Education of the Handicapped Act Amendments of 1983
PL 98-199 (S.1341), enacted 12/02/1983

PUBLIC LAW 98-199—DEC. 2, 1983 
97 STAT. 1357 
Public Law 98-199 
98th Congress 
An Act 
To revise and extend the Education of the Handicapped Act, and for other purposes. 
Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled, That this Act may 
be cited as the "Education of the Handicapped Act Amendments of 
1983". 
DEFINITIONS 
SEC. 2. Section 602 of the Education of the Handicapped Act 
(hereinafter in this Act referred to as "the Act") is amended— 
(1) in paragraph (1) by inserting "or language" after "speech"; 
(2) by striking out paragraph (2); 
(3) in paragraph (3) by inserting "the Education of after 
"Committee on"; 
(4) in paragraph (6) by amending such paragraph to read as 
follows: 
"(6) Thfe term 'State' means any of the several States, the 
District of Columbia, the Commonwealth of Puerto Rico, the 
Virgin Islands, Guam, American Samoa, the Northern Mariana 
Islands, or the Trust Territory of the Pacific Islands."; 
(5) in paragraph (14) by striking out "Health, Education, and 
Welfare" and inserting in lieu thereof "Ekiucation"; 
(6) by inserting "(a)" after "602"; and 
(7) by inserting at the end of such section a new subsection (b) 
as follows: 
"(b) For purposes of part C of this title, 'handicapped youth' 
means any handicapped child (as defined in section 602(aXl)) who— 
"(1) is twelve years of age or older; or 
"(2) is enrolled in the seventh or higher grade in school.". 
DESIGNATION OF THE AGENCY FOR SPECIAL EDUCATION 
SEC. 3. (a) Section 603 of the Act is amended to read as follows: 
Dec. 2, 1983 
[S. 1341] 
Education of the 
Handicapped 
Act Amend-
ments of 1983. 
20 u s e 1400 
note. 
20 u s e 1401. 
"Handicapped 
youth." 
20 u s e 1421. 
20 u s e 1402. 
OFFICE OF SPECIAL EDUCATION PROGRAMS 
"SEC. 603. (a) There shall be, within the Office of Special Educa-
tion and Rehabilitative Services in the Department of Education, an 
Office of Special Education Programs which shall be the principal 
agency in the Department for administering and carr5dng out this 
Act and other programs and activities concerning the education and 
training of the handicapped. 
"(bXl) The office established under subsection (a) shall be headed 
by a Deputy Assistant Secretary who shall be selected by the 
Secretary and shall report directly to the Assistant Secretary for 
Special Education and Rehabilitative Services. The position of 
Deputy Assistant Secretary shall be in grade GS-18 of the General 
Schedule under section 5104 of title 5, United States Code, and shall 
97 STAT. 1358 
PUBLIC LAW 98-199—DEC. 2, 1983 
be a Senior Executive Service position for the purposes of section 
5 use 3132. 
3132(aX2) of such title. 
"(2) In addition to such Deputy Assistant Secretary, there shall be 
established in such office not less than six positions for persons to 
assist the Deputy Assistant Secretary, including the position of the 
Associate Deputy Assistant Secretary. Each such position shall be in 
grade GS-15 of the General Schedule under section 5104 of title 5, 
United States Code.". 
20 use 1
4
0
0 et 
(b) The Act is amended by striking out "Commissioner" or "Com-
*^9- 
missioner's" wherever it appears and inserting in lieu thereof "Sec-
retary" or "Secretary's", respectively. 
20 u s e 1403. 
AMENDMENTS WITH RESPECT TO THE ADVISORY COMMITTEE ON THE 
EDUCATION OF HANDICAPPED CHILDREN AND YOUTH 
SEC. 4. Section 604 of the Act is amended to read as follows: 
Establishment. 
Review and 
recommendations. 
Annual report. 
Report to 
Congress. 
Appropriation 
authorization. 
NATIONAL ADVISORY COMMITTEE ON THE EDUCATION OF HANDICAPPED 
CHILDREN AND YOUTH 
"SEC 604. (a) The Secretary shall establish in the Department of 
Education a National Advisory Committee on the Education of 
Handicapped Children and Youth, consisting of fifteen members, 
appointed by the Secretary. Not less than five such members shall 
be parents of handicapped children and the remainder shall be 
handicapped persons (including students), persons affiliated with 
education, training, or research programs for the handicapped, and 
those having demonstrated a commitment to the education of handi-
capped children. 
'(b) The Advisory Committee shall review the administration and 
operation of the programs authorized by this Act and other provi-
sions of law administered by the Secretary with respect to handi-
capped children (including the effect of such programs in improving 
the educational attainment of such children) and make recommen-
dations for the improvement of such programs. Such recommenda-
tions shall take into consideration experience gained under this and 
other Federal programs for handicapped children and, to the extent 
appropriate, experience gained under other public and private pro-
grams for handicapped children. The Advisory Committee may 
make such recommendations to the Secretary as the Committee 
considers appropriate and shall make an annual report of its 
findings and recommendations to the Secretary not later than June 
30 of each year. The Secretary shall transmit each such report, 
together with comments and recommendations, to the Congress. 
(c) There are authorized to be appropriated for the purposes of 
this section $200,000 for fiscal year 1984, and for each of the two 
succeeding fiscal years.". 
20 u s e 1406. 
AMENDMENTS WITH RESPECT TO GRANTS FOR THE REMOVAL OF 
ARCHITECTURAL BARRIERS 
SEC 5. Section 607 of the Act is amended to read as follows: 
GRANTS FOR THE REMOVAL OF ARCHITECTURAL BARRIERS 
"SEC 607. (a) The Secretary is authorized to make grants and to 
enter into cooperative agreements with State educational agencies 
PUBLIC LAW 98-199—DEC. 2, 1983 
97 STAT. 1359 
to assist such agencies in making grants to local educational agen-
cies or intermediate educational units to pay part or all of the cost of 
altering existing buildings and equipment in accordance with stand-
ards promulgated under the Act approved August 12, 1968 (Public 
Law 90-480), relating to architectural barriers. 
"Ot)) For the purposes of carrying out the provisions of this section, 
there are authorized to be appropriated such sums as may be 
necessary.". 
42 use 
4151-4157. 
Appropriation 
authorization. 
REQUIREMENTS FOR PRESCRIBED REGULATIONS 
SEC. 6. The Act is amended by inserting after section 607 
following new section: 
the 
REQUIREMENTS FOR PRESCRIBING REGULATIONS 
"SEC. 608. (a) For purposes of complying with section 431(b) of the 
General Education Provisions Act with respect to regulations pro-
mulgated under part B of this Act, the thirty-day period under such 
section shall be ninety days. 
"(b) The Secretary may not implement, or publish in final form, 
any regulation prescribed pursuant to this Act which would proce-
durally or substantively lessen the protections provided to handi-
capped children under this Act, as embodied in regulations in effect 
on July 20, 1983 (particularly as such protections relate to parental 
consent to initial evaluation or initial placement in special educa-
tion, least restrictive environment, related services, timelines, at-
tendance of evaluation personnel at lEP meetings, or qualifications 
of personnel), except to the extent that such regulation reflects the 
clear and unequivocal intent of the Congress in legislation. 
