Education of the Handicapped Act Amendments of 1990
PL 101-476 (S.1824), enacted 10/30/1990

PUBLIC LAW 101-476—OCT. 30, 1990 
104 STAT. 1103 
Public Law 101-476 
101st Congress 
An Act 
To amend the Education of the Handicapped Act to revise and extend the programs 
established in parts C through G of such Act, and for other purposes. 
Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled, 
SECTION 1. SHORT TITLE; REFERENCE. 
(a) Short Title.—This Act may be cited as the "Education of the 
Handicapped Act Amendments of 1990". 
(b) REFERENCE.—Except as otherwise provided in section 901, 
whenever in this Act an Eimendment or repeal is expressed in terms 
of an amendment to, or repeal of, a section or other provision, the 
reference shall be considered to be made to a section or other 
provision of the Education of the Handicapped Act. 
TITLE I—GENERAL PROVISIONS 
SEC. 101. DEFINITIONS. 
(a) 
HANDICAPPED 
CHILDREN.—Section 
602(aXl) 
(20 
U.S.C. 
1401(a)(1)) is amended to read as follows: 
"(1) The term 'children with disabilities' means children— 
"(A) with mental retardation, hearing impairments 
including deafness, speech or language impairments, visual 
impairments 
including 
blindness, 
serious 
emotional 
disturbance, orthopedic impairments, autism, traumatic 
brain injury, other health impairments, or specific learning 
disabilities; and 
"(B) who, by reason thereof need special education and 
related services.". 
(b) SPECIAL EDUCATION.—Section 602(a)(16) (20 U.S.C. 1401(a)(16)) 
is amended by striking "including classroom instruction" and all 
that follows and inserting the following: "including— 
"(A) instruction conducted in the classroom, in the home, 
in hospitals and institutions, and in other settings; and 
"(B) instruction in physical education.". 
(c) RELATED SERVICES.—Section 602(aX17) (20 U.S.C. 1401(aX17)) is 
amended— 
(1) by striking "recreation," and inserting "recreation, includ-
ing therapeutic recreation and social work services,"; and 
(2) by inserting ", including rehabilitation counseling," after 
"counseling services,". 
(d) TRANSITION SERVICES.—Section 602(a) (20 U.S.C. 1401(a)) is 
amended by redesignating paragraphs (19) through (23) as para-
graphs (20) through (24), respectively, and by inserting after para-
graph (18) the following new paragraph: 
"(19) The term 'transition services' means a coordinated set of 
activities for a student, designed within an outcome-oriented 
process, which promotes movement from school to post-school 
Oct. 30, 1990 
[S. 1824] 
Education of the 
Handicapped 
Act 
Amendments of 
1990. 
20 u s e 1400 
note. 
49-139 O - 90 (476) 
104 STAT. 1104 
PUBLIC LAW 101-476—OCT. 30, 1990 
activities, including post-secondary education, vocational train-
ing, integrated emplo3mient (including supported employment), 
continuing and adult education, adult services, independent 
living, or community participation. The coordinated set of 
activities shall be based upon the individual student's needs, 
taking into account the student's preferences and interests, and 
shall include instruction, community experiences, the develop-
ment of employment and other post-school adult living objec-
tives, and, when appropriate, acquisition of daily living skills 
and functional vocational evaluation.". 
(e) INDIVIDUAUZED EDUCATION PROGRAM.—Section 602(aX20), as 
redesignated by subsection (d) of this section, is amended— 
(1) by redesignating subparagraphs (D) and (E) as subpara-
graphs (E) and (F), respectively, and by inserting after subpara-
graph (C) the following new subparagraph: 
"(D) a statement of the needed transition services for 
students beginning no later than age 16 and annually 
thereafter (and, when determined appropriate for the 
individual, beginning at age 14 or younger), including, when 
appropriate, a statement of the interagency reponsibilities 
or linkages (
^ r both) before the student leaves the school 
setting,", and 
(2) by inserting after subparagraph (F) (as so redesignated) the 
following: "In the case where a participating agency, other than 
the educational agency, fails to provide agreed upon services, 
the educational agency shall reconvene the lEP team to identify 
alternative strategies to meet the transition objectives.". 
(f) PuBuc O
R PRIVATE NONPROFIT AGENCY OR ORGANIZATION.— 
Section 602(aX24XA), as redesignated by subsection (d) of this sec-
tion, is amended by inserting before the period the following: "and 
the Bureau of Indian Affairs of the Department of the Interior 
(when acting on behalf of schools operated by the Bureau for 
children and students on Indian reservations) and tribally controlled 
schools funded by the Department of the Interior". 
(g) ASSISTIVE TECHNOLOGY DEVICE.—Section 602(a), as amended by 
subsection (d) of this section, is £imended by adding at the end the 
following new paragraph: 
"(25) The term 'assistive technology device' means any item, 
piece of equipment, or product system, whether acquired 
commercially off the shelf, modified, or customized, that is used 
to increase, maintain, or improve functional capabilities of 
individuals with disabilities.". 
(h) ASSISTIVE TECHNOLOGY SERVICE.—Section 602(a), as amended 
by subsection (g) of this section, is amended by adding at the end the 
following new paragraph: 
"(26) The term 'assistive technology service' means any serv-
ice that directly assists an individual with a disability in the 
selection, acquisition, or use of an assistive technolc^y device. 
Such term includes— 
"(A) the evaluation of the needs of an individual with a 
disability, including a functional evaluation of the individ-
ual in the individual's customary environment; 
"(B) purchasing, leasing, or otherwise providing for the 
acquisition of assistive technology devices by individuals 
with disabilities; 
PUBLIC LAW 101-476—OCT. 30, 1990 
104 STAT. 1105 
"(C) selecting, designing, fitting, customizing, adapting, 
appljdng, maintaining, repairing, or replacing of assistive 
technology devices; 
"(D) coordinating and using other therapies, interven-
tions, or services with assistive technology devices, such as 
those associated with existing education and rehabilitation 
plans and programs; 
"(E) training or technical gissistance for an individual 
with disabilities, or, where appropriate, the family of an 
individual with disabilities; and 
"(F) training or technical assistance for professionals 
(including individuals providing education and rehabilita-
tion services), employers, or other individuals who provide 
services to, employ, or are otherwise substantially involved 
in the major life functions of individuals with disabilities.", 
(i) UNDERREPRESENTED.—Section 602(a), as amended by subsection 
(h) of this section, is amended by adding at the end the following 
new paragraph: 
"(27) The term 'underrepresented' means populations such as 
minorities, the poor, the limited English proficient, and individ-
uals with disabilities.". 
SEC. 102. NOTICE OF INQUIRY. 
(a) PUBLICATION.—Not later than 30 days after the date of the Federal 
enactment of the Education of the Handicapped Act Amendments of ^^ujf*^®[- ^ 
1990, the Secretary shall publish a Notice of Inquiry in the Federal ^" ^^^ ^°" 
Register for the purpose of soliciting public comments regarding the 
appropriate components of an operational definition under such Act 
for the term "attention deficit disorder" (hereinafter referred to in 
this section as the "disorder") in accordance with subsection (bX2). 
(b) PUBLIC COMMENT.— 
(1) The Notice of Inquiry published under subsection (a) shall 
provide for a 120-day period for public comment. 
(2) The Notice of Inquiry shall request comments concerning 
the following issues: 
(A) How should the disorder be described operationally 
for purposes of qualifying a child for special education and 
related services under part B of the Education of the Handi-
capped Act. 
(B) What criteria should be included in the definition to 
' 
qualify children with the disorder whose disability is com-
parable in severity to other children with disabilities cur-
rently determined to be eligible for special education and 
related services under part B of the Education of the Handi-
capped Act. 
(C) What specific manifestations of the disorder, if any, 
should be included in the definition. 
(D) Whether the definition should include references to 
t 
characteristics or circumstances that produce transient 
inattentive behaviors that, in and of themselves, would not 
make a child eligible for special education and related 
services under the definition of the disorder. 
(E) Whether the definition should address the concur-
rence of this disorder with other disabilities such as specific 
learning disabilities or serious emotional disturbance, and 
if so addressed, the manner in which such is to be accom-
plished. 
104 STAT. 1106 
PUBLIC LAW 101-476—OCT. 30, 1990 
(F) Whether guidelines should be provided to State and 
local educational agencies regarding their obligation to con-
duct £in evaluation of a child suspected of having this 
disorder, and a description of such guidelines. 
(G) Who should be authorized to conduct an assessment of 
a child having or suspected of having the disorder and 
whether the assessment should be conducted by more than 
one individual (such as a teacher and a psychologist). 
(H) What provisions should be included in the definition 
and what additional steps, if any, not currently required by 
the regulations implementing part B of the Education of 
the Handicapped Act, should be included to ensure that 
racial, ethnic, and linguistic minorities are not misclassified 
under this definition. 
(c) REPORT TO COMMITTEES.—Not later than 30 days after the close 
of the comment period referred to in subsection G))(l), the Secretary 
shall transmit the public comments received in response to the 
Notice of Inquiry in a usable form, accompanied by a document 
summarizing such comments, to the Committee on Labor and 
Humsm Resources of the Senate and the Committee on Education 
and Labor of the House of Representatives. 
SEC. 103. ABROGATION OF STATE SOVEREIGN IMMUNITY. 
Part A (20 U.S.C. 1400 et seq.) is amended by inserting after 
section 603 the following new section: 
"ABROGATION OF STATE SOVEREIGN IMMUNITY 
20 use 1403. 
"SEC. 604. (a) A State shall not be immune under the eleventh 
amendment to the Constitution of the United States from suit in 
Federal court for a violation of this Act. 
"(b) In a suit against a State for a violation of this Act, remedies 
(including remedies both at law and in equity) are available for such 
a violation to the same extent as such remedies are available for 
such a violation in the suit against any public entity other than a 
State. 
"(c) The provisions of subsections (a) and (b) shall take effect with 
respect to violations that occur in whole or part after the date of the 
enactment of the Education of the Handicapped Act Amendments of 
1990.". 
SEC. 104. REPORTS, EVALUATIONS, FINDINGS, AND OTHER PROVISIONS 
GENERALLY APPLICABLE TO PARTS C THROUGH G. 
Part A (20 U.S.C. 1400 et seq.) is amended by adding at the end the 
following new section: 
"ADMINISTRATIVE PROVISIONS APPUCABLE TO PARTS C THROUGH G AND 
SECTION 618 
20 use 1409. 
"SEC. 610. (a) The Secretary shall maintain a process for develop-
ing a program plan for the implementation of each of the programs 
authorized under section 618 and parts C through G. The plan shall 
include program goals, objectives, strategies, and priorities. In 
conducting the process, the Secretary shall involve individuals with 
disabilities, parents, professionals, and representatives of State and 
local educational agencies, private schools, institutions of higher 
education, and nationsd organizations who have interest and exper-
tise in the program. 
PUBLIC LAW 101-476—OCT. 30, 1990 
104 STAT. 1107 
"Ot)) In awarding grants, contracts, and cooperative agreements 
under parts C through G, the Secretary, where appropriate, shall 
require applicants to demonstrate how they will address, in whole or 
in part, the needs of infants, toddlers, children, and youth with 
disabilities from minority bacl^grounds. 
"(c) In awarding grants, contracts, or cooperative agreements 
under parts C through G the Secretary, where appropriate, may 
require applicants to address the various transitions that a child 
with a disability may face throughout such child's years in school, 
including— 
"(1) the transition from medical care to special education for 
those children with disabilities, including chronic health 
impairments, who may require individualized health-related 
services to enable such children to participate in, or benefit 
from, special education; 
"(2) the transition between residential placement and commu-
nity-based special education services; and 
"(3) the transition between a separate educational placement 
and the regular classroom setting. 
"(d) The Secretary shall conduct directly, or by contract or co-
operative agreement with appropriate entities, independent evalua-
tions of the programs authorized under section 618 and under parts 
C through G, and may for such purpose use funds appropriated to 
carry out such provisions. The findings of the evaluators shall be 
utilized in the planning process under subsection (a) for the purpose 
of improving the programs. The evaluations shall determine the 
degree to which the program is being conducted consistent with the 
program plan and meeting its goals and objectives. The Secretary 
shall submit to the appropriate committees of the Congress the 
results of the evaluations required by this subsection. 
"(e) The Secretary shall report on the program plans required in 
subsection (a) and findings from the evaluations under subsection (d) 
in the annual report to the Congress required under section 618. 
"(f) The Secretary shall develop effective procedures for acquiring 
and disseminating information derived from programs and projects 
funded under parts C through G, as well as information generated 
from studies conducted and data collected under section 618. 
"(g) The Secretary shall, where appropriate, require recipients of 
all grants, contracts, and cooperative agreements under parts C 
through G to prepare reports describing their procedures, findings, 
and other relevant information in a form that will maximize the 
dissemination and use of such procedures, findings, and information. 
The Secretary shall require their delivery, as appropriate, to the 
Regional and Federal Resource Centers, the Clearinghouses, and the 
Technical Assistance to Parents Programs (TAPP) assisted under 
parts C and D, as well as the National Diffusion Network, the ERIC 
Clearinghouse on the Handicapped and Gifted, and the Child and 
Adolescent Service Systems Program (CASSP) under the National 
Institute of Mental Health, appropriate parent and professional 
organizations, organizations representing individuals with disabil-
ities, and such other networks as the Secretary may determine to be 
appropriate. 
"(h)(1) The Secretary shall convene, in accordance with paragraph 
(2), panels of experts who are competent, by virtue of their training 
or experience, to evaluate proposals under section 618 and parts C 
through G. 
Infants and 
children. 
Minorities. 
Government 
contracts. 
104 STAT. 1108 
PUBLIC LAW 101-476—OCT. 30, 1990 
"(2) Panels under paragraph (1) shall be composed of individuals 
with disabilities, parents of such individuals, individuals from the 
fields of special education, related services, and other relevant 
disciplines. 
"(3) The Secretary shall convene panels under paragraph (1) for 
any application that includes a total funding request exceeding 
$60,000 and may convene or otherwise appoint panels for applica-
tions that include funding requests that are less than such amount. 
"(4) Panels under paragraph (1) 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 of Education and 
shall be provided consultant fees at such a rate. 
"(5) The Secretary may use funds available under section 618 and 
parts C through G to pay expenses and fees of non-Federal members 
of the panels. 
"(i) The Secretary shall conduct at least 1 site visit for each grant, 
contract, and cooperative agreement receiving $300,000 or more 
annually under parts C through G. 
"(jXl) With respect to the discretionary programs authorized by 
parts C through G, the Congress finds as follows: 
"(A)(i) The Federal Government must be responsive to the 
growing needs of an increeisingly more diverse society. A more 
equitable allocation of resources is essential for the Federal 
Government to meet its responsibility to provide an equal edu-
cational opportunity for all individuals. 
"(ii) America's racial profile is rapidly changing. While the 
rate of increase for white Americans is 3.2 percent, the rate of 
increase for racial and ethnic minorities is much higher: 38.6 
percent for Hispanics, 14.6 percent for African-Americans, and 
40.1 percent for Asians and other ethnic groups. 
"(iii) By the year 2000, this Nation will have 260,000,000 
people, one of every three of whom will be either African-
American, Hispanic, or Asian-American. 
"(iv) Taken together as a group, it is a more frequent 
phenomenon for minorities to comprise the majority of public 
school students. Large city school populations are overwhelm-
ingly minority, e.g., Miami, 71 percent; Philadelphia, 73 per-
cent; Baltimore, 80 percent. 
"(v) Recruitment efforts within special education at the level 
of preservice, continuing education, and practice must focus on 
bringing larger numbers of minorities into the profession in 
order to provide appropriate practitioner knowledge, role 
models, and sufficient manpower to address the clearly chang-
ing demography of special education. 
"(vi) The limited English proficient population is the fastest 
growing in our Nation, and the growth is occurring in many 
parts of our Nation. In the Nation's 2 largest school districts, 
limited-English students make up almost half of Eill students 
initially entering school at the kindergarten level. Studies have 
documented apparent discrepancies in the levels of referral and 
placement of limited-English proficient children in special edu-
cation. The Department of Education has found that services 
provided to limited-English proficient students often do not 
respond primarily to the pupil's academic needs. These trends 
pose special challenges for special education in the referral. 
PUBLIC LAW 101-476—OCT. 30, 1990 
104 STAT. 1109 
assessment, and services for our Nation's students from non-
English language backgrounds. 
"(B)(i) Greater efforts are needed to prevent the intensifica-
tion of problems connected with mislabeling and high dropout 
rates among minority children with disabilities. 
"(ii) More minority children continue to be served in special 
education than would be expected from the percentage of minor-
ity students in the general school population. 
"(iii) Poor African-American children are 3.5 times more 
likely to be identified by their teacher as mentally retarded 
than their white counterpart. 
"(iv) Although African-Americans represent 12 percent of 
elementary and secondary enrollments, they constitute 28 per-
cent of total enrollments in special education. 
"(v) The drop out rate is 68 percent higher for minorities than 
for whites. 
"(vi) More than 50 percent of minority students in large cities 
drop out of school. 
