Education of the Handicapped Amendments of 1986
PL 99-457 (S.2294), enacted 10/08/1986

PUBLIC LAW 99-457—OCT. 8, 1986 
100 STAT. 1145 
Public Law 99-457 
99th Congress 
An Act 
To amend the Education of the Handicapped Act to reauthorize the discretionary 
programs under that Act, to authorize an early intervention program under that 
Act for handicapped infants and toddlers and their families, 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; REFERENCE. 
(a) SHORT TITLE.—This Act may be cited as the "Education of the 
Handicapped Act Amendments of 1986". 
(b) REFERENCE.—References in this Act to "the Act" are references 
to the Education of the Handicapped Act. 
TITLE I—HANDICAPPED INFANTS AND TODDLERS 
SEC. 101. ADDITION OF A NEW PART RELATING TO HANDICAPPED 
INFANTS AND TODDLERS. 
(a) AMENDMENT.—The Act is amended by inserting after the part 
added by section 316 the following new part: 
"PART H—HANDICAPPED INFANTS AND TODDLERS 
Oct. 8, 1986 
[S. 2294] 
Education of the 
Handicapped 
Act 
Amendments of 
1986. 
Contracts. 
Grants. 
20 u s e 1400 
note. 
20 u s e 1400. 
FINDINGS AND POLICY 
"SEC. 671. (a) FINDINGS.—The Congress finds that there is an 20 use 1471. 
urgent and substantial need— 
"(1) to enhance the development of handicapped infants and 
toddlers and to minimize their potential for developmental 
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 handicapped infants and tod-
dlers reach school age, 
"(3) to minimize the likelihood of institutionalization of handi-
capped individuals and maximize the potential for their 
independent living in society, and 
"(4) to enhance the capacity of families to meet the special 
needs of their infants and toddlers with handicaps. 
"(b) POLICY.—It is therefore the policy of the United States to State and local 
provide financial assistance to States— 
governments. 
"(1) to develop and implement a statewide, comprehensive, 
coordinated, multidisciplinary, interagency program of early 
intervention services for handicapped infants and toddlers and 
their families, 
" 
"(2) to facilitate the coordination of payment for early inter-
vention services from Federal, State, local, and private sources 
(including public and private insurance coverage), and 
"(3) to enhance its capacity to provide quality early interven-
tion services and expand and improve existing early interven-
100 STAT. 1146 
PUBLIC LAW 99-457—OCT. 8, 1986 
tioo services being provided to handicapped infants, toddlers, 
and their famiUes. 
"DEFINITIONS 
20 use 1472. 
"SEC. 672. As used in this p a r t -
ed) The term 'handicapped infants and toddlers' means 
individuals from birth to age 2, inclusive, who need early inter-
vention services because they— 
"(A) are experiencing developmental delays, as measured 
by appropriate diagnostic instruments and procedures in 
one or more of the following areas: Cognitive development,, 
physical development, language and speech development,, 
psychosocial development, or self-help skills, or 
"(B) have a diagnosed physical or mental condition which 
has a high probability of resulting in developmental delay. 
Such term may also include, at a State's discretion, individuals 
from birth to age 2, inclusive, who are at risk of having substan-
tial developmental delays if early intervention services are not 
provided. 
"(2) 'Early intervention services' are developmental services 
which— 
"(A) are provided under public supervision, 
"(B) are provided at no cost except where Federal or State 
law provides for a system of payments by families, includ-
ing a schedule of sliding fees, 
(C) are designed to meet a handicapped infant's or tod-
dler's developmental needs in any one or more of the 
following areas: 
"(i) physical development, 
"(ii) cognitive development, 
"(iii) language and speech development, 
"(iv) psycho-social development, or 
"(v) self-help skills, 
"(D) meet the standards of the State, including the 
requirements of this part, 
'^(E) include— 
"(i) family training, counseling, and home visits, 
"(ii) special instruction, 
"(iii) speech pathology and audiology, 
"(iv) occupational therapy, 
"(v) physical therapy, 
"(vi) psychological services, 
"(vii) case management services, 
"(viii) medical services only for diagnostic or evalua-
tion purposes, 
"(ix) early identification, screening, and assessment 
services, and 
"(x) health services necessary to enable the infant or 
toddler to benefit from the other early intervention 
services, 
"(F) are provided by qualified personnel, including— 
"(i) special educators, 
"(ii) 
speech 
and 
language 
pathologists 
and 
audiologists, 
"(iii) occupational therapists, 
"(iv) physical therapists, 
"(v) psychologists, 
PUBLIC LAW 99-457—OCT. 8, 1986 
100 STAT. 1147 
"(vi) social workers, 
"(vii) nurses, and 
"(viii) nutritionists, and 
"(G) are provided in conformity with an individualized 
family service plan adopted in accordance with section 677. 
"(3) The term 'developmental delay' has the meaning given 
such term by a State under section 676(b)(1). 
"(4) The term 'Council' means the State Interagency Coordi-
nating Council established under section 682. 
GENERAL AUTHORITY 
"SEC. 673. The Secretary shall, in accordance with this part, make 
grants to States (from their allocations under section 684) to assist 
each State to develop a statewide, comprehensive, coordinated, 
multidisciplinary, interagency system to provide early intervention 
services for handicapped infants and toddlers and their families. 
State and local 
governments. 
Grants. 
20 use 1473. 
GENERAL ELIGIBIUTY 
"SEC. 674. In order to be eligible for a grant under section 673 for 
any fiscal year, a State shall demonstrate to the Secretary (in its 
application under section 678) that the State has established a State 
Interagency Coordinating Council which meets the requirements of 
section 682. 
"CONTINUING ELIGIBILITY 
"SEC. 675. (a) FIRST TWO YEARS.—In order to be eligible for a grant 
under section 673 for the first or second year of a State's participa-
tion under this part, a State shall include in its application under 
section 678 for that year assurances that funds received under 
section 673 shall be used to assist the State to plan, develop, and 
implement the statewide system required by section 676. 
"(b) THIRD AND FOURTH YEAR.—(1) In order to be eligible for a 
grant under section 673 for the third or fourth year of a State's 
participation under this part, a State shall include in its application 
under section 678 for that year information and assurances dem-
onstrating to the satisfaction of the Secretary that— 
"(A) the State has adopted a policy which incorporates all of 
the components of a statewide system in accordance with sec-
tion 676 or obtained a waiver from the Secretary under para-
graph (2), 
"(B) funds shall be used to plan, develop, and implement the 
statewide system required by section 676, and 
"(C) such statewide system will be in effect no later than the 
beginning of the fourth year of the State's participation under 
section 673, except that with respect to section 676(b)(4), a State 
need only conduct multidisciplinary assessments, develop 
individualized family service plans, and make available case 
management services. 
"(2) Notwithstanding paragraph (1), the Secretary may permit a 
State to continue to receive assistance under section 673 during such 
third year even if the State has not adopted the policy required by 
paragraph (IXA) before receiving assistance if the State dem-
onstrates in its application— 
"(A) that the State has made a good faith effort to adopt such 
a policy, 
State and local 
governments. 
Grants. 
20 use 1474. 
State and local 
governments. 
Grants. 
20 use 1475. 
100 STAT. 1148 
PUBLIC LAW 99-457—OCT. 8, 1986 
"(B) the reasons why it was unable to meet the timeline and 
the steps remaining before such a policy will be adopted, and 
"(C) an assurance that the policy will be adopted and go into 
effect before the fourth year of such assistance. 
"(c) FIFTH AND SUCCEEDING YEARS.—In order to be eligible for a 
grant under section 673 for a fifth and any succeeding year of a 
State's participation under this part, a State shall include in its 
application under section 678 for that year information and assur-
ances demonstrating to the satisfaction of the Secretary that the 
State has in effect the statewide system required by section 676 and 
a description of services to be provided under section 676(b)(2). 
"(d) EXCEPTION.—Notwithstanding subsections (a) and (b), a State 
which has in effect a State law, enacted before September 1, 1986, 
that requires the provision of free appropriate public education to 
handicapped children from birth through age 2, inclusive, shall be 
eligible for a grant under section 673 for the first through fourth 
years of a State's participation under this part. 
"REQUIREMENTS FOR STATEWIDE SYSTEM 
20 use 1476. 
"SEC. 676. (a) IN GENERAL.—A statewide system of coordinated, 
comprehensive, multidisciplinary, interagency programs providing 
appropriate early intervention services to all handicapped infants 
and toddlers and their families shall include the minimum compo-
nents under subsection (b). 
"(b) MINIMUM COMPONENTS.—The statewide system required by 
subsection (a) shall include, at a minimum— 
"(1) a definition of the term 'developmentally delayed' that 
will be used by the State in carrying out programs under this 
part, 
"(2) timetables for ensuring that appropriate early interven-
tion services will be available to all handicapped infants and 
toddlers in the State before the beginning of the fifth year of a 
State's participation under this part, 
"(3) a timely, comprehensive, multidisciplinary evaluation of 
the functioning of each handicapped infant and toddler in the 
State and the needs of the families to appropriately assist in the 
development of the handicapped infant or toddler, 
"(4) for each handicapped infant and toddler in the State, an 
individualized family service plan in accordance with section 
677, including case management services in accordance with 
such service plan, 
"(5) a comprehensive child find system, consistent with part 
B, including a system for making referrals to service providers 
that includes timelines and provides for the participation by 
primary referral sources, 
Public 
"(6) a public awareness program focusing on early identifica-
information. 
tion of handicapped infants and toddlers, 
"(7) a central directory which includes 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, 
"(9) a single line of responsibility in a lead agency designated 
or established by the Governor for carrying out— 
"(A) the general administration, supervision, and mon-
itoring of programs and activities receiving assistance 
under section 673 to ensure compliance with this part, 
PUBLIC LAW 99-457—OCT. 8, 1986 
100 STAT. 1149 
"(B) the identification and coordination of all available 
resources within the State from Federal, State, local and 
private sources, 
"(O the assignment of financial responsibility to the 
appropriate agency, 
(D) the development of procedures to ensure that serv-
ices are ptrovided to handicapped infants and toddlers and 
their families in a timely manner pendii:^ the resolution of 
anv disputes among public agencies or service providers, 
(E) the rraolution 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 necessaiy to ensure meaningful co-
operation and coordination, 
"(10) a policy pertaining to the contracting or making of other 
arrangements with service providers to provide early interven-
tion services in the State, consistent with the provisions of this 
part, including the (intents of the application used and the 
conditions of 
the contract or other arrangements, 
"(11) a procedure for securing timely reimbursement of funds 
used under this part in accordance with section 681(a), 
"(12) procedural saft^uards with respect to pn^ams under 
this part as required by section 680, and 
"(13) policies and procedures relating to the establishment 
and mamtenanoe of standards to ensure that personnel nec-
essary to carry out this part are appropriately and adequately 
prepared and trained, induding— 
"(A) the establishment and maintenance of standards 
which are consistent with any State approved or recognized 
certification, licensing, r^pystration, or other comparable 
requirements which apjply 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 specific 
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, and 
"(14) a system for compiling data on the numbers of handi-
capped infants and toddlers and their families in the State in 
need of appropriate early intervention services (which may be 
based on a sami)ling of data), the numbers of such infants and 
toddlers and their famiUes served, the types of services provided 
(which may be based on a sampling of data), and other informa-
tion required by the Secretary. 
