[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4059 Introduced in House (IH)]







109th CONGRESS
  1st Session
                                H. R. 4059

  To amend the Individuals with Disabilities Education Act to enhance 
  educational services for persons with autism spectrum disorders, to 
  expand loan forgiveness for teachers of autistic children, and for 
                            other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            October 17, 2005

Mr. Smith of New Jersey (for himself, Mr. Doyle, Mr. Burton of Indiana, 
  and Mr. Weldon of Florida) introduced the following bill; which was 
        referred to the Committee on Education and the Workforce

_______________________________________________________________________

                                 A BILL


 
  To amend the Individuals with Disabilities Education Act to enhance 
  educational services for persons with autism spectrum disorders, to 
  expand loan forgiveness for teachers of autistic children, 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 2005'' or the ``TEACH Act of 2005''.

SEC. 2. FINDINGS AND PURPOSE.

    (a) Findings.--Congress finds the following:
            (1) Autism spectrum disorders (ASD), considered in 1965 to 
        be a rare disorder, has grown over the past 40 years from a 
        prevalence of one in 10,000 to as many as one in 166 in young 
        children today.
            (2) Autism is a complex developmental disability that 
        affects an individual in the areas of social interaction and 
        communication. Because it is a spectrum disorder, it affects 
        each individual differently and to varying degrees of severity. 
        People with autism process and respond to information in unique 
        ways. In some cases, aggressive or self-injurious behavior may 
        be present.
            (3) Despite the progress that has been made in early 
        diagnosis and intervention of autism spectrum disorders, too 
        many children are not being diagnosed until after they enter 
        school.
            (4) The increased number of children and adults diagnosed 
        with an autism spectrum disorder is a growing and urgent 
        concern for families, service providers, and policy-makers, as 
        existing health, education, and social service systems struggle 
        to respond to the service needs of this population in a 
        comprehensive manner.
            (5) Though a number of effective services and funding 
        options exist, they tend to be scattered, fragmented, and 
        poorly coordinated, there are no widely accepted or implemented 
        service guidelines for autism spectrum disorders, and there are 
        significant gaps in knowledge about autism.
            (6) Factors that have a major impact on the intensity and 
        types of services for individuals with an autism spectrum 
        disorder include the uniqueness of the ways individuals with 
        autism process and respond to information, the variability of 
        how autism affects each individual, the percentage of time 
        individuals with autism are successfully taught in a regular 
        classroom, and the communication and socialization deficits of 
        those individuals.
            (7) Children with an autism spectrum disorder who receive 
        intensive behavioral therapy and educational services often 
        make very significant functional improvements.
            (8) The Autism Coordinating Committee, created as a result 
        of the Children's Health Act of 2000 (Public Law 106-310, 114 
        Stat. 1101), established a Services Subcommittee to develop a 
        national action plan for expanding and improving services 
        related to autism spectrum disorders. The Services Subcommittee 
        appointed an Autism Spectrum Disorders Expert Working Group 
        which presented in May 2005 an ``Autism Spectrum Disorders 
        (ASD) Roadmap'' to expand, enhance, and coordinate services for 
        children, youth, and adults with ASD, and their families.
    (b) Purpose.--It is the purpose of this Act to enhance educational 
services for individuals with autism spectrum disorders, in a manner 
generally consistent with and supportive of the ``Autism Spectrum 
Disorders (ASD) Roadmap''.

SEC. 3. AUTISM EARLY SCREENING, DIAGNOSIS, AND INTERVENTION.

    (a) Outreach Plan.--The Secretary of Education, in cooperation with 
the Assistant Secretary for Children and Families of the Department of 
Health and Human Services, shall award one or more grants, contracts, 
or cooperative agreements to an organization or organizations to 
develop a plan to conduct education and outreach activities for 
populations and individuals underserved by early screening and 
diagnosis for neurodevelopmental delays, including for individuals who 
may have avoided developmental disability evaluations.
    (b) Report.--Section 613 of the Individuals with Disabilities 
Education Act (20 U.S.C. 1413) is amended by adding at the end the 
following new subsection:
    ``(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 an autism 
                spectrum disorder 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 disorder' has the meaning given the term by the 
        Diagnostic and Statistical Manual of Mental Disorders-Fourth 
        Edition (DSM-IV).''
    (c) 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 to comply with the reporting requirement 
under section 613(k) of such Act, as added by subsection (b).