"(c) The Secretary shall transmit a copy of any regulations pro-
mulgated under this Act to the National Advisory Committee on the 
Education of the Handicapped concurrently with publication in the 
Federal Register.". 
20 u s e 1407. 
20 u s e 1232. 
20 u s e 1411. 
Transmittal to 
Committee. 
Publication in 
Federal 
Register. 
PARTICIPATION OF HANDICAPPED CHILDREN IN PRIVATE SCHOOLS 
SEC. 7. Section 613 of the Act is amended by inserting at the end of 20 use 1413. 
such section the following new subsection: 
"(d)(1) If, on the date of enactment of the Education of the Waiver. 
Handicapped Act Amendments of 1983, a State educational agency ^"^^^ P 1357. 
is prohibited by law from providing for the participation in special 
programs of handicapped children enrolled in private elementary 
and secondary schools as required by subsection (aX4), the Secretary 
shall waive such requirement, and shall arrange for the provision of 
services to such children through arrangements which shall be 
subject to the requirements of subsection (aX4). 
"(2)(A) When the Secretary arranges for services pursuant to this Payments, 
subsection, the Secretary, after consultation with the appropriate 
public and private school officials, shall pay to the provider of such 
services an amount per child which may not exceed the Federal 
amount provided per child under this part to all handicapped 
children enrolled in the State for services for the fiscal year preced-
ing the fiscal year for which the determination is made. 
'(B) Pending final resolution of any investigation or complaint Withholding of 
that could result in a determination under this subsection, the avocation. 
Secretary may withhold from the allocation of the affected State 
97 STAT. 1360 
PUBLIC LAW 98-199—DEC. 2, 1983 
Petition. 
Judgment, 
review. 
educational agency the amount the Secretary estimates would be 
necessary to pay the cost of such services. 
"(C) Any determination by the Secretary under this section shall 
continue in effect until the Secretary determines that there will no 
longer be any failure or inability on the part of the State educa-
tional agency to meet the requirements of subsection (a)(4). 
"(3)(A) 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 his designee to show cause why such action 
should not be taken. 
"(B) If a State educational agency is dissatisfied with the Secre-
tary's final action after a proceeding under subparagraph (A) of this 
paragraph, it may, within 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 thereupon shall file in the court the 
record of the proceedings on which he based his action, as provided 
in section 2112 of title 28, United States Code. 
"(C) The findings of fact by the Secretary, if supported by substan-
tial evidence, shall be conclusive; but the court, for good cause 
shown, may remand the case to the Secretary to take further 
evidence, and the Secretary may thereupon make new or modified 
findings of fact and may modify his previous action, and shall file in 
the court the record of the further proceedings. Such new or modi-
fied findings of fact shall likewise be conclusive if supported by 
substantial evidence. 
"(D) Upon the filing of a petition under subparagraph (B), 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. 
20 u s e 1418. 
AMENDMENTS RELATING TO EVALUATION 
SEC. 8. Section 618 of the Act is amended to read as follows: 
Programs and 
projects, data 
collection. 
EVALUATION 
"SEC. 618. (a) The Secretary shall directly or by grant, contract, or 
cooperative agreement, collect data and conduct studies, investiga-
tions, and evaluations— 
"(1) to assess progress in the implementation of this Act, the 
impact, and the effectiveness of State and local efforts to pro-
vide free appropriate public education to all handicapped chil-
dren and youth; and 
"(2) to provide Congress with information relevant to policy-
making and provide Federal, State, and local educational 
agencies with information relevant to program management, 
administration, 
and 
effectiveness 
with 
respect 
to 
such 
education. 
"
O
t
>
) In carrying out the responsibilities under this section, the 
Secretary, on at least an annual basis, shall obtain data concerning 
programs and projects assisted under this Act, and under other 
PUBLIC LAW 98-199—DEC. 2, 1983 
97 STAT. 1361 
Federal laws relating to the education of handicapped children and 
youth, and such additional information, from State and local educa-
tional agencies and other appropriate sources, as is necessary for the 
implementation of this Act including— 
"(1) the number of handicapped children and youth in each 
State receiving a free appropriate public education (special 
education and related services) by disability category and by age 
group (3-5, 6-11,12-17, and 18-21); 
"(2) the number of handicapped children and youth in each 
State who are participating in regular educational programs, by 
disability category (consistent with the requirements of section 
612(5XB) and section 614(aXlXCXiv)), and the number of handi-
capped children and youth in separate classes, separate schools 
or facilities, or public or private residential facilities, or who 
have been otherwise removed from the regular education 
environment; 
"(3) the number of handicapped children and youth exiting 
the educational system each year through program completion 
or otherwise, by disability category and age, and anticipated 
services for the next year; 
"(4) the amount of Federal, State, and local funds expended in 
each State specifically for special education and related services 
(which may be based upon a sampling of data from State 
agencies including State and local educational agencies); 
"(5) the number and type of personnel that are employed in 
the provision of special education and related services to handi-
capped children and youth by disability category served, and 
the estimated number and t3q)e of additional personnel by 
disability category needed to adequately carry out the policy 
established by this Act; and 
"(6) a description of the special education and related services 
needed to fully implement the Act throughout each State, 
including estimates of the number of handicapped children and 
youth within each disability by age group (3-5, 6-11,12-17, and 
18-21) in need of improved services and the type of programs 
and services in need of improvement. 
"(c) The Secretary shall, by grant, contract, or cooperative agree-
ment, provide for evaluation studies to determine the impact of this 
Act. Each such evsduation shall include recommendations for 
improvement of the programs under this Act. The Secretary shall, 
not later than July 1 of each year, submit to the appropriate 
committees of each House of the Congress and publish in the Federal 
Register proposed evsduation priorities for review and comment. 
"(dXD The Secretary is authorized to enter into cooperative agree-
ments with State educational agencies to carry out studies to assess 
the impact and effectiveness of programs assisted under the Act. 
"(2) Such agreements shall— 
"(A) provide for the payment of not to exceed 60 per centum 
of the total cost of studies conducted by a participating State 
educational agency to assess the impact and effectiveness of 
programs assisted under the Act; and 
"(B) be developed in consultation with the State Advisory 
Panel established under this Act, the local educational agencies, 
and others involved in or concerned with the education of 
handicapped children and youth. 
20 u s e 1412, 
1414. 
Studies. 
Recommenda-
tions. 
Submittal to 
congressional 
committees. 
Publication in 
Federal 
Register. 
Agreements. 
97 STAT. 1362 
PUBLIC LAW 98-199—DEC. 2, 1983 
Information 
dissemination. 
Studies 
Report. 
Transmittal to 
Congress and 
Committee. 
20 u s e 1411. 
Post, pp. 
1363-1372; 
20 u s e 1451. 
"(3) The Secretary shall provide technical assistance to participat-
ing State educational agencies in the implementation of the study 
design, analysis, and reporting procedures. 
"(4) In addition, the Secretary shall disseminate information from 
such studies to State educational agencies, and as appropriate, 
others involved in, or concerned with the education of handicapped 
children and youth. 