"(C)(i) The opportunity for full participation in awards for 
grants and contracts; boards of organizations receiving funds 
under this Act; and peer review panels; and training of profes-
sionals in the area of special education by minority individuals, 
organizations, and historically Black colleges and universities is 
essential if we are to obtain greater success in the education of 
minority children with disabilities. 
"(ii) In 1989, of the 661,000 college and university professors, 
4.6 percent were African-American and 3.1 percent were His-
panic. Of the 3,600,000 teachers, prekindergarten through high 
school, 9.4 percent were African-American and 3.9 percent were 
Hispanic. 
"(iii) Students from minority groups comprise more than 50 
percent of K-12 public school enrollment in seven States yet 
minority enrollment in teacher training programs is less than 
15 percent in all but six States. 
"(iv) As the number of African-American and Hispanic stu-
dents in special education increases, the number of minority 
teachers and related service personnel produced in our colleges 
and universities continues to decrease. 
"(v) Ten years ago, 12.5 percent of the United States teaching 
force in public elementary and secondary schools were members 
of a minority group. Minorities comprised 21.3 percent of the 
national 
population 
at 
that 
time 
and 
were 
clearly 
underrepresented then among employed teachers. Today, the 
elementary and secondary teaching force is 3 to 5 percent 
minority, while one-third of the students in public schools are 
minority children. 
"(vi) As recently as 1984-85, Historically Black Colleges and 
Universities (HBCUs) supplied nearly half of the African-Amer-
ican teachers in the Nation. However, in 1988, HBCUs received 
only 2 percent of the discretionary funds for special education 
and related services personnel training. 
"(vii) While African-American students constitute 28 percent 
of total enrollment in special education, only 11.2 percent of 
individuals enrolled in preservice training programs for special 
education are African-American. 
39-194 O - 91 - 5 : QL 3 Part 2 
104 STAT. 1110 
PUBLIC LAW 101-476—OCT. 30, 1990 
"(viii) In 1986-87, of the degrees conferred in education at the 
B.A., M.A., and Ph.D levels, only 6, 8, eind 8 percent, respec-
tively, were awarded to African-American or Hispanic students. 
"(D) Minorities and underserved persons are socially dis-
advantaged because of the lack of opportunities in training and 
educational programs, undergirded by the practices in the pri-
vate sector that impede their full participation in the main-
stream of society. 
"(2) The Congress further finds that these conditions can be 
greatly improved by providing opportunities for the full participa-
tion of minorities through the implementation of the following 
recommendations: 
"(A) Implementation of a policy to mobilize the Nation's 
resources to prepare minorities for careers in special education 
and related services. 
"(B) This policy should focus on— 
"(i) the recruitment of minorities into teaching; and 
"(ii) financially assisting HBCUs and other institutions of 
higher education (whose minority student enrollment is at 
least 25 percent) to prepare students for special education 
and related service careers. 
"(C)(i) The Secretary shall develop a plan for providing out-
reach services to the entities described in clause (ii) in order to 
increase the participation of such entities in competitions for 
grants, contracts, and cooperative agreements under any of 
parts C through G. 
"(ii) The entities referred to in clause (i) are— 
"(I) Historically Black Colleges and Universities and 
other institutions of higher education whose minority stu-
dent enrollment is at least 25 percent; 
"(II) eligible institutions as defined in section 312 of the 
Higher Education Act of 1965; 
"(III) nonprofit and for-profit agencies at least 51 percent 
owned or controlled by one or more minority individuals; 
and 
"(IV) underrepresented populations, 
"(iii) For the purpose of implementing the plan required in 
clause (i), the Secretary shall, for each of the fiscal years 1991 
through 1994, expend 1 percent of the funds appropriated for 
the fiscal year involved for carrying out parts C through G. 
"(3) The Secretary shall exercise his/her utmost authority, 
resourcefulness, and diligence to meet the requirements of this 
subsection. 
"(4) Not later than January 31 of each year, starting with fiscal 
year 1991, the Secretary shall submit to Congress a final report on 
the progress toward meeting the goals of this subsection during the 
preceding fiscal year. The report shall include— 
"(i) a full explanation of any progress toward meeting the 
goals of this subsection; and 
"(ii) a plan to meet the goals, if necessary.". 
PUBLIC LAW 101-476—OCT. 30, 1990 
104 STAT. 1111 
TITLE II—ASSISTANCE FOR EDUCATION 
OF ALL HANDICAPPED INDIVIDUALS 
SEC. 201. SETTLEMENTS AND ALLOCATIONS. 
Section 611(f) (20 U.S.C. 1411(f)) is amended— 
(1) in paragraph (1), in the first sentence, by inserting "(A)" 
after "reservations" and by inserting before the period the 
following: ", and (B) for whom services were provided through 
contract with an Indian tribe or organization prior to fiscal year 
1989"; and 
(2) by adding at the end the following new paragraph: 
"(3) Before March 1, 1991, the Secretary of the Interior shall 
submit to the appropriate C!ommittees of the Congress a plan for the 
provision of services under this Act to all children with disabilities 
residing on reservations, whether or not such reservation is served 
by a B.I.A. funded school. Such plan shall provide for the coordina-
tion of services benefiting these children from whatever source, 
including Tribes, the State in which the child resides and entities of 
such State, the Indian Health Service, other B.I.A. divisions and 
other Federal agencies. In developing such a plan, the Secretary 
shall consult with all interested and involved parties. Such a plan 
may not be based upon a blanket assumption or interpretation that 
denies Federal or Interior responsibility for any group or class of 
children or settings, but shall be based upon the needs of the 
children and the system best suited for meeting those needs, and 
may involve the establishment of service agreements between the 
B.I.A. and other entities.". 
SEC. 202. STATE PLANS. 
Section 613(a)(3) (20 U.S.C. 1413(a)(3)) is amended to read as 
follows: 
"(3) describe, consistent with the purposes of this Act, a 
comprehensive system of personnel development that shall 
include— 
"(A) a description of the procedures and activities the 
State will undertake to ensure an adequate supply of quali-
fied special education and related services personnel, 
including— 
"(i) the development and maintenance of a system for 
determining, on an annual basis— 
"(I) the number and type of personnel, including 
leadership personnel, that are employed in the 
provision of special education and related services, 
by area of specialization, including the number of 
such personnel who are employed on an emer-
gency, provisional, or other basis, who do not hold 
appropriate State certification or licensure; and 
"(II) the number and type of personnel, including 
leadership personnel, needed, and a projection of 
the numbers of such personnel that will be needed 
in five years, based on projections of individuals to 
be served, retirement and other leaving of person-
nel from the field, and other relevant factors; 
"(ii) the development and maintenance of a system 
for determining, on an annual basis, the institutions of 
104 STAT. 1112 
PUBLIC LAW 101-476—OCT. 30, 1990 
higher education within the State that are preparing 
special education and related services personnel, 
including leadership personnel, by area of specializa-
tion, including— 
"(I) the numbers of students enrolled in such 
programs, and 
"(11) the number who graduated with certifi-
cation or licensure, or with credentials to qualify 
for certification or licensure, during the past year; 
and 
"(iii) the development, updating, and implementation 
of a plan that— 
"(I) will address current and projected special 
education and related services personnel needs, 
including the need for leadership personnel; and 
"(II) coordinates and facilitates efforts among 
State and local educational agencies, institutions of 
higher education, and professional associations to 
recruit, prepare, and retain qualified personnel, 
including personnel from minority backgrounds, 
and personnel with disabilities; and 
"(B) a description of the procedures and activities the 
State will undertake to ensure that all personnel necessary 
to carry out this part are appropriately and adequately 
prepared, including— 
"(i) a system for the continuing education of regular 
and special education and related services personnel; 
"(ii) procedures for acquiring and disseminating to 
teachers, administrators, and related services person-
nel significant knowledge derived from education re-
search and other sources; and 
"(iii) procedures for adopting, where appropriate, 
promising practices, materials, and technology.". 
Grant programs. 
SEC. 203. EVALUATION 
Government 
contracts. 
20 u s e 1418 
Government 
Section 618 is amended to read as follows: 
contracts. 
EVALUATION AND PROGRAM INFORMATION 
"SEC. 618. (a) The Secretary shall, directly or by grant, contract, or 
cooperative agreement, collect data and conduct studies, investiga-
tions, analyses, and evaluations— 
"(1) to assess progress in the implementation of this Act; 
"(2) to assess the impact and effectiveness of State and local 
efforts, and efforts by the Secretary of the Interior, to provide— 
"(A) free appropriate public education to children and 
youth with disabilities; and 
"(B) early intervention services to infants and toddlers 
with disabilities; and 
"(3) to provide— 
"(A) Congress with information relevant to policymaking; 
and 
"(B) State, local, and Federal agencies, including the 
Department of the Interior, with information relevant to 
program 
management, 
administration, 
delivery, 
and 
effectiveness with respect to such education and early inter-
vention services. 
PUBLIC LAW 101-476—OCT. 30, 1990 
104 STAT. 1113 
"(bXD In carrying out subsection (a), the Secretary, on at least an 
annual basis (except as provided in subparagraph (E)), shall obtain 
data concerning programs and projects assisted under this Act and 
under other Federal laws relating to infants, toddlers, children, and 
youth with disabilities, and such additional information, from State 
and local educationed agencies, the Secretary of the Interior, and 
other appropriate sources, including designated lead agencies under 
part H (except that during fiscal year 1992 such entities may not 
under this subsection be required to provide data regarding trau-
matic brain injury or autism), including— 
"(A) the number of infants, toddlers, children, and youth with 
disabilities in each State receiving a free appropriate public 
education or early intervention services— 
"(i) in age groups 0-2 and 3-5, and 
"(ii) in age groups 6-11, 12-17, and 18-21, by disability 
category; 
"(B) the number of children and youth with disabilities in 
each State, by disability category, who— 
(i) are participating in regular educational programs 
(consistent with the requirements of section 612(5XB) 
and 614(aXlXCXiv)); 
(ii) are in separate classes, separate schools or facili-
ties, or public or private residential facilities; or 
(iii) have been otherwise removed from the regular 
education environment; 
"(C) the number of children and youth with disabilities 
exiting the educational system each year through program 
completion or otherwise, by disability category, for each year of 
age from age 14 through 21; 
"(D) the number and type of personnel that are employed in 
the provision of— 
"(i) special education and related services to children and 
youth with disabilities, by disability category served; and 
"(ii) early intervention services to infants and toddlers 
with disabilities; and 
"(E) at least every three years, using the data collection 
method the Secretary finds most appropriate, a description of 
the services expected to be needed, by disability category, for 
youth with disabilities in age groups 12-17 and 18-21 who have 
left the educational system. 
"(2) Beginning with fiscal year 1993, the Secretary shall obtain 
and report data from the States under section 613(aX3)(A), including 
data addressing current and projected special education and related 
services needs, and data on the number of personnel who are 
employed on an emergency, provisional, or other basis, who do not 
hold appropriate State certification or licensure, and other data for 
the purpose of meeting the requirements of this subsection pertain-
ing to special education and related services personnel. 
'(3) The Secretary shall provide, directly or by grant, contract, or 
cooperative agreement, technical assistance to State agencies 
providing the data described in paragraphs (1) and (2) to achieve 
accurate and comparable information. 
"(cXD The Secretary shall make grants to, or enter into contracts 
or cooperative agreements with, State or local educational agencies, 
institutions of higher education, public agencies, and private non-
profit organizations, and, when necessary because of the unique 
nature of the study, private-for-profit organizations, for the purpose 
Infants and 
children. 
Reports. 
104 STAT. 1114 
PUBLIC LAW 101-476—OCT. 30, 1990 
of conducting studies, analyses, syntheses, and investigations for 
improving program management, administration, delivery, and 
effectiveness necessary to provide full educational opportunities and 
early interventions for all children with disabilities from birth 
through age 21. Such studies and investigations shall gather 
information necessary for program and system improvements 
including— 
"(A) developing effective, appropriate criteria and procedures 
to identify, evaluate, and serve infants, toddlers, children, and 
youth with disabilities from minority backgrounds for purposes 
of program eligibility, program planning, delivery of services, 
program placement, and parental involvement; 
"(B) planning and developing effective early intervention 
services, special education, and related services to meet the 
complex and changing needs of infants, toddlers, children, and 
youth with disabilities; 
"(C) developing and implementing a comprehensive system of 
personnel development needed to provide qualified personnel in 
sufficient number to deliver special education, related services, 
and early intervention services; 
"(D) developing the capacity to implement practices having 
the potential to integrate children with disabilities, to the maxi-
mum extent appropriate, with children who are not disabled; 
"(E) effectively allocating and using human and fiscal re-
sources for providing early intervention, special education, and 
related services; 
"(F) strengthening programs and services to improve the 
progress of children and youth with disabilities while in special 
education, and to effect a successful transition when such chil-
dren and youth leave special education; 
"(G) achieving interagency coordination to maximize resource 
utilization and continuity in services provided to infants, tod-
dlers, children, and youth with disabilities; 
"(H) strengthening parent-school communication and co-
ordination to improve the effectiveness of planning and delivery 
of interventions and instruction, thereby enhancing develop-
ment and educational progress; and 
"(I) the identification of environmental, organizational, re-
source, and other conditions necessary for effective professional 
practice. 
"(2)(A) The studies and investigations authorized under this 
subsection may be conducted through surveys, interviews, case 
studies, program implementation studies, secondary data analyses 
and syntheses, and other appropriate methodologies. 
"(B) The studies and investigations conducted under this subsec-
tion shall address the information needs of State and local 
educational agencies for improving program management, adminis-
tration, delivery, and effectiveness. 
"(3) The Secretary shall develop and implement a process for the 
on-going identification of national program information needed for 
improving the management, administration, delivery, and effective-
ness of programs and services provided under this Act. The process 
shall identify implementation issues, desired improvements, and 
information needed by State and local agencies to achieve such 
improvements, and shall be conducted in cooperation with State 
educational agencies that can ensure broad-based statewide input 
Federal 
from each cooperating State. The Secretary shall publish for public 
publication. 
PUBLIC LAW 101-476—OCT. 30, 1990 
104 STAT. 1115 
comment in the Federal Register every 3 years a program informa-
tion plan describing such information nee<k. Such program informa-
tion plan shall be used to determine the priorities for, and activities 
carried out under, this subsection to produce, organize, and increase 
utilization of program information. Such program information plan 
shall be included in the annual report submitted under section 618 
every 3 years. 
"(4) In providing funds under this subsection, the Secretary shall 
require recipients to prepare their procedures, findings, and other 
relevant information in a form that will maximize their dissemina-
tion and use, especially through dissemination networks and mecha-
nisms authorized by this Act, and in a form for inclusion in the 
annual report to Congress authorized under subsection (g). 
"(dXD The Secretary shall enter into cooperative agreements with 
State educational agencies and other State agencies to carry out 
studies to assess the impact and effectiveness of programs, policies, 
and procedures assisted under this Act. 
"(2) The agreements referred to in paragraph (1) shall— 
"(A) provide for the pajnnent of not more than 60 percent of 
the total cost of studies conducted by a participating State 
agency to assess the impact and effectiveness of this Act; and 
"(B) be developed in consultation with the State Advisory 
Panel established under section 613(aX12), local educational 
agencies, and others involved in, or concerned with, the edu-
cation of children and youth with disabilities and the provision 
of early intervention services to infants and toddlers with 
disabilities. 
"(3) The Secretary shall provide technical assistance to participat-
ing State agencies in the implementation of the study design, analy-
sis, and reporting procedures. 
"(eXD The Secretary shall by grant, contract, or cooperative 
agreement, provide for special studies to assess progress in the 
implementation of this Act, and to assess the impact and effective-
ness of State and local efforts and efforts by the Secretary of the 
Interior to provide free appropriate public education to children and 
youth with disabilities, and early intervention services to infants 
and toddlers with disabilities. Reports from such studies shall in-
clude recommendations for improving programs and services to such 
individuals. The Secretary shall, beginning in fiscal year 1993 and Federal 
for every third year thereafter, submit to the appropriate commit- ^e}?*®y"? 
tees of each House of the Congress and publish in the Federal Publication. 
Register proposed priorities for review and comment. 
' (2) In selecting priorities for fiscal years 1991 through 1994, the 
Secretary may give first consideration to— 
"(A) completing a longitudinal study of a sample of students 
with disabilities, examining— 
"(i) the full range of disabling conditions; 
"(ii) the educational progress of students with disabilities 
while in special education; and 
"(iii) the occupational, educational, and independent 
living status of students with disabilities after graduating 
from 
secondary school or otherwise leaving 
special 
education. 
"(B) conducting pursuant to this subsection a nationally rep-
resentative study focusing on the types, number, and intensity 
of related services provided to children with disabilities by 
disability category. 
104 STAT. 1116 
PUBLIC LAW 101-476—OCT. 30, 1990 
"(C) conducting pursuant to this subsection a study that 
examines the degree of disparity among States with regard to 
the placement in various educational settings of children and 
youth with similar disabilities, especially those with mental 
retardation, and, to the extent that such disparity exists, the 
factors that lead such children and youth to be educated in 
significantly different educational settings. 
"(D) conducting pursuant to this subsection a study that 
examines the factors that have contributed to the decline in the 
number of children classified as mentally retarded since the 
implementation of this Act, and examines the current disparity 
among States in the percentage of children so classified. 
