[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[H.R. 602 Introduced in House (IH)]

112th CONGRESS
  1st Session
                                H. R. 602

   To amend the Individuals with Disabilities Education Act to make 
improvements to the individualized education program under that Act and 
 facilitate the transition of children with disabilities to adulthood, 
                        and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                           February 10, 2011

   Mr. Harper (for himself and Mrs. McMorris Rodgers) 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 make 
improvements to the individualized education program under that Act and 
 facilitate the transition of children with disabilities to adulthood, 
                        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 ``Transition toward Excellence, 
Achievement and Mobility through Education Act of 2011'' or ``TEAM-
Education Act of 2011''.

SEC. 2. FINDINGS AND PURPOSES.

    (a) Findings.--Congress finds the following:
            (1) Evidence-based research has conclusively documented 
        that youth with significant disabilities who were educated in 
        inclusive settings, were exposed to work experience and career 
        exploration, and participated in a paid work experience while 
        in school had better postsecondary outcomes and higher rates of 
        sustainable employment.
            (2) Higher rates of self-determination, in which 
        individuals with significant disabilities and their families 
        have direct control over the decision-making process in order 
        to ensure an appropriate individualized transition strategy, 
        lead to better outcomes.
            (3) Regulations and processes allowing for flexibility in 
        the blending and braiding of government funds to ensure 
        seamless, collaborative strategies during the transition 
        process lead to better outcomes for individuals with 
        significant disabilities.
            (4) Agency officials involved directly in the provision of 
        supports and services during a youth's transition into 
        adulthood and beyond must be provided additional training to 
        become properly prepared to adequately address the individual 
        transition needs of students with significant disabilities.
    (b) Purposes.--The purposes of this Act are the following:
            (1) Create a holistic system across multiple partners 
        focused on successful transition of youth with significant 
        disabilities into adulthood.
            (2) Create a systemic focus on achieving high expectations 
        for all youth, through equality of opportunity, full 
        participation through self-determination and informed choice, 
        outcomes related to post-secondary options that lead to 
        competitive integrated employment and economic self-
        sufficiency.
            (3) Promote innovative strategies to foster academic, 
        professional, and social inclusion, and the solidification of 
        long-term supports and services required to ensure full 
        integration into the community setting.
            (4) Better define and coordinate specific services related 
        to the effective transition of youth with significant 
        disabilities.
            (5) Eliminate barriers and promote incentives for multiple 
        stakeholders to collaborate and improve transition 
        opportunities for youth with significant disabilities.

SEC. 3. DEFINITIONS.

    (a) Transition Services.--Section 602(34) of the Individuals with 
Disabilities Education Act (20 U.S.C. 1401(34)) is amended--
            (1) in subparagraph (A), by inserting ``and customized 
        employment'' after ``supported employment'';
            (2) in subparagraph (B), by striking ``and'' at the end;
            (3) in subparagraph (C), by striking the period at the end 
        and inserting a semicolon; and
            (4) by adding at the end the following new subparagraphs:
                    ``(D) includes training in self-advocacy and self-
                determination activities and the skills needed to 
                participate in making informed choices to prepare and 
                empower the child to advocate and negotiate on the 
                child's own behalf; and
                    ``(E) does not include facility-based employment or 
                activity settings, such as sheltered workshops, day 
                habilitation centers, mobile work crews, or enclave 
                work settings.''.
    (b) Other Definitions.--Section 602 of the Individuals with 
Disabilities Education Act (20 U.S.C. 1401) is amended by adding at the 
end the following new paragraphs:
            ``(37) Informed choice.--The term `informed choice' means a 
        choice-making process that includes the following elements:
                    ``(A) The provision of adequate information to the 
                child and the child's parents about the full range of 
                options that are to be considered.
                    ``(B) Sufficient resources (personnel as well as 
                fiscal) to support the choice made by the child and the 
                child's parents.
                    ``(C) Willingness of any provider of services to 
                accept the choice and the reasonable risks associated 
                with the choice.
                    ``(D) Information on the parameters of the choice 
                and the relevant options being considered in the 
                language and capabilities of the child in the choice-
                making process.
                    ``(E) Acknowledgment by the child and all parties 
                involved that the use of public-funds should be focused 
                on choices that foster personal, social, and 
                professional development in integrated settings and 
                lead to outcomes of increased economic self-sufficiency 
                and professional advancement.
            ``(38) Integrated employment.--The term `integrated 
        employment' means work compensated at the greater of minimum 
        wage or competitive wages with related employment benefits, 
        occurring in a typical work setting where the employee with the 
        disability interacts or has the opportunity to interact 
        continuously with non-disabled co-workers, has an opportunity 
        for advancement and mobility, and is preferably engaged in 
        full-time employment.
            ``(39) Self-determination activities.--The term `self-
        determination activities' has the meaning given the term in 
        section 102 of the Developmental Disabilities Assistance and 
        Bill of Rights Act of 2000 (42 U.S.C. 15002).
            ``(40) State intellectual and developmental disabilities 
        agency.--The term `State intellectual and developmental 
        disabilities agency' means the primary State agency or 
        subdivision with administrative, programmatic, and operational 
        responsibility for the full range of services and supports 
        furnished to individuals with intellectual and developmental 
        disabilities.''.