"(eXD At least one study shall be a longitudinal study of a sample 
of handicapped students, encompassing the full range of handicap-
ping conditions, examining their educational progress while in spe-
cial education and their occupational, educational, and independent 
living status after graduating from secondary school or otherwise 
leaving special education. 
"(2) At least one study shall focus on obtaining and compiling 
current information available through State educational agencies 
and local educational agencies and other service providers, regard-
ing State and local expenditures for educational services for handi-
capped students (including special education and related services), 
and gather information needed in order to calculiate a range of per 
pupil expenditures by handicapping condition. 
"(fXD Not later than one hundred and twenty days after the close 
of each fiscal year, the Secretary shall publish and disseminate an 
annual report on the progress being made toward the provision of a 
free appropriate public education to all handicapped children and 
youth. The annual report is to be trgmsmitted to the appropriate 
committees of each House of Congress and the National Advisory 
Committee on the Education of Handicapped Children and Youth, 
and published and disseminated in sufficient quantities to the edu-
cation community at large and to other interested parties. 
"(2) The Secretary shall include in each annual report— 
"(A) an index and summary of each evaluation activity and 
results of studies conducted under subsection (c); 
"(B) a compilation and analysis of data gathered under sub-
section (b); 
"(C) a description of findings and determinations resulting 
from monitoring reviews of State implementation of part B of 
this Act; 
"(D) an analysis and evaluation of the participation of handi-
capped children and youth in vocationsd education programs 
and services; 
"(E) an analysis and evaluation of the effectiveness of proce-
dures undertaken by each State educational eigency, local edu-
cational agency, and intermediate educational unit to ensure 
that handicapped children and youth receive special education 
and related services in the least restrictive environment com-
mensurate with their needs and to improve programs of instruc-
tion for handicapped children and youth in day or residential 
facilities; and 
"(F) any recommendations for change in the provisions of this 
Act or any other Federal law providing support for the educa-
tion of handicapped children and youth. 
"(3) In the annual report for fiscal year 1985 (published in 1986) 
and for every third year thereafter, the Secretary shall include in 
the annual report— 
"(A) an index of all current projects funded under parts C 
through F of this Act; and 
PUBLIC LAW 98-199—DEC. 2, 1983 
97 STAT. 1363 
"(B) data reported under sections 621, 622, 623, 627, 634, 641, 
and 653. 
"(g) There are authorized to be appropriated $3,100,000 for fiscal 
year 1984, $3,270,000 for fiscal year 1985, and $3,440,000 for fiscal 
year 1986 to carry out the provisions of this section.". 
Infra; post, pp. 
1364, 1365, 1368, 
1372; 20 USC 
1453. 
Appropriations 
authorization. 
AMENDMENTS RELATING TO PRESCHOOL INCENTIVE GRANTS 
SEC. 9. Section 619(c) of the Act is amended by inserting ", and for 20 use 1419. 
providing special education and related services for handicapped 
children from birth to three years of age" immediately before the 
period. 
AMENDMENTS CONCERNING CENTERS AND SERVICES TO MEET SPECIAL 
NEEDS OF THE HANDICAPPED 
SEC. 10. Part C of the Act is amended to read as follows: 
"PART C—CENTERS AND SERVICES TO MEET SPECIAL NEEDS OF THE 
HANDICAPPED 
REGIONAL RESOURCE CENTERS 
"SEC. 621. (a) The Secretary is authorized to make grants to, or to 
enter into contracts or cooperative agreements with, institutions of 
higher education, private nonprofit organizations. State educational 
agencies, or combinations of such agencies and institutions (which 
combinations may include one or more local educational agencies) 
within particular regions of the United States, to pay all or part oif 
the cost of the establishment and operation of regional resource 
centers. Each regional resource center shall provide consultation, 
technical assistance, and training to State educational agencies and 
through such State agencies to local educational agencies. Each 
center established or operated under this section shall— 
"(1) assist in identifying and solving persistent problems in 
providing quality special education and related services for 
handicapped children and youth; 
"(2) assist in developing, identif3dng, and replicating success-
ful programs and practices which will improve special education 
and related services to handicapped children and youth and 
their families; 
"(3) gather and disseminate information to all State educa-
tional agencies within the region and coordinate activities with 
other centers assisted under this section and other relevant 
projects conducted by the Department of Education; and 
"(4) eissist in the improvement of information dissemination 
to and training activities for professioneds and parents of handi-
capped children. 
"(b) In determining whether to approve an application for a 
project under this section, the Secretary shall consider the need for 
such a center in the region to be served by the applicant and the 
capability of the applicant to fulfill the responsibilities under sub-
section (a). 
"(c) Each regional resource center shall report a summaiy of 
materials produced or developed and this information shall be 
included in the annual report to Congress required under section 
618. 
Operational 
costs. 
20 USC 1421. 
Report to 
Congress. 
Ante, p. 1360. 
97 STAT. 1364 
PUBLIC LAW 98-199—DEC. 2, 1983 
Grants, 
cooperative 
agreements or 
contracts. 
20 u s e 1422. 
Report to 
Secretary. 
20 u s e 1411. 
20 u s e 2771. 
SERVICES FOR DEAF-BUND CHILDREN AND YOUTH 
"SEC. 622. (aXD The Secretary is authorized to make grants to, or 
to enter into cooperative agreements or contracts with, public or 
nonprofit private agencies, institutions, or organizations to assist 
State educational agencies to— 
"(A) assure deaf-blind children and youth provision of special 
education and related services as well as vocational and transi-
tional services; and 
"(B) make available to deaf-blind youth upon attaining the 
age of twenty-two, programs and services to facilitate their 
transition from educational to other services. 
"(2) A grant, cooperative agreement, or contract pursuant to 
paragraph (IXA) may be made only for programs providing (A) 
technical assistance to agencies, institutions, or organizations 
providing educational services to deaf-blind children or youth; (B) 
preservice or inservice training to paraprofessionals, professionals, 
or related services personnel preparing to serve, or serving, deaf-
blind children or youth; (C) replication of successful innovative 
approaches to providing educational or related services to deaf-blind 
children and youth; and (D) facilitation of parental involvement in 
the education of their deaf-blind children and youth. Such programs 
may include— 
"(i) the diagnosis and educational evaluation of children and 
youth at risk of being certified deaf-blind; 
"(ii) programs of adjustment, education, and orientation for 
deaf-blind children and youth; and 
"(iii) consultative, counseling, and training services for the 
families of deaf-blind children and youth. 
"(3) A grant, cooperative agreement, or contract pursuant to 
paragraph (IXB) may be made only for programs providing (A) 
technical assistance to agencies, institutions, and organizations serv-
ing, or proposing to serve, deaf-blind individuals who have attained 
age twenty-two years; (B) training or inservice training to parapro-
fessionals or professionals serving, or preparing to serve, such indi-
viduals; and (C) assistance in the development or replication of 
successful innovative approaches to providing rehabilitative, semi-
supervised, or independent living programs. 
'(4) In carrying out this subsection, the Secretary shall take into 
consideration the need for a center for deaf-blind children and youth 
in light of the general availability and quality of existing services 
for such children and youth in the part of the country involved. 
