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SECTION 1. SHORT TITLE.

This Act may be cited as the ''IDEA Improvement Act of 1994''.

SEC. 2. AMENDMENTS TO INDIVIDUALIZED EDUCATION PROGRAM TO INCREASE
ACHIEVEMENT OF ANNUAL GOALS UNDER THE PROGRAM.

(a) Amendments to Definition of Individualized Education Program.--
Section 602(a)(20) of the Individuals with Disabilities Education Act
(20 U.S.C. 1401(a)(20)) is amended--
(1) in subparagraph (A), by inserting before the comma at
the end the following: '', or, where appropriate, a statement
of the present levels of educational performance of such child
in the general educational program established for nondisabled
children'';
(2) in subparagraph (B), by inserting before the comma at
the end the following: '', and, where appropriate, a statement
of the annual goals designed to help the child succeed in the
general educational program established for nondisabled
children'';
(3) in subparagraph (E), by striking the ''and'' at the
end;
(4) in subparagraph (F)--
(A) by striking ''instructional objectives'' and
inserting ''the annual goals described in subparagraph
(B)''; and
(B) by striking the period at the end and inserting
a comma; and
(5) by adding at the end the following new subparagraph:
''(G) a description of how the services designated
under the previous individualized education program of
the child have been modified if, according to the
criteria and procedures designated in subparagraph (F),
the previous annual goals described in subparagraph (B)
were not substantially achieved.''.
(b) Revision of Individualized Education Program for Failure to
Substantially Achieve Annual Goals.--Section 614(a)(5) of such Act (20
U.S.C. 1414(a)(5)) is amended by adding at the end before the semicolon
the following: '', except that the local educational agency or
intermediate educational unit shall, with respect to each child with a
disability who has failed to substantially achieve the annual goals of
the individualized education program for the prior school year, revise
the provisions of such program for such child accordingly at the
beginning of the next school year''.

SEC. 3. INCREASING PARENTAL PARTICIPATION IN THE DEVELOPMENT OF AND
IMPROVING INFORMATION ABOUT THE SPECIAL EDUCATION
PROGRAM.

(a) Increasing Participation by Parents.--Section 615(b)(1)(A) of
the Individuals with Disabilities Education Act (20 U.S.C.
1415(b)(1)(A)) is amended by inserting ''and to participate in
meetings'' after ''to examine all relevant records''.
(b) Improving Communication With Parents.--Section 615(b)(1)(C) of
such Act (20 U.S.C. 1415(b)(1)(C)) is amended by inserting '', with
clearly written explanations of relevant terminology,'' after ''written
prior notice''.
(c) Publication of Procedural Safeguards Under Act.--Section 617 of
such Act (20 U.S.C. 1417) is amended by adding at the end the following
new subsection:
''(e) In carrying out the Secretary's duties under this part, the
Secretary shall--
''(1) not later than 6 months after the date of the
enactment of this subsection, produce a publication that--
''(A) clearly describes the procedural safeguards
available to children with disabilities and the parents
or guardians of such children under this part;
''(B) includes the steps such children and parents
or guardians should take to avail themselves of such
safeguards; and
''(C) includes a description of the procedures
relating to eligibility, initial evaluation,
development of the individualized education program or
the individualized family services program, and
educational placement, and the responsibilities of
States and local educational agencies in carrying out
the requirements of the Act; and
(2) make such publication available in various forms,
including electronic form, to appropriate Federal and State
agencies and the general public.''.

SEC. 4. ESTABLISHMENT OF MEDIATION PROCEDURES UNDER THE SPECIAL
EDUCATION PROGRAM AND THE EARLY INTERVENTION SERVICES
PROGRAM FOR INFANTS AND TODDLERS WITH DISABILITIES.