"(E) conducting pursuant to this subsection a study that 
examines the extent to which out-of-community residential pro-
grams are used for children and youth who are seriously 
emotionally disturbed, the factors that influence the selection of 
such placements, the degree to which such individuals transi-
tion back to education programs in their communities, and the 
factors that facilitate or impede such transition. 
"(F) conducting pursuant to this subsection a study that 
examines (i) the factors that influence the referral and place-
ment decisions and types of placements, by disability category 
and English language proficiency, of minority children relative 
to other children, (ii) the extent to which these children are 
placed in regular education environments, (iii) the extent to 
which the parents of these children are involved in placement 
decisions and in the development and implementation of the 
individualized education program and the results of such 
participation, and (iv) the type of support provided to parents of 
these children that enable these parents to understand and 
participate in the educational process. 
"(f) The Secretary shall make grants to, or enter into contracts or 
cooperative agreements with. State or local educational agencies, 
institutions of higher education, other public agencies, and private 
nonprofit organizations to support activities that organize, sjm-
thesize, interpret, and integrate information obtained under subsec-
tions (c) and (e) with relevant knowledge obtained from other 
sources. Such activities shall include the selection and design of 
content, formats, and means for communicating such information 
effectively to specific or general audiences, in order to promote the 
use of such information in improving program administration and 
mangigement, and service delivery and effectiveness. 
"(g)(1)(A) The Secretary is authorized to conduct activities, di-
rectly or by grant, contract, or cooperative agreement, to prepare an 
annual report on the progress being made toward the provision of— 
"(i) a free appropriate public education to all children and 
youth with disabilities; and 
"(ii) early intervention services for infants and toddlers with 
disabilities. 
Reports. 
"(B) Not later than 120 days after the close of each fiscal year, the 
Secretary shall transmit a copy of the report authorized under 
subparagraph (A) to the appropriate committees of each House of 
Congress. The annual report shall be published and disseminated in 
sufficient quantities to the education and disability communities 
and to other interested parties. 
"(2) The Secretary shall include in each annual report under 
paragraph (1)— 
PUBLIC LAW 101-476—OCT. 30, 1990 
104 STAT. 1117 
"(A) a compilation and analysis of data gathered under 
subsection (b) and under part H; and 
"(B) a description of findings and determinations resulting 
from monitoring reviews of State implementation of this part, 
"(3) In the annual report under paragraph (1) for fiscal year 1991 
(which is published in 1992) 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; and 
"(B) data reported under sections 622 and 634. 
"(4) The Secretary shall include in each annual report under 
paragraph (1) the results of research and related activities con-
ducted under part E that the Secretary determines are relevant to 
the effective implementation of this Act. 
"(5) The Secretary shall, in consultation with the National Coun-
cil on Disability and the Bureau of Indian Affairs Advisory Commit-
tee for Exceptional Children, include a description of the status of 
early intervention services for infants and toddlers with disabilities 
from birth through age 2, and special education and related services 
to children with disabilities from 3 through 5 years of age (including 
those receiving services through Head Start, developmental disabil-
ities programs, crippled children's services, mental health/mental 
retardation agencies, and State child-development centers and pri-
vate agencies under contract with local schools). 
"(h) There are authorized to be appropriated $12,000,000 for fiscal 
year 1991 and such sums as may be necessary for fiscal years 1992 
through 1994 to carry out the purposes of this section and not more 
than 30 percent may be used to carry out the purposes of subsection 
(e) of this section.". 
Infants and 
children. 
Appropriation 
authorizations. 
TITLE III—CENTERS AND SERVICES TO 
MEET SPECIAL 
NEEDS 
OF HANDI-
CAPPED INDIVIDUALS 
SEC. 301. REGIONAL RESOURCE AND FEDERAL CENTERS. 
(a) AMENDMENTS TO SUBSECTION (a).—Section 621(a) (20 U.S.C. 
1421(a)) is amended— 
(1) in the first sentence, by striking "regional resource cen-
ters." and inserting the following: "regional resource centers 
that focus on special education and related services and early 
intervention services."; 
(2) in the second sentence— 
(A) by striking "training to State" and inserting "train-
ing, as requested, to State"; and 
(B) by inserting after "agencies providing" the following: 
"special education and related services and"; 
(3) in the third sentence, by striking "center" the second place 
such term appears and all that follows and inserting "center."; 
and 
(4) in paragraph (3), by striking "relevant projects conducted 
by" and inserting "relevant programs and projects conducted 
under parts C through G and by". 
(b) AMENDMENTS TO SUBSECTION Ot)).—Section 621(b) (20 U.S.C. 
1421(b)) is amended by striking "shall consider" and inserting "shall 
104 STAT. 1118 
PUBLIC LAW 101-476—OCT. 30, 1990 
utilize criteria for setting criteria that are consistent with the needs 
identified by States within the region served by such center, consist-
ent with requirements established by the Secretary under subsec-
tion (f), and, to the extent appropriate, consistent with requirements 
under section 610, and shall consider". 
(c) AMENDMENTS TO SUBSECTION (d).—Section 621(d) (20 U.S.C. 
1421(d)) is amended by inserting at the end thereof the following 
new sentence: "Such coordinating technical assistance center is 
authorized to— 
"(1) 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 £ind parts D through G, and 
shall make such information available to the regional resource 
centers on request; 
"(2) give priority to providing technical assistance concerning 
the education of children with disabilities from minority back-
grounds; 
"(3) exchange information with, and, where appropriate, 
cooperate with, other centers addressing the needs of children 
with disabilities from minority backgrounds; and 
"(4) provide assistance to State educational agencies, through 
the regional resource centers, for the training of hearing 
officers.". 
(d) NEW SUBSECTION.—Section 621 (20 U.S.C. 1421) is amended by 
adding at the end the following new subsection: 
"(f)(1) The Secretary shall develop guidelines and criteria for the 
operation of Regional and Federal Resource Centers. In developing 
such criteria and guidelines, the Secretary shall establish a panel 
representing the Office of Special Education Programs staff. State 
special education directors, representatives of disability advocates, 
and, when appropriate, consult with the regional resource center 
directors. 
"(2) Such guidelines and criteria shall include— 
"(A) a description of how the Federal and Regional Resource 
Centers Program will be administered by the Secretary; 
"(B) a description of the geographic region each Center is 
expected to serve; 
"(C) a description of the role of a Center in terms of expected 
leadership and dissemination efforts; 
"(D) a description of expected relationships with State agen-
cies, research and demonstration centers, and with other enti-
ties deemed necessary; 
"(E) a description of how a Center will be evaluated; and 
"(F) other guidelines and criteria deemed necessary. 
^ed?ral 
"(3) The Secretary shall publish in the Federal Register by July 1, 
pubUcation. 
1991, for review and comment, proposed and (then following such 
review and comment) final guidelines developed by the panel.". 
SEC. 302. SERVICES FOR DEAF-BLIND CHILDREN AND YOUTH. 
(a) AMENDMENTS TO SUBSECTION (a).—Section 622(a) (20 U.S.C. 
1422(a)) is amended— 
(1) in paragraph (1)— 
(A) in the matter preceding subparagraph (A), by insert-
ing "local educational agencies, and designated lead agen-
cies under part H" after State educational agencies"; 
(B) in subparagraph (A) by— 
PUBLIC LAW 101-476—OCT. 30, 1990 
104 STAT. 1119 
(i) inserting "infants, toddlers," before "children and 
youth"; and 
(ii) striking "special education and related services" 
and inserting in lieu thereof "special education, early 
intervention, and related services"; 
(C) in subparagraph (B), by amending such subparagraph 
to read £is follows: 
"(B) make available to deaf-blind youth (who are in the 
process of transitioning into adult services) programs, services, 
and supports to facilitate such transition, including assistance 
related to independent living and competitive employment."; 
(2) by redesignating paragraphs (2) through (4) £is paragraphs 
(3) through (5), respectively, and by inserting after paragraph (1) 
the following new paragraph: 
"(2) For purposes of this section, the term 'deaf-blind', with respect 
to children and youth, means having auditory and visual impair-
ments, the combination of which creates such severe communication 
and other developmental and learning needs that they cannot be 
appropriately educated in special education programs solely for 
children and youth with hearing impairments, visual impairments, 
or severe disabilities, without supplementary assistance to address 
their educational needs due to these dual, concurrent disabilities."; 
(3) by amending paragraph (3) (as redesignated by paragraph 
(2) of this subsection) to read as follows: 
"(3)(A) A grant, cooperative agreement, or contract may be 
made under paragraph (1)(A) only for programs providing— 
"(i) technical sissistance to agencies, institutions, or 
organizations providing educational or early intervention 
services to deaf-blind infants, toddlers, children, or youth; 
"(ii) preservice or inservice training to paraprofessionals, 
professionals, or related services personnel preparing to 
serve, or serving, deaf-blind infants, toddlers, children, or 
youth; 
"(iii) replication of successful innovative approaches to 
providing educational, early intervention, or related serv-
ices to deaf-blind infants, toddlers, children, and youth; 
"(iv) pilot projects that are designed to— 
"(I) expand local educational agency capabilities by 
providing services to deaf-blind children and youth that 
supplement services already provided to children and 
youth through State and local resources; and 
"(II) encourage eventual assumption of funding 
responsibility by State and local authorities; 
"(v) the development, improvement, or demonstration of 
new or existing methods, approaches, or techniques that 
contribute to the adjustment and education of deaf-blind 
infants, toddlers, children, and youth; or 
"(vi) facilitation of parental involvement in the education 
of their deaf-blind infants, toddlers, children, and youth. 
"(B) The programs described in subparagraph (A) may 
include— 
"(i) the diagnosis and educational evaluation of infants, 
toddlers, children, and youth who are likely to be diagnosed 
as deaf-blind; 
"(ii) programs of adjustment, education, and orientation 
for deaf-blind infants, toddlers, children, and youth; and 
104 STAT. 1120 
PUBLIC LAW 101-476—OCT. 30, 1990 
Grant programs. 
Government 
contracts. 
"(iii) consultative, counseling, and training services for 
the families of deaf-blind infants, toddlers, children, and 
youth."; 
(4) in paragraph (4) (as so redesignated)— 
(A) in subparagraph (A), (i) by striking "organizations 
serving, or proposing to serve," and inserting the following: 
"organizations that are preparing deaf-blind adolescents for 
adult placements, or that are preparing to receive deaf-
blind young adults into adult living and work environ-
ments, or that serve, or propose to serve,", and (ii) by 
striking "who have attained age twenty-two years"; and 
(B) in subparagraph (C), by inserting supervised," after 
"rehabilitative,"; 
(5) in paragraph (5) (as so redesignated), by amending such 
paragraph to read as follows: 
"(5) In carrying out this subsection, the Secretary is authorized to 
enter into a number of grants or cooperative agreements to establish 
and support single and multi-State centers for the provision of 
technical assistance and pilot supplementary services, for the pur-
poses of program development and expansion, for children and 
youth with deaf-blindness and their families.". 
(b) AMENDMENTS TO SUBSECTION (C).—Section 622(cXl) (20 U.S.C. 
1422(cXl)) is amended— 
(1) in clause (A), by inserting "sex," after "severity,"; 
(2) in clause (C), by inserting before the period the following: 
"and the setting in which the services are provided"; and 
(3)(A) by striking "and" at the end of clause (B); 
(B) by striking the period at the end of clause (C) and insert-
ing "; and"; and 
(C) by adding at the end the following new clause: "(D) 
student outcomes, where appropriate.". 
(c) AMENDMENTS TO SUBSECTION (d).—Section 622(d) (20 U.S.C. 
1422(d)) is amended to read as follows: 
"(d) The Secretary shall make a grant, or enter into a contract or 
cooperative agreement, for a national clearinghouse for children 
and youth with deaf-blindness— 
"(1) to identify, coordinate, and disseminate information on 
deaf-blindness, emphasizing information concerning effective 
practices in working with deaf-blind infants, toddlers, children, 
and youth; 
"(2) to interact with educators, professional groups, and par-
ents to identify areas for programming, materials development, 
training, and expansion of specific services; 
"(3) to maintain a computerized data base on local, regional, 
and national resources; and 
"(4) to respond to information requests from professionals, 
parents, and members of the community.". 
(d) AMENDMENTS TO SUBSECTION (e).—Section 622(e) (20 U.S.C. 
1422(e)) is amended to read as follows: 
"(e) In carrying out this section, the Secretary shall take into 
consideration the availability and quality of existing services for 
deaf-blind infants, toddlers, children, and youth in the country, and, 
to the extent practicable, ensure that all parts of the country have 
an opportunity to receive assistance under this section."; 
(e) AMENDMENTS TO SUBSECTION (f).—Section 622(f) (20 U.S.C. 
1422(f)) is amended by striking "with," and all that follows and 
inserting the following: "with organizations or public or nonprofit 
i-JLfete . -
PUBLIC LAW 101-476—OCT. 30, 1990 
104 STAT. 1121 
private agencies, as determined by the Secretary to be appropriate, 
to address the needs of children and youth with deaf-blindness, for— 
"(1) research to identify and meet the full range of special 
needs of such children and youth; and 
"(2) the development and demonstration of new, or improve-
ments in existing methods, approaches, or techniques that 
would contribute to the adjustment and education of children 
and youth with deaf-blindness.". 
SEC. 303. EARLY EDUCATION FOR HANDICAPPED CHILDREN. 
(a) AMENDMENTS TO SUBSECTION (a).—Section 623(aXl) (20 U.S.C. 
1423(aXl)) is amended— 
(1) in the matter preceding subparagraph (A), in the first 
sentence, by striking 'problems of such children." and inserting 
"needs of these children."; 
(2) in subparagraph (A), by inserting "or other communication 
mode and" after "speech"; and 
(3) in subparagraph (B), by inserting before "encourage" the 
following: 
provide family education and include a parent or 
their representative of such child, as well as"; 
(4) in subparagraph (C), by striking "problems" and inserting 
"special needs"; 
(5) in subparagraph (D)— 
(A) by inserting after "practices" the following: ", includ-
ing interdisciplinary models and practices,"; and 
(B) by inserting before the comma the following: "and to 
the parents of such children"; 
(6) in subparagraph (E), by inserting before the period the 
following: ", including the involvement of adult role models 
with disabilities at all levels of the program"; and 
(7) 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 a comma, and by adding after subpara-
graph (E) the following: 
"(F) facilitate and improve the early identification of 
infants and toddlers with disabilities or those infants and 
toddlers at risk of having developmental disabilities, 
"(G) facilitate the transition of infants with disabilities or 
infants at risk of having developmental delays, from medi-
cal care to early intervention services, and the transition 
from early intervention services to preschool special edu-
cation or regular education services (especially where the 
lead agency for early intervention programs under part H 
is not the State educational agency), 
"(H) promote the use of assistive technology devices and 
assistive technology services, where appropriate, to en-
hance the development of infants and toddlers with disabil-
ities, and 
"(I) increase the understanding of, and address, the early 
intervention and preschool needs of children exposed pre-
natally to maternal substance abuse.". 
(b) AMENDMENTS TO SUBSECTION (b).—Section 623(b) (20 U.S.C. 
1423(b)) is amended by adding at the end the following: "This 
technical assistance development system shall provide assistance to 
parents of and advocates for infants, toddlers, and children with 
disabilities, as well as direct service had administrative personnel 
involved with such children. Information from the system should be 
104 STAT. 1122 
PUBLIC LAW 101-476—OCT. 30, 1990 
aggressively disseminated through established information net-
works and other mechanisms to ensure both an impact and benefits 
at the community level. The Secretary shall ensure that the tech-
nical assistance provided under this subsection includes assistance 
to part H State agencies on procedures for use by primary referral 
sources in referring a child to the appropriate agency within the 
system for evaluation, assessment, or service.". 
(c) AMENDMENTS TO SUBSECTION (C).—Section 623(c) (20 U.S.C. 
1423(c)) is amended by adding at the end the following: "Such 
institutes shall disseminate this information in the manner pre-
scribed in section 610(g).". 
(d) AMENDMENTS TO SUBSECTION (d).—Section 623(d) (20 U.S.C. 
1423(d)) is amended by inserting before the period the following: ", 
including programs to integrate children with disabilities into regu-
lar preschool programs". 
(e) AMENDMENTS TO SUBSECTION (f).—Section 623(f) (20 U.S.C. 
1423(f)) is amended by inserting before the period the following: ", 
including infants and toddlers with disabilities". 
(f) NEW SUBSECTION (g).—Section 623 (20 U.S.C. 1423) is amended 
by adding at the end the following: 
"(g) The Secretary may make grants to, or enter into contracts or 
cooperative agreements with, institutions of higher education and 
nonprofit private organizations to synthesize the knowledge devel-
oped under this section and organize, integrate, and present such 
knowledge so it can be incorporated and imparted to parents, profes-
sionals, and others providing or preparing to provide preschool or 
early intervention services and to persons designing preschool or 
early intervention programs.". 
SEC. 304. PROGRAMS FOR SEVERELY HANDICAPPED CHILDREN. 
(a) AMENDMENT TO SECTION HEADING.—The heading for section 
624 (20 U.S.C. 1424) is amended to read as follows: 
"PROGRAMS FOR CHILDREN WITH SEVERE DISABIUTIES". 