"(b) The Secretary is also authorized to enter into a limited 
number of cooperative agreements or contracts to establish and 
support regional programs for the provision of technical assistance 
in the education of deaf-blind children and youth. 
"(cXD Programs supported under this section shall report 
annually to the Secretary on (A) the numbers of deaf-blind children 
and youth served by age, severity, and nature of deaf-blindness; (B) 
the number of paraprofessionals, professionals, and family members 
directly served by each activity; and (C) the types of services 
provided. 
"(2) The Secretary shall examine the number of deaf-blind chil-
dren and youth (A) reported under subparagraph (c)(lXA) and by the 
States; (B) served by the programs under part B of this Act and 
subpart 2 of part B, title I, of the Elementary and Secondary 
Education Act of 1965 (as modified by chapter 1 of the Education 
PUBLIC LAW 98-199—DEC. 2, 1983 
97 STAT. 1365 
Consolidation and Improvement Act of 1981); and (C) the Deaf-Blind 
Registry of each State. The Secretary shall revise the count of deaf-
blind children and youth to reflect the most accurate count. 
"(3) The Secretary shall summarize these data for submission in 
the annual report required under section 618. 
"(d) The Secretary shall disseminate materials and information 
concerning effective practices in working with deaf-blind children 
and youth. 
20 u s e 3801. 
Report. 
Ante, p. 1360. 
EARLY EDUCATION FOR HANDICAPPED CHILDREN 
Contract, grant, 
or cooperative 
agreement. 
20 u s e 1423. 
"SEC. 623. (aXl) The Secretary is authorized to arrange by con-
tract, grant, or cooperative agreement with appropriate public agen-
cies and private nonprofit organizations, for the development and 
operation of programs of experimental preschool and early educa-
tion for handicapped children which the Secretary determines show 
promise of promoting a comprehensive and strengthened approach 
to the special problems of such children. Such programs shedl 
include activities and services designed to (1) facilitate the intellec-
tual, emotional, physical, mental, social, and language development 
of such children; (2) encourage the participation of the parents of 
such children in the development and operation of any such pro-
gram; and (3) acquaint the community to be served by any such 
program with the problems and potentialities of such children. 
"(2) Programs authorized by this subsection shall be coordinated 
with similar programs in the schools operated or supported by State 
or local educational agencies of the community to be served. 
"(3) As much as is feasible, such programs shall be geographically 
dispersed throughout the Nation in urban as well as rural areas. 
' (4) No arrangement pursuant to this subsection shall provide for Payment. 
the pa3nnent of more than 90 per centum of the total annual 
costs of development, operation, and evaluation of any program. 
Non-Federal contributions may be in cash or in kind, fairly evaluat-
ed, including, but not limited to, plant, equipment, and services. 
"(5) For purposes of this subsection the term 'handicapped chil-
dren' includes children from birth through eight years of age. 
"(bXD Subject to paragraph (2), the Secretary is authorized to 
make a grant to each State through the State educational agency or 
other State agency to assist such State agency in planning, develop-
ing, and implementing a comprehensive delivery system for the 
provision of special education and related services to handicapped 
children from birth through five years of age. 
"(2) The Secretary shall make one of the following types of grants Types of grants 
(authorized under paragraph (1)) to any State which submits an 
application which meets the requirements of this subsection: 
"(A) PLANNING GRANT.—A grant for a maximum of two years 
for the purpose of assessing needs within the State and estab-
lishing a procedure and design for the development of a State 
plan which includes parent participation and training of profes-
sionals and others. 
"(B) DEVELOPMENT GRANT.—A grant for a maximum of three 
years for the purpose of developing a comprehensive State plan, 
and gaining approval of this plan from the State Board of 
Education, the Commissioner of Education, or other designated 
official of the appropriate State agency. 
"(C) IMPLEMENTATION GRANT.—A grant for a maximum of 
three years for the purpose of implementing and evaluating 
"Handicapped 
children.' 
97 STAT. 1366 
PUBLIC LAW 98-199—DEC. 2, 1983 
Application 
submittal. 
20 u s e 1412. 
20 u s e 1419. 
Ante, p. 1360. 
Special 
education and 
services, status. 
the comprehensive State plan. A State must apply for annual 
renewal of such grant. 
"(3) Each State educational agency or other State agency desiring 
to receive a grant under this subsection shall submit an application 
at such time, in such manner, and accompanied by such information 
as the Secretary considers necessary. Each such application shall 
contain assurances and evidence that: 
"(A) The State agency receiving the grant will coordinate 
with other appropriate State agencies (including the State edu-
cational agency) in carrying out the grant. 
"(B) The State plan will address the special education and 
related service needs of all handicapped children from birth 
through five years of age with special emphasis on children who 
are often not identified and children who are not now served. 
"(C) The State plan will be closely coordinated with child-find 
efforts under section 612(2XC) and with preschool incentive 
grant activities under section 619 of this Act. 
"(4) The Secretary shall include in the annual report under 
section 618 of this Act the following: 
"(A) The States and State agencies receiving grants under 
this subsection and the t5rpes of grants received. 
"(B) A description of the activities in each State being under-
taken through grants under this subsection. 
"(C) Beginning in 1986, in consultation with the National 
Council for the Handicapped and the National Advisory Com-
mittee on the Education of Handicapped Children and Youth, a 
description of the status of special education and related serv-
ices to hsmdicapped children from birth through five years of 
age (including those receiving services through Head Start, 
Developmental Disabilities Program, Crippled Children's Serv-
ices, Mental Health/Mental Retardation Agency, and State 
child-development centers and private agencies under contract 
with local schools). 
"(cXl) Not less than 30 per centum of the funds made available in 
any year for the purposes of this section may be used for purposes of 
subsection (b). 
"(2) Not less than 10 per centum of the funds made available in 
any year for the purposes of subsection (b) shall be available for the 
provision of training and technical assistance to States preparing to 
receive or receiving grants under this section. 
Grants, 
contracts, or 
cooperative 
agreements. 
20 u s e 1424. 
RESEARCH, INNOVATION, TRAINING, AND DISSEMINATION ACTIVITIES 
IN CONNECTION WITH CENTERS AND SERVICES FOR THE HANDICAPPED 
"SEC. 624. (a) The Secretary is authorized to make grants to, or to 
enter into contracts or cooperative agreements with such organiza-
tions or institutions, as are determined by the Secretary to be 
appropriate, consistent with the purposes of this part, for— 
"(1) research to identify and meet the full range of special 
needs of handicapped children and youth; 
"(2) the development or demonstration of new, or improve-
ments in existing, methods, approaches, or techniques which 
would contribute to the adjustment and education of handi-
capped children and youth; 
"(3) training of personnel for programs specifically designed 
for handicapped children; and 
PUBLIC LAW 98-199—DEC. 2, 1983 
97 STAT. 1367 
"(4) dissemination of materials and information about prac-
tices found effective in working with such children and youth. 
"(b) In making grants and contracts under this section, the Secre-
tary shall ensure that the activities funded under such grants and 
contracts will be coordinated with similar activities funded from 
grants and contracts under other sections of this Act. 
"(c) In carrying out the provisions of this section the Secretary is 
authorized to address the needs of the severely handicapped. 