"iNDIVmUALIZED FAMILY SERVICE PLAN 
"SEC. 677. (a) ASSESSMENT AND PROGRAM DEVELOPMENT.—Each 2
0 use 1477. 
handicapped infant or toddler and the infant or toddler's family 
shall receive— 
"(1) a multidisciplinary assessment of unique needs and the 
identification of services appropriate to meet such needs, and 
"(2) a written individualized family service plan developed by 
a multidisciplinary teaan, including the parent or guardian, as 
required by subsection (d). 
100 STAT. 1150 
PUBLIC LAW 99-457—OCT. 8, 1986 
"(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 bsised on infant and toddler and family needs). 
"(c) PROMPTNESS AFTER ASSESSMENT.—The individualized family 
service plan shall be developed within a reasonable time after the 
assessment required by subsection (aXD is completed. With the 
parent's consent, early intervention services may commence prior to 
the completion of such assessment. 
"(d) CONTENT OF PLAN.—The individualized family service plan 
shall be in writing and contain— 
"(1) a statement of the infant's or toddler's present levels of 
physical development, cognitive development, language and 
speech development, psycho-social development, and self-help 
skills, based on acceptable objective criteria, 
"(2) a statement of the family's strengths and needs relating 
to enhancing the development of the family's handicapped 
infant or toddler, 
"(3) a statement of the major outcomes expected to be 
achieved for the infant and toddler and the family, and the 
criteria, procedures, and timelines used to determine the degree 
to which progress toward achieving the outcomes are being 
made and whether modifications or revisions of the outcomes or 
services 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 the method of 
delivering services, 
"(5) the projected dates for initiation of services and the 
anticipated duration of such services, 
"(6) the name of the case manager from the profession most 
immediately relevant to the infant's and toddler's or family's 
needs who will be responsible for the implementation of the 
plan and coordination with other agencies and persons, and 
"(7) the steps to be taken supporting the transition of the 
20 use 1411. 
handicapped toddler to services provided under part B to the 
extent such services are considered appropriate. 
"STATE APPUCATION AND ASSURANCES 
Grants. 
"SEC. 678. (a) AppucATiON.—Any State desiring to receive a grant 
Regulations. 
under section 673 for any year shall submit an application to the 
20 use 1478. 
Secretary at such time and in such manner as the Secretary may 
reasonably require by regulation. Such an 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 673, 
"(2) information demonstrating eligibility of the State under 
section 674, 
"(3) the information or assurances required to demonstrate 
eligibility of the State for the particular year of participation 
under section 675, and 
"(4)(A) information demonstrating that the State has provided 
(i) public hearings, (ii) adequate notice of such hearings, and (iii) 
an opportunity for comment to the general public before the 
submission of such application and before the adoption by the 
PUBLIC LAW 99-457—OCT. 8, 1986 
100 STAT. 1151 
State of the policies described in such appHcation, and (B) a 
summary of the public comments and the State's responses, 
"(5) a description of the uses for which funds will be expended 
in accordance with this part and for the fifth and succeeding 
fiscal years a description of the services to be provided, 
"(6) a description of the procedure used to ensure an equitable 
distribution of resources made available under this part among 
all geographic areas within the State, and 
"(7) such other information and assurances as the Secretary 
may reasonably require by regulation. 
"(b) STATEMENT OF ASSURANCES.—Any State desiring to receive a 
grant under section 673 shall file with the Secretary a statement at 
such time and in such manner as the Secretary may reasonably 
require by regulation. Such statement shall— 
"(1) assure that funds paid to the State under section 673 will 
be expended in accordance with this part, 
"(2) contain assurances that the State will comply with the 
requirements of section 681, 
"(3) provide satisfactory assurance that the control of funds 
provided under section 673, and title to property derived there-
from, shall 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) 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 thereto as the 
Secretary may find necessary to assure the correctness and 
verification of such reports and proper disbursement of Federal 
funds under this part, 
"(5) provide satisfactory assurance that Federal funds made 
available under section 673 (A) will not be commingled with 
State funds, and (B) will be so used as to supplement and 
increase the level of State and local funds expended for handi-
capped infants and toddlers and their families and in no case to 
supplgmt such State and local funds, 
"(6) provide satisfactory assurance that such fiscal control 
and fund accounting procedures will be adopted as may be 
necessary to assure proper disbursement of, and accounting for, 
Federal funds paid under section 673 to the State, and 
"(7) such other information and assurances as the Secretary 
may reasonably require by regulation. 
"(c) APPROVAL OF APPUCATION AND ASSURANCES REQUIRED.—No 
State may receive a grant under section 673 unless the Secretary 
has approved the application and statement of assurances of that 
State. The Secretary shall not disapprove such an application or 
statement of assurances unless the Secretary determines, after 
notice and opportunity for a hearing, that the application or state-
ment of assurances fails to comply with the requirements of this 
section. 
"USES OF FUNDS 
"SEC. 679. In addition to using funds provided under section 673 to 
plan, develop, and implement the statewide system required by 
section 676. a State may use such funds— 
Regulations. 
State and local 
governments. 
20 use 1479. 
100 STAT. 1152 
PUBLIC LAW 99-457—OCT. 8, 1986 
"(1) for direct services for handicapped infants and toddlers 
that are not otherwise provided from other pubhc or private 
sources, and 
"(2) to expand and improve on services for handicapped in-
fants and toddlers that are otherwise available. 
state and local 
governments. 
20 use 1480. 
Classified 
information. 
20 use 1481. 
PROCEDURAL SAFEGUARDS 
''SEC. 680. The procedural safeguards required to be included in a 
statewide system under section 676(bX12) shall provide, at a mini-
mum, 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, 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. In any action brought under this para-
graph, the court 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. 
"(3) The opportunity for parents and a guardian to examine 
records relating to assessment, screening, eligibility determina-
tions, and the development and implementation of the individ-
ualized family service plan. 
"(4) Procedures to protect the rights of the handicapped 
infant and toddlers whenever the parents or guardian of the 
child are not known or unavailable or the child is a ward of the 
State, including the assignment of an individual (who shall not 
be an employee of the State agency providing services) to act as 
a surrogate for the parents or guardian. 
"(5) Written prior notice to the parents or guardian of the 
handicapped infant or toddler whenever the State agency or 
service provider proposes to initiate or change or refuses to 
initiate or change the identification, evaluation, placement, or 
the provision of appropriate early intervention services to the 
handicapped infant or toddler. 
"(6) Procedures designed to assure that the notice required by 
paragraph (5) fully informs the parents or guardian, in the 
parents' or guardian's native language, unless it clearly is not 
feasible to do so, of all procedures available pursuant to this 
section. 
"(7) During the pendency of any proceeding or action involv-
ing a complaint, unless the State agency and the parents or 
guardian otherwise agree, the child shall continue to receive the 
appropriate early intervention services currently being pro-
vided or if appljdng for initial services shall receive the services 
not in dispute. 
"PAYOR OP LAST RESORT 
"SEC. 681. (a) NONSUBSTTTUTION.—Funds provided under section 
673 may not be used to satisfy a financial commitment for services 
which would have been paid for from another public or private 
PUBLIC LAW 99-457—OCT. 8, 1986 
100 STAT. 1153 
source but for the enactment of this part, except that whenever 
considered necessary to prevent the delay in the receipt of appro-
priate early intervention services by the infant or toddler or family 
in a timely fashion, funds provided under section 673 may be used to 
pay the provider of services pending reimbursement from the 
agency which has ultimate responsibility for the payment. 
"(b) REDUCTION OF OTHER BENEFITS.—Nothing in this part shall be 
construed to permit the State to reduce medical or other assistance 
available or to alter eligibility under title V of the Social Security 
Act (relating to maternal and child health) or title XIX of the Social 
42 use 701. 
Security Act (relating to medicaid for handicapped infants and 
42 USC1396. 
toddlers) within the State. 
"STATE INTERAGENCY COORDINATING COUNCIL 
"SEC. 682. (a) ESTABUSHMENT.—(1) Any State which desires to 
20 use 1482. 
receive financial assistance under section 673 shall establish a State 
Interagency Coordinating Council composed of 15 members. 
"(2) The Council and the chairperson of 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. 
"(b) COMPOSITION.—The Council shall be composed of— 
"(1) at least 3 parents of handicapped infants or toddlers or 
handicapped children aged 3 through 6, inclusive, 
"(2) at least 3 public or private providers of early intervention 
services, 
"(3) at least one representative from the State legislature, 
"(4) at leeist one person involved in personnel preparation, 
and 
"(5) other members representing each of the appropriate 
agencies involved in the provision of or payment for early 
intervention services to handicapped infants and toddlers and 
their families and others selected by the Governor. 
