[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1237 Introduced in House (IH)]







108th CONGRESS
  1st Session
                                H. R. 1237

 To amend part C of the Individuals with Disabilities Education Act to 
   improve early intervention programs for infants and toddlers with 
                 disabilities, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             March 12, 2003

 Mr. Kennedy of Rhode Island introduced the following bill; which was 
        referred to the Committee on Education and the Workforce

_______________________________________________________________________

                                 A BILL


 
 To amend part C of the Individuals with Disabilities Education Act to 
   improve early intervention programs for infants and toddlers with 
                 disabilities, 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; REFERENCES.

    (a) Short Title.--This Act may be cited as the ``Early Intervention 
Improvement Act''.
    (b) References.--Except as otherwise provided, whenever in this Act 
an amendment or repeal is expressed in terms of an amendment to, or 
repeal of, a title, chapter, part, subpart, section, subsection, or 
other provision, the reference shall be considered to be made to a 
title, chapter, part, subpart, section, subsection, or other provisions 
of the Individuals with Disabilities Education Act (20 U.S.C. 1400 et 
seq.).

SEC. 2. INCENTIVE GRANTS TO REWARD STATES MEETING PERFORMANCE 
              OBJECTIVES.

    Section 643 (20 U.S.C. 1443) is amended--
            (1) in subsection (c), by striking ``subsections (a) and 
        (b)'' and inserting ``subsections (a) through (c)'';
            (2) in subsection (d), by striking ``(c),'' and inserting 
        ``(d),'';
            (3) by redesignating subsections (c) and (d) as subsections 
        (d) and (e), respectively; and
            (4) by inserting after subsection (b) the following:
    ``(c) Incentive Grants To Reward States Meeting Performance 
Objectives.--
            ``(1) Reservation of funds.--From the sum appropriated to 
        carry out this part for fiscal year 2005 and subsequent fiscal 
        years, the Secretary shall reserve the following amounts for 
        the purpose of making grants under this subsection:
                    ``(A) For fiscal year 2005, the lesser of--
                            ``(i) the amount (if any) by which the sum 
                        appropriated to carry out this part for fiscal 
                        year 2005 exceeds the sum appropriated to carry 
                        out this part for fiscal year 2004; and
                            ``(ii) 3 percent of the sum appropriated to 
                        carry out this part for fiscal year 2005.
                    ``(B) For fiscal year 2006, the lesser of--
                            ``(i) the amount (if any) by which the sum 
                        appropriated to carry out this part for fiscal 
                        year 2006 exceeds the sum appropriated to carry 
                        out this part for fiscal year 2004; and
                            ``(ii) 4 percent of the sum appropriated to 
                        carry out this part for fiscal year 2006.
                    ``(C) For fiscal year 2007, the lesser of--
                            ``(i) the amount (if any) by which the sum 
                        appropriated to carry out this part for fiscal 
                        year 2007 exceeds the sum appropriated to carry 
                        out this part for fiscal year 2004; and
                            ``(ii) 5 percent of the sum appropriated to 
                        carry out this part for fiscal year 2007.
                    ``(D) For fiscal year 2008 and subsequent fiscal 
                years, the lesser of--
                            ``(i) the amount (if any) by which the sum 
                        appropriated to carry out this part for the 
                        fiscal year concerned exceeds the sum 
                        appropriated to carry out this part for fiscal 
                        year 2004; and
                            ``(ii) 6 percent of the sum appropriated to 
                        carry out this part for the fiscal year 
                        concerned.
            ``(2) Quality incentive grants.--
                    ``(A) In general.--The Secretary shall use 75 
                percent of the amount reserved under paragraph (1) to 
                make grants to States that operate high-quality 
                programs under this part, as determined by performance 
                objectives developed by the Secretary for this purpose.
                    ``(B) State performance objectives.--Such 
                performance objectives shall be based on the part C 
                focused monitoring benchmarks developed through the 
                Secretary's Continuing Improvement Monitoring Process 
                and shall include the following:
                            ``(i) A performance objective based on the 
                        percentage of children under the age of 3 
                        residing in the State who are served by a 
                        program under this part.
                            ``(ii) A performance objective based on the 
                        percentage of children under the age of 1 
                        residing in the State who are served by a 
                        program under this part or the number of 
                        children served by this program who are 
                        enrolled before their 1st birthday.
                            ``(iii) A performance objective to measure 
                        the percentage of infants and toddlers with an 
                        individualized family service plan described in 
                        section 636 who demonstrate improved functional 
                        abilities.
                            ``(iv) A performance objective to measure 
                        the percentage of children making a successful 
                        transition to the preschool program under 
                        section 619 or other appropriate programs.
            ``(3) Grants to serve at-risk infants and toddlers.--
                    ``(A) In general.--The Secretary shall use 25 
                percent of the amount reserved under paragraph (1) to 
                make grants to States that--
                            ``(i) are eligible to receive a grant under 
                        paragraph (2);
                            ``(ii) render at-risk infants and toddlers 
                        eligible for early intervention services in 
                        accordance with this part; and
                            ``(iii) provide at least 3.5 percent of the 
                        children under the age of 3 years residing in 
                        the State with early intervention services in 
                        accordance with this part.
                    ``(B) Counting children served under other 
                programs.--At the request of a State, the Secretary may 
                certify that a program administered by a State other 
                than this part provides at-risk infants and toddlers 
                with substantially the same services as are available 
                under this part. In such a case, the Secretary may--
                            ``(i) disregard subparagraph (A)(ii); and
                            ``(ii) count such at-risk infants and 
                        toddlers in determining whether the State 
                        satisfies the requirement of subparagraph 
                        (A)(iii).
            ``(4) Allocation.--In making grants under paragraphs (2) 
        and (3), the Secretary shall allot funds in proportion to the 
        relative amounts allotted under subsection (d) to the States 
        eligible for such grants.''.