POSTSECONDARY EDUCATION PROGRAMS 
"SEC. 625. (aXl) The Secretary is authorized to make gr£ints to or 
enter into contracts with State educational agencies, institutions of 
higher education, junior and community colleges, vocational and 
technical institutions, and other appropriate nonprofit educational 
agencies for the development, operation, and dissemination of spe-
cially designed model programs of postsecondary, vocational, techni-
cal, continuing, or adult education for handicapped individuals. 
"(2) In making grants or contracts on a competitive basis under 
this section, the Secretary shall give priority consideration to the 
four regional centers for the deaf and to model programs for individ-
uals with handicapping conditions other than deafness— 
"(A) for developing and adapting programs of postsecondary, 
vocational, technical, continuing, or adult education to meet the 
special needs of handicapped individuals; and 
"(B) for programs that coordinate, facilitate, and encourage 
education of handicapped individuals with their nonhandi-
capped peers. 
"(3) Of the sums made available for programs under this section, 
not less than $2,000,000 shall first be available for the four regional 
centers for the deaf. 
"(b) For the purposes of this section the term 'handicapped indi-
viduals' means individuals who are mentally retarded, hard of 
hearing, deaf, speech or language impaired, visually handicapped, 
seriously emotionally disturbed, orthopedically impaired, or other 
health impaired individuals, or individuals with specific learning 
disabilities who by reason thereof require special education and 
related services. 
Grants or 
contracts. 
20 u s e 1424a. 
"Handicapped 
individuals." 
SECONDARY EDUCATION AND TRANSITIONAL SERVICES FOR 
HANDICAPPED YOUTH 
"SEC. 626. (a) The Secretary is authorized to make grants to, or 
enter into contracts with, institutions of higher education. State 
educational agencies, local educational agencies, or other appropri-
ate public and private nonprofit institutions or agencies (including 
the State job training coordinating councils and service delivery 
area administrative entities established under the Job Training 
Partnership Act (Public Law 97-300)) to— 
"(1) strengthen and coordinate education, training, and relat-
ed services for handicapped youth to assist in the transitional 
process to postsecondary education, vocational training, compet-
itive emplo3ntnent, continuing education, or adult services; and 
"(2) stimulate the improvement and development of programs 
for secondary special education. 
"(b) Projects assisted under this section may include— 
Grants or 
contracts. 
20 u s e 1425. 
29 u s e 1501 
note. 
97 STAT. 1368 
PUBLIC LAW 98-199—DEC. 2, 1983 
"(1) developing strategies and techniques for transition to 
independent living, vocational training, postsecondary educa-
tion, and competitive employment for handicapped youth; 
"(2) establishing demonstration models for services and pro-
grams which emphasize vocational training, transitional serv-
ices, and placement for handicapped youth; 
"(3) conducting demographic studies which provide informa-
tion on the numbers, age levels, types of handicapping condi-
tions, and services required for handicapped youth in need of 
transitional programs; 
"(4) specially designed vocational programs to increase the 
potential for competitive employment for handicapped youth; 
"(5) research and development projects for exemplary service 
delivery models and the replication and dissemination of 
successful models; 
"(6) initiating cooperative models between educational agen-
cies and adult service agencies, including vocational rehabilita-
tion, mental health, mental retardation, public employment, 
and employers, which facilitate the planning and developing of 
transitional services for handicapped youth to postsecondary 
education, vocational training, employment, continuing educa-
tion, and adult services; and 
"(7) developing appropriate procedures for evaluating voca-
tional training, placement, and transitional services for handi-
capped youth. 
"(c) For purposes of subsections (bXD and (bX2), if an applicant is 
not an educational agency, such applicant shall coordinate with the 
State educational agency. 
"(d) Projects funded under this section shall to the extent appro-
priate provide for the direct participation of handicapped students 
and the parents of handicapped students in the planning, develop-
ment, and implementation of such projects. 
"(e) The Secretary, as appropriate, shall coordinate programs 
described under this section with projects developed under section 
29 use 777a. 
311 of the Rehabilitation Act of 1973. 
"PROGRAM EVALUATIONS 
20 use 1426. 
"SEC. 627. The Secretary shall conduct, either directly or by 
contract, a thorough and continuing evaluation of the effectiveness 
Submittal to 
of each program assisted under this part. Results of the evaluations 
Congress. 
shall be analyzed and submitted to the appropriate committees of 
each House of Congress together with the annual report under 
Ante, p. 1360. 
section 618. 
"AUTHORIZATION OF APPROPRIATIONS 
20 use 1427. 
"SEC. 628. (a) There are authorized to be appropriated to carry out 
Ante, p. 1363. 
the provisions of section 621, $5,700,000 for fiscal year 1984, 
$6,000,000 for fiscal year 1985, and $6,300,000 for fiscal year 1986. 
"(b) There are authorized to be appropriated to carry out the 
Ante, p. 1364. 
provisions of section 622, $15,000,000 for fiscal year 1984, and for 
each of the two succeeding fiscal years. 
"(c) There are authorized to be appropriated to carry out the 
Ante, p. 1365. 
provisions of section 623, $26,000,000 for fiscal year 1984, $27,100,000 
for fiscal year 1985, and $28,300,000 for fiscal year 1986. 
"(d) There are authorized to be appropriated to carry out the 
Ante, p. 1366. 
provisions of subsection (c) of section 624, $5,000,000 for fiscal year 
PUBLIC LAW 98-199—DEC. 2, 1983 
97 STAT. 1369 
1984, $5,300,000 for fiscal year 1985, and $5,600,000 for fiscal year 
1986. 
"(e) There are authorized to be appropriated to carry out the 
provisions of section 625, $5,000,000 for fiscal year 1984, $5,300,000 Ante, p. 1367. 
for fiscal year 1985, and $5,500,000 for fiscal year 1986. 
"(f) There are authorized to be appropriated to carry out the 
provisions of section 626, $6,000,000 for fiscal year 1984, $6,330,000 Ante, p. 1367. 
for fiscal year 1985, and $6,660,000 for fiscal year 1986.". 
AMENDMENTS CONCERNING TRAINING PERSONNEL FOR THE EDUCATION 
OF THE HANDICAPPED 
SEC. 11. Part D of the Act is amended to read as follows: 
"PART D—TRAINING PERSONNEL FOR THE EDUCATION OF THE 
HANDICAPPED 
"GRANTS FOR PERSONNEL TRAINING 
"SEC. 631. (aXD The Secretary is authorized to make grants, which 20 use 1431. 
may include scholarships with necessary stipends and allowances, to 
institutions of higher education (including the university-affiliated 
facilities program under the Rehabilitation Act of 1973 and the 29 use 701 note. 
satellite network of the developmental disabilities program) and 
other appropriate nonprofit agencies to assist them in training 
personnel for careers in special education including— 
"(A) special education teaching, including speech, language, 
and hearing impaired, and adaptive physical education; 
"(B) related services to handicapped children and youth in 
educationgil settings; 
"(C) special education supervision and administration; 
"(D) special education research; and 
"(E) training of special education personnel and other person-
nel providing special services. 