(b) AMENDMENTS TO SUBSECTION (a).—Section 624(a) (20 U.S.C. 
1424(a)) is amended— 
(1) in the matter preceding paragraph (1), by amending such 
matter to read as follows: "The Secretary may make grants to, 
or enter into contracts or cooperative agreements with, appro-
priate public agencies and nonprofit organizations to address 
the special education, related services, early intervention, and 
integration needs of infants, toddlers, children, and youth with 
severe disabilities through—"; 
(2) in paragraph (1), (A) by inserting after "special needs" the 
following: ", including transportation to and from school", and 
(B) bv inserting "education, related services, and early interven-
tion' after "special"; 
(3) in paragraph (3), (A) by inserting "special and regular 
education, related services, and early intervention" before 
"personnel", (B) by inserting "infants, toddlers," after "such", 
and (C) by striking "youth, and" and inserting the following: 
"youth, including training of regular teachers, instructors, and 
administrators in strategies (the goal of which is to serve in-
fants, toddlers, children, and youth with disabilities) that in-
clude integrated settings for educating such children along side 
their nondisabled peers,"; 
"*r?T 
PUBLIC LAW 101-476—OCT. 30, 1990 
104 STAT. 1123 
(4) in paragraph (4), by striking "children and youth." and 
inserting the following: "children and youth bv utilizing exist-
ing networks as prescribed in section 610(g) and'; and 
(5) by adding at the end the following new paragraph: 
"(5) statewide projects, in conjunction with the State's plan 
under part B, to improve the quality of special education and 
related services for children and youth with severe disabilities, 
and to change the delivery of those services from segregated to 
integrated environments.'. 
(b) NEW SUBSECTION.—Section 624 (20 U.S.C. 1424) is amended by 
redesignating subsections (b) and (c) as subsections (c) and (d), 
respectively, and by inserting after subsection (a) the following new 
subsection: 
"(b) The Secretary is authorized to make grants to, or enter into 
contracts or cooperative agreements with, public or private non-
profit private agencies, institutions, or organizations for the devel-
opment and operation of extended school year demonstration pro-
grams for infants, toddlers, children, and youth with severe 
disabilities.". 
(c) FURTHER NEW SUBSECTION.—Section 624, as eimended by 
subsection (b) of this section, is amended by adding at the end the 
following new subsection: 
"(e) In awarding such grants and contracts under this section, the 
Secretary shall include a priority on programs that increase the 
likelihood that these children £ind youth will be educated with their 
nondisabled peers.". 
SEC. 305. POSTSECONDARY EDUCATION. 
(a) AMENDMENTS TO SUBSECTION (a).—Section 625(a) (20 U.S.C. 
1424a(a)) is amended— 
(1) in paragraph (1), by adding at the end the following new 
sentence: "Such model programs may include joint projects that 
coordinate with special education and transition services."; 
(2) in paragraph (2)— 
(A) in subparagraph (A), by striking "and" after the 
semicolon; 
(B) in subparagraph (B), by striking the period at the end 
and inserting "; and"; and 
(C) by adding at the end the following new subparagraph: 
"(C) for outreach activities that include the provision of tech-
nical assistance to strengthen efforts in the development, oper-
ation, and design of model programs that are adapted to the 
special needs of individuals with disabilities."; and 
(3) in paragraph (6), by striking "$2,000,000" and inserting 
"$4,000,000". 
O
t
)
) AMENDMENTS TO SUBSECTION (b).—Section 625(b) (20 U.S.C. 
1424a(b)) is amended to read as follows: 
"(b) For purposes of subsection (a), the term 'individuals with 
disabilities' means individuals— 
"(1) with mental retardation, hearing impairments including 
deafness, speech or langiiage impairments, visual impairments 
including blindness, serious emotional disturbance, orthopedic 
impairments, autism, traumatic brain injury, other health 
impairments, or specific learning disabilities; and 
"(2) who, by reason thereof, need special education and 
related services.". 
104 STAT. 1124 
PUBLIC LAW 101-476—OCT. 30, 1990 
SEC. 306. SECONDARY EDUCATION AND TRANSITIONAL SERVICES FOR 
YOUTH WITH DISABILITIES. 
(a) AMENDMENTS TO SUBSECTION (a).—Section 626(a)(1) (20 U.S.C. 
1425(a)(1)) is amended by inserting "independent and community 
living," after "continuing education,". 
(b) AMENDMENTS TO SUBSECTION (b).—Section 626(b) (20 U.S.C. 
1425(b)) is amended— 
(1) in paragraph (2), by inserting "independent living," after 
"training,"; 
(2) in paragraph (8), by striking "handicapped youth" and all 
that follows and inserting the following: "some youth with 
disabilities remain to complete school programs while others 
drop out,"; 
(3) in paragraph (9), by striking "developing" and all that 
follows through "techniques" and inserting "developing curricu-
lum and instructional techniques in special education and 
related services"; 
(4) in paragraph (10)— 
(A) by inserting "or adapted" after "specially designed"; 
and 
(B) by striking "to increase" and all that follows and 
inserting the following: "to facilitate the full participation 
of youths with disabilities in community programs."; and 
(5) by striking "and" at the end of paragraph (9), by striking 
the period at the end of paragraph (10) and inserting in lieu 
thereof ", and", and by adding after paragraph (10) the 
following: 
"(11) developing and disseminating exemplary programs and 
practices that meet the unique needs of students who utilize 
assistive technology devices and assistive technology services 
as such students make the transition to postsecondary educa-
tion, vocational training, competitive employment (including 
supported employment), and continuing education or adult serv-
ices.". 
(c) AMENDMENTS TO SUBSECTION (d).—Section 626(d)(3) (20 U.S.C. 
1425(d)(3)) is amended by striking "to the extent appropriate,". 
(d) NEW SUBSECTION (e).—Section 626 (20 U.S.C. 1425) is amended 
by redesignating subsections (e) and (f) as subsections (f) and (g), 
respectively, and by inserting after subsection (d) the following new 
subsection: 
Grant programs. 
"(e)(1) The Secretary shall make one-time, 5-year grants, on a 
competitive basis, to States in which the State vocational rehabilita-
tion agency and State educational agency submit a joint application 
to develop, implement, and improve systems to provide transition 
services for youth with disabilities from age 14 through the age they 
exit school. 
"(2) In the case of a State whose vocational rehabilitation agency 
does not participate regarding a joint application described in para-
graph (1), the Secretary may make a grant under such paragraph to 
the State if a joint application for the grant is submitted by the 
State educational agency and one other State agency that provides 
transition services to individuals who are leaving programs under 
this Act. 
"(3) States that receive grants shall use grant funds to: 
"(A) Increase the availability, access, and quality of transition 
assistance through the development and improvement of poli-
PUBLIC LAW 101-476—OCT. 30, 1990 
104 STAT. 1125 
cies, procedures, systems, and other mechanisms for youth with 
disabilities and their families as such youth prepare for and 
enter adult life. 
"(B) Improve the ability of professionals, parents, and advo-
cates to work with such youth in ways that promote the 
understanding of and the capability to successfully make the 
transition from 'student' to 'adult'. 
"(C) Improve working relationships among education person-
nel, both within LEAs and in postsecondary training programs, 
relevant State agencies, the private sector (especially employ-
ers), rehabilitation personnel, local and State employment agen-
cies, local Private Industry Councils (PICS) authorized by the 
Job Training Partnership Act (JTPA), and families of students 
with disabilities and their advocates to identify and achieve 
consensus on the general nature and specific application of 
transition services to meet the needs of youth with disabilities. 
"(D) Create an incentive for accessing and using the expertise 
and resources of programs, projects, and activities related to 
transition funded through this section and with other sources. 
"(4)(A) In order to receive funding under this subsection, a State 
vocational rehabilitation agency and State educational agency shall 
describe in their application how they will use the first year, if 
necessary, to plan how to implement transition services, the second 
through fourth years to develop and implement transition services, 
and the fifth year to evaluate transition services. The application 
shall describe how the grant funds will be used during the planning 
period and phased out during the evaluation period to ensure the 
continuation of transition services. Such applications shall also 
include— 
"(i) a description of the current availability, access, and qual-
ity of transition services for eligible youth and a description of 
how, over 5 years, the State will improve and expand the 
availability, access, and quality of transition services for youth 
with disabilities and their families as such youth prepare for 
and enter adult life; 
"(ii) a description of how the State will improve and increase 
the ability of professionals, parents, and advocates to work with 
such youth in ways that promote the understanding of and the 
capability to successfully make the transition from 'student' to 
'adult'; 
"(iii) a description of how the State will improve and increase 
working relationships among education personnel, both within 
LEAs and in postsecondary training programs, relevant State 
agencies, the private sector (especially employers), rehabilita-
tion personnel, local and State employment agencies, local Pri-
vate Industry Councils (PICS) authorized by the JTPA, and 
families of students with disabilities and their advocates to 
identify and achieve consensus on the general nature and spe-
cific application of transition services to meet the needs of youth 
with disabilities; and 
"(iv) a description of how the State will use grant funds as an 
incentive for accessing and using the expertise and resources of 
programs, projects, and activities related to transition funded 
through this section and with other sources. 
"(B) The Secretary shall give preference to those applications that, 
in addition to clearly addressing the requirements under subpara-
graph (A), describe how the State will— 
104 STAT. 1126 
PUBLIC LAW 101-476—OCT. 30, 1990 
"(i) target resources to school settings, such as providing 
access to rehabilitation counselors for students with disabilities 
who are in school settings; 
"(ii) target a substantial amount of grant funds, received 
under this subsection, to case management, program evaluation 
and documentation of, and dissemination of information about, 
transition services; 
"(iii) provide incentives for interagency and private sector 
resource pooling and otherwise investing in transition services, 
especially in the form of cooperative agreements, particularly 
with PICS authorized by the JTPA and local branches of State 
emplojmient agencies; 
"(iv) provide for early, ongoing information and training for 
those involved with or who could be involved with transition 
services—professionals, parents, youth with disabilities, includ-
ing self-advocacy training for such youth, and advocates for 
such youth as well as PICS authorized by the JTPA and local 
branches of State emplo3anent agencies; 
"(v) provide for the early and direct involvement of all rel-
evant parties, including PICS authorized by the JTPA and local 
branches of State employment agencies, in operating and plan-
ning improvements in transition services, and the early and 
direct involvement of all relevant parties in planning and im-
plementing transition services for individual youth; 
"(vi) provide access to training for eligible youth that matches 
labor market needs in their communities; 
"(vii) integrate transition services with relevant opportunities 
in communities, including those sponsored by PICS authorized 
by the JTPA and local emplo5rment agencies; 
"(viii) use a transition services evaluation plan that is out-
come oriented and that focuses on individual youth-focused 
benefits; and 
"(ix) ensure that, when appropriate and no later than age 22, 
eligible youth who participate in transition services under this 
program would be served as appropriate in the State section 
110 and/or title VI, part C program authorized under the 
Rehabilitation Act of 1973.". 
(e) AMENDMENTS TO FORMER SUBSECTION (e).—Section 626(f), as 
redesignated by subsection (d) of this section, is amended— 
(IXA) by inserting "(1)" after the subsection designation; and 
(B) by adding at the end of paragraph (1) (as so designated) the 
following new sentence: "Such organizations and institutions 
shall disseminate such materials and information as prescribed 
under section 610(g)."; 
(2) by adding after paragraph (1) (as so designated) the follow-
ing new paragraph: 
"(2) The Secretary shall fund one or more demonstration models 
designed to establish appropriate methods of providing, or continu-
ing to provide, assistive technology devices and services to secondary 
school students as they make the transition to vocational rehabilita-
tion, emplo)niient, postsecondary education, or adult services. Such 
demonstration models shall include, as appropriate— 
"(A) cooperative agreements with the Rehabilitation Services 
Administration and/or State vocational rehabilitation agencies 
that ensure continuity of funding for assistive technology de-
vices and services to such students; and 
PUBLIC LAW 101-476—OCT. 30, 1990 
104 STAT. 1127 
"(B) methods for dissemination of exemplary practices that 
can be adapted or adopted by transitional programs for second-
ary school students with disabilities."; and 
(3) by adding at the end the following new paragraph: 
"(3)(A) The Secretary shall award one, five-year cooperative agree- Government 
ment through a separate competition to an institution of higher contracts, 
education, or nonprofit public or private organization. The purpose 
of this agreement will be to evaluate and document the approaches 
and outcomes of the projects funded under subsection (e). The 
results of this gigreement shall be disseminated through the appro-
priate clearinghouses, networks, and through direct communication 
with Federal, State, and local agencies. 
"(B) The evaluation carried out pursuant to subparagraph (A) of 
transition services under subsection (e) shall include an evaluation 
of— 
"(i) the outcomes of the transition services provided under 
such subsection, including the effect of the services regarding 
postsecondary education, job training, employment, and other 
appropriate matters; 
"(ii) the impact of including in the individualized education 
program a statement of needed transition services (as required 
under section 602(a)(20)(D)); 
"(iii) the extent to which, in the provision of the transition 
services, agencies are cooperating effectively, including evalua-
tion of the extent of coordination of the staff of the agencies, of 
procedures regarding confidentiality, assessment of needs, and 
referrals, and coordination regarding data bases and training; 
"(iv) the extent to which obstacles exist regarding cooperation 
and coordination among agencies in the provision of the transi-
tion services, and the extent to which Federal law creates 
disincentives to such cooperation and coordination; and 
"(v) the extent to which the transition services have been 
provided in a cost-effective manner. 
"(C) The evaluation carried out pursuant to subparagraph (A) 
shall include recommendations on the manner in which the pro-
gram under subsection (e) can be improved. 
"(D) In the annual report required under section 618(g), the 
Secretary shall include a report of the activities and results associ-
ated with the Eigreement under subparagraph (A).". 
(f) AMENDMENTS TO FORMER SUBSECTION (f).—Section 626(g), as 
redesignated by subsection (d) of this section, is amended by insert-
ing before the period the following: ", the Job Training Partnership 
Act (JTPA), and the Carl D. Perkins Vocational and Applied Tech-
nology Education Act". 
SEC. 307. PROGRAMS FOR CHILDREN AND YOUTH WITH SERIOUS EMO-
TIONAL DISTURBANCE. 
Section 627 (20 U.S.C. 1426) is amended to read as follows: 
"PROGRAMS FOR CHILDREN AND YOUTH WITH SERIOUS EMOTIONAL 
DISTURBANCE 
"SEC. 627. (a) The Secretary is authorized to make grants to, or 
enter into contracts or cooperative agreements with, institutions of 
higher education. State and local educational agencies, and other 
appropriate public and private nonprofit institutions or agencies to 
establish projects for the purpose of improving special education and 
104 STAT. 1128 
PUBLIC LAW 101-476—OCT. 30, 1990 
related services to children and youth with serious emotional 
disturbance. Such projects may include— 
"(1) studies regarding the present state of special education 
and related services to such children and youth and their 
families, including information and data to enable assessments 
of the status of such services over time; 
"(2) developing methodologies and curricula designed to im-
prove special education and related services for these children 
and youth; 
"(3) developing and demonstrating strategies and approaches 
to reduce the use of out-of-community residential programs and 
the increased use of school district-based programs (which may 
include day treatment programs, after-school programs, and 
summer programs); 
"(4) developing the knowledge, skills, and strategies for effec-
tive collaboration among special education, regular education, 
related services, and other professionals and agencies; or 
"(5) developing and demonstrating innovative approaches to 
assist and to prevent children with emotional and behavioral 
problems from developing serious emotional disturbances that 
require the provision of special education and related services. 
"(bXD The Secretary is authorized to make grants, on a competi-
tive basis, to local educational agencies in collaboration with mental 
health entities to provide services for children and youth with 
serious emotional disturbance. Such demonstration projects shall— 
"(A) increase the availability, access, and quality of commu-
nity services for such children and youth and their families; 
' (B) improve working relationships among education, school, 
and community mental health and other relevant personnel, 
families of such children and youth, and their advocates; 
"(C) target resources to school settings, such as providing 
access to school and/or community mental health professionals 
and other community resources for students with serious emo-
tional disturbance who are in community school settings; and 
"(D) take into account the needs of minority children and 
youth in all phases of project activity. 
"(2) Funds received under this subsection may also be used to 
facilitate interagency and private sector resource pooling to improve 
services for such children and youth and to provide information and 
training for those involved with, or who could be involved with, such 
children and youth. 
"(c) Each project assisted under this section shall— 
"(1) apply existing research outeomes from multi-disciplinary 
fields; 
"(2) use a grant evaluation plan that is outeome-oriented and 
that focuses on the benefits to individual children and youth; 
"(3) report on the effectiveness of such project; and 
"(4) disseminate the findings of such project, where appro-
priate, in accordance with section 610(g).". 
SEC. 308. AUTHORIZATION OF APPROPRIATIONS. 
Section 628 (20 U.S.C. 1427) is amended to read as follows: 
"AUTHORIZATION OF APPROPRIATIONS 
"SEC. 628. (a) There are authorized to be appropriated to carry out 
section 621 $8,525,000 for fiscal year 1991, $9,300,000 for fiscal year 
PUBLIC LAW 101-476—OCT. 30, 1990 
104 STAT. 1129 
1992, $10,140,000 for fiscal year 1993, and $11,052,000 for fiscal year 
1994. 