"(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 hire staff, and 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.—The Council shall— 
"(1) advise and assist the lead agency designated or estab-
lished under section 676(bX9) in the performance of the respon-
sibilities set out 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, 
"(2) advise and assist the lead agency in the preparation of 
applications and amendments thereto, and 
"(3) prepare and submit an annual report to the Governor and Reports. 
to the Secretary on the status of early intervention programs 
for handicapped infants and toddlers and their families oper-
ated within the State. 
100 STAT. 1154 
PUBLIC LAW 99-457—OCT. 8, 1986 
"(f) CONFLICT OF INTEREST.—NO member of the Council shall cast a 
vote on any matter which would provide direct financial benefit to 
that member or otherwise give the appearance of a conflict of 
interest under State law. 
"(g) USE OF EXISTING COUNCILS.—TO the extent that a State has 
established a Council before September 1, 1986, that is comparable 
to the Council described in this section, such Council shall be 
considered to be in compliance with this section. Within 4 years 
after the date the State accepts funds under section 673, such State 
shall establish a council that complies in full with this section. 
"FEDERAL ADMINISTRATION 
State and local 
"SEC. 683. Sections 616, 617, and 620 shall, to the extent not 
governments. 
inconsistent with this part, apply to the program authorized by this 
20 iusc°5'83. 
P^r*' except that— 
20 use 1)416, 
"(1) any reference to a State educational agency shall be 
1417,14^0. 
deemed to be a reference to the State agency established or 
designated under section 676(b)(9), 
"(2) any reference to the education of handicapped children 
and the education of all handicapped children and the provision 
of free public education to all handicapped children shall be 
deemed to be a reference to the provision of services to handi-
capped infants and toddlers in accordance with this part, and 
"(3) any reference to local educational agencies and inter-
mediate educational agencies shall be deemed to be a reference 
to local service providers under this part. 
Guam. 
American 
Samoa. 
Virgin Islands. 
Republic of the 
Marshall 
Islands. 
Federated States 
of Micronesia. 
Republic of 
Palau. 
Commonwealth 
of the 
Northern 
Mariana 
Islands. 
20 u s e 1484. 
20 u s e 1416. 
ALLOCATION OF FUNDS 
"SEC. 684. (a) From the sums appropriated to carry out this part 
for any fiscal year, the Secretary may reserve 1 percent for pay-
ments to Guam, American Samoa, the Virgin Islands, the Republic 
of the Marshall Islands, the Federated States of Micronesia, the 
Republic of Palau, and the Commonwealth of the Northern Mariana 
Islands in accordance with their respective needs. 
"(b)(1) The Secretary shall make pa)mients to the Secretary of the 
Interior according to the need for such assistance for the provision 
of early intervention services to handicapped infants and toddlers 
and their families on reservations serviced by the elementary and 
secondary schools operated for Indians 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 that fiscal year. 
"(2) The Secretary of the Interior may receive an allotment under 
paragraph (1) only after submitting to the Secretary an application 
which meets the requirements of section 678 and which is approved 
by the Secretary. Section 616 shall apply to any such application. 
"(c)(1) For each of the fiscal years 1987 through 1991 from the 
funds remaining after the reservation and payments under subsec-
tions (a) and (b), the Secretary shall allot to each State an amount 
which 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, except that no State shall receive 
less than 0.5 percent of such remainder. 
"(2) For the purpose of paragraph (1)— 
PUBLIC LAW 99-457—OCT. 8, 1986 
100 STAT. 1155 
"(A) the terms 'infants' and 'toddlers' mean children from 
birth to age 2, inclusive, and 
"(B) the term 'State' does not include the jurisdictions de-
scribed in subsection (a). 
"(d) If any State elects not to receive its allotment under subsec-
tion (c)(1), the Secretary shall reallot, among the remaining States, 
amounts from such State in accordance with such subsection. 
"AUTHORIZATION OF APPROPRIATIONS 
"SEC. 685. There are authorized to be appropriated to carry out 
20 USC 1485 
this part $50,000,000 for fiscal year 1987, $75,000,000 for fiscal year 
1988, and such sums as may be necessary for each of the 3 succeed-
ing fiscal years.". 
(b) STUDY OF SERVICES; COORDINATION OF ACTIONS.—(1) The Sec-
retary of Education and the Secretary of Health and Human Serv-
ices shall conduct a joint study of Federal funding sources and 
services for early intervention programs currently available and 
shall jointly act to facilitate interagency coordination of Federal 
resources for such programs and to ensure that funding available to 
handicapped infants, toddlers, children, and youth from Federal 
programs, other than programs under the Education of the Handi-
capped Act, is not being withdrawn or reduced. 
(2) Not later than 18 months after the date of the enactment of 
this Act, the Secretary of Education and the Secretary of Health and 
Human Services shall submit a joint report to the Congress describ-
ing the findings of the study conducted under paragraph (1) and 
describing the joint action taken under that paragraph. 
TITLE II—HANDICAPPED CHILDREN AGED 3 TO 5 
20 USC 1485 
note. 
20 USC 1400. 
Reports. 
SEC. 201. PRESCHOOL GRANTS. 
(a) AMENDMENT.—Section 619 of the Act (20 U.S.C. 1419) is amend-
ed to read as follows: 
"PRE-SCHOOL GRANTS 
"SEC. 619. (aXD For fiscal years 1987 through 1989 (or fiscal year 
1990 if the Secretary makes a grant under this paragraph for such 
fiscal year) the Secretary shall make a grant to any State which— 
"(A) has met the eligibility requirements of section 612, 
"(B) has a State plan approved under section 613, and 
"(C) provides special education and related services to handi-
capped children aged three to five, inclusive. 
"(2)(A) For fiscal year 1987 the amount of a grant to a State under 
paragraph (1) may not exceed— 
"(i) $300 per handicapped child aged three to five, inclusive, 
who received special education and related services in such 
State as determined under section 611(a)(3), or 
"(ii) if the amount appropriated under subsection (e) exceeds 
the product of $300 and the total number of handicapped chil-
dren aged three to five, inclusive, who received special edu-
cation and related services as determined under section 
611(aX3)-
"(I) $300 per handicapped child aged three to five, inclu-
sive, who received special education and related services in 
such State as determined under section 611(a)(3), plus 
State and local 
governments. 
20 USC 1412. 
20 USC 1413. 
20 USC 1411. 
100 STAT. 1156 
PUBLIC LAW 99-457—OCT. 8, 1986 
"(II) an amount equal to the portion of the appropriation 
available 
after 
allocating 
funds 
to 
all 
States 
under 
subclause (I) (the excess appropriation) divided by the esti-
mated increase, from the preceding fiscal year, in the 
number of handicapped children aged three to five, inclu-
sive, who will be receiving special education and related 
services in all States multiplied by the estimated number of 
such children in such State. 
"(B) For fiscal year 1988, funds shall be distributed in accordance 
with clause (i) or (ii) of paragraph (2)(A), except that the amount 
specified therein shall be $400 instead of $300. 
"(C) For fiscal year 1989, funds shall be distributed in accordance 
with clause (i) or (ii) of paragraph (2)(A), except that the amount 
specified therein shall be $500 instead of $300. 
"(D) If the Secretary makes a grant under paragraph (1) for fiscal 
year 1990, the amount of a grant to a State under such paragraph 
may not exceed $1,000 per handicapped child aged three to five, 
inclusive, who received special education and related services in 
20 use 1411. 
such State as determined under section 611(a)(3). 
"(E) If the actual number of additional children served in a fiscal 
year differs from the estimate made under clause (ii)(II) of the 
applicable subparagraph, subparagraph (A)(ii)(II), the 
Secretary 
shall adjust (upwards or downwards) a State's allotment in the 
subsequent fiscal year. 
"(F)(i) The amount of a grant under subparagraph (A), (B), or (C) to 
any State for a fiscal year may not exceed $3,800 per estimated 
handicapped child aged three to five, inclusive, who will be receiving 
or handicapped child, age three to five, inclusive, who is receiving 
special education and related services in such State. 
"(ii) If the amount appropriated under subsection (e) for any fiscal 
year exceeds the amount of grants which may be made to the States 
for such fiscal year, the excess amount appropriated shall remain 
available for obligation under this section for 2 succeeding fiscal 
years. 
"(3) To receive a grant under paragraph (1) a State shall make an 
application to the Secretary at such time, in such manner, and 
containing or accompanied by such information as the Secretary 
may reasonably require. 
"(bXD For fiscal year 1990 (or fiscal year 1991 if required by 
paragraph (2)) and fiscal years thereafter the Secretary shall make a 
grant to any State which— 
Post, p. 1158. 
"(A) has met the eligibility requirements of section 612, and 
Post, pp. 1159, 
"(B) has a State plan approved under section 613 which 
1174. 
includes policies and procedures that assure the availability 
under the State law and practice of such State of a free appro-
priate public education for all handicapped children aged three 
to five, inclusive. 
"(2) The Secretary may make a grant under paragraph (1) only for 
fiscal year 1990 and fiscal years thereafter, except that if— 
"(A) the aggregate amount that was appropriated 
under 
subsection (e) for fiscal years 1987, 1988, and 1989 was less than 
$656,000,000, and 
"(B) the amount appropriated for fiscal year 1990 under 
subsection (e) is less than $306,000,000, 
the Secretary may not make a grant under paragraph (1) until fiscal 
year 1991 and shall make a grant under subsection (a)(1) for fiscal 
year 1990. 
PUBLIC LAW 99-457—OCT. 8, 1986 
100 STAT. 1157 
"(3) The amount of any grant to any State under paragraph (1) for 
any fiscal year may not exceed $1,000 for each handicapped child in 
such State aged three to five, inclusive. 
"(4) To receive a grant under paragraph (1) a State shall make an 
application to the Secretary at such time, in such manner, and 
containing or accompanied by such information as the Secretary 
may reasonably require. 
"(cXD For fiscal year 1987, a State which receives a grant under 
subsection (a)(1) shall— 
"(A) distribute at least 70 percent of such grant to local 
educational agencies and intermediate educational units in such 
State in accordance with paragraph (3), except that in applying 
such section only handicapped children aged three to five, 
inclusive, shall be considered, 
"(B) use not more than 25 percent of such grant for the 
planning and development of a comprehensive delivery system 
for which a grant could have been made under section 623(b) in 
Post, p. 1161. 
effect through fiscal year 1987 and for direct and support 
services for handicapped children, and 
"(C) use not more than 5 percent of such grant for administra-
tive expenses related to the grant. 