SEC. 4. STATE-LEVEL ACTIVITIES.

    Section 611(e)(2)(C) of the Individuals with Disabilities Education 
Act (20 U.S.C. 1411(e)(2)(C)) is amended--
            (1) by redesignating clauses (vii) through (xi) as clauses 
        (viii) through (xii), respectively; and
            (2) by inserting after clause (vi) the following new 
        clause:
                            ``(vii) To enter into contracts with 
                        entities that have expertise in the provision 
                        of transition services specifically related to 
                        assisting children with disabilities in the 
                        accomplishment of the transition objectives 
                        outlined in the child's IEP to the extent such 
                        objectives relate to the provision of school-
                        based preparatory activities, work-based 
                        learning experiences, career preparation, and 
                        job experiences in an integrated community 
                        setting, other than facility-based employment 
                        and activity settings, such as sheltered 
                        workshops, day habilitation centers, mobile 
                        work crews, and enclave work settings.''.

SEC. 5. STATE ELIGIBILITY.

    Section 612(a) of the Individuals with Disabilities Education Act 
(20 U.S.C. 1412(a)) is amended by adding at the end the following new 
paragraph:
            ``(26) Plan relating to transition services.--
                    ``(A) In general.--The State has established a plan 
                to ensure that the State educational agency coordinates 
                efforts among the various State agencies involved in 
                the successful transition of youth with disabilities 
                into adulthood, including the State agencies described 
                in subparagraph (B), and to align practices and direct 
                resources toward the effective provision of transition 
                services to address the needs of children with 
                disabilities, including involvement and progress in the 
                general curriculum in the least restrictive 
                environment, academic and school-based preparatory 
                experiences, work and career readiness, youth 
                development and leadership, comprehensive community 
                connections, and family involvement and engagement.
                    ``(B) State agencies described.--The State agencies 
                referred to in subparagraph (A) are--
                            ``(i) the State intellectual and 
                        developmental disabilities agency;
                            ``(ii) the State vocational rehabilitation 
                        agency;
                            ``(iii) the agency responsible for the 
                        State medicaid program under title XIX of the 
                        Social Security Act; and
                            ``(iv) the State department of labor or 
                        workforce investment board.''.

SEC. 6. INDIVIDUALIZED EDUCATION PROGRAMS.

