[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1700 Introduced in House (IH)]







108th CONGRESS
  1st Session
                                H. R. 1700

    To provide assistance to train teachers of children with autism 
              spectrum disorders, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             April 9, 2003

Mr. Smith of New Jersey (for himself, Mr. Doyle, Mr. Weldon of Florida, 
Mr. Taylor of Mississippi, Mr. Wilson of South Carolina, Mr. Pickering, 
Mr. King of New York, Mr. Green of Texas, Mr. LaTourette, Mr. Wynn, Ms. 
 Lofgren, Ms. Berkley, Mr. Frost, Mr. Wexler, Mr. Rothman, Mr. Israel, 
Ms. Corrine Brown of Florida, Mr. Abercrombie, Mr. Lynch, Mr. Green of 
   Wisconsin, Mr. Cantor, and Ms. Carson of Indiana) introduced the 
 following bill; which was referred to the Committee on Education and 
                             the Workforce

_______________________________________________________________________

                                 A BILL


 
    To provide assistance to train teachers of children with autism 
              spectrum disorders, 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.

    This Act may be cited as the ``Teacher Education for Autistic 
Children Act of 2003'' or the ``TEACH Act of 2003''.

SEC. 2. TRAINING OF SPECIAL EDUCATION TEACHERS WITH EXPERTISE IN AUTISM 
              SPECTRUM DISORDERS.

    (a) Authorization of Appropriations.--In addition to such sums as 
are otherwise authorized to be appropriated for ``Special Education-
Personnel Preparation to Improve Services and Results for Children with 
Disabilities'', there are authorized to be appropriated for ``Special 
Education-Personnel Preparation to Improve Services and Results for 
Children with Disabilities'', for each of the fiscal year 2004 through 
2008, $15,000,000--
            (1) to provide technical assistance grants to develop 
        standards for training teachers with respect to the provision 
        of education for children with autism spectrum disorders (ASD) 
        and to integrate such standards into the existing training 
        infrastructure;
            (2) to train special education teachers with an expertise 
        in autism spectrum disorders; and
            (3) to provide preservice or professional development 
        training of personnel to be special education teachers, aides 
        of such teachers or other paraprofessionals providing teaching 
        assistance, special education administrators, or staff 
        specialists (such as speech-language pathologists and school 
        psychologists) with an expertise in autism spectrum disorders.
    (b) Availability.--Amounts appropriated pursuant to the 
authorization of appropriations under subsection (a) are authorized to 
remain available until expended.

SEC. 3. IMPROVING RESULTS FOR CHILDREN WITH AUTISM SPECTRUM DISORDERS.

    (a) Authorization of Appropriations.--In addition to such sums as 
are otherwise authorized to be appropriated to carry out subpart 1 of 
part D of the Individuals with Disabilities Education Act, there are 
authorized to be appropriated for each of the fiscal years 2004 through 
2008 $5,000,000 for competitive grants under subpart 1 of part D of 
such Act to assist State educational agencies, in cooperation with 
other appropriate entities, to improve results for children with autism 
spectrum disorders (ASD).
    (b) Availability.--Amounts appropriated pursuant to the 
authorization of appropriations under subsection (a) are authorized to 
remain available until expended.

SEC. 4. EXPANDED LOAN FORGIVENESS PROGRAM FOR TEACHERS OF AUTISTIC 
              CHILDREN.