"(2) For fiscal years beginning after fiscal year 1987, a State which 
receives a grant under subsection (aXD or (bXD shall— 
"(A) distribute at least 75 percent of such grant to local 
educational agencies and intermediate educational units in such 
State in accordance with paragraph (3), except that in applying 
such section only handicapped children aged three to five, 
inclusive, shall be considered, 
"(B) use not more than 20 percent of such grant for the 
planning and development of a comprehensive delivery system 
for which a grant could have been made under section 623(b) in 
effect through fiscal year 1987 and for direct and support 
services for handicapped children, and 
"(C) use not more than 5 percent of such grant for administra-
tive expenses related to the grant. 
"(3) From the amount of funds available to local educational 
agencies and intermediate educational units in any State under this 
section, each local educational agency or intermediate educational 
unit shall be entitled to— 
"(A) an amount which bears the same ratio to the amount 
available under subsection (aX2XAXi) or subsection (aX2XAXiiXI), 
as the case may be, as the number of handicapped children aged 
three to five, inclusive, who received special education and 
related services as determined under section 611(aX3) in such 
20 use I4il. 
local educational agency or intermediate educational unit bears 
to the aggregate number of handicapped children aged three to 
five, inclusive, who received special education and related serv-
ices in all local educational agencies and intermediate edu-
cational units in the State entitled to funds under this section, 
and 
"(B) to the extent funds are available under subsection 
(aX2XAXiiXn), an amount which bears the same ratio to the 
amount available under subsection (aX2XAXiiXII) as the esti-
mated number of additional handicapped children aged three to 
five, inclusive, who will be receiving special education and 
related services in such local educational agency or intermedi-
ate educational unit bears to the aggregate number of 
100 STAT. 1158 
PUBLIC LAW 99-457—OCT. 8, 1986 
20 u s e 1419. 
20 u s e 1419 
note. 
20 u s e 1400. 
handicapped children aged three to five, inclusive, who will be 
receiving special education and related services in all local 
educational agencies and intermediate educational units in the 
State entitled to funds under this section. 
"(d) If the sums appropriated under subsection (e) for any fiscal 
year for making payments to States under subsection (a)(1) or (b)(1) 
are not sufficient to pay in full the maximum amounts which all 
States may receive under such subsection for such fiscal year, the 
maximum amounts which all States may receive under such subsec-
tion for such fiscal year shall be ratably reduced by first ratably 
reducing amounts computed under the excess appropriation provi-
sion of subsection (aX2XAXiiXII)- If additional funds become avail-
able for making such payments for any fiscal year during which the 
preceding sentence is applicable, the reduced maximum amounts 
shall be increased on the same basis as they were reduced. 
"(e) For grants under subsections (aXl) and (bXD there are au-
thorized to be appropriated such sums as may be necessary.". 
(b) CONFORMING AMENDMENTS.— 
(1) Section 611(aXlXA) of the Act (20 U.S.C. 1411(aXlXA)) is 
amended to read as follows: 
"(A) the number of handicapped children aged 3-5, inclusive, 
in a State who are receiving special education and related 
services as determined under paragraph (3) if the State is 
eligible for a grant under section 619 and the number of handi-
capped children aged 6-21, inclusive, in a State who are receiv-
ing special education and related services as so determined;". 
(2XA) Section 611(gXl) of the Act is amended by striking out 
"this part" each place it occurs and inserting in lieu thereof 
"subsection (a)". 
(B) Section 611(gXl) of the Act is amended by inserting "under 
subsection (h)" after "appropriated". 
(C) Section 611(gX2) of the Act is amended by striking out 
"this part" the first place it occurs and inserting in lieu thereof 
"this section". 
(3) Section 611 of the Act is amended by adding at the end the 
following: 
"(h) For grants under subsection (a) there are authorized to be 
appropriated such sums as may be necessary.". 
(c) EFFECTIVE DATE.—The amendment made by subsection (a) shall 
take effect with respect to the school year 1987-1988. 
SEC. 202. ELIGIBILITY FOR FINANCIAL ASSISTANCE. 
Part A of the Act is amended by adding at the end the following: 
State and local 
governments. 
20 u s e 1408. 
Ante, p. 1155. 
20 use 
1421-1454; 
post, p. 1172. 
EUGIBILITY FOR FINANCIAL ASSISTANCE 
"SEC. 609. Effective for fiscal years for which the Secretary may 
make grants under section 619(bXl), no State or local educational 
agency or intermediate educational unit or other public institution 
or agency may receive a grant under parts C through G which relate 
exclusively to programs, projects, and activities pertaining to chil-
dren aged three to five, inclusive, unless the State is eligible to 
receive a grant under section 61903)(1).". 
SEC. 203. SHARING OF COSTS OF FREE APPROPRIATE PUBLIC EDUCATION. 
(a) EuGiBiuTY FOR SECTION 611 GRANTS.—Section 612(6) of the Act 
(20 U.S.C. 1412(6)) is amended by adding at the end the following: 
PUBLIC LAW 99-457—OCT. 8, 1986 
100 STAT. 1159 
"This paragraph shall not be construed to limit the responsibility of 
agencies other than educational agencies in a State from providing 
or paying for some or all of the costs of a free appropriate public 
education to be provided handicapped children in the State.", 
(b) STATE PLANS.— 
(1) Section 613(aX9) of the Act (20 U.S.C. 1413(aX9)) is amended 
to read as follows: 
"(9) provide satisfactory assurance that Federal funds made 
available under this part (A) will not be commingled with State 
funds, and (B) will be so used as to supplement and increase the 
level of Federal, State, and local funds (including funds that are 
not under the direct control of State or local educational agen-
cies) expended for special education and related services pro-
vided to handicapped children 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 
handicapped children have available to them a free appropriate 
public education, the Secretary may waive in part the require-
ment of this clause if he concurs with the evidence provided by 
the State;". 
(2) Section 613(a) of the Act is amended by striking out "and" 
at the end of paragraph (11), by striking out the period at the 
end of paragraph (12) and inserting in lieu thereof a semicolon, 
and by adding at the end the following: 
"(13) set forth policies and procedures for developing and 
implementing interagency agreements between the State edu-
cational agency and other appropriate State and local agencies 
to (A) define the financial responsibility of each agency for 
providing handicapped children and youth with free appro-
priate public education, and (B) resolve interagency disputes, 
including procedures under which local educational agencies 
may initiate proceedings under the agreement in order to 
secure reimbursement from other agencies or otherwise imple-
ment the provisions of the agreement.". 
(3) Section 613 of the Act is amended by adding at the end the 
following: 
"(e) This Act shall not be construed to permit 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 
42 USC 701, 
provision of a free appropriate public education for handicapped 
1396. 
children within the State; and". 
TITLE III—DISCRETIONARY PROGRAMS 
SEC. 301. REGIONAL RESOURCE CENTERS. 
Section 621 of the Act (20 U.S.C. 1421) is amended to read as 
follows: 
"REGIONAL RESOURCE AND FEDERAL CENTERS 
"SEC. 621. (a) The Secretary may make grants to, or enter into 
Grants. 
contracts or cooperative agreements with, institutions of higher 
Contracts. 
education, public agencies, private nonprofit organizations, State 
governments^ 
educational agencies, or combinations of such agencies or institu-
tions (which combinations may include one or more local edu-
cational agencies) within particular regions of the United States, to 
pay all or part of the cost of the establishment and operation of 
100 STAT. 1160 
PUBLIC LAW 99-457—OCT. 8, 1986 
regional resource centers. Each regional resource center shall pro-
vide consultation, technical assistance, and training to State edu-
cational agencies and through such State educational agencies to 
local educational agencies and to other appropriate State agencies 
providing early intervention services. The services provided by a 
regional resource center shall be consistent with the priority needs 
identified by the States served by the center and the findings of the 
Secretary in monitoring reports prepared by the Secretary under 
20 use 1417. 
section 617 of the Act. Each regional resource 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 and early intervention services 
to handicapped infants and toddlers and their families, 
"(2) assist in developing, identifying, and replicating success-
ful programs and practices which will improve special education 
and related services to handicapped children and youth and 
their families and early intervention services to handicapped 
infants and toddlers and their families, 
"(3) gather and disseminate information to all State edu-
cational agencies within the region and coordinate activities 
with other centers assisted under this subsection and other 
relevant projects conducted by the Department of Education, 
"(4) assist in the improvement of information dissemination 
to and training activities for professionals and parents of handi-
capped infants, toddlers, children, and youth, and 
"(5) provide information to and training for agencies, institu-
tions, and organizations, regarding techniques and approaches 
for submitting applications for grants, contracts, and coopera-
tive agreements under this part and parts D through G. 
"(b) In determining whether to approve an application for a 
project under subsection (a), 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 
subsection (a). 
"(c) Each regional resource center shall report a summary of 
materials produced or developed and the summaries reported shall 
be included in the annual report to Congress required under section 
618. 
"(d) The Secretary may establish one coordinating technical 
assistance center focusing on national priorities established by the 
Secretary to assist the regional resource centers in the delivery of 
technical assistance, consistent with such national priorities. 
"(e) Before using funds made available in any fiscal year to carry 
out this section for purposes of subsection (d), not less than the 
amount made available for this section in the previous fiscal year 
shall be made available for regional resource centers under subsec-
tion (a) and in no case shall more than $500,000 be made available 
for the center under subsection (d).". 
SEC. 302. SERVICES FOR DEAF-BLIND CHILDREN A
N
D YOUTH. 
20 use 1422. 
Section 622 is amended by adding at the end thereof the following 
new subsections: 
Grants. 
"(e) The Secretary is authorized to make grants to, or enter into 
Contracts. 
contracts or cooperative agreements with, public or nonprofit pri-
vate agencies, institutions, or organizations for the development and 
operation of extended school year demonstration programs for se-
20 use 
1422-1454; 
post, p. 1172. 
Reports. 
20 use 1418. 