"(2) The Secretary shall ensure that grants awarded to applicant 
institutions and agencies under this subsection meet State and 
professionally recognized standards for the training of special educa-
tion and related services personnel. 
"(3) Grants under this subsection may be used by such institutions 
to assist in covering the cost of courses of training or study for such 
personnel and for establishing and maintaining fellowships or train-
eeships with such stipends and allowances as may be determined by 
the Secretary. 
"(4) The Secretary in carrying out the purposes of this subsection 
may reserve a sum not to exceed 5 per centum of the amount 
available for this subsection in each fiscal year for contracts to 
prepare personnel in areas where shortages exist, when a response 
to that need has not been adequately addressed by the grant process. 
"(b) The Secretary is authorized to make grants to institutions of 
higher education and other appropriate nonprofit agencies to con-
duct special projects to develop and demonstrate new approaches for 
the preservice training purposes set forth in subsection (a), for 
regular educators, and for the inservice training of special education 
personnel, including classroom aides, related services personnel, and 
regular education personnel who serve handicapped children. 
'(c)(1) The Secretary is authorized to make grants through a 
separate competition to private nonprofit organizations for the pur-
97 STAT. 1370 
PUBLIC LAW 98-199—DEC. 2, 1983 
Quarterly 
review. 
Review, 
submittal to 
Secretary. 
pose of providing training and information to parents of handi-
capped children and volunteers who work with parents to enable 
such individuals to participate more effectively with professionals in 
meeting the educational needs of handicapped children. Such grants 
shall be designed to meet the unique training and information needs 
of parents of handicapped children, including those who are mem-
bers of groups that have been traditionally underrepresented, living 
in the area to be served by the grant. 
"(2) In order to receive a grant under this subsection a private 
nonprofit organization shall— 
"(A) be governed by a board of directors on which a majority 
of the members are parents of handicapped children and which 
includes members who are professionals in the field of special 
education and related services who serve handicapped children 
and youth; or if the nonprofit private organization does not have 
such a board, such organization shall have a membership which 
represents the interests of individuals with handicapping condi-
tions, and shall establish a special governing committee on 
which a majority of the members are parents of hemdicapped 
children and which includes members who are professionals in 
the fields of special education and related services, to operate 
the training and information program under this subsection; 
"(B) serve the parents of children with the full range of 
handicapping conditions under such grant program; and 
"(C) demonstrate the capacity and expertise to conduct effec-
tively the training and information activities authorized under 
this subsection. 
"(3) The board of directors or special governing committee of a 
private nonprofit organization receiving a grant under this subsec-
tion shall meet at least once in each calendar quarter to review such 
parent training and information activities, and each such committee 
shall advise the governing board directly of its views and recommen-
dations. Whenever a private nonprofit organization requests the 
renewal of a grant under this subsection, the board of directors or 
the special governing committee shall submit to the Secretary a 
written review of the parent training and information program 
conducted by that private nonprofit organization during the preced-
ing fiscal year. 
"(4) The Secretary shall ensure that grants under this subsection 
will— 
"(A) be distributed geographically to the greatest extent possi-
ble throughout all the States; and 
"(B) be targeted to parents of handicapped children in both 
urban and rural areas, or on a State, or regional basis. 
"(5) Parent training and information programs assisted under this 
subsection shall assist parents to— 
"(A) better understand the nature and needs of the handicap-
ping conditions of their child; 
"(B) provide foUowup support for their handicapped child's 
educational programs; 
"(C) communicate more effectively with special and regular 
educators, administrators, related services personnel, and other 
relevant professionals; 
"(D) participate in educational decisionmaking processes in-
cluding the development of their handicapped child's individ-
ualized educational program; 
PUBLIC LAW 98-199—DEC. 2, 1983 
97 STAT. 1371 
"(E) obtain information about the programs, services, and 
resources available to their handicapped child, and the degree 
to which the programs, services, and resources are appropriate; 
and 
"(F) understand the provisions for the education of handi-
capped children as specified under part B of this Act. 
20 USC 1411. 
"(6) Each private nonprofit organization operating a program 
receiving assistance under this subsection shall consult with appro-
priate agencies which serve or assist handicapped children and 
youth and are located in the jurisdictions served by the program. 
"(7) The Secretary shall provide technical assistance, by grant or 
contract, for establishing, developing, and coordinating parent train-
ing and information programs. 
"GRANTS TO STATE EDUCATIONAL AGENCIES FOR TRAINEESHIPS 
"SEC. 632. The Secretary shall make grants to State educational 
20 use 1432. 
agencies to assist them in establishing and maintaining, directly or 
through grants to institutions of higher education, programs for the 
preservice and inservice training of teachers of handicapped chil-
dren, or supervisors of such teachers. 
"GRANTS TO IMPROVE RECRUITMENT OF EDUCATIONAL PERSONNEL AND 
DISSEMINATION OF INFORMATION CONCERNING EDUCATIONAL OPPOR-
TUNITIES FOR THE HANDICAPPED 
"SEC. 633. (a) The Secretary is authorized to make a grant to or 20 use 1433. 
enter into a contract with a public agency or a nonprofit private 
organization or institution for a national clearinghouse on the 
education of the handicapped and to make grants or contracts with 
a public agency or a nonprofit private organization or institution for 
other support projects which may be deemed necessary by the 
Secretary to achieve the following objectives: 
"(1) to disseminate information and provide technical assist-
ance on a national basis to parents, professionals, and other 
interested parties concerning— 
"(A) programs relating to the education of the handi-
capped under this Act and under other Federal laws; and 
(B) participation in such programs, including referral of 
individuals to appropriate national, State, and local agen-
cies and organizations for further assistance; 
"(2) to encourage students and professional personnel to seek 
and obtain careers and employment in the various fields relat-
ing to the education of handicapped children and youth; and 
'(3) to provide information on available services and pro-
grams in postsecondary education for the handicapped. 
"(b) In aiddition to the clearinghouse established under subsection 
(a), the Secretary shall make a grant or enter into a contract for a 
national clearinghouse on postsecondary education for handicapped 
individuals for the purpose of providing information on available 
services and programs in postsecondary education for the handi-
capped. 
"(c)(1) In awarding the grants and contracts under this section, the 
Secretary shall give particular attention to any demonstrated expe-
rience at the national level relevant to performance of the functions 
established in this section, and ability to conduct such projects, 
communicate with the intended consumers of information, and 
97 STAT. 1372 
PUBLIC LAW 98-199—DEC. 2, 1983 
maintain the necessary communication with other agencies and 
organizations. 
"(2) The Secretary is authorized to make contracts with profit-
making organizations under this section only when necessary for 
materials or media access. 
"REPORTS TO THE SECRETARY 
20 use 1434. 
"SEC. 634. (a) Not more than sixty days after the end of any fiscal 
year, each recipient of a grant or contract under this part during 
such fiscal year shall prepare and submit a report to the Secretary. 
Each such report shall be in such form and detail as the Secretary 
determines to be appropriate, and shall include— 
"(1) the number of individuals trained under the grant or 
contract, by category of training and level of training; and 
"(2) the number of individuals trained under the grant or 
contract receiving degrees and certification, by category and 
level of training. 