SEC. 3. TRANSITION FROM PART C TO SECTION 619.

    (a) In General.--
            (1) Relationship of parts b and c.--Section 619(h) (20 
        U.S.C. 1419(h)) is amended to read as follows:
    ``(h) Relationship to Part C.--
            ``(1) Part c inapplicable.--Part C of this Act does not 
        apply to any child with a disability receiving a free 
        appropriate public education, in accordance with this part, 
        with funds received under this section.
            ``(2) Transition from part c.--In the case of a child with 
        a disability who was served under part C and who is eligible 
        for special education and related services in accordance with 
        this part, consistent with the child's goals (as stated in the 
        IEP), the special education and related services provided to 
        the child shall include services that are substantially similar 
        (including in terms of frequency and the environment in which 
        they are provided) to those in the child's last individualized 
        family service plan under section 636, unless the IEP Team 
        agrees otherwise and documents the reasons for its decision in 
        the IEP.''.
            (2) Conforming amendments.--
                    (A) State eligibility under part b.--Section 
                612(a)(9) (20 U.S.C. 1412(a)(9)) is amended by striking 
                ``implemented for the child.'' and inserting 
                ``implemented for the child in a manner consistent with 
                section 619(h)(2).''.
                    (B) Requirement that iep be in effect.--Section 
                614(d)(2)(B) (20 U.S.C. 1414(d)(2)(B)) is amended by 
                striking ``In the case of'' and inserting ``Subject to 
                section 619(h)(2), in the case of''.
    (b) State-level Preschool Activities.--Section 619(f) (20 U.S.C. 
1419(f)) is amended--
            (1) in paragraph (4), by striking ``or'' at the end;
            (2) in paragraph (5), by striking the period at the end and 
        inserting ``; or''; and
            (3) by adding at the end the following:
            ``(6) to continue service coordination or case management 
        services for families that received such services under part 
        C.''.

SEC. 4. PERMANENT AUTHORIZATION.

    Section 645 (20 U.S.C. 1445) is amended to read as follows:

``SEC. 645. AUTHORIZATION OF APPROPRIATIONS.

    For the purpose of carrying out this part, there are authorized to 
be appropriated $500,000,000 for fiscal year 2004 and such sums as may 
be necessary for each succeeding fiscal year.''.

SEC. 5. CHANGE IN ELIGIBILITY FOR SERVICES.

    Section 632(5)(A)(ii) (20 U.S.C. 1432(5)(A)(ii)) is amended by 
inserting ``, or a family condition characterized by diagnosed serious 
maternal depression, confirmed parental substance abuse, or documented 
family violence (including child abuse),'' after ``mental condition''.

SEC. 6. IMPROVED CHILD FIND SYSTEM.

    (a) In General.--
            (1) Referral of abused or neglected infants and toddlers 
        for evaluation.--Section 635(a)(5) (20 U.S.C. 1435(a)(5)) is 
        amended by inserting before the period at the end the 
        following: ``, and including a requirement, based on a State 
        policy, that all children under 3 years of age who are involved 
        in a substantiated case of child abuse or neglect are referred 
        to the system described in section 633 for evaluation and, if 
        appropriate, receipt of early intervention services''.
            (2) Construction.--Section 635 (20 U.S.C. 1435) is amended 
        by adding at the end the following:
    ``(c) Construction.--Nothing in subsection (a)(5) shall be 
construed to alter the responsibility of a State under title XIX of the 
Social Security Act (42 U.S.C. 1396 et seq.) with respect to early and 
periodic screening, diagnostic, and treatment services (as defined in 
section 1905(r) of such Act (42 U.S.C. 1396d(r)).''.
    (b) Application Requirement.--Section 637(a)(3) (20 U.S.C. 
1437(a)(3)) is amended--
            (1) in subparagraph (A), by striking ``and'' at the end;
            (2) in subparagraph (B), by striking the period at the end 
        and inserting ``; and''; and
            (3) by adding at the end the following:
                    ``(C) a description of the State's child find 
                system, including procedures to ensure that infants and 
                toddlers in the child welfare system are referred as 
                required by section 635(a)(5).''.