    (a) Program.--
            (1) In general.--The Secretary of Education (in this 
        section referred to as the ``Secretary'') shall carry out a 
        program of assuming the obligation to repay, pursuant to 
        subsection (c), a loan made, insured, or guaranteed under part 
        B of title IV of the Higher Education Act of 1965 or part D of 
        such title (excluding loans made under sections 428B and 428C 
        of such Act or comparable loans made under part D of such 
        title) for any borrower who--
                    (A) is employed, for 3 consecutive complete school 
                years, as a full-time special education teacher of 
                autistic children;
                    (C) satisfies the requirements of subsection (d); 
                and
                    (D) is not in default on a loan for which the 
                borrower seeks forgiveness.
            (2) Award basis; priority.--
                    (A) Award basis.--Subject to subparagraph (B), loan 
                repayment under this section shall be on a first-come, 
                first-serve basis and subject to the availability of 
                appropriations.
                    (B) Priority.--The Secretary shall give priority in 
                providing loan repayment under this section for a 
                fiscal year to student borrowers who received loan 
                repayment under this section for the preceding fiscal 
                year.
            (3) Regulations.--The Secretary is authorized to prescribe 
        such regulations as may be necessary to carry out the 
        provisions of this section.
    (b) Loan Repayment.--
            (1) Eligible amount.--The amount the Secretary may repay on 
        behalf of any individual under this section shall not exceed--
                    (A) the sum of the principal amounts outstanding 
                (not to exceed $5,000) of the individual's qualifying 
                loans at the end of 3 consecutive complete school years 
                of service described in subsection (a)(1)(B);
                    (B) an additional portion of such sum (not to 
                exceed $5,000) at the end of each of the next 2 
consecutive complete school years of such service; and
                    (C) a total of not more than $20,000.
            (2) Construction.--Nothing in this section shall be 
        construed to authorize the refunding of any repayment of a loan 
        made under part B or D of title IV of the Higher Education Act 
        of 1965.
            (3) Interest.--If a portion of a loan is repaid by the 
        Secretary under this section for any year, the proportionate 
        amount of interest on such loan which accrues for such year 
        shall be repaid by the Secretary.
    (c) Repayment to Eligible Lenders.--The Secretary shall pay to each 
eligible lender or holder for each fiscal year an amount equal to the 
aggregate amount of loans which are subject to repayment pursuant to 
this section for such year.
    (d) Application for Repayment.--
            (1) In general.--Each eligible individual desiring loan 
        repayment under this section shall submit a complete and 
        accurate application to the Secretary at such time, in such 
        manner, and containing such information as the Secretary may 
        require.
            (2) Years of service.--An eligible individual may apply for 
        loan repayment under this section after completing the required 
        number of years of qualifying employment.
            (3) Fully qualified teachers in public elementary or 
        secondary schools.--An application for loan repayment under 
        this section shall include such information as is necessary to 
        demonstrate that the applicant--
                    (A) if teaching in a public pre-kindergarten, 
                kindergarten, elementary, middle, or secondary school 
                (other than as a teacher in a public charter school), 
                has obtained State certification as a teacher 
                (including certification obtained through alternative 
                routes to certification) or passed the State teacher 
                licensing exam and holds a license to teach in such 
                State; and
                    (B) if teaching in--
                            (i) a public pre-kindergarten, 
                        kindergarten, or elementary school, holds a 
                        bachelor's degree and demonstrates knowledge 
                        and skills for teaching children with autism 
                        spectrum disorders; or
                            (ii) a public middle or secondary school, 
                        holds a bachelor's degree and demonstrates a 
                        high level of competency for teaching children 
                        with autism spectrum disorders, through--
                                    (I) a high level of performance on 
                                a rigorous State or local academic 
                                subject areas test; or
                                    (II) completion of an academic 
                                major specializing in autism or severe 
                                disabilities with a concentration in 
                                autism spectrum disorders.
            (4) Teachers in nonprofit private elementary or secondary 
        schools or charter schools.--In the case of an applicant who is 
        teaching in a nonprofit private pre-kindergarten, kindergarten, 
        elementary, or secondary school, or in a public charter school, 
        an application for loan repayment under this section shall 
        include such information as is necessary to demonstrate that 
        the applicant has knowledge and skills for teaching children 
        with autism spectrum disorders, as certified by the chief 
        administrative officer of the school.
    (e) Treatment of Consolidation Loans.--A loan amount for a 
consolidation loan made under section 428C of the Higher Education Act 
of 1965, or a Federal Direct Consolidation Loan made under part D of 
title IV of such Act, may be a qualified loan amount for the purpose of 
this section only to the extent that such loan amount was used by a 
borrower who otherwise meets the requirements of this section to 
repay--
            (1) a loan made under section 428 or 428H of such Act; or
            (2) a Federal Direct Stafford Loan, or a Federal Direct 
        Unsubsidized Stafford Loan, made under part D of title IV of 
        such Act.
    (f) Additional Provisions.--
            (1) Prevention of double benefits.--No borrower may, for 
        the same service, receive a benefit under both this section and 
        subtitle D of title I of the National and Community Service Act 
        of 1990 (42 U.S.C. 12571 et seq.).
            (2) Definition of teacher of autistic children.--The term 
        ``teacher of autistic children'' means an individual who 
        provides instruction to children who have been diagnosed by a 
        physician or a psychologist as having an autism spectrum 
        disorder.
    (g) Authorization of Appropriations.--There are authorized to be 
appropriated to carry out this section such sums as may be necessary 
for each of the fiscal years 2004 through 2008.