PUBLIC LAW 99-457—OCT. 8, 1986 
100 STAT. 1161 
verely handicapped children and youth, including deaf-blind chil-
dren and youth. 
"(f) The Secretary may make grants to, or enter into contracts or 
cooperative agreements with, the entities under section 624(a) for 
the purposes in such section.". 
SEC. 
303. 
EARLY 
EDUCATION 
FOR 
HANDICAPPED 
CHILDREN. 
Section 623 of the Act (20 U.S.C. 1423) is amended to read as 
follows: 
" E A R L Y EDUCATION FOR HANDICAPPED CHILDREN 
"SEC. 623. (aXD The Secretary may arrange by contract, grant, or 
cooperative agreement with appropriate public agencies and private 
nonprofit organizations, for the development and operation of 
experimental, demonstration, and outreach preschool and early 
intervention programs for handicapped children which the Sec-
retary determines show promise of promoting a comprehensive and 
strengthened approach to the special problems of such children. 
Such programs shall include activities and services designed to (1) 
facilitate the intellectual, emotional, physical, mental, social, 
speech, language development, and self-help skills of such children, 
(2) encourage the participation of the parents of such children in the 
development and operation of any such program, and (3) acquaint 
the community to be served by any such program with the problems 
and potentialities of such children, (4) offer training about exem-
plary models and practices to State and local personnel who provide 
services to handicapped children from birth through eight, and (5) 
support the adaption of exemplary models and practices in States 
and local communities. 
"(2) Programs authorized by paragraph (1) shall be coordinated 
with similar programs in the schools operated or supported by State 
or local educational agencies of the community to be served and 
with similar programs operated by other public agencies in such 
community. 
"(3) As much as is feasible, programs assisted under paragraph (1) 
shall be geographically dispersed throughout the Nation in urban as 
well as rural areas. 
"(4XA) Except as provided in subparagraph (B), no arrangement 
under paragraph (1) shall provide for the payment of more than 90 
percent of the total annual costs of development, operation, and 
evaluation of any program. Non-Federal contributions may be in 
cash or in kind, fairly evaluated, including plant, equipment, and 
services. 
"(B) The Secretary may waive the requirement of subparagraph 
(A) in the case of an arrangement entered into under paragraph (1) 
with governing bodies of Indian tribes located on Federal or State 
reservations and with consortia of such bodies. 
"Q)) The Secretary shall arrange by contract, grant, or cooperative 
agreement with appropriate public agencies and private nonprofit 
organizations for the establishment of a technical assistance devel-
opment system to assist entities operating experimental, demonstra-
tion, and outreach programs and to assist State agencies to expand 
and improve services provided to handicapped children. 
"(c) The Secretary shall arrange by contract, grant, or cooperative 
agreement with appropriate public agencies and private nonprofit 
organizations for the establishment of early childhood research 
institutes to carry on sustained research to generate and dissemi-
Grants. 
Contracts. 
Post, p. 1162. 
Contracts. 
Grants. 
State and local 
governments. 
Urban areas. 
Rural areas. 
Indians. 
Contracts. 
Grants. 
State and local 
governments. 
100 STAT. 1162 
PUBLIC LAW 99-457—OCT. 8, 1986 
Grants. 
Contracts. 
Federal 
Register, 
publication. 
nate new information on preschool and early intervention for handi-
capped children and their families. 
"(d) The Secretary may make grants to, enter into contracts or 
cooperative agreements under this section with, such organizations 
or institutions, as are determined by the Secretary to be appro-
priate, for research to identify and meet the full range of special 
needs of handicapped children and for training of personnel for 
programs specifically designed for handicapped children. 
"(e) At least one year before the termination of a grant, contract, 
or cooperative agreement made or entered into under subsections (b) 
and (c), the Secretary shall publish in the Federal Register a notice 
of intent to accept application for such a grant, contract, or coopera-
tive agreement contingent on the appropriation of sufficient funds 
by Congress. 
"(f) For purposes of this section the term 'handicapped children' 
includes children from birth through eight years of age.". 
SEC. 
3
0
4
. 
PROGRAMS 
FOR 
SEVERELY 
HANDICAPPED 
CHILDREN. 
Section 624 of the Act (20 U.S.C. 1424) is amended to read as 
follows: 
Grants. 
Contracts. 
Urban areas. 
Rural areas. 
20 u s e 1424a. 
PROGRAMS FOR SEVERELY HANDICAPPED CHILDREN 
"SEC. 624. (a) The Secretary may make grants to, or enter into 
contracts or cooperative agreements with, such organizations or 
institutions, as are determined by the Secretary to be appropriate, to 
address the needs of severely handicapped children and youth, for— 
"(1) research to identify and meet the full range of special 
needs of such 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 such 
handicapped children and youth, 
"(3) training of personnel for programs specifically designed 
for such children, and 
"(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 subsection (a), the 
Secretary 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) To the extent feasible, programs, authorized by subsection (a) 
shall be geographically dispersed throughout the nation in urban 
and rural areas.'. 
SEC. 305. POSTSECONDARY EDUCATION PROGRAMS. 
Section 625 is amended to read as follows: 
Grants. 
Contracts. 
POSTSECONDARY EDUCATION 
"SEC. 625. (a)(1) The Secretary may make grants 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 specially de-
signed model programs of postsecondary, vocational, technical, 
continuing, or adult education for handicapped individuals. 
PUBLIC LAW 99-457—OCT. 8, 1986 
100 STAT. 1163 
"(2) In making grants or contracts on a competitive basis under 
paragraph (1), the Secretary shall give priority consideration to 4 
regional centers for the deaf and to model programs for individuals 
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) Persons operating programs for handicapped persons under a 
grant or contract under paragraph (1) must coordinate their efforts 
with and disseminate information about their activities to the 
clearinghouse on postsecondary programs established under section 
633(b). 
"(4) At least one year before the termination of a grant or contract 
with any of the 4 regional centers for the deaf, the Secretary shall 
publish in the Federal Register a notice of intent to accept applica-
tion for such grant or contract, contingent on the appropriation of 
sufficient funds by Congress. 
"(5) To the extent feasible, programs authorized by paragraph (1) 
shall be geographically dispensed throughout the nation in urban 
and rural areas. 
"(6) Of the sums made available for programs under paragraph (1), 
not less than $2,000,000 shall first be available for the 4 regional 
centers for the deaf. 
"(b) For the purposes of subsection (a) the term 'handicapped 
individuals' means individuals who are mentally retarded, hard of 
hearing, deaf, speech or language impaired, visually handicapped, 
seriously emotionally disturbed, orthopedically impaired, other 
health impaired individuals, or individuals with specific learning 
disabilities who by reason thereof require special education and 
related services.". 
SEC. 306. SECONDARY EDUCATION AND TRANSITIONAL SERVICES FOR 
HANDICAPPED YOUTH. 
Section 626 of the Act is amended to read as follows: 
20 u s e 1433. 
Federal 
Register, 
publication. 
20 u s e 1425. 
SECONDARY EDUCATION AND TRANSITIONAL SERVICES FOR 
HANDICAPPED YOUTH 
"SEC. 626. (a) The Secretary may make grants to, or enter into 
contracts with, institutions of higher education, State educational 
agencies, local educational agencies, or other appropriate public and 
private nonprofit institutions or agencies (including the State job 
training coordinating councils and service delivery area administra-
tive entities established under the Job Training Partnership Act 
(Public Law 97-300)) to— 
"(1) strengthen and coordinate special education and related 
services for handicapped youth currently in school or who 
recently left school to assist them in the transition to post-
secondary education, vocational training, competitive employ-
ment (including supported employment), continuing education, 
or adult services, 
"(2) stimulate the improvement and development of programs 
for secondary special education, and 
Grants. 
Contracts. 
State and local 
governments. 
29 u s e 1501 
note. 
100 STAT. 1164 
PUBLIC LAW 99-457—OCT. 8, 1986 
"(3) stimulate the improvement of the vocational and life 
skills of handicapped students to enable them to be better 
prepared for transition to adult life and services. 
Urban areas. 
To the extent feasible, such programs shall be geographically dis-
Rural areas. 
persed through the Nation in urban and rural areas. 
"(b) Projects assisted under subsection (a) may include— 
"(1) developing strategies and techniques for transition to 
independent living, vocational training, vocational rehabilita-
tion, postsecondary education, and competitive employment 
(including supported employment) for handicapped youth, 
"(2) establishing demonstration models for services, programs, 
and individualized education programs, which emphasize voca-
tional training, transitional services, and placement for handi-
capped 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 edu-
cation, and adult services, 
"(7) developing appropriate procedures for evaluating voca-
tional training, placement, and transitional services for handi-
capped youth, 
"(8) conducting studies which provide information on the 
numbers, age levels, types of handicapping conditions and rea-
sons why handicapped youth drop out of school, 
"(9) developing special education curriculum and instruc-
tional techniques that will improve handicapped students' ac-
quisition of the skills necessary for transition to adult life and 
services, and 
"(10) specifically designed physical education and therapeutic 
recreation programs to increase the potential of handicapped 
youths for community participation. 
"(c) For purposes of paragraphs (1) and (2) of subsection (b), if an 
applicant is not an educational agency, such applicant shall coordi-
nate with the State educational agency. 
"(d) Applications for assistance under subsection (a) other than for 
the purpose of conducting studies or evaluations shall— 
"(1) describe the procedures to be used for disseminating 
relevant findings and data to regional resource centers, 
clearinghouses, and other interested persons, agencies, or 
organizations, 
(2) describe the procedures that will be used for coordinating 
services among agencies for which handicapped youth are or 
will be eligible, and 
"(3) to the extent appropriate, provide for the direct participa-
tion of handicapped students and the parents of handicapped 
PUBLIC LAW 99-457—OCT. 8, 1986 
100 STAT. 1165 
students in the planning, development, and implementation of 
such projects. 
"(e) The Secretary is authorized to make grants to, or to enter into 
Grants, 
contracts or cooperative agreements with, such organizations or 
Contracts, 
institutions as are determined by the Secretary to be appropriate for 
the development or demonstration of new or improvements in exist-
ing methods, approaches, or techniques which will contribute to the 
adjustment and education of handicapped children and youth and 
the dissemination of materials and information concerning practices 
found effective in working with such children and youth. 