"(h) There are authorized to be appropriated to carry out section 
622 $21,900,000 for fiscal year 1991, $24,100,000 for fiscal year 1992, 
$26,500,000 for fiscal year 1993, and $29,200,000 for fiscal year 1994. 
"(c) There are authorized to be appropriated to carry out section 
623 $31,400,000 for fiscal year 1991, $34,235,000 for fiscal year 1992, 
$37,325,000 for fiscal year 1993, and $40,705,000 for fiscal year 1994. 
"(d) There are authorized to be appropriated to carry out section 
624 $9,500,000 for fiscal year 1991, $10,500,000 for fiscal year 1992, 
$11,600,000 for fiscal year 1993, and $12,700,000 for fiscal year 1994. 
"(e) There are authorized to be appropriated to carry out section 
625 $9,470,000 for fiscal year 1991, $10,230,000 for fiscal year 1992, 
$11,050,000 for fiscal year 1993, and $11,930,000 for fiscal year 1994. 
"(f) There are authorized to be appropriated to carry out section 
626 (except subsection (e)) $9,800,000 for fiscal year 1991, $10,800,000 
for fiscal year 1992, $11,900,000 for fiscal year 1993, and $13,050,000 
for fiscal year 1994. 
"(g) There are authorized to be appropriated to carry out section 
626(e) $27,500,000 for fiscal year 1991, $30,250,000 for fiscal year 
1992, $33,275,000 for fiscal year 1993, and $36,602,000 for fiscal year 
1994. 
"(h) There are authorized to be appropriated to carry out section 
627 $6,500,000 for fiscal year 1991, $8,000,000 for fiscal year 1992, 
$9,500,000 for fiscal year 1993, and $11,500,000 for fiscal year 1994.". 
TITLE IV—TRAINING PERSONNEL FOR 
THE EDUCATION OF HANDICAPPED IN-
DIVIDUALS 
SEC. 401. GRANTS FOR PERSONNEL TRAINING. 
(a) AMENDMENTS TO SUBSECTION (a)(1).—Section 631(a)(1) (20 U.S.C. 
1431(a)(1)) is amended— 
(1) in subsection (a)(1), by striking "special education and 
early intervention" and inserting "special education, related 
services, and early intervention"; 
(2) in subparagraph (A), by striking "adaptive physical edu-
cation" and inserting "adapted physical education and instruc-
tional and assistive technology services"; 
(3) in subparagraphs (B) through (D), by amending such sub-
paragraphs to read EIS follows: 
"(B) related services to children and youth with disabil-
ities in educational settings, and other settings, 
"(C) special education and other careers in preschool and 
early intervention services for infants and toddlers with 
disabilities, 
"(D) special education leadership, including supervision 
and administration (at the advanced graduate, doctoral, 
and post-doctoral levels), special education research, and 
special education personnel preparation (at the doctoral 
and post-doctoral levels), and". 
(b) FURTHER AMENDMENTS TO SUBSECTION (a).—Section 631(a) (20 
U.S.C. 1431(a)) is amended— 
104 STAT. 1130 
PUBLIC LAW 101-476—OCT. 30, 1990 
Scholarships 
and fellowships. 
Minorities. 
Grant programs. 
Minorities. 
(1) in paragraph (2)(A), (A) by striking "for the personnel" and 
inserting "for special education, related services, earlv interven-
tion, and other personnel", and (B) after "shortages inserting 
", including the need for personnel in the provision of special 
education to children of limited English proficiency"; 
(2) in paragraph (2)(B), by inserting before the period the 
following: ", and that include in their applications a detailed 
description of strategies that will be utilized to recruit and train 
members of minority groups and persons with disabilities"; 
(3) in paragraph (3), by adding at the end the following new 
sentence: "Such institutions shall give priority consideration in 
the selection of qualified 
recipients of fellowships and 
traineeships to individuals from disadvantaged backgrounds, 
including minorities and individuals with disabilities who are 
underrepresented in the teaching profession or in the specializa-
tions in which they are being trained.", 
(c) NEW PARAGRAPHS IN SUBSECTION (a).—Section 631(a) (20 U.S.C, 
1431(a)) is amended by adding at the end the following new para-
graphs: 
"(5) In making grants under subsection (a)(1), the Secretary may 
determine that a portion of training supported through such grants 
shall be conducted on an interdisciplinary basis, and shall be de-
signed to assist special educators in properly coordinating service 
provision with related services personnel. To the extent feasible, 
training programs funded under subsection (a)(lXB) and (a)(1)(E) 
shall require practica to demonstrate the delivery of related services 
in an array of regular and special education and community 
settings. 
"(6) Nothing in this subsection shall be construed to prevent 
regular education or special education personnel from benefiting or 
participating in training activities conducted under this subsection 
on a preservice or inservice basis, 
"(7) The Secretary, in carrying out paragraph (1), shall make 
grants to Historically Black Colleges and Universities, and other 
institutions of higher education whose minority student enrollment 
is at least 25 percent,", 
(d) AMENDMENTS TO SUBSECTION (b),—Section 631(b) (20 U,S,C, 
1431(b)) is amended by striking "nonprofit agencies" and all that 
follows and inserting the following: "nonprofit agencies and 
organizations to develop and demonstrate effective ways for 
preservice training programs to prepare regular educators to work 
with children and youth with disabilities and their families; for 
training teachers to work in community and school settings with 
school students with disabilities and their families; for inservice and 
preservice training of personnel to work with infants, toddlers, 
children, and youth with disabilities and their families; for inservice 
and preservice training of personnel to work with minority infants, 
toddlers, children, and youth with disabilities and their families; for 
preservice and inservice training of special education and related 
services personnel in the use of assistive and instructional tech-
nology to benefit infants, toddlers, children, and youth with disabil-
ities; and for the recruitment and retention of special education, 
related services, and early intervention personnel. Both preservice 
and inservice training shall include a component that addresses 
the coordination among all service providers, including regular 
educators,", 
(e) AMENDMENT TO SUBSECTION (C),— 
PUBLIC LAW 101-476—OCT. 30, 1990 
104 STAT. 1131 
(1) Section 631(cX2) (20 U.S.C. 1431(cX2)) is amended— 
(A) by amending subparagraph (A) to read as follows: 
"(A) be governed by a board of directors of which a majority of 
the members are parents of infants, toddlers, children, and 
youth with disabilities, particularly minority parents, and that 
includes members who are professionals, especially minority 
professionals, in the field of special education, early interven-
tion, and related services, and individuals with disabilities, or, if 
the nonprofit private organization does not have such a board, 
such organization shall have a membership that represents the 
interests of individuals with disabilities, and shall establish a 
special governing committee of which a majority of the mem-
bers are parents of infants, toddlers, children, and youth with 
disabilities, particularly parents of minority children, and 
which includes members who are professionals, especially 
minority professionals, in the field of special education, early 
intervention, and related services, to operate the training and 
information program under paragraph (1), and parent and 
professional membership of these boards or special governing 
committees shall be broadly representative of minority and 
other individuals and groups having an interest in special 
education, early intervention, and related services;"; 
. (B) in subparagraph (B)— 
(i) by striking "children" and inserting "infants, tod-
dlers, children, and youth"; and 
(ii) by striking "handicapping" and inserting "dis-
abling"; and 
(C) in subparagraph (C), by inserting before the period the 
following: 
, and, for purposes of paragraph (1), network 
with clearinghouses, including those established under sec-
tion 633 and other organizations and agencies, and network 
with other established national. State, and local parent 
groups representing the full range of parents of infants, 
toddlers, children, and youth with disabilities, especially 
parents of minority children". 
(2) Section 631(c)(2) (20 U.S.C. 1431(c)(2)) is amended by adding 
after subparagraph (C) the following: "Nothing in subpar£igraph 
(A) shall be construed to authorize or permit the denial to any 
person of the due process of law required by the United States 
Constitution.". 
(f) AMENDMENTS TO SUBSECTION (C)(4).—Section 631(c)(4) (20 U.S.C. 
1431(c)(4)) is amended— 
(1) by striking out "and" at the end of subparagraph (A); 
(2) by striking the period at the end of subparagraph (B) and 
inserting a comma; and 
(3) by adding at the end the following new subparagraphs: 
"(C) serve parents of minority children with disabilities rep-
resentative to the proportion of the minority population in the 
areas being served, and 
"(D) be funded at a sufficient size, scope, and quality to ensure 
that the program is adequate to serve the parents in the area.". 
(g) NEW PARAGRAPH IN SUBSECTION (C).—Section 631(c) (20 U.S.C. 
1431(c)) is amended by adding at the end the following new 
pargigraph: 
"(9) After the establishment in each State of a parent training and 
information center, the Secretary shall provide for the establish-
ment of 3 experimental centers to serve large numbers of parents of 
104 STAT. 1132 
PUBLIC LAW 101-476—OCT. 30, 1990 
children with disabilities located in high density areas that do not 
have such centers and 2 such centers to serve large numbers of 
parents of children with disabilities located in rural areas. 
"(10) Effective for fiscal year 1991 and every year thereafter, the 
Secretary shall obtain data concerning programs and centers as-
sisted under this subsection on— 
"(A) the number of parents provided information and training 
by disability category of their children, 
"(B) the types and modes of information or training provided, 
"(C) strategies used to reach and serve parents of minority 
infants, toddlers, children, and youth with disabilities, 
"(D) the number of parents served as a result of activities 
described under subparagraph (C), 
"(E) activities to network with other information clearing-
houses and parent groups as required in subsection (c)(2)(C), and 
"(F) the number of agencies and organizations consulted with 
at the national. State, regional, and local levels. 
The Secretary shall include a summary of this information in the 
annual report to Congress as required in section 618(g).". 
(h) FURTHER AMENDMENTS TO SUBSECTION (C).—Section 631(c) (20 
U.S.C. 1431(c)) is amended— 
(1) in paragraph (1), in the first and second sentences, by 
striking "parents of handicapped children" each place such 
term appears and inserting "parents of infants, toddlers, chil-
dren, and youth with disabilities"; 
(2) in paragraph (5)— 
(A) in subparagraph (E), by amending such subparagraph 
to read as follows: 
"(E) obtain appropriate information about the range of op-
tions, programs, services, and resources available at the na-
tional, State, and local levels to assist infants, toddlers, children, 
and youth with disabilities and their families, and"; and 
(B) in subparagraph (F), by striking "handicapped" and 
all that follows and inserting the following: "infants, tod-
dlers, children, and youth with disabilities under this Act."; 
and 
(3) in paragraph (7)— 
(A) by striking "with appropriate agencies which" and 
inserting the following: "and network with appropriate 
national. State, regional, and local agencies and organiza-
tions, such as protection and advocacy agencies, that"; and 
(B) by striking "handicapped children and youth" and 
inserting "infants, toddlers, children, and youth with 
disabilities and their families". 
SEC. 402. GRANTS TO STATE EDUCATIONAL AGENCIES AND INSTITUTIONS 
FOR TRAINEESHIPS. 
Section 632 (20 U.S.C. 1432) is amended— 
(1) in subsection (c) by— 
(A) inserting "special and regular education, related serv-
ices and early intervention" after "prepare"; and 
(B) by striking the period at the end thereof and inserting 
a comma and 
and to assist the State in developing and 
maintaining such systems and 
conducting 
personnel 
recruitment and retention activities."; and 
(2) by inserting at the end thereof the following new 
subsection: 
PUBLIC LAW 101-476—OCT. 30, 1990 
104 STAT. 1133 
"(d) The Secretary is authorized to provide directly or by grant, 
contract, or cooperative agreement, technical assistance to State 
educational agencies on matters pertaining to the effective im-
plementation of section 613(aX3).". 
SEC. 403. CLEARINGHOUSES. 
Section 633 (20 U.S.C. 1433) is amended to read as follows: 
"CLEARINGHOUSES 
"SEC. 633. (a) The Secretary is authorized to make grants to, or 
enter into contracts or cooperative agreements with, public agencies 
or private nonprofit organizations or institutions for the establish-
ment of three national clearinghouses: on children and youth with 
disabilities; on postsecondary education for individuals with disabil-
ities; and on careers in special education, to— 
"(1) collect, develop, and disseminate information, 
"(2) provide technical assistance, 
"(3) conduct coordinated outreach activities, 
"(4) provide for the coordination and networking with other 
relevant national, State, and local organizations and informa-
tion and referral resources, 
"(5) respond to individuals and organizations seeking informa-
tion, and 
"(6) provide for the synthesis of information for its effective 
utilization by parents, professionals, individuals with disabil-
ities, and other interested parties. 
"(b) The national clearinghouse for children and youth with 
disabilities shall: 
"(1) Collect and disseminate information (including the devel-
opment of materials) on characteristics of infants, toddlers, 
children, and youth with disabilities and on programs, legisla-
tion, and services relating to their education under this Act and 
other Federal laws. 
"(2) Participate in programs and services related to disability 
issues for providing outreach, technical assistance, collection, 
and dissemination of information; and promoting networking of 
individuals with appropriate national. State, and local agencies 
and organizations. 
"(3) Establish a coordinated network and conduct outreach 
activities with relevant Federal, State, and local organizations 
and other sources for promoting public awareness of disability 
issues and the availability of information, programs, and 
services. 
"(4) Collect, disseminate, and develop information on current 
and future national. Federal, regional, and State needs for 
providing information to parents, professionals, individuals 
with disabilities, and other interested parties relating to the 
education and related services of individuals with disabilities. 
"(5) Provide technical assistance to national, Federal, re-
gional, State and local agencies and organizations seeking to 
establish information and referral services for individuals with 
disabilities and their families. 
"(6) In carrying out the activities in this subsection, the 
clearinghouse will include strategies to disseminate information 
to underrepresented groups such as those with limited English 
proficiency. 
104 STAT. 1134 
PUBLIC LAW 101-476—OCT. 30, 1990 
"(c) The national clearinghouse on postsecondary education for 
individuals with disabilities shall: 
"(1) Collect and disseminate information nationally on 
characteristics of individuals entering and participating in edu-
cation and training programs after high school; legislation 
affecting such individuals and such programs; policies, proce-
dures, and support services, as well as adaptations, and other 
resources available or recommended to facilitate the education 
of individuals with disabilities; available programs and services 
that include, or can be adapted to include, individuals with 
disabilities; and sources of financial aid for the education and 
training of individuals with disabilities. 
"(2) Identify areas of need for additional information. 
"(3) Develop new materials (in both print and nonprint form), 
especially by synthesizing information from a variety of fields 
affecting disability issues and the education, rehabilitation, and 
retraining of individuals with disabilities. 
"(4) Develop a coordinated network of professionals, related 
organizations and associations, mass media, other clearing-
houses, and governmental agencies at the Federal, regional, 
State, and local level for the purposes of disseminating informa-
tion and promoting awareness of issues relevant to the edu-
cation of individuals with disabilities after high school and 
referring 
individuals 
who 
request 
information 
to 
local 
resources. 
"(5) Respond to requests from individuals with disabilities, 
their parents, and professionals who work with them, for 
information that will enable them to make appropriate deci-
sions about postsecondary education and training. 
Employment. 
«(^) rpj^^ national clearinghouse designed to encourage students to 
seek careers and professional personnel to seek employment in the 
various fields relating to the education of children and youth with 
disabilities shall: 
"(1) Collect and disseminate information on current and 
future national, regional, and State needs for special education 
and related services personnel. 
"(2) Disseminate information to high school counselors and 
others concerning current career opportunities in special edu-
cation, location of programs, and various forms of financial 
assistance (such as scholarships, stipends, and allowances). 
"(3) Identify training programs available around the country. 
"(4) Establish a network among local and State educational 
agencies and institutions of higher education concerning the 
supply of graduates and available openings. 
(5) Provide technical assistance to institutions seeking to 
meet State and professionally recognized standards. 
"(eXD In awarding grants, contracts, and cooperative agreements 
under this section, the Secretary shall give priority consideration to 
any applicant with demonstrated, proven effectiveness (at the na-
tional level) in performing the functions established in this section; 
and with the ability to conduct such projects, communicate with 
intended consumers of information, and maintain the necessary 
communication with national, regional. State, and local agencies 
and organizations. 
"(2) In awarding grants, contracts, and cooperative agreements 
under this section, the Secretary shall give priority consideration to 
any applicant with demonstrated, proven effectiveness (at the na-
PUBLIC LAW 101-476—OCT. 30, 1990 
104 STAT. 1135 
tional level) in providing informational services to minorities and 
minority organizations. 
"(f)(1) Beginning in fiscal year 1991, and for each year thereafter, 
the Secretary shall obtain information on each project assisted 
under this section, including— 
"(A) the number of individuals served by disability category, 
as appropriate, including parents, professionals, students, and 
individuals with disabilities; 
"(B) a description of responses utilized; 
"(C) a listing of new products developed and disseminated; 
and 
"(D) a description of strategies and activities utilized for 
outreach to urban and rural areas with populations of minori-
ties and underrepresented groups. 
"(2) A summary of the data required by this subsection shall be 
included in the annual report to Congress required under section 
618.". 
SEC. 404. REPORTS TO SECRETARY. 