SEC. 5. REPORT ON AUTISM EARLY INTERVENTION ACTIVITIES.

    (a) Report.--Section 613 of the Individuals with Disabilities 
Education Act (20 U.S.C. 1413) is amended by adding at the end the 
following:
    ``(k) Report on Autism Early Intervention Activities.--
            ``(1) In general.--A local educational agency that receives 
        assistance under this part for a fiscal year shall prepare and 
        submit to the Secretary a report that contains a description of 
        the activities referred to in paragraph (2) carried out in the 
        preceding fiscal year.
            ``(2) Information.--The activities referred to in this 
        paragraph are the following:
                    ``(A) Activities carried out by the agency to 
                ensure that students who exhibit symptoms of autism 
                spectrum disorders (ASD) are referred to appropriate 
                experts for diagnosis.
                    ``(B) Appropriate training provided by the agency, 
                or on behalf of the agency, of personnel of the agency 
                and schools of the agency to carry out the activities 
                described in subparagraph (A).
            ``(3) Definition.--In this subsection, the term `autism 
        spectrum disorders' has the meaning given the term in section 9 
        of the Teacher Education for Autistic Children Act of 2003.''.
    (b) Technical Assistance.--The Secretary of Education shall provide 
technical assistance to local educational agencies that receive 
assistance under part B of the Individuals with Disabilities Education 
Act to assist such agencies comply with the reporting requirement under 
section 613(k) of such Act (as added by subsection (a)).

SEC. 6. TASK FORCE ON AUTISM SPECTRUM DISORDERS.

    (a) Establishment.--The Secretary of Education, acting through the 
Assistant Secretary for Special Education and Rehabilitative Services, 
shall establish and provide administrative support for a Task Force on 
Autism Spectrum Disorders (ASD) (in this section referred to as the 
``Task Force'').
    (b) Duties.--The Task Force shall--
            (1) conduct a review of minimum standards relating to the 
        provision of special education for children with autism 
        spectrum disorders and provide recommendations to improve or 
        otherwise strengthen such standards;
            (2) conduct a review of the effectiveness of existing 
        educational models used with respect to the provision of 
        special education for children with autism spectrum disorders; 
        and
            (3) conduct an evaluation of programs carried out by State 
        and local educational agencies to train teachers with respect 
        to the provision of special education for children with autism 
        spectrum disorders and provide recommendations to improve and 
        expand such programs.
    (c) Composition.--
            (1) In general.--The Secretary of Education, acting through 
        the Assistant Secretary for Special Education and 
        Rehabilitative Services and in consultation with the Director 
        of the National Research Council (or the Director's designee), 
        shall appoint members of the Task Force as follows:
                    (A) Not less than two members shall be 
                representatives from national autism organizations.
                    (B) Not less than one member shall be an individual 
                with an autism spectrum disorder or a parent (or legal 
                guardian) of such an individual.
                    (C) Not less than two members shall be teachers 
                with experience in working with children with autism.
                    (D) Not less than two members shall be appropriate 
                officers or employees of the Department of Education.
                    (E) Not less than two members shall be appropriate 
                officers or employees of the Department of Health and 
                Human Services (to be appointed in consultation with 
                the Secretary of Health and Human Services).
            (2) Compensation.--
                    (A) Rates of pay.--Except as provided in 
                subparagraph (B), members of the Task Force shall be 
                paid at the maximum rate of basic pay for GS-14 of the 
                General Schedule for each day during which they are 
                engaged in the actual performance of duties of the Task 
Force.
                    (B) Prohibition of compensation of federal 
                employees.--Members of the Task Force who are full-time 
                officers or employees of the United States may not 
                receive additional pay, allowances, or benefits by 
                reason of their service on the Task Force.
                    (C) Travel expenses.--Each member of the Task Force 
                shall receive travel expenses, including per diem in 
                lieu of subsistence, in accordance with applicable 
                provisions under subchapter I of chapter 57 of title 5, 
                United States Code.
    (d) Report.--Not later than one year after the date of the 
enactment of this Act, and annually thereafter for each of the 
subsequent four calendar years, the Task Force shall prepare and submit 
to the Secretary of Education a report that contains the results of the 
reviews and evaluations conducted pursuant to subsection (b) and a 
description of the recommendations proposed pursuant to such 
subsection.
    (e) Authorization of Appropriations.--
            (1) In general.--There are authorized to be appropriated to 
        carry out this section $500,000 for fiscal years 2004 through 
        2008.
            (2) Availability.--Amounts appropriated pursuant to the 
        authorization of appropriations under paragraph (1) are 
        authorized to remain available until expended.

