[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[S. 1619 Introduced in Senate (IS)]







108th CONGRESS
  1st Session
                                S. 1619

To amend the Individuals with Disabilities Education Act to ensure that 
 children with disabilities who are homeless or are wards of the State 
   have access to special education services, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                           September 16, 2003

Mrs. Murray (for herself and Mr. DeWine) introduced the following bill; 
     which was read twice and referred to the Committee on Health, 
                     Education, Labor, and Pensions

_______________________________________________________________________

                                 A BILL


 
To amend the Individuals with Disabilities Education Act to ensure that 
 children with disabilities who are homeless or are wards of the State 
   have access to special education services, 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 ``Improving Education for Homeless and 
Foster Children with Disabilities Act of 2003''.

SEC. 2. FINDINGS.

    Section 601(c) of the Individuals with Disabilities Education Act 
(20 U.S.C. 1400(c)) is amended by adding at the end the following:
            ``(11) Children and youth in foster care (approximately 
        588,000 nationwide) have a higher prevalence of physical, 
        developmental, and behavioral health problems than other 
        children. They are also more likely than other children to have 
        academic and behavioral trouble in school, higher rates of 
        absenteeism and tardiness, and are more likely than other 
        children to be in special education, repeat a grade, and have 
        disabilities that affect their ability to learn.
            ``(12) In a number of States, more than 60 percent of 
        children and youth in foster care drop out of school before 
        graduation; a rate that is twice as high as the dropout rate 
        for all students.
            ``(13) More than 1,350,000 children will experience 
        homelessness at least once during the course of a year.
            ``(14) While homeless children are diagnosed with learning 
        disabilities at a disproportionally high rate, such children 
        are underserved by special education programs. In 1997, 20 of 
        47 States reported that special education was a major need of 
        homeless children, yet 39 percent of States also reported that 
        such children had difficulties accessing special education 
        services.
            ``(15) In reports to the Department of Education, 50 
        percent of States indicated that homeless children had 
        difficulties accessing special education services.''.

SEC. 3. DEFINITIONS.

    Section 602 of the Individuals with Disabilities Education Act (20 
U.S.C. 1401) is amended--
            (1) by redesignating paragraphs (9) through (30) as 
        paragraphs (10) through (31), respectively;
            (2) by inserting after paragraph (8) the following:
            ``(9) Homeless children.--The term `homeless children' has 
        the meaning given the term `homeless children and youths' in 
        section 725 of the McKinney-Vento Homeless Assistance Act.'';
            (3) by striking paragraph (20) (as redesignated by 
        paragraph (1) of this section) and inserting the following:
            ``(20) Parent.--
                    ``(A) In general.--The term `parent'--
                            ``(i) means--
                                    ``(I) a natural or adoptive parent 
                                of a child;
                                    ``(II) a guardian (but not the 
                                State if the child is a ward of the 
                                State);
                                    ``(III) an individual acting in the 
                                place of a natural or adoptive parent, 
                                including a grandparent, stepparent, or 
                                other relative with whom the child 
                                lives or an individual who is legally 
                                responsible for the child's welfare; or
                                    ``(IV) except as used in sections 
                                615(b)(2) and 639(a)(5), an individual 
                                assigned under either of those sections 
                                to be a surrogate parent; and
                            ``(ii) in the case of a homeless child who 
                        is not in the physical custody of a parent or 
                        guardian, includes a related or unrelated adult 
                        with whom the child is living or other adult 
                        jointly designated by the child and the local 
                        educational agency liaison for homeless 
                        children and youths (designated pursuant to 
                        section 722(g)(1)(J)(ii) of the McKinney-Vento 
                        Homeless Assistance Act), in addition to other 
                        individuals permitted by law.
                    ``(B) Foster parent.--Unless State law prohibits a 
                foster parent from acting as a parent, the term 
                `parent' includes a foster parent if--
                            ``(i) the natural or adoptive parents' 
                        authority to make educational decisions on the 
                        child's behalf has been extinguished under 
                        State law; and
                            ``(ii) the foster parent--
                                    ``(I) has an ongoing, long-term 
                                parental relationship with the child;
                                    ``(II) is willing to make the 
                                educational decisions required of 
                                parents under this Act; and
                                    ``(III) has no interest that would 
                                conflict with the interests of the 
                                child.''; and
            (4) by adding at the end the following:
            ``(32) Ward of the state.--The term `ward of the State' 
        means a child who--
                    ``(A) is considered a ward of the State in the 
                State where the child resides; or
                    ``(B) is in the custody of a public child welfare 
                agency, including if the child is residing--
                            ``(i) in a foster family home, group home, 
                        or other alternative residential setting; or
                            ``(ii) at home under protective 
                        supervision.''.