Section 634(a) (20 U.S.C. 1434(a)) is amended— 
(1) in paragraph (1), by striking "and" at the end; 
(2) in paragraph (2), by striking the period and inserting "; 
and"; and 
(3) by adding at the end the following new paragraph: 
"(3) information described in section 631(c)(9) and section 
633(f)(1), as applicable.". 
SEC. 405. AUTHORIZATION OF APPROPRIATIONS. 
Section 635(a) (20 U.S.C. 1435(a)) is amended to read as follows: 
"(a)(1) There are authorized to be appropriated to carry out this 
part (other than sections 631(a)(7), 631(c), and 633) $94,725,000 for 
fiscal year 1991, $103,255,000 for fiscal year 1992, $113,580,000 for 
fiscal year 1993, and $123,760,000 for fiscal year 1994. 
"(2) There are authorized to be appropriated to carry out section 
631(a)(7) $19,250,000 for fiscal year 1991, $21,175,000 for fiscal year 
1992, $23,292,500 for fiscal year 1993, and $25,621,750 for fiscal year 
1994. 
"(3) There are authorized to be appropriated to carry out section 
631(c) $11,000,000 for fiscal year 1991, $12,100,000 for fiscal year 
1992, $13,300,000 for fiscal year 1993, and $14,600,000 for fiscal year 
1994. 
"(4) There are authorized to be appropriated to carry out section 
633 $2,900,000 for fiscal year 1991, $2,465,000 for fiscal year 1992, 
$2,710,000 for fiscal year 1993, and $2,960,000 for fiscal year 1994.". 
TITLE V—RESEARCH IN EDUCATION OF 
INDIVIDUALS WITH DISABILITIES 
SEC. 501. RESEARCH AND DEMONSTRATION PROJECTS IN EDUCATION OF 
CHILDREN WITH DISABILITIES. 
Section 641 (20 U.S.C. 1441) is amended to read as follows: 
"RESEARCH AND RELATED ACTIVITIES 
"SEC. 641. (a) The Secretary may make grants to, or enter into 
contracts or cooperative agreements with. State and local edu-
104 STAT. 1136 
PUBLIC LAW 101-476—OCT. 30, 1990 
cational agencies, institutions of higher education, other public 
agencies and nonprofit private organizations for the purpose of 
advancing and improving the knowledge base and improving the 
practice of professionals, parents, and others providing early inter-
vention, special education, and related services, including profes-
sionals who work with children and youth with disabilities in 
regular education environments, to provide such children effective 
instruction and enable them to successfully learn. The activities 
supported under this section shall support innovation, development, 
exchange, and use of such advancements in knowledge and practice 
designed to contribute to the improvement of instruction and learn-
ing of infants, toddlers, children, and youth with disabilities. In 
carrjdng out this section, the Secretary may support a wide range of 
research and related activities designed to— 
"(1) advance knowledge regarding the provision of instruction 
and other interventions to infants, toddlers, children, and youth 
with disabilities including— 
"(A) the organization, sjrnthesis, and interpretation of 
current knowledge and the identification of knowledge 
gaps; 
"(B) the identification of knowledge and skill com-
petencies needed by personnel providing special education, 
related services, and early intervention services; 
"(C) the improvement of knowledge regarding the devel-
opmental and learning characteristics of infants, toddlers, 
children, and youth with disabilities in order to improve the 
design and effectiveness of interventions and instruction; 
"(D) the evaluation of approaches and interventions; 
"(E) the development of instructional strategies, tech-
niques, and activities; 
"(F) the improvement of curricula and instructional tools 
such £is textbooks, media, materials, and technology; 
"(G) the development of assessment techniques, in-
struments (including tests, inventories, and scales), and 
strategies for measurement of progress and the identifica-
tion, location, and evaluation of infants, toddlers, children, 
and youth with disabilities for the purpose of determining 
eligibility, program planning, and placement for special 
education, related services, and early intervention services. 
Particular attention should be given to the development of 
alternative assessment procedures and processes for minor-
ity individuals and those with limited English proficiency; 
"(H) the testing of research findings in practice settings 
to determine the application, usability, effectiveness, and 
generalizability of such research findings; 
"(I) the improvement of knowledge regarding families, 
minorities, limited English proficiency, and disabling condi-
tions; and 
"(J) the identification of environmental, organizational, 
resource, and other conditions necessary for effective 
professional practice; and 
"(2) advance the use of knowledge by personnel providing 
special education, related services, and early intervention serv-
ices including— 
"(A) the improvement of knowledge regarding how such 
individuals learn new knowledge and skills, and strategies 
PUBLIC LAW 101-476—OCT. 30, 1990 
104 STAT. 1137 
for effectively facilitating such learning in preservice, in-
service, and continuing education; 
"(B) the organization, integration, and presentation of 
knowledge so that such knowledge can be incorporated and 
imparted in personnel preparation, continuing education 
programs, and other relevant training and communication 
vehicles; and 
"(C) the expansion and improvement of networks that 
exchange knowledge and practice information. 
"(b) In carrjdng out subsection (a), the Secretary shall consider the 
special education, related services, or early intervention and re-
search experience of applicants. 
"(c) The Secretary shall publish proposed .priorities under this 
part in the Federal Register not later than 12 months preceding the 
fiscal year for which they are being announced, and shall allow a 
period of 60 days for public comments and suggestions. The Sec-
retary shall, after analyzing and considering the public comments, 
publish final priorities in the Federal Register not later than 9() 
days after the close of the comment period. 
"(d) The Secretary shall provide an index (including the title of 
each project and the name and address of the funded organization) 
of all projects conducted under this part in the prior fiscgd year in 
the annual report described under section 618. 
"(e) The Secretary shall— 
"(1) coordinate the priorities established under subsection (b) 
with research priorities established by the National Institute 
for Disability and Rehabilitation Research and other appro-
'• priate agencies conducting research pertaining to the education 
of individuals with disabilities; and 
"(2) provide information concerning priorities established 
under subsection (b) to the National Council on Disability and to 
the Bureau of Indian Affairs Advisory Committee for Excep-
tional Children. 
"(fXD The Secretary shall make grants or enter into contracts or 
cooperative agreements for the establishment of a center or centers 
designed to organize, synthesize, and disseminate current knowledge 
relating to children with attention deficit disorder with respect to 
the following: 
"(A) Assessment techniques, instruments, and strategies used 
for identification, location, evaluation and for measurement of 
progress. 
"(B) Knowledge and skill competencies needed by profes-
sionals providing special and regular education and related 
services. 
"(C) Environmental, organizational, resource, and other 
conditions necessary for effective professional practice. 
"(D) Developmental and learning characteristics. 
"(E) Instructional strategies, techniques, and activities. 
"(F) Curricula and instructional tools such as textbooks, 
media, materials, and technology. 
"(G) Strategies, techniques, and activities related to involve-
ment of families. 
"(2) In awarding grants, contracts, and cooperative agreements 
under paragraph (1), the Secretary shall give priority consideration 
to applicants with— 
"(A) demonstrated knowledge concerning the disorder; 
Federal 
Register, 
publication. 
Grant programs. 
Government 
contracts. 
contracts. 
104 STAT. 1138 
PUBLIC LAW 101-476—OCT. 30, 1990 
"(B) proven effectiveness in performing the functions estab-
lished in this subsection; and 
"(C) the ability to— 
"(i) conduct such projects; 
"(ii) communicate with intended consumers of informa-
tion; and 
"(iii) maintain the necessary communication with na-
tional, regional. State, and local agencies. 
Grant programs. 
"(g)(1) The Secretary shall make grants, or enter into contracts or 
Government 
cooperative agreements, for the establishment of model demonstra-
' * ' ^ * ^ 
• 
/
•
•
•
•
I 
•
1
1
1 
"
1
1
1 
•• 
tion programs, of which some will be school-based models, that 
provide the services of an ombudsman to assist in resolving prob-
lems that are barriers to appropriate educational, related services, 
or other services for children and youth with disabilities. 
"(2) Programs under paragraph (1) shall provide or identify 
personnel to assist children and youth with disabilities, their par-
ents or guardians, special and regular education teachers. State and 
local education administrators, and related services personnel to 
resolve problems in a timely manner through dispute mediation and 
other methods, notwithstanding due process procedures, in order to 
further the delivery of appropriate education and related services. 
Participation in this program does not preclude or delay due process 
under part B of this Act. 
"(3) Ombudsman services for programs under paragraph (1) shall 
be provided by social workers, parent advocates, psychologists, and 
persons with similar qualifications designated by the Secretary.". 
SEC. 502. RESEARCH AND DEMONSTRATION PROJECTS IN PHYSICAL 
EDUCATION AND RECREATION FOR CHILDREN WITH DISABIL-
ITIES. 
Section 642 (20 U.S.C. 1442) is amended by striking "recreation for 
handicapped children" each place such term appears and inserting 
"recreation for children with disabilities, including therapeutic 
recreation". 
SEC. 503. PANELS OF EXPERTS. 
Part E (20 U.S.C. 1441 et seq.) is amended by striking section 643 
20 use 1443, 
and by redesignating section 644 as section 643. 
1444. 
SEC. 504. AUTHORIZATION OF APPROPRIATIONS. 
Section 643, as redesignated by section 503 of this Act, is amended 
to read as follows: 
"AUTHORIZATION OF APPROPRIATIONS 
"SEC. 643. For purposes of carrying out this part, there are 
authorized to be appropriated $21,100,000 for fiscal year 1990, 
$24,650,000 for fiscal year 1991, $27,400,000 for fiscal year 1992, 
$30,200,000 for fiscal year 1993, and $33,200,000 for fiscal year 
1994.". 
TITLE VI—INSTRUCTIONAL MEDIA FOR 
INDIVIDUALS WITH DISABILITIES 
SEC. 601. PURPOSES. 
Section 651 (20 U.S.C. 1451) is amended— 
PUBLIC LAW 101-476—OCT. 30, 1990 
104 STAT. 1139 
(1) by striking the subsection designation; 
(2) in paragraph (1)— 
(A) by inserting "and hard of hearing" after "deaf each 
place it appears; 
(B) in subparg^aph (A), by inserting "and television 
programs" after "those films"; and 
(C) in subparagraph (B), by inserting "and television 
programs" after "these films"; 
(2) in paragraph (2), by striking "and" after the semicolon at 
the end of subparagraph (B), by striking out the period at the 
end of subparagraph (C) and inserting in lieu thereof "; and", 
and by adding at the end the following new subparagraph: 
"(D) utilizing educational media to help eliminate illit-
eracy among individuals with disabilities;"; and 
(3) by striking the period at the end of paragraph (2) and 
inserting "; and" and by adding at the end the following new 
paragraph: 
"(3) the general welfare of visually impaired individuals by— 
"(A) bringing to such individuals an understanding and 
appreciation of textbooks, films, television programs, video 
material, and other educational publications and materials 
that play such an important part in the general and cul-
tural advancement of visually unimpaired individuals; and 
"(B) ensuring access to television programming and other 
video materials.". 
SEC. 602. CAPTIONED FILMS AND EDUCATIONAL MEDIA FOR INDIVID-
UALS WITH DISABILITIES. 
Section 652 (20 U.S.C. 1452) is amended— 
(1) in the heading for such section, by inserting ", TELEVISION, 
DESCRIPTIVE VIDEO," after "FILMS"; 
(2) in subsection (a), by inserting ", descriptive video," after 
"captioned films"; 
(3) in subsection (b)— 
(A) in paragraph (3), by striking "captioning of films" and 
inserting "captioning for deaf and hard of hearing individ-
uals and video description for the visually impaired, of 
films, television programs, and video materials"; and 
(B) in paragraph (4)— 
(i) by striking "captioned films" and inserting "cap-
tioned and video-described films, video materials,"; and 
(ii) inserting "or entities" after "agencies"; 
(C) in paragraph (8), by inserting "and hard of hearing" 
after "deaf; 
(4) in subsection (c), by— 
(A) inserting "and other appropriate non-profit organiza-
tions" after "Inc."; and 
(B) striking "theatrical" and inserting "cultural"; 
(5) in subsection (c)(1), by inserting "and hard of hearing" 
after "deaf; 
(6) in subsection (cX2), by inserting "and hard of hearing" 
after "deaf; and 
(7) in subsection (c)(3), (A) by inserting "and hard of hearing" 
after "deaf, and (B) by inserting ", educational, and social" 
after "cultural". 
(8) by adding at the end the following new subsection: 
104 STAT. 1140 
PUBLIC LAW 101-476—OCT. 30, 1990 
"(d)(1) The Secretary is authorized to make a grant or enter into a 
contract for the purpose of providing current, free textbooks and 
other educational pubhcations and materials to blind and other 
print-handicapped students in elementary, secondary, postsecond-
ary, and graduate schools and other institutions of higher education 
through the medium of transcribed tapes and cassettes. 
"(2) For the purpose of this subsection, the term 'print-handi-
capped' refers to any individual who is blind or severely visually 
impaired, or who, by reason of a physical or perceptual disability, is 
unable to read printed material unassisted.". 
SEC. 603. AUTHORIZATION OF APPROPRIATIONS. 
Section 653 (20 U.S.C. 1454) is amended to read as follows: 
"AUTHORIZATION OF APPROPRIATIONS 
"SEC. 653. For the purpose of carrying out section 652 there are 
authorized to be appropriated $20,010,000 for fiscal year 1991, 
$22,010,000 for fiscal year 1992, $24,200,000 for fiscal year 1993, and 
$26,600,000 for fiscal year 1994.". 
TITLE VII—TECHNOLOGY, EDUCATIONAL 
MEDIA, AND MATERIALS FOR INDIVID-
UALS WITH DISABILITIES 
SEC. 701. FINANCIAL ASSISTANCE. 
Section 661 (20 U.S.C. 1461) is amended— 
(1) in the matter preceding paragraph (1), in the 
first 
sentence, by striking "provision of early intervention" and 
inserting "provision of related services and early intervention 
services"; 
(2) in paragraph (1)— 
(A) by inserting "assistive technology," after "tech-
nology,"; and 
(B) by striking "more effectively" and inserting "most 
effectively, efficiently, and appropriately"; 
(3) in paragraphs (2) through (4), by striking "new tech-
nology," each place such term appears and inserting "tech-
nology, assistive technology,"; 
(4) in paragraph (4), by inserting before the period at the end 
the following: ", where appropriate, to entities described in 
section 610(g)"; 
(5)(A) by striking "and" at the end of paragraph (3); 
(B) by striking the period at the end of paragraph (4) and 
inserting a comma; and 
(C) by adding at the end the following: 
"(5) increasing access to and use of assistive technology de-
vices and assistive technology services in the education of in-
fants, toddlers, children, and youth with disabilities, and other 
activities authorized under the Technology-Related Assistance 
for Individuals With Disabilities Act of 1988, as such Act relates 
to the education of students with disabilities, and 
"(6) examining how these purposes can address the problem of 
illiteracy among individuals with disabilities."; and 
PUBLIC LAW 101-476—OCT. 30, 1990 
104 STAT. 1141 
(6) by inserting "(a)" after the section designation and by 
adding at the end the following new subsection: 
"O^XD With respect to new technology, media, and materials 
utilized with funds under this part to improve the education of 
students with disabilities, the Secretary shall make efforts to ensure 
that such instructional materials are closed captioned. 
"(2) The Secretary may not award a grant, contract, or cooperative 
agreement under paragraphs (1) through (4) of subsection (a) unless 
the applicant for such assistance agrees that activities carried out 
with the assistance will be coordinated, as appropriate, with the 
State entity receiving funds under title I of Public Law 100-407.". 
SEC. 702. AUTHORIZATION OF APPROPRIATIONS. 
Section 662 (20 U.S.C. 1462) is amended to read as follows: 
"AUTHORIZATION OF APPROPRIATIONS 
"SEC. 662. For the purpose of carrying out this part, there are 
authorized to be appropriated $11,900,000 for fiscal year 1991, 
$12,860,000 for fiscal year 1992, $13,890,000 for fiscal year 1993, and 
$15,000,000 for fiscal year 1994.". 
TITLE VIII—INFANTS AND TODDLERS 
WITH DISABILITIES 
SEC. 801. DEFINITIONS. 
Section 672(2XE) (20 U.S.C. 1472(2)(E)) is amended— 
(1) by striking "and" after the comma at the end of clause (ix) 
and inserting "and" after the comma at the end of clause (x); 
and 
(2) by adding at the end the following new clause: 
"(xi) social work services,". 
SEC. 802. REQUIREMENTS FOR STATEWIDE SYSTEM. 
Section 676(b) (20 U.S.C. 1476(b)) is amended— 
(1) in paragraph (6), by inserting before the comma the follow-
ing: ", including the preparation and dissemination by the lead 
agency to all primary referral sources of information materials 
for parents on the availability of early intervention services, 
and procedures for determining the extent to which primary 
referral sources, especially hospitals and physicians, dissemi-
nate information on the availability of early intervention serv-
ices as required under this paragraph to parents of infants with 
disabilities"; and 
(2) in parag[raph (8), by inserting before the comma the follow-
ing: ", including training of primary referral sources respecting 
the basic components of early intervention services available in 
the State". 