SEC. 7. STUDY AND REPORT ON FEDERAL VOCATIONAL TRAINING PROGRAMS.

    (a) Study.--The Secretary of Education, in conjunction with the 
Secretary of Labor (hereinafter in this section referred to as the 
``Secretaries''), shall conduct a study on the effectiveness of Federal 
vocational training programs in providing appropriate assistance to 
individuals with autism spectrum disorders (ASD)
    (b) Report.--Not later than 18 months after the date of the 
enactment of this Act, the Secretaries shall submit to Congress a 
report that contains the following:
            (1) The results of the study conducted under subsection 
        (a).
            (2) Administrative and legislative recommendations to 
        improve the effectiveness of Federal vocational training 
        programs in providing appropriate assistance to individuals 
        with autism spectrum disorders.
            (3) Recommendations on appropriate data that should be 
        collected, maintained, and disseminated in order to better 
        monitor the effectiveness of each vocational training program 
        that serves individuals with autism spectrum disorders.

SEC. 8. STATE AUTISM OMBUDSMAN OFFICES.

    (a) Grants to States.--Of the amount appropriated pursuant to the 
authorization of appropriations under subsection (d) for a fiscal year, 
the Secretary of Education shall provide grants to each State that 
meets the requirements of subsection (b) for the purpose of carrying 
out this section.
    (b) State Requirements.--A State meets the requirements of this 
subsection if it establishes and operates (including through the use of 
funds provided under a grant under subsection (a)) at least one State 
autism ombudsman office in accordance with this section. The office 
shall be headed by an individual who shall be selected from among 
individuals who are members of, or approved by, national, non-profit 
organizations, including their State and local affiliate organizations, 
dedicated to addressing, by whatever means, the needs of individuals 
with autism spectrum disorders or their families or legal guardians.
    (c) Duties of Office.--
            (1) In general.--A State autism ombudsman office 
        established in accordance with subsection (b) shall serve 
        individuals with autism spectrum disorders and their families 
        or guardians as a resource to assist with legal, educational, 
        and family support systems issues, including by advising 
        families or guardians on the process of the individualized 
        education program, interpreting school communications regarding 
        a child who exhibits autistic behavior, proposing alternatives 
        to those proposed by the IEP team, and otherwise mediating 
        between families or guardians of a child with an autism 
        spectrum disorder and officials of local or State public school 
        systems, agencies, or boards.
            (2) Definition.--In this subsection, the term 
        ``individualized education program'' or ``IEP'' means a written 
        statement for a child with a disability that is developed, 
        reviewed, and revised in accordance with section 614(d) of the 
        Individuals with Disabilities Education Act.
    (d) Requirements.--A State autism ombudsman office established in 
accordance with subsection (b) shall--
            (1) coordinate with the State developmental disabilities 
        council, university-affiliated programs, regional resource 
        centers, and other appropriate State entities; and
            (2) operate independently of the State educational agency 
        and local educational agencies within the State.
    (e) Authorization of Appropriations.--There are authorized to be 
appropriated to carry out this section $8,000,000 for each of the 
fiscal years 2004 through 2008.

SEC. 9. DEFINITION.

    In this Act, the term ``autism spectrum disorder'' has the meaning 
given the term by the Diagnostic and Statistical Manual of Mental 
Disorders-Fourth Edition (DSM-IV).
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