SEC. 7. IMPROVED COORDINATION AMONG STATE AGENCIES.

    (a) Coordination With Mental Health System.--Section 637(a) (20 
U.S.C. 1437(a)) is amended--
            (1) in paragraph (8), by striking ``and'' at the end;
            (2) by redesignating paragraph (9) as paragraph (10); and
            (3) by inserting after paragraph (8) the following:
            ``(9) a description of efforts of the system described in 
        section 633 to coordinate with the State mental health system 
        in the identification of infants and toddlers with disabilities 
        and delivery of early intervention services; and''.
    (b) State Interagency Coordinating Council.--Section 641(b)(1) (20 
U.S.C. 1441(b)(1)) is amended by adding at the end the following:
                    ``(J) Child welfare agency.--At least one member 
                shall be from the State agency responsible for child 
                welfare, specifically the agency with jurisdiction over 
                child protective services for children who have been 
                abused or neglected, and shall have sufficient 
                authority to engage in policy planning and 
                implementation on behalf of such agency.
                    ``(K) Mental health agency.--At least one member 
                shall be from the State agency responsible for 
                children's mental health, and shall have sufficient 
                authority to engage in policy planning and 
                implementation on behalf of such agency.''.

SEC. 8. IMPROVED SERVICES.

    Section 632(4) (20 U.S.C. 1432(4)) is amended--
            (1) in subparagraph (E)--
                    (A) in clause (xiii), by striking ``and'' at the 
                end;
                    (B) by redesignating clause (xiv) as clause (xv); 
                and
                    (C) by inserting after clause (xiii) the following:
                            ``(xiv) parent-child and family therapy; 
                        and''; and
            (2) by amending subparagraph (G) to read as follows:
                    ``(G) to the maximum extent appropriate, are 
                provided in natural environments, which are settings in 
                which an infant or toddler with a disability's peers 
                without disabilities are typically found, including the 
                infant or toddler's home, a child care program, an 
                Early Head Start program implemented under section 645A 
                of the Head Start Act (42 U.S.C. 9840a), and other 
                appropriate settings; and''.

SEC. 9. EARLY INTERVENTION PERSONNEL TRAINING AND PROFESSIONAL 
              DEVELOPMENT.

    (a) Requirements for Statewide System.--Section 635(a)(8) (20 
U.S.C. 1435(a)(8)) is amended--
            (1) in subparagraph (C), by striking ``and'' at the end;
            (2) in subparagraph (D), by striking the period at the end 
        and inserting ``; and''; and
            (3) by adding at the end the following:
                    ``(E) training personnel in the emotional and 
                social development of young children.''.
    (b) National Activities.--Part D of the Individuals with 
Disabilities Education Act (20 U.S.C. 1451 et seq.) is amended--
            (1) in section 651(a)(4)--
                    (A) by inserting ``the lead State agency for part 
                C,'' after ``in partnership with''; and
                    (B) by inserting a comma after ``local educational 
                agencies'';
            (2) in section 652(b)(1)(A)--
                    (A) by inserting ``the lead State agency for part 
                C,'' after ``in partnership with''; and
                    (B) by inserting a comma after ``local educational 
                agencies'';
            (3) in section 652(b)(1)(B), by striking clause (vii) and 
        redesignating clauses (viii) through (xi) as clauses (vii) 
        through (x), respectively;
            (4) in section 653(b)(2)(B)--
                    (A) in the matter preceding clause (i), by 
                inserting ``from birth through age 21'' after 
                ``children with disabilities''; and
                    (B) in clause (i), by striking ``and'' at the end;
                    (C) in clause (ii)--
                            (i) by striking ``clause (i)'' and 
                        inserting ``clauses (i) and (ii)''; and
                            (ii) by adding ``and'' at the end;
                    (D) by redesignating clauses (i) and (ii) as 
                clauses (ii) and (iii), respectively; and
                    (E) by inserting before clause (ii) (as so 
                redesignated) the following:
                            ``(i) the number of personnel providing 
                        early intervention services and special 
                        education and related services to children from 
                        birth through age 5;'';
            (5) in section 653(c)--
                    (A) in paragraph (1)(A)(i), by inserting ``the lead 
                State agency for part C,'' after ``State educational 
                agency,''; and
                    (B) in paragraph (3)--
                            (i) in subparagraph (C), by striking ``and 
                        schools'' and inserting ``, schools, and 
                        providers of child care, preschool, and early 
                        intervention services''; and
                            (ii) in subparagraph (D)--
                                    (I) in the matter preceding clause 
                                (i), by inserting ``child care, 
                                preschool,'' after ``related 
                                services,'';
                                    (II) in clause (vii), by inserting 
                                ``providers of child care, preschool, 
                                and early intervention services,'' 
                                after ``teachers,'';
                                    (III) in clause (viii), by 
                                inserting ``child care, preschool 
                                education, and early intervention,'' 
                                after ``in the fields of''; and
                                    (IV) in clause (x), by inserting 
                                ``child care, preschool, early 
                                intervention,'' after ``parents and''; 
                                and
            (6) in section 654(b)(1)(A), by inserting ``, and child 
        care, preschool, and early intervention personnel, including 
        mental health professionals who work with young children and 
        their families,'' after ``personnel''.