SEC. 4. STATE ELIGIBILITY.

    Section 612(a) of the Individuals with Disabilities Education Act 
(20 U.S.C. 1412(a)) is amended--
            (1) in paragraph (3)(A), by striking ``disabilities 
        attending'' and inserting ``disabilities who are homeless 
        children or are wards of the State and children with 
        disabilities attending''; and
            (2) in paragraph (21)(B)--
                    (A) in clause (i), by striking the semicolon at the 
                end and inserting ``, including not less than 1 foster 
                parent of a child with disabilities who is a ward of 
                the State and 1 grandparent or other relative who is 
                acting in the place of a natural or adoptive parent;'';
                    (B) in clause (v), by striking the semicolon at the 
                end and inserting ``, including officials who carry out 
                activities under subtitle B of title VII of the 
                McKinney-Vento Homeless Assistance Act;'';
                    (C) in clause (ix), by striking ``and'' after the 
                semicolon;
                    (D) in clause (x), by striking the period at the 
                end and inserting a semicolon; and
                    (E) by adding at the end the following:
                            ``(xi) representatives from the State child 
                        welfare agency; and
                            ``(xii) a representative of wards of the 
                        State who are in foster care, such as an 
                        attorney for children in foster care, a 
                        guardian ad litem, a court appointed special 
                        advocate, or a judge.''.

SEC. 5. LOCAL EDUCATIONAL AGENCY ELIGIBILITY.

    Section 613(f)(2) of the Individuals with Disabilities Education 
Act (20 U.S.C. 1413(f)(2)) is amended--
            (1) in subparagraph (B), by striking ``and title XVI of the 
        Social Security Act (supplemental security income)'' and 
        inserting ``title XVI of the Social Security Act (supplemental 
        security income), part E of title IV of the Social Security Act 
        (foster care and adoption assistance), the John H. Chafee 
        Foster Care Independence Program under section 477 of the 
        Social Security Act, and State case plans for wards of the 
        State'';
            (2) in subparagraph (C), by striking ``and'' after the 
        semicolon;
            (3) in subparagraph (D), by striking the period at the end 
        and inserting ``, that includes staff from the State child 
        welfare agency; and''; and
            (4) by adding at the end the following:
                    ``(E) developing and coordinating strategies with 
                local educational agency liaisons for homeless children 
                and youths (designated pursuant to section 
                722(g)(1)(J)(ii) of the McKinney-Vento Homeless 
                Assistance Act) to facilitate service delivery to 
                children with disabilities who are homeless 
                children.''.

SEC. 6. EVALUATIONS, ELIGIBILITY DETERMINATIONS, INDIVIDUALIZED 
              EDUCATION PROGRAMS, AND EDUCATIONAL PLACEMENTS.

    Section 614 of the Individuals with Disabilities Education Act (20 
U.S.C. 1414) is amended--
            (1) in subsection (a)(1)(C), by adding at the end the 
        following:
                            ``(iii) Exception for wards of the state.--
                        The agency shall not be required to obtain an 
                        informed consent from the parents of a child 
                        for an initial evaluation to determine whether 
                        the child is a child with a disability if such 
                        child is a ward of the State and consent has 
                        been given by the judge appointed to the 
                        child's case or the child's attorney, guardian 
                        ad litem, or court appointed special 
                        advocate.'';
            (2) in subsection (b)(3)--
                    (A) in subparagraph (C), by striking ``and'' after 
                the semicolon;
                    (B) in subparagraph (D), by striking the period at 
                the end and inserting ``; and''; and
                    (C) by adding at the end the following:
                    ``(E) assessments of homeless children and wards of 
                the State are--
                            ``(i) expedited and coordinated with such 
                        children's prior and subsequent schools as 
                        necessary to ensure timely completion of full 
                        evaluations; and
                            ``(ii) completed within time limits--
                                    ``(I) established for all students 
                                by Federal, State, and local laws; and
                                    ``(II) that computes the 
                                commencement of time from the date on 
                                which such children are first referred 
                                for assessments in any local 
                                educational agency.'';
            (3) in subsection (d)--
                    (A) in paragraph (1)(B)--
                            (i) in clause (vi), by striking ``and'' 
                        after the semicolon;
                            (ii) in clause (vii), by striking the 
                        period at the end and inserting ``; and''; and
                            (iii) by adding at the end the following:
                            ``(viii) if the child is a ward of the 
                        State, the individual with primary 
                        responsibility for the child's education needs, 
                        such as a foster parent, a relative with whom 
                        the child lives who acts as a parent to the 
                        child, an attorney for the child, a guardian ad 
                        litem, a court appointed special advocate, a 
                        judge, or an education surrogate.''; and
                    (B) in paragraph (2), by adding at the end the 
                following:
                    ``(C) Program for homeless children and wards of 
                the state.--In the case of a homeless child or a ward 
                of the State who enrolls in a new school and who had an 
                IEP that was in effect in the same or another State, 
                the local educational agency, State educational agency, 
or other State agency, as the case may be, shall immediately have in 
effect such IEP until such agency--
                            ``(i) adopts such IEP; or
                            ``(ii) develops a new IEP.''; and
            (4) in subsection (f), by adding at the end the following: 
        ``Decisions regarding the educational placement of a child with 
        a disability who is a homeless child shall comply with the 
        requirements described under section 722(g)(3) of the McKinney-
        Vento Homeless Assistance Act.''.