"(f) The Secretary, as appropriate, shall coordinate programs 
described under subsection (a) with projects developed under section 
311 of the Rehabilitation Act of 1973.". 
29 USC 777a. 
SEC. 307. AUTHORIZATION. 
Section 628 is amended to read as follows: 
20 USC 1427. 
"AUTHORIZATION OF APPROPRIATIONS 
"SEC. 628. (a) There are authorized to be appropriated to carry out 
section 621, $6,700,000 for fiscal year 1987, $7,100,000 for fiscal year 
1988, and $7,500,000 for fiscal year 1989. 
"(b) There are authorized to be appropriated to carry out section 
622, $15,900,000 for fiscal year 1987, $16,800,000 for fiscal year 1988, 
and $17,800,000 for fiscal year 1989. 
"(c) There are authorized to be appropriated to carry out section 
623, $24,470,000 for fiscal year 1987, $25,870,000 for fiscal year 1988, 
and $27,410,000 for fiscal year 1989. 
"(d) There are authorized to be appropriated to carry out section 
624, $5,300,000 for fiscal year 1987, $5,600,000 for fiscal year 1988, 
and $5,900,000 for fiscal year 1989. 
"(e) There are authorized to be appropriated to carry out section 
625, $5,900,000 for fiscal year 1987, $6,200,000 for fiscal year 1988, 
and $6,600,000 for fiscal year 1989. 
"(f) There are authorized to be appropriated to carry out section 
626, $7,300,000 for fiscal year 1987, $7,700,000 for fiscal year 1988, 
and $8,100,000 for fiscal year 1989.". 
SEC. 308. GRANTS FOR PERSONNEL TRAINING. 
Section 631 of the Act (20 U.S.C. 1431) is amended to read as 
follows: 
"GRANTS FOR PERSONNEL TRAINING 
"SEC. 631. (a)(1) The Secretary may make grants, which 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 satellite 
29 USC 701 note, 
network of the developmental disabilities program) and other appro-
priate nonprofit agencies to assist them in training personnel for 
careers in special education and early intervention, including— 
"(A) special education teaching, including speech-language 
pathology and audiology, and adaptive physical education, 
"(B) related services to handicapped children and youth in 
educational settings, 
"(C) special education supervision and administration, 
"(D) special education research, and 
100 STAT. 1166 
PUBLIC LAW 99-457—OCT. 8, 1986 
"(E) training of special education personnel and other person-
nel providing special services and pre-school and early interven-
tion services for handicapjDed children. 
State and local 
"(2)(A) In making grants under paragraph (1), the Secretary shall 
governments. 
base the determination of such grants on information relating to the 
present and projected need for the personnel to be trained based on 
identified State, regional, or national shortages, and the capacity of 
the institution or agency to train qualified personnel, and other 
information considered appropriate by the Secretary. 
"(B) The Secretary shall ensure that grants are only made under 
paragraph (1) to applicant agencies and institutions that meet State 
and professionally recognized standards for the preparation of spe-
cial education and related services personnel unless the grant is for 
the purpose of assisting the applicant agency or institution to meet 
such standards. 
Fellowships. 
"(3) Grants under paragraph (1) may be used by institutions to 
assist in covering the cost of courses of training or study for such 
personnel and for establishing and maintaining fellowships or 
traineeships with such stipends and allowances as may be deter-
mined by the Secretary. 
"(4) The Secretary in carrying out paragraph (1) may reserve a 
sum not to exceed 5 percent of the amount available for paragraph 
(1) 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 may make grants to institutions of higher 
education and other appropriate nonprofit agencies to conduct spe-
cial projects to develop and demonstrate new approaches (including 
the application of new technology) for the preservice training pur-
poses set forth in subsection (a), for regular educators, for the 
training of teachers to work in community and school settings with 
handicapped secondary school students, and for the inservice train-
ing of special education personnel, including classroom aides, re-
lated services personnel, and regular education personnel who serve 
handicapped children and personnel providing early intervention 
services. 
"(c)(1) The Secretary may make grants through a separate com-
petition to private nonprofit organizations for the purpose of provid-
ing training and information to parents of handicapped children and 
persons who work with parents to enable such individuals to partici-
pate 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 living in the area to be served by the grant, 
particularly those who are members of groups that have been 
traditionally underrepresented. 
"(2) In order to receive a grant under paragraph ( D 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 handicapped 
PUBLIC LAW 99-457—OCT. 8, 1986 
100 STAT. 1167 
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 paragraph (1), 
"(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 for which a grant 
may be made under paragraph (1). 
"(3) The board of directors or special governing committee of a 
private nonprofit organization receiving a grant under paragraph (1) 
shall meet at least once in each calendar quarter to review the 
parent training and information activities for which the grant is 
made, and each such committee shall advise the governing board 
directly of its views and recommendations. Whenever a private 
nonprofit organization requests the renewal of a grant under para-
graph (1) for a fiscal year, 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 preceding fiscal year. 
"(4) The Secretary shall ensure that grants under paragraph (1) 
will— 
"(A) be distributed geographically to the greatest extent pos-
sible throughout all the States and give priority to grants which 
involve unserved areas, 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 
paragraph (1) shall assist parents to— 
"(A) better understand the nature and needs of the handi-
capping conditions of children, 
"(B) provide followup support for handicapped children's edu-
cational programs, 
"(C) communicate more effectively with special and regular 
educators, administrators, related services personnel, and other 
relevant professionals, 
"(D) participate in educational decisionmaking processes 
including the development of a handicapped child's individual-
ized educational program, 
"(E) obtain information about the programs, services, and 
resources available to handicapped children 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. 
"(6) Parent training and information programs may, at a grant 
recipient's discretion, include State or local educational personnel 
where such participation will further an objective of the program 
assisted by the grant. 
"(7) Each private nonprofit organization operating a program 
receiving a grant under paragraph (1) shall consult with appropriate 
agencies which serve or assist handicapped children and youth and 
are located in the jurisdictions served by the program. 
"(8) The Secretary shall provide technical assistance, by grant or 
contract, for establishing, developing, and coordinating parent train-
ing and information programs.". 
Urban areas. 
Rural areas. 
State and local 
governments. 
20 u s e 1411. 
State and local 
governments. 
100 STAT. 1168 
PUBLIC LAW 99-457—OCT. 8, 1986 
SEC. 309. GRANTS FOR STATE EDUCATIONAL AGENCIES AND INSTITU-
TIONS FOR TRAINEESHIPS. 
Section 632 of the Act (20 U.S.C. 1432) is amended to read as 
follows: 
Ante, p. 1159; 
post, p. 1174. 
State and local 
governments. 
Grants. 
Contracts. 
GRANTS TO STATE EDUCATIONAL AGENCIES AND INSTITUTIONS FOR 
TRAINEESHIPS 
"SEC. 632. The Secretary shall make grants to each State edu-
cational agency and may make grants to institutions of higher 
education to assist in establishing and maintaining preservice and 
inservice programs to prepare personnel to meet the needs of handi-
capped infants, toddlers, children, and youth or supervisors of such 
persons, consistent with the personnel needs identified in the State's 
comprehensive system of personnel development under section 
613.". 
SEC. 310. CLEARINGHOUSES. 
(a) IN GENERAL.—Subsection (a) of section 633 of the Act (20 U.S.C. 
1433) is amended by striking out "to achieve" and all that follows in 
that subsection and inserting in lieu thereof the following: "to 
disseminate information and provide technical assistance on a na-
tional basis to parents, professionals, and other interested parties 
concerning— 
"(1) programs relating to the education of the handicapped 
under this Act and under other Federal laws, and 
"(2) participation in such programs, including referral of 
individuals to appropriate national. State, and local agencies 
and organizations for further gissistance.". 
(b) 
ADDITIONAL CLEARINGHOUSE.—Section 
633 
of 
the 
Act 
is 
amended by redesignating subsection (c) as subsection (d) and by 
inserting after subsection (b) the following: 
"(c) The Secretary shall make a grant or enter into a contract for 
a national clearinghouse designed to encourage students to seek 
careers and professional personnel to seek employment in the var-
ious fields relating to the education of handicapped children and 
youth through the following: 
"(1) Collection and dissemination of information on current 
and future national, regional, and State needs for special edu-
cation and related services personnel. 
"(2) Dissemination to high school counselors and others 
concerning current career opportunities in special education, 
location of programs, and various forms of financial assistance 
(such as scholarships, stipends, and allowances). 
"(3) Identification of training programs available around the 
country. 
"(4) Establishment of a network among local and State edu-
cational agencies and institutions of higher education concern-
ing the supply of graduates and available openings. 
"(5) Technical assistance to institutions seeking to meet State 
and professionally recognized standards.". 
(c) TECHNICAL AMENDMENT.—The heading for section 633 of the 
Act is amended to read as follows: 
CLEARINGHOUSES 
PUBLIC LAW 99-457—OCT. 8, 1986 
100 STAT. 1169 
SEC. 311. AUTHORIZATION. 
Section 635 of the Act (20 U.S.C. 1435) is amended to read as 
follows: 
"AUTHORIZATION OF APPROPRIATIONS 
"SEC. 635. (a) There are authorized to be appropriated to carry out 
this part (other than section 633) $70,400,000 for fiscal year 1987, 
$74,500,000 for fiscal year 1988, and $79,000,000 for fiscal year 1989. 
There are authorized to be appropriated to carry out section 633, 
$1,200,000 for fiscal year 1987, $1,900,000 for fiscal year 1988, and 
$2,000,000 for fiscal year 1989. 
"(b) Of the funds appropriated pursuant to subsection (a) for any 
fiscal year, the Secretary shall reserve not less than 65 per centum 
for activities described in subparagraphs (A) through (E) of section 
631(a)(1). 
"(c) Of the funds appropriated under subsection (a) for any fiscal 
year, the Secretary shall reserve 10 percent for activities under 
section 631(c).". 
SEC. 312. RESEARCH AND DEMONSTRATION PROJECTS IN EDUCATION OF 
HANDICAPPED CHILDREN. 