SEC. 10. GRANTS FOR TRAINING AND PROFESSIONAL DEVELOPMENT.

    (a) In General.--Chapter 1 of subpart 2 of part D of the 
Individuals with Disabilities Education Act (20 U.S.C. 1471 et seq.) is 
amended by inserting after section 673 the following:

``SEC. 673A. TRAINING AND PROFESSIONAL DEVELOPMENT FOR PERSONNEL 
              PROVIDING EARLY INTERVENTION SERVICES.

    ``(a) In General.--The Secretary shall, on a competitive basis, 
make grants to, or enter into contracts or cooperative agreements with, 
lead agencies designated pursuant to section 635(a)(10) to provide pre-
service and in-service training and professional development--
            ``(1) to personnel who provide early intervention services 
        (as defined in section 632), including mental health 
        professionals who work with young children and their families, 
        in order to expand the availability of high-quality early 
        intervention services; and
            ``(2) to personnel who work with infants, children, and 
        families, including child care providers, teachers implementing 
        the Head Start Act (42 U.S.C. 9831 et seq.), child welfare 
        personnel, and personnel administering block grants for 
        temporary assistance for needy families under part A of title 
        IV of the Social Security Act (42 U.S.C. 601 et seq.), in order 
        to improve their familiarity with the State system described in 
        section 633 and their ability to make appropriate referrals to 
        such system.
    ``(b) Preference.--
            ``(1) In general.--In providing assistance under subsection 
        (a), the Secretary shall give preference to applicants that 
        propose to develop and implement coordinated training for State 
        agency personnel, including personnel from State agencies with 
        jurisdiction over mental health, child care, early childhood 
        education, programs under the Head Start Act, child welfare, 
        substance abuse, domestic violence, and block grants for 
        temporary assistance for needy families under part A of title 
        IV of the Social Security Act, and other State personnel having 
        frequent contact with children under 3 years of age and their 
        families.
            ``(2) Objectives.--The objectives of such coordinated 
        training shall be to foster integrated services by improving 
        the ability of State agencies--
                    ``(A) to make appropriate referrals to other 
                agencies;
                    ``(B) to coordinate services when necessary; and
                    ``(C) to serve as a resource for other agencies in 
                program development and implementation.
    ``(c) Authorization of Appropriations.--There are authorized to be 
appropriated to carry out this section such sums as may be necessary 
for each of fiscal years 2004 through 2008.''.
    (b) Clerical Amendment.-- The table of contents is amended by 
inserting after the item relating to section 673 the following:

``Sec. 673A. Training and professional development for personnel 
                            providing early intervention services.''.

SEC. 11. MODEL DEFINITION OF DEVELOPMENTAL DELAY; POPULATION ESTIMATE.

    (a) In General.--The Secretary of Education shall enter into 
appropriate arrangements with the National Academy of Sciences to 
commission the Academy--
            (1) to develop a model meaning for ``developmental delay'' 
        (as defined in section 632 of the Individuals with Disabilities 
        Education Act (20 U.S.C. 1432)) for States to use in 
        establishing eligibility for early intervention services under 
        part C of such Act; and
            (2) to estimate the percentage of each State's population 
        who would receive such services if such model were to be 
        adopted by the State.
    (b) Authorization of Appropriations.--There are authorized to be 
appropriated $700,000 to carry out this section for fiscal year 2004.

SEC. 12. SERVICE COORDINATION FOR INFANTS, TODDLERS, AND PRESCHOOL 
              CHILDREN.

    The Federal Interagency Coordinating Council established under 
section 644 of the Individuals with Disabilities Education Act (20 
U.S.C. 1444) shall consider mechanisms for providing service 
coordination from birth through age 5 for infants, toddlers, and 
children served under part C and section 619 of such Act. Such council 
shall submit a report to the Congress not later than 12 months after 
the date of the enactment of this Act containing recommendations for 
providing such coordination.

SEC. 13. EFFECTIVE DATE.

    The amendments made by this Act shall take effect on October 1, 
2003.
                                 <all>