"(b) A summary of the data required by this section shall be 
included in the annual report of the Secretary under section 618 of 
Ante, p. 1360. 
this Act. 
"AUTHORIZATION OF APPROPRIATIONS 
20 use 1435. 
"SEC. 635. (a) There are authorized to be appropriated to carry out 
Ante, p. 1371. 
the provisions of this part (other than section 633) $58,000,000 for 
fiscal year 1984, $61,150,000 for fiscal year 1985, and $64,370,000 for 
fiscal year 1986. There are authorized to be appropriated to carry 
out the provisions of section 633, $1,000,000 for fiscal year 1984, 
$1,050,000 for fiscal year 1985, and $1,110,000 for fiscal year 1986. 
"Ot)) Of the funds appropriated pursuant to subsection (a) for any 
fiscal year, the Secretary shall reserve 10 per centum for activities 
Ante, p. 1369. 
under section 631(c).". 
AMENDMENTS RELATED TO RESEARCH IN THE EDUCATION OF THE 
HANDICAPPED 
SEC. 12. Part E of the Act is amended to read as follows: 
"PART E—RESEARCH IN THE EDUCATION OF THE HANDICAPPED 
Grants, 
contracts, or 
cooperative 
agreements. 
20 u s e 1441. 
RESEARCH AND DEMONSTRATION PROJECTS IN EDUCATION OF 
HANDICAPPED CHILDREN 
"SEC. 641. (a) The Secretary is authorized to make grants to, or 
enter into contracts or cooperative agreements with. State and local 
educational agencies, institutions of higher education, and other 
public agencies and nonprofit private organizations for research and 
related activities, to assist special education personnel, related serv-
ices personnel, and other appropriate persons, including parents, in 
improving the education and related services for handicapped chil-
dren and youth and to conduct research, surveys, or demonstrations 
relating to the education of handicapped children and youth. 
Research and related activities shall be designed to increase knowl-
edge and understanding of handicapping conditions and teaching, 
learning, and education-related practices and services for handi-
capped children and youth. Research and related activities assisted 
under this section shall include, but not be limited to, the following: 
PUBLIC LAW 98-199—DEC. 2, 1983 
97 STAT. 1373 
"(1) The development of new and improved techniques and 
devices for teaching handicapped children and youth. 
"(2) The development of curricula which meet the unique 
educational needs of handicapped children and youth. 
"(3) The application of new technologies and knowledge for 
the purpose of improving the instruction of handicapped chil-
dren and youth. 
"(4) The development of program models and exemplary prac-
tices in areas of special education. 
"(5) The dissemination of information on research and related 
activities conducted under this part to interested individuals 
and organizations. 
"(b) In carrying out this section the Secretary shall consider the 
special education experience of the applicant and the ability of the 
applicant to disseminate the findings of any grant or contract. 
"(c) The Secretary shall publish proposed research priorities in 
the Federal Register every two years, not later than July 1, and 
shall allow a period of sixty days for public comments and sugges-
tions. After analyzing and considering the public comments, the 
Secretary shall publish final research priorities in the Federal 
Register not later than thirty days after the close of the comment 
period. 
"(d) The Secretary shall provide an index (including the title of 
each research project and the name and address of the researching 
organization) of all research projects conducted in the prior fiscal 
year in the annual report described under section 618. The Secre-
tary shall make reporte of research projects available to the educa-
tion community at large and to other interested parties. 
"(e) The Secretary shall coordinate the research priorities estab-
lished under this section with research priorities established by the 
National Institute of Handicapped Research and shall provide infor-
mation concerning research priorities established under this section 
to the National Council on the Handicapped and to the National 
Advisory Committee on the Education of Handicapped Children. 
Publications in 
Federal 
Register. 
Public comments 
and suggestions. 
Index. 
Ante, p. 1360. 
Public 
availability. 
RESEARCH AND DEMONSTRATION PROJECTS IN PHYSICAL EDUCATION 
AND RECREATION FOR HANDICAPPED CHILDREN 
"SEC. 642. The Secretary is authorized to make grants to States, 
State or local educational agencies, institutions of higher education, 
and other public or nonprofit private educational or research 
agencies and organizations, and to make contracts with States, State 
or local educational agencies, institutions of higher education, and 
other public or private educational or research agencies and organi-
zations, for research and related purposes relating to physical educa-
tion or recreation for handicapped children, and to conduct 
research, surveys, or demonstrations relating to physical education 
or recreation for handicapped children. 
Grants and 
contracts. 
20 u s e 1442. 
PANELS OF EXPERTS 
"SEC. 643. The Secretary shall from time to time appoint panels of 20 use 1443 
experts who are competent to evaluate various types of proposals for 
projects under parts C, D, E, and F, and shall secure the advice and 
recommendations of one such panel before making any grant or 
contract under parts C, D, E, and F of this Act. The panels shall be 
composed of— 
Ante, pp. 
1363-1372; 
20 u s e 1451. 
97 STAT. 1374 
PUBLIC LAW 98-199—DEC. 2, 1983 
"(1) individuals from the field of special education for the 
handicapped and other relevant disciplines who have significant 
expertise and experience in the content areas and age levels 
addressed in the proposals; and 
"(2) handicapped individuals and parents of handicapped indi-
viduals when appropriate. 
"AUTHORIZATION OF APPROPRIATIONS 
20 use 1444. 
"SEC. 644. For purposes of carrying out this part, there are 
authorized to be appropriated $20,000,000 for fiscal year 1984, 
$21,100,000 for fiscal year 1985, and $22,200,000 for fiscal year 
1986.". 
AUTHORIZATION OF APPROPRIATIONS FOR INSTRUCTIONAL MEDIA 
20 use 1454. 
SEC. 13. Section 654 of the Act is amended to read as follows: 
"AUTHORIZATION OF APPROPRIATIONS 
"SEC. 654. For the purposes of carrying out this part, there are 
authorized to be appropriated $19,000,000 for fiscal year 1984, 
$20,000,000 for fiscal year 1985, and $21,100,000 for fiscal year 
1986.". 
REPEALERS 
20 use 1461. 
SEC. 14. Part G of the Act is repealed. 
TECHNICAL AND CONFORMING AMENDMENTS 
20 use 1411. 
SEC. 15. Section 611(e) and section 611(a)(2) of the Act are amended 
by inserting "the Northern Mariana Islands," after "the Virgin 
Islands,". 
AMENDMENTS TO THE OMNIBUS BUDGET RECONCIUATION ACT OF 1981 
SEC. 16. (a) Section 602(aXl) of the Omnibus Budget Reconciliation 
20 use 1411 
Act of 1981 is amended by striking out "each of the fiscal years 1983 
"°*®- 
and 1984" and inserting in lieu thereof "the fiscal year 1983, and 
$1,071,850,000 for the fiscal year 1984". 
20 use 101 note. 
(b) Section 605 of such Act is amended by striking out ", 1983, and 
1984" and inserting in lieu thereof "and 1983, and $5,500,000 for 
fiscal year 1984". 
95 Stat. 485. 
(c) Section 605(b) of such Act is amended by striking out ", 1983, 
and 1984" and inserting in lieu thereof "and 1983, and $56,000,000 
for the fiscal year 1984". 
20 use 681 note. 