Section 641 of the Act (20 U.S.C. 1441) is amended to read as 
follows: 
"RESEARCH AND DEMONSTRATION PROJECTS IN EDUCATION OF 
HANDICAPPED CHILDREN 
"SEC. 641. (a) The Secretary may make grants to, or enter into Grants. 
contracts or cooperative agreements with. State and local edu- Contracts, 
cational agencies, institutions of higher education, and other public 
agencies and nonprofit private organizations for research and re-
lated activities to assist special education personnel, related services 
personnel, early intervention personnel, and other appropriate per-
sons, including parents, in improving the special education and 
related services and early intervention services for handicapped 
infants, toddlers, children, and youth, and to conduct research, 
surveys, or demonstrations relating to the provision of services to 
handicapped infants, toddlers, children, and youth. Research and 
related activities shall be designed to increase knowledge and under-
standing of handicapping conditions, and teaching, learning, and 
education-related developmental practices and services for handi-
capped infants, toddlers, children and youth. Research and related 
activities assisted under this section shall include the following: 
"(1) The development of new and improved techniques and 
devices for teaching handicapped infants, toddlers, children and 
youth. 
"(2) The development of curricula which meet the unique 
educational and developmental needs of handicapped infants, 
toddlers, children and youth. 
"(3) The application of new technologies and knowledge for 
the purpose of improving the instruction of handicapped in-
fants, toddlers, children and youth. 
"(4) The development of program models and exemplary prac-
tices in areas of special education and early intervention. 
100 STAT. 1170 
PUBLIC LAW 99-457—OCT. 8, 1986 
Federal 
Register, 
publication. 
Reports. 
Post, p. 1174. 
20 use 
1421-1454; 
post, p. 1172. 
"(5) The dissemination of information on research and related 
activities conducted under this part to regional resource centers 
and interested individuals and organizations. 
"(6) The development of instruments, including tests, inven-
tories, and scales for measuring progress of handicapped 
infants, toddlers, children and youth across a number of 
developmental domains. 
"(b) In carrying out subsection (a), the Secretary shall consider the 
special education or early intervention experience of applicants 
under such subsection. 
"(c) The Secretary shall publish proposed research priorities in 
the Federal Register every 2 years, not later than July 1, and shall 
allow a period of 60 days for public comments and suggestions. After 
analyzing and considering the public comments, the Secretary shall 
publish final research priorities in the Federal Register not later 
than 30 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 Sec-
retary shall make reports of research projects available to the 
education community at large and to other interested parties. 
"(e) The Secretary shall coordinate the research priorities estab-
lished under subsection (c) with research priorities established by 
the National Institute of Handicapped Research and shall provide 
information concerning research priorities established under such 
subsection to the National Council on the Handicapped, and to the 
Bureau of Indian Affairs Advisory Committee for Exceptional 
Children.". 
SEC. 313. PANELS AND EXPERTS. 
Section 643 of the Act (20 U.S.C. 1443) is amended to read as 
follows: 
"PANELS OF EXPERTS 
"SEC. 643. (a) The Secretary shall convene, in accordance with 
subsection (b), panels of experts who are competent to evaluate 
proposals for projects under parts C through G. The panels shall be 
composed of— 
"(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 
individuals when appropriate. 
"(b)(1) The Secretary shall convene panels under subsection (a) for 
any application which includes a total funding request exceeding 
$60,000 and may convene or otherwise appoint panels for applica-
tions which include funding requests that are less than such 
amount. 
"(2) Such panels shall include a majority of non-Federal members. 
Such non-Federal members shall be provided travel and per diem 
not to exceed the rate provided to other educational consultants 
used by the Department and shall be provided consultant fees at 
such a rate. 
PUBLIC LAW 99-457—OCT. 8, 1986 
100 STAT. 1171 
"(c) The Secretary may use funds available under parts C through 
G to pay expenses and fees of non-Federal members under subsec- 
20 USC 
tion (b).". 
1421-1454; 
post, p. 1172. 
SEC. 314. AUTHORIZATION. 
Section 644 of the Act (20 U.S.C. 1444) is amended to read as 
follows: 
"AUTHORIZATION OF APPROPRIATIONS 
"SEC. 644. For purposes of carrying out this part, there are 
authorized to be appropriated $18,000,000 for fiscal year 1987, 
$19,000,000 for fiscal year 1988, and $20,100,000 for fiscal year 
1989.". 
SEC. 315. CAPTIONED FILMS AND EDUCATIONAL MEDIA FOR HANDI-
CAPPED PERSONS. 
(a) ILLITERACY.—Subsection (a) of section 652 of the Act (20 U.S.C. 
1452) is amended— 
(1) by striking out "in accordance with regulations" and 
inserting in lieu thereof ", including for the purpose of address-
ing problems of illiteracy among the handicapped", 
(2) by inserting after "available" the following: ", in accord-
ance with regulations,". 
(b) AUTHORIZED USES.—(1) Subsection (b)(4) of section 652 of the 
Act is amended by inserting after "handicapped" the following: ", 
public libraries,". 
(2) Subsection (b)(7) is amended by striking the period and insert-
ing in lieu thereof "; and", and by adding the following: 
"(8) provide by grant or contract for educational media and 
materials for the deaf.". 
(c) NATIONAL THEATRE OF THE DEAF.—Section 652 of the Act is 
amended by adding at the end the following: 
"(c) The Secretary may make grants to or enter into contracts or Grants, 
cooperative agreements with the National Theatre of the Deaf, Inc. Contracts. 
for the purpose of providing theatrical experiences to— 
"(1) enrich the lives of deaf children and adults, 
"(2) increase public awareness and understanding of deafness 
and of the artistic and intellectual achievements of deaf people, 
and 
"(3) promote the integration of hearing and deaf people 
through shared cultural experiences.". 
SEC. 316. AUTHORIZATION. 
Section 653 of the Act (20 U.S.C. 1453) is repealed and section 654 
of the Act (20 U.S.C. 1454) is redesignated as section 653 and 
amended to read as follows: 
"AUTHORIZATION 
"SEC. 653. For the purposes of carrying out this part, there are 20 use 1454. 
authorized to be appropriated $15,000,000 for fiscal year 1987, 
$15,750,000 for fiscal year 1988, and $16,540,000 for fiscal year 
1989.". 
SEC. 
3
1
7
. 
TECHNOLOGY, 
EDUCATIONAL 
MEDIA, 
AND 
MATERIALS 
FOR 
THE 
HANDICAPPED. 
The Act is amended by adding after part F the following: 
20 USC 1451. 
71-19A 0 - 89 - A : QL. 3 Part2 
100 STAT. 1172 
PUBLIC LAW 99-457—OCT. 8, 1986 
"PART G—TECHNOLOGY, EDUCATIONAL MEDIA, AND MATERIALS FOR 
THE HANDICAPPED 
"FINANCIAL ASSISTANCE 
Contracts. 
SEC. 661. The Secretary may make grants or enter into contracts 
20 use 1461. 
or cooperative agreements with institutions of higher education. 
State and local educational agencies, or other appropriate agencies 
and organizations for the purpose of advancing the use of new 
technology, media, and materials in the education of handicapped 
students and the provision of early intervention to handicapped 
infants and toddlers. In carrying out this subsection, the Secretary 
may fund projects or centers for the purposes of— 
"(1) determining how technology, media, and materials are 
being used in the education of the handicapped and how they 
can be used more effectively, 
"(2) designing and adapting new technology, media, and mate-
rials to improve the education of handicapped students, 
"(3) assisting the public and private sectors in the develop-
ment and marketing of new technology, media, and materials 
for the education of the handicapped, and 
"(4) disseminating information on the availability and use of 
new technology, media, and materials for the education of the 
handicapped. 
"AUTHORIZATION OF APPROPRIATIONS 
20 use 1462. 
"SEC. 662. For the purposes of carrying out this part, there are 
authorized to be appropriated $10,000,000 for fiscal year 1987, 
$10,500,000 for fiscal year 1988, and $11,025,000 for fiscal year 1989." 
TITLE IV—MISCELLANEOUS 
SEC. 
4
0
1
. 
REMOVAL 
OF 
ARCHITECTURAL 
BARRIERS. 
Section 607(a) of the Act (20 U.S.C. 1406) is amended by inserting 
"with the Secretary of the Interior and" after 
"cooperative 
agreements". 
SEC. 402. DEFINITIONS. 
Section 602(a) of the Act (20 U.S.C. 1401(a)) is amended— 
(1) in paragraph (11), by striking out "and" at the end of 
subparagraph (D), by striking out the period at the end of 
subparagraph (E) and inserting in lieu thereof "; and", and by 
adding at the end the following: 
"(F) The term includes community colleges receiving funding 
25 use 1801 
from the Secretary of the Interior under Public Law 95-471.", 
note. 
and 
(2) by adding at the end the following: 
"(23)(A) The term 'public or private nonprofit agency or organiza-
tion' includes an Indian tribe. 
"(B) The terms 'Indian', 'American Indian', and 'Indian American' 
mean an individual who is a member of an Indian tribe. 
"(C) The term 'Indian tribe' means any Federal or State Indian 
tribe, band, rancheria, pueblo, colony, or community, including any 
Alaskan native village or regional village corporation (as defined in 
43 use 1601 
or established under the Alaska Native Claims Settlement Act).". 
note. 
PUBLIC LAW 99-457—OCT. 8, 1986 
100 STAT. 1173 
SEC. 403. ALLOCATION; STATE ADMINISTRATION. 
(a) ALLOCATION.—Section 611(aX5)(A) of the Act (20 U.S.C. 
1411(a)(5XA)) is amended to read as follows: 
"(5XA) In determining the allotment of each State under para-
graph (1), the Secretary may not count— 
"(i) handicapped children aged three to seventeen, inclusive, 
in such State under paragraph (IXA) to the extent the number 
of such children is greater than 12 percent of the number of all 
children aged three to seventeen, inclusive, in such State and 
the State serves all handicapped children aged three to five, 
inclusive, in the State pursuant to State law or practice or the 
order of any court, 
"(ii) handicapped children aged five to seventeen, inclusive, in 
such State under paragraph (IXA) to the extent the number of 
such children is greater than 12 percent of the number of all 
children aged five to seventeen, inclusive, in such State and the 
State does not serve all handicapped children aged three to five, 
inclusive, in the State pursuant to State law or practice on the 
order of any court; and 
"(iii) handicapped children who are counted under section 121 
of the Elementary and Secondary Education Act of 1965.". 20 use 2731. 