SEC. 7. PROCEDURAL SAFEGUARDS.

    Section 615 of the Individuals with Disabilities Education Act (20 
U.S.C. 1415) is amended--
            (1) in subsection (a), by inserting ``, including children 
        with disabilities who are wards of the State,'' after 
        ``children with disabilities'';
            (2) in subsection (b)--
                    (A) in paragraph (2)--
                            (i) by striking ``or the child is a ward of 
                        the State'' and inserting ``the child is a ward 
                        of the State, or the child is a homeless child 
                        who is not in the physical custody of a parent 
                        or guardian''; and
                            (ii) by inserting ``in accordance with 
                        subsection (n)'' after ``surrogate for the 
                        parents'';
                    (B) in paragraph (7)--
                            (i) in subparagraph (B)(i), by striking 
                        ``residence of the child,'' and inserting 
                        ``residence of the child (or available contact 
                        information in the case of a homeless 
                        child),''; and
                            (ii) by striking ``and'' after the 
                        semicolon;
                    (C) in paragraph (8), by striking the period at the 
                end and inserting ``; and''; and
                    (D) by adding at the end the following:
            ``(9) procedures to protect the rights of the child 
        whenever the child is a ward of the State, including procedures 
        that preserve the rights of the natural or adoptive parent to 
        make the decisions required of parents under this Act (unless 
        such rights have been extinguished under State law) but that 
        permit a child who is represented in juvenile court by an 
        attorney, guardian ad litem, or another individual, to be 
        represented by such attorney, guardian ad litem, or other 
        individual in any meetings, mediation proceedings, or hearings 
        provided under this Act.'';
            (3) in subsection (l), by striking ``disabilities,'' and 
        inserting ``disabilities, or under subtitle B of title VII of 
        the McKinney-Vento Homeless Assistance Act or parts B and E of 
        title IV of the Social Security Act,''; and
            (4) by adding at the end the following:
    ``(n) Surrogate Parent.--
            ``(1) Assignment.--The assignment of a surrogate under 
        subsection (b)(2) shall take place not more than 30 days after 
        the earlier of the following takes place:
                    ``(A) The child is referred to the local 
                educational agency for an initial evaluation to 
                determine if the child is a child with a disability.
                    ``(B) There is a determination made by the agency 
                that the child needs a surrogate parent because the 
                child's parent cannot be identified, the child becomes 
                a ward of the State, or, despite reasonable efforts to 
                do so, the agency cannot discover the whereabouts of 
                the parent of the child.
            ``(2) Requirements of surrogate.--An individual may not be 
        assigned to act as a surrogate for the parents under subsection 
        (b)(2) unless the individual--
                    ``(A) signs a written form agreeing to make the 
                educational decisions required of parents under this 
                Act;
                    ``(B)(i) has the knowledge and skills necessary to 
                ensure adequate representation of the child; or
                    ``(ii) agrees to be trained as an educational 
                surrogate; and
                    ``(C) has no interests that would conflict with the 
                interests of the child.
            ``(3) Foster parent as surrogate.--A foster parent of a 
        child may be assigned to act as a surrogate for the parents of 
        such child under subsection (b)(2) if the foster parent--
                    ``(A) has an ongoing, long-term parental 
                relationship with the child;
                    ``(B) agrees to make the educational decisions 
                required of parents under this Act;
                    ``(C) agrees to be trained as an educational 
                surrogate; and
                    ``(D) has no interest that would conflict with the 
                interests of the child.''.

SEC. 8. FINDINGS AND POLICY.

    Section 631(a)(5) of the Individuals with Disabilities Education 
Act (20 U.S.C. 1431(a)(5)) is amended by inserting ``, and infants and 
toddlers in foster care'' after ``rural populations''.