(a) Mediation Under Part B.--
(1) State plan requirement.--Section 613(a) of the
Individuals with Disabilities Education Act (20 U.S.C. 1413(a))
is amended--
(A) in paragraph (14), by striking at the end '';
and'' and inserting a semicolon;
(B) in paragraph (15), by striking the period at
the end and inserting ''; and''; and
(C) by adding at the end the following new
paragraph:
''(16) provide for procedures that will allow parties to
disputes involving the provision of free appropriate public
education to children with disabilities by any State
educational agency, local educational agency, or intermediate
educational unit which receives assistance under this part to
resolve such disputes through mediation in accordance with
section 615(f).''.
(2) Procedural safeguard requirement.--Section 615 of such
Act (20 U.S.C. 1415) is amended--
(A) in subsection (a), by striking ''subsection
(e)'' and inserting ''subsection (f);
(B) by redesignating subsection (f) as subsection
(g); and
(C) by inserting after subsection (e) the following
new subsection:
''(f)(1) The procedures required by this subsection shall allow
parties to disputes involving the provision of free appropriate public
education to children with disabilities by any State educational
agency, local educational agency, or intermediate educational unit
which receives assistance under this part to resolve such disputes
through mediation.
''(2) Such procedures shall meet the following requirements:
''(A) The procedures shall ensure that the mediation
process--
''(i) is voluntary and may be waived by any party
to the dispute at any time during such process; and
''(ii) is not used to deny or delay access by a
parent or guardian to due process hearings under this
section.
''(B) The State shall maintain a list of individuals
experienced in mediation and knowledgeable in laws and
regulations relating to the provision of special education and
related services.
''(C) The State shall bear the cost of the mediator in the
mediation process.
''(D) Each session in the mediation process shall be
scheduled in a timely manner and shall be held in a location
that is convenient to the parties to the dispute.
''(E) An agreement reached by the parties to the dispute in
the mediation process shall be set forth in a written mediation
agreement.
''(F) Discussions that occur during the mediation process
shall be confidential and may not be used as evidence in any
subsequent due process hearings, and the parties to the
mediation process may be required to sign a confidentiality
pledge prior to the commencement of such process.''.
(b) Regional Resource Center Requirement.--Section 621(a) of such
Act (20 U.S.C. 1421(a)) is amended--
(1) in paragraph (4), by striking at the end '', and'' and
inserting a comma;
(2) in paragraph (5), by striking the period at the end and
inserting '', and''; and
(3) by adding at the end the following new paragraph:
''(6) provide information to and training for agencies,
institutions, organizations, and parents relating to techniques
and approaches for informal dispute resolution, including
mediation.''.
(c) Parent Training and Information Programs.--Section 631(e)(5) of
such Act (20 U.S.C. 1431(e)(5)) is amended--
(1) in subparagraph (E), by striking at the end '', and''
and inserting a comma;
(2) in subparagraph (F), by striking the period at the end
and inserting '', and''; and
(3) by adding at the end the following new subparagraph:
''(G) understand the use of mediation as a means of
resolving disputes relating to the provision of special
education and related services.''.
(d) Mediation Under Part H.--
(1) State application requirement.--Section 678(a) of such
Act (20 U.S.C. 1478(a)) is amended--
(A) in paragraph (8), by striking at the end '',
and'' and inserting a comma;
(B) by redesignating paragraph (9) as paragraph
(10); and
(C) by inserting after paragraph (8) the following
new paragraph:
''(9) a description of the procedures that will allow
parties to disputes involving the provision of early
intervention services for infants and toddlers with
disabilities under this part to resolve such disputes through
mediation in accordance with the procedural safeguards
contained in section 615(f).''.
(2) Procedural safeguard requirement.--Section 680 of such
Act (20 U.S.C. 1480) is amended by adding at the end the
following new paragraph:
''(9) Procedures that will allow parties to disputes
involving the provision of early intervention services for
infants and toddlers with disabilities under this part to
resolve such disputes through mediation in accordance with the
procedural safeguards contained in section 615(f).''.

SEC. 5. COORDINATION OF SERVICES UNDER THE SPECIAL EDUCATION PROGRAM.

(a) Interagency Agreements.--
(1) In general.--Section 612 of the Individuals with
Disabilities Education Act (20 U.S.C. 1412) is amended by
adding at the end the following:
''(8) The State education agency and other appropriate
State and local agencies have entered into interagency
agreements in accordance with section 613(a)(13).''.
(2) Effective date.--The amendment made by paragraph (1)
shall take effect on October 1, 1996.
(b) Coordination With Even Start, Head Start, and Related
Programs.--
(1) In general.--Section 614(a)(1) of such Act (20 U.S.C.
1414(a)(1)) is amended--
(A) in subparagraph (D), by striking ''; and'' and
inserting a semicolon;
(B) in subparagraph (E), by striking the semicolon
and inserting ''; and''; and
(C) by adding at the end the following new
subparagraph:
''(F) provide for coordination of such programs,
where appropriate to strengthen the ability of parents
or guardians of children with disabilities to address
the needs related to such disabilities, with the Even
Start program authorized under part B of chapter 1 of
title I of the Elementary and Secondary Education Act
of 1965 (20 U.S.C. 2741 et seq.), the Head Start
program authorized under the Head Start Act (42 U.S.C.
9831 et seq.), and other programs that provide family
literacy services or other services in which parents or
guardians of children with disabilities are eligible to
participate;''.
(2) Definition of family literacy services.--Section 602(a)
of such Act (20 U.S.C. 1401(a)) is amended by adding at the end
the following new paragraph:
''(28) The term 'family literacy services' has the meaning
given such term in section 637(4) of the Head Start Act (42
U.S.C. 9832(4)).''.

SEC. 6. REQUIREMENT OF GOOD FAITH ATTEMPT TO RESOLVE CONTROVERSIES FOR
REIMBURSEMENT OF ATTORNEY'S FEES.

Section 615(e)(4)(F) of the Individuals with Disabilities Education
Act (20 U.S.C. 1415(e)(4)(F)) is amended--
(1) in clause (ii), by striking ''; or'' and inserting a
semicolon;
(2) in clause (iii), by striking the period at the end and
inserting ''; or''; and
(3) by adding at the end the following:
''(iv) the parent or guardian did not exercise good faith
in attempting to resolve the controversy prior to filing a
complaint and requesting an impartial due process hearing under
this section.''.
Output:
IDEA Improvement Act of 1994 - Amends the Individuals with Disabilities Education Act (IDEA) to revise the definition of individualized education program to include: (1) statements of the present educational performance levels of the child, and the annual goals designed to help the child succeed, in the general educational program for nondisabled children; and (2) a description of how designed services under the previous program have been modified if the previous annual goals were not substantially achieved. Requires the local educational agency or intermediate educational unit to revise program provisions at the beginning of the next school year for each child who has failed to substantially achieve the goals for the prior school year.
Provides for increasing participation of parents in meetings relating to the development of the special education program. Provides for improved communication with parents through clearly written explanations of terminology in notices and publication of procedural safeguards under IDEA.
Establishes mediation procedures under the special education program and the early intervention services program for infants and toddlers with disabilities, including requirements relating to State plans, procedural safeguards, regional resource centers, and parent information and training programs.
Provides for coordination of services under the special education program: (1) through interagency agreements; and (2) with Even Start, Head Start, and related programs providing family literacy services or other services in which parents or guardians of children with disabilities are eligible to participate.
Requires that the parent or guardian has exercised good faith in attempting to resolve the controversy prior to filing a complaint and requesting a hearing, as a condition for reimbursement of attorney's fees.