(b) STATE ADMINISTRATION.—Section 611(cX2XAXii) of the Act (20 
U.S.C. 1411(cX2XAXii)) is amended to read as follows: 
"(ii) the part remaining after use in accordance with clause (i) 
shall be used by the State (I) to provide support services and 
direct services in accordance with the priorities established 
under section 612(3), and (II) for the administrative costs of 20 use 1412. 
monitoring and complaint investigation but only to the extent 
that such costs exceed the costs of administration incurred 
during fiscal year 1985.". 
SEC. 404. INDIANS. 
Subsection (f) of section 611 of such Act (20 U.S.C. 1411) is 
amended to read as follows: 
"(fKD The Secretary shall make payments to the Secretary of the 
Interior according to the need for assistance for the education of 
handicapped children on reservations serviced by elementary and 
secondary schools operated for Indian children by the Department of 
the Interior. The amount of such payment for any fiscal year shall 
be 1.25 percent of the aggregate amounts available to all States 
under this section for that fiscal year. 
"(2) The Secretary of the Interior may receive an allotment under 
paragraph (1) only after submitting to the Secretary an application 
which— 
"(A) meets the applicable requirements of sections 612, 613, 
and 614(a), 
20 use 1412; 
"(B) includes satisfactory assurance that all handicapped chil- post, p. 1174. 
dren aged 3 to 5, inclusive receive a free appropriate public 
^^ ^se 1414. 
education by or before the 1987-1988 school year, 
"(C) includes an assurance that there are public hearings, 
adequate notice of such hearings, and an opportunity for com-
ment afforded to members of tribes, tribal governing bodies, and 
designated local school boards before adoption of the policies, 
programs, and procedures required under sections 612, 613, and 
614(a), and 
"(D) is approved by the Secretary. 
Section 616 shall apply to any such application.". 
20 USC 1416. 
100 STAT. 1174 
PUBLIC LAW 99-457—OCT. 8, 1986 
SEC. 405. QUALIFIED PERSONNEL. 
State and local 
Section 613(a) of the Act (20 U.S.C. 1413) is amended by inserting 
governments. 
at the end thereof the following: 
Ante, p. 1159. 
"(li) policies and procedures relating to the establishment 
and maintenance of standards to ensure that personnel nec-
essary to carry out the purposes of 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 he or she is 
providing special education or related services, and 
"(B) to the extent such standards are not based on the 
highest requirements in the State applicable to a specific 
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.". 
SEC. 406. EVALUATION. 
Section 618 of the Act (20 U.S.C. 1418) is amended to read as 
follows: 
"EVALUATION 
Grants. 
"SEC. 618. (a) The Secretary shall directly or by grant, contract, or 
Contracts. 
cooperative agreement, collect data and conduct studies, investiga-
overnmtnts ^
^ 
tions, and evaluations— 
governmen s. 
^Q^ ^ assess progress in the implementation of this Act, the 
impact, and the effectiveness of State and local efforts and 
efforts by the Secretary of Interior to provide free appropriate 
public education to all handicapped children and youth and 
early intervention services to handicapped infants and toddlers, 
and 
"(2) to provide— 
"(A) Congress with information relevant to policymaking, 
and 
"(B) Federal, State, and local agencies and the Secretary 
of Interior with information relevant to program manage-
ment, administration, and effectiveness with respect to 
such education and early intervention services. 
"(b) In carrying out subsection (a), the Secretary, on at least an 
annual basis, shall obtain data concerning programs and projects 
assisted under this Act and under other Federal laws relating to 
handicapped infants, toddlers, children, and youth, and such addi-
tional information, from State and local educational agencies, the 
Secretary of Interior, and other appropriate sources, as is necessary 
for the implementation of this Act including— 
"(1) the number of handicapped infants, toddlers, children, 
and youth in each State receiving a free appropriate public 
education or early intervention services (A) in age groups 0-2 
and 3-5, and (B) in age groups 6-11, 12-17, and 18-21 by 
disability category, 
"(2) the number of handicapped children and youth in each 
State who are participating in regular educational programs 
(consistent with the requirements of sections 612(5)(B) and 
20 use 1412, 
614(a)(l)(C)(iv)) by disability category, and the number of handi-
1414. 
capped children and youth in separate cleisses, separate schools 
or facilities, or public or private residential facilities, or who 
PUBLIC LAW 99-457—OCT. 8, 1986 
100 STAT. 1175 
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 (A) in age group 3-5, and (B) in age groups 6-11, 
12-17, and 18-21 by disability category 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 
and for early intervention 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 and early intervention services to 
handicapped infants and toddlers by disability category served, 
and the estimated number and tjrpe 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 
and early intervention services needed to fully implement this 
Act throughout each State, including estimates of the number 
of handicapped infants and toddlers in the 0-2 age group and 
estimates of the number of handicapped children and youth (A) 
in age group 3-5 and (B) in age groups 6-11, 12-17, and 18-21 
and by disability category. 
"(c) The Secretary shall, by grant, contract, or cooperative agree- 
Federal 
ment, provide for evaluation studies to determine the impact of this 
Register, 
Act. Each such evaluation shall include recommendations for 
publication. 
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 evaluation priorities for review and 
comment. 
"(dXD The Secretary may enter into cooperative agreements with 
State educational agencies and other State agencies to carry out 
studies to assess the impact and effectiveness of programs assisted 
under this Act. 
"(2) An agreement under paragraph (1) shall— 
"(A) provide for the pa3rment of not to exceed 60 percent of 
the total cost of studies conducted by a participating State 
agency to assess the impact and effectiveness of programs as-
sisted under this 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 and the provision of early 
intervention services to handicapped infants and toddlers. 
"(3) The Secretary shall provide technical assistance to participat-
ing State agencies in the implementation of the study design, analy-
sis, and reporting procedures. 
"(4) In addition, the Secretary shall disseminate information from 
such studies to State agencies, regional resources centers, £md 
clearinghouses established by this Act, and, as appropriate, to others 
involved in, or concerned with, the education of handicapped chil-
dren and youth and the provision of early intervention services to 
handicapped infants and toddlers. 
100 STAT. 1176 
PUBLIC LAW 99-457—OCT. 8, 1986 
Reports. 
20 u s e 1411. 
20 use 
1421-1454; 
Ante, p. 1172. 
Ante, pp. 1159-
1161; 20 u s e 
1426, 1434; 
ante, p. 1169. 
Ante, p. 1172. 
"(e)(1) At least one study shall be a longitudinal study of a sample 
of handicapped students, encompassing the full range of handi-
capping conditions, examining their educational progress while in 
special education and their occupational, educational, and independ-
ent living status after graduating from secondary school or other-
wise 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 shall gather information needed in order to calculate a range of 
per pupil expenditures by handicapping condition. 
"(fKD Not later than 120 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 and early 
intervention services for handicapped infants and toddlers. The 
annual report shall be transmitted to the appropriate committees of 
each House of Congress and published and disseminated in suffi-
cient quantities to the education community at large and to other 
interested parties. 
"(2) The Secretary shall include in each annual report under 
paragraph (1)— 
"(A) a compilation and analysis of data gathered under 
subsection (b), 
"(B) an index and summary of each evaluation activity and 
results of studies conducted under subsection (c), 
"(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 agency, 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 
commensurate with their needs and to improve programs of 
instruction for handicapped children and youth in day or resi-
dential facilities, and 
"(F) any recommendation for change in the provisions of this 
Act or any other Federal law providing support for the edu-
cation of handicapped children and youth. 
"(3) In the annual report under paragraph (1) for fiscal year 1985 
which is 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 G of this title, and 
"(B) data reported under sections 621, 622, 623, 627, 634, 641, 
and 661. 
"(4) In the annual report under paragraph (1) for fiscal year 1988 
which is published in 1989, the Secretary shall include special 
sections addressing the provision of a free appropriate public edu-
cation to handicapped infants, toddlers, children, and youth in rural 
areas and to handicapped migrants, handicapped Indians (particu-
PUBLIC LAW 99-457—OCT. 8, 1986 
100 STAT. 1177 
larly programs operated under section 611(f)), handicapped Native 
Ante, p. 1173. 
Hawaiian, and other native Pacific basin children and youth, handi-
capped infants, toddlers, children and youth of limited English 
proficiency. 
"(5) Beginning in 1986, in consultation with the National Council 
for the Handicapped and the Bureau of Indian Affairs Advisory 
Committee for Exceptional Children, a description of the status of 
early intervention services for handicapped infants and toddlers 
from birth through age two, inclusive, and special education and 
related services to handicapped children from 3 through 5 years of 
age (including those receiving services through Head Start, Devel-
opmental Disabilities Programs, Crippled Children's Services, 
Mental Health/Mental Retardation Agency, and State child-devel-
opment centers and private agencies under contract with local 
schools). 
"(g) There are authorized to be appropriated $3,800,000 for fiscal 
year 1987, $4,000,000 for fiscal year 1988, and $4,200,000 for fiscal 
year 1989 to carry out this section.". 
SEC. 407. REPEAL. 
Section 604 of the Act (20 U.S.C. 1403) is repealed. 
Approved October 8, 1986. 
LEGISLATIVE HISTORY—S. 2294 (H.R. 5520): 
HOUSE REPORTS: No. 99-860 accompanying H.R. 5520 (Comm. on Education and 
Labor). 
SENATE REPORTS: No. 99-315 (Comm. on Labor and Human Resources). 
CONGRESSIONAL RECORD, Vol. 132 (1986): 
June 6, considered and passed Senate. 
Sept. 22, H.R. 5520 considered and passed House; proceedings vacated and 
S. 2294, amended, passed in lieu. 
Sept. 24, Senate concurred in House amendments.