SEC. 9. ELIGIBILITY.

    Section 634(1) of the Individuals with Disabilities Education Act 
(20 U.S.C. 1434(1)) is amended by inserting ``, infants or toddlers 
with disabilities who are homeless children, and infants or toddlers 
with disabilities who are wards of the State'' after ``located in the 
State''.

SEC. 10. REQUIREMENTS FOR STATEWIDE SYSTEM.

    Section 635 of the Individuals with Disabilities Education Act (20 
U.S.C. 1435) is amended--
            (1) in subsection (a)--
                    (A) in paragraph (5), 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'';
                    (B) in paragraph (6), by striking ``hospitals and 
                physicians'' and inserting ``hospitals, physicians, 
                homeless family shelters, medicaid and State child 
                health insurance program enrollment offices, health and 
                mental health clinics, public schools in low-income 
                areas serving low-income children, staff in State and 
                local child welfare agencies, and judges''; and
                    (C) by adding at the end the following:
            ``(17) A procedure to ensure that early intervention 
        services and evaluations are available to infants or toddlers 
        with disabilities who are--
                    ``(A) homeless children; and
                    ``(B) wards of the State or in foster care, or 
                both.''; and
            (2) 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 with respect to early and periodic screening, 
diagnostic, and treatment services (as defined in section 1905(r) of 
such Act).''.

SEC. 11. STATE APPLICATION AND ASSURANCES.

    Section 637 of the Individuals with Disabilities Education Act (20 
U.S.C. 1437) is amended--
            (1) in subsection (a)--
                    (A) in paragraph (8)(C), by striking ``and'' after 
                the semicolon;
                    (B) by redesignating paragraph (9) as paragraph 
                (10); and
                    (C) by inserting after paragraph (8) the following:
            ``(9) a description of policies and procedures to ensure 
        that infants or toddlers with disabilities who are homeless 
        children and their families and infants or toddlers with 
        disabilities who are wards of the State have access to 
        multidisciplinary evaluations and early intervention services; 
        and''; and
            (2) in subsection (b)(7), by striking ``low-income, and 
        rural families'' and inserting ``low-income, homeless, and 
        rural families and children with disabilities who are wards of 
        the State''.

SEC. 12. STATE INTERAGENCY COORDINATING COUNCIL.

    Section 641(b)(1) of the Individuals with Disabilities Education 
Act (20 U.S.C. 1441(b)(1)) is amended--
            (1) in subparagraph (A), by striking the period at the end 
        and inserting ``, not less than one other member shall be a 
        foster parent of a child with a disability, and not less than 
        one other member shall be a grandparent or other relative 
        acting in the place of a natural or adoptive parent of a child 
        with a disability.''; and
            (2) by adding at the end the following:
                    ``(J) Office of the coordinator of education of 
                homeless children and youth.--Not less than 1 
                representative designated by the Office of Coordinator 
                for Education of Homeless Children and Youths.
                    ``(K) State child welfare agency.--Not less than 1 
                representative from the State child welfare agency 
                responsible for foster care.
                    ``(L) Representative of foster children.--Not less 
                than 1 individual who represents the interests of 
                children in foster care and understands such children's 
                education needs, such as an attorney for children in 
                foster care, a guardian ad litem, a court appointed 
                special advocate, a judge, or an education surrogate 
                for children in foster care.''.

SEC. 13. ADMINISTRATIVE PROVISIONS.

    Section 661(e)(2) of the Individuals with Disabilities Education 
Act (20 U.S.C. 1461(e)(2)) is amended--
            (1) in subparagraph (E), by striking ``and'' after the 
        semicolon;
            (2) in subparagraph (F), by striking the period at the end 
        and inserting ``; and''; and
            (3) by adding at the end the following:
                    ``(G) projects that provide training in educational 
                advocacy to individuals with responsibility for the 
                needs of wards of the State, including foster parents, 
                grandparents and other relatives acting in the place of 
                a natural or adoptive parent, attorneys for children in 
                foster care, guardians ad litem, court appointed 
                special advocates, judges, education surrogates, and 
                children's caseworkers.''.

SEC. 14. CONFORMING AMENDMENTS.

    Section 612(a)(12)(B)(i) of the Individuals with Disabilities 
Education Act (20 U.S.C. 1412(a)(12)(B)(i)) is amended--
            (1) by striking ``602(22)'' and inserting ``602(23)'';
            (2) by striking ``602(29)'' and inserting ``602(30)''; and
            (3) by striking ``602(30)'' and inserting ``602(31)''.
                                 <all>