    (a) Evaluations Before Change in Eligibility.--Section 
614(c)(5)(B)(ii) of the Individuals with Disabilities Education Act (20 
U.S.C. 1414(c)(5)(B)(ii)) is amended--
            (1) by striking ``the child with a summary'' and inserting 
        ``to the child and the child's parents, not later than 7 days 
        after the child's eligibility terminates, with--
                                    ``(I) a summary'';
            (2) by striking the period at the end and inserting ``; 
        and''; and
            (3) by adding at the end the following new subclause:
                                    ``(II) a comprehensive record of 
                                the child's work experiences, skills, 
                                talents and strengths relevant for 
                                discussions with prospective employers, 
                                post-secondary education programs, 
                                career placement services, and 
                                mentors.''.
    (b) Individualized Education Program.--Section 614(d)(1)(A) of the 
Individuals with Disabilities Education Act (20 U.S.C. 1414(d)(1)(A)) 
is amended--
            (1) in clause (i)--
                    (A) in subclause (VII), by striking ``and'' at the 
                end;
                    (B) in subclause (VIII)--
                            (i) in the matter preceding item (aa)--
                                    (I) by striking ``16'' and 
                                inserting ``14''; and
                                    (II) by inserting ``at a minimum'' 
                                after ``updated''; and
                            (ii) by striking items (bb) and (cc) and 
                        inserting the following:
                                            ``(bb) a strategy to 
                                        address the needs of the child 
                                        related to academic and school-
                                        based preparatory experiences, 
                                        work and career readiness, 
                                        youth development and 
                                        leadership, comprehensive 
                                        community connections, and 
                                        family involvement and 
                                        engagement; and
                                            ``(cc) objectives leading 
                                        to postsecondary education, 
                                        sustained integrated 
                                        employment, economic self-
                                        sufficiency, independent living 
                                        and community participation;''; 
                                        and
                    (C) by adding at the end the following:
                                    ``(IX) beginning not later than the 
                                date on which the first IEP is to be in 
                                effect when the child attains the age 
                                of 14--
                                            ``(aa) a description of the 
                                        transition services (including 
                                        courses of study and work 
                                        experience) that will be 
                                        provided to assist the child in 
                                        reaching the postsecondary 
                                        goals described in subclause 
                                        (VIII)(aa); and
                                            ``(bb) a description of the 
                                        training in self-advocacy, 
                                        development of self-
                                        determination activities, and 
                                        the skills needed to 
                                        participate in making informed 
                                        choices to prepare and empower 
                                        the child to negotiate and 
                                        advocate on the child's own 
                                        behalf; and
                                    ``(X) beginning not later than 1 
                                year before the child reaches the age 
                                of majority under State law, a 
                                statement that the child and the 
                                child's parents have been informed of 
                                the child's rights under this title, if 
                                any, that will transfer to the child on 
                                reaching the age of majority under 
                                section 615(m).''; and
            (2) by adding at the end the following:
                            ``(iii) Additional rule of construction.--
                        Nothing in clause (i)(VIII) shall be construed 
                        to authorize the use of facility-based 
                        employment or activity settings, such as 
                        sheltered workshops, day habilitation centers, 
                        mobile work crews, or enclave work settings in 
                        a child's IEP.''.
    (c) Individualized Education Program Team.--Section 614(d)(1)(B) of 
the Individuals with Disabilities Education Act (20 U.S.C. 
1414(d)(1)(B)) is amended--
            (1) in clause (vi), by striking ``and'' at the end;
            (2) redesignating clause (vii) as clause (viii); and
            (3) by inserting after clause (vi), as amended by this 
        subsection, the following:
                            ``(vii) beginning at the age of 14 with 
                        respect to a child with a disability who is 
                        expected to be eligible to receive adult 
                        services under the State medicaid program under 
                        title XIX of the Social Security Act (or any 
                        services provided under a waiver under such 
                        program) or any other adult services provided 
                        by the State intellectual and developmental 
                        disabilities agency upon reaching the age of 
                        majority, a representative of the State 
                        intellectual and developmental disabilities 
                        agency; and''.
    (d) Development of IEP.--Section 614(d)(3) of the Individuals with 
Disabilities Education Act (20 U.S.C. 1414(d)(3)) is amended--
            (1) in subparagraph (A)--
                    (A) in clause (iii), by striking ``and'' at the 
                end;
                    (B) in clause (iv), by striking the period at the 
                end and inserting ``; and''; and
                    (C) by adding at the end the following:
                            ``(v) the transition services necessary to 
                        assist the child to attain a postsecondary 
                        education, integrated employment, independent 
                        living, and community participation.''; and
            (2) by redesignating subparagraphs (B) through (F) as 
        subparagraphs (C) through (G), respectively;
            (3) by inserting after subparagraph (A) the following new 
        subparagraph:
                    ``(B) Preparation for development of iep for a 
                child in transition years.--The IEP Team, upon the 
                request of a child who has attained the age of 14, 
                shall--
                            ``(i) offer a preliminary meeting and 
                        advocacy training for the child and child's 
                        parents to support the preparation of the 
                        parents in advocating on their child's behalf 
                        during any upcoming IEP team meeting that will 
                        be conducted by a certified trainer with 
                        specific experience in self-advocacy and family 
                        advocacy training; and
                            ``(ii) ensure that all pertinent 
                        information, including school records, 
                        educational materials regarding transition 
                        services available and background information 
                        on any pre-existing partnerships between the 
                        local educational agency and any outside 
                        providers of transition services or post-
                        secondary education, is sent to the child at 
                        least ten days prior to the IEP team 
                        meeting.''; and
            (4) in subparagraph (G) (as redesignated), by striking 
        ``subparagraph (D)'' and inserting ``subparagraph (E)''.
    (e) Review and Revision of IEP.--Section 614(d)(4)(A) of the 
Individuals with Disabilities Education Act (20 U.S.C. 1414(d)(4)(A)) 
is amended--
            (1) in clause (i), by striking ``and'' at the end;
            (2) in clause (ii), by striking the period at the end and 
        inserting ``; and''; and
            (3) by adding at the end the following:
                            ``(iii) beginning when the child attains 
                        the age of 14, evaluates the progress made in 
                        achieving the child's transition objectives, 
                        identifying challenges and opportunities and 
                        discussing any additional transition services 
                        that need to be secured to optimize the child's 
                        successful completion of transition objectives 
                        set forth in the child's IEP leading to 
                        postsecondary education, integrated employment, 
                        independent living, and community 
                        participation.''.

SEC. 7. GRANTS FOR ESTABLISHMENT OF LOCAL COORDINATORS FOR TRANSITION 
              SERVICES.

    Section 614 of the Individuals with Disabilities Education Act (20 
U.S.C. 1414) is amended by adding at the end the following:
    ``(g) Grants for Establishment of Local Coordinators for Transition 
Services.--
            ``(1) In general.--The Secretary is authorized to provide 
        grants to State educational agencies to provide authorization, 
        funding, and support to local educational agencies to establish 
        coordinators to provide transition services to children with 
        disabilities under this part.
            ``(2) Activities of coordinators.--Coordinators established 
        under paragraph (1) shall--
                    ``(A) manage the development and implementation of 
                the transition services components of an IEP for 
                children with disabilities under this part; and
                    ``(B) facilitate relationships between children 
                with disabilities and parents of children with 
                disabilities and public and private agencies involved 
                in transition services for children with disabilities 
                under this part.
            ``(3) Authorization of appropriations.--There are 
        authorized to be appropriated to carry out this subsection 
        $50,000,000 for each of the fiscal years 2012 through 2016.''.

SEC. 8. EFFECTIVE DATE.

    The amendments made by this Act take effect on the date of the 
enactment of this Act and apply with respect to fiscal years beginning 
on or after the date of the enactment of this Act.
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