SEC. 4. SENSE OF CONGRESS RELATING TO GRANTS TO IMPROVE EDUCATION OF 
              INDIVIDUALS WITH DISABILITIES.

    It is the sense of Congress that the Secretary of Education, in 
making an award of a grant or in entering into a contract or 
cooperative agreement under subpart 2 or subpart 3 of part D of the 
Individuals with Disabilities Education Act, shall give special 
consideration to the increased incidence of autism spectrum disorders 
among children and the increased demands placed on educational systems 
due to the complexity and symptoms of autism, including the uniqueness 
of the ways individuals with autism process and respond to information, 
the variability of how autism affects each individual, and the extreme 
and unusual communication and socialization deficits of those 
individuals.

SEC. 5. EXPANDED LOAN FORGIVENESS PROGRAM FOR TEACHERS OF AUTISTIC 
              CHILDREN.

    (a) Program.--
            (1) In general.--The Secretary of Education 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, and of 
        canceling the obligation to repay a loan made under part D of 
        such title (excluding loans made under section 428B of such Act 
        or comparable loans made under part D of such title) for any 
        borrower who--
                    (A) is employed, for three consecutive complete 
                school years, as a full-time special education teacher 
                of children with an autism spectrum disorder;
                    (B) satisfies the requirements of subsection (d); 
                and
                    (C) 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 Secretary may assume or cancel 
        the obligation to repay on behalf of any individual under this 
        section--
                    (A) the sum of the principal amounts outstanding 
                (not to exceed $5,000) of the individual's qualifying 
                loans at the end of three 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 two 
                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 part 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 an autism 
                        spectrum disorder; or
                            (ii) a public middle or secondary school, 
                        holds a bachelor's degree and demonstrates a 
                        high level of competency for teaching children 
                        with an autism spectrum disorder, 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 an autism spectrum disorder, 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 section 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 children with an autism 
        spectrum disorder.--The term ``teacher of children with an 
        autism spectrum disorder'' 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 2006 through 2010.

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 individuals with an autism 
        spectrum disorder 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 individuals with an autism spectrum 
        disorder; 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 individuals with an 
        autism spectrum disorder 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 an autism 
                spectrum disorder.
                    (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 2006 through 
        2010.
            (2) Availability.--Amounts appropriated pursuant to the 
        authorization of appropriations under paragraph (1) are 
        authorized to remain available until expended.

SEC. 7. REPORT ON SERVICES PROVIDED TO INDIVIDUALS WITH AUTISM.

    (a) In General.--Not later than one year after the date of the 
enactment of this Act, the Secretary of Education, in cooperation with 
the Assistant Secretary for Children and Families of the Department of 
Health and Human Services, shall submit to Congress a report on the 
services provided to individuals with an autism spectrum disorder in 
accordance with the Individuals with Disabilities Education Act (20 
U.S.C. 1400 et seq.) and the Head Start Act (42 U.S.C. 9831 et seq.).
    (b) Contents of Report.--The report shall include the types and 
levels of services provided to individuals with an autism spectrum 
disorder, the specialization or expertise of providers who work with 
such individuals, and the effectiveness of such services and such 
providers for such individuals. The report should cover all individuals 
served, and shall also include a section on postsecondary, vocational, 
technical, continuing, and adult education programs in providing 
appropriate assistance to individuals with an autism spectrum disorder. 
The report shall also include a projection and assessment of future 
educational needs required to adequately serve individuals with an 
autism spectrum disorder based on the estimated incidence for such 
individuals born in 2005.
    (c) Public Availability.--The report shall be made available to the 
public.

SEC. 8. 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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