW 105-17-JUNE 4, 1997 
TITLE II—MISCELLANEOUS 
PROVISIONS 
20 use 1400 
SEC. 201. EFFECTIVE DATES. 
"""^^ 
(a) PARTS A AND B.— 
(1) IN GENERAL.—Except as provided in paragraph (2), parts 
A and B of the Individuals with Disabilities Education Act, 
as amended by title I, shall take effect upon the enactment 
of this Act. 
(2) EXCEPTIONS,— 
(A) 
IN GENERAL.—Sections 
612(a)(4), 
612(a)(14), 
612(a)(16), 614(d) (except for paragraph (6)), and 618 of 
the 
Individuals 
with 
Disabilities 
Education 
Act, 
as 
amended by title I, shall take effect on July 1, 1998. 
(B) SECTION ei?.—Section 617 of the Individuals with 
Disabilities Education Act, as amended by title I, shall 
take effect on October 1, 1997. 
(C) 
INDIVIDUALIZED 
EDUCATION 
PROGRAMS 
AND 
COMPREHENSIVE SYSTEM OF PERSONNEL DEVELOPMENT.— 
Section 618 of the Individuals with Disabilities Education 
Act, as in effect on the day before the date of the enactment 
of this Act, and the provisions of parts A and B of the 
Individuals with Disabilities Education Act relating to 
individualized education programs and the State's com-
prehensive system of personnel development, as so in effect, 
shall remain in effect until July 1,1998. 
(D) SECTIONS eii AND 619.—Sections 611 and 619, as 
amended by title I, shall take effect beginning with funds 
appropriated for fiscal year 1998. 
20 use 1431 
(b) PART C.—Part C of the Individuals with Disabilities Edu-
note. 
cation Act, as amended by title I, shall take effect on July 1, 
1998. 
20 use 1451 
(c) PART D . — 
note. 
(1) i]sf GENERAL.—Except as provided in paragraph (2), part 
D of the Individuals with Disabilities Education Act, as 
amended by title I, shall take effect on October 1,1997. 
(2) EXCEPTION.—Paragraphs (1) and (2) of section 661(g) 
of the Individuals with Disabilities Education Act, as eunended 
by title I, shall take effect on January 1, 1998. 
20 use 1451 
SEC. 202. TRANSITION. 
Notwithstanding any other provision of law, beginning on Octo-
ber 1, 1997, the Secretary of Education may use funds appropriated 
under part D of the Individuals with Disabilities Education Act 
to make continuation awards for projects that were funded under 
section 618 and parts C through G of such Act (as in effect on 
September 30, 1997), 
PUBLIC LAW 105-17—JUNE 4, 1997 
111 STAT. 157 
SEC. 203. REPEALERS. 
Effective dates. 
(a) PART L—Effective October 1, 1998, part I of the Individuals 
with DisabiHties Education Act is hereby repealed. 
20 USC 1491 et 
(b) PART H.—Effective July 1, 1998, part H of such Act is se? 
hereby repealed. 
^^ ^SC 1471 et 
(c) PARTS C, E, F , AND G.—Effective October 1, 1997, parts 
'" 
C, E, F, and G of such Act are hereby repealed. 
20 USC 1421 et 
seq. 
Approved June 4, 1997. 
LEGISLATIVE HISTORY—H.R. 5 (S. 717): 
HOUSE REPORTS: No. 105-95 (Comm. on Education and the Workforce). 
CONGRESSIONAL RECORD, Vol. 143 (1997): 
May 13, considered and passed House. 
May 14, considered and passed Senate. 
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 33 (1997): 
June 4, Presidential remarks and statement.