TITLE IX—TECHNICAL AMENDMENTS 
SEC. 901. TERMINOLOGY AND TECHNICAL AMENDMENTS. 
(a) REVISION IN SHORT TITLE.— 
individuals with 
(1) Section 601(a) (20 U.S.C. 1400(a)) is amended by striking Disabilities 
"This title" and all that follows and inserting in lieu thereof the Education Act. 
39-194 O - 91 - 6 : QL 3 Part 2 
note. 
104 STAT. 1142 
PUBLIC LAW 101-476—OCT. 30, 1990 
following: "This title may be cited as the Individuals with 
Disabilities Education Act'.". 
(2) The following Acts are each amended by striking "Edu-
cation of the Handicapped Act" each place it occurs and insert-
ing in lieu thereof "Individuals with Disabilities Education 
S
M 42uS:20l 
^^*"' ^^'•^ ^- Perkins Vocational Education and Applied Tech-
et seq.; 20 use 
nology Act; Comprehensive Alcohol Abuse, Drug Abuse, and 
3401 et seq.; 42 
Mental Health Amendments Act of 1988; Department of Edu-
S?SJ?^?.nn^®?' 
cation Organization Act; Developmental Disabilities Assistance 
seq/20 use 
^nd Bill of Rights Act Amendments of 1987; Education for All 
4301 et seq.; 20 
Handicapped Children Act of 1975; Education of the Deaf Act of 
use 2701 etseq.; 
1986; Elementary and Secondary Education Act of 1965; Medi-
^2UScm)5et 
care Catastrophic Coverage Act of 1988; Omnibus Trade and 
2901 et seq.; 29 
Competitiveness Act of 1988; Rehabilitation, Comprehensive 
use701 etseq.; 
Services and Developmental Disabilities Amendments of 1978; 
29 use 2201 et 
and Technology-Related 
Assistance for Individuals 
With 
^®<i- 
Disabilities Act of 1988. 
20 use 1400 
(3) Any other Act and any regulation which refers to the 
Education of the Handicapped Act shall be considered to refer 
to the Individuals with Disabilities Education Act. 
(b) TERMINOLOGY AMENDMENTS.—The Education for the Handi-
capped Act is amended in— 
(1) section 601(bXl) (20 U.S.C. 1400(b)(1)) by striking "handi-
capped children" and inserting "children with disabilities" 
(2) section 601(bX3) (20 U.S.C. 1400(b)(3)) by striking "handi 
capped children" and inserting "children with disabilities" 
(3) section 601(b)(4) (20 U.S.C. 1400a))(4)) by striking "handi 
capped children" and inserting "children with disabilities" 
(4) section 601(b)(5) (20 U.S.C. 1400(b)(5)) by striking "handi 
capped children" and inserting "children with disabilities" 
(5) section 601(b)(5) (20 U.S.C. 1400(b)(5)) by striking "handi 
caps" each place such term appears and inserting "disabilities" 
(6) section 601(b)(7) (20 U.S.C. 1400(bX7)) by striking "handi 
capped children" and inserting "children with disabilities" 
(7) section 6010t)X8) (20 U.S.C. 1400(bX8)) by striking "handi-
capped children" each place such term appears and inserting 
"children with disabilities"; 
(8) section 601(bX9) (20 U.S.C. 1400(bX9)) by striking "handi-
capped children" and inserting "children with disabilities"; 
(9) section 601(c) (20 U.S.C. 1400(c)) by striking "handicapped 
children" each place such term appears and inserting "children 
with disabilities"; 
(10) section 602(aXl) (20 U.S.C. 1401(aXl)) by striking "handi-
capped children" and inserting "children with disabilities"; 
(11) section 602(aX13) (20 U.S.C. 1401(aX13)) by striking 
"handicapped children" and inserting "children with disabil-
ities"; 
(12) section 602(aX15) (20 U.S.C. 1401(aX15)) by striking 
"handicaps" each place such term appears and inserting 
"disabilities"; 
(13) section 602(aX16) (20 U.S.C. 1401(aX16)) by striking 
"handicapped child" and inserting "child with a disability'; 
(14) section 602(aX17) (20 U.S.C. 1401(aX17)) by striking 
"handicapped child" and inserting "child with a disability'; 
(15) section 602(aX17) (20 U.S.C. 1401(aX17)) by striking 
"handicapping" and inserting "disabling"; 
PUBLIC LAW 101-476—OCT. 30, 1990 
104 STAT. 1143 
(16) section 602(a)(19) (20 U.S.C. 1401(a)(19)) by striking 
"handicapped child" and inserting "child with a disability"; 
(17) section 602(a)(19) (20 U.S.C. 1401(aX19)) by striking 
"handicapped children" and inserting "children with disabil-
ities"; 
(18) section 602(a)(22) (20 U.S.C. 1401(a)(22)) by striking 
"handicapped children" and inserting "children with disabil-
ities"; 
(19) section 602(b) (20 U.S.C. 1401(b)) by striking "handicapped 
youth" and inserting "youth with a disability"; 
(20) section 6020)) (20 U.S.C. 1401(b)) by striking "handicapped 
child" and inserting "child with a disability"; 
(21) section 603(a) (20 U.S.C. 1402(a)) by striking "the handi-
capped" and inserting "individuals with disabilities"; 
(22) the section heading to section 606 (20 U.S.C. 1405) by 
striking "HANDICAPPED INDIVIDUALS" and inserting "INDIVID-
UALS WITH DISABIUTIES"; 
(23) section 606 (20 U.S.C. 1405) by striking "handicapped 
individuals" and inserting "individuals with disabilities"; 
(24) section 608fl3) (20 U.S.C. 1407(b)) by striking "handicapped 
children" and inserting "children with disabilities"; 
(25) section 611(aXlXA) (20 U.S.C. 1411(aXlXA)) by striking 
"handicapped children" each place such term appears and 
inserting "children with disabilities"; 
(26) section 611(aX3) (20 U.S.C. 1411(aX3)) by striking "handi-
capped children" and inserting "children with disabilities"; 
(27) section 611(aX5XAXi) (20 U.S.C. 1411(aX5XA)(i)) by striking 
"handicapped children" each place such term appears and 
inserting "children with disabilities"; 
(28) section 611(aX5XA)(ii) (20 U.S.C. 1411(aX5XAXii)) by strik-
ing "handicapped children" each place such term appears and 
inserting "children with disabilities"; 
(29) section 611(aX5XAXiii) (20 U.S.C. 1411(aX5XAXiii)) by strik-
ing "handicapped children" and inserting "children with 
disabilities"; 
(30) section 611(cX4XB) (20 U.S.C. 1411(cX4)(B)) by striking 
"handicapped children" and inserting "children with disabil-
ities"; 
(31) section 611(d) (20 U.S.C. 1411(d)) by striking "handicapped 
children" each place such term appears and inserting "children 
wdtli d.isd.l3ilit)i6s" 
* 
(32) section 611(f) (20 U.S.C. 1411(f)) by striking "handicapped 
children" each place such term appears and inserting "children 
with disabilities"; 
(33) section 612(1) (20 U.S.C. 1412(1)) by striking "handicapped 
children" and inserting "children with disabilities"; 
(34) section 612(2XA) (20 U.S.C. 1412(2XA)) by striking "handi-
capped children" and inserting "children with disabilities"; 
(35) section 612(2XB) (20 U.S.C. 1412(2XB)) by striking "handi-
capped children" each place such term appears and inserting 
"children with disabilities"; 
(36) section 612(2XC) (20 U.S.C. 1412(2XC)) by striking "handi-
capped," and inserting "disabled,"; 
(37) section 612(2XC) (20 U.S.C. 1412(2X0) by striking "handi-
cap," and inserting "disability,"; 
104 STAT. 1144 
PUBLIC LAW 101-476—OCT. 30, 1990 
(38) section 612(3) (20 U.S.C. 1412(3)) by striking "handicapped 
children," each place such term appears and inserting "children 
with disabilities,"; 
(39) section 612(3) (20 U.S.C. 1412(3)) by striking "handicaps" 
and inserting "disabilities"; 
(40) section 612(4) (20 U.S.C. 1412(4)) by striking "handicapped 
child," and inserting "child with a disability,"; 
(41) section 612(5) (20 U.S.C. 1412(5)) by striking "handicapped 
children" each place such term appears and inserting "children 
with disabilities"; 
(42) section 612(5) (20 U.S.C. 1412(5)) by striking "handi-
capped," and inserting "disabled,"; 
(43) section 612(5) (20 U.S.C. 1412(5)) by striking "handicap" 
and inserting "disability"; 
(44) section 612(6) (20 U.S.C. 1412(6)) by striking "handicapped 
children" each place such term appears and inserting "children 
with disabilities"; 
(45) section 612(7) (20 U.S.C. 1412(7)) by striking "handicapped 
children" each place such term appears and inserting "children 
with disabilities"; 
(46) section 612(7) (20 U.S.C. 1412(7)) by striking "handicapped 
individuals" and inserting "individuals with disabilities"; 
(47) section 613(aX2) (20 U.S.C. 1413(a)(2)) by striking "handi-
capped children" each place such term appears and inserting 
"children with disabilities"; 
(48) section 613(a)(4)(A) (20 U.S.C. 1413(a)(4)(A)) by striking 
"handicapped children" and inserting "children with disabil-
ities"; 
(49) section 613(a)(4)(B)(i) (20 U.S.C. 1413(a)(4XBXi)) by striking 
"handicapped children" each place such term appears and 
inserting ' children with disabilities"; 
(50) section 613(aX9)(B) (20 U.S.C. 1413(aX9)(B)) by striking 
"handicapped children" and inserting "children with disabil-
ities"; 
(51) section 613(aXll) (20 U.S.C. 1413(aXll)) by striking 
"handicapped children" and inserting "children with disabil-
ities"; 
(52) section 613(aX12) (20 U.S.C. 
"handicapped children" each place 
inserting "children with disabilities"; 
(53) section 613(aX12) (20 U.S.C. 1413(aX12)) by striking 
"handicapped individuals" and inserting "individuals with 
disabilities"; 
(54) section 613(aX13XA) (20 U.S.C. 1413(aX13)(A)) by striking 
"handicapped children and youth" and inserting "children and 
youth with disabilities"; 
(55) section 613(b) (20 U.S.C. 1413(b)) by striking "handicapped 
children" and inserting "children with disabilities"; 
(56) section 613(dXl) (20 U.S.C. 1413(dXl)) by striking "handi-
capped children" and inserting "children with disabilities"; 
(57) section 613(dX2XA) (20 U.S.C. 1413(dX2XA)) by striking 
"handicapped children" and inserting "children with disabil-
ities"; 
(58) section 613(e) (20 U.S.C. 1413(e)) by striking "handicapped 
children" and inserting "children with disabilities"; 
(59) section 614(aXlXA) (20 U.S.C. 1414(aXlXA)) by striking 
"handicapped" and inserting "disabled"; 
1413(aX12)) by striking 
such term appears and 
PUBLIC LAW 101-476—OCT. 30, 1990 
104 STAT. 1145 
(60) section 614(aXlXA) (20 U.S.C. 1414(aXlXA)) by striking 
"handicap" and inserting "disability". 
(61) section 614(aXlXC) (20 U.S.C. 1414(aXlXC)) by striking 
"handicapped children" £ind inserting "children with disabil-
ities"* 
(62) section 614(aXlXCXii) (20 U.S.C. 1414(aXlXCXii)) by strik-
ing "handicapped children" each place such term appears and 
inserting "children with disabilities"; 
(63) section 614(aXlXCXii) (20 U.S.C. 1414(aXlXCXii)) by strik-
ing "handicaps" and inserting "disabilities"; 
(64) section 614(aX2XB) (20 U.S.C. 1414(aX2XB)) by striking 
"handicapped children" each place such term appears and 
inserting "children with disabilities"; 
(65) section 614(aX3) (20 U.S.C. 1414(aX3)) by striking "handi-
capped children" and inserting "children with disabilities"; 
(66) section 614(aX5) (20 U.S.C. 1414(aX5)) by striking "handi-
capped child" and inserting "child with a disability"; 
(67) section 614(cXl) (20 U.S.C. 1414(cXl)) by striking "handi-
capped children" and inserting "chUdren with disabilities"; 
(68) section 614(d) (20 U.S.C. 1414(d)) by striking "handicapped 
children" each place such term appears and inserting "children 
with disabilities"; 
(69) section 614(e) (20 U.S.C. 1414(e)) by striking "handicapped 
children" each place such term appears and inserting "children 
with disabilities"; 
(70) section 614(f) (20 U.S.C. 1414(f)) by striking "handicapped 
children" and inserting "children with disabilities"; 
(71) section 615(a) (20 U.S.C. 1415(a)) by striking "handicapped 
children" and inserting "children with disabilities"; 
(72) section 615(bXlXA) (20 U.S.C. 1415(bXlXA)) by striking 
"handicapped child" and inserting "child with a disability"; 
(73) section 615(dXl) (20 U.S.C. 1415(dXl)) by striking "handi-
capped children" and inserting "children with disabilities"; 
(74) section 615(eX4XB) (20 U.S.C. 1415(eX4XB)) by striking 
"handicapped child or youth" and inserting "child or youth 
with a disability"; 
(75) section 615(f) (20 U.S.C. 1415(f)) by striking "handicapped 
children and youth" and inserting "children and youth with 
disabilities"; 
(76) section 616(aX2XB) (20 U.S.C. 1416(aX2XB)) by striking 
"handicapped children" each place such term appears and 
inserting "children with disabilities"; 
(77) section 617(aXlXA) (20 U.S.C. 1417(aXlXA)) by striking 
"hcindicapped children" and inserting "children with disabil-
ities"; 
(78) section 617(aXlXD) (20 U.S.C. 1417(aXlXD)) by striking 
"handicapped children" and inserting "children with disabil-
ities"' 
(79) section 619(aXlXC) (20 U.S.C. 1419(aXlXC)) by striking 
"handicapped children" and inserting "children with disabil-
ities"; 
(80) section 619(aX2XAXi) (20 U.S.C. 1419(aX2XAXi)) by striking 
"handicapped child" and inserting "child with a disability ; 
(81) section 619(aX2XAXii) (20 U.S.C. 1419(aX2XAXii)) by strik-
ing "handicapped children" and inserting "children with 
disabilities"; 
104 STAT. 1146 
PUBLIC LAW 101-476—OCT. 30, 1990 
(82) section 619(aX2)(A)(ii)(I) (20 U.S.C. 1419(aX2)(AXiiXI)) by 
striking "handicapped child" and inserting "child with a 
disability"; 
(83) section 619(aX2XAXiiXn) (20 U.S.C. 1419(a)(2)(AXiiXII)) by 
striking "handicapped children" and inserting "children with 
disabilities"; 
(84) section 619(aX2)(D) (20 U.S.C. 1419(aX2XD)) by striking 
"handicapped child" and inserting "child with a disability"; 
(85) section 619(aX2)(F)(i) (20 U.S.C. 1419(aX2XFXi)) by striking 
"handicapped child" each place such term appears and insert-
ing "child with a disability"; 
(86) section 619(bXl)(B) (20 U.S.C. 1419(bXl)(B)) by striking 
"handicapped children" and inserting "children with disabil-
ities"; 
(87) section 619(bX3) (20 U.S.C. 1419(b)(3)) by striking "handi-
capped child" and inserting "child with a disability"; 
(88) section 619(cXl)(A) (20 U.S.C 1419(cXlXA)) by striking 
"handicapped children" and inserting "children with disabil-
ities"; 
(89) section 619(cXlXB) (20 U.S.C. 1419(cXl)(B)) by striking 
"handicapped children" and inserting "children with disabil-
ities"; 
(90) section 619(c)(2)(A) (20 U.S.C. 1419(c)(2)(A)) by striking 
"handicapped children" and inserting "children with disabil-
ities"; 
(91) section 619(cX2XB) (20 U.S.C. 1419(cX2XB)) by striking 
"handicapped children" and inserting "children with disabil-
ities"; 
(92) section 619(cX3)(A) (20 U.S.C. 1419(c)(3XA)) by striking 
"handicapped children" each place such term appears and 
inserting "children with disabilities"; 
(93) section 619(cX3XB) (20 U.S.C. 1419(cX3XB)) by striking 
"handicapped children" and inserting "children with disabil-
ities"; 
(94) the heading to part C by striking "HANDICAPPED INDIVID-
UALS" and inserting "INDIVIDUALS WITH DISABIUTIES"; 
(95) section 621(aXl) (20 U.S.C. 1421(aXl)) by striking "handi-
capped children and youth" and inserting "children and youth 
with disabilities"; 
(96) section 621(aXl) (20 U.S.C. 1421(aXl)) by striking "handi-
capped infants and toddlers" and inserting "infants and 
toddlers with disabilities"; 
(97) section 621(aX2) (20 U.S.C. 1421(aX2)) by striking "handi-
capped children and youth" and inserting "children and youth 
with disabilities"; 
(98) section 621(aX2) (20 U.S.C. 1421(aX2)) by striking "handi-
capped infants and toddlers" and inserting "infants and 
toddlers with disabilities"; 
(99) section 621(a)(4) (20 U.S.C. 1421(a)(4)) by striking "handi-
capped infants, toddlers, children, and youth" and inserting 
"infants, toddlers, children, and youth with disabilities"; 
(100) the heading to section 623 (20 U.S.C. 1423) by striking 
"HANDICAPPED 
CHILDREN" 
and 
inserting 
"CHILDREN 
WITH 
DISABILITIES"' 
(101) section 623(aXl) (20 U.S.C. 1423(aXl)) by striking "handi-
capped children" and inserting "children with disabilities"; 
PUBLIC LAW 101-476—CXrr. 30, 1990 
104 STAT. 1147 
1423(b)) by striking "handi-
"children with disabilities"; 
1423(c)) by striking "handi-
"children with disabilities"; 
1423(d)) by striking "handi-
(102) section 623(aXlXD) (20 U.S.C. 1423(aXlXD)) by striking 
"handicapped children" and inserting "children with disabil-
ities"; 
(103) section 623(b) (20 U.S.C. 