(d) Section 605(c) of such Act is amended by striking out ", 1983, 
and 1984" and inserting in lieu thereof "and 1983, and $28,000,000 
for the fiscal year 1984". 
SPECIAL STUDY ON TERMINOLOGY 
SEC. 17. (a)(1) The Secretary of Education shall either directly or 
by grant or contract, conduct a review and evaluation of the term 
"behaviorally disordered" as the use of such term relates to handi-
capped children, as defined in section 602(aXl) of the Education of 
Ante, p. 1357. 
the Handicapped Act. 
PUBLIC LAW 98-199—DEC. 2, 1983 
97 STAT. 1375 
(2) The review and evaluation under this section shall involve the 
active participation of the parents of handicapped children. 
(bXl) Not later than six months after the date of the enactment of 
this Act, the Secretary shall submit to the Congress, for referral to 
the Committee on Education and Labor of the House of Repre-
sentatives and the Committee on Labor and Human Resources of 
the Senate, a report of the review and evaluation required by this 
section, together with a detailed proposal for any legislation 
necessary to implement the recommendations of such review and 
evaluation. 
(2) The report required under paragraph (1) shall include— 
(A) the number of seriously emotionally disturbed children 
currently being served under the EJducation of the Handicapped 
Act, and the anticipated number of children and youth (by type 
of condition) in special and regular education who would be 
served under the Education of the Handicapped Act if the 
definition is changed; 
(B) how the population of children currently served under 
such Act as "seriously emotionally disturbed" may be changed 
(particularly in terms of the severity of disability) if the term 
"behaviorally disordered" is substituted for the term "seriously 
emotionally disturbed"; 
(C) how a change in terminology will impact on the identifica-
tion, assessment, types of special education and related services 
provided, and the availability of such services, if the change in 
terminology is made; 
(D) how the settings in which special education and related 
services are provided may change if the change in terminology 
is made; 
(E) how the change in terminology may affect the attitudes of, 
and the relationships among, parents, professionals, and chil-
dren and youth; 
(F) how the change in terminology will impact upon the 
training of professional personnel providing services under such 
Act; and 
(G) a number of examples of seriously emotionally disturbed 
children who are currently effectively and ineffectively served. 
(c) The Secretary is authorized to use funds appropriated for 
purposes of part E of the Education of the Handicapped Act to carry 
out the purposes of this section. 
SEC. 18. (a) Except as provided in subsection (b), the provisions of 
this Act shall take effect on the date of enactment of this Act. 
(bXl) To the extent that the amendments made by this Act to 
parts C, D, E, and G of the Education of the Handicapped Act 
prohibit or limit the use of funds, such amendments shall apply only 
to funds obligated after the date of enactment of this Act. 
Report to 
Congress. 
Contents. 
20 u s e 1400. 
Ante, p. 1372. 
Effective date. 
20 u s e 1401 
note. 
Ante, pp. 
1363-1374. 
97 STAT. 1376 
PUBLIC LAW 98-199—DEC. 2, 1983 
(2) As determined necessary by the Secretary of Education for 
purposes of providing services under the Education of the Handi-
20 use 1400. 
capped Act pending the issuance of regulations implementing the 
amendments made by this Act, the Secretary shall provide financial 
Ante, pp. 
assistance under parts C, D, E, and G of the Act as in effect on the 
1363-1374. 
^^y before the date of enactment of this Act until issuance of such 
regulations or March 1,1984, whichever is earlier. 
AUTHORIZATION OF APPROPRIATIONS FOR STATE GRANTS UNDER THE 
REHABILITATION ACT OF 1973 
SEC. 19. (a) For the purpose of making State grants under part B of 
29 use 730. 
section 100(b)(1) of the Rehabilitation Act of 1973 (hereinafter in this 
29 use 720. 
section referred to as "the Act") $1,037,800,000 are authorized to be 
appropriated for fiscal year 1984, and the amount determined under 
section 100(c) of the Act for each of the fiscal years 1985 and 1986. 
(bXD There are also authorized to be appropriated for the purpose 
of section 100(b)(1) of the Act such additional sums as may be 
necessary for each of the fiscal years 1984, 1985, and 1986. Any 
amount appropriated pursuant to this subparagraph shall be allo-
cated in accordance with paragraph (2). 
(2) For any fiscal year for which an amount is appropriated 
pursuant to paragraph (1), each State shall receive an additional 
allocation which bears the same ratio to the additional amount 
29 use 730. 
appropriated as that State's allotment under section 110 of the Act 
bears to the total amount allotted pursuant to such section. 
AUTHORIZATIONS OF APPROPRIATIONS FOR DISCRETIONARY PROGRAMS 
UNDER THE REHABIUTATION ACT OF 1973 
SEC. 20. (a) For the purpose of allotments under section 112 of the 
29 use 732. 
Rehabilitation Act of 1973 (hereinafter in this section referred to as 
"the Act") there are authorized to be appropriated $3,500,000 for 
fiscal year 1984. 
(b) For the purpose of making grants to Indian tribes under part D 
29 use 750. 
of title I of the Act, there are authorized to be appropriated for fiscal 
year 1984 such sums as may be necessary, not to exceed 1 percent of 
29 use 720. 
the amount appropriated pursuant to section 100(b)(1) of the Act. 
29 use 761. 
(c) For the purposes of section 201(a)(2) of the Act there are 
authorized to be appropriated $36,000,000 for fiscal year 1984. 
29 use 774. 
(d) For the purposes of section 304 of the Act there are authorized 
to be appropriated $22,000,000 for fiscal year 1984. 
29 use 777. 
(e) For the purposes of section 310(a) of the Act there are author-
ized to be appropriated $12,900,000 for fiscal year 1984. 
29 use 777c. 
(f) For the purpose of section 313(e) of the Act there are authorized 
to be appropriated $3,700,000 for fiscal year 1984. 
29 use 777f. 
(g) For the purposes of section 316 of the Act there are authorized 
to be appropriated $2,000,000 for fiscal year 1984. 
PUBLIC LAW 98-199—DEC. 2, 1983 
97 STAT. 1377 
(h) For the purposes of section 502 of the Act there are authorized 29 use 792. 
to be appropriated $3,000,000 for fiscal year 1984. 
(i) For the purposes of section 621 of the Act there are authorized 29 use 795g. 
to be appropriated $13,000,000 for fiscal year 1984. 
0) For the purposes of section 731 (the second place it appears) in 
the Act, $21,000,000 is authorized to be appropriated for fiscal year 29 use 796i. 
1984. 
Approved December 2, 1983. 
LEGISLATIVE HISTORY—S. 1341 (H.R. 3435): 
HOUSE REPORT No. 98-410 accompanying H.R. 3435 (Comm. on Education and 
Labor). 
SENATE REPORT No. 98-191 (Comm. on Labor and Human Resources). 
CONGRESSIONAL RECORD, Vol. 129 (1983): 
June 27, considered and passed Senate. 
Nov. 17, H.R. 3435 considered and passed House; S. 1341, amended, passed in 
lieu. 
Nov. 18, Senate concurred in House amendment. 
1 1 - 1 9 4 0 - 8 5 
— 45 : QL 3