capped children" and inserting 
(104) section 623(c) (20 U.S.C. 
capped children" and inserting 
(105) section 623(d) (20 U.S.C. 
capped children" each place such term appears and inserting 
"children with disabilities"* 
(106) section 623(f) (20 U.S.C. 1423(f)) by striking "handicapped 
children" and inserting "children with disabilities"; 
(107) the heading to section 624 (20 U.S.C. 1424) by striking 
"SEVERELY HANDICAPPED CHILDREN" and inserting "CHILDREN 
WITH SEVERE DISABILITIES"; 
(108) section 624(a) (20 U.S.C. 1424(a)) by striking "severely 
handicapped children and youth" and inserting "cMldren and 
youth with severe disabilities"; 
(109) section 624(aXl) (20 U.S.C. 1424(aXl)) by strikmg "handi-
capped children and youth" and inserting "children and youth 
with disdl^ilii/ifis 
(110) section 624(aX2) (20 U.S.C. 1424(aX2)) by striking "handi-
capped children and youth" and inserting "children and youth 
WT-tli. d.is&.biliiji6S 
(111) section 625(aXl) (20 U.S.C. 1425(aXl)) by striking "handi-
capped individuals" and inserting "individuals with disabil-
ities"' 
(112) section 625(aX2) (20 U.S.C. 1425(aX2)) by striking 
"handicapping" and inserting "disabling"; 
(113) section 625(aX2XA) (20 U.S.C. 1425(aX2XA)) by striking 
"handicapped individuals" and inserting "individuals with 
(114) section 625(aX2XB) (20 U.S.C. 1425(aX2XB)) by striking 
"handicapped individuals" and inserting "individuals with 
disabilities"; 
(115) section 625(aX2XB) (20 U.S.C. 1425(aX2XB)) by striking 
"nonhandicapped" and inserting "nondisabled"; 
(116) section 625(aX3) (20 U.S.C. 1425(aX3)) by striking "handi-
capped persons" and inserting "persons with <fisabilities"; 
(117) 
section 
625(b) (20 U.S.C. 
1425(b)) by striking 
"handicapped individuals" and inserting "individuals with 
disabilities"; 
(118) section 6250)) (20 U.S.C. 1425(b)) by striking "visually 
handicapped" and inserting "visually disabled"; 
(119) the heading to section 626 (20 U.S.C. 1426) by striking 
"HANDICAPPED CHILDREN AND YOUTH" and inserting "CHILDREN 
AND YOUTH WITH DISABILITIE!S"* 
(120) section 626(aXl) (20 U.S.C. 1426(aXl)) by striking "handi-
capped youth" and inserting "youth with disabilities"; 
(121) section 626(aX3) (20 U.S.C. 1426(aX3)) by striking "handi-
capped students" and inserting "students with disabilities"; 
(122) section 626(b) (20 U.S.C. 
capped youth" each place such 
"youth with disabilities"; 
(123) section 626(b) (20 U.S.C. 1426(b)) by striking "handi- 
20 use 1425 
1426(b)) by striking "handi-
term appears and inserting 
20 u s e 1424a. 
20 u s e 1424a. 
20 use 1424a. 
20 u s e 1424a. 
20 u s e 1424a. 
20 use 1424a. 
20 u s e 1424a. 
20 u s e 1424a. 
20 use 1425. 
20 use 1425. 
20 u s e 1425. 
20 use 1425. 
capping" 
each 
"disabling"; 
place such term 
appears and inserting 
104 STAT. 1148 
PUBLIC LAW 101-476—OCT. 30, 1990 
20 use 1425. 
20 use 1425. 
20 use 1425. 
20 use 1425. 
20 u s e prec. 
1431. 
(124) section 626(b)(9) (20 U.S.C. 1426(b)(9)) by striking "handi-
capped students' acquisition of the skills" and inserting "the 
acquisition of skills by students with disabilities"; 
(125) section 626(dX2) (20 U.S.C. 1426(dX2)) by striking "handi-
capped youth" and inserting "youth with disabilities"; 
(126) section 626(d)(3) (20 U.S.C. 1426(d)(3)) by striking "handi-
capped students" each place such term appears and inserting 
"students with disabilities"; 
(127) section 626(e) (20 U.S.C. 1426(e)) by striking "handi-
capped children and youth" and inserting "children and youth 
with disabilities"; 
(128) the heading to part D by striking 
"HANDICAPPED 
INDIVIDUALS" and inserting "INDIVIDUALS WITH DISABIUTIES"; 
(129) section 631(a)(1)(B) (20 U.S.C. 1431(aXl)(B)) by striking 
"handicapped children and youth" and inserting "children and 
youth with disabilities"; 
(130) section 631(b) (20 U.S.C. 1431(b)) by striking "handi-
capped children" and inserting "children with disabilities"; 
(131) section 631(cXl) (20 U.S.C. 1431(cXl)) by striking "handi-
capped children" each place such term appears and inserting 
"children with disabilities"; 
(132) section 631(cX2)(A) (20 U.S.C. 1431(cX2XA)) by striking 
"handicapped children" and inserting "children with disabil-
ities"; 
(133) section 631(cX2XA) (20 U.S.C. 1431(cX2XA)) by striking 
"handicapped children and youth" and inserting "children and 
youth with disabilities"; 
(134) section 631(cX2XA) (20 U.S.C. 1431(cX2XA)) by striking 
"handicapping" and inserting "disabling"; 
(135) section 631(cX2)(B) (20 U.S.C. 1431(cX2XB)) by striking 
"handicapping" and inserting "disabling"; 
(136) section 631(cX4XB) (20 U.S.C. 1431(cX4XB)) by striking 
"handicapped children" and inserting "children with disabil-
ities"; 
(137) section 631(cX5)(A) (20 U.S.C. 1431(cX5XA)) by striking 
"handicapping" and inserting "disabling"; 
(138) section 631(cX5XB) (20 U.S.C. 1431(cX5XB)) by striking 
"handicapped children's educational programs" and inserting 
"educational programs of children with disabilities"; 
(139) section 631(cX5XD) (20 U.S.C. 1431(cX5XD)) by striking 
"handicapped child's individualized educational program" and 
inserting "the individualized educational program of a child 
with a disability"; 
(140) section 631(cX5XE) (20 U.S.C. 1431(cX5XE)) by striking 
"handicapped children" and inserting "children with disabil-
ities"; 
(141) section 631(cX5XF) (20 U.S.C. 1431(cX5XF)) by striking 
"handicapped children" and inserting "children with disabil-
ities"; 
(142) section 631(cX7) (20 U.S.C. 1431(c)(7)) by striking "handi-
capped children and youth" and inserting "children and youth 
with disabilities"; 
(143) section 632(c) (20 U.S.C. 1432(c)) by striking "handi-
capped infants, toddlers, children, and youth" and inserting 
"infants, toddlers, children, and youth with disabilities"; 
PUBLIC LAW 101-476—OCT. 30, 1990 
104 STAT. 1149 
(144) section 633(c) (20 U.S.C. 1433(c)) by striking "handi-
capped children and youth" and inserting "children and youth 
with disabilities"; 
(145) the heading to section 643 (20 U.S.C. 1443) by striking 20 use 1442. 
"HANDICAPPED 
CHILDREN" 
and 
inserting 
"CHILDREN 
WITH 
DISABILITIES' ' * 
(146) section 643 (20 U.S.C. 1443) by striking "handicapped 
20 USC 1442. 
children" each place such term appears and inserting "children 
with disabilities"; 
(147) section 644(aXl) (20 U.S.C. 1444(a)(1)) by striking 20 USC 1443. 
"handicapped individuals" and inserting "individuals with 
disabilities"; 
(148) section 644(a)(2) (20 U.S.C. 1444(a)(2)) by striking "handi- 20 USC 1443. 
capped individuals" each place such term appears and inserting 
"individuals with disabilities"; 
(149) the heading to part F by striking "HANDICAPPED INDIVID- 
20 use prec. 
UALs" and inserting "INDIVIDUALS WITH DISABIUTIES"; 
^^^^ 
(150) section 651(a)(2) (20 U.S.C. 1451(a)(2)) by striking "handi-
capped individuals" each place such term appears and inserting 
"individuals with disabilities"; 
(151) section 652(a) (20 U.S.C. 1452(a)) by striking "handi-
capped individuals" each place such term appears and inserting 
"individuals with disabilities"; 
(152) section 652a))(5) (20 U.S.C. 1452(b)(5)) by striking "handi-
capped individuals" each place such term appears and inserting 
"individuals with disabilities"; 
(153) the heading to part G by striking 
"HANDICAPPED 
20 use prec. 
INDIVIDUALS" and inserting "INDIVIDUALS WITH DISABIUTIES"; 
^'^^^ 
(154) section 661 (20 U.S.C. 1461) by striking "handicapped 
students" each place such term appears and inserting "students 
with disabilities"; 
(155) section 661 (20 U.S.C. 1461) by striking "handicapped 
infants and toddlers" and inserting "infants and toddlers with 
disabilities"; 
(156) section 661 (20 U.S.C. 1461) by striking "handicapped 
individuals" each place such term appears and inserting 
"individuals with disabilities"; 
(157) the heading to part H by striking "HANDICAPPED IN- 20 use prec. 
FANTS AND ToDDLERs" and inserting "INFANTS AND TODDLERS ^^^^-
^
W
^
i
T
H DISABILITIES"* 
(158) section 671(a) (20 U.S.C. 1471(a)) by striking "handi-
capped infants and toddlers" each place such term appears and 
inserting "infants and toddlers with disabilities"; 
(159) section 671(aX3) (20 U.S.C. 1471(a)(3)) by striking 
"handicapped individuals" and inserting "individuals with 
disabilities"; 
(160) section 67105X1) (20 U.S.C. UlKhXi)) by striking "handi-
capped infants and toddlers" and inserting "infants and 
toddlers with disabilities"; 
(161) section 6710t)X3) (20 U.S.C. 1471(bX3)) by striking "handi-
capped infants and toddlers" and inserting "infants and 
toddlers with disabilities"; 
(162) section 672(1) (20 U.S.C. 1472(1)) by striking "handi-
capped infants and toddlers" and inserting "infants and 
toddlers with disabilities"; 
(163) section 672(2) (20 U.S.C. 1472(2)) by striking "a handi-
capped infant's or toddler's developmental needs" and inserting 
104 STAT. 1150 
PUBLIC LAW 101-476—OCT. 30, 1990 
"the developmental needs of an infant or toddler with a 
disability"; 
(164) section 673 (20 U.S.C. 1473) by striking "handicapped 
infants and toddlers" and inserting "infants and toddlers with 
disabilities"; 
(165) section 675(d) (20 U.S.C. 1475(d)) by striking "handi-
capped children" and inserting "children with disabilities"; 
(166) section 676(a) (20 U.S.C. 1476(a)) by striking "handi-
capped infants and toddlers" and inserting "infants and 
toddlers with disabilities"; 
(167) section 676(b)(2) (20 U.S.C. 1476(b)(2)) by striking "handi-
capped infants and toddlers" and inserting "infants and 
toddlers with disabilities"; 
(168) section 676(b)(3) (20 U.S.C. 1476(bX3)) by striking "handi-
capped infant and toddler" and inserting "infant and toddler 
with a disability"; 
(169) section 676(bX3) (20 U.S.C. 1476(b)(3)) by striking "handi-
capped infant or toddler" and inserting "infant or toddler with 
a disability"; 
(170) section 676(b)(4) (20 U.S.C. 14760t))(4)) by striking "handi-
capped infants and toddlers" and inserting "infants and 
toddlers with disabilities"; 
(171) section 676(b)(6) (20 U.S.C. 1476(b)(6)) by striking "handi-
capped infants and toddlers" and inserting "infants and 
toddlers with disabilities"; 
(172) section 676(b)(9XD) (20 U.S.C. 1476(bX9)(D)) by striking 
"handicapped infants and toddlers" and inserting "infants and 
toddlers with disabilities"; 
(173) section 676(bX14) (20 U.S.C. 1476(bX14)) by striking 
"handicapped infants and toddlers" and inserting "infants and 
toddlers with disabilities"; 
(174) section 677(a) (20 U.S.C. 1477(a)) by striking "handi-
capped infant or toddler" and inserting "infant or toddler with 
a disability"; 
(175) section 677(dX2) (20 U.S.C. 1477(dX2)) by striking "handi-
capped infant or toddler" and inserting "infant or toddler with 
a disability"; 
(176) section 677(dX7) (20 U.S.C. 1477(d)(7)) by striking "handi-
capped toddler" and inserting "toddler with a disability"; 
(177) section 678(bX5) (20 U.S.C. 1478(bX5)) by striking "handi-
capped infants and toddlers" and inserting "infants and 
toddlers with disabilities"; 
(178) section 679 (20 U.S.C. 1479) by striking "handicapped 
infants and toddlers" each place such term appears and insert-
ing "infants and toddlers with disabilities"; 
(179) section 680(4) (20 U.S.C. 1480(4)) by striking "handi-
capped infant or toddler" and inserting "infant or toddler with 
a disability"; 
(180) section 680(5) (20 U.S.C. 1480(5)) by striking "handi-
capped infant or toddler" each place such term appears and 
inserting "infant or toddler with a disability"; 
(181) section 6810i>) (20 U.S.C. 1481(b)) by striking "handi-
capped infants and toddlers" and inserting ' infants or toddlers 
with disabilities"; 
(182) section 682(eX3) (20 U.S.C. 1482(eX3)) by striking "handi-
capped infants and toddlers" and inserting "infants or toddlers 
with disabilities"; 
PUBLIC LAW 101-476—OCT. 30, 1990 
104 STAT. 1151 
(183) section 683(2) (20 U.S.C. 1483(2)) by striking "handi-
capped children" each place such term appears and inserting 
"children with disabilities"; 
(184) section 683(2) (20 U.S.C. 1483(2)) by striking "handi-
capped infants and toddlers" and inserting "infants and 
toddlers with disabilities"; and 
(185) section 684(bXl) (20 U.S.Q. 1484(bXl)) by striking "handi-
capped infants and toddlers" and inserting "infants and 
toddlers with disabilities". 
(c) TECHNICAL AMENDMENT.—Section 612(3) (20 U.S.C. 1412(3)) is 
amended by inserting "category" after "disability". 
(d) HEAD START ACT.—Section 640(d) of the Head Start Act (42 
U.S.C. 9835(d)) is amended by— 
(1) striking "handicapped children" and inserting "children 
with disabilities"; and 
(2) striking "handicapping" and inserting "disabling". 
(e) HIGHER EDUCATION ACT OF 1965.—Section 465(aX2) of the 
Higher Education Act of 1965 (20 U.S.C. 1087ee(aX2)) is amended by 
striking "handicapped children" each place such term appears and 
inserting "children with disabilities". 
(f) IMPACT AID.—Public Law 81-874 (20 U.S.C. 258) is amended 
in— 
(1) section 3(dX2)(C), by striking "handicapped children" each 20 USC 238. 
place such term appears and inserting "children with disabil-
ities"; and 
(2) section 403(10), by striking "handicapped" and inserting 20 USC 244. 
"disabled". 
(g) TEMPORARY CHILD CARE FOR HANDICAPPED CHILDREN AND 
CRISIS NURSERIES ACT OF 1986.—Section 205(d)(2) of the Temporary 
Child Care for Hemdicapped Children and Crisis Nurseries Act of 
1986 (42 U.S.C. 5117c(dX2)) is amended by striking "handicapped 
children" and inserting "children with disabilities". 
TITLE X—GENERAL PROVISION 
SEC. 1001. EFFECTIVE DATE. 
20 USC 238 note. 
The amendments made by this Act shall take effect October 1, 
1990. 
Approved October 30, 1990. 
LEGISLATIVE HISTORY—S. 1824 (H.R. 1013): 
HOUSE REPORTS: No. 101-544 accompanying H.R. 1013 (Comm. on Education and 
Labor) and No. 101-787 (Comm. of Conference). 
SENATE REPORTS: No. 101-204 (Comm. on Labor and Human Resources). 
CONGRESSIONAL RECORD: 
Vol. 135 (1989): Nov. 16, considered and passed Senate. 
Vol. 136 (1990): June 18, H.R. 1013 considered and passed House; S. 1824, 
amended, passed in lieu. 
Oct. 2, Senate agreed to conference report. 
Oct. 15, House